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12/08/2020
City of Niagara Falls Agenda City Council Meeting Tuesday, December 8, 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 (Resolution updated) December 8 - Resolution to go In-Camera 14 - 15 2. CALL TO ORDER O Canada: Taylor Nicol (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of November 17, 2020 Minutes-City Council - 17 Nov 2020 16 - 39 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. PRESENTATIONS 6.1. PBD-2020-83 Cannabis Operations 40 - 97 Page 1 of 551 SGL Planning & Design Inc. Study Presentation The consultants from SGL Planning & Design, Paul Lowes and Susanne MacDonald will provide a powerpoint presentation to Council on the Cannabis Study - Land Use Review Report on their work to date and input received recently from the public. They will be seeking Council’s direction on an option. NOTE: This is not the prescribed Public Meeting. That will be scheduled for a later date. PBD-2020-83, SGL Cannabis Study Presentation Niagara Falls Cannabis Facilities Study_December_2020 7. PLANNING MATTERS 7.1. PBD-2020-78 (Presentation added) 26T-11-2020-003 Cytec Thorold Stone Road Lands Draft Plan of Subdivision Application North and South Side of Thorold Stone Road east of Stanley Avenue Applicant: 1939522 Ontario Ltd. (Tony DiFruscio) Agent: LANDx Developments (Tim Collins) PBD-2020-78, 26T-11-2020-003 - Draft Plan of Subdivision - Cytec TSR Lands Presentation - Thorold Stone Rd, East of Stanley Ave, Draft Plan of Subdivision 98 - 121 7.2. PBD-2020-80 (Presentation added) AM-2020-013, Zoning By-law Amendment Application 5525 Victoria Avenue & 4858 Kitchener Street Proposal: 7 storey Addition to the Existing Hotel Applicant: 1923222 Ontario Ltd. (Mike Bufalino) Agent: Raimondo & Associates Architects Inc. (David Robbins) PBD-2020-80, AM-2020-013, Zoning By-law Amendment, 5525 Victoria & 4858 Kitchener Presentation - AM-013 5525 Victoria 4858 Kitchener 7 storey addition 122 - 144 Page 2 of 551 8. REPORTS 8.1. 2021 Water/Wastewater Budget (Presentation updated) Tiffany Clark, Director of Finance, will update Council on the 2021 Water/Wastewater Budget. 2021 Water & Wastewater Budget - 12.8.20 2021 Water and Wastewater Budget (Media) 145 - 185 8.2. TS-2020-35 Transit Strategic Business Plan & Ridership Growth Strategy: Five-Year Update (2021-2025) Carla Stout, General Manager of Transit Services, will provide the Transit Strategic Business Plan & Ridership Growth Strategy by reviewing a presentation to Council. TS-2020-35 Transit Strategic Business Plan & Ridership Growth Strategy - 5 YR Update TRANSIT STRAT PLAN 2020 5 Year Update Council Presentation TTR_NFTransit_SvcPlan_Report_Final_2020-11-20 186 - 264 8.3. CD-2020-08 Fee Waiver Application Women’s Place of South Niagara Inc. – Nova House Expansion CD-2020-08 - Fee Waiver - Women's Place of South Niagara Inc - Nova House Expansion Fee Waiver Application-Women's Place of Niagara Inc - Nova House Expansion 265 - 272 8.4. F-2020-48 (Attachment #1 added) Special COVID-19 Pre-Authorized Property Tax Payment Plan F-2020-48 Special COVID-19 Pre-Authorized Payment Plan F-2020-48 Attachment 1 Municipal Act Section 106 and 107 273 - 282 8.5. F-2020-50 Approval of Interim 2021 Spending Limits 283 Page 3 of 551 F-2020-50 Approval of Interim 2021 Spending Limits 8.6. F-2020-51 2021 Capital Budget F-2020-51 2021 Capital Budget Follow Up F-2020-51 Attachment 1 - 2021 Capital Budget - Tax Supported Operating Budget Funded Projects F-2020-51 Attachment 2 - 2021 Capital Budget - Revised Tax Supported Operating Budget Funded Projects F-2020-51 Attachment 3 - 2021 Capital Budget - Amended 2021 Capital Budget 284 - 295 8.7. F-2020-52 (Attachment #3 added) COVID-19 Financial Update F-2020-52 2020 COVID-19 Financial Update F-2020-52 Attachment 1 - Phase 2 Submission - Operating Revenues as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 F-2020-52 Attachment 2 - Phase 2 Submission - Operating Expenses as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 F-2020-52 Attachment 3 - Phase 2 Submission - Operating Revenue Breakdown as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 296 - 305 8.8. F-2020-53 2019 Water Fund and Wastewater Fund Budget to Actual (unaudited) Comparison F-2020-53 2019 Water Fund and Wastewater Fund Budget to Actual Variance Analysis F-2020-53 Attachment 1 - Water Fund 2019 Budget to Actual Comparison 306 - 312 Page 4 of 551 F-2020-53 Attachment 2 - Wastewater Fund 2019 Budget to Actual Comparison 8.9. L-2020-14 Declaration of Surplus & Transfer of Lands 5017 Victoria Avenue Our File No. 2020-181 L-2020-14 - Report to Declare Surplus & Transfer Lands (with attachments) 313 - 326 8.10. MW-2020-30 (Report added) ICIP COVID-19 Resilience Stream Update MW-2020-30 ICIP COVID Stream Update MW-2020-30 - Attachment 1 - Millennium Trail Section 2 Development Project Budget Sheet 327 - 331 8.11. TS-2020-32 Speed Control Programs Lawn Sign Road Safety Campaign TS-2020-32 Speed Control Programs - Lawn Sign Road Safety Campaign TS-2020-32 Attachment 1 TS-2020-32 Attachment 2 332 - 346 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. 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-2020-49 347 - 365 Page 5 of 551 Municipal Accounts F-2020-49 Municipal Accounts F-2020-49 Attachment MW-2020-28 Chippawa Lions Club Lease Renewal MW-2020-28 - Chippawa Lions Club Lease Renewal MW-2020-28 - Attachment 1 - Lease Renewal 366 - 369 MW-2020-29 Drainage Superintendent Appointment – James Lane MW-2020-29 - Drainage Superintendent Appointment – James Lane 370 - 371 PBD-2020-79 DB-2020-009, Deeming By-law Application Lot 8, Plan 160 Property known as 4500 Montrose Road Applicant: Mr. Angelo Marino PBD-2020-79, DB-2020-009, 4500 Montrose Road 372 - 375 PBD-2020-81 PLC-2020-004, Request for Removal of Part Lot Control Blocks 4 & 5, Registered Plan 59M-474 6655-6697 Cropp Street Applicant: Winzen Niagara Homes Limited PBD-2020-81, PLC-2020-004, Request for Removal of Part Lot Control, Winzen Niagara Homes 376 - 380 PBD-2020-82 26CD-11-2017-002, Extension of Vacant Plan of Condominium 5065 Portage Road Applicant: Bojan Zdjelar Agent: Urban & Environmental Management Inc. (Greg Taras) PBD-2020-82, 26CD-11-2017-002, Extension of 5065 Portage Condo Plan 381 - 391 Page 6 of 551 PBD-2020-84 Revitalization Grant Application – DRU-2020-001 Commercial Building & Façade Improvement Grant 5821-5823 Ferry Street Applicant: David Tetrault and Doddy Sardjito PBD-2020-84, DRU-2020-001, Comm Bldg and Facade Improvts Ferry St 392 - 398 PBD-2020-85 2020 Program Extensions under the Downtown, Historic Drummondville and City-Wide Community Improvement Plans PBD-2020-85, Program Extensions for CIPs 399 - 402 TS-2020-33 Beck Road – Speed Limit Review TS-2020-33 Beck Road - Speed Limit Review TS-2020-33 Attachment 1 - Study Area 403 - 406 TS-2020-34 Railway Safety Improvement Program – Funding Approval TS-2020-34 Railway Safety Improvement Program - Funding Approval TS-2020-34 ATT #1 2021 Capital Budget Worksheet TS-2020-34 ATT #2 TRAINFO Sensor Information 407 - 418 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. NPCA Correspondence and Report regarding Bill 229 and Motion from St. Catharines City Council and from Town of Niagara-on-the- Lake regarding proposed changes to Conservation Authorities in Bill 229. RECOMMENDATION: That Council consider endorsing the NPCA suggested resolution. Changes to Bill 229 - Mayor Diodati 419 - 448 Page 7 of 551 Notification - Ministry of Environment from City of St. Catharines Report FA-63-2020 RE Bill 229 Proposed Amendments to the Conservation Authorities Act Council of the Corporation of the Town of Niagara-on-the-Lake Resolution Bill 229 and Conservation Authorities 10.2. NPCA Board of Director Meeting Highlights The attached correspondence highlights what was discussed at the NPCA Full Authority Meeting held on October 22, 2020. RECOMMENDATION: For the Information of Council. NPCA Board Meeting Highlights - October 22 2020 449 - 450 10.3. Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing The attached letter is regarding the second intake of the Audit and Accountability Fund (AAF). RECOMMENDATION: For the Information of Council. AAF Intake 2 Minister's Letter_Nov 17 2020 Final 451 - 452 10.4. Town of Lincoln Resolution - Regarding Section 22 (Public Health Measures Ontario COVID Response Framework) The attached resolution was passed at Town of Lincoln’s Special Council meeting on November 16, 2020. RECOMMENDATION: For the Information of Council. Resolution from Town of Lincoln -November 16, 2020 TOL Decision - Section 22 Public Health Measures Ontario COVID Response Framework 453 - 454 10.5. Letter of gratitude from Health Care Groups regarding drive-thru flu shot initiative. The Portage Medical Family Health Team, the Niagara Medical Group Family Health Team and the Niagara Falls Community Health Centre sent a letter of thanks to the Mayor and City Council for the assistance provided by the city to allow for a successful drive-thru flu shot initiative 455 Page 8 of 551 at the Gale Centre. RECOMMENDATION: For the Information of Council. Letter of thanks from Health Care Groups re- Drive-Thru Flu Shot Initiative 10.6. Correspondence from Niagara Region Attached is a letter respecting the disposition of the correspondence sent from City of Niagara Falls regarding: • Council resolution regarding Double Direct Councillors • Tender Process - Liquid Biosolids and Residuals Management Program RECOMMENDATION: For the Information of Council. CLK-C 2020-215 Follow Up Correspondence 456 - 457 10.7. Regional Council Motion re Support for Niagara’s local businesses through the second wave of the COVID-19 pandemic RECOMMENDATION: For the Information of Council. CLK-C 2020-214 Support for Niagara’s local businesses through COVID-19 458 - 459 10.8. Niagara Regional Housing - Third Quarter Report Attached is the Niagara Regional Housing (NRH) Third Quarter Report (July 1 - September 30, 2020) for review. RECOMMENDATION: For the Information of Council. NRH 3rd Qtr Report 2020 460 - 477 10.9. Request regarding Bill C-213 - The Canada Pharmacare Act Attached is correspondence from MPs from British Columbia requesting the City of Niagara Falls' endorsement of Bill C-213, the Canada Pharmacare Act. RECOMMENDATION: For Council's Consideration. Request regarding Bill C-213 - The Canada Pharmacare Act 478 - 481 Page 9 of 551 10.10. Flag-Raising Request - National Day of the Republic of Bulgaria The Consul General of the Republic of Bulgaria is requesting a flag - raising ceremony on Wednesday, March 3, 2021 to recognize National Day of the Republic of Bulgaria. RECOMMENDATION: For the Approval of Council. Flag-Raising Request - National Day of the Republic of Bulgaria 482 - 483 10.11. Niagara Falls Public Library - Report from Library Board Attached is a report to Mayor and Council from the Library Board regarding the reopening of library services during COVID-19 and year- end update. RECOMMENDATION: For the Information of Council. Niagara Falls Public Library – Reopening Library Services during COVID-19 (1) 484 - 492 10.12. Downtown Niagara Falls BIA Constitution Adoption by Council RECOMMENDATION: That Council approve the updated Constitution of the Niagara Falls Downtown Business Improvement Area. Letter to City of Niagara Falls - Consitution Adoption FINAL - Constitution of the NFBIA - 2020 493 - 503 10.13. Victoria Centre BIA - 2021 Budget Attached is the 2021 budget for the VCBIA. RECOMMENDATION: That Council approve the 2021 VCBIA Budget, with the Special Levy to the members be set at $0.00. Letter from Tim Parker of Victoria Centre BIA City Of NF. Budget Victoria Centre BIA 2021 504 - 507 10.14. Flag Raisings Christian Bell, a Niagara Falls resident, would like the opportunity to speak to Council on the issue of Flag Raisings at City Hall, particular to stop the practice. Attached is Christian Bell's correspondence relating to 508 - 510 Page 10 of 551 this request. RECOMMENDATION: For the Information of Council. Flag Raising A Call for Change 10.15. Correspondence from John Bacher Attached is correspondence from John Bacher regarding the proposed by-law 2020-124. RECOMMENDATION: For the Information of Council. Submission to Niagara Falls City Council Re Zoning By 511 - 513 10.16. Letter from Doug Birrell (NFCHA) to Minister MacLeod RECOMMENDATION: For the Information of Council. Letter to Honourable Lisa MacLeod Dec 7 514 11. RATIFICATION OF IN-CAMERA 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2020-117 - A by-law to authorize the payment of $47,800,509.30 for General Purposes. 10 - Municipal Accounts 201208 515 2020-118 - 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 DEC 8 By-law Enforcement Officers 516 - 517 2020-119 - A by-law to amend By-law No. 79-200 and By-law No. 1999- 30, to adjust the minimum landscaped open space regulation, to add site specific maximum height and maximum floor area regulations on the Lands (AM-2020-006). AM-2020-006 By-law 518 - 520 Page 11 of 551 AM-2020-006 Schedule 2020-120 - A by-law to designate Lot 1, Block 97 and Block 126, Plan 59M-271 to be deemed not to be within a registered plan of subdivision (DB-2020-010). DB-2020-010 By-law 521 2020-121 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 2 apartment dwellings containing a total of 27 dwelling units (AM-2020-008) and to repeal By-law No. 2008-050. AM-2020-008 By-law AM-2020-008 Schedule 522 - 524 2020-122 - A by-law to designate Lots 1, 2 and 3, Plan 85 to be deemed not to be within a registered plan of subdivision (DB-2020-008). DB-2020-008 By-law 525 2020-123 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for an apartment dwelling (AM-2020-012). AM-2020-012 By-law AM-2020-012 Schedule 526 - 528 2020-124 - A by-law to amend By-law No. 79-200, to regulate the Riverfront plan of subdivision on the lands and to rezone the area west of the subdivision DH and EPA (AM-2019-004). AM-2019-004 By-law AM-2019-004 Schedule 529 - 541 2020-125 - A by-law to designate Lot 8, Plan 160 to be deemed not to be within a registered plan of subdivision (DB-2020-009). DB-2020-009 By-law 542 2020-126 - A by-law to amend By-law No. 79-200, to permit the use of 543 - 545 Page 12 of 551 the Lands for 53 townhouse dwelling units and a semi-detached dwelling in accordance with an Order Issued by the Local Planning Appeal Tribunal (AM-2018-016). AM-2018-016 By-law (LPAT) AM-2018-016 Schedule 2020-127 - A by-law to designate Blocks 4 & 5, Registered Plan 59M- 474, not to be subject to part-lot control (PLC-2020-004). PLC-2020-004 By-law 546 2020-128 - A by-law to amend by-law 2006-48, being a by-law to provide for the collection of interim taxes and taxes from year to year and to remain in force until repealed. Collection of Taxes Bylaw Amendment 547 2020-129 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Speed Limits on Highways, Pedestrian Crossovers) December 8 - Rideau Street, Weinbrenner Road, Beck Road 548 - 549 2020-130 - A by-law to declare surplus, and, authorize the transfer of 5017 Victoria Avenue to Niagara Regional Housing. Declare 5017 Victoria Ave. as Surplus & Transfer of Lands 550 2020-131 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of December, 2020. 12 08 20 Confirming By-law 551 13. NEW BUSINESS 14. ADJOURNMENT Page 13 of 551 The City of Niagara Falls, Ontario Resolution December 8, 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 December 8th, 2020, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (c), and (d) of the Municipal Act: (2) A meeting or part of a meeting may be closed to the public if the subj ect matter being considered is; (b) personal matters about an identifiable individual; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation …; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; THEREFORE BE IT RESOLVED that on December 8th, 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 section 239 (2) (b) that are personal matters about an identifiable individual, as well as to consider matters that fall under section 239 (2) (c) of the Municipal Act for a proposed or pending acquisition or disposition of land by the municipality concerning the Chippawa Town Hall, the Military Museum and potential Municipal Operations Centre relocation. Council will also consider matters under section 239 (2) (d) of the Municipal Act for matters dealing with labour relations involving a bargaining update as well as section 239 (2) (e), litigation or potential litigation on an Interim Control By-law Appeal. Lastly, Council will consider a matter that falls under Page 14 of 551 section 239 (2) (f) for advice that is subject to solicitor-client privilege regarding Steel Rail Development. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 15 of 551 MINUTES City Council Meeting Tuesday, November 17, 2020 Council Chambers/Zoom App at 4:00 PM. COUNCIL PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Chambers) Councillor Wayne Campbell and Councillor Carolynn Ioannoni (Via Council Zoom) COUNCIL ABSENT: STAFF PRESENT: Bill Matson (Chambers) Ken Todd, Serge Felicetti, Alex Herlovitch, Carla Stout, Ed Lustig, Sam Valeo, Trent Dark, Tiffany Clark, Jim Boutilier, Kathy Moldenhauer, Erik Nickel, James Dowling, John Leavens, Heather Ruzylo (via Zoom) Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that Council enter into an In-Camera session. Carried Unanimously 2. CALL TO ORDER O Canada: Amalia Green (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of October 27, 2020 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that the minutes of October 27, 2020 be approved as recommended. Page 1 of 24 Page 16 of 551 City Council November 17, 2020 Carried Unanimously 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 Lori Lococo declared a conflict of interest to Item #9.1 (Downtown BIA Budget) and to Item #9.19 (Downtown BIA - Hiring Process) citing outstanding employment issues with spouse. b) Councillor Vince Kerrio indicated a conflict of interest to Item #9.10 - Letter from Niagara Falls Canada Hotel Association (NFCHA). c) Councillor Victor Pietrangelo indicated a conflict of interest to Item #9.6 - City of Niagara Falls Integrity Commissioner Annual Report and to CAO-2019-06 due to a personal conflict. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Hector Lapierre, Retired Platoon Chief at the Niagara Falls Fire Department. b) Mayor Diodati acknowledged exemplary service to Fire Chief Jim Boutilier • The Office of the Secretary to the Governor General has awarded the Exemplary Service Medal to Chief Jim Boutilier for 30 years of service to the City of Niagara Falls Fire Service. • On behalf of Members of Council, our CAO, Ken Todd, staff and your peers, congratulations to Chief Boutilier on this distinguished milestone in a long and prestigious career. c) Mayor Diodati acknowledged Councillor Wayne Thomson for attending the Black Military History of Niagara Traveling Exhibit Launch at the Armoury. d) Mayor Diodati discussed the following community events: Remembrance Day • Held on Wednesday, November 11, 2020 at 11:00 AM. • First ever virtual ceremony - held at the Fairview Cemetery. • Combined 2 community services of Chippawa and the City Service normally held at the Gale Centre in one observance. Page 2 of 24 Page 17 of 551 City Council November 17, 2020 • Special Fly-lover by Avro-Lancaster. • Also attended by Councillor Lori Lococo. Santa Claus Parade Drive Through & Weekend Events • Saturday, November 14th • More than 1000 people • Learned from our first ever drive-through parade • Also attended by Councillor Dabrowski • Official Tree Proclamation o Proclaimed the Blue Spruce Tree in front of City Hall, the City's Official Christmas tree. o Also lit it up for the Niagara Health Foundation's Celebration of Lights Campaign. • Diwali o Official lamp-lighting recognizing the start of Diwali. • Winter Festival of Lights o On until Sunday, January 10th. Costco Opening in Niagara Falls • Opened on Friday, November 13th, 2020. Sleep Cheap, Charities Reap • 17th Annual - on now. • Already raised more than $2 million for charity. • Modified this year / measures in place to ensure a safe stay. • Important to continue the tradition/ many charities facing challenges. Coming up: Niagara Falls Community Outreach Food Drive • Taking place Saturday, November 28, 2020 at Zehrs in Niagara Falls, from 8 AM - 4 PM. • All donations welcome! Arts and Culture Wall of Fame • Recognizing deserving recipients in the community. • Awards Ceremony will be broadcast on Your TV (Cogeco) and will be taking place this Saturday, November 21st. Annual Volunteer Awards • Will be held virtually this year. • Community Ceremony will be released online on December 5th. Page 3 of 24 Page 18 of 551 City Council November 17, 2020 • You can see them on the City's website and on social media. • An opportunity for groups and organizations to nominate deserving volunteers to be recognized by the community. • THANK YOU to all of our volunteers. e) The next Council meeting is scheduled for Tuesday, December 8th, 2020 at 4:00 PM. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Councillor Wayne Campbell's Notice of Motion, listed as Item #11.1 be moved up in the agenda to be discussed prior to Item #6.1, 2021 Capital Budget Presentation. Carried Unanimously 6. PRESENTATIONS 6.1. 2021 Capital Budget Presentation (2021 Capital Budget - Media - added) Tiffany Clark, Director of Finance and James Dowling, Manager of Capital Accounting, presented the 2021 Capital Budget. The 2021 Capital Budget presentation recommends the following: 1. That Council approve funding sources totaling $23,453,672 f or the pre-approved projects that contained recommendations for funding to be determined during the 2021 Capital Budget Process. 2. That Council approve the new budget expenditure requests of $24,648,268 with proposed funding totaling $24,648,268. 3. That Council approve the ordering of three (3) 40 foot buses in 2021 with payment and delivery of the buses to occur in 2022 for a total of $1,950,000. 4. That Council approve the ordering of one (1) Fire Tanker in 2021, to replacement Tanker 6, with payment and delivery of the tanker expected to occur in 2022 for a total of approximately $650,000. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the capital budget with the exception of those items that are using operating budget transferred funds and that staff report back with alternative options to fund these projects. Carried (Councillor Ioannoni and Councillor Lococo were opposed to the Page 4 of 24 Page 19 of 551 City Council November 17, 2020 vote). ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council approve recommendations #3 and #4. Carried Unanimously 7. REPORTS 7.1. F-2020-43 Potential Liability and Health Concerns for 5G Installations The report recommends for the information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Vince Kerrio that Council receive and file the report for information and to ask further follow-up questions to the City's insurer which would include: 1) Would the insurance company pay if found in favour of a Plaintiff? 2) Are there limits? 3) How does it compare to other awards for brain tumours? Furthermore, to request a letter that states that the insurance company would respond and defend and that they don't have exclusions for RF radiation harm. Carried Unanimously 7.2. MW-2020-25 (Report updated, Attachment #1 added, Attachment #2 - Budget sheet - updated) Clifton Hill Sidewalk Widening The report recommends the following: 1. That Council accept to the proposed sidewalk widening plan and Oakes Garden Theatre Garden Plaza Concept Plans submitted by the Clifton Hill BIA. 2. That Council approve the attached budget worksheet as submitted, including an allocation of $1,100,000 from external contributions (i.e. the Clifton Hill BIA). 3. That Council direct the City Treasurer to incorporate the reduction of the estimated $200,000 loss in parking revenues as part of the Page 5 of 24 Page 20 of 551 City Council November 17, 2020 2021 Budget Review process. 4. That the Mayor and Clerk be authorized to execute a cost-sharing agreement with the Clifton Hill BIA for their contribution to actual costs of construction of the sidewalk widening in the estimated amount of $1,100,000, re-payable over a five year term. 5. That Council direct Staff to apply for funding for this project under the ICIP COVID-19 Resilience Stream, and if successful, amend the cost-sharing agreement accordingly. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.3. PBD-2020-76 Potential Fortification By-law The report recommends that the Council of the City of Niagara Falls receive report PBD-2020-76 as information. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file Report PBD- 2020-76 - Potential Fortification By-law for information. Carried Unanimously 7.4. PBD-2020-77 26CD-11-2020-004 Approval of Draft Plan of Standard Condominium 6591 Montrose Road Applicant: Chris Lamb (Growth Social House Developments) Agent: Terrance Glover (Urban in Mind) The report recommends the following: 1. That the Plan of Standard Condominium be draft approved subject to the conditions in the attached 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; Page 6 of 24 Page 21 of 551 City Council November 17, 2020 3. That draft approval be given for three years, after which approval will lapse unless and 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 7.5. R&C-2020-17 Revised Municipal Alcohol Risk Management Policy The report recommends that Council approve the revisions to the Municipal Alcohol Risk Management Policy. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council approve the revisions to the Municipal Alcohol Risk Management Policy. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 7.6. TS-2020-26 Welland Street – Speed Control Review The report recommends the following: 1. That the speed control plan consisting of two (2) speed cushions on Welland Street between Banting Avenue and Oliver Street be approved; and, 2. The construction of the speed cushions on Welland Street is referred to the 2021 Capital Budget deliberations. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended Page 7 of 24 Page 22 of 551 City Council November 17, 2020 subject to funding options. Carried Unanimously 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-2020-47 Monthly Tax Receivables Report – October The report recommends that Council receive the Monthly Tax Receivables repot for information purposes. MW-2020-27 QEW Watermain Crossing Update The report recommends the following: 1. That Council grant Peter's Construction Group's request to restart the contract on April 1st 2021 with the understanding that all associated costs with delaying the project will be the sole responsibility of Peter's Construction group. 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. TS-2020-25 McGarry Drive – Speed Control Review The report recommends the following: 1. That the speed control plan consisting of three (3) speed cushions on McGarry Drive between St. Michael Avenue and Parkside Road be approved; and, 2. The construction of the speed cushions on McGarry Drive is referred to the 2021 Capital Budget deliberations. Page 8 of 24 Page 23 of 551 City Council November 17, 2020 TS-2020-28 Weinbrenner Road, east of Willoughby Drive Parking Review The report recommends that a "No Parking" restriction be established on the south side of Weinbrenner Road from Willoughby Drive to the eastern terminus of Weinbrenner Road, and include the entire turning basin. TS-2020-30 Rideau Street - Parking Control Review The report recommends the following: 1. That a No Stopping 8:00AM to 4:00PM, Monday to Friday, September 1st and June 30th restriction be established on the north side of Rideau Street between a point 38 metres east of Kalar Road and Pitton Road; and, 2. That a No Stopping 8:00AM to 4:00PM, Monday to Friday, September 1st and June 30th restriction be established on the south side of Rideau Street between a point 38 metres east of Kalar Road and a point 55 metres east. TS-2020-27 Weinbrenner Road – Speed Control Review The report recommends the following: 1. That the speed control plan consisting of two (2) speed cushions on Weinbrenner Road between Sodom Road and Campbell Avenue be approved; 2. That the three pedestrian crosswalks be upgraded to pedestrian crossovers; and, 3. The construction of the speed cushions on Weinbrenner Road between Sodom Road and Campbell Avenue be referred to the 2021 Capital Budget deliberations. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the reports are approved as recommended. Carried Unanimously Page 9 of 24 Page 24 of 551 City Council November 17, 2020 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Downtown BIA Budget (Letters from Downtown Businesses added and petition added) The Downtown BIA is submitting the 2021 operating budget for Council approval, along with a motion from the Board. RECOMMENDATION: For Council's Consideration and Approval. COUNCILLOR LORI LOCOCO left the meeting as she had declared a conflict of interest to this agenda item. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that Council allow Amanda MacDonald, Executive Director of Downtown BIA and Steve Ichelson, Principal, Vice- President, Operations of Avison Young to address Council. Carried Unanimously ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that Council approve the Downtown BIA Budget. Carried (Councillor Carolynn Ioannoni was opposed to vote and Councillor Lori Lococo declared a conflict). 9.2. Heavy Construction Association of Regional Niagara (HCARN) HCARN would like to express their concern to Council about a reduction in capital projects in the latter part of 2020 and to encourage local municipalities to complete their 2020 capital programs, while emphasizing the need for a continued commitment to municipal infrastructure works as Councils enter into budget deliberations for 2021. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). Page 10 of 24 Page 25 of 551 City Council November 17, 2020 9.3. Illicit Cannabis Resolution - Norfolk County Norfolk County Council is requesting solutions to the current cannabis crisis. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 9.4. Advocacy Letter to Premier Ford - Maintaining Public Support for Public Health Guidelines Mayor Rob Burton, City of Oakville, has sent an advocacy letter to Premier Ford to advocate for a targeted approach that is driven and backed by evidence in order to maintain public support for public health guidelines in place of a continued use of restrictions on a geographic or blanket basis. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 9.5. Dominion Niagara Holding Ltd, 4635 Queen Street The owners of 4635 Queen Street in Niagara Falls are asking for consideration in the removal of pre-qualification stipulations for the Commercial Building and Facade Improvement Grant and the Revitalization Grant Program, due to COVID-19. RECOMMENDATION: To Refer to Staff. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council refer this matter to staff. Page 11 of 24 Page 26 of 551 City Council November 17, 2020 Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 9.6. City of Niagara Falls Integrity Commissioner Annual Report In accordance with the terms of the Agreement between the City of Niagara Falls and ADR Chambers, ADR is providing the Annual Report for the first operating period of the agreement covering the period April 9, 2019 - April 8, 2020. RECOMMENDATION: For Council to receive the Integrity Commissioner Annual Report and that Council adopt the attached updated Code of Conduct to reflect the role of the Integrity Commissioner with respect to the Municipal Conflict of Interest Act. COUNCILLOR VICTOR PIETRANGELO LEFT THE MEETING AS HE DECLARED A CONFLICT OF INTEREST TO THIS MATTER. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive the Integrity Commissioner Annual Report and that Council adopt the attached updated Code of Conduct to reflect the role of the Integrity Commissioner with respect to the Municipal Conflict of Interest Act. Furthermore, that staff come back with an update with a further review of the Code of Conduct including how it compares to other municipalities. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict of interest). 9.7. Medical Cannabis Grow Operations - Public Safety Concerns Correspondence sent from Niagara Police Services Board and the Niagara Regional Police Services regarding medical cannabis safety concerns. 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 Page 12 of 24 Page 27 of 551 City Council November 17, 2020 9.8. Proclamation Request - Crime Stoppers of Niagara Crime Stoppers of Niagara is requesting the City of Niagara Falls to proclaim the month of January 2021 as "Crime Stoppers Month." RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the request to have the City of Niagara Falls proclaim the month of January 2021 as "Crime Stoppers Month." Carried Unanimously 9.9. Proposed Regulation under the Ontario Heritage Act (Bill 108) RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 9.10. Letter from Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director, Niagara Falls Canada Hotel Association. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Vince Kerrio declared a conflict of interest). 9.11. Flag-Raising Request - Lebanese Independence Day Mr. Greg Bostajian, the Consul from the Consulate of Lebanon in Toronto, is requesting a flag raising of the Lebanese flag in recognition Page 13 of 24 Page 28 of 551 City Council November 17, 2020 of Lebanese Independence Day on Saturday November 21st, 2020. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council approve the flag-raising request from the Consul from the Consulate of Lebanon in Toronto, in recognition of Lebanese Independence Day on Saturday, November 21, 2020. Carried Unanimously 9.12. MTO Owned Property at 5445 Kitchener Street, Niagara Falls Response from the Minister of Transportation (Steven McInnis, Director, Design and Engineering Branch) regarding the possible disposal of the ministry owned property located at 5445 Kitchener Street in Niagara Falls. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that staff communicate to the Minister of Transportation that the City of Niagara Falls show an expression of interest in the property and inquire as to whether or not they can start the process of declaring the land surplus. Carried Unanimously 9.13. Correspondence from Angela Peebles - Methodone Pharmacies At the will of Council, Angela Peebles requested to address Council on the subject of methadone clinics/pharmacies. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that Council allow Angela Peebles the opportunity to address Council. Carried Unanimously ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Page 14 of 24 Page 29 of 551 City Council November 17, 2020 Councillor Victor Pietrangelo that Council direct this matter to staff for a report including what the legal ramifications may be for the City to adopt a licensing by-law for methodone pharmacies. Carried Unanimously 9.14. Niagara HELPS - Niagara Homelessness Emergency Liaison & Peer Support Program At the will of Council, Dr. Hossain and/or support worker Scott Cronkwright are available to speak to Council about the Niagara HELPS program. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that Council allow support worker, Scott Cronkwright to speak to Council on this matter. Carried Unanimously ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Council receive the presentation for information and awareness. Carried Unanimously 9.15. City of St. Catharines – Resolution regarding the Development Approval Requirements for Landfills (Bill 197) The City of St. Catharines is requesting a motion of support be passed by respective Councils. RECOMMENDATION: That Council support the resolution. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council support the resolution. Carried Unanimously 9.16. The City of Belleville Resolution regarding Bill 218 and Resolution - City of Belleville regarding the Accessibility for Ontarian with Disabilities Act (AODA) - Website Funding Support for Municipalities. Page 15 of 24 Page 30 of 551 City Council November 17, 2020 RECOMMENDATION: That Council Support the City of Belleville’s resolution to keep the existing framework of the Municipal Elections Act and to receive and file the information pertaining to the City of Belleville's resolution (re: AODA). ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council Support the City of Belleville’s resolution to keep the existing framework of the Municipal Elections Act and to receive and file the information pertaining to the City of Belleville's resolution (re: AODA). Carried Unanimously 9.17. Niagara Regional Council Motion - Decriminalization of Personal Possession of Illicit Drugs Attached is correspondence respecting a resolution passed by Niagara Regional Council regarding the Decriminalization of Personal Possession of Illicit Drugs. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 9.18. Niagara Region's New Restrictions on Dining City Council is being asked to support a resolution to Dr. Hirji to immediately retract the order asking patrons to dine only with members of their household. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the Public Health Department step up inspections and enforcement of Provincial COVID-19 protocols for those in non-compliance under Provincial Orders, that compliance with the Provincial Framework be made the priority, and that Public Health 21 - 22 Page 16 of 24 Page 31 of 551 City Council November 17, 2020 immediately halt the directive of dining only with those in the same household, in order to avoid unnecessary business losses and casualties; and further that a copy of this resolution immediately be sent to all of the Members of Niagara Regional Council, Senior Staff at the Region of Niagara and all Local Area Municipalities. Carried Unanimously No.9 - Resolution re Section 22 of Ontario's Health and Promotion 9.19. Downtown BIA - Hiring Process of a Board Employee The attached letter from the Downtown BIA indicates they are seeking the recuperation of employment related expenses and fees. RECOMMENDATION: For the Information of Council. COUNCILLOR LORI LOCOCO left the meeting as she had declared a conflict of interest to this matter on the agenda. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that the matter be referred to staff for a report back to Council including legal advice. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 10. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive an offer to purchase 2.385 acres of land in the Montrose Business Park for a purchase price of $178,875.00 (2.385 acres @ $75,000 per acre). Carried Unanimously 11. MOTIONS 11.1. Notice of Motion - Councillor Wayne Campbell Councillor Campbell passed a motion regarding a State of Emergency on mental health, homelessness and addiction. 23 - 24 Page 17 of 24 Page 32 of 551 City Council November 17, 2020 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council allow Steven Soos to address Council. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that the City of Niagara Falls request the Niagara Region to declare a state of emergency on mental health, homelessness, and addiction; furthermore, the Niagara Regional Council, Niagara Region Public Health and Social Services, Premier of Ontario, the provincial Minister of Health, Minister of the Attorney General, Minister of Children, Community, and Social Services, the Minister of Municipal Affairs and Housing, and the Leader of the Official Opposition, as well as the Prime Minister of Canada, all regional municipalities and all local area municipalities within the Niagara Region be copied on this resolution. Carried Unanimously No.10 - Resolution re Niagara Region Declaring a State of Emergency on Mental Health, Homelessness and addiction 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2020- 112 - 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- 113 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited) 2020- 114 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking) 2020- 115 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) Page 18 of 24 Page 33 of 551 City Council November 17, 2020 2020- 116 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17th day of November, 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 13. NEW BUSINESS a) Poppy Project ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that a letter of gratitude be sent from the Mayor's Office to all of those involved with this year's poppy project display. Carried Unanimously b) Niagara Veterans Memorial Highway ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council direct staff to repurpose some of the funds not used for this year's Remembrance Day Ceremony to replace the Niagara Veterans Memorial Highway signs and have staff come back with recommendations on the new designs. Carried Unanimously c) City of Niagara Falls Sparkle Lighting Competition ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that residents in Niagara Falls be encouraged to decorate their homes for an annual Niagara Falls Sparkle Light Competition and to recognize those homes that participate and that the City budget $5000.00 towards this City-sponsored event. Carried Unanimously 14. ADJOURNMENT Page 19 of 24 Page 34 of 551 City Council November 17, 2020 a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 8:46 pm. Carried Unanimously Mayor City Clerk Page 20 of 24 Page 35 of 551 m::w \z/{\.::96»9 125Q?%ZmmmwwmE5.Oimlc w§:a..= zo.wzo<m:.._o¢«._.~.88 _<_o<mo_E:oo::o=_o_._<_=$m:m:m¢ m...,8=%._E:Oo::o=_o..<<m<:m._.:o3mo: <<:m_»m>m_:8.28:8wmomo:B2O:S1o.mImm_E_u8$o:o:mag_u_.o3o:o:>3 <<:m8Em>oH_:mzmmum?m_»m@mo:m__uc_u=oImm_EO39._<_ma_om_O38:OrIs.oamama Em»Em??msnmmamcmzmmadamEm:vmou_mmamo:_<mc_m823¢<sEEomm__<_:©E Em: EocmwsoaA9.Eommmwmm3_m_3Em:u:<m_om_o«32.6.:mm_Ex s=._m_»m>w._.:m033_<_mo__om_03029.Imm_EEQ_om6aEEm_m:mZommm_o:m_ Oo::o=_o_.m_Em,535»cmm3_u:mm_NmaEm.“onmaaoam9.:mm$:_.m:2mm8E_m:3m2m go :9$3,.8cm8w_oo:m_c_m812mo:o:mnqmmazo?SE3.2_m3m3Um«wo2:m3:30 2:0 mam3_mcm_:m:.mmn_o38aimE?mm?mc?ms?wM..._m. <<_._mmm>mmsqmsomEmmm:o<<:Em:Em3m_.o§<9.OO<_U-$nmmmm3z_mmmB:m<m:9 oooczmaEnmm?mcams?m? s=._mxm>m?mmiomso...__:_:m8E33Bmzémqmo:_<<<___:m<mmm<m62:m:o_m_339.3 o: amm?mimimmagWm:9oo:m_m.m3<<_E_u8<_:o.m_oamqmmsam:_o_m__:mm“ <<_._m_~m>mEw?cqm?mag_om_.ossmqm:m<mmums.mm_o:_.._om_.:m3o:_.:Q.3o:m<mag ammocqommonBmzzmEm:m3_u_o<mmmmagc83_mmmOO<_Ummwm“ <<_._mxm>mEm:92$020:B.353w<z_mmmBmmn_o:m__u:U=oImm_Emamso. ooammm?mi<<_E.u8<_:o_m_c:Em__:mm__mm&:o8oo:Em_o:m3o:@w#ccm_:mmwmoaomm zwmmmqm.>m:oc:o3_<mS:%_Em.u8<_:omm_OO<_U-3.._.m3m<<o2AEom>zom_m<m_ qmwionmEzma3Ao::m_.mum?32¢mzaEm_»mm_o:m__<_ma_om_03099.Imm_E_woamw .3328Em»so308Em:m_omo_o_mummmm?oam»mSE9 s=._mmm>m3m:<:omu:m_:<EozamqmmamE5onman2:m:o_m__<m=:mm_Eo.m_o:©<<_E ccwimmmossmam.3E_m8.5::mag <<:m_~m>m.Em:om_o:m_:<:a:m:<q_8o»_<mooocim*239°2m___.o_um3z?mma: H Page 21 of 24Page 36 of 551 <<_._mmm>mmmo:~m<m_2_.mmEo:o:mEmmqm<mm$::mB3=._om:o:m313mnmogm<<o2»_:u 3 EmmaEacmimm? <<_._mmm>mEmmmzwmiozozm§__3&8Em_u3Em3éoamU<a1<_:m_omo_o_m8mmEm=E 8 mzcmzosm<<:m8soooamo?:mo_:o_mm::_Nm:o:.?mowoo<m::mmowu:<m_om_Em?zoin _m mio?omgw <<_._mmm>mUcmimwmmmmagccmimmwzwmqmqm558:2oozmczmao:Emcmm?E80205“ <<:mmm>m3m:<oEw1<_omm9.ccmimmmmwmamm__o<<E©m_m::_om3_<308_omov_m38 Em:mm»mc__m:3m2mEmmm?<<m$ <<_._mmm>mEamvvaomo:9%..<<O_._AE_umm_mag::3.om8ooszscma8mmomgmw <<:mxm>mEm_.m_m:om<Em:o¢Em»E_mgem9.Bwmmcwm<<_=_3u8<mvcczommmman <<:mmm>mamm?mc?ms?mm6308Em:Em?mmzzmmag%:_%uc_momm_Em<.$_o_momm8 om_mcS8magm:_.o<__m3=<magEosqmman.mamms=:moE_Um:o3:m..m_o1o94or: ao33c:Emm. azmmmmowmmm_._. _»mmo_.<moEm:Em35:0Imm_EUmvm:3m:.HmnmvccEmumozozm magm3.o8m3m3Q._u8<Eomm_OO<_D-3v8.8oo_m*9EommE:o:-ao3v__m:omSam“ _U..O<_:O_m:039.9Em»oo3u__m:om<<_EEm_u8<_:._ _uB3m<<oEcm26%EmU101?mag Em»_u§__oImm_E_33mQ_m8_<Em:Em.a:mom<mo?alsoo:_<<<_EEommEEmmm3m :ocmm:o_a.3oamq8m<oE:::mowmmm_.<ccmimmw_ommmmman.nmmcmammw >20mcmaxmmEm»moov<9"Emm_1mmo_c:o:_33mQ_m$_<Umwmi6m__o?Em_<_m3cm«m 9. 25%.,»mmm_o:m_Oo::o___mmaoqma:2Emwage...2zmmmmqmman.m:_.oom_>8m _<_::_o:um..mm. >20._.:mmmm_caEmoozoonmmosam32.20m?xwu. <<=._._>_<_Q._<_>._.mOZ._>_<_mm_<_._u_oo>: O_._.<ormmx_<_><O_..~Page 22 of 24Page 37 of 551 1 The City of Niagara Falls, Ontario Resolution No. 10 November 17,2020 Moved by: Councillor Wayne Campbell Seconded by: Councillor Victor Pietrangelo WHEREAS According to the Province of Ontario Emergency Response Plan (2008), Canadian municipalities are free to declare states of emergencies in response to “any situation or impending situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property.” WHEREAS Approximately 625 residents- including 144 children in Niagara, were counted as homeless (March 2018), with shelter occupancy operating at 109.4 percent capacity WHEREAS Niagara EMS reported 335 suspected opiate overdoses (Jan-June 2019). WHEREAS Some Niagara-area municipalities have had services such as mental health removed from their Hospitals, and whereas Niagara is severely lacking in mental health and addiction services THEREFORE BE IT RESOLVED that the City of Niagara Falls request the Niagara Region to declare a state of emergency on mental health, homelessness, and addiction. FURTHERMORE, the Niagara Regional Council, Niagara Region Public Health and Social Services, Premier of Ontario, the provincial Minister of Health, Minister of the Attorney General, Minister of Children, Community, and Social Services, the Minister of Municipal Affairs and Housing, and the Leader of the Official Opposition, as well as the Prime Minister of Canada, all regional municipalities and all local area municipalities within the Niagara Region be copied on this resolution.” AND The Seal of the Corporation be hereto affixed. CARRIED __________________ _________________ WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 23 of 24 Page 38 of 551 2 Page 24 of 24 Page 39 of 551 PBD-2020-83 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-83 Cannabis Operations SGL Planning & Design Inc. Study Presentation RECOMMENDATION It is recommended that Council receive the Consultant’s presentation and direct the preparation of amendments to the Official Plan, Zoning By-law and Site Plan Control By- law. BACKGROUND The City hired SGL Planning & Design Inc. to study the possibility of creating land use planning policies and regulations regarding the cultivation and processing of cannabis for recreational purposes. The Study involved the review of licencing and examined the Provincial Policy Statement and relevant legislation. The Consultants also investigated “best practices” from 16 municipalities to help assess what is working and which could inform Council’s direction, moving forward. The Consultants also looked at other planning tools, such as Site Plan Control as a mechanism to regulate cannabis operations and facilities. The consultants have completed the first phase of the Study and have submitted a background report. In accordance with the Terms of Reference for the Study , the Consultants completed a public consultation exercise which included an on-line survey of public opinion and a virtual Open House meeting with 43 registered speakers and many more observers. The Consultants are prepared to present their first phase f indings and public input. The Study outlines 6 options as to where cannabis may be grown and/or processed. Each option carries pros and cons regarding cultivation and processing of cannabis. The options are summarized as: Permit indoor cultivation of cannabis in Agricultural areas by amending zoning by- laws to permit the use inside buildings and structures; Do not permit indoor cultivation of cannabis in Agricultural areas by “removing” permissions in the Official Plan and zoning by-laws; Permit outdoor cultivation of cannabis in Agricultural areas be amending the zoning by-laws for as-of-right uses; Do not permit outdoor cultivation of cannabis in Agricultural areas by restricting outdoor cultivation in zoning by-laws; Permit cannabis related uses in Employment (industrial) Areas by amending the zoning by-laws; Do not permit cannabis related uses (processing, packaging, testing, production) in Employment areas. Page 40 of 551 2 PBD-2020-83 December 8, 2020 In addition to regulating which zones cannabis may be grown or processed, as well as, determining whether operations should be indoors, outdoors or both, the Consultants found that distance separations have been used in other municipalities to lessen the impact on surrounding land uses. The most common separation distance used was 150 metres (492 feet), but was as low as 50 metres (164 feet) and as great as 600 metres (1968 feet) depending on the municipality and situation. Many municipalities also used Site Plan Control to regulate operations. Site Plan Control can be used to regulate light levels, drainage, driveways, outside storage, fencing and waste containment. The cultivation of cannabis and processing of cannabis has been met with consternation by many and seen as an economic boon by others. The on-line survey results give some indication of public opinion. Of the 342 (adjusted) submissions received by November 20, 2020, 57% of the respondents thought cannabis should not be permitted indoors in agricultural areas while 37% supported indoor cannabis operations. For industrial areas, 45% of respondents thought cannabis should be permitted indoors, while 26.6% were opposed to indoor industrial cannabis operations; the balance were undecided. Only 10% of respondents were in favour of the 150 metres separation distance compared to 64% thought another separation distance should be used. A total of 72% of respondents felt a Site Plan Agreement should be used for cannabis facilities while 19% did not. Other comments received identified a need for requirements to govern: fencing, signage, parking, loading, outdoor storage and a dwelling on the same lot. NEXT STEPS The next steps are for the Consultant to develop recommendations and prepare amendments to the Official Plan, Zoning By-laws and Site Plan Control By-law to implement the recommendations. Following the presentation of draft amendment documents, staff would advertise the statutory public meeting under the Planning Act and bring the documents forward for adoption/passing. LIST OF ATTACHMENTS Cannabis Growing Facilities – Land Use Review, November 2020. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd S:\PDR\2020\PBD-2020-83, SGL Cannabis Study Presentation.docx Page 41 of 551 Prepared by: SGL Planning & Design December 2020 City of Niagara Falls Cannabis Growing Facilities Land Use Review DRAFT Page 42 of 551 Page 43 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 i Table of Contents 1 Introduction ............................................................................................................... 1 2 Cannabis Production in Canada ................................................................................ 2 2.1 Legal Framework of Cannabis Production in Canada ....................................... 2 2.2 Cannabis Act and Regulations .......................................................................... 4 2.3 Other Acts and Policy ........................................................................................ 6 3 Niagara Falls Planning Framework ........................................................................... 8 3.1 Official Plan ........................................................................................................ 8 3.2 Zoning By-laws ................................................................................................ 11 3.3 Existing Facilities ............................................................................................. 14 3.4 Site Plan Control .............................................................................................. 16 4 Best Practice Review .............................................................................................. 17 4.1 Summary of Best Practice Review................................................................... 17 5 Options .................................................................................................................... 31 5.1 Permitting the Use ........................................................................................... 31 5.2 Regulating the Use .......................................................................................... 36 5.3 Implementing Changes .................................................................................... 40 5.4 Summary Discussion ....................................................................................... 42 6 Summary of Public Comments ................................................................................ 43 6.1 Public Open House and Written Comments .................................................... 43 6.2 Survey Results ................................................................................................. 45 7 Next Steps ............................................................................................................... 51 Page 44 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 1 1 Introduction The Cannabis Act came into effect in October 2018. It had the effect of legalizing the production, sale and use of cannabis for recreational purposes in Canada. Currently, cannabis and its related uses are not addressed in the Niagara Falls Official Plan. Production of cannabis is addressed in Zoning by-law No. 79-200 which applies to Chippawa and the lands north of the Welland River, but only in the context of production for medical purposes. With the change in legislation, cannabis production is now permitted for commercial growth for both medical and recreational purposes, and as such, the existing zoning by-law provisions no longer capture the full range of legal uses. The purpose of this Study is to examine the opportunities for the City of Niagara Falls to regulate activities permitted under the Cannabis Act. The purpose is also to assess and recommend changes to the Official Plan and/or Zoning By-law, as needed, to regulate cannabis production as a land use. Section 2 of this report discusses the relevant Acts and policies related to cannabis production in Canada and Ontario. Section 3 describes the current Niagara Falls planning framework as it relates to cannabis production. Section 4 outlines the study’s best practice review of current standards and policies from other municipalities. Section 5 of this report provides an overview of policy options for Niagara Fall’s consideration. Page 45 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 2 2 Cannabis Production in Canada 2.1 Legal Framework of Cannabis Production in Canada Prior to the introduction of the Cannabis Act, cannabis was an illegal substance and only permitted to be grown and sold for medical purposes. There were rules in place for the personal growth and consumption of medical cannabis, as well as rules for the commercial growth, processing and sale of cannabis for medical purposes. With the introduction of the Cannabis Act, the consumption of cannabis for non-medical purposes became legal. This is sometimes referred to as “recreational” cannabis, as opposed to “medical” cannabis. With this legalization, came a new permission framework for cannabis production and distribution, which is generally described in this section. The Cannabis Act permits the commercial growth of cannabis by licence holders in Canada. There are a number of licences which can be applied for: o Cultivation, o Processing, o Analytical Testing, o Sale, o Research, and o Cannabis Drug Licence. Cultivation licences are broken down into 3 classes: o Micro-cultivation (surface area of cannabis less than 200 m2), o Standard cultivation, and o Nursery. The federal licences do not permit sales to the general public, rather only sale of medical cannabis, through the mail and not in a store format. Figure 1 provides a summary of the types of licences that can be applied for under the Cannabis Act. Page 46 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 3 Figure 1: Types of licences Under the Cannabis Act Source: Cannabis Licencing Application Guide (Government of Canada) The sale of recreational cannabis to the public is regulated at the Provincial level. In Ontario, recreational cannabis can either be purchased from the online Ontario Cannabis Store or from privately-run authorized dealers in a retail store format. The privately-run authorized dealers in Ontario are licenced by the Alcohol and Gaming Commission of Ontario (AGCO) and, at the beginning of 2019, municipalities in Ontario had a one-time chance to opt out of having cannabis retail stores in their municipality. The City of Niagara Falls has chosen to allow retail sales of recreational cannabis within the City and did not opt out. According to the City’s website, the definitions within the Official Plan and Zoning By-law are applicable to all retail, including cannabis retail stores. While retail sale of cannabis from a provincially licensed store is legal and is a Page 47 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 4 permitted use in Zones where retail uses are permitted, this Study does not consider the sale of cannabis in retail stores, as the focus of this Study is production. The Cannabis Act also permits, without a licence, personal growth of cannabis, with a permission for up to 4 plants per dwelling. Personal growth of cannabis within a household falls outside of the scope of this Study. The focus of this study and report is the consideration of land use permissions related to commercial growth, processing, analysing and medical sales of cannabis regulated under the Cannabis Act. These are broadly referred to as “cannabis-related uses” in the report. 2.2 Cannabis Act and Regulations 2.2.1 Licenced Facilities The Federal Government released both the Cannabis Act and Cannabis Regulations. Under the Act, someone may not “cultivate, propagate or harvest any cannabis plant at a place that is not their dwelling-house or to offer to do so” (Part 1, Section 12 (6) of the Act). Thus, there is no legal permission for cannabis growth outside of a home for personal use if not in a licenced facility/area. The Act also permits licences issued under the previous Access to Cannabis for Medical Purposes Regulations to continue under the Cannabis Act. The Cannabis Regulations set out a number of requirements related to land use as follows: • Prior to an individual submitting an application for a licence for cultivation, processing or sale, the applicant must notify the local government, the local fire authority and the local police force. The notice must contain a number of elements, including the address, and if applicable, the buildings where the cannabis related activities will be conducted. The notice must be addressed to a senior official at the local government (i.e. the City of Niagara Falls) (Part 2 (Licensing) Section 7). A licence holder must also notify the local municipality if the licence is granted, suspended, revoked, reinstated or amended; (Part 2, Section 35 (1), and Part 2 Section 34 (1, 2 and 3)) • A licence holder is required to notify the Minister of any changes to a site plan within 5 days of these occurring, except if the changes relate to meeting the required security measures, in which case, the Minister must be notified in advance (Part 2, Section 24 (1)). Page 48 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 5 Location of uses • No activity authorized by a licence can take place in a dwelling. (By Part 2, Section 40) • Only cultivation, propagation and harvesting may occur outdoors while testing, storage, packaging and labeling of cannabis cannot occur outdoors. (B Part 2, Section 41) Security • The site must be designed in a manner that prevents unauthorized access. (Part 4, Section 63) • The perimeter must be monitored by a visual recording devise capable of recording any unauthorized access attempt, must have an intrusion detection system to detect intrusions at all times and this system must be monitored at all times. (Part 4, Sections 64,65) • Operation and storage areas are to be designed with a physical barrier to only permit access to those individuals who require access to perform their work and these areas are to be monitored by a visual recording device. The entrance and exits to the growth area must also be monitored by a visual recording device. Operation and storage areas must also have an intrusion and movement detections systems. For growing areas, intrusion into but not movement within needs to be monitored. (Part 4, Sections 68 and 69, 70(2)) • The security measures for micro-cultivation, micro processing and nurseries are somewhat less stringent, requiring only physical barriers to the site and storage areas. (Part 4, Section 75) Air filtration • There must be an air filtration system that prevents the escape of odors from any building where cannabis is produced, packaged, labelled and stored. This requirement applies to both standard cultivation and micro-cultivation. 2.2.2 Personal Medical Growth In addition to the above permitted means of cannabis cultivation, the Access to Cannabis for Medical Purposes Regulations (ACMPR) allow individuals, or their designated growers, to register to produce a specific amount of cannabis for their own medical purposes as prescribed by their health care practitioner. Persons who have obtained a registration certificate from Health Canada may grow the number of plants allowed to fulfill their medical needs as prescribed. In the case of production for medical purposes, an individual can possess up to a 30 day supply of the dose recommended by their health care practitioner. Production is allowed both indoors and outdoors at the Page 49 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 6 registered person’s place of residence, land owned by the registered person or land owned by another with authorization from the owner. If production is occurring outdoors, the boundary of the land where a person is authorized to produce cannot have any points in common with the boundary of a school, public playground, daycare facility or other public place frequented mainly by persons under 18 years of age. Health Canada’s website clearly states that holders of registration certificates “are also expected to comply with all relevant provincial/territorial and municipal laws including local by-laws about zoning, electrical safety, fire safety, together with all related inspection and remediation requirements (emphasis added).” An individual may grow for medical purposes for up to two people, either themselves and one other person or for two other people. Medical growth for up to four people can occur in one location, if two people who are designated to grow for others pair up and grow in one co-location. Such a clustering of designated growth for medical cannabis can raise odour and concerns. 2.3 Other Acts and Policy 2.3.1 Farming and Food Production Protection Act, 1998 The Farming and Food Production Protection Act in Ontario is an Act that serves to protect the agricultural use of land. Under the Act, the term “agricultural operation” is defined to include: “the production of agricultural crops, greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, tree and turf grass, and any additional agricultural crops prescribed by the Minister” and “the processing by a farmer of the products produced primarily from the farmer’s agricultural operation; From these definitions, as well as from personal communication with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), the cultivation of cannabis, as well as the processing of the same, where legal through the licencing process, appears to be captured in the definition of agricultural operation. Under section 6 of the Act, the Act states, “No municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation.” Page 50 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 7 Accordingly, any restriction on the cultivation of cannabis may need to stand up to the test of whether “normal farm practices”, as defined, have been restricted. 2.3.2 Provincial Policy Statement, 2014 The Provincial Policy Statement (PPS), which provides direction for planning in Ontario, supports the viability of rural areas and agricultural uses in municipalities and seeks to balance economic growth and prosperity. Policy 1.1.4.1 states in part that healthy, integrated and viable rural areas should be supported by: • promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; and • providing opportunities for economic activities in prime agricultural areas. Section 2.3 of the PPS contains policies applying to agricultural areas. Section 2.3.1 states that prime agricultural areas shall be protected for long-term agricultural use. Policy 2.3.3.1 states that agricultural uses, agriculture-related uses and on-farm diversified uses are permitted in prime agricultural areas, and that proposed uses are to be compatible with, and shall not hinder, surrounding agricultural operations. According to Policy 2.3.3.2, in accordance with provincial standards, all types, sizes and intensities of agricultural uses and farm practices shall be promoted in prime agricultural areas. The PPS provides the following definition for ‘agricultural use’: “the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment”. The PPS defines ‘on-farm diversified uses’ as the following: “uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products.” Page 51 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 8 3 Niagara Falls Planning Framework This section examines the current policy and zoning permissions related to Cannabis production in Niagara Falls. 3.1 Official Plan The Niagara Falls Official Plan does not make any direct reference to marihuana/marijuana, cannabis nor cannabis facilities. Figure 2 illustrates the City’s land use designations, which highlights the locations of Niagara Falls’ agricultural and industrial areas. 3.1.1 Good General Agriculture Area The policies for the Good General Agriculture area are outlined in Part 2 Section 7 of the Niagara Falls Official Plan. The intent of the Official Plan policies are to protect the continuation of farming operations by permitting a range of agricultural uses and related uses that support and enhance the agricultural industry. It is also the intent of the Plan to restrict the establishment of non-farm uses and minimize land use conflicts in favour of agriculture wherever possible. According to the Official Plan, the predominant use of land in the Good General Agriculture Area will be for agriculture of all types, which include, among others: • Crop farming; • Nurseries and intensive greenhouses; • Agricultural value retention uses (Section 7.1, in part). Section 7.2.2 of the Plan addresses value added uses, which include “small scale uses related to the current on-site farming activity or surrounding farm operations that support farming and adds value to the agricultural products through processing, sales or distribution involving: • production i.e. the processing of agricultural products such as wineries, cideries, canneries, bakeries, cheese, abattoirs; or • marketing i.e. methods of increasing sales of raw and/or processed farm products such as road side stands, farm markets, limited retail sales of items that implement the farm products, or agri-tourism; or • support i.e. uses that provide for day to day farming such as: machinery repair, seed supplies and other uses that are not appropriate for urban areas” Page 52 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 9 Figure 2. City of Niagara Falls Future Land Use Official Plan Map Page 53 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 10 According to this Section, “value added uses are to remain secondary to the principal farm activity and operated on behalf of the individual and/or corporation farming the lands and will be permitted as-of-right through the City’s Zoning By-law”. Uses that either exceed the Zoning By-law’s maximum size provisions, or pose a potential conflict on off-site traffic or normal farming operation, water and effluent usage, or impacts on utilities or infrastructure, are subject to site specific Planning Act amendments. The amendment will be evaluated based on the following criteria: • “the appropriateness of the use for the agricultural area and its requirement to be located close to the agricultural use of the property it is intended to support and complement; • compatibility with existing and future farm operations both on and adjacent to the property; • the appropriateness of scale with regards to lot size and farming activity; • consistency with and maintenance of the character of the agricultural area; and • acceptable mitigation of off-site conflicts.” According to Section 7.3, “farm related small-scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the farm operations which they serve and if not possible to locate these uses within the designated Urban Area”. These uses are to be located where there is minimal impact on adjacent uses and will be implemented through a site specific zoning amendment, in order to establish site design details and floor space area limits. 3.1.2 Industrial Area Policies for the Industrial Area designation are outlined within Part 2 Section 8 of the Official Plan. According to this section, “the intent of the Industrial Area is to provide opportunities for the expansion of existing industry and the stimulation of new industrial growth”. The Plan recognizes the need to accommodate the changing requirements of industry growth, and places emphasis on improved aesthetics and environmental quality. This includes measures “which will safeguard the integrity of adjacent land uses”. The primary uses within the Industrial designation will be for industry. The Official plan defines industry as: “manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laboratory and research, and storage” (Part 2, Section 8.2). According to the Plan, “all forms of service industries and utilities are included within this definition”. Section 8.3 of the Plan states that the Zoning By-law will establish categories of industrial land use to accommodate a variety of activities, ranging from heavy to Page 54 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 11 prestige. These zones will be arranged in graduation, with lighter prestige-type industries located closer to sensitive land uses. This zoning will have regard for providing suitable environments for the use; minimizing potential land use conflicts; and protecting adjacent lands, particularly residential areas, from the effects of incompatible uses. 3.2 Zoning By-laws The City of Niagara Falls has four different Zoning By-laws that apply to different areas of the municipality: Zoning By-law No. 79-200; Zoning By-law No. 395 (1966); Zoning By-law No. 1538; and Zoning By-law No. 70-69. While the City is currently working on a new Comprehensive Zoning By-law to replace the four existing by-laws, the following review addresses the four individual by-laws and their current regulations. 3.2.1 Zoning By-law No. 79-200 Zoning By-law 79-200 applies to Chippawa and the lands north of the Welland River. Niagara Falls Zoning By-law 79-200 currently defines ‘medical marihuana facility’ as: “the use of a building or lot for the cultivation, processing, testing, destruction, packaging or shipping of medical marijuana licensed under the Marijuana for Medical Purposes Regulations (S.O.R. 2013-119 as amended from time to time), promulgated pursuant to the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time”. It is noted that since the writing of this by-law, the Marijuana for Medical Purposes Regulations was replaced by the Access to Cannabis for Medical Purposes Regulations, and is now covered under the Cannabis Act. The By-law also provides a definition for ‘sensitive land use’, which means: “any use that may be adversely affected by the proximity of a Medical Marijuana Facility including, without limiting, the generality of the foregoing, residential uses, campgrounds, child care facilities, playgrounds, schools, parks and institutional uses”. Medical marihuana facilities are only directly addressed once within the by-law, under Section 4 – General Provisions. According to Section 4.35, “when considering any application to permit a Medical Marihuana Facility, Council shall among other things, consider the proximity of the proposed location of the Medical Marijuana Facility to any and all Sensitive Land Uses”. Page 55 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 12 3.2.1.1 Agricultural Zone Regulations for the Agricultural Zone (A) are addressed in Section 12 of the Zoning By- law. Within this zone, agricultural uses are permitted which include, among others: the growing of field, berry, bush or tree crops; and commercial greenhouses. Accessory buildings and structures which are accessory to any of the permitted uses are also permitted, including storage buildings. The following are the building and structure requirements for all development within the Agricultural Zone, excluding dwelling unit regulations: Minimum Lot Area 16 hectares Minimum lot frontage 150 metres Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 (specifying Road Allowance Requirements for Specific Roads) Minimum side yard width, each side 10 metres plus any applicable distance specified in section 4.27.1 (specifying Road Allowance Requirements for Specific Roads) Minimum rear yard depth 10 metres plus any applicable distance specified in section 4.27.1 (specifying Road Allowance Requirements for Specific Roads) Parking and access requirements In accordance with Section 4.19.1 3.2.1.2 Rural Zone The Rural Zone (R) is addressed in Section 13 of the by-law, which among other uses, permits all agricultural uses as outlined within the Agricultural Zone. According to the by-law, all of the regulations for the agricultural uses, buildings or structures in the Agricultural Zone shall also apply to those permitted within the Rural Zone. 3.2.1.3 Industrial Zones Industrial Zones within Section 10 of the Zoning By-law consist of Prestige Industrial (PI), Light Industrial (LI), General Industrial (GI), Heavy Industrial (HI), Transportation- Distribution Industrial (TDI), and Extractive Industrial (EI). While these zones do not specifically permit agricultural uses, the Prestige Industrial and Light Industrial Zones permit a nursery for trees, shrubs, or plants. These two zones also permit: “manufacturing, compounding, processing, packaging, crafting, bottling, assembling of raw or semi-processed materials, and further provided that no such use is dangerous, obnoxious or offensive by reason of the presence, Page 56 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 13 emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water-carried waste”. The General Industrial and Heavy Industrial Zones permit “manufacturing, compounding, processing, packaging, crafting, bottling, assembling of raw or semi- processed or fully processed materials”. The Transportation-Distribution Industrial and Extractive Industrial Zones do not permit any manufacturing or agricultural uses that would relate to the production of cannabis or cannabis related uses. The following are the building and structure requirements applicable to the Prestige Industrial, Light Industrial General Industrial and Heavy Industrial Zones: Regulation Prestige, Light, General and Heavy Industrial Zones Minimum Lot Frontage 30 metres Minimum Lot Area 2000 m2 (Prestige and Light Industrial) 4000 m2 (Heavy and General Industrial) Minimum Front Yard Depth 10 metres plus any applicable distance specified in section 4.27.1 Minimum Interior Side Yard Width 3.5 metres Minimum Exterior Side Yard Width 7.5 metres plus any applicable distance specified in section 4.27.1 Minimum Rear Yard Depth 7.5 metres plus any applicable distance specified in section 4.27.1 (Heavy Industrial) Where the Rear Lot Line Abuts a Residential Zone 15 metres plus any applicable distance specified in section 4.27.1(Prestige and Light Industrial) 30 metres plus any applicable distance specified in section 4.27.1 (General Industrial) Where the Rear Lot Line Does Not Abut a Residential Zone 7.5 metres plus any applicable distance specified in section 4.27.1 (Prestige, Light and General Industrial) Maximum Height of a Building or Structure 12 metres subject to section 4.7(Prestige and Light Industrial) 20 metres subject to section 4.7 (General Industrial) 30 metres subject to section 4.7 (Heavy Industrial) Minimum Height of Exterior Walls The minimum vertical height of each exterior wall of any such building or structure shall be 2.5 metres above the elevation of the finished ground level at the mid-point of the wall in question. In the Heavy Industrial Zone this regulation does not apply to structures such as storage tanks or Page 57 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 14 buildings used for bulk storage or non-flammable solids or liquids. Maximum Lot Coverage 60% (Prestige Industrial) 70% (Light, General and Heavy Industrial) Minimum Landscaped Open Space For an Interior Lot 67% of the required front yard (Light and Prestige Industrial) 50% of the required front yard (Heavy and General Industrial) For a Corner Lot 67% of the required front yard and 67% of the required exterior side yard (Light and Prestige Industrial) 50% of the required front yard and 50% of the required exterior side yard (Heavy and General Industrial) Parking and Access Requirements In accordance with Section 4.19.1 Loading Area Requirements In accordance with Section 4.20.1 3.3 Existing Facilities To date, only one property within the City has received approval for site specific zoning by-law amendment to permit a medical marijuana business, which was passed in 2017. By-law 2017-83 added a medical marihuana facility as a permitted use within the General Industrial Zone. The facility is located within the Stanley Avenue Industrial Park, south of Marineland Parkway. 3.3.1 Zoning By-law No. 395 (1996) The portion of the City previously part of Willoughby Township is regulated by Zoning By-law No. 395 (1966). 3.3.1.1 Rural Zone The uses permitted in the Rural Zone of the Township of Willoughby include agricultural uses, which among others, include: • Field crops; • Tree nurseries; • Berry or bush crops; and • “Other similar uses customarily carried on in the field of agriculture”. The applicable requirements for the Rural Zone are as follows: Page 58 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 15 Site or Lot Area Minimum Holding 1 acre Minimum Frontage on a Public Street 200 feet Maximum Height 35 feet Minimum Building Setback – All Roads 68 feet from centre line of road allowance Minimum Rear Yard 30 feet Minimum Side Yard 15 feet 3.3.1.2 Industrial Zone Uses permitted within the Industrial Zone include industrial uses, which shall include “those manufacturing, converting, altering, finishing, fabricating or assembling of products establishments which do not emit obnoxious sound, odour, dust, fumes, vibration or smoke and which are not hazardous to the surrounding uses”. This section also provides a list of heavy industrial uses that may only be permitted by specific amendment, which includes “any use which is conducted so as to cause or result in the dissemination of noise, vibration, odour, dust, smoke, gas or fumes, or other pollutant beyond the lot on which such use is conducted”. The applicable requirements for the Industrial Zone are as follows: Maximum Lot Coverage 30% of any lot or parcel of land Minimum Front Yard 40 feet from a public highway, street or road boundary (with street specific exceptions) Minimum Side Yard 15 feet from any side boundary line of the lot or parcel on which the building is situated 30 feet where a side lot line is a boundary between an Industrial Zone and a Residential Yard, additionally requiring a minimum four foot, maximum six foot bufferstrip and/or a close boarded fence, or suitable alternative Minimum Rear Yard 25 feet from any rear boundary line of the lot or parcel on which the building is situated 40 feet where a rear lot line is a boundary between the Industrial Zone and Residential Zone, additionally requiring a suitable bufferstrip, fence or alternative Loading Facilities Any building or structure used for manufacturing, storage or commercial purposes, or any purpose involving the use of vehicles for the receipt or distribution of materials shall provide and maintain loading areas on land that is not part of a highway and not part of the required parking in Page 59 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 16 such a manner and to such extent as to render unnecessary obstruction of, or interference with, traffic upon any street or alley Open Storage Open storage other than temporary parking vehicles shall not be permitted in any front or side yard 3.3.2 Zoning By-law No. 1538 (1958) The former area of Crowland Township is regulated by Zoning By-law No. 1538 (1958). The by-law currently permits general agricultural uses within the Rural Agricultural District; light manufacturing uses within the Storage and Light Manufacturing District; and heavy manufacturing uses within the Yard Storage and Heavy Manufacturing District. 3.3.3 Zoning By-law No. 70-69 Zoning By-law No. 70-69 applies to the Humberstone area. It does not categorize any areas into zones. According to this by-law, nothing shall apply to prevent any land from being used for any agricultural purpose and residence associated with that use, provided: • there is a minimum lot size of 25 acres; • there are minimum front, side and rear yards of 25 feet; and • where a farm building abuts a neighbouring residential use, that buildings will be set back a minimum distance of 100 feet. 3.4 Site Plan Control According to the Official Plan, Part 4 Section 10, all of the area of the City shall be a site plan control area. According to the Official Plan, “it is intended that all classes of development including but not limited to Residential, Commercial, Industrial, Institutional and Open Space, shall be subject to site plan control”. However, the Official Plan references that the following may be exempted from the provisions of the site plan control by-law: “Any farm operation, with the exception of agri-tourism uses, commercial farm markets, permanent or mobile farm help houses and greenhouses” (10.1.3). Page 60 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 17 4 Best Practice Review 4.1 Summary of Best Practice Review The available information from 16 municipalities was reviewed in order to analyze and assess the various approaches that other municipalities have taken to deal with the permission for cannabis growing facilities in Ontario. Six municipalities within Niagara Region were reviewed, which include: Niagara-on-the-Lake, Port Colborne, Wainfleet, Lincoln, West Lincoln, and Pelham. Other Ontario municipalities were chosen to represent urban and rural approaches. These include Chatham-Kent, Halton Hills, Leamington, Norfolk, Oakville, Arnprior, Ottawa, Haldimand County, Barrie and Brant County. At the time of the review, a number of municipalities were in different stages of approval of amendments related to cannabis uses including: • The Township of Wainfleet has an Interim Control By-law in place, expiring November 2020, while it assesses current land use planning policies and ensure the provision of adequate tools to regulate the growing and processing of cannabis. According to discussions with Staff, it is anticipated that an Issues and Opportunities Report will go to Council in October outlining options for draft zoning, site plan and licencing agreements and the Interim Control By-law is not anticipated to be extended. Wainfleet’s report was not yet available during the writing of this report; and • The Town of Niagara-on-the-Lake passed a Zoning By-law Amendment in June 2020, which is currently under appeal, with its Interim Control By-law extended until an LPAT decision is reached. The details of Best Practice Review are summarised below in Table 1 and the sections to follow. Table 1 illustrates that municipalities have permitted cannabis growing facilities either as-of-right or through a zoning by-law amendment. The designation and/or zone where cannabis and related uses are permitted, as well as any special regulations that are applied, are described within Table 1. Page 61 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 18 Table 1. Summary of Municipal Cannabis Facility Regulations Municipality Official Plan Zoning Other Uses Permitted Regulations Niagara Region Wainfleet Interim Control By-law in Place (renewed until November 2020) Niagara-on- the-Lake (Passed by Council June 2020 and Under Appeal: Interim Control By- law in Place until LPAT Decision) Not specifically addressed. Permitted use as-of-right within the Rural Zone: • buildings or structures; • producing (indoor); • processing; • testing; • storing; • destroying; • packaging; • shipping. • 600 m minimum setback to sensitive land uses. • Air treatment control requirement (thus, indoor growth a requirement). • Security buildings may be located in the required front yard and do not have to comply with setbacks, as established through site plan process. • No outdoor storage. • Site Plan Control. Lincoln • Cannabis Production Facilities (indoor and outdoor) permitted in the Specialty Agricultural and Prime Agricultural designation. Permitted as-of-right in Agricultural Zone: • any building, structure or use • grow (indoor and outdoor); • posses; • sell; • ship; • deliver; • transport; • destroy; • produce; • export/import; • related research. • Not permitted on a lot containing a residence. • Minimum setback of 300 m from any Residential, Institutional or Open Space Zone and residential use, day nursery and institutional use. • Planting strip requirements. • Parking requirements. • No outdoor storage. • Minimum separation distance of 1,000 m between facilities. • Minimum lot area (6 ha.). • 30 m minimum setback for structures from all property lines. • Security buildings may be located in the front yard, do not have to comply with setbacks. • Amended Site Plan Control By- law to include cannabis production facilities within the list of agricultural buildings that are not exempt. Page 62 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 19 Municipality Official Plan Zoning Other Uses Permitted Regulations • Loading spaces must be wholly enclosed Pelham • Indoor Cannabis and Industrial Hemp Production permitted in Good General Agricultural, Speciality Agricultural and Industrial designation subject to a zoning by-law amendment. • Outdoor cultivation permitted in Agricultural areas under agricultural use definition. Indoor Cannabis-related Use and Industrial Hemp Related Use permitted through a zoning by-law amendment in Agricultural Cannabis Zone and General Industrial Cannabis Zones: • activities authorized in accordance with Federal Cannabis Regulation; • within an enclosed building or structure. Outdoor growth defined but not permitted anywhere. • 1 parking space per 100 m2 of GFA for indoor. • Minimum setback for outdoor uses of 300 m from a sensitive land use. • Prohibits a retail store. • 30% maximum lot coverage. • No storage area within 30 m of a street or the lot line of an adjacent residential use. • Site Plan Control. • Odorous Industries Nuisance By- law. Port Colborne • A Cannabis Production Facility is permitted within the Industrial/ Employment, Economic Gateway Centre, Agricultural and Rural designations. Permitted as-of-right in Light Industrial, Heavy Industrial, Gateway Industrial, Rural and Agricultural Zones: • facility structure; • indoor cultivation in all zones; • outdoor cultivation in rural and agricultural zones; • processing; • packaging; • shipping. • Air treatment control requirements. • Minimum setback of 150 m from any sensitive land use. • Security building may be located in the required front yard. • Greenhouses should be shielded so no light escapes between sunset and sunrise when abutting a sensitive land use. • Fencing. • Lot requirements differ between zones. • No outdoor storage. • 1 parking space for every employee on the largest shift. • Servicing requirements. • Site Plan Control. Page 63 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 20 Municipality Official Plan Zoning Other Uses Permitted Regulations West Lincoln Not specifically addressed. Permitted through site- specific/Zoning by-law amendment in Agricultural and Employment Zones the following: • indoor cultivation, • processing; • testing; • destruction; • packaging. • Minimum setback from all other lot lines (50m where permitted in Agricultural Zones and 45m where permitted in Employment Zones). • Security fence requirements. • No outdoor storage/growing. Other Municipalities Chatham- Kent • Cannabis production is permitted within the Employment, Agricultural and Rural Industrial designations. Permitted as-of-right in Agricultural and Industrial Zone: • indoor cultivation; • processing; • sale; • analytical testing; • research. Permitted as-of-right in Agricultural Zone: • outdoor cultivation. • Minimum separation distance of buildings/structures from residential, institutional or open space boundary (75 m in Industrial Zones and 100 m in Agricultural and Rural zones). • Parking Requirement: Two spaces per three employees (maximum enrolment) or one space per 18 m2 floor area used for office, whichever is greater, plus one space per 1,000 m2 floor area used for production. • Site Plan Approval. Halton Hills • Indoor and outdoor cannabis cultivation and processing is a permitted use. Permitted as-of-right in EMP1 and RU-EMP Zone: • indoor cultivation, • processing; • testing; • Parking requirements. • Loading space requirements. • Setback from sensitive uses (150 m). • Outdoor growth of cannabis must be 50m from lot lines. • Site Plan Control. Page 64 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 21 Municipality Official Plan Zoning Other Uses Permitted Regulations • research. Permitted as-of-right in A and PC Zone: • outdoor cultivation. Ottawa Not specifically addressed Permitted as-of-right in Heavy Industrial Zone, Rural General Industrial Zone, and Rural Heavy Industrial Zone: • within a building that is not a greenhouse. Permitted as-of-right in Light Industrial and Business Park Industrial Zones: • within a building that is not a greenhouse; • limited to 350 m2 GFA. Permitted as-of-right in Agricultural and Rural Countryside Zone: • limited to outdoor cultivation and greenhouse cultivation. • No outdoor storage. • Not permitted in a dwelling. • No nuisance permitted due to odour or fumes. • Minimum setback for all facilities from sensitive land uses (300m). • Any facility may be located within 300m of a sensitive use zone if the only permitted uses of these zones are environmental preserve and education area, emergency service, municipal service centre, office, storage yard or warehouse. Leamington Not specifically addressed Permitted as-of-right in Agricultural Zones where greenhouses are permitted or in Industrial Zone: • indoor cultivation • processing; Independent By-law: • Odour protocol regulations. • Applicable licences and permits. • Setback from sensitive uses (200 m). • Inspection and compliance regulations. Page 65 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 22 Municipality Official Plan Zoning Other Uses Permitted Regulations • extracting; • packaging; • testing; • destruction; • storage; • shipment. Norfolk Not specifically addressed. Permitted as-of-right in Agricultural and Industrial Zones: • producing; • processing; • testing; • destroying; • packaging; • shipping. No reference is made to indoor vs. outdoor cultivation. • Minimum setback from Residential Zones, Institutional Zones or Open Space Zones (70 m where equipped with air treatment control in Industrial Zones and 150 m in Agricultural Zones). • Minimum setback from sensitive land uses (existing use as opposed to zone) (150 m in Industrial or Agricultural Zones and equipped with air treatment control and 300m in Industrial or Agricultural Zones and not equipped with air treatment control). • Security building/structure requirements. • No outdoor storage. • Site Plan Control. Oakville Not specifically addressed. Not specifically addressed. According to the Town’s website, the Cannabis Legalization – One Year Review Report and discussion with the Manager of Zoning, “Staff direct notices to the Chief Building Official to be reviewed for zoning compliance. Applications for cultivation, processing and/or sale of cannabis are reviewed to determine what the primary use is in accordance with existing use definitions such as Agriculture or Manufacturing, N/A Page 66 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 23 Municipality Official Plan Zoning Other Uses Permitted Regulations and the applicable zoning permissions.” Therefore, under the agricultural use, outdoor growing facilities may be permitted. Arnprior Not specifically addressed Permitted as-of-right within the Employment Zone: • cultivation; • processing; • analytical testing; • research. No reference is made to indoor vs. outdoor cultivation. • Setback from residential or institutional (100 m). • No residential is permitted on the same lot. • Loading space and storage must be within a fully enclosed building. • Retail sales are not permitted. • Parking space requirements. Haldimand County Not specifically addressed Permitted as-of-right in the Agricultural and Industrial Zones within a building: • shipment; • delivery; • transport; • destruction; • growth (indoor); • drying; • exporting; • importing. • Dwelling units are not permitted on same site. • Minimum setback from Residential, Commercial, Institutional or Open Space Zones; any sensitive land uses; and any settlement area boundary (150 m). • Increased setbacks based on building/structure size (less than 6,967 m2: 150 m; less than 9,260 m2: 200 m; greater than 9,260 m2: 300 m). • Setback where an air treatment control system is not provided (300 m). • Parking requirements. • Outdoor storage is prohibited. • Outdoor signage is prohibited. • No other uses permitted other than growing of accessory agricultural crops. • Minimum lot area. • Site Plan Control. Page 67 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 24 Municipality Official Plan Zoning Other Uses Permitted Regulations • Minimum setback of structures from all property lines. • Security building regulations. • Loading spaces must be within wholly enclosed building. Brant County Not specifically addressed. Permitted as-of-right within Agricultural and Industrial Zones: • indoor cultivation; • processing; • testing; • destroying; • packaging; • shipping. • Setback from Residential Zone or use, Industrial Zone or use or Open Space Zone (150 m). • Loading space requirements. • Security building regulations. • Parking space requirements. • Site Plan Control. Barrie Not specifically addressed Permitted as-of-right within the. General Industrial Zone: • wholly enclosed building or structure; • possess; • produce (indoor); • sell; • provide; • ship; • deliver; • transport; • destroy. • No specific regulations outlined. Page 68 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 25 4.1.1 Official Plan Permissions Of all the municipalities reviewed, five currently address cannabis facilities within their Official Plans: Pelham, Port Colborne, Lincoln, Halton Hills and Chatham Kent. Pelham passed an Official Plan Amendment in July 2020, permitting Indoor Cannabis and Industrial Hemp Cultivation in the Town’s Good General Agricultural, Specialty Agricultural and Industrial Designations through a Zoning By-law Amendment. According to the Basis of the Amendment, the Official Plan Amendment does not deal with outdoor cultivation as this is already permitted in the agricultural designation and recognized as an agricultural use. A number of studies are required at no expense to the Town to support the establishment of indoor facilities including an Emission Summary and Dispersion Modelling Report, a Contingency Odour Mitigation Plan, a Light Mitigation Plan, and a Traffic Impact Study. Development criteria for new facilities includes: o designing the building in conformity with its surrounding agricultural and rural context; o avoiding any adverse noise, dust, odour and light impacts; o protecting sensitive surface and ground water features; o providing adequate parking facilities; o providing appropriate servicing; o providing stormwater management; and o providing appropriate waste management systems. The amendment also discusses value-added components, which must demonstrate that they are compatible with surrounding agricultural operations and directly related to the farm operations on site. Additionally, the use of appropriate setbacks is required for facilities according to guidelines set out by the amendment, which may be lower or higher depending on a set of facility criteria. These criteria include a minimum of 300 to 500 metres from sensitive land uses and a minimum of 2,000 to 4,000 metres from other facilities. An Official Plan amendment for Port Colborne allows a cannabis production facility in the Industrial/Employment, Economic Gateway Centre, Agricultural and Rural designations. The Official Plan amendment requires compatibility with neighbouring land uses through installation and operation of odour and light mitigation systems; maintenance and monitoring plans; and maintaining appropriate setbacks from sensitive receptors. The Town of Lincoln passed an Official Plan amendment in September 2020. Accordingly, cannabis production facilities are permitted in Lincoln’s Specialty Agricultural and Prime Agricultural designations and are subject to site plan control. In part, the regulations prohibit activity within a dwelling; permit both indoor and outdoor Page 69 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 26 cultivation; permit indoor storage and processing; and require mitigation measures as well as buffering, screening and security requirements. The Chatham-Kent Official Plan lists cannabis production as a permitted use within the Employment Area, Agricultural Area and Rural Industrial designations. Cannabis production is addressed as its own section, providing the objective of supporting and promoting new industry through diversification and requiring setbacks from sensitive land use, site plan approval and impact mitigation in accordance with Federal regulations and a Health Canada licence. The Halton Hills Official Plan permits, through OPA 35, cannabis cultivation and processing in the General Employment Area and Prestige Industrial Area designations. Outdoor cultivation is also permitted in the Protected Countryside Area and Agricultural Area, subject to setbacks of 150 metres to sensitive uses and 50 metres to lot lines for outdoor uses. The Official Plan permits indoor cultivation of cannabis and processing of cannabis in the Protected Countryside Area and Agricultural Areas through a Zoning By-law Amendment and Site Plan control. 