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02-09-2021
City of Niagara Falls Agenda City Council Meeting Tuesday, February 9, 2021 @ 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) February 9, 2021 - Resolution to go In-Camera 13 2. CALL TO ORDER O Canada: Performed by: Isabella Milano (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 19, 2021 Minutes - City Council - 19 Jan 2021 14 - 38 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. DELEGATIONS / PRESENTATIONS 6.1. Niagara Parks Commission 39 - 55 Page 1 of 819 David Adames, CEO of the Niagara Parks Commission, along with Sandie Bellows, Chair of Niagara Parks, will be presenting a brief update to Council respecting Niagara Park's initiatives. Niagara Parks at a Glance - Backgrounder Presentation - Niagara Parks Update - City of Niagara Falls - Final 7. PLANNING MATTERS 7.1. PBD-2021-05 (Additional comments and presentation added; Request for Deferral added) AM-2019-022, Official Plan and Zoning By-law Amendment Application 5359 River Road (Grandview Inn) 5287, 5401, 5411 and 5427 River Road and 4465 Eastwood Crescent (Proposed Satellite Accommodation) Proposal: Proposed Satellite Accommodation in Conjunction with an Inn (Grandview Inn) Owner: 1907782 Ontario Inc. (John Pinter) Agent and Applicant on Behalf of the Owner: NPG Planning Solutions (Heather Sewell) AM-2019-022 Request for Deferral PBD-2021-05, AM-2019-022, Satellite Accomodations in Conjunction With Grandview Inn, 5359 River Road Presentation -AM-022 Niagara Historic Inns PB AM-2019-022 - Comments in support of application (redacted) AM-2019-022 - Comments in opposition (Redacted) AM-2019-022 - Additional Comments in Support (2) (Redacted) AM-2019-022 - Additional Comments in Opposition (2) (Redacted) AM-2019-022 - Additional Comment in opposition (3) (Redacted) AM-2019-022 - Additional Comments in opposition (4) - Redacted AM-2019-022 - Additional Comments in support (3) Redacted 56 - 176 Page 2 of 819 7.2. PBD-2021-06 (Additional comment from resident and correspondence from DOCA - Department of Consultation and Accommodation and presentation added) AM-2020-011, Official Plan and Zoning By-law Amendment Application South west corner of McLeod Road and Alex Avenue Proposal: Five, 3.5 Storey Apartment Buildings with a Total of 108 Units Applicant: M5V Inc. (Sherard McQueen) PBD-2021-06 AM-2020-011 SW corner McLeod and Alex M5V Inc Presentation - AM-011 McLeod Rd and Alex Ave, OP and ZBLA, 5 apt bldgs COUNCIL Email from Rich Merlino - AM-2020-011 (Redacted) AM-2020-011, McLeod Road & Alex Ave, Comment from resident (Redacted) Addional comment from Resident (Woodhead) Email from Megan DeVries - Archaeological Operations Supervisor DOCA Archaeological Review Agreement [2021] DOCA Project Response Letter re Archaeological Review [2021] DOCA Project Response Letter re FLR Participation [2021] MCFN FLR Participation Agreement [2021] MCFN Standards and Guidelines for Archaeology [2020] Additional Comments from Mike K (REDACTED) 177 - 282 8. PRESENTATION 8.1. 2021 Operating Budget (Presentation added) Tiffany Clark, Director of Finance, will be presenting the 2021 Operating Budget to Council. 2021 OPERATING BUDGET - MEDIA 283 - 495 Page 3 of 819 Presentation - 2021 Tax Supported Operating Budget 02.09.21 8.2. 2021 Parking Budget Tiffany Clark, Director of Finance, will be available for comment if necessary. 2021 Parking Budget 01.19.21 496 - 504 9. REPORTS 9.1. F-2021-11 Increase to Low Income Seniors’ Property Tax Rebate F-2021-11 Increase to Low Income Senior Property Tax Reba te 505 - 506 9.2. F-2021-12 (Report added) 2021 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations F-2021-12 2021 Boards, Fee for Serivce, Grants and Honararium Recommendation1 F-2021-12 Attachment 1 Boards and Commissions, Fee for Service, Grants, Honorariums 8 Year Funding History F-2021-12 Attachment 2 Boards and Commissions, Fee for Service, Grants, Honorariums 2021 Asks and Recommendations 507 - 514 9.3. HR-2021-02 (Report and memo added) Diversity and Inclusion Advisory Committee, and Anti-Racism Advisory Committee HR-2021-02 (Committees of Council Diversity Inclusion and Anti- Racism) R&C Memo - Anti-Racism Committee 515 - 518 9.4. L-2021-03 Encroachment Agreement with the City 4751 Morrison Street and encroachments into the Morrison Street road allowance (Reda Realty Inc.) Our File No. 2020-187 519 - 531 Page 4 of 819 L-2021-03 - Encroachment Agreement for Reda Realty Inc. (with attachments) 9.5. MW-2021-09 Garner Estates – Follow-up Review MW-2021-09 Garner Estates - Follow-up Review MW-2021-09 - Attachment 1 - Summary of Public Open House Comments MW-2021-09 - Attachment 2 - TS-2020-10 Garner Estates - Speed Control Review 532 - 544 9.6. MW-2021-11 Clifton Hill – Parking Controls MW-2021-11 Clifton Hill - Parking Controls MW-2021-11 - Attachment 1 - Clifton Hill - Parking Controls 545 - 547 9.7. MW-2021-14 Clifton Hill Sidewalk Widening Update MW-2021-14 - Clifton Hill Sidewalk Widening Update 548 - 550 9.8. MW-2021-10 (Additional support letters added) Centre Street – Temporary Sidewalk Cafe Review 2021 Season MW-2021-10 Centre Street - Temporary Sidewalk Cafe Review 2021 Season MW-2021-10 - Attachment #1 - Concept Plan MW-2021-10 - Attachment #2 - BIA and Area Businesses correspondance MW-2021-10- Additional Support letters - Centre Street MW-2021-10 - Letters from businesses added 551 - 592 9.9. MW-2021-13 593 - 597 Page 5 of 819 Proposed Parking Fine Increase Update Report MW-2021-13 Proposed parking penalty rate increase update report MW-2021-13 Appendix A - fine rate increase comparison 2021 9.10. PBD-2021-07 Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020-001, 5528 Ferry Street, (formerly 5510-5526 and 5536 Ferry Street, 5916 Allendale Avenue, 5943 Stanley Ave, and a vacant parcel on Stanley Avenue). Applicant: La Pue International Inc. (Pawel Fugeil) PBD-2021-07, DRU-2020-001, La Pue, 5528 Ferry Street 598 - 604 10. 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-2021-09 Monthly Tax Receivables Report – December F-2021-09- Tax Receivables Monthly Report (December) F-2021-09 Attachment 605 - 608 MW-2021-12 Assumption of Various Subdivisions MW-2021-12 Assumption of Various Subdivisions MW-2021-12 Location Map #1 Deerfield Estates Phase 9 MW-2021-12 Location Map #2 Deerfield Estates Phase 10 MW-2021-12 Location Map #3 Windy Lane 609 - 618 Page 6 of 819 MW-2021-12 Location Map #4 Chippawa West Phase 2 Stage 2 MW-2021-12 Location Map #5 Optimist Park MW-2021-12 Location Map #6 Southgate Estates 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Correspondence from Niagara Region 1) Niagara Official Plan - Steps and Directions Moving Forward 2) Regional Report CSD2-2021: Approval of 2021 Interim Levy Dates and Amounts RECOMMENDATION: For the Information of Council. CLK-C 2021-019 PDS 4-2021 PDS 4-2021 CLK-C 2021-017 CSD 2-2021 - Approval of 2021 Interim Levy Dates & Amounts 619 - 637 11.2. Bill C-213: The Canada PharmaCare Act - Follow up request This is a reminder to follow-up on a request email sent in November 2020 regarding my Private Member’s Bill C-213, An Act to Enact the Canada Pharmacare Act. RECOMMENDATION: For Council's Consideration. Follow up request regarding Bill C-213 - The Canada PharmaCare Act 638 - 639 11.3. Town of Bracebridge Resolution - Infrastructure Funding Attached is a resolution from the Town of Bracebridge regarding Infrastructure Funding. RECOMMENDATION: For Council's Consideration. 2021-01-22 Infrastructure Funding Resolution 640 - 641 11.4. Downtown Board of Management Attached is a letter from the Downtown BIA's Chairman, Ron Charbonneau, regarding the state of officers for the Downtown Board of 642 - 643 Page 7 of 819 Management. RECOMMENDATION: For Council's Consideration. Letter to City from Downtown BIA - Slate of Officers - January 27th 11.5. Downtown Board of Management / BIA 2021 Budget Correspondence from Tony & Rob Barranca has been added to the agenda at their request. Also included is a follow-up email from the BIA's Executive Director with some clarification surrounding their recent Annual General Meeting. RECOMMENDATION: For the Information of Council Tony Barranca Letter - Downtown BIA Budget Downtown BIA -Budget Explanation at AGM 644 - 645 11.6. Proclamation Request - Personal Support Worker (PSW) Day The Canadian PSW Network is requesting the City of Niagara Falls to grant an official proclamation for Personal Support Worker (PSW) Day on May 19th, 2021. PSWs have selflessly and tirelessly provided care to our community’s most vulnerable through an extraordinarily challenging year, a year made more precarious by a pandemic the likes of which many of us have never seen. Through all of this they have been, and continue to remain, steadfast and true. They have given so much of themselves every day, sacrificing their own health, safety, time with their families, even their lives to ensure the safety and care of our seniors and vulnerable. RECOMMENDATION: For the Approval of Council. Proclamation Request - PSW Day 646 - 647 11.7. Thank you letter - from MP Tony Baldinelli MP Tony Baldinelli extended his gratitude to Niagara Falls Council for supporting the implementation of the 988 Crisis Line. RECOMMENDATION: For the Information of Council. Niagara Falls Letter - from MP Tony Baldinelli 648 11.8. Flag-Raising Request - Children's Mental Health Awareness Week This year, Children’s Mental Health Awareness Week will run from 649 - 650 Page 8 of 819 May 3 -7. Pathstone Mental Health is hoping the City of Niagara Falls would help celebrate the week and bring awareness to children’s mental health, especially during these most difficult times, by raising the CMHAW flag for the week. In previous years the flag has been raised on the Monday and flies for the duration of the week. The consideration and support of the City would be very much appreciated. RECOMMENDATION: For the Approval of Council. Flag Raising Request - Children's Mental Health Awareness Week 11.9. Recreational Minor Hockey Association of Niagara Falls – Request for waiver of Ice Rentals RMHA is requesting that Council consider waiving ice rental fees in the amount of $9,812,85 RECOMMENDATION: That the matter be referred to staff for a report. rec hockey letter Dixon Collection 651 - 653 11.10. Upper Canada Consultants – Beaver Valley Corridor: Request to Remove Conditions of Approval to the Subdivision Agreement RECOMMENDATION: For Council's Consideration. Email from Alex Herlovitch - regarding Beaver Valley 1798 - Beaver Valley - Request to Council to Remove Conditions 654 - 661 11.11. Public Transit Infrastructure Fund (PTIF) -Amending Agreement No. 2 • The amendment extends the date of the PTIF Agreement until March 31, 2023. • The MTO requires a copy of the by-law, on tonight's agenda, authorizing the Amending Agreement. RECOMMENDATION: That Council pass the Execution By-law o amend the PTIF agreement. Niagara Falls- Covering Letter from ADM Niagara Falls and Ontario PTIF Amending Agreement No.2 662 - 684 Page 9 of 819 12. RESOLUTIONS 12.1. Resolution - Municipal Transit Enhanced Cleaning (MTEC) No. 1 - 2.9.21 Resolution - Municipal Transit Enhanced Cleaning (MTEC) 685 12.2. Resolution - Safe Restart Agreement (Transit) - Phase 2 No. 2 - 2.9.21 Resolution - Safe Restart Agreement (Transit) - Phase 2 686 13. RATIFICATION OF IN-CAMERA 14. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2021-15 - A by-law to establish a Special Covid-19 Pre-authorized Payment Plan from February 16, 2021 to January 16, 2022. 2021 Bylaw Special COVID-19 Pre-Authorized Payment Plan 2.9.21 687 - 692 2021-16 - A by-law to amend By-law No. 2014-65, being a By-law to establish a System of Administrative Penalties respecting the stopping, standing or parking of vehicles in the City of Niagara Falls. AMP fine Bylaw Update Feb 09 2021 693 - 700 2021-17 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Parking Meter Zones) Clifton Hill - Parking Controls By-law 701 - 703 2021-18 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections) February 9 - Pamela Drive and Alpine Drive, Hodgson Avenue and Green Avenue 704 - 705 2021-19 - A by-law to enter into an agreement with the Ministry of Transportation related to funding under the Dedicated Gas Tax Funds. 706 - 709 Page 10 of 819 Gas Tax By-law 2.09.21 Gas Tax - Letter of Agreement 2.9.21 2021-20 - A by-law to enter into an agreement with the Ministry of Transportation related to the provincial Transfer Payment Agreement for Municipal Transit Enhanced Cleaning (MTEC). Municipal Transit Enhanced Cleaning (MTEC) - By-law 2.9.21 MTEC TPA AGREEMENT - FINAL (For Execution) 710 - 738 2021-21 - A by-law to enter into an agreement with the Ministry of Transportation related to funding under Phase 2 of the Safe Restart Agreement. Safe Restart Agreement Phase 2 By-law 2.9.21 739 2021-22 - A by-law to appoint a Drainage Superintendent pursuant to The Drainage Act, R.S.O. 1990. Drainage Superintendent Appointment By-law 2021 740 2021-23 - A by-law to authorize the execution of a revised Revitalization Grant Agreement with La Pue International Inc., respecting a Revitalization Grant to the owner of lands located within the Historic Drummondville Community Improvement Project Area. (attachment to the by-law updated) Execution By-law - Revised Revitalization Grant Agreement 741 - 759 2021-24 - A by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. Sign By-law 2021 760 - 796 2021-25 - A by-law to authorize the execution of Amending Agreement No. 2 with respect to the Public Transit Infrastructure Fund Phase One (Ontario) Transfer Payment Agreement with the Minister of Transportation for the Province of Ontario. 797 - 818 Page 11 of 819 Execution By-law - Amending Agreement No. 2 - PTIF Phase One 2021-26 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of February, 2021. 02 09 21 Confirming By-law 819 15. NEW BUSINESS 16. ADJOURNMENT Page 12 of 819 The City of Niagara Falls, Ontario Resolution February 9, 2021 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. WHEREAS on February 9th, 2021, 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; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; (b) personal matters about an identifiable individual; THEREFORE BE IT RESOLVED that on February 9, 2021 Niagara Falls City Council will go into a closed meeting prior to their scheduled Meeting of Council that is scheduled at 4:00 p.m., 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 an offer to purchase City property. Council will also consider matters under section 239 (2) (e) of the Municipal Act for matters dealing with litigation or potential litigation regarding a potential LPAT settlement. Lastly, Council will consider matters that fall under section 239 (2) (b) that are personal matters about an identifiable individual regarding an update on the recruitment of the new CAO. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 13 of 819 MINUTES City Council Meeting Tuesday, January 19, 2021 at 2:00 PM Via Zoom App COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (all present via Zoom) COUNCIL ABSENT: Councillor Carolynn Ioannoni COUNCIL LATE: Councillor Victor Pietrangelo (arrived at 2:50 PM). 1. CALL TO ORDER O Canada: Performed by: Sky Halle (recorded version) 2. ADOPTION OF MINUTES 2.1. Council Minutes of December 8, 2020 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the minutes of December 8, 2020 be approved as recommended. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Mayor Diodati declared a pecuniary interest to cheque #442532, payable to himself. b) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: • Cheque #442576, payable to herself, dated November 25, 2020 for $122.12 for the reimbursement of expenses. • Cheque #00317-0047, payable to Niagara Falls Art Gallery, dated November 30, 2020 as she sits on the board as a resident. • Page 1 of 25 Page 14 of 819 City Council January 19, 2021 Councillor Lori Lococo declared a conflict of interest to Item #9.10 - "2021 Census of Population" as Statistics Canada is her employer. c) Councillor Vince Kerrio declared a conflict of interest to the following items: • Item #6.2 - PBD-2021-03 - AM-2020-010 - Hotel addition as the addition is close to his hotel. • Under Consent Agenda: MW-2021-04 - FedDev Tourist Area Study. • Item #9.6 - Victoria Centre BIA - Letter to Council - conflict with letter in regards to Convention Centre contribution. d) Councillor Wayne Campbell declared a pecuniary interest to cheque #442831, payable to himself. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of the following: • Teresa Chimienti—Sister-in-law of Selene Tudini in our Building Department • Jason Fife—Brother of Brandon Fife in Fire Services • Dan Adam—Brother of John Adam in our Transportation Department • John Park—Step-father to Greg Lazarenko in our Transportation Department • Royal Shantz—Father-in-law of Christine Shantz in our Legal Department • Larry Jamieson—Father of Scott Jamieson in our Municipal Works Department • Brigitta Prentice—Mother of Marlene Ness in Municipal Works • Lou Lisi—Retired Platoon Chief, Fire Department • Marie Massolin—Mother of Ron Massolin in Fire Services • Denis Grantham—A long-time member of both the Niagara Falls Canada Day and Santa Claus Parade Planning Teams • Glenda Tennyson—An instrumental member of the City’s Disability Advisory Committee. (Glenda encouraged then Mayor Thomson to establish the committee back in 1997). b) Mayor Diodati provided an update to reflect theProvince-Wide State of Emergency by stating the following: • We are all aware Province has declared a State of Emergency • Still have work to do—obey the orders, stay home • Resistance strongest right before the finish line Page 2 of 25 Page 15 of 819 City Council January 19, 2021 • Good news is, the vaccine is here in Niagara and being distributed • With this round, Health Care Officials expect to continue to vaccinate front-line heath care workers and residents of Long Term Care and Retirement Homes • According to Niagara’s Chief Medical Officer of Health, 80% of deaths in Niagara have occurred in Long-Term-Care and Retirement Homes • So this first segment of vaccines will go a long way to keeping our population safe • Throughout the Lockdown, essential municipal services will continue, including: o Fire Department o Bylaw Enforcement o Municipal Works/ Snow Removal and Maintenance • For more information on municipal services, visit niagarafalls.ca and our FAQ’s (frequently asked questions). • On behalf of City Council, thanks to our Emergency Control Group o Dedicated staff who have made sacrifices o Have come up with innovative solutions and ways to deliver services in the most challenging of times o We know it has been difficult and sometimes hard decisions have had to be made o Grateful to all of the staff for your leadership throughout o This has been the worst health crisis in the past 100 years o You have kept the best interest and well-being of our residents and community at the forefront o Have shown what can be done with innovation and commitment o We are proud of you / doing an amazing job c) Mayor Diodati provided the following tribute: Tribute to Kenny Hill: • Kenny Hill was legendary both on and off Six Nations • Died suddenly yesterday • Co-Founded Grand River Enterprises, one of many internationally successful businesses • An advocate for indigenous rights • Falls will be illuminated blue and green in his memory • To recognize his many contributions d) Flags at Half-Staff: • We are joining with many other Cities around the Province to Page 3 of 25 Page 16 of 819 City Council January 19, 2021 recognize the many lives lost all across our communities due to COVID-19. • Flags at City Hall are at half-staff as a symbol of our sympathy & remembrance of those lost and in support of those families. e) Mayor Diodati provided the following update: YMCA CLOSURE: • We were all saddened after learning that the YMCA would not be renewing their contract at the MacBain Centre in to 2021. • Despite the best efforts of staff and YMCA management, the Y’s mandate and ways of serving communities is changing. o They have been great community partners over the years and will continue to offer many services, though not in the same way o Large YMCA community centre models are changing throughout the Region and the Province • There has already been an overwhelming positive response from groups and organizations to continue community use at the MacBain Centre. o The City will be receiving Expressions of Interest in the coming month. o The goal is to use this facility to its fullest and we will be reviewing all submissions and having these important conversations. o We look forward to many new programming ideas, continued access for our residents to this leading wellness and community facility. o Thank you to the dozens of organizations who have already been in touch. • LIBRARY at MacBain Centre o Receiving many inquiries about the Library—which will remain OPEN at the MacBain Centre o Even though all library locations currently operating curb - side only due to Province-wide lockdown restrictions o Contactless and online library resources still offered now f) Firefighter photography award [photograph will be on screen]: • This picture on our screen right now is an award winner! • It was entered in to the International Association of Firefighters (IAFF) contest in the category: o Photo taken by a union member not affiliated with a news outlet • Out of more than 150 photographs submitted in this category, this picture won second place. • Congratulations to Firefighhter Chris Howe who took the Page 4 of 25 Page 17 of 819 City Council January 19, 2021 photograph and Chris Martin who is the Niagara Falls Firefighter in the picture. • The photograph will be on the IAFF website as background for 2021 and will be published in the IAFF magazine. • Thank you for sharing a snapshot from our service with communities across Canada! g) Good News Community Support Efforts: 1. Grocery Giveaways o Friday, December 18th—shifted to a drive through format at MacBain Centre o Wednesday, January 13th – another drive through at Gale Centre o Each Grocery Giveaway serves more than 500 people safely and efficiently o Thank you to Councillor Campbell for his efforts to rally volunteers and support this community effort o In total, Niagara Falls has been host to 4 grocery giveaways during the pandemic o That makes more than 2000 people served in Niagara Falls o Many thanks to our anonymous donor who continues to spread generosity throughout the Niagara Region with these giveaways 2. $100,000 Christmas Toy Giveaway • More good news—a large donation of toys was received in Niagara Falls before the holidays. • Donated by local business partners: o Derek Thompson and Chris Gleis, co-owners of “Factor Forms and Labels” and o their partners Dave Mackinnon and Dean Fox of “The Pizzeria” • More than $100k of toys distributed to local agencies, including Boys and Girls Club, Box Run Charity for Dalton’s Wish (Ronald McDonald House), Project SHARE and the Salvation Army $100,000 Christmas Toy Giveaway (continued) • Toys were collected and distributed by these charities in time for the holidays • Served to make what might have been a difficult holiday for many families, a little bit brighter Community Events & Recognition: Heritage Awards Page 5 of 25 Page 18 of 819 City Council January 19, 2021 • Congratulations to this year’s winners: o Mr. David Tetrault for conservation of an existing heritage building, 5982 Culp Street o Carolyn & Gary Burke for landscaping of a heritage property, 4851 River Road • Barbara & Warren Shea for continued conservation of a heritage building at 4634 Ellis Street h) Sparkle Awards • Families had the opportunity to follow the map to all of the homes decorated in lights for the holidays who entered • Almost 70 entrants in total • Awards presented for the favourite entries, congratulations: o Jeremy Hatch of Margaret Street, People’s Choice Residential o Julie and Gord Zwarich, Judge’s Favourite Residential, Woodsview Cres o Fred Girardo, Multi-Residential/Commercial Dorchester Road, Judge’s Favourite & People’s Choice • Thank you to Councillor Dabrowski for his leadership and guidance along with Recreation and Culture Staff for a successful event • In times like these, efforts to bring a smile, or brighten people’s season have been well-received and are very appreciated i) The next Council meeting is scheduled for Tuesday, February 9th, 2021. 5. PRESENTATIONS 5.1. Niagara Region Transit Governance Study (Presentation, full report (Region) and CAO report added) Matt Robinson, Director, GO Implementation Office presented the transit governance model to Council. Project Team Staff from the Transit Governance CAO Working Group were available to answer questions if necessary. Recommendations for consideration from the Linking Niagara Transit Committee held on October 21, 2020. Additionally, attached is supplemental information to Report LNTC-C 4- 2020 (26 page report). RECOMMENDATION: That Council consider the resolution outlined in Appendix 1* to Report LNTC-C 4-2020, advising the Regional Clerk of any municipal feedback. Page 6 of 25 Page 19 of 819 City Council January 19, 2021 *(Appendix 1 can be found on pages 29 & 30 in the attached correspondence) COUNCILLOR VICTOR PIETRANGELO JOINED THE MEETING AT 2:50 PM. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council receive the presentation by Matt Robinson (Region) and endorse, in principle, the Full Commission as the recommended governance model for the consolidation of Niagara's public transit system and to further consider the option of offering free or reduced fares for seniors as part of this transition process. Carried Unanimously 5.2. 2021 Parking Budget Tiffany Clark, Director of Finance, presented the 2021 Parking Budget to Council. Paul Brown, Manager of Parking Services, Transportation Services was available for questions. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council defer the 2021 proposed parking budget as presented, directing staff to bring a report to the next Council meeting on February 9, 2021 and to further defer any increases to fines until June 30, 2021 as part of the implementation plan. Carried Unanimously (Mayor Diodati was absent for the vote). 5.3. MW-2021-07 Proposed Parking Fine Increase The report recommends the following: 1. That council approve the proposed parking fine rate increase as recommended in the 2021 schedule of fees and 2. That the AMP By-law 2014-65 amendment be given a first, second and third reading and that the Mayor and Clerk be authorized to execute the By-law changes; Page 7 of 25 Page 20 of 819 City Council January 19, 2021 ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Lori Lococo that Council defer this matter of approving the proposed parking fine rate increase until the next Council meeting on February 9, 2021 and to defer the AMP By-Law 2014-65 amendment. Carried Unanimously (Mayor Diodati was absent from this vote). 5.4. REPORT - F-2021-06 2019 Parking Fund Budget to Actual (unaudited) Comparison The report recommends for the information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive Report F-2021-06 for information. Carried Unanimously 6. PLANNING MATTERS The Public Meetings are scheduled to begin at 4:30 PM. 6.1. PBD-2021-01 Proposed Amendments to Sign By-law No. 2008-224 The report recommends that Council approve the proposed amendments to Sign By-law No. 2008-224 as presented. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-01. Jeff Wallis, President of Signature Signs, spoke to this matter and will further submit his comments and feedback to the Director of Planning, Building and Development. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approve Report PBD-2021-01 and the proposed amendments to Sign By-law No. 2008-224 as presented and directs staff to bring that by-law to Council on Feb 9 for passing; Page 8 of 25 Page 21 of 819 City Council January 19, 2021 furthermore, that Jeff Wallis submit his change requests in writing to Planning and that Planning staff prepare a report for Council on those matters. Carried Unanimously 6.2. PBD-2021-03 AM-2020-010, Zoning By-law Amendment Application 5769-5781 Victoria Ave (Parcel 1), 5715 Ellen Ave (Parcel 2) & 5072 Magdalen St (Parcel 3) Proposal: 5 storey Addition to the Existing Hotel on Parcel 1 with Off-Site Parking on Parcel 2 and 3 Applicant: Vommero Enterprises Limited (Tony Vommero) Agent: Raimondo & Associates Architects Inc. (Emilio Raimondo) The report recommends that Council approve the Zoning By-law amendment application for the subject lands to rezone 5769 -5781 Victoria Avenue a site specific Tourist Commercial (TC) zone, rezone 5715 Ellen Avenue a site specific Parking (P) zone and rezone 5072 Magdalen Street a site specific TC zone to permit the construction of a 5 storey addition to the existing 2 storey hotel on 5769 -5781 Victoria Avenue with off-site parking, subject to the regulations outlined in this report. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-03. Brennan Klys and Emilio Raimondo, from Raimondo & Associates Inc. (Agent), were on standby to speak but were not called upon. The Public Meeting was closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict). 6.3. PBD-2021-04 AM-2020-015, Zoning By-law Amendment Application 4457 Ferguson Street Page 9 of 25 Page 22 of 819 City Council January 19, 2021 Applicant: Rena Vaturi The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone 4457 Ferguson Street from a Residential Two (R2) zone to a Residential Mixed (R3) zone with site-specific provisions to recognize the existing 3 unit dwelling on the property, subject to the regulations outline in this report. 2. That prior to the passage of the amending by-law, the applicant enter into an encroachment agreement for the partially encroaching dwelling, set of covered stairs and enclosure onto Hickson Avenue within the City's road allowance. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-04. Michel Abihsira, landlord, spoke in favour of the recommendations. Rena Vaturi (Applicant) was standing by to speak if necessary but was not called upon. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 7. REPORTS 7.1. F-2021-01 Procurement By-law Update The report recommends the following: 1. That report F-2021-01 Procurement By-law Update be received for information. 2. That Council approve the revised Procurement By-law on tonight's agenda with an effective date of February 1, 2021. Page 10 of 25 Page 23 of 819 City Council January 19, 2021 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried (Councillor Lori Lococo was opposed to the vote). 7.2. F-2021-05 2021 Capital Budget Follow-up The report recommends the following: 1. that the commitment of 2021 capital spending from a proposed transfer from the tax supported operating budget to the 2021 capital budget of $2,147,968 be approved to fund 26 capital projects as illustrated in Attachment 1. 2. That the amended 2021 capital budget expenses and funding as illustrated in Attachment 3 be approved. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.3. F-2021-07 Non-Owned Automobile Liability Policy The report recommends that Council adopt Policy 700.31 Non-Owned Automobile Liability Policy included as Attachment 1. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 7.4. F-2021-08 Video Security Policy The report recommends that Council adopt Policy 700.30 Video Security Policy included as a Attachment 1. Page 11 of 25 Page 24 of 819 City Council January 19, 2021 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 7.5. F-2021-10 Tax Supported Operating Budget Variance Analysis The intent of this report was to be a preliminary draft for discussion purposes only. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council defer Report F-2021-10, "Tax Supported Operating Budget Variance Analysis" until the next Council meeting on February 9, 2021 for a full discussion. Carried Unanimously 7.6. HR-2021-01 Executive Search Firm and Proposed Terms of Reference for the Chief Administrative Officer (CAO) recruitment committee The report recommends the following: 1. That Council authorize and approve staff to proceed with the hiring and approval of an executive search firm in accordance with the City’s procurement process. 2. That City Council appoint a CAO recruitment committee consisting of the Mayor and three other members of Council. 3. That City Council approve the attached terms of reference for the CAO recruitment committee ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that Council authorize and approve staff to proceed with the hiring and approval of an executive search firm in accordance with the City’s procurement process; furthermore, that Council appoint a CAO recruitment committee consisting of the Mayor, Councillor Victor Pietrangelo, Councillor Vince Kerrio and Councillor Wayne Thomson and that City Council approve the attached terms of reference for the CAO recruitment committee. Page 12 of 25 Page 25 of 819 City Council January 19, 2021 Carried Unanimously 7.7. MW-2021-01 8800 McLeod Rd Water and Wastewater Consumption Grant Request The report recommends that Council not approve the water and wastewater consumption grant request from the Boys and Girls Club of Niagara for their property located at 8800 McLeod Road. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council approve the water and wastewater consumption grant request from the Boys and Girls Club of Niagara for their property located at 8800 McLeod Road. Carried Unanimously 7.8. MW-2021-02 Proposed Cemetery By-Laws 2021 - # The report recommends the following: 1. That By-law #2016-24 be repealed; and further, 2. That the newly prepared Cemetery By-Law appended to Report MW-2021-02 be given a first, second and third reading and that the Mayor and Clerk be authorized to execute the By-Law; and further, 3. That subject to Council's approval, notice and documentation be sent to the Bereavement Authority of Ontario for implementation no later than February 1, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously 7.9. MW-2021-03 Page 13 of 25 Page 26 of 819 City Council January 19, 2021 City of Niagara Falls City-Wide Sanitary Sewer Rehabilitation 3 Year Program The report recommends the following: 1. That Council receive for information Report MW-2021-03 regarding the award of a tender for sanitary sewer rehabilitation and a summary of wastewater system studies, investigations and the state of good repair program; and further, 2. That a contract be awarded to PipeFlo Contracting Corp., for the provision of a City-Wide Cured in Place Pipe (CIPP) Sewer Rehabilitation (lining and spot repair) Program as-per tender 2020-515-20; to be delivered as a 3 year city-wide program for the tendered amount of $3,531,695 plus applicable taxes, partially funded from the Sanitary Network State of Good Repair Program Year 1 and 2 budgets totaling $3,000,000 to date; and further, 3. That staff be directed to identify and prioritize additional trenchless needs within the wastewater system to match a projected $6,000,000, 3 year or more program, pending future Council budget approval, with subsequent funding subject to Council approval as part of future Capital Budget allocations; and further, 4. That the Mayor and Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the report be approved as recommended. Carried Unanimously 7.10. PBD-2021-02 PLC-2020-005, Request for Removal of Part Lot Control Block 2, Registered Plan 59M-474 6731-6751 Cropp Street Applicant: Winzen Niagara Homes Limited The report recommends that Council approve the request and pass the by-law included in today's agenda to exempt Block 2, Registered Plan 59M-474 from Part Lot Control for a period of two years. Page 14 of 25 Page 27 of 819 City Council January 19, 2021 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approve the request and pass the by-law included in today's agenda (January 19th, 2021)to exempt Block 2, Registered Plan 59M-474 from Part Lot Control for a period of two years. 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-2021-02 Monthly Tax Receivables Report - November The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2021-03 2021 Interim Tax Levy The report recommends that Council approve the 2021 Interim Tax Levy calculation and by-law providing for the 2021 Interim Tax Levy. F-2021-04 Municipal Accounts The report recommends that Council approve the municipal accounts, totaling $22,926,532.49 for the period of November 24, 2020 to December 15, 2020. MW-2021-04 FedDev Tourist Area Connection and Transportation Study Page 15 of 25 Page 28 of 819 City Council January 19, 2021 The report recommends the following: 1. That Council receives for information Report MW-2021-04 regarding the successful grant application for a Tourist Area Connection and Transportation Study in 2021 from the Federal Economic development Agency for Southern Ontario (FedDev); and further, 2. That the Mayor and City Clerk be authorized to execute a Contribution Agreement and/or Transfer Payment Agreement with FedDev for the Study; and further, 3. That the Director of Municipal Works/City Engineer, or designate, be authorized to execute sole-source procurements as well as request for proposal (RFP) procurements for the purposes of this study, where the procurements follow the relevant terms and conditions of the City's Procurement Bylaw, Approved Project Bylaw and Consultant Selection Policy, and where award RFP's is recommended to the highest overall- scoring compliant proponent; and further, 4. That Staff report back to Council on the progress of this Study near its completion date in Spring 2022. MW-2021-05 Alpine Drive at Pamela Drive Intersection Control Review The report recommends that a stop sign is installed on Alpine Drive at Pamela Drive facing southbound traffic. MW-2021-06 Green Avenue and Hodgson Avenue Intersection Control Review The report recommends that a stop sign is installed on Green Avenue and Hodgson Avenue facing eastbound traffic. MW-2021-08 Traffic Signal Signing Authority The report recommends that the Director of Municipal Works and Manager of Transportation Engineering be designated as the signing authority(s) to Page 16 of 25 Page 29 of 819 City Council January 19, 2021 approve the design and erection of traffic signals within the Municipality of Niagara Falls. R&C-2021-01 2020 Annual Update from the Public Art Advisory Task Force The report recommends for the information of Council. L-2021-01 Declare Surplus of Lands Lands between 3846 Portage Road and 3843 Orlando Drive Our File No. 2019-193 The report recommends the following: 1. That in the event Council determines that it is in the public interest to do so, that Vacant Land between 3846 Portage Road and 3843 Orlando Drive, being Part Block M on Plan 33 being Part 2 on 59R-11823, and Part Block L on Plan M33 being Part 1 on 59R-11823, hereinafter referred to as the "Subject Lands", as shown outlined in yellow on the attached location map, be declared surplus to the City's needs. 2. That the Mayor and City Clerk and Solicitor be authorized to take whatever steps and sin whatever documents are required to carry out Recommendation 1. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that the reports are approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict to MW -2021- 04 (FedDev Tourist Area Connection and Transportation Study). 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Niagara Physicians' Letter - re: Moderna Vaccine RECOMMENDATION: That Council support the NHS request and echo the concerns in a letter to our Member of Provincial Parliament as well as Ontario Premier, Doug Ford. Page 17 of 25 Page 30 of 819 City Council January 19, 2021 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive and support the NHS request and echo the concerns in a letter to our Member of Provincial Parliament as well as Ontario Premier, Doug Ford. Carried Unanimously 9.2. Resolutions - City of St. Catharines Attached are resolutions from the City of St. Catharines regarding: 1) Ontario Gas Fired Power Plants that was sent to Premier Ford 2) Hospice Workers RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council receive and support correspondence from the City of St. Catharines dated December 9, 2020 recommending the Ontario’s Health Minister accept Hospice Niagara’s request to fully fund all hospice health care workers; furthermore, that Council receive and support correspondence from the City of St. Catharines dated December 9, 2020 requesting the Government of Ontario to place an interim cap of 2.5 mega tonnes per year on our gas plants' greenhouse gas pollution and develop and implement a plan to phase-out all gas-fired electricity generation by 2030 to ensure that Ontario meets its climate targets. Carried Unanimously 9.3. Correspondence from Vann Niagara Ltd. - Sign Relocation Larry Vann requests the removal of an existing billboard located at the northwest corner of Victoria Avenue and Bridge Street to make room for the new roundabout and to relocate to a different locatio n. RECOMMENDATION: To refer the matter to staff. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council support the request by Vann Niagara Ltd. to relocate the existing billboard from Victoria & Bridge to a property on the north side of Thorold Stone Road, west of Garner Road and that the sign be 100% Electronic Message Centre be subject to a report from staff. Page 18 of 25 Page 31 of 819 City Council January 19, 2021 Carried Unanimously 9.4. Resolution - Town of Pelham - Support for 988 Crisis Hotline Attached is a resolution endorsed by the Council of the Town of Pelham at their December 14, 2020 meeting calling for support of the 988 crisis hotline. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that Council receive and support the correspondence from the Town of Pelham dated December 17, 2020 endorsing the 988 Crisis Hotline initiative. Carried Unanimously 9.5. Various Niagara Regional Correspondence Attachments below regarding: 1) Ecological Land Classification Mapping Project 2) Niagara Official Plan - Consultation Update 3) 2021 Budget - Water & Wastewater Operating Budget, Rate Setting and Requisition 4) Policy for Timing of Development Charge Calculation, Installment and Interest for the Purpose of section 26.1 and 26.2 of the Development Charges Act. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously 9.6. Victoria Centre BIA - Letter to Council Victoria Centre BIA sent Council correspondence in regards to contribution payments to the Scotiabank Convention Centre. RECOMMENDATION: For Council's Consideration. Page 19 of 25 Page 32 of 819 City Council January 19, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council direct the Acting City Solicitor to make the necessary changes to the November 12, 2007 agreement between the Board of Management of the Victoria Ce ntre Business Improvement Area (BIA) and the Corporation of the City of Niagara Falls regarding a 15 year funding commitment to Scotiabank Convention Centre as per Scotiabank Convention Centre and Victoria Centre BIAs mutually agreed upon request outlined in Scotiabank Convention Centre’s letter dated December 14, 2020. Specifically, the amendment is to modify the funding commitment from $1,500,000 over 15 years to $1,400,000 over 14 years, removing the requirement to pay the final $100,000 installment in the 2021 calendar year. Carried Unanimously (Councillor Vince Kerrio declared a conflict). 9.7. Housing Directions Strategy Study The Planning Department has embarked on the preparation of a Housing Directions Strategy Study to be undertaken by Dillon Consulting. The Study's purpose is outlined in more detail in the attachment. The Study is to be guided by a Technical Advisory Committee (TAC) composed of City staff, Regional representatives, agency participants and City Council members. RECOMMENDATION: That Council appoint Councillor Dabrowski, Campbell and Lococo to the Technical Advisory Committee (TAC) to serve as Council representatives. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council appoint Councillor Dabrowski, Campbell and Lococo to the Technical Advisory Committee (TAC) to serve as Council representatives. Carried Unanimously 9.8. Flag-Raising Request - Bell Let's Talk Day The 11th annual Bell Let’s Talk Day is on Thursday, January 28. Staff from Bell have requested the City of Niagara Falls to join again by raising a Bell Let’s Talk flag in our community on January 28, or during the week leading up to Bell Let’s Talk Day. Raising the Bell Let’s Talk flag is a safe and visible reminder to the members of our community that mental health matters and that help is available. Page 20 of 25 Page 33 of 819 City Council January 19, 2021 RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council approve the request to have the City of Niagara Falls join by raising a Bell Let’s Talk flag in the community on January 28, 2021, or during the week leading up to Bell Let’s Talk Day. Carried Unanimously 9.9. Team Ryker - Lifting Ryker's spirits - possible Flag-raising and fire truck escort A local teacher, Michael Folino, has reached out to the Mayor's office with a request to do something special for a former student - Ryker. Last March, Ryker was involved in a horrific accident that left over 80% of his body burnt. He has been fighting for his life at Sick Kids in Toronto. Ryker is doing better but has a long road of recovery ahead and may be coming home from hospital in February. The request is to fly his Team Ryker flag at City Hall and to possibly arrange for a fire truck escort for him from Mountain Road to his house (close to Cherrywood acres). Mayor Jim will be recording a video message for him to let him know that the City is behind him. RECOMMENDATION: For Council's Approval. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council approve the request to fly the "Team Ryker" flag at City Hall and to possibly arrange for a fire truck escort for Ryker from Mountain Road to his house (close to Cherrywood acres). Carried Unanimously 9.10. 2021 Census of Population RECOMMENDATION: That Council supports the 2021 Census and encourages all residents to complete their census questionnaire online at www.census.gc.ca. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council support the 2021 Census and Page 21 of 25 Page 34 of 819 City Council January 19, 2021 encourages all residents to complete their census questionnaire online at www.census.gc.ca. Carried Unanimously (Councillor Lori Lococo declared a conflict). 9.11. Proclamation Request - International Child/Adolescent Cancer Day and Illumination Request The request is to have the City of Niagara Falls proclaim Monday, February 15th, 2021 as International Child/Adolescent Cancer Day and to request the Falls be lit up that same evening. RECOMMENDATION: That the City of Niagara Falls proclaim Monday, February 15, 2021 as International Child/Adolescent Cancer Day and to support the Niagara Falls Illumination Board to light up the Falls the evening of February 15th, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the City of Niagara Falls proclaim Monday, February 15, 2021 as International Child/Adolescent Cancer Day and to support the Niagara Falls Illumination Board to light up the Falls the evening of February 15th, 2021. Carried Unanimously 9.12. Communication from Heads of Council - COVID - 19 Update RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and support the correspondence for information. Carried Unanimously 10. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2021- 1 - A by-law to authorize the payment of $22,926,532.49 for General Purposes. Page 22 of 25 Page 35 of 819 City Council January 19, 2021 2021- 2 - A by-law to provide an interim levy of realty taxes. 2021- 3 - A by-law to appointment an Acting City Treasurer. 2021- 4 - A by-law to define the procurement policies and procedures for the Corporation of the City of Niagara Falls. 2021- 5 - A by-law to designate Block 2, Registered Plan 59M-474, not to be subject to part-lot control (PLC-2020-005). 2021- 6 - A by-law to designate Lots 479, 480, 481, 482, 483 and 484 inclusive on Plan 9 and Park Street, also known as Union Avenue on Plan 9, to be deemed not to be within a registered plan of subdivision (DB-2020- 011).(By-law updated) 2021- 7 - A by-law to amend By-law No. 79-200, to permit a 4 storey hotel and a 7 storey hotel on the lands and to repeal By-law No. 2006-93 (AM-2020- 013). 2021- 8 - A by-law to provide for the adoption of Amendment No. 137 to the City of Niagara Falls Official Plan, in accordance with an Order issued by the Local Planning Appeal Tribunal dated December 16, 2020 (AM-2018- 028). 2021- 9 - A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Local Planning Appeal Tribunal dated December 16, 2020, to allow a six storey building on the lands with limited commercial uses on the ground floor, 12 affordable dwelling units on the ground floor, 52 dwelling units above the ground floor and site specific parking requirements (AM-2018-028). 2021- 10 - A by-law to declare Vacant Land between 3846 Portage Road and 3843 Orlando Drive, being Part Block M on Plan 33 being Part 2 on 59R- 11823, and, Part Block L on Plan M33 being Part 1 on 59R-11823, as surplus. Page 23 of 25 Page 36 of 819 City Council January 19, 2021 2021- 11 - A by-law to establish Part 8 on 59R-7160 (one foot reserve) as a public highway to be known as, and, form part of Post Road. 2021- 12 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) 2021- 13- A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19th day of January, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Lori Lococo was opposed to By-law 2021-04). Previous By-law 2021-13 (MW-2021-07) was deferred along with Report MW-2021-07. By-law 2021-13 became Proposed Cemetery By-Law. Confirming By-law became By-law 2021-14. 11. NEW BUSINESS a) Memorial for Children/Youth that Council direct staff to come back with a report on an initiative establishing some criteria for the recognition of children whom have passed within the City. Carried Unanimously 12. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 7:03 PM. Page 24 of 25 Page 37 of 819 City Council January 19, 2021 Carried Unanimously Mayor City Clerk Page 25 of 25 Page 38 of 819 Niagara Parks at a Glance Niagara Parks is a board-governed operational enterprise of the Ontario Ministry of Heritage, Sport, Tourism and Culture Industries. Niagara Parks, operating under the Niagara Parks Act, was founded in 1885 with two principles: that Niagara Parks would never be a financial burden to the taxpayers of Ontario and that as much as possible, the parks would be free for the public to enjoy. Mandate •Niagara Parks seeks to preserve and promote the natural and cultural heritage along the Niagara River corridor. Niagara Parks is also committed to delivering commercially successful products in a way that ensures benefits for everyone (people who travel, the adjacent communities, and the respective natural, social, and cultural environments). Operations and Funding •As a self-funded agency of the Ontario Government, Niagara Parks is reliant on its revenue producing operations in order to cover its expenses and fund its cultural and environmental stewardship initiatives •Niagara Parks operations include natural attractions, gardens, outdoor recreation facilities, golf courses, restaurants, heritage sites, retail shops and transportation services •Niagara Parks maintains property and operations spanning the 56kms along the Niagara River, from Niagara-on-the-Lake to Fort Erie •For fiscal 2019-20, Niagara Parks established continued growth in visitation and revenue, including setting a new record high revenue of $127 million Organizational Economic Impact •Niagara Parks typically hosts in excess of 4 million unique visitors annually, with an annual economic impact of over $1.2 billion •Niagara Parks is one of the largest employers in the Niagara region, with a peak staff of over 1,800 and annual payroll of $57 million in 2019 Environmental Stewardship •Niagara Parks environmental stewardship role is an essential part of its mandate and a primary consideration in many operational decisions Page 39 of 819 2 of 3 • Niagara Parks has invested in the development and implementation of a comprehensive 10 - year action plan to guide its environmental stewardship strategy which includes: o Coastal Wetland Restoration Project o Niagara River Riparian Restoration o Urban Forestry Management Strategy o Pollinator Garden Route o Audubon Cooperative Sanctuary Program Certification at Legends on the Niagara o Trails Assets and Tourism Initiative in collaboration with Brock University o MOU’s with Forests Ontario and Canadian Wildlife Federation o Chippawa Grassland Bird Habitat Project o Annual Prescribed Burn Program o Invasive Species Management Strategy Cultural Stewardship • Niagara Parks is dedicated to preserving and celebrating the important culture and history of the Niagara River Corridor • Niagara Parks operates and maintains numerous heritage sites on its property including Old Fort Erie, McFarland House, Laura Secord Homestead and Mackenzie Printery, along with historical plaques and memorials • Niagara Parks is committed to supporting and collaborating with community partners to facilitate educational opportunities and events with notable examples including Indigenous programming hosted in collaboration with Landscape of Nations 360 as well as the inaugural Black History Symposium in 2020 • Niagara Parks continues to seek new opportunities for online cultural programming, including the recent virtual Coast to Coast: Canadian Women’s Literary Series • Founded in 1936, the Niagara Parks School of Horticulture trains apprentice gardeners over a three-year program centred at the Botanical Gardens site Impacts of COVID-19 • Niagara Parks’ visitation and revenue sources have been significantly impacted by COVID- 19, resulting in an unprecedented financial situation for the organization • As a government agency, Niagara Parks was ineligible for support from the Canadian Emergency Wage Subsidy (CEWS) funding provided to private businesses in order to minimize layoffs • On December, 4th, 2020, the Ontario Government announced a one-time emergency stabilization grant of $12.8 million for Niagara Parks Page 40 of 819 3 of 3 • This grant will assist Niagara Parks in meeting its current financial obligations and continuing to deliver on its mandate and provide a necessary bridge for the organization leading up an eventual recovery phase for tourism in Ontario • Niagara Parks iconic sites and attractions are key demand drivers for visitation to Niagara, and these funds will ensure the agency is able to maintain to properly maintain its assets during this period of severely reduced revenues and maintain staffing levels based on business needs Niagara Parks – By the Numbers: • $1.2 billion annual economic impact • $458 million in tax revenue generated • 1,800 staff (2019) (1,050 in 2020) • 56km Niagara Parkway • 53km Niagara River Recreation Trail • 1,300 hectares of land • 7 attractions • 4 paid admission heritage sites • 3 championship golf courses • 6 trail systems • Over 300,000 annual hiking trail users (2020) • 5 full-service restaurants Page 41 of 819 Overview for Niagara Falls City Council Niagara Parks Update Presentation by Chair Sandie Bellows and CEO David Adames Page 42 of 819 NIAGARA PARKS •Niagara Parks Chair, Sandie Bellows •Niagara Parks CEO, David Adames Your Presenters Page 43 of 819 Page 44 of 819 4 •Founded in 1885 •Operates under the Niagara Parks Act •Two founding principles: •Niagara Parks would never be a burden to the taxpayers of Ontario •Niagara Parks would as much as possible, be free to enjoy Niagara Parks •Board-governed (Sandie Bellows) operational enterprise under the Ministry of Heritage, Sport, Tourism and Culture Industries •Mandate:To be the environmental and cultural stewards of the Niagara River Corridor •Vision:To be one of the most spectacular parks in the worldPage 45 of 819 NIAGARA PARKS ‹#› Preserving and showcasing our rich heritage, culture and lifestyle1 2 3 4 Leveraging and activating our natural wonders and iconic experiences Supporting a dynamic business environment Taking experiences, services and hospitality to the next level Strategic Plan Themes Page 46 of 819 NIAGARA PARKS Operations and Funding •Niagara Parks is reliant on its revenue producing operations in order to cover its expenses and fund its cultural and environmental stewardship initiatives •Niagara Parks maintains property and operations spanning the 56kms along the Niagara River •For fiscal 2019-20, Niagara Parks established continued growth in visitation and revenue, including setting a new record high revenue of $127 million Page 47 of 819 NIAGARA PARKS 7Page 48 of 819 8 •Niagara Parks typically hosts in excess of 4 million unique visitors annually, with an annual economic impact of over $1.2 billion •Niagara Parks is one of the largest employers in the Niagara region, with a peak staff of over 1,800 and annual payroll of $57 million in 2019 Organizational Economic Impact Page 49 of 819 NIAGARA PARKS •Niagara Parks’ visitation and revenue sources have been heavily impacted by COVID-19, resulting in an unprecedented financial situation for the organization •Comprehensive safety protocols related to COVID-19 implemented across Niagara Parks, have carried significant costs •On December, 4th, 2020, the Ontario Government announced a one-time emergency stabilization grant of $12.8 million for Niagara Parks •This grant will assist Niagara Parks in meeting its current financial obligations and continuing to deliver on its mandate Impacts of COVID-19 Page 50 of 819 NIAGARA PARKS 10 •Niagara Parks is ready to welcome back visitors including having a full health and safety plan in place for staff and guests •There are opportunities for offering great guest experiences in 2021 and 2022: opening of Phase I of the adaptive re-use of Canadian Niagara Power Plant and contributing to hosting the Canada 2022 Summer Games in Niagara •Niagara Parks, as an agency of the Ministry of Heritage, Sport, Tourism and Culture Industries has provided input to the Minister’s sector panels and recovery plan •A balanced approach will be implemented to offer a range of great guest experiences to support demand generation (visitation), keep as many staff working as possible (good for the local population), support Niagara and Ontario suppliers (good for the economy) Plan to Move Forward Page 51 of 819 NIAGARA PARKS Joint Initiatives Niagara Parks and the City of Niagara Falls continue to partner on numerous successful projects and initiatives, including: •WEGO Transportation System •New Years Eve Celebrations •Winter Festival of Lights •Niagara Falls Connectivity Study •Clifton Hill Project •Niagara Falls Illumination Board Page 52 of 819 12 Community Programming Niagara Parks continues to deliver new and innovative programming both in-person and through virtual events, including: •Virtual Black History Speaker Series •Horticultural Workshops •Youth focused Educational Experiences •Namaste Niagara: Yoga Series •Indigenous programming with Landscape of Nations 360Page 53 of 819 NIAGARA PARKS Canadian Niagara Power Station •Work is underway to transform the preserved decommissioned power station into an extraordinary new multi-faceted visitor experience •Phase One of the project, which includes interactive exhibits and a state-of-the-art immersive sound and light experience is scheduled to open on July 1st, 2021 •Phase Two will open in July 2022 and take visitors nearly 200 feet underground the ground level to explore the Tailrace Tunnel below Page 54 of 819 14 Questions and Comments Thank you for your time this evening. We welcome any questions and or comments about tonight’s presentation!Page 55 of 819 1 Bill Matson Subject:FW: Public Meeting PBD-2021-05 From: John Henricks <jhenricks@npgsolutions.ca> Sent: Sunday, February 7, 2021 12:35 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Public Meeting PBD-2021-05 Good afternoon, Mr. Matson! With regard to the public meeting scheduled to consider report PBD-2021-05 