4.1.2 Mechanism for Zoning Permissions Most of the municipalities reviewed permit cannabis growing facilities in some way, whether as-of-right or through a zoning by-law amendment process. Unique in our review, the Town of Oakville does not refer to cannabis specifically at all. It is our understanding from a review of their website and discussion with the Manager of Zoning that cannabis facilities and their uses are considered to be captured by the existing defined terms of “agriculture” and “manufacturing” within the zoning by-law. The Municipality of Leamington is also unique, as they have chosen to implement a stand-alone Cannabis Regulation By-law, which sets aside similar provisions to those of the other municipality’s zoning by-laws, however it is a by-law independent of their zoning by-law. The Town of Pelham has considered additional by-laws to accompany implementation of an official plan and zoning by-law amendment, including a draft Fence By-law, a Draft Fortification By-law, a Draft Cannabis Nuisance By-law and a Draft Odour By-law. In July 2020, the Town passed an Odorous Industries Nuisance By-law, and according to the Town, they are still contemplating a future Noise Nuisance By-law and a Light Nuisance By-law. The Odorous Industries Nuisance By-law requires an odorous industrial facility to not cause an adverse effect or public nuisance and provides definitions for a cannabis operation and cannabis. According to the by-law, the owner and/or operator of an odorous facility must employ air filtration systems where cannabis is present to prevent obnoxious odours from escaping and during inspection, and must provide all licences, registrations and other forms of authorization which permit the cannabis operation on the property. The by-law outlines and defines specific odour unit Page 70 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 27 measurements, with numerical parameters for odour strength and proximity to sensitive land uses. Regulations and penalties are addressed, with fines ranging from $500 to $50,000 for a first conviction. 4.1.3 Cannabis Facility Definitions Various approaches have been taken to define cannabis growing, production and harvesting. The following terms have been used within zoning by-laws and official plans reviewed: • Cannabis Production • Cannabis Production Facility • Cannabis Growing and Harvesting Facility • Cannabis Production and Processing • Cannabis Related Facility • Cannabis and Industrial Hemp Cultivation The definitions of these terms all seek to describe the specific cannabis related uses that are encompassed by the term, these often being cultivation, growing, processing, production, testing, destruction, packaging and shipping of cannabis etc. Many of the definitions had a structure similar to the following example from Chatham-Kent: “Cannabis Production Facility: means any building structure, or lands licensed by, Health Canada to undertake cultivation, processing, sale, analytical testing, and research of cannabis, pursuant to the Cannabis Regulations under the Cannabis Act, or successor legislation.” Some of the municipalities have chosen to restrict outdoor cultivation through new definitions for facilities, specifically defining a cannabis facility as an “indoor structure”, “wholly enclosed building” or “building or structure” and excluding any reference to “lands”. The City of Barrie provides the following definition: “Cannabis Production Facility: shall mean a wholly enclosed building, structure, or part thereof, used to possess, produce, sell, provide, ship, deliver, transport or destroy marihuana or cannabis ….” Approximately half of the definitions mention that the cannabis related uses must be done pursuant to applicable regulations and provisions, some of them naming the Act and Regulations directly, and a few mention that retail sale is not to be permitted on the premises. Some municipalities have also chosen to revise their current definition of other uses, such as “agricultural use” and “industrial use” to either include or specifically exclude cannabis facilities and production: Page 71 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 28 • Chatham-Kent amended their definition of ‘Agricultural Use’ to include “a Cannabis Production Facility” and their definition of “Industrial Use” to include “a Cannabis Production Facility excluding the outdoor cultivation of cannabis”; and • Norfolk County amended definitions within their zoning by-law for “farm”, “garden centre”, and “wholesale outlet” to specifically exclude “cannabis production and processing”. The Town of Halton Hills introduced 6 different definitions relating to cannabis production into the zoning by-law, which mirror the various definitions associated with the licences. These include: • Cannabis Analytical Testing Facility; • Cannabis Cultivation – Indoor; • Cannabis Cultivation – Outdoor; • Cannabis Drug Production Facility; • Cannabis Processing Facility; and • Cannabis Research Facility. With the introduction of new regulations for cannabis facilities, some municipalities have also introduced new definitions for “Air Treatment Control” and “Sensitive Land Use”, in order to more effectively administer the new regulations. 4.1.4 Zoning Permissions – Indoor Cultivation The majority of the municipalities permit the indoor cultivation of cannabis as-of-right within their zoning by-laws, in agricultural, employment or industrial zones: • Port Colborne permits indoor cultivation within their light, heavy and gateway industrial zones, as well as their rural and agricultural zones; • Niagara-on-the-Lake (passed by Council and under appeal) permits indoor cultivation within rural areas; • Lincoln permits indoor cultivation within agricultural areas; • Chatham Kent permits indoor cultivation within agricultural and industrial zones; • Halton Hills permits indoor cultivation within employment and rural employment zones; • Ottawa permits indoor cultivation within its industrial and rural industrial zones, granted it is within a building that is not a greenhouse; • Leamington permits indoor cultivation within agricultural zones (where greenhouses are permitted) and industrial zones; • Haldimand County permits indoor cultivation within agricultural and industrial zones; and • Barrie permits indoor cultivation within the industrial zone; • Brant County permits indoor cultivation within agricultural and industrial zones. Page 72 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 29 In comparison to these other examples, the Town of Pelham requires a site-specific Zoning By-law Amendment to permit indoor cultivation and applies its newly established Agricultural Cannabis and General-Industrial Cannabis zones to these applications. The Town of West Lincoln also requires a site specific/zoning by-law amendment to permit the indoor cultivation of cannabis along with processing, testing, destruction and packaging. 4.1.5 Zoning Permissions – Outdoor Cultivation Outdoor Cultivation Permitted Only some of the municipalities reviewed specifically allow the outdoor cultivation of cannabis. Chatham-Kent, Halton Hills and the City of Ottawa permit outdoor cultivation as of right within their Agricultural and/or Protected Countryside Zones. While the Town of Pelham introduced Official Plan and zoning permissions for indoor cultivation, according to reports prepared for the Cannabis Control Committee, outdoor cultivation is considered to be permitted as an agricultural within agricultural areas. The City of Port Colborne chose to delete their draft prohibition of outdoor cultivation in the rural and agricultural zone, because, according to Recommendation Report 2020- 09, the “growing of cannabis is seen as an agricultural use as indicated by the Region of Niagara”. However, the report states that “the prohibition will remain for any facility permitted within the City’s urban boundary as agricultural use is not supported in the City’s Official Plan”. Unique to Ottawa’s permissions, cannabis cultivation within the City’s Agricultural and Rural Countryside zones is specifically limited to outdoor and greenhouse cultivation. As previously discussed, the Town of Oakville considers cannabis facilities as an agricultural use, and according to discussion with the Manager of Zoning, outdoor cultivation facilities would therefore be permitted where agricultural uses are permitted. The Town of Lincoln, Norfolk County and the Town of Arnprior zoning by-laws make no reference to indoor or outdoor cultivation, however the Town of Lincoln and Norfolk County both prohibit outdoor storage. Outdoor Cultivation Not Permitted Within the zoning by-laws of West Lincoln, Niagara-on-the-Lake (passed and under appeal), Leamington, Haldimand County, Barrie and Brant County, specific reference is made that either directly prohibits the outdoor storage and growing of cannabis or only permits indoor cultivation. Page 73 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 30 4.1.6 Additional Zoning and Site Plan Requirements While specific zoning provisions and requirements for facilities differ across municipalities, the following summary captures the provisions that are commonly referenced: • Requiring setback or separation regulation for cannabis facilities from sensitive land uses, typically, from residential, institutional and open space zones; • Setback distances vary depending on which zone the use is permitted within (i.e. setbacks for facilities within the agricultural zone will differ from those for facilities within employment zones). Setbacks range from 40 metres to 300 metres but are often set at 150 metres within by-laws that only specify one requirement. Niagara-on-the-Lake is a unique exception to this range, as their draft zoning by- law requires a separation distance of 600 metres from sensitive land uses; • Separation distance between greenhouses, buildings and structures within a cannabis facility operation; • Requirement of a security fence around the premises to a certain standard. Many regulations also state that security buildings will require the same setbacks as facilities; • Parking requirements including number of spaces and maximum coverage, which depend on the size of the facility and number of employees; • Loading requirements, requiring either hidden or fully enclosed spaces to be provided; • Subjecting cannabis facilities to site plan control; • Requirement for mitigation of potential impacts such as light, air and odour emissions, which may include the submission of studies to the municipality. • Design and operation of facilities in accordance with Federal regulation, a licence from Health Canada, and any other requirements of the Province or competent authority; • Prohibition on retail stores and sales; • Planting strip requirements; • Restriction on outdoor signage or advertisement of the facility; and • Restriction on residential uses or dwelling units located on the same lot as a cannabis facility. Page 74 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 31 5 Options This section of the report discusses options for considering cannabis facilities in Niagara Falls’ planning documents. Based on the background discussed in the previous sections of this report, a number of options and the pros and cons of the different options for permitting and regulating the uses are explored. 5.1 Permitting the Use 5.1.1 Should cannabis related uses be permitted in agricultural and/or employment areas? Option 1a. Specifically permit indoor cultivation of cannabis in Agricultural Areas The definition of agricultural uses could be interpreted to permit cannabis cultivation and greenhouses in the agricultural and rural area. However, the City could specifically permit indoor cultivation in greenhouses or other buildings in the Agricultural and Rural Area. The following outlines the pros and cons of permitting indoor cultivation in the Agricultural and Rural Areas of Niagara Falls: Pro Con • Permitting the indoor cultivation of cannabis would align with permitting indoor cultivation of other crops in greenhouses, agricultural and rural areas • Little information is available from Health Canada on the complaint/mitigation system related to indoor cannabis cultivation. • Nuisance concerns related to noise, odour, security, lighting, etc. may occur. • Regulations and complaint mechanisms for indoor uses may not be sufficient to enforce mitigation of an odour nuisance. Mechanisms for permission of the indoor cultivation of cannabis in agricultural areas would include: • No change to the Official Plan, with the interpretation that the indoor cultivation of cannabis and associated uses are already permitted through the definition of an agricultural use; or • Amend the Official Plan to specifically clarify that the indoor cultivation of cannabis is permitted in agricultural designations; Page 75 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 32 and • Amend the City’s zoning by-laws to clarify that the indoor cultivation of cannabis and associated uses are permitted, by listing it as a permitted use, updating the existing reference to medical marijuana facilities within By-law 79-200 to include any licenced cannabis facility and including it as a defined term within the other by-laws. Option 1b. Do not permit indoor cultivation of cannabis in Agricultural Areas When licenced, the production of cannabis is a legal undertaking in Canada. In order to prohibit the uses outright, planning grounds would be required for why the use is not appropriate anywhere within the City of Niagara Falls. While there are nuisance concerns, as discussed within the following sections of this report, it must be determined whether such concerns are sufficient grounds for outright prohibition of cannabis cultivation and production. The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has been considering this matter. Personal communication with staff at the Ministry has indicated that they consider the growth of cannabis to be subject to the Farming and Food Production Protection Act, 1998. Any restriction on the cultivation of cannabis may need to stand up to the test of whether “normal farm practices”, as defined by the Farming and Food Production Protection Act, have been restricted. The following outlines the pros and cons of not permitting indoor cultivation in Agricultural and Rural Areas in Niagara Falls: Pro Con • Alleviates nuisance concerns related to indoor cultivation of cannabis. • No planning grounds for outright prohibition of legal use were discovered in the best practice research; making defending the recommendation more difficult. • By-laws that prohibit indoor cultivation may be deemed to not apply anywhere agricultural uses are currently permitted by the Normal Farm Practices Protection Board. The mechanisms for removing the permission of indoor cultivation of cannabis in agricultural areas would include amending both the Official Plan and zoning by-laws to define the use and list it as a prohibited use, as well as to remove the reference to medical marijuana facilities in Zoning By-law 79-200. Page 76 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 33 Option 2a. Permit outdoor cultivation of cannabis in Agricultural Areas. The key concerns associated with outdoor cultivation include lighting and odour. However, there is currently limited information available to assist in understanding the nuisances related to outdoor cultivation of cannabis. While outdoor growing is able to take advantage of sunlight, which reduces the need for artificial light, nuisances may still result from lighting required for security measures. In terms of odour, to our knowledge, only one outdoor facility exists within Ontario at the time of writing this report. As discussed further in the report, none of the literature reviewed with regards to odour speaks directly to outdoor cultivation; however, it is understood that odours generally occur when the plant flowers and produces the buds. The following outlines the pros and cons of permitting outdoor cultivation in Agricultural and Rural Areas in Niagara Falls: Pro Con • Permitting outdoor cultivation would align with permitting the cultivation of other crops in agricultural and rural areas. • Little information is available about the nuisance effects of outdoor cultivation. • Little information is available from Health Canada on complaint/mitigation systems related to outdoor cannabis cultivation. • Nuisance concerns related to odour, security, lighting etc. may occur. The mechanisms for permission of outdoor cultivation in Agricultural Areas are similar to those discussed in Option 1a for permitting indoor cannabis growth. Option 2b: Do not permit outdoor cultivation of cannabis in Agricultural Areas As previously discussed, the licenced production of cannabis is a legal undertaking, and planning grounds would be required as to why the outdoor cultivation of cannabis is not appropriate within any of Niagara Fall’s Agricultural Areas. While there are nuisance concerns, little information is available on outdoor cultivation to inform the potential potency of this nuisance. Only some of the municipalities we reviewed actually permit outdoor cannabis cultivation. However, it is important to note that the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) considers cannabis cultivation a normal farm practice. Therefore, a municipal by-law preventing outdoor cultivation could be challenged at the Normal Farm Practices Protection Board. The following outlines the pros and cons of not permitting outdoor cultivation in Agricultural and Rural Areas in Niagara Falls: Page 77 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 34 Pro Con • Alleviates nuisance concerns related to the uses. • By-laws preventing outdoor cultivation of cannabis may be deemed to not apply anywhere agricultural uses are currently permitted by the Normal Farm Practices Protection Board. The mechanisms for restricting outdoor cannabis cultivation in Agricultural Areas are similar to those discussed in Option 1b for not permitting indoor cannabis cultivation. Option 3a: Permit cannabis related uses in Employment Areas Cannabis related uses are similar to many industrial processing functions such as testing, drying, packaging, etc.. While nuisance concerns associated with the processing of cannabis may occur, these concerns are not unlike the concerns associated with other industrial functions. A certain level of nuisance is expected and accepted in industrial areas, hence the typical separation from sensitive uses and one of the reasons cannabis related uses may be suited for employment areas. The following outlines the pros and cons of permitting cannabis related uses in Employment Areas in Niagara Falls: Pro Con • The post-cultivation uses (processing, packaging, etc.) are not that different from other industrial uses and have similar nuisance potential. • Industrial areas are typically removed from sensitive uses, thus there may be less potential for nuisance impacts. • Nuisance concerns related to noise, odour, security, lighting, etc. may occur. • Little information is available from Health Canada on complaint systems or mitigation related to cannabis cultivation and processing. • Regulations and complaint mechanisms may not be sufficient to enforce mitigation of an odour nuisance. Mechanisms for the permission of indoor cannabis cultivation in Industrial areas would include: • Leave the Official Plan policies as they are, with the interpretation that the cultivation and processing of cannabis are already captured as agricultural uses and processing uses are permitted in the City’s Industrial Zones; or • Amend the Official Plan to specifically clarify that cannabis cultivation/processing /packaging etc. is permitted in Industrial Areas; and Page 78 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 35 • Amend the zoning by-laws to clarify that cannabis cultivation and processing /packing/testing etc. are permitted in Industrial areas; Option 3b: Do not permit cannabis related uses in Employment Areas Limiting certain uses in employment areas are typical official plan and zoning provisions. However OMAFRA indicated that they consider the Farming and Food Production Protection Act and its associated protections for normal farm practices, to also apply in Employment Areas where agriculture activities are currently permitted. The following outlines the pros and cons of not permitting cannabis related uses in Industrial Areas in Niagara Falls: Pro Con • Alleviates nuisance concerns related to the uses. • The post-cultivation uses (processing, packaging, etc.) are not that different from other industrial uses and have similar nuisance potential. • By-laws may be deemed not to apply by the Normal Farm Practices Protection Board anywhere agricultural uses are currently permitted. If the City of Niagara Falls decided to restrict the use in industrial areas, the most transparent mechanism for prohibiting indoor cultivation would be to amend the Official Plan and zoning by-law to define the use and list it as a prohibited use, as well as to remove the reference to medical marijuana facilities from Zoning By-law 79-200. Page 79 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 36 5.2 Regulating the Use 5.2.1 What specific provisions should the By-law address? Option 1: Implement a separation distance requirement to sensitive uses or zones While more than one reason may exist for separating cannabis-related uses from sensitive uses, odour is often raised as the primary consideration. The difficulty, however, lies in determining an appropriate setback to address odour concerns. Currently, Niagara Falls Zoning By-law 79-200 requires Council to consider, among other things, the proximity of a proposed Medical Marijuana Facility to any and all sensitive land uses. The by-law defines sensitive land use as: “any use that may be adversely affected by the proximity of a Medical Marijuana Facility, including, without limiting, the generality of the foregoing, residential uses, campgrounds, child care facilities, playgrounds, schools, parks and institutional uses”. As mentioned previously within this report, the Cannabis Act Regulations require “a system that filters air to prevent the escape of odours”. In addition, Health Canada has produced a guide entitled “Good Production Practices Guide for Cannabis”, which provides additional direction to fulfilling the Regulations related to air filtration. The guide indicates that: • “The building or part of the building used for the production, packaging labelling and storage of cannabis is equipped with an adequate ventilation system that is capable of maintaining air quality within it. • The number and quality of air filters is sufficient for preventing the escape of odours from the building or part of the building where all activities with cannabis are taking place, as well as to maintain air quality within these areas. • Ventilation and air filtration is maintained in accordance with a schedule. • Maintenance operations are carried out in a manner that does not present any risk to the quality of the cannabis. • The presence of odours surrounding the facility is monitored in accordance to a schedule and responded to if necessary. • Inspection and repair activities occur when required.” The Health Canada guide provides no specific technical requirements for the form or type of air filtration system; it simply requires implementation of a system that successfully blocks the escape of odours. Through our review of cannabis facilities within Niagara Region, Health Canada was contacted and asked how odour concerns with regards to cannabis production will be addressed. Health Canada generally stated that in order to ensure cannabis is Page 80 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 37 produced, sold and distributed in accordance with the Cannabis Regulations, all licence holders are inspected on a regular basis. According to Health Canada, the Department takes issues and complaints seriously and ensures that appropriate actions are taken to correct any potential non-compliance with the regulations. During the regular inspections by Health Canada, the report will include a citation under the Regulations if any strong odours are prominent outside of the licensed facility. If odours occur, the regulated party will be required to address the situation as part of a corrective action plan. While Health Canada has indicated that complaints are taken seriously and corrective actions taken, there is currently no information available on the number of complaints that have been filed nor on the investigation of complaints. Based on the above, odour from indoor cultivation facilities where a proper ventilation system is in place and is appropriately maintained should not be a concern. However, there could be interpretation differences with regards to what is considered an appropriate level of odour mitigation and what constitutes a “strong odour”. As well, odour related to outdoor cultivation is not addressed in the regulations or guidelines. Federal licence holders are required to comply with all relevant provincial and municipal laws, including local zoning by-laws, odour controls and electrical and fire safety. Accordingly, odour issues are a shared responsibility between Federal, Provincial and Municipal governments, and all levels of government may verify compliance with their respective regulations, and can apply their individual compliance and enforcement measures as necessary. The Normal Farm Practices Protection Board also provides a mechanism for complaints. From our discussions with them, there is currently one application in progress from a private party complaining of nuisance related to a cannabis facility, which specifically pertains to odours, light and dust. As only a prehearing has occurred at this time, no decision on the matter has occurred. As well, to our knowledge, the Normal Farm Practices Protection Board has not yet had to make a determination on what constitutes a normal farm practice as it relates to cannabis production. Our best practice review did identify that a number of municipalities have implemented separation requirements for cannabis growing facilities in zoning by-laws. One of the concerns with implementing a setback and/or separation distance is that these requirements in zoning by-laws could be appealed. The following outlines the pros and cons of implementing a separation distance for cannabis-related uses in the zoning by-law: Page 81 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 38 Pro Con • Provides some level of nuisance mitigation by separating uses that may not be compatible. • 150 m to sensitive uses and/or zones is standard across many municipalities reviewed. • Zoning By-law 79-200 already addresses separation requirements from sensitive land uses for medical marijuana facilities • Difficult to determine appropriate setback as lack of evidence/studies exist around nuisance related to Cannabis facilities. • Health Canada inspects air filtration and enforces where “strong odours” occur so separation distance may not be needed. • Provisions may be appealed to the Normal Farm Practices Protection Board. • An application for a minor variance or zoning by-law amendment could potentially reduce/modify the setback Mechanisms for implementing a separation distance would be implemented through the zoning by-law. Option 2: Provide a requirement for fencing in the by-law The following outlines the pros and cons of implementing a use-specific fencing requirement for cannabis related uses in the zoning by-law: Pro Con • Provides an additional security measure. • Health Canada reviews facility applications to assess the adequacy of the security measures proposed. This provision may not be needed. Option 3: Provide parking rates specific to the use The following outlines the pros and cons of implementing use-specific parking rate requirements for cannabis related uses in the zoning by-law: Pro Con • Parking requirements for cannabis facilities would help to regulate the size of lots and number of spaces. • Limited information is available on appropriate parking rates for cannabis related uses. Option 4: Require loading spaces to be enclosed in a building The following outlines the pros and cons of requiring enclosed loading spaces for cannabis related uses in the zoning by-law: Page 82 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 39 Pro Con • As a security measure, some by-laws also require that the loading bays be wholly enclosed within a building. • Health Canada reviews the applications to assess the adequacy of the security measures proposed. This provision may not be needed. Option 5: Restriction on outdoor signage and advertisement of the facility The following outlines the pros and cons of implementing signage and advertisement requirements for cannabis related uses in the zoning by-law: Pro Con • The restriction of outdoor signage and advertisement would further outline the municipality’s expectations on advertisements. • Marketing is addressed by the Cannabis Act and Regulations. Further, any use would also be subject to the Municipality’s sign by-law, thus this provision may not be required. Option 6: Restrict outdoor storage The following outlines the pros and cons of restricting outdoor storage related to cannabis uses in the zoning by-law: Pro Con • The specific restriction on outdoor storage of cannabis product, other than harvesting, would provide additional clarity to the public and applicants as to what the permitted uses entail. • Prohibition of outdoor storage is already addressed in the Act and Regulations, and therefore it may not be needed. Option 7: Prohibit residential uses or dwellings located on the same lot The following outlines the pros and cons of prohibiting dwellings on lots containing licenced cannabis uses in the zoning by-law: Pro Con • The restriction of residential uses on the same lot as a cannabis related facility would ensure that all operations occur in non-residential buildings. • The Cannabis Act does not allow any of the licenced activities to take place in a dwelling. • Agricultural operations typically have a dwelling on the property. Page 83 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 40 5.3 Implementing Changes 5.3.1 Should cannabis related uses be permitted as of right? Option 1: Require a zoning by-law amendment application to permit the use If the City were to list cannabis related uses within their zoning by-law as a permitted use, it would be considered an as-of-right use. Alternatively, the City could restrict the use within any zone through its definition, therefore requiring a site specific zoning by-law amendment in order to permit a facility on any site. The requirement of a site-specific zoning by-law amendment to permit cannabis cultivation and/or associated activities would provide the municipality with additional review of the particulars of each application and ensure a public review process. The City could require completion of studies that assess potential nuisances and identify mitigation measures. The following outlines the pros and cons of requiring a zoning by-law amendment to permit cannabis related uses: Pro Con • Provides the City the opportunity to consider the use on a case by case basis and involve the public each time. • Gives the City the opportunity to request studies of potential nuisances. • This approach may be viewed as a restriction of normal farm practices. The most straightforward mechanism for permitting the use through a site-specific zoning by-law amendment would be to define the use in the zoning by-law, but not list it as a permitted use in any of the zones. Further, the Official Plan could be amended to permit cannabis-related uses but specifically require a site specific zoning by-law amendment and set out the study requirements for any such application. Option 2: Permit Cannabis related uses in the by-law so all that is needed from the Town is a Building Permit Should cannabis related uses be permitted in Niagara Falls, allowing these as-of-right is more consistent with the existing policies and provisions of the zoning by-law, which already allow for the cultivation of crops in agricultural areas and processing in industrial areas. This option is also less likely to be considered a restriction of Normal Farm Practices, and provides more clarity and certainty for prospective licence holders. The following outlines the pros and cons of permitting cannabis related uses as of right: Page 84 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 41 Pro Con • Better transparency for licence holders. • Less chance of challenge of implementing by-laws. • No process to assess each individual new use. • No public process to take place for each individual new use. The most straight-forward option to implement permissions for cannabis related uses as-of-right would be to define the use and list it as a permitted use within the desired zones. 5.3.2 Should the Site Plan Control By-law be updated to address cannabis related uses? Option 1: Update the Site Plan Control By-law to specifically address the use All areas of the City are subject to site plan control. However, farm operations are exempted from site plan control, with the exception of “agri-tourism uses, commercial farm markets, permanent or mobile farm help houses and greenhouses”. In order to require site plan control for cannabis related facilities, the provision of the site plan by-law could be amended to clarify whether these facilities are classified as greenhouses, which are subject to site plan control. Alternatively, the by-law could additionally specify that any cannabis related use is subject to site plan control. Site plan control for cannabis facilities would allow the City more control in ensuring sites are designed in a way that mitigate impact and nuisance. As greenhouses are already subject to site plan control, it is not unreasonable to require cannabis related buildings to be subject to site plan control. Outdoor cultivation is not typically covered by site plan control, however given the need for fencing and or security measures, it may be worth considering. The following outlines the pros and cons of making cannabis related uses subject to site plan control: Pro Con • Site Plan control would allow the City better opportunity to mitigate nuisance potential. • Since greenhouses are currently subject to site plan control, it is reasonable to extend this to other similar uses, such as an indoor cannabis cultivation facility. • A site plan agreement can address matters such as odour control allowing for easier enforcement. • Health Canada reviews the site plans and layouts of proposed facilities to ensure compliance with the Act and Regulations. Page 85 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 42 Option 2: Leave the Site Plan Control By-law as it stands today Health Canada reviews the site plans and layouts of proposed cannabis facilities to ensure compliance with the Act and Regulations. The City may choose to leave the design of the site, subject to meeting any by-law requirements, to the Health Canada application/licencing process. The following outlines the pros and cons of not making cannabis related uses subject to site plan control: Pro Con • Health Canada already reviews the site plans and layouts of proposed facilities. • The City will lack the ability to control placement of buildings on site and also the ability to require additional study requirements such as odour control measures. 5.4 Summary Discussion As with all planning matters, a balance will need to be struck between regulation and flexibility. In Ontario, Cannabis related uses are unique to other uses owing to the interplay of Provincial and Federal legislation. The Cannabis Act and Regulations clearly outline that municipal by-laws apply to any cannabis related use, giving Niagara Falls some control of this use through their planning processes. However, the Ontario Farming and Food Production Protection Act stipulates that by-laws which restrict normal farm practices do not apply. As OMAFRA has taken the stance that cannabis is a crop subject to the Act, any by-law implemented that overly restricts these uses could be brought forward to the Normal Farm Practices Board and deemed not to apply. However, as cannabis cultivation is a new use, there is not yet a clear standard for normal practice in the context of nuisance concerns. From a planning perspective, regulating any use must be justified with a rationale of what makes a use unique and what steps are appropriate to regulate nuisance and concerns related to that use. The purpose of this section of the report is to identify options for addressing cannabis related uses in the City of Niagara Falls’ planning documents. The next step of this process is to seek public consultation on the options in order to inform the recommendations developed in the next phase of this study. Page 86 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 43 6 Summary of Public Comments 6.1 Public Open House and Written Comments A Virtual Public Open House was held by the City of Niagara Falls on November 12, 2020 to present the background report and policy options, gather public feedback on the work completed so far, and address questions. SGL made a presentation which provided background on the research conducted and policy options for the City contained within this report. The presentation was followed by a question and answer period. Approximately 30 people provided comments via Zoom or phone-in at the Open House. The City additionally received a number of written comments. The following provides a summary of the comments and concerns raised both at the Open House and by written comment to the City. This summary also includes any written comments provided to the project survey, which is discussed further on in this report, that did not pertain to any specific question. Odour Dealing with odour mitigation and air treatment control for facilities is the most prevalent public concern. These concerns relate to the general use and enjoyment of nearby properties; the odour when driving by cannabis facilities; and how individuals may be impacted by odour, such as concerns that the smell would permeate clothes and cause issues at Border Crossings or with law enforcement. Questions were raised with respect to air filtration requirements and standards for review. Environmental Impacts Many members of the public expressed concerns about the environmental impact of cannabis facilities on nearby properties, other farms and agricultural properties as well as environmental features. This concern includes the potential contamination or destruction of other nearby crops from the growth of cannabis, as well as any effects of livestock, wildlife, waterways and ground pollution. Concerns about the volume of water consumption by cannabis facilities was also raised, with concern for the potential requirement to have water transported in, with related traffic and environmental concerns. People are also concerned that fencing for the cannabis facilities may create barriers for wildlife were also raised. Page 87 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 44 Property Values Many comments were raised regarding the negative effect of nearby cannabis facilities on property values. People mentioned instances of property values having declined in other municipalities due to proximity to cannabis facilities. However, comments were also made that emphasize the opposite, highlighting the positive effect cannabis facilities have on property values due to job opportunities and revenue. Social and Tourism Impacts There were several comments regarding the lack of information available regarding the social concerns and impacts of cannabis facilities. The City’s tourism industry was also mentioned, with concerns that the development of cannabis facilities will contribute to a decline and negative impact on the desirability of the area as a tourism destination. Conversely, other comments suggested the potential improvements cannabis facilities could provide to the City’s tourism industry, such as the rising popularity of the craft cannabis market. Crime, Enforcement and Management Criminal activity associated with other cannabis growing facilities was also raised as an issue, with examples provided of instances of break-ins and crimes within other Ontario facilities. A few comments were additionally raised regarding the enforcement and management including whether City budgets would be impacted by complaint investigation and enforcement standards for facilities set by the City and Health Canada. One resident suggested the creation of an accessible phone line to call with questions, concerns and complaints, as well as a user friendly interface on the City’s website. Traffic Impacts Traffic impacts is a general concern raised by many, with apprehension regarding noise from trucks and vehicles and road damage from traffic. Industrial vs. Agricultural Areas Overall, based on oral and written comments, there is more public support for locating cannabis facilities within industrial areas of the City as these already have the capacity to better mitigate odour, sounds, lighting and other nuisance concerns more typically associated with industrial uses. Page 88 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 45 Setback Distances Appropriate setback distances and buffers from residential zones and properties as well as school sites was often raised as a point for discussion, as well as concern. Feedback regarding specific setback distances is discussed in the section below, as this was a question included within the public survey. Normal Farm Practices During the Open House and through written responses, there was a lot of discussion surrounding whether cannabis related uses should be considered a normal farm practice, owing to considerations such as the requirement for security fences, concern for criminal activity, lighting, odour and nuisance concerns as well as impacts on property values. Site Plan Control Based on responses received, there is general support for implementing site plan control for each new development. Mountain Road & QEW Area While the focus of the Open House and this Study is City-wide and not related to any specific property, the City and public are aware of a planned application for a cannabis facility in the vicinity of Mountain Road and QEW Area. A number of the above noted concerns related to this potential application. The potential applicant and some speakers associated with them suggested that there would be positive attributes of cannabis facilities, including for example, the creation of jobs and tourism opportunities. 6.2 Survey Results An online survey was created to garner feedback on the Study and options being considered. A link to the online survey was posted on the City’s website, which was made available from October 26 to November 18, 2020. The survey was designed to gather public opinion on the options set out within the Report, including possible locations and zones where operations may be best suited, potential separation distances from sensitive land uses and the use of regulations to control cannabis operations. Approximately 475 responses were received from those with a Niagara Falls postal code. However, upon inspection, 133 responses appeared to be duplicates from the same user. So as to not skew the analysis, these responses have been consolidated into one response for the purpose of this analysis. Page 89 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 46 The following provides a summary of survey results by question, listed in order as they appeared within the survey. The final question of the survey provided an opportunity for additional comments. As mentioned, these general comments have been summarized in the previous section of this report. Should cannabis-related uses be permitted indoors in agricultural areas? As shown in Figure 3, 57% of survey responses indicated that cannabis related uses should not be permitted indoors in agricultural areas. Of the remaining, 28% responded that cannabis related uses should be permitted indoors in agricultural areas, and 15% of responses answered maybe. Figure 3. Survey Responses to “Should cannabis-related uses be permitted indoors in agricultural areas?” Should cannabis related uses be permitted indoors in industrial areas? A small majority (45%) of survey responses indicated that cannabis related uses should be permitted indoors in industrial areas, as shown in Figure 4 below. 37% of respondents indicated these uses should not be permitted indoors in industrial areas. 18% of survey responses indicated maybe. Figure 4. Survey Responses to “Should cannabis-related uses be permitted indoors in industrial areas?” Page 90 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 47 Should cannabis related uses be permitted outdoors? The majority of survey responses (63%) indicated that cannabis related uses should not be permitted outdoors. Of the remaining responses, 26% indicated that cannabis related uses should be permitted outdoors, and 11% answered maybe. Figure 4. Survey Responses to “Should cannabis-related uses be permitted outdoors?” Should a separation distance be required to sensitive land uses or zones? As shown in Figure 5, only 10% of survey responses agreed that a 150 metre separation distance from cannabis related facilities and sensitive land uses or zones is appropriate. This is the distance most often used by other municipalities based on the best practice review of this Study. Figure 5. Survey Responses to “Should a separation distance be required to sensitive land uses or zones (such as residential uses)?” Instead, the majority of responses (64%) provided alternative separation distance measurements from cannabis related facilities to sensitive uses and zones, all larger than 150 metres. Responses ranged from 200 metres, all the way up to 80 kilometres, Page 91 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 48 as shown in Figure 6. Conversely, many other people who provided an alternative response to this question took the opportunity to emphasize that separation distances should be site specific and regulated on an individual basis as each property is unique and therefore should be subject to different requirements as necessary. 20% of responses indicated there should be no required separation distance from sensitive land uses, and 6% answered maybe. Figure 6. Survey Responses to “Yes, a separation distance of _______ should be required” What other specific provisions should the by-law address? There were a range of responses to other specific provisions the by-law should address. The survey provided the opportunity to choose as many of the options that apply as seen in Figure 7 below. Figure 7. Survey Responses to “What other specific provisions should the by-law address (Please check all that apply)” Page 92 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 49 Provisions that received the most responses include prohibiting residential uses on the same lot, restricting outdoor storage and providing fencing for the facility. These most closely relate to nuisance and safety mitigation, which has been the common theme throughout the public process. There were also a large number of responses in support of requiring enclosed loading spaces, restricting outdoor signage and requiring separation distances to other cannabis facilities. Providing parking rates specific to the use received the fewest responses. There was also an “other” option, which provided writing room for alternative or additional specific provisions. 122 people provided additional responses. While some of these responses indicated a lack of support for cannabis facilities within the City or emphasized the importance of setback distances, other suggestions included the assessment of odour impacts and mitigation, sufficient studies to mitigate light, filtration and odour, as well as traffic mitigation measures. Alternatively, many of the responses to the “other” option generally agreed that many of these conditions and provisions could be settled through site specific requirements. Other similar responses indicated that the requirements of Health Canada should serve as the requirements for facilities. Should cannabis related uses be permitted as-of-right? As shown in Figure 8, the majority of responses (73%) indicated that a zoning by-law amendment should be required by the City in order to permit cannabis related uses. 23% of responses indicated that the zoning by-law should permit cannabis related uses as-of-right, so all that is required is a building permit from the City. Only 4% responded maybe to permitting cannabis related uses as-of-right. Figure 8: Survey Responses to: “Should cannabis related uses be permitted as- of-right?” Page 93 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 50 Should cannabis related uses be subject to an agreement to regulate site plan features? The majority of responses (72%) also indicated that cannabis related uses should be subject to a site plan control agreement in order to regulate site specific features. 19% indicated the use should not be subject to site plan control, and 9% responded maybe. The response distribution for requiring a zoning by-law amendment (Figure 7) and requiring site plan approval (Figure 9) are very similar. Figure 9. Survey Responses to: “Should cannabis related uses be subject to an agreement to regulate site plan features?” Page 94 of 551 Cannabis Growing Facilities Study, City of Niagara Falls December 2020 51 7 Next Steps The next step in this Study process is to present this report to Council for information. We will then develop our recommendations and draft implementation tools (i.e., amendments to the Official Plan, zoning by-law and site plan control by-law) and report back to Council. Page 95 of 551 Page 96 of 551 1547 Bloor Street West Toronto, Ontario M6P 1A5 416-923-6630 info@sglplanning.ca Front Cover Picture Source: Google Maps Page 97 of 551 PBD-2020-78 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-78 26T-11-2020-003 Cytec Thorold Stone Road Lands Draft Plan of Subdivision Application North and South Side of Thorold Stone Road east of Stanley Avenue Applicant: 1939522 Ontario Ltd. (Tony DiFruscio) Agent: LANDx Developments (Tim Collins) RECOMMENDATION 1. That the Cytec Thorold Stone Road Plan of Subdivision be draft approved subject to the conditions in the attached 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 Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 1939522 Ontario Ltd. has submitted an application to subdivide a 14.7 hectare (36.3 acre) parcel of land on the north and south side of Thorold Stone Road, east of Stanley Avenue, into 4 blocks for permitted industrial and service commercial uses and 1 block as a 3 foot reserve. Planning staff recommends the application for approval for the following reasons: The proposal complies with Provincial and Regional plans with respect to developing employment areas and locating these land uses near major good movement facilities; The proposal complies with the Niagara Falls Official Plan and Special Policy Area 62 as the conditions for draft approval will secure landscaping for the development and ensure the lands are being developed by way of subdivision; and, The subject lands are intended to comply with the permitted uses and regulations of the zone of the property. Page 98 of 551 2 PBD-2020-78 December 8, 2020 The conditions of draft plan approval, which must be satisfied before subdivision registration, are listed in Appendix A. These conditions address servicing, road construction, Regional, Ontario Power Generation and Hydro One Networks Inc. infrastructure and all other matters related to the development of the subdivision. BACKGROUND Proposal 1939522 Ontario Ltd. has submitted an application to subdivide a 14.7 hectare (36.3 acre) parcel of land on the north and south side of Thorold Stone Road, east of Stanley Avenue, into 4 blocks for permitted industrial and service commercial uses. The development is proposed to be developed in two phases. The first phase being the 5.5 hectares (13.7 acres) south of Thorold Stone Road and the second phase being the 9.5 hectares (23.4 acres) to the north of Thorold Stone Road. A new street is proposed in each phase. The location of the proposal can be seen in Schedule 1 and the details of the proposal can be seen in Schedule 2. The proposed blocks are to be subdivided in the future through Part Lot Control. Any future use is proposed to be in accordance with the existing permitted uses for the property and zone regulations for lot frontage and area. The property is currently zone Light Industrial (LI- 869) which permits for a range of industrial, service commercial and institutional uses. The application is supported by various studies submitted by the applicant, including: a Record of Site Condition (RSC), Environmental Site Assessment (ESA), Functional Servicing Report (FSR), and a Planning Justification Report (PJR). Site Conditions Surrounding Land Uses The subject land to the north of Thorold Stone Road is mostly vacant aside from a hydro line on the property. The subject land to the south of Thorold Stone Road is vacant. The hydro canal, commercial plaza, and residential uses lie to the west of the lands. A railway and a water course lie to the north. The hydro canal, vacant industrial lands and the Gale Centre lie to the east, and Palmer Park and an industrial use lie to the south. Circulation Comments Regional Municipality of Niagara (the Region) - The Region has no objection to the proposed Draft Plan of Subdivision subject to 11 conditions regarding the development of the subject lands. Niagara Peninsula Conservation Authority (NPCA) - The NPCA has no objection or conditions for the proposed Draft P lan of Subdivision. - They have waived the requirement for an Environmental Impact Study as the subject lands will need to be remediated due to ground contamination, which Page 99 of 551 3 PBD-2020-78 December 8, 2020 has a greater environmental benefit than identifying the small pockets of potential wetland requiring the developer to compensate for them. Transportation Services - A 5m x 5m daylight triangle is required on the southeast corner of Block 1 and the northwest corner of Block 3. - A temporary turning basin is required at the end of Street B until the road is extended through the hydro corridor. This is to be built to City standards. Municipal Works - No objections subject to conditions which include dedication of necessary road allowances to the City and submission and review of engineering drawings and final servicing and stormwater reports. Parks Design - That Landscape Plans prepared and certified by a Landscape Architect be submitted for approval. Building Services & Fire Services - No objections. Canada Post, Bell Canada - No objections, subject to the conditions included in Appendix A. Ontario Power Generation - OPG’s interest relates to the adjoining OPG Canal and subsurface lands below the proposed development. There concerns relate to Storm Water management, Noise from Adjoining OPG Operations and OPG Tunnels. Conditions to this effect has been included in Appendix A. Hydro One Network Inc. - Hydro One has provided 5 conditions for draft approval that relate to their facilities and transmission corridor lands. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The lands are within the built boundaries of the Provincial Growth Plan. The proposed plan of subdivision is consistent with the PPS and conforms to the Growth Plan as follows: Page 100 of 551 4 PBD-2020-78 December 8, 2020 It is located adjacent to Niagara Fall’s Transit Route 108, improving connectivity opportunities with the City’s existing transit networks. It makes efficient use of vacant/underutilized employment land. The development of land for employment purposes close to major goods movement facilities is promoted. The subject lands are located close to Highway 405, the Queenston-Lewiston Bridge and the Canadian National Railway. It increases opportunities for cross-border trade and movement of goods with the United States. 2. Regional Official Plan The subject lands are in the Urban Area of the Niagara Region’s Official Plan and designated as Employment Area within the Niagara Economic Gateway Zone. The proposed plan of subdivision complies with the Region’s Official Plan as follows: The development of the subject lands promotes employment land intensification and brownfield redevelopment The development supports cross-border trade and movement of goods by providing employment uses in proximity to Highway 405, the Canadian National Railway and the US-Canada border 3. Niagara Falls Official Plan The subject lands are designated Industrial and subject to Special Policy Area 62 as per Schedule A to the Official Plan and within the Brownfield Pilot Project Area as per Schedule A-2 of the Official Plan. Special Policy 62 outlines how the Cytec Lands should develop. The proposed draft plan of subdivision complies with the City’s Official Plan as follows: The lands are being developed by way of subdivision to establish a new street system and development parcels as per Special Policy Area 62; The intended light industrial and service commercial uses are compatible with the surrounding land uses; Conditions of approval will secure landscaping and street trees for the development. 4. Zoning By-law The subject lands are zoned a site specific Light Industrial (LI-869) as per Zoning By- law 79-200, as amended by By-law 2009-127. By-law 2009-127 permits a range of industrial, service commercial and institutional uses within a portion of the Elgin Page 101 of 551 5 PBD-2020-78 December 8, 2020 Industrial Area. The applicant intends to use the future blocks in compliance with the permitted uses of the subject lands. 5. Subdivision Design and Conditions of Approval The proposed subdivision creates 2 new municipal streets and 4 blocks for future industrial and service commercial development as well as 1 block for a 0.3 metre reserve at the end of Street B. A comprehensive set of conditions, addressing City, Regional, Provincial and agency concerns are listed in Appendix A and includes the following: Infrastructure within the development is to be constructed to the City’s standards and at the developer’s expense. Confirmation of available capacities for water, storm and sanitary together with the anticipated contributions from the proposed development shall be addressed by submission of a Servicing Brief. 5m x 5m daylight triangles are to be dedicated to the City where applicable. A temporary turning basin is be constructed to City standards at the end of Street B to remain in effect until the road is extended east over the hydro corridor. Landscape plans to be done by a Landscape Architect for the development. Ontario Power Generation has included conditions that relate to their infrastructure. Niagara Region has included conditions relating to their infrastructure and filing a Record of Site Conditions. Hydro One Network Inc. has included conditions that relate to their on-site and adjacent infrastructure. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. Extension of services is to be at the applicant’s cost. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The applications are consistent with the “Vibrant & Diverse Economy” City initiative in that the proposed draft plan of subdivision will help ensure an adequate supply of accessible industrial and employment lands. Page 102 of 551 6 PBD-2020-78 December 8, 2020 LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Subdivision Plan Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper Attach. S:\PDR\2020\PBD-2020-78, 26T-11-2020-003 - Draft Plan of Subdivision - Cytec TSR Lands.docx Page 103 of 551 7 PBD-2020-78 December 8, 2020 SCHEDULE 1 (Location Map) Page 104 of 551 8 PBD-2020-78 December 8, 2020 SCHEDULE 2 (Proposed Subdivision) Page 105 of 551 9 PBD-2020-78 December 8, 2020 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Cytec Lands Draft Plan of Subdivision prepared by A.J. Clarke & Associates Ltd., dated January 15th, 2020, showing 4 blocks for industrial/service commercial development, 1 block for a 3 foot reserve and two streets that are to be dedicated as public highways. Planning and Legal 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate subdivision agreement will be required for each phase. 3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development conf irming that all lots and blocks comply with the Zoning By-law. 5. 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. 6. The developer takes the necessary steps to remove the 0.3 metre reserves where Street A and Street B are proposed along Thorold Stone Road and Stanley Avenue. 7. That all necessary easements are secured by the appropriate agencies. Municipal Works 8. Hydrant flow testing shall be completed at the Developer’s expense and in coordination with the City’s Environmental Services staff including a Certified Water Operator to confirm existing flow and pressures within the existing PVC watermains. 9. Water services within the development shall be designed and constructed in accordance with the MECP Guidelines and City Standards. Page 106 of 551 10 PBD-2020-78 December 8, 2020 10. Testing and commissioning of new/future municipal watermains shall be completed in the presence of a Certified Water Operator and in accordance with the City’s Watermain Commissioning Checklist. 11. Confirmation of available flow and pressure together with the anticipated demands of the proposed development shall be summarized in a Servicing Brief to be signed by a professional engineer licensed to practice in the Province of Ontario. 12. The sanitary lateral servicing within the development shall be designed and constructed in accordance with the MECP Guidelines and City Standards. 13. Connections to existing maintenance holes and sewers shall be professionally cored in place and all slugs removed. 14. Confirmation of available sanitary sewer capacity together with the anticipated contributions from the proposed development shall be summarized in a Servicing Brief to be signed by a professional engineer licensed to practice in the Province of Ontario. 15. The storm servicing within the development shall be designed and constructed in accordance with the MECP Guidelines and City Standards. 16. Confirmation of available storm sewer capacity together with the anticipated contributions from the proposed development and external areas shall be summarized in a Stormwater Management Report to be signed by a professional engineer licensed to practice in the Province of Ontario 17. All cost associated with obtaining a new outlet to the OPG Canal shall be at the sole cost of the Developer. 18. External contribution areas to be reviewed and accepted by the City of Niagara Falls with the proposed storm system sized in accordance with all contributing areas and cost to be shared with the City, if applicable. 19. All roadways are to be designed and constructed to City Standards and including line painting. 20. All existing concrete sidewalk damaged by construction related to the proposed development shall be replaced to match existing. 21. The Developer will submit to the City a Geotechnical Investigation Report prepared by qualified Geotechnical Engineering Consultant for review and acceptance. 22. Lot grading shall be designed and constructed in accordance with City Standards. Page 107 of 551 11 PBD-2020-78 December 8, 2020 23. The Developer pays the applicable Development Charges in place at the time of Subdivision execution and building permit issuance in accord ance with By-law 2019-69. 24. The Developer shall grant to the municipality and/or pubic utility companies, any easements which may be required to service the subdivision. 25. The Developer shall submit to the City the digital data and contract documentation as per the above criteria. 26. The Developer shall pay to the City the required fees for Engineering Inspection and Administration involved with ensuring the design and construction of services to develop the subject lands are complete in accordance with City Standards, as well as quality control through material testing during construction by a qualified Geotechnical Engineering firm. 27. Daylight triangles measuring 5.0 metres by 5.0 metres will be required on the southeast corner of Block 1 and the northwest corner of Block 3. 28. A temporary turning basin is required at the end of Street B to remain in effect until the road is extended through the hydro corridor. The turning basin is to be designed according to City standards. Until the road is extended and connects with another road to provide for a second outlet, parking will be restricted on one side of the road. 29. The Developer is to construct a sidewalk on one side of Street A and one side of Street B at their own expense to City Standards. Parks Design 30. The Developer is to submit Landscape Plans prepared and certified by a Landscape Architect (OALA) that will address fencing and buffer treatment for Palmer Park, streetscaping enhancements along Stanley Avenue and Thorold Stone Road, landscape enhancement of the main entry focal corner of Stanley Avenue and Thorold Stone Road, Street Planning Design that contributes to the City’s Urban Tree Canopy, and pedestrian routes. Ontario Power Generation (OPG) 31. The proposed drain and flume into OPG’s Hydro Power Ca nal will require approvals from OPG, along with a registered easement in the name of the City of Niagara Falls, prior to installation. 32. That the following warning clause be included in the subdivision agreement and all offers of purchase and sale, or lease, and in title deed or lease of any proposed dwelling, if applicable: Page 108 of 551 12 PBD-2020-78 December 8, 2020 “The operations of OPG’s adjacent Hydro Power Canal, and HONI’s operating transmission corridor may from time to time affect the living environment of residents due to noise, dust, vibration, use of OPG’s access roads, and/or the presence of work crews. OPG will not be responsible for complaints or claims arising from the use of its facilities or its operations.” 33. That the following clause be included in the subdivision agreement: “That the developer submit geotechnical reports from a qualified third part engineer to confirm there will be no impact from the proposed development on the operation and maintenance of the OPG tunnels below if a high rise building over four stories is proposed.” Canada Post 34. The owner/developer shall include the following statements on all offers of purchase and sale: “That the home/business mail delivery will be from a designated Centralized Mail Box.” “That the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales.” 35. That the owner/developer agrees to work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision, install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes, identify the concrete pads on the engineering servicing drawings (to be poured during sidewalk and/or curb installation within each phase of the subdivision), and determine the location of all centralized mail receiving facilities in co-operation with Canada Post to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. 36. That the owner/developer prominently display m aps in the sales office(s) showing specific Centralized Mail Facility locations. Page 109 of 551 13 PBD-2020-78 December 8, 2020 37. That the owner/developer provide the centralized mail facility at their own expense within a common lobby, common indoor or sheltered space in accordance with Canada Post’s multi-unit policy, if applicable. Hydro One Networks Inc. 38. Prior to HONI providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. 39. Any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. 40. At the developer’s expense, temporary fencing must be placed along the transmission corridor prior to construction, and permanent fencing must be erected along the common property line after construction is completed. 41. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the subdivision. Bell Canada 42. The owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 43. The owner agrees that should any conflict arise with existing Bell Canada facilities or easements within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. Page 110 of 551 14 PBD-2020-78 December 8, 2020 NPEI 44. That the owner/developer enter into a subdivision agreement in order to service the development. 45. That the owner/developer have an electrical consultant submit an electrical design for approval by NPEI. All costs associated with the supply of electrical services within the boundaries of the development will be borne by the owner/developer. Niagara Region 46. That following completion of any remediation and/or risk assessment work, a Record of Site Condition (RSC) shall be filed on the Ministry of the Environment, Conservation and Parks’ Environmental Site Registry in accordance with Environmental Protection Act and associated regulations as amended. Copies of the Environmental Site Assessment and site remediation reports as well as a copy of the Ministry of the Environment, Conservation and Parks’ written acknowledgement of the filing of the RSC, together with a certification from a Qualified Professional (QP) that the development lands meet the applicable standard(s) of the intended land uses shall be submitted to Niagara Region. A reliance letter from a QP shall also be submitted to the Niagara Region, to indicate that, despite any limitations or qualifications included in the above submitted reports/documents, the Region is authorized to rely on all information and opinions provided in the reports submitted, in order to clear this condition. 47. That a 6.0 metre x 6.0 metre daylighting triangle on either side of the site entrances from Regional Road 57 (Thorold Stone Road) and Regional Road 102 (Stanley Avenue), be dedicated to the Niagara Region free and clear of any mortgages, liens or other encumbrances. 48. That prior to any construction taking place within the Regional road allowance, the owner shall obtain Regional Construction Encroachment and/or Entrance Permits from the Niagara Region (Transportation Services Division, Public Works Department). 49. That the following clause be included in the subdivision agreement: “The owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development.” 50. That the owner provides a written acknowledgement to Niagara Region stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region, as servicing allocation will not be assigned until the Page 111 of 551 15 PBD-2020-78 December 8, 2020 plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 51. That the owner provides 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 subdivision, shall contain a clause indicating that servicing allocation for the subdivision will not be assigned until the plan is registered, and a similar clause be inserted in the subdivision agreement. 52. That prior to final approval for registration of this plan of subdivision, the owner shall submit the design drawings [with calculations] for the sanitary and storm drainage systems required to service this development and obtain Environmental Compliance Approvals from the Ministry of Environment, Conservation and Parks. 53. That prior to approval of the final plan of any on-site grading, the owner shall submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of Environment documents entitled Stormwater management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for new Development, May 1991, or their successors to the 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; (b) Detailed erosion and sedimentation control plans; (c) Detailed phasing of construction of the stormwater management facility to coincide with phasing of development of the lands (internal and external to the subdivision) planned to be serviced by the stormwater management facility; and (d) Design drawings [with calculations] for the stormwater management facility required to service this development and obtain the necessary Ministry of the Environment Compliance Approval. Confirmation that the OPG has approved the proposed outlet to the canal will also be required prior to clearance of this condition. 54. That the subdivision agreement contains provisions whereby the owner agrees to implement the approved plan(s) required in accordance with the condition above. 55. That the owner/developer ensure that all streets and development blocks can provide an access in accordance with Niagara Region’s Corporate Policy and By- laws relating to the curbside collection of waste and recycling. A temporary cul-de- sac will be required at the east end of Street B until such time as the street is extended. Page 112 of 551 16 PBD-2020-78 December 8, 2020 56. That the owner/developer shall comply with Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection. 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 subdivision agreement for the proposed development should be submitted to the 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 p rior to registration. 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 subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. 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: Legal Services for Conditions 2 and 3 Planning and Development Services for Conditions 4 to 7 inclusive Municipal Works for Conditions 8 to 26 inclusive Transportation Services for Conditions 27 to 29 inclusive Landscape Architect for Conditions 30 Ontario Power Generation for Conditions 31 to 33 inclusive Canada Post for Condition 34 to 37 inclusive Hydro One Networks Inc. for Conditions 38 to 41 inclusive Bell Canada for Conditions 42 and 43 Niagara Peninsula Energy Inc. for Conditions 44 and 45 Regional Municipality of Niagara for Conditions 46 to 56 inclusive Page 113 of 551 Address: Thorold Stone Rd, east of Stanley Ave Application for Draft Plan of Subdivision Applicant: 1939522 Ontario Ltd. (Tony DiFruscio) File: 26T-11 -2020-003 Proposal: Subdivide parcel of land on North and South side of Thorold Stone Rd into blocks for permitted industrial and service commercial uses.Page 114 of 551 A GREAT CITY…FOR GENERATIONS TO COME Location Gale Centre Residential/ Industrial SUBJECT LANDS 9.5 ha 5.5 ha Page 115 of 551 A GREAT CITY…FOR GENERATIONS TO COME Background •A Plan of Subdivision is proposed for the 14.7 hectare (36.3 ac) property to divide the land into 4 blocks, for permitted industrial and service commercial uses and 1 block for a 3 foot reserve. •Development is proposed to occur in two phases, with 5.5 ha south of Thorold Stone developed first followed by 9.5 ha on the north side of Thorold Stone Rd. •A new street is proposed for each phase. •Property will be subdivided in the future through Part Lot Control with any future use to be in accordance with the existing permitted uses for the property •Property is currently zoned Light Industrial which permits a range of industrial, service commercial and institutional uses. Page 116 of 551 Plan of Subdivision Thorold Stone Road Future Street “B” Block 4 Block 3 Block 1 Block 2 •Plan creates 2 new municipal streets and 4 blocks for future industrial and service commercial development; •1 block for a 0.3 m reserve at the end of Street B for a temporary turning basin. •Additional conditions included in Appendix A to staff report. Future Street “A”Page 117 of 551 Planning Analysis Provincial Policy Statement & Growth Plan •Within the built boundary of the Provincial Growth Plan. •Is consistent with the Provincial Policy Statement and conforms to the Growth Plan as follows: •Located adjacent to transit route •Efficient use of vacant/underutilized employment lands •Development of land for employment purposes close to major highways and transportation routes is promoted. •Increase in opportunities for cross-border trade and movement of goods with the United States. Regional Official Plan •Subject lands are in Urban Area and designated Employment Area within the Niagara Economic Gateway Zone. •Complies with the Regional Official Plan as follows: •promotes employment land intensification and brownfield redevelopment. •supports cross-border trade and movement of goods by providing employment uses in proximity to Hwy 405, CN Railway and the US-Canada border. Page 118 of 551 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan •Designated Industrial and subject to Special Policy Area 62 and within the Brownfield Pilot Project Area •Special Policy Area 62 outlines how the Cytec lands should develop. •Proposed Draft Plan of Subdivision complies with the Official Plan as follows: –Lands are being developed through a plan of subdivision to establish a new street system and development parcels as per Special Policy Area 62. –Intended light industrial and service commercial uses are compatible with the surrounding land uses. –Conditions of approval will secure landscaping and street trees for the development.Page 119 of 551 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •The application is recommended for the following reasons: •It complies with Provincial and Regional policies with respect to developing employment areas and locating these uses near major good movement facilities; •It is in conformity with the City’s Official Plan and Special Policy Area 62 as the conditions for draft plan approval will secure landscaping for the development and ensure the lands are being developed by way of subdivision; and, •The subject lands are intended to comply with the permitted uses and regulations of the zoning of the property. Page 120 of 551 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That the Cytec Thorold Stone Road Plan of Subdivision be draft approved subject to the conditions in Appendix A of Staff report PBD-2020-78; 2.That the Mayor or designate be authorized to sign the draft plans 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 Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor.Page 121 of 551 PBD-2020-80 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-80 AM-2020-013, Zoning By-law Amendment Application 5525 Victoria Avenue & 4858 Kitchener Street Proposal: 7 storey Addition to the Existing Hotel Applicant: 1923222 Ontario Ltd. (Mike Bufalino) Agent: Raimondo & Associates Architects Inc. (David Robbins) RECOMMENDATION 1. That Council approve the Zoning By-law amendment application for the subject lands to a site specific Tourist Commercial (TC) zone to permit the construction of a 7 storey addition to the existing 7 storey hotel, subject to the regulations outlined in this report. 2. That Council approve the request to pass a by-law to deem Lots 479 – 485 inclusive, Park Street AKA Union Avenue, Plan 9 and Lots 486 – 488 inclusive, Plan 297 to not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. EXECUTIVE SUMMARY 1923222 Ontario Ltd. has requested a Zoning By-law amendment to permit the construction a 7 storey addition to the existing 7 storey hotel on 5255 Victoria Avenue and 4858 Kitchener Street. The amendment is recommended for the following reasons: The proposal is consistent with the Provincial Policy Statement and complies with the Growth Plan regarding development within the Gateway Economic Zone; The subject lands are located in the Clifton Hill Subdistrict of the Central Tourist District which the City’s Official Plan intends to be developed with tourist serving uses including hotels; The hotel and the proposed additions meet the general intent of the design guidelines for buildings over four storeys, and will provide an appropriately scaled low rise hotel; and The site specific regulations requested by the applicant are appropriate . Page 122 of 551 2 PBD-2020-80 December 8, 2020 BACKGROUND Proposal 1923222 Ontario Ltd. has requested a Zoning By-law amendment for a 0.7 hectare (1.7 acre) parcel of land known as 5525 Victoria Avenue and 4858 Kitchener Street. The location of the subject lands are shown in Schedule 1. The zoning amendment is requested to permit the construction of a 7 storey addition to the existing 7 storey hotel. A total of 30 new hotel rooms are proposed in the addition with 3 additional units in the existing building for a total of 111 hotel units. The details of the proposal can be seen on Schedules 2 and 3. The subject land is zoned a site specific Tourist Commercial (TC-75 & 746) Zone, in accordance with Zoning By-law No. 79-200 as amended by By-laws 2006-093, 2012-060 and 2012-061. These By-laws permit the existing 7 storey hotel, a 4 storey hotel fronting Hunter St, and exempt the property from parking provisions for any restaurant, meeting room and retail component of the hotel. The applicant is requesting a new TC zone with site specific loading space regulations, height regulations and front yard depth regulations for the 7 storey hotel expansion. The applicant is also requesting that the permissions for a 4 storey hotel be carried over from the existing site specific by-law. A deeming by-law will be necessary to merge 5525 Victoria Avenue and 4858 Kitchener Street. Site Conditions and Surrounding Land Uses The subject land is currently developed with a 7 storey hotel (Country Inn & Suites). Adjacent uses include Clifton Victoria Inn, residential uses and the Korean Presbyterian Church to the west, Skyline Hotel and Waterpark to the south, St. Paul’s Evangelical Lutheran Church to the north and a commercial building to the east. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions and the public. The following summarizes the comments received to date: Landscape and Parks Services No objections. They have indicated 4 conditions dealing with landscaping to be required at the site plan stage. Building Services, Fire Services No objections to the rezoning. Technical review of Ontario Building Code matters and fire safety will be completed at the site plan and Building Permit stages. City, Regional and Education Development Charges will be assessed at the time of permit submission. Page 123 of 551 3 PBD-2020-80 December 8, 2020 Legal Services, Municipal Works No objections. A deeming by-law will be required before 5525 Victoria Ave and 4858 Kitchener St can merge on title. The properties are made of 6 separate PINs. Each PIN will need to be in the same name to merge the properties and PIN numbers. Engineering Services, Municipal Works No objections. They will require a Functional Servicing Report and Storm Water Management Report at the Site Plan stage Transportation Services No objections. All applicable road widening’s and daylight triangles were acquired during site plan application SPC-06/2007. No additional road dedications are required. Neighbourhood Open House A remote electronic open house was held on November 5, 2020. A representative from the Korean Presbyterian Church at 4898 Kitchener Street was in attendance. The Church expressed concerns about 6 parallel parking spaces proposed along their shared property line. The applicant removed the parking spaces. ANALYSIS 1. Provincial Policy Statement and A Place to Grow Plan The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and comply with the A Place to Grow Plan. Under the A Place to Grow Plan, Niagara Falls is identified as part of the Gateway Economic Zone. Planning and economic development in this Zone is to support economic diversity and promote increased opportunities for cross-border trade, movement of goods and tourism. The expansion of the existing hotel is consistent with these policies. 2. Niagara Region Official Plan The subject lands are designated urban area within the Niagara Region’s Gateway Economic Zone. Objectives of the Niagara Economic Gateway are to strengthen Niagara’s economy, promote the efficient use of infrastructure, promote attractive urban design and sustainable development, and to support appropriately located tourism facilities. Further development of the existing hotel complies with the Region’s objectives. Page 124 of 551 4 PBD-2020-80 December 8, 2020 3. Niagara Falls Official Plan The subject lands are designated Tourist Commercial on Schedule A in the City’s Official Plan and located in the Clifton Hill Subdistrict of the Central Tourist District on Schedule E in the City’s Official Plan. This Subdistrict is intended to be developed with a wide range of tourist commercial/entertainment uses including hotels. Development is to provide an appropriate transition with adjacent residential uses. The proposed development complies with the Official Plan as follows: The property is located within the area identified for buildings up to 30 storeys in height. The proposed 7 storey hotel addition is located west of Victoria Avenue where an appropriate transition and relationship with the adjacent residential and institutional uses are expected. The current hotel and proposed expansion provide an appropriate transition from the high rise buildings located east of Victoria Ave to the residential and institutional uses to the west. As noted in the following section of this report, the project meets the intent of the built form policies. 4. Architectural Design Review As the proposal is less than 10 storeys, an Architectural Design Brief was not required to be submitted with the proposal. As such, Staff have reviewed the proposal against the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook and offer the following: Principle 1 – Positive Base Building The proposal provides a positive building base interface along approximately 90% (±60% existing) of the site’s frontage on Victoria Avenue, less than 10% (0% existing) along Hunter Street and none on Kitchener Street. This meets the minimum 60% building base interface along Victoria Avenue. The Hunter Street and Kitchener Street frontage is occupied by parking and access entrances. It would be difficult to achieve a building base interface along these streets without moving all required parking off-site and developing a larger building. Landscape strips are proposed along Hunter Street and Kitchener Street, Staff recommend these strips be densely planted to provide for an attractive streetscape. This will be addressed at the site plan stage. In addition, there is a proposed breakfast patio at the corner of Hunter St and Victoria Ave on the subject land. This will achieve the objective to provide an active use along the street frontage. Page 125 of 551 5 PBD-2020-80 December 8, 2020 Principle 2 – Public Realm at Grade In June of 2006, the applicant entered into a Section 37 Agreement with the City to provide streetscape improvements through construction or funds for the subject land’s length of frontage along Victoria Avenue. This work has since been completed by the City together with the Victoria District B usiness Improvement Area. The applicant has proposed in their Draft Landscape Plans to further enhance the hotel’s streetscape frontage along Victoria Avenue and th e focal corner of Victoria Ave and Hunter St. There are no further Entrance Gateways or additional Entry Corridor features identified in the Open Space Plan adjacent to the proposal’s site. Staff are of the opinion that the Public Realm at Grade has been adequately addressed through the previous Section 37 agreement and that further landscaping improvements on-site be implemented through the site plan process. Principle 3 – Skyview This principle seeks to maximize sky view and light between buildings towers above the podium level, mitigate shadowing and avoid the feeling of a wall of development through a set of built-form regulations. The hotel and proposed addition meets built-form regulations in that it provides for a 0-3m podium setback along Victoria Ave and a portion of Hunter St and that there are no other towers within 25m of the proposal. However, the project deviates from the following built- form guidelines: The floor plate size is approximately 1,130m2, slightly larger than the maximum recommended 1,115m2. The length/width ratio is 1:2.7 where the recommended ratio is 1:1.5. The addition is proposed at its closest point on Hunter St at 0.4 metres and does not provide a 3 metre setback above 15 metres. The addition is proposed at its closest point on Victoria Ave 0.58m and provides for a 2m setback above 15 metres from Victoria. These departures meet the general intent of the Tourism Policy Guidelines for the following reasons: Due to the irregular shape of the property, the proposed addition does not run parallel to the lot lines along Hunter St or Victoria Ave and only a small portion of the corners of the tower are within 3 metres of the streets. Due to the modest height of the building, these departures will have minimal impact. The proposal is for a low-rise addition of 7 storeys where a maximum of 30 storeys is permitted, which further reduces the impact of the floor plate and length/width ratio departures. Page 126 of 551 6 PBD-2020-80 December 8, 2020 The proposed building elevations demonstrate a distinction between the floors above and below 3 storeys by having the first three floors coloured black and floors 4-7 light gray, breaking up the floors (that face Hunter St and the Victoria/Hunter intersection) above and below the height of the existing podium on Victoria Ave. There is a 3 storey podium proposed along the portion of the podium to face Victoria Ave. It is recommended that windows be installed on the east elevation of the addition in a similar fashion to the existing hotel’s east elevation façade. This can be dealt with through the site plan application process. The proposed addition is separated from the corner of Victoria Ave and Hunter St by a proposed breakfast patio. The breakfast patio provides a buffer from the street to help avoid the feeling of a wall of development. Principle 4 – Skyline Height This principle states that the taller the building, the greater the emphasis should be on slenderness and visible sky view between towers. A diversity of building heights can be considered in the tourist core, but heights should be stepped down along residential neighbourhoods to minimize shadowing. The proposal complies with this principle as follows: At 7 storeys, the hotel addition is a low-rise building and as such some deviation from the slender profile expected of a high-rise building is reasonable; The hotel contributes to the diversity of building heights provided along Victoria Avenue, which is largely low rise, with several hotels in the 7 – 10 storey range; Given the modest height and that the addition is proposed no closer to the residential area to the west than the existing hotel, impacts on the residential neighbourhood are not expected. Principle 5 – Views and Vistas The purpose of this principle is to maintain views and exposure of the natural and man made features such as views to and from the Falls, Queen Victoria Park and the American Skyline. Given the modest height of the proposed addition and its distance from Queen Victoria Park, the proposed hotel addition will not block an y views of the Falls, Queen Victoria Park or the American Skyline. Principle 6 – Microclimate Microclimate studies are not required for buildings under 10 storeys as microclimate impacts are not expected to be significant. Page 127 of 551 7 PBD-2020-80 December 8, 2020 Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic caused by remote parking lots by containing parking on-site. The required parking for the existing hotel and proposed addition is located on-site and is screened behind the hotel so that it is not visible from Victoria Ave. 5. Zoning By-law The subject land is currently zoned Tourist Commercial (TC-75 and TC-746) with site specific regulations which release certain uses from having to provide parking and permit the existing 7 storey hotel and a 4 storey hotel. The applicant has requested new site specific regulations to permit the hotel expansion and to carry over regulations from the existing site specific Zoning By-law that permit a 4 storey hotel on the subject lands. The permitted location for the 4 storey can be seen hatched on Schedule 2. The following are the newly requested departures from the site specific regulations: TC-746 ZONE CURRENT SITE SPECIFIC REGULATION PROPOSED REGULATION Minimum setback from a street for a podium 1.5m plus 13m from the centerline of Victoria Ave 2.5m from Hunter Street 0.3m plus 13m from the centerline of Victoria Ave 0.4m from Hunter Street Minimum setback from a street for a 7 storey building 5.75m plus 13m from the centerline of Victoria Ave 2.5m from Hunter Street 1m plus 13m from the centerline of Victoria Ave 0.4m from Hunter Street Maximum permitted height (where addition proposed) 12m 12m for podium 27m (7 storeys) for tower Minimum number of loading spaces 3 1 The departures from the regulations can be supported for the following reasons: The required front yard setbacks for a 12 metre tall building in the TC zone is 0 metres and the required setbacks to the centerlines have been met. The proposed regulation is more restrictive than the parent zone. The property is located in an area where additional height is contemplated and the increased tower height is acceptable. As only one loading space is currently provided and the additional rooms are not expected to substantially increase loading requirements, reducing the number of loading spaces is acceptable. Page 128 of 551 8 PBD-2020-80 December 8, 2020 6. Site Plan The development will be subject to site plan control. At the site plan stage detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. Pursuant to recent changes enacted by the City for properties subject to redevelopment, a cash-in-lieu of parkland dedication in the amount of 1% of the value of the property will be required at the site plan stage. FINANCIAL IMPLICATIONS The proposed development will provide development charges, cash-in-lieu of parkland dedication in the amount of 1% of the value of the property and new tax assessment for the City as well as contributions to streetscape improvements under a Section 37 Agreement. CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Elevations Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper Attach. S:\PDR\2020\PBD-2020-80, AM-2020-013, Zoning By-law Amendment, 5525 Victoria & 4858 Kitchener.docx Page 129 of 551 9 PBD-2020-80 December 8, 2020 SCHEDULE 1 (Location Map) Page 130 of 551 10 PBD-2020-80 December 8, 2020 SCHEDULE 2 (Site Plan) Page 131 of 551 11 PBD-2020-80 December 8, 2020 SCHEDULE 4 (Elevations) View from the corner of Victoria Ave & Hunter St View from Victoria Ave Page 132 of 551 Address: 5525 Victoria Ave and 4858 Kitchener St Applicant: 1923222 Ontario Ltd. (Mike Bufalino) Proposal: 7 Storey Addition to Existing Hotel Zoning By-law Amendment Application AM-2020-013 Page 133 of 551 A GREAT CITY…FOR GENERATIONS TO COME Location Institutional Residential Various Tourist Commercial Uses PROPOSED HOTEL EXPANSION Existing Hotel Institutional Residential Parking Lot Page 134 of 551 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Hotel Existing Hotel Hotel Addition Page 135 of 551 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant is requesting a zoning amendment to permit the construction of a 7 storey addition to the existing 7 storey hotel. •Existing site specific zoning permits the existing 7 storey hotel, a 4 storey hotel fronting on Hunter St. and exempt the property from parking provisions for any restaurant, meeting room and retail component •Applicant is requesting a new TC zone with site specific regulations regarding loading space, height and front yard depth. NEIGHBHOURHOOD OPEN HOUSE •Held on November 5, 2020. •A representative from Korean Presbyterian Church attended and expressed concerns about six parallel parking spaces proposed along the shared property line. •Applicant removed the parking spaces from the proposal. Page 136 of 551 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICIES •Complies with Gateway Economic Zone to support economic diversity and promote increased opportunities for cross-border trade, movement of goods and tourism. The expansion of the existing hotel is consistent with these policies. REGIONAL OFFICIAL PLAN •Lands are designated urban area within the Niagara Region’s Gateway Economic Zone. Objectives are to strengthen Niagara’s economy, promote the efficient use of infrastructure, promote attractive urban design and sustainable development and to support tourism facilities. Further development of an existing hotel complies with the Region’s objectives. Page 137 of 551 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis OFFICIAL PLAN •Proposed development complies with the Official Plan as follows: –Property is located in an area identified for buildings up to 30 storeys –Proposed 7 storey addition is located where transition and relationship with adjacent residential and institutional uses are expected. –Current hotel and proposed expansion provide an appropriate transition from high rise buildings to east to the residential and institutional uses to the west. –Proposal meets intent of the built form policies Page 138 of 551 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis ARCHITECTURAL DESIGN REVIEW •As the proposal is less than 10 storeys, an Architectural Design Brief was not required. Staff have reviewed the proposal against the 7 principles contained in the Tourism Policy Review Implementation Handbook and offer the following: 1.Positive Building Base –the development will have 90% along Victoria Ave and 0% on both Hunter and Kitchener Streets due to the existing access and parking. Landscape strips are proposed along Hunter and Kitchener Streets to provide for an attractive streetscape. 2.Public Realm at Grade –In 2006 applicant entered into a Section 37 Agreement with the City to provide streetscape improvements along their Victoria Ave frontage. These works now completed by City and Victoria Centre BIA. Page 139 of 551 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis ARCHITECTURAL DESIGN REVIEW con’t 3. Skyview –the floor plate is 1,130 m2 (12,163.6 sq ft), slightly larger than the maximum of 1,115 m2; the proposed width to length ratio is 1:2.7 where recommended is 1:1.5; proposed addition at its closest point on Hunter St is 0.4 m and does not provide a 3 m setback above 15 m; proposed addition at its closest point on Victoria Ave is 0.58 m and provides a 2 m setback above 15 m. These are acceptable due to the irregular shape of the property; low rise form of building; change of material/colour to break up the massing and outdoor patio space. 4. Skyline Height –the proposed 7 storey addition is a low-rise building and some deviation from the slender profile expected of a high-rise building is reasonable; hotel contributes to the diversity of building heights along Victoria Ave; the modest height and location of the addition on the site, should not impact the surrounding residential areas. Page 140 of 551 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis ARCHITECTURAL REVIEW con’t 5. Views and Vistas –the hotel addition is not anticipated to affect the views and vistas of the Falls, Queen Victoria Park or the American skyline. 6. Microclimate –studies are not required for buildings under 10 storeys as impacts are not expected to be significant. 7. Parking and Circulation – required parking is to be located on-site and screened behind the hotel so that it is not visible from Victoria Avenue. Page 141 of 551 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Building & Podium Setback 0.4 m from Hunter St; 1 loading space Max height where addition is proposed 12m for podium; 27 m (7 storeys) for tower Podium Setback from Victoria Ave –13 m from centreline + 0.3m Building Setback from Victoria Ave –13m from centreline + 1m Page 142 of 551 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •The proposal complies with Provincial Policy for development in the Gateway Economic Zone; •Complies with Official Plan in terms of development of hotels in the Clifton Hill Subdistrict that is within in the Central Tourist district; •Proposed addition meets the general intent of the design guidelines for buildings over 4 storeys,and will provide an appropriately scaled low-rise hotel; and •Site specific regulations requested by the applicant are appropriate. Page 143 of 551 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application for the subject lands to a site specific Tourist Commercial (TC) zone to permit the construction of a 7 storey addition to the existing 7 storey hotel, subject to the regulations outlined in staff report PBD-2020-80. •That Council approve the request to pass a by-law to deem Lots 479-485 inclusive, also known as Union Avenue, Plan 9 and Lots 486-488, inclusive, Plan 297 to not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. Page 144 of 551 City of Niagara Falls 2021 Water & Wastewater Budget December 8, 2020Page 145 of 551 A GREAT CITY…FOR GENERATIONS TO COME Overview 2021 Utility Budget includes Water and Wastewater Two (2) tiered service delivery (Region/City of Niagara Falls) Breakdown of City and Region expenditures for 2021 Highlights and summary of rebate programs included in this budget Proposed 2021 rates and impacts on users Recommendation to approve the 2021 proposed rates effective January 1, 2021 Page 146 of 551 A GREAT CITY…FOR GENERATIONS TO COME Regional Municipality of Niagara Responsible for water/wastewater treatment facilities and pumping stations Responsible for part of the water network in the City Region rate structure for water is 75% variable, and 25% fixed Responsible for sewers spanning municipal a boundary Region rate structure for wastewater is 100% fixed Co-contributor to capital projects via combined sewer overflow (CSO) program Page 147 of 551 A GREAT CITY…FOR GENERATIONS TO COME City of Niagara Falls Responsibilities City Council is the Management Authority Operations administered by Municipal Works Staff Billing and Collection administered by Finance Staff Maintenance and replacement of utility infrastructure Responsible for directly charging residents For usage Provide customer service to ratepayers Page 148 of 551 A GREAT CITY…FOR GENERATIONS TO COME 2021 2020 Regional Costs $11,727,910 52%$12,155,085 54% City Costs 10,861,790 48%10,293,382 46% Total Expenses $22,589,700 100%$22,448,467 100% 52%48%Page 149 of 551 A GREAT CITY…FOR GENERATIONS TO COME Expenses 2021 2020 Variance ($) Variance (%) Regional Charges - Volumetric 8,780,070 9,143,925 (363,855)(3.98)% Regional Charges -Fixed 2,947,840 3,011,160 (63,320)(2.10)% Transfer to Capital 5,400,000 5,000,000 400,000 8.00% Net City Operating Charges 5,461,790 5,293,382 168,408 3.18% Total Expenses 22,589,700 22,448,467 141,233 0.63% Non Rate Revenue*(626,387)(605,712)(20,675)3.41% Amount to be Raised from Rates 21,963,313 21,842,755 120,558 0.55% * Includes user fees (account set up, disconnection/reconnection fees), flat rate fees, stand pipe fees, penalties, water meter sales and other revenue Page 150 of 551 A GREAT CITY…FOR GENERATIONS TO COME Water Expenditures –Key Points Regional costs in 2021 are based on 75% volumetric ($8,841,781) 25% fixed ($2,956,366) $5.40M capital transfer still lower than AMP requirements of $6.08M* This is (was) partially offset by the use of OLG Contribution funds. 75% Volumetric Budgeted Transfer AMP Requirement *Per 2013 Asset Management Plan ~$700,000 $6.08M $5.40M Page 151 of 551 A GREAT CITY…FOR GENERATIONS TO COME Rebate Programs -Water Budget Senior Water Account Rebate•2021 budget $75,000 •750 rebates (603 to date in 2020) •$100 account credit if: •City of NF water customer and Property Owner who is residing at property •Age 65 or over on June 30 of current year •Receiving Federal Guaranteed Income Supplement High Water Consumption Adjustment•2021 budget of $25,000 ($28,500 in adjustments approved in 2020 to date) •Rebate of 50% of volumetric charge per m3 on excess consumption during a period of a leak •Residential customers only •One-time only rebate, per account holder, per property address Page 152 of 551 A GREAT CITY…FOR GENERATIONS TO COME Rebate Programs -Water Budget Sod Watering Rebate•2021 budget of $2,000 •200 applications •$10.00 sod watering rebate to: •Any resident who experienced sod damage as a result of City of NF operations Page 153 of 551 A GREAT CITY…FOR GENERATIONS TO COME 2021 2020 Regional Costs $13,381,018 55%$14,326,666 59% City Costs 10,844,380 45%10,156,801 41% Total Expenses $24,225,398 100%$24,483,467 100% 55%45%Page 154 of 551 A GREAT CITY…FOR GENERATIONS TO COME Wastewater Budget Expenditures –Detail Expenses 2021 2020 Variance ($) Variance (%) Regional Charges -Fixed 13,381,018 14,326,666 (945,648)(6.60)% Transfer to Capital 5,400,000 5,000,000 400,000 8.00% Net City Operating Charges 5,444,380 5,156,801 287,579 5.58% Total Expenses 24,225,398 24,483,467 (258,069)(1.05)% Non Rate Revenue*(1,401,100)(1,510,997)109,897 (7.27)% Amount to be Raised from Rates 22,824,298 22,972,470 (148,172)(0.64)% * Includes, flat rate fees, sewer lateral cleaning fees, penalties, transfers from DCs, and special purpose reserves Page 155 of 551 A GREAT CITY…FOR GENERATIONS TO COME Wastewater Expenditures –Key Points Annual treatment costs from Region are 100% fixed $5.40M capital transfer still lower than AMP requirements of $6.50M* This is (was) partially offset by the use of OLG Contribution funds. Budgeted Transfer AMP Requirement *Per 2013 Asset Management Plan ~$1,100,000 $6.50M $5.40MDebt servicing of $846,800 is offset by contribution from DCs Page 156 of 551 A GREAT CITY…FOR GENERATIONS TO COME Rebate Programs -Wastewater Budget Weeping-Tile Removal Assistance (WRAP) Program•2021 budget of $500,000 •Up to 96 applications (103 applications received in 2020 to date) •Maximum $4,000 (Inc. HST) •Weeping-tile investigation and disconnection •Sump pump and backup •Maximum $1,200 (Inc. HST) •Weeping-tile investigation •Purchase and installation of Backwater Valve to prevent sewage flows from backing up into the basement Page 157 of 551 A GREAT CITY…FOR GENERATIONS TO COME 2021 Rate Structure Positive results from 2016 rate review. Council kept 2016 rates the same as 2015. 2016 = 2015 60/40 CollectionCurrent Rate Review 2016 2015 City has engaged BMA Consulting to do a rate review this year, with final report expected in 2021. 2021 allocation: 60.50% / 39.50% variable / fixed charges 60% / 40% –water 61% / 39% –sewer Page 158 of 551 A GREAT CITY…FOR GENERATIONS TO COME 2021 Proposed Rates 2021 2020 Variance ($) Water Fixed (annual)$240.48 $243.84 ($3.36) Volumetric (per m3)$1.121 $1.104 $0.017 Wastewater Fixed (annual)$243.72 $243.72 $0.00 Volumetric (per m3)$1.212 $1.228 ($0.016) Fixed Overall annual decrease of $3.36 (annual)($484.20 vs. $487.56 in 2020) Volumetric Overall increase of $0.001/m3 (per m3)($2.333 vs. $2.332 in 2020) Regional Municipality of Niagara has committed to increasing water by 3.8% and wastewater by 6.0% (average 4.9%) for the next five (5) years in an effort to move towards sustainability. Page 159 of 551 A GREAT CITY…FOR GENERATIONS TO COME Historical Rates –Volumetric Charge (Combined) $1.893 $1.919 $1.919 $1.954 $2.027 $2.206 $2.206 $2.188 $2.216 $2.318 $2.332 $2.333 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Volumetric Charge Water/Wastewater Combined (per m3)Page 160 of 551 A GREAT CITY…FOR GENERATIONS TO COME Historical Rates –Fixed Charge (Combined) $42.08 $42.08 $42.08 $42.28 $42.28 $41.43 $41.43 $39.66 $39.39 $41.43 $40.63 $40.35 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Fixed Charge Water/ Wastewater Combined (per month)Page 161 of 551 A GREAT CITY…FOR GENERATIONS TO COME Number of Active Accounts by Meter Size Meter Size 2020 % of Total 2019 Variance 5/8" x 3/4"29,878 96.63%29,695 183 1"346 1.12%332 14 1 1/2"247 0.80%235 12 2"300 0.97%293 7 3"81 0.26%78 3 4"41 0.13%36 5 6"22 0.07%22 0 8"3 0.01%3 0 10"1 0.00%1 0 30,919 100%30,695 224 Page 162 of 551 A GREAT CITY…FOR GENERATIONS TO COME Impact on 5/8” x 3/4” Meter Size Low Water User (84 m3) Average Water User (176 m3) High Water User (268 m3) Three (3) scenarios: 96% R1 5/8” x 3/4" meters make up 96% of the system Page 163 of 551 A GREAT CITY…FOR GENERATIONS TO COME Impact on 5/8” x ¾” Meter Size (96% of System) Rate Comparison 2020 2019 2020 2019 2020 2019 Annual Usage:84 m3 176 m3 268 m3 Water Fixed (annual)$240.48 $243.84 $240.48 $243.84 $240.48 $243.84 Volumetric (per m3)$94.16 $92.74 $197.30 $194.30 $300.43 $295.87 Wastewater Fixed (annual)$243.72 $243.72 $243.72 $243.72 $243.72 $243.72 Volumetric (per m3)$101.81 $103.15 $213.31 $216.13 $324.82 $329.10 Total $680.17 $683.45 $894.81 $897.99 $1,109.44 $1,112.54 Total Annual Change ($3.28)($3.18)($3.09) Total Monthly Change ($0.27)($0.27)($0.26)Page 164 of 551 A GREAT CITY…FOR GENERATIONS TO COME Annual Residential Charges Comparison to LAMs Municipality 84 m³ (Annual Cost)Municipality 176 m³ (Annual Cost)Municipality 268 m³ (Annual Cost) Port Colborne $1,161.47 Port Colborne $1,414.19 Fort Erie $1,732.98 Fort Erie $1,093.03 Fort Erie $1,413.01 Welland $1,697.27 NOTL $851.43 Welland $1,230.84 Port Colborne $1,666.92 West Lincoln $793.28 NOTL $1,105.64 West Lincoln $1,387.60 Welland $764.41 West Lincoln $1,090.44 Lincoln $1,368.26 Thorold $741.02 Thorold $1,035.98 NOTL $1,359.86 Niagara Falls $680.17 Lincoln $945.79 Thorold $1,330.93 St. Catharines $584.99 Niagara Falls $894.81 St. Catharines $1,202.68 Pelham $575.03 St. Catharines $893.83 Niagara Falls $1,109.44 Lincoln $523.33 Pelham $819.71 Pelham $1,058.40 Average $776.82 Average $1,084.42 Average $1,391.43 Note: 2020 rates of Local Area Municipalities (LAMs) compared to proposed 2021 rates for the City of Niagara Falls at the low, average and high consumption scenarios. Page 165 of 551 A GREAT CITY…FOR GENERATIONS TO COME Monthly Fixed Charges by Meter Size Meter Size 2021 2020 Variance 5/8" x 3/4“$40.35 $40.63 ($0.28) 1"$54.47 $48.76 $5.71 1 1/2"$137.18 $130.01 $7.17 2"$266.29 $255.97 $10.32 3"$528.55 $516.00 $12.55 4"$948.16 $934.48 $13.68 6"$1,815.63 $1,787.70 $27.93 8"$3,211.65 $3,209.74 $1.91 10"$4,518.90 $4,469.26 $49.64 Note: 96% of the water system utilizes a 5/8” x 3/4“ meter Page 166 of 551 A GREAT CITY…FOR GENERATIONS TO COME Dashboard Update As of Nov 23, 2020: To sign up please visit: https://niagarafall s.ca/dashboard/l ogin/default.aspx 5,775 accounts signed up on our dashboard Page 167 of 551 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the 2021 Water and Wastewater Budget and associated rates, as presented.Page 168 of 551 A GREAT CITY…FOR GENERATIONS TO COME Questions?Page 169 of 551 1 Summaries 2 Water Budget 3 Waste Water Budget Page 170 of 551 Index SUMMARIES Water Summary Wastewater Summary Page 171 of 551 Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 40,000 40,000 0 0.00% Penalties 62,700 47,025 15,675 33.33% Sales 165,000 165,000 0 0.00% User Fees 22,322,000 22,196,442 125,558 0.57% Miscellaneous Revenue 22,589,700 22,448,467 141,233 0.63% From Special Purpose Reserves 0 0 0 #DIV/0! Internal Transfers 0 0 0 #DIV/0! TOTAL REVENUE 22,589,700 22,448,467 141,233 0.63% EXPENSES Labour 2,168,358 2,240,850 (72,492)-3.24% Employee Benefits Allocation 643,237 640,620 2,617 0.41% Overtime 77,000 82,000 (5,000)-6.10% Labour and Benefits 2,888,595 2,963,470 (74,875)-2.53% Advertising/News Release 2,500 6,000 (3,500)-58.33% Conferences/Conventions 5,400 5,400 0 0.00% Insurance Premiums 126,348 114,950 11,398 9.92% Materials 767,856 794,625 (26,769)-3.37% Membership/Subscriptions 985 985 0 0.00% Office Supplies 13,000 13,000 0 0.00% Professional Development 28,000 27,500 500 1.82% WSIB 10,000 20,000 (10,000)-50.00% Materials 954,089 982,460 (28,371)-2.89% Electricity 400 500 (100)-20.00% Utilities 400 500 (100)-20.00% Contracted Services 9,748,370 10,015,375 (267,005)-2.67% Fixed Regional Charges 2,947,840 3,011,160 (63,320)-2.10% Contracted Services 12,696,210 13,026,535 (330,325)-2.54% Rents and Financial Expenses 200,895 120,000 80,895 67.41% Internal Rent 347,840 355,502 (7,662)-2.16% To Capital 5,400,000 5,000,000 400,000 8.00% To Operating (Indirect Costs)101,671 0 101,671 #DIV/0! To Special Purpose Reserves 0 0 0 #DIV/0! Internal Transfers 5,849,511 5,355,502 494,009 9.22% TOTAL EXPENSES 22,589,700 22,448,467 141,233 0.63% (Surplus)/Deficit 0 0 0 #DIV/0! 2021 Budget to 2020 Budget Comparison WATER 1 Page 172 of 551 WASTEWATER Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 0 0 0 #DIV/0! Penalties 69,300 51,975 17,325 33.33% User Fees 22,984,298 23,132,470 (148,172)-0.64% Miscellaneous Revenue 23,053,598 23,184,445 (130,847)-0.56% From Special Purpose Reserves 325,000 425,000 (100,000)-23.53% From Development Charges 846,800 874,022 (27,222)-3.11% Internal Transfers 1,171,800 1,299,022 (127,222)-9.79% TOTAL REVENUE 24,225,398 24,483,467 (258,069)-1.05% EXPENSES Labour 1,331,051 1,158,312 172,739 14.91% Employee Benefits Allocation 391,537 337,030 54,507 16.17% Overtime 31,000 31,000 0 0.00% Labour and Benefits 1,753,588 1,526,342 227,246 14.89% Insurance Premiums 139,598 130,217 9,381 7.20% Materials 311,750 279,500 32,250 11.54% Office Supplies 350 350 0 0.00% WSIB 30,000 25,000 5,000 20.00% Materials 481,698 435,067 46,631 10.72% Electricity 32,700 30,300 2,400 7.92% Utilities 32,700 30,300 2,400 7.92% Contracted Services 1,950,000 1,986,000 (36,000)-1.81% Fixed Regional Charges 13,381,018 14,326,666 (945,648)-6.60% Contracted Services 15,331,018 16,312,666 (981,648)-6.02% Rents and Financial Expenses 165,275 190,275 (25,000)-13.14% Long Term Interest 248,122 275,344 (27,222)-9.89% Long Term Debt 598,678 598,678 0 0.00% Debt Charges 846,800 874,022 (27,222)-3.11% Internal Rent 112,648 114,795 (2,147)-1.87% Transfer to Capital 5,400,000 5,000,000 400,000 8.00% Transfer to Operating (Indirect Costs)101,671 0 101,671 #DIV/0! Transfer to Special Purpose Reserves 0 0 0 #DIV/0! Internal Transfers 5,614,319 5,114,795 499,524 9.77% TOTAL EXPENSES 24,225,398 24,483,467 (258,069)-1.05% (Surplus)/Deficit 0 0 0 #DIV/0! 2021 Budget to 2020 Budget Comparison 2 Page 173 of 551 Index WATER BUDGET Auditing Services Insurance Claims Revenues &Receivables System Maintenance Regional Charges Water Systems Research &Development Page 174 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 23, 2020 Time :1:26 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-3-123010-??????To :15-4-123010-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 123010-->AUDITING SERVICES 3-->EXPENSE 15-3-123010-040000 CONTRACTED SERVICES 10,000 10,000 Total EXPENSE 10,000 10,000 AUDITING SERVICES Surplus/Deficit 10,000 10,000 Total CITY WATER FUND 10,000 10,000 3 Page 175 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 23, 2020 Time :1:27 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-3-132015-??????To :15-4-132015-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 132015-->INSURANCE CLAIM SERVICES 3-->EXPENSE 15-3-132015-030000 MATERIALS 40,000 40,000 Total EXPENSE 40,000 40,000 INSURANCE CLAIM SERVICES Surplus/Deficit 40,000 40,000 Total CITY WATER FUND 40,000 40,000 4 Page 176 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 23, 2020 Time :1:28 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-3-133005-??????To :15-4-133005-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 133005-->REVENUES AND RECEIVABLES 3-->EXPENSE 15-3-133005-010000 LABOUR 390,995 335,744 15-3-133005-010013 EMPLOYEE BENEFITS ALLOCATION 113,269 90,222 15-3-133005-010016 OVERTIME 1,000 1,000 15-3-133005-030000 MATERIALS 158,000 157,000 15-3-133005-030005 PROFESSIONAL DEVELOPMENT/WORKS 500 0 15-3-133005-030015 ADVERTISING/NEWS RELEASE 1,000 1,000 15-3-133005-030035 OFFICE SUPPLIES 11,500 11,500 15-3-133005-040000 CONTRACTED SERVICES 193,000 193,000 15-3-133005-050000 RENTS AND FINANCIAL EXPENSES 124,620 120,000 Total EXPENSE 993,884 909,466 REVENUES AND RECEIVABLES Surplus/Deficit 993,884 909,466 Total CITY WATER FUND 993,884 909,466 5 Page 177 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 30, 2020 Time :12:14 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-3-431000-??????To :15-4-431000-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 431000-->SYSTEM MAINTENANCE WATERWORKS 3-->EXPENSE 15-3-431000-010000 LABOUR 1,572,579 1,704,336 15-3-431000-010013 EMPLOYEE BENEFITS ALLOCATION 470,763 494,222 15-3-431000-010016 OVERTIME 75,000 80,000 15-3-431000-030000 MATERIALS 569,856 597,625 15-3-431000-030005 PROFESSIONAL DEVELOPMENT/WORKS 27,500 27,500 15-3-431000-030007 ELECTRICITY 400 500 15-3-431000-030015 ADVERTISING/NEWS RELEASE 1,500 5,000 15-3-431000-030017 INSURANCE PREMIUMS 126,348 114,950 15-3-431000-030018 CONFERENCES/CONVENTIONS 2,000 2,000 15-3-431000-030035 OFFICE SUPPLIES 1,500 1,500 15-3-431000-030045 WSIB 10,000 20,000 15-3-431000-040000 CONTRACTED SERVICES 740,300 658,450 15-3-431000-050000 RENTS AND FINANCIAL EXPENSES 76,275 0 15-3-431000-080001 TO CAPITAL 5,400,000 5,000,000 15-3-431000-080003 TO OPERATING 101,671 0 15-3-431000-090000 INTERNAL RENT 347,840 355,502 Total EXPENSE 9,523,532 9,061,585 4-->REVENUE 15-4-431000-710000 USER FEES -25,000 -20,000 15-4-431000-710014 WATER VOLUMETRIC CHARGES -13,177,988 -13,105,653 15-4-431000-710015 WATER FIXED CHARGES -8,785,325 -8,737,102 15-4-431000-710016 WATER FLAT RATE FEES -170,000 -170,000 15-4-431000-710017 WATER STAND PIPE FEES -88,687 -88,687 15-4-431000-710018 WATER TRANSFER AND SHUT OFF FE -75,000 -75,000 15-4-431000-740000 PENALTIES ON WATER -62,700 -47,025 15-4-431000-770000 SALES -165,000 -165,000 15-4-431000-790000 OTHER REVENUE -40,000 -40,000 Total REVENUE -22,589,700 -22,448,467 SYSTEM MAINTENANCE WATERWORKS Surplus/Deficit -13,066,168 -13,386,882 Total CITY WATER FUND -13,066,168 -13,386,882 6 Page 178 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Dec 06, 2020 Time :12:47 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-3-432???-??????To :15-4-432???-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 432000-->REGIONAL CHARGES WATERWORKS 3-->EXPENSE 15-3-432000-040000 REGIONAL VOLUMETRIC CHARGES 8,780,070 9,143,925 15-3-432000-040004 FIXED REGIONAL CHARGES 2,947,840 3,011,160 Total EXPENSE 11,727,910 12,155,085 REGIONAL CHARGES WATERWORKS Surplus/Deficit 11,727,910 12,155,085 Total CITY WATER FUND 11,727,910 12,155,085 7 Page 179 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 23, 2020 Time :1:30 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-3-433000-??????To :15-4-433000-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 433000-->WATER SYSTEMS RESEARCH & DEVELOPMENT 3-->EXPENSE 15-3-433000-010000 LABOUR 204,784 200,770 15-3-433000-010013 EMPLOYEE BENEFITS ALLOCATION 59,205 56,176 15-3-433000-010016 OVERTIME 1,000 1,000 15-3-433000-030018 CONFERENCES/CONVENTIONS 3,400 3,400 15-3-433000-030034 MEMBERSHIP / SUBSCRIPTIONS 985 985 15-3-433000-040000 CONTRACTED SERVICES 25,000 10,000 Total EXPENSE 294,374 272,331 WATER SYSTEMS RESEARCH & DEVELOPMENT Surplus/Defic 294,374 272,331 Total CITY WATER FUND 294,374 272,331 8 Page 180 of 551 Index WASTE WATER BUDGET Insurance Claims System Maintenance Regional Charges Sanitary Systems Research &Development Page 181 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 23, 2020 Time :1:31 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :16-3-132015-??????To :16-4-132015-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 16-->CITY SANITARY SEWER FUND 132015-->INSURANCE CLAIM SERVICES 3-->EXPENSE 16-3-132015-030000 MATERIALS 75,000 75,000 Total EXPENSE 75,000 75,000 INSURANCE CLAIM SERVICES Surplus/Deficit 75,000 75,000 Total CITY SANITARY SEWER FUND 75,000 75,000 9 Page 182 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 30, 2020 Time :12:15 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :16-3-411000-??????To :16-4-411000-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 16-->CITY SANITARY SEWER FUND 411000-->SYSTEM MAINTENANCE SANITARY SEWER 3-->EXPENSE 16-3-411000-010000 LABOUR 1,126,267 957,542 16-3-411000-010013 EMPLOYEE BENEFITS ALLOCATION 332,332 280,854 16-3-411000-010016 OVERTIME 30,000 30,000 16-3-411000-020000 LONG TERM INTEREST 248,122 275,344 16-3-411000-030000 MATERIALS 209,750 177,500 16-3-411000-030007 ELECTRICITY 32,700 30,300 16-3-411000-030017 INSURANCE PREMIUMS 139,598 130,217 16-3-411000-030035 OFFICE SUPPLIES 350 350 16-3-411000-030045 WSIB 30,000 25,000 16-3-411000-040000 CONTRACTED SERVICES 1,175,000 1,036,000 16-3-411000-050000 RENTS AND FINANCIAL EXPENSES 165,275 190,275 16-3-411000-070000 LONG TERM DEBT PRINCIPAL 598,678 598,678 16-3-411000-080001 TO CAPITAL 5,400,000 5,000,000 16-3-411000-080003 TO OPERATING 101,671 0 16-3-411000-090000 INTERNAL RENT 92,700 91,132 Total EXPENSE 9,682,443 8,823,192 4-->REVENUE 16-4-411000-710000 SEWER VOLUMETRIC CHARGES -13,922,822 -14,242,931 16-4-411000-710010 SEWER FIXED CHARGES -8,901,476 -8,729,539 16-4-411000-710011 SEWER FLAT RATE CHARGES -150,000 -150,000 16-4-411000-710012 SEWER LATERAL CLEANING -10,000 -10,000 16-4-411000-740000 PENALTIES ON SEWER -69,300 -51,975 16-4-411000-780003 FROM SPECIAL PURPOSE RESERVES -75,000 0 16-4-411000-780009 TRSF FROM DEVELOPMENT CHARGE R -846,800 -874,022 Total REVENUE -23,975,398 -24,058,467 SYSTEM MAINTENANCE SANITARY SEWER Surplus/Deficit -14,292,955 -15,235,275 Total CITY SANITARY SEWER FUND -14,292,955 -15,235,275 10 Page 183 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Dec 06, 2020 Time :12:49 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :16-3-412???-??????To :16-4-412???-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 16-->CITY SANITARY SEWER FUND 412000-->REGIONAL CHARGES SANITARY SEWER 3-->EXPENSE 16-3-412000-040000 CONTRACTED SERVICES 13,381,018 14,326,666 Total EXPENSE 13,381,018 14,326,666 REGIONAL CHARGES SANITARY SEWER Surplus/Deficit 13,381,018 14,326,666 Total CITY SANITARY SEWER FUND 13,381,018 14,326,666 11 Page 184 of 551 GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 23, 2020 Time :1:33 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :16-3-413000-??????To :16-4-413000-?????? 2021 2020 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 16-->CITY SANITARY SEWER FUND 413000-->SANITARY SYSTEMS RESEARCH & DEVELOPMENT 3-->EXPENSE 16-3-413000-010000 LABOUR 204,784 200,770 16-3-413000-010013 EMPLOYEE BENEFITS ALLOCATION 59,205 56,176 16-3-413000-010016 OVERTIME 1,000 1,000 16-3-413000-030000 MATERIALS 27,000 27,000 16-3-413000-040000 CONTRACTED SERVICES 775,000 950,000 16-3-413000-090000 INTERNAL RENT 19,948 23,663 Total EXPENSE 1,086,937 1,258,609 4-->REVENUE 16-4-413000-780003 FROM SPECIAL PURPOSE RESERVES -250,000 -425,000 Total REVENUE -250,000 -425,000 SANITARY SYSTEMS RESEARCH & DEVELOPMENT Surplus/De 836,937 833,609 Total CITY SANITARY SEWER FUND 836,937 833,609 12 Page 185 of 551 TS-2020-35 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transit Services Department SUBJECT: TS-2020-35 Transit Strategic Business Plan & Ridership Growth Strategy: Five-Year Update (2021-2025) RECOMMENDATION 1. That the Transit Strategic Business Plan and Ridership Growth Strategy: Five- Year Update be received for the information of Council. 2. That any 2021 financial impacts resulting from implementing recommendations within the Transit Strategic Business Plan and Ridership Growth Strategy: Five- Year Update be forwarded for consideration as part of the 2021 Budget deliberations. EXECUTIVE SUMMARY Council engaged IBI Consulting Group through the 2019 Capital Budget process to complete a 5-Year Update to the existing ‘Transit Strategic Business Plan and Ridership Growth Strategy’ for the City of Niagara Falls which was initiated in 2014. Over the last 18 months, staff has worked actively with the consultant to complete an update based on 2019 system data. This update comes to key conclusions on the capital and operating needs of the system and makes recommendations to address the immediate and short to medium-term transit needs of the transit operation. With a desire to meet the broader transportation requirements of public transit within the community and to meet the needs of the City’s transit users, the update (through studying demonstrated travel patterns and changes to the service since the adoption of the last version of this plan was completed in 2009) provides an action plan to follow as Council considers the future of transit in Niagara Falls. With the Regional Municipality of Niagara’s transit governance issue slated to be decided by local and regional governments in early to mid-2021, consideration for establishing the level of service required in Niagara Falls, whether or when it is to be assumed by any other entity, is preferable now to ensure local needs are met during any transition and assumption period of a new transit entity who would have to balance multiple transit priorities across the region. Page 186 of 551 2 TS-2020-35 December 8, 2020 BACKGROUND Where we’ve been: Council engaged IBI Consulting Group in January 2008 to complete a ‘Transit Strategic Business Plan and Ridership Growth Strategy’ for the City of Niagara Falls. Over a period of two years staff and the consultant initiated and Council adopted all five phases of the Plan to set the way forward as the City assumed transit provision from the former transit Commission. The five phases of this work were: 1. Data Collection & Public Outreach 2. Policy Framework 3. Needs Assessment 4. Long Term Strategic Plan 5. Short Term Business Plan In 2011, Council established a Transit Routing Ad-hoc Advisory Committee. The Committee assisted staff in undertaking extensive public consultation and further guided routing and service level setting for the community. The Committee developed a comprehensive ‘Routing & Scheduling Implementation Plan’ that reflected new and expected development, traffic pressures and increasing tourism while addressing dramatically changing transportation needs for existing users and new riders in the community. This plan was key in developing and informing the 2013 ‘Conventional Transit Routing & Scheduling Revitalization Action Plan’ that reformed the community’s existing transit service at the time and was eventually initiated in 2014. The reformed 2014 version of Niagara Falls Transit service was just the beginning of the service model our community has in place for transit provision today. Since 2014, Council has approved or adopted a number of phased in or recommended service enhancements. For example, Council has committed to establishing 30 minute peak service on daytime routes over the last 5 years and has incrementally (based on budget) initiated most day routes with peak service. They directed staff to initiate a new route #211 to provide evening services based on ridership pressures in 2017 and have addressed key community development through approving the rerouting of buses onto the new Smart Centre on Oakwook Drive in 2011. Staff has consistently identified need by ridership, recommended service based on the initial recommendations of the ‘Transit Strategic Business Plan and Ridership Growth Strategy’ and met financial expectations of service setting through budget requests and annual deliberations. Where we are : In 2019, Council approved a 5-year Update to the original ‘Transit Strategic Business Plan and Ridership Growth Strategy’ to ensure they were provided with a full picture of the existing system’s performance, required levels of transit service needed now and how the community’s needs had been met or had evolved over the last decade. The update outlines the shorter-term needs of the operation and the City for the period of 2021 to Page 187 of 551 3 TS-2020-35 December 8, 2020 2025 and reflects the immediate recommended transit enhancements needed by the community of Niagara Falls as it considers amalgamation of transit across the region of Niagara and eventually considers uploading its transit assets to any new governed entity. The project was defined by six tasks to be completed by the Consultant: TASK 1 Staffing & Organizational Review Focusing on existing & needed staff resources of the service. Review of organizational structure, hours of work, responsibilities and shift design of Supervision TASK 2 Data Processing & Management Reporting Review of existing data tools and systems (fare boxes, CAD/AVL etc.). Identify needs and opportunities and establish performance metrics. TASK 3 Service & Route Review 3A) Route & System review 3B) Needs & Opportunities 3C) Use of WEGO Services 3D) Transfer Policies Critical analysis of existing transit system and its performance. TASK 4 New 5-Year Service Plan Build on the service plan of the initial Transit Strategic Business Plan & Ridership Growth Strategy. Reflect changes to transit route, fleet & service network and related policies responding to the needs identified in Task 3. Include phased implementation plan to guide changes over the 5-year period of 2021-2025. TASK 5 Final report Following receipt of comments from City staff the report will be provided for Council adoption. TASK 6 Bus Operator Work Schedules Assist in developing work schedule, retention and recruitment strategies. The final report as discussed above in Task 5 is attached to this report for Council’s review and adoption. The report was vetted with City staff and includes Task 3, 4 and 6 findings and recommendations. The report further provides Council with key recommendations to address needs and opportunities identified in Tasks 1 and 2 with regards to improving staff work arrangements and data collection and use. Some of these recommendations that required no financial investment by Council outside of budget deliberations in 2020, have been initiated. Page 188 of 551 4 TS-2020-35 December 8, 2020 Where we’re going: The 5-Year Update prepared and submitted for adoption in 2020 is intended to reflect the City and Council’s wish to build upon its successful transit operating and capital plan in place and to prepare transit for the challenges that are coming in the immediate future and next 5 years (2021-2025). The update provides ‘Base Year’ operating and fleet information of the City’s existing system based on 2019 statistics, assets and performance metrics and builds a series of phased in recommendations to meet the operating and fleet needs as identified through the six tasks of the project. The highlights of the 5-Year operating plan can be achieved in the order as presented or broken out into further phases based on financial considerations and are as follows: YEAR 1 Extend Route 104 onto Lundy’s Lane, replace CITY WEGO Red Line service Discontinue CITY transfers on/ off WEGO service Increase frequency on Route 103 Realign terminal loop of Route 106 (Chippawa) Remove all existing evening 200-series service and replace with 100-series daytime service levels Remove evening Transcab zone (Glenview) as will be replaced with all day/night Route 108 service YEAR 2 Introduce evening service on Routes 102 & 112 Add Route 208 to Sunday & Holiday service Allocate demand-response levels of service to new developments YEAR 3 Improve peak service frequencies to make all NFT routes on 30-minute frequency in peak times Allocate more demand-responsive levels of service to new development areas YEAR 4 Replace 200-series Sunday & holiday service and routes with 100-series service levels YEAR 5 Introduce Sunday & Holiday service on Routes 102 & 112 Extend the span of service on Sunday & Holidays to match weekdays (6:00 am to 11:30 pm) The update provides further route and service recommendations to 2030 (Years 6 to 10) based on key trip generators in the future and potential corridors of needed service (i.e. pressures from development). The recommendations and opportunities in the extended 6 – 10 year section of the update are built on the implementation of the 5-Year Update recommendations being brought to fruition and having demonstrated success in system performance and increased ridership. Page 189 of 551 5 TS-2020-35 December 8, 2020 Further, the update summarizes the actions and investments required in capital purchases of fleet and infrastructure to maintain, secure and enhance the City’s transit system past 2021. Also recommended for future planning is a full list of actions that transit staff may undertake through a thorough review of the transit service’s technology and data resources. This review was requested to assist staff in managing the evolving and increasingly necessary technological components in providing public transportation effectively (i.e. CAD/AVL, fareboxes and mobile ticketing validators, camera systems). Finally, the consultant has prepared and provided a financial and staffing plan for the first 5-year period. While acknowledging the current COVID-19 state of uncertainty regarding revenues and cost unknowns, the update provides estimates for operating and capital budgets based on recommendations throughout the update and 2019 known budgets. ANALYSIS/RATIONALE Council will be receiving presentations and reports shortly after this one with regards to the future state of transit in Niagara. In their decision-making Council should feel assured that regardless of what entity (regional or local) has oversight of public transportation in Niagara Falls that the community has the service it needs today and that it will continue to have or work toward such in future. Having a transit system capital and operating plan in place that reflects a thorough needs assessment for the immediate and short-term future allows Council to know that the service planning and investment that the City has made to date will be reflected in a service that continues to provide excellence to its residents and riders. Preparing and framing a report and plan for Council that recommends continued investment and future planning at a time when the community, country and world are struggling with great unknowns during a pandemic is a challenge. Regardless of the current state of affairs, we must be ready to recover, revitalize through expansion and renew commitments to service. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Currently, the 2020 Capital Plan for transit is complete, with no new capital requests being made of Council for this budget year. Delivery of replacement and expansion fleet assets purchased for 2020 are expected shortly in 2021. Chair-A-Van service fleet purchased in 2020 based on our fleet replacement planning have been received and will be in-service shortly. The current state of the fleet is good and we are in a position to prepare and undertake many of the ICIP (Infrastructure Canada Investment Program) projects approved by Page 190 of 551 6 TS-2020-35 December 8, 2020 Council in 2020 and 2021 that will positively impact service by enhancing our infrastructure, facility, fleet and technological resources. The financial impacts of COVID-19 on our 2021 Operating Budget and revenues will be presented to Council through budget deliberations. Options regarding recommendations within the Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update will be provided to Council at that time. CITY’S STRATEGIC COMMITMENT Committed to employing a safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options to the auto, thereby, creating a City that is truly accessible to locals and visitors. LIST OF ATTACHMENTS Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update Recommended by: Carla Stout, General Manager of Transit Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 191 of 551 December 8, 2020 Transit Strategic Business Plan & Ridership Growth Strategy: 5-Year Update Page 192 of 551 A GREAT CITY…FOR GENERATIONS TO COME Background Official Plan 1993 (amended 2017) 2009 Transit Strategic Business Plan & Ridership Growth Strategy Sustainable Transportation Master Plan 2011 Ad-Hoc Transit Routing Advisory Committee & Public feedback/ focus groups 2011 Accessibility, Seniors & Mayor’s Youth Advisory Committees input Service Routing and Scheduling ‘Action Plan’ (undertaken in 2014) Phasing approach (8 Phases) adopted to implement original recommendations 6 budget years of incremental capital & operating enhancement (2014 to 2019) Capital Budget 2019 –Council approve 5-Year Update 2020 Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update Page 193 of 551 A GREAT CITY…FOR GENERATIONS TO COME 2014 Action Plan & Phasing Page 194 of 551 A GREAT CITY…FOR GENERATIONS TO COME Current City Service NFTS routes established in 2014 are largely unchanged 14 daytime Monday to Saturday routes/ 9 evening M –S and Sunday & Holidays/ 2 WEGO routes 30 minute peak services applied incrementally to date to best performing routes across the system Expanded evening routing (Added Route 211) Three Transcab areas (Chippawa Parkway/ Stanley Ave South & Glenview) Holiday & Sunday service hours increased to end at 9:00 pm in 2019 Page 195 of 551 A GREAT CITY…FOR GENERATIONS TO COME Current Challenges Service reflects decade-old+ community and transportation information Lack of service to major municipal (GALE) or public sites, GO Train station and new developments –geographic gaps in service On time performance due to changes in traffic, number & placement of stops per route Interlined evening 200-series routes timing issues Duplication of service along some routes impacts boardings/hour and reduces efficiency Need for city-centric dedicated NFTS service on Lundy’s Lane Page 196 of 551 A GREAT CITY…FOR GENERATIONS TO COME Current Challenges Transcab areas need review for on-demand services or fixed routing (Day and Evening) 30-minute PEAK service to be reviewed (Phases 1 to 8 in the 2014 Action Plan) Distinct high periods of service in am/pm peak and at particular seasons of the year –work & staff planning & schedule setting challenges Technologies onboard and at NFTS need stewardship and strategy for use/ lifecycle management Facility needs to address crowding and parking Page 197 of 551 A GREAT CITY…FOR GENERATIONS TO COME 5-Year Update: TASKS TASK 1 Staffing & Organizational Review Focusing on existing & needed staff resources of the service. Review of organizational structure, hours of work, responsibilities and shift design of Supervision TASK 2 Data Processing & Management Reporting Review of existing data tools and systems (fare boxes, CAD/AVL etc.). Identify needs and opportunities and establish performance metrics. TASK 3 Service & Route Review 3A) Route & System review 3B) Needs & Opportunities 3C) Use of WEGO Services 3D) Transfer Policies Critical analysis of existing transit system and its performance. TASK 4 New 5-Year Service Plan Build on the service plan of the initial Transit Strategic Business Plan & Ridership Growth Strategy. Reflect changes to transit route, fleet & service network and related policies responding to the needs identified in Task 3. Include phased implementation plan to guide changes over the 5-year period of 2021- 2025. TASK 5 Final report Following receipt of comments from City staff the report will be provided for Council adoption. TASK 6 Bus Operator Work Schedules Assist in developing work schedule, retention and recruitment strategies. •Service & Route Analysis •Staffing & Work Scheduling •Technologies Review •Capital Planning •Facility and Asset Management Plan •Policy Overview •Retention Strategies •Final Report Page 198 of 551 A GREAT CITY…FOR GENERATIONS TO COME Key Conclusions: Operating YEAR 1 ·Extend Route 104 onto Lundy’s Lane, replace CITY WEGO Red Line service ·Discontinue CITY transfers on/ off WEGO service ·Increase frequency on Route 103 ·Realign terminal loop of Route 106 (Chippawa) ·Remove all existing evening 200-series service and replace with 100-series daytime service levels ·Remove evening Transcab zone (Glenview) as will be replaced with all day/night Route 108 service YEAR 2 ·Introduce evening service on Routes 102 &112 ·Add Route 208 to Sunday &Holiday service ·Allocate demand-response levels of service to new developments YEAR 3 ·Improve peak service frequencies to make all NFT routes on 30-minute frequency in peak times ·Allocate more demand-responsive levels of service to new development areas YEAR 4 ·Replace 200-series Sunday &holiday service and routes with 100-series service levels YEAR 5 ·Introduce Sunday &Holiday service on Routes 102 &112 ·Extend the span of service on Sunday &Holidays to match weekdays (6:00 am to 11:30 pm)Page 199 of 551 A GREAT CITY…FOR GENERATIONS TO COME Key Conclusions: Capital BUSES (CITY)·Including 20%spare ratio for coverage =33 buses needed for service ·Beyond 5 years –development and service planning =41-43 buses/day ·CURRENT City fleet =29 Buses ·Three 40’buses approved in 2021 Capital Budget for delivery in 2022 FACILITIES ·WEGO Building expansion required to house and store vehicles appropriately indoors (Project approved in 2020 Capital Budget (ICIP)) ·Additional maintenance bays/in-ground hoist required to meet fleet needs (additional 18m buses)(Project(s)approved in 2020 Capital Budget (ICIP)) HUBS ·Morrison Dorchester HUB needs suitability review or redesign for viability based on congestion and longer-term need (Project approved in 2020 Capital Budget (ICIP)) ·Downtown Bus Terminal needs revitalization (Project approved in 2020 Capital Budget (ICIP)) ·Canadian Drive Hub –NEW ·Main and Ferry requires additional amenities (Work included in 2020 capital construction of Cultural Hub) STOPS &SHELTERS ·System requires additional shelters and accessible customer amenities (2019 NEW capital construction plan annually to build accessible bus stops and 2020 inventory of all onstreet assets &accessibility scan completed)Page 200 of 551 A GREAT CITY…FOR GENERATIONS TO COME Key Conclusions: Work Force Insufficient staff supervision (4 FTE supervisors) & project management –Through the 2019 operating budget –2 additional Transit Supervisors (6 FTE) were approved and hired, project management goals are set annually and shifts were changed to increase coverage Require dedicated training & development to ensure competency and to address risk management (accidents & performance) and retention issues –In 2019 we dedicated 1 FTE Transit Supervisor to Training & Development / coverage for supervisors Increase to compliment required to plan and manage the dispatch & scheduling office and increased administration support for management–Through the 2020 Operating budget an additional Dispatch & Scheduling Supervisor was added to plan/ manage service and create CONTROL Centre with evening/ weekend coverage. Through implementing new payroll technology – Clerks added capacity was dedicated to managers. Management of the assets (data, technology, capital and onstreet) is insufficient compared to the City’s investment –Reorganization 2020 –Hiring Intelligent Transportation Systems Coordinator to manage & maintain transit resources, vendors and assets in technologies (in office and onboard) and hardscape (bus stops) to initially address opportunities in the Data Systems Review Additional Bus Operators and Maintenance staff required through 5-Year Update plan – Collaborative improvement in scheduling is addressing retention and work/life balance Page 201 of 551 A GREAT CITY…FOR GENERATIONS TO COME Financial Planning Implementing any recommendations in 2021 requires: Council being provided the impacts of COVID-19 through the 2021 Operating Budget deliberations; Financially identifying what each recommendation in Year 1 of the 5-Year Update cost to deliver; Show Transit’s recommended plan for how and when to implement any outstanding 2014 Action Plan items and/ or Year 1 recommendations of the 5-Year Update; Provide options to be financially responsible and to address key issues in service setting over the short-term (2021); Plan to cost control roll out activities; and Report on financial & service performance to Council and the public. Council considering this plan in concert with any discussions on transit regionalization upcoming in 2021. Understanding the Region proposes to provide 2021 service levels as the minimum for the first 5 years of delivering transit as the new entity.Page 202 of 551 A GREAT CITY…FOR GENERATIONS TO COME Customer Service & Public Engagement Transit is Customer DRIVEN: Implementing any NEW plan requires: Defining our objectives to our riders and the community; Identifying how and when we are going to implement it; Provide the public opportunities to review the plan and to give us feedback; Planning, testing and proofing all improvements operationally; Providing great training to ensure Operator knowledge; Getting the tools and information where the rider needs it on the street, in their hand or even on their phone;and Being ready to support your customers through change and create capacity to meet the needs of a transition period.Page 203 of 551 A GREAT CITY…FOR GENERATIONS TO COME COVID-19 Impacts to 2020 Revenue and Operations Reduced fare revenues due to rear-door boarding & lower City/ WEGO/ IMT ridership Post-secondary campus closures reduced fares Essential trips only & reduced hours and levels of service Capacities onboard set by ‘status’ and with other transit agencies Reduced capacity periods onboard required extra buses/ drivers Wellness & Resilience of staff challenges Layoffs cycled by sign-up period and based on service need Significant cost pressures created by cleaning & barriers on fleet Facility changes for physical distancing Ongoing reductions in service (no 30 minute peak service today) “Regardless of the current state of affairs, we must be ready to recover, revitalize through expansion and renew commitments to service.” –TS-2020-35 Page 204 of 551 A GREAT CITY…FOR GENERATIONS TO COME Next Steps RECOMMENDED THAT: Council receive the Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update for their information. Any financial impacts resulting from implementing recommendations within the Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update be forwarded as part of the 2021 Budget deliberations.Page 205 of 551 Report Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update Transit Service Plan Prepared for the City of Niagara Falls by IBI Group November 20, 2020 Page 206 of 551 IBI GROUP REPORT TRANSIT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls Table of Contents November 20, 2020 i 1 Introduction ............................................................................................... 1 1.1 Background ...................................................................................... 2 1.2 Study Approach and Objectives ........................................................ 3 1.3 Report Structure ............................................................................... 4 2 Key Conclusions from Needs Assessment ............................................ 5 3 Service Plan Foundation ........................................................................ 10 3.1 Service Standards .......................................................................... 10 3.2 Target Service Hours ...................................................................... 12 3.3 WEGO Policy Changes .................................................................. 12 3.4 Transfer Policy Changes ................................................................ 13 3.5 High School Student Recommendations ........................................ 13 3.6 Bus Operator Scheduling Recommendations ................................. 14 4 Five Year Plan – Years 1 to 5 .................................................................. 16 4.1 Annual Network Changes ............................................................... 16 4.2 Ridership Projections ...................................................................... 31 5 Ten-Year Plan – Years 6 to 10 ................................................................ 32 5.1 Fixed-Route Changes ..................................................................... 32 5.2 Demand-Responsive Service Changes .......................................... 34 6 Infrastructure Plan .................................................................................. 35 6.1 Buses .............................................................................................. 35 6.2 Transit Services Facility .................................................................. 37 6.3 Transit Terminals/Hubs ................................................................... 38 6.4 Stops and Shelters ......................................................................... 40 Page 207 of 551 IBI GROUP REPORT TRANSIT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls Table of Contents (continued) November 20, 2020 ii 7 Transit Technology Plan ......................................................................... 42 7.1 Data Dashboards ............................................................................ 42 7.2 Automated Data Reports from CleverReports ................................ 44 7.3 Conclusions .................................................................................... 45 8 Financial and Staffing Plan .................................................................... 46 8.1 Financial Plan ................................................................................. 46 8.2 Staffing Plan ................................................................................... 49 9 Conclusions and Recommendations .................................................... 51 9.1 Key Conclusions ............................................................................. 51 9.2 Recommendations .......................................................................... 52 List of Appendices Appendix A – Organization and Staffing Review Memorandum ................ A-1 Appendix B – Data Systems Review Memorandum .................................... B-1 Appendix C – Service and Route Review Needs Assessment Report ...... C-1 Page 208 of 551 IBI GROUP REPORT TRANSIT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls Table of Contents (continued) November 20, 2020 iii Table of Exhibits Exhibit 3.1: Current Niagara Falls Transit Service Standards ............................ 10 Exhibit 4.1: Niagara Falls Transit Daytime Network (100-series routes) ............ 17 Exhibit 4.2: Niagara Falls Transit Evening, Sunday, and Holiday Network (200-series routes) .............................................................................. 18 Exhibit 4.3: Year 1 Service and Revenue Vehicle Hour Changes ..................... 20 Exhibit 4.4: Proposed Monday to Saturday Daytime Service with Year 1 Improvements ..................................................................................... 21 Exhibit 4.5: Year 2 Service and Revenue Vehicle Hour Changes ..................... 23 Exhibit 4.6: Proposed Sunday & Holiday Service with Year 2 Improvements .... 24 Exhibit 4.7: Year 3 Service and Revenue Vehicle Hour Changes ..................... 26 Exhibit 4.8: Year 4 Service and Revenue Vehicle Hour Changes ..................... 27 Exhibit 4.9: Year 5 Service and Revenue Vehicle Hour Changes ..................... 28 Exhibit 4.10: Proposed Year 5 Niagara Falls Transit Network ........................... 29 Exhibit 4.11: Summary of Revenue Vehicle Hour Changes in Years 1–5 .......... 30 Exhibit 4.12: Service Plan Ridership Estimate in Years 1–5 .............................. 31 Exhibit 5.1: Future Niagara Falls Transit Service Expansion Direction .............. 33 Exhibit 5.2: Potential Fixed-Route Service Additions in Years 6–10 .................. 34 Exhibit 6.1: Transit Fleet Summary – October 2020 .......................................... 35 Exhibit 6.2: Summary of Five-Year Bus Requirements ...................................... 37 Exhibit 7.1: Sample Custom NFT Data Dashboard ............................................ 43 Exhibit 7.2: On-Time Performance Report from CleverReports ......................... 44 Exhibit 8.1: Five-Year Service Plan Budget Forecast ........................................ 47 Exhibit 8.2: Bus Operator Requirements – Years 1 to 5 .................................... 50 Page 209 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 1 1 Introduction The City of Niagara Falls has initiated a study to identify its future public transit needs over the next five years as an update to the Transit Strategic Business Plan and Ridership Growth Strategy completed for the City in 2009. That report has served as the basis for transit service planning and investment since 2014. The timing of this study is important as the Region considers its path forward with regard to regionalizing public transit services. The scope of this review focuses on the city (urban) transit services delivered by the City. The key steps in this update include a critical review of the transit services provided, identification of challenges and opportunities related to individual transit routes and the Niagara Falls Transit system as a whole, and a new service plan for the next five years. Page 210 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 2 1.1 Background The City’s Transit Services Division is responsible for the planning, management and operation of the conventional and specialized transit services within the city. The conventional transit service, Niagara Falls Transit (NFT), consists of 25 fixed routes and demand-response services operated in the City. The specialized transit service, Chair-A-Van, is delivered under contract by a not-for-profit organization. As part of the conventional service, two routes that are part of the Visitor Transportation Service (VTS), or WEGO, the Red and Blue Lines, are included. These provide transit service for visitors and tourists in addition to residents. Transit Services also operates four inter-municipal transit routes on behalf of the Regional Municipality of Niagara providing connections to St. Catharines, Niagara-on-the-Lake, Welland, and Fort Erie. To enhance coverage for city travellers, TransCab service is offered in several areas of the city that do not have conventional transit service. The transit service plan focuses on the city’s conventional transit service (NFT), including the WEGO Red and Blue Lines, and TransCab services available to NFT riders. The plan does not review other WEGO services, inter-municipal (Niagara Region) transit services, or Chair-A-Van. In 2018, NFT carried nearly 1.8 million riders, representing a large increase over the past five years. This ridership growth is due to a combination of factors including an increase in international student enrollment at local post-secondary institutions and on-going development throughout the city and Niagara Region. This ridership growth has also been achieved as a result of the implementation of the 2009 Transit Strategic Business Plan and Ridership Growth Strategy commencing in 2014. Since that time, a number of changes to NFT services have occurred, some of which are based on the Transit Plan: The former Falls Shuttle Services were re-branded and integrated with the Niagara Parks Commission service as WEGO; Inter-municipal transit services were introduced by the Regional Municipality of Niagara operating as Niagara Region Transit. The City operates some of these services under contract to the Region. Transit services for the post-secondary institutions in the region are now fully public; NFT routes have been updated to operate a more grid-like network; Page 211 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 3 NFT service now operates routes with a mix of 30-minute and 60- minute frequencies, and service spans have been increased to provide more late-night coverage; and New vehicles have been added to the NFT fleet, specifically some 60-foot (articulated) buses. Given these changes, it is important to review the current state of the NFT system, identify progress made since the implementation of the Transit Plan in 2014, and determine appropriate next steps to ensure future success. 1.2 Study Approach and Objectives The primary objective of this study is to update the 2009 Transit Strategic Business Plan and Ridership Growth Strategy by responding to changes in the city since the introduction of that plan. Further, this study will help Transit Services meet goals established in the 2009 Transit Plan and identify opportunities to increase ridership through the next five years. In order to achieve these objectives, this study consists of the following six tasks: Review current staffing and organizational challenges and needs (Task 1); Identify opportunities to utilize transit data collected through existing technology systems to better monitor and manage the system (Task 2); Assess current and future route, route network, and service level needs (Task 3), including those related to: New service areas; The location of transit hubs; The potential for increased use of transit by students; WEGO; Transfer points and policies; Develop a five-year transit service action plan with resource and budget estimates, including future staffing and transit fleet requirements (Tasks 4 and 5); and Suggest improvements to bus operator work schedules (Task 6). Page 212 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 4 1.3 Report Structure This report presents the five-year transit service plan for Niagara Falls Transit (Tasks 4 and 5). The plan is described in the following eight chapters: Key Conclusions from Needs Assessment summarizes the major themes and next steps identified in the review of NFT’s current system and service, providing an overall direction for the new service plan; Service Plan Foundation outlines the overarching service and policy changes that support the new service plan, including changes to service levels, WEGO transfers, and transit operator work schedules; Five-Year Plan presents a year-by-year set of changes for the NFT network centred around four key themes; Ten-Year Plan identifies future areas for transit service, recommends longer-term transit corridors, and identifies future implementations of demand-responsive transit; Infrastructure Plan describes the infrastructure needs associated with the service changes in this plan, including bus needs, transit terminal and facility needs, and stop and shelter needs; Transit Technology Plan summarizes opportunities for Transit Services to leverage the transit data collected by automated systems and use it to identify and monitor key service trends; Financial and Staffing Plan describes the budgetary and staffing needs associated with the recommended five-year service changes; and Conclusions and Recommendations presents the main findings from this service plan and recommends the adoption of the plan by City Council. In addition to the above chapters, the following three appendices are provided to support the service plan: Appendix A – Organization and Staffing Review Report; Appendix B – Data Systems Review Memorandum; and Appendix C – Service and Route Review Needs Assessment Report. Page 213 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 5 2 Key Conclusions from Needs Assessment The study of the current NFT network completed as part of the Task 3 Needs Assessment (Appendix C) yielded the following conclusions, which have guided the development of the five- and ten-year service plans (see Chapters 4 and 5). In general, the issues raised from these conclusions indicated a requirement to increase transit service levels, and accordingly funding, in order to address the identified needs. The main conclusions identified in the Needs Assessment relate to six key themes, namely, demographics and land use, travel patterns, operating costs, operating efficiency, passenger transfers, and staffing. Demographics & Land Use The city’s population has grown at a reasonable pace over the past 20 years, but it is expected that the rate of growth will increase in the near future. Demographics are also changing, with a high proportion of seniors living in the city, but also a large number of students attending local post-secondary institutions. Transit service will need to cater to these groups as well as the growing population. System ridership has grown rapidly between 2014 and 2018, primarily due to post-secondary student ridership through the U-Pass program, although this level of growth is expected to level off in the near future. To attract more high school riders on NFT, Transit Services may wish to consider a high school student-focused transit promotional program, and should meet with the school boards to explore opportunities for these students to use NFT. Travel Patterns City ridership on the WEGO Red Line has grown to represent more than half of all ridership on this route. Transit Services may wish to operate a parallel, local service on Lundy’s Lane and terminate the transfer agreement with WEGO. Recent transit changes include the introduction of weekday GO Rail service to and from Toronto, which is expected to become more frequent in the coming years. At the same time, there is potential for transit regionalization which could impact NFT’s operations. Even Page 214 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 6 with these changes, a solid foundational plan is still required to provide transit service to individuals in the city. Travel patterns within the city are generally unchanged from five years ago. Still, there are a large number of relatively short internal trips that do not use public transit, suggesting more can be done to capture these trips. However, these travel patterns will be influenced by future growth and development to the south and southeast areas of the city. Operating Costs In general, a number of NFT routes do not meet service standards for frequency or span. Revenue vehicle hours and kilometres have grown for both 100- and 200-series and WEGO city services, but not as quickly as ridership on these services. This growth has raised productivity (boardings per service hour) for the combined services, but productivity is still relatively low for 100- and 200-series services on their own. Operating costs for NFT service have grown along with revenue vehicle hours, but revenues have declined over the past five years. Together, these changes led to a lower revenue/cost ratio of 43%, below the 50% target. Revenue/cost ratios for individual NFT routes are generally below standards, averaging only 13% across the system. No Base or Local routes meet the service standard targets of 55% and 40%, respectively. Only one evening/Sunday route (204) meets the evening/Sunday service standard target of 20% R/C. Operating Efficiency No routes operate with a headway less than 30 minutes, and no routes operate past 9 p.m. on Sundays. The separate weekday/Saturday evening and Sunday route network is not as comprehensive as the weekday/Saturday daytime route network, leaving a number of geographic gaps in service. Some route frequencies are also lower during the evenings and on Sundays. Two weekday and Saturday daytime routes (104 and 110) perform above standards in terms of net boardings and boardings per hour. Both routes achieve more than 35 boardings/hour, exceeding the service standard of 25 boardings/hour. Three evening/Sunday routes (203, 204, and 210) also perform above standards, achieving more Page 215 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 7 than 30 boardings/hour, well above the service standard of 10 boardings/hour. Seven NFT routes perform below standards in terms of boardings per hour; routes 106, 107, 108, 112, 209, 211, and 213. All achieve fewer than 10 boardings/hour, not meeting the service standards for daytime local routes (15 boardings/hour) and evening routes (10 boardings/hour). Many NFT routes are circuitous and indirect, providing good coverage in neighbourhoods as opposed to more direct (shorter and faster) trips between start and end points. A number of NFT routes also overlap one another and provide duplicate service. Some routes include one-way loops to turn around and further increase coverage at the expense of running time. Transfers NFT’s transfer policies are relatively consistent with neighbouring transit systems although less flexible than some peer agencies. Consideration could be given to reviewing and revising the transfer policies, especially as the NFT route network expands and trip lengths grow. Page 216 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 8 Staffing Work schedules, day off opportunities, and vacation scheduling options as a result of the progressive service increases have improved the bus operator work environment resulting in greater retention of employees. Transit Services may wish to consider pre-hiring transit operators prior to the busy summer season to provide more time off during the summer season as an incentive to attract and retain bus operators. Needs and Opportunities In addition to the main themes of the Needs Assessment, the study identified eight actionable needs and opportunities for the five-year service plan. They are: 1. Balancing accessibility and mobility – As a public service, transit must provide a basic level of access for those that do not have alternative means of transportation. Potential changes to the route network will need to make the service attractive to new riders, but not at the expense of meeting the basic transportation needs of residents. 2. Meeting the needs of distinct travel markets – NFT serves multiple travel markets, including a large number of post-secondary students. Short-term changes to the route network should identify and support the needs of all travellers. 3. Improving the convenience of transit – Changes to NFT should focus on improving convenience through longer service spans, more frequent service, and less circuitous routings, enabling the system to attract more riders. 4. Minimizing service segmentation – Service segmentation along major corridors can come at the expense of providing attractive service for riders elsewhere in the city. Routes should be optimized to avoid dividing or duplicating service. 5. Providing service to developing areas – As the city’s peripheries develop and expand, and as new destinations such as the South Niagara Hospital emerge, demand-responsive or fixed-route service should be extended to these locations. 6. Separating WEGO and NFT – With local users making up a large share of WEGO ridership, NFT may wish to end the transfer agreement with WEGO and provide a parallel service on Lundy’s Lane. Page 217 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 9 7. Improving integration with regional and inter-regional transit – Niagara Falls is serviced by local, regional, and inter-regional transit. With many trips transferring between systems, Niagara Falls should enhance service in a way that better integrates with these other transit networks. 8. Expanding transit infrastructure – To make the transit system more attractive, additional infrastructure should be provided. This includes installing more bus shelters, improving bus terminals and hubs, and expanding the operations and maintenance facility. Page 218 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 10 3 Service Plan Foundation The framework of this Service Plan was developed using NFT’s existing service standards as updated in this study, and through an analysis of the current operations. To satisfy the current service standards, changes to target service hours, WEGO transfer policies, and other NFT policies and practices may be needed and are described in the following sections. 3.1 Service Standards NFT developed a set of service standards to measure their performance as part of the 2009 Service Plan. An analysis of the current operations found that many routes do not meet current standards, with most routes failing to meet standards for route coverage, route structure, and ridership levels. The current service standards are listed in Exhibit 3.1. Exhibit 3.1: Current Niagara Falls Transit Service Standards Route Coverage – 95% of all residences, places of work, secondary and post-secondary schools, shopping centers, public facilities and tourist attractions in the urban area of Niagara Falls should be within a 400 metre walking distance of a bus stop during the daytime on weekdays and Saturdays, and no more than 800 metres of a bus stop during the late evenings and on Sundays and Holidays. Route Structure – the route coverage standard should be achieved by a grid system of base and local routes: Base Routes should operate in a straight-line structure on the main arterial roads. They will be oriented to the main activity centres and transit hubs, and will form a 2-km grid network accessible to 75% of the population. Local Routes should circulate the various neighbourhoods, industrial and tourist areas connecting the areas to transit hubs with the base routes. The main transit hub would be in the central area of the city (Main and Ferry), supplemented by hubs in the downtown, Niagara Square, Wal-Mart Plaza, Town and Country Plaza. Bus Stop Spacing – bus stop spacing should not exceed 400 metres or be less than 200 metres apart, unless required for pedestrian safety or as a result of geographic barriers or significant ridership generators. Page 219 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 11 Exhibit 3.1: Current Niagara Falls Transit Service Standards continued Span of Service – the transit routes should have the following minimum hours of service: Monday – Saturday Base Routes 6:00am – 12:00am Local Routes 6:00am – 10:00pm Sundays/Holidays Base Routes 7:00am – 9:00pm , 7:00am-12:00am tourist areas Local Routes span based on the demand Headways – the transit routes should have the following maximum headways: Peak Periods Weekdays 15 minutes core base routes, 30 minutes all others Off-Peak Periods 30 minutes to 10:00pm Monday to Saturday Late Evening Periods 60 minutes after 10:00pm Monday to Saturday Sundays/Holidays 60 minutes Routes operating between the Main/Ferry hub and the casinos, hotels and tourist areas in the east end should have blended headways to give 15-min. service to 10:00pm and 30- min. service to 1:00am seven days a week. Vehicle Loadings – the maximum passenger loads per bus on average over 30 minutes should not exceed 150% of the seating capacity of large buses and 125% of the seating capacity of small buses. Ridership Levels – each route should achieve the following minimum utilization levels: Monday – Saturday Daytime Base Routes – 25 passengers per revenue hour Local Routes – 15 passengers per revenue hour Evenings and Sundays All Routes – 10 passengers per revenue hour Cost Recovery (Revenue/Cost Ratio) – the goal is to have the municipal transit system achieve an overall cost recovery or revenue/cost ratio of 50%. To achieve the 50% financial target, each transit route will need to recover the following percentages of operating costs from operating revenues attributed to the route: Monday – Saturday Daytime Base Routes 55% R/C, Local Routes 40% R/C Evenings and Sundays All Routes 20% R/C Local routes, which fall below a 20% R/C (10 passengers per hour) on weekdays should be discontinued. Local routes, which are between 20%R/C and 30% R/C (15 passengers per hour) should be modified or restructured. Base routes below a 50%R/C on weekdays should not be touched other than to find ways to encourage more people to use the route by providing better feeder services and/or marketing. Source: Niagara Transit Service Plans, 2009-2018. Page 220 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 12 The initial goal of NFT should be to meet these criteria before changing them. The most effective way to achieve the desired ridership levels and cost recovery ratios is to make transit service more attractive for potential riders. By expanding service spans and improving route consistency, NFT will become more appealing to potential riders, representing a meaningful step towards achieving the above criteria. 3.2 Target Service Hours To accommodate better service and meet the service standards shown in Exhibit 3.1, NFT needs to provide more annual service hours on the days and during the time periods where they are needed. As it currently stands, NFT provides 84,121 annual service hours across the 100- and 200-series routes, as well as through WEGO service used by city passengers. By the end of Year 5 of this plan, a total of 31,307 additional service hours will be provided each year for a total of 115,428 annual service hours. This 37.1% increase is not distributed evenly, as most of the added service hours will be added during the first two years. A year-by-year breakdown of the recommended service hour changes can be found in Section 4.1. 3.3 WEGO Policy Changes The City has an agreement with the Niagara Parks Commission, as the joint operator of the WEGO VTS service, to fund and operate the WEGO Red Line and Blue Line routes. Under this agreement, city passengers may ride these routes by paying the same fare as they would on a 100- or 200-series route. The costs associated with operating the Red Line are accordingly divided based on the proportion of “city” versus “tourist” riders using the service. Between 2014 and 2018, the percentage of local users has risen yearly, most notably on the Red Line where local riders account for over 60% of the total ridership. Due to the upward trend in local ridership on WEGO buses, it is recommended that NFT ends the existing transfer agreement with WEGO. Since only 4% of the WEGO Blue Line users are local riders and the route parallels many 100-series routes, ending the agreement should have little impact on ridership. In contrast, removing the Red Line from the city transit network will require the addition of a new bus route along Lundy’s Lane to support local users. Transitioning away from this transfer agreement is expected to be more cost-effective for Transit Services, and this change is recommended in the first year of the service plan. Page 221 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 13 3.4 Transfer Policy Changes NFT offers 60-minute transfers, given to users once they pay their fare on a bus. These transfers can be used to board another bus “at any bus stop location” to travel in a “continuous one way direction.” Given than this transfer policy has not received any major complaints or feedback over the last few years, nor will the system expand drastically over the next five years, the current transfer policy should be maintained. However, as the system expands to serve new developments, such as the South Niagara Hospital, Transit Services may wish to consider increasing the allowable transfer time to 90-minutes. 3.5 High School Student Recommendations Another opportunity for NFT to increase ridership comes from the provision of targeted transit programs or services for high school students. Eligibility for school board-funded transportation has been restricted significantly in recent years, although rationalization of public and Catholic school boards sharing yellow bus (“school bus”) services would cause limitations toward the types of strategies used to increase student ridership. However, strategies that are still effective include: 1. Promotional programs; 2. Greater subsidies for high school student fares; 3. Agreements/arrangements with school boards to have students use public transit, through replacing yellow bus services and/or providing financial arrangements for monthly or annual (school year) passes for students eligible for board-funded transportation; and 4. Provision of supplementary routes/extra buses designed to directly serve the student catchment areas with the respective schools. These could be provided together with strategies 1, 2, and 3. Before these strategies are pursued, Transit Services should consider how to accommodate the increase in high school students during peak hours on existing services and how that would impact capital and operating costs. In municipalities such as Mississauga, Brantford, and Sarnia, extra buses are required during peak hours to accommodate high school students. Page 222 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 14 3.6 Bus Operator Scheduling Recommendations In recent years, attracting and retaining bus operators has been an issue due to varying service levels throughout the day and week. These require many shifts to stray from the typical 8 hour-a-day, 5 day-a-week package that most institutions offer. Additionally, because of Niagara Falls’ tourism industry, there is a higher demand for bus operators during the summer, which has commonly been a popular time for employees to take vacations. Alternative and innovative ways to reduce these issues and make working conditions more attractive include: Reducing split shifts by adding non-productive time largely funded by a trade-off between the cost of hiring and training new employees and the cost of the non-productive time; Page 223 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 15 Pre-hiring replacement operators for those retiring later in the year to help cover for the summer service levels and provide regular bus operators with increased opportunity for vacation time; and Adding additional transit service throughout all service hours to reduce service imbalances, thereby reducing the need for split shifts and increasing the ability to provide two consecutive days off. Because transit service levels have increased over the last six years, it is easier to offer a typical work schedule to employees which in turn has reduced employee complaints and turn-over. To make the system more attractive for bus operators and users, NFT should continue to increase service levels, especially during off-peak hours. Also, pre-hiring bus operators before the summer or employee retirement would increase the pool of trained drivers during peak season and provide more flexibility for vacations. Page 224 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 16 4 Five Year Plan – Years 1 to 5 The Transit Service Plan prepared in this study consists of a detailed five-year plan and a high-level longer term 10-year vision of future service needs. The first five years of the Transit Service Plan are intended to address the needs and opportunities from Chapter 2. In particular, changes proposed as part of the five- year plan focus on the following six opportunities for the conventional transit system: 1. Balancing accessibility and mobility; 2. Meeting the needs of distinct travel markets; 3. Improving the convenience of transit; 4. Minimizing service segmentation; 5. Providing service to developing areas; and 6. Separating WEGO and NFT services. 