on Tuesday evening (February 9, 2021), we respectfully request a postponement of this public meeting to allow NPG an opportunity to further consider the findings of the staff report and recommend an amending application to our client. It is our intention to ensure that the amended proposal is better aligned with OPA 127 (re B&B’s/VRU’s). While that OPA remains under appeal, we better appreciate the direction that staff must respect in following Council’s direction and believe an amended approach to the application will further the public interest in this regard. Our client has authorized this request. If there are further questions, I’d be pleased to address them directly but trust this is sufficient notice to cancel/postpone Tuesday’s public meeting. Thank-you! John R. Henricks, MCIP, RPP President M 905 321 0697 E jhenricks@npgsolutions.ca IMPORTANT NOTE FOR 2021 As a response to our ongoing growth across Southern Ontario, we are now NPG Planning Solutions Inc. (as of January 15th, 2021), with a new website, new logo, and new email address: jhenricks@npgsolutions.ca. Our new website is live: www.npgsolutions.ca. For your information, both the old and new email addresses will work for 6 months during the transition. If you have any questions about the transition please let us know. We look forward to continuing our commitment to all of our clients through 2021 and beyond. COVID Message: To our valued clients and industry partners: We continue to work remotely through the pandemic in full capacity and are available via our landline (905) 321-6743 or via our individual cell phones. If you are having any difficulty reaching any of us please email Dianne Rintjema, jhenricks@npgsolutions.ca. We hope you and those you care for are safe and well. Thank you for working with NPG. Page 56 of 819 PBD-2021-05 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-05 AM-2019-022, Official Plan and Zoning By-law Amendment Application 5359 River Road (Grandview Inn) 5287, 5401, 5411 and 5427 River Road and 4465 Eastwood Crescent (Proposed Satellite Accommodation) Proposal: Proposed Hybrid Inn providing Satellite Accommodation in Conjunction with an Inn (Grandview Inn) Owner: 1907782 Ontario Inc. (John Pinter) Agent and Applicant on Behalf of the Owner: NPG Planning Solutions (Heather Sewell) RECOMMENDATION That Council approve, in part, the Requested Official Plan and Zoning By-law amendment application, to permit 4465 Eastwood Crescent as satellite tourist accommodation associated with the existing Grandview Inn at 5359 River Road, subject to the recommended Official Plan and zoning by-law changes outlined in this report. EXECUTIVE SUMMARY NPG Planning Solutions, on the behalf of 1907782 Ontario Inc. (John Pinter) has requested an Official Plan and Zoning By-law amendment to allow a Hybrid Inn where 5 parcels of land known as 5287, 5401, 5411 and 5427 River Road and 4465 Eastwood Crescent would be linked to the Grandview Inn at 5359 River Road. Schedule 1 illustrates the locations of the parcels involved in this application. The amendments, as submitted, cannot be recommended for the following reasons: The proposed development would result in a tourist accommodation having 38 rooms which would be at the scale of a small hotel that would be more appropriately located on commercially designated land; The Niagara Falls Official Plan states no commercial uses are to be permitted in the River Road Satellite District. The current operation of the requested accommodation has already caused impacts on surrounding residential properties and it cannot be assured these impacts will be mitigated as a result of this application; and Satellite properties are proposed to have up to 7 guest rooms without on-site owner or manager, which on their own are of scale more associated with a small inn, and out of character with other permitted tourist accommodations in the River Road area, which limits Bed and Breakfasts to 4 bedrooms in an owner occupied house. Page 57 of 819 2 PBD-2021-05 February 9, 2021 Staff recommend the amendments be approved, in part, to permit only 4465 Eastwood Crescent be linked to the Grandview Inn as satellite accommodation, for the following reasons: - This modest expansion of the Inn accommodation would be significantly smaller than the proposed operation and more in scale with the surrounding residential neighbourhood; - The impacts are expected to be reduced because 4465 Eastwood Crescent is adjacent (separated by a laneway) to the Inn property thus and traffic impacts from vehicles shuttling from satellite properties is not expected to occur; - The addition of 4 rooms to the current in would bring the total count up to 16 which is within the definition of an Inn; and - At 4 bedrooms, 4465 Eastwood, on its own, is of a scale comparable to bed and breakfast establishments permitted in the River Road area. Should the above changes be approved, staff will bring the Official Plan Amendment and Zoning By-law Amendment to a future meeting for adoption and the applicant be required to amend the existing site plan agreement for 5359 River Road to reflect tandem parking, include 4465 Eastwood Crescent, and obtain the appropriate license for 4465 Eastwood Crescent. BACKGROUND Proposal 1907782 Ontario Inc. (John Pinter) has requested an Official Plan and Zoning By-law amendment to allow a Hybrid Inn where Grandview Inn at 5359 River Road would be linked to 5 properties at 5287, 5401, 5411 and 5427 River Road and 4465 Eastwood Crescent. The affected lands (Inn property and the 5 satellite properties) are shown on Schedule 1. Further details of the subject properties are shown on Schedule 2. 5359 River Road is designated Residential in the Official Plan and is designated Special Policy Area No. 32, which permits an Inn with up to 12 rooms for tourists and a room for a manager. The other 5 properties subject to this application are designated Residential in the Official Plan and are within the River Road Satellite District, which, in addition to residential uses, permits bed and breakfasts and alternative forms of accommodation. The Grandview Inn was considered to be an alternative form of accommodation when it was approved in 2015. The applicant is now requesting that Special Policy Area 32 be further amended to permit related accommodations to be provided on the satellite properties. 5359 River Road is zoned Residential Two (R2-1010) by By-law No. 79-200, as amended by By-law No. 2015-51 with site specific regulations permitting an Inn with a maximum of 12 rooms for tourists. The remaining 5 properties are zoned Residential Two (R2-2) with area specific regulations that permit a bed and breakfast with up to 4 rooms for tourists in owner occupied houses. The applicant is requesting site specific zoning provisions be applied to the lands to permit dwellings on the 5 satellite properties to be used as satellite tourist accommodation in conjunction with 5359 River Road and to recognize existing site conditions on these properties. Up to 26 guest rooms would be added to the 12 rooms in the Inn building. Over the last few years, most of the affected properties appear to have been used to provide additional accommodation associated with the Grandview Inn. Due to complaints which were received about these operations, Council directed that the applicant be given until September 30, 2019, to submit an application to permit these uses. The applicant submitted an application Page 58 of 819 3 PBD-2021-05 February 9, 2021 on October 1, however, staff were informed thereafter that the application was to be revised to delete one property (5395 River Road) from the list of properties proposed for satellite accommodations and substitute it with another property (5287 River Road). When a revised application had not yet been submitted in June 2020, By-law Enforcement initiated action against the properties. A revised application was received in October, 2020. Site Conditions, Ownership and Surrounding Land Uses The property known as 5359 River Road is occupied by the Grandview Inn, which contains 12 rooms for guest plus a room for a manager. This property is owned by the applicant. The property is also developed with a detached garage and a parking area in the rear yard, and landscaped areas in the front yard, along River Road. Construction on the Inn continues under a Building Permit. Further details of the satellite properties are as follows; - 5287 River Road is occupied by a two storey dwelling which has been licensed as a bed and breakfast. This property has driveways and parking areas in the front (River Road) and rear yard (from River Lane). The property is owned by another individual (Guo Hao) and leased to the applicant. - 5401 River Road is occupied by a two and a half storey dwelling. A parking area is located in the rear yard with vehicular access from River Lane, while the front yard is landscaped. The property is not owned by 1907782 Ontario Inc., but is registered to what appears to be the applicant and other related persons (John, Isabella and John Pinter). - 5411 River Road is occupied by a one and one half storey dwelling. This property has driveways and parking areas in the front (River Road) and rear yard (from River Lane). The property is owned by other individuals (D’Souza) and leased to the applicant. - 5427 River Road is occupied by a two storey dwelling. A parking area is located in the rear yard with access from River Lane, while the front yard is landscaped. This property is owned by the applicant. - 4465 Eastwood Crescent is occupied by a two storey dwelling. A driveway is located off of Eastwood Crescent and a parking area is located off of River Lane. This property is owned by the applicant. Complaints have been received that all the properties, except 5287 River Road, have been used as tourist accommodation in conjunction with the Grandview Inn contrary to current zoning approvals. Complaints relate to parking conflicts with area residents, increased traffic and operation of a use not in accordance with the zoning by-law. The surrounding neighbourhood to the south, north and west are used primarily for residential dwellings and a number of bed and breakfast establishments and small scale apartment dwellings. The Niagara Gorge is located to the east. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Page 59 of 819 4 PBD-2021-05 February 9, 2021 Regional Municipality of Niagara No objection. It was noted that Niagara Falls is within the Provincial Gateway Economic Zone. The proposal aligns with the intent and direction of Provincial and Regional policies which encourage the creation of tourism development. Niagara Parks Commission No objections, subject to no additional parking or driveways being created off River Road, and signage along River Road being limited. Transportation Services No objections to the proposed parking rate of one space for each room proposed. No traffic study is required. As the satellite buildings are being proposed as entirely commercial developments, parking for these properties should only be accessed via an internal aisle, rather than perpendicular spaces exiting directly out onto River Lane. In addition each property should provide sufficient parking spaces for the guest rooms located on that property rather than a shared parking arrangement. Building Services, Fire Services A Change in Use Building Permit will be required for the satellite properties. In addition Fire Services has expressed concerns regarding the provision of more than 4 guest rooms in the satellite properties. Significant building upgrades may be required to comply with the Ontario Building and Fire Codes. Parks Design Buffering, in the form of landscaping or fencing, should be provided between the parking areas of the satellite properties and abutting residential properties. Municipal Works, Legal Services No objections. Neighbourhood Comments A total of 29 letters have been received, as of the date of writing this report. All written communications are included on tonight’s agenda for Council’s consideration: 10 letters of objection have been received. These letters include concerns about the expansion and impacts of a commercial use in a residential area, the illegal use of the subject properties, and impacts caused by large trucks and parking and check in guests using 5359 River Road. Page 60 of 819 5 PBD-2021-05 February 9, 2021 19 letters of support have also been submitted. These letters note that the area has long been host to bed and breakfasts some nearby residents have voiced an opinion that the existing use is well run and they have not been impacted by it. Neighbourhood Open House A virtual Neighbourhood Open House was held on December 16, 2020 and was participated by 19 interested parties, the applicant, the applicant’s planner and a City Councillor. Numerous concerns were raised including: - Disagreement with the applicant’s assertion that the satellite accommodations are residential uses; - Satellite accommodations are commercial uses like Vacation Rental Units that should be directed to commercial areas; - The properties have already been used illegally for the requested purpose; - Numerous traffic concerns, including River Lane being blocked by parked cars, insufficient parking spaces at the Inn (5359 River Road) for staff for guests or for guests from the satellite properties to check-in or utilize the main dining room, and safety concerns caused by tourists’ vehicles utilizing River Lane; - Approval of the request will set a precedent and will lead to further requests resulting in deterioration of the neighbourhood; and - Concerns about property standards including the ongoing construction of the Grandview Inn; food scraps and rat poison being left out behind the Inn and construction materials being stored on 4465 Eastwood Crescent. Some of these concern are further discussed in the Analysis section. Staff have the following additional comments: - Complaints have been filed for all the satellite properties, except for 5287 River Road, that these properties have been illegally used as accommodation properties. The complaint is active, By-law Enforcement are monitoring the properties to see if they are being used for accommodations; - A recent complaint regarding storage of construction materials related to the Grandview Inn on 4465 Eastwood Crescent is being investigated; and - Building Services confirms that an active Building Permit exists for the ongoing construction of the Grandview Inn. The Ontario Building Code does not specify a time frame in which construction is to conclude under a Building Permit. Page 61 of 819 6 PBD-2021-05 February 9, 2021 ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to conform to the Provincial “A Place to Grow” Plan (Growth Plan) and to be consistent with the Provincial Policy Statement (PPS). Both the Growth Plan and the PPS note that municipalities are to provide an appropriate range and mix of housing to meet the needs of residents. In addition, Niagara Falls is identified as part of the Gateway Economic Zone in the Growth Plan. 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. Although the documents provide a degree of support for new tourism development, the lands are designated Residential which are primarily intended to provide housing units. This proposal removes housing stock from the City’s inventory and for this reason cannot be considered to comply or conform with the Growth Plan and PPS, respectively. 2. Regional Policies The subject lands are designated Built-Up Area within the Urban Area Boundary in the Region’s Official Plan. The Region notes that the area adjacent to the Niagara Parkway is part of the Regional Gateway Economic Zone, which promotes tourism development. Regional Staff note that the proposal complies with the Gateway Economic Zone policies. 3. Niagara Falls Official Plan The lands are designated Residential by the Niagara Falls Official Plan, which supports a full range of housing units to meet the needs and resources of residents. Accessory uses permit Bed and Breakfast establishments. Official Plan Amendment No 127 (under appeal) reflects Council’s latest intent and requires Bed and Breakfasts to be owner occupied. The lands are also within the River Road Satellite Tourist District of the Official Plan which permits bed and breakfasts and alternative forms of accommodation provided the residential character of the neighbourhood is maintained. No commercial uses shall be permitted in the River Road District. The intent of the Official Plan also seeks to ensure that tourism development does not adversely affect the quality of life enjoyed in residential neighbourhoods. In 2015, Council approved Official Plan Amendment No. 116 allow an inn with 12 guest rooms and a room for an on-site manager to be developed at 5359 River Road to replace the 8 bedroom Eastwood Lodge bed and breakfast. An inn was seen as an alternative form of accommodation in accordance with the Official Plan policies. Planning staff have the following concerns about the proposal’s compliance with the intent of the Official Plan: The changes would facilitate the development of an Inn having a total of 38 rooms, which is will more than triple the size of the Inn envisioned by the current policies. The development would be a more substantial commercial use, similar to a small hotel, that is not intended to locate in the River Road neighbourhood and is more appropriately directed to commercially designated land; Page 62 of 819 7 PBD-2021-05 February 9, 2021 The current dining room in the Inn, which is intended to serve 12 guest rooms, would have to accommodate 38 guest rooms. If an average of 2 people occupied a guest room the dining room could be expected to serve between 60 & 70 guests in numerous settings, reflecting a commercial restaurant use. As most of the satellite properties have already been utilized to provide accommodation, it appears that despite the applicant’s best efforts to mitigate, adjacent residential properties have been impacted by parked cars, increased traffic and noise. Additionally, the presence of transport trucks servicing the Inn have blocked portions of Eastwood Crescent. The satellite buildings are dwellings which are to be occupied by tourists without the residency of the owner or manager. Operations such as this, operationally resemble Vacation Rental Units. It is Council’s intent, through the adoption of OPA No. 127, to permit Vacation Rentals only in specific commercial areas and only by Official Plan amendment in residential areas provided it could be demonstrated that approval would not lead to an undue concentration of vacation rental units and that the residential environment and livability of the neighbourhood would be protected. Staff have concerns that the 5 satellite buildings will lead to a concentration of tourist accommodations where the owner is not in residence. Two of the satellite buildings have 7 guest rooms in them, which are at the scale of an inn (which is defined to have between 5-19 guest rooms) rather than a bed and breakfast or vacation rental unit (which are have 4 guest rooms or less). Staff have concerns as they represent a larger scale intensive commercial use. Should Council approve the application these satellite buildings should be incorporated in a new Special Policy Area designation to permit them to be used exclusively for accommodation purposes as a commercial use, and to be limited to 4 guest rooms per property. Notwithstanding the above noted concerns, staff could support a minor expansion of the Inn, to incorporate the satellite accommodation at 4465 Eastwood Crescent, for the following reasons: The addition would represent a modest (4 guest room) expansion of the existing Inn operations. Impacts on the surrounding neighbourhood are expected to be limited given that the satellite building is separated by a laneway thus limiting the need to drive between the 2 properties. The satellite property would add a unique accommodation option for tourists without a substantial loss of housing stock, and without the above noted impacts the larger current operation causes. Should Council approve this option, approval should be based on incorporating 4465 Eastwood Crescent into the Special Policy Area designation as a satellite accommodation with a maximum of 4 guest rooms. Page 63 of 819 8 PBD-2021-05 February 9, 2021 4. Zoning By-law 5359 River Road is zoned Residential Two (R2-1010) by By-law No. 79-200, as amended by By-law No. 2015-51 with site specific regulations permitting an Inn with a maximum of 12 rooms for tourists and a room for a manager. The other 5 properties are zoned Residential Two (R2-2) with area specific regulations that permit an owner operated bed and breakfast with up to 4 rooms for tourists. These properties would provide an additional 26 guest rooms. The applicant has requested modifications to the site specific R2 zone to permit Hybrid Inn, which would consist of 5 satellite properties joined to the Grandview Inn to provide off-site guest rooms for the main Inn. The Inn would provide breakfast to any of the guest in the 38 rooms. Management of all properties would be controlled through in the Inn. The changes requested from the current R2-1010 zone for the Grandview Inn (5359 River Road) are summarized in the following table: R2-1010 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum interior side yard width 1.5 m 1 m Minimum exterior side yard width 2.3 m 2 m Maximum building height 12.7 m 15.7 m to recognize height approved by Minor Variance (File A-2015- 035) Minimum number of parking spaces and location 1 space for each room plus 1 space for the manger’s unit Required parking allowed to be provided on any of the 6 properties in aggregate Maximum lot area which can be used as a surface parking area 25 % of the lot area 30% of the lot area including 450 square metres of the rear yard Minimum landscaped open space 45% of lot area 40% of the lot area Maximum number of off-site satellite buildings which may provide guest rooms in conjunction with the Inn None 5 Maximum number of guest rooms in satellite buildings None 26 Requested changes to regulations which can be supported are: The building height increase is acceptable as it incorporates a Minor Variance decision into the zoning by-law; The increase in % lot area to be used for parking area as this equates to 50 square metre increase (3 parking spaces). Staff note that this represents the existing turfstone area, adjacent to River Lane that was installed after inspections of the Page 64 of 819 9 PBD-2021-05 February 9, 2021 approved site plan were completed. This area could be used to provide tandem parking for staff and alleviate off-site parking impacts. A site plan amendment will be required; The reduction in landscaped area reflects the above noted change in parking area. Landscaping is still in excess of the 30% of the lot area required for a typical residential lot; The requested change in regulations which are not supported are as follows: These reductions to the exterior and interior side yards are not warranted as the site drawing shows compliance with existing regulations; Off-site parking linked to satellite properties is not consistent with the intent of the zoning by-law and could result in traffic impacts for residential neighbours as a cars shuttle between one property and another. In addition to the property specific changes, the linking 4465 Eastwood Crescent through zoning to 5359 River Road (Grandview Inn) can be supported provided the satellite building is limited to a maximum of 4 guest rooms as that is consistent with the scale permitted for a bed and breakfast; and R2 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum lot frontage 15 m 14.9 m Minimum exterior side yard width 4.5 m 2.6 m Minimum area of exterior side yard which can be used as a parking area 67% of the yard, up to x sq.m. 67% of the yard, up to 60 sq.m. Minimum setback of an accessory building in a rear yard from any lot line 4.5 from exterior side lot line, and 0.45 m from other lot lines, overhanging roof or eaves 0.15 m 1.4 m from exterior side lot line and 0.2 m form other lot lines, overhanging roof or eaves 0 m the lot frontage is an existing conditions and can be recognized; a parking area of 30% of the lot area, including 100 square metres of the rear yard, would suffice in providing sufficient parking with an on site aisle for vehicle manoeuvring, per Transportation Services comments; the property is interpreted as an interior lot since the abutting lane (River Lane) does not meet the definition of a street therefore the property is not technically a corner lot. Accordingly, the exterior side yard departures are not necessary. Planning staff however do not recommend linking the other satellite properties (5287, 5401, 5411 and 5427 River Road) as they represent an increase in the total number of guest rooms associated with one operation more closely approximating a small hotel. The policies of the River Road District prohibit commercial uses, as discussed above. Further the use of these dwellings solely for tourist accommodation would remove the Page 65 of 819 10 PBD-2021-05 February 9, 2021 properties from the City’s supply of housing stock. However, if Council decides to approve these properties as satellite accommodation, as requested, they should be limited to 4 guest rooms per property in keeping with the size of a Bed and Breakfast. The following changes have been requested from the current site specific R2 zone for all 5 satellite properties summarized in the following table: R2 ZONE STANDARD REGULATION REQUESTED REGULATION Maximum number of guest rooms none 4 rooms (5401 and 5411 River Rd and 4465 Eastwood Cr) 7 rooms (5287 and 5427 River Rd) Maximum lot area which can be used as a surface parking area 30% include 40 square metres of the rear yard 30% including 170 square metres of the rear yard Interpretation of front yard on through lots that abut both River Road and River Lane Yards abutting River Road and River Lane are interpreted to be front yards Yard abutting River Lane interpreted to be rear yard The applicant has also requested a number of regulations for certain properties to reflect existing building and site conditions on the satellite building, which are summarized below: 5287 River Road R5C ZONE STANDARD REGULATION REQUESTED REGULATION Maximum building height 10 metres 2 storeys (as existing) 5401 River Road R2 ZONE STANDARD REGULATION REQUESTED REGULATION Maximum building height 10 metres 2.5 storeys (as existing) Minimum setback of an accessory building from any lot line 0.45 m 0.4 m 5427 River Road R2 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum setback of an accessory building in a rear yard from any lot line 0.45 m 0.4 m Page 66 of 819 11 PBD-2021-05 February 9, 2021 Except for 4465 Eastwood Crescent (outlined above), staff do not recommend any of the site specific changes despite the fact the building setbacks and heights are long standing existing situations, because the request to add these buildings as satellite properties is not supported. It has been determined that the requested interpretation of front yard to apply to River Road frontage of the affected properties is not necessary, as the lots do not satisfy the definition of through lots. A through lot would need to abut a public throughway with a 12 metres wide right of way; River Lane has width of 6.1 metres. 5. Site Plan Grandview Inn is subject to a registered site plan agreement. The site plan should illustrate 4 complying parking spaces (off Eastwood Crescent and River Lane) in accordance with City standards. As was noted the Grandview Inn site has been altered, after the release of site plan agreement securities, through the removal of a landscaped are adjacent to River Lane to provide a turfstone parking area. As noted above this parking area would provide 3 tandem parking spaces for staff members thereby minimizing the potential of off-site parking impacts. Nonetheless, this parking area will require an appropriately planted landscaped buffer along Eastwood Crescent to screen the residential street, In addition, Transportation Services do not support vehicles backing out from this parking area onto River Lane. To avoid this, a landscaped barrier or decorative fence or wall should be placed adjacent to River Lane thus limiting access to this area from the Grandview Inn parking area. This agreement should be amended to incorporate the dwelling at 4465 Eastwood Crescent into the agreement. 