4.1 Annual Network Changes Base (Year 0) Changes recommended for the route network build on the base network operated in early 2020, prior to the reduction of service due to COVID-19. There are two parts to this network: A “100-series” network that operates Monday through Saturday, roughly between 6 a.m. and 6:30 p.m.; and A “200-series” network that operates Monday through Saturday, roughly between 6:30 p.m. and 11 p.m., and on Sundays and Holidays, roughly between 7 a.m. and 8:30 p.m. In addition to containing either 100- or 200-series routes, each network also includes the WEGO Red Line, which NFT passengers may ride using a city fare. The 100-series network is shown in Exhibit 4.1, and the 200-series network is shown in Exhibit 4.2. With these two networks, NFT provides 84,121 annual revenue vehicle hours (RVH), including all 100-series routes, 200-series routes, and the “city” portion of WEGO Red Line service. Page 225 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 17 Exhibit 4.1: Niagara Falls Transit Daytime Network (100-series routes) Page 226 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 18 Exhibit 4.2: Niagara Falls Transit Evening, Sunday, and Holiday Network (200-series routes) Page 227 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 19 Year 1 Changes made to the network in the first year focus on separating NFT and WEGO services (opportunity #6) and transitioning NFT to a more consistent route network in the evenings (opportunities #3 and 4). Separating NFT and WEGO services, which also includes the extension of route 104 along Lundy’s Lane, will help reduce confusion for riders and will also reduce transfers for trips between the Downtown Bus Terminal and Lundy’s Lane. Transitioning to an evening route network that is consistent with the daytime route network will also help reduce confusion for riders, improve the convenience of transit, and minimize service segmentation. This change will also fill gaps within the current evening service and replace some demand- responsive transit areas with fixed-route service. The individual service changes in Year 1 are as follows and are summarized in Exhibit 4.3. Overall, these changes result in an increase of 8,009 annual revenue vehicle hours, reflecting a year-over-year growth of 9.5%. Extend route 104, replacing Red Line city service: Route 104 will operate through Main and Ferry, continuing west along Lundy’s Lane to Campark; This service will operate 16 hours per day, Monday through Saturday, and 13.5 hours per day, Sundays and holidays; Buses will run every 30 minutes with a 90-minute cycle time from mid-June through September (peak season) and a 60- minute cycle time at other times of the year; Route 204 (evenings/Sundays/holidays) will be replaced by this extended route 104; and City transfers to/from the WEGO Red Line will be discontinued. Discontinue city transfers to/from the WEGO Blue Line: Create a clear distinction between NFT and WEGO services in Niagara Falls. Increase service frequencies on route 103: Increase frequency to 30 minutes all-day (Monday through Saturday); and Enable interlining with route 110 at Main and Ferry (replacing former interlining between routes 104 and 110). Page 228 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 20 Realign the terminal loop of route 106 in Chippawa: Change routing to match current route 112 loop on Willoughby Drive, Weinbrenner Road, Sodom Road, Welland Street, Oliver Street, and Gunning Drive; and Provide riders with an effective 15-minute peak service frequency and 30-minute off-peak frequency on this loop. Replace 200-series evening routes with 100-series routes: Remove all 200-series routes from evening service and extend the span of most 100-series routes to 11:30 p.m. (excluding routes 102 and 112); and Provide service using off-peak frequencies (30 minutes on routes 104, 110, and 111, and 60 minutes on all other routes). Remove evening TransCab zone north of Downtown: TransCab service in this area will be replaced with fixed-route service from route 108 in the evenings. Exhibit 4.3: Year 1 Service and Revenue Vehicle Hour Changes Service Change RVH Change Total RVH Starting RVH - 84,121 Replace Red Line City and 204 with new, extended 104 -1,461 82,660 Remove Blue Line City transfers - 82,660 Upgrade 103 to 30-min, all-day service +1,818 84,478 Realign 106 Chippawa loop - 84,478 Replace 200-series evening routes with most 100-series routes +7,651 92,129 Remove TransCab zone north of Downtown (evenings) - 92,129 Total Year 1 Change +8,009 92,129 Following the implementation of all Year 1 service changes, the Monday through Saturday daytime NFT network will be as shown in Exhibit 4.4. The Monday through Saturday evening network will be similar to the daytime network, but without routes 102 and 112. The Sunday and Holiday network will be mostly unchanged, except for the replacement of route 204 with the extended route 104. Page 229 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 21 Exhibit 4.4: Proposed Monday to Saturday Daytime Service with Year 1 Improvements Page 230 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 22 Year 2 Changes in year 2 build on the changes introduced in year 1 with a focus on completing the evening transit network (opportunities #3 and 4), introducing fixed-route service to new areas of the city on Sundays (opportunities #1 and 2), and providing demand-responsive transit for other emerging areas (opportunity #5). Completing the evening transit network will further contribute towards minimizing service segmentation and improving the convenience of transit while also reducing confusion for riders. Introducing fixed-route service to new areas of the city on Sundays – in particular the area north of Downtown and the Stanley Avenue/Thorold Stone Road corridor – will provide greater access to transit and serve as an important link to community services. The addition of demand- responsive transit in growing areas of Niagara Falls will act to further expand the catchment area of transit and serves as a precursor to fixed-route service in later years. The individual service changes in Year 2 are as follows, and are summarized in Exhibit 4.5. Overall, these changes result in an increase of 6,094 annual revenue vehicle hours, reflecting a year-over-year growth of 6.6%. Introduce evening service on routes 102 and 112: Extend the service span of routes 102 and 112 to 11:30 p.m. Monday through Saturday; and This change will provide a consistent NFT route network at all times of day on weekdays and Saturdays. Add route 208 to Sundays and Holidays: Introduce a new route to Sunday and Holiday service, following the alignment and schedule of route 108 Service on route 208 will be provided between 7:00 a.m. and 8:30 p.m., with buses running every 60 minutes Allocate demand-responsive service to new development areas: Revenue vehicle hours will be reserved for providing service to newly developed areas of the city (e.g. Stanley South, Chippawa); This may be through TransCab, or through other demand- responsive service delivery models; and Initially allocate 6 hours of service per day, 6 days per week. Page 231 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 23 Exhibit 4.5: Year 2 Service and Revenue Vehicle Hour Changes Service Change RVH Change Total RVH Starting RVH - 92,129 Add 102 and 112 to Monday-Saturday evening service +3,030 95,159 Add 208 to Sundays and Holidays +1,240 96,399 Add demand-response service to new areas +1,824 98,223 Total Year 2 Change +6,094 98,223 Following the implementation of all Year 2 service changes, the Monday through Saturday daytime and evening NFT networks will be identical and as shown in Exhibit 4.4. The Sunday and Holiday network will be as shown in Exhibit 4.6. Demand-responsive service will be allocated on an as-needed basis and is not shown on these maps. Page 232 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 24 Exhibit 4.6: Proposed Sunday & Holiday Service with Year 2 Improvements Page 233 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 25 Year 3 With a consistent transit service operated from the morning to the evening on weekdays and Saturdays, changes in year 3 focus on improving the frequency of certain routes during peak periods (opportunities #1, 2, and 3) while introducing more demand-responsive service into the city (opportunity #5). Improving service frequencies during peak periods will help provide a more consistent transit service and improve the mobility provided by the transit network, better meet the needs of Niagara Falls’ travel markets, and improve the convenience of transit. In particular, these frequency improvements will significantly reduce transfer times for some passengers. The addition of demand-responsive transit in growing areas of Niagara Falls will act to further expand the catchment area of transit and serves as a precursor to fixed-route service in later years. The individual service changes in Year 3 are as follows, and are summarized in Exhibit 4.7. Overall, these changes result in an increase of 6,370 annual revenue vehicle hours, reflecting a year-over-year growth of 6.5%. Improve service frequencies during peak hours: Improve service frequencies on routes 109, 112, 113, and 114 from 60-minutes to 30-minutes during morning and evening peak periods; and This change will lead to all NFT routes operating with 30-minute service frequencies during peak periods. Allocate more demand-responsive service to new development areas: Revenue vehicle hours will be reserved for providing service to newly developed areas of the city (e.g. Stanley South, Chippawa); This may be through TransCab, or through other demand- responsive service delivery models; and Allocate another 6 hours of service per day, 6 days per week, for a total of 12 hours of service per day. Page 234 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 26 Exhibit 4.7: Year 3 Service and Revenue Vehicle Hour Changes Service Change RVH Change Total RVH Starting RVH - 98,223 Improve service frequencies on 109, 112, 113, 114 +4,546 102,769 Add demand-response service to new areas +1,824 104,593 Total Year 3 Change +6,370 104,593 Following the implementation of all Year 3 service changes, the routings for the Monday through Saturday NFT network, as well as the Sunday and Holiday network, will not change from Year 2. Demand-responsive service will be allocated on an as-needed basis and is not shown on these maps. Year 4 Changes in year 4 are intended to make Sunday and holiday transit service more consistent with weekday and Saturday service while maintaining the existing span of service on these days (objectives #3 and 4). Transitioning the Sunday and holiday transit network towards using 100-series routes will further contribute towards minimizing service segmentation and improving the convenience of transit while also reducing confusion for riders. The individual service changes in Year 4 are as follows, and are summarized in Exhibit 4.8. Overall, these changes result in an increase of 5,921 annual revenue vehicle hours, reflecting a year-over-year growth of 5.7%. Replace 200-series Sunday and Holiday routes with 100-series routes: Remove all 200-series routes from Sunday and holiday service and introduce most 100-series routes between 7:00 a.m. and 8:30 p.m. (excluding routes 102 and 112); Provide service using on-peak frequencies (30 minutes on all routes) during morning and evening peak periods; and Provide service using off-peak frequencies (30 minutes on routes 104, 110, and 111, and 60 minutes on all other routes) during all other times. Page 235 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 27 Exhibit 4.8: Year 4 Service and Revenue Vehicle Hour Changes Service Change RVH Change Total RVH Starting RVH - 104,593 Replace 200-series Sunday and Holiday routes with most 100-series routes +5,921 110,514 Total Year 4 Change +5,921 110,514 Following the implementation of all Year 4 service changes, the Monday through Saturday NFT network will not change from Year 3. The Sunday and Holiday network will be similar to the Monday through Saturday network, but without routes 102 and 112. Year 5 Finally, changes in year 5 will add routes to Sunday and holiday transit service (objectives #3 and 4) and increase the service span to make it fully consistent with weekday and Saturday service (objectives #1, 2, and 3). By the end of year 5, NFT will operate the same set of routes on the same schedules every day of the week. Enhancing Sunday and holiday transit service will involve adding routes 102 and 112, completing the transition to a consistent set of routes on all days of the week and further reducing service segmentation. Finally, improving the span of transit service on Sundays and holidays will improve transit access and better meet the needs of off-peak travellers, further improving the convenience of taking transit. The individual service changes in Year 5 are as follows, and are summarized in Exhibit 4.9. Overall, these changes result in an increase of 4,914 annual revenue vehicle hours, reflecting a year-over-year growth of 4.4%. Introduce Sunday and Holiday service on routes 102 and 112: Add routes 102 and 112 to the Sunday and holiday route network, operating between 7:00 a.m. and 8:30 p.m.; and This change will provide a consistent NFT route network on all days of the week. Page 236 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 28 Extend the span of service on Sundays and Holidays: Extend the service span of all routes on Sundays and holidays to match the service span on weekdays and Saturdays (6:00 a.m. through 11:30 p.m.); and This change will provide consistent NFT service on all days of the week and on holidays. Exhibit 4.9: Year 5 Service and Revenue Vehicle Hour Changes Service Change RVH Change Total RVH Starting RVH - 110,514 Add 102 and 112 to Sunday and Holiday service +2,232 112,746 Extend Sunday and Holiday service spans to match weekday spans +2,682 115,428 Total Year 5 Change +4,914 115,428 Following the implementation of all Year 5 service changes, the NFT route network will be consistent on all days of the week (Monday through Sunday and holidays) and at all times of the day. This network is shown in Exhibit 4.10. As noted, demand-responsive service will be allocated on an as-needed basis and is not shown on these maps. Exhibit 4.11 lists the service changes in each year of the five-year plan. Together, these changes result in an increase of 31,307 revenue vehicle hours per year, representing a 37.2% increase in transit service. Page 237 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 29 Exhibit 4.10: Proposed Year 5 Niagara Falls Transit Network Page 238 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 30 Exhibit 4.11: Summary of Revenue Vehicle Hour Changes in Years 1–5 Change Y1 Y2 Y3 Y4 Y5 Net RVH Base 84,121 Year 1 Replace Red Line City and 204 with new, extended 104 -1,461 82,660 Remove Blue Line City transfers (0) 82,660 Upgrade 103 to 30-min, all- day service +1,818 84,478 Realign 106 Chippawa loop (0) 84,478 Replace 200-series evening routes with most 100-series +7,651 92,129 Remove TransCab zone north of Downtown (eve) (0) 92,129 Total Year 1 Change +8,009 +9.5% Year 2 Add 102 and 112 to Monday- Saturday evening service +3,030 95,159 Add 208 to Sun/Hol +1,240 96,399 Add demand-response service to new areas +1,824 98,223 Total Year 2 Change +6,094 +6.6% Year 3 Improve service frequencies on 109, 112, 113, 114 +4,546 102,769 Add demand-response service to new areas +1,824 104,593 Total Year 3 Change +6,370 +6.5% Year 4 Replace 200-series Sun/Hol routes with most 100-series +5,921 110,514 Total Year 4 Change +5,921 +5.7% Year 5 Add 102 and 112 to Sunday and Holiday service +2,232 112,746 Extend Sun/Hol service spans to match weekdays +2,682 115,428 Total Year 5 Change +4,914 +4.4% Page 239 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 31 4.2 Ridership Projections The five-year service plan will provide significant improvements for residents and employees through increased service levels, particularly in the evenings and on weekends, elimination of the duplicate weekday/evening/ Sunday route networks, and extension of services into new areas. While the impact of the COVID-19 virus and associated changes in societal behaviour, travel patterns, and frequency of travel are having an immediate negative impact on transit services and ridership, this condition is not expected to be permanent. A return to pre-COVID ridership levels is anticipated within two years. As such, an increase in transit ridership generally consistent with the percentage improvement in service levels and population growth can be expected over the term of the plan. However, it is to be noted that ridership response to service improvements takes time to materialize as people adjust or modify their travel habits, particularly for those who will be reducing or eliminating car use which is a key market target for future transit ridership growth. Typically, it may take up to 12 months or longer to see the results of the service changes. The service plan will increase transit service hours by 37.2% over 5 years, an average of 7.4% per year. Over the same period, the city’s population is projected to grow by approximately 8%, from an estimated 2020 population of 96,000 to a 2026 population of 104,2001, approximately 1.6% per year. Together, this represents a growth potential of 45% over 5 years, 9% per year which is a significant increase. A more prudent expectation would be half this growth rate, or 4.5% per year, with a lower rate for the first year of 2.25% rising to 3.5% in year 2 and 4.5% for the remaining three years. Exhibit 4.12 summarizes the ridership projections based on the foregoing conditions. Ridership is projected to increase to 2,166,000 by Year 5, a total increase of 20.7%. Exhibit 4.12: Service Plan Ridership Estimate in Years 1–5 Year Ridership Change (%) 2019 1,794,000 - Year 1 1,834,000 +2.25% Year 2 1,898,000 +3.5% Year 3 1,984,000 +4.5% Year 4 2,073,000 +4.5% Year 5 2,166,000 +4.5% Total Change +372,000 +20.7% 1 Source: Hemson Population and Employment Review for Niagara Region. Page 240 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 32 5 Ten-Year Plan – Years 6 to 10 This chapter outlines projected changes to NFT services and route network for a further five years following the implementation of the five-year service plan. Unlike the five-year plan, this ten-year plan does not present specific route or service changes for implementation, but instead identifies key trip generators and corridors for service. Recommendations for the ten-year plan are presented as both fixed-route changes and demand-responsive service changes. 5.1 Fixed-Route Changes Based on planning information over the next five to ten years, development in the city is projected to expand and grow to the south and southeast. Exhibit 5.1 shows key points and existing transit connections within the city, along with areas where growth and development is expected over the coming five to ten years – many sites to the south and southeast of the existing urban area, but also a number of infill developments. A key development that will require service in years 6 through 10 is the new South Niagara Hospital, which is expected to open by 2027. This facility will be located near the intersection of Montrose Road and Biggar Road, south of the Welland River. Exhibit 5.1 shows how the transit route network should change to serve these developments by extending to the south and adding new connecting services, particularly from the Chippawa area, to link the growth areas. In particular, the following connections are recommended: New Hospital to Canadian Drive Hub; New Hospital to Chippawa; New Hospital to Main and Ferry; Coverage for developments south and west of Canadian Drive (to/from Canadian Drive Hub); Coverage for developments near Thundering Waters (to/from Main and Ferry); and Coverage for developments west of Chippawa (to/from Chippawa). A summary of the estimated future service frequencies, approximate route lengths, and associated bus needs for these fixed-route services is presented in Exhibit 5.2. Note that these are high-level estimates, and comprehensive service planning should be completed prior to implementing any routes described here. Page 241 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 33 Exhibit 5.1: Future Niagara Falls Transit Service Expansion Direction Page 242 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 34 Exhibit 5.2: Potential Fixed-Route Service Additions in Years 6–10 Fixed-Route Service Peak Frequency Approx. Round- Trip Length Approx. Buses Needed Hospital – Canadian Drive 30 min 10 km 1 Hospital – Chippawa 30 min 15 km 2 Hospital – Main & Ferry 60 min 24 km 1 Canadian Drive – Southwest Niagara Falls Neighbourhoods 60 min 12 km 1 Main & Ferry – Thundering Waters Development 60 min 12 km 1 Chippawa – Neighbourhoods west of Chippawa 60 min 14 km 1 Total - - 7 5.2 Demand-Responsive Service Changes As described in years 2 and 3 of the service plan, it is recommended that NFT add demand-responsive service to improve transit access to newly developed parts of the city, such as Warren Woods, Thundering Waters, and western Chippawa. By the end of year 3, approximately 12 hours of service will be available per day, six days per week, and this is expected to continue through years 5 and beyond. Although NFT currently provides transit service to some parts of the city via TransCab, other forms of alternative service delivery may be explored and considered. These include demand-responsive services such as dial-a-bus, or micro-transit deployments with smaller vehicles. Transit Services may also wish to work with local taxi companies to provide TransCab services with larger vehicles, and potentially allow riders to share trips to or from common transit hubs. Over time, it may become challenging to serve neighbourhoods with TransCab or other demand-responsive transit services, especially as ridership grows. As ridership and demand begin to exceed the capacity provided by demand- responsive transit, it is recommended that Transit Services transitions these neighbourhoods to fixed-route services. This may be through extensions of existing routes or through the introduction of new routes. Such changes are will serve two purposes: Fixed-route service can prove more effective and cost-efficient where there is sufficient demand; and Demand-responsive service hours and vehicles will become available for deployment in other growing areas in the city. Page 243 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 35 6 Infrastructure Plan This chapter summarizes the actions and investment required to maintain and enhance the City’s public transit infrastructure under the five-year service plan and 10-year forecast consisting of vehicles, the transit operations centre (garage), transit terminals, and bus stops and shelters. 6.1 Buses The transit vehicle fleet, as of October 2020, totals 62 buses for the conventional transit services including NFT, WEGO, and Regional routes (inter- municipal transit, or IMT) routes and services. The fleet distribution by transit service is summarized in Exhibit 6.1. As noted, 33 buses are available for NFT services. Exhibit 6.1: Transit Fleet Summary – October 2020 Operation Manufacturer Model Length (m) Quantity Niagara Falls Transit (City) Eldorado EZ RIDERII 10.7 4 Orion 07.501 12.2 10 Orion VII 12.2 3 Nova LFS 12.2 14 Nova LFS – Artic 18.9 2 Subtotal - - 33 WEGO VTS Nova LFX 12.2 5 Nova LFX – Artic 18.9 11 Subtotal - - 16 Niagara Region (IMT) Orion VII 12.2 3 Nova LFS 12.2 6 Nova LFS – Artic 18.9 4 Subtotal - - 13 All Total - - 62 Source: City of Niagara Falls, 2020. Page 244 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 36 Over the course of the five-year service plan, the peak number of buses required to provide NFT services will increase from 20 to 27 with weekday off- peak bus requirements increasing from 13 to 18 and Sunday/ Holiday requirements increasing from 7 to 18 as summarized in Exhibit 6.2. With a 25 per cent allowance for spares, the fleet requirement by Year 5 will be 34 buses. If NFT is able to reduce the spare ratio to 20%, the total fleet requirement could be reduced to 33 buses. Beyond five years, projected potential new services to the new South Niagara Hospital, as well as developments such as Thundering Waters and west Chippawa, would require seven (7) buses plus one (@20%) to two (@25%) spares, for a total fleet requirement of 41-43 buses. NFT’s bus capital program provides for the purchase of eight buses over the period between 2020 and 2022 as replacements for buses that have reached the end of their economic life (18 years). These eight buses consist of four 12- metre (40 foot) and four 18-metre (60 foot) buses. Two of the 18m buses are intended to increase passenger capacity by replacing 12 m buses on high volume routes. For service expansion, three buses are planned to be purchased in 2021-2022 to increase the fleet total to 36 buses. This fleet total is below the projected future fleet requirement of 43, so additional bus purchases are likely required beyond year five of the service plan. It is to be noted that NFTs current vehicle spare ratio is high at 65% (13 buses over the peak service requirement of 20 buses). Page 245 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 37 Annual revenue hours are projected to increase from 84,121 (2019) to 115,428, a net increase of 31,307 revenue-hours (each value subject to detailed service planning at the time of implementation). The annual average bus utilization rate (revenue hours per bus) will increase from the 2019 level of 2,549 (noting the current high spare ratio) to 3,498, a 37% increase. Additional maintenance staff will be required to handle this increased vehicle workload. Exhibit 6.2: Summary of Five-Year Bus Requirements Calendar Year Off-Peak (Weekday/ Sunday) Peak (Weekday) Spares (@ 25%) Total Fleet Needs 2020 13 / 7 20 5 25 Year 1 15 / 9 22 6 28 Year 2 17 / 12 23 6 29 Year 3 18 / 13 27 7 34 Year 4 18 / 16 27 7 34 Year 5 18 / 18 27 7 34 Change +5 / +11 +7 +2 +9 Future 21 / 21 34 9 43 6.2 Transit Services Facility The Transit Services facility on Heartland Forest Road accommodates all transit-related functions including administration, operations (dispatch and control centre), vehicle maintenance, vehicle servicing, and vehicle storage. The facility has sufficient space for administration, operations, and vehicle servicing needs. However, it is currently at capacity for vehicle maintenance and storage. The facility has indoor storage for 36 buses and 48 outdoors although considering that indoor storage is provided for 12 GO Transit buses, there is effectively indoor storage only for 24 NFT/WEGO/IMT buses. Outdoor storage is not desirable in Canadian climates for various reasons including weather impacts on vehicle mechanical, electrical and air systems as well as safety issues for employees. As a result, the City is planning to expand the indoor storage area by 24 buses for a total indoor capacity of 60 buses. This is below the future fleet (NFT, WEGO, IMT) vehicle capacity projection of 72 (43 + 16 + 13) buses in 10 years or 78 buses when storage for 12 GO Transit buses is included. Page 246 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 38 With respect to the vehicle maintenance area, there are currently six maintenance bays for the non-GO Transit bus fleet (vehicle maintenance is not provided for these buses), two of which are suitable for articulated buses. In view of the future fleet growth projection as well as the replacement of 12 metre buses by 18 metre buses, two additional vehicle maintenance bays should be planned for. At the time of the planned expansion, consideration should be given to providing additional storage and maintenance space for up to a further 10 buses as it would be cost-effective from a construction standpoint. 6.3 Transit Terminals/Hubs Of the four primary terminal/hub locations within the city (Downtown Bus Terminal, Morrison/Dorchester Hub, Main & Ferry, and the new Canadian Drive Hub), plans are in place for upgrades to the VIA/GO station and adjacent Downtown Bus Terminal. In addition, a new terminal has been constructed at Canadian Drive to replace the previous Niagara Square facility. The Main & Ferry location has also benefitted from customer amenity enhancements in recent years. Terminals or “Hubs” serve as convenient off-street locations where multiple transit routes come together to facilitate transfers between routes for transit users who must use more than one route to complete their trip. These hubs often, and ideally, are located where there are trip generators, reasons for people to travel to the location thereby given added purpose and value to the function of the hub. Page 247 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 39 Morrison/Dorchester Hub Of the four primary transfer point and hub locations within the NFT system, the site in the vicinity of the Dorchester Road-Morrison Street intersection and partially located within a commercial plaza, has emerged over the years as a key hub. Known as the “Mor/Dor Hub”, it serves as the terminus for several local routes as well as the connection and transfer point with the Niagara Region Transit routes. It also serves as the transit access point for people destined to and from the businesses in the immediate area. However, with the number of routes, particularly the addition of the regional routes over the past six years, the Mor/Dor Hub has reached its capacity. At the same time, the property owner has indicated a desire to limit transit access to the site or, to require the City to pay rent for the space used. While these issues have been addressed, they raise the question as to the suitability of the Mor/Dor Hub location over the longer term given growth of the city to the south and the increased ridership on the regional routes. As a result, two other locations have been identified by City staff as possible locations to replace or relocate the Mor/Dor Hub. These two were reviewed as to their potential suitability. They are: The Mt. Carmel property immediately north of Thorold Stone Road on the east side of Montrose Road; and The vacant land on the west side of Dorchester road, south of the CN Rail tracks and north of Highway 420. The key consideration in assessing the suitability of alternative locations for either the Mor/Dor Hub itself or its functionality, is its use by the regional routes. As these routes travel via the Queen Elizabeth Way (QEW), access to a NFT hub for transfer purposes between the regional routes and local routes should optimize access to and from the QEW. Additionally, the impact on the local route network and changes needed to reach the location needs to be considered. For either location, as well as the Mor/Dor Hub, each would require suitable operational and customer features such as a raised concrete platform, shelters, benches, waste receptacles, lighting and appropriate features and design elements to ensure accessibility for people who are differently abled. For an unimproved site, appropriate paving, curbing, drainage and lighting would need to be provided. Mt. Carmel This location at the north end of the city consists of a small mall and other commercial developments. It is reasonably accessible from the QEW via Thorold Stone Road. An area within the mall or adjacent development property could be developed as a transit hub consisting of platforms, shelters, lighting, and other customer amenities. Repaving of the areas the buses would use would be required. The location provides a suitable “north” transfer hub with the regional routes complementing the other major transfer hub in the south end of the city at Canadian Drive. While daytime transit routes 109, 105 and 113 Page 248 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 40 (evening/Sunday 205, 209, 213) currently serve the Mt. Carmel development, some restructuring of the transit route network would be required to improve connectivity for areas of the city to the east and southeast in order to continue to provide convenient connections with the Regional routes. Land South of the CN Rail Tracks This site, on the west side of Dorchester Road immediately south of the CN Rail tracks and immediately north of Hwy 420, is undeveloped. As a result, the site would require redevelopment and construction of the hub infrastructure and related customer amenities. Access to/from Hwy 420 and the QEW is indirect requiring extensive distance on the 420/QEW access roadways although the distance involved would be comparable to the existing Mor/Dor Hub location and the Mt. Carmel site subject to the positioning of a hub on that site. To effectively serve this site, a re-structuring of the NFT route network would be required involving daytime routes 102, 108, 109, 110, 111 and 114 (evening/Sunday routes 209, 210, 211, 214). They would need to be extended south (111 truncated) and then one or two re-aligned to continue serving the Mor/Dor commercial area west of Dorchester Road. These changes have not been considered in detail and they may impact route lengths and scheduling. As a result, further detailed service planning would be required to confirm the feasibility and operating cost impact of the moving to this site. Conclusions As the scope of this service plan up-date is to identify the city’s transit system needs over the next five years leading up to the regionalization of transit services, and in view of the potentially evolving nature of inter-municipal/regional routes, establishing a new transit hub to replace the Mor/Dor Hub, would be premature. Instead, and recognizing the need for customer and operations- related improvements at the Mor/Dor Hub, the City should not consider relocating from the Mor/Dor Hub at this time but proceed to upgrade the facility. 6.4 Stops and Shelters For the service changes and, particularly, service along streets where service is being introduced, new stops will be required while stops on streets where service is discontinued will need to be removed. As well, many of the remaining existing stops will be need to be re-signed to reflect new route numbers. Depending on the cost of signs, posts, and labour, the cost to install new signs may be approximately $150 each and removal of old stops approximately $75 per sign subject to final decisions regarding stop requirements and locations. Page 249 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 41 Bus stops consist of a pole, a marker (sign) with route and customer contact information, and a pictograph of a bus or words “Bus Stop”, but not both. The City has upgraded it bus stop sign in recent years to incorporate these key features which has resulted in distinctive, recognizable bus stop locations. New transit stop placement criteria should be developed along with design criteria. In general, an average stop spacing target of 250 to 300 metres is a typical guideline with the overall objective of ensuring good access to transit service by minimizing the walk distance. While respecting the spacing guideline, stops should be installed at trip generators and at intersections as appropriate and as- needed. Close spacing of stops should be avoided except in unusual circumstances. NFT should undertake a review of stop locations to consolidate closely-spaced stops, where applicable. Stops need not be removed otherwise even if usage is low since the main objective is to minimize the walk distance to transit service as well as a secondary purpose, of “advertising,” or “demonstrating evidence” that transit service exists as represented by the bus stop sign. In addition to changes to bus stops, some shelters may need to be relocated subject to final route design and bus stop location changes. The cost to relocate these shelters will depend on the condition of each new location in terms of required upgrades. A relocation budget allowance of approximately $2,500 per shelter should be planned for. As noted in the Needs Assessment (Task 3) report, the percentage of stops with shelters is approximately 12.5% (97 shelters for 775 stops). This level is low in comparison to trends in other municipalities which are in the range of 30 to 35%. To create a more attractive environment for transit users and to encourage increased transit use, a higher shelter/bus stop ratio of 30% or more should be pursued. This represents 232 shelters, an increase of 135 from the current total. The approximate cost to purchase and install 135 shelters, subject to local site requirements, would be approximately $15,000 per shelter or $2 million distributed over the first 5 years of the service plan. Page 250 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 42 7 Transit Technology Plan As NFT has increased their use of technology over time, the quantity and types of data being generated have grown significantly. However, limited resources and data expertise are constraining NFT’s ability to effectively utilize these new data. This chapter summarizes the findings of the Data Systems Review memorandum (Appendix B), identifying simple and straightforward opportunities to leverage existing data to monitor and manage NFT’s operations. NFT collects substantial data with its existing systems, and there exist many opportunities to extract useful insights from this data. Of heightened interest are opportunities to improve the measurement of key performance metrics to inform NFT in its day-to-day operations and long-term planning. Two complementary approaches have been identified in this regard: Data dashboards; and Automated data reports from CleverReports. 7.1 Data Dashboards A data dashboard would show NFT’s agency-wide performance at a glance, with the option to drill down for more detailed insights. The dashboard would update every time CleverReports updates (i.e. daily), so NFT could consult the dashboard to guide decisions and evaluate results. Dashboards Created Within CleverReports CleverReports has a dashboard-building functionality. Its primary limitation is that only data available within CleverReports can be used. Nonetheless, a CleverReports dashboard could be set up with limited effort and at a low cost, making it the ideal way for NFT to “test the waters” on using a data dashboard. Custom Data Dashboards NFT could also develop a custom data dashboard in the future. Custom dashboards are more expensive, but have the advantage of being able to be tailored precisely to NFT goals, and would allow data from multiple systems to be combined for more powerful insights. A sample custom data dashboard for NFT is shown in Exhibit 7.1. Page 251 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 43 Exhibit 7.1: Sample Custom NFT Data Dashboard By developing a data dashboard, NFT can begin to extract benefits from the data it collects without expending more resources to do it. Dashboards could be procured as a separate system, or they could be created using a generic dashboarding tool, like Power BI or Tableau. KPIs such as on-time performance and ridership are accessible through analysis of the data NFT collects, and other agencies have found them to be useful indicators. Data Dashboard Best Practices Data dashboards can be a powerful tool for any agency, but they are only valuable insofar as they are used to improve planning and processes. Simply creating a dashboard that is checked from time to time will not change anything. If Transit Services develops a dashboard (whether through CleverReports or through a third party), the following best practices should be considered to ensure that the most value is extracted from the effort: Start with one or two metrics and add more over time; Think about how you will use every metric you include in your dashboard; Identify a lead for each metric within NFT; Discuss data trends regularly; and Observe, test, and repeat. Page 252 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 44 7.2 Automated Data Reports from CleverReports CleverReports is a powerful tool. The prime obstacle in the way of NFT realizing this potential is resourcing. A routine automated process could greatly simplify this task. The automated process would run a set of pre-selected reports at specified intervals, extract the data that is important to NFT, and produce a high-level “mega-report”. More detailed data underlying the mega-report would be included as an appendix for a deeper dive into the data. Data trends over specified timeframes could be automated to appear in this report as well. The following are some CleverReports that would provide valuable information to NFT: On-Time Performance A more detailed look into “Trip Delay by Route”, with insights into time of day- specific performance as well as a breakdown of delayed, on-time, and early trips. The worst five routes could be automatically extracted and shown in the proposed mega-report. This metric is a good indicator of the overall quality of service riders are experiencing throughout the day. Prolonged poor on-time performance may indicate that schedules need to be reconfigured. An example of an on-time performance report is shown in Exhibit 7.2. Exhibit 7.2: On-Time Performance Report from CleverReports Missed Trip Summary A table of daily missed trips, for a quick comparison to understand if there is a negative trend. Regular missed trips on a given route may point to overly ambitious scheduling, or they may indicate a personnel-related issue. An automated process to compile insights from reports like these into daily and weekly mega-reports should be set up by personnel at NFT, or by a third party. Page 253 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 45 This would be a one-time effort. To extract the most value from these reports, one personnel or a small team should review the mega-report upon each release and present important insights at broader strategy meetings (for example, once every board period). A process should also be put in place for cases where the results from a report indicate more urgent issues. Resourcing Recognizing that NFT is resource constrained, the use of automated CleverReports reporting is a relatively low-effort data opportunity that can be focused on one or two KPIs. Not including the effort to set this up, these activities could begin with one to two hours of staff effort per week. The data tasks could become part of the portfolio of a technical staff member. Should NFT wish to increase their use of data over time (e.g. through more reports or KPIs), staffing needs and resourcing may increase, but it is not expected that NFT will require a staff member dedicated to data management. 7.3 Conclusions NFT is well-positioned to invest in data analytics and visualization tools in the short-term. With limited investments in data visualization and reporting processes, as well as some new processes to get value out of the new data, NFT can begin to appreciate the value of the advanced systems it has already invested in. Setting up these systems would be a one-time effort and could be contracted out to a third party with experience with data visualization and/or CleverReports automations. Taking advantage of the data you collect is an ongoing process that will yield ongoing benefits. Page 254 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 46 8 Financial and Staffing Plan 8.1 Financial Plan This chapter summarizes the financial plan for the five-year service plan consisting of operating and capital budget estimates, subject to final implementation timing in future. Estimated operating costs associated with each year of the plan are listed and represent annualized, “full year” expenditures assuming a January 1st implementation of the service changes each year. All costs are in 2019 dollars with no allowance for inflation, changes in fare levels, or changes in non-fare revenues in view of the uncertainty surrounding the effects of COVID-19. However, added fare revenue attributable to a projected ridership increase is included. These increases are, of course, highly conjectural at this stage. On the capital side, the primary change in the budget projection is the addition of expansion bus purchases beyond the five-year plan and expansion of the Transit Services facility. Other changes include additional bus shelters. Costs associated with changes or upgrades to terminals, hubs, and transfer points at intersections and at other terminal locations have not been costed as these are included in the Department’s capital budget and Investing in Canada Infrastructure Program (ICIP) funding. Operating Budget The operating budget in Exhibit 8.1 presents the projected expenditures for each of the five years of the plan with 2019 as the base. The total operating cost estimates for each year are calculated on NFT’s 2019 cost per service hour of $123.58 while the fare revenue estimate is based on the 2019 average fare of $1.36 and the projected increase in ridership but with no adjustment for potential fare increases in future. The “Other” revenues are held constant since the factors influencing these revenues has not been analyzed. Similarly, the funding received by the City from the provincial gas tax is also shown as a constant although it may vary in future. This budget indicates that the annual operating cost will increase to $14,264,639 by Year 5 (exclusive of inflation) based on the increased annual service hours. Fare revenues will increase to $2,940,288 based on the projected ridership increase of from 2.25% to 4.5% per year, compounded, with no adjustment in fare levels as discussed in Section 4.2. The Net Municipal Investment will increase to $8,748,552 by Year 5. Page 255 of 551 IBI GROUP REPORT TRANSIT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 47 Exhibit 8.1: Five-Year Service Plan Budget Forecast Category 2019 (Base) Year 1 Year 2 Year 3 Year 4 Year 5 Change Base – Y5 Service Hours 84,121 92,129 98,223 104,593 110,514 115,428 31,307 Ridership Estimate 1,794,000 1,834,000 1,898,000 1,984,00 2,073,000 2,166,000 373,000 Employees (FTEs) 90 94 100 107 113 117 27 Buses* 33 27 28 33 33 33 0 Revenue Sources Passenger Revenues (including U-Pass) $2,434,654 $2,489,433 $2,576,563 $2,692,509 $2,813,427 $2,940,288 $505,634 Other (maintenance, WEGO) $2,043,798 $2,043,798 $2,043,798 $2,043,798 $2,043,798 $2,043,798 - Total Revenue $4,478,452 $4,533,231 $4,620,361 $4,736,307 $4,857,225 $4,984,086 $505,634 Operating Budget Transportation/ Operations $6,553,451 Fuel $1,254,191 Vehicle Maintenance $2,146,923 Plant & Premises $441,142 General/Administration - Total Operating Expenses $10,395,707 $11,385,339 $12,138,438 $12,925,645 $13,657,365 $14,264,639 $3,868,932 Provincial Gas Tax $532,000 $532,000 $532,000 $532,000 $532,000 $532,000 - Net Municipal Investment $5,385,255 $6,320,108 $6,986,077 $7,657,338 $8,268,139 $8,748,552 $3,363,297 Note: *2019 peak bus requirement is for 20 vehicles. Page 256 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 48 The indicated additional staff costs (for bus operators and maintenance staff) are assumed to be included in the projected increased operating costs based on the service hours. Additional administration and operational costs for consultation, promotion, and marketing of the changes in each year of the service plan are anticipated to be required. These may be additional to NFTs base budget for these activities and will need to be reviewed and confirmed at the time of preparing the annual operating budget each year. Also, NFT should review its bus operator training capacity to accommodate the required additional bus operator complement each year. It is suggested that the City consider a higher investment in marketing, communications, and promotion activities to encourage people to return to transit as the community emerges from the effects of the COVID-19 pandemic. Capital Budget As indicated in Section 6.1, the service plan requires no additional buses by Year 5 in view of the current high spare ratio of 65% and the expectation of a reduction in the ratio to 25%. The City’s capital budget provides for the purchase of 8 buses as replacements for life-expired units as well as 3 buses for growth purposes. Other capital expenditures as part of implementing the five-year service plan are: Additional shelters: 135 over the period of the service plan at an estimated cost of approximately $2.0 million, subject to shelter design and location preparation, or $400,000 per year. Annual maintenance costs would be additional. Expansion of the Transit Services facility: Funding for this project is part of the City’s ICIP application. For the service projections beyond 5 years, future bus requirements would be 8 to 9 buses for service expansion depending on the fleet spare ratio as well as detailed service planning. Page 257 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 49 8.2 Staffing Plan To implement the recommended service plan, as well as position to department to better plan and manage the transit service and service improvements, additional bus operator, maintenance staff resources will be required as outlined below. Bus Operators Based on the projected increase in transit service levels and revenue-hours of 30,950 over the term of the 5-year plan and the current bus operator productivity rate of 1,275 revenue service hours, 24 additional bus operators would be required, subject to detailed scheduling and final runcutting. On an annual basis, the number of bus operators would be as shown in Exhibit 8.2. Each of these positions will need to be brought on in advance of the intended implementation date of the service improvements, such as September of each year, and will require training. Training time would be an additional labour cost compared to the estimated operating costs. Page 258 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 50 Exhibit 8.2: Bus Operator Requirements – Years 1 to 5 Bus Operators Required Year Total (FTE) Year-Over- Year Increase 2020 66 - Year 1 72 +6 Year 2 77 +5 Year 3 82 +5 Year 4 87 +5 Year 5 91 +4 Change - +24 Maintenance Staff With regard to maintenance staffing, while the fleet is not projected to increase in total from the present level (33 buses) within the first five years of the plan, subject to any change or reduction in the spare ratio, the increase in revenue- hours per bus will require additional maintenance staff. Any increase assumes the purchase of clean diesel buses. Should a different vehicle technology be adopted then there may be an impact on the maintenance staff requirements. Page 259 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 51 9 Conclusions and Recommendations The foregoing chapters outlined the recommended five- and ten-year service plan for Niagara Falls Transit, designed to improve and enhance this service consistent with the overall objective of increasing transit ridership. The plan provides direction and actions for enhancing the City’s investment in its transit system. The plan proposes some restructuring of the transit route network along with a transition to consistent service on all days of the week to better serve residents’ travel patterns, serve new areas of the city, and address challenges with service segmentation. 9.1 Key Conclusions The following are the key elements of the Transit Strategic Business Plan and Ridership Growth Strategy (the “Plan”): Modify the NFT route network with a particular focus on evening and Sunday/Holiday service improvements: Replace WEGO transfers with an extended route 104, providing coverage on Lundy’s Lane; Improve service frequencies on select routes during peak and off-peak periods; Extend 100-series route service through evenings, Sundays, and Holidays to provide a consistent network on all days of the week at all times of day; and Allocate new service hours for demand-responsive service in growing areas of the city. Increase transit service levels progressively over the five-year period of the plan from approximately 84,121 revenue hours in 2019 to 115,428 revenue hours in year 5 (2025). Retain the existing NFT transfer policy, but with consideration to an extended 90-minute transfer window with future service expansion. Encourage high school students to use local transit through policy changes. Ridership on NFT is projected to increase from approximately 1,794,000 in 2019 to approximately 2,166,000 in year 5 (2025). Page 260 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 52 Total operating costs for NFT would change from $10,395,707 in 2019 to $14,264,639 in year 5 (2025). The City’s net annual investment in the operating cost of the transit system would increase from $5,385,255 in 2019 to $8,748,852 in year 5 (2025). Expand the Transit Services facility to store more buses indoors and provide additional maintenance space for 18 m (articulated) buses. Continue utilizing the existing Morrison/Dorchester location as the main local-regional transit Hub with planned upgrades until a suitable alternative site is identified. 9.2 Recommendations It is recommended that: The Transit Strategic Business Plan and Ridership Growth Strategy: Five-Year Update report with five- and ten-year service plans for the city’s conventional transit service be received and referred to staff and City Council for implementation; The Plan form the basis for the improvement of the city’s transit services over the period 2021 to 2030 and for the planning, management, and operation of transit services within the city; The goals, objectives, service standards, and policies set out in the Plan be adopted; City staff be authorized to proceed to implement the recommended NFT route network changes over the period 2021 to 2025; and Transit Services and other City staff proceed with implementing the service plan route network and service level changes, subject to annual implementation plans to include the associated human resource and infrastructure requirements and the service level and service hour increases within the 2021 and subsequent transit operating and capital budgets. Page 261 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 A-1 Appendix A – Organization and Staffing Review Report Page 262 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 C-1 Appendix B – Data Systems Review Memorandum Page 263 of 551 IBI GROUP REPORT TRANS IT STRATEGIC BUSINESS P LAN AND RIDERSHIP GROWTH STRATEGY: FIVE -YEAR UPDATE Prepared for the City of Niagara Falls November 20, 2020 C-1 Appendix C – Service and Route Review Needs Assessment Report Page 264 of 551 CD-2020-08 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2020-08 Fee Waiver Application Women’s Place of South Niagara Inc. – Nova House Expansion RECOMMENDATION That Council consider the Fee Waiver Application for: Women’s Place of South Niagara Inc. respectfully seeking support from the City of Niagara Falls for a grant equivalent to the Cities’ building permit fees, in the amount of $17,751.54, for their Nova House shelter expansion project in Niagara Falls. EXECUTIVE SUMMARY Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. BACKGROUND The attached completed Fee Waiver Application from “Women’s Place of South Niagara Inc. – Nova House Expansion” shows that the request is for the waiver of building permit fees in the amount of $17,751.54. The waiver will not include the performance deposit in the amount of $1,250.00 that is part of the building permit issuance process. This will be paid by Women’s Place of South Niagara Inc. prior to building permit issuance, and will be refunded upon passing of final inspection and closing of the building permit. Page 265 of 551 2 CD-2020-08 December 8, 2020 A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of the policy. The Nova House Shelter Expansion includes the following details: The expansion of our Niagara Falls domestic violence shelter, with an increase of 10 beds available to the community will increase the safety of women and children in our community. Last year 218 women and 96 children sought safety in our shelters and we received an additional 390 calls seeking shelter beds that we were not able to provide. These are life-saving services and the impact of these beds will be immeasurable. The expansion will provide increased safety tor women and children. We provide counselling and supports to assist women to live free from abuse and link them with other support agencies to build their skill-sets. This will result in decreased police response to domestic violence calls, decreased access of hospital resources and a healthier Niagara Falls community. We have provided a letter of intent from the Canadian Mortgage Housing Corporation with a commitment of $1,452,000.00 to the project. One of their requirements in the letter of intent is that permit fees and development char ges from Niagara Region and the City of Niagara Falls. The Region has provided approval for the waiver of their fees. Not receiving the waiver of building permit fees from the City could jeopardize this funding opportunity and our ability to move forward with the project. We have not entered into a capital campaign for this project. We have received $200,000.00 from Niagara Community Foundation, $50,000 from Wise Guys, waiver of development charges from Niagara Region and an anonymous donation of $1,100,000.00 to support the project. Other grant applications are in the process of review or completion through the Branscombe Family Foundation, Ontario Power Generation and Ontario Trillium Fund. Women's Place of South Niagara's services are completely free to the residents of Niagara and are supported by the Ministry of Children, Community and Social Services, the Ministry of the Attorney General and fundraising in the community. FINANCIAL IMPLICATIONS/BUDGET IMPACT If this application is approved, the total of $17,751.54 in fee waivers would be withdrawn from funds allocated from the 2020 operating budget. 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Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-48 Special COVID-19 Pre-Authorized Property Tax Payment Plan RECOMMENDATION 1. That Council pass the creation of a Special Pre-Authorized Property Taxes COVID- 19 Payment Plan 2. That Council pass a corresponding bylaw for a Special Pre-Authorized Property Taxes COVID-19 Payment Plan on the next Council Agenda 3. That Council pass an Amendment to By-law 2006-48 to reflect changes to the Municipal Act’s definition of penalty and interest EXECUTIVE SUMMARY Special COVID-19 Pre-Authorized Property Tax Payment Plan This report illustrates the financial challenges a penalty reduction into 2021 would create for the 2021 operating budget as well as the challenges of creating a property tax deferral program for all assessment classes without violating Section 106 of the Municipal Act, 2001 (the Act) “Assistance Prohibited” referring to bonusing of commercial and industrial enterprises. Staff is recommending the creation of a Special Pre-authorized Property Taxes COVID- 19 Payment Plan for 2021 which would allow all taxpayers whose taxes were paid in full by February 28, 2020 and who have since experienced severe financial hardship due to the pandemic to pay their outstanding 2020 and 2021 property taxes penalty and interest free over a twelve (12) month period. The financial impact of this program cannot be quantified as it is difficult to estimate the number of accounts who will meet the eligibility criteria amount, apply for the program. Penalty and Interest By-Law Update Throughout discussions with Municipal Tax Equity Consultants (MTE) in preparation for writing this report it was determined that the City’s definitions of penalty and interest Page 273 of 551 2 F-2020-48 December 8, 2020 charges need to be updated to reflect changes made to the Act. Staff is recommending Council pass an amendment to By-law 2006-48 to make these changes. BACKGROUND The COVID-19 pandemic presents one of the greatest financial challenges that families, businesses, communities and municipalities have seen in generations. The COVID-19 pandemic has affected most stakeholders all at once. At the onset of the COVID-19 pandemic, municipalities across Ontario introduced penalty and interest relief programs as a response to the state of emergency declared. The City of Niagara Falls introduced five (5) months of penalty relief from April 1, 2020 until August 31, 2020. At the October 6, 2020 Council meeting Council voted to reduce the penalty rate by 60% from 1.25% to 0.50% per month for October 1, November 1, and December 1, 2020 with staff asked to report back in December with recommendations going forward. Once imposed, penalty and interest amounts are deemed to be taxes and as such, may only be written off or adjusted in circumstances explicitly contemplated by the Act. Municipalities, including Council, have no authority to make arbitrary or discretionary adjustments to penalty and interest duly imposed under a municipal by-law. Under the Act, the only method to provide targeted penalty and interest relief on property taxes is through the municipality’s general authority to make grants. Section 106 of the Act prohibits the making of grants or the waiving of levies or fees for any commercial or industrial enterprise. The Act contains very specific rules against Municipalities assisting commercial or industrial businesses, better known as anti- bonusing provisions and as such Council’s hands are quite tied legislatively with providing assistance to commercial or industrial businesses, including those properties zoned residential, operating as commercial (i.e. landlords, multi residential). See Attachment 1 for an excerpt of Section 106 and 107 of the Act. Whenever a municipality enters into a commercial agreement with a for-profit enterprise (lease, land transfer, grant, funding arrangement, etc.) or contemplates providing financial aid, it must take care not to violate the anti-bonusing provisions contained in Section 106 of the Act, otherwise it is subject to challenge in the Superior Court of Justice. Municipalities are creatures of statute and only possess the powers granted to them by the Province of Ontario. A municipality does not have jurisdiction to pass a by-law, or grant assistance, that is prohibited by the Act. The portion of the Act entitled “Economic Development Services” provides municipalities with several tools, including the general power to make grants or give financial aid to individuals or groups permitted under Section 107. The ability to make grants however, is subject to the Section 106 anti-bonusing provisions, which prohibits municipalities from granting assistance or a bonus to commercial or industrial enterprises. Page 274 of 551 3 F-2020-48 December 8, 2020 The larger purpose of Section 106 is to stop a municipality from incentivizing certain industries and to stop a municipality from potentially giving an unfair advantage to one commercial or industrial enterprise over its business competitors. The City, therefore, cannot create a property tax deferral program to write off or reverse penalty and interest charges on any commercial or industrial entities. The City is recommending a program that will benefit all assessment classes. ANALYSIS/RATIONALE Recommendation #1 and 2: Creation of a Special Pre-authorized Property Tax COVID-19 Payment Plan It is staff’s recommendation to create a special COVID-19 payment plan. This plan would allow the City to provide additional support to those residents and businesses who have suffered severe financial hardship due to the pandemic without violating the Municipal Act. This recommendation would result in the creation of a new by-law to implement the program. If Council approves this program the new by-law will be providedon the next Council agenda for approval. The payment plan would allow for all taxpayers including both owners and tenants responsible for paying property taxes the ability to pay their outstanding property taxes from 2020 and current taxes from 2021 through pre-authorized payments over twelve (12) equal installments on the 16th of each month from February 16, 2021 to January 16, 2022. No penalty and interest would be charged for accounts on this payment plan. If a payment is returned non-sufficient funds (NSF) the owner must replace the payment within the first month of default. If the payment is not replaced within one month the account will be removed from the program and normal penalty and interest charges will begin as of the date of default. Program Criteria Residential/ Farm Criteria Acceptable Documentation Property Tax Account must have been paid in full by February 28, 2020 i.e. First installment of the interim 2020 tax bill must have been paid The City will use its records to confirm this prior to granting any eligibility under this special payment plan. Must not have any outstanding applications for any other form of property tax relief from the City in respect to 2020 or 2021 taxes, including but not limited to: Assessment Appeals Requests for Reconsideration Any other special relief under the Municipal Act The City will confirm this prior to granting any eligibility under this special payment plan. Page 275 of 551 4 F-2020-48 December 8, 2020 Criteria The property must be the primary residence of all owners or a tenant who is directly responsible for paying the property taxes. Owner Occupants must provide: A copy of a 2019 or 2020 federal Notice of Assessment confirming the primary address of all listed owners Current driver’s license or other official documentation confirming the address as primary residence Tenant Occupants must provide: A copy of the current lease to confirm when occupancy began and that the tenant is directly responsible for paying the property taxes A receipt or bank statement showing the last property tax payment was made by the tenant Current driver’s license or other official documentation confirming the address as primary residence Must demonstrate severe financial hardship resulting from the COVID-19 pandemic during 2020 Evidence of application and acceptance to receive benefits under the federal/provincial COVID-19 related relief programs. For example: Canada Emergency Response Benefit (CERB) Emergency Leave Other similar programs Any other documentation, form or evidence that establishes severe demonstrable financial impacts as determined in the sole discretion of the Treasurer. Applications and all supporting documentation must be received by January 29, 2021 Applications can be submitted: Online through the City website Dropped off to either City Hall or the MacBain Centre Page 276 of 551 5 F-2020-48 December 8, 2020 Commercial/ Industrial Criteria Criteria Acceptable Documentation Property Tax Account must have been current as of February 28, 2020 i.e. First installment of the interim 2020 tax bill must have been paid The City will use its records to confirm this prior to granting any eligibility under this special payment plan. Must not have any outstanding applications for any other form of property tax relief from the City in respect to 2020 or 2021 taxes, including but not limited to: Assessment Appeals Requests for Reconsideration Any other special relief under the Municipal Act Vacancy Rebates The City will confirm this prior to granting any eligibility under this special payment plan. Must document that the core operation of the business at the subject location was adversely impacted Documents that establish disruption of business beginning no earlier than March 2020 including: Forced closure notice Layoff notice sent to employees Notice of closure sent to patrons Evidence of application/acceptance to receive benefits under federal/provincial COVID-19 relief programs including but not limited to the Canada Emergency Commercial Rent Assistance. Documents that establish severely reduced business income beginning no earlier than March 1, 2020 compared to the same time last year including at least one of the following: Gross receipts Revenue from sales Profit/loss statements Evidence of defaulted rent payments Applications and all supporting documentation must be received by January 29, 2021 Applications can be submitted: Online through the City website Dropped off to either City Hall or the Macbain Centre Page 277 of 551 6 F-2020-48 December 8, 2020 Additional Criteria for Commercial Landlords of Tenanted Properties All criteria from “commercial and industrial” listed above as well as the following: Criteria Acceptable Documentation A property wide reduction in rental income of 30% or greater for 2020 A copy of 2019 and 2020 rent rolls for the property showing the status of each account Confirmation that vacancies are related to the pandemic A written summary of tenants that terminated their leases or failed to renew (and were not replaced) during 2020 Confirmation of an unrecoverable reduction in rental income from current tenants If tenants that defaulted continue to occupy the property, an explanation as to whether they remain responsible for those rental amounts. Copies of rent reduction agreements entered into with the tenants under the Canada Emergency Commercial Rent Assistance Program Authorization to confirm tenant account details with tenants A listing of current tenants that have been relieved of paying any amounts in default along with authorization for the City to contact the tenant to seek confirmation if deemed appropriate MTE mentioned that one potential downfall of initiating a special COVID-19 payment plan going into 2021 for Council to consider is the impact it will have on those who have already paid their property taxes in full. When penalty and interest was re-instated in September 2020 many taxpayers would have faced a challenging decision as to whether to pay their property taxes over other financial commitments. Those who choose not to pay their property taxes would now be given an unfair advantage of carrying these balances forward into 2021 penalty and interest free over those who made the decision to pay their property taxes and perhaps let other financial commitments lapse. Consideration of Penalty and Interest Reduction for 2021 Budget The Act allows penalty and interest to be charged at a maximum rate of 1.25% per month. For the period October 1, 2020 to December 31, 2020 Council decided to reduce the penalty rate by 60% from 1.25% per month to 0.50% per month. In 2020 penalty and interest revenue was budgeted at $2,000,000. As of November 1st penalty and interest revenue amounted to $1,552,000 with one more month of penalty and interest to be applied, estimated at approximately $150,000. This would make total Page 278 of 551 7 F-2020-48 December 8, 2020 penalty revenue earned for 2020 approximately $1,702,000 resulting in a budget deficit of an estimated $298,000. If Council decided to reduce the penalty and interest revenue in 2021, the 2021 budget would need to be modified to reflect the reduced anticipated revenues. Staff have prepared the following chart illustrating the increase required to the tax levy to decrease the penalty and interest in varying levels as follows: Sample Penalty and interest reduction Sample Monthly Penalty and Interest Rate Estimated 2021 penalty and interest budget Required reduction in 2021 budget (from 2020) Estimated Increase required to Tax Levy 0% 1.25% 2,000,000 0 0.00% 20% 1.00% 1,600,000 400,000 0.58% 40% 0.75% 1,200,000 800,000 1.17% 60% 0.50% 800,000 1,200,000 1.75% 80% 0.25% 400,000 1,600,000 2.34% 100% 0.00% 0 2,000,000 2.92% As you can see reducing penalty and interest rates only benefits those taxpayers that do not pay their installments within the required due date, however, all taxpayers would be impacted by a levy increase to accommodate any reduction in penalty and interest revenue. As a result, staff cannot recommend this option as doing so unfairly shifts the burden onto all taxpayers while only those with outstanding balances receive any benefit. As of the end of October 2020 collection only lags slightly behind October 2019. Outstanding taxes overall have increased by $7.8 million compared to the same time last year. Although as a whole this number may seem like a large increase it must be compared to the taxes billed in the same year. Taxes outstanding as a percentage of taxes billed in October 2020 is 19.1% compared to 17.5% in October 2019. Overall this is only an increase of 1.6%. Total number of reminder notices sent out in November 2020 was actually slightly less than the total number of notices sent out for November 2019 indicating there is actually less total tax accounts in arrears compared to the same time last year. The point being, there is not nearly the collection issue that staff worries Council perceives, but rather collection is fairly consistent with the prior year and thus further discussion about reducing penalty and interest revenue would appear to be unnecessary and unwarranted. Page 279 of 551 8 F-2020-48 December 8, 2020 Recommendation #3: Amendment of By-law 2006-48 to reflect the changes to the Municipal Act’s definition of penalty and interest After discussions with external consultants, MTE, Staff determined the City’s definition of both penalty and interest must be updated to reflect Section 345 of the Municipal Act, 2001. Penalty: May be assessed against an amount of taxes that remain unpaid on the first day of default. The amount cannot exceed 1.25% of the amount due and unpaid. These are imposed once, and then interest begins to accrue. Interest: May be imposed on taxes that are due and unpaid. The maximum rate of interest allowed is 1.25% per month and cannot begin to accrue prior to the first day of default. Interest may only be imposed against the principal tax amount (No compound interest) The essential difference between penalty and interest is that penalties are imposed once, against the amount of the tax installment that is due and remained unpaid. Interest accrues and is imposed against the total outstanding balance of a tax account that has become due and remains unpaid. The actual way in which penalty and interest has been charged remains correct, only the definitions within the by-law need to be amended. Staff have prepared an amending by-law to By-law 2006-48 to correct these definitions. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The financial implications of creating a special COVID-19 payment plan is difficult to estimate as it will depend on the number of accounts meet the eligibility requirement and apply for the program. There are no financial implications on the by-law amendment to correct the definitions of penalty and interest. Page 280 of 551 9 F-2020-48 December 8, 2020 CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS Attachment 1: Municipal Act Section 106 and 107 Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Ferguson Page 281 of 551 https://www.ontario.ca/laws/statute/01m25#BK127 1/1 Assistance prohibited 106 (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2001, c. 25, s. 106 (1). Same (2) Without limiting subsection (1), the municipality shall not grant assistance by, (a) giving or lending any property of the municipality, including money; (b) guaranteeing borrowing; (c) leasing or selling any property of the municipality at below fair market value; or (d) giving a total or partial exemption from any levy, charge or fee. 2001, c. 25, s. 106 (2). Exception (3) Subsection (1) does not apply to a council exercising its authority under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act. 2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23; 2006, c. 23, s. 34. Section Amendments with date in force (d/m/y) General power to make grants 107 (1) Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interests of the municipality. 2001, c. 25, s. 107 (1). Loans, guarantees, etc. (2) The power to make a grant includes the power, (a) to guarantee a loan and to make a grant by way of loan and to charge interest on the loan; (b) to sell or lease land for nominal consideration or to make a grant of land; (c) to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by council; (c.1) to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council; (d) to sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the municipality or to provide for the use of the personal property on such terms as may be fixed by council; and (e) to make donations of foodstuffs and merchandise purchased by the municipality for that purpose. 2001, c. 25, s. 107 (2); 2006, c. 32, Sched. A, s. 49. Section Amendments with date in force (d/m/y) F-2020-48 Attachment 1: Municipal Act Section 106 and 107 Page 282 of 551 F-2020-50 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-50 Approval of Interim 2021 Spending Limits RECOMMENDATION That, in the absence of an adopted 2021 General Purposes Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments’ expenditure budget of the prior year. EXECUTIVE SUMMARY Spending authority is delegated to staff by Council through the approval of the annual budgets. Interim spending authority provides staff with similar authority within approved limits during the year up to the date of passage of said budget. BACKGROUND Staff’s authority to make payments to staff and suppliers is derived from an approved annual budget. Preparation of the 2021 General Purposes Budget and the 2021 Parking Budget are underway, the 2021 Water/Wastewater budget is being presented tonight and the 2021 Capital Budget has been completed and presented to Council on November 17, 2020. As a result, staff requests that Council approve interim spending limits for 2021 until these are approved. The Municipal Act, 2001 provides Council with the opportunity to authorize staff to operate and remit payments for expenditures incurred prior to the approval of a 2021 budget. This authority is required for the City to maintain its operations until the final budgets are approved. Consideration of the 2021 budget has started but will not be approved until the new year. All departments should be able to operate with an interim spending approval of approximately 50% of the 2020 budget. If Council approval of the budget is not achieved by the end of May, 2021, a further report with an amended interim spending authority will be submitted. Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 283 of 551 F-2020-51 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-51 2021 Capital Budget Follow Up RECOMMENDATION 1. That the 2021 Capital Project “Beck Road Bridge Replacement” be cancelled for 2021 and that the Federal Gas Tax funding of $1,360,000 approved on November 17, 2020 be returned to the Federal Gas Tax reserve fund. Please note, Staff will re-request this item in the 2022 capital budget. 2. That the commitment of 2021 capital spending from a proposed transfer from the tax supported operating budget to the 2021 capital budget of $4,149,353 be revised to $2,147,968. 3. That an additional $1,419,500 in debt be approved to fund a portion of the 2021 capital budget no longer proposed to be funded by a transfer from the tax supported operating budget. 4. That $581,885 in Federal Gas Tax funding be approved to fund a portion of the 2021 capital budget no longer proposed to be funded by a transfer from the tax supported operating budget. 5. That a further $530,000 in debt be approved to fund prior year portions of three (3) of the 2021 projects proposed to receive debt funding under recommendation 3 and as illustrated in Attachment 2, in order to fully debt fund these projects, returning previously approved Ontario Lottery and Gaming (OLG) funding to the reserve, offsetting some of the OLG over-commitment. 6. That the amended 2021 capital budget expenses and funding as illustrated in Attachment 3 be approved. EXECUTIVE SUMMARY Historically, since 2013 the tax supported operating budget contains a $4,000,000 transfer to the capital budget and Council commits the entire amount annually to capital Page 284 of 551 2 F-2020-51 December 8, 2020 spending. Council is aware there is no reason to see the tax supported operating budget prior to the capital budget approval unless they were planning to reduce the transfer to capital. The transfer figure is the only link between the two budgets and Staff did not propose an increase in same. With an annual infrastructure deficit of almost $26,000,000 (excluding water and sanitary sewer assets), Staff cannot recommend reducing the $4,000,000 transfer to capital that is built into the tax supported operating budget, as it is already woefully inadequate based on infrastructure deficits and in dire need of regular increases. Even taking into account the annual use of approximately $5,000,000 to $10,000,000 of OLG funds towards this annual funding deficit still leaves a $16,000,000 to $21,000,000 annual funding deficit per the 2013/2014 Asset Management Plans. Reducing this annual funding deficit has been one of Council’s recent accomplishments through dedicating more funds to capital from water and sewer transfers to capital however is lagging in the tax supported operating. The transfer to capital from the tax supported operating budget and water and wastewater budgets are the only sustainable transfers the City can count on to fund its capital program. Other funding options include available grants, debt financing, development charges and the use of reserves/reserve funds. With the OLG money the City has been receiving under the new agreement for the last 7 years, the City has historically committed around $5,000,000 to $10,000,000 of it annually on capital projects. The City however has not made much effort to maintain healthy capital reserves by recommending budgeted transfers to capital reserves for future savings, thus balances are relatively small and not adequate to fund the capital program, but rather are maintained more for emergencies, requests for additional funding and Council’s new business requests that all come outside of budget approval. In terms of long-term financial planning, Staff would recommend a long term strategy for minimum capital reserve balances, likely based on a percentage of asset value and Council to commit to a policy for same. Once the City has its updated Asset Management Plans in 2021 and 2023 Staff will use this information to guide a capital reserve policy and bring same back to Council for approval. At its meeting on November 17, 2020 Council passed a motion to approve the 2021 capital budget in its entirety, but temporarily suspend 34 projects, with a gross capital budget of $9,047,166, that had proposed funding from the tax supported operating budget of $4,149,353. Council asked staff to report back with a financing strategy to minimize the commitment to capital from the tax supported operating budget. Per past practice Staff had initially suggested committing the full $4,000,000 transfer to 2021 capital spending, plus reallocate $200,000 in IT computer spending, previously budgeted in the tax supported operating budget that is capital in nature. Staff has reviewed all available funding sources and has determined that debt financing is the main viable option to minimize the $4,000,000 commitment from the tax supported Page 285 of 551 3 F-2020-51 December 8, 2020 operating budget. Attachment 2 provides a summary of staff’s proposal to bring the initial proposed commitment of $4,149,353 down to $2,147,968. The difference of $2,001,385 is proposed to be funded by a combination of Federal Gas Tax funding, made available by the cancellation of the Beck Road Bridge Replacement project for 2021, and debt financing. When Council deliberates on the tax supported operating budget in January it should not treat the $4,000,000 transfer as a balancing tool to use to mitigate a levy increase. Staff cannot stress how detrimental that would be in terms of long term capital financing strategy and how difficult it would be to build that back into the budget. If removed from the budget, a $2,000,000 increase would represent approximately a 2.9% levy increase to add it back in 2022 (an election year). Rather staff is comfortable with the approach of only committing $2,147,968 of the transfer, but leaving $4,000,000 budgeted, knowing there’s approximately a $2,000,000 buffer of uncommitted dollars built into the 2021 budget should other budgeted revenue projections (OLG, user fees) not come through. This seems like a prudent plan to mitigate risk in this uncertain budget year. If at the end of 2021 there is a surplus and some or all of the uncommitted approximate $2,000,000 can be transferred, staff recommends transfers to capital special purpose reserves to help build those capital reserve balances back up to more sustainable levels. This will be discussed further and decided on during the tax supported operating budget deliberations in the new year. Some of the 2021 funding being replaced with debt financing are top-up amounts to already approved funding. As such, staff feel that it is prudent to debt finance the entirety of the project, rather than only a portion and is therefore proposing $530,000 in additional debt to finance the entirety of the three (3) projects impacted. Previously approved OLG funding in these projects will be returned to the OLG reserve which will help to reduce the over-commitment of OLG funds. BACKGROUND Per the 2013/2014 Asset Management Plans (AMP) for the City of Niagara Falls, it was identified that current levels of funding were not sufficient to address the infrastructure backlog the City was facing. Figure 1 below illustrates the available funding compared to the funding required annually per the 2013/2014 Asset Management Plans. Since these AMPs were created, levels of funding have remained relatively consistent other than increases in the annual contributions from Water and Sanitary beginning in 2019 combined with a commitment of $5,000,000 to $10,000,000 in OLG dollars annually beginning in 2014. For example, Council has not increased the $4,000,000 transfer to capital from the tax supported operating budget since 2013 and thus allocated no additional dollars to address the growing infrastructure deficit in roads, among other categories. It is also important to consider that these funding deficit figures need to grow due to new assets having been built since 2013/2014, compounded by inflation and increasing costs of materials. Page 286 of 551 4 F-2020-51 December 8, 2020 It is critically important additional annual investments in capital be made to ensure the City keeps pace with its growing infrastructure backlog and does not fall further behind. Under the new provincial regulation O. Reg. 588/17, municipalities are required to prepare an asset management plan for core infrastructure assets by July 1, 2021 and for other municipal infrastructure assets by July 1, 2023. Staff anticipates that this revised asset management plan will highlight the critical need to increase ongoing investment in the state of good repair of its assets. Figure 1 – 2013/2014 Niagara Falls Asset Management Plans Source: 2013/2014 Asset Management Plans for the City of Niagara Falls prepared by Public Sector Digest The Federation of Canadian Municipalities (FCM) has produced a brief, but insightful video on the importance of investments in Asset Management. Staff encourages Members of Council and the public to watch it at the following link: https://youtu.be/Wx6YxOZkWZc Historically the City’s tax supported operating budget has contributed approximately $4,000,000 to the capital budget to help maintain the state of good repair of the City’s capital assets. The Sewer and W ater utility budget also make similar contributions to the capital budget currently at $5,000,000 annually. Additionally the City utilizes a variety of different funding sources in the capital budget, many with distinct purposes or restrictions. OLG funding has previously contributed between $5,000,000 and $10,000,000 to the capital budget, and the City has become reliant on this annual contribution to fund infrastructure investments. Due to the COVID-19 pandemic, the City received significantly less OLG funding, than it has historically, and is unable to utilize any of this funding in the 2021 capital budget. This has put an enormous burden on all other available funding Page 287 of 551 5 F-2020-51 December 8, 2020 sources to attempt to make up for this funding shortfall and still have somewhat of a capital program for 2021. Development Charges (DC) are used to fund capital needs associated with growth. Not all growth investments can be fully funded from DCs, as some investments benefit the existing residents and do not solely service new residents. As a result, the City is often forced to use other eligible sources to fund the non DC share. Grants and Subsidies are used to fund strategic projects, meeting specific program criteria. These criteria are set by the granting body, sometimes require a defined city funding contribution, and exclude several categories of costs which historically have been funded by the tax supported operating budget transfer. These ineligible costs may include labour related costs, design-only projects etc. Federal and Provincial Gas Tax is used to fund bus purchases, investments in roads and bridges and community infrastructure such as recreation facilities. This program has specific criteria projects must meet, and there are a several categories of costs ineligible for reimbursement under this program. Capital Special Purpose Reserves (CSPR) are used at the discretion of the Treasurer to help address capital needs. Historically these reserves have not received sustainable funding on an ongoing basis and have been committed to dangerously low levels to help mitigate the pressure to taxpayers. These are no longer viable in their current state to help fund additional capital requirements and staff will be looking at a strategy in the coming years to help improve the health of CSPRs. Reserve Funds are restricted funds for a defined purpose. DCs, Parkland Dedication, Trusts and Endowments are some examples. These funds have specific requirements and eligibility for their use, and cannot be repurposed by staff. These are typically applied first where eligible, before considering any additional funding, limiting their ability to help minimize the transfer from the tax supported operating budget at this time. Staff has reviewed all available funding sources and has determined that debt financing is the main viable option to minimize the commitment of $4,000,000 from the tax supported operating budget. ANALYSIS/RATIONALE Staff reviewed all available and eligible funding sources. Capital Special Purpose Reserve balances are not healthy enough for staff to recommend their use, and other funding sources such as Development Charges and Grant Funding have already been maximized during the preparation of the 2021 capital budget. Through the cancellation of the Beck Road Bridge Replacement project, some Federal Gas Tax Funding can be made available and as such staff allocated projects meeting the program eligibility criteria. Page 288 of 551 6 F-2020-51 December 8, 2020 Beck Road bridge over Lyons Creek has reached the end of its useful life and requires immediate replacement. The project is tender-ready; however, biologists have confirmed the presence of an at-risk species of plant protected under the Endangered Species Act that is growing in and around the structure. Approvals from the Ministry of Environment, Conservation and Parks to relocate this species is expected to take up to 12 months; therefore deferring this project to the 2022 capital budget process will not negatively affect the timing of this project. However deferral beyond 2022 is strongly not recommended due to the advanced deterioration of the structure. Debt financing is the last remaining funding source for consideration and was applied to all eligible projects. Per the Municipal Act, 2001, only some projects are candidates for debt due to the expected life of the asset or the nature of the expenses incurred to date. Per section 408(3) in the Municipal Act, 2001: “The term of a debt of a municipality or any debenture or other financial instrument for long-term borrowing issued for it shall not extend beyond the lifetime of the capital work for which the debt was incurred and shall not exceed 40 years” Staff applied debt to projects where the expected useful life of the resulting asset is five (5) years or greater and the funding required on a per-project basis was greater than $30,000. Staff did not recommend debt financing projects below these thresholds as it is not a prudent financial decision. Projects where the costs were only for design work were excluded, as there is not yet funding approved for construction of the asset. There are also some larger projects which are not eligible for debt, such as labour-related costs. In the absence of other eligible funding sources, staff has recommended that ineligible projects, and projects under the thresholds remain funded by the tax supported operating budget as outlined in Attachment 2. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Attachment 1 contains a summary of the 34 projects in the 2021 capital budget which were proposed to be funded by the tax supported operating budget in the amount of $4,149,353. With Council’s decision to suspend this funding at the November 17, 2020 Council meeting, staff is proposing the financing strategy outlined in Attachment 2. Gas Tax made available by the cancellation of the Beck Road Bridge Replacement project will be allocated to one (1) project totalling $581,885. Debt financing of $1,419,500 will be used to fund projects resulting in assets with a useful life five (5) years or greater and where debt is deemed to be a prudent financing instrument by the Treasurer. There are some projects where the nature of the costs do not make them eligible or appropriate for debt financing, and will need to continue to be funded by the tax supported operating budget. Page 289 of 551 7 F-2020-51 December 8, 2020 As debt is being taken on for some projects to “top-up” previously approved funding, staff is recommending that the previous funding be swapped with debt, in order to debt finance the entirety of these projects. There are three (3) projects that meet this criteria, totalling $530,000 in additional debt. The original OLG funding approved prior to the 2021 top-up request will be returned to the OLG reserve and help to reduce the over-committed OLG funds. Based on all of the recommendations made by staff, Attachment 3 provides a summary of the amended 2021 capital budget for Council’s approval. LIST OF ATTACHMENTS 1. 2021 Capital Budget - Tax Supported Operating Budget Funded Projects 2. 2021 Capital Budget - Revised Tax Supported Operating Budget Funded Projects 3. 2021 Capital Budget - Amended 2021 Capital Budget Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer J. Dowling/T. Clark Page 290 of 551 Attachment 1 - 2021 Capital Budget - Tax Supported Operating Budget Funded Projects F-2020-51 December 8, 2020 Dept Priority Project Description Total Budget Operating % Fire High NG 9-1-1 Consultant 200,000 200,000 100% Municipal Works High Drummond Road Watermain Replacement & Road Reconstruction 4,207,900 581,885 14% Parks High Firemen's Park Ampitheatre 250,000 250,000 100% Cemetery High Restoration of Veteran Monuments (Federal Gevernment Partnership)40,000 20,000 50% 4,697,900 1,051,885 22% Dept Priority Project Description Total Budget Operating % Municipal Works High Salaries 1,188,296 396,098 33% Municipal Works High Dorchester Road Reconstruction Oldfield to McLeod 55,000 49,500 90% Municipal Works High Koabel Road Bridge S099B Rehabilitation 52,500 52,500 100% Municipal Works High Major Donald Dell Bridge S101B Rehabilitation 67,500 67,500 100% Municipal Works High Schisler Road Bridge S094B Rehabilitation 66,000 66,000 100% Municipal Works High Willowdell Road Bridge S100B Rehabilitation 112,500 112,500 100% Municipal Works High Detenbeck Road Bridge S128B Replacement 45,000 45,000 100% Municipal Works High Garner Road Reconstruction Hydro Corridor to McLeod 135,000 135,000 100% Municipal Works High Whirlpool Road Reconstruction 30,000 30,000 100% Parks High Corwin Park Trail Development 31,000 31,000 100% Parks High Warren Woods Trail Development 100,000 10,000 10% Parks High Warren Woods Trail Parkette Development 60,000 6,000 10% Cemetery High Supply & Installation of Two 72 Niche Granite Columbaria in Maple Grove Columbarium Garden in Fairview Cemetery 160,000 160,000 100% Traffic Medium Traffic Calming Projects - Various Locations 43,500 43,500 100% Fire High PPE (Bunker Gear)100,000 100,000 100% Fire High Boathouse 350,000 350,000 100% Fire High Communications Recording System 25,000 25,000 100% Fire High Water Rescue Equipment 55,000 55,000 100% Planning & Building High City Hall Replacement Main Hydro Disconnect 75,900 58,300 77% Planning & Building Medium South NF/Grassy Brook Secondary Plan 325,000 32,500 10% R&C High Gale Centre Refrigeration System Replacements 535,000 535,000 100% R&C High MacBain CC Pylon Sign and Millennium Clock Retrofit 50,000 50,000 100% Gen. Gov. - Airport High Niagara District Airport - 2021 Agreement 118,070 118,070 100% Gen. Gov & IS High Furniture 10,400 10,400 100% Gen. Gov & IS High Small Equipment 155,100 155,100 100% Gen. Gov & IS (Finance)High IS - Hardware Technology Purchases 300,000 300,000 100% Gen. Gov & IS (Finance)High IS - Station 7 NRBN Fiber Failover Build Costs 22,500 22,500 100% Gen. Gov & IS (Mayor/CAO)Medium Mayor - WiFi for City Parks & Pools 46,000 46,000 100% Gen. Gov & IS (Fire)Medium Fire - Station 1 Camera Upgrade 20,000 20,000 100% Gen. Gov & IS(MW)Medium MW - Builterra 15,000 15,000 100% 4,349,266 3,097,468 71% 9,047,166 4,149,353 46%GRAND TOTAL 2021 PROPOSED 2021 Proposed Projects 2021 Pre-Approved Projects 2021 Capital Budget - Tax Supported Operating Budget Funded Projects 34 Capital Projects | Commitment From Tax Supported Operating Budget: $4,149,353 | Gross Budget: $9,047,166 TOTAL 2021 PROPOSED TOTAL 2021 Pre-Approved Page 291 of 551 Attachment 2 - 2021 Capital Budget - Revised Tax Supported Operating Budget Funded Projects F-2020-51 December 8, 2020 Dept Priority Project Description Total Budget Original Operating Revised Operating Debt Debt (Prior Years) Federal Gas Tax Fire High NG 9-1-1 Consultant 200,000 200,000 200,000 Municipal Works High Drummond Road Watermain Replacement & Road Reconstruction 4,207,900 581,885 581,885 Parks High Firemen's Park Ampitheatre 250,000 250,000 250,000 380,000 Cemetery High Restoration of Veteran Monuments (Federal Gevernment Partnership)40,000 20,000 20,000 4,697,900 1,051,885 220,000 250,000 380,000 581,885 Dept Priority Project Description Total Budget Original Operating Revised Operating Debt Debt (Prior Years) Federal Gas Tax Municipal Works High Salaries 1,188,296 396,098 396,098 Municipal Works High Dorchester Road Reconstruction Oldfield to McLeod 55,000 49,500 49,500 Municipal Works High Koabel Road Bridge S099B Rehabilitation 52,500 52,500 52,500 Municipal Works High Major Donald Dell Bridge S101B Rehabilitation 67,500 67,500 67,500 Municipal Works High Schisler Road Bridge S094B Rehabilitation 66,000 66,000 66,000 Municipal Works High Willowdell Road Bridge S100B Rehabilitation 112,500 112,500 112,500 Municipal Works High Detenbeck Road Bridge S128B Replacement 45,000 45,000 45,000 Municipal Works High Garner Road Reconstruction Hydro Corridor to McLeod 135,000 135,000 135,000 Municipal Works High Whirlpool Road Reconstruction 30,000 30,000 30,000 Parks High Corwin Park Trail Development 31,000 31,000 31,000 Parks High Warren Woods Trail Development 100,000 10,000 10,000 Parks High Warren Woods Trail Parkette Development 60,000 6,000 6,000 Cemetery High Supply & Installation of Two 72 Niche Granite Columbaria in Maple Grove Columbarium Garden in Fairview Cemetery 160,000 160,000 160,000 Traffic Medium Traffic Calming Projects - Various Locations 43,500 43,500 43,500 Fire High PPE (Bunker Gear)100,000 100,000 100,000 Fire High Boathouse 350,000 350,000 350,000 100,000 Fire High Communications Recording System 25,000 25,000 25,000 Fire High Water Rescue Equipment 55,000 55,000 55,000 Planning & Building High City Hall Replacement Main Hydro Disconnect 75,900 58,300 58,300 Planning & Building Medium South NF/Grassy Brook Secondary Plan 325,000 32,500 32,500 R&C High Gale Centre Refrigeration System Replacements 535,000 535,000 535,000 R&C High MacBain CC Pylon Sign and Millennium Clock Retrofit 50,000 50,000 50,000 50,000 Gen. Gov. - Airport High Niagara District Airport - 2021 Agreement 118,070 118,070 118,070 Gen. Gov & IS High Furniture 10,400 10,400 10,400 Gen. Gov & IS High Small Equipment 155,100 155,100 155,100 Gen. Gov & IS (Finance)High IS - Hardware Technology Purchases 300,000 300,000 300,000 Gen. Gov & IS (Finance)High IS - Station 7 NRBN Fiber Failover Build Costs 22,500 22,500 22,500 Gen. Gov & IS (Mayor/CAO)Medium Mayor - WiFi for City Parks & Pools 46,000 46,000 46,000 Gen. Gov & IS (Fire)Medium Fire - Station 1 Camera Upgrade 20,000 20,000 20,000 Gen. Gov & IS(MW)Medium MW - Builterra 15,000 15,000 15,000 4,349,266 3,097,468 1,927,968 1,169,500 150,000 - 9,047,166 4,149,353 2,147,968 1,419,500 530,000 581,885 TOTAL 2021 Pre-Approved 2021 Proposed Projects TOTAL 2021 PROPOSED GRAND TOTAL 2021 PROPOSED 2021 Capital Budget - Revised Tax Supported Operating Budget Funded Projects 34 Capital Projects | Revised Commitment From Tax Supported Operating Budget: $2,147,968 | Gross Budget: $9,047,166 2021 Pre-Approved Projects Page 292 of 551 Attachment 3 - 2021 Capital Budget - Amended 2021 Capital Budget F-2020-51 December 8, 2020 Total Total EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 Consulting 4,911,670 - - - - 4,911,670 Consulting 4,611,670 - - - - 4,611,670 Land/Building 8,556,870 - - - - 8,556,870 Land/Building 8,556,870 - - - - 8,556,870 Furniture/Equip 10,300,500 - - - - 10,300,500 Furniture/Equip 10,300,500 - - - - 10,300,500 Construction - - - - - - Construction - - - - - - Roads 8,662,194 - - - - 8,662,194 Roads 7,602,194 - - - - 7,602,194 Water 6,032,123 2,887,688 - - - 8,919,811 Water 6,032,123 2,887,688 - - - 8,919,811 Storm Sewers 1,519,734 - - - - 1,519,734 Storm Sewers 1,519,734 - - - - 1,519,734 Sanitary Sewers 2,731,100 - - - - 2,731,100 Sanitary Sewers 2,731,100 - - - - 2,731,100 Sitework/Landscaping 1,178,000 40,000 - - - 1,218,000 Sitework/Landscaping 1,178,000 40,000 - - - 1,218,000 Contingency 1,309,284 144,384 - - - 1,453,668 Contingency 1,309,284 144,384 - - - 1,453,668 Other 2,900,466 - - - - 2,900,466 Other 2,900,466 - - - - 2,900,466 TOTAL EXPENDITURES 48,101,940 3,072,072 - - - 51,174,012 TOTAL EXPENDITURES 46,741,940 3,072,072 - - - 49,814,012 FUNDING SOURCES FUNDING SOURCES Transfer from Operating (4,149,353) (20,000) - - - (4,169,353) Transfer from Operating (2,147,968) (20,000) - - - (2,167,968) Transfer from Operating (Library)(11,000) - - - - (11,000) Transfer from Operating (Library)(11,000) - - - - (11,000) Transfer from Sewer (4,568,461) (1,030,549) - - - (5,599,010) Transfer from Sewer (4,568,461) (1,030,549) - - - (5,599,010) Transfer from Water (4,996,948) (1,030,549) - - - (6,027,497) Transfer from Water (4,996,948) (1,030,549) - - - (6,027,497) Capital SPRs (2,600,974) (970,974) - - - (3,571,948) Capital SPRs (2,600,974) (970,974) - - - (3,571,948) OLG - - - - - - OLG - - - - - - Reserve Funds (25,000) - - - - (25,000) Reserve Funds (25,000) - - - - (25,000) Development Charges (3,548,655) - - - - (3,548,655) Development Charges (3,548,655) - - - - (3,548,655) Debentures (9,837,822) - - - - (9,837,822) Debentures (11,257,322) - - - - (11,257,322) Gas Tax (7,176,705) - - - - (7,176,705) Gas Tax (6,398,590) - - - - (6,398,590) Provincial/Federal Grants (10,086,752) (20,000) - - - (10,106,752) Provincial/Federal Grants (10,086,752) (20,000) - - - (10,106,752) External Contributions (815,000) - - - - (815,000) External Contributions (815,000) - - - - (815,000) Other*(285,270) - - - - (285,270) Other*(285,270) - - - - (285,270) TOTAL FUNDING SOURCES (48,101,940) (3,072,072) - - - (51,174,012) TOTAL FUNDING SOURCES (46,741,940) (3,072,072) - - - (49,814,012) *Other represents projects or parts of projects from 2020 that staff have recommended be cancelled for 2020 Funds will be placed in a reserve to use for 2021 priorities. These projects will be listed on a future close out report to Council as Presented November 17, 2020 as Amended December 8, 2020 CONSOLIDATED 2021 PROPOSED AND PRE-APPROVED CONSOLIDATED 2021 PROPOSED AND PRE-APPROVED 2021-2025 Capital Projects Budget 2021-2025 Capital Projects Budget Page 1 of 3Page 293 of 551 Attachment 3 - 2021 Capital Budget - Amended 2021 Capital Budget F-2020-51 December 8, 2020 Total Total EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 Consulting 4,140,170 - - - - 4,140,170 Consulting 3,840,170 - - - - 3,840,170 Land/Building 3,931,870 - - - - 3,931,870 Land/Building 3,931,870 - - - - 3,931,870 Furniture/Equip 2,075,500 - - - - 2,075,500 Furniture/Equip 2,075,500 - - - - 2,075,500 Construction - - - - - - Construction - - - - - - Roads 6,027,294 - - - - 6,027,294 Roads 4,967,294 - - - - 4,967,294 Water 1,315,835 - - - - 1,315,835 Water 1,315,835 - - - - 1,315,835 Storm Sewers 1,396,534 - - - - 1,396,534 Storm Sewers 1,396,534 - - - - 1,396,534 Sanitary Sewers 2,233,000 - - - - 2,233,000 Sanitary Sewers 2,233,000 - - - - 2,233,000 Sitework/Landscaping 888,000 - - - - 888,000 Sitework/Landscaping 888,000 - - - - 888,000 Contingency 55,000 - - - - 55,000 Contingency 55,000 - - - - 55,000 Other 2,585,066 - - - - 2,585,066 Other 2,585,066 - - - - 2,585,066 TOTAL EXPENDITURES 24,648,268 - - - - 24,648,268 TOTAL EXPENDITURES 23,288,268 - - - - 23,288,268 FUNDING SOURCES FUNDING SOURCES Transfer from Operating (3,097,468) - - - - (3,097,468) Transfer from Operating (1,927,968) - - - - (1,927,968) Transfer from Operating (Library)(11,000) - - - - (11,000) Transfer from Operating (Library)(11,000) - - - - (11,000) Transfer from Sewer (3,197,712) - - - - (3,197,712) Transfer from Sewer (3,197,712) - - - - (3,197,712) Transfer from Water (2,137,799) - - - - (2,137,799) Transfer from Water (2,137,799) - - - - (2,137,799) Capital SPRs (1,330,000) - - - - (1,330,000) Capital SPRs (1,330,000) - - - - (1,330,000) OLG - - - - - - OLG - - - - - - Reserve Funds (25,000) - - - - (25,000) Reserve Funds (25,000) - - - - (25,000) Development Charges (3,063,655) - - - - (3,063,655) Development Charges (3,063,655) - - - - (3,063,655) Debentures (4,266,000) - - - - (4,266,000) Debentures (5,435,500) - - - - (5,435,500) Gas Tax (5,800,800) - - - - (5,800,800) Gas Tax (4,440,800) - - - - (4,440,800) Provincial/Federal Grants (618,564) - - - - (618,564) Provincial/Federal Grants (618,564) - - - - (618,564) External Contributions (815,000) - - - - (815,000) External Contributions (815,000) - - - - (815,000) Other*(285,270) - - - - (285,270) Other*(285,270) - - - - (285,270) TOTAL FUNDING SOURCES (24,648,268) - - - - (24,648,268) TOTAL FUNDING SOURCES (23,288,268) - - - - (23,288,268) *Other represents projects or parts of projects from 2020 that staff have recommended be cancelled for 2020 Funds will be placed in a reserve to use for 2021 priorities. These projects will be listed on a future close out report to Council 2021-2025 Capital Projects Budget 2021-2025 Capital Projects Budget ALL SERVICES - 2021 PROPOSED ALL SERVICES - 2021 PROPOSED as Presented November 17, 2020 as Amended December 8, 2020 Page 2 of 3Page 294 of 551 Attachment 3 - 2021 Capital Budget - Amended 2021 Capital Budget F-2020-51 December 8, 2020 Total Total EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 Consulting 771,500 771,500 Consulting 771,500 771,500 Land/Building 4,625,000 4,625,000 Land/Building 4,625,000 4,625,000 Furniture/Equip 8,225,000 8,225,000 Furniture/Equip 8,225,000 8,225,000 Construction - Construction - Roads 2,634,900 2,634,900 Roads 2,634,900 2,634,900 Water 4,716,288 2,887,688 7,603,976 Water 4,716,288 2,887,688 7,603,976 Storm Sewers 123,200 123,200 Storm Sewers 123,200 123,200 Sanitary Sewers 498,100 498,100 Sanitary Sewers 498,100 498,100 Sitework/Landscaping 290,000 40,000 330,000 Sitework/Landscaping 290,000 40,000 330,000 Contingency 1,254,284 144,384 1,398,668 Contingency 1,254,284 144,384 1,398,668 Other 315,400 315,400 Other 315,400 315,400 TOTAL EXPENDITURES 23,453,672 3,072,072 - - - 26,525,744 TOTAL EXPENDITURES 23,453,672 3,072,072 - - - 26,525,744 FUNDING SOURCES FUNDING SOURCES Transfer from Operating (1,051,885) (20,000) (1,071,885) Transfer from Operating (220,000) (20,000) (240,000) Transfer from Operating (Library)- Transfer from Operating (Library)- Transfer from Sewer (1,370,749) (1,030,549) (2,401,298) Transfer from Sewer (1,370,749) (1,030,549) (2,401,298) Transfer from Water (2,859,149) (1,030,549) (3,889,698) Transfer from Water (2,859,149) (1,030,549) (3,889,698) Capital SPRs (1,270,974) (970,974) (2,241,948) Capital SPRs (1,270,974) (970,974) (2,241,948) OLG - OLG - Reserve Funds - Reserve Funds - Development Charges (485,000) (485,000) Development Charges (485,000) (485,000) Debentures (5,571,822) (5,571,822) Debentures (5,821,822) (5,821,822) Gas Tax (1,375,905) (1,375,905) Gas Tax (1,957,790) (1,957,790) Provincial/Federal Grants (9,468,188) (20,000) (9,488,188) Provincial/Federal Grants (9,468,188) (20,000) (9,488,188) External Contributions - External Contributions - Other - Other - TOTAL FUNDING SOURCES (23,453,672) (3,072,072) - - - (26,525,744) TOTAL FUNDING SOURCES (23,453,672) (3,072,072) - - - (26,525,744) 2021-2025 Capital Projects Budget 2021-2025 Capital Projects Budget PRE-APPROVED PROJECTS PRE-APPROVED PROJECTS as Presented November 17, 2020 as Amended December 8, 2020 Page 3 of 3Page 295 of 551 F-2020-52 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-52 COVID-19 Financial Update RECOMMENDATION That Council receive the report for information. EXECUTIVE SUMMARY The City received $2,324,400 from the Province to support COVID-19 operating costs and pressures under the Municipal Operating Funding Phase 1 grant stream providing immediate funding for municipal pressures. With the casinos not reopening this calendar year and the City’s reliance on OLG funds in the tax supported operating budget, the Phase 1 funding is not adequate to offset projected losses and as such with Council’s approval staff applied for Phase 2 funding to the Province. In the City’s Phase 2 application, the City is projecting a deficit of $1,580,994 in all service areas excluding Transit (separate grant from the Province of $1,939,258). The City should know by the end of this calendar year if we will be receiving any Phase 2 funding from the Province. Should we not receive any, they City would need to look to available reserves to fund any deficits. The City maintains a tax rate stabilization special purpose reserve (SPR) that has a balance of $1,587,104 thus if projections are accurate we can use this SPR to offset any deficit however that will drain the SPR almost entirely leaving the City with no emergency net for tax rate stabilization. A strategy to increase the SPR in subsequent years would be prudent. BACKGROUND On August 12, 2020, the City of Niagara Falls received a letter from the Ministry of Municipal Affairs and Housing informing them that the City of Niagara Falls would receive a payment of $2,324,400 to support COVID-19 operating costs and pressures under the Municipal Operating Funding Phase 1 grant stream providing immediate funding for municipal pressures. The letter further went on to explain that while Phase 1 funding is anticipated to be sufficient to address COVID-19 costs and pressure for most municipalities, the Ministry Page 296 of 551 2 F-2020-52 December 8, 2020 recognizes that some municipalities have experienced greater financial impacts arising from COVID-19 than others and as such the Ministry is offering a second phase of funding to those municipalities that can demonstrate that 2020 COVID-19 operating costs and pressures exceed their Phase 1 per household allocation. In additional to the Municipal Operating Funding noted above, the City also received $1,939,258 under the Safe Restart Agreement specifically to address municipal transit pressures. This funding is adequate to address the City of Niagara Falls municipal transit pressures. ANALYSIS/RATIONALE Phase 1 Funding of $2,324,400 would have likely been sufficient funding for the City of Niagara Falls COVID-19 additional costs and pressures if the casinos had been allowed to open back up again during the calendar year. Once the City became aware that the casinos were not likely to reopen this calendar year the need for phase 2 funding became evident and as such Council passed a resolution allowing staff to apply for the phase 2 funding. Staff have attached parts of the application for phase 2 funding in 3 attachments to illustrate the City’s current projected deficit ending December 31, 2020 as follows: 1. Phase 2 Submission – Operating Revenues as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 2. Phase 2 Submission – Operating Expenses as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 3. Phase 2 Submission – Operating Revenue Breakdown as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 The application requested staff to fill in the municipal budget, actuals to Sept 30, 2020 and a forecast of expenses/revenues for Q4 2020. Keeping in mind the forecast contains rough estimates and includes only operating figures (tax supported budget, water/wastewater, parking and library), results of the attachments can be summarized as follows: Page 297 of 551 3 F-2020-52 December 8, 2020 Service Area Projected Savings/ (Loss) due to COVID Projected Surplus/ (Deficit) Revenues Expenses General Government (5,889,117) 1,685,879 (4,203,238) Protection Services (3,081,431) 3,813,541 732,110 Transportation Services Transit (2,892,077) 2,671,220 (220,857) Other Transportation (1,522,704) 1,109,108 (413,596) Environmental Services (2,893,577) 3,335,819 442,242 Health Services (105,302) 213,636 108,334 Social and Family Services (136,935) 264,547 127,612 Recreation and Culture Services (1,222,756) 2,589,597 1,366,841 Planning and Development 110,747 147,954 258,701 Total (17,633,152) 15,831,301 (1,801,851) Total for all service areas excluding Transit (14,741,075) 13,160,081 (1,580,994) FINANCIAL/STAFFING/LEGAL IMPLICATIONS Per the above chart, the City is projecting a deficit of $1,580,994 in all service areas excluding Transit. The City should know by the end of this calendar year if we will be receiving any Phase 2 funding from the Province. Should we not receive any, they City would need to look to available reserves to fund any deficits. The City maintains a tax rate stabilization special purpose reserve (SPR) that has a balance of $1,587,104 thus if projections are accurate we can use this SPR to offset any deficit however that will drain the SPR almost entirely leaving the City with no emergency net for tax rate stabilization. A strategy to increase the SPR in subsequent years would be prudent. Page 298 of 551 4 F-2020-52 December 8, 2020 CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS 1. Phase 2 Submission – Operating Revenues as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 2. Phase 2 Submission – Operating Expenses as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 3. Phase 2 Submission – Operating Revenue Breakdown as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer T.Clark Page 299 of 551 Attachment 1 - Phase 2 Submission - Operating Revenues as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020F-2020-52December 8, 2020Niagara Falls CService AreaGENERAL GOVERNMENTPROTECTION SERVICESFirePoliceProvincial Offences Act (POA)Other Protection ServicesTRANSPORTATION SERVICESTransit - Conventional Transit - Disabled & special needsParkingAir transportationOther Transportation ServicesENVIRONMENTAL SERVICESWastewater treatment & disposalWater treatmentSolid waste collection, disposal, diversionOther Environmental ServicesHEALTH SERVICESPublic health servicesAmbulance service and dispatchOther Health ServicesSOCIAL SERVICES RELIEF FUND (SSRF) RELATED EXPENSES AND REVENUES*** Do not include SSRF related expenses and revenues in any other service area.SOCIAL AND FAMILY SERVICESGeneral assistanceAssistance to aged personsChild careOther Social and Family ServicesSOCIAL HOUSINGPublic HousingNon-Profit/Cooperative HousingRent Supplement ProgramsOther Social HousingRECREATION AND CULTURAL SERVICESPLANNING AND DEVELOPMENTOPERATING REVENUES AND EXPENSES BY SERVICE AREAMunicipal Budget 2020To Sept 30 (actuals):Oct 1 to Dec 31 (forecast):Non-COVID-19 related changes in revenueNet Change in Operating Revenues as a Result of COVID-19COVID-19 Related Revenue IncreasesCOVID-19 Related Revenue Losses120,103,154.00$ 99,445,376.00$ 2,602,891.00$ 12,165,770.00-$ 5,889,117.00-$ 2,324,400.00$ 8,213,517.00-$ 47,200.00$ 75,562.68$ 25,187.56$ -$ 53,550.24$ -$ 53,550.24$ 4,200,000.00$ 1,050,000.00$ -$ 3,150,000.00-$ -$ 3,150,000.00-$ -$ -$ -$ -$ -$ -$ -$ 2,036,210.00$ 1,538,421.37$ 512,807.12$ -$ 15,018.49$ -$ 15,018.49$ 9,374,804.00$ 4,547,562.86$ 1,975,619.00$ -$ 2,851,622.14-$ 646,917.00$ 3,498,539.14-$ 61,000.00$ 15,408.55$ 5,136.18$ -$ 40,455.27-$ -$ 40,455.27-$ 1,481,820.00$ 641,867.00$ 213,938.00$ -$ 626,015.00-$ -$ 626,015.00-$ -$ -$ 116,963.00$ 116,963.00$ -$ -$ -$ 1,114,600.00$ 183,652.70$ 34,258.00$ -$ 896,689.30-$ -$ 896,689.30-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 46,933,597.00$ 32,223,251.00$ 11,816,769.00$ -$ 2,893,577.00-$ -$ 2,893,577.00-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 817,950.00$ 534,486.22$ 178,162.07$ -$ 105,301.71-$ -$ 105,301.71-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 250,900.00$ 89,991.10$ 23,974.00$ -$ 136,934.90-$ -$ 136,934.90-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,633,305.00$ 935,879.00$ 474,670.00$ -$ 1,222,756.00-$ 100,000.00$ 1,322,756.00-$ 2,176,304.00$ 2,030,817.00$ 477,234.00$ 221,000.00$ 110,747.00$ 30,000.00$ 80,747.00$ OPERATING REVENUESPage 300 of 551 Attachment 1 - Phase 2 Submission - Operating Revenues as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020F-2020-52December 8, 2020Niagara Falls CService AreaOPERATING REVENUES AND EXPENSES BY SERVICE AREATOTAL FOR ALL SERVICE AREAS EXCLUDING TRANSIT, SSRF AND PUBLIC HEALTHTOTAL FOR TRANSIT, SSRF AND PUBLIC HEALTHTOTAL (ALL SERVICE AREAS)Municipal Budget 2020To Sept 30 (actuals):Oct 1 to Dec 31 (forecast):Non-COVID-19 related changes in revenueNet Change in Operating Revenues as a Result of COVID-19COVID-19 Related Revenue IncreasesCOVID-19 Related Revenue LossesOPERATING REVENUES181,795,040.00$ 138,749,304.07$ 16,476,853.76$ 11,827,807.00-$ 14,741,075.17-$ 2,454,400.00$ 17,195,475.17-$ 9,435,804.00$ 4,562,971.41$ 1,980,755.18$ -$ 2,892,077.41-$ 646,917.00$ 3,538,994.41-$ 191,230,844.00$ 143,312,275.48$ 18,457,608.94$ 11,827,807.00-$ 17,633,152.58-$ 3,101,317.00$ 20,734,469.58-$ Page 301 of 551 Attachment 2 - Phase 2 Submission - Operating Expenses as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 F-2020-52 December 8, 2020 OPERATING EXPENSES Niagara Falls C Service Area Municipal Budget 2020 To Sept 30 (actuals):Oct 1 to Dec 31 (forecast): Non-COVID-19 related change in expenses Net Change in Operating Expenses as a Result of COVID-19 COVID-19 Related Cost Savings GENERAL GOVERNMENT 49,264,917.00$ 25,579,067.00$ 9,484,201.00$ 12,515,770.00-$ 1,685,879.00-$ -$ PROTECTION SERVICES Fire 22,720,261.00$ 16,257,651.00$ 5,954,875.60$ -$ 507,734.40-$ -$ Police 4,200,000.00$ 1,050,000.00$ -$ -$ 3,150,000.00-$ 3,150,000.00-$ Provincial Offences Act (POA)-$ -$ -$ -$ -$ -$ Other Protection Services 3,574,260.00$ 2,178,259.00$ 1,240,194.41$ -$ 155,806.59-$ -$ TRANSPORTATION SERVICES Transit - Conventional 16,751,833.00$ 10,257,128.00$ 4,139,129.80$ 2,355,575.20-$ -$ Transit - Disabled & special needs 1,003,897.00$ 458,835.00$ 229,417.00$ -$ 315,645.00-$ -$ Parking 1,416,520.00$ 809,785.00$ 448,380.39$ -$ 158,354.61-$ -$ Air transportation 167,604.00$ 284,567.00$ 116,963.00$ -$ -$ Other Transportation Services 18,213,819.00$ 12,710,958.00$ 4,552,107.73$ 950,753.27-$ ENVIRONMENTAL SERVICES Wastewater treatment & disposal -$ -$ -$ Water treatment -$ -$ -$ Solid waste collection, disposal, diversion -$ -$ -$ -$ -$ -$ Other Environmental Services 47,579,498.00$ 32,714,790.00$ 11,528,889.00$ -$ 3,335,819.00-$ -$ HEALTH SERVICES Public health services -$ -$ -$ -$ -$ -$ Ambulance service and dispatch 32,900.00$ 27,417.00$ 5,483.00$ -$ -$ -$ Other Health Services 2,037,782.00$ 1,314,903.00$ 509,243.39$ -$ 213,635.61-$ -$ SOCIAL SERVICES RELIEF FUND (SSRF) RELATED EXPENSES AND REVENUES -$ -$ -$ -$ -$ -$ *** Do not include SSRF related expenses and revenues in any other service area. SOCIAL AND FAMILY SERVICES General assistance -$ -$ -$ -$ -$ -$ Assistance to aged persons 632,882.00$ 263,290.00$ 105,045.00$ -$ 264,547.00-$ 264,547.00-$ Child care -$ -$ -$ -$ -$ -$ Other Social and Family Services 369,083.00$ 307,814.00$ 61,269.00$ -$ -$ -$ OPERATING REVENUES AND EXPENSES BY SERVICE AREA Page 302 of 551 Attachment 2 - Phase 2 Submission - Operating Expenses as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020 F-2020-52 December 8, 2020 OPERATING EXPENSES Niagara Falls C Service Area Municipal Budget 2020 To Sept 30 (actuals):Oct 1 to Dec 31 (forecast): Non-COVID-19 related change in expenses Net Change in Operating Expenses as a Result of COVID-19 COVID-19 Related Cost Savings OPERATING REVENUES AND EXPENSES BY SERVICE AREA SOCIAL HOUSING Public Housing -$ -$ -$ -$ -$ -$ Non-Profit/Cooperative Housing -$ -$ -$ -$ -$ -$ Rent Supplement Programs -$ -$ -$ -$ -$ -$ Other Social Housing -$ -$ -$ -$ -$ -$ RECREATION AND CULTURAL SERVICES 19,113,453.00$ 12,869,958.00$ 3,653,898.48$ -$ 2,589,596.52-$ -$ PLANNING AND DEVELOPMENT 4,152,136.00$ 3,218,753.00$ 1,006,429.00$ 221,000.00$ 147,954.00-$ -$ TOTAL FOR ALL SERVICE AREAS EXCLUDING TRANSIT, SSRF AND PUBLIC HEALTH 173,475,115.00$ 109,587,212.00$ 38,550,016.01$ 12,177,807.00-$ 13,160,079.99-$ 3,414,547.00-$ TOTAL FOR TRANSIT, SSRF AND PUBLIC HEALTH 17,755,730.00$ 10,715,963.00$ 4,368,546.80$ -$ 2,671,220.20-$ -$ TOTAL (ALL SERVICE AREAS)191,230,845.00$ 120,303,175.00$ 42,918,562.80$ 12,177,807.00-$ 15,831,300.20-$ 3,414,547.00-$ Page 303 of 551 Attachment 3 - Phase 2 Submission - Operating Revenue Breakdown as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020F-2020-52Deember 8, 2020OPERATING REVENUE BREAKDOWNNiagara Falls CPlease distribute the COVID-19 related revenue increases/decreases reported on tab 3 by revenue type:Totals as Reported on Tab 32,454,400.00$ 17,195,475.17-$ 646,917.00$ 3,538,994.41-$ 3,101,317.00$ 20,734,469.58-$ Please provide a breakdown by revenue type:Revenue Increase$Revenue Loss$Revenue Increase$Revenue Loss$Revenue Increase$Revenue Loss$Property Tax (Own Purpose)-$ -$ -$ -$ -$ -$ Payments in Lieu of Taxation-$ -$ -$ -$ -$ -$ Estimated Tax Revenue-$ -$ -$ -$ -$ -$ Ontario Municipal Partnership Fund (OMPF)-$ -$ -$ -$ -$ -$ Ontario Cannabis Legalization Implementation Fund (OCLIF)-$ -$ -$ -$ -$ -$ Municipal Safe Restart Funding - Phase 12,324,400$ 2,324,400$ -$ Other Unconditional Grants-$ -$ -$ -$ -$ Transit Safe Restart Funding - Phase 1573,197$ 573,197$ -$ Social Service Relief Fund-$ -$ Other Ontario Conditional Grants100,000$ -$ 62,771$ -$ 162,771$ -$ Canada Conditional Grants 30,000$ -$ -$ -$ 30,000$ -$ Revenue from other municipalities for Tangible Capital Assets-$ -$ -$ -$ -$ -$ Revenue from other municipalities -$ -$ 10,949$ 881,918-$ 10,949$ 881,918-$ Total User Fees and Service Charges -$ 4,461,075-$ -$ 1,363,975-$ -$ 5,825,050-$ General Government-$ 55,581-$ -$ -$ -$ 55,581-$ Protection Services - Fire-$ -$ -$ -$ -$ -$ Protection Services - Police-$ -$ -$ -$ -$ -$ Protection Services - Provincial Offences Act (POA)-$ -$ -$ -$ -$ -$ Protection Services - Other-$ -$ -$ -$ -$ Transportation Services: Transit - Conventional -$ -$ -$ 1,323,520-$ -$ 1,323,520-$ Transportation Services: Transit - Disabled & special needs-$ -$ 40,455-$ -$ 40,455-$ Transportation Services: Parking-$ 425,963-$ -$ -$ -$ 425,963-$ Transportation Services: Air transportation-$ -$ -$ -$ -$ -$ Transportation Services: Other-$ 19,301-$ -$ -$ -$ 19,301-$ Environmental services: Wastewater treatment & distribution-$ -$ -$ -$ -$ -$ Environmental services: Water treatment-$ -$ -$ -$ -$ -$ Environmental services: Solid waste collection, disposal, diversion-$ -$ -$ -$ -$ Environmental services: Other-$ 2,676,973-$ -$ -$ -$ 2,676,973-$ Health Services: Public health services-$ -$ -$ -$ -$ -$ Health Services: Ambulance service and dispatch-$ -$ -$ -$ -$ -$ Health Services: Other-$ 11,805-$ -$ -$ -$ 11,805-$ Social and Family Services: General assistance-$ -$ -$ -$ -$ -$ Social and Family Services: Assistance to aged persons-$ -$ -$ -$ -$ -$ Social and Family Services: Child care-$ -$ -$ -$ -$ -$ Social and Family Services: Other-$ 92,804-$ -$ -$ -$ 92,804-$ Social Housing: Public Housing-$ -$ -$ -$ -$ -$ Social Housing: Non-Profit/Cooperative Housing-$ -$ -$ -$ -$ -$ Social Housing: Rent Supplement Programs-$ -$ -$ -$ -$ -$ Revenue Losses / Increases All Service Areas Excluding Transit, SSRF and Public HealthRevenue Losses / Increases For Transit, SSRF and Public HealthTotal Revenue Losses / IncreasesPage 304 of 551 Attachment 3 - Phase 2 Submission - Operating Revenue Breakdown as Submitted to the Ministry of Municipal Affairs and Housing November 20, 2020F-2020-52Deember 8, 2020OPERATING REVENUE BREAKDOWNNiagara Falls CPlease distribute the COVID-19 related revenue increases/decreases reported on tab 3 by revenue type:Totals as Reported on Tab 32,454,400.00$ 17,195,475.17-$ 646,917.00$ 3,538,994.41-$ 3,101,317.00$ 20,734,469.58-$ Please provide a breakdown by revenue type:Revenue Increase$Revenue Loss$Revenue Increase$Revenue Loss$Revenue Increase$Revenue Loss$Revenue Losses / Increases All Service Areas Excluding Transit, SSRF and Public HealthRevenue Losses / Increases For Transit, SSRF and Public HealthTotal Revenue Losses / Increases Social Housing: Other-$ -$ -$ -$ -$ -$ Recreation and cultural services-$ 1,178,648-$ -$ -$ -$ 1,178,648-$ Planning and development-$ -$ -$ -$ -$ -$ Trailer revenue and permits -$ -$ -$ -$ -$ -$ Licences and permits-$ -$ -$ -$ -$ -$ Rents, concessions and franchises-$ 63,245-$ -$ -$ -$ 63,245-$ Royalties-$ -$ -$ -$ -$ -$ Green Energy -$ -$ -$ -$ -$ -$ Other Licenses, Permits, Rents, etc.,-$ -$ -$ -$ -$ -$ Provincial Offences Act (POA) -$ 96,323-$ -$ -$ -$ 96,323-$ Other fines-$ 174,749-$ -$ -$ -$ 174,749-$ Penalties and interest on taxes-$ 271,104-$ -$ -$ -$ 271,104-$ Other Fines and Penalties-$ -$ -$ -$ -$ -$ Investment income-$ 1,137,750-$ -$ -$ -$ 1,137,750-$ Interest earned on reserves and reserve funds. -$ -$ -$ -$ -$ -$ Gain/Loss on sale of land & capital assets-$ -$ -$ -$ -$ -$ Deferred revenue earned (Development Charges)-$ -$ -$ -$ -$ -$ Deferred revenue earned (Recreational land (The Planning Act). -$ -$ -$ -$ -$ -$ Other deferred revenue earned (Specify)-$ -$ -$ -$ -$ -$ Donations-$ -$ -$ -$ -$ -$ Donated Tangible Capital Assets-$ -$ -$ -$ -$ -$ Sale of publications, equipment, etc. -$ -$ -$ 540,189-$ -$ 540,189-$ Contributions from non-consolidated entities-$ -$ -$ -$ -$ -$ Other Revenues from Government Business Enterprise (i.e.. Dividends, etc.) -$ -$ -$ -$ -$ -$ Gaming and Casino Revenues-$ 6,855,016-$ -$ -$ -$ 6,855,016-$ Municipal Land Transfer Tax (City of Toronto Act, 2006) -$ -$ -$ -$ -$ -$ Transient Accommodation Tax -$ 2,488,022-$ -$ -$ 2,488,022-$ Transfers from Reserves and Discretionary Reserve Funds-$ 1,502,308-$ -$ 706,686-$ -$ 2,208,994-$ Other (Please specify)-$ 145,883-$ -$ 46,226-$ -$ 192,110-$ TOTAL2,454,400.00$ 17,195,475.17-$ 646,917.00$ 3,538,994.41-$ 3,101,317.00$ 20,734,469.58-$ Difference from amounts reported on Tab 3-$ 0.00$ -$ 0.00-$ -$ -$ other revenuePage 305 of 551 F-2020-53 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-53 2019 Water Fund and Wastewater Fund Budget to Actual (unaudited) Comparison RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The purpose of this report is to show Council the final draft (unaudited) 2019 budget to actual results for both the Water and Wastewater Funds explaining any large variances. Within each attachment, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachments. BACKGROUND Over the past couple years, since I began as Treasurer, Council has expressed a desire to view actuals in conjunction with the budget. While it would not be overly useful to see 2020 actuals to date as many re-allocation and year end entries are still required, staff felt it appropriate to share the unaudited 2019 budget to actual results of both the Water Fund and the Wastewater Fund. ANALYSIS/RATIONALE Attachment 1 contains the Water Fund 2019 budget to actual comparison. Attachment 2 contains the Wastewater Fund 2019 budget to actual comparison. WATER FUND (FUND 15) Revenues Page 306 of 551 2 F-2020-53 December 8, 2020 1. Miscellaneous revenues for the water fund were budgeted at $22,016,564 with actuals of $21,545,297 (before internal transfers), which results in a difference of $471,267 or 2.14% under budget. 2. User fees make up the largest portion of the revenue budget at $21,748,864 with actuals of $21,258,812 resulting in a shortfall of $490,052 (or 2.25%) compared to budgeted user fees. This can be explained by a couple of factors: The City budgets based on a calendar year however in 2019 the new rates were not set until May 1, 2019 thus old rates were in place for the first four (4) months of the year. The City budgets estimated user fees, particularly volumetric based on taking a three (3) year average of consumption billed and adding 0.5% for growth. Thus if consumption ends up being lower than the three (3) year average then user fee revenue will come in less than budget however, the volumetric billings from the Region located in the expense section under contracted services will also come in under budget showing both a reduction in planned revenue but also a reduction in planned expenses. Expenses 3. Overall expenses were budgeted at $22,016,564 with actuals of $22,051,345 which results in a difference of $34,781 or 0.16% over budget. 4. While Labour and Benefits appears to be over budget by $315,835 or 11.11% this can easily be explained by viewing the labour and benefits in the wastewater fund which are under budget by $348,227 or 24.13%. During budget time staff estimates the amount of time that will be spent on water and wastewater repairs and maintenance and splits the labour and benefit budget between the two funds accordingly. During the year the City could end up with more water main breaks or complications in water than expected and thus more time was spent on water than wastewater. 5. Electricity is in a credit position of $3,485 due to corrections made on GST/HST allocations for both 2018 and 2019, posted to 2019. 6. Contracted Services overall is under budget $333,860 or 3.42% but this can be further broken down as follows: System Maintenance contract services is over budget $237,062 due to more spending required for repairs than anticipated, specifically a major watermain break on Frederica during 2019 resulted in a lot of time and cost to repair. Page 307 of 551 3 F-2020-53 December 8, 2020 Regional volumetric charges are under budget by $575,157 due to less water being purchased during 2019 than the estimated consumption using the 3 year average flows for budget purposes. 7. Prior to any final reserve entries, the Water Fund was sitting at a deficit of $506,048. As at December 31, 2018 year end the accumulated surplus in the Water Fund, per the City’s draft unaudited financial statements is $1,005,993. Staff was not comfortable allowing the accumulated surplus to be reduced by the $506,048 deficit for 2019 and thus made a decision to use $503,232 from the Water Rate Stabilization Special Purpose Reserve to bring the deficit down to $2,816. For Councils interest, the balance remaining in the Water Rate Stabilization reserve after this entry as at December 31, 2019 is $1,520,000. WASTEWATER FUND (FUND 16) Revenues 8. Miscellaneous revenues for the wastewater fund were budgeted at $23,870,470 with actuals of $22,919,910 (before internal transfers), which results in a difference of $950,560 or 3.98% under budget. 9. User fees make up the largest portion of the revenue budget at $23,801,170 with actuals of $22,839,746 resulting in a shortfall of $961,424 (or 4.04%) compared to budgeted user fees. Similar to the explanation for the Water Fund user fees this can be explained by a couple of factors: The City budgets based on a calendar year however in 2019 the new rates were not set until May 1, 2019 thus old rates were in place for the first four (4) months of the year. The City budgets estimated user fees, particularly volumetric based on taking a three (3) year average of consumption billed, adding 0.5% for growth. Thus if consumption ends up being lower than the three (3) year average then user fee revenue will come in less than budget. The Region bills wastewater charges 100% fixed based on a 3 year average of flows however they do a reconciliation at the end of each year illustrating what each municipality was billed, versus what they used. If the calculation shows more or less wastewater went back to the Region for treatment than you were billed, the difference will be added to or subtracted from your annual sewer charges in the year following the next year. I.e. any overpayment or underpayment to the Region for sewer charges in 2019 will be reflected in the 2021 billings from the Region to the City. In the City of Niagara Falls case, the Region determined in 2019 that the City overpaid sewer charges to the Region in the amount of Page 308 of 551 4 F-2020-53 December 8, 2020 $1,272,205 and this amount has been deducted from the 2021 amount the Region calculated as owing for the City of Niagara Falls. 10. More repairs and maintenance were required within materials than anticipated during 2019. 11. Within Contracted Services some budget line items are underspent while others are overspent. One overspend in particular is WRAP program spending of $470,000 which exceeded budget of $250,000. As there was a Special Purpose Reserve (SPR) for WRAP with a balance of $678,000 staff was informed to continue approving applications and that a Transfer from Special Purpose Reserves would be used to offset any overspend. $220,000 was brought in from the WRAP SPR to cover the difference ($470,000 - $250,000) leaving the WRAP SPR balance at $458,000 going into 2020. One underspend in particular is the local drainage assistance program with a budget of $250,000 and spending of $150,000 there was room to make a Transfer to Special Purpose Reserves of $100,000 to the local drainage assist program SPR leaving this SPR with a balance of $560,000 going into 2020. After final year end analysis and entries the Wastewater Fund is sitting at a deficit of $765,305. As at December 31, 2018 year end the accumulated surplus in the Wastewater Fund, per the City’s draft unaudited financial statements is $1,810,042. Staff was comfortable allowing the accumulated surplus to be reduced by the $765,305 deficit for 2019 and thus made a decision not to use any reserve money from the Wastewater Rate Stabilization Special Purpose Reserve. The accumulated surplus balance for the Wastewater Fund as at December 31, 2019 is projected to be $1,044,737. For Councils interest, the balance in the W astewater Rate Stabilization reserve as at December 31, 2019 is $4,662,000. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Financial implications have been communicated above in the analysis section. Page 309 of 551 5 F-2020-53 December 8, 2020 CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS 1. Water Fund 2019 Budget to Actual Comparison 2. Wastewater Fund 2019 Budget to Actual Comparison Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer T. Clark Page 310 of 551 Attachment 1 - Water Fund 2019 Budget to Actual Comparison F-2020-53 December 8, 2020 WATER FUND Budget Actual (Over)/Under Budget Variance (Over)/Under 2019 2019 $% REVENUES Other Revenue 40,000 58,258 (18,258)(45.65%) Penalties 62,700 65,536 (2,836)(4.52%) Sales 165,000 162,691 2,309 1.40% User Fees 21,748,864 21,258,812 490,052 2.25% Miscellaneous Revenue 22,016,564 21,545,297 471,267 2.14% From Special Purpose Reserves 0 503,232 (503,232)#DIV/0! Internal Transfers 0 503,232 (503,232)#DIV/0! TOTAL REVENUE 22,016,564 22,048,529 (31,965)(0.15%) EXPENSES Labour 2,137,709 2,391,430 (253,721)(11.87%) Employee Benefits Allocation 624,078 658,308 (34,230)(5.48%) Overtime 82,000 109,884 (27,884)(34.00%) Labour and Benefits 2,843,787 3,159,622 (315,835)(11.11%) Advertising/News Release 6,500 0 6,500 100.00% Conferences/Conventions 1,800 1,729 71 3.93% Insurance Premiums 109,420 110,527 (1,107)(1.01%) Materials 775,850 853,241 (77,391)(9.97%) Office Supplies 11,000 7,328 3,672 33.38% Professional Development 32,924 25,350 7,574 23.00% WSIB 20,000 5,590 14,410 72.05% Materials 957,494 1,003,766 (46,272)(4.83%) Electricity 500 (3,485)3,985 796.90% Utilities 500 (3,485)3,985 796.90% Contracted Services 9,769,453 9,435,593 333,860 3.42% Fixed Regional Charges 2,934,624 2,934,624 0 0.00% Contracted Services 12,704,077 12,370,217 333,860 2.63% Rents and Financial Expenses 167,990 194,544 (26,554)(15.81%) Internal Rent 342,716 326,681 16,035 4.68% To Capital 5,000,000 5,000,000 0 0.00% Internal Transfers 5,342,716 5,326,681 16,035 0.30% TOTAL EXPENSES 22,016,564 22,051,345 (34,781)(0.16%) (Surplus)/Deficit 0 2,816 (2,816)#DIV/0! 2019 Budget to Actual Comparison Page 311 of 551 Attachment 2 - Wastewater Fund 2019 Budget to Actual Comparison F-2020-53 December 8, 2020 WASTEWATER FUND Budget Actuals (Over)/Under Budget Variance (Over)/Under 2019 2019 $% REVENUES Other Revenue 0 3,050 (3,050)#DIV/0! Penalties 69,300 77,114 (7,814)(11.28%) User Fees 23,801,170 22,839,746 961,424 4.04% Miscellaneous Revenue 23,870,470 22,919,910 950,560 3.98% From Special Purpose Reserves 180,000 220,000 (40,000)(22.22%) From Development Charges 899,724 899,723 1 0.00% Internal Transfers 1,079,724 1,119,723 (39,999)(3.70%) TOTAL REVENUE 24,950,194 24,039,633 910,561 3.65% EXPENSES Labour 1,094,376 839,376 255,000 23.30% Employee Benefits Allocation 309,822 235,610 74,212 23.95% Overtime 39,000 19,985 19,015 48.76% Labour and Benefits 1,443,198 1,094,971 348,227 24.13% Insurance Premiums 111,330 119,476 (8,146)(7.32%) Materials 249,575 380,998 (131,423)(52.66%) Office Supplies 350 502 (152)(43.48%) WSIB 25,000 38,820 (13,820)(55.28%) Materials 386,255 539,796 (153,541)(39.75%) Electricity 30,500 30,684 (184)(0.60%) Utilities 30,500 30,684 (184)(0.60%) Contracted Services 1,686,500 1,839,351 (152,851)(9.06%) Fixed Regional Charges 15,581,670 15,398,910 182,760 1.17% Contracted Services 17,268,170 17,238,260 29,910 0.17% Rents and Financial Expenses 94,000 69,642 24,358 25.91% Long Term Interest 301,046 301,045 1 0.00% Long Term Debt 598,678 598,678 1 0.00% Debt Charges 899,724 899,723 1 0.00% Internal Rent 98,347 101,861 (3,514)(3.57%) Transfer to Capital 4,730,000 4,730,000 0 0.00% Transfer to Special Purpose Reserves 0 100,000 (100,000)#DIV/0! Internal Transfers 4,828,347 4,931,861 (103,514)(2.14%) TOTAL EXPENSES 24,950,194 24,804,937 145,257 0.58% (Surplus)/Deficit 0 765,305 (765,305)#DIV/0! 2019 Budget to Actual Comparison Page 312 of 551 L-2020-14 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2020-14 Declaration of Surplus & Transfer of Lands 5017 Victoria Avenue Our File No. 2020-181 RECOMMENDATIONS 1. That Council declare that 5017 Victoria Avenue (hereinafter referred to as the “Subject Lands”), as outlined in yellow on Schedule “A”, as surplus to the City’s needs. 2. That Council authorize the transfer of the Subject Lands to Niagara Regional Housing, for nominal consideration, to be used as Bridge Housing in the City of Niagara Falls. 3. That the Mayor and City Clerk and City Solicitor, or in his absence, the Chief Administrative Officer, or his designate, be authorized to execute any and all documentation and take whatever steps necessary to carry out Recommendations 1 & 2 and complete the transaction. EXECUTIVE SUMMARY Description: Part Block 6 on Plan 1002 as in RO226015; City of Niagara Falls, being all of PIN 64338-0062 (LT) in the Land Registry Office for the Land Registry Division of Niagara South (No. 59). Total Area: Approximately 0.432 acres Building Size: Approximately 13,762 sq. ft. Zoning: General Commercial Current Property Use: Community Resource Centre/Rental Units Location: 5017 Victoria Avenue – northwest corner of Victoria Avenue and Armoury Street Page 313 of 551 2 L-2020-14 December 8, 2020 Special Considerations: The property was designated to be of cultural heritage value and significance by By-Law No. 99-72, as amended by By- Law No. 2014-104. The Niagara Region together with Niagara Regional Housing wish to collaborate with the City on the development on permanent supportive housing in Niagara Falls to help address issues surrounding chronic homelessness, mental health, addictions and physical health. Prior to the conveyance to Niagara Regional Housing, the Subject Lands must be declared surplus to the City’s needs. The $3.7 million facility will be developed with renovation funding from the Ministry of Municipal Affairs and Housing Phase 2 Social Services Relief Fund and a funding contribution from the Niagara Region together with the City’s in-kind property transfer and building permit fee waivers. BACKGROUND The Niagara Falls Public Library Board was built in 1910 and functioned as a library until the City obtained the Subject Lands from The Niagara Falls Public Library Board on December 19, 1974, for nominal consideration of $1.00. The Niagara Falls Public Library Board granted the lands to the Corporation as it was a Local Board of the Corporation, and, no longer required the Subject Lands for its purposes. An expansion was built at the west end of the building around 1960. City has no need for the Subject Lands for providing City services. The building is partially tenanted to various professional office tenants, and, the City receives approximately $36,000 annually in rent. The rents are not at market value. A Building Condition Assessment was completed in 2019, which found there are priority repairs to the building required totalling about $250,000. The total annual expenses for the Subject Lands, excluding the repairs noted above, are $43,000. The City obtained an Appraisal for the property in January, 2020, that indicates an estimated market value of $700,000 to $750,000. Public notice of the declaration of surplus of the Subject Lands was given in the November 27, 2020, issue of the Niagara Falls Review in accordance with the City’s By-law No. 2003-02. Page 314 of 551 3 L-2020-14 December 8, 2020 ANALYSIS/RATIONALE The City is currently providing subsidized rents to most of the tenants, and, therefore, is not generally offsetting the regular expenses. Combined with the pending capital repair costs, it is not financially prudent for the City to continue with the current use of the building. CITY’S STRATEGIC COMMITMENT Diverse & Affordable Housing: To promote a strong and diverse housing market that includes adorable and accessible housing choices for all residents, and, to work with the Niagara Region to reduce homelessness. Responsible & Transparent Financial Management: Implement corporate-wide strategic asset management policies and plans that ensure sustainability of our assets and infrastructure – Assess the condition, long-term usefulness and viability of City facilities and buildings. Healthy, Safe & Livable Community: To advocate for mental health services and publicly- funded addiction recovery options, and, to provide inclusive services and facilities to respond to the growing needs of a diverse population. ATTACHMENTS Schedule “A” – Location Map & Building View Schedule “B” – Heritage By-Law No. 99-72, as amended by By-Law No. 2014-104 Schedule “C” – Niagara Region News Release - New Bridge Housing Project Recommended by: Ed Lustig, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer Attachments Page 315 of 551 4 L-2020-14 December 8, 2020 SCHEDULE “A” LOCATION MAP & BUILDING VIEW Page 316 of 551 SCHEDULE “B” HERITAGE BY-LAWS 99-72 & 2014-104 5 Page 317 of 551 6 Page 318 of 551 7 Page 319 of 551 8 Page 320 of 551 9 Page 321 of 551 10 Page 322 of 551 11 Page 323 of 551 ! " # $ % " & ' " ( ) % " ! &* $ &* "&& " & ' ) + & ' ,-. / * !( !" 0 # "& " !" & !( ( ) & "* * # * * &( + # ( # " "& 1 ! *& ( $ % " " && &* " &* "&& " # ! 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L-2020-14 December 8, 202013 Page 325 of 551 < -,D---- 4 :.8. & E > + ( ) -,:,.,1 4 ,-- 3 E ) ! 3 F +# ! "!#$ % &'% ( (( !!! L-2020-14 December 8, 202014 Page 326 of 551 MW-2020-30 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2020-30 ICIP COVID-19 Resilience Stream Update RECOMMENDATION 1. That Council receive Report MW-2020-30 regarding an update on the ICIP COVID- 19 Resilience Stream; and further, 2. That Council direct staff to proceed with application under this program for the Millennium Trail Section 2 project, maximizing the full allocation of $1,273,478 available to the City in this funding stream. EXECUTIVE SUMMARY Details regarding the City’s allocation under the Investing in Canada Infrastructure Program (ICIP) COVID-19 Resilience Stream funding program were provided in late fall in the amount of $1,273,478. On previous occasions, Staff have identified three eligible project to Council totalling $3,600,000. In light of the announced funding allocation, Staff are recommending to proceed only with application for the Millennium Trail Section 2 project and to amend the 2021 Capital Budget accordingly. 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 supports the following type of near-term, quick-start projects starting no later than September 30, 2021 and be completed by the end of 2021: 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; Page 327 of 551 2 MW-2020-30 December 8, 2020 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. In Reports MW-2020-23 (September 15, 2020) and MW -2020-25 (November 17, 2020) Staff have identified to Council the three projects anticipated to be eligible for funding under this program: a. Millennium Trail Construction, Section 2, McLeod Road to Chippawa Parkway - $1,500,000 b. Municipal Service Centre HVAC Replacement - $1,000,000 c. Clifton Hill Sidewalk Widening - $1,100,000 ANALYSIS/RATIONALE City Staff were recently notified of the City’s allocation in this program totalling $1,273,478 which was previously unknown at the time the earlier reports were prepared. This amount is an allocation, therefore does not require a competitive process in order to be granted. In light of the available funding, Staff are recommending to proceed only with application for the Millennium Trail Construction, Section 2 project. Municipal Service Centre HVAC replacement has already been approved in the 2021 Capital Budget through debenture funding. No impacts are expected to the project as a result of the ICIP funding limitations. Clifton Hill Sidewalk Widening is a project is supported by a cost sharing agreement by the Clifton Hill BIA and HOCO Limited to repay the full cost of the project over a 5-year period. Consequently this project is expected to proceed unimpeded regardless of the limited ICIP funding. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The total estimated project value of $1,500,000 for the Millennium Trail Section 2 project will be broken down into $1,273,478 from Federal/Provincial Grants and $226,522 from Development Charges as shown in the attached budget sheet. Staff recommend proceeding with the application for this project, and any amendments to the 2021 Capital Budget necessary to include this project. CITY’S STRATEGIC COMMITMENT Page 328 of 551 3 MW-2020-30 December 8, 2020 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. LIST OF ATTACHMENTS Attachment 1 – Millennium Trail Section 2 Budget Worksheet Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Erik N. Page 329 of 551 Total Project Cost (from Page 2) Requesting Department:Project Priority/Need Division:(High, Med, Low): Project Name:Project Start Date: Project Type:Estimated End Date: Asset Type:Project ID#: Project Description: Business Case:Millennium Recreational Trail completion is a Council Strategic Priority Council supported and approved this Section 2 of the Millennium Trail in 2019 Design funds were approved in 2019 Capital Budget The project will be tender ready for February 2021 to proceed with construction Construction could commence by June 2021 and the trail completed by end of 2021 ICIP grant funding opportunity exists will provide 1,273,478 in project funding. This is the last and final section of the Millennium Trail, once completed the Millennium Recreational Trail will be fully complete and connect the south end of the City to north end of the City thru the OPG Hydro Canal Corridor How does this tie into the Strategic Plan? Development Related:Yes x If Yes -->Yes X DC Background Study TBD Year No No DC Background Study Is there external Yes x If Yes -->Yes X funding available?No No Estimate x (Please check one) Quote Please attach any supporting documentation. Impact on Operating Budget: (eg. Debt Charges) (Include +/- $ amount) Millennium Trail Section 2 Development 2019 Capital Budget Worksheet 2021 Municipal Works Parks High 1,580,000.00$ Completion of the project will require operational costs associated with maintenance (snow plowing, grass cutting, garbage collection, etc) % DC Eligible Is the cost summary: Final Section of Millennium Trail 2021 New Development P13 This is the last and final section of the Millennium Recreational Trail to be completed. The design will be completed and tender ready by end of 2020. Funding is elibilbe in the ICIP COVID-19 resilience stream and construction can be completed in 2021. Yes, funding is confirmed No, funding has not been confirmed growth, accessibility, infrastructure and community planning for active health Page 330 of 551 Requesting Department:Total Project Division:Cost:1,580,000 Project Name: Project Description: Pre-2021 2021 2022 2023 2024 Opening Balance - Jan. 01 (Surplus)/Deficit Expenditure Forecast Consulting 80,000 75,000 Land/Building Furniture/Equipment Construction: Roads Water Storm Sewers 25,000 Sanitary Sewers Sitework/Landscaping 1,400,000 Contingency Other TOTAL EXPENDITURES 80,000 1,500,000 - - - Funding Sources Transfer from Operating Transfer from Sewer Transfer from Water Capital SPRs (44,000) OLG Reserve Fund Reserve Funds Development Charges (36,000) (226,522) Debentures Federal/Provincial Gas Tax Federal/Provincial Grants (1,273,478) External Contributions Other TOTAL FUNDING SOURCES (80,000) (1,500,000) - - - Closing Balance - Dec. 31 (Surplus)/Deficit - - Capital Budget Worksheet 2021 - - - - - Municipal Works Parks Millennium Trail Section 2 Development - - - This is the last and final section of the Millennium Recreational Trail to be completed. The design will be completed and tender ready by end of 2020. Funding is elibilbe in the ICIP COVID-19 resilience stream and construction can be completed in 2021. Page 331 of 551 TS-2020-32 December 8, 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-2020-32 Speed Control Programs Lawn Sign Road Safety Campaign RECOMMENDATION That Council approve the continuation of the Lawn Sign Road Safety Campaign; and further, That Council consider the allocation of $5,000 in Transportation Services 2021 Operating Budget in order to continue with this program into 2021. EXECUTIVE SUMMARY In August 2020, Transportation Staff commenced a pilot study on a Lawn Sign Road Safety Campaign, with the purposes of evaluating its effectiveness and community support for continuing the pilot study as a permanent program. The Lawn Sign Road Safety Campaign provided another tool to confront the issue of speeding on residential streets. The intent is to raise awareness to the issue of speeding and to remind drivers of the importance to drive safely and obey the speed limit. Since the pilot project commenced, approximately 430 signs have been requested, and approximately 340 of those signs have been picked up by residents. Transportation Staff initiated a follow-up review at the beginning of November 2020, evaluating the public response to the program though a survey of the pilot study participants. Slightly more than 200 residents were contacted to complete the online survey, while 78 responses were received, with majority responding favourably regarding overall satisfaction with the current format of the program and signs provided. In conclusion, given that the Lawn Sign Road Safety Campaign is a cost effective method to bring awareness and to educate motorists of their driving behaviours, and that the majority of respondents indicated overall satisfaction of the program and signs provided, Staff is recommending that the pilot project become a permanent program. Page 332 of 551 2 TS-2020-32 December 8, 2020 BACKGROUND At its July 14, 2020 meeting, City Council approved a pilot project for a new Lawn Sign Road Safety Campaign for a trial basis, and to re-evaluate it before the end of 2020 to coincide with 2021 budget deliberations. A Lawn Sign Road Safety Campaign provides another tool to confront the issue of speeding on residential streets. The intent is to raise awareness to the issue of speeding and to remind drivers of the importance to drive safely and obey the speed limit. Transportation staff had investigated lawn sign programs in other municipalities and have recommended to pilot a Lawn Sign Road Safety Campaign for Niagara Falls in 2020. Historically, requests have been received from residents for additional road safety measures to address concerns of speeding and aggressive driving on neighbourhood streets. The proposed lawn signs are a cost effective method to bring awareness and to educate motorists of their driving behaviours. The use of lawn signs for promoting road safety is increasingly more common as municipalities in the Greater Toronto Area, and elsewhere in the Niagara Region have implemented campaigns in recent years. ANALYSIS/RATIONALE Upon Councils approval of the pilot project, Staff allowed one sign per household, on a first come first serve basis, free of charge to residents who requested them. The distribution of the lawn signs began in August 2020. Since the beginning of the pilot project, approximately 430 signs have been reserved, and approximately 340 of those signs have been picked up by residents to date. Please refer to Appendix A to view maps of the 340 locations throughout the City that currently have lawn signs installed on residents’ properties. Transportation Staff initiated a follow-up review at the beginning of November 2020, evaluating the public response to the program. Residents that provided email addresses to Staff were sent a link to an online survey soliciting their input and comments regarding the effectiveness of the Lawn Sign Road Safety Campaign. Slightly more than 200 residents were contacted to complete the online survey, while 78 responses were received with majority responding favourably regarding overall satisfaction with the current format of the program and signs provided. Quick highlights of the survey results are provided below and detailed in Appendix C: 77 percent of respondents installed the sign continuously since receiving it, with the majority of signs installed longer that 2 months or more; the majority of respondents indicated the sign and post were still in good condition; 44 percent of respondents noted the signs have been effective at reducing the speed of vehicles; 41 percent noted the signs were effective at changing driver behaviours; Page 333 of 551 3 TS-2020-32 December 8, 2020 61 percent of respondents noted that the signs have been effective at bringing awareness that pedestrians are present; 76 percent are satisfied with the current format of the program; 66 percent felt that the program should continue to be fully funded by the City; Suggestions for improvement include: o Involve additional stakeholders (i.e. School Boards); o Allow signs on City property; o Add fine warning to signs; o Enhance advertising; o Allow more signs per household; o Improve the durability of the sign and support post; and o Make the signs more noticeable. In conclusion, given that the Lawn Sign Road Safety Campaign is a cost effective method to bring awareness and to educate motorists of their driving behaviours, and that the majority of respondents indicated overall satisfaction of the program and signs provided, Staff is recommending that the pilot project become a permanent program. Staff will continue to improve the program based on the comments received from the program participants. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The production of the lawn signs are recommended to continue being carried out by an external printing company and supplied to the residents by Transportation Services staff. The material costs can be accommodated within Transportation Services 2021 Operating Budget, up to a maximum allocation of $5,000 per year. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Locations of Lawn Signs Summary of Survey Responses Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Mat B. Page 334 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Overview of Maps Map 1 Map 3Map 2 Map 5Map 4 Map 6 Map 7 Map 8 -Map Border Page 335 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 1 -Lawn Sign Location Page 336 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 2 -Lawn Sign Location Page 337 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 3 -Lawn Sign Location Page 338 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 4 -Lawn Sign Location Page 339 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 5 -Lawn Sign Location Page 340 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 6 -Lawn Sign Location Page 341 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 7 -Lawn Sign Location Page 342 of 551 TS-2020-32 SLOW DOWN Lawn Sign Road Safety Campaign Locations of Lawn Signs -Map 8 -Lawn Sign Location Page 343 of 551 Lawn Sign Road Safety Campaign - Summary of Survey Responses Less than 1 month 24% 2 months 38% More than 2 months 38% From the time when the Slow Down sign has been provided to you by the City: How long has the sign been installed? Daily 20% Weekends Only 3% Continously 77% From the time when the Slow Down sign has been provided to you by the City: How often has the sign been installed? 62 33 0 7 0 14 6 0 10 20 30 40 50 60 70 Sign is in good condition Post is in good condition Sign is damaged but still useable Post is damaged but still useable Sign is damaged and discarded Post is damaged and discarded Sign/post has been vandalized What is the current condition of the sign/post? Page 1 Page 344 of 551 Yes 44%No 56% Have the SLOW DOWN lawn signs been effective at: Reducing the speed of vehicles? Yes 41% No 59% Have the SLOW DOWN lawn signs been effective at: Affecting a change in driver behaviours? Yes 61% No 39% Have the SLOW DOWN lawn signs been effective at: Bringing awareness to drivers that pedestrians are present? Page 2 Page 345 of 551 Yes 76% No 24% Continuing the Slow Down Sign Campaign: Are you satisfied with the current format of the program / signs provided? Fully funded by the City 66%Fully funded by the residents 2% Shared costs between the City 32% Continuing the Slow Down Sign Campaign: How should the program continue to be funded? 32 9 3 17 2 3 1 1 1 0 5 10 15 20 25 30 35 No changes required Make signs more noticeable Improve durablitly of sign Improve durablitly and/or length of post Allow more than 1 per household Enhance advertising Add fine warnings to sign Allow signs on City property Involve school board in campaign Do you have any suggested improvements to the City’s Lawn Sign Road-Safety Campaign? Page 3 Page 346 of 551 F-2020-49 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-49 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $47,800,509.30 for the period October 14, 2020 to November 23, 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 551 Page 1 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 1238956 ONTARIO INC EDWARD P LUSTIG LLB 442126 11-Nov-2020 CONTRACT SERVICES 27,628.50 1264240 ONTARIO LIMITED 442296 18-Nov-2020 REFUND 89,481.77 1346704 ONTARIO INC.442297 18-Nov-2020 REFUND 1,000.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 442298 18-Nov-2020 STORES/INVENTORY 37.50 1809624 ONTARIO INC.441395 14-Oct-2020 REFUND 1,293.51 1844971 ONTARIO INC 441789 28-Oct-2020 REFUND 56.39 1898339 ONTARIO INC 441790 28-Oct-2020 MATERIALS 1,243.00 1948084 ONTARIO LIMITED 442299 18-Nov-2020 REFUND 1,250.00 1962863 ONTARIO INC.441579 21-Oct-2020 REFUND 77.88 1962863 ONTARIO INC.442000 04-Nov-2020 REFUND 3,204.00 1970175 ONTARIO INC 442300 18-Nov-2020 REFUND 933.94 1984370 ONTARIO INC. O/A ALFIDOME CONSTRUCTION NIAGARA 441580 21-Oct-2020 CONTRACT SERVICES 26,997.15 2125553 ONTARIO INC 441396 14-Oct-2020 REFUND 1,000.00 2249419 ONTARIO INC - C/O McCOR MANAGEMENT 441581 21-Oct-2020 REFUND 155,562.55 2348441 ONTARIO INC O/A MR QUICK SOFT CLOTH 441791 28-Oct-2020 MATERIALS 79.10 2486489 ONTARIO INC 442301 18-Nov-2020 REFUND 6,991.85 2570664 ONTARIO INC AND 2570661 ONTARIO INC 442127 11-Nov-2020 REFUND 72.12 2578139 ONTARIO INC O/A HALCO PORTABLES 441582 21-Oct-2020 CONTRACT SERVICES 13,731.76 2578139 ONTARIO INC O/A HALCO PORTABLES 00313-0001 02-Nov-2020 CONTRACT SERVICES 2,290.51 2578139 ONTARIO INC O/A HALCO PORTABLES 00316-0001 23-Nov-2020 CONTRACT SERVICES 4,071.66 2578139 ONTARIO INC O/A HALCO PORTABLES 441792 28-Oct-2020 LEASES AND RENTS 2,785.45 2578139 ONTARIO INC O/A HALCO PORTABLES 00314-0001 09-Nov-2020 LEASES AND RENTS 10,234.41 2578139 ONTARIO INC O/A HALCO PORTABLES 00315-0001 16-Nov-2020 LEASES AND RENTS 4,863.53 2578139 ONTARIO INC O/A HALCO PORTABLES 441397 14-Oct-2020 MATERIALS 6,793.56 2635769 ONTARIO INC 442128 11-Nov-2020 MATERIALS 4,633.00 268509 ONTARIO INC 442302 18-Nov-2020 REFUND 20,453.84 2728646 ONTARIO INC 441793 28-Oct-2020 REFUND 105.51 407 ETR EXPRESS TOLL ROUTE 442303 18-Nov-2020 CONTRACT SERVICES 21.40 4426 QUEEN ST LTD 442304 18-Nov-2020 REFUND 9,448.86 5009882 ONTARIO LTD.441398 14-Oct-2020 CONTRACT SERVICES 598.90 723716 ONTARIO LTD O/A AIR CARE SERVICES 441407 14-Oct-2020 CONTRACT SERVICES 1,045.17 723716 ONTARIO LTD O/A AIR CARE SERVICES 00314-0002 09-Nov-2020 MATERIALS 813.60 788893 ONTARIO LIMITED O/A NIAGARA CRACK SEALING 441399 14-Oct-2020 CONTRACT SERVICES 6,894.20 788893 ONTARIO LIMITED O/A NIAGARA CRACK SEALING 441400 14-Oct-2020 CONTRACT SERVICES 7,672.70 797045 ONTARIO LTD 441794 28-Oct-2020 REFUND 28.34 A B C RECREATION LTD 441402 14-Oct-2020 MATERIALS 767.44 A. YOUNG PLANNER LTD 442135 11-Nov-2020 CONTRACT SERVICES 9,944.20 AAA BIGGAR'S LOCKSMITH & SECURITY 442001 04-Nov-2020 CONTRACT SERVICES 264.99 AAA BIGGAR'S LOCKSMITH & SECURITY 441401 14-Oct-2020 MATERIALS 489.18 AAA BIGGAR'S LOCKSMITH & SECURITY 441795 28-Oct-2020 MATERIALS 62.15 ACCEO SOLUTIONS INC.441796 28-Oct-2020 LEASES AND RENTS 6.44 ACCU LOCK AND SECURITY 441583 21-Oct-2020 CONTRACT SERVICES 254.25 ACCU LOCK AND SECURITY 00314-0003 09-Nov-2020 MATERIALS 180.80 ACCU LOCK AND SECURITY 00316-0002 23-Nov-2020 MATERIALS 84.75 ACK ARCHITECTS INC 441403 14-Oct-2020 REFUND 1,250.00 ACUITY HOLDINGS INC 441787 21-Oct-2020 MATERIALS 1,932.30 ADAMSON,MARANDA 442129 11-Nov-2020 TRAINING 208.60 ADISA,OLAKUNLE 441797 28-Oct-2020 REFUND 89.62 ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC.441404 14-Oct-2020 CONTRACT SERVICES 1,534.54 ADR CHAMBERS 441798 28-Oct-2020 CONTRACT SERVICES 791.00 ADVANCE TOWING & RECOVERY 441405 14-Oct-2020 CONTRACT SERVICES 248.60 ADVANCE TOWING & RECOVERY 441584 21-Oct-2020 CONTRACT SERVICES 1,274.07 ADVANCE TOWING & RECOVERY 441799 28-Oct-2020 CONTRACT SERVICES 3,870.25 ADVANCE TOWING & RECOVERY 442305 18-Nov-2020 CONTRACT SERVICES 1,121.52 AFTERMARKET PARTS COMPANY LLC 441406 14-Oct-2020 STORES/INVENTORY 68.32 AFTERMARKET PARTS COMPANY LLC 441800 28-Oct-2020 STORES/INVENTORY 463.57 AFTERMARKET PARTS COMPANY LLC 442002 04-Nov-2020 STORES/INVENTORY 1,447.42 AFTERMARKET PARTS COMPANY LLC 442130 11-Nov-2020 STORES/INVENTORY 2,030.92 AFTERMARKET PARTS COMPANY LLC 442306 18-Nov-2020 STORES/INVENTORY 2,880.37 AGL GRASS 441585 21-Oct-2020 MATERIALS 1,772.02 AIRD & BERLIS LLP 441408 14-Oct-2020 CONTRACT SERVICES 2,385.15 AIRD & BERLIS LLP 441586 21-Oct-2020 CONTRACT SERVICES 26,918.31 AIRD & BERLIS LLP 00316-0003 23-Nov-2020 CONTRACT SERVICES 25,856.30 AJ STONE COMPANY LTD 442003 04-Nov-2020 MATERIALS 3,930.96 ALEXANDER,ANGELA VICTORIA 442004 04-Nov-2020 REFUND 500.00 ALFIDOME CONSTRUCTION 442307 18-Nov-2020 CONTRACT SERVICES 10,593.75 ALISON'S SPORTS AWARDS & PROMOTIONS 441409 14-Oct-2020 MATERIALS 162.72 ALISON'S SPORTS AWARDS & PROMOTIONS 441587 21-Oct-2020 MATERIALS 20.34 ALISON'S SPORTS AWARDS & PROMOTIONS 441801 28-Oct-2020 MATERIALS 113.00 Page 348 of 551 Page 2 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ALISON'S SPORTS AWARDS & PROMOTIONS 00314-0004 09-Nov-2020 MATERIALS 141.25 ALISON'S SPORTS AWARDS & PROMOTIONS 00316-0004 23-Nov-2020 MATERIALS 111.36 ALL GREEN IRRIGATION 441411 14-Oct-2020 MATERIALS 1,009.43 ALLEN,SEAN& ALLEN, ERIKA 442309 18-Nov-2020 REFUND 500.00 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 441410 14-Oct-2020 MATERIALS 338.66 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 441588 21-Oct-2020 MATERIALS 849.72 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 441802 28-Oct-2020 MATERIALS 122.04 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 442005 04-Nov-2020 MATERIALS 152.55 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 442308 18-Nov-2020 MATERIALS 121.02 ALLIED MEDICAL INSTRUMENTS INC 441412 14-Oct-2020 MATERIALS 493.61 ALLIED MEDICAL INSTRUMENTS INC 00314-0005 09-Nov-2020 MATERIALS 100.28 ALTIERI BUILDING SUPPLIES LTD 441413 14-Oct-2020 MATERIALS 591.66 ALTIERI BUILDING SUPPLIES LTD 00314-0006 09-Nov-2020 MATERIALS 78.99 ALTIERI BUILDING SUPPLIES LTD 00315-0002 16-Nov-2020 MATERIALS 10.11 ALTIERI BUILDING SUPPLIES LTD 00316-0005 23-Nov-2020 MATERIALS 584.55 AMALGAMATED TRANSIT UNION #1582 00311-0001 19-Oct-2020 REMITTANCE 4,423.61 AMALGAMATED TRANSIT UNION #1582 00313-0002 02-Nov-2020 REMITTANCE 50.00 AMALGAMATED TRANSIT UNION #1582 00315-0003 16-Nov-2020 REMITTANCE 4,414.61 AMG ENVIRONMENTAL INC 441589 21-Oct-2020 CONTRACT SERVICES 2,203.50 ANDERSON,CURT 442165 11-Nov-2020 REFUND 93.99 ANDERSON,LES 441803 28-Oct-2020 REFUND 76.89 ANDREWS,EMILY 441414 14-Oct-2020 MATERIALS 750.00 ANDREWS,EMILY 441590 21-Oct-2020 MATERIALS 750.00 ANEJA,HARINDER PAL SINGH& ANEJA, ROSHNI 441804 28-Oct-2020 REFUND 15.02 ANELLO,FRANK JOSEPH 442310 18-Nov-2020 REFUND 750.00 ANGELES,FILOMENA 442006 04-Nov-2020 REFUND 750.00 ANIM-BOATENG,HARRIET 442311 18-Nov-2020 REFUND 4,488.47 ANTHONY'S EXCAVATING CENTRAL INC 441415 14-Oct-2020 CONTRACT SERVICES 771.23 ANTONIO,LISA 441591 21-Oct-2020 REFUND 535.00 APPLIED GEOLOGICS INC 442312 18-Nov-2020 SERVICES 127,044.77 AQUAFOR BEECH LIMITED 441416 14-Oct-2020 MATERIALS 6,924.08 AQUAFOR BEECH LIMITED 442313 18-Nov-2020 MATERIALS 5,152.80 ARC ENGINEERING INC 441592 21-Oct-2020 MATERIALS 23,854.07 ARTISTA DESIGN & PRINT INC 441417 14-Oct-2020 MATERIALS 1,192.15 ARTISTA DESIGN & PRINT INC 00314-0007 09-Nov-2020 MATERIALS 1,237.35 ARTISTA DESIGN & PRINT INC 00315-0004 16-Nov-2020 MATERIALS 507.37 ARTISTA DESIGN & PRINT INC 00316-0007 23-Nov-2020 MATERIALS 2,191.07 ARTISTA DESIGN & PRINT INC 441593 21-Oct-2020 STORES/INVENTORY 1,779.75 ART'S TOOL SALES OF NIA LTD.441805 28-Oct-2020 MATERIALS 597.77 ART'S TOOL SALES OF NIA LTD.00316-0006 23-Nov-2020 MATERIALS 6,783.39 ARTY BASINSKI 442131 11-Nov-2020 MATERIALS 678.00 ASIFLUID MANAGEMENT 442314 18-Nov-2020 MATERIALS 2,243.05 ASSOCIATED ENGINEERING (ONT) LTD 441594 21-Oct-2020 MATERIALS 932.25 ASSOCIATED ENGINEERING (ONT) LTD 442133 11-Nov-2020 MATERIALS 36,037.97 ASSOCIATED ENGINEERING (ONT) LTD 442315 18-Nov-2020 MATERIALS 7,747.49 ASSOCIATION OF ONTARIO ROAD SUPERVISORS 442132 11-Nov-2020 TRAINING 17,914.76 ASTASHOVA,OKSANA 442134 11-Nov-2020 REFUND 41.59 ATTIN,ELENA 441806 28-Oct-2020 REFUND 69.71 AUTOTRIM & SIGNS OF NIAGARA 441807 28-Oct-2020 CONTRACT SERVICES 513.34 AUTOTRIM & SIGNS OF NIAGARA 00315-0005 16-Nov-2020 MATERIALS 2,971.49 AUTOTRIM & SIGNS OF NIAGARA 00316-0008 23-Nov-2020 MATERIALS 75.48 B & S POOL SERVICES 442136 11-Nov-2020 CONTRACT SERVICES 3,898.50 BAGLIERI,CAREY 441595 21-Oct-2020 MATERIALS 424.54 BAIN PRINTING LIMITED 441596 21-Oct-2020 CONTRACT SERVICES 645.92 BAIN PRINTING LIMITED 441418 14-Oct-2020 MATERIALS 6.78 BAIN PRINTING LIMITED 00313-0003 02-Nov-2020 MATERIALS 355.95 BAKER TRANSIT PARTS INC.441419 14-Oct-2020 STORES/INVENTORY 312.98 BAKER TRANSIT PARTS INC.441597 21-Oct-2020 STORES/INVENTORY 215.76 BAKER TRANSIT PARTS INC.00313-0004 02-Nov-2020 STORES/INVENTORY 1,647.44 BAKER TRANSIT PARTS INC.00314-0008 09-Nov-2020 STORES/INVENTORY 847.98 BAKER TRANSIT PARTS INC.00315-0006 16-Nov-2020 STORES/INVENTORY 3,292.33 BAKER TRANSIT PARTS INC.00316-0009 23-Nov-2020 STORES/INVENTORY 2,538.92 BALTAZAR,NEIL 442137 11-Nov-2020 MATERIALS 57.24 BARGAIN KING 442138 11-Nov-2020 REFUND 252.57 BASE CAMP CONNECT 441420 14-Oct-2020 MATERIALS 315.00 BATTLEFIELD EQUIPMENT RENTALS 441421 14-Oct-2020 CONTRACT SERVICES 1,318.68 BATTLEFIELD EQUIPMENT RENTALS 441598 21-Oct-2020 LEASES AND RENTS 1,152.69 BATTLEFIELD EQUIPMENT RENTALS 442007 04-Nov-2020 MATERIALS 2,098.91 BATTLEFIELD EQUIPMENT RENTALS 442139 11-Nov-2020 MATERIALS 542.94 Page 349 of 551 Page 3 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount BATTLEFIELD EQUIPMENT RENTALS 442316 18-Nov-2020 MATERIALS 246.27 BEALES,TOM 442008 04-Nov-2020 MATERIALS 67.80 BELL CANADA 441423 14-Oct-2020 MATERIALS 2,701.94 BELL CANADA 441600 21-Oct-2020 MATERIALS 99.38 BELL CANADA - PUBLIC ACCESS 441601 21-Oct-2020 CONTRACT SERVICES 169.50 BELL CANADA - PUBLIC ACCESS 442318 18-Nov-2020 SERVICES 169.50 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 441809 28-Oct-2020 MATERIALS 50.25 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00315-0007 16-Nov-2020 MATERIALS 52.78 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00316-0010 23-Nov-2020 MATERIALS 228.21 BEREZIUK,JUSTIN 442141 11-Nov-2020 REFUND 185.46 BERKELEY PAYMENT SOLUTIONS INC.00313-0005 02-Nov-2020 MATERIALS 17,912.04 BERNAT,CLARK 442320 18-Nov-2020 MATERIALS 167.75 BERRY,BEN 442319 18-Nov-2020 MATERIALS 200.00 BESHIR,OMAR 442142 11-Nov-2020 REFUND 194.75 BETTS,GREGORY BRIAN& BETTS, EDWARD GORDON 441810 28-Oct-2020 REFUND 51.71 BICKLE MAIN INDUSTRIAL SUPPLY INC 441811 28-Oct-2020 MATERIALS 223.67 BICKLE MAIN INDUSTRIAL SUPPLY INC 00314-0009 09-Nov-2020 MATERIALS 54.97 BICKLE MAIN INDUSTRIAL SUPPLY INC 00315-0008 16-Nov-2020 MATERIALS 169.44 BICKLE MAIN INDUSTRIAL SUPPLY INC 441424 14-Oct-2020 STORES/INVENTORY 38.42 BIG BEE CONVENIENCE 441425 14-Oct-2020 REFUND 1,380.00 BIRNIE,CORY 442321 18-Nov-2020 MATERIALS 163.27 BLACK,RICHARD 441812 28-Oct-2020 MATERIALS 84.24 BLACK,RICHARD 442010 04-Nov-2020 MATERIALS 62.64 BLACKBURN,BROOKE 441602 21-Oct-2020 MATERIALS 210.00 BLOCH,CHRIS 441813 28-Oct-2020 MATERIALS 66.96 BLOCH,CHRIS 442011 04-Nov-2020 MATERIALS 79.92 BLOOM INC.441426 14-Oct-2020 MATERIALS 1,073.50 BMO NATIONAL SERVICES 442322 18-Nov-2020 REFUND 1,323.00 BOB ROBINSON & SON CONSTRUCTION 441603 21-Oct-2020 CONTRACT SERVICES 3,135.75 BODOGH,MARK 442323 18-Nov-2020 REFUND 34.20 BOOT SHOP 441604 21-Oct-2020 MATERIALS 186.45 BOTTRELL,KURTIS 441427 14-Oct-2020 MATERIALS 120.42 BOYS & GIRLS CLUB OF NIAGARA 441814 28-Oct-2020 FEE FOR SERVICE 17,250.75 BRAND BLVD INC 442324 18-Nov-2020 MATERIALS 1,348.04 BRENNAN PAVING LTD.442012 04-Nov-2020 CONTRACT SERVICES 288,100.41 BRENNAN PAVING LTD.442013 04-Nov-2020 CONTRACT SERVICES 3,840.87 BRENNAN PAVING LTD.442014 04-Nov-2020 CONTRACT SERVICES 46,316.44 BRENNAN PAVING LTD.442015 04-Nov-2020 CONTRACT SERVICES 22,574.82 BRINKS CANADA LTD 441605 21-Oct-2020 CONTRACT SERVICES 2,414.86 BROCK FORD 441428 14-Oct-2020 CONTRACT SERVICES 1,636.25 BROCK FORD 441606 21-Oct-2020 MATERIALS 36,620.78 BROCK FORD 441815 28-Oct-2020 MATERIALS 49,000.55 BROCK FORD 442145 11-Nov-2020 MATERIALS 615.05 BROCK FORD 442325 18-Nov-2020 MATERIALS 165.34 BROCK FORD 442016 04-Nov-2020 STORES/INVENTORY 878.96 BRODERICK & PARTNERS LLP IN TRUST 442326 18-Nov-2020 REFUND 1,052,242.75 BROKERLINK INC 442017 04-Nov-2020 REMITTANCE 38,854.92 BROKERLINK INC 441607 21-Oct-2020 SERVICES 2,225,424.20 BROMAC CONSTRUCTION INC 442018 04-Nov-2020 CONTRACT SERVICES 562,066.01 BROWN,JENNIFER 442146 11-Nov-2020 REFUND 150.50 BUDD,BRIAN& BUDD, HALINA 442327 18-Nov-2020 REFUND 750.00 BUDGET DEMOLITION 442328 18-Nov-2020 CONTRACT SERVICES 24,685.99 BURGESS FENCE CONTRACTORS 442019 04-Nov-2020 MATERIALS 5,175.40 BURIY,VOLDYMYR& DOROZHIVSKA, SOLOMIIA-SOFIIA 441817 28-Oct-2020 REFUND 185.36 BUTYNIEC,DAVE 442147 11-Nov-2020 MATERIALS 59.94 BYERS,SARA 441431 14-Oct-2020 MATERIALS 167.75 BYERS,SARA 442148 11-Nov-2020 TRAVEL/MILEAGE 57.78 BYRNES,BARRY THOMAS 441608 21-Oct-2020 REFUND 500.00 C & R INVESTMENTS 441838 28-Oct-2020 MATERIALS 194.85 CAD NORTH INC.442020 04-Nov-2020 CONTRACT SERVICES 5,650.00 CALE SYSTEMS INC.442021 04-Nov-2020 CONTRACT SERVICES 5,802.55 CAMPBELL & COMPANY APPRAISALS INC.442329 18-Nov-2020 CONTRACT SERVICES 2,107.45 CAMPBELL MONUMENT CO LTD 441818 28-Oct-2020 MATERIALS 24,227.20 CAMPBELL,DAVID 441432 14-Oct-2020 REFUND 79.06 CANADA CLEAN FUELS 441433 14-Oct-2020 MATERIALS 48,606.62 CANADA CLEAN FUELS 441609 21-Oct-2020 MATERIALS 38,653.78 CANADA CLEAN FUELS 00313-0006 02-Nov-2020 MATERIALS 7,213.28 CANADA CLEAN FUELS 00314-0010 09-Nov-2020 MATERIALS 6,155.61 CANADA CLEAN FUELS 00315-0009 16-Nov-2020 MATERIALS 100,343.58 Page 350 of 551 Page 4 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CANADA CLEAN FUELS 00316-0011 23-Nov-2020 MATERIALS 43,874.91 CANADA POST CORPORATION 00312-0002 26-Oct-2020 MATERIALS 3,909.39 CANADA POST CORPORATION 00313-0007 02-Nov-2020 MATERIALS 4,050.79 CANADA POST CORPORATION 00314-0011 09-Nov-2020 MATERIALS 21.44 CANADA POST CORPORATION 00315-0010 16-Nov-2020 MATERIALS 9,221.35 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)441628 21-Oct-2020 CONTRACT SERVICES 11,886.88 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)442026 04-Nov-2020 CONTRACT SERVICES 13,129.62 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)442340 18-Nov-2020 CONTRACT SERVICES 4,893.63 CANADIAN DOOR DOCTOR 441611 21-Oct-2020 CONTRACT SERVICES 180.80 CANADIAN DOOR DOCTOR 00314-0012 09-Nov-2020 CONTRACT SERVICES 920.95 CANADIAN DOOR DOCTOR 00315-0011 16-Nov-2020 CONTRACT SERVICES 1,130.00 CANADIAN LINEN & UNIFORM 441435 14-Oct-2020 CONTRACT SERVICES 8,446.00 CANADIAN LINEN & UNIFORM 441612 21-Oct-2020 CONTRACT SERVICES 436.20 CANADIAN LINEN & UNIFORM 00312-0003 26-Oct-2020 CONTRACT SERVICES 5,435.73 CANADIAN LINEN & UNIFORM 00314-0013 09-Nov-2020 CONTRACT SERVICES 532.46 CANADIAN LINEN & UNIFORM 00315-0012 16-Nov-2020 CONTRACT SERVICES 527.34 CANADIAN LINEN & UNIFORM 00316-0012 23-Nov-2020 CONTRACT SERVICES 1,389.38 CANADIAN LOCATORS INC.441610 21-Oct-2020 CONTRACT SERVICES 56,091.39 CANADIAN NATIONAL 00312-0004 26-Oct-2020 CONTRACT SERVICES 3,826.50 CANADIAN NATIONAL 00313-0008 02-Nov-2020 MATERIALS 200.01 CANADIAN PACIFIC RAILWAY CO 442331 18-Nov-2020 CONTRACT SERVICES 1,214.50 CANADIAN TIRE PROPERTIES INC.441819 28-Oct-2020 LEASES AND RENTS 3,419.16 CANADIAN TIRE REAL ESTATE 442332 18-Nov-2020 REFUND 80,904.29 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 00313-0009 02-Nov-2020 CONTRACT SERVICES 372.52 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 441434 14-Oct-2020 MATERIALS 2,032.81 CANON CANADA INC 441613 21-Oct-2020 LEASES AND RENTS 661.52 CANON CANADA INC 442330 18-Nov-2020 LEASES AND RENTS 660.46 CANON CANADA INC 442149 11-Nov-2020 MATERIALS 352.15 CANTEC SECURITY SERVICES INC 441436 14-Oct-2020 CONTRACT SERVICES 3,856.13 CANTEC SECURITY SERVICES INC 441614 21-Oct-2020 CONTRACT SERVICES 4,407.00 CANTEC SECURITY SERVICES INC 00315-0013 16-Nov-2020 CONTRACT SERVICES 7,866.50 CANTEC SECURITY SERVICES INC 00316-0013 23-Nov-2020 CONTRACT SERVICES 12,006.25 CAPPA,ANTHONY 441820 28-Oct-2020 REFUND 100.00 CARDENAS,ANDREA 442150 11-Nov-2020 REFUND 168.27 CARDENAS,WENDY 442153 11-Nov-2020 REFUND 212.56 CARDINAL COURIERS LTD 442022 04-Nov-2020 MATERIALS 132.82 CARTER LEASE & RENTALS INC 441821 28-Oct-2020 CONTRACT SERVICES 4,409.87 CARTER LEASE & RENTALS INC 00316-0014 23-Nov-2020 LEASES AND RENTS 2,918.15 CARTER,KELLY 442151 11-Nov-2020 REFUND 206.90 CARTER,MERCEDES 442152 11-Nov-2020 REFUND 40.67 CASSELS BROCK & BLACKWELL LLP 441615 21-Oct-2020 CONTRACT SERVICES 26,281.10 CASSELS BROCK & BLACKWELL LLP 441822 28-Oct-2020 CONTRACT SERVICES 48,260.67 CASTLE MECHANICAL 441616 21-Oct-2020 CONTRACT SERVICES 2,293.80 CASTLE MECHANICAL 442333 18-Nov-2020 CONTRACT SERVICES 813.17 CASTLE MECHANICAL 442154 11-Nov-2020 MATERIALS 564.10 CAVALLERI,KALEN 442334 18-Nov-2020 MATERIALS 55.00 CAZILA,AURELIA 441823 28-Oct-2020 REFUND 175.04 CBM N.A. INC 441437 14-Oct-2020 STORES/INVENTORY 1,234.47 CBM N.A. INC 441617 21-Oct-2020 STORES/INVENTORY 1,548.24 CBM N.A. INC 00313-0010 02-Nov-2020 STORES/INVENTORY 3,143.17 CBM N.A. INC 00314-0014 09-Nov-2020 STORES/INVENTORY 791.00 CBM N.A. INC 00316-0015 23-Nov-2020 STORES/INVENTORY 335.61 CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 441438 14-Oct-2020 CONTRACT SERVICES 334,096.17 CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 441825 28-Oct-2020 CONTRACT SERVICES 93,686.34 CENTRAL COMMUNICATIONS 442023 04-Nov-2020 CONTRACT SERVICES 824.90 CENTURY HOLDINGS LTD 441824 28-Oct-2020 REFUND 25,104.60 CENTURY HOLDINGS LTD 442335 18-Nov-2020 REFUND 25,103.00 CERMINARA,JOE 441618 21-Oct-2020 MATERIALS 146.72 CERVUS EQUIPMENT #2602 441826 28-Oct-2020 MATERIALS 279.83 CERVUS EQUIPMENT #2602 00315-0014 16-Nov-2020 STORES/INVENTORY 1,128.94 CESARIN,RYAN 441439 14-Oct-2020 MATERIALS 175.00 CHABOT,PATRICIA 441827 28-Oct-2020 REFUND 251.09 CHABOT,SUZANNE 442336 18-Nov-2020 REFUND 200.00 CHAMBERS WATER HAULAGE 1174723 ONTARIO LIMITED 441620 21-Oct-2020 MATERIALS 80.00 CHAMBERS WATER HAULAGE 1174723 ONTARIO LIMITED 00315-0015 16-Nov-2020 MATERIALS 80.00 CHAMBERS,RUTH 442156 11-Nov-2020 REFUND 194.58 CHAMPANERI,ABHIRAJ 441440 14-Oct-2020 MATERIALS 157.14 CHAMPANERI,ABHIRAJ 442155 11-Nov-2020 MATERIALS 140.40 CHAPMAN,GEOFFREY 441619 21-Oct-2020 REFUND 750.88 Page 351 of 551 Page 5 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CHARLES JONES INDUSTRIAL LTD 441441 14-Oct-2020 STORES/INVENTORY 1,114.11 CHARLES JONES INDUSTRIAL LTD 441621 21-Oct-2020 STORES/INVENTORY 4,392.04 CHARLES JONES INDUSTRIAL LTD 00313-0011 02-Nov-2020 STORES/INVENTORY 668.32 CHARLES JONES INDUSTRIAL LTD 00314-0015 09-Nov-2020 STORES/INVENTORY 210.72 CHARLES JONES INDUSTRIAL LTD 00315-0016 16-Nov-2020 STORES/INVENTORY 3,330.08 CHARLES JONES INDUSTRIAL LTD 00316-0016 23-Nov-2020 STORES/INVENTORY 1,559.69 CHEN,HE& WANG, WEISHAN 442157 11-Nov-2020 REFUND 101.90 CHIODO,JOHN 441442 14-Oct-2020 TRAINING 1,000.00 CHIPPAWA LIONS CLUB 442158 11-Nov-2020 REFUND 1,661.07 CIBC 441828 28-Oct-2020 REFUND 1,396.28 CIBC ELECTRONIC BANKING OPERATIONS 442159 11-Nov-2020 REFUND 300.00 CIBC MORTGAGES INC 441622 21-Oct-2020 REFUND 2,049.55 CIMA CANADA INC 442337 18-Nov-2020 MATERIALS 19,474.99 CIMCO REFRIGERATION 441623 21-Oct-2020 CONTRACT SERVICES 6,589.92 CIMCO REFRIGERATION 442024 04-Nov-2020 CONTRACT SERVICES 709.40 CIMCO REFRIGERATION 442160 11-Nov-2020 CONTRACT SERVICES 3,332.20 CIMCO REFRIGERATION 442338 18-Nov-2020 CONTRACT SERVICES 958.84 CIRCLE P. PAVING INC.441624 21-Oct-2020 CONTRACT SERVICES 63,864.81 CITY ELECTRIC SUPPLY 441625 21-Oct-2020 MATERIALS 374.32 CIUPA,BERNICE 441829 28-Oct-2020 REFUND 67.98 CJED-FM 442025 04-Nov-2020 MATERIALS 131.36 CM LIGHTING MAINTENANCE 441444 14-Oct-2020 MATERIALS 2,049.57 C-MAX FIRE SOLUTIONS 441443 14-Oct-2020 MATERIALS 136.37 C-MAX FIRE SOLUTIONS 441626 21-Oct-2020 MATERIALS 303.33 C-MAX FIRE SOLUTIONS 00312-0001 26-Oct-2020 MATERIALS 1,639.55 CNM INC 442161 11-Nov-2020 REFUND 9.58 COGECO CONNEXION INC 441830 28-Oct-2020 CONTRACT SERVICES 45.14 COGECO CONNEXION INC 441445 14-Oct-2020 MATERIALS 73.39 COLLEE,DOUG 442339 18-Nov-2020 MATERIALS 175.00 COLLINSON,YVONNE SHIRLEY 441627 21-Oct-2020 REFUND 809.26 COLVOY ENTERPRISES 2012 LTD 441831 28-Oct-2020 MATERIALS 670.88 COMMERCIAL AUTO ELECTRIC 441832 28-Oct-2020 MATERIALS 372.54 COMPUGEN INC 441446 14-Oct-2020 CONTRACT SERVICES 430.81 COMPUGEN INC 441833 28-Oct-2020 CONTRACT SERVICES 3,709.79 COMPUGEN INC 441629 21-Oct-2020 SERVICES 15,452.19 COMPUGEN INC 442027 04-Nov-2020 SERVICES 52,043.37 CONSORTECH 441834 28-Oct-2020 SERVICES 1,695.00 CORD,KATHY MARIE 441835 28-Oct-2020 REFUND 97.65 CORSARO CLASSIC ENGRAVING 441447 14-Oct-2020 CONTRACT SERVICES 197.75 COTTON CANDY INC.441448 14-Oct-2020 STORES/INVENTORY 3,863.13 COTTON INC 442028 04-Nov-2020 CONTRACT SERVICES 15,307.83 CRASH RHYTHM 442162 11-Nov-2020 MATERIALS 700.00 CRAWFORD & COMPANY (CANADA) INC 441449 14-Oct-2020 CONTRACT SERVICES 2,759.14 CRAWFORD & COMPANY (CANADA) INC 441630 21-Oct-2020 CONTRACT SERVICES 4,186.00 CRAWFORD & COMPANY (CANADA) INC 442341 18-Nov-2020 CONTRACT SERVICES 4,059.50 CRAWFORD & COMPANY (CANADA) INC IN TRUST 442163 11-Nov-2020 REMITTANCE 8,481.53 CRAWFORD SMITH & SWALLOW 441836 28-Oct-2020 CONTRACT SERVICES 1,751.50 CRE-8-IT SIGNS 441631 21-Oct-2020 MATERIALS 6,870.40 CREIGHTON,SHELLEY 441837 28-Oct-2020 MATERIALS 175.00 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 441450 14-Oct-2020 CONTRACT SERVICES 68,317.54 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 441839 28-Oct-2020 CONTRACT SERVICES 152,490.80 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 441840 28-Oct-2020 CONTRACT SERVICES 46,832.95 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 442342 18-Nov-2020 CONTRACT SERVICES 66,844.27 CROSSLEY,KENDRA 442164 11-Nov-2020 REFUND 180.63 CSSN COMMUNITY SUPPORT SERVICES OF NIAGARA 442343 18-Nov-2020 MATERIALS 281.20 CUCUZ,ZORAN 441632 21-Oct-2020 MATERIALS 56.50 CULF,GEOFFREY 442029 04-Nov-2020 REFUND 620.62 CUPE LOCAL 133 00311-0002 19-Oct-2020 REMITTANCE 10,243.96 CUPE LOCAL 133 00313-0013 02-Nov-2020 REMITTANCE 10,386.33 CUPE LOCAL 133 00315-0017 16-Nov-2020 REMITTANCE 10,377.68 CUPOLO,BRITTANIE 441841 28-Oct-2020 REFUND 500.00 CUSTOM LOT CLEARING INC.441633 21-Oct-2020 CONTRACT SERVICES 3,480.40 D & R LANDSCAPE GROUP 441640 21-Oct-2020 MATERIALS 542.40 D K TECHNICAL SERVICES INC 442036 04-Nov-2020 MATERIALS 270.75 DANIELE,CHRIS 442167 11-Nov-2020 TRAINING 129.39 DARCH FIRE 441635 21-Oct-2020 CONTRACT SERVICES 474.60 DARCH FIRE 442031 04-Nov-2020 MATERIALS 860.29 DARCH FIRE 442168 11-Nov-2020 MATERIALS 893.54 DARLENE,SHERRI 441636 21-Oct-2020 MATERIALS 210.00 Page 352 of 551 Page 6 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount DAVIS,ROBERT 442345 18-Nov-2020 MATERIALS 25.98 DAVIS,STEPHEN 442169 11-Nov-2020 MATERIALS 500.00 DAWSON,DIANNA 441842 28-Oct-2020 REFUND 50.00 DEBICKI,FRANK J 442170 11-Nov-2020 REFUND 146.28 DECAST 441452 14-Oct-2020 MATERIALS 1,696.54 DELLA MARCA,EDWARD 441843 28-Oct-2020 MATERIALS 200.00 DEMAR CONSTRUCTION 441453 14-Oct-2020 CONTRACT SERVICES 15,876.22 DEMAR CONSTRUCTION 441454 14-Oct-2020 CONTRACT SERVICES 3,300.06 DEMOL'S TIRE SALES & SERVICE 441637 21-Oct-2020 CONTRACT SERVICES 22.50 DEMOL'S TIRE SALES & SERVICE 441844 28-Oct-2020 CONTRACT SERVICES 286.78 DEMOL'S TIRE SALES & SERVICE 442346 18-Nov-2020 CONTRACT SERVICES 117.80 DENIZ,CEM 442032 04-Nov-2020 REFUND 500.00 DENNIS,JEAN& DENNIS, MICHAEL 442033 04-Nov-2020 REFUND 675.25 DENNY,JISHA 442171 11-Nov-2020 REFUND 189.24 DEPENDABLE EMERGENCY VEHICLES 441845 28-Oct-2020 MATERIALS 462.28 DEPENDABLE EMERGENCY VEHICLES 442172 11-Nov-2020 MATERIALS 2,257.60 DESIGN ELECTRONICS 441846 28-Oct-2020 MATERIALS 5,101.77 DESIGN ELECTRONICS 441455 14-Oct-2020 SERVICES 4,253.73 DESIGN ELECTRONICS 442347 18-Nov-2020 SERVICES 1,403.18 DESSON,LINDA 442348 18-Nov-2020 MATERIALS 100.00 DEVEREAUX,FRANK 442034 04-Nov-2020 MATERIALS 175.00 DEVRON SALES LTD 442035 04-Nov-2020 MATERIALS 8,080.46 DEVRON SALES LTD 442173 11-Nov-2020 MATERIALS 409.96 DHALJWAL,GURSAJAN SINGH 441848 28-Oct-2020 REFUND 77.85 DIGITAL POSTAGE ON CALL 441456 14-Oct-2020 MATERIALS 19,210.00 DIODATI,JIM 441849 28-Oct-2020 REMITTANCE 1,205.01 DIPPIN' DOTS WORLDWIDE HOLDINGS LLC 442174 11-Nov-2020 REFUND 204.41 DISPATCH TALENT INCORPORATED 442175 11-Nov-2020 MATERIALS 1,243.00 DIXON COMMERCIAL INVESTIGATORS (1982) INC.441638 21-Oct-2020 CONTRACT SERVICES 8,503.25 DOBBIN,DEBRA 441639 21-Oct-2020 REFUND 578.00 DON'S SPRING REPAIR AND SERVICE 441850 28-Oct-2020 CONTRACT SERVICES 406.80 DON'S SPRING REPAIR AND SERVICE 442176 11-Nov-2020 CONTRACT SERVICES 802.30 DR. AMINA BRAR,442144 11-Nov-2020 MATERIALS 26,614.83 DR. CHRISTOPHER GRANT RUSSELL 441743 21-Oct-2020 REMITTANCE 8,646.48 DRAGOSAVLJEVIC,DANIJEL 442349 18-Nov-2020 MATERIALS 105.84 DROLET,MARCO 442037 04-Nov-2020 MATERIALS 200.00 DROLLIS SAFETY SUPPLY CO LTD 442177 11-Nov-2020 STORES/INVENTORY 438.77 DUFF,YVETTE 442178 11-Nov-2020 MATERIALS 400.00 DUFFERIN CONCRETE 441458 14-Oct-2020 MATERIALS 1,463.58 DUFFERIN CONCRETE 441641 21-Oct-2020 MATERIALS 5,076.82 DUFFERIN CONCRETE 00313-0014 02-Nov-2020 MATERIALS 2,561.28 DUFFERIN CONCRETE 00314-0016 09-Nov-2020 MATERIALS 1,189.17 DULAY,MELISSA 442179 11-Nov-2020 REFUND 97.30 DUMONT SECURITY 442180 11-Nov-2020 CONTRACT SERVICES 1,214.58 DUNCOMBE,QUETELL 442181 11-Nov-2020 REFUND 164.63 DUNNETT,RYLEY 441851 28-Oct-2020 MATERIALS 50.00 DYNAMIC DISPLAYS LTD 441642 21-Oct-2020 MATERIALS 3,955.00 DYNAMIC DISPLAYS LTD 00315-0018 16-Nov-2020 MATERIALS 3,955.00 E & R LAWN EQUIPMENT 441856 28-Oct-2020 CONTRACT SERVICES 2,568.10 E & R LAWN EQUIPMENT 442185 11-Nov-2020 MATERIALS 631.67 E & R LAWN EQUIPMENT 442043 04-Nov-2020 STORES/INVENTORY 26.95 EASTERN SPICES 441459 14-Oct-2020 REFUND 1,250.00 EASY FINANCIAL 441460 14-Oct-2020 PAYROLL REMITTANCE 267.01 EASY FINANCIAL 441852 28-Oct-2020 PAYROLL REMITTANCE 267.01 EASY FINANCIAL 442182 11-Nov-2020 PAYROLL REMITTANCE 267.01 EATON,DOUG 442183 11-Nov-2020 MATERIALS 90.00 ELEMENT LANDSCAPE SERVICES INC 442038 04-Nov-2020 CONTRACT SERVICES 678.00 ELEMENT LANDSCAPE SERVICES INC 442184 11-Nov-2020 CONTRACT SERVICES 21,490.06 ELLIS ENGINEERING INC.442350 18-Nov-2020 CONTRACT SERVICES 5,433.31 ELREG DISTRIBUTORS LTD 442039 04-Nov-2020 STORES/INVENTORY 5,637.88 ELREG DISTRIBUTORS LTD 442351 18-Nov-2020 STORES/INVENTORY 5,637.88 EMCO CORPORATION 441853 28-Oct-2020 MATERIALS 1,120.28 EMCO CORPORATION 00315-0019 16-Nov-2020 MATERIALS 216.96 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00311-0003 19-Oct-2020 UTILITIES 694.12 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00312-0005 26-Oct-2020 UTILITIES 944.99 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00313-0015 02-Nov-2020 UTILITIES 1,195.09 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00314-0017 09-Nov-2020 UTILITIES 17,333.42 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00315-0020 16-Nov-2020 UTILITIES 4,319.16 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00316-0017 23-Nov-2020 UTILITIES 4,104.60 Page 353 of 551 Page 7 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ENTERPRISE RENT A CAR CANADA COMPANY 441461 14-Oct-2020 LEASES AND RENTS 4,777.64 ENTERPRISE RENT A CAR CANADA COMPANY 441462 14-Oct-2020 LEASES AND RENTS 3,434.07 ENTERPRISE RENT A CAR CANADA COMPANY 441644 21-Oct-2020 LEASES AND RENTS 3,434.07 ENTERPRISE RENT A CAR CANADA COMPANY 441854 28-Oct-2020 LEASES AND RENTS 4,777.64 ENTERPRISE RENT A CAR CANADA COMPANY 442040 04-Nov-2020 LEASES AND RENTS 1,343.57 ENTERPRISE RENT A CAR CANADA COMPANY 442352 18-Nov-2020 LEASES AND RENTS 11,979.47 E-QUIP RENTALS & REPAIRS INC 441463 14-Oct-2020 MATERIALS 321.88 E-QUIP RENTALS & REPAIRS INC 441645 21-Oct-2020 MATERIALS 1,742.67 E-QUIP RENTALS & REPAIRS INC 441855 28-Oct-2020 MATERIALS 2,025.68 E-QUIP RENTALS & REPAIRS INC 442042 04-Nov-2020 MATERIALS 183.09 E-QUIP RENTALS & REPAIRS INC 442354 18-Nov-2020 MATERIALS 417.14 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 441857 28-Oct-2020 MATERIALS 128.71 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 442044 04-Nov-2020 MATERIALS 23,363.62 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 442188 11-Nov-2020 MATERIALS 6,222.39 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 00316-0018 23-Nov-2020 MATERIALS 3,576.42 EVANS,AUSTIN 442187 11-Nov-2020 MATERIALS 31.24 EXP SERVICES INC 442045 04-Nov-2020 CONTRACT SERVICES 3,299.60 EXP SERVICES INC 441858 28-Oct-2020 MATERIALS 4,900.25 EXP SERVICES INC 442189 11-Nov-2020 MATERIALS 5,963.58 EXP SERVICES INC 442355 18-Nov-2020 MATERIALS 2,310.85 FAIRBARN,MARY SUE& SPEARING, MICHAEL 442046 04-Nov-2020 REFUND 494.00 FALLS CHEVROLET CADILLAC 441464 14-Oct-2020 CONTRACT SERVICES 3,092.11 FALLS CHEVROLET CADILLAC 441859 28-Oct-2020 CONTRACT SERVICES 545.44 FALLS CHEVROLET CADILLAC 00316-0019 23-Nov-2020 CONTRACT SERVICES 631.12 FALLS CHEVROLET CADILLAC 441646 21-Oct-2020 MATERIALS 2,638.53 FALLS CHEVROLET CADILLAC 00315-0021 16-Nov-2020 MATERIALS 2,204.01 FALLSWAY SUPPLY 441647 21-Oct-2020 MATERIALS 24.81 FALLSWAY SUPPLY 00314-0018 09-Nov-2020 MATERIALS 53.09 FALLSWAY SUPPLY 00315-0022 16-Nov-2020 MATERIALS 4.61 FARNAN,GARY 442190 11-Nov-2020 MATERIALS 120.00 FASTENAL CANADA LTD 441648 21-Oct-2020 MATERIALS 183.26 FASTENAL CANADA LTD 442356 18-Nov-2020 MATERIALS 433.47 FASTENAL CANADA LTD 441860 28-Oct-2020 STORES/INVENTORY 146.90 FASTENAL CANADA LTD 442047 04-Nov-2020 STORES/INVENTORY 35.03 FASTENAL CANADA LTD 442191 11-Nov-2020 STORES/INVENTORY 15,760.80 FEREN SIGNS & GRAPHICS 441649 21-Oct-2020 CONTRACT SERVICES 600.03 FESS,ROBIN 442192 11-Nov-2020 REFUND 59.50 FILION WAKELY THORUP ANGELETTI LLP 441650 21-Oct-2020 CONTRACT SERVICES 1,692.18 FIORENTINO,LISA MARIE 442357 18-Nov-2020 REFUND 200.00 FIRE MONITORING OF CANADA INC 441465 14-Oct-2020 CONTRACT SERVICES 2,612.33 FIRE MONITORING OF CANADA INC 441651 21-Oct-2020 CONTRACT SERVICES 1,343.39 FIRE MONITORING OF CANADA INC 00314-0019 09-Nov-2020 CONTRACT SERVICES 1,204.94 FIREHALL BOOKSTORE 442048 04-Nov-2020 MATERIALS 1,217.42 FISHER,RYAN MORGAN 442049 04-Nov-2020 REFUND 750.00 FITZGERALD,HELEN 441652 21-Oct-2020 REFUND 354.41 FLAGG,ISAAC 442358 18-Nov-2020 REMITTANCE 2,500.00 FLAGS UNLIMITED INC 441862 28-Oct-2020 STORES/INVENTORY 195.08 FLEXO PRODUCTS LTD 00315-0023 16-Nov-2020 MATERIALS 3,096.01 FLEXO PRODUCTS LTD 441466 14-Oct-2020 STORES/INVENTORY 1,308.34 FLEXO PRODUCTS LTD 441653 21-Oct-2020 STORES/INVENTORY 445.85 FLEXO PRODUCTS LTD 00313-0016 02-Nov-2020 STORES/INVENTORY 2,676.64 FLEXO PRODUCTS LTD 00314-0020 09-Nov-2020 STORES/INVENTORY 312.29 FLEXO PRODUCTS LTD 00316-0020 23-Nov-2020 STORES/INVENTORY 361.29 FORD,GERALD 442193 11-Nov-2020 REFUND 363.33 FORM & AFFECT 441654 21-Oct-2020 ADVERTISING 129.95 FOUNDATION WATERPROOFING 442359 18-Nov-2020 CONTRACT SERVICES 5,198.00 FOUR ACES TRAFFIC CONTROL SERVICES INC.441655 21-Oct-2020 CONTRACT SERVICES 5,333.61 FOX GROUP TECHNOLOGY 442050 04-Nov-2020 SERVICES 1,386.14 FOY,JAMES JOHN 442360 18-Nov-2020 REFUND 500.00 FRANK COWAN COMPANY LIMITED 442194 11-Nov-2020 MATERIALS 27,129.04 FRANZE,FRANK 441863 28-Oct-2020 TRAVEL/MILEAGE 41.04 G. O'CONNOR CONSULTANTS INC 441662 21-Oct-2020 MATERIALS 1,717.60 G.H. RESTORATION 442363 18-Nov-2020 REFUND 500.00 GALES GAS BARS LIMITED 00316-0021 23-Nov-2020 FUEL 931.30 GALES GAS BARS LIMITED 441657 21-Oct-2020 MATERIALS 856.69 GALES GAS BARS LIMITED 441864 28-Oct-2020 MATERIALS 23,602.55 GALLERY WORKS NIAGARA INC 442361 18-Nov-2020 MATERIALS 452.00 GAONA,JOHANNA 442195 11-Nov-2020 REFUND 161.47 GARALEJIC,SONJA 442196 11-Nov-2020 REFUND 141.85 Page 354 of 551 Page 8 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount GARNETT,JEFF 441865 28-Oct-2020 MATERIALS 172.88 GAUBOC CONSTRUCTION LIMITED 442362 18-Nov-2020 CONTRACT SERVICES 57,112.18 GAUTHIER,JOSEPH 442197 11-Nov-2020 REFUND 200.21 GENTILCORE,NICHOLAS 442198 11-Nov-2020 REFUND 149.78 GERRIE ELECTRIC WHOLESALE LTD 441467 14-Oct-2020 STORES/INVENTORY 217.92 GERRIE ELECTRIC WHOLESALE LTD 441866 28-Oct-2020 STORES/INVENTORY 407.30 GERRIE ELECTRIC WHOLESALE LTD 442051 04-Nov-2020 STORES/INVENTORY 141.57 GERRIE ELECTRIC WHOLESALE LTD 442199 11-Nov-2020 STORES/INVENTORY 191.79 GIANNIOTIS,PENNY 441867 28-Oct-2020 REFUND 154.35 GIANT SHOE CREATIVE AGENCY LTD.442052 04-Nov-2020 MATERIALS 565.00 GIBSON,PATRICIA 441658 21-Oct-2020 REFUND 230.79 GICANTE,VITO& GICANTE, ROXANNE 441659 21-Oct-2020 REFUND 750.00 GIURA PAINT & WALLPAPER LTD 441660 21-Oct-2020 MATERIALS 50.03 GM BLUEPLAN ENGINEERING LIMITED 441469 14-Oct-2020 MATERIALS 12,291.58 GM BLUEPLAN ENGINEERING LIMITED 441661 21-Oct-2020 MATERIALS 4,849.02 GM BLUEPLAN ENGINEERING LIMITED 00314-0021 09-Nov-2020 MATERIALS 33,854.80 GM BLUEPLAN ENGINEERING LIMITED 00315-0024 16-Nov-2020 MATERIALS 15,673.10 GM BLUEPLAN ENGINEERING LIMITED 00316-0022 23-Nov-2020 MATERIALS 19,498.15 GNI MANAGEMENT GROUP INC. O/A GREAT NORTHERN INSULATION CONTRACTING LTD.441470 14-Oct-2020 MATERIALS 16,215.50 GOOD,JEREMY BRADLEY 442200 11-Nov-2020 REFUND 125.52 GOOD,MAUREEN 442053 04-Nov-2020 REFUND 500.00 GP EMPIRE COMMUNITES (NIAGARA) LTD 442054 04-Nov-2020 REFUND 4,000.00 GP EMPIRE COMMUNITES (NIAGARA) LTD 442364 18-Nov-2020 REFUND 41,000.00 GRAVES & RICHARD PROFESSIONAL CORP 441471 14-Oct-2020 REFUND 1,250.00 GRAYBAR CANADA 441663 21-Oct-2020 MATERIALS 1,192.00 GRAYLEY,CATHY-LYNN 442365 18-Nov-2020 REFUND 500.00 GREAT LAKES FIRE SERVICES LTD.441664 21-Oct-2020 CONTRACT SERVICES 525.45 GROWTH SOCIAL HOUSE INC,442366 18-Nov-2020 REFUND 2,500.00 GT FRENCH 441665 21-Oct-2020 MATERIALS 750.35 GUGLIOTTA,JOSEPH 441666 21-Oct-2020 REFUND 149.31 GUILD ELECTRIC LIMITED 441472 14-Oct-2020 CONTRACT SERVICES 96,281.18 GUILD ELECTRIC LIMITED 441868 28-Oct-2020 CONTRACT SERVICES 1,532.65 GUILD ELECTRIC LIMITED 441869 28-Oct-2020 CONTRACT SERVICES 33,226.66 GUILD ELECTRIC LIMITED 00316-0023 23-Nov-2020 CONTRACT SERVICES 4,549.99 GULLA,JOETTE DYAN 442367 18-Nov-2020 REFUND 135.60 HACH SALES & SERVICE CANADA LP 441473 14-Oct-2020 MATERIALS 3,026.76 HALAGIAN,KATELYN 441870 28-Oct-2020 MATERIALS 144.06 HALLEX ENGINEERING LTD 442201 11-Nov-2020 MATERIALS 20,807.45 HALUSZKA,JERZY& HALUSZKA, LIDIA 442368 18-Nov-2020 REFUND 21.67 HALUSZKA,LIDIA 442369 18-Nov-2020 REFUND 500.00 HARRIS TIME INC 442055 04-Nov-2020 CONTRACT SERVICES 355.95 HARTMANN,DAVID 441871 28-Oct-2020 REFUND 134.43 HAULUSZKA,JERZY 442056 04-Nov-2020 REFUND 500.00 HDS CANADA INC 441667 21-Oct-2020 MATERIALS 80.27 HDS CANADA INC 441872 28-Oct-2020 MATERIALS 263.59 HDS CANADA INC 442202 11-Nov-2020 MATERIALS 108.95 HEINRICH,BARBARA 442370 18-Nov-2020 REFUND 209.91 HENDERSON RECREATION EQUIPMENT LIMITED 441474 14-Oct-2020 MATERIALS 283.63 HENDERSON,JASON 442203 11-Nov-2020 MATERIALS 904.00 HENRY SCHEIN CANADA INC.441475 14-Oct-2020 MATERIALS 21.01 HINES,SHIRLEY ANNE 441668 21-Oct-2020 REFUND 538.03 HORTH,DANIEL 442371 18-Nov-2020 REFUND 515.26 HUANG,LI 441873 28-Oct-2020 MATERIALS 62.05 HUANG,LI 442204 11-Nov-2020 TRAVEL/MILEAGE 93.96 HUNTER,JAMES 441874 28-Oct-2020 MATERIALS 175.00 HYNES,DONNA 442205 11-Nov-2020 REFUND 140.00 IBI GROUP PROFESSIONAL SERVICES (CANADA) INC 441476 14-Oct-2020 MATERIALS 7,547.42 IBI GROUP PROFESSIONAL SERVICES (CANADA) INC.00315-0025 16-Nov-2020 MATERIALS 4,964.28 IBI GROUP PROFESSIONAL SERVICES (CANADA) INC.00316-0024 23-Nov-2020 MATERIALS 4,811.82 IDEAL PLUMBING 441477 14-Oct-2020 REFUND 750.00 INCIRQUE 442206 11-Nov-2020 MATERIALS 1,214.75 INCIRQUE 442372 18-Nov-2020 MATERIALS 282.50 INFOR (CANADA) LTD 441478 14-Oct-2020 CONTRACT SERVICES 3,715.04 INFOR (CANADA) LTD 442207 11-Nov-2020 CONTRACT SERVICES 1,084.80 INLAND LIFERAFTS & MARINE 441670 21-Oct-2020 MATERIALS 654.78 INNOTEX INC.442373 18-Nov-2020 MATERIALS 2,421.22 INNOVATIVE GATE SYSTEMS INC 442208 11-Nov-2020 CONTRACT SERVICES 395.50 INNOVATIVE SURFACE SOLUTIONS CANADA 442374 18-Nov-2020 MATERIALS 5,464.16 INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS 441479 14-Oct-2020 CONTRACT SERVICES 121.31 Page 355 of 551 Page 9 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount INVESTIGATIVE SOLUTIONS NETWORK INC.442057 04-Nov-2020 CONTRACT SERVICES 3,390.00 J J MACKAY CANADA LTD 441878 28-Oct-2020 MATERIALS 23.37 J K JOUPPIEN HERITAGE RESOURCE CONSULTANT 441483 14-Oct-2020 MATERIALS 1,412.50 J.D. BARNES LIMITED 442058 04-Nov-2020 CONTRACT SERVICES 7,119.00 J.D. LOUIS INC 442376 18-Nov-2020 MATERIALS 336.74 JACK DOW AUTO SUPPLIES LIMITED 441671 21-Oct-2020 MATERIALS 595.37 JACK DOW AUTO SUPPLIES LIMITED 441876 28-Oct-2020 MATERIALS 115.43 JACK DOW AUTO SUPPLIES LIMITED 00314-0022 09-Nov-2020 MATERIALS 986.50 JACK DOW AUTO SUPPLIES LIMITED 00315-0026 16-Nov-2020 MATERIALS 124.19 JACK DOW AUTO SUPPLIES LIMITED 00316-0025 23-Nov-2020 MATERIALS 606.23 JACK DOW AUTO SUPPLIES LIMITED 441480 14-Oct-2020 STORES/INVENTORY 139.09 JACK,AMBER 441875 28-Oct-2020 REFUND 12.09 JACKSON,JOHN CHARLES 442375 18-Nov-2020 MATERIALS 100.00 JALUVKA,TATJANA 442209 11-Nov-2020 TRAVEL/MILEAGE 39.96 JANSSEN,KYLE 441672 21-Oct-2020 MATERIALS 61.24 JAREB,MARINKO 441481 14-Oct-2020 MATERIALS 200.00 JBM OFFICE SYSTEMS LTD 441877 28-Oct-2020 MATERIALS 161.36 JEFFRAY,TRAVIS 442059 04-Nov-2020 MATERIALS 200.00 JENKINS,JOHN& JENKINS, VANESSA 441673 21-Oct-2020 REFUND 750.00 JOE JOHNSON EQUIPMENT 441879 28-Oct-2020 LEASES AND RENTS 12,712.50 JOHNNY RAG 441484 14-Oct-2020 MATERIALS 498.47 JOHNS,MIKE 442210 11-Nov-2020 MATERIALS 1,412.50 JOJACKS CONCRETE RAISING (NIAGARA)441485 14-Oct-2020 CONTRACT SERVICES 24,961.70 K9 DESIGN CO INC.441674 21-Oct-2020 CONTRACT SERVICES 5,650.00 KARES,TIM 441880 28-Oct-2020 REFUND 214.21 KATES,CHARLOTTE 441881 28-Oct-2020 MATERIALS 50.00 KAUR,DALJEET 442211 11-Nov-2020 REFUND 193.25 KEEFER MANAGEMENT INC 441882 28-Oct-2020 LEASES AND RENTS 5,340.04 KEIGHAN,SEAN 442378 18-Nov-2020 REFUND 107.69 KEKIC,VIOLET 442379 18-Nov-2020 REFUND 2,500.00 KELLY DIGS LANDSCAPING 441486 14-Oct-2020 CONTRACT SERVICES 14,672.44 KELLY DIGS LANDSCAPING 441884 28-Oct-2020 CONTRACT SERVICES 26,263.82 KELLY DIGS LANDSCAPING 442380 18-Nov-2020 CONTRACT SERVICES 14,672.44 KELLY,BENJAMIN 441883 28-Oct-2020 MATERIALS 31.24 KEMP,KORY 441885 28-Oct-2020 REFUND 40.69 KENWORTH TRUCK CENTRES 441487 14-Oct-2020 STORES/INVENTORY 2,216.89 KENWORTH TRUCK CENTRES 00313-0017 02-Nov-2020 STORES/INVENTORY 493.20 KENWORTH TRUCK CENTRES 00314-0023 09-Nov-2020 STORES/INVENTORY 495.74 KENWORTH TRUCK CENTRES 00315-0027 16-Nov-2020 STORES/INVENTORY 100.15 KERRY T HOWE ENGINEERING LTD 441886 28-Oct-2020 MATERIALS 16,443.45 KHAN,NABIL& TEHSEEN, RAHEELA 441675 21-Oct-2020 REFUND 364.02 KHAN,USMAN& KHAN, MISBAH 441887 28-Oct-2020 REFUND 119.10 KIDDLE,KEVIN 441888 28-Oct-2020 MATERIALS 50.00 KIRAGA,JOZEF 442381 18-Nov-2020 REFUND 17.42 KORANY,DR YASSAER 442382 18-Nov-2020 REFUND 500.00 KROWN 441488 14-Oct-2020 STORES/INVENTORY 549.18 KRUTUL,DAVID& SCARFONE, CHRISTINA 442383 18-Nov-2020 