6. Licensing The off site accommodation would need to be licensed accordance with the City’s Licensing By-law (No. 2001-35). Should the Official Plan and Zoning By-laws permitting off-site accommodation come into force, a license would need to be obtained prior to operation. FINANCIAL IMPLICATIONS A reassessment of the satellite property(ies) as commercial uses by the Municipal Property Assessment Corporation may result in additional tax revenue to the City. CITY’S STRATEGIC COMMITMENT The proposal as recommended is supported by the City’s strategic initiatives in that it provides a unique form of accommodation, while minimizing the loss of housing stock needed to provide housing for residents. Page 67 of 819 12 PBD-2021-05 February 9, 2021 LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Overall Conceptual Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce Attach. S:\PDR\2021\PBD-2021-05, OP and ZBLA, Satellite Accomodations in Conjunction With Grandview Inn, 5359 River Road.docx Page 68 of 819 13 PBD-2021-05 February 9, 2021 SCHEDULE 1 Page 69 of 819 14 PBD-2021-05 February 9, 2021 SCHEDULE 2 Page 70 of 819 Address: 5359 River Rd (Grandview Inn) 5287, 5401, 5411 and 5427 River Rd and 4465 Eastwood Cr Applicant: 1907762 Ontario Inc. Proposal: Hybrid Inn with 5 Properties Containing Satellite Accommodations Official Plan & Zoning By-law Amendment Application AM-2019-022 Page 71 of 819 A GREAT CITY…FOR GENERATIONS TO COME Location Page 72 of 819 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Plan 5427 River Rd 5411 River Rd 5401 River Rd 5359 River Rd 4465 Eastwood Cres 5287 River Rd Page 73 of 819 Background •Applicant has requested an Official Plan and Zoning By-law Amendment for 6 properties as follows: •5359 River Road, a 1602 square metre property occupied by the Grandview Inn and proposed to accommodate the Main Building of the Hybrid Inn •5 additional properties which are proposed to have satellite accommodations as follows •-5287 River Road (1255 square metres) •-5401 River Road (878 square metres) •-5411 River Road (730 square metres) •-5427 River Road (608 square metres) •-4465 Eastwood Crescent (455 square metres) •5359 River Road is designated Residential and subject to Special Policy Area 32. Special Policy Area 32 permits an Inn with 12 rooms for guests plus 1 room for a manager. •The other properties are designated Residential and are in the River Road Satellite District. Policies permit Bed and Breakfast accommodations and alternative accommodations of this nature, provided the residential character of the neighbourhood is maintained Page 74 of 819 Background (cont.) •5359 River Road is zoned Residential Two (R2-1010) which permits an Inn with 12 rooms plus 1 room for a manager and is subject to a number of site specific development standards •The other properties are zoned Residential Two (R2-2). In addition to other uses this zone permits tourist homes up to 4 bedrooms. NEIGHBOURHOOD OPEN HOUSE •Held on December 16, 2020 with 19 interested parties, applicant, applicant’s planner and a City Councillor. •Concerns raised as follows: –Disagreement with applicant’s assertion that the satellite accommodations are residential uses; –Satellite accommodations are commercial uses like Vacation Rental Units that should be directed to commercial areas; –Properties have already been used illegally for the requested purposes; –Numerous traffic concerns including River Lane being blocked by parked cars; insufficient parking spaces at the Inn for staff, guests or for guests from satellite properties to park when checking in, or utilizing the main dining room and safety concerns caused by tourists’ vehicles use of River Lane. –Approval of the request will set a precedent and lead to further requests resulting in a deterioration of the neighbourhood; and, –Property standards concerns including the ongoing construction of the Grandview Inn; food scraps and rat poison being left out behind the Inn and construction materials being stored on 4465 Eastwood Crescent. Page 75 of 819 Background (cont.) NEIGHBOURHOOD OPEN HOUSE con’t Staff have additional comments: •Complaints have been filed for all the satellite properties, except 5287 River Road, that these properties have been illegally used as accommodation properties. The complaint is active, By-law Enforcement are monitoring the properties to see if they are being used for accommodations; •A recent complaint regarding storage of construction materials at 4465 Eastwood Crescent related to the Grandview Inn, is being investigated; and, •Building Services confirms that an active Building Permit exists for the ongoing construction of the Grandview Inn. The Ontario Building Code does not specify a time frame in which construction is to conclude under a Building Permit. A GREAT CITY…FOR GENERATIONS TO COMEPage 76 of 819 Planning Analysis PROVINCIAL POLICIES •Niagara Falls is identified as a part of the Gateway Economic Zone under the Provincial Growth Plan. 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. •While this provides a degree of support for new tourism development, the lands are designated Residential which are primarily intended to provide housing units. This proposal removes housing stock from the City’s inventory and for this reason cannot be considered to comply or conform with the Growth Plan and the Provincial Policy Statement. REGIONAL POLICIES •The area adjacent to the Niagara River Parkway is part of the Regional Gateway Economic Zone, which promotes tourism development. •Regional staff note the proposal complies with the Gateway Economic Zone policies. A GREAT CITY…FOR GENERATIONS TO COMEPage 77 of 819 Planning Analysis con’t OFFICIAL PLAN •Designated Residential which supports a full range of housing units to meet the needs and resources of residents. •Accessory uses permit Bed and Breakfast establishments. •OP Amendment 127 (under appeal) reflects Council’s latest intent that B & B’s be owner occupied. •Subject lands also within River Road Satellite Tourist District which permit bed and breakfasts and alternative forms of accommodation provided the residential character of the neighbourhood is maintained. No commercial uses shall be permitted in this district. •The intent of the OP is to ensure that tourism development does not adversely affect the quality of life enjoyed by the residents. •In 2015, Council approved OP Amendment 116 to allow an Inn with 12 guest rooms and a room for an on-site manager for 5359 River Rd to replace the 8 bedroom Eastwood Lodge B & B. An Inn was seen as an alternative form of accommodation in accordance with the OP policies. A GREAT CITY…FOR GENERATIONS TO COMEPage 78 of 819 Planning Analysis con’t OFFICIAL PLAN Planning Staff have the following concerns about the proposal’s compliance with the intent of the Official Plan: •An Inn with 38 rooms, triple the size of the current Inn and similar to a small hotel is not intended to locate in the River Rd neighbourhood. •Current dining room at the Inn, intended to serve 12 guest rooms would have to accommodate 38 guest rooms, 60-70 guests, similar to a commercial restaurant; •Most of the satellite properties have already been used to provide accommodation, and despite the applicant’s best efforts, neighbourhood has been impacted due to parked cars, increased traffic and noise as well as transport trucks serving the Inn; •Satellite buildings are dwellings that operationally, resemble Vacation Rental Units. It is Council’s intent that Vacation Rental Units (VRU) only be allowed in specific areas to protect residential environment and livability; •Staff have concerns that 5 satellite buildings will lead to a concentration of tourist accommodation where owner is not in residence. A GREAT CITY…FOR GENERATIONS TO COMEPage 79 of 819 Planning Analysis con’t OFFICIAL PLAN con’t •Notwithstanding the previous noted concerns, staff could support a minor expansion of the Inn, to incorporate the satellite accommodation at 4465 Eastwood Crescent as follows: –Addition would represent a modest expansion (4 guest rooms) of the existing Inn operations. Impacts on surrounding neighbourhood are expected to be limited given that the satellite building is separated by a laneway thus limiting the need to drive between the two properties; –Satellite property would add a unique accommodation option for tourists without a substantial loss of housing stock, and without the above noted impacts the larger current operation causes. •Should Council approve this option, approval should be based on incorporating 4465 Eastwood Crescent into the Special Policy Area designation as a satellite accommodation with a maximum of 4 guest rooms. A GREAT CITY…FOR GENERATIONS TO COMEPage 80 of 819 Planning Analysis con’t ZONING BY-LAW •5359 River Road is zoned Residential Two (R2-1010) with site specific regulations permitting an Inn with a maximum of 12 rooms for tourists and a room for a manager. •The other five properties are zoned Residential Two (R2-2) with area site specific regulations that permit an owner operated bed and breakfast with up to 4 rooms for tourists. These properties would provide an additional 26 guest rooms. •Applicant has requested modifications to the site specific R2 zone to permit a Hybrid Inn which would consist of 5 satellite properties joined to the Grandview Inn to provide off-site guest rooms for the main Inn. The Inn would provide breakfast to any of the guests in the 38 rooms. Management of all properties would be controlled through the Inn. A GREAT CITY…FOR GENERATIONS TO COMEPage 81 of 819 Planning Analysis con’t ZONING BY-LAW con’t A GREAT CITY…FOR GENERATIONS TO COME R2-1010 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum interior side yard width 1.5 m 1 m Minimum exterior side yard width 2.3 m 2 m Maximum building height 12.7 m 15.7 m to recognize height approved by Minor Variance (File A-2015-035) Minimum number of parking spaces and location 1 space for each room plus 1 space for the manager’s unit Required parking allowed to be provided on any of the 6 properties in aggregate Maximum lot area which can be used as a surface parking area 25 %of the lot area 30%of the lot area including 450 square metres of the rear yard Minimum landscaped open space 45%of lot area 40%of the lot area Maximum number of off-site satellite buildings which may provide guest rooms in conjunction with the Inn None 5 Maximum number of guest rooms in satellite buildings None 26 •Building height increase acceptable as it incorporates a Minor Variance decision •Increase in percent of lot area to be used for parking as it equates to 3 parking spaces and represents the turf stone area adjacent to River Lane that was installed after approved site plan inspections •Reduced landscaped area reflects the above change in parking area. Page 82 of 819 Planning Analysis con’t ZONING BY-LAW con’t A GREAT CITY…FOR GENERATIONS TO COME •Requested changes, as follows, are not supported: •Reductions in exterior and interior side yards are not warranted as the site drawings show compliance; •Off-site parking linked to satellite properties is not consistent with the intent of the zoning by-law and could result in traffic impacts for neighbourhood as cars shuttle between properties. Page 83 of 819 Planning Analysis con’t ZONING BY-LAW con’t A GREAT CITY…FOR GENERATIONS TO COME •In addition to the property specific changes, the linking of 4465 Eastwood Crescent through zoning to 5359 River Rd (Grandview Inn) can be supported •Provided the satellite building is limited to a maximum of 4 guest rooms consistent with Bed and Breakfast accommodations; •The lot frontage is an existing condition and can be recognized; •Parking area 30% of lot area is sufficient •Property is interpreted as an interior lot since River Lane does not meet the definition of a street, therefore, property is not a corner lot and exterior side yard departures are not necessary. R2 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum lot frontage 15 m 14.9 m Minimum exterior side yard width 4.5 m 2.6 m Minimum area of exterior side yard which can be used as a parking area 67%of the yard,up to x sq.m.67%of the yard,up to 60 sq.m. Minimum setback of an accessory building in a rear yard from any lot line 4.5 from exterior side lot line,and 0.45 m from other lot lines,overhanging roof or eaves 0.15 m 1.4 m from exterior side lot line and 0.2 m form other lot lines,overhanging roof or eaves 0 m Page 84 of 819 Planning Analysis con’t ZONING BY-LAW con’t •Planning staff do not recommend linking the other satellite properties (5287, 5401, 5411 & 5427 River Rd) as they represent an increase in the total number of guest rooms associated with one operation more closely approximating a small hotel. •The use of the dwellings solely for tourist accommodation would remove the properties from the City’s supply of housing stock. •However, if Council decides to approve these properties as satellite accommodation as requested, they should be limited to 4 guest rooms per property in keeping with the size of a Bed and Breakfast. •The following changes have been requested from the current site specific R2 zone for all 5 satellite properties: A GREAT CITY…FOR GENERATIONS TO COME R2 ZONE STANDARD REGULATION REQUESTED REGULATION Maximum number of guest rooms none 4 rooms (5401 and 5411 River Rd and 4465 Eastwood Cr) 7 rooms (5287 and 5427 River Rd) Maximum lot area which can be used as a surface parking area 30%include 40 square metres of the rear yard 30%including 170 square metres of the rear yard Interpretation of front yard on through lots that abut both River Road and River Lane Yards abutting River Road and River Lane are interpreted to be front yards Yard abutting River Lane interpreted to be rear yard Page 85 of 819 Planning Analysis con’t ZONING BY-LAW con’t •The applicant has also requested a number of regulations for certain properties to reflect existing building and site conditions on the satellite buildings, as follows: 5287 River Rd: 5401 River Rd: 5427 River Rd: •Except for 4465 Eastwood Cres. Staff do not recommend any of the site specific changes despite the fact the building setbacks and heights are long standing existing situations because the request to add these buildings as satellite properties is not supported. A GREAT CITY…FOR GENERATIONS TO COME R5C ZONE STANDARD REGULATION REQUESTED REGULATION Maximum building height 10 metres 2 storeys (as existing) R2 ZONE STANDARD REGULATION REQUESTED REGULATION Maximum building height 10 metres 2.5 storeys (as existing) Minimum setback of an accessory building from any lot line 0.45 m 0.4 m R2 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum setback of an accessory building in a rear yard from any lot line 0.45 m 0.4 m Page 86 of 819 Conclusion The amendments as submitted cannot be recommended for the following reasons: •Proposed development would result in a tourist accommodation having 38 rooms which would be at the scale of a small hotel that would be more appropriately located on commercially designated lands; •Official Plan states no commercial uses are to be permitted in the River Road Satellite District; •Current operation of the requested accommodation has already caused impacts on surrounding residential properties and it cannot be assured these impacts will be mitigated as a result of this application; and, •Satellite properties are proposed to have up to 7 guest rooms without on-site owner manager, which on their own are of a scale more associated with a small inn, and out of character with other permitted tourist accommodations in the River Road area, which limits Bed and Breakfasts to 4 bedrooms in an owner occupied house. Page 87 of 819 Conclusion Staff recommend the amendments be approved, in part, to permit only 4465 Eastwood Crescent be linked to the Grandview Inn as satellite accommodation for the following reasons: •This modest expansion of the Inn accommodation would be significantly smaller that the proposed operation and more in scale with the surrounding residential neighbourhood; •4465 Eastwood Crescent is adjacent to the Inn property and thus traffic impacts shuttling from satellite properties is not expected to occur; •Addition of 4 rooms to the current Inn would bring the total number of rooms to 16 which is within the definition of an Inn; and, •At 4 bedrooms, 4465 Eastwood Crescent, on its own, is of a scale comparable to bed and breakfast establishments permitted in the River Road area. 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Lmanna:Ea:9:303%.1%am335%..8Enezwmmoa .PN.mqaozz?xzawmam?nUWn..n»mru=83:53z._&2:n!.Kvzwnaa?tmsm?uaui?3&25&3_. .72:9amasmas.wwauxaa?nm?mrZnnaaumcmunnoaaoaumaamamSWBansEAavugw?munaimEd» v_d<Ew?cana&...2w_n+.m.wn3_,omEmam?zvosiacaWBu??inn. .\Emumm?o.#33B:Sm&:...&<4<9.43:5563%2a2.1.2. L4. x _ _m.«mu:mam..:m:w Page 176 of 819 PBD-2021-06 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-06 AM-2020-011, Official Plan and Zoning By-law Amendment Application South west corner of McLeod Road and Alex Avenue Proposal: Five, 3.5 Storey Apartment Buildings with a Total of 108 Units Applicant: M5V Inc. (Sherard McQueen) RECOMMENDATION 1. That Council approve the Official Plan amendment to amend Special Policy Area 48 to permit the land to be development with Residential Uses in accordance with the policies of the McLeod Road Intensification Corridor; and, 2. That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Apartment 5C Density (R5C) zone to permit five, 3.5 storey apartment buildings with a total of 108 units, subject to the providing a minimum 10 metre building setback for the south property line and a 1.5m landscape strip between parking spaces proposed in the front yard and Alex Avenue, and limiting the maximum building height to 10.8 metres. EXECUTIVE SUMMARY M5V Inc. (Sherard McQueen) has requested an Official Plan and Zoning By-law amendment for a parcel of land on the south west corner of McLeod Road and Alex Avenue. The applicant requests Special Policy Area 48 on the land be amended to permit the land to be developed with Residential Uses in accordance with the policies of the McLeod Road Intensification Corridor and the land be rezoned to a site specific Residential Apartment 5C Density (R5C) zone to permit the construction of five, 3.5 storey apartment buildings with a total of 108 units. Provided the building setback from the south property line is increased as recommended, the amendment is supported for the following reasons: The proposed development conforms to and complies with Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents; The proposed development complies with the City’s Official Plan with respect to the density and built-form anticipated within the McLeod Road Intensification Corridor; and The requested R5C zone permits an apartment building and the requested and recommended regulations are appropriate to ensure the development will be compatible with surrounding properties. Page 177 of 819 2 PBD-2021-06 February 9, 2021 The development will be subject to Site Plan Control. Through this process servicing, grading, landscaping and buffering will be addressed. BACKGROUND Proposal M5V Inc. (Sherard McQueen) has requested an Official Plan and Zoning By-law amendment for a parcel of land on the south west corner of McLeod Road and Alex Avenue, totalling 0.96 hectares (2.4 acres), as shown on Schedule 1. The land is designated Minor Commercial and Special Policy Area No. 48, which permits the land to be developed with a 4 storey hotel. The applicant is requesting this Special Policy Area designation be amended to permit the land to be developed with Residential Uses in accordance with the policies of the McLeod Road Intensification Corridor. The land is zoned site specific General Commercial (GC-696) by Zoning By-law No. 79-200, which limits the use of the land to a hotel. The applicant is requesting the land be rezoned to the Residential Apartment 5C Density (R5C) zone with site specific lot area, front and rear yard depth, side yard width, parking regulations, and to permit 5 apartment buildings on one parcel to permit the development of five, 3.5 storey apartment buildings, with a total of 108 units as seen on Schedules 2 and 3. An updated site plan was submitted by the applicant on January 29th, 2021, seen on Schedule 4. The changes to the updated site plan are outlined in the Zoning By-law Analysis section of this report. Site Conditions and Surrounding Land Uses The subject land is located on the south west corner of McLeod Road and Alex Avenue, totalling 0.96 hectares (2.4 acres) in size. The land is currently vacant and was originally partially treed; most trees and vegetation were removed from the site last spring. The site still contains some small trees and bushes. Located north of the property are vacant lands, a dental care facility, and an apartment building under construction; to the east are vacant lands and single detached houses; to the south are single detached houses; and to the west are vacant lands. Circulation Comments Information about the requested Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara The proposal is consistent with the Provincial Policy Statement and conforms to Provincial and Regional policies. The proposal is within an area identified for intensification and will make more efficient use of an underutilized parcel. Environmental Staff reviewed the submitted, scoped Environmental Impact Study for the property. Regional Staff are of the opinion that the former woodlot on the property was not a Significant Woodland as defined in the Regional Official Plan. Page 178 of 819 3 PBD-2021-06 February 9, 2021 Further matters, including servicing, urban design and implementation of noise study warning clauses, will be addressed at the site plan approval stage. Municipal Works, Parks Design, Legal Services, Transportation Services No objections to the application or requested site specific regulations. Further submission and review of detailed engineering, lighting, landscaping plans, Ontario Building Code review and fire safety measures will occur at the site plan stage. Cash-in-lieu of 5% parkland dedication, will be payable at the site plan approval stage. Neighbourhood Open House A virtual neighbourhood open house was held on November 26, 2020 and was attended by 3 neighbours, the applicant and the applicant’s planner. The neighbouring residents expressed concerns about trees being cut down on the subject property, privacy impacts to their properties, traffic concerns and concerns regarding Airbnb type uses (vacation rental units) locating in the proposed development. The agent for the application stated they used the appropriate channels before cutting down trees and had a biologist and arborist on site when they were cut down. The developer explained that trees will be provided along property lines and on the roof-top terraces of the proposed units. The developer stated they were willing to work with the community to determine how to provide buffering that would satisfy the adjacent property owners through fencing and tree planting. Planning Staff stated that the improvements for McLeod Road, including the intersection of McLeod Road and Alex Avenue, are planned by the Region. Planning Staff spoke with the Region who stated the Environmental Assessment completed for the intersection determined a traffic light was not needed at this time. These conclusions are to be revisited at the time of detailed design. Planning Staff informed the neighbouring residents that Council has passed a by-law that does not permit vacation rental units in residential zones such as the proposed Residential Apartment 5C Density (R5C) zone. Council’s decision was appealed to the Local Planning Appeal Tribunal (LPAT). A hearing took place in November and the City is now waiting for a final decision on the matter from the LPAT. The developer stated they would defer to the City for the permission of this use within their proposed development. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to conform to the Provincial “A Place to Grow” Plan and be consistent with the Provincial Policy Statement. The proposed development on the land conforms and is consistent as follows: The proposed dwelling units will assist the City in meeting its requirement to locate a minimum of 40% of all residential development occurring annually with the Built- up Area; Page 179 of 819 4 PBD-2021-06 February 9, 2021 The proposed development will provide a range and mix of housing types to the area that will better meet the requirements of residents; and, The proposed apartment buildings are a form of residential intensification promoted by the Province and the proposed units will assist in providing housing options for the area. 2. Official Plan The subject land is designated Minor Commercial subject to Special Policy Area 48 in the City’s Official Plan and are located within the McLeod Road Intensification Corridor. This Special Policy Area limits the development of the property to a 4 storey hotel. The applicant is requesting Special Policy Area 48 be amended to permit the land to be development with mid rise residential buildings in accordance with the policies of the McLeod Road Intensification Corridor. A residential land use next to existing housing is seen as a more compatible land use than a tourist commercial operation. Within the Corridor, apartment buildings are anticipated with densities and building heights ranging from 65 units per hectare and 4 storeys at the Corridor’s west end (near Dorchester Road) to 150 units per hectare and 8 storeys at the Corridor’s east end (near Stanley Avenue). Development is to conform to a set of design criteria intended to mitigate impacts on surrounding development and provide for attractive design, including rear yard building setbacks that are equivalent to the building height to mitigate impacts on abutting low density residential uses. The proposal conforms to the Official Plan as follows: The development has a density of 112.5 units per hectare, which is within the range established in the policies; The proposed building height of 3.5 storeys is consistent with surrounding development; Buildings are proposed close to the street to engage the street frontage per the design policies for apartment buildings. However, the southerly side yard setback, which only has a width of one half the building height, is not consistent with the intent of the Official Plan, which encourages sufficient horizontal distances between taller buildings and low rise dwellings to ensure a complementary and harmonious arrangement of residential uses. Staff are concerned that the abutting detached dwellings will be impacted by the proposed buildings. To mitigate the height and massing to the proposed buildings and ensure abutting dwellings are not overshadowed, Planning Staff are of the opinion that the setback along the southerly lot line should be increased to a 1 to 1 ratio of 10 metres, which is close to the height of proposed buildings (10.8m). This has been further addressed in the Zoning By-law section of this report below. 3. Zoning By-law The property is currently zoned General Commercial (GC-696) by Zoning By-law No. 79- 200, as amended by By-law Nos. 2005-55 and 2005-196, which limit the use of the land Page 180 of 819 5 PBD-2021-06 February 9, 2021 to a hotel. The applicant has requested a Residential Apartment 5C Density (R5C) zone with site specific regulations. On January 29th, 2021 an updated site plan was submitted, as seen in Schedule 4. This site plan increased the rear yard setback from 4.5m to 6m, the southerly side yard setback from 5.4m to 6m and the parking maneuvering aisles from 6.0m to 6.3m. The departures requested from the standard R5C regulations by the application and updated site plan are summarized in the following table: R5C ZONE STANDARD REGULATION REQUESTED REGULATION Minimum lot area 100 sq. m./unit 89 sq. m./unit Minimum front yard depth (Alex Avenue) 7.5m plus 10m from the centreline of Alex Avenue 5m to the proposed building plus 10m from Alex Avenue Minimum exterior side yard width (McLeod Road) 7.5m plus 15.25m from the centreline of McLeod Road 4.5m to the building plus 16.8m from the centreline of McLeod Road Minimum rear yard depth 10m 6.0m (Block C) 9.4m (Block D) Number of apartment buildings on one lot 1 5 Number of parking spaces per unit 1.4 spaces/unit 1.26 spaces/unit Projection of balconies 0.45m into a required side yard 1.18m into the proposed exterior side yard The departures from the standard regulations can be supported for the following reasons: The lot area reduction will allow for a density of 112.5 units per hectare that is consistent with the Official Plan; The reduction to the front and exterior side yard depths creates a more urban form with a landscaped front and exterior side yard, as contemplated by the Official Plan; The defined rear yard abuts a vacant lot to the west, zoned to be developed in accordance with the General Commercial (GC-697) zone. There are no negative impacts anticipated for the vacant lot as a result of the reduced setback for future permitted uses on this lot. Allowing 5 apartment buildings on 1 lot is acceptable as these buildings have relatively small footprints and will share common areas and services on-site such as garbage collection and parking areas. The requested parking ratio at 1.26 spaces/unit would reduce the number of required parking spaces from 151 to 136. This reduction is acceptable; the property is on a bus route which provides an opportunity for alternative means of transportation. In addition, Transportation Staff stated they have accepted a 1.27 Page 181 of 819 6 PBD-2021-06 February 9, 2021 parking ratio on number other townhouse/apartment developments and would have no objection to the same rate being applied to this proposed development; The applicant is requesting that the proposed balconies be permitted to project into the required exterior side yard by 1.18m whereas 0.45m is the maximum permitted projection. This request is acceptable as it creates a more urban form with a landscaped exterior side yard as contemplated by the Official Plan. Staff recommend 3 modifications to the proposed Zoning By-law amendment to provide a more compatible development with the surrounding area. They are as follows: 1) A minimum required side yard setback of 10m to the southerly lot line. The required side yard setback is one half the building height (5.4m), which is being met for both Block D (7.2m) and Block E (6.0m). While the lot line is defined as a side yard, it will function as a rear yard for Blocks D and E. The required rear yard depth for the R5C zone is 10m or one half the building height, whichever is greater. To ensure compatibility with the existing single detached houses to the south, Staff are recommending that a setback of 10m from the southerly side yard lot line be required to mitigate the impacts of the proposed buildings and to provide adequate room for stormwater management, buffering and screening purposes. In addition, as the currently required setback to the southerly lot line for the 4 storey hotel permitted on the land is 43 metres the larger setback is better aligned with historic approvals granted for the property. 2) A maximum building height of 10.8m. The R5C zone permits building heights up to 19 metres. It is recommended the amending by-law restrict the building height to 10.8 metres, as proposed, to ensure the proposed development is compatible with surrounding development. 3) A minimum 1.5m landscape strip be required for parking spaces within the front yard. The applicant requested that 1 space be permitted in the front yard without a 1m high decorative wall or a 1.5m landscape strip. The parking space is located near a proposed entrance for the development. A decorative wall may interfere with site lines near the entrance. Staff are recommending that a 1.5m landscape strip be provided between the parking space and the front lot line without the 1m high decorative wall, to provide a buffer between the sidewalk and the proposed parking space. 4. Site Plan The development will be subject to site plan control. At the site plan approval stage detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. FINANCIAL IMPLICATIONS The proposed development will provide Cash-in-lieu for Parkland Dedication, Development Charges and a new tax assessment to the City. Page 182 of 819 7 PBD-2021-06 February 9, 2021 CITY’S STRATEGIC COMMITMENT The proposed development complies with the Diverse and Affordable Housing initiative in that it uses vacant land for a multiple unit development that diversifies housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Original Site Plan Submission Schedule 3 – Perspective Drawing Schedule 4 – Updated Site Plan Submission (January 29th, 2021) Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper: Attach. S:\PDR\2021\PBD-2021-06, AM-2020-011, SW corner McLeod and Alex, M5V Inc.docx Page 183 of 819 8 PBD-2021-06 February 9, 2021 SCHEDULE 1 – Location Map Page 184 of 819 9 PBD-2021-06 February 9, 2021 SCHEDULE 2 – Original Site Plan Submission Page 185 of 819 10 PBD-2021-06 February 9, 2021 SCHEDULE 3 – Perspective Drawing Page 186 of 819 11 PBD-2021-06 February 9, 2021 SCHEDULE 4 – Updated Site Plan Page 187 of 819 Address: South West corner of McLeod Road & Alex Ave APPLICANT: M5V Inc. (Sherard McQueen) Proposal: To permit 5 –3.5 Storey Apartment Buildings Official Plan & Zoning By-law Amendment Application AM-2020-011 Page 188 of 819 A GREAT CITY…FOR GENERATIONS TO COME Location Lands being developed with dental centre & apt Vacant land 0.96 ha (2.4 ac) Single detached Vacant land Page 189 of 819 A GREAT CITY…FOR GENERATIONS TO COME Site Plan •Original site plan submitted.Page 190 of 819 A GREAT CITY…FOR GENERATIONS TO COME Revised Site Plan New Site plan submitted in January 2021 Amendments made to: •rear yard setback, •southerly side yard setback •parking aisle width .Page 191 of 819 A GREAT CITY…FOR GENERATIONS TO COME Elevations Page 192 of 819 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested an Official Plan and Zoning amendment for a 0.96 hectare (2.4 acre) parcel of land on the south west corner of McLeod Road and Alex Ave. •Land is designated Minor Commercial and Special Policy Area No. 48 under the Official Plan. This would permit the land to be developed with a 4 storey hotel. •Applicant is requesting this Special Policy Area designation be amended to permit the land to be developed with Residential uses according to the policies in the McLeod Road Intensification Corridor. •Land is zoned site specific General Commercial (GC-696) zone which limits the use of the land to a hotel. •Applicant is requesting the land be rezoned to Residential Apartment 5C Density (R5C) zone with a site specific lot area; front and rear yard depth, side yard width, parking regulations and to permit 5 apartment buildings on one parcel to allow for the development of 108 apartment units . Page 193 of 819 A GREAT CITY…FOR GENERATIONS TO COME Background con’t NEIGHBOURHOOD OPEN HOUSE •Held on November 26, 2020 and attended by the applicant, the applicant’s planner and 3 neighbouring residents. •Concerns raised by the residents included: –Trees being cut down; Privacy impacts on their properties; Traffic concerns and Vacation Rental-Air BNB type uses locating on the property. •Agent stated a biologist and arbourist were on site when the trees were cut down; •Trees will be provided along the property lines and on roof-top terraces of the proposed units; •Developer stated he would work with community to determine how to provide buffering to adjacent property owners through fencing and tree planting. •Planning staff added that improvements for McLeod Rd, including the intersection of McLeod and Alex are planned by the Region. •Ability for Vacation rental use is to be determined by decision from LPAT Page 194 of 819 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICIES •Places to Grow Plan requires a minimum 40% of annual residential development to occur in Built-Up Areas; •This development will provide a range and mix of housing types to meet the requirements of residents; •Proposed apartment buildings are a form of residential intensification promoted by the Province and will assist in providing housing options in the area. Page 195 of 819 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t OFFICIAL PLAN •Designated Minor Commercial subject to Special Policy Area which limits development to a 4 storey hotel and located within the McLeod Rd Intensification Corridor; •Special Policy amendment is requested to permit the land to be developed with mid- rise residential buildings which is more compatible with existing adjacent housing as opposed to a tourist commercial operation. •Within the Corridor, anticipated densities and building heights range from 65 un/ha and 4 storeys to 150 un/ha and 8 storeys; •Rear yard setbacks that are equivalent to building height will assist in mitigating impacts on abutting low density residential uses; •Proposed density of 112.5 un/ha is within established range, proposed building height of 3.5 storeys is consistent with surrounding development; buildings are proposed close to the street to engage the street frontage in keeping with the design policies for apartment buildings. •Southerly lot line setback should be increased to 10 m reflective of building height Page 196 of 819 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •Following are departures from standard zoning regulations that can be supported: –Lot area reduction will allow for a density of 112.5 un/ha that is consistent with Official Plan –Reduction to front and exterior side yard creates an urban form contemplated by the Official Plan; –Reduced rear yard setback as lot abuts vacant land zoned Commercial so no negative impacts anticipated. –Allowing 5 apartment buildings on one lot is acceptable as small building footprints and shared common areas; garbage collection and parking; –Allowing 131 parking spaces is acceptable as property is on a bus route and similar parking ratios have been acceptable to Transportation Services on other similar developments; –Proposed balcony projection of 1.18 is acceptable as it creates more urban form with a landscaped exterior side yard, contemplated in the Official Plan. Page 197 of 819 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •3 modifications for a more compatible development: –Minimum required side yard setback of 10 m to the southerly lot line •Minimum required is one half the building height which would be 5.4 and the applicant is providing 7.2 m on Block D and 6.0 m on Block E •While the lot line is described as the side yard, it will function as a rear yard for Blocks D & E •Required rear yard depth for the R5C zone is 10 m or one half the building height whichever is greater. •To ensure compatibility, a setback of 10 m from the southerly side yard lot line –Maximum building height of 10.8 m •R5C zone permits building heights up to 19 m •Recommending the amending by-law restrict building height to 10.8 m to ensure proposed development is compatible with surrounding development. –Minimum 1.5 m landscape strip be required for parking spaces within the front yard. •Decorative wall may impact sightlines near the entrance •Recommend a 1.5 m landscape between the parking space and the front lot line to provide a buffer between the sidewalk and the parking space. Page 198 of 819 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Projection of balconies into Side yard –1.18m Side yard width – 4.5m to building & 16.8m from McLeod RdMinimum lot area – 89 m2/unit Rear yard depth – 6.0m to Block C 9.4 m to Block D Front Yard depth 5m to building 10m from Alex Ave 5 Apartment Buildings on one Lot Parking Spaces per unit 1.26A D E B C McLeod Rd Alex AvePage 199 of 819 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •It is concluded that: –Proposed development conforms to and complies with the Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City,will assist in meeting the City’s intensification targets and will provide additional housing choices for residents; –Proposed development conforms to the City’s Official Plan with respect to the density and built-form anticipated within the McLeod Road Intensification Corridor;and, –The requested R5C zone permits an apartment building and the requested and recommended regulations are appropriate to ensure the development will be compatible with the surrounding properties.Page 200 of 819 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Official Plan amendment to amend Special Policy Area 48 to permit the land to be developed with Residential Uses in accordance with the policies of the McLeod Road Intensification Corridor; and, •That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Apartment 5C Density (R5C)zone to permit five,3.5 storey apartment buildings with a total of 108 units, subject to providing a minimum 10 metre building setback for the south property line and a 1.5 metre landscape strip between parking spaces proposed in the front yard and Alex Avenue,and limiting the maximum building height to 10.8 metres.Page 201 of 819 1 Heather Ruzylo Subject: File: AM-2020-011 Zoning By-law Amendment Application (Email from Rich Merlino) From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Wednesday, January 13, 2021 2:24 PM To: 'Rich Merlino' Cc: Bill Matson <billmatson@niagarafalls.ca>; Alexa Cooper <acooper@niagarafalls.ca> Subject: RE: File: AM-2020-011 Zoning By-law Amendment Application Hello Mr. Merlino Thank you for your comments on this application. The application is on circulation now. I would ask that Alexa, the Planner assigned to this file, to update you with the Region’s comments once received. Your email (redacted) will be included in the Council’s package on February 9. 2021. Sincerely Alex Alex Herlovitch | Director of Planning, Building & Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4231 | Fax 905-356-2354 | aherlovitch@niagarafalls.ca From: Rich Merlino < Sent: Wednesday, January 13, 2021 1:45 PM To: Alex Herlovitch <aherlovitch@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Alexa Cooper <acooper@niagarafalls.ca> Subject: File: AM-2020-011 Zoning By-law Amendment Application Hello Mr. Herlovitch, I would like to formally provide some comments with regard to the proposed development at McLeod Road and Alex Avenue for the Public Meeting of Council on February 9, 2021. As a resident of Aspen Court for over 30 years, I have witnessed and experienced the high volume of traffic on McLeod Road and specifically the safety issues at the intersection of McLeod Road and Alex Avenue. I would like to know if there is an update from the Region of Niagara on the status of traffic lights at said intersection. In the past, with my role as Chair for the Parent Council at Father Hennepin School, I was involved in many meetings and several studies with both The Niagara Region Traffic Department and The Niagara Catholic School Board addressing concerns regarding lack of sidewalks and safe crossing for students at McLeod and Alex. It is clear that the proposed development will address the sidewalk issue however there is no mention of traffic lights. With the increase of traffic generated by this development, I would hope that the safety at this intersection is being seriously considered. Thank you in advance for including this information for the Public Meeting and I look forward to an update. Best regards. Thank you. Rich Merlino Page 202 of 819 9:52.<¢=o:m 3.0::9.2<<_mm_mr mmaw.€mmn_m<.Umnm3vm«4.88amEs ._.ou>_mxmnoovmw m:EmnnUm<m_ou3m:n3§n_.moQE>_mx><m. mo=o<<ccEmu"_uo__o<<cc 2mm93:!no3n_m.2..i_ A023.Emaaaa§a&Enown:3%onmamma<a_o_uBQ:onZo<.N9:inN85.was8Em323%H 8:3935:5Rmmim8Riwamsm025mama2.3.92030%:5»$589:nos:833832:m2.mam 925.8303aaSum535%mm::am8e.:8BaE3.waxmo<o_o_u$88280umEmaseamwmsoaim %§.95%$53835on:5~93 _awamo<o_.w_€2355Emma8En8EmooBoE035:08eama :3mo,90wdgmmaos.33En2.333omqoom:5»203main8U08332.$68mowsm832.3233:8: :53:539,93E089:moss.armma<o_owQ.SE:5”52:30:88:5nmomEE29.53Ewing_.+_Q.o E05;38:5onaamanasoawEwingwm20:.moq9:8:6350$:omoxwmas@5238m_.oB2523SE.3 3§§_SEcwaoiwman:3:E223%S8395$.3.:5zoomEm»:m<m$2.9:mossn<o:wmoawswom Eomoqaom39:3manna?:w<oBmE8m.moaonm:5HQ52miEscrowmm¢<o_ou288EmooEa=:BcQ 9232so9%moss2::38:32.33cmwow:osom_§<mSQ82:onson. 03?éamaw Page 203 of 819 _..:E.§§E.;e.§n._§....:.€..1{=......:z....a..$232?z_E,..§2_siE..._s:§_.....:....!::s.,E§.:.._.x.x:.§.§_2..._£;§..Page 204 of 819 1 Heather Ruzylo To:Megan DeVries Subject:2021-0057 Notice of Application Southwest Corner of McLeod Road and Alex Avenue (Roll No. 272508000314810) Zoning by law application AM-2020-011 From: Megan DeVries <Megan.DeVries@mncfn.ca> Sent: Friday, February 5, 2021 10:09 AM To: Fawn Sault <Fawn.Sault@mncfn.ca>; Alex Herlovitch <aherlovitch@niagarafalls.ca> Cc: Mark LaForme <Mark.LaForme@mncfn.ca> Subject: RE: 2021-0057 Notice of Application Southwest Corner of McLeod Road and Alex Avenue (Roll No. 272508000314810) Zoning by law application AM-2020-011 Good morning, Please find attached a letter from the Mississaugas of the Credit First Nation (“MCFN”) regarding the upcoming assessment for Southwest Corner of McLeod Road and Alex Avenue, as identified below. Please note that, in order to continue maintaining DOCA capacity for fulsome project participation, DOCA charges for technical review of project information. In the exercise of its stewardship responsibility, DOCA seeks to work together with project proponents and their archaeological consultants to ensure that archaeological work is done properly and respectfully. DOCA has retained technical advisers with expertise in the field of archaeology. These experts will review the technical aspects and cultural appropriateness of the archaeological assessments and strategies associated with your project. Upon completion of these reviews, MCFN will identify, if necessary, mitigation measures to address any project impacts upon MCFN rights. For cultural materials and human remains, DOCA may advise that this includes ceremonies required by Anishinaabe law, as well as request adjustments to the proposed fieldwork strategy. The proponent is expected to pay the costs for MCFN to engage in a technical review of the project. DOCA anticipates at this time that all archaeological review will be undertaken by in-house technical experts, but will advise the proponent if an outside peer-review is required. Please find attached the agreement that covers MCFN’s inhouse technical review of the archaeological assessments and strategies associated with your project(s). If you could please fill in the additional required information, highlighted in yellow, and return to us a signed copy, that would be greatly appreciated. After we have received it, we can execute the contract on our end and return the completed contract to you. Afterwards, I can arrange scheduling and other related matters directly with the consultant if you prefer. Sincerely, Megan. Megan DeVries, M.A. (she/her) Archaeological Operations Supervisor Department of Consultation and Accommodation (DOCA) Mississaugas of the Credit First Nation (MCFN) 4065 Highway 6 North, Hagersville, ON N0A 1H0 P: 905-768-4260 | M: 289-527-2763 Page 205 of 819 2 http://www.mncfn.ca This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the Mississaugas of the Credit First Nation. Page 206 of 819 1 Archaeological Review Agreement between: The Mississaugas of the Credit First Nation (“MCFN”) and [name of the proponent] A - Background 1. The purpose of this agreement is to provide the Mississaugas of the Credit First Nation (hereinafter, “MCFN”) with capacity assistance to review reports and other materials in connection with all archaeological assessments required for the [name of project] (hereinafter, “the Project”) located at [address], in [town/city], Ontario, owned by [name of the proponent], (hereinafter, “the Proponent”). 2. The Proponent understands that MCFN wishes its designated representatives at the Department of Consultation and Accommodation (hereinafter, “DOCA”) to provide timely and meaningful comment on the Project via its established review process. 3. The Proponent, or their consultant(s), will therefore provide all reports in draft form to MCFN (via DOCA) for review and comment prior to their submission to other approval or regulatory authorities. The Proponent and their consultant(s) agree to provide reasonable and adequate time for MCFN to complete its review and provide comments on draft reports. MCFN is unable to review of any material in less than one week. 4. For archaeological assessments, the Proponent agrees that their consultant(s) will provide, if applicable, both the Supplementary Documentation and the Indigenous Engagement report alongside the draft archaeological report. The Indigenous Engagement report must contain the consultant’s full account of MCFN’s participation in and comments on the archaeological assessment. 5. For archaeological assessments, the Proponent agrees that no new fieldwork will commence until MCFN has completed its review and has provided comments on the previous Stage of assessment. 6. MCFN agrees that MCFN representatives will have appropriate qualifications for the work required – for example, education in environmental and/or archaeological assessments – and experience in bridging Indigenous perspectives with Western approaches, as reasonably determined by MCFN. Page 207 of 819 2 B – Fees and Cost Structure 7. The Proponent will provide capacity funding for the designated DOCA staff representative in the amount of $150.00 per hour for all activities relating to review of Project materials. An estimate of costs is provided in Schedule B. 8. If MCFN is of the view, that designated DOCA staff are unable to complete a comprehensive technical review of Project materials, the Proponent agrees to pay costs incurred by MCFN to retain an external expert in the appropriate field to be chosen at MCFN’s sole discretion. The Parties agree that a review by an external expert will commence following mutual acceptance by both Parties of an estimate of work provided by the expert. C – Additional Conditions 9. All archaeological work in connection with any Project in the Territory will be carried out in accordance with the Ontario Heritage Act and its Regulations. The Archaeological work will meet or exceed the Ontario Ministry of Heritage, Sport, Tourism, and Culture Industries (hereinafter, “MHSTCI”) standards and guidelines for consultant archaeologists as amended, including the Terms and Conditions for Archaeological Licences, Standards and Guidelines for Consultant Archaeologists (2011) and the Draft Engaging Aboriginal Communities in Archaeology Technical Bulletin (2011), (hereinafter collectively, “MHSTCI Standards 2011”). 10. The Proponent agrees that all archaeological work conducted for the Project will comply with the MCFN Standards and Guidelines for Archaeology (published April 2, 2018), (hereinafter, “MCFN Standards”) as long as the MCFN Standards do not fall below MHSTCI Standards 2011. The MHSTCI Standards 2011 will be paramount in the event of a direct conflict between MCFN Standards and the MHSTCI Standards 2011. 11. The Proponent shall make best efforts to avoid and protect archaeological sites, artifacts, and/or features. The Parties agree that the preferred option for human remains that may be of Aboriginal ancestry is that they remain where they are found with appropriate protections. 12. If archaeological resources are encountered at any time during construction or other Project-related activity, all excavation or other activity that could disturb the site shall immediately cease, and the Proponent shall immediately notify MCFN’s duly appointed Archaeological Operations Supervisor or designate. The Parties shall work Page 208 of 819 3 collaboratively to minimize impacts and ensure respectful treatment of any archaeological resources in accordance with the practices and values of MCFN as identified by MCFN. 13. If human remains are encountered at any time during construction or other Project-related activity, the following steps shall be taken: a. All excavation or other activity that could disturb the site shall immediately cease, and the area shall be secured in a manner which protects the site location and prevents public access and trespass; and b. In addition to any notifications required under the Funeral, Burial and Cremation Services Act, 2002, SO 2002, C 33, the Proponent shall immediately contact MCFN’s duly appointed Archaeological Operations Supervisor or designate; and c. MCFN shall be permitted to conduct any ceremonies on site in relation to the human remains that may be of Aboriginal ancestry; and d. MCFN shall be consulted about all steps in the investigation and any decisions or agreements to be made regarding human remains that may be of Aboriginal ancestry. 14. Nothing in this Agreement shall be interpreted or implemented so as to derogate or abrogate from any MCFN Aboriginal or Treaty right or claim, or to indicate consent to the Project. D - Method of Payment 15. The Parties agree that the Proponent will pay the capacity funding as agreed to above by cheque or bank transfer and upon receipt of an invoice from MCFN. All invoices will be addressed directly to the Proponent, the Project will be noted in the text of each invoice, and all invoices will be prepared as per MCFN-DOCA’s standard invoicing format. Invoices should be submitted electronically to the following address: Email address: [insert email address here] Attention: [insert name here] [name of the proponent] [phone number of proponent] [full address of proponent] 16. All payment should be made to the MCFN Department of Consultation and Accommodation to the following address. For additional information, please call the office at 905-768-4260. Email address: nicole.laforme-hess@mncfn.ca Attention: MCFN-DOCA Page 209 of 819 4 4065 Highway 6 Hagersville, Ontario N0A 1H0 17. After thirty [30] days, a 5% monthly compounded interest rate will be charged on outstanding invoices. After six [6] months of non-payment, a 20% monthly compounded interest rate will be charged on outstanding invoices. F – Disclaimer 18. The Parties agree that the capacity funding payments for the FLRs will be used only for the purposes described in this Agreement and will not be paid for the improper personal gain of any individual or for any other purpose that might violate any Canadian anti- corruption law. 19. This agreement may be executed in counterparts. 20. This agreement is legally binding on MCFN and the Proponent. This agreement is legally binding on MCFN and the Proponent. This agreement is signed by authorized representatives of the Parties on the date set out in this agreement below. 21. The term of this agreement expires on April 1, 2022. In the event that Project-related activities continue past this termination date, a new agreement will be executed between Parties. [The remainder of this page is intentionally left blank.] Page 210 of 819 5 Signed this ______ day of _________________, 2021, Authorized Signatory on behalf of Authorized Signatory on behalf of The Proponent Mississaugas of the Credit First Nation [printed name of signatory] Mark LaForme [job title] Director [department] Dept. of Consultation and Accommodation [name of the proponent] Mississaugas of the Credit First Nation Witness Witness [printed name of witness] Megan DeVries [job title] Archaeological Operations Supervisor [department] Dept. of Consultation and Accommodation [name of the proponent] Mississaugas of the Credit First Nation Page 211 of 819 6 Schedule A Page 212 of 819 7 Schedule B Approx. Quote for Technical Review (Reference Only) For review of materials and communications associated with Stage 1 AAs. Number Rate Total review hours 4.0 $ 150.00 $ 600.00 contingency (@ 20%) $ 120.00 Total $ 720.00 For review of materials and communications associated with Stage 2 AAs. Number Rate Total review hours 4.0 $ 150.00 $ 600.00 contingency (@ 20%) $ 120.00 Total $ 720.00 For review of materials and communications associated with Stage 3 AAs. Number Rate Total review hours 8.0 $ 150.00 $ 1,200.00 contingency (@ 20%) $ 240.00 Total $ 1,440.00 For review of materials and communications associated with Stage 4 AAs. Number Rate Total review hours 8.0 $ 150.00 $ 1,200.00 contingency (@ 20%) $ 240.00 Total $ 1,440.00 Page 213 of 819 Mississaugas Treaty at Niagara (1781)1781 January 13,2021 February 3,2021 Alex Herlovitch, MCIP, RPP Director of Planning, Building& Development City of Niagara Falls Alex Herlovitch, Notice of Application Southwest Corner of McLeod Road and Alex Avenue (Roll No. 272508000314810) February 5,2021 Page 214 of 819 Page 215 of 819 Page 216 of 819 Page 217 of 819 Road and Alex Avenue (Roll No. 272508000314810) Notice of Application Southwest Corner of McLeod Alex Herlovitch, Alex Herlovitch, MCIP, RPP Director of Planning, Building& Development City of Niagara Falls February 3,2021 January 13,2021 1781 Mississaugas Treaty at Niagara (1781) February 5,2021 Page 218 of 819 Page 219 of 819 Page 220 of 819 Page 221 of 819 1 Field Liaison Representative Participation Agreement between: The Mississaugas of the Credit First Nation and [name of the proponent] A - Background 1. The purpose of this agreement is to provide the Mississaugas of the Credit First Nation (hereinafter, “MCFN”) with capacity assistance to its Field Liaison Representatives (hereinafter, “FLRs”) in connection with all environmental and/or archaeological assessments required for the [name of project] (hereinafter, “the Project”) located at [address], in [town/city], Ontario, owned by [name of the proponent], (hereinafter, “the Proponent”). 2. The Proponent understands that MCFN wishes to send its FLRs to participate in and monitor the assessments associated with the Project, and that the FLRs’ mandate will be to ensure that MCFN’s perspectives and priorities are considered and to enable MCFN to provide timely and meaningful comment on the Project. 3. All archaeological work in connection with any Project in the Territory will be carried out in accordance with the Ontario Heritage Act and its Regulations. The archaeological work will meet or exceed the Ontario Ministry of Heritage, Sport, Tourism, and Culture Industries (hereinafter, “MHSTCI”) standards and guidelines for consultant archaeologists as amended, including the Terms and Conditions for Archaeological Licences, Standards and Guidelines for Consultant Archaeologists (2011) and the Draft Engaging Aboriginal Communities in Archaeology Technical Bulletin (2011), (hereinafter collectively, “MHSTCI Standards 2011”). 4. The Proponent agrees that all archaeological work conducted for the Project will comply with the MCFN Standards and Guidelines for Archaeology (published April 2, 2018), (hereinafter, “MCFN Standards”) as long as the MCFN Standards do not fall below MHSTCI Standards 2011. The MHSTCI Standards 2011 will be paramount in the event of a direct conflict between MCFN Standards and the MHSTCI Standards 2011. 5. Nothing in this Agreement shall be interpreted or implemented so as to derogate or abrogate from any MCFN Aboriginal or Treaty right or claim, or to indicate consent to the Project. Page 222 of 819 2 B – Fees and Cost Structure 6. The Proponent will provide capacity funding for each FLR in the amount of $85.00 per hour for all activities relating to the Project. Activities relating to the Project include, but are not limited to: a. Time spent on site monitoring assessment or predetermined construction-related activities; b. Time spent completing data or artifact processing, identification, analysis, and interpretation activities alongside their consultant(s); c. Actual travel time at the beginning of, during, and/or end of each day; d. Time completing daily notes relating to the Project; e. Time spent on standby at the request of the Proponent or their consultant(s); and f. Time completing mandatory training at the request of the Proponent or their consultant(s). 7. The Proponent will pay a supervisory fee of 3.5%, based on the number of hours charged to the Proponent, to provide MCFN with the capacity to facilitate in-field technical support for the FLRs via the Field Archaeologist. 8. The Proponent will reimburse the FLRs for reasonable mileage and meals in accordance with current Federal Canada Treasury Board guidelines, over and above the hourly rate [see Schedule B]. Mileage rates are determined using the MCFN Department of Consultation and Accommodation as the place of departure. 9. The Proponent will provide capacity funding for each FLR in the amount of $125.00 per hour for any work exceeding eight hours per day and/or forty hours per week. The above noted mileage and meal allowance remains in effect. 10. The Proponent will provide capacity funding for each FLR in the amount of $125.00 per hour for any work occurring on the following holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Indigenous Solidarity Day (June 21), Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. The above noted mileage and meal allowance rates remain in effect. 11. The Proponent agrees that the FLRs will be paid for a minimum of three hours, plus actual travel time, mileage, and meal allowance rates as noted above, on any day when work is cancelled by the Proponent or their consultant(s) while FLRs are en route to the work site or after the FLRs have already arrived. Page 223 of 819 3 12. If its use is deemed necessary by both Parties, the Proponent agrees to reimburse the FLRs for their use of the 407ETR upon receipt of a copy of the bill. This agreement will be provided in writing to MCFN’s Field Coordinator. 