REFUND 10.56 KUBIESEWSKY,BRYAN 442212 11-Nov-2020 REFUND 204.74 KUHN,WENDY LOUISE 441676 21-Oct-2020 REFUND 200.00 L.J. BARTON MECHANICAL INC 441494 14-Oct-2020 REFUND 1,250.00 LA PLACA,CARL 441890 28-Oct-2020 REFUND 206.52 LAIR,MARILY 442060 04-Nov-2020 REFUND 258.44 LALONDE,SHELAGH& LALONDE, ROBERT 441677 21-Oct-2020 REFUND 200.00 LAMB,CHRISTINE A.441678 21-Oct-2020 REFUND 750.00 LANDTEK LIMITED 441679 21-Oct-2020 MATERIALS 5,446.60 LANGLOIS,JENNIFER 441889 28-Oct-2020 MATERIALS 175.00 LANGLOIS,PAUL 442061 04-Nov-2020 MATERIALS 175.00 LAPENNA 471791 ONTARIO INC.442062 04-Nov-2020 REFUND 12,970.00 LAPENNA 471791 ONTARIO INC.442213 11-Nov-2020 REFUND 11,071.00 LAPENNA,FRANK 442214 11-Nov-2020 MATERIALS 12,423.00 LAPENNA,JOHNNY& LAPENNA, JOCELYNE 442384 18-Nov-2020 REFUND 750.00 LAROCQUE GROUP 441891 28-Oct-2020 MATERIALS 1,810.45 LARSON-JUHL 441680 21-Oct-2020 MATERIALS 93.46 LASAUCE,ROGER& LASAUCE, LORAINE 442063 04-Nov-2020 REFUND 460.09 LATAM,GRANT 441892 28-Oct-2020 MATERIALS 50.00 LAURENTIAN ATHLETICS 441489 14-Oct-2020 MATERIALS 2,774.15 LAVEY,MICHELLE& LAVEY, DAVID 442385 18-Nov-2020 REFUND 750.00 LAW CRUSHED STONE 442064 04-Nov-2020 MATERIALS 2,946.35 LAWNS AND MORE INC.441681 21-Oct-2020 CONTRACT SERVICES 42,376.59 Page 356 of 551 Page 10 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount LAWSON PRODUCTS 441490 14-Oct-2020 MATERIALS 2,060.28 LAWSON PRODUCTS 441682 21-Oct-2020 MATERIALS 2,436.68 LAWSON PRODUCTS 00313-0018 02-Nov-2020 MATERIALS 398.77 LAWSON PRODUCTS 00314-0024 09-Nov-2020 MATERIALS 543.62 LAWSON PRODUCTS 00315-0028 16-Nov-2020 MATERIALS 1,020.02 LAWSON PRODUCTS 00316-0026 23-Nov-2020 MATERIALS 1,030.61 LEANON CONSTRUCTION 441491 14-Oct-2020 REFUND 500.00 LEARMANN,KEVIN 442215 11-Nov-2020 REFUND 134.25 LEBLANC,MARCEL GERALD 442216 11-Nov-2020 REFUND 37.24 LECH,COURTNEY 442217 11-Nov-2020 REFUND 47.87 LEXISNEXIS CANADA INC 442386 18-Nov-2020 MATERIALS 130.99 LH (NIAGARA) LTD 441893 28-Oct-2020 REFUND 89.30 LH (NIAGARA) LTD 442065 04-Nov-2020 REFUND 9,000.00 LH (NIAGARA) LTD 442387 18-Nov-2020 REFUND 1,000.00 LHW ENGINEERING LTD.441492 14-Oct-2020 REFUND 1,250.00 LIFESAVING SOCIETY 441683 21-Oct-2020 MATERIALS 335.00 LINCOLN & WELLAND REGIMENT ASSOCIATION BAND 442218 11-Nov-2020 MATERIALS 900.00 LINCOLN APPLIANCE SERVICE CENTRE 441684 21-Oct-2020 CONTRACT SERVICES 276.85 LINCOLN APPLIANCE SERVICE CENTRE 441894 28-Oct-2020 CONTRACT SERVICES 238.43 LIU,YU 442219 11-Nov-2020 REFUND 1,523.00 LJ BARTON MECHANICAL INC 442220 11-Nov-2020 CONTRACT SERVICES 8,186.85 LOCOCO,LORI 441895 28-Oct-2020 SERVICES 122.12 LODBOA,CHRIS 441495 14-Oct-2020 MATERIALS 70.00 LOMBARDI,MICHAEL 441896 28-Oct-2020 MATERIALS 25.00 LOO,VIRGINIA 442221 11-Nov-2020 REFUND 221.90 LUEY,CATHERINE 442067 04-Nov-2020 REFUND 862.00 LULLA,PAWAN 442068 04-Nov-2020 REFUND 1,250.00 M&L SUPPLY FIRE AND SAFETY 442230 11-Nov-2020 MATERIALS 280.95 M&L SUPPLY FIRE AND SAFETY 442394 18-Nov-2020 MATERIALS 288.79 MACISAAC,RODDY& MACISAAC, KIMIKO 441897 28-Oct-2020 REFUND 1,889.56 MACKENZIE,RON 442069 04-Nov-2020 MATERIALS 95.00 MACNEILL,CONOR 442222 11-Nov-2020 MATERIALS 199.50 MADAANS LLP,442388 18-Nov-2020 REFUND 2,074.03 MAIR,ANDREW& MAIR, RIMA 442070 04-Nov-2020 REFUND 744.37 MALLALEY,KEVIN 442071 04-Nov-2020 MATERIALS 169.49 MANCUSO CHEMICALS LIMITED 441496 14-Oct-2020 MATERIALS 1,111.20 MANCUSO CHEMICALS LIMITED 441685 21-Oct-2020 MATERIALS 312.29 MANCUSO CHEMICALS LIMITED 441898 28-Oct-2020 MATERIALS 340.29 MANCUSO CHEMICALS LIMITED 00314-0025 09-Nov-2020 MATERIALS 277.17 MANCUSO CHEMICALS LIMITED 00315-0030 16-Nov-2020 MATERIALS 634.26 MANCUSO CHEMICALS LIMITED 00316-0028 23-Nov-2020 MATERIALS 325.10 MANNELLA,MARA 442072 04-Nov-2020 REFUND 750.00 MARK'S L'EQUIPEUR 441687 21-Oct-2020 MATERIALS 4,326.88 MARKS SUPPLY INC 441498 14-Oct-2020 MATERIALS 727.16 MARKS SUPPLY INC 441688 21-Oct-2020 MATERIALS 161.80 MARKS SUPPLY INC 441899 28-Oct-2020 MATERIALS 325.20 MARKS SUPPLY INC 442073 04-Nov-2020 MATERIALS 2,655.24 MARKS SUPPLY INC 442223 11-Nov-2020 MATERIALS 1,093.65 MARTIN,CHRISTOPHER 441499 14-Oct-2020 MATERIALS 175.00 MARTIN,ELIZABETH RAE 441686 21-Oct-2020 REFUND 225.05 MARTIN,JENNIFER LYNN 442224 11-Nov-2020 REFUND 70.68 MASSI,STEVE 442225 11-Nov-2020 MATERIALS 200.00 MATEO,ROMEL& MATEO, FLORA 441689 21-Oct-2020 REFUND 364.59 MAXILL INC 442074 04-Nov-2020 MATERIALS 335.61 MAXWELL PAPER CANADA INC 442122 04-Nov-2020 MATERIALS 71.61 MCCARTHY UNIFORMS 442389 18-Nov-2020 MATERIALS 118.65 MCEACHERN,CHRISTOPHER 441900 28-Oct-2020 REFUND 388.84 MCGEE MARKING DEVICES 441690 21-Oct-2020 MATERIALS 1,018.34 MCGEE MARKING DEVICES 441901 28-Oct-2020 MATERIALS 1,605.94 MCGEE MARKING DEVICES 442075 04-Nov-2020 MATERIALS 39.55 MCINTYRE,JASON 442226 11-Nov-2020 REFUND 116.50 MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 441691 21-Oct-2020 CONTRACT SERVICES 495.62 MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 442390 18-Nov-2020 CONTRACT SERVICES 3,344.53 MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 441500 14-Oct-2020 MATERIALS 3,579.06 MCMASTER CHILDREN'S HOSPITAL CHILD LIFE FUND 441501 14-Oct-2020 MATERIALS 205.33 MERAKI DEVELOPMENTS (NIAGARA)441692 21-Oct-2020 REFUND 2,500.00 METAL SUPERMARKETS 441693 21-Oct-2020 MATERIALS 1,568.39 METRO FREIGHTLINER HAMILTON 441502 14-Oct-2020 STORES/INVENTORY 347.06 METRO FREIGHTLINER HAMILTON 442391 18-Nov-2020 STORES/INVENTORY 9,449.62 Page 357 of 551 Page 11 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount METRO PLUMBING & HEATING 441903 28-Oct-2020 CONTRACT SERVICES 4,068.00 METRO TRUCK NIAGARA 441695 21-Oct-2020 STORES/INVENTORY 85.17 METROLAND MEDIA GROUP 441694 21-Oct-2020 ADVERTISING 530.55 METROLAND MEDIA GROUP 441902 28-Oct-2020 ADVERTISING 932.25 METROLAND MEDIA GROUP 442076 04-Nov-2020 ADVERTISING 691.56 METROLAND MEDIA GROUP 442227 11-Nov-2020 ADVERTISING 403.41 METROLAND MEDIA GROUP 442392 18-Nov-2020 ADVERTISING 403.41 MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD 442228 11-Nov-2020 MATERIALS 1,880.32 MILLER RESTORATION DKI 441503 14-Oct-2020 CONTRACT SERVICES 414.05 MINISTER OF FINANCE 442123 04-Nov-2020 PAYROLL REMITTANCE 119,894.19 MINISTER OF FINANCE 442124 04-Nov-2020 PAYROLL REMITTANCE 5,813.35 MINISTER OF FINANCE 441904 28-Oct-2020 TRAINING 1,235.00 MINISTRY OF ATTORNEY GENERAL 00311-0004 19-Oct-2020 PAYROLL REMITTANCE 3,297.26 MINISTRY OF ATTORNEY GENERAL 00313-0019 02-Nov-2020 PAYROLL REMITTANCE 3,297.26 MINISTRY OF ATTORNEY GENERAL 00315-0031 16-Nov-2020 PAYROLL REMITTANCE 3,297.26 MINSHULL,NANCY 441504 14-Oct-2020 REFUND 1,299.69 MIRABELLI,SAM 441905 28-Oct-2020 MATERIALS 172.88 MIRABELLI,SAM 442393 18-Nov-2020 MATERIALS 309.21 MIRANDA,RAYMOND 442229 11-Nov-2020 REFUND 141.47 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 441505 14-Oct-2020 STORES/INVENTORY 625.91 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00313-0020 02-Nov-2020 STORES/INVENTORY 59.18 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00315-0032 16-Nov-2020 STORES/INVENTORY 1,594.09 MOASE,SUZANNE 441696 21-Oct-2020 REFUND 149.72 MOBILE SMART CITY CORP USDRAFT 23-Oct-2020 MATERIALS 4,455.00 MOBILE SMART CITY CORP USDRAFT 13-Nov-2020 MATERIALS 4,455.00 MODERN LANDFILL INC 441697 21-Oct-2020 CONTRACT SERVICES 2,148.92 MODERN LANDFILL INC 441906 28-Oct-2020 CONTRACT SERVICES 3,238.44 MODERN LANDFILL INC 442077 04-Nov-2020 CONTRACT SERVICES 136.19 MODERN LANDFILL INC 442395 18-Nov-2020 CONTRACT SERVICES 323.18 MODU-LOC FENCE RENTALS 441698 21-Oct-2020 MATERIALS 359.34 MOHAWK MFG & SUPPLY CO 441506 14-Oct-2020 STORES/INVENTORY 2,258.51 MOHAWK MFG & SUPPLY CO 441699 21-Oct-2020 STORES/INVENTORY 4,066.14 MOHAWK MFG & SUPPLY CO 441907 28-Oct-2020 STORES/INVENTORY 1,645.37 MOHAWK MFG & SUPPLY CO 442231 11-Nov-2020 STORES/INVENTORY 180.26 MOHAWK MFG & SUPPLY CO 442396 18-Nov-2020 STORES/INVENTORY 1,495.38 MOLLICA,OLIVIA 441507 14-Oct-2020 REFUND 14,470.48 MONTANA,CHUCK 441908 28-Oct-2020 TRAVEL/MILEAGE 64.80 MONTANA,CHUCK 442078 04-Nov-2020 TRAVEL/MILEAGE 75.60 MONTEITH BROWN PLANNING CONSULTANTS 442079 04-Nov-2020 MATERIALS 17,192.26 MOORE,GEORGE 441909 28-Oct-2020 MATERIALS 31.24 MORANDIN,RICHARD& MORANDIN, ERNESTINE 442397 18-Nov-2020 REFUND 61.02 MORNEAU SHEPELL LTD 441508 14-Oct-2020 MATERIALS 2,726.46 MORNEAU SHEPELL LTD 441910 28-Oct-2020 MATERIALS 2,726.46 MOROCCO,PAUL 441700 21-Oct-2020 REFUND 506.17 MOUNSEY,RYAN 442398 18-Nov-2020 MATERIALS 1,640.00 MOUNTAINVIEW HOMES (NIAGARA) LTD 442232 11-Nov-2020 REFUND 10,450.38 MOZO,ERICSON& MOZO, MARIA 442399 18-Nov-2020 REFUND 1,610.22 MTE PARALEGAL PROFESSIONAL CORPORATION 441911 28-Oct-2020 CONTRACT SERVICES 8,174.11 MULLER'S WORKWEAR 442233 11-Nov-2020 MATERIALS 377.91 MULRONEY,KIMBERLY& DOUGLAS, RICHARD 442400 18-Nov-2020 REFUND 1,751.91 MURACO,JOSEPH& MURACO, ISABELLE 441702 21-Oct-2020 REFUND 1,980.85 MURDOCK,SARA 441701 21-Oct-2020 REFUND 130.00 MURRAY,ROBERT 442401 18-Nov-2020 REFUND 750.00 MUSCAT,LOUIS 441912 28-Oct-2020 REFUND 220.52 NADEAU,SUSAN 441703 21-Oct-2020 REFUND 826.45 NATALE,ROBERT& NATALE, VIRGINIA 441509 14-Oct-2020 REFUND 750.00 NATIONAL TRAFFIC SAFETY MANAGEMENT INC 441704 21-Oct-2020 CONTRACT SERVICES 6,689.49 NATIONAL TRAFFIC SAFETY MANAGEMENT INC 441913 28-Oct-2020 MATERIALS 678.00 NEDERMAN CANADA LIMITED 442234 11-Nov-2020 CONTRACT SERVICES 1,361.25 NELLA CUTLERY (HAMILTON) INC.441705 21-Oct-2020 CONTRACT SERVICES 169.50 NELLA CUTLERY (HAMILTON) INC.441914 28-Oct-2020 CONTRACT SERVICES 192.10 NELLA CUTLERY (HAMILTON) INC.00316-0029 23-Nov-2020 CONTRACT SERVICES 124.30 NEPTUNE TECHNOLOGY GROUP CANADA CO.00312-0006 26-Oct-2020 MATERIALS 1,647,171.62 NEPTUNE TECHNOLOGY GROUP CANADA CO.00316-0030 23-Nov-2020 MATERIALS 1,433,363.19 NGC US LLC 441915 28-Oct-2020 MATERIALS 16,139.49 NIAGARA ANALYTICAL LABORATORIES INC 441706 21-Oct-2020 CONTRACT SERVICES 671.22 NIAGARA ANALYTICAL LABORATORIES INC 00315-0033 16-Nov-2020 CONTRACT SERVICES 1,626.07 NIAGARA BATTERY & TIRE 441916 28-Oct-2020 CONTRACT SERVICES 2,558.03 NIAGARA BATTERY & TIRE 442081 04-Nov-2020 CONTRACT SERVICES 605.11 Page 358 of 551 Page 12 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount NIAGARA BATTERY & TIRE 441707 21-Oct-2020 MATERIALS 899.48 NIAGARA BATTERY & TIRE 442402 18-Nov-2020 MATERIALS 875.78 NIAGARA BLOCK INCORPORATED 441708 21-Oct-2020 MATERIALS 1,353.97 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00316-0031 23-Nov-2020 REMITTANCE 552.85 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD (EDC)442235 11-Nov-2020 REMITTANCE 22,876.00 NIAGARA CHRYSLER DODGE JEEP 441709 21-Oct-2020 MATERIALS 50.39 NIAGARA CHRYSLER DODGE JEEP 442403 18-Nov-2020 MATERIALS 235.04 NIAGARA FALLS ART GALLERY 441917 28-Oct-2020 FEE FOR SERVICE 2,333.34 NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00311-0005 19-Oct-2020 REMITTANCE 226,734.37 NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00315-0034 16-Nov-2020 REMITTANCE 209,889.12 NIAGARA FALLS HORTICULTURAL SOCIETY 442236 11-Nov-2020 MATERIALS 648.00 NIAGARA FALLS HUMANE SOCIETY 441918 28-Oct-2020 FEE FOR SERVICE 43,916.66 NIAGARA FALLS HUMANE SOCIETY 00315-0035 16-Nov-2020 MATERIALS 80.00 NIAGARA FALLS HUMANE SOCIETY 441710 21-Oct-2020 REFUND 593.88 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00311-0006 19-Oct-2020 REMITTANCE 18,802.99 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00313-0021 02-Nov-2020 REMITTANCE 10,457.73 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00315-0036 16-Nov-2020 REMITTANCE 10,377.90 NIAGARA FALLS REVIEW 442238 11-Nov-2020 REFUND 223.06 NIAGARA FIRE 441510 14-Oct-2020 CONTRACT SERVICES 1,059.38 NIAGARA FIRE 442404 18-Nov-2020 CONTRACT SERVICES 113.00 NIAGARA GLASS LTD 442405 18-Nov-2020 CONTRACT SERVICES 45,178.25 NIAGARA METER SERVICES INC.441712 21-Oct-2020 CONTRACT SERVICES 5,157.49 NIAGARA METER SERVICES INC.442082 04-Nov-2020 CONTRACT SERVICES 6,863.45 NIAGARA METER SERVICES INC.442406 18-Nov-2020 CONTRACT SERVICES 4,441.92 NIAGARA ON THE LAKE HYDRO INC 441713 21-Oct-2020 UTILITIES 113.79 NIAGARA PENINSULA AMATEUR RADIO CLUB 442408 18-Nov-2020 MATERIALS 200.00 NIAGARA PENINSULA ENERGY INC 442083 04-Nov-2020 CONTRACT SERVICES 869.09 NIAGARA PENINSULA ENERGY INC 441511 14-Oct-2020 UTILITIES 2,836.23 NIAGARA PENINSULA ENERGY INC 441714 21-Oct-2020 UTILITIES 759.34 NIAGARA PENINSULA ENERGY INC 441919 28-Oct-2020 UTILITIES 216,409.35 NIAGARA PENINSULA ENERGY INC 442237 11-Nov-2020 UTILITIES 187.54 NIAGARA PENINSULA ENERGY INC 442407 18-Nov-2020 UTILITIES 47.30 NIAGARA PINES DEVELOPMENTS LTD 441715 21-Oct-2020 REFUND 500.00 NIAGARA PINES DEVELOPMENTS LTD 00314-0026 09-Nov-2020 REFUND 750.00 NIAGARA PINES DEVELOPMENTS LTD 00316-0032 23-Nov-2020 REFUND 1,020.70 NIAGARA PROTECTIVE COATINGS 442409 18-Nov-2020 CONTRACT SERVICES 27,062.37 NIAGARA REGIONAL BROADBAND NETWORK 441716 21-Oct-2020 SERVICES 33,097.32 NIAGARA REGIONAL HOUSING 442410 18-Nov-2020 REFUND 10,483.36 NIAGARA SPRING SERVICE LTD 441717 21-Oct-2020 CONTRACT SERVICES 3,549.86 NIAGARA STAR PAINTERS 442085 04-Nov-2020 MATERIALS 5,170.88 NIAGARA TRUCK N' STUFF INC 442411 18-Nov-2020 MATERIALS 998.83 NIAGARA WATER PARK PROPERTIES LTD.442412 18-Nov-2020 REMITTANCE 1,178,859.99 NICHOLS,TYLER 442086 04-Nov-2020 REFUND 500.00 NICK'S TRUCK PARTS INC.441718 21-Oct-2020 MATERIALS 89.15 NICK'S TRUCK PARTS INC.442087 04-Nov-2020 MATERIALS 12.42 NICK'S TRUCK PARTS INC.00316-0033 23-Nov-2020 MATERIALS 27.53 NORJOHN CONTRACTING & PAVING LTD 441512 14-Oct-2020 CONTRACT SERVICES 62,896.55 NORTH AMERICAN TRANSIT SUPPLY CORPORATION 442088 04-Nov-2020 STORES/INVENTORY 131.03 NORTHLAND DISTRIBUTION LTD.441513 14-Oct-2020 MATERIALS 1,624.37 NORTHLAND DISTRIBUTION LTD.00314-0027 09-Nov-2020 MATERIALS 192.10 NOVAQUIP LIFTING SYSTEMS INC.442413 18-Nov-2020 CONTRACT SERVICES 1,525.50 NRU PUBLISHING INC 441514 14-Oct-2020 MATERIALS 462.17 OIL FILTRATION SPECIALISTS INC 441719 21-Oct-2020 STORES/INVENTORY 1,545.84 OLD ST JOHN'S STAMFORD HERITAGE 442414 18-Nov-2020 REMITTANCE 5,000.00 OMERS 00312-0007 26-Oct-2020 PAYROLL REMITTANCE 747,626.32 OMERS 00312-0008 26-Oct-2020 PAYROLL REMITTANCE 34,291.34 ONTARIO BUILDING OFFICIALS ASSOCIATION 441921 28-Oct-2020 ADVERTISING 325.26 ONTARIO BUILDING OFFICIALS ASSOCIATION 441920 28-Oct-2020 MEMBERSHIP 169.50 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 441515 14-Oct-2020 CONTRACT SERVICES 610.20 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 00314-0028 09-Nov-2020 CONTRACT SERVICES 513.02 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 00316-0034 23-Nov-2020 MATERIALS 3,672.50 ONTARIO ONE CALL 441720 21-Oct-2020 CONTRACT SERVICES 1,157.85 ONTARIO POWER GENERATION INC 00314-0029 09-Nov-2020 REMITTANCE 936.56 ORKIN CANADA CORPORATION 441516 14-Oct-2020 CONTRACT SERVICES 178.54 ORKIN CANADA CORPORATION 00315-0037 16-Nov-2020 CONTRACT SERVICES 178.54 OVERBEEKE,KEN 442415 18-Nov-2020 REFUND 500.00 OVERLAND CUSTOM COACH (2007) INC.441517 14-Oct-2020 MATERIALS 897.19 OVERLAND CUSTOM COACH (2007) INC.00315-0038 16-Nov-2020 MATERIALS 251,210.26 PANCZUK,ANGELA 442089 04-Nov-2020 MATERIALS 55.00 Page 359 of 551 Page 13 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount PANCZUK,ANGELA 441922 28-Oct-2020 REFUND 28.00 PANUCCI,FRANCES& PANUCCI, MICHELE 442416 18-Nov-2020 REFUND 463.74 PATERSON,BRYAN 441923 28-Oct-2020 MATERIALS 100.00 PATTASSERIL,SONY JOHN& VARGHESE, SMITHA 442090 04-Nov-2020 REFUND 500.00 PC AUTO ELECTRIC 441721 21-Oct-2020 MATERIALS 825.01 PEC ROOF MAINTENANCE 442239 11-Nov-2020 CONTRACT SERVICES 487.20 PEMBERTON,BRAD 441924 28-Oct-2020 MATERIALS 200.00 PENINSULA AUTO RECYCLING INC 442417 18-Nov-2020 MATERIALS 339.00 PENINSULA HOSE & HYDRAULICS LTD.441518 14-Oct-2020 MATERIALS 950.00 PENINSULA HOSE & HYDRAULICS LTD.00312-0009 26-Oct-2020 MATERIALS 247.58 PENINSULA HOSE & HYDRAULICS LTD.00313-0022 02-Nov-2020 MATERIALS 177.55 PENINSULA PEST CONTROL LTD 442091 04-Nov-2020 CONTRACT SERVICES 2,683.75 PENNER BUILDING CENTRE 441520 14-Oct-2020 MATERIALS 2,027.59 PENNER BUILDING CENTRE 441722 21-Oct-2020 MATERIALS 787.06 PETERS EXCAVATING INC 441521 14-Oct-2020 CONTRACT SERVICES 15,330.78 PETERS EXCAVATING INC 00315-0039 16-Nov-2020 CONTRACT SERVICES 121,681.39 PGG MEDIA GROUP 441928 28-Oct-2020 MATERIALS 2,175.25 PHAM,SAMMY& NG, JARROD 442418 18-Nov-2020 REFUND 590.95 PINDERS SECURITY PRODUCTS 442092 04-Nov-2020 SERVICES 2,601.50 PINERIDGE TREE SERVICE LTD 00315-0040 16-Nov-2020 CONTRACT SERVICES 11,932.80 PINERIDGE TREE SERVICE LTD 441723 21-Oct-2020 MATERIALS 5,647.74 PIPEFLO CONTRACTING CORPORATION 441925 28-Oct-2020 CONTRACT SERVICES 8,757.50 PIPETEK INFRASTRUCTURE SERVICES INC 441724 21-Oct-2020 CONTRACT SERVICES 66,713.48 PIPETEK INFRASTRUCTURE SERVICES INC 441926 28-Oct-2020 CONTRACT SERVICES 56,503.54 PIPETEK INFRASTRUCTURE SERVICES INC 00315-0041 16-Nov-2020 CONTRACT SERVICES 39,221.95 PIPETEK INFRASTRUCTURE SERVICES INC 00316-0035 23-Nov-2020 MATERIALS 25,214.11 PK HUMMINGBIRD STEEL BAND 442241 11-Nov-2020 MATERIALS 700.00 PLASTRUCT POLYZONE 441725 21-Oct-2020 MATERIALS 4,136.93 PLATO,ALLISON 442242 11-Nov-2020 MATERIALS 200.00 PLAYTECK ENTERPRISES INC.441522 14-Oct-2020 CONTRACT SERVICES 6,481.68 POND,VERNON 442243 11-Nov-2020 REFUND 201.12 POSTMEDIA NETWORK INC 441927 28-Oct-2020 MATERIALS 379.68 POZZEBON,MARK 442244 11-Nov-2020 REFUND 177.02 PRAXAIR 441726 21-Oct-2020 CONTRACT SERVICES 263.76 PRAXAIR 441929 28-Oct-2020 MATERIALS 359.91 PRECISION CURB CUTTING LTD 441727 21-Oct-2020 CONTRACT SERVICES 2,550.69 PRECISION CURB CUTTING LTD 442245 11-Nov-2020 CONTRACT SERVICES 500.42 PREVOST 00315-0042 16-Nov-2020 MATERIALS 1,941.25 PREVOST 441523 14-Oct-2020 STORES/INVENTORY 1,558.11 PREVOST 441729 21-Oct-2020 STORES/INVENTORY 1,343.43 PREVOST 441930 28-Oct-2020 STORES/INVENTORY 2,274.23 PREVOST 00314-0030 09-Nov-2020 STORES/INVENTORY 2,163.02 PREVOST 00316-0036 23-Nov-2020 STORES/INVENTORY 2,319.21 PRINTING HOUSE LTD 441730 21-Oct-2020 MATERIALS 308.06 PRINTING HOUSE LTD 441931 28-Oct-2020 MATERIALS 698.88 PRINTING HOUSE LTD 442246 11-Nov-2020 MATERIALS 188.13 PRO BATTERY SHOPS 441524 14-Oct-2020 MATERIALS 4,150.62 PRO BATTERY SHOPS 00313-0023 02-Nov-2020 STORES/INVENTORY 805.13 PRO BATTERY SHOPS 00315-0043 16-Nov-2020 STORES/INVENTORY 2,400.41 PRO FAST 441932 28-Oct-2020 REFUND 111.76 PROJECT SHARE 441933 28-Oct-2020 FEE FOR SERVICE 24,866.66 PRO-SAFE FIRE TRAINING SYSTEMS INC 442419 18-Nov-2020 MATERIALS 5,520.91 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 441732 21-Oct-2020 CONTRACT SERVICES 87,153.32 PUROLATOR INC 441525 14-Oct-2020 COURIER 128.55 PUROLATOR INC 441733 21-Oct-2020 COURIER 86.75 PUROLATOR INC 441934 28-Oct-2020 COURIER 46.35 PUROLATOR INC 442094 04-Nov-2020 COURIER 493.62 PUROLATOR INC 442247 11-Nov-2020 COURIER 34.32 PUROLATOR INC 442420 18-Nov-2020 COURIER 533.83 PVM HYDRAULICS LTD.441526 14-Oct-2020 MATERIALS 495.57 PVM HYDRAULICS LTD.00316-0037 23-Nov-2020 MATERIALS 1,414.13 PYRAMID TRAFFIC INC 441527 14-Oct-2020 CONTRACT SERVICES 3,559.50 PYRAMID TRAFFIC INC 00314-0031 09-Nov-2020 CONTRACT SERVICES 4,350.50 QRX TECHNOLOGY GROUP/KERR NORTON 441935 28-Oct-2020 SERVICES 406.80 QRX TECHNOLOGY GROUP/KERR NORTON 442095 04-Nov-2020 SERVICES 456.18 QRX TECHNOLOGY GROUP/KERR NORTON 442248 11-Nov-2020 SERVICES 458.40 QUADIENT LEASING CANADA LTD 442096 04-Nov-2020 LEASES AND RENTS 661.05 QUARTEK GROUP INC 441936 28-Oct-2020 MATERIALS 1,093.84 QUYNH,THI 441937 28-Oct-2020 REFUND 136.38 Page 360 of 551 Page 14 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount R J SMITH EQUIPMENT INC 441534 14-Oct-2020 MATERIALS 1,525.50 R J SMITH EQUIPMENT INC 441942 28-Oct-2020 MATERIALS 2,338.54 R W HAMILTON LTD.441949 28-Oct-2020 MATERIALS 37.98 R. STASIAK ENGINEERING INC 441742 21-Oct-2020 MATERIALS 2,457.75 RACO AUTO SUPPLY LTD 441528 14-Oct-2020 STORES/INVENTORY 35.10 RACO AUTO SUPPLY LTD 441734 21-Oct-2020 STORES/INVENTORY 740.40 RACO AUTO SUPPLY LTD 441938 28-Oct-2020 STORES/INVENTORY 1,100.38 RACO AUTO SUPPLY LTD 442097 04-Nov-2020 STORES/INVENTORY 454.42 RACO AUTO SUPPLY LTD 442249 11-Nov-2020 STORES/INVENTORY 223.06 RACO AUTO SUPPLY LTD 442421 18-Nov-2020 STORES/INVENTORY 2,699.48 RAMOS,MELVIN& RAMOS, SONIA 442422 18-Nov-2020 REFUND 2,284.61 RAMSAY,TINA 442250 11-Nov-2020 REFUND 83.18 RANKIN CONSTRUCTION INC 441939 28-Oct-2020 CONTRACT SERVICES 453,446.31 RAVENSHEAD HOMES INC 441529 14-Oct-2020 REFUND 500.00 RBC INSURANCE 00313-0024 02-Nov-2020 REMITTANCE 2,004.22 READ,KYLA NICOLE 441735 21-Oct-2020 REFUND 261.33 RECEIVER GENERAL 441530 14-Oct-2020 REMITTANCE 514,210.45 RECEIVER GENERAL 441940 28-Oct-2020 REMITTANCE 521,847.56 RECEIVER GENERAL 442251 11-Nov-2020 REMITTANCE 481,658.32 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.441736 21-Oct-2020 CONTRACT SERVICES 563.29 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.441531 14-Oct-2020 MATERIALS 2,254.98 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.441941 28-Oct-2020 MATERIALS 128.03 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.00316-0038 23-Nov-2020 MATERIALS 68.88 REFRIGERATION ENERGY SOLUTIONS LTD 441532 14-Oct-2020 CONTRACT SERVICES 13,518.29 REFRIGERATION ENERGY SOLUTIONS LTD 00314-0032 09-Nov-2020 CONTRACT SERVICES 4,991.17 REFRIGERATION ENERGY SOLUTIONS LTD 00315-0044 16-Nov-2020 CONTRACT SERVICES 4,991.44 REFRIGERATION ENERGY SOLUTIONS LTD 00316-0039 23-Nov-2020 CONTRACT SERVICES 9,170.23 REGIONAL MUNICIPALITY OF NIAGARA 00312-0010 26-Oct-2020 CONTRACT SERVICES 80,417.80 REGIONAL MUNICIPALITY OF NIAGARA 00315-0045 16-Nov-2020 CONTRACT SERVICES 1,209,507.05 REGIONAL MUNICIPALITY OF NIAGARA 00311-0007 19-Oct-2020 MATERIALS 22,999,268.95 REGIONAL MUNICIPALITY OF NIAGARA 00313-0025 02-Nov-2020 MATERIALS 2,384,408.68 REGIONAL MUNICIPALITY OF NIAGARA 00314-0033 09-Nov-2020 MATERIALS 6,334.60 REGIONAL MUNICIPALITY OF NIAGARA 00316-0040 23-Nov-2020 MATERIALS 346.00 RICOH CANADA INC 441533 14-Oct-2020 LEASES AND RENTS 6,632.41 RICOH CANADA INC 00315-0046 16-Nov-2020 LEASES AND RENTS 2,920.28 RICOH CANADA INC 441737 21-Oct-2020 SERVICES 296.78 RING,JOANNE 441738 21-Oct-2020 MATERIALS 1,057.96 RINKER PLUMBING SERVICES LTD 442424 18-Nov-2020 CONTRACT SERVICES 5,200.00 RIOCAN HOLDINGS INC 442425 18-Nov-2020 REFUND 5,670.52 RIVER CREST ESTATES LTD 442426 18-Nov-2020 REFUND 19,704.48 RIVETT,MARVYN 442252 11-Nov-2020 MATERIALS 80.00 RIZZO,ANGELO 442253 11-Nov-2020 REFUND 36.14 RK & ASSOCIATES 441943 28-Oct-2020 MATERIALS 1,356.00 ROCHESTER MIDLAND CANADA CORPORATION 441944 28-Oct-2020 CONTRACT SERVICES 528.22 RODELA,INES 441535 14-Oct-2020 REFUND 750.00 ROGERS 441740 21-Oct-2020 CONTRACT SERVICES 824.16 ROGERS 441945 28-Oct-2020 CONTRACT SERVICES 2,068.43 ROGERS WIRELESS 441946 28-Oct-2020 MATERIALS 1,264.00 ROGERS WIRELESS 442427 18-Nov-2020 MATERIALS 414.88 ROGERS WIRELESS 441536 14-Oct-2020 SERVICES 152.55 ROGERS WIRELESS 441741 21-Oct-2020 SERVICES 29,486.88 ROGERS,DONALD& ROGERS, KATHRYN 441739 21-Oct-2020 REFUND 246.26 ROGERS,TIMOTHY& COCKBURN, MARY 442428 18-Nov-2020 REFUND 500.00 RONALD C. ELLENS APPRAISALS INC 442429 18-Nov-2020 MATERIALS 2,825.00 RONALD MCDONALD HOUSE CHARITIES SOUTH CENTRAL ONTARIO 441537 14-Oct-2020 REMITTANCE 205.33 RONNIES GENERATOR SERVICE LTD.441538 14-Oct-2020 CONTRACT SERVICES 887.05 ROSS,SYLVIA 441947 28-Oct-2020 REFUND 184.88 ROYAL CANADIAN LEGION CHIPPAWA BRANCH 396 442098 04-Nov-2020 MATERIALS 75.00 RUDY STEHLE 441760 21-Oct-2020 MATERIALS 1,434.48 RUSH TRUCK CENTRES OF CANADA LTD 441539 14-Oct-2020 MATERIALS 104.54 RUSH TRUCK CENTRES OF CANADA LTD 441948 28-Oct-2020 MATERIALS 875,916.46 RUSH TRUCK CENTRES OF CANADA LTD 442099 04-Nov-2020 MATERIALS 48.53 RUSH TRUCK CENTRES OF CANADA LTD 442254 11-Nov-2020 MATERIALS 628.43 RUSH TRUCK CENTRES OF CANADA LTD 442430 18-Nov-2020 MATERIALS 4,571.59 RYERSON UNIVERSITY 441744 21-Oct-2020 CONTRACT SERVICES 101,604.99 S.B. SIMPSON GROUP INC.441541 14-Oct-2020 STORES/INVENTORY 4,680.35 S.B. SIMPSON GROUP INC.441748 21-Oct-2020 STORES/INVENTORY 65.54 S.B. SIMPSON GROUP INC.00313-0026 02-Nov-2020 STORES/INVENTORY 1,370.52 S.B. SIMPSON GROUP INC.00315-0047 16-Nov-2020 STORES/INVENTORY 65.54 Page 361 of 551 Page 15 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount S.B. SIMPSON GROUP INC.00316-0041 23-Nov-2020 STORES/INVENTORY 1,904.22 SACCO CONSTRUCTION LTD 441950 28-Oct-2020 CONTRACT SERVICES 87,221.67 SACCO,ANDREW 441745 21-Oct-2020 REFUND 2,500.00 SAFE STOR RECORDS MANAGEMENT 441951 28-Oct-2020 MATERIALS 294.93 SAFETY-KLEEN CANADA INC 441540 14-Oct-2020 CONTRACT SERVICES 315.79 SAFETY-KLEEN CANADA INC 442255 11-Nov-2020 CONTRACT SERVICES 949.35 SAFETY-KLEEN CANADA INC 442431 18-Nov-2020 CONTRACT SERVICES 579.84 SAINI,MILANDEEP SINGH 442256 11-Nov-2020 REFUND 167.31 SANI GEAR 441746 21-Oct-2020 MATERIALS 298.09 SASIC,ZORKA& SASIC, PERO 441952 28-Oct-2020 REFUND 735.75 SASSAFRAS FARMS 441747 21-Oct-2020 MATERIALS 8,220.75 SASSAFRAS FARMS 441953 28-Oct-2020 MATERIALS 3,102.98 SCALZO,LUCA& SCALZO, PASQUALE 442432 18-Nov-2020 REFUND 2,180.11 SCOTIA BANK RETAIL SERVICE CENTRE 442434 18-Nov-2020 REFUND 585.00 SCOTT BEST SEWER SERVICES 441749 21-Oct-2020 CONTRACT SERVICES 2,231.75 SCOTT BEST SEWER SERVICES 442257 11-Nov-2020 CONTRACT SERVICES 2,062.25 SCOTT BEST SEWER SERVICES 442433 18-Nov-2020 CONTRACT SERVICES 1,491.60 SCOTT CONSTRUCTION NIAGARA INC 441542 14-Oct-2020 CONTRACT SERVICES 7,893.05 SEAWAY FLUID POWER GROUP LTD 441750 21-Oct-2020 MATERIALS 200.91 SEAWAY FLUID POWER GROUP LTD 00314-0034 09-Nov-2020 MATERIALS 231.48 SEDONA COMMUNITIES INC 442435 18-Nov-2020 REFUND 8,592.88 SENESE,KAREN 442258 11-Nov-2020 REFUND 120.81 SENKERIK FIRE PROTECTION 442100 04-Nov-2020 CONTRACT SERVICES 183.06 SENTRY ELECTRIC INC.442259 11-Nov-2020 CONTRACT SERVICES 419,885.40 SERVICEMASTER CLEAN OF NIAGARA 441751 21-Oct-2020 CONTRACT SERVICES 29,908.70 SERVICEMASTER CLEAN OF NIAGARA 441954 28-Oct-2020 CONTRACT SERVICES 593.25 SERVICEMASTER CLEAN OF NIAGARA 00314-0035 09-Nov-2020 CONTRACT SERVICES 2,349.72 SERVICEMASTER CLEAN OF NIAGARA 00315-0048 16-Nov-2020 CONTRACT SERVICES 406.80 SHEEHAN ARBITRATION MEDIATION SERVICES 442101 04-Nov-2020 CONTRACT SERVICES 1,736.52 SHELTON,DAVE 441543 14-Oct-2020 MATERIALS 100.00 SHENG,JING YAN& HUANG, CHUN WEI 441955 28-Oct-2020 REFUND 164.75 SHERMAN,TERRY 442260 11-Nov-2020 REFUND 87.11 SHRED IT C/O STERICYCLE ULC 441956 28-Oct-2020 CONTRACT SERVICES 206.90 SIGMA PROMOTIONS INC.442261 11-Nov-2020 MATERIALS 1,066.12 SIGNATURE SIGN & IMAGE 441752 21-Oct-2020 MATERIALS 1,299.50 SIGNATURE SIGN & IMAGE 441957 28-Oct-2020 MATERIALS 384.20 SIMMS,SUSAN 441753 21-Oct-2020 MATERIALS 250.00 SINGH,GILL& VIKRAM, JEET 441754 21-Oct-2020 REFUND 114.95 SINGH,GUARAVDEEP 441958 28-Oct-2020 REFUND 173.15 SINGH,LOVEPREET 442262 11-Nov-2020 REFUND 169.93 SINGH,SUKHJOYT 442263 11-Nov-2020 REFUND 174.51 SIRINWANI,CHERRIE 441959 28-Oct-2020 REFUND 207.90 SMITH,JUSTIN 441960 28-Oct-2020 MATERIALS 61.24 SNAP ON TOOLS OF CANADA LTD 441961 28-Oct-2020 MATERIALS 1,135.65 SOCHA,STAN 442436 18-Nov-2020 MATERIALS 175.00 SOCHA,TRISTAN 441962 28-Oct-2020 MATERIALS 61.24 SOLIDCAD 442264 11-Nov-2020 SERVICES 26,035.20 SPARK INNOVATION EDUCATIONAL CENTER INC 00313-0027 02-Nov-2020 REMITTANCE 56,966.32 SPARKS,BRIAN 442437 18-Nov-2020 MATERIALS 170.96 SPELIER,HAYDEN 442438 18-Nov-2020 MATERIALS 50.00 SPIEGELBERG,KEVIN ALBERT 442265 11-Nov-2020 REFUND 132.38 SPILKA,PAUL 441755 21-Oct-2020 REFUND 190.93 SPITERI,SANDRA JOANNE 442266 11-Nov-2020 REFUND 211.21 SRIGLEY,REGAN 442267 11-Nov-2020 REFUND 33.40 ST ANGELO,JASON 441756 21-Oct-2020 REFUND 882.00 ST CATHARINES TRANSIT COMMISSION 442440 18-Nov-2020 CONTRACT SERVICES 250.00 ST JOHN AMBULANCE 00313-0028 02-Nov-2020 FEE FOR SERVICE 2,741.66 ST JOHN AMBULANCE 00314-0036 09-Nov-2020 FEE FOR SERVICE 27,786.10 ST JOHN AMBULANCE 00315-0049 16-Nov-2020 MATERIALS 200.00 ST. ANTOINE CHURCH 441964 28-Oct-2020 REFUND 30.00 STAMFORD HOME HARDWARE 441544 14-Oct-2020 MATERIALS 44.01 STAMFORD HOME HARDWARE 441757 21-Oct-2020 MATERIALS 16.94 STANGL'S ENVIRO LAWN CARE 442268 11-Nov-2020 MATERIALS 197.75 STANTE,CARMELINA 441758 21-Oct-2020 SENIOR TAX REBATE 40.00 STANTEC CONSULTING LTD 441963 28-Oct-2020 MATERIALS 2,582.06 STAPLES BUSINESS ADVANTAGE 441545 14-Oct-2020 MATERIALS 2,393.43 STAPLES BUSINESS ADVANTAGE 441759 21-Oct-2020 STORES/INVENTORY 1,985.89 STAPLES BUSINESS ADVANTAGE 441965 28-Oct-2020 STORES/INVENTORY 1,697.88 STAPLES BUSINESS ADVANTAGE 442102 04-Nov-2020 STORES/INVENTORY 2,765.42 Page 362 of 551 Page 16 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount STAPLES BUSINESS ADVANTAGE 442269 11-Nov-2020 STORES/INVENTORY 682.97 STAPLES BUSINESS ADVANTAGE 442439 18-Nov-2020 STORES/INVENTORY 412.45 STEIFEL,LINDA 442270 11-Nov-2020 REFUND 107.66 STEPHENSON'S RENTAL SERVICES 441546 14-Oct-2020 CONTRACT SERVICES 1,280.13 STINSON EQUIPMENT LIMITED 441761 21-Oct-2020 MATERIALS 25,266.80 STONES,HEATHER 442103 04-Nov-2020 MATERIALS 75.00 STORAGE NIAGARA 441547 14-Oct-2020 CONTRACT SERVICES 545.40 STORAGE NIAGARA 441967 28-Oct-2020 CONTRACT SERVICES 2,147.00 STORSTAC INC 441968 28-Oct-2020 MATERIALS 7,175.50 STOUT,CARLA 441966 28-Oct-2020 MATERIALS 101.78 STREMLAW,KEN 441969 28-Oct-2020 REFUND 204.70 STYLES,TYLER 441970 28-Oct-2020 REFUND 50.00 SUN LIFE ASSURANCE COMPANY OF CANADA 00314-0037 09-Nov-2020 REMITTANCE 477,860.52 SUN LIFE ASSURANCE COMPANY OF CANADA 00315-0050 16-Nov-2020 REMITTANCE 1,591.68 SUPERIOR FOOD SERVICE 442104 04-Nov-2020 MATERIALS 358.85 SUPERIOR LAUNDRY SERVICE LTD.441763 21-Oct-2020 CONTRACT SERVICES 214.71 SUPERIOR LAUNDRY SERVICE LTD.441971 28-Oct-2020 CONTRACT SERVICES 175.73 SUPERIOR LAUNDRY SERVICE LTD.00314-0038 09-Nov-2020 CONTRACT SERVICES 214.71 SUPERIOR LAUNDRY SERVICE LTD.00315-0051 16-Nov-2020 CONTRACT SERVICES 184.21 SUPERIOR LAUNDRY SERVICE LTD.00316-0042 23-Nov-2020 CONTRACT SERVICES 372.92 SUPERIOR PROPANE 442105 04-Nov-2020 CONTRACT SERVICES 49.43 SUPERIOR PROPANE 441762 21-Oct-2020 MATERIALS 39.56 SUPERIOR PROPANE 442441 18-Nov-2020 MATERIALS 1,280.83 SURREY CONSTRUCTION INC 00310-0001 16-Oct-2020 CONTRACT SERVICES 109,246.78 SYSTEMMACS VOICE DATA SOLUTIONS 441548 14-Oct-2020 SERVICES 904.00 SYSTEMMACS VOICE DATA SOLUTIONS 441764 21-Oct-2020 SERVICES 1,531.15 SYSTEMMACS VOICE DATA SOLUTIONS 442442 18-Nov-2020 SERVICES 325.44 TALK WIRELESS INC 441549 14-Oct-2020 CONTRACT SERVICES 101.70 TALK WIRELESS INC 441765 21-Oct-2020 CONTRACT SERVICES 7,884.01 TALK WIRELESS INC 00316-0043 23-Nov-2020 CONTRACT SERVICES 1,966.22 TANASI,PAOLO 441972 28-Oct-2020 REFUND 213.98 TAXITAB 441973 28-Oct-2020 CONTRACT SERVICES 1,030.56 TD CANADA TRUST 442443 18-Nov-2020 REFUND 1,161.16 TECHNICAL STANDARDS & SAFETY AUTHORITY 441766 21-Oct-2020 CONTRACT SERVICES 215.00 TECHNICAL STANDARDS & SAFETY AUTHORITY 441974 28-Oct-2020 CONTRACT SERVICES 105.00 TECHNICAL STANDARDS & SAFETY AUTHORITY 442271 11-Nov-2020 CONTRACT SERVICES 347.30 TENAQUIP LIMITED 441550 14-Oct-2020 MATERIALS 198.32 TENAQUIP LIMITED 442272 11-Nov-2020 MATERIALS 149.26 TENAQUIP LIMITED 441975 28-Oct-2020 STORES/INVENTORY 1,373.96 TENAQUIP LIMITED 442444 18-Nov-2020 STORES/INVENTORY 115.61 TENNANT SALES AND SERVICE COMPANY 441551 14-Oct-2020 MATERIALS 745.12 TERANET INC 442273 11-Nov-2020 REMITTANCE 2,000.00 TESKEY,BERNADETTE 442106 04-Nov-2020 MATERIALS 50.00 THE BURKE GROUP 441430 14-Oct-2020 CONTRACT SERVICES 954.85 THE ESTATE OF AGRETTO,THOMAS EUGENE 442186 11-Nov-2020 REFUND 184.35 THE WAR AMPS 441568 14-Oct-2020 REMITTANCE 205.33 THERMO KING EASTERN CANADA 442445 18-Nov-2020 MATERIALS 1,925.79 THOMSON REUTERS CANADA 441976 28-Oct-2020 MATERIALS 780.15 THOS. R. BIRNIE & SONS 441552 14-Oct-2020 REFUND 750.00 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 441767 21-Oct-2020 CONTRACT SERVICES 666.32 TICKET TRACER CORPORATION 441553 14-Oct-2020 SERVICES 14,464.00 TIERRA GEOMATIC SERVICES INC 442446 18-Nov-2020 CONTRACT SERVICES 271.20 TOK SMARTECH 441554 14-Oct-2020 CONTRACT SERVICES 508.50 TOOLBOX 441555 14-Oct-2020 MATERIALS 135.48 TOOLBOX 442447 18-Nov-2020 MATERIALS 277.69 TOP NOTCH PROMOTIONAL PRODUCTS INC 441977 28-Oct-2020 MATERIALS 2,241.90 TOROMONT CAT 441978 28-Oct-2020 MATERIALS 1,042.50 TOROMONT CAT 442448 18-Nov-2020 MATERIALS 542.44 TORONTO STAMP INC 441768 21-Oct-2020 MATERIALS 208.49 TORONTO STAMP INC 00316-0044 23-Nov-2020 MATERIALS 295.27 TOTAL POWER LIMITED 442107 04-Nov-2020 CONTRACT SERVICES 519.80 TOTAL POWER LIMITED 442274 11-Nov-2020 MATERIALS 1,548.10 TOUCHSTONE SITE CONTRACTORS 441979 28-Oct-2020 CONTRACT SERVICES 102,588.83 TOVAR,RAMON& SANCHEZ, LOSADO LUZ ANDREA 442275 11-Nov-2020 REFUND 548.02 TOZER,PETER 441980 28-Oct-2020 REFUND 113.00 TRANSAXLE PARTS (HAMILTON) INC.442276 11-Nov-2020 MATERIALS 112.94 TRANSAXLE PARTS (HAMILTON) INC.441556 14-Oct-2020 STORES/INVENTORY 276.69 TRANSAXLE PARTS (HAMILTON) INC.441769 21-Oct-2020 STORES/INVENTORY 121.81 TRANSAXLE PARTS (HAMILTON) INC.441981 28-Oct-2020 STORES/INVENTORY 3,706.06 Page 363 of 551 Page 17 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount TRANSAXLE PARTS (HAMILTON) INC.442108 04-Nov-2020 STORES/INVENTORY 1,830.71 TRANSAXLE PARTS (HAMILTON) INC.442449 18-Nov-2020 STORES/INVENTORY 1,491.15 TRANSPORTATION SAFETY TRAINING 442109 04-Nov-2020 CONTRACT SERVICES 1,333.40 TRANSPORTATION SAFETY TRAINING 442277 11-Nov-2020 CONTRACT SERVICES 1,333.40 TRENEVA,NATALIA 442278 11-Nov-2020 REFUND 160.33 TRIFKOVIC,MIHAJLO 442450 18-Nov-2020 REFUND 2,397.95 TRIPLE M DEMOLITION 442451 18-Nov-2020 REFUND 750.00 TROTTIER,FILOMENA 442279 11-Nov-2020 REFUND 147.78 TURF CARE PRODUCTS CANADA LIMITED 441557 14-Oct-2020 MATERIALS 211.37 TURF CARE PRODUCTS CANADA LIMITED 00315-0053 16-Nov-2020 MATERIALS 1,527.00 TWARDAWSKY,NICK 442280 11-Nov-2020 TRAVEL/MILEAGE 258.66 UCC INDUSTRIES INTERNATIONAL INC 441558 14-Oct-2020 MATERIALS 163.85 ULINE CANADA CORPORATION 441559 14-Oct-2020 MATERIALS 304.07 ULINE CANADA CORPORATION 441770 21-Oct-2020 MATERIALS 114.64 UNIFIRST CANADA LTD 441560 14-Oct-2020 MATERIALS 37.12 UNIFIRST CANADA LTD 441983 28-Oct-2020 MATERIALS 1,097.63 UNIFIRST CANADA LTD 442281 11-Nov-2020 MATERIALS 41.62 UNIFIRST CANADA LTD 442452 18-Nov-2020 MATERIALS 833.67 UNISYNC GROUP LTD 441561 14-Oct-2020 MATERIALS 8,263.69 UNISYNC GROUP LTD 00313-0029 02-Nov-2020 MATERIALS 333.01 UNISYNC GROUP LTD 00314-0039 09-Nov-2020 MATERIALS 1,826.70 UNISYNC GROUP LTD 00315-0054 16-Nov-2020 MATERIALS 1,333.40 UNITED SAFETY AND SURVIVABILITY CORP.442110 04-Nov-2020 MATERIALS 2,164.50 UNITED WAY NIAGARA 441984 28-Oct-2020 PAYROLL REMITTANCE 1,364.69 UPPER CANADA CONSULTANTS 442453 18-Nov-2020 MATERIALS 13,077.04 UPS CANADA 441771 21-Oct-2020 MATERIALS 84.25 URBAN & ENVIRONMENTAL MANAGEMENT INC 441562 14-Oct-2020 CONTRACT SERVICES 42,045.43 URBAN & ENVIRONMENTAL MANAGEMENT INC 00313-0030 02-Nov-2020 MATERIALS 11,449.73 URBAN & ENVIRONMENTAL MANAGEMENT INC 00314-0040 09-Nov-2020 MATERIALS 5,666.10 URBAN & ENVIRONMENTAL MANAGEMENT INC 00316-0045 23-Nov-2020 MATERIALS 17,359.13 URGE TO PURGE 441563 14-Oct-2020 CONTRACT SERVICES 480.25 URGE TO PURGE 441772 21-Oct-2020 CONTRACT SERVICES 508.50 URGE TO PURGE 441985 28-Oct-2020 CONTRACT SERVICES 3,216.55 URGE TO PURGE 442282 11-Nov-2020 CONTRACT SERVICES 1,921.00 URGE TO PURGE 442454 18-Nov-2020 CONTRACT SERVICES 480.25 UTHUP,JITTO TOM& LUKACHAN, LIYA VENGACHERIL 442455 18-Nov-2020 REFUND 425.10 V GIBBONS CONTRACTING LTD 441565 14-Oct-2020 CONTRACT SERVICES 911,606.89 VACCA,HEATHER 442283 11-Nov-2020 REFUND 114.50 VAGO,MARK EDWARD& EVEREST, SHANNON 441773 21-Oct-2020 REFUND 200.00 VANDEN BUSSCHE IRRIGATION 441774 21-Oct-2020 MATERIALS 509.20 VARCOE,LAURA LEE 441986 28-Oct-2020 REFUND 10.84 VEERU KANTOOR C/O WALIA LAW OFFICE IN TRUST 442456 18-Nov-2020 REFUND 3,918.77 VENNERI,MARY 441564 14-Oct-2020 REFUND 750.00 VIKING CIVES LTD 441775 21-Oct-2020 MATERIALS 3,623.55 VISCA,ALEXANDRIA 442457 18-Nov-2020 REMITTANCE 169.50 VISION TRUCK GROUP 442285 11-Nov-2020 STORES/INVENTORY 355.62 VOITH TURBO 441567 14-Oct-2020 MATERIALS 16,950.00 VUCENOVIC,PETAR 442112 04-Nov-2020 MATERIALS 31.24 WALKER AGGREGATES INC 441990 28-Oct-2020 MATERIALS 3,040.78 WALKER AGGREGATES INC 442286 11-Nov-2020 MATERIALS 1,404.51 WALKER AGGREGATES INC 442458 18-Nov-2020 MATERIALS 4,090.58 WALKERTON CLEAN WATER CENTRE 441988 28-Oct-2020 MATERIALS 4,560.00 WALKERTON CLEAN WATER CENTRE 442113 04-Nov-2020 MATERIALS 760.00 WALMA,JOHN 441989 28-Oct-2020 REFUND 144.48 WANG,YANFEI 442287 11-Nov-2020 REFUND 1,118.16 WARD,JOHN 442459 18-Nov-2020 MATERIALS 77.97 WASNEY,ANDREW 442288 11-Nov-2020 REFUND 205.57 WATER CONCEPTS 441991 28-Oct-2020 MATERIALS 678.45 WATERS,HARRY& WATERS, CINDY 442460 18-Nov-2020 REFUND 1,462.40 WATSON & ASSOCIATES ECONOMISTS LTD 00314-0041 09-Nov-2020 CONTRACT SERVICES 12,621.82 WATSON,BERTRAM JAMES 442114 04-Nov-2020 REFUND 500.00 WEBSTER,NOREEN& WEBSTER, DONALD 441777 21-Oct-2020 REFUND 342.27 WEIGOLD,THOMAS& WEIGOLD, JESSICA 442291 11-Nov-2020 REFUND 218.39 WEINMANN LIMITED 441569 14-Oct-2020 CONTRACT SERVICES 9,695.82 WEINMANN LIMITED 441778 21-Oct-2020 CONTRACT SERVICES 48,618.37 WEINMANN LIMITED 00314-0042 09-Nov-2020 CONTRACT SERVICES 3,283.15 WEINMANN LIMITED 00315-0055 16-Nov-2020 CONTRACT SERVICES 18,988.05 WEINMANN LIMITED 00316-0046 23-Nov-2020 CONTRACT SERVICES 2,288.06 WEINS,DONOVAN& BURSE, CHANTE 442289 11-Nov-2020 REFUND 205.87 Page 364 of 551 Page 18 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount WELMAR RECREATIONAL PRODUCTS 441779 21-Oct-2020 MATERIALS 1,026.04 WESTECH HEALTH CARE LTD.441570 14-Oct-2020 MATERIALS 168.71 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.441992 28-Oct-2020 STORES/INVENTORY 355.14 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.442115 04-Nov-2020 STORES/INVENTORY 192.91 WHITELINE ARCHITECTS INC 441781 21-Oct-2020 MATERIALS 4,395.41 WHITE'S WEARPARTS LTD 441993 28-Oct-2020 MATERIALS 4,255.58 WIENS,JANICE& WIENS, BARBARA 442290 11-Nov-2020 REFUND 103.26 WILLOUGHBY RANCH INC 442116 04-Nov-2020 REFUND 500.00 WILLOUGHBY VOLUNTEER FIRE DEPARTMENT 442461 18-Nov-2020 LEASES AND RENTS 5,077.33 WIMBUSH,ROB 441572 14-Oct-2020 MATERIALS 175.00 WOLSELEY CANADA INC.441994 28-Oct-2020 MATERIALS 1,606.73 WOLSELEY CANADA INC.442117 04-Nov-2020 MATERIALS 12,376.85 WOLSELEY CANADA INC.442292 11-Nov-2020 MATERIALS 1,203.96 WOLSELEY CANADA INC.442462 18-Nov-2020 MATERIALS 810.01 WOLSELEY CANADA INC.441782 21-Oct-2020 STORES/INVENTORY 277.94 WOMEN'S PLACE OF SOUTH NIAGARA INC 441995 28-Oct-2020 FEE FOR SERVICE 1,612.50 WOOD,RON 442464 18-Nov-2020 MATERIALS 200.00 WOODBRIDGE,NEIL& WOODBRIDGE, JOAN 442463 18-Nov-2020 REFUND 257.63 WORK AUTHORITY 441573 14-Oct-2020 MATERIALS 1,742.38 WORK AUTHORITY 441996 28-Oct-2020 MATERIALS 400.00 WORK AUTHORITY 442293 11-Nov-2020 MATERIALS 792.09 WORK EQUIPMENT LTD 441574 14-Oct-2020 MATERIALS 131.79 WORK EQUIPMENT LTD 441783 21-Oct-2020 MATERIALS 6,158.76 WORK EQUIPMENT LTD 441997 28-Oct-2020 MATERIALS 2,088.84 WRIGHTSON,ROBERT& WRIGHTSON, SHARLENE 441784 21-Oct-2020 REFUND 200.00 WSIB 441575 14-Oct-2020 REMITTANCE 22,203.72 WSIB 441785 21-Oct-2020 REMITTANCE 13,562.24 WSIB 441998 28-Oct-2020 REMITTANCE 42,571.63 WSIB 442118 04-Nov-2020 REMITTANCE 4,581.30 WSIB 442125 04-Nov-2020 REMITTANCE 787.31 WSIB 442294 11-Nov-2020 REMITTANCE 8,883.87 XCG CONSULTING LIMITED 442119 04-Nov-2020 MATERIALS 5,595.76 XPLORNET COMMUNICATIONS INC 441786 21-Oct-2020 SERVICES 101.69 YOUNG,THERESA 441576 14-Oct-2020 REFUND 750.00 YURI DOJC C/O DOROTHY ABBOTT 441577 14-Oct-2020 REMITTANCE 4,500.00 YWCA 441999 28-Oct-2020 FEE FOR SERVICE 4,277.75 ZAMBONI COMPANY LTD 442121 04-Nov-2020 MATERIALS 44.47 ZARAFONITIS,CHRISTOPHER JAMES& ZARAFONITIS, MARNI LYNN GOODHAND441578 14-Oct-2020 REFUND 750.00 ZRELEC,VLADIMIR 441788 21-Oct-2020 SENIOR TAX REBATE 40.00 ZUDER,ALEKSANDRA 442295 11-Nov-2020 REFUND 124.54 Total 47,800,509.30 Page 365 of 551 MW-2020-28 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2020-28 Chippawa Lions Club Lease Renewal RECOMMENDATION 1. That Council approve of a lease renewal with Chippawa Lions Club Incorporated, for the continued operation of their facility located on City Lands known as 3970 Welland Street, with the understanding that negotiations on a new lease are underway; and further, 2. That the Mayor and City Clerk be authorized to execute the lease renewal agreement. EXECUTIVE SUMMARY The Chippawa Lions Club have been a long-standing community service club operating from their building located within the Chippawa Lions Park at 3970 Welland Street. Starting in 2020 Municipal Works staff successfully assumed maintenance responsibilities for the parklands, thus reducing the responsibilities of the Chippawa Lions Club and eliminating the fee- for-service agreement. As the current lease will be expiring at the end of 2020, it is appropriate to renew the lease in order to allow negotiations take place to reflect the terms and conditions related to this new operating partnership. BACKGROUND A lease agreement with the Chippawa Lions Club has been in place since at least 1983. Past practice at this location has been to lease the land and buildings within the Chippawa Lions Park to the Lions Club, whereupon the Club would perform various maintenance and operational efforts on behalf of the City under a fee-for-service agreement. The current term of the 20-year lease has come due effective January 1, 2021. ANALYSIS/RATIONALE In 2020 City Staff assumed responsibility for all outdoor maintenance and operations activities at Chippawa Lions Park, since this work aligns closely with ongoing operational efforts of Municipal Works in parklands throughout the City. In doing so, the City has eliminated its prior responsibility to reimburse the Chippawa Lions Club for their previous efforts to do the same, and has also taken control over the maintenance levels of service in order to ensure consistency across all parks within the City. Page 366 of 551 2 MW-2020-26 October 6, 2020 On a go-forward basis, it is recommended to continue to maintain the outdoor space at this park by City Staff. The Chippawa Lions Club are responsible the building located with in the park, and utilize this space for the delivery of service club functions and events. From time-to-time this may include City related events such as elections. The building additionally includes outdoor-accessible washrooms, which are beneficial to the park operation. Staff recommend to include provision for City access and maintenance of these outdoor washrooms as part of the lease. Negotiations with the Chippawa Lions Club, and the preparation of a new lease agreement will require time to complete. In the meantime, Staff recommend an extension of the existing lease which will allow for continued operations by the Chippawa Lions Club. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Absorbing the maintenance of the park within the broader scope of Municipal Works responsibilities has resulted in approximately $10,000 in annual savings. Renewing the lease with the Chippawa Lions Club will ensure the City does not become liable for the maintenance, lifecycle capital costs, and utility costs for the building located on the property. CITY’S STRATEGIC COMMITMENT Securing a lease aligns with the Priorities for Responsible and Transparent Financial Management. LIST OF ATTACHMENTS 1. Lease renewal agreement Recommended by: Erik Nickel, Director of Municipal Works/City Engineer Respectfully submitted: Ken Todd, Chief Administrative Officer E. Nickel Page 367 of 551 THIS RENEWAL OF LEASE made this 1st day of January, 2021. B E T W E E N: CHIPPAWA LIONS CLUB INCORPORATED Hereinafter referred to as the “Club” and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the “City” WHEREAS A. By Lease dated 21 November 2000, (the “Original Lease”), the City granted the Club a lease of the lands and premises municipally known as 3970 Welland Street, Niagara Falls (the “Premises”) and more particularly described in the Original Lease, for a term of twenty years from 1 January 2001; B. The Club has exercised its option to renew as contained in the Original Lease and has requested the City to grant it a Renewal Lease of the Premises for a further term of twenty years from 1 January 2021; NOW THEREFORE in consideration of the covenants and provisions in this agreement, the parties agree as follows: TERM 1. The term of the Original Lease shall be renewed for an additional term of twenty years from 1 January 2021 to 31 December 2040, subject to the payment on the same days and in like manner of annual rental as set out in the Original Lease and subject to and with the benefit of the City’s and Club’s covenants (other than the covenant for renewal), by the City and Club and the provisos and conditions contained in the Original Lease. NO FURTHER OPTION TO RENEW 2. The Club acknowledges that it has no further right to renew the Original Lease at the expiry of the renewed term. CONFIRMATION OF COVENANTS 3. All other terms and conditions of the Original Lease, as amended by this Renewal of Lease, shall remain in full force and effect. Page 368 of 551 2 COUNTERPARTS AND ELECTRONIC DELIVERY 4. This Renewal of Lease may be executed and delivered by facsimile or electronic transmission and the parties may rely upon all such facsimile or electronic signatures as though such facsimile or electronic signatures were original signatures. This Renewal of Lease may be executed in any number of counterparts and all such counterparts shall, for all purposes, constitute one agreement binding on the parties. IN WITNESS WHEREOF the parties have executed this agreement. CHIPPAWA LIONS CLUB INCORPORATED Per: Name: Title: Name: Title: Date: _________________________ I have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor William G. Matson, City Clerk Date: _________________________ Page 369 of 551 MW-2020-29 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2020-29 Drainage Superintendent Appointment – James Lane RECOMMENDATION That Council appoint James Lane as the Drainage Superintendent for the City of Niagara Falls. EXECUTIVE SUMMARY The City has had a Drainage Superintendent on staff since 1990 to initiate and supervise the maintenance and repair of the municipal drains. The current Drainage Superintendent Nick Golia duties have changed necessitating the appointment of the next Superintendent to continue on with these duties and responsibilities. BACKGROUND City Council appointed the first Drainage Superintendent in 1990 to maintain the numerous municipal drains in the rural areas. The Superintendent inspects all of the drains in the City on a regular basis and takes the necessary action to ensure they are operating efficiently. Since the drains provide an outlet for the rural road side ditches, it is imperative that they are maintained on a regular basis. ANALYSIS/RATIONALE Section 93 (1) of the Drainage Act requires the appointment of the Drainage Superintendent by municipal by-law. The Ontario Ministry of Agriculture Food and Rural Affairs offer grants for both Superintendent wages and municipal drain improvement costs. In order to qualify for these grants; the Ministry requires that Drainage Superintendent to complete their training course and then be appointed by by-law. James Lane has successfully completed the Drainage Superintendent’s course this year. Page 370 of 551 2 MW-2020-29 December 8, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Ministry provides an annual grant of fifty percent (50%) of the Superintendent’s time related to municipal drain matters as well as a one third (33%) grant for drainage works on lands that are currently used for agriculture purposes. CITY’S STRATEGIC COMMITMENT This initiative meets Council’s Strategic Priorities by providing strong and resilient infrastructure in a healthy and safe livable community through accountable government practices. LIST OF ATTACHMENTS None. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Nick G. Page 371 of 551 PBD-2020-79 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-79 DB-2020-009, Deeming By-law Application Lot 8, Plan 160 Property known as 4500 Montrose Road Applicant: Mr. Angelo Marino RECOMMENDATION That Council pass the by-law appearing on today’s agenda to deem Lot 8, Plan 160, to no longer be within the registered plan of subdivision. EXECUTIVE SUMMARY The applicant (Angelo Marino) has been granted approval of a consent application to sever off a portion of 4536 Montrose Road (Part 2 as shown on Schedule 2) and co nvey it with 4500 Montrose Road (Part 1). Part 1 contains a full lot in a plan of subdivision (Lot 8, Plan 160). The consent was granted on August 25, 2020; a condition of the consent is to deem Lot 8, Plan 160 to no longer be within the registered plan of subdivision. This will facilitate the merger of the two parts. The applicant has requested Council to pass a deeming by-law under the Planning Act so that Lot 8 on Plan 160 will no longer be a lot within the registered plan of subdivision. This will allow the lot line to be removed between Parts 1 and 2 to form one parcel and fulfill the condition. Once passed by Council, the registration of the deeming by-law will merge Parts 1 and 2 into one parcel which will enable the one parcel to be developed for the proposed warehouse. The necessary deeming by-law is included in today’s agenda. BACKGROUND Proposal The applicant is proposing to construct a 1 storey, 1,258 square metre warehouse on the east side of Montrose Road north of Industrial Street located at 4500 Montrose Road. Refer to Schedule 1 to locate the lands. The applicant has submitted a consent application to sever a portion of 4536 Montrose Road (Part 2 on Schedule 2 attached) and convey it with 4500 Montrose Road (Part 1). As Part 1 consists of a whole lot in a plan of subdivision (Lot 8, Plan 160) it will not automatically merge with Part 2. Therefore, a condition of the consent is to deem Lot 8, Plan 160 to no longer be in a registered plan of subdivision to facilitate the merger. Page 372 of 551 2 PBD-2020-79 December 8, 2020 A deeming By-law passed under Section 50(7) of the Planning Act removes the special status granted to lots in a registered plan of subdivision. Passing the requested deeming By-law and its registration will fulfill the condition of consent and facilitate the legal merger of Parts 1 and 2 into one parcel. Once merged, the parcel will meet the regulatory provisions of the Zoning By-law. The issuance of a Building Permit can occur once the conditions of consent are satisfied and the site plan agreement is registered. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Future development on the lands will be subject to applicable Development C harges. CITY’S STRATEGIC COMMITMENT The proposal supports Council’s strategic priority of a vibrant and diverse economy. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Survey Sketch Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti: Attach. S:\DEEMING BY-LAW\DB-2020-009, 4500 & 4536 Montrose Road\PBD-2020-79, DB-2020-009, 4500 Montrose Road.docx Page 373 of 551 3 PBD-2020-79 December 8, 2020 SCHEDULE 1 Location Map Page 374 of 551 4 PBD-2020-79 December 8, 2020 SCHEDULE 2 Survey Sketch Page 375 of 551 PBD-2020-81 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-81 PLC-2020-004, Request for Removal of Part Lot Control Blocks 4 & 5, Registered Plan 59M-474 6655-6697 Cropp Street Applicant: Winzen Niagara Homes Limited RECOMMENDATION That Council approve the request and pass the by-law included in today’s agenda to exempt Blocks 4 & 5, Registered Plan 59M-474 from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Winzen Niagara Homes Limited has requested Council to pass a by-law to lift Part Lot Control from Blocks 4 & 5, on Registered Plan 59M-474 to allow the transfer of ownership of the on-street townhouse dwelling units that are under construction. The request can be supported based on the following: The use of this Planning Act mechanism is an acceptable alternative to a consent because the blocks are located within a registered subdivision; The zoning permits on-street townhouse dwellings and the proposed parcel sizes; and, The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND Winzen Niagara Homes Limited has submitted a request to have Part Lot Control lifted from Blocks 4 & 5 on Registered Plan 59M-474 located on Cropp Street. The subject lands are located on the north side of Cropp Street as illustrated on Schedule 1. The lifting of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to blocks within registered plans of subdivision. In this case, the lifting of Part Lot Control is requested to allow the creation of 19 parts for 12 on-street townhouse dwelling units (Blocks 4 & 5). Additional parts are for existing easements for stormwater management purposes as seen on Schedules 2 and 3. Page 376 of 551 2 PBD-2020-81 December 8, 2020 ANALYSIS/RATIONALE The subject lands are located on Cropp Street within the Cropp Street and Pettit Avenue Plan of Subdivision (59M-474) which was registered on November 15, 2019 . The subdivision contains blocks of land for on-street townhouse dwellings and apartment buildings. Blocks 4 & 5 are zoned Residential Mixed (R3-989) by Zoning By-law No. 79- 200, as amended by By-law No. 2013-126. The proposed parcels comply with the minimum lot area and minimum lot frontage requirements of the site specific R3-989 zone. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever and prevent the individual townhouse units from being created. Municipalities have the ability to lift Part Lot Control from blocks within a Plan of Subdivision to allow lot lines to be reconfigured or parts of a block to be conveyed without the need for a consent application. Approval of a Part Lot Control by-law is requested so that the blocks can be divided into 19 parts to convey 12 on-street townhouse dwelling units. Seven of the parts include 2 existing easements for stormwater management purposes. It is common practice that the City exempt Blocks for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period should be sufficient to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there are no financial implications. CITY’S STRATEGIC COMMITMENT Council’s priority is to use infill opportunities for multi-unit development to diversify the range of housing available in existing neighbourhoods. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Reference Plan 59R-16808 (Block 4) Schedule 3 – Reference Plan 59R-16785 (Block 5) Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper Attach. S:\PDR\2020\PBD-2020-81, PLC-2020-004, Request for Removal of Part Lot Control, Winzen Niagara Homes.docx Page 377 of 551 3 PBD-2020-81 December 8, 2020 SCHEDULE 1 (Location Map) Page 378 of 551 4 PBD-2020-81 December 8, 2020 SCHEDULE 2 (Block 4) Page 379 of 551 5 PBD-2020-81 December 8, 2020 SCHEDULE 3 (Block 5) Page 380 of 551 PBD-2020-82 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-82 26CD-11-2017-002, Extension of Vacant Plan of Condominium 5065 Portage Road Applicant: Bojan Zdjelar Agent: Urban & Environmental Management Inc. (Greg Taras) RECOMMENDATIONS That Council grant a 1-year extension to draft plan approval of the Plan of Vacant Land Condominium ending December 29, 2021. EXECUTIVE SUMMARY Garwood Homes Inc. (Robert Wheatley) submitted a Plan of Vacant Land Condominium to divide lands known as 5065 Portage Road into 4 units for semi-detached dwellings. The Condominium was approved on December 29, 2017 with a time period of 3 years to clear conditions (ending December 29, 2020). The land has since change hands to Mr. Bojan Zdjelar who has submitted a request to extend the draft plan approval until December 29, 2021. Mr. Zdjelar has requested the 1-year extension to finalize the outstanding conditions remaining as part of the approved draft plan of vacant land condominium . The draft plan and conditions still conform to Provincial, Regional and City policies and applicable zoning and development standards. BACKGROUND Proposal On December 29, 2017, the Ontario Municipal Board (now the Local Planning Appeal Tribunal) granted draft plan approval to a vacant land of condominium for lands that are 0.24 ha in size and located on the west side of Portage Road. The draft plan of vacant land of condominium proposed to subdivide the property into 4 units for semi-detached dwellings. The units are proposed to be accessed via a private road. The parcel is located at 5065 Portage Road as shown on Schedule 1. The layout of the vacant land of condominium is shown on Schedule 2. Mr. Zdjelar has submitted a request to extend the draft plan approval by 1 year, which would provide for a new lapsing date of December 29, 2021. ANALYSIS The applicant has submitted a request for an extension to draft plan approval (see attached letter). Draft plan approval was granted on December 29, 2017 subject to 26 conditions (see Appendix B). The applicant has cleared condition 19 from Enbridge Gas and Conditions 20 to 22 inclusive for Canada Post. All remaining conditions have yet to be cleared. The applicant has requested this extension due to the property being sold from Garwood Homes Inc. to Mr. Bojan Zdjelar approximately a year and a half ago. Mr. Zdjelar is now in the process of selling Page 381 of 551 2 PBD-2020-82 December 8, 2020 this property to a new owner who was to close the sale in mid-November. The new owner has confirmed that they have requested the draft plan approval be extended for an additional year. The new owner intends to apply for a demolition permit for the existing buildings upon taking possession, meet the conditions of draft plan of approval and apply for building permits as soon as possible. The City can grant extensions to draft plan approval for one year. Currently, the applicant has 22 conditions remaining. In conclusion, the applicant was unable to clear draft plan approvals due to the sale of the land and the proposal remains in compliance with Provincial, Regional and City policies and relevant zoning regulations and development standards. For these reasons, Planning Staff is of the opinion it would be appropriate to grant the request to extend draft approval for 1-year until December 29, 2021. The conditions of draft approval are listed in Appendix B. The Niagara Region has changed condition 23 and added conditions 27 and 28 as well as 3 notes. These changes have been bolded in Appendix B. The condominium agreement will need to be revised and prepared for execution before the final plan of vacant land condominium drawings can be approved to address the change in ownership. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed condominium supports the Healthy and Vibrant Community Strategic Priority by providing additional housing for residents. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Vacant Land of Condominium Plan Appendix A – Request for Extension of Draft Plan Approval Appendix B – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper Attach. S:\PDR\2020\PBD-2020-82, 26CD-11-2017-002, Extension of 5065 Portage Condo Plan.docx Page 382 of 551 3 PBD-2020-82 December 8, 2020 SCHEDULE 1 Page 383 of 551 4 PBD-2020-82 December 8, 2020 SCHEDULE 2 (Site Plan) Page 384 of 551 5 PBD-2020-82 December 8, 2020 SCHEDULE 3 (Vacant Lot of Condominium Plan) Page 385 of 551 6 PBD-2020-82 December 8, 2020 APPENDIX A Request for Extension of Draft Plan Approval Page 386 of 551 7 PBD-2020-82 December 8, 2020 APPENDIX B Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood – Kerry T. Howe Surveying Ltd., dated February 8, 2017, showing 4 units of vacant land as well as a common private driveway 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 five 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 applicant demolish the existing dwelling and the accessory structure on the property. 5. 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. 6. 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. 7. The developer provide details of fencing to the satisfaction of Parks Design. Close - board fencing shall be provided along the westerly property line, along the northerly property line to within 8 metres of the front lot line, and along the southerly property line, but no further east than the front of “Block B”. 8. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, any entrance features, streetscape treatment, internal landscaping, patio details, driveway locations, and any garbage collection areas. 9. The developer pay the City cash-in-lieu of 5% parkland dedication. 10. The roadways, services, lot grading and construction shall all be designed and constructed in accordance with City standards. Any sidewalks damaged during construction shall be replaced by the developer. Page 387 of 551 8 PBD-2020-82 December 8, 2020 11. The developer submit a lighting plan prepared by a professional engineer. Design is to be independently powered and metered. Pho tometric plans to be submitted demonstrating zero impact on neighbouring properties. 12. The developer provide the proposed site servicing and grading scheme for the subject property to the City’s Municipal Works Department for review and comment prior to approval of the plans for construction. 13. The developer pay the applicable development charges, if any, in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 14. The developer pay to the City the applicable required fees for administration. 15. The developer ensure that the existing municipal infrastructure will adequately service the development as proposed. All underground services within the subject lands shall be designed and constructed in accordance with City standards. A functional servicing brief is required to address water, sanitary and storm water management for the development. 16. That the following condition be placed in the Vacant Land Condominium Agreement: “Owners shall be required to have their 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.” 17. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property, provide a drawing illustrating the fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code and post the necessary ‘no parking’ signs. NOTE: parking shall be prohibited on both sides of the access road. 18. 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 communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 19. 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. Page 388 of 551 9 PBD-2020-82 December 8, 2020 20. That a Community Mail Box (CMB) be located adjacent to Unit 1 facing south and the internal road, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 21. 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 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. 22. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 23. If waste is not brought to the curbside of Portage Road and/or if waste exceeds the current Regional curbside collection limits: a. That private waste collection be provided by the condominium corporation, as the site layout does not meet the require ments of Niagara Region’s Corporate Waste Collection Policy. b. That the following clause be included in the Condominium Agreement to survive closing; “The Owner agrees to include the following clause in all Offers and Agreements of Purchase and Sale or Lease for all units: ‘Purchasers/Tenants are advised that due to the site layout, waste collection for the development will be provided through a private waste collector arranged by the Condominium Corporation and not Niagara Region.’” OR If waste collection for the development will be provided by Niagara Region through curbside waste collection service: a. That the following clause be included in the Condominium Agreement to survive closing; “The Owner agrees to include the following clause in all Offers and Agreements of Purchase and Sale or Lease for all units: ‘Purchasers/Tenants are advised that in order to accommodate Regional Waste Collection Service, waste and recycling containers will need to be clearly marked with the respective unit numbers and placed at the curbside of Portage Road on the required collection day.’” Page 389 of 551 10 PBD-2020-82 December 8, 2020 24. 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 the Niagara Region. 25. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region Planning and Development Services Department (Development Services Division) for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 26. As required as part of the aforementioned Conditions of Approval, the format for all studies and reports to be submitted to the Niagara Region shall be one hard copy and a PDF digital copy. 27. That a Stage 1 and 2 Archaeological Assessment, prepared by a licensed archaeologist, be submitted to the Ministry of Heritage, Sport, Tourism and Culture Industries, for review and approval with a copy provided to the Niagara Region. The report must be accepted by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. It should be noted that subsequent Stage 3 or 4 study may be recommended to mitigate any adverse impacts to significant archaeological resources found on the site through preservation or resource removal and documentation. If the licensed archaeologist or the Ministry recommends/requires further Stage 3 or 4 Archaeological Assessments, these report(s) must also be submitted to and accepted by the Ministry, to the satisfaction of Niagara Region. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 28. That the following clause be included in the condominium agreement: “Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) (416- 212-8886) and a licensed archaeologist is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human Page 390 of 551 11 PBD-2020-82 December 8, 2020 remains are associated with archaeological resources, MHSTCI should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” Regional Notes: 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 the Niagara Region. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clause pertaining to these conditions have been included. A copy of the executed agreement shall also be provided prior to registration. 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 applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. 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 4 (inclusive) - Legal Services for Conditions 5 and 6 - Municipal Works Department for Conditions 7 to 16 (inclusive) - Fire Services for Conditions 17 - Bell Canada for Condition 18 - Enbridge Gas for Condition 19 - Canada Post for Conditions 20 to 22 (inclusive) - Regional Niagara Public Works Department for Conditions 23 to 28 (inclusive) Page 391 of 551 PBD-2020-84 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-84 Revitalization Grant Application – DRU-2020-001 Commercial Building & Façade Improvement Grant 5821-5823 Ferry Street Applicant: David Tetrault and Doddy Sardjito. RECOMMENDATION That Council approve the Commercial Building and Façade Improvement Grant and Revitalization Grant Application for 5821-5823 Ferry Street, subject to the owner satisfying the program requirements. EXECUTIVE SUMMARY The requested grant application can be supported because: • The façade and building improvements will improve the streetscape along Ferry Street and bring a commercial use back into a vacant building; and • The façade and building improvements comply with the City’s grant programs. The façade and building improvement grants would total $25,000 with the City contributing one half and the Region contributing one half. Funding is available within the Historic Drummondville CIP reserve. BACKGROUND The subject 301 sq. m. (3246 sq. ft) building is located on the north side of Ferry Street east of Main Street (see Appendix 1). It was formerly the location of Muller’s Work Wear. The applicant has proposed renovations to convert the commercial area on the ground floor into a Wedding Museum and to retain the existing second floor residential unit on the second floor. The Owners wish to occupy a residential unit on the main floor. Façade Improvement Grant The improvements to the building façade along Ferry Street include removal of metal siding material and repair to the original brick work of the building, removal of the existing sign and repair of the remaining hole with a sign block, the addition of moulding along the roofline and windows, and replacement of the second floor windows (see Appendix 2). Page 392 of 551 2 PBD-2020-84 December 8, 2020 The estimated costs for the façade work total $17,260. The Façade Improvement Grant can provide a total of 50% of the estimates up to $10,000. Under the grant program an additional $5,000 grant is available for properties that have highly visible frontage along Ferry Street. This application would qualify for the additional $5,000. If supported the Façade Improvement Grant would total $15,000. The City’s contribution to this grant would be $7,500 with the remaining $7,500 contributed under the Region’s Smarter Niagara Incentive Program (SNIP). Commercial Building Improvement Grant The Commercial Building Improvement Grant can provide a matching grant equivalent to 50% of eligible building improvements and rehabilitation work up to a maximum of $10,000, whichever is less. The applicant has provided estimates of $78,120 for building improvements including: a roof replacement, structural repairs to ceilings floors, electrical upgrades; and replacement of the heating and ventilation systems. If supported, the Commercial Building Improvement Grant would total $10,000. The City and Region would both contribute $5,000 towards the grant. ANALYSIS/RATIONALE The rehabilitation of the property meets the intent of the Historic Drummondville Community Improvement Plan by utilizing a currently vacant commercial space. Due to needed roof repairs and interior water damage, the applicant has started on some of the needed repairs subsequent to the submission of the application and prior to the approval of Council. The remaining works are to be completed as soon as possible. The investment being made into the redevelopment of this prope rty at a very visible location near the main intersection of Historic Drummondville meets the intent of the program to revitalize the area. The site is near both the City’s Museum and Future Culture Hub. The works proposed are eligible under the Incentive Programs. FINANCIAL The funding for this request will come from the Historic Drummondvile CIP Special Purpose Reserve. The reserve has been established to provide funding for the City’s expenses related to non-interest loans and for qualified grants. There are sufficient funds available for the subject application. CITY’S STRATEGIC COMMITMENT The approval of the application will satisfy Council’s Strategic Priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of Historic Drummondville by assisting the property owner with building rehabilitation. Page 393 of 551 3 PBD-2020-84 December 8, 2020 LIST OF ATTACHMENTS Appendix 1 – Location Map Appendix 2 – Proposed Renovation Sketch Appendix 3 – Photos Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:cv Attach. Page 394 of 551 4 PBD-2020-84 December 8, 2020 APPENDIX 1 Location Map 5821-5823 Ferry Street Page 395 of 551 5 PBD-2020-84 December 8, 2020 APPENDIX 2 Proposed Renovations Sketch Page 396 of 551 6 PBD-2020-84 December 8, 2020 APPENDIX 3 Photos Figure 1 - Prior to siding removal Page 397 of 551 7 PBD-2020-84 December 8, 2020 Figure 2- After siding removal Figure 3- Stained Glass Detail Page 398 of 551 PBD-2020-85 December 8, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-85 2020 Program Extensions under the Downtown, Historic Drummondville and City-Wide Community Improvement Plans RECOMMENDATION It is recommended that Council support a one-year extension to the Downtown, Historic Drummondville and City-Wide Brownfields Community Improvement Plans to December 2021 and that a copy of this report be forwarded to the Niagara Region. EXECUTIVE SUMMARY In 2017, City Council approved an extension of the Downtown, Historic Drummondville and City- Wide Brownfields Community Improvement Plans (CIPs) to December 2019 with the intent to co- ordinate a complete review subsequent to the completion of Niagara Region’s review of their participation in community improvement plans. In 2019, the Region’s review was still ongoing and a further 1-year extension of these CIPs at their current level of funding was supported to allow for a co-ordinated review with Niagara Region in 2020. Due to unanticipated circumstances during 2020, the Regional review continues with an expectation that it will be completed in early 2021. Staff support another 1 year extension of these CIPs at their current level of funding to continue co-ordinated review of the Plans. BACKGROUND The Downtown, Historic Drummondville and City-Wide Brownfields programs have been in place for more than 10 years. Planning Report PBD-2017-19 reviewed the effectiveness of these plans and made suggestions for improving the administration of the associated incentive programs. The report also recommended an extension of the programs until December 2019 so that a comprehensive review may be undertaken in co-ordination with the Smarter Niagara Incentive Program (SNIP) review underway at the Region. Circumstances, including the Province’s governance review, changes to Provincial policy, and impact of the COVID pandemic in 2020 have led to a delay to the completion of this review. Regional Council considered and supported the recommendations of Regional Report PDS 34- 2019 in September 2019. The report concluded that current Regional incentive programs were put in place at a time of low growth and there was a need to attract investment in jobs, and that since then, the Region’s growth rate has improved thus making the current programs unsustainable. A refocus of the programs to reflect Council’s Strategic priorities was recommended and new incentive target areas were identified: affordable/rental housing, brownfield remediation, employment growth in key sectors and quality of life/public realm. Through the report, Regional Council also directed that their funding of current simple (non tax- increment based) incentive programs be referred to the 2020 budget process and now their 2021 budget process. Page 399 of 551 2 PBD-2020-85 December 8, 2020 The City has the option of suspending or extending the CIP programs pending a comprehensive review in line with the Region’s review. It is a proviso of the CIPs that incentives are subject to available funding at both the City and Regional level. ANALYSIS/RATIONALE CIP Activity The Downtown and Historic Drummondville CIPs have seen limited activity over 2020. A breakdown of the applications is included in Appendix A. However, Staff continue to receive expressions of interest in the programs. Interest in the Environmental Study Grant program under the City-Wide Brownfields CIP as seen consistent activity over the past 3 years. This incentive offers financial assistance for the preparation of Phase II Environmental Study Assessments or Remediation Plans. Where a low level of contamination has been identified, Owners have proceeded with cleanup without need of the Brownfields Incentive of Tax Assistance/Rehabilitation Grant and there has been no new application under this program over the past two years. Nevertheless, the importance of providing assistance for the clean-up of larger areas of contaminated lands remains and may become more important in the future as the availability of urban land decreases. Brownfield remediation has been specifically identified by the Region as an area focus for future CIPs and it is recommended by Planning Staff that the City’s current Brownfields CIP be extended and reviewed in co- ordination with future Regional programs. Options Council has the option of cancelling, suspending or extending the three CIPs discussed in this report. In consideration of the continued interest in the programs, albeit at a reduced level than previous years, Staff recommends the continuation of the incentives pending a completed review in line with Regional funding. The provision of incentives through these Plans is of more value to an applicant with the Region’s participation. Regional Council is considering the continued funding of their Smarter Niagara Incentive Program (SNIP) is some form while their program review is continuing however the amount and form of funding will be determined through their 2021 Budget deliberations which has not yet concluded. With an extension of the incentive programs the City can, at a minimum, continue to offer their share of the grants (being 25% matching grants or a rebate of City taxes only for revitalization grants) with the possibility of Regional contribution, if/when funding is available. It is the recommendation of Staff that the Downtown, Historic Drummondville and City-Wide Brownfields CIPs be extended to December 31, 2021. It is anticipated that Staff can, at that time or perhaps sooner, provide Council with recommendations and directions regarding the City’s CIPs that will address the identified needs at both the local and regional level and that will benefit from co-ordinated incentives. Page 400 of 551 3 PBD-2020-85 December 8, 2020 The Status of other City CIPs The City has had continued interest through the Economic Gateway CIP and corresponding Municipal Employment Incentive in 2020. Two new applications were considered with another from a previous year being re-activated. A total grant contribution of $520,170 (in reduced taxes) and $40,637 in fee waivers by the City alone for new employment development. The administration of previous approvals and the receipt of new inquiries continues. The City received and approved its first application under the Lundy’s Lane CIP in 2020 which offers an estimated tax revitalization grant to the total of $141,121. This update on the Gateway and Lundy’s Lane CIPs is provided for the information of Council only. FINANCIAL Funding through the 2020 Operating Budget is not required for the extension of the Community Improvement Plan programs discussed in this report. There are sufficient balances of funds remaining in the individual Special Purpose CIP Reserves which will be used. CITY’S STRATEGIC COMMITMENT The City’s CIPs contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment into the City. LIST OF ATTACHMENTS Appendix A – Update on Downtown and Historic Drummondville CIP Applications, 2017- 2020 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:cv Attach. Page 401 of 551 4 PBD-2020-85 December 8, 2020 APPENDIX A DOWNTOWN AND HISTORIC DRUMMONDVILLE CIP APPLICATIONS No. of Applications Grant Totals Year Downtown Drummondville Downtown Drummondville 2007- 2016 87 40 $730,294 $251,274 2017 5 0 $61,754 0 2018 0 1 $127,142 2019 0 1 $139,983 2020 0 2 Est. $15,000 & $5,550,000 includes Revitalization Grant Applications the Drummondville applications in 2018 and 2019 are Revitalization Grants there is one Commercial Building and Façade Improvement grant and one revitalization grant awaiting finalization for 2020 Page 402 of 551 TS-2020-33 December 8, 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-2020-33 Beck Road – Speed Limit Review RECOMMENDATION That the speed limit on Beck Road between Lyons Creek Road and a point 530 metres south of Lyons Creek Road be reduced from 70 km/h to 50 km/h. EXECUTIVE SUMMARY A capital works project to replace the bridge over the creek on Beck Road south of Lyons Creek Road is expected to begin in 2022. A reduction in the speed limit is warranted to reduce dynamic loads on the structure before it is rebuilt. The speed limit reduction is also warranted to accommodate the new vertical and horizontal roadway geometry of the proposed bridge and its transition to the existing road cross-section south of the structure. BACKGROUND Beck Road is a two-lane, two-way rural collector roadway. The legal speed limit of Beck Road is 70 km/h. The study area, between Lyons Creek Road and Logan Road consists of residential properties with flanking farm lands. An existing bridge is present approximately 185 metres south of Lyons Creek Road and spans for a length of 50 metres across the creek. The road width within the bridge cross-section is 5.8 metres and the structure can support a maximum of 12 tonnes. Beck Road carries approximately 750 vehicles daily. Except for a curve just south of the bridge deck, the road has a predominantly straight and level alignment providing motorists with good visibility in both directions. ANALYSIS/RATIONALE A capital works project to replace the bridge over the creek on Beck Road south of Lyons Creek Road was anticipated to begin in 2021. The project has however been delayed due to an endangered plant species discovery by the MECP, which will require a dedicated permit for safe relocation of the flora. As a result, the anticipated overpass replacement is expected to be delayed into 2022. Page 403 of 551 2 TS-2020-33 December 8, 2020 Staff is recommending that the speed limit on Beck Road between Lyons Creek Road and a point 530 metres south of Lyons Creek Road be reduced from 70 km/h to 50 km/h. The reduction is warranted to reduce the dynamic load of vehicles over the existing bridge, given the poor condition of the current structure. Secondly, the new bridge will consist of improved vertical and horizontal alignments that has been designed for a 50 km/h speed limit, due to the road having to tie into the existing road cross-section south of the bridge. Figure 1. Facing North on Beck Road towards Existing Overpass A collision analysis identifies that there have not been any reported collisions on Beck Road between Lyon’s Creek Road and Logan Road in the previous three years. All existing traffic signs were observed to be in good condition and installed accordingly with provincial guidelines. These signs include informative signs related to the overpass such as Narrow Structure, as well as 12 tonnes load signs indicating the maximum sustainable load across the bridge. Based on various technical factors, including road geometry, cross-section and the current condition of the overpass, a 50 km/h speed limit is justified for this section of Beck Road. Therefore, Staff is recommending that the speed limit be reduced from 70 km/h to 50 km/h on Beck Road between Lyons Creek Road and a point 530 metres south of Lyons Creek Road. The reduced speed limit will begin 100 metres from the cluster of residential homes. Page 404 of 551 3 TS-2020-33 December 8, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the speed limit signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2020 General Purposes Budget. Installing the signs is estimated to cost approximately $350. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area Drawing Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Mat B. Page 405 of 551 TS-2020-33 Beck Road Speed Limit Review Proposed 50 km/h Zone Page 406 of 551 TS-2020-34 December 8, 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-2020-34 Railway Safety Improvement Program – Funding Approval RECOMMENDATION 1. That the Chief Administrative Office, or designate, be authorized to execute a Contribution Agreement with Transport Canada for the City’s participation in this program. 2. That the Chief Administrative Officer, or designate, be authorized to execute a Purchase Agreement with Trainfo Corporation for the provision of the railway sensors and software applications included in the Transport Canada Application. EXECUTIVE SUMMARY The City of Niagara Falls was selected for 2020-2021 Rail Safety Improvement Funding in June 2020 for approximately $444,000, with the City being responsible for 20 percent ($88,800). The program’s objectives are to improve rail safety, contribute to increasing safety at grade crossings and along rail lines, and increase public confidence in Canada’s rail transportation system. This project was included in the 2021 Capital Budget deliberations and approved during the November 17, 2020 Council meeting. This project will implement a City-wide information system, along the CN Stamford subdivision, to help emergency vehicles avoid blocked rail crossings when responding to an emergency. Specifically, the project will deploy TRAINFO's technologies which use train detection sensors to obtain rail crossing blockage information and specialized software to predict when crossings will be blocked and the blockage duration. This information can be integrated into the City's emergency dispatch system and delivered to drivers to reduce collision risk exposure between emergency vehicles and trains as well as collision risk with other road users. Page 407 of 551 2 TS-2020-34 December 8, 2020 BACKGROUND Transport Canada’s Rail Safety Improvement Program provides federal funding in the form of grants or contributions to provinces, territories, municipalities, and local governments, road and transit authorities, crown corporations, for-profit and not-for-profit organizations (including academia), Indigenous groups, communities and organizations and individuals to help improve rail safety and reduce injuries and fatalities related to rail transportation. This year, the department is announcing more than $25 million to fund 165 projects in 2020-2021. The program’s objectives are to improve rail safety, contribute to increasing safety at grade crossings and along rail lines, and increase public confidence in Canada’s rail transportation system. City Staff initially applied for this program in July 2019, and were informed that the City was selected for 2020-2021 Rail Safety Improvement Funding in June 2020 for approximately $444,000, with the City being responsible for 20 percent ($88,800). Currently, there are three (3) sensors installed in the City of Niagara Falls, which have been reporting data on train activity since June 2019. The funding for these sensors was also obtained through a Transport Canada funding program. ANALYSIS/RATIONALE This project will implement a City-wide information system, along the CN Stamford subdivision, to help emergency vehicles avoid blocked rail crossings when responding to an emergency. Specifically, the project will deploy TRAINFO's technologies which use train detection sensors to obtain rail crossing blockage information and specialized software to predict when crossings will be blocked and the blockage duration. This information can be integrated into the City's emergency dispatch system and delivered to drivers to reduce collision risk exposure between emergency vehicles and trains as well as collision risk with other road users. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This project requires the purchase of 11 train detection sensor and software to predict rail crossing blockages. Initial estimated costs were $294,000. Funding from Transport Canada's Rail Safety Improvement Program (RSIP) had been applied for ($235,200). The remaining funding $58,800, was approved in the City's 2020 Capital Budget. Following the 2020 Capital budget approvals, Transport Canada has since approved this project for a total project value of $444,000, with the City responsible for 20 percent or $88,800. In order to obtain this increased funding, the City will be responsible to increase their contribution by an additional $30,000. This increase will allow for additional years of software, licensing and warranty fees to also be included in the grant application. Page 408 of 551 3 TS-2020-34 December 8, 2020 This project was included in the 2021 Capital Budget deliberations and approved during the November 17, 2020 Council meeting. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS 1. Capital Project Tracking Sheet. 2. TRAINFO Information Sheet Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Mat B. Page 409 of 551 Requesting Department:Total Project Division:Cost:444,000 Project Name: Project Description: Pre-2021 2021 2022 2023 2024 Opening Balance - Jan. 01 (Surplus)/Deficit Expenditure Forecast Consulting Land/Building Furniture/Equipment Construction: Roads Water Storm Sewers Sanitary Sewers Sitework/Landscaping Contingency Other 294,000 150,000 TOTAL EXPENDITURES 294,000 150,000 - - - Funding Sources Transfer from Operating Transfer from Sewer Transfer from Water Capital SPRs (30,000) OLG Reserve Fund (58,800) Reserve Funds Development Charges Debentures Federal/Provincial Gas Tax Federal/Provincial Grants (235,200) (120,000) External Contributions Other TOTAL FUNDING SOURCES (294,000) (150,000) - - - Closing Balance - Dec. 31 (Surplus)/Deficit - - Capital Budget Worksheet 2021 - - - - - Municipal Works Transportation Services Railway Sensors - - - Installation of train detection sensors at 11 railway crossings. Page 410 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS TRAINFO CROSSING INSIGHTS Understand When And How Long Railroad Crossings Are Blocked THE PROBLEM Public agencies have difficulty knowing when and how long railroad crossings are blocked. THE SOLUTION TRAINFO Crossing Insights provides the best railroad crossing blockage data on the market. FEATURES Online data portal with live map and interactive dashboard Live map showing blocked crossings Detailed statistics • Crossing blockages by hour-of-day • Crossing blockages by day-of-week • Blockage duration distribution Application programming interface Raw data download Page 411 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS TRAINFO CROSSING INSIGHTS With TRAINFO Crossing Insights you have online access to the most accurate and detailed crossing blockage data. The sample dashboard below illustrates the type of data available. See www.trainfo.ca for a demo. Map of railroad crossings. 1 Snapshot of how many times a crossing was blocked each day. Allows you to quickly see trends. 5 Snapshot of how long a crossing was blocked each day. Determine if blockages are getting longer. 6 Shows which days of the week are blocked the most. 7 Shows which times of the day are blocked the most. 8 Filter and search for crossing blockage data by date. 2 Quickly see the average and longest blockage duration. 3 Download raw data in CSV file format. 4 1 2 3 4 5 6 7 8 Page 412 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS • 4 months of 24/7 data collection PERFORMANCE METRICS PRODUCED: • Crossing Blockage Frequency & Duration • Travel Time With and Without a Crossing Blockage • Vehicle Delay Caused by Crossing Blockages • Rank and prioritize railway crossings for improvements • Evaluate options to mitigate traffic impacts • Apply for funding support to implement mitigative measures FEATURES APPLICATIONS TRAINFO CONGESTION INSIGHTS Understand Traffic Impacts Of Blocked Railroad Crossings THE PROBLEM Public agencies have difficulty understanding the traffic impacts caused by blocked railroad crossings. THE SOLUTION TRAINFO Congestion Insights is the most accurate method to measure traffic delays at railroad crossings. HOW IT WORKS Bluetooth sensors are installed on either side of the railway crossing. They measure travel time with and without a crossing blockage. Train sensors are installed at the railway crossing. It measures when crossings are blocked. TRAINFO produces a detailed traffic congestion report. TRAINFO’s proprietary software analyzes data from Bluetooth and train detection sensors. Page 413 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS Hour of Day 36912151821 Hour of Day 36912151821 QUANTIFYING TRAFFIC DELAY AT RAILROAD CROSSINGS: TRAINFO Congestion Insights Versus Conventional Methods When comparing the TRAINFO method to the conventional method we consistently find that the conventional method underestimates delays by up to 500%. Why is this? It’s the difference between measuring and modeling delay. CONVENTIONAL METHODS TRAINFO CONGESTION INSIGHTS MODELING APPROACH Conventional methods model delays at railroad crossings rather than measure them like TRAINFO Congestion Insights. This figure illustrates how conventional methods conceptualize traffic delay at a crossing with six trains per day and highlights major assumptions and limitations. MEASUREMENT APPROACH TRAINFO Congestion Insights measures traffic delay at a crossing using real-time data. The figure to the right illustrates how the TRAINFO method conceptualizes the same crossing as above with six trains and how it addresses the major limitations of conventional methods. Unable to account for vehicles that re-route due to the blockage. 1 Train detection sensors measure the exact time a crossing is blocked. 1 Incorrectly assumes that crossings are blocked at equal times throughout the day. 2 Bluetooth sensors measure the exact travel time when there’s a train. 2 Incorrectly assumes that travel time is constant throughout the day. 4 Incorrectly assumes that each blockage is the same duration. 3 Traffic delay is calculated by comparing travel time with a train to expected travel time without a train. 3 Travel time with train blockage Travel time without train blockage Train crossing blockage duration Delay caused by train 1 2 3 4 1 2 3 Page 414 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS TRAINFO MOBILITY Mitigate Traffic Impacts Caused by Blocked Railroad Crossings Public agencies have few options to mitigate traffic impacts caused by blocked railroad crossings. TRAINFO Mobility offers the most effective ITS solution to mitigate traffic delays at railroad crossings. TRAINFO Mobility uses innovative technologies to predict traffic delays caused by railroad crossing blockages and advanced information systems to mitigate these delays. EFFECTIVE Address public complaints about travel delays at railroad crossings AFFORDABLE Low-cost solution that can easily fit within your existing budget Bluetooth sensors determine travel time when a crossing is blocked. TRAINFO’S software predicts travel delays caused by blocked crossings and delivers this information to motorists and engineers. Roadside dynamic message signs notify motorists about crossing blockage delays. Mobile apps notify motorists about crossing blockage delays and provide re-route options. TRAINFO integrates into traffic signals to automatically adjust timing plans to reduce traffic delays. Train sensors determine when crossings are blocked. Innovative Technologies to Predict Traffic Delays Advanced information systems to mitigate traffic delays Page 415 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS TYPICAL INSTALLATION DIAGRAM TRAINFO Mobility requires the installation of train sensors to determine when the crossing is blocked, Bluetooth sensors to determine travel delays caused by blockages, and dynamic message signs to notify motorists about travel delays. TRAINFO Mobility can also integrate into mobile apps to notify motorists about travel delays and into traffic signals to automatically adjust signal timing based on real-time traffic data. • “ I use the roadside sign every day to decide if I should re-route around the crossing.” • ”I feel calmer when dealing with blocked crossings now that I know how long I will be delayed.” • “Now that I see the amount of delay I am going to expect, I don’t see why we need an underpass.” WHAT ARE MOTORISTS SAYING? BLUETOOTH SENSORS are installed on either side of the railroad crossing. They measure travel time with and without a crossing blockage. TRAINFO integrates into TRAFFIC SIGNALS to automatically adjust timing plans to reduce traffic delays. TRAIN SENSORS are installed at the railroad crossings to measure crossing blockages. ROADSIDE DYNAMIC MESSAGE SIGNS are installed along the road to notify motorists about crossing blockage delays. MOBILE APPS in vehicles notify motorists about crossing blockage delays and provide re-route options. Page 416 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS Reliable Accurate Installed Off Rail Property Low-Cost TRAINFO sensors collect train movement data including movements other data sources neglect. 