13. If deemed reasonable by both Parties, the Proponent agrees to cover the cost of overnight accommodation for FLRs participating in environmental and/or archaeological fieldwork at locations which would otherwise require more than 90 minutes of travel time at both the beginning and end of the work day, as determined using the MCFN Department of Consultation and Accommodation as the place of departure. An additional Incidental Allowance fee is required for any work which requires overnight accommodations, as set out in Schedule B. This agreement will be provided in writing to MCFN’s Field Coordinator. C – Additional Conditions 14. The parties acknowledge that the Project, in whole or in part, takes place within MCFN Territory and agree that the Proponent shall provide capacity funding for FLR participation on the Project for the duration of the Project. 15. The Proponent agrees that two FLRs shall be on location whenever Project-related activities are taking place within its Territory, as set out in Schedule A. 16. Furthermore, additional FLRs are required if the number of field personnel utilized by the consultant exceeds fourteen (14) individuals and the Proponent agrees to provide capacity funding for additional FLRs as required. MCFN requires one additional FLR per five additional field crew, as outlined in the chart below: Number of Field Personnel Number of FLRs Required 1 to 14 2 15 to 19 3 20 to 24 4 25 to 29 5 30 to 34 6 35 to 39 7 40+ 8+ 17. The Parties acknowledge that the FLRs time and travel will be recorded and verified using the ClockShark Time Tracking Software System and that invoicing will be prepared using these records, not those of a third party. Page 224 of 819 4 18. If archaeological resources are encountered at any time during construction or other Project-related activity, all excavation or other activity that could disturb the site shall immediately cease, and the Proponent shall immediately notify MCFN’s Archaeological Operations Supervisor or designate. The Parties shall work collaboratively to minimize impacts and ensure respectful treatment of any archaeological resources in accordance with the practices and values of MCFN as identified by MCFN. 19. If human remains are encountered at any time during construction or other Project-related activity, the following steps shall be taken: a. All excavation or other activity that could disturb the site shall immediately cease, and the area shall be secured in a manner which protects the site location and prevents public access and trespass; and b. In addition to any notifications required under the Funeral, Burial and Cremation Services Act, 2002, SO 2002, C 33, the Proponent shall immediately contact MCFN’s duly appointed Archaeological Operations Supervisor or designate; and c. MCFN shall be permitted to conduct any ceremonies on site in relation to the human remains that may be of Aboriginal ancestry (“Ancestral Remains”); and d. MCFN shall be consulted about all steps in the investigation and any decisions or agreements to be made regarding Ancestral Remains. D - Coordination of the FLRs 20. The Parties agree that the FLRs will follow the reasonable instructions of the Proponent and their consultant firm(s) conducting the environmental and/or archaeological work concerning safety practices, and that the FLRs will attend “tailgate” safety meetings if requested. 21. The contact person for activities relating to the environmental assessment portion of the Project is [name of contact person #1] from [name of consultant]. Contact information for this person is as follows: [insert contact information here] 22. The contact person for activities relating to the archaeological assessment portion of the Project is [name of contact person #2] from [name of consultant]. Contact information for this person is as follows: [insert contact information here] Page 225 of 819 5 23. The Parties agree that the contact person for the consultant firm(s) will coordinate site meeting locations and times through MCFN’s duly appointed Field Coordinator. Contact information for the Field Coordinator is as follows: Joelle Williams Telephone: 905-768-4260 Cell: 905-870-2918 Email: joelle.williams@mncfn.ca E - Status of the FLRs 24. The FLRs selected by MCFN have appropriate qualifications for the work required – for example, training in environmental and/or archaeological monitoring – and experience in bridging Indigenous perspectives with Western approaches, as reasonably determined by MCFN. 25. The Parties agree that the FLRs are not employees, contractors, or sub-contractors of the Proponent or their consultant(s) and that the FLRs will be responsible for their own personal protective equipment, such as hard hats, safety boots, and safety vests, unless specific or otherwise unique personal protective equipment is required, which will therefore be provided or reimbursed by the Proponent. 26. FLRs take direction from MCFN. MCFN pays Workplace Safety and Insurance Board (“WSIB”) contributions in respect of the FLRs and will, at its own expense, maintain for the term of this agreement a comprehensive general liability (“CGL”) policy or policies with a limit of at least $1 million and shall provide the Proponent with evidence of such insurance, upon request. MCFN agrees that FLRs will perform their activities safely, in a good and competent manner, in compliance with all applicable laws, regulations, and guidelines. 27. MCFN expects that the Proponent will comply with the Occupational Health and Safety Act, R.S.O. 1990, C. 0.1, the Ontario Human Rights Code, R. S. O. 1990, c. H.19, and maintain a safe, harassment-free work environment. 28. The Proponent is responsible for negligence or other failure to maintain a safe and harassment-free work environment. To the extent that the Proponent is responsible for negligence or other failure to maintain a safe and harassment-free work environment, the Proponent is liable and shall indemnify MCFN claims or demands related to injury, accident, discrimination, or harassment by the Proponent’s employees, agents, consultants, or other parties under the control or direction of the Proponent. Page 226 of 819 6 F - Method of Payment 29. The Parties agree that the Proponent will pay the capacity funding as agreed to above by cheque or bank transfer and upon receipt of an invoice from MCFN. All invoices will be addressed directly to the Proponent, the Project will be noted in the text of each invoice, and all invoices will be prepared as per MCFN-DOCA’s standard invoicing format. Invoices should be submitted electronically to the following address: Email address: [insert email address here] Attention: [insert name here] [name of the proponent] [phone number of proponent] [full address of proponent] 30. All payment should be made to the MCFN Department of Consultation and Accommodation to the following address. For additional information, please call the office at 905-768-4260. Email address: nicole.laforme-hess@mncfn.ca Attention: MCFN-DOCA 4065 Highway 6 Hagersville, Ontario N0A 1H0 31. After thirty [30] days, a 5% monthly compounded interest rate will be charged on outstanding invoices. After six [6] months of non-payment, a 20% monthly compounded interest rate will be charged on outstanding invoices. G – Disclaimer 32. The Parties agree that the capacity funding payments for the FLRs will be used only for the purposes described in this Agreement and will not be paid for the improper personal gain of any individual or for any other purpose that might violate any Canadian anti- corruption law. 33. This agreement may be executed in counterparts. 34. This agreement is legally binding on MCFN and the Proponent. This agreement is signed by authorized representatives of the Parties on the date set out in this agreement below. Page 227 of 819 7 35. The term of this agreement expires on April 1, 2022. In the event that Project-related activities requiring FLR participation continue past this termination date, a new agreement will be executed between Parties. [The remainder of this page is intentionally left blank.] Page 228 of 819 8 Signed this ______ day of _________________, 2021, Authorized Signatory on behalf of Authorized Signatory on behalf of The Proponent Mississaugas of the Credit First Nation [printed name of signatory] Mark LaForme [job title] Director [department] Dept. of Consultation and Accommodation [name of the proponent] Mississaugas of the Credit First Nation Witness Witness [printed name of witness] Megan DeVries [job title] Archaeological Operations Supervisor [department] Dept. of Consultation and Accommodation [name of the proponent] Mississaugas of the Credit First Nation Page 229 of 819 9 Schedule A Page 230 of 819 10 Schedule B Page 231 of 819 Revised February 27, 2020 Page 232 of 819 MCFN Standards and Guidelines for Archaeology 1 MISSISSAUGAS OF THE CREDIT FIRST NATION STANDARDS AND GUIDELINES FOR ARCHAEOLOGY Direction to archaeologists working on the Treaty Lands and Traditional Territory of the Mississaugas of the Credit First Nation. Prepared by the DEPARTMENT OF CONSULTATION AND ACCOMMODATION MISSISSAUGAS OF THE CREDIT FIRST NATION 2018 Page 233 of 819 MCFN Standards and Guidelines for Archaeology 2 Respect for the Treaty relationship must be expressed through engagement in archaeological assessment and collaboration in the responsible stewardship of archaeological resources and cultural heritage values . Mississaugas of the Credit First Nation (MCFN) are the traditional stewards of the land, waters and resources within the Treaty Lands and Territory. Confirmed under Treaty, this stewardship role extends to cultural and archaeological resources. This Aboriginal and Treaty right must be respected by planners, developers and archaeologists practicing in the Treaty area. Respect for the traditional stewardship role should embrace two precepts: MCFN have the right to be consulted on archaeological practice that affects our cultural patrimony, including the interpretation of archaeological resources and recommendations for the disposition of archaeological artifacts and sites within the Treaty area, and; Archaeological practice must include thoughtful and respectful consideration of how archaeological techniques can be used to reveal not only the data traditionally surfaced by archaeologists, but also culturally important data valued by MCFN. Acting with respect will initiate change within contemporary archaeological assessment practice. However, the direction of this change is already embodied in existing policy direction. Restructu ring the relationship between MCFN and archaeology begins with a renewed emphasis on engagement between MCFN and archaeologists, and compliance with the Standards and Guidelines that direct contemporary archaeological practice. Page 234 of 819 MCFN Standards and Guidelines for Archaeology 3 TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................... 5 1.1 MCFN Standards and Guidelines for Archaeology ........................................ 6 1.2 Territorial Acknowledgement ..................................................................... 7 1.3 An Archaeological Perspective ................................................................... 8 1.4 Policy context ........................................................................................... 9 1.4.1 Ontario Heritage Act ............................................................................ 10 1.4.2 Other legislation .................................................................................. 11 2.0 ENGAGEMENT ...................................................................................... 13 2.1 Engagement in Archaeological Assessment .............................................. 14 2.1.1 Project concept and planning stage...................................................... 14 2.1.2 Project award / Filing a PIF ................................................................... 15 2.1.3 Stage 1 Background study and evaluation of potential ......................... 15 2.1.4 Stage 2 Property Assessment ............................................................... 16 2.1.5 Stage 3 Site-specific assessment ......................................................... 17 2.1.6 Stage 4 Mitigation of development impacts .......................................... 19 2.1.7 Long Term Protection .......................................................................... 20 2.1.8 Report submission and review ............................................................. 20 3.0 COMPLIANCE ....................................................................................... 23 3.1 MHSTCI Standards and Guidelines Stage 1................................................ 23 3.1.1 Section 1.1 .......................................................................................... 23 3.1.2 Section 1.2 .......................................................................................... 24 3.1.3 Section 1.3 Analysis and Recommendations: Evaluating archaeological potential 24 3.1.4 Section 1.4.1 ....................................................................................... 25 3.1.5 Stage 1 reporting ................................................................................. 25 3.2 MTCS Standards and Guidelines Stage 2 ................................................... 25 3.2.1 Section 2.1 .......................................................................................... 26 3.2.2 Section 2.2 .......................................................................................... 26 3.2.3 Stage 2 reporting ................................................................................. 27 3.3 MTCS Standards and Guidelines Stage 3 ................................................... 28 Page 235 of 819 MCFN Standards and Guidelines for Archaeology 4 3.3.1 Section 3.1 Historical documentation ................................................... 29 3.3.2 Section 3.2 .......................................................................................... 29 3.3.3 Section 3.3 .......................................................................................... 30 3.3.4 Section 3.4 .......................................................................................... 31 3.3.5 Section 3.5 .......................................................................................... 32 3.3.6 Stage 3 reporting ................................................................................. 33 3.4 MHSTCI Standards and Guidelines Stage 4................................................ 33 3.4.1 Section 4.1 Avoidance and Protection .................................................. 33 3.4.2 Section 4.2 Excavation ......................................................................... 34 3.4.3 Section 4.3 .......................................................................................... 37 3.4.4 Stage 4 reporting ................................................................................. 38 3.5 Aboriginal Engagement Reporting (Section 7.6.2) ..................................... 38 3.5.1 Supplementary Documentation ............................................................ 39 4.0 ADDITIONAL DIRECTION ......................................................................... 41 4.1 Collections management ......................................................................... 41 4.1.1 Costs ................................................................................................... 41 4.2 Human remains and burials ..................................................................... 43 5.0 GLOSSARY .......................................................................................... 45 6.0 MAP OF THE TREATY LANDS AND TERRITORY ................................................ 47 Page 236 of 819 MCFN Standards and Guidelines for Archaeology 5 1.0 Introduction This document seeks to reinforce a number of important objectives in the emerging relationship between archaeologists and Indigenous peoples worldwide. These objectives can be achieved within the Mississaugas of the Credit First Nation (MCFN) Treaty Lands and Territory when there is a commitment by archaeologists to communicate with the First Nation, support MCFN participation in fieldwork and analysis, and to be open to opportunities for mutual education. Communication, participation and education are all rooted in the principle of respect. There must be respect for the Treaties and the rights and duties that flow from them. Respect for the Mississauga people to determine the value of their archaeological and cultural heritage, and the appropriate treatment of this heritage in archaeological assessment. Respect also extends to the existing legislation, policy, and professional standards governing archaeological practice. Respect will support the necessary growth of all Treaty partners toward a future archaeological practice that is more inclusive and expressive of the interests of the Mississauga people. The MCFN Standards and Guidelines require that there is an ongoing and timely flow of information among everyone participating in archaeological assessment. MCFN expect the Ministry of Heritage, Sport, Tourism, and Culture Industries (MHSTCI), consultant archaeologists, development proponents, and approval authorities to be forthcoming with early notification of new projects, and to maintain open communication as work progresses, becomes stalled or where problems that do or may affect the archaeology arise. As capacity allows, MCFN will provide information, raise or address concerns, and express support for specific practices or recommendations that support our interest in the archaeological site or development property. The Department of Consultation and Accommodation (DOCA) will lead on this engagement, through the work of department staff and Field Liaison Representatives (FLRs). MCFN must be actively engaged in archaeological assessments within the Treaty Lands and Territory area to the extent we determine is necessary. The requirements for engagement are described in the MHSTCI S&Gs, and expanded in this document to better articulate MCFN’s stewardship obligations. FLRs, who are deployed to observe fieldwork, provide cultural advice, and assist with compliance in archaeological assessment, are key partners in engagement. As engagement is a requirement of the S&Gs, DOCA will reserve the option of intervening in report review if consultant archaeologists fail to fully engage MCFN during assessment. There is a widespread belief expressed by consultant archaeologists that First Nation ‘monitors’ should not question the professional judgment of project archaeologists or field directors; however, this belief is based in a misunderstanding of the FLR’s role. The FLR is present to represent MCFN’s stewardship interest in the archaeological resources and cultural heritage values present on a property, and this role cannot be dev olved to an archaeologist on the basis of academic qualification. In the field, stewardship of the archaeological resource is expressed in interaction. FLRs should be invited to participate in some aspects of fieldwork and provided with specific information on the project status, fieldwork strategies and objectives through ongoing interaction and exchange. FLRs may monitor adherence to the quantitative standards set out in MTCS direction and advice on the Page 237 of 819 MCFN Standards and Guidelines for Archaeology 6 qualitative assessment of resources to provide meaningful cultural context for analysis and interpretation. On-site exchanges provide valuable opportunities for learning on diverse topics such as sampling and cultural awareness. To be clear, continuous learning is envisioned for both archaeologists and FLRs. 1.1 MCFN Standards and Guidelines for Archaeology This document sets out the MCFN standards and guidelines for archaeology. The standards provide guidance to consultant archaeologists carrying out archaeological assessments within the MCFN Treaty Lands and Territory. They build on existing direction in the MHSTCI Standards and Guidelines for Consultant Archaeologists (S&Gs), clarifying and expanding areas where the existing direction does not direct archaeologists to t he levels of care required by MCFN as stewards of the resource. While primarily directed at archaeologists, they also include direction for development proponents, and provincial and municipal government agencies as participants in the archaeological assessment process. Frequent reference is made to the MHSTCI S&Gs. The S&Gs should be read together with the guidance in this document to gain a more complete understanding of an archaeologist ’s obligations when practicing on the MCFN Treaty Lands and Territory. These standards provide clarification where the S&Gs are incomplete on issues that archaeologists may encounter in their work, but are of great concern to MCFN. The principal changes include expanded direction on engagement, and a renewed focus on compliance with professional standards. The standards also discuss human remains, intangible values, and sacred and spiritual sites. The MCFN S&Gs introduce the following clarifications: • Human remains – the current MHSTCI S&Gs are silent on treatment of human remains, beyond referring consultants to the Coroners Act, and the Funeral, Burial and Cremation Services Act protocols. MCFN S&Gs introduce clear expectations for the treatment of all remains, including burials and isolated elements. All human remains, regardless of their nature or association with a visible evidence of a burial site, must be treated with the same high level of care. The presence of human remains on a property indicates a high likelihood of burials on the property, even if the traces of the burial have b een obscured. Burials must be treated in the same manner as the legislation requires, but the discovery of any human remains should initiate these actions. FLRs will direct the disposition of remains at each site. • Intangible values – the current S&Gs are silent on intangible values associated with archaeological sites and how they overlap with cultural heritage places. MCFN S&Gs introduce expectations that archaeological landscapes, site context, and intangible values are considered in analysis, reporting, and making recommendations for archaeological resources. This direction applies to all stages of assessment. • Sacred and Spiritual sites – the current S&Gs require engagement to identify sacred, secret, and spiritual sites, and provide for their use in evaluating archaeological potential. The S&Gs also provide for the Page 238 of 819 MCFN Standards and Guidelines for Archaeology 7 protection of these values; however, they are largely silent on how to proceed where these values are identified. As this document describes, engagement is the basis for identifying these valu es, defining the necessary protocols and procedures for analyzing archaeological data to identify sacred or spiritual dimensions to an archaeological site, and for developing appropriate mitigation strategies when sites of cultural importance are identified by FLRs or other band members. One theme of these guidelines is that consultant archaeologists are asked to do more. This is an invitation to move beyond basic compliance to producing value-added outcomes to archaeological assessment work. When the S&Gs are simply viewed as a series of targets to hit in assessment, the potential contribution of any one assessment to increasing our understanding of the archaeology and culture history of the Treaty lands and traditional territory is diminished. This document is organized in three sections which discuss the policy context of archaeological practice, engagement, and compliance with the S&Gs. The section on engagement discusses when and how MCFN, as stewards of the archaeological resource, should be engaged. Currently, the S&Gs identify engagement as largely optional, even at points in the process where archaeologists, proponents or approval authorities are making decisions that may infringe on Aboriginal or Treaty rights. In the guidance provided here, engagement is required at each assessment stage. Engagement is expressed as an active participation by DOCA and FLRs in property evaluations, fieldwork and analysis, and in developing recommendations on the disposition of archaeological resources. Compliance with the S&Gs is overseen by MHSTCI through the review of archaeological assessment reports. Reports that address all relevant standards are deemed compliant. The standards – requirements that consultant archaeologists must follow, are “the basic technical, process and reporting requirements for conducting archaeological fieldwork”. They are the minimum acceptable levels of effort required to recover data and stabilize archaeological resources as they are lost to development pressures. MCFN’s call for better compliance with the existing standards, and the identification of new standards of practice in fieldwork and engagement, will ensure that archaeological assessment is not simply an exercise in hitting regulatory t argets, but actively supports MCFN’s stewardship of the archaeological resource. MCFN is committed to monitoring the implementation experience with these standards, and they will be updated and revised periodically as required. 1.2 Territorial Acknowledgement Archaeological assessment reports for fieldwork within the Mississaugas of the Credit First Nation Treaty Lands and Territory should include a territorial acknowledgement, such as: Page 239 of 819 MCFN Standards and Guidelines for Archaeology 8 The archaeological assessment reported here was undertaken on the Treaty Lands and Territory of the Mississaugas of the Credit.1 Greater detail may be included in the acknowledgement, although the word ing may require approval from MCFN. For example, a statement such as the following extends the acknowledgement to underscore the stewardship role of MNFN on our Treaty Lands and Territory: We acknowledge that the archaeological fieldwork reported here was undertaken within the Treaty Lands and Territory of the Mississaugas of the Credit First Nation. The Mississaugas of the Credit First Nation are the stewards of the lands, waters and resources of their territory, including archaeological resources and cultural heritage values. Recognition of other descendant groups who show a connection to archaeological resources within the Treaty area may also be presented following the MCFN territorial acknowledgment. 1.3 An Archaeological Perspective Anishinabek culture resides in the land and water. It resides in people, stories, songs, memories and traditions. It resides in objects, books, reports and records. Places on the landscape hold cultural knowledge. Culture and heritage resides in, and is expressed by, the interaction of people with the land through their traditional practice. The majority of archaeological sites in Ontario are ‘pre-contact’, meaning that these resources represent traditional Indigenous culture, land use and occupation exclusively. These resources mark places that are, or can be associated with traditional narratives or cultural practices. The narratives or practices may relate to specific locations, more generally to resource use, traditional work, ceremonies and cultural observance, or simply to the basic business of everyday life. Archaeological sites are places where archaeological resources – the material traces of past occupations – are located. But they are also traditional and cultural places. Archaeological resources cannot be separated from the place where they are deposited without severing the intangible connections between culture and the land. Cultural places root contemporary Mississauga culture in the land. As such, they should be viewed as still being ‘in use’ or ‘occupied’. Working to remove the resources from the land is a significant action and must be undertaken with integrity and attention to the actual costs and consequences of this work. Archaeological resources are finite. While it is true that new archaeological sites – the sites of the future – are being created through ongoing human use and occupation of the land, this use overwrites earlier occupations, distorting or destroying them. Ongoing use of a landscape does not restore or renew archaeological sites. Ongoing use of the landscape erases cultural and traditional places where Indigenous culture is embedded. Archaeological practice can also distort or destroy archaeological sites. While the inventory, assessment and excavation of the resource preserve valuable archaeological data for future use and study, it can also be said that 1 Mississaugas of the Credit Treaty Lands and Territory Recognition Statement and Logo Usage Policy, April, 2017. http://mcfn.ca/wp- content/uploads/2017/05/treaty-lands-and-territory-statement-December-2017-a.pdf Page 240 of 819 MCFN Standards and Guidelines for Archaeology 9 archaeological practice creates a new resource that displaces the original cultural an d traditional place. Archaeological resources are the raw material from which sites, artifacts and archaeological narratives are manufactured. Archaeological collections, when combined with documentation of engagement, fieldwork and analysis, represent the resource in an archaeological narrative about the site, how it was identified, excavated and interpreted. But the site is gone, and the collections and documentation provide only an incomplete picture of the cultural values that once existed in that place. Archaeologists must remain aware that the actual resource – archaeological resources in situ, is diminishing and growing smaller with each excavation. One more collection means one less site in the ground. Each new site identified must be considered in this context: it is an increasingly rare thing. In the minds of many experienced archaeologists it may seem that new archaeological insight will be difficult to achieve from more excavation and collection at sites of a certain type. More broadly, however, new, meaningful and important cultural knowledge is available. Cultural knowledge can be obtained by asking new questions of the resource, although it may not be within the archaeologist’s existing skill set to ask – or to answer – these questions at present. Archaeology maintains a tight focus on material remains, and may not venture to address traditional land use or cultural patterns that are not visible in artifacts and features. But cultural and traditional insights are recoverable through alternative techniques and approaches to site investigation. These include community engagement and adopting diverse perspectives on archaeological resources, including seeking understanding of the intangible values of a place, and the consideration of sites in their wider landscape context. These insights cannot be gained by simply tacking Indigenous knowledge and narratives onto archaeological sites after the archaeological work is complete. Indigenous perspectives must be integrated into assessment and research designs from the outset. Recognizing and holding space for MCFN’s stewardship role in archaeological assessment is a critical first step in the work of reconciling the archaeologist’s and the Anishinaabe perspectives on archaeology . 1.4 Policy context The protection and conservation of archaeological resources is enacted through a range of law and policy in Ontario. Principal among these is the Ontario Heritage Act, which regulates archaeological practice and archaeological resource protection. Additional protection is provided under a range of other legislation and policy that governs specific areas of development planning, such as the Planning Act and the Environmental Assessment Act. Archaeology law is primarily directed to the material aspects of archaeology, such as archaeological sites and artifacts. Guided by applicable statute and policy, the assessment, protection and excavation of archaeological sites impact real property, and generate collections of material objects that are held, in trust, for future generations of scholars and citizens. However, when viewed as property, archaeological site protection can reduce the nature, contents and meaning of archaeological sites to the material remains alone. To many descendant groups Page 241 of 819 MCFN Standards and Guidelines for Archaeology 10 archaeological and cultural heritage sites contain much more than material resources, including traditional, cultural, sacred, and spiritual values that are difficult, if not impossible to capture using standard archaeological techniques. In this way, statute and policy governing interaction with archaeological resources are deficient to the extent that they do not recognize and protect the full array of cultural heritage values that reside in the sites, artifacts, and places that mark past occupation of the land. It is notable that there is no comparable statute or policy – apart from policy direction concerning human remains, that addresses Indigenous interests in archaeological resources and cultural heritage values. 1.4.1 Ontario Heritage Act Under the Ontario Heritage Act, archaeological resources are all of the material traces of past human occupation or use of a place, while archaeological sites and artifacts are a subset of these resources, specifically those which hold cultural heritage value or interest (CHVI). Criteria for determining CHVI of archaeological resources are presented in the Standards and Guidelines for Consulting Archaeologists (S&Gs). The Ontario Heritage Act (OHA)2 defines and sets out the measures required conserving the heritage resources of Ontario. Archaeological practice and access to archaeological resources is regulated under the terms of the Act, regulations to the Act, terms and conditions of licensing, and standards and guidelines developed by MHSTCI. Achieving the conservation objectives of the Act is a shared responsibility between the ministry and other regulatory agencies. Archaeological practice is regulated directly by MHSTCI, while regulatory review of development proposals by other agencies to ‘trigger’ archaeological assessments is directed by policy created under the authority of other statue, such as the Environmental Assessment Act, Planning Act, and Aggregates Resources Act, among others. The conservation of resources of archaeological value3 is described in Part VI (Sections 47 to 66) of the Act, and concerns two categories of activity: archaeological practice, and archaeological site alteration. The OHA views these two categories as linked: a licence is required to alter a site, and alteration without a license is a violation of the Act. Thus, the regulatory mechanism for achieving archaeological resource conservation is through the regulation of practice. Preparing and submitting reports of archaeological fieldwork is a key condition of licensing. Apart from the preservation of artifacts, the primary public benefit arising from archaeology is the creation of archaeological reports and data. Section 65.1(1) of the Act stipulates that reports prepared under license are entered into the Ontario Public Register of Archaeological Reports (the Register). In Section 66, the Act states that the minister may 2 RSO 1990, c. O18 3 Resources of archaeological value are described in Regulations to the Act. However, Part VI defines “property” as “real property, but does not include buildings or structures other than ruins, burial mounds, petroglyphs and earthworks” (R.S.O. 1990, c. O.18, s. 47.). In this definition two site types which include intangible cultural value, (petroglyphs [a representational form created using an arrangement of stones on the ground] and burial mounds), are identified as archaeological sites. Page 242 of 819 MCFN Standards and Guidelines for Archaeology 11 direct archaeological collections to a public institution, “held in trust for the people of Ontario”. While the Act identifies the province as stewards of the archaeological resource, it is silent on the question of ownership. Archaeological resources are generally considered objects that can be transported (easil y) from one location to another. The resource is not directly defined in the text of the Act ; however, in Section 47 a distinction is drawn between types of heritage property, real properties exclusive of “buildings or structures other than ruins, burial mounds, petroglyphs and earthworks”. Since structures and buildings are the concern of Part IV and V of the Act, ruins, burial mounds, petroglyphs and earthworks remain behind as archaeological resources. Ontario Regulation 170/04 defines an archaeological site as “any property that contains an artifact or any other physical evidence of past human use or activity that is of cultural heritage value or interest”. Artifacts are defined as “any object, material or substance that is made, modified, used, deposited or affected by human action and is of cultural heritage value or interest” (O. Reg. 170/04, s. 1). The inclusion of burial mounds and petroglyphs as archaeological sites signals that the boundaries between archaeology and cultural, sacred or spiritual places are less distinct than the Act presents. For this reason, this document refers to both archaeological resources and cultural heritage values, which includes all of the material and intangible values present at archaeological sites and other places of cultural significance. 1.4.2 Other legislation Human remains are to be expected in a range of archaeological contexts, including habitation sites and as isolated graves. Laws pertaining to human remains include the Coroners Act,4 the Funeral, Burial and Cremation Services Act,5 and the Ontario Heritage Act. Buried human remains are within the jurisdiction of the Registrar of Cemeteries, authorized under the Funeral, Burial and Cremation Services Act. By locating concern for human remains outside of the Ontario Heritage Act the law acknowledges that human remains are not archaeological resources and require special treatment and handling upon discovery. The Funeral, Burial and Cremation Services Act requires any person who uncovers a burial containing human remains to immediately stop work and contact the appropriate authorities, such as the police or Coroner. The Coroner, authorized under the Coroners Act, will determine whether the person whose remains were discovered died under any of the circumstances set out in Section 10 of the Coroners Act. If the remains or burial is determined to be of no forensic interest, control of the process returns to the Registrar o f Cemeteries, who then determines the origin of the burial site, and declares the site to be an aboriginal people’s burial ground, a burial ground, or an irregular burial site.6 Upon making the declaration, a site disposition agreement is negotiated among representatives of the landowner and the deceased. MCFN, as stewards of the archaeological resources and cultural heritage values of the Treaty area, would be party to the disposition agreement as a representative of 4 R.S.O. 1990, c. C.37 5 S.O. 2002, Chapter 33 6 S.O. 2002, Chapter 33, c. 34 Page 243 of 819 MCFN Standards and Guidelines for Archaeology 12 the deceased. Disinterment of human remains under the terms of a site disposition agreement must be completed by a licensed archaeologist. Development planning is addressed in a number of provincial laws. The Planning Act 7 directs the development of land by ensuring, among other things, that land use planning is led by provincial policy, and that matters of provincial interest are considered in planning. The Act directs that planning will be conducted with “regard to, among other things… the conservation of features of significant architectura l, cultural, historical, archaeological or scientific interest” (Section 2(d)). Cultural, historical and archaeological features extend the range of elements that approval authorities and developers must have regard to, including a range of cultural h eritage values of interest to MCFN. The Act also empowers local authorities to make by-laws prohibiting development on properties containing significant archaeological resources (Section 34), allowing for avoidance and long term protection. The Planning Act seeks to ensure that ‘various interests’ are considered in planning, and devolves the responsibility for planning decisions to accountable municipal authorities, although the overall authority of the Minister remains intact. Under regulations to the Planning Act, a complete application for subdivision must include information on the archaeological potential of the property, and a determination of whether any restrictions on development related to archaeological resources exist. Where development is permitted, properties with archaeological potential also require a completed archaeological assessment, and a conservation plan for any archaeological resources identified in the assessment (O.Reg. 544/06, Sched. 1). Generally, a draft plan is initially submitted, and archaeological assessment is completed prior to final plan submission. The timing of the archaeological work is not defined in the Act or Regulation, nor is the excavation and removal of the site from the property part of this direction. It is reasonable to assume that the evaluation of archaeological potential, archaeological assessment, and decisions concerning the disposition of archaeological resources on a development pro perty should actively involve MCFN. The Environmental Assessment Act (R.S.O. 1990 Chapter E.18) provides for the wise management of the environment in Ontario. It is the principle legislative process for major development that does not primarily involve the subdivision of land or extraction of a specific resource. Under the Act, t he environment includes the social environment, including “social, economic and cultural conditions ”, and “any building, structure, machine or other device or thing made by humans” (R.S.O. 1990 Chapter E.18, s. 1(1)). Class environmental assessments may be declared where development of a number of projects are planned or anticipated, and where the planning and anticipated effects are generally similar. Each environmental assessment or project under a class environmental assessment must address terms and conditions to approval, which include requirements to complete an archaeological assessment, and identify conservation measures for any archaeological resources identified within the project area. The Act also requires that the proponent consult “with such persons as may be interested” in the undertaking when preparing the Terms of Reference. 7 R.S.O. 1990, c. P.13 Page 244 of 819 MCFN Standards and Guidelines for Archaeology 13 2.0 Engagement The MCFN Consultation and Accommodation Protocol 8 sets out expectations for engagement in archaeological assessment. The Protocol describes the MCFN stewardship of archaeological resources and cultural heritage values, and unequivocally asserts “that our Aboriginal and Treaty rights fundamentally entitle us to preserve our culture and heritage”. The Protocol further clarifies that DOCA is the body that l eads all engagement, and that “MCFN expects to be engaged with the Crown and/or Proponents early in the project development and assessment process”. The Protocol also states that “MCFN is the only party who shall determine whether there are impacts on out Aboriginal or Treaty rights”. The last point is especially important in relation to evaluating archaeological potential, determining cultural heritage value or interest, and formulating Stage 4 mitigation strategies. Neither licensing nor the technical work of archaeological assessment grants to a consultant archaeologist the privilege of speaking on behalf of the First Nation regarding actual or potential development impacts to archaeological or cultural resources. Engagement is the key to successful archaeological assessment. For archaeological assessment projects on the Treaty Lands and Territory, early and ongoing engagement is expected. Engagement is necessary at all stages of archaeological assessment, and extends to the period before and after an assessment is formally constituted. The requirement to engage is not limited to the consultant archaeologist, but includes approval authorities, proponents and others who may make decisions that hold the potential to infringe on the Aboriginal or Treaty rights of MCFN. Engagement in archaeological assessment may be viewed as an aspect of consultation, but does not relieve the Crown of its duty to consult and accommodate MCFN on the development project. In conformance with the MHSTCI Bulletin, Engaging Aboriginal Communities in Archaeology, MCFN will determine the form for engagement. Positive, collaborative engagement is more than a data exchange or transfer of information from MCFN to the archaeologist. Rather, it is a means of developing relations of trust among all parties to the development project that continue throughout the span of an assessment, and may carry over into subsequent projects. In this document, engagement requirements exceed the standards described in the MHSTCI S&Gs. Some consultant archaeologists may wish to engage only at Stage 3, as required by the S&Gs; however, as set out in the following section, engagement is a cumulative process and allowing engagement responsibilities to accumulate until Stage 3 may lead to unanticipated delays in project timelines. Late engagement may oblige DOCA to schedule extra time to review earlier fieldwork results and recommendations to ensure that MCFN stewardship concerns have been addressed before moving to engagement on Stage 3 questions. The S&Gs require that the engagement process and outcomes must be summarized in an Aboriginal engagement report, a required part of each assessment report. These reports may be audited by DOCA to ensure that they 8 Department of Consultation and Accommodation. n.d. Consultation and Accommodation Protocol. Mississaugas of the Credit First Nation, Hagersville. Page 245 of 819 MCFN Standards and Guidelines for Archaeology 14 conform to DOCA’s records of engagement. Serious shortcom ings in engagement or inaccuracies in the Aboriginal engagement report may be referred to MHSTCI with a request that the report be flagged for detailed review or revision. 2.1 Engagement in Archaeological Assessment Archaeological assessment proceeds from the review of the original development proposal, through to the final decisions on the mitigation of development impacts and the long term curation of collections. Engagement will ensure that important cultural considerations are incorporated into fieldwork and analysis, and the recommendations that are offered for development properties and archaeological sites. The format of this section follows the general sequence of actions undertaken for a typical development project, including the four formal stages of archaeological assessment. The timing and nature of engagement through this sequence is highlighted and discussed. Note that MCFN expect engagement throughout this planning and assessment process. 2.1.1 Project concept and planning stage This task primarily involves the proponent and the approval authority. Most land-use planning and development processes in Ontario identify the conservation of archaeological resources as a provincial interest. A completed archaeological assessment, including a compl iance review by MHSTCI, is a common condition of project approval and is rarely a ‘late addition’ to the list of required studies. Since archaeological assessment can be anticipated as a requirement of approval, DOCA notification should be an essential and automatic early phase activity for approval authorities and proponents. Proponents should engage with DOCA to introduce the project, and identify the proposed schedule for background studies, archaeological assessment, site preparation and their anticipated start of construction. DOCA review of the project concept will allow approval authorities and development proponent’s time to evaluate the anticipated impacts of the project relative to Aboriginal and Treaty rights. Project redesign, where necessary, w ill also be simpler at this early stage. Notification to DOCA should, at a minimum, include basic information on the proposed development, including the type of development and the associated regulatory process, project location, proponent identity and contact information, and any key milestones in the project plan. Early and ongoing contact with DOCA will aid in building positive working relationships that will benefit the proponent going forward. Approval authorities can facilitate positive engagement by including DOCA notification as standard practice, and advising proponents to communicate with DOCA early in the process. Of equal importance, the MHSTCI S&Gs reference the MHSTCI “Criteria for Evaluating Archaeological Potential” checklist, which was developed for non-specialists such as approval authority staff. A completed checklist is meant to provide planners with a basic tool for evaluating archaeological potential of a development property. The checklist includes a number of considerations that cannot be addressed using only cartographic information, Page 246 of 819 MCFN Standards and Guidelines for Archaeology 15 registered archaeological site data or knowledge of local history. Approval authority staff responsible for completing the checklist must engage DOCA for input concerning points 5, 6, 7, 9 and 11 of the checklist, at a minimum, to ensure that the checklist is completed comprehensively. 2.1.2 Project award / Filing a PIF This task primarily involves the consultant archaeologist and MHSTCI. Project Information Forms (PIF) is required by MHSTCI to track archaeological fieldwork. A PIF must be submitted at least 5 days, but no more than 15 business days before the start of fieldwork, as stated on the form. All PIFs are processed, and a file number assigned, within 5 business days of receipt. Filing a PIF with the ministry is a term and condition of licensing. The PIF file number is used by the ministry to track archaeological fieldwork, and sets the dates for report submission. A completed PIF includes the project location, and identifies the approval authority and proponent. The S&Gs note that the PIF must be received by the ministry, and a PIF number assigned before fieldwork begins (S&Gs 7.1, s.1). At the time that a PIF is submitted, notice should also be made to DOCA, providing the information contained in the PIF application, including the proposed start date for fieldwork, location of the subject property, and the name and contact information of the proponent and approval authority staff. This information will allow DOCA to open a file on the project, and assist in managing engagement, workflow and FLR deployment. DOCA will work toward an agreement with MHSTCI to ensure that accurate PIF information for archaeological assessment projects proposed for the Treaty area is transmitted to DOCA in a timely manner. DOCA may advise MHSTCI of PIFs that have or appear to have been incorrectly filed in advance of the 15 day window, or where engagement has not been initiated by a licensee. DOCA staff will determine whether the potential impact of the proposed dev elopment will be high or low. For low impact projects, information sharing may be sufficient. For high impact projects, high impact undertakings, DOCA work directly with the proponent to determine the requirement for FLRs during the fieldwork portion of th e archaeological assessment, and identify accommodation requirements to protect Aboriginal and Treaty rights relating to archaeological resources and cultural heritage values. 2.1.3 Stage 1 Background study and evaluation of potential This task primarily involves the consultant archaeologist and the proponent. Engagement at Stage 1 is required. The guidelines (Section 1.1, guideline 1, bullet 3, and Section 1.4.1, guideline 1), should be treated as standards for the purposes of Stage 1 assessment within MCFN Treaty Lands and Territory. The basis for this is the requirement for engagement at Stage 3, as described in Section 3.4, s. 2 of the S&Gs, which states: Page 247 of 819 MCFN Standards and Guidelines for Archaeology 16 Aboriginal communities must be engaged when assessing the cultural heritage value or interest of an Aboriginal archaeological site that is known or appears to have sacred or spiritual importance, or is associated with traditional land uses or geographic features of cultural heritage interest, or is the subject of Aboriginal oral histories. This will have been determined through background research in Stage 1, detailed documentary research on the land use and occupation history early in Stage 3, and/or analysis of artifacts and other information recovered through archaeological field work. In this standard, information on a range of traditional and cultural concerns is identified as the basis for decision - making, and this information is noted as having “…been determined through background research in Stage 1”. MCFN is the only party who can determine if a property holds cultural heritage value or interest based on the criteria expressed in the standard. The Stage 3 standard refers to actions taken and information gathered during Stage 1. From this, it is clear that the process of evaluating the CHVI of an archaeological site is an ongoing process that begins in Stage 1. This process must actively engage MCFN participation. For properties with archaeological potential, Stage 2 property assessment is required (Section 1.3, s. 1). In some cases, the consultant may recommend reducing the Stage 2 fieldwork requirements based on the evaluation of low potential on parts of the development property (Section 1.4.1, guideline 1). A guideline to this section recommends engagement “to ensure that there are no unaddressed Aboriginal cultural heritage interests”, which would necessarily require engagement. The results of engagement may also lead to the expansion of the area of Stage 2 fieldwork. The MHSTCI Aboriginal Engagement Bulletin suggests that one method of addressing community interest in a development property is to “extend a Stage 2 survey to include lands that have been identified as of interest to the Aboriginal community, even though those lands may have low potential ”.9 For this to happen, engagement must be undertaken, and a clear understanding of the nature of the interest, and appropriate techniques to address them must be achieved prior to fieldwork. A copy of the Stage 1 assessment report, including the Aboriginal engagement report, must be provided to DOCA at the time it is submitted to MHSTCI for review. DOCA may review the report for accuracy, and transmit the result of this review to MHSTCI. 2.1.4 Stage 2 Property Assessment This task primarily involves the consultant archaeologist and proponent. Stage 2 is directed towards identifying all of the archaeological resources present on the development property. Engagement at Stage 2 includes the participation of FLRs in fieldwork. DOCA, and FLRs funded by the proponent, will work with the consultant archaeologist to represent MCFN’s stewardship interest, to support compliance with the S&Gs Section 2.1, and to provide advice and information on cultural heritage values. 9 MHSTCI. 2011. Engaging Aboriginal Communities in Archaeology: A draft technical Bulletin for consultant archaeologists in Ontario. Ministry of Tourism and Culture, Toronto. Page 248 of 819 MCFN Standards and Guidelines for Archaeology 17 Engagement must include providing a daily briefing to FLRs (‘tailgate talk’) outlining the work schedule for the day in the context of the overall assessment, and a summary review at the end of each work day. Allowance for FLRs to record finds, unusual or diagnostic artifacts, and related information should be made throughout the workday. Information sharing builds relations of trust, and demonstrates respect for the FLR’s role in the assessment. For sites with human remains (Section 2.2, s. 2(e)), engagement will be a required part of the on-site interaction with the FLRs. FLRs will provide direction regarding the handling and disposition of the remains. In Section 2.2, the S&Gs recommend that consultant archaeologists engage on two questions: if the Aboriginal interest in archaeological resources found during Stage 2 is correctly determined and if there are no other Aboriginal archaeological interests in the subject property. The engagement described in Section 2.2, guideline 1 of the S&Gs must be treated as a standard. DOCA must be engaged regarding the analysis of the Stage 2 fieldwork results. It is also important to remember that the fieldwork and analysis at Stage 2 leads to the separation of ‘artifacts’ and ‘archaeological sites’ from among the archaeological resources identified on the subject property. Stage 3 assessment is only required for sites holding CHVI, and all other resources may be considered sufficiently assessed and documented. It is important that at MCFN interests are addressed before making final decisions concerning the CHVI of archaeological resources. DOCA must be engaged when determining Stage 3 requirements for archaeological resources identified in Stage 2 fieldwork. Section 2.2, guideline 1 must be treated as a standard within the Treaty Area. The guideline states, in part, that “the consultant archaeologist may engage … Aboriginal communities to determine their interest (general or site specific) in the … archaeological resources found during Stage 2 and to ensure there are no unaddressed … archaeological interests connected with the land surveyed or sites identified”. Engagement when determining CHVI and the requirement for further assessment at Stage 3 will ensure that the results of the assessment and the observations of the FLRs correctly reflect MCFN’s role in archaeological resource stewardship. Generally, the quantitative targets found in Section 2.2, s. 1 do not override MCFN interests regarding resources. The outcome of Stage 2 property assessment includes the identification of all archaeological resources on the subject lands and a preliminary determination of CHVI for some archaeological sites. Reports, which should detail the basis for the conclusions and recommendations, must be provided to DOCA for review and comment. DOCA may choose to review the report, and it may be necessary to revise reports based on the review. The results of the DOCA review may also be transmitted to MHSTCI. 