100 ft.10 ft. See Mounting Guidelines )( • Installed without coordination with rail companies • Supports real-time applications • On board cellular modem • Compatible with standard DSRC Roadside Units • 100 ft detection radius • Self-calibration feature allows for easy installation • 1-year warranty • Remote installation support FEATURES POWER SPECIFICATION: • Voltage Input: 6-30VDC • Nominal Power Consumption: <2W @ 12V • Max Power Consumption: 4W@12V DIRECT POWER OPTION • Power Input: 100-240VAC • Battery: 12VDC @ 14Ah • Weight: 30 lbs • Dimensions 14in x 12in x 6in SOLAR POWERED OPTION • Panel Rating: 100w @ 17.6VMP • Panel Dimensions: 40.5in x 26.5in. x 1.4in. • Total Weight: 60lbs • Battery: 12VDC @ 50Ah COMMUNICATION • Connectivity: 4G LTE w/ith 3G CDMA fallback • 10/100 Gigabit Ethernet • External integration Interface: 10/100 Gigabit Ethernet with static or dynamic addressing • Location service: GPS/GLONASS/BeiDou/Galileo/ QZSS AMBIENT OPERATING TEMP: • -40°C to 74°C CERTIFICATIONS: • CSA and FCC UPDATES: • Firmware updated remotely by TRAINFO at controlled crossings under normal conditions SPECIFICATIONS TRAINFO SENSOR Page 417 of 551 Contact us at contact@trainfo.ca todayRELIABLE RAILROAD CROSSING DATA to INFORM MOTORISTS and EMPOWER ENGINEERS “TRAINFO CONGESTION INSIGHTS showed that a significant portion of the congestion resulting from blocked crossings can be managed with better signal timing plans.” – City of Winnipeg Traffic Signals Engineer “TRAINFO CROSSING INSIGHTS has allowed us to respond to public complaints regarding crossing blockages with accurate, and reliable information.” – City of Vancouver Traffic Engineer REGARDING TRAINFO MOBILITY “I regularly use the sign warning me of a blocked crossing to reroute around train delays.” - Motorist Traffic impacts at railroad crossings are poorly understood due to insufficient data with few choices to mitigate these traffic impacts. TRAINFO solves this problem with THE TRAINFO WAY. The TRAINFO Way is a 3 Stage Approach: Understand when and how long railroad crossings are blocked. Understand traffic impacts caused by blocked railroad crossings. Mitigate traffic impacts caused by blocked railroad crossings Best railroad crossing blockage data on the market. Most accurate method to measure traffic delays at railroad crossings in the industry. Most effective ITS solution to mitigate traffic delays at railroad crossings. STAGE 1 CROSSING INSIGHTS CONGESTION INSIGHTS MOBILITY STAGE 2 STAGE 3 THE TRAINFO WAY The TRAINFO Way TRAINFO Products We have products to support you at whatever stage you are at in THE TRAINFO WAY Page 418 of 551 1z_>o>a>umz.zmc_.>mmo1:035?own,>1mm1.maE001.<<m__m:Q.0331.0Znw<<m Vt.m_m_%m<mn<>.1_oz1m_mU_..o:mmow_1mm.mam _ mm8.3__mmom.1mm..§ _ 2<2,:S8.8 Zo<m3cm1$_memo _<_m<o1U83:magOo:1.o__ 33Dcmm:m..1mm.H z_m©m1m_um__m.oz Emmxm Umm1_<_m<o1Qoam:msqOo:1.o=_ mm”Osmsomm8Oo:mm1<m:o:>cEo1:_mm>9magOo:mm1<m:o:>cEo1:_mm._»o_mE53cmm _u_m_EEo ._.:mz_m©m1m_um:Emc_mOo:mm1<m:o:>cEo1:<AZ_uO>vEmmUmm:xmmvEoEmm1.<_1o1.3m1:. 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Oo:mm_.<m:o:OamzodO=m3mmasommagm.:mm3_EEo_::_m:<mw s=._mmm>mosmsmmm8Em_m9m_m¢o:<<___Qmm?m32mwmaSummagoom?m+2Emoo:mm_.<m:o: mcEo:.n_mm_magEm:3c:_o__om__om_Em_.m.magco.?m3.m__<«mac:3qm_m<mEEmQm<m_o_o3m3 mu_o8<m_Eoommmu >20<<:mmm>m3::.o6m__amm<m_:mmag1m_<o_._Em:m.E$_zmgaamagEm?m?«mmoc?omm<sEE o::.:1mQ§_o:..o«Em:mm_Emag<<m__-_omEm9.?mmamamu3c:_o8m__:mm<m_:mEmoo:mm2m:o: m:.Eo::mm.E0218_2m<m2magBmsmomEm_3_omo.nm9..._ooQEmmagoEm1:m.EB_Emmmamwm:o_ 3c:_o__om_Emm<m_:mEmoo:mm_.<m:o:m:.Eo:.Q.m<<O_._A.8mzmc?mmm..moizasm<<m.mmn azmmmmomm.mm_._.mmmo_.<mu”Page 421 of 551 9°.“91:“ ...I>._.Em_u:o<Eom9.03.810So}<<_Eoo:mm_.<m:o:mcEo:Emw.8mQn:mmmEm:oo:om3m 3:mcmm_:_mm:n:o:m3m:q:éosmsomm8EmOo:mm:<m:.o:>:Eo:.:.mm>9msqEmEm::S© >3. ._._._>._.Em_u:o<Eom9.03610am_m<m:mo::m3Q.o_mcmmmmmmoasm3::.o8m_oo:omEm. ._..._>._.Em_u:o<:.om9.03.810n:o<Emm_o:um::m:m:_o:nmzogcc8Umom3_om:BB3: :o:-3m:Qm.82_o:o©:m3m.8m:mc_moooaimgoz9.O>-3c:_o€m_EgcaEoommmmm. ._._._>._.Em_u:o<:.om:mmnmo.nEmor::m2oo:mm..<m:o3mc.Eo::<\3::_o:mm_:m_mao:m:_vm. >20._._._>._.Em_u:o<Eomm3_o:momEm:_o:m-m?m:QEm_mm:Em:m:_v<<_EEmoo:mm_.<m:o: mcEo:EmmmagU:o<_QmEm3<sEEm.8o_mmag..:.m:Qm_:mmoc8mmEm<smmq.8mmmo:<m_< =:_m_m3m2Em:<<mHm:m:mQ3m:mmm3m2:o_m.Page 422 of 551 November 20, 2020 Honourable Jeff Yurek Minister of the Environment, Conservation and Parks 777 Bay Street, 5th Floor Toronto, ON M7A 2J3 Sent via email: minister.mecp@ontario.ca Re: Proposed changes to Conservation Authorities in Bill 229 Our File 60.2.99 Honourable Minister, At its meeting held on November 16, 2020, St. Catharines City Council approved the following motion: WHEREAS Conservation authorities work to safeguard, manage, and restore Ontario’s water through flood plain mapping, water quality monitoring, conservation land management, public education, and wetland stewardship; and WHEREAS Conservation Authorities collect data on water quality, flooding, fish communities, wetlands, and benthic invertebrates, and this data contributes to policy, science, education and human health; and WHEREAS the Ontario government’s recently proposed changes to Conservation Authorities in Bill 229 do not support climate resilience and may set back watershed planning and the implementation of an eco-system based approach; and WHEREAS the proposal in Bill 229 that only municipal councillors be appointed by a particular municipality as members of a conservation authority does not strengthen oversight and accountability and will exclude citizen appointees chosen by municipalities for their experience and skills; THEREFORE BE IT RESOLVED that Council strongly recommends that Schedule 6 of Bill 229 not be enacted in its present form and instead by withdrawn from Bill 229; and BE IT FURTHER RESOLVED that the Ministry support and enhance governance at conservation authorities by developing best management practices for the recruitment and selection of authority members, including best practices for the appointment of both elected and non-elected officials in consultation with municipalities; and Page 423 of 551 BE IT FURTHER RESOLVED that that the Ontario government immediately seek to ensure that the current mandate of the province’s 36 conservation authorities is maintained and enhanced, in order to effectively protect, restore and manage the watersheds where 95 percent of the people of Ontario reside; and BE IT FURTHER RESOLVED that this motion be sent to all Niagara MPPs, the municipalities of Haldimand and Hamilton, all Niagara municipalities, and the Ministry of the Environment, Conservation and Parks. If you have any questions, please contact the Office of the City Clerk at extension 1506. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em Cc. 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 Niagara Area Municipalities City of Hamilton Haldimand County Page 424 of 551 Report No. FA-63-20 Bill 229 Proposed Amendments to the Conservation Authorities Act Page 1 of 6 Report To: Board of Directors Subject: Bill 229 Proposed Amendments to the Conservation Authorities Act Report No: FA-63-20 Date: November 19, 2020 ______________________________________________________________________________ Recommendation: WHEREAS Bill 229, Protect, Support and Recover from COVID 19 Act -Schedule 6 – Conservation Authorities Act introduces changes and new sections that could significantly impact conservation authorities’ mandate of watershed-based natural resource management; alter good governance standards recommend by Ontario’s Auditor General; and weaken NPCA’s ability to serve its municipal partners and communities in the protection from natural hazards and conserving natural resources through its planning, permitting and enforcement activities; WHEREAS the proposed amendments have the potential to add significant delays in the planning and permitting process, add costs for all parties involved, and ultimately have the potential for significant impacts on Province’s ability to provide flooding and natural hazards management contrary to the Special Advisor’s Report on Flooding and Ontario’s Flooding Strategy; WHEREAS NPCA has already made significant investments to establish a very high standard of governance, transparency, accountability and progressive enforcement based on the Ontario Auditor General’s recommendations and streamlining our permitting and land use planning reviews through Conservation Ontario’s Client Service and Streamlining Initiative; WHEREAS NPCA and other Conservation Authorities take pride in being a science-based community-focused delivery partner to the Province and municipalities for over seven decades in supporting sustainable growth and green economy for the future of Ontario’s taxpayers; THEREFORE, BE IT RESOLVED: 1. THAT the NPCA Board of Directors REQUESTS the Government of Ontario to remove the proposed Schedule 6 from Bill 229 and continue to work with conservation authorities on regulations proposed under previous Bill 108 to achieve desired improvements in the planning process. 2. AND FURTHER THAT the attached draft letter BE FINALIZED for signature by the Chair and Vice Chair and BE SENT to the Premier, Minister of Environment, Conservation and Parks, the Minister of Natural Resources and Forestry, the Minister of Municipal Affairs and Housing, the Minister of Finance, the Auditor General; partner municipalities, and Conservation Ontario. 1 Page 425 of 551 Report No. FA-63-20 Bill 229 Proposed Amendments to the Conservation Authorities Act Page 2 of 6 Purpose: The purpose of this report is to update the Board on proposed changes to the Conservation Authorities Act. These changes form Schedule 6 of Bill 229, which is the Protect, Support and Recover from COVID-19 Act (Budget Measures). Background: Bill 229 was introduced on November 5, 2020 as part of the Ontario Budget and proposes changes to a number of different pieces of legislation. Among those is the Conservation Authorities Act (CAA). As the changes to the CAA are part of the proposed Budget, there is no consultation period. The proposed changes are significant and cover multiple sections of the CAA, including areas that are unproclaimed. Details of proposed changes were provided by Conservation Ontario and are attached as Appendix 1. A brief overview of the key changes proposed is as follows: • Require Conservation Authority (CA) Boards be comprised of members from municipal councils; • Remove an unproclaimed section that would have allowed the Province to prescribe Board member skills and qualifications; • New requirement for Board members to act honestly and in good faith and, in the case of the members appointed by participating municipalities, shall generally act on behalf of their respective municipalities; • Require that the Chair/Vice-Chair positions are one year in duration and that no member may sit in those positions for more than two consecutive terms; • Allowing for the Minister (unclear if Minister of Natural Resources and Forestry or Environment, Conservation and Parks) to appoint a member of the CA Board from the Agricultural sector; • Remove reference to “further the conservation, restoration, development and management of natural resources” from the Objects of a CA; • Remove the ability of CAs to expropriate land; • Revising the unproclaimed Sections of the CAA that pertain to the programs and services provided by a CA to require some programs and services to be prescribed through Regulation; • Add the ability for a Permit applicant to appeal the Permit fees; • Add (to an unproclaimed Section) the ability for the Minister to appoint an Administrator of the CA following an investigation to the CA’s operations; • Ability of a Permit applicant to appeal a CA’s lack of decision after 120 days to the Local Planning Appeal Tribunal (LPAT); • Ability to request the Minister review a CA’s decision on a Permit application; • Ability to appeal a CA’s decision on a Permit application to the LPAT; • Gives the Minister the ability to issue Permits (Minister’s Order); • Modification to the Planning Act that will remove a CA’s ability to appeal an approval authority’s decision to the LPAT; • Modification to the requirements for entry onto property for compliance/enforcement purposes; and • Removal of the unproclaimed section that would have allowed CAs the ability to issue stop- work orders. 2 Page 426 of 551 Report No. FA-63-20 Bill 229 Proposed Amendments to the Conservation Authorities Act Page 3 of 6 A webinar was held by the Ministry of Environment, Conservation and Parks (MECP) on November 9, 2020 with staff from Conservation Ontario and Ontario’s 36 Conservation Authorities. This was an opportunity to ask questions of MECP staff about the proposed changes. There was little new information provided but MECP staff confirmed that there will be a draft Regulation on CA programs and services circulated for review later this Fall. Ministry staff advised that details about transition for the new changes will follow in the future and, in some cases, be detailed through future Regulations. As of November 16, 2020, Bill 229 was to be considered for Second Reading by the Ontario Legislature. The posting for the proposed changes to the CAA can be found at: https://ero.ontario.ca/notice/019-2646. Discussion: The changes contemplated under Bill 229 are significant to not only the NPCA but to all CAs. NPCA staff have been working to understand the full implications of the proposed changes, however, much remains unknown until further Regulations are developed or more details provided by the Province. NPCA supports the changes made to enhance the transparency and accountability of conservation authorities. Changes proposed have already been implemented to provide highest level of customer service standards and transparency to our communities. However, several amendments are contrary to the recommendations in the 2018 Auditor General’s (AG) Report on the NPCA Audit. Governance The proposed governance model seems to be unprecedented (against standards of good governance) and potentially unworkable in practice. The standards of care for directors are set out under the Business Corporations Act: “Every director and officer of a corporation in exercising his or her powers and discharging his or her duties to the corporation shall, (a) act honestly and in good faith with a view to the best interests of the corporation….; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances”. The proposed changes are contrary to the fiduciary responsibilities of a public body and challenges the purpose of CAs to address watershed issues that transcend municipal boundaries. The Auditor General in her Audit recommended that the Ministry of the Environment, Conservation and Parks clarify board members’ accountability to the CA, to which the ministry response was in agreement. Additionally, NPCA’s community appointed members bring a diverse range of expertise and skill set to the current Board. The proposed amendments are of concern to both NPCA and our partner municipalities as municipalities will no longer be able to appoint a member of the public to the Board and the specification of ‘municipal councilor’ rather than “municipally elected official” may exclude Mayors. Over the past two years, NPCA has invested significant time and resources to successfully deliver on the Auditor General’s recommendations specifically related to strengthening the NPCA’s Governance as well as Planning and Enforcement functions. Staff are concerned that the proposed changes would be a step back for CAs and undo this work. At the time of drafting this report staff were in the process reaching out to the AG’s office for direction. 3 Page 427 of 551 Report No. FA-63-20 Bill 229 Proposed Amendments to the Conservation Authorities Act Page 4 of 6 Mandate of CA (Objects Powers and Duties Section 20 and 21 of CAA) The proposed changes to a CA’s mandate are problematic. CAs are resource management agencies and have a long history of studying and understanding our watersheds. This has significantly assisted our municipal partners in their work, particularly around Land Use Planning, in understanding priority areas for protection and restoration. We also provide residents of our watershed with important programs for restoration that is not provided by any other level of government. Removal of the Natural Resource Mandate of CAs as stated in Section 20 opens the door for the Province to scale back the important work of CAs such as watershed-scale monitoring, data collection management and modelling; watershed-scale studies, plans, assessments and strategies; and watershed-wide actions including stewardship, communication, outreach and education activities that protect our environment on a watershed basis. CAs will now have to rely on the Province to include these functions specifically in a Regulation. Planning and Permitting (Section 28 CAA) CA’s have a critical role in protecting lives and property from natural hazards and we achieve that through our permit process and our involvement in municipal Land Use Planning. The proposed amendments will limit a CA’s ability to undertake non-partisan, transparent, and technically sound decision making and will allow individuals to circumvent the technical CA permitting process. The MECP has indicated that the proposed changes around appeals being heard by the LPAT is intended to make the Permit process more efficient. NPCA staff are concerned that given the appeal periods specified in the proposed changes combined with the amount of time it takes to go through an appeal at the LPAT, this will have the opposite effect on Permit timelines. In addition, where the Minister issues an order to make a decision on a Permit application, it is not clear how decisions would be made and if watershed context, or CA Board of Directors’ approved regulatory policies will be regarded. CA staff provide evidence-based expertise on a diverse range of technical issues including, water resources engineering, environmental planning and ecology, necessary for sound decision making. It is not clear who will provide this advice to the Minister in making these decisions. This process may be perceived as lacking transparency. For the reasons stated above, the proposed changes will result in increased legal costs to CA’s municipalities, and/or all Permit applicants. Staff will end up spending a significant amount of time preparing for and attending unnecessary LPAT hearings and will lead to a more burdensome, litigious and adversarial process. This will set back the Client Service improvements undertaken by CA’s in the past few years. The Mining and Lands Tribunal has the case law history and experience in adjudicating CAA cases. It is not clear what support will be available to LPAT members to be able to provide timely, consistent and sound decisions. Finally, the proposed changes would see the removal of the unproclaimed Section that would have enabled a Stop-Work Order for enforcement purposes. This tool was recently added to the legislation (2019), after years of debate, to enable CAs to immediately stop activities which could cause high risk to life and property and environmental damage and allow time for a negotiated resolution of the matter. This is a major setback as CA’s would continue to lack the legal authority to require a person committing a violation to cease. The violation could continue while the CA is investigating, leaving the only recourse for the CA to be to seek a court injunction. 4 Page 428 of 551 Report No. FA-63-20 Bill 229 Proposed Amendments to the Conservation Authorities Act Page 5 of 6 Land Use Planning The loss of the right of appeal for a CA on Land Use Planning decisions is concerning. This creates the potential for decisions contrary to CA Regulations or hazard mandate being left unchallenged. It would also mean that a CA could be in a position where a Permit cannot be issued for a project authorized by a municipality. This would add considerable delays for developers and runs contrary to streamlining CA roles in Permitting and Land Use Planning. This change is also of significant concern for NPCA as a Landowner as it takes away NPCA’s right to appeal planning decisions as a landowner when infrastructure or other activities may be proposed on CA lands. The 2019 Provincial Flood Advisor’s report noted the important role that CAs play in the Land Use Planning process. The main legislative tools used to manage flood risk, the report states, include the Planning Act together with the Provincial Policy Statement (PPS) and the CAA. As a result of the Flood Advisor’s recommendations, the 2020 PPS was revised to state that mitigating natural hazard risks, including those associated with climate change, will require the province, planning authorities, and conservation authorities to work together. This change may also limit future ability of CA’s to address extreme weather and climate change issues. Transition Provisions NPCA staff have learned that the expected transition period for the implementation of municipal MOUs would be one year, such that the changes would take effect January 2022 budget year. This timeline is seriously problematic as Regulations may only be finalized in mid-year 2021 leaving inappropriate amount of time to finalize MOUs and address program changes in 2022 budgets. NPCA’s partners municipalities may also not be able to meet this timeframe. NPCA Advocacy and Communication Activities • Letter to the Premier, Ministers of Municipal Affairs and Housing, Natural Resources and Forestry, and Environment, Conservation and Parks, as well as the Auditor General (Appendix 2) • A media statement and subsequent media release issued • Letters have been sent to all to NPCA partnering municipalities to ask for their endorsement (Appendix 3) • Chair, Vice Chair and CAO met both MPP Skelly and Oosterhoff to discuss our concerns and next steps. • Letters have been sent to all area MPPs (Appendix 4) • CAO, Chair and Vice Chair are also entertaining Media inquiries. • Key messages are being distributed through various media platforms. NPCA’s Public Advisory Committee is being updated on a regular basis and NPCA is working closely with Conservation Ontario and neighboring conservation authorities. Financial Implications: The proposed changes to the CAA, specifically to a CA’s mandate, will have significant future budget implications and increased financial costs resulting from delays and legal actions. The full financial 5 Page 429 of 551 Report No. FA-63-20 Bill 229 Proposed Amendments to the Conservation Authorities Act Page 6 of 6 implications of these changes will not be known until we see the proposed Regulation for CA programs and services, which is supposed to be available for comment this Fall. Related Reports and Appendices: Appendix 1 – Summary of Proposed Amendments to the Conservation Authorities Act & Planning Act through Bill 229 and Implications Appendix 2 – Draft Letter to the Premier, Ministers and Auditor General Appendix 3 – Example of Municipal Letter Appendix 4 – Example of MPP letter Authored by: Authored by: Original Signed by: Original Signed by: _____________ _____________ David Deluce, MCIP, RPP Darren MacKenzie, C.Tech., rcsi Senior Manager, Planning & Regulations Director, Watershed Management Authored by: Original Signed by: ____________ Misti Ferrusi, B.A., CHRL Human Resources Manager Reviewed and Submitted by: Original Signed by: ____________ Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer 6 Page 430 of 551 Appendix 1 to Report FA-63-20 1 Conservation Ontario, November 11, 2020 Summary of Proposed Amendments to the Conservation Authorities Act & Planning Act through Bill 229 and Implications Description of Proposed Amendments Implications to Conservation Authorities Existing aboriginal or treaty rights Section 1 is amended to include a non-abrogation clause with respect to aboriginal and treaty rights. No concern. Members of authority Section 14 is amended to ensure that the members of a conservation authority that are appointed by participating municipalities are municipal councillors. The Minister is given the authority to appoint an additional member to a conservation authority to represent the agricultural sector. The powers to define in regulation the composition, appointment or minimum qualifications for a member of the Board have been repealed. The duties of a member are amended, every member is to act honestly and in good faith and shall generally act on behalf of their respective municipalities. There may be a municipal concern. Municipalities will no longer be able to appoint a member of the public to the Board and the specification of ‘municipal councillor’ rather than “municipally elected official” may exclude Mayors. There may be a municipal concern. Should the Minister choose to appoint a member to represent the agricultural sector it is assumed that candidates would apply through the Public Appointments Secretariat. It is also assumed that these appointments would have the same voting privileges as all members and would be entitled to receive per diems and to be appointed as the chair or vice-chair. There may be a municipal concern. There is no opportunity to manage these legislative amendments through the regulations process as Bill 229 has removed the ability to prescribe by regulation, the composition, appointment, or qualifications of members of CAs. Significant concern. The amendment that would require members to act on behalf of their respective municipalities contradicts the fiduciary duty of a Board Member to represent the best interests of the corporation they are overseeing. It puts an individual municipal interest above the broader watershed interests further to the purpose of the Act. 7Page 431 of 551 Appendix 1 to Report FA-63-20 2 Conservation Ontario, November 11, 2020 Description of Proposed Amendments Implications to Conservation Authorities Meetings of authorities Section 15 is amended to require that meeting agendas be available to the public before a meeting takes place and that minutes of meetings be available to the public within 30 days after a meeting. They are to be made available to the public online. No concern. CA Administrative By-Laws were completed by the December 2018 legislated deadline and, as a best practice, should already address making key documents publicly available; including meeting agendas and meeting minutes. Chair/vice-chair Section 17 is amended to clarify that the term of appointment for a chair or vice-chair is one year and they cannot serve for more than two consecutive terms. There may be a municipal concern. Municipal Councillor interest and availability regarding this requirement is to be determined. Objects Section 20 objects of a conservation authority are to provide the mandatory, municipal or other programs and services required or permitted under the Act and regulations. No concern. Previously the objects of an authority were to undertake programs and services designed to further the conservation, restoration, development and management of natural resources. This is still reflected in the Purpose of the Act. The objects now reference the mandatory and non-mandatory programs and services to be delivered. The “other programs and services” clause indicates that “an authority may provide within its area of jurisdiction such other programs and services as the authority determines are advisable to further the purposes of this Act”. Powers of authorities Section 21 amendments to the powers of an Authority including altering the power to enter onto land without the permission of the owner and removing the power to expropriate land. No concern Programs and Services Section 21.1 requires an authority to provide mandatory programs and services that are prescribed by regulation and meet the requirements set out in that section. Section 21.1.1 allows authorities to enter into agreements with participating municipalities to provide programs and services on behalf of the municipalities, subject to the regulations. Significant concern. The basic framework of mandatory, municipal and other program and services has not changed from the previously adopted but not yet proclaimed amendments to the legislation. What has now changed is that municipal programs and services and other programs and services are subject to such standards and requirements as may be prescribed by regulation. Potentially the regulations could 8Page 432 of 551 Appendix 1 to Report FA-63-20 3 Conservation Ontario, November 11, 2020 Description of Proposed Amendments Implications to Conservation Authorities Section 21.1.2 would allow authorities to provide such other programs and services as it determines are advisable to further the purposes of the Act, subject to the regulations. restrict what the Authority is able to do for its member municipalities or to further the purpose of the Act. Agreements for ‘other programs and services’ An authority is required to enter into agreements with the participating municipalities in its jurisdiction if any municipal funding is needed to recover costs for the programs or services provided under section 21.1.2 (i.e. other program and services). A transition plan shall be developed by an authority to prepare for entering into agreements relating to the recovery of costs. *All programs and services must be provided in accordance with any prescribed standards and requirements.* NOTE- this new addition is addressed as a significant concern under Programs and Services above. Potential concern. This appears to be a continuation of an amendment previously adopted but not yet proclaimed. MECP staff indicate that the current expectation is that the plan in the roll-out of consultations on regulations is that the Mandatory programs and services regulation is to be posted in the next few weeks. It is noted that this will set the framework for what is then non-mandatory and requiring agreements and transition periods. MECP staff further indicated “changes would be implemented in the CA 2022 budgets” which is interpreted to mean that the Transition period is proposed to end December 2021. Subject to the availability of the prescribed regulations this date is anticipated to be challenging for coordination with CA and municipal budget processes. Fees for programs and services Section 21.2 of the Act allows a person who is charged a fee for a program or service provided by an authority to apply to the authority to reconsider the fee. Section 21.2 is amended to require the authority to make a decision upon reconsideration of a fee within 30 days. Further, the amendments allow a person to appeal the decision to the Local Planning Appeal Tribunal or to bring the matter directly to the Tribunal if the authority fails to render a decision within 30 days. Some concern. Multiple appeals of fees have the potential to undermine CA Board direction with regard to cost recovery and to divert both financial and staff resources away from the primary work of the conservation authority. Provincial oversight New sections 23.2 and 23.3 of the Act would allow the Minister to take certain actions after reviewing a report on an investigation into an authority’s operations. The Minister may order the authority to do anything to prevent or remedy non-compliance with the Act. The Minister may also recommend that the Lieutenant Governor in Council No concern. This appears to be an expansion of powers previously provided to the Minister. 9Page 433 of 551 Appendix 1 to Report FA-63-20 4 Conservation Ontario, November 11, 2020 Description of Proposed Amendments Implications to Conservation Authorities appoint an administrator to take over the control and operations of the authority. Ministerial Review of Permit Decisions Subsection 28.1 (8) of the Act currently allows a person who applied to a conservation authority for a permit under subsection 28.1 (1) to appeal that decision to the Minister if the authority has refused the permit or issued it subject to conditions. Subsection 28.1 (8) is repealed and replaced with provisions that allow the applicant to choose to seek a review of the authority’s decision by the Minister or, if the Minister does not conduct such a review, to appeal the decision to the Local Planning Appeal Tribunal within 90 days after the decision is made. Furthermore, if the authority fails to make a decision with respect to an application within 120 days after the application is submitted, the applicant may appeal the application directly to the Tribunal. Significant concern. These amendments provide two pathways for an applicant to appeal a decision of an Authority to deny a permit or the conditions on a permit. One is to ask the Minister to review the decision; the other is to appeal directly to the Local Planning Appeal Tribunal. Appeals brought through these processes will create additional workload for the Authority and increase the amount of time that a permit appeal process takes. New guidelines will need to be created to support the Minister and the LPAT in their decision-making processes. There is no reference to a complete application being submitted prior to the 120 day “clock” being started. Minister’s Order Re. S. 28 Permit New section 28.1.1 of the Act allows the Minister to order a conservation authority not to issue a permit to engage in an activity that, without the permit, would be prohibited under section 28 of the Act. After making such an order the Minister may issue the permit instead of the conservation authority. Significant concern. These powers appear to be similar to a Minister Zoning Order provided for under the Planning Act. Should the Minister decide to use these powers it is appears that the CA may be required to ensure compliance with the Minister’s permit. Cancellation of Permits Section 28.3 of the Act is amended to allow a decision of a conservation authority to cancel a permit or to make another decision under subsection 28.3 (5) to be appealed by the permit holder to the Local Planning Appeal Tribunal. Some concern. Some conservation authorities use the cancellation of a permit as part of their compliance approach; the ability to appeal to the LPAT will add 90 days to the process prior to a LPAT hearing taking place. Renders the tool ineffective if the permit holder decides to appeal. Entry Without Warrant, Permit Application Some concern. The changes are to amendments previously adopted but not proclaimed. For considering a permit application, the officer is now required to give reasonable notice to the owner and to the 10Page 434 of 551 Appendix 1 to Report FA-63-20 5 Conservation Ontario, November 11, 2020 Description of Proposed Amendments Implications to Conservation Authorities Subsection 30.2 (permit application) of the Act sets out circumstances in which an officer may enter land within the area of jurisdictions of an authority. Those circumstances are revised. occupier of the property, which may result in increased administrative burden for the CA. It also appears to remove the ability to bring experts onto the site. Entry Without Warrant, Compliance Subsection 30.2 (compliance) of the Act sets out circumstances in which an officer may enter land within the area of jurisdictions of an authority. Those circumstances are revised. Significant/Some concern. The revisions essentially undo any enhanced powers of entry found within the yet to be proclaimed enforcement and offences section of the Act. The result is that CAs essentially maintain their existing powers of entry, which are quite limited. Conservation authorities will likely have to rely on search warrants to gain entry to a property where compliance is a concern. Reasonable grounds for obtaining a search warrant cannot be obtained where the activity cannot be viewed without entry onto the property (i.e. from the road). Stop (work) Order Section 30.4 of the Act is repealed. That section, which has not yet been proclaimed and which would have given officers the power to issue stop orders to persons carrying on activities that could contravene or are contravening the Act, is repealed. Significant concern. This is an important enforcement tool that conservation authorities have been requesting for years. Without this tool, conservation authorities must obtain an injunction to stop unauthorized activities which represents a significant cost to the taxpayers. Regulations Made By Minister and LGIC The regulation making authority in section 40 is re-enacted to reflect amendments in the Schedule. No concern. Throughout the legislation all references to the Mining and Lands Commissioner has been replaced with the Local Planning Appeal Tribunal Some concern. The LPAT lacks the specialized knowledge that the MLT has with regard to S. 28 applications. There is also a significant backlog of cases at the LPAT. Planning Act – Exclusion of CAs as Public Body Subsection 1(2) of the Planning Act is amended to remove Conservation Authorities as a public body under the legislation. Conservation Significant concern. There is lack of clarity on the implications of this amendment. The intent of the amendment is to remove from conservation authorities the ability to appeal to LPAT any Planning Act decisions as a public body or to become a party to an appeal. Conservation 11Page 435 of 551 Appendix 1 to Report FA-63-20 6 Conservation Ontario, November 11, 2020 Description of Proposed Amendments Implications to Conservation Authorities authorities will not be able to independently appeal or become a party to an appeal as a public body at the LPAT. authorities will instead be required to operate through the provincial one window approach, with comments and appeals coordinated through MMAH. Note that the one window planning system is typically enacted for the review of Official Plans and Official Plan Amendments. It is expected that conservation authorities will retain the ability to appeal a decision that adversely affects land that it owns however that has not been confirmed. 12Page 436 of 551 1 November 19, 2020 Honourable Doug Ford Premier of Ontario Room 281 Legislative Building, Queen’s Park Toronto, ON M7A 1A1 Dear Premier Ford, RE: Bill 229 Schedule 6 - Changes to Conservation Authorities Act The Niagara Peninsula Conservation Authority (NPCA) has been committed to keeping the environment, people and property of our watershed safe from natural hazards for the past 61 years with a mandate to further the conservation, restoration, development and management of natural resources in our watershed. We are writing to express our extreme concern with regards to Schedule 6 of Bill 229. The proposed changes have a direct negative impact on decades of on-the-ground watershed planning, monitoring, and ecosystem management measures put in place to keep our residents safe from natural hazards and protect Ontario’s precious natural resources for future generations. The need for investment in green space for the health and well being of our communities has been clearly exposed during the COVID Pandemic. Local CA’s were challenged to deploy resources on the frontlines for the mental and physical well being of our communities. NPCA appreciates the need for transparency and accountability. Over the past few years, we have invested heavily in implementing measures for the highest standards of customer service for our residents. For the NPCA, this work was initiated as the result of the 2018 Special Audit of NPCA by the Office of the Auditor General of Ontario (OAGO) and has been fully implemented. For most CA’s, Administrative By-Laws are completed and already address these concerns including making key documents publicly available including; meeting agendas, meeting minutes, and annual audits. We would like to stress that a majority of proposed amendments contained within Schedule 6 of Bill 229 are contrary to the spirit of Auditor Generals recommendations, against the basic standards of good governance, and disrespect watershed science and evidence-based planning decisions. The proposed changes are contrary to the fiduciary responsibilities of a public body and challenges the purpose of CAs to address watershed issues that transcend municipal boundaries. The Auditor General, in her Audit, recommended that the Ministry of the Environment, Conservation and Parks clarify board members’ accountability to the CA, to which the ministry responded in agreement. Additionally, NPCA’s community appointed members (as with all CA’s community appointed members) bring a diverse range of expertise and skill set to the current Board. The proposed amendments are of concern to both NPCA and our partner municipalities as municipalities will no longer be able to appoint a member of the public to the Board. Also, the specification of ‘municipal councillor’ rather than “municipally elected official” may exclude Mayors. Appendix 2 to Report FA-63-20 13 Page 437 of 551 2 Appendix 2 to Report FA-63-20 The proposed changes to a CA’s mandate are problematic. CAs are resource management agencies and have a long history of studying and understanding our watersheds. This has significantly assisted our municipal partners in their work, particularly around Land Use Planning, in understanding priority areas for protection and restoration. We also provide residents of our watershed with important programs for restoration that is not provided by any other level of government. Removal of the Natural Resource Mandate of CAs as stated in Section 20 opens the door for the Province to scale back the important work of CAs such as watershed-scale monitoring, data collection management and modelling; watershed-scale studies, plans, assessments and strategies; and watershed-wide actions including stewardship, communication, outreach and education activities that protect our environment on a watershed basis. CAs will now have to rely on the Province to include these functions specifically in a Regulation. As you are also aware, CA’s have a critical role in protecting lives and property from natural hazards and we achieve that through our Permit process and our involvement in municipal Land Use Planning. The proposed amendments will limit a CA’s ability to undertake non-partisan, transparent, and technically sound decision making and will allow individuals to circumvent the technical CA permitting process. The MECP has indicated that the proposed changes around appeals being heard by the LPAT is intended to make the Permit process more efficient. We are concerned that given the appeal periods specified in the proposed changes combined with the amount of time it takes to go through an appeal at the LPAT, this will have the opposite effect on Permit timelines. In addition, where the Minister issues an order to make a decision on a Permit application, it is not clear how decisions would be made and if watershed context, or CA Board of Directors’ approved regulatory policies will be regarded. CA staff provide evidence-based expertise on a diverse range of technical issues including, water resources engineering, environmental planning and ecology, necessary for sound decision making. This newly proposed process may be perceived as lacking transparency. For the reasons stated above, the proposed changes will result in increased legal costs to CA’s municipalities, and/or all Permit applicants. Staff will end up spending significant amount of time preparing for and attending unnecessary LPAT hearings and will lead to a more burdensome, litigious and adversarial process. This will significantly set back the Client Service improvements undertaken by CA’s in the past few years. The Mining and Lands Tribunal has the case law history and experience in adjudicating Conservation Authorities Act cases. It is not clear what support will be available to LPAT members to be able to provide timely, consistent and sound decisions. As presented, the proposed changes would see the removal of the unproclaimed Sections that would have enabled a Stop-Work Order for enforcement purposes. This tool was recently added to the legislation (2019), after years of debate, to enable CAs to immediately stop activities which could cause high risk to life and property and environmental damage and allow time for a negotiated resolution of the matter. This is a major setback as CA’s would continue to lack the legal authority to require a person committing a violation to cease. The violation could continue while the CA is investigating leaving the only recourse for the CA to seek a court injunction thus further burdening an already overwhelmed legal system. In the protection of life and property from natural hazards, the guidance Conservation Authorities generally follow is provided directly from the Province, if there is an issue with the way permitting decisions are being made by the CA's, then addressing the outdated guidance from the Province 14 Page 438 of 551 3 Appendix 2 to Report FA-63-20 would be somewhere to start. The current direction that has been taken by-passes the necessary work the Province needs to do to update the process and instead chooses to undermine the organization that is tasked with completing this work. This is extremely short-sighted, and it does not solve the underlying issues. The Province needs to make a commitment to begin to uphold their responsibility to provide adequate, clear, up-to-date and fair guidance to ensure that any decisions being made with respect to natural hazards, are done in the best interest of the Province of Ontario and ALL of the people that live here, political-interests and self-interests aside. The loss of the right of appeal for a CA on Land Use Planning decisions is concerning. This creates the potential for decisions contrary to CA Regulations or hazard mandate being left unchallenged. It would also mean that a CA could be in a position where a Permit cannot be issued for a project authorized by a municipality. This would add considerable delays for developers and runs contrary to streamlining CA roles in Permitting and Land Use Planning. This change is also of significant concern for NPCA as a Landowner as it takes away NPCA’s right to appeal planning decisions as a landowner when infrastructure or other activities may be proposed on CA lands. The 2019 Provincial Flood Advisor’s report noted the important role that CAs play in the Land Use Planning process. This report states the main legislative tools used to manage flood risk include the Planning Act together with the Provincial Policy Statement (PPS) and the Conservation Authorities Act. As a result of the Flood Advisor’s recommendations, the 2020 PPS was revised to state that mitigating natural hazard risks, including those associated with climate change, will require the province, planning authorities, and conservation authorities to work together. This change may also limit future ability of CA’s to address extreme weather and climate change issues. As such, the NPCA Board of Directors respectfully requests that the Government of Ontario remove the proposed Schedule 6 from Bill 229 and continue to work with Conservation Ontario and the 36 Conservation Authorities on regulations proposed under the previous Bill 108 to achieve the desired improvements within the Conservation Authorities Act. Thank you for your kind consideration and understanding the urgency of this matter. For any questions, or clarity on these matters kindly contact CAO, Chandra Sharma at csharma@npca.ca or 905-788-3135. Respectfully, _____________________________ _____________________________ Brenda Johnson Bruce MacKenzie Chair, NPCA Vice Chair, NPCA Cc Bonnie Lysyk - Auditor General of Ontario Honourable Steve Clark - Minister of Municipal Affairs and Housing Honourable John Yakabuski – Minister of Natural Resources and Forestry Honourable Jeff Yurek - Minister of the Environment, Conservation and Parks Honourable Rod Phillips – Minister of Finance 15 Page 439 of 551 Appendix 3 to Report FA-63-20 16Page 440 of 551 17Page 441 of 551 18Page 442 of 551 19Page 443 of 551 Appendix 4 to Report FA-63-20 20Page 444 of 551 21Page 445 of 551 22Page 446 of 551 Department of Corporate Services 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON L0S 1T0 905-468-3266 • Fax: 905-468-2959 www.notl.org November 27, 2020 SENT ELECTRONICALLY Finance and Economic Affairs Committee 99 Wellesley Street West Room 1405, Whitney Block Queen's Park Toronto, ON M7A 1A2 Attention: Committee Clerk, Julia Douglas RE: Bill 229 and Conservation Authorities Please be advised the Council of The Corporation of the Town of Niagara-on-the Lake, at its regular meeting held on November 23, 2020 the following resolution: WHEREAS the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 – Conservation Authorities Act; AND WHEREAS the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authorities’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications; AND WHEREAS we rely on the watershed expertise provided by local conservation authorities to protect residents, property and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act; AND WHEREAS the changes allow the Minister to make decisions without CA watershed data and expertise; AND WHEREAS the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; AND WHEREAS municipalities require a longer transition time to put in place agreements with conservation authorities for non-mandatory programs; AND WHEREAS municipalities believe that the appointment of municipal representatives on CA Boards should be a municipal decision; and the Chair and Vice Chair of the CA Board should be duly elected; Page 447 of 551 AND WHEREAS the changes to the ‘Duty of Members’ contradicts the fiduciary duty of a CA board member to represent the best interests of the conservation authority and its responsibility to the watershed; AND WHEREAS conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario’s Client Service and Streamlining Initiative; AND WHEREAS changes to the legislation will create more red tape and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process: AND WHEREAS municipalities value and rely on the natural habitats and water resources within our jurisdiction for the health and well -being of residents; municipalities value the conservation authorities’ work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value the conservation authority’s work to ensure safe drinking water. THEREFORE BE IT RESOLVED that the Province of Ontario work with conservation authorities to address their concerns by repealing and/or amending changes to the Conservation Authorities Act and the Planning Act; AND FURTHER that the Province of Ontario delay enactment of clauses affecting municipal concerns; FURTHER that the Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of CA- municipal budget processes; AND FURTHER that the Province respect the current conservation authority/municipal relationships; AND FURTHER that the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role. If you have any questions or require further information please contact our office at 905- 468-3266. Yours sincerely, Peter Todd, Town Clerk Cc: Niagara Penninsula Conservation Authority (NPCA) The Honourable Doug Ford, Premier of Ontario premier@ontario.ca Wayne Gates, MPP-Niagara Falls, Legislative Assembly of Ontario wgates-co@ndp.on.ca The Regional Municipality of Niagara Niagara Area Municipalities Page 448 of 551 Board of Directors Meeting Highlights – October 22nd, 2020 On Thursday, October 22nd, 2020, the Board of Directors of the Niagara Peninsula Conservation Authority (NPCA) held its regular monthly meeting electronically. Highlights from the meeting include: Water Quality Notification and Communication Approach The Board received a report advising that in 2021, the NPCA will begin utilizing a suite of communication resources and tools customized for a diverse range of stakeholders when issuing both its annual Water Quality Monitoring Summary and the Watershed Report Cards (issued every 5 years). The Board was informed that this would entail wide distribution of the report to the local municipalities and other stakeholders followed up with information sessions, presentations and discussions with each municipality as well as with special interest groups on issues, concerns and proposed best practices. Haldimand County Lake Erie Hazard Mapping The Board approved Haldimand County Lake Erie Hazard Mapping completed by W.F. Baird & Associates Coastal Engineers for use in the administration of the Niagara Peninsula Conservation Authority’s Section 28 Regulation (Ontario Regulation 155/06 ‘Development, Interference with Wetlands and Alterations to Shorelines and Watercourses’) and in dealing with matters pursuant to the Planning Act as they pertain to natural hazards. Fee Schedule Amendment – Inclusion of Compliance Surcharge The Board approved amendments to its Planning and Regulations Fee Schedule to include a new compliance surcharge and administration fee, effective November 2, 2020 with details of the amendment to be posted on the NPCA website and distributed to the watershed municipalities within the NPCA jurisdiction. Niagara Region's Proposed Woodland By-Law With the Regional Municipality of Niagara poised to implement its new Woodland By-Law, the Board authorized staff to enter into any new service level agreements with the Region, as needed to facilitate By-Law implementation. Code of Conduct Complaint Procedure The Board adopted a new Code of Conduct Complaint Procedure and authorized staff to execute agreements, as appropriate, with partner municipalities to facilitate shared services of Integrity Commissioners. Updated Administrative By-Law The Board adopted an updated and revised Administrative By-Law with numerous changes including updates to hearing procedures, a new Code of Conduct for Board Members and revisions to allow for electronic meetings during emergencies. Page 449 of 551 Board Evaluation Process In fulfillment of a specific recommendation within the The Auditor General’s Special Audit of the NPCA, the Board approved a self-evaluation process to improve its oversight of the organization and to regularly evaluate both its collective performance and the performance of individual Board members. Links to Minutes and Video: https://npca.ca/administration/board-meetings Page 450 of 551 …/2 234-2020-5110 November 17, 2020 Dear Head of Council: The Ontario government is committed to helping municipalities improve local service delivery and ensure taxpayers’ dollars are being used efficiently. That is why we launched the Audit and Accountability Fund in 2019. I am writing today to recognize the great work that all 39 eligible municipalities started under the first intake of the program and announce details of a second intake that will further support your efforts to find efficiencies, while delivering the services your residents and businesses rely on every day. This year, amid the challenges brought by COVID-19, the province and municipalities have pulled together to help keep our communities safe and support our economy. We understand that the success of Ontario's municipalities is vital to our province's economic recovery – that is why the Ontario government, under the leadership of Premier Ford, secured the historic $4 billion Safe Restart Agreement with the federal government. This funding is helping municipalities across Ontario address operating budgetary shortfalls they have incurred as a result of COVID -19. Ontario is currently experiencing the second wave of COVID -19, and it is important that municipalities adapt to this new reality. That is why I am writing to you today to launch the second intake of the Audit and Accountability Fund (AAF). The AAF will allow large municipalities to benefit from further provincial funding to conduct service delivery and administrative expenditure reviews, with the goal of finding efficiencies while protecting and modernizing critical front-line services. The impacts of the COVID-19 pandemic are making it more important than ever that municipalities can deliver modern, efficient services that are financially sustainable – services that can help improve local resilience and sustainability in these challenging times and respond to the need for new ways of doing business. This year, although we will consider applications related to any area of municipal service delivery, I encourage you to submit proposals that support the following priorities: • Digital modernization • Service integration • Streamlined development approvals Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 Page 451 of 551 - 2 - The AAF provides you with the opportunity to identify savings and efficiencies, while protecting front-line services, and ensuring that municipalities are ready to adapt to the new normal. To apply, you must submit a completed Expression of Interest form with attached supporting documents via the Transfer Payment Ontario (TPON) system by December 18, 2020. To get started, access the Transfer Payment Ontario (TPON) system by visiting www.Ontario.ca/getfunding. You will find program guidelines and the Expression of Interest form on that site. If you have questions on the program, or would like to discuss a proposal, I encourage you to contact your Municipal Services Office or e-mail municipal.programs@ontario.ca. By continuing to work together to deliver modern, efficient local services, we are charting a path to a strong recovery and getting Ontario back on track. Sincerely, Steve Clark Minister c. Chief Administrative Officers and Treasurers Page 452 of 551 ry'"1*Llnc oln 48OO SOUTH SERVICE RD BEAMSVILLE, ON LOR IBI 905-563-8205 RE November 17,2020 SENT VIA EMAIL Region of Niagara 1815 Sir lsaac Brock Way P.O. Box 1042 Thorold, ON L2V 4T7 Attention. Ann-Marie Norio, Regional Clerk PUBLIC HEALTH MEASURES RE: ONTARIO COVID-19 RESPONSE FRAMEWORK Please be advised that Council for the Corporation of the Town of Lincoln passed the following resolution on November 16, 2020: Moved by: Mayor Sandra Easton Seconded by: Councillor Adam Russell WHEREAS, recently, there have been decisions made by the Province and Niagara Public Health that saw Niagara move into the 'Orange-Restrict' level, as per the Ontario COVID-19 Response Framework; and WHEREAS, we are supportive of public health measures to keep our community safe, and recognize that there are members of our business community that are calling for greater transparency in how these decisions are made, and the data that is being used to support these decisions; and WHEREAS, we must strike a balanced approach to combatting COVID-19, while ensuring our local economy remains open, with appropriate restrictions put in place to protect our community and especially our most vulnerable citizens; and WHEREAS, small business is a large economic driver of our community, employing our friends and neighbours, and has already seen a significant reduction in business since the start of the pandemic. lincoln.ca fl9 taTornrnofuincolnON A place to grow, a place to prosper, a place to belong, Page 453 of 551 THEREFORE, BE IT RESOLVED THAT 1. Niagara Region Public Health prepare a full report to all Regional elected officials, and that be shared with LAM's, including in that report as much data as possible on the decision-making process; and 2. That the focus of restrictions, either under the Section 22 order, or otherwise, review the dining-out to household only restrictions and that this be reviewed on a weekly basis. CARRIED lie Kirkelos rds Town Clerk ikirkelos@lincoln.ca cc:LocalArea Municipal Clerks, sent via email Members of Niagara Regional Council Niagara Region Public Health lincoln.ca flV@TownoflincolnON A place to grow, a place to prosper, a place to belong Page 454 of 551 33%E33:...0 E25=35.emma. gas.3%28606_"o__m Ea:12.53;.Oo33_._:=<_._mo=:Omsnnm zo<m3n.m_.Hm.News _<_m<on:3U_ogmn_mzmno::o__ RESDcmmzmnamn zammnm_um__m.oz _.Nmea zo< _mEB ,.3:_E.. Ummn_<_m<onU_on_mn_ms;oo::n=_oG” O:_um:m_n0:3_u23mn<nmnm_om_.n:mnmE_oEmn2§$§_<%$3m$_$_EmmGn.m<m_.g1<m.EE2: Eon_:_n_mn_<m.3zmmmmnm_um__m.EmmmmmnnmunocnEm:_Gnonn_._mmcouonnonEm3c:_n._um__n<. O<mnmomzogonm_mEn.3333gmnmm.<<m<<mnmmn._mno<mmQ:mnmmom?.no__G3ocnmmonnno_.mo_:mm nmmmmonS2_._m:Nm2%<<.:nm_..Em_.m_o<wmm?zmumo_o_m:mm_E<mag_mm<SmEomo_nm_mummmm<m__mn._mnon no<__o-$umzmsnm. <<m8:3sonEm<maozm2%<sEo:nEmmcouonnonEmQn<onzammnm_nm__m..Em:_Gnonm__o<<_:mcmno cmmEmmm_mQ33.._.:m:_Gnon_m:&:mcmnmsnm.nmno_mm\25.:ms;2%:$§<mo_c_u3m:n.Em:_G nonEm:mmonmmncnm323noEocmmocnmcEo:mm|3omn_3_oo_.nm:n_<Emnnammnomno_.mEm<man_:m. _u_:m=<\ms;2%WEmEmmmmnEm:_Gonm__.nonEmmnmmmnEmmm_mnm:n_.m<,Eo:m_umacmnoonmms?m .330:93nmmuonamanoczmxomnnmgsmmgmmmEm<mnommmagmmnéu25.nonmgo<<:ocnm_nmmun: mm<.._.:m<3%oc_....n_Gn.m<mn..m3ooEm:o_E10.ocnno33::_n<. <<mEoumEmn<<mmnmm_o_mno8:oz<9:mcooonnmmm_:3EmEncnm.._.:m9._<m.E2_2:Eonn__:_nm <<mnmmoononmumnmnwo:nonm_oomm_n._mno<_o.$<mnn_:mn_o: _nzm._:Emsonnoo0533ncncnm. >:n__omEmomoEmnno33::_n<Emm_E:.__n_mn.<mmmmEm<mzmm. ._.Em:_A<0:mmm:._.Emmmmno:<m<ocnEmsxmnom__Eommn_n<m3_o_o<mmm<<:o:m__omQno3m_Am:%<mm_..m ._<mmmcnnmmm. >__Emwmmn. Rm§§m-o§«® nm3_mnm<<mnn.§_._&< . nmno_<:U<mn vonnmmm_<_ma_nm_zwmmmnm_<_mn:nm_m3%z?mmnm_um__mno33:an< _um3__<_._mm_E._.mm3$3.2_._mm_E._.mm3_._mm_Enm:n_.m an.x._<_oEm:Emcm.. x._<_nUo:m_n_ wow?mmvonnmmmxo_._a_,2_mmm$$__mEmmiO=nm_,_OQ Page 455 of 551 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca November 25, 2020 CL 22-2020, November 19, 2020 Correspondence Item CL-C 105-2020 Correspondence Item CL-C 106-2020 Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 SENT ELECTRONICALLY RE: Correspondence Received from City of Niagara Falls - Council resolution regarding Double Direct Councillors, Tender Process - Liquid Biosolids and Residuals Management Program Dear Mr. Matson, Regional Council, at its meeting held on November 19, 2020, passed the following motions with respect to the correspondence from the City of Niagara Falls: CL-C 105-2020 - Council resolution regarding Double Direct Councillors That Correspondence Item CL-C 105-2020, being a letter from B. Matson, City Clerk, City of Niagara Falls, dated October 21, 2020, respecting Council resolution regarding Double Direct Councillors respecting Council resolution regarding Double Direct Councillors, BE RECEIVED. Council subsequently passed the following resolution: That staff BE DIRECTED to provide a report respecting Double Duty Councillors as outlined in Correspondence Item CL-C 105-2020 received from the City of Niagara Falls. Page 456 of 551 Correspondence from City of Niagara Falls November 25, 2020 Page 2 CL-C 106-2020 - Tender Process - Liquid Biosolids and Residuals Management Program That Correspondence Item CL-C 106-2020, being a letter from B. Matson, City Clerk, City of Niagara Falls, dated October 30, 2020, respecting Tender Process - Liquid Biosolids and Residuals Management Program, BE RECEIVED. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2020-215 Page 457 of 551 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca November 25, 2020 Special CL 21-2020, November 18, 2020 LOCAL AREA MUNICIPALITIES LOCAL AREA MPs and MPPs SENT ELECTRONICALLY RE: Motion - Support for Niagara’s Local Businesses through the Second Wave of the COVID-19 Pandemic Minute Item 8.1 Regional Council, at its meeting held on November 18, 2020, passed the following motion: WHEREAS the COVID-19 pandemic continues to pose a real and imminent threat the health of the residents of the Niagara region; and WHEREAS public health authorities at the provincial and local level have implemented reasonable measures to protect the health of the residents of Niagara and Ontario; and WHEREAS these measures may have the unintended effect of disadvantaging certain businesses in the Niagara region, namely those in the tourism, hospitality and food services sectors; and WHEREAS Regional Council formally recognizes the important part that Niagara’s more than 1,200 restaurants play in our economy, employing thousands of residents through the entire year; and WHEREAS Regional Council also recognizes that Niagara’s tourism, hospitality and food service sector are connected to a supply chain of numerous sectors that rely on these businesses operating to continue to provide gainful employment to thousands of residents; and Page 458 of 551 Motion – Support for Niagara’s Local Businesses through the COVID-19 Pandemic November 25, 2020 Page 2 WHEREAS the Niagara region has been disproportionately impacted by the COVID-19 pandemic as compared to many other areas of the province. NOW THEREFORE BE IT RESOLVED: 1. That the Regional Chair BE DIRECTED to advocate to the provincial and federal government for financial support for Niagara’s struggling hospitality, tourism and food service sectors as they cope with the impacts of public health protection orders on their operations; 2. That staff BE DIRECTED to undertake a proactive “buy local” marketing initiative to help support Niagara’s local businesses, taking advantage of the upcoming holiday shopping season; 3. That Regional staff BE DIRECTED to pursue all opportunities for coordination and partnership with the local area municipalities in the execution of the “buy local” initiative, including but not limited to the municipal economic development offices and corporate communication divisions; and 4. That the Regional Clerk BE DIRECTED to circulate a copy of this resolution to Niagara’s 12 local area municipalities and the local area MPs and MPPs. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2020-214 Page 459 of 551 Page 460 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 1 of 11 As the administrator of social housing for Niagara Region, Niagara Regional Housing (NRH) works to fulfill our vision and mission through six main areas of responsibility: 1. Public Housing (NRH Owned Units) 2. Non-Profit Housing Programs 3. Rent Supplement Program 4. Affordable Housing Program 5. Service Manager Responsibilities 6. Housing Access Centre and Centralized Waiting List VISION That the Niagara community will provide affordable, accessible and quality housing for all residents MISSION To expand opportunities that make affordable housing an integral part of building healthy and sustainable communities in Niagara Page 461 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 2 of 11 1 DAY-TO-DAY MAINTENANCE: In Q3, 2,656 work orders were issued, representing $1,840,535.80. $42,806.95 of this amount was charged back to tenants who were held responsible for damages. 2019-Q3 2019-Q4 2020-Q1 2020-Q2 2020-Q3 # of work orders issued 3,111 3,675 2,575 2,302 2,656 Work orders continue to be lower due to COVID-19; regular maintenance has resumed within COVID guidelines. CAPITAL PROGRAM: The Capital Program is responsible for maintaining the Public Housing (NRH Owned Units) asset and planning for future sustainability. In Q3, 52 purchase orders were issued and four public tenders closed. The Capital Program was responsible for 12 capital projects and 52 purchase orders valued at $1,825,000: 12 projects o Carlton Street – replacement of balconies and railings o 4900 Buckley Avenue – exterior insulation and finish system – canopies o 52 Ormond Street North– building renovations o 10 Old Pine Trail – bathroom replacements o Powerview Avenue/Galbraith Street/Wallace Street – bathrooms o 12 St. David’s Road East – building renovations o Various locations - upgrading heating systems o 300 Davy Street – parking lot replacement o 3874 Portage Road – parking lot replacement 49 RFPs and RFQs – various consulting services, elevator investigations, health and safety repairs, structural repairs (roofing) and pavement retrofits As of September 30, 2020, $2,144,800 of the $8,454,858 budget (excluding emergency) has been committed and or actually spent (25%). 1. Public Housing (NRH Owned Units) Page 462 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 3 of 11 T ENANT MOVE OUTS: Move Outs By Reason Health 8 NRH Transfer 9 Long Term Care Facility 12 Moved to Coop or Non-Profit 1 Deceased 24 Bought a House 2 Private Rental 12 Left Without Notice 2 Voluntarily Left Under Notice 2 Other/None Given 17 Eviction – Tribunal 1 Cease to Qualify 0 TOTAL 90 In Q3, there were 90 move outs. One involved an eviction order granted under the Ontario Landlord Tenant Board (LTB) for Arrears and was enforced by the Sherriff. 2019-Q3 2019-Q4 2020-Q1 2020-Q2 2020-Q3 # of move outs 57 71 62 57 90 ARREARS: NRH Housing Operations actively works to reduce rent arrears but saw a continued increase in 2020-Q3 due to COVID-19 and tenants not paying rent due to the provincial no eviction order. Sept 30, 2019 Dec 31, 2019 Mar 31, 2020 Jun 30, 2020 Sept 30, 2020 Rent charges for the month $1,267,460.00 $1,286,793.00 $1,302,721.00 $1,289,907.00 $1,295,815.00 Accumulated rent arrears $35,549.21 $36,134.21 $71,135.25 $110,958.69 $113,204.57 Arrears % 2.80% 2.81% 5.46% 8.60% 8.74% INSURANCE: Nothing to report for Q3. COMMUNITY RESOURCES AND PARTNERSHIPS: Due to COVID-19, in Q3, we had partnerships with only six community agencies across Niagara. As a result of these partnerships, 15 support and enrichment activities were offered to tenants at NRH sites. Each partnership contributes to tenant lives and, in turn, the success of the Public Housing community as a whole: RAFT summer camps began in four NRH Public Housing communities (Old Pine Trail/Manchester/Rykert in St. Catharines and Warden and Waters in Niagara Falls) in July. They had 152 children attend and reported that there were no issues with adhering to COVID-19 guidelines. Page 463 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 4 of 11 Faith Welland opened After School programs in Welland’s McLaughlin community in September, with scheduled in-person homework help for a maximum of three children and the delivery of craft/recipe kits There was a dramatic increase in social issues attributed to anxieties and lack of supports related to COVID-19. Some communities experienced such disturbing social issues that NRH had to transfer several tenants and request that hearings to evict the perpetrators be prioritized at the Landlord Tenant Board, which reopened virtually in September. Common Rooms were only open during High Heat alerts, with guidelines posted and increased cleaning. Also during Q3, NRH Community Programs Coordinators (CPCs) offered supports to 534 new referrals of tenants in need of assistance. Of those new referrals, 35% were considered medium-high need, (e.g. child safety concerns, eviction, social issues, cognitive concerns). In particular, there was a continued increase in the number of tenants needing help with social issues, supports and referrals to other agencies, however most of these agencies were either virtual or unavailable due to COVID-19. CPCs reported that many tenants were uninterested or unable to access virtual supports. Eviction Prevention and supports have been extended to Housing Providers and the Rent Supplement program on a pilot basis through Ontario Priorities Housing Initiative (OPHI) funding. There is one full-time Community Program Coordinator (CPC) for Non-Profits/Co- operatives and one dedicated half to Rent Supplement and half to assisting with NRH-Owned units. 2 As administrator of social housing for Niagara Region, NRH provides legislative oversight for 60 Non-Profit Housing Programs (non-profit and co-operative). Operational Reviews are conducted to determine the overall health of each. 2019-Q3 2019-Q4 2020-Q1 2020-Q2 2020-Q3 Healthy 40 39 37 37 38 Routine Monitoring 17 18 21 21 18 Intensive Monitoring 1 1 0 0 2 Pre-PID (Project in Difficulty) 1 1 1 1 1 PID (Project in Difficulty) 1 1 1 1 1 TOTAL 60 60 60 60 60 NRH Housing Programs staff continue to work with Housing Providers as they move toward End of Operating Agreements (EOA) / End of Mortgage (EOM). 2. Non-Profit Housing Programs Page 464 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 5 of 11 3 Rent Supplement/Housing Allowance In the Rent Supplement program, tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the market rent for the unit. The Housing Allowance program is a short-term program that provides a set allowance to help applicants on the wait list. In Q3, there were 1,663 Rent Supplement/Housing Allowance units across Niagara. Canada-Ontario Housing Benefit (COHB) The COHB is a portable rent benefit that helps applicants on the Centralized Waiting List pay their rent to their current landlord in the private market. In Q3, 230 applications for were sent to the Ministry of Municipal Affairs and Housing on behalf of Niagara residents in need of housing. To date, 206 have been accepted. In-Situ Rent Supplement An In-Situ Rent Supplement program has been developed to engage new landlords and offer applicants on the Centralized Waiting List an opportunity to receive Rent-Geared-to-Income assistance where they currently live. This removes the need for moving related expenses and broadens the network of landlords in business with NRH. In Q3, NRH initiated new agreements with 3 new landlords. 2019-Q3 2019-Q4 2020-Q1 2020-Q2 2020-Q3 Fort Erie 32 30 32 31 31 Grimsby 24 22 18 22 21 Lincoln (Beamsville) 11 13 14 14 12 Niagara Falls 240 239 237 226 220 Niagara-on-the-Lake 5 5 5 4 4 Pelham 19 19 17 17 17 Port Colborne 65 64 67 64 61 St. Catharines 773 778 798 751 712 Thorold 56 57 61 61 61 Welland 200 198 192 259 302 West Lincoln 15 16 16 16 16 COHB Region-wide 206 TOTAL 1,440 1,441 1,457 1,465 1,663 Variance in the Rent Supplement program are a reflection of fluctuation between agreements ending and new agreements taken up with landlords. 3. Rent Supplement Program Page 465 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 6 of 11 NIAGARA RENOVATES PROGRAM: The Niagara Renovates program provides assistance to low-to-moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. Niagara Renovates inspections for new applicants for the 2020-2021 funding cycle have commenced. Inspections of completed work are being verified by homeowner photographs and formal inspections will take place as soon as possible and will include all areas inside and outside of the home to ensure compliance with program guidelines. Issues will be identified and a detailed Inspection Report provided to the homeowner. NRH received $545,920 through the Ontario Priorities Housing Initiative (OPHI) for all 3 streams of the program. 15 homeowners are currently approved for funding and NRH is working toward streamlining the program as we become more proficient at working under COVID-19 rules. HOMEOWNERSHIP PROGRAM – “WELCOME HOME NIAGARA”: The Homeownership program assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. In April 2020, NRH received $100,000 through the Ontario Priorities Housing Initiative (OPHI) program. In Q3, seven homeowners received assistance through Welcome Home Niagara. 2019-Q3 2019-Q4 2020-Q1 2020-Q2 2020-Q3 # of homeowners assisted 6 7 4 5 7 HOUSING FIRST PROGRAM: The Housing First program helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. In Q3, seven individuals/families were housed through the Housing First program. Since 2012, Housing First has helped 467 individuals/families. 2019- Q3 2019- Q4 2020- Q1 2020- Q2 2020- Q3 # of individuals/families housed 15 16 13 9 7 # of Housing First units (at quarter end) 197 202 199 201 195 4. Affordable Housing Program Page 466 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 7 of 11 17 of these Housing First units were created with NRH’s new development at 527 Carlton Street in St. Catharines. RENTAL HOUSING (NEW DEVELOPMENT): NRH New Development Hawkins Street/Dell Avenue, Niagara Falls Ontario Priorities Housing Initiative (OPHI) $3,600,000 NRH Reserves $3,061,500 Regional Development Charges $14,132,500 Canada Mortgage & Housing Corporation Seed Funding $106,000 TOTAL $20,900,000 73 Building A – 55 units Masonry completed on 1st level Structural steel installed for 1st level Mechanical and electrical rough in work ongoing 2nd floor Coreslab installed and grouted up to Gridline H (half of the building) Building B – 18 units Foundations completed and site backfilled for concrete slab Underground plumbing completed and inspected by city of Niagara Falls Main level concrete slab poured Masonry block installation started Page 467 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 8 of 11 AFFORDABLE HOUSING UNIT #’S BY MUNICIPALITY: Note: there are no affordable housing units in Wainfleet as at December 31, 2019 *166 New Development units are NRH Owned Page 468 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 9 of 11 5 APPEALS: In Q3, NRH began hearing appeals virtually. Adapting to this new process went well and 15 appeals were heard (12 upheld, 3 overturned). 2019-Q3 2019-Q4 2020-Q1 2020-Q2 2020-Q3 # of appeals 10 11 11 0 15 INVESTMENTS: See Appendix 1 – Investment Report 6 APPLICATION ACTIVITY : # of Applications Received & Processed 604 # of Eligible Applications 581 # of Special Provincial Priority Status Applications 76 # of Ineligible Applications 23 # of Urgent Status Applications 88 # of Cancelled Applications 315 # of Homeless Status Applications 96 # of Applicants Housed 128 In Q3, there was a 36% increase in the number of applications processed (compared to Q2) and 315 households were removed from the Centralized Waiting List because they were no longer eligible, they found alternate housing or we were unable to make contact. 5. Service Manager Responsibilities 6. Housing Access Centre & Centralized Waiting List Page 469 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 10 of 11 CENTRALIZED WAITING LIST: 2019- Q3 2019- Q4 2020- Q1 2020- Q2 2020- Q3 # of households A Rent-Geared-to-Income (RGI) waiting list: Niagara resident RGI waiting list 5,012 5,154 5,322 5,264 5,296 Applicants from outside of Niagara 897 977 1,045 1,078 1,129 TOTAL RGI waiting list: 5,909 6,131 6,367 6,342 6,425 Housing Allowance: a set allowance to help applicants on the waiting list with affordability in the private market until housed in an RGI unit 747 742 739 723 702 A1 RGI waiting list demographics: Seniors 2,362 2,455 2,514 2,487 2,506 Adults no dependents 1,922 1,979 2,041 2,026 2,049 Adults with dependents 1,625 1,697 1,812 1,829 1,870 A2 RGI list further segmented (#’s included in A & A1): SPP – Special Provincial Priority (Ministry Priority): helps victims of violence separate permanently from their abuser 165 148 146 142 128 URG – Urgent (Local Priority): for applicants with mobility barriers and/or extreme hardship where their current accommodation puts them at extreme risk and/or causes hardship 130 142 152 144 135 HML – Homeless (Local Priority): provides increased opportunity for placement to homeless households 1,007 1,075 1,145 1,119 1134 SUP – Supportive/Transitional: provides targeted, provisional services to assist individuals to transition beyond basic needs to more permanent housing 12 16 23 10 11 B In addition, NRH manages: Overhoused: households who are living in subsidized accommodation with more bedrooms than they are eligible for 181 174 176 173 157 Transfer: households who are currently living in subsidized accommodation and have requested a transfer to another provider 603 613 635 637 660 TOTAL RGI households on waiting list managed by NRH: 6,693 6,918 7,178 7,152 7,242 C NRH maintains a waiting list for market rent units (62 Non-Profit Housing Programs): Market: applicants who have applied for a market rent unit in the Non-Profit Housing Programs portfolio 752 784 810 805 808 TOTAL households on waiting list managed by NRH: 7,445 7,702 7,988 7,157 8,050 TOTAL individuals on waiting list managed by NRH: 13,059 13,587 14,197 14,180 14,429 Note: the above chart includes only those who apply to the Centralized Waiting List and does not capture the full number of those in need of affordable housing in Niagara. Page 470 of 551 Q3 (July 1 to September 30, 2020) NRH 16-2020 20-194-2.6. November 27, 2020 Page 11 of 11 ESTIMATED WAIT TIMES: CITY SENIORS Age 55 and older SINGLES Age 16-54 HOUSEHOLDS WITH DEPENDENTS Bachelor 1 Bed Bachelor 1 Bed 2 Bed 3 Bed 4 Bed 5 Bed Y E A R S Fort Erie - 11 3 7 2 2 6 - Grimsby - 5 - - - - - - Lincoln - 6 - 10 6 10 - - Niagara Falls 5 7 - 18 5 5 12 16 Niagara-on-the-Lake - 6 - - - - - - Port Colborne - 8 - 12 5 3 4 - St. Catharines - 5 9 16 3 3 3 11 Thorold - 7 - 13 3 11 - - Welland - 6 7 16 7 3 8 7 West Lincoln - 5 - - 10 6 - - - no units of this size available in this community January 2020 Please note: wait time information can fluctuate and is an approximation only wait times may not reflect the actual time one may wait for affordable housing Page 471 of 551 This Quarter Balance Last Quarter Balance Variance $ Variance %Comments Royal Bank account used for day-to-day operations for the owned units. Also to cash flow various short terms programs funded by Prov and Fed gov't usch as development, homeownership and capital repair programs. 9,845,711 6,248,806 3,596,906 57.56% Since the February 2016 transition to PeopleSoft, day-to-day accounts payable transactions are paid by the Region through PeopleSoft. Reconciliation of the due to the Region account will be performed on a quarterly basis to transfer amounts due to the Region. RBC High Interest Savings Account 6,478,957 5,601,934 877,024 15.66% 2 Year GIC, $188,000; due date is 08/17/2020; interest rate of 2.65% to 2.74%- 197,592 (197,592) -100.00% 2 Year GIC, $376,000; due date is 08/20/2020; interest rate of 2.60% to 2.65%- 394,690 (394,690) -100.00% 2 Year GIC, $264,280; due date is 08/21/2020; interest rate of 2.53%- 276,470 (276,470) -100.00% Total 6,478,957 6,470,685 8,272 0.13% GICs matured at the end of August 2020 and deposited into the High Interest Savings Account. At the time of writing this report, reinvestment options are being examined in alignment with the NRH investment policy. Quarterly Report on Cash / Investments for Period Ending September 30, 2020 CURRENT BANK ACCOUNT INVESTMENTS Various investment vehicles are used to protect and optimize the cash that is held for specified purposes. Investments are both short-term and long-term in nature. These funds are intended to ensure continued growth without capital erosion by inflation. Current Investments: NRH 16-2020 App. 120-194-2.6. App. 1November 27, 2020Page 1 of 1 Page 472 of 551 Q3 Report on Reserves as at September 30, 2020 Description Balances at December 31, 2019 Year-to-date Net Transfers from (to) Operating Year-to-date Capital Transfers Balance at September 30, 2020 Forecasted Net Transfers Forecast from (to) Operating Forecasted Balance at December 31, 2020 NRH Owned Units Public/Local Housing Corp: Jubilee/Broadoak 287,569 54,000 - 341,569 18,000 359,569 Fitch Street 350,040 66,750 - 416,790 22,250 439,040 Carlton 210,000 60,750 - 270,750 20,250 291,000 Other Owned Units 5,140,075 975,000 (2,311,513) 3,803,562 325,000 4,128,562 NRH Owned Units Public/Local Housing Corp TOTAL 5,987,684 1,156,500 (2,311,513) 4,832,671 385,500 5,218,171 Niagara Regional Housing: Emergency Capital Funding for Housing Providers 3,199,268 1,155,695 - 4,354,963 385,232 4,740,195 Title Normalization for NRH Owned Units 712,381 - - 712,381 - 712,381 New Initiatives, other social housing purposes and any new deposits are added to this category 4,316,390 (250,000) (2,944,080) 1,122,310 - 1,122,310 Niagara Regional Housing TOTAL 8,228,039 905,695 (2,944,080) 6,189,654 385,232 6,574,886 Total NRH Capital Reserves 14,215,723$ 2,062,195$ (5,255,593)$ 11,022,325$ 770,732$ 11,793,056$ NRH Rent Supplement: 266,301 (12,750) - 253,551 (4,250) 249,301 NRH Stabilization Reserves TOTAL 266,301$ (12,750)$ -$ 253,551$ (4,250)$ 249,301$ NRH Employee Future Benefits:792,733 - - 792,733 - 792,733 NRH Future Liability Reserves TOTAL 792,733$ -$ -$ 792,733$ -$ 792,733$ Total 15,274,757$ 2,049,445$ (5,255,593)$ 12,068,609$ 766,482$ 12,835,090$ Interest no longer applied by approval of Regional Council (CSD 02-2013). 503 NRH Owned Units Public/Local Housing Corp: This reserve was set-up by the Board of Directors as a Reserve Fund in September 2004 for capital expenses related to the NRH owned units. This reserve includes specific reserve balances to support 3 properties (Jubilee/Broadoak, Fitch, Carlton) based on the reserve fund studies completed to ensure sustainable. The balance is for all other owned units. 502 Niagara Regional Housing This reserve includes three major elements: (1) Emergency Capital Funding for Housing Providers - intent to support capital repair program for housing providers; surplus from housing programs should be directed to this component of the reserve (2) Title Normalization for NRH Owned Units (3) New Initiatives / New Development NRH Rent Supplement: This fund was set-up by the Board of Directors in December 2008 (year end) for a new Rent Supplement program. This Rent Supplement program is budgeted annually and withdrawal from the Reserve matches that year's expenditures. NRH Employee Future Benefits: This fund was set-up by the Board of Directors in 2011 to fund Employee Future Benefits. (retiree benefits, sick leave, vacation. etc.). NRH 16-2020 App. 1A.20-194.2.6. App. 1A.November 27, 2020Page 1 of 1 Page 473 of 551 Quarterly Report Reference Sheet NRH 16-2020 REF 20-194-2.6. REF November 27, 2020 Page 1 of 4 A AFFORDABLE HOUSING RENT S: Rents are established at 80% market of Canada Mortgage and Housing Corporation (CMHC) Average Market Rent, with no ongoing rental subsidy. APPEALS: Social Housing tenants/members can request reviews of decisions related to applicant eligibility, priority status, transfer requests, overhoused status, ongoing Rent- Geared-to-Income (RGI) eligibility and rent calculation issues. The NRH Appeal Committee makes decisions on appeals from applicants and tenants in Public Housing, Social Housing (where they have not established an Appeal Committee) and Rent Supplement units. All appeal decisions are final, per legislation. ARREARS : To assist with arrears collection, tenants/members are provided the option of entering into a repayment agreement but are still expected to pay full rent on time. B C CANADA-ONTARIO COMMUNITY HOUSING INITIATIVE (COCHI): A program that provides funding to protect affordability for households in social housing, support the repair and renewal of existing social housing supply and expand the supply of community housing over time. CANADA-ONTARIO HOUSING BENEFIT (COHB): A program that provides a monthly benefit payment to households that are on, or are eligible to be on, the Centralized Waiting List (CWL) to help them pay their rent. The COHB payments are portable (i.e. the benefit follows the household if they move to another address) and based on the household income and local market rent. In order to receive the COHB, applicants must agree to have their application removed from the CWL. CAPITAL PROGRAM: Responsible for maintaining the Public Housing (NRH-owned) asset and planning for future sustainability, as well as issuing tenders for service contracts. CENTRALIZED WAITING LIST (CWL): Is comprised of almost 200 subsidiary lists of Public Housing, Social Housing and private units through the Rent Supplement program. It is maintained on a modified chronological basis (i.e. in order to ensure that applicants are treated fairly, units are offered based on the date of application). The needs of particularly at-risk populations are addressed through Priority Status groups that are offered units before other applicants on the Centralized Waiting List: Special Provincial Priority (SPP) Status Urgent Status Homeless Status The Housing Services Act, 2011 (HSA) requires that the Centralized Waiting List is reviewed on a regular basis. Applicants are asked to confirm their continued interest and to update information annually (# of household members, total household income) so that NRH can verify ongoing eligibility for housing subsidy. If a household is no longer interested or is deemed ineligible the application is cancelled and removed from the list. The Centralized Waiting List includes various types of households (i.e. families, seniors and singles/adults without dependents) from both within and outside Niagara, the Page 474 of 551 20-194-2.6.REF November 27, 2020 Page 2 of 4 Quarterly Report Reference Sheet priority groups mentioned above, RGI and Market applicants and existing tenants who are overhoused (have more bedrooms than they need). COMMUNITY HOUSING: Housing owned and operated by non-profit, co-operatives and municipal governments or district social services administration boards including subsidized or low-end-of market rents. COMMUNITY PROGRAMS : NRH’s community partners offer events, presentations, activities and programs to help mitigate the effects of poverty by building community pride, offering life skills training and enhancing the lives of the tenants. While NRH does not deliver these services directly to tenants, NRH’s Community Resource Unit facilitates partnerships by identifying evolving community and tenant needs, connecting with appropriate programs and supporting their ongoing success. D E END OF OPERATING AGREEMENTS (EAO): EOA refers to the expiry of federally signed operating agreements. NRH is working with these providers to find innovative solutions to maintain the existing number of social housing units in Niagara and protect existing tenants/members from losing subsidy. END OF MORTGAGE (EOM): Federal/provincial and provincial housing providers (non- profits and co-ops) legislated under the Housing Services Act (HSA) do not have operating agreements that expire when the mortgage matures. The relationship between service manager and housing provider continues with the housing provider still obliged to follow the HSA. The obligation of service manager to pay a mortgage subsidy ends. EVICTION PREVENTION/SUPPORT: Supports to help NRH tenants stay in their homes through identification of tenant needs and connection with supports and services (e.g. Mental health issues, cognitive decline, addiction, family breakdown etc.) F G HOMEOWNERSHIP PROGRAM – “WELCOME HOME NIAGARA”: The Homeownership program assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. The loan is forgivable after 20 years if the household remains in the home. HOUSING AND HOMELESSNESS ACTION PLAN (HHAP): Niagara’s 10-year Community Action Plan to help everyone in Niagara have a home. HOUSING ACCESS CENTRE: Housing Access is the gateway to affordable housing in Niagara. All applications for housing are processed through the Housing Access Centre including initial and ongoing eligibility assessment as well as management of the Centralized Waiting List. Options include accommodation with Non-profit and Co- operative housing providers (Social Housing), NRH owned units (Public Housing and two mixed income communities), or for-profit/private landlord owned buildings (Rent Supplement/Housing Allowance). HOUSING ALLOWANCE PROGRAM: A variation of the Rent Supplement program that provides a set allowance of up to $300 per month to private landlords to assist applicants who are on the Centralized Waiting List. HOUSING FIRST: Helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. NRH Page 475 of 551 20-194-2.6.REF November 27, 2020 Page 3 of 4 Quarterly Report Reference Sheet partners with Niagara Region Community Services and community agencies to provide rent supplement to landlords while agency staff provide a range of personalized supports to encourage successful tenancies and, if the tenant chooses, address personal challenges. I IN-SITU RENT SUPPLEMENT PROGRAM: A program developed to engage new landlords and offer applicants on the Centralized Waiting List an opportunity to receive Rent-Geared-to-Income assistance where they currently live. This removes the need for moving related expenses and broadens the network of landlords in business with NRH. INVESTMENT IN AFFORDABLE HOUSING PROGRAM – EXTENSION (IAH-E): Provincial and federally funded program designed to improve access to affordable housing that is safe and suitable, while assisting local economies through job creation generated by new development and home repairs/modifications, including: Niagara Renovates Homeownership (Welcome Home Niagara) Rent Supplement/Housing Allowance Rental Housing (New Development) J K L LOCAL HOUSING CORPORATION (LHC): Also called “Public Housing”, LHC refers to the communities that Niagara Regional Housing owns and manages. M N NIAGARA RENOVATES PROGRAM: Provides assistance to low-to-moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. Assistance is provided in the form of a forgivable loan, written off over a 10-year period, as long as the homeowner continues to live in the home. NON PROFIT HOUSING PROGRAMS (FORMERLY “SOCIAL HOUSING”): Includes Non- Profit and Cooperative Housing Providers, who own and manage their own housing communities and have their own independent Boards. NRH provides legislative oversight to ensure they are in compliance with the Housing Services Act (HSA). Generally, 25% of these units are designated as market rent units. The remaining 75% of units are offered to households on the Centralized Waiting List that pay RGI. O ONTARIO PRIORITIES HOUSING INITIATIVE (OPHI): A program to address local housing priorities, including affordability, repair and new construction. OPERATIONAL REVIEWS: In order to ensure that Non-Profit Housing Programs comply with legislation and local policies, NRH investigates their overall health by analyzing many factors including finances, vacancy losses, governance issues, condition of buildings etc. NRH then works with them to bring them into compliance and provide recommendations on best business practices. P PORTABLE HOUSING ALLO WANCE: Direct financial assistance given to the household (tenant) on the Centralized Waiting List; not tied to a housing unit. PRIORITY STATUS GROUPS: Priority Status groups are offered units before other applicants on the Centralized Waiting List: Page 476 of 551 20-194-2.6.REF November 27, 2020 Page 4 of 4 Quarterly Report Reference Sheet Special Provincial Priority (SPP) Status is the only legislated priority and is intended to help victims of violence separate permanently from their abuser Urgent Status is intended for applicants with (1) Mobility Barriers (i.e. physical limitations that require barrier-free units) and/or (2) Extreme Hardship (i.e. where the applicants’ current accommodations puts them at extreme risk and/or causes hardship and relocation would reduce the risks and/or alleviate the hardship Homeless Status provides an increased opportunity for placement to households that are homeless (1 in every 10 households offered housing) PUBLIC HOUSING (ALSO CALLED “LOCAL HOUSING CORPORATION”): NRH owns and manages 2,660 units of Public Housing stock in 9 of the 12 Niagara municipalities. Tenants pay 30% of their income for rent. *Note: NRH owns and manages an additional 91 units that have affordable (80% market) and market rents. Q R RENT SUPPLEMENT PROGRAM : Tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the agreed market rent for the unit.*See also Housing Allowance Program and Housing First Project. S SERVICE LEVEL STANDARDS (SLS): Establishes minimum number of RGI and special needs units to be maintained by each service manager SERVICE MANAGER: As administrator for affordable housing on behalf of Niagara Region, NRH’s main responsibilities include: administering Rent Supplement Programs, oversight of Non-Profit and Cooperative Housing Providers, determining RGI eligibility, maintaining Centralized Waiting List, establishing Local Policies etc. SOCIAL HOUSING (FORMERLY “AFFORDABLE HOUSING”): All NRH programs and services, including Public Housing (NRH-owned), Non-Profit Housing Programs, the Rent Supplement Program and the Affordable Housing Program T U V W WELCOME HOME NIAGARA: Assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. The loan is forgivable after 20 years if the household remains in the home. X Y Z Page 477 of 551 1 Heather Ruzylo Subject: Request regarding Bill C-213 The Canada Pharmacare Act From: peter.julian@parl.gc.ca <peter.julian@parl.gc.ca> Sent: Thursday, November 26, 2020 5:56 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Request regarding Bill C-213 The Canada Pharmacare Act Mayor DIODATI NIAGARA FALLS Dear Mayor DIODATI, We are writing to you today seeking the City Council of NIAGARA FALLS‘s formal endorsement of Bill C-213, the Canada Pharmacare Act. Introduced in February 2020, the Canada Pharmacare Act is ground-breaking new federal legislation based on the recommendations of the Hoskins Advisory Council on the Implementation of National Pharmacare and modelled on the Canada Health Act. The Canada Pharmacare Act specifies the conditions and criteria that provincial and territorial prescription drug insurance programs must meet to receive federal funding. This includes the core principles of public administration, comprehensiveness, universality, portability, and accessibility. Universal public drug coverage has been recommended by commissions, committees, and advisory councils dating as far back as the 1940s. Immediately following the last election, the New Democratic Party of Canada began working to draft a legislative framework to enable the implementation of a universal, comprehensive and public pharmacare program. The Canada Pharmacare Act is the first piece of legislation introduced by the New Democrat Caucus in the current Parliament. As you know, across Canada, people are making impossible choices every day because they cannot afford their prescription medications. Over the past year alone, one-in-four Canadians were forced to avoid filling or renewing a prescription due to cost or take measures to extend a prescription because they could not afford to keep the recommended dosage schedule. Even those with private coverage are seeing their employer-sponsored benefits shrink – a trend that has accelerated due to the economic impacts of COVID-19. In fact, Canadians are twice as likely to have lost prescription drug coverage as to have gained it over the past year. Simply put, universal public pharmacare will extend prescription drug coverage to every single C anadian, while saving billions every year. The final report of the Hoskins Advisory Council found that, once fully implemented, universal public pharmacare will reduce annual system wide spending on prescription drugs by $5 billion. Businesses and employees will see their prescription drug costs reduced by $16.6 billion annually and families will see their out of pocket drug costs reduced by $6.4 billion a year. Page 478 of 551 2 Although a recent study from Angus Reid Institute found near universal support for pharmacare among the Canadian public, powerful vested interests in the drug and insurance industries are lobbying to block this critical program in order to protect their profits. Indeed, the Canada Pharmacare Act is reaching a crucial period in the legislative process. The first hour of debate on this bill took place in Parliament on November 18, 2020. The second hour of debate and the first vote will be held in February 2021. This legislation could be enacted by next spring, allowing millions of Canadians who are struggling to pay for medication to receive the support they desperately need. That’s why we need your help to secure the adoption of the Canada Pharmacare Act in Parliament. We are asking your City Council to join other municipalities across Canada to formally endorse Bill C-213. We will be publicizing this support nationally. For more information on C-213 and to sign the e-petition, please visit our website: www.pharmacarec213.ca Thank you very much for your consideration. Please feel free to contact us if you require further detail. We look forward to hearing from you. Sincerely, Peter Julian, MP New Westminster-Burnaby Jenny Kwan, MP Vancouver East Don Davies, MP Vancouver Kingsway Par la présente, nous demandons à votre conseil municipal d’appuyer officiellement le projet de loi C-213, Loi édictant la Loi canadienne sur l’assurance médicaments. Présentée en février 2020, la Loi canadienne sur l’assurance médicaments est une nouvelle mesure législative fédérale avant-gardiste fondée sur les recommandations du Conseil consultatif présidé par le D r Hoskins concernant la mise en œuvre d’une assurance médicaments et inspirée de la Loi canadienne sur la santé. La Loi canadienne sur l’assurance médicaments précise les conditions et les critères que les régimes d’assurance médicaments provinciaux et territoriaux doivent respecter pour être admissibles à un financement fédéral, soit les principes fondamentaux que sont la gestion publique, l’intégralité, l’universalité, la transférabilité, et l’accessibilité. Rappelons que des commissions, comités et conseils consultatifs divers recommandent la mise en place d’un régime public et universel d’assurance médicaments depuis les années 1940. Au lendemain de la dernière élection générale, le Nouveau Parti démocratique du Canada a commencé à travailler sur un projet de cadre législatif pour établir un régime d’assurance médicaments universel, complet et public. La Loi canadienne sur Page 479 of 551 3 l’assurance médicaments est la première mesure législative présentée par le caucus néo-démocrate au cours de la législature actuelle. Comme vous le savez, partout au Canada, des gens doivent chaque jour prendre des décisions impossibles, faute de moyens pour payer leurs médicaments d’ordonnance. Au cours de la dernière année seulement, un Canadien sur quatre a dû renoncer à se procurer ou à renouveler un médicament d’ordonnance en raison du coût ou bien n’a pas respecté la posologie recommandée pour que ses médicaments lui durent plus longtemps, par manque de moyens financiers. Même les personnes bénéficiant d’une couverture privée voient les avantages offerts par leur employeur diminuer, une tendance qui s’est accélérée en raison des répercussions économiques de la COVID-19. Les Canadiens.nes sont d’ailleurs deux fois plus susceptibles d’avoir perdu leur assurance médicaments que d’en avoir obtenu une au cours de la dernière année. Autrement dit, un régime d’assurance médicaments public et universel étendra la couverture des médicaments d’ordonnance à chaque Canadien.ne, tout en permettant des économies de plusieurs milliards de dollars par année. Selon le rapport final du Conseil consultatif présidé par le D r Hoskins, un régime public et universel d’assurance médicaments, une fois pleinement mis en œuvre, permettra de réduire les dépenses annuelles liées aux médicaments sur ordonnance de 5 milliards de dollars. Les entreprises et les employés.es verraient leurs coûts de médicaments sur ordonnance réduits de 16,6 milliards de dollars par an, et les familles, de 6,4 milliards de dollars par an. Même si, selon une étude récente de l’Angus Reid Institute, un régime d’assurance médicaments universel récolte un appui quasi unanime au sein de la population canadienne, de puissants intérêts dans les secteurs pharmaceutiques et des assurances exercent des pressions pour bloquer ce programme essentiel et protéger leurs profits. La Loi canadienne sur l’assurance médicaments arrive à une étape déterminante du processus législatif. La première heure de débat consacrée à ce projet de loi a eu lieu au Parlement le 18 novembre 2020. La deuxième heure et le premier vote se dérouleront en février 2021. Cette mesure législative pourrait entrer en vigueur d’ici le printemps prochain, permettant à des millions de Canadiens.nes qui peinent à payer leurs médicaments de recevoir l’aide dont ils ont grandement besoin. C’est pourquoi nous avons besoin de votre contribution pour faire adopter le projet de Loi C-213 au Parlement. Nous demandons à votre conseil municipal d’unir sa voix à celle d’autres municipalités d’un bout à l’autre du Canada pour appuyer officiellement le projet de loi C-213. Nous ferons connaître cet appui dans l’ensemble du pays. Pour en savoir plus et pour signer la pétition électronique, veuillez visiter notre site Web : www.pharmacarec213.ca/fr Nous vous remercions beaucoup de l’attention que vous accordez à la présente. N’hésitez pas à communiquer avec nous pour en savoir plus. Dans l’attente de votre réponse, nous vous prions d’agréer l’expression de nos sentiments distingués. Peter Julian, député New Westminster—Burnaby Page 480 of 551 4 Jenny Kwan, députée Vancouver-Est Don Davies, député Vancouver Kingsway New Democratic Party | Nouveau Parti démocratique I acknowledge that I work on the unceded traditional territory of the Algonquin, Haudenosaunee and Anishinabek peoples. Je reconnaît que je travaille sur le territoire non-cédé des nations Algonquine, Haudenosaunee et Anishinabek. ______________________________________________________ (TEL) 613.992.4214 | (CELL) 613.222.4074 | FAX) 613.947.9500 UFCW | TUAC Help save paper - do you need to print this email? Économisons le papier – est-il vraiment nécessaire d’imprimer ce courriel? "My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world." -Jack Layton, 1950-2011 « Mes amis, l’amour est cent fois meilleur que la haine. L’espoir est meilleur que la peur. L’optimisme est meilleur que le désespoir. Alors aimons, gardons espoir et restons optimistes. Et nous changerons le monde. » -Jack Layton, 1950-2011 This email message and any attachment may contain privileged or confidential information and is intended only for the named recipient(s) or group indicated. If you have received this message in error, or are not the named recipient(s), please notify the sender and delete this email message. Thank you for your cooperation. Ce courriel, ainsi que tout fichier annexé peut contenir des renseignements protégés ou confidentiels et concerne uniquement les destinataires indiqués. Si vous avez reçu ce courriel par erreur, ou si vous n'êtes pas les destinataires, veuillez en aviser l'expéditeur et l'effacer. Merci de votre coopération. Page 481 of 551 65 Overlea Blvd., Suite 230, Toronto, ON, M4H 1P1, Canada P: +1 416 696 2420; F: +1 416 696 8019, e-mail: Consulate.Toronto@mfa.bg; bulcontor@primus.ca YOU WORSHIP MAYOR JIM DIODATI MAYOR OF THE CITY OF NIAGARA FALLS LADIES AND GENTLEMEN, DEAR FRIENDS, On behalf of the Government of the Republic of Bulgaria as well as on my own behalf, I would like to extend the assurances of the highest considerat ion of mine to you and to the institutions you represent. The relations between the Republic of Bulgaria and Canada have enjoyed a remarkable trend of perpetual enhancement over the last many years. I am honored to underscore that the year 2021 will mark a special Anniversary – 55 years since the establishment of diplomatic ties between our allied countries. It is noteworthy that over the course of over half a century, we have strengthened our cooperation in a number of areas of mutual interest and concern such as economy, trade and investment, culture, education, people -to-people contacts and more. Over the years thousands of Bulgarians have made the choice to make Canada their home. And many of them live now in Niagara Falls. We celebrate the remarkable contribution of those distinguished Bulgarians who have devoted their life to make a difference through numerous initiatives and incentives for the betterment and prosperity of their communities, the Bulgarian and Canadian societies alike. I would like to consider a request for an official Flag Raising Ceremony on March 3, 2021 to recognize National Day of the Republic of Bulgaria. The same day I already received a confirmation from Niagara Falls Illumination Board that The Falls will be illuminated White, Green and Red (colours of the Bulgarian flag) at 10:00 p.m. So I would much appreciate if you consider my request. Page 482 of 551 65 Overlea Blvd., Suite 230, Toronto, ON, M4H 1P1, Canada P: +1 416 696 2420; F: +1 416 696 8019, e-mail: Consulate.Toronto@mfa.bg; bulcontor@primus.ca I remain confident that our cooperation and friendship will continue to develop in the future and I stand ready to take part in the common endeavours the future may hold for us. I avail myself of this opportunity to renew to you the assurances of my highest consideration. Sincerely yours, Velislava Panova Consul General of the Republic of Bulgaria Page 483 of 551 To: Mayor and Members of the City of Niagara Falls Council CC: Ken Todd, CAO, City of Niagara Falls Bill Matson, City Clerk From: Anne Andres-Jones, Chair of Niagara Falls Public Library Board Alicia Subnaik Kilgour, CEO/Chief Librarian Date: December 1, 2020 Subject: Niagara Falls Public Library – Reopening Library Services during COVID-19 and Year End Update 2019 Annual Report: While 2020 has been a year to remember, let’s take a moment to reflect on 2019 with the completion of the 2019 Annual Report. Some notable highlights include: ●446,706 in-person visits ●40,192 active Library Cardholders ●579,219 items borrowed ●2,564 programs with 52,550 attendees ●62,503 computer sessions accessed by residents ●121,661 WiFi sessions accessed by residents Each year the Library is obligated to submit its annual statistics to the Ministry of Heritage, Sport, Tourism and Culture Industries. For Libraries, Active Cardholders are defined as having accessed services within the last 2 years. In 2019, the Niagara Falls Public Library had 40,192 active Library members, who borrowed a total of 579,219 items. The digital divide still exists in our community. There are many residents who do not have access to the internet or reliable WiFi and rely heavily on the Library for this essential service. This was further compounded by the pandemic in 2020. Many residents can be seen sitting in the Library Parking lot accessing WiFi for current information, education, to pay bills, or connect with family and friends. Page 484 of 551 In 2019, a significant number of citizens (62,503) used the Library to access a physical computer equipped with the necessary software and hardware to access the internet, for job/career search and development, to fill out government forms, for educational purposes, and to connect with friends and family. The Annual Report is a great reflection of Library services offered to citizens and residents throughout the City of Niagara Falls. The Library Board and Staff are extremely proud of the essential and impactful services provided for the community. Please see Appendix A - 2019 Annual Report attached for more information and the full report. Reopening Library Services during COVID-19: The year 2020 is indeed a year of unprecedented challenges, as seen when the Declaration of Emergency was made forcing many businesses and service providers into a lockdown situation. All physical library locations were mandated closed under the provincial emergency orders in March 2020. The Library Board made some very difficult decisions during these challenging times, including laying off staff and altering service delivery. That said, the Library Board also committed to working collaboratively with our community partners such as the Niagara Region/Niagara Assertive Street Outreach Team. This Team is able to provide essential resources and services to those that are marginalized and experiencing homelessness in the community. Working collaboratively with the City, the Library was at the Farmer’s Market each Saturday, to distribute information and seeds from our Seed-to-Seed Collection. We also worked collaboratively with the NFCHC to provide growing activity kits for community members. Working together we ensured that the needs of the community were addressed and that we were able to deliver service in a timely and safe manner while adhering to the Public Health guidelines. We are proud to report that despite the challenges, Library staff were resilient and compassionate in serving all members of our community. The meaningful and impactful work performed by Library Staff supporting our community partners, transitioning to online services, programming, and curating digital resources for the community during these challenging times, has been outstanding. The Niagara Falls Public Library was able to pivot quickly in March 2020 to launch new programs and services and move traditional programs and services online to be accessible 24/7. This allowed us to provide much needed relief and support to many customers and patrons across the City. Many of the new services created during the pandemic will continue to be a part of the Library’s ongoing service delivery, curbside service being one example. Since the creation of the Curbside service, we have had 3,166 pickups (between June - November) at Library locations. Online Library Card Registration was a welcomed addition with 890 new memberships and will ensure access 24/7 to our digital resources, despite lockdown status. Another new service created were Virtual Programs, which were well embraced and received by residents, with 446 Programs offered and 11,085 attendees so far this year. Some of our traditional services, such as the Visiting Library Delivery Service to home-bound individuals have doubled over the past couple of months, indicating that there is still a high demand Page 485 of 551 for Library services and materials. At this point in time, excluding physical materials, our digital resources have seen 454,665 items borrowed between March through October; this is already on pace to exceed the 2019 total number of items borrowed, both physical and digital. Our partnership with the DSBN to provide outreach and support to schools and students across the City has been well received and has seen steady growth and usage. While there are still restrictions on capacity at each of our locations, the majority of regular library services are currently being offered in a safe and thoughtful manner, while adhering to Public Health guidelines. As part of the Extreme Cold Weather Relief, the Victoria Avenue Library will offer the LaMarsh Room for warming when an environmental alert is issued. The LaMarsh Space will also be available for customer use during regular operating hours. With respect to health and safety measures, the Library implemented mandatory screening, a safety plan, plexiglass partitions, PPE Protocols, enhanced cleaning and sanitation measures, and new online service delivery software and platforms, in response to the pandemic and in order to better and safely serve the community while implementing Public Health restrictions and guidelines. As we are in the midst of the second wave of the COVID-19 Pandemic, the Library will continue to provide services safely. The safety and wellbeing of our staff, customers, and community are of the utmost importance. Current Hours of Operation for the Library: The current hours of operation for the Library include: In-person Browse, Borrow, Go Service: Victoria Avenue Library Monday 10-4; Tuesday 10-4; Wednesday 10-7; Thursday 10-4; Friday 10-4; Saturday 11-3 Community Centre Library Monday through Friday 10-4 Chippawa Library Wednesday 10-7 and Saturday 11-3 Contactless Holds Pick Up Service: Stamford Library The Stamford Library is currently closed for renovations, but open for Contactless Holds Pick Up. Monday 10-4, Wednesday 10-7, Friday 10-4, Saturday 11-3 Please visit the Library’s website at: https://my.nflibrary.ca/ for more information and any changes to the Library’s hours of operation. Page 486 of 551 COVID-19 Response Framework: Keeping Ontario Safe and Open - Lockdown Measures: The Ontario Government has released the “COVID-19 Response Framework: Keeping Ontario Safe and Open - Lockdown Measures.” Library restrictions are outlined in the following Ontario Regulations: O. Reg. 364/20, O. Reg. 263/20, and O. Reg. 82/20. The accompanying chart indicates the various levels of Library Services being offered across the framework of Green (Prevent) to Gray (Lockdown) for the Niagara Falls Public Library. Please see Appendix B attached. Noteworthy is that O. Reg. 364/20 through to O. Reg. 263/20, or from Green - Prevent through to Red - Control, the Library restrictions are the same: Public libraries may open if circulating materials that are returned or accessed within the library are disinfected or quarantined for an appropriate period of time before they are recirculated. During a Gray - Lockdown, O. Reg. 82/20 would come into effect, which places more restrictions on the delivery of Library Services, as seen in the following excerpt: 1. (1) Public libraries may only open if they comply with the following conditions: 1. Circulating materials must be reserved over the telephone or online. 2. Circulating materials may only be exchanged with members of the public through contactless drop-off, pick-up or delivery. 3. Patrons must only be permitted to enter the premises to facilitate contactless drop-off and pick-up or to access computers, photocopiers or similar services. 4. Patrons must not be permitted to be in the book stacks, or to handle circulating materials that are shelved, or in other areas of library storage. 5. Circulating materials returned to the library must be disinfected or quarantined for an appropriate period of time before they are recirculated. 6. The person responsible for the public library must comply with subsection (3), if applicable. (2) The conditions set out in paragraphs 3 and 4 of subsection (1) do not apply with respect to any space the library provides for, (a) a day camp for children described in section 27 of Schedule 2; (b) a provider of child care within the meaning of the Child Care and Early Years Act, 2014; (c) mental health support services or addictions support services, so long as no more than ten people are permitted to occupy the space; or (d) the provision of social services. (3) The person responsible for a public library shall, (a) record the name and contact information of every member of the public who attends the space described in subsection (2); (b) maintain the records for a period of at least one month; and (c) only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law. The attached chart will serve as a guide and roadmap for Library Service delivery during the pandemic for the Niagara Falls Public Library. Understandably, each Library Board throughout the province will have their own interpretation and offering of services, depending on local Public Health and Municipal guidelines. It is important to note that, as the Government Framework evolves and is revised, the Library will continue to audit services and staffing to ensure business continuity and the health and Page 487 of 551 safety of staff and customers. Please visit the Niagara Falls Public Library’s website for up to date information, for programs and services, and for digital resources at: https://my.nflibrary.ca/ Thank you: The Library Board and Staff wish to extend our sincere thanks to the Mayor and Council Members and to City Administration and Staff. While it has been a difficult and challenging year, working together in the spirit of cooperation to serve our community is a priority. The Library remains committed to offering support and assistance, and to working with our community partners in a coordinated approach to meet the needs of our residents. Respectfully submitted: Anne Andres-Jones, Niagara Falls Public Library Board Chair Alicia Subnaik Kilgour, CEO/Chief Librarian Attached: Appendix A: Niagara Falls Public Library 2019 Annual Report Appendix B: COVID-19 Response Framework: Keeping Ontario Safe and Open - Lockdown Chart for Niagara Falls Public Library Page 488 of 551 Appendix A Page 489 of 551 Page 490 of 551 COVID-19 Response Framework: Keeping Ontario Safe and Open – Lockdown Measures Niagara Falls Public Library Green - Prevent (Standard Measures) Yellow - Protect (Strengthened Measures) Orange - Restrict (Intermediate Measures) Red - Control (Stringent Measures) Gray – Lockdown (Maximum Measures) O. Reg. 364/20 O. Reg. 364/20 O. Reg. 364/20 O. Reg. 263/20 O. Reg. 82/20 Public libraries may open if circulating materials that are returned or accessed within the library are disinfected or quarantined for an appropriate period of time before they are recirculated Regulation 82/20 See other side for full details Curbside Pick Up Curbside Pick Up Curbside Pick Up Curbside Pick Up Curbside Pick Up Holds Pick Up Holds Pick Up Holds Pick Up Holds Pick Up Holds Pick Up Print Pick Up Print Pick Up Print Pick Up Print Pick Up Print Pick Up Computer Service Computer Service Computer Service Computer Service Computer Service Visiting Library Delivery Service (Contactless) Visiting Library Delivery Service (Contactless) Visiting Library Delivery Service (Contactless) Visiting Library Delivery Service (Contactless) Visiting Library Delivery Service (Contactless) Browse Borrow Go Browse Borrow Go Browse Borrow Go Browse Borrow Go Restricted Capacity: Victoria Avenue 20 MacBain/Community 10 Chippawa - 10 Restricted Capacity: Victoria Avenue 20 MacBain/Community 10 Chippawa - 10 Restricted Capacity: Victoria Avenue 20 MacBain/Community 10 Chippawa - 10 Restricted Capacity: Victoria Avenue 20 MacBain/Community 10 Chippawa - 10 Online Services 24/7 (ebooks, e-audiobooks, movies and music, online programs, online learning tools, and more) Online Services 24/7 (ebooks, e-audiobooks, movies and music, online programs, online learning tools, and more) Online Services 24/7 (ebooks, e-audiobooks, movies and music, online programs, online learning tools, and more) Online Services 24/7 (ebooks, e-audiobooks, movies and music, online programs, online learning tools, and more) Online Services 24/7 (ebooks, e-audiobooks, movies and music, online programs, online learning tools, and more) Virtual Programs Virtual Programs Virtual Programs Virtual Programs Virtual Programs WiFi WiFi WiFi WiFi WiFi Bookable/Work/Study Space Bookable/Work/Study Space Bookable/Work/Study Space Bookable/Work/Study Space LaMarsh - Multiuse LaMarsh - Multiuse LaMarsh - Multiuse LaMarsh - Multiuse LaMarsh - Warming/Cooling only *Environmental alert Return Boxes Open Return Boxes Open Return Boxes Open Return Boxes Open Return Boxes Open AskUs Telephone and Email Support AskUs Telephone and Email Support AskUs Telephone and Email Support AskUs Telephone and Email Support AskUs Telephone and Email Support Online Library Card Registration Online Library Card Registration Online Library Card Registration Online Library Card Registration Online Library Card Registration Based on the current Government framework and subject to change. Visit NFPL website for more information and updates at: https://my.nflibrary.ca/ Last updated: December 1, 2020 Appendix B Page 491 of 551 Regulation 82/20 - Grey – Lockdown - Public libraries 1.(1) Public libraries may only open if they comply with the following conditions: 1. Circulating materials must be reserved over the telephone or online. 2. Circulating materials may only be exchanged with members of the public through contactless drop-off, pick-up or delivery. 3. Patrons must only be permitted to enter the premises to facilitate contactless drop-off and pick-up or to access computers, photocopiers or similar services. 4. Patrons must not be permitted to be in the book stacks, or to handle circulating materials that are shelved, or in other areas of library storage. 5. Circulating materials returned to the library must be disinfected or quarantined for an appropriate period of time before they are recirculated. 6. The person responsible for the public library must comply with subsection (3), if applicable. (2) The conditions set out in paragraphs 3 and 4 of subsection (1) do not apply with respect to any space the library provides for, (a) a day camp for children described in section 27 of Schedule 2; (b) a provider of child care within the meaning of the Child Care and Early Years Act, 2014; (c) mental health support services or addictions support services, so long as no more than ten people are permitted to occupy the space; or (d) the provision of social services. (3) The person responsible for a public library shall, (a) record the name and contact information of every member of the public who attends the space described in subsection (2); (b) maintain the records for a period of at least one month; and (c) only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law. Page 492 of 551 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 _____________________________________________________________________________________ December 4th, 2020 Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 The Board of Management for the Niagara Falls Downtown Business Improvement Area held its Annual General Meeting (AGM) on November 5th, 2020. As a result of that meeting, the membership passed the following motion to approve the attached constitution: Motion #3: BE IT RESOLVED THAT THE MEMBERSHIP OF THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVEMENT AREA confirm the presented constitution and direct the Executive Director to send to City Council for adoption. Motion: Tony Barranca Seconded: Starr Bowes Carried As the Board of Management passed the constitution on September 29th, and the membership confirmed it at the AGM on November 5th, 2020, we ask that Council formally adopt the constitution at the upcoming council meeting. Sincerely, Ron Charbonneau, On behalf of the Board of Management Page 493 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 1 Constitution (Niagara Falls Downtown Improvement Area - NFBIA) Date: November 5th, 2020 Page 494 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 2 NAME The name of the organization is "Niagara Falls Downtown Improvement Area (commonly referred to as NFBIA)". The membership of the organization elects "the Board of Management for Niagara Falls Downtown Improvement Area (or NFBIA Board)" which is in turn appointed by the Council of the City of Niagara Falls through the passing of a bylaw. LEGISLATIVE DIRECTION The direction provided by Council pursuant to Bylaw # 98-247 which entrusted the Board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of the municipally owned lands, buildings and structures in the area beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, events, business recruitment, communication, and the marketing and promotion of the area as a business shopping area. Provincial Legislation - Municipal Act, 2001, S.O. 2001, c. 25 Designation of improvement area 204. (1) A local municipality may designate an area as an improvement area and may establish a board of management, (a) to oversee the improvement, beautification and maintenance of municipally- owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b) to promote the area as a business or shopping area. 2001, c. 25, s. 204 (1). Page 495 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 3 PURPOSE The Council of the City of Niagara Falls appoints the Board of Management of NFBIA to: Plan and administer activities for the promotion and economic development of the NFBIA as an attractive business and shopping area as well as for the maintenance of the appearance of the downtown core (to develop, promote and protect commercial viability of the area); Complete the Municipal Mandates within the BIA Handbook – Beautification, Special Events, Revitalization and Maintenance, Business Recruitment and Economic Development, Communications, Marketing and Promotion; Engage in strategic planning necessary to address NFBIA issues for its members; Advocate on behalf of the interests of NFBIA catchment and its members; Manage the money that is collected by the City of Niagara Falls from the required special BIA levy for these activities; To strive to ensure that each member of the NFBIA receives fair representation from the Board of Management. BOUNDARIES – NFBIA AREA The boundaries of NFBIA as established by City Council. All businesses within the designated area are assessed for a special levy that is collected by the City of Niagara Falls to support the activities of NFBIA. Page 496 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 4 MEMBERSHIP Membership of the organization shall consist of all property owners currently paying the levy and including tenant businesses with a gross lease located and/or operating within the designated NFBIA boundaries. Only members in good standing have a right to vote. Each property owner and business owner will have no more than one (1) vote on the BIA. If a business or property owner has multiple holdings, even if those holdings are under different name(s) or corporation number(s), they are still entitled to only one vote. If a property owner owns or operates a business within their commercial holdings, they only have one (1) vote. However, if the property owner is not the tenant of the owned space, both the property owner and the gross lease tenant each have one (1) vote on the BIA.” Only members of NFBIA have the right to vote for representatives to the Board of Management of NFBIA and to vote on issues brought to a General Meeting of NFBIA. Each member has the right to nominate an owner or employee of a business or property (or their designate) to stand for election to the Board of Management of NFBIA according to requirements set out in the Municipal Act 2002 s. 204 ss. 4. All members are entitled to voting privileges at the Annual General Meeting, one vote per member. Written proxies only are permitted. Each member has one vote regardless of the number of properties or businesses owned by any member. Any member of NFBIA may ask that issues or items of interest be placed on the agenda of NFBIA for discussion and/or resolution. They may contact any NFBIA Board member or the BIA office for inclusion of an item on an upcoming agenda. Additionally, with reasonable notice, any member may make a request in writing to make a deputation or presentation to NFBIA. Said request is to be directed to the Chair of the Board of Management. Additional membership classifications may be added and/or deleted via the NFBIA "Policies and Procedures". The removal of a member in good-standing status, with definitions and descriptions for removal in the NFBIA "internal bylaws", requires a 2/3 vote from the sitting Board of Management, with membership status to be reviewed annually. The NFBIA will continue to collect the levy after removal of the member in good standing status. Page 497 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 5 BOARD OF MANAGEMENT The Board of Management of NFBIA is a standing committee of the Council of the City of Niagara Falls, in accordance Municipal Act pertaining to BIA’s under Section 204. Remuneration Board of Management and sub-committee work is done on a volunteer basis. No Officer, member of the Board, sub-committee member, or their relatives shall directly or indirectly receive any profits or remuneration as the result of their position with NFBIA. Board Members may be paid reasonable and necessary expenses incurred in the performance of their duties that have been budgeted and receipted. Term of Office The Board's Term of Office runs concurrently with that of the Municipal Council appointing it – a full-term is considered four (4) years, with members able to sit for upwards two (2) full-terms. Afterwards a full-term of four (4) years must pass before a member is eligible to serve two (2) more consecutive terms. Officers 1. The organization shall have the following officers: Chair, Vice Chair, Immediate Past Chair, Secretary, and Treasurer 2. The duties of these officers shall be: I. Chair The Chair or designate of the BIA acts as the spokesperson of the Board as a whole and represents the will of the BIA Board of Directors. The Chair is: ● An Officer of BIA; ● A Member of the Executive Committee. ● Must have served on the Executive Committee for one (1) full year prior to nomination. If no Executive Committee member meets this qualification, a Director At-Large with one (1) full year of service may be nominated. If Page 498 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 6 no Director At-Large meets this qualification, the Board of Management may choose an elected Board Member for nomination. ● May serve upwards of a full-term of four (4) years. A non-full-term tenure would include, but is not limited to, a nomination after a previous chair resignation, after which the Chair is not permitted to be nominated for another term without having completed a four (4) year full-term rotation off of the Board of Management and an additional year of service as a Director At-Large. Responsibilities of the Chair ● Will have signing authority for the organization; ● Oversee Board and Executive Committee meetings; ● Serve as an ex-officio member of all committees; ● Work in partnership with staff to: ● Ensure Board resolutions are carried out ● Prepare the Agenda for Board Meetings ● Conduct new member orientation; ● Ensure an annual performance evaluation of the Executive Director takes place; ● Support Board Members to carry out their responsibilities; ● Call Special Meetings if necessary; ● Work with the entire Board to recruit new members, ● Serve as liaison with Senior Management Team of the City of Niagara Falls; and, ● Review and approve all Media Releases. II. Immediate Past Chair The immediate Past Chair is: ● A non-voting ex-officio; ● A Member of the Executive Committee. ● Immediately serve upwards of one (1) year directly following completion of Chair tenure. Exemptions include member in good standing status. Responsibilities of the Past Chair: ● Ensures continuity in the Association; ● Provides “corporate memory” for the Board; ● Chairs meetings in the absence of the Chair and Vice-Chair, as well as assuming the duties of Vice Chair in his or her absence; ● Acts as advisor and mentor to the Executive Committee of which they are a member; Page 499 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 7 ● In cooperation with the Chair, represents BIA to the public, and; ● After the Annual General Meeting, holds a Board meeting of the Board of Directors to elect the Officers. III. Vice Chair The Vice Chair is: ● An Officer of the NFBIA; ● A member of the Executive Committee. Responsibilities of the Vice Chair: ● May be one of the four Board Members who have signing authority; ● Acting Chair in the absence of the Chair; ● Assists the Chair in his or her duties; ● Chair is a Standing Committee. IV. Treasurer The Treasurer is: ● An Officer of the NFBIA; ● A Member of the Executive Committee. Responsibilities of the Treasurer: ● Will have signing authority for BIA; ● Ensures responsible tracking of BIA finances; ● Together with staff, ensures a record of all financial activity is presented at each Board Meeting; ● Ensures documents are prepared for the annual audit; ● Oversees the preparation of the draft budget; ● Monitors and assesses BIA’s financial activities to ensure compliance with the direction and aims of the Board; ● Ensures that all financial reporting and government records are processed in a timely manner complying with all deadlines e.g. Ensure audit by March 31st; ● Prepare a draft budget by September, gain Board and AGM approval in October, City Council approval by November 30th, to ensure an April release of funds, and; ● Chairs the Finance and Audit Committee V. Secretary The Secretary of the Board is: ● An Officer of the NFBIA; Page 500 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 8 ● A Member of the Executive Committee. Responsibilities of the Secretary of the Board: ● Will have signing authority for BIA; ● Ensures responsible tracking attendance of general meetings; ● Ensures responsible tracking of obtaining signatures of attendees of the Annual General Meeting of BIA; ● Records minutes of In Camera meetings of the Board of Directors, and; ● May chair a standing committee. ● May chair a standing committee. 3. Removal of officers: Officers serve at the pleasure of the Board and may be removed from office by a majority vote of the Board. An officer must be given notice in writing at least five (5) business days in advance of a Board meeting that a motion to remove him/her/them from office will be made. If the officer is not a Board Member, the officer shall have the right to attend and speak at the Board meeting with respect to the question of his/her/their removal. 4. Officers must provide thirty (30) days’ written notice for resignation of Board responsibilities. 5. The Board will be comprised of individuals appointed by way of a City of Niagara Falls municipal by-law Non-Voting Ex-Officio Appointees to The Board Where appropriate, the Board of Directors may appoint non-voting ex-officio representatives from the municipality, other agencies & associations (non-governmental and governmental) as non-voting ex-officio members of the Board, Board of Director and Executive Committee meetings, where appropriate. Non-voting ex-officio appointees are above and beyond the Board Directors. The non-voting ex-officio appointees may be invited to attend membership, Board of Director and Executive Committee meetings, where appropriate. Non-voting ex-officio appointees are not permitted to be in-camera unless Board of Management waves such rules. Responsibilities of the Board The Board is responsible for: 1. Drafting and approving of Policies and Procedures to ensure the effective operation of NFBIA and for amending these Policies and Procedures as necessary. Page 501 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 9 2. Ensuring that Board Policies and Procedures are implemented effectively. 3. Acting as a legal entity to enter into contracts required by the activities of the Board, such as the maintenance, beautification, promotion, economic development as well as the marketing and advertising of the downtown designated area. 4. Electing an Executive who will also act as Signing Officers for the Board. 5. Drafting an annual budget for approval by quorum of the Board of Management; submitting the approved budget to the City of Niagara Falls; requesting release of the levy and implementing the annual budget as approved by the Municipal Council and presentation of the approved budget to NFBIA membership. a. The annual budget approved by the Board of Management and ratified by City Council shall be presented to the NFBIA membership in attendance at the Annual General Meeting. Notification of this meeting shall be given to the membership not less than two weeks (fourteen days) prior to the meeting date. b. The meeting will be held every fall unless otherwise posted with a 60-day notification to the membership. c. At each Annual General Meeting audited financial statements for the previous year shall be presented to the membership. 6. The NFBIA Board shall have the authority to raise funds through events held, to supplement the budget for NFBIA programs. 7. Ensuring that financial transactions are appropriately carried out, that records of all financial transactions are maintained and that these records are audited annually by the auditing firm specified by the City of Niagara Falls. 8. Ensuring that minutes of all Board meetings are recorded and distributed to The City of Niagara Falls and its members through both the City of Niagara Falls and NFBIA websites. 9. Establishing sub-committees and appointing representatives to those sub-committees as required to deal with issues identified by the Board or as requested by The City of Niagara Falls as well as ensuring committee minutes are recorded and kept on file at the Page 502 of 551 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: November 2020 Page 10 office of the Board. 10. Hiring the Executive Director to carry out the Board's directives. 11. Maintain communication with the members regarding its activities, including but not limited to, arranging General Meetings of the membership. 12. All other activities necessary to the effective operation of the Board and NFBIA. 13. To establish bylaws for good governance of the NFBIA, provided that should there be a conflict between the said internal bylaws and the constitution, the constitution will prevail. Amendment to Constitution 1. Any amendment to this constitution may be adopted by a two-thirds (2/3) vote of the Board Members present at any Board meeting provided written notice of the proposed amendment and date of such meeting shall have been given to Board Members at least ten (10) business days prior thereto. 2. Any amendment approved by the Board is effective until the conclusion of the AGM following its adoption by the Board but must be ratified by two-thirds (2/3) of votes cast by the membership on the amendment in order to continue in effect after the AGM. Coming Into Force This Constitution shall come into force when approved by a majority of the membership of Niagara Falls Downtown Improvement Area. Passed by the Board of Management on this day September 29th, 2020 Confirmed by the Members on this day November 5th, 2020 Adopted by City Council on this day __________ Page 503 of 551 -2:mm§_2><m=:m zamma_um__m_oaaa.=_..Smea.52.=__ =_w==25momm?mmmmaim? Saris02::E>§.oa__=§=.__.8a E:_<_m.Bo:_umnm3_om«w.~o~o Q3Qmqx Q2om25%.;_um__m zamma._um__MO2. Umm?m___” Emmmm23¢m?mnsmgc:n_mqmmumwm?mno<m«Em<_n.8_._mnms?mwcgsmmm _3u3<m3m:.n>_.mm95523.~05.._.E_mgammaEma_.mnm3_<ummmma_o<Em woman0*0:28;2Em:woman_<_mm::m9.2o<m3cm«Hm.~89 Emmmmno.8Em:Em9552_mmm?3m;mm.ooo.oo.Em<nw_>_wom3_o.“Uwmn?oqm_m c:n_m_a.B:%:mEmE3n:_.n23mmm__9:3m3_omG:m<m_§_QczsmEa.om:gm3_n .3~80.<<_EEm:_om_:m$3.Emmama0..U:mn.8REmmummmmgmwmmo_::o:E3 Em=m_umn.m__.m<<=.89:,3m3UmREaEmBBmagmaUmmm"38.8. Em<nm_><<___EngEmBB93$3m$mboo.oo9:2Fmcsqmmin?mgSE _ 292.<SEman:E302:23mmEm<mm_>woma9“U:\mQoR..m::<<mm:mnmmmm2 3no::::m.8.52.Emmqmm<_¢$323.<<oqEQmmm3.Em«m.E_.:0*9:.<_m:o3 _ 3Nome<<E9...,Ecgmmr:qmuwmmmimEmsmnmmmimm.8cmvm1o2.:m99: mcmumsgma3m:<2.3oEmZ:<mm+0..~05mag3.23.3_u3<m3m:$._ 40_omn_mm5EmBBm?mnsmg.2352<<____om2:58.w<Emmxwzzmczqmmin?mg nmm:2o<<mac.9:3m3_um_.m<5:cmEmqmmqso_m<<3..85. ._.:_mccgmm?Enoszzmmio:Emwmncmm?3msm_om.nm3m33Emum<3m32Em ~o~Hnosicczoa.8Emmnozmmmsxno:<m::o:932.:%«mncmmn<5:cm 83:5_:Em_m::m«<Bmmzzm9“2.2nocsnz. EmEmswQ3ms:23Q2no::n__3..Em.,mnozzscocmmauve:$9Em<nm_>.Page 504 of 551 -wemwage><m==m 2.8%mm__m_o=§_o __=._.,m__._=583 _._m=._24_oom.m3.%m~2%: 523:.9::.§.oa_=:o=:.__.8=. O39.g3_:_mQm.8_, Sn.81m932m_>. on_man_<_m3o:Page 505 of 551 2020 2020 Budget Actual BIA 2020 Budget 475,000.00$ Administration 5050 Administration Salary 5036 Travel Expense 5000 Audit expense 5065 Intrerest on Loan 5090 Bank charges 5035 Office and miscellaneous 5045 Liability & Commercial Ins. 5055 Office Rent 5039 Computer Equipment/Repairs 5636 Business Luncheons 5640 Conference Attendance 5675 Internet Services 5635 Telephone 5655 Association Memberships 5037 Professional Fees 5010 Legal Fees Marketing/Events 5250 Marketing Consultant 5250 Website Mgmt (incl. with consult fees) 5025 Website Maintenance 5020 Marketing/Advertising/NFT Banner 1300 Street Banners 5075 Convention Centre (Commitment to 2021) 5060 Streetscaping (commitment to 2020) 5070 Lazar Show/Water Feature (to 2022) 5185 Falls Illumination (commitment to 2020) 5100 Beautification - Flower Baskets 5150 Area Maintenance 5170 Miscellaneous Event Sponsorship 5160 Winter Festival of Lights 5175 New Year's Eve 5165 NPC-Fireworks - summer Contingency 1250 HST Paid HST Cost Sub Total 5110 Capital Imp./City Of NF Commitment TOTAL Page 506 of 551 2021 Budget 185,000.00$ 36,000.00$ -$ 4,100.00$ -$ 150.00$ 1,000.00$ 3,200.00$ 3,000.00$ 500.00$ 950.00$ -$ 500.00$ 600.00$ -$ 1,000.00$ -$ 51,000.00$ 15,000.00$ 2,000.00$ 30,000.00$ 2,000.00$ 49,000.00$ -$ -$ -$ -$ 37,000.00$ 10,000.00$ 25,000.00$ -$ -$ -$ 10,500.00$ 2,500.00$ 85,000.00$ 185,000.00$ 185,000.00$ Page 507 of 551 December 5, 2020 Mayor and Council City of Niagara Falls 4310 Queen St Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and City Councillors, Re: Flag Raising : A Call for Change It is current city policy to allow flying of foreign country’s flags on their National Day as requested by respective Consul Generals of those countries. It might be because Niagara Falls is a popular travel destination & they are looking for admiration & exposure. If asked would we fly the Confederate flag, a symbol of racism. So why would we fly the Chinese flag or the North Korean, Russian, Mozambique , Vietnamese or Saudi Arabian . Countries with atrocious human rights & human security track records . Would we allow the Tibetan, Taiwanese, Uygur, Hong Kong, or Palestinian flags ? Those that are oppressed or are defacto states. We have flown the Chinese flag on their National Day , October 1, at City Hall, while they sang the praises of communist China, all the while several Canadians are still in detention in the People’s Republic of China many of them kidnapped . You may say it is apolitical to fly foreign flags such as the People’s Republic of China but it is praising a hard authoritarian regime that has been oppressing their own people with dictatorial leadership since October 1 , 1949. The PRC also has no rule of law or due process. Under current President Xi Jinping the oppression has just gotten worse . Heavier clamp down on Tibet, over 1 million Muslim Uygurs in concentration camps, Hong Kong protesters & democracy advocates arrested with no legal rights & many of them just disappearing or killed . There is also continued violence against women, minorities & all people of China. The PRC has clamped down on critics, such as our very own Jimmy Lai, who has numerous investments in Niagara-on-the-Lake , owner of the Vintage Inns, which include Prince of Wales, Queen’s Landing & The Pillar and Post . He lives in Hong Kong fighting for democracy and owns a newspaper called The Apple Daily. He is a brave soul that has been critical of the Chinese government and advocates change & democracy . He has recently been detained without bail on alleged fraud charges and is in jail . To make changes, Mr. Lai has accepted his fate in Hong Kong, sadly leaving his mother & sister Si Wai Lai here in Niagara-on-the-Lake . Canadian John Chang, of Taiwanese background not Chinese , owner of Lailey Winery in NOTL is currently in jail in China in an unknown location after shipping a container of VQA icewine in 2016 to Shanghai and he left to receive it . He was arrested and detained for alleged smuggling and his icewine confiscated. He is 66 plus years old and still in prison there and of ailing health. His wife, Canadian Allison Lu, who accompanied him , was also arrested but later released with her Canadian passport taken away and now she is stranded in China. This has left their young 28 year old daughter here to run the winery. Page 508 of 551 We know of the 2 Michaels that are in jail in China in unknown locations for alleged espionage charges. So there is Michael Spavour, Michael Kovrig, John Chang & Jimmy Lai all kidnapped and held without due process or access to family or consular services or lawyers . We know the PRC is going to ask to fly their flag again. I use the People’s Republic of China as an example because we have flown their flag before on city property at City Hall , with democratically elected officials present that represent us and where people expect respect for human rights and human security. With-all-due- respect they may have not known the seriousness of such actions and been unaware . Yes we want to fly our democratic allies flags such as USA, France, Japan or Germany. The Union Jack is an exception because it is part of our heritage & we are still part of the Commonwealth . But I believe it is a best practise not to fly any foreign national flags because of the track record of some of these countries & we can’t pick and choose as this send s the wrong message. Also our diversity can be celebrated in many other ways . There’s 196 countries in the world and it can easily be surmised that many of these countries are not compatible with Canadian values and are often the antithesis to our beliefs of fair play. The Republic of Bulgaria government is requesting this week to raise their flag at City Hall during their Nation Day, March 3, 2021. Here is an overview of human rights in Bulgaria as outlined by Amnesty International “ Conditions in reception and detention centres for refugees and asylum-seekers remained inadequate . Domestic violence was widespread . A climate of xenophobia and intolerance intensified in the run-up elections .Widespread discrimination against Roma, Jews & other minority communities resulted in incidents of violence and harassment . Journalists were threatened and prosecuted because of their work . “ Community groups & organisations would be perfectly fine to fly their flags as long as they are respectful and inclusive of our country’s rights & freedoms . For example ,we would certainly not allow the flag of pro-life support groups to be flown on city property . In close, flying organisations, groups or social movements flags is ok but flying countries flags is not a best practise as it can result in much contention & objection . Remember Michael Kovrig, Michael Spavor, John Chang & Jimmy Lai still in Chinese prisons in unknown locations. They would not want us to fly the flag of the People’s Republic of China anywhere on our soil. It does not make any sense . Just stop this practise. Our city flag raising policy needs work . Sincerely, Christian Bell Resident - Niagara Falls Page 509 of 551 Page 510 of 551 Submission to Niagara Falls City Council EPA -137 and 2020-124, “A by-law to amend By-law No. 79-200, to regulate the Riverfront plan of subdivision on the lands and to rezone the area west of the subdivision DH and EPA (AM-2019-004)” Dr. John Bacher (PhD), December 7, 2020 1. Zoning By-law Proposes Disturbing Encroachments on Environmentally Sensitive Lands In the report from the Planning Department regarding the exact zoning f or these areas, they are now described as EPA-137. The important difference between normal Environmental Protection Areas (EPA) and these lands, are the following words: ‘Underground sanitary sewer. Storm water, sewer and potable water supply infrastructure.” These departures from normal EPA were not previously publicly explained. There are three areas, all of which are of considerable environmental significance, which are proposed to be zoned EPA-137. These lands according to GR Canada’s ecological consultant Savanta are part of an “Amphibian movement” corridor stretching from north to south across the middle of the Riverfront development-linking wetlands that would be otherwise fragmented. Before the agenda for the council meeting on December 8th was put on the city website all documents showed the southerly proposed EPA-137 as a normal EPA designation. The public has not had an opportunity to comment on the proposal to zone this area differently than other EPA lands. Although there may be a pumping station and a “drainage pond” proposed for these lands in earlier documents (the mapping is unclear as to precise location to the EPA feature, which is a protected wetland), it was always described as a normal EPA. The southerly EPA 137 lands are protected wetlands. While such uses are permitted, they are supposed to be guided by an environmental assessment, which normally would compel consideration of other areas for these uses. The Planning Department should be required before a Public Meeting under the Planning Act for all the EPA-137 lands, to describe exactly what this entails, for example, how to have input into the reviews and trigger a possible hearing before the Environmental Review Tribunal. 2. Middle Block EPA-137 Area Described in Regional Comments of April 11, 2019. When the Region made its comments on April 11, 2019 the entire “Special” area had been ignored in extensive ecological studies by the applicants two consultants, Dougan and Savanta and reports by the Niagara Falls Planning Department. The area is described by Regional planners in considerable detail in pages, 2, 6 and page 12 in Appendix One of the Regional Planners’ report. Page 511 of 551 On page 6 the regional planners stated “the hydrologic features and functions on the site are complex and important including PSWs (provincially significant wetlands, two identified watercourses, (Figure 6) wetland outflow channels and even an area where water is conveyed into the ground like a sinkhole.” This conveyance feeds water into “the cluster of three SWD4-1 wetlands.” They noted that the water flows underground “ within the significant cultural woodland buffer area, where the infrastructure Block 11 is Proposed.” 2 Correctly, the Regional Planners believed that the disappearance of water into the ground was not a Karst formation but “most likely associated with previous infrastructure on the site.” This was confirmed by the Environmental Impact Study (EIS) Addendum prepared by Savanta In response to the Region’s comments, Savanta produced Figure 15 which maps Surface Water Features and Fish habitat. It shows a buried pipe extending from what Savanta in its first EIS identified as Wetland Number One. It also shows an open water channel, which it maps as Important Fish Habitat as stream WC1. However, while the region accurately describes it as an open channel flowing into the ground, it is wrongly mapped in Figure 15 by Savanta as a buried pipe in this location. The ravine through which the buried pipe flows before it flows underground is quite environmentally sensitive. The EPA-137 designation facilitates sewers being constructed under this forested habitat, the trees cut down, and a meadow created. This proposal was criticized at length by the Regional planners. They observed on page 11 that the rare savanna plants should not be relocated here in a significant woodland but in a current meadow area that they suggested should be Blocks 22 and 23. The proposed ‘Infrastructure” Block 11 should instead “remain as Significant Woodland and provide a continuous closed canopy for those species using the swamp and surrounding woodland areas and moving through the corridor.” On page 2 the planners deplored how the “proposed utility block (Block 11) would bisect “the Core Natural Heritage System (CNHS)” and remove “Significant Woodland to replace with the successional habitat, without clear exploration of alternatives considered to avoid bisecting the CNHS.” 4. EIS Studies by Savanta Illustrate Significance of Wetlands Be nefiting From WC1 Page 31 of the original Savanta EIS recognizes the importance of the wetland which WCI discharges into. It was the site of Basking Station (BS) 4 and was found to be a “breeding amphibian open wetland Significant Wildlife Habitat.” Snapping and Eastern Page 512 of 551 Midland Turtles both Species at Risk were found here. Also heard here , were Bullfrogs , a species in decline in Ontario. The additional water going into the ground in the “Special” area helps support the year long wet conditions that are required for Bullfrogs and Turtles. 5. City Council Should Not Pass Zoning by-law for Riverfront In conclusion, the City Council of Niagara Falls should not pass a zoning by-law to implement the concept of Riverfront that it approved earlier. There should be a separate Public Meeting on the approval of the EPA 137 areas. It is not appropriate that the public could not see what the permitted uses are on these lands before approval by Council. The exact nature of the environmental review on the southerly block which concerns protected wetlands should also be determined and explained publicly. Page 513 of 551 Monday, December 7, 2020 Honourable Lisa MacLeod Minister of Heritage, Sport, Tourism and Culture Industries Susan Truppe Chief of Staff, Ministry of Heritage, Sport, Tourism and Culture Industries Office Ministry of Heritage, Sport, Tourism and Culture Industries Office 6th Flr – 438 University Ave Toronto, ON M7A 1N3 Minister MacLeod: On behalf of the Niagara Falls Canada Hotel Association, I want to thank you for your recent funding support of the Niagara Parks Commission, during these arduous times. The Niagara Parks Commission is an amazing organization that provides the most unique experiences and manages the vast diversified (city within a city) that includes spectacular attractions, gardens and infrastructure that makes Niagara Falls the iconic world class destination. It would be hard to imagine what Niagara would look like, without the spectacular Niagara Parks. The Parks are a challenging entity to operate and manage under any scenario, as they rely on revenue from operations to survive. Your financial support was so essential to allow this group to continue to provide their amazing work during this unprecedented time. Thank you for your support, A Douglas Birrell Executive Director, Niagara Falls Canada Hotel Association Cc Mayor Jim Diodati Page 514 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to authorize the payment of $47,800,509.30 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 October 14, 2020 to November 23, 2020. Passed this eighth day of December, 2020 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, CITY CLERK MAYOR First Reading: December 8, 2020 Second Reading: December 8, 2020 Third Reading: December 8, 2020 Page 515 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “C” and that Schedule “C” attached hereto shall be inserted in lieu thereof. 2. That by-law 2020-112 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 8th day of December, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 516 of 551 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Rebecca Blanchard Paul Brown Marianne Catherwood Julio Cavaliere Joe Corradi Cathy Cowley Bill Crowder Angela Davy Mario Digianni Brandon Erb Jessica Fobert Ishupal Garcha John Garvie Monique Jolicoeur Cathy-Lynn Hanson Varghese Kuruvilla John MacLeod Andrea Malgie Robert Mascia Krista McGowan Ditya Patel Madison Poirier Liam Raymond Philip Rudachuk Chris Russell Morgan Sereeira Thomas Tavender Kim Watson Page 517 of 551 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200 and By-law No. 1999-30, to adjust the minimum landscaped open space regulation, to add site specific maximum height and maximum floor area regulations on the Lands (AM-2020-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 1999-30 is amended as follows: (a) by deleting Schedule 1 and replacing it with Schedule 1 attached; (b) by deleting Section 4 and replacing it with the following: “Notwithstanding clauses (g) and (h) of section 8.1.2 and in addition to the regulations contained in section 8.1.2 of By-law No. 79-200, no person shall use the land described in section 1 of this by-law and shown hatched and designated NC and numbered 469 on the plan Schedule 1, attached hereto, or erect or use any building or structure thereon except in compliance with the following regulations: (a) Minimum landscaped open space 20% of the lot area (b) Maximum height of a building or structure (i) For a parapet or cupola and 12.6 metres similar architectural features but not including a sign (ii) For all other buildings and 8 metres subject to section structures 4.7 of By-law No. 79-200 (c) Maximum floor area (i) Single unit containing a Bank, 430 square metres Trust Company, Credit Union, or Currency Exchange (ii) For any additional units 230 square metres” containing a Bank, Trust Company, Credit Union or Currency Exchange and for all other uses Page 518 of 551 2 (c) by deleting section 6 and replacing it with the following: “6. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.468 Refer to By-law No. 1999-30, as amended by By-law No. 2020-___. 19.1.469 Refer to By-law No. 1999-30, as amended by By-law No. 2020-___.” Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December 8, 2020. ........................................................ ..................................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2020\By-laws\AM-2020-006 By-law.docx Page 519 of 551 R1E 468 NC 46972.1 6 m 38 .20 m 65.67 m93.74 m109.32 m9 3 .0 0 m 88.51 m149.42 m152.43 m216.26 m3 8 6 .6 3 m 3 9 8 .3 0 m 406.84 m9 6 .5 9 m 12.20 m32.26 m 3 8 .0 5 m 123.64 m6.69 mM c L e o d R d Buckingham DrP a r k s i d e RdM c G a r r y D r Kalar RdBryanne CtKellyDrShannon DrWe s t p o r t D r C o v e n t r y R d Julie DrG r e e n f i e l d C rCourtney CrH e i k o o p C r SCHEDULE 1 TO BY-LAW NO. 99-30 Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2020\Schedule\Zoning\06\Zoning_bylaw_AM_2020_006.mxd Pinewood Homes (Niagara) Ltd. 272510000610946, 272510000610944 AM-2020-006 ¹ 11/12/2020 Description:Lot 1, Plan 59M271; City of Niagara Falls, PIN: 64264-0266 (LT) Block 97, Plan 59M271, EXCEPT Pt 1 ON 59R12640; City of Niagara Falls, PIN: 64264-1080 (LT) Block 126, Plan 59M271; S/T EASE as in LT 144442; City of Niagara Falls, PIN: 64264-0391 (LT) NTS Page 520 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Lot 1, Block 97 and Block 126, Plan 59M-271 to be deemed not to be within a registered plan of subdivision (DB-2020-010). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1999; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lot 1, Block 97 and Block 126, Plan 59M-271, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\DEEMING BY-LAW\DB-2020-010, 7067 Kalar Road\Deeming By-law AM2020006.docx Page 521 of 551 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 2 apartment dwellings containing a total of 27 dwelling units (AM-2020-008) and to repeal By-law No. 2008-050. 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 gov erning the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 96 square metres for each dwelling unit (b) Minimum front yard depth 4.5 metres after necessary road widenings have been dedicated (c) Minimum rear yard depth 24 metres (d) Minimum interior side yard width i) for a mechanical room not exceeding 3 metres in height ii) for any other building or structure 4.4 metres 6 metres (e) Minimum exterior side yard width i) for a building or structure within 41 metres of the rear lot line 6 metres Page 522 of 551 2 ii) for any other building or structure 5.1 metres (f) Maximum building height 12.1 metres subject to Section 4.7 of By-law No. 79-200 (g) Maximum number of apartment dwellings on one lot 2 (h) Minimum number of parking spaces 1.25 spaces for each dwelling unit (i) Maximum projection of a balcony into a required exterior side yard 1.2 metres (j) The balance of regulations specified for a R5C use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from TRM, in part, and R5A and numbered 816, in part, to R5C and numbered 1138. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1138 Refer to By-law No. 2020-___. 11. By-law No. 2008-050 is repealed and subsection 19.1.816 is deleted. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2020\By-laws\Byam008.docx Page 523 of 551 0.6m 18.4m4 1 .8 m42.7m4 6 .3 m 60.9mWilson CrM c L e o d R d W e n d y D rMerri t t AvSCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2020\Schedule\Zoning\08\Zoning_bylaw_AM_2020_008.mxd LAYLEN DEVELOPMENT CORP. 272508000408000, 272508000407900, 272508000407800 AM-2020-008 ¹ 11/2/2020 Description:1STLY: LOT 1 PLAN 85 STAMFORD; 2NDLY: PART OF LOT 1 PLAN 207 STAMFORD PART1, 59R16667; CITY OF NIAGARA FALLS PIN: 64372-0117 (LT) LT 2 PL 85 STAMFORD; LT 3 PL 85 STAMFORD; NIAGARA FALLS PIN: 64372-0118 (LT) NTS 1138 R5C Page 524 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Lots 1, 2 and 3, Plan 85 to be deemed not to be within a registered plan of subdivision (DB-2020-008). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1948; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 1, 2 and 3, Plan 85, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\DEEMING BY-LAW\DB-2020-008, 6546 McLeod Road\Deeming By-law AM2020008.docx Page 525 of 551 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to permit the use of the Lands for an apartment dwelling (AM-2020-012). 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 R5A zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 180 square metres for each dwelling unit (b) Minimum number of parking spaces 1.37 spaces for each dwelling unit (c) Minimum landscaped open space 30% of the lot area, which shall include a 3 metre wide landscaped open space strip between a parking area and the Dorchester Road right-of-way, save and except for one driveway entrance, and a 2 metre wide landscaped open space strip between a parking area and a side lot line (d) The balance of regulations specified for a R5A 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 526 of 551 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 to R5A and numbered 1139. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1139 Refer to By-law No. 2020-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2020\By-laws\Byam0012.docx Page 527 of 551 31.8m5 7 .4 m 75m 1 2 4 .1 m Wi l i n g e r S tDorchester RdSCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2020\Schedule\Zoning\12\Zoning_bylaw_AM_2020_012.mxd 2661457 ONTARIO LTD. 272504001602800 AM-2020-012 ¹ 11/2/2020 Description:PT TWP LT 35 AS IN RO701499; NIAGARA FALLS PIN:64288-0233(LT) NTS R5A 1139 Page 528 of 551 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to regulate the Riverfront plan of subdivision on the lands and to rezone the area west of the subdivision DH and EPA (AM-2019-004). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as seven parcels, known as Parcels R4-1133, R4- 1134, OS, NC, DH-1135, EPA-1136, EPA-1137. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R4-1133: (i) The uses permitted in a R4 zone (ii) Detached dwelling (iii) Semi-detached dwelling (iv) Second unit in a detached, semi-detached and townhouse dwelling unit (v) Home occupation in a detached dwelling, semi-detached dwelling or a townhouse dwelling unit (b) For Parcel R4-1134: (i) The uses permitted in a R4 zone (ii) Detached dwelling (iii) Semi-detached dwelling (iv) Second unit in a detached, semi-detached and townhouse dwelling unit (v) Home occupation in a detached dwelling, semi-detached dwelling or a townhouse dwelling unit (vi) Stacked townhouse dwelling (vii) Community centre (viii) Coffee shop (ix) Personal service shop (x) Retail store (xi) Restaurant Page 529 of 551 2 (xii) Clinic (xiii) Animal clinic (xiv) Art gallery (xv) Dancing studio (xvi) Photographer’s studio (xvii) Health centre (c) For Parcel NC, the uses permitted in a NC zone, (d) For Parcel OS, the uses permitted in an OS zone (e) For Parcel DH-1135, the uses permitted in an DH zone, save and except a detached dwelling (f) For Parcel EPA-1136: (i) The uses permitted in an EPA zone (ii) Recreational trails authorized by the Niagara Peninsula Conservation Authority (g) For Parcel EPA-1137: (i) The uses permitted in an EPA zone (ii) Recreational trails authorized by the Niagara Peninsula Conservation Authority (iii) Underground sanitary sewer, stormwater sewer and potable water supply infrastructure 6. The regulations governing the permitted uses on Parcel R4-1133 shall be: (a) Minimum lot area, as calculated on the entire area of a block in a plan of subdivision 200 sqaure metres for each dwelling unit (b) Minimum frontage of a block in a plan of subdivision (i) for a townhouse dwelling or apartment dwelling containing more than 4 dwelling units or for a detached dwelling or semi- detached dwelling (ii) for a townhouse dwelling or apartment dwelling containing 4 dwelling units or less 20 metres 15 metres (c) Street frontage interpretation Nothing in Section 4.11 of By- law No. 79-200 or clause (b) of this section shall be deemed to require each dwelling to front onto or abut a street Page 530 of 551 3 (d) Minimum land unit frontage on a street or private street (i) For a detached dwelling (ii) For a unit in a semi-detached dwelling (iii) For a unit in a townhouse dwelling 8 metres 7 metres 5 metres (e) Minimum front yard depth and exterior side yard width (i) From a street (ii) From a private street on a land unit less than 20 metres wide (iii) From a private street on a land unit 20 metres wide or greater (iv) From a private street on a land unit 20 metres wide or greater for a garage with its side elevation facing the private street 3 metres 1 metre 6 metres 3 metres (f) Maximum front yard depth and exterior side yard width from a street or private street 15.5 metres (g) Minimum rear yard depth, from the rear land unit line (i) Where the rear unit line abuts a private lane (ii) In all other cases 0.5 metres 4 metres (h) Minimum yard depth or yard width for all buildings and structures from an EPA-1136 or EPA-1137 zone boundary, notwithstanding Section 8 of this by-law 4 metres (i) Minimum separation distance between buildings on the same block 1.8 metres (j) Maximum lot coverage None Page 531 of 551 4 (k) Maximum height of a building 14 metres or 3 storeys, whichever is lesser, subject to Section 4.7 of By-law No. 79- 200 (l) Number of dwellings on one block Unlimited (m) Minimum number of parking spaces (i) For a detached dwelling or dwelling unit, save and except a second dwelling unit, as calculated on the entire area of a block in a plan of subdivision (ii) for a second dwelling unit 1.25 spaces per dwelling unit 1 space per second dwelling unit (n) Parking space and aisle dimensions In accordance with Section 4.19.1 of By-law No. 79-200 (o) Minimum landscaped open space 20% of the block area (p) Minimum amenity area per dwelling unit 10 square metres (q) Accessory buildings and accessory structures In accordance with Section 8 of this by-law (r) Minimum yard width or yard depth for a deck from a street or block line 0.5 metres (s) Maximum width of a driveway or parking area and a garage in the front yard of a land unit 50% of the land unit frontage or 6 metres, whichever is less (t) Vehicular access to a garage in the front yard of a land unit from a public or private street (i) For a land unit with a width of 11 metres or more (ii) For a land unit with a width of less than 11 metres Notwithstanding Section 4.19.3 (c) of By-law No. 79-200, No decorative wall, landscape strip or landscaped berm shall be required for a parking Permitted Not permitted Page 532 of 551 5 area associated with an access under this sub clause (u) Occupancy of a primary dwelling unit by the owner of the land unit where a second dwelling unit is located within the primary dwelling or within an accessory building Not required 7. The regulations governing the permitted uses on Parcel R4-1134 shall be: (a) Minimum lot area, as calculated on the entire area of a block in a plan of subdivision 133 square metres for each dwelling unit (b) Minimum frontage of a block in a registered plan of subdivision (i) For a townhouse dwelling, stacked townhouse dwelling or apartment dwelling containing more than 4 dwelling units or for a detached dwelling or semi- detached dwelling (ii) For a townhouse dwelling, stacked townhouse dwelling or apartment dwelling containing 4 dwelling units or less 20 metres 15 metres (c) Street frontage interpretation Nothing in Section 4.11 of By- law No. 79-200 or clause (b) of this section shall be deemed to require each dwelling to front onto or abut a street (d) Minimum land unit frontage on a street or private street (i) For a detached dwelling (ii) For a unit in a semi-detached dwelling (iii) For a unit in a townhouse dwelling (iv) For a unit in a stacked townhouse dwelling 8 metres 7 metres 5.5 metres 2 metres Page 533 of 551 6 (e) Minimum front yard depth and exterior side yard width (i) For a building or structure in excess of 17 metres and 4 storeys in height, whichever is lesser, from a street (ii) For all other buildings or structures, from a street (iii) For all buildings or structures, from a private street on a land unit less than 20 metres wide (iv) For a garage with is its side elevation facing a private street on a land unit 20 metres wide or greater (v) For all buildings or structures from a private street on a land unit 20 metres wide or greater 7.5 metres 3 metres 1 metre 3 metres 6 metres (f) Maximum front yard depth and exterior side yard width from a street or a private street 15.5 metres (g) Minimum rear yard depth, from the rear land unit line (i) Where the rear unit line abuts a private lane (ii) In all other cases 0.5 metres 4 metres (h) Minimum yard depth or yard width for all buildings and structures from an EPA-1136 or EPA 1137 zone boundary, notwithstanding Section 8 of this by-law 4 metres (i) Minimum separation distance between buildings on the same block 1.8 metres (j) Maximum lot coverage None Page 534 of 551 7 (k) Maximum height of building (i) For a stacked townhouse dwelling (ii) For an apartment dwelling (iii) For all other uses 17 metres or 4 storeys, whichever is lesser, subject to Section 4.7 of By-law No. 79- 200 26 metres or 6 storeys, whichever is lesser, subject to Section 4.7 of By-law No. 79- 200 14 metres or 3 storeys, whichever is lesser, subject to Section 4.7 of By-law No. 79- 200 (l) Number of dwellings on one block Unlimited (m) Minimum number of parking spaces (i) For a detached dwelling or dwelling unit, save and except a second dwelling unit, as calculated on the entire area of a block in a plan of subdivision (ii) For a second dwelling unit (iii) For a community centre (iv) For all other uses 1.25 spaces per dwelling unit 1 space per second dwelling unit 1 space per 42 square metres of gross leasable floor area In accordance with Section 4.19.1 of By-law No. 79-200 (n) Parking space and aisle dimensions In accordance with Section 4.19.1 of By-law No. 79-200 (o) Minimum landscaped open space 20% of the block area (p) Loading area requirements In accordance with Section 4.20 of By-law No. 79-200 (q) Minimum amenity area per dwelling unit 5 square metres (r) Accessory buildings and accessory structures In accordance with Section 8 of this by-law Page 535 of 551 8 (s) Minimum yard width or yard depth for a deck from a street or block line 0.5 metres (t) Maximum width of a driveway or parking area and a garage in the front yard of a land unit 50% of the land unit frontage or 6 metres, whichever is less (u) Vehicular access to a garage in the front yard of a land unit from a street (i) For a land unit with a width of 11 metres or more (ii) For a land unit with a width of less than 11 metres Notwithstanding Section 4.19.3 (c) of By-law No. 79-200, No decorative wall, landscape strip or landscaped berm shall be required for a parking area associated with an access under this sub clause Permitted Not permitted (v) Maximum combined floor area of all uses listed in sub clauses (viii) through to and including (xvii) of Section 5(b) of this by-law on lands zoned R4-1134 930 square metres (w) Occupancy of a primary dwelling unit by the owner of the lot or land unit where a second dwelling unit is located within the primary dwelling unit or within an accessory building not required 8. The regulations governing the erection and use of accessory buildings and accessory structures on Parcels R4-1133 and R4-1134 shall be: (a) Location of accessory buildings in a front or exterior side yard No accessory building, save and except a detached garage, shall be located in a front or exterior side yard (b) Minimum front yard depth and exterior side yard width between an accessory building and a street 3 metres (c) Maximum height of an accessory building containing a second unit 10 metres and 2 storeys, whichever is lesser Page 536 of 551 9 (d) Minimum rear yard depth between a detached garage and private lane 0.5 metres (e) Minimum rear yard depth and minimum setback from the rear unit line of a land unit of an accessory building containing a second unit 0.5 metres (f) Minimum side yard width and minimum setback from the side unit line of a land unit of an accessory building containing a second unit 0.9 metres (g) The balance of regulations specified for an accessory building or accessory structure in accordance with Sections 4.13 and 4.14 of By-law 79-200 9. The regulations governing the permitted uses on Parcel NC shall be the regulations for a NC use. 10. The regulations governing the permitted uses on Parcel OS shall be the regulations for an OS use. 11. The regulations governing the permitted uses on Parcel DH-1135 shall be the regulations for a DH use. 12. The regulations governing the permitted uses on Parcel EPA-1136 shall be: (a) Zone Boundary Interpretation Notwithstanding the zone boundaries shown on Schedule 1 attached hereto, the zone boundaries of Parcel EPA-1136 shall be deemed to follow a lot line of a block created by a registered plan of subdivision (b) The balance of the regulations specified for an EPA use 13. The regulations governing the permitted uses on Parcel EPA-1137 shall be: (a) Zone Boundary Interpretation Notwithstanding the zone boundaries shown on Schedule 1 attached hereto, the zone boundaries of Parcel EPA-1137 shall be deemed to follow a lot line of a block created by a registered plan of subdivision (b) The balance of the regulations specified for an EPA use Page 537 of 551 10 14. For the purposes of this by-law: “land unit” means part of a property designated as a unit under a vacant land condominium description or common element condominium description as defined in the Condominium Act, S.O. 1998 and includes the space enclosed by its boundaries and all the land structures and fixtures within this space in accordance with the declaration and description, but shall not include a unit in an apartment dwelling. For the purposes of this by-law, a lot shall be considered to be a land unit, but a block shall not. “front unit line” means, in the case of an interior land unit, the line dividing the land unit from the street or private street, where the land unit has a front unit line and a side unit line that abuts a street or private street, the shorter unit line abutting a street or private street shall be deemed to be a front unit line, provided that, where such unit lines are equal, the land unit line abutting the street or private street upon which the building or structure erected or to be erected has its principal entrance shall be deemed to be the front unit line, where the land unit has a front unit line and a rear unit line that abuts a street or private street, the unit line where the principal access to the land unit is provided shall be deemed to be the front unit line, and where a land unit abuts a street or private street and a private lane, the unit line that abuts a street or private street shall be deemed to be the front unit line. In the case of a land unit that abuts a common element walkway, the front unit line shall be deemed to be the unit line that abut s a common element walkway created by a condominium description. “rear unit line” means the unit line farthest from and opposite the front unit line; where the lot is triangular in shape and there is no rear unit line, the rear unit line shall be the point where the side unit lines meet and shall be the point of intersection farthest from and most opposite the front lot line. “side unit line” means a land unit line other than a front unit line or rear unit line. “private street” means a thoroughfare, created by a condominium description having a maximum width of 12 metres or less which affords a means of access to abutting units but does not include a street or a private lane. “private lane” means a lane, created by a condominium description having a maximum width of less than 12 metres which affords only a secondary means of access to the side or rear unit lines of a land unit and is not intended for general traffic circulation, but does not include a street or a private street. “stacked townhouse dwelling” means a building containing four or more dwelling units divided horizontally and vertically, with each dwelling unit having a private entrance to the grade level. 15. Sections 5.1(a) and 5.1(b) of By-law No. 79-200 shall not apply to govern the permitted uses on the Lands. 16. 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. Page 538 of 551 11 17. No person shall use the Lands for a use that is not a permitted use. 18. No person shall use the Lands in a manner that is contrary to the regulations. 19. The provisions of this by-law shall be shown on Sheets C6 and C7 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from GI, in part, GI and numbered 32, in part, and OS and numbered 611, in part, to R4 and numbered 1133, in part, R4 and numbered 1134, in part, OS, in part, NC, in part, DH and numbered 1135, in part, EPA and numbered 1136, in part and EPA and numbered 1137, in part . 20. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1133 Refer to By-law No. 2020-___. 19.1.1134 Refer to By-law No. 2020-___. 19.1.1135 Refer to By-law No. 2020-___. 19.1.1136 Refer to By-law No. 2020-___. 19.1.1137 Refer to By-law No. 2020-___. Read a first, second and third time; passed, signed and sealed in open Council this 8th day of December, 2020. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 539 of 551 12 APPENDIX “A” Legal Description LT 76 PL 8 STAMFORD; LT 77 PL 8 STAMFORD; PT LT 75 PL 8 STAMFORD; PT TWP LT 212 STAMFORD; PT TWP LT 213 STAMFORD; PT TWP LT 214 STAMFORD; PT RDAL BTN TWP LT 212 & 213 STAMFORD; PT RDAL BTN TWP LT 214 & 215 STAMFORD (AS CLOSED BY BYLAW ST21822) AS IN RO678536; NIAGARA FALLS PIN: 64444-0119 (LT) PCL E-1 SEC M67; BLK E (1 FT RESERVE) PL M67 NIAGARA FALLS BEING PT 8 ON 59R12504; NIAGARA FALLS PIN: 64444-0113 (LT) PT MURIE ST PL M67 NIAGARA FALLS, PT 1 59R12504; NIAGARA FALLS PIN: 64444-0230 (LT) PT BLK A PL M67 NIAGARA FALLS, PT 4 59R12504; NIAGARA FALLS PIN: 64444-0232 (LT) PCL 28-1 SEC M67; LT 28 PL M67 NIAGARA FALLS; NIAGARA FALLS PIN: 64444-0099 (LT) PCL 27-1 SEC M67; LT 27 PL M67 NIAGARA FALLS; NIAGARA FALLS PIN: 64444-0098 (LT) PCL 26-1 SEC M67; LT 26 PL M67 NIAGARA FALLS; NIAGARA FALLS PIN: 64444-0097 (LT) PART TOWNSHIP LOTS 212, 213, 214 AND 215 STAMFORD; PART ROAD ALLOWANCE BETWEEN TOWNSHIP LOTS 212 AND 213 STAMFORD (AS CLOSED BY BYLAW ST21744, ST21822 AND ST21635); PART ROAD ALLOWANCE BETWEEN TOWNSHIP LOTS 214 AND 215 STAMFORD (AS CLOSED BY BYLAW ST2498), DESIGNATED AS PART 3, PLAN 59R- 15138; CITY OF NIAGARA FALLS PIN: 64443-0438 (LT) PT TWP LTS, 212, 213, 214, 215, 216 STAMFORD; PT RDAL BTN TWP LT 212 &213, STAMFORD; PT RDAL BTN TWP LT 214 & 215 STAMFORD BEING PART 1 ON 59R13022; NIAGARA FALLS PIN: 64443-0415 (LT) Page 540 of 551 9 9999 9 9 9 99 9 9 999 99 999 99 999999 999 9 99 99999 9999110.1m 115.8m189.4m226.6m246.6m268.5m45.6m47.2m 55.8m 67.1m 8 4 .3 m108.9m1 2 8 .6 m 1 4 8 m 142.6m8.7m 14.8m 26.2m26.4m 29.1m 41.2m 23.5m 31.8m 33.3m 33.3m 46.5m 47.3m 33.4m 3 8 .2 m39m 36.1m42.7m 43m 47.1m 48.1m 48.6m 49.6m 98m55m57.6m57.2m 45.3m58.5m72.9m 62.9m 60m 62.5m 62.6m 64.1m 65.2m 68m56.8m70.1m 7 1 m 77.9m 72.6m73.1m82.1m86.7m45.2m76.7m93.5m 82.2m 89.9m96.4m 103.9m88.6m 99.3m99.9m 101m105.6m 110.4m111.7m71.6m 1 1 9 .1 m 120.5m 1 1 1 .7 m 121.5m122.8m 121 m 124.1m116.3m125.3m 125.6m129.5m134.5m138.3m 1 6 5 m165.7m 151 m 165.8m198.7m 221.7m280.2m 301.4m 335.2m496.1m328.8m 212.9m 1 4 9 m 9 6 .1 m 47.2m 10.2m 42m 55.2m 35.5m 45.2m 9 D o nMuri eSt Dorchester RdChippawa PySCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\04\Zoning_bylaw_AM_2019_004.mxd GR (CAN) INVESTMENT CO LTD 272511000101100, 272511000105301,272511000112750 AM-2019-004 ¹ 11/26/2020 R4-1133 R4-1134 DH-1135 EPA-1136 EPA-1137 NC OS Description:See Appendix "A" NTSWelland RiverPage 541 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Lot 8, Plan 160 to be deemed not to be within a registered plan of subdivision (DB-2020-009). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1953; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lot 8, Plan 160, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\DEEMING BY-LAW\DB-2020-009, 4500 & 4536 Montrose Road\Deeming By-law.docx Page 542 of 551 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 53 townhouse dwelling units and a semi-detached dwelling in accordance with an Order Issued by the Local Planning Appeal Tribunal (AM-2018-016). 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. All Regulations contained within Section 7.9 Residential Low Density, Grouped Mulitple Dwelling Zone (R4 ZONE) shall apply, except for the following modifications: (a) In addition to the uses permitted under 7.9.1 Permitted Uses, the following use shall also be permitted: (i) A semi-detached dwelling 5. Notwithstanding any corresponding provision in Section 7.9.2 Regulations, the following shall apply: (a) Minimum lot area (i) For a townhouse and semi-detached dwelling 248 square metres per dwelling unit (b) Minimum rear yard depth (i) For a townhouse dwelling 7.5 metres, except where a side elevation of the townhouse dwelling abuts a rear lot line the setback to that elevation may be reduced to a minimum of 3.30 metres 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. Page 543 of 551 2 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheets C1, C2, D1 and D2 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R1E to R4 and numbered 1141. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1141 Refer to By-law No. 2020-_______. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ...................................................................... ……………………………………. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2018\By-laws\Byam016B.docx Page 544 of 551 T h o m p s o n R d Portage RdStanley Av23 .7 m 30.5m48.9m5 4 .7 m 61.2m7 8 .6 m 79.6m1 5 5 .4 m SCHEDULE 1 TO BY-LAW NO. 2020- Subject Land: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2018\Schedule\Zoning\16\bylaw_AM2018_016.mxd 10736198 Canada Inc. 272510000108303 AM-2018-16 ¹ 11/20/2020 Description:Part of Lot 23, Geographic Township of Stamford,Now in the City of Niagara, Regional Municipality of Niagara R4 NTS 1141 Page 545 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Blocks 4 & 5, Registered Plan 59M-474, not to be subject to part- lot control (PLC-2020-004). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2013-126 to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Blocks 4 & 5 into 12 parcels, 7 with easements, to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 4 & 5, Registered Plan 59M-474, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of December, 2020. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2020\PLC-004\By-law.docx Page 546 of 551 CITY OF NIAGARA FALLS By-law No. 2020 – A by-law to amend by-law 2006-48, being a by-law to provide for the collection of interim taxes and taxes from year to year and to remain in force until repealed. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2006-48 is amended as follows: a) By deleting Section 3 in its entirety and inserting in lieu thereof, the following: “3. In accordance with subsection 345(2) of the Municipal Act, there shall be imposed a penalty for non-payment or late payment of all installment amounts that become due in accordance with Schedule A and remain unpaid. The penalty shall be one and one-quarter percent (1.25%) of the amount in default on the first day immediately following the installme nt due date. b) By deleting Section 4 in its entirety and inserting in lieu thereof, the following: 4. In accordance with subsection 345(3) of the Municipal Act, interest shall accrue at a rate of one and one-quarter percent (1.25%) against all amounts that have become due and remain unpaid. Such interest shall be calculated and imposed on the first day of the calendar month following the default of each installment levied pursuant to Schedule A and again on the first day of each calendar month thereafter for so long as the installment remains unpaid. That for further clarity, interest imposed under this by-law shall not begin to accrue prior to the first day a tax amount has become due and remains unpaid.” Read a first, second, third time and passed. Signed and sealed in open Council this 8th day of December, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 547 of 551 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, Speed Limits on Highways, Pedestrian Crossovers) --------------------------------------------------------------- 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 Rideau Street North A point 38 metres east of Kalar Road 8:00AM to 4:00PM And Pitton Road Monday to Friday September 1 to June 30 Rideau Street South A point 38 metres east of Kalar Road and 8:00AM to 4:00PM a point 55 metres east of Kalar Road Monday to Friday September 1 to June 30 Page 548 of 551 (b) by removing from the specified columns of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART3 – 70KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED KM/H Beck Rd. Lyons Creek Rd. and Gonder Rd. 70 (c) by adding to the specified columns of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART3 – 70KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED KM/H Beck Road A point 530 metres south of Lyons Creek Road 70 and Gonder Road (d) by adding to the specified columns of Schedule AB thereto the following items: PEDESTRIAN CROSSOVERS COLUMN 1 COLUMN 2 HIGHWAY LOCATION Weinbrenner Road 150 metres east of Campbell Avenue Weinbrenner Road 340 metres east of Campbell Avenue Weinbrenner Road At Campbell Avenue This By-law shall come into force when the appropriate signs are installed. Passed this eighth day of December, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2020 Second Reading: December 8, 2020 Third Reading: December 8, 2020 Page 549 of 551 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to declare surplus, and, authorize the transfer of 5017 Victoria Avenue to Niagara Regional Housing. WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123, governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of December 8, 2020, adopted the Recommendations of Council Report L- 2020-14, to declare 5017 Victoria Avenue as surplus, and, transfer the lands to Niagara Regional Housing for nominal consideration; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law, and, to authorize the transfer of the lands; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That 5017 Victoria Avenue legally described as Part Block 6 on Plan 1002 as in RO226015; City of Niagara Falls, being all of PIN 64338-0062 (LT) (the “Subject Lands”) is hereby declared surplus. 2. That the transfer of the Subject Lands to Niagara Regional Housing, for nominal consideration, is authorized and approved. 3. That upon final passage of this by-law, the City Solicitor shall cause same to be registered in the local Land Registry Office, concurrently with the Transfer. 4. That the Mayor and City Clerk and City Solicitor, and in his absence, the Chief Administrative Officer or his designate, are hereby authorized to execute any and all documentation necessary to complete the transaction, and to affix the corporate seal thereto. 5. That the City Clerk is authorized to effect any minor modifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this eighth day of December, 2020. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 550 of 551 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 8th day of December, 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 8th day of December 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 8th day of December, 2020. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 551 of 551