2.1.5 Stage 3 Site-specific assessment Stage 3 involves the consultant archaeologist and proponent. Page 249 of 819 MCFN Standards and Guidelines for Archaeology 18 Stage 3 site-specific assessment establishes the size and complexity, and CHVI of archaeological sites identified at Stage 2. The Stage 3 report includes detailed recommendations for Stage 4 mitigation of development impacts. The S&Gs require engagement at Stage 3. Specifically, the historical documentation research required in Section 3.1, s. 1(a), 1(b) and 1(e), cannot be completed without engagement. MCFN is the only party who can determine whether an archaeological site is sacred to the Nation, and must be engaged. The limitation to engagement included in the text of the standard (research sources “when available”), should be viewed as direction to engage DOCA to confirm the availability of the information necessary to comply with Section 3.1, s. 1(b) and 1(e). Note that engagement is in addition to diligent archival, historical and online research by the consultant archaeologist. For compliance with Section 3.4, including the application of the criteria and indicators listed in Table 3.2, engagement is required. Note that Section 3.4, s. 1(a), concerning human remains, engagement in the field at the time of discovery is required through the FLRs on-site. Section 3.4, s. 2 requires engagement in the analysis of archaeological sites, and indicates that this engagement must be the culmination of an ongoing practice between the consultant archaeologist and DOCA. Engagement throughout Stage 3 is required, and consultant archaeologists entering into a Stage 3 assessment must engage DOCA for the subject lands overall. Preferably, this engagement starts at Stage 1. Engagement at Stage 3 also includes the participation of FLRs in fieldwork. DOCA, and FLRs funded by the proponent will work with the consulta nt archaeologist to represent MCFN’s stewardship interest, to support compliance with the S&Gs Sections 3.2 and 3.3, and to provide advice and information on cultural heritage values. Engagement must include providing a daily briefing to FLRs (‘tailgate talk’) outlining the day’s work objectives, progress of the assignment, and a review at the end of each work day. Allowance for recording finds, features, unusual or diagnostic artifacts, and related information should be made throughout the work day. Information sharing builds relations of trust, and demonstrates respect for the FLR’s role in the assessment. Determining Stage 3 strategies based on direction found in Section 3.3 requires engagement with FLRs who will observe and report on compliance with the technical standards and the agreed strategy. In suppo rt of this, it is expected that the consultant archaeologists will review the Stage 2 data, and the rationale for the site being assigned to a particular Table 3.1 category with the FLRs. It is not appropriate to assume that DOCA or individual FLRs have reviewed earlier reports, or additional unreported facts that may be available to the consultant. MCFN asserts an interest in the disposition of all archaeological sites on the Treaty Lands and Territory. Determining whether an archaeological site requires Stage 4 mitigation, and the form this mitigation will take has significant consequences for archaeological resources and cultural heritage values. For this reason, DOCA must be actively engaged in the deliberations leading to Stage 3 recommendations. Section 3.5, s. 1 sets out the requirements for engagement when formulating Stage 4 mitigation strategies. Section 3.5, s. 1(f) requires engagement for all “sites previously identified as being of interest to an Aboriginal community”. MCFN have asserted the Aboriginal and Treaty right of stewardship of all archaeological resources and cultural Page 250 of 819 MCFN Standards and Guidelines for Archaeology 19 heritage values on the Treaty Lands and Territory of MCFN, whether or not these sites are known prior to assessment. This requirement is not limited by Section 3.5, guideline 1 which suggests that engagement in planning Stage 4 mitigation strategies is discretionary. Engagement is required in developing all Stage 3 recommendations, including recommendations that a site is considered completely documented at the end of Stage 3. The preamble to Section 3.5 notes that: The avoidance and protection of sites is always the preferred approach to the Stage 4 mitigation of impacts to archaeological sites. Where Stage 4 is recommended, the consultant archaeologist will need to review the viability of Stage 4 protection options with the client. While this text is not a standard under the S&Gs, it is important to note that these discussions hold the potential to infringe on the asserted Aboriginal and Treaty right of MCFN to act as stewards of the archaeological resources of the traditional and Treaty area. Therefore, DOCA must be provided the opportunity to participate in these discussions to ensure that the evaluation of the opportunities for site avoidance and protection were evaluated correctly, and to clarify the Stage 4 requirements alternatives. Where it is deemed necessary, the approval authority or relevant Crown agency should also be included in these discussions. The outcomes of Stage 3 site-specific assessment include a determination of CHVI for all archaeological sites on the subject lands, and detailed recommendations for Stage 4 mitigation of development impacts, or that the site is fully documented and no further work is required (Section 7.9.4). Note that MCFN is the only party who can determine whether an archaeological site holds cultural heritage value beyond the archaeological value determined through Stage 3 assessment, and this recommendation must be subject to engagement. Reports, including the analysis and supporting data leading to the conclusions and recommendations, must be provided to DOCA for review. DOCA may choose to review the report, and it may be necessary to revise reports based on the review. 2.1.6 Stage 4 Mitigation of development impacts Stage 4 involves the consultant archaeologist, proponent and the approval authority. Stage 4 mitigation of development impacts may include either avoidance and protection (Section 4.1), or excavation and documentation (Section 4.2) of the archaeological site. In some cases a combination of avoidance and excavation (partial long term protection) is possible (Section 4.1.6). During fieldwork, FLRs should be briefed daily on the work schedule for the day and overall progress of the assessment relative to expectations. A daily summary review at the end of each work day should be provided as well. Field directors should also advise FLRs when significant changes in fieldwork strategies are impending (such as decisions to begin mechanical topsoil stripping of a site) with as much lead time as possible. FLR work recording finds, features, and related information should be supported. Page 251 of 819 MCFN Standards and Guidelines for Archaeology 20 In avoidance and protection, FLRs will attend fieldwork for setting buffers and monitoring activity near the sites as required ensuring compliance with the S&Gs and site specific agreements. In Stage 4 excavation, engagement includes the work of FLRs who will observe and report on compliance with the technical standards found in Section 4.2 during fieldwork, and any additional requirements set out in the Stage 4 recommendations. This includes specific recommendations regarding undisturbed archaeological sites (Section 4.2.9), and rare archaeological sites (Section 4.2.10). If it was not completed at Stage 3, FLRs will advise on the necessary requirements for determining the extent of excavation. FLRs will also advise on specific practices, such as handling human remains and managing artifacts in back dirt when mechanical site stripping is employed. The S&Gs state that the outcome of Stage 4 avoidance and protection, or excavation and documentation is a final report including a detailed account of the fieldwork, artifacts and features recovered and analyzed and a statement that the archaeological site “has no further cultural heritage value or int erest” (Section 7.11.4, s. 1). It is necessary to stress that MCFN is the only party who can determine whether an archaeological site holds cultural heritage value beyond the archaeological value addressed through Stage 4 excavation. Stage 4 excavation reports must be provided to DOCA at the time it is submitted to MHSTCI for review. Based on FLR reports or other factors, DOCA may choose to review the report for accuracy or to determine if remaining cultural heritage value is correctly identified in the recommendations to the report. Where necessary, DOCA may request that the report is revised, or communicate directly with MHSTCI and the approval authority regarding a continued interest in the property or site. 2.1.7 Long Term Protection MCFN stewardship of archaeological resources and cultural heritage values does not end with at the conclusion of the archaeological assessment. DOCA must be engaged at Stage 4 for planning and fieldwork relating to avoidance and protection. Providing the option of participating in planning long term protection strategies, will ensure that these strategies meet MCFN’s stewardship obligations and cultural expectations for the treatment of the site. This concern must be included in the long-term protection agreement / mechanis m formulated under Section 4.1.4. The agreement mechanism should address access to the site for cultural purposes, and require DOCA engagement in the future whenever changes to the agreement or removal of archaeological restrictions are considered in the future. 2.1.8 Report submission and review This task involves the consultant archaeologist, MHSTCI and approval authorities. Reports are required for each stage of archaeological fieldwork, although Stages 1 to 3 may be combined in a single report. Archaeological assessment reports are due 12 months from the date that the PIF number was assigned. For Stage 4 reports, the report are due 18 months from the date of the PIF number was assigned. Each report submitted is screened for completeness before being accepted for review. This screening required up to 10 business days to complete, and is included within the 12 or 18 month submission period. Incomplete reports are Page 252 of 819 MCFN Standards and Guidelines for Archaeology 21 returned to allow the missing information to be included. MHSTCI customer service standards allow up to 60 business days for report review. Reports that have been revised and resubmitted are reviewed within 15 days. In some circumstances, a consultant archaeologist may request expedited review of specific reports on th e basis of external time pressures. Where a report is submitted and an expedited review granted, the timeline for screening is 5 business days, and review is within 20 business days of clearing screening. The ministry does not commit to reviewing all reports received. Once report packages are screened for completeness, reports are considered ‘filed’ with the ministry. These reports are then either entered into the Register directly, or sent for technical review by an Archaeology Review Officer (ARO). Report review triage is based on the perceived risks that may arise to the archaeological resource by deferring review. Where higher risks of adverse impact exist, the ministry undertakes a full technical review. Filed reports may also be subject to technical review at a later date, if required.10 Regardless of review status, “mandatory standards for Aboriginal engagement remain unchanged, and [remains]… subject to ministry review. This review includes a look at whether community feedback was considered when engagement informs the development of a mitigation strategy” [emphasis added].11 Based on the foregoing, archaeological assessment reports may be submitted and MHSTCI reviews completed more than a year after the completion of fieldwork. In cases where consultant archaeologists do not engage FLRs during fieldwork, and fail to provide information on fieldwork and copies of their reports to DOCA, this del ay creates an infringement on MCFN’s stewardship of the archaeological resources within the Treaty Lands and Territory by limiting our ability to participate in the disposition of archaeological resources. While engagement is not a requirement of report submission and review, it is important that MHSTCI and consultant archaeologists recognize their obligation to provide this information to MCFN, through DOCA in a timely manner. It is also important that approval authorities recognize that final decisions regarding land dispositions may fall short of the Crown’s duty to consult and accommodate when the submission and review process is used to conceal information about the assessment from the First Nation. Further, DOCA reserves the right to intercede in ministry review where DOCA believes it holds information of value to the review. This information will be communicated to MHSTCI at DOCA’s discretion. This is most likely to occur where DOCA believe that critical aspects of fieldwork were non-compliant with the S&Gs, where the report does not adequately reflect MCFNs stewardship objectives, or that engagement with DOCA was inadequate or misrepresented in the report. In particular, the Aboriginal Engagement Report, required in Section 7.6.2, may be reviewed to ensure that is accurately represents the engagement completed and any agreed outcomes. 10 Additional detail is available on the MTCS website: http://www.mtc.gov.on.ca/en/archaeology/archaeology_report_requir.shtml#developmentproponents 11 http://www.mtc.gov.on.ca/en/archaeology/archaeology_report_requir.shtml#addresses Page 253 of 819 MCFN Standards and Guidelines for Archaeology 22 Table 1, below, summarizes when, who and how engagement should occur in a typical archaeological assessment. Timing Engagement by Form of engagement Draft plan review Approval authority Proponent Information sharing Engage DOCA when applying the Criteria for Evaluating Archaeological Potential Advise DOCA of development application and project details Agreement on FLR participation in assessment PIF Consultant archaeologist MHSTCI Information sharing Engage DOCA to advise on award of contact, identification of regulatory trigger, project location, proponent information, scheduled dates for fieldwork Stage 1 Consultant archaeologist Proponent Information sharing Engage DOCA on background study (Section 1.1, g. 1, bullet 3; Sec. 1.3.1, bullets 5 – 8; Sec. 1.4.1, g. 1) FLRs may attend Stage 1 property inspection Stage 2 Consultant archaeologist Proponent Facilitate FLR engagement and field review of S&G compliance, cultural inputs. Engage DOCA in review of analysis leading to proposed recommendations (Sec. 2.2, s. 1(b)(e); Section 2.2, g. 1) Stage 3 Consultant archaeologist Proponent Approval Authority Engage DOCA on historical documentation (Sec. 3.1, s. 1(a), 1(b) and 1(e)) Facilitate FLR engagement and field review of compliance with standards in Sections 3.2 and 3.3 Engage DOCA on Section 3.3 decisions, and analysis (Sec. 3.4, s. 1(a), s. 2, and Sec. 3.4.1, g. 1) Engage DOCA on application of criteria and indicators in Section 3.4.3, Table 3.2 Work with DOCA when formulating Stage 4 strategies (Sec. 3.5, s. 1(f), g. 1) Include DOCA in the Section 3.5 “viability review” of Stage 4 avoidance and protection options with proponent Stage 4 Consultant archaeologist Approval Authority Proponent Facilitate FLR engagement and field review of compliance with standards Engage DOCA on long term protection strategies, protection and cultural access considerations Report review MHSTCI DOCA may advise MHSTCI of any concerns with fieldwork, engagement, reporting or recommendations DOCA may advise MHSTCI of concerns with Aboriginal engagement report. Page 254 of 819 MCFN Standards and Guidelines for Archaeology 23 3.0 Compliance Stewardship of archaeological resources and cultural heritage values within the Treaty Lands and Territory includes support for the technical guidance provided in the S&Gs. In this section, existing direction in the S&G s is presented in relation to MCFN’s archaeological resource stewardship objectives. In most cases, the direction is for compliance with existing standards. In others, additional detail or new direction is offered where increased effort in archaeological assessment will benefit the archaeological resource and address MCFN concerns. It is important to note that MCFN’s stewardship of resources extends to all archaeological resources and cultural heritage values within the Treaty Lands and Territory, regardless of CHVI or whether or not these sites are known to archaeologists or the ministry prior to assessment. Compliance with the S&Gs requires that MCFN is engaged and afforded the opportunity to consider the cultural heritage value or interest of all archaeological resources encountered during assessment, prior to defining a subset of these resources as ‘artifacts’ and ‘archaeological sites’. It is also important to note that the rules set out by the Funeral, Burial and Cremation Services Act regarding human remains should not be seen as overriding MCFN’s assertion that all human remains are important and sacred, and must be subject to special consideration and treatment. All remains, including those not immediately identifiable as being associated with a burial or grave location should be considered to mark interments until archaeological evidence demonstrates otherwise. 3.1 MHSTCI Standards and Guidelines Stage 1 The S&Gs state that the purpose of the Stage 1 background study and property inspection is to gather and analyze information about the geography, history and current condition of a property, and to obtain information on prior archaeological fieldwork on or adjacent to the property. This data, including field observations of current conditions, is used to evaluate archaeological potential. This evaluation provides support for recommendations requiring Stage 2 assessment of all or parts of the property, including appropriate fieldwork strategies. A thorough understanding of the full range of potential archaeological resources and cultural heritage values that may be present on a property is impossible without engagement. 3.1.1 Section 1.112 Within the Treaty area, MCFN must be engaged as part of the Stage 1 background study for all archaeological assessment projects carried out within the Treaty Area. This requires that S&Gs Section 1.1, guideline 1, bullet 3 is 12 The subsection headings are in reference to the section of the MTCS S&Gs that are being discussed. Page 255 of 819 MCFN Standards and Guidelines for Archaeology 24 treated as a standard within the Treaty Area. The guideline states, in part, that the background study “may also include research information from … Aboriginal communities for information on possible traditional use areas and sacred and other sites on or around the property…” For the purpose of Stage 1 engagement, it is important to note that DOCA is not simply a source of research information, but should be viewed as a partner to the development of a comprehensive background study for the archaeological assessment. In order to develop this partnership, consultants conducting background research on a property should conduct thorough documentary research at Stage 1. This may result in research products that not only address the requirements of the S&Gs, but also make a positive contribution to archaeological and cultural heritage research within the Treaty Area. This contribution may be in various forms, including new insight into archaeological research, historical occupations, or Anishinaabe place names on or near the subject lands. For the purpose of developing a reasonable perspective on cultural practices and traditional use overlying the subject property it may be necessary to take a broader view of the surrounding landscape for context. For example, areas where numerous small archaeological sites have been recorded may need to be evaluated in aggregate within the wider landscape to determine if they are arrayed along a travel route. Similarly, areas of low site density within wider landscapes of generally high densities should be evaluated to determi ne whether the distribution is based on the quality of effort in past archaeological assessments that may have skewed available site data, or earlier cultural phenomena. Review of archaeological reports from areas beyond the recommended 50m radius is encouraged (Section 1.1, s. 1, bullet 2). Notwithstanding the limiting nature of the language used in Section 1.1, guideline 1, bullet 3, MCFN assert that Stage 1 engagement should address all archaeological resources and cultural heritage values that may be p resent on the property. This approach better reflects the understanding that archaeological sites do coexist with places of sacred or spiritual importance, traditional use, or that are referenced in oral histories. Data relevant to Section 1.1, guideline 1, bullets 8 – 12 require engagement, and the results incorporated into the assessment report. The timing and integrity of the approach to DOCA for background information will be recorded in the project file. 3.1.2 Section 1.2 The direction in this section applies as written. 3.1.3 Section 1.3 Analysis and Recommendations: Evaluating archaeological potential S&Gs Section 1.3.1 provides general direction on evaluating archaeological potential. Features of archaeological potential are presented as a bullet point list, with no ranking of features. Bullets 1 – 4 are physical landscape characteristics that can be evaluated using maps or field observation. Bullet 9 concerns municipal or provincial designation and this can also be determined using available document ation. Bullets 5 – 8 and 10 include information that will be available only through engagement. Specifically, “special or spiritual places” (bullet 5), or “resource areas” of value to the Nation (bullet 6) cannot be determined solely on the Page 256 of 819 MCFN Standards and Guidelines for Archaeology 25 basis of physical indicators. Further, historical settlement features described in bullets 7, 8 and 10 should not be construed as automatically describing European settler landscape elements, given the continuous and ongoing occupation of the Treaty area by Anishinaabe people. In some areas, archaeological potential models or archaeological master plans are the basis for determining the requirement for assessment. As these models / plans are renewed, DOCA will seek engagement to ensure that the datasets considered in the development of the model / plan, and the output produced is a reasonable representation of archaeological site distributions and MCFN traditional use within the Treaty Lands and Territory. 3.1.4 Section 1.4.1 Section 1.4.1 describes the process for reducing the area that will be subject to Stage 2 test pit survey. For areas that will be test pitted, reporting on Section 1.4.1, s. 1(c) (iii) and (iv), and Section 1.4.1, s. 1(e) (iii) and (iv), must clearly articulate how MCFN input was gathered and considered in the evaluation of potential. DOCA must be engaged in the evaluation that leads to a reduction in areas to be subject to test pit survey. This requires treating S&Gs Section 1.4.1, guideline 1 as a standard. The guideline states, in part, that “the consultant archaeologist may wish to engage with Aboriginal communities to ensure there are no unaddressed cultural heritage interests”. In other cases, the area to be examined at Stage 2 may be increased to incorporate MCFN input, as described in the MHSTCI Bulletin on Engaging Aboriginal Communities, Section 3.3. 3.1.5 Stage 1 reporting For Stage 1 assessment reports, the direction found in Sections 7.5.1 to 7.5.12, and 7.7.1 to 7.7.6 applies as written, with the following exceptions, additions or clarifications. The results of the research conducted for the background study must be reported in the Stage 1 assessment report. Section 7.7.1, s. 1 states that the research must be clearly described and information sources documented. The report content must also clearly demonstrate that the standards for background research were met. In addition to the Aboriginal engagement documentation required by Section 7.6.2, it will be necessary to provide a clear and accurate report of the information obtained through engagement, and how it was applied to the assessment functions required by Sections 1.1, 1.3 and 1.4.1. 3.2 MHSTCI Standards and Guidelines Stage 2 The S&Gs state that the purpose of the Stage 2 property assessment is to inventory the archaeological resources on a property, and to determine “whether any of the resources might be artifacts and archaeological sites with cultural heritage value or interest”. The distinction between archaeological resources, on the one hand, and artifacts and archaeological sites on the other derives from the definitions found in O.Reg. 170/04. Page 257 of 819 MCFN Standards and Guidelines for Archaeology 26 Section 2 of the S&G set out the minimum standards for fieldwork at Stage 2. The standards form the basis for professional practice in archaeological assessment. As such, MCFN expect strict compliance with the standards for assessments undertaken within the Treaty Area. As most of the standards are quantitative targets, FLRs will assist consultant archaeologists in meeting compliance expectations, and can collect data on the conditions that led to the exercise of professional judgment to deviate from the standards. Planned deviation from the standards, based on professional judgment and permitted by the S&Gs should be discussed as part of the ongoing engagement with DOCA, and described clearly in resulting reports. 3.2.1 Section 2.1 Section 2.1 sets out the technical requirements for Stage 2 property survey, including pedestrian survey (Section 2.1.1), test pit survey (Section 2.1.2), intensification when archaeological resources are identified (Se ction 2.1.3), and fieldwork under special conditions (Sections 2.1.4 to 2.1.9). The direction in Section 2.1 sets out the general and specific minimum requirements for Stage 2 fieldwork and analysis. The direction in this section applies as written. DOCA will work with proponents to ensure that FLRs participate in fieldwork to assist in meeting compliance with the standards. 3.2.2 Section 2.2 Section 2.2 sets out the process for determining whether archaeological resources hold cultural heritage value or interest and require further assessment at Stage 3. Notwithstanding the limiting nature of the language used in the Section 2.2 preamble (box text), Stage 2 analysis must address all archaeological resources present on the property. Engagement must address MCFN’s stewardship interest in the archaeological resources and cultural heritage values on the property before final recommendations are formulated. The fieldwork requirements of Stage 2, including intensification when resources are identified must be c ompleted prior to analyzing the results of fieldwork and determining the CHVI of the resources. This determination should not be made ‘on the fly’ in the field, especially as MCFN have asserted an interest in all archaeological resources within the Treaty area. DOCA may choose to review FLR reports compiled during Stage 2 fieldwork to ensure that the data used in addressing Section 2.2, s. 1, and guidelines 1 to 4 was compliant with the S&Gs and supports the conclusions drawn. It is important that the direction in Section 2.2, s. 1 is carried out in the context of the local or regional archaeological record. The report of the analysis must include a review of typical or expected artifact densities for sites of different time period or ascribed function regionally. To clarify Section 2.2, s. 1(b), Stage 3 assessment is required when human remains are identified on a property. For the purposes of compliance with this direction, all human remains, regardless of element or quantity (including fragments, teeth, phalanges, etc.) must be recommended for Stage 3. This direction should not be construed as conflicting with, or limiting the requirement to comply with the Funeral, Burial and Cremation Services Act (SO 2002, c. 33). FLRs will advise on the treatment of the remains. Page 258 of 819 MCFN Standards and Guidelines for Archaeology 27 In Section 2.2 there are a number of considerations that must be taken into account when evaluating the cultural heritage value or interest of an archaeological site, such as the representativeness of the sample obtained through Stage 2 fieldwork. For example, a single artifact recovered from an average test pit may represent an artifact count equal to or higher than the ‘cut-off’ proposed for excavation in Stage 3 and 4 directions. Similarly, CSPs conducted under sub-optimal conditions will present a reduced certainty that the sample collected is representative. Reports maintained by FLRs during fieldwork can assist in ensuring that places where additional data, or corrected conclusions may be required. In the discussion of Stage 1 guidance, it was noted that MCFN hold the view that archaeological potential needs to consider factors beyond the simple presence or absence of artifacts to include landscape considerations and the understanding of how ancestral populations used the land and the resources available. Similarly, in determining cultural heritage value or interest of archaeological resources, it is important to move beyond artifact counts. Highly mobile populations would not necessarily leave extensive and artifact rich sites behind. Analysis of archaeological resources should include the consideration of all archaeological resources as potentially informing the reconstruction of Anishinaabe history, with individual small sites analyzed in aggregate to reflect use of the broader landscape. To clarify, this direction directs the exercise of professional judgment as described in Section 2.2, guidelines 2 and 3 to recommend Stage 3 for low artifact count sites. 3.2.3 Stage 2 reporting For Stage 2 assessment reports, the direction found in Sections 7.5.1 to 7.5.12 and 7.8.1 to 7.8.7 applies as written, with the following exceptions, additions or clarifications. Section 7.8.1, s. 1 sets out the documentation requirements for areas not surveyed at Stage 2. For areas determined to be of no or low potential at Stage 1, a summary of the engagement on this evaluation must be included. For areas determined during Stage 2 fieldwork to hold low potential, a statement must be provided confirming that the decisions were taken in consultation with DOCA. Specifically, the statement should address the information and reasoning used in the field to satisfy the direction in Section 2.1, s. 2 (a), (b) or (c), confirm that FLRs were advised, and that their input was considered, as part of the decision making. Section 7.8.1, s. 2 sets out the documentation requirements for Stage 2 property assessment generally. It is recommended that any available DOCA file reference for the project is included in the documentation. Any difference in opinion on fieldwork practices between the consultant archaeologist and FLRs that relate to standards set out in Sections 2.1, 2.1.1 and 2.1.2 should be summarized, including decisions to reduce the area surveyed (Section 7.8.1, s. 2 (c) and (d)). Section 7.8.3 requires a summary of Stage 2 findings, including a clear statement concerning the assessment of the entire property and each archaeological site. The summary required in Section 7.8.3, s. 1 must include a discussion of all archaeological resources, including those which were determined to hold low CHVI and were not recommended for further assessment. In addition, the analysis and conclusions required in Section 7.8.3, s. 2 must Page 259 of 819 MCFN Standards and Guidelines for Archaeology 28 include a summary of DOCA engagement or FLR input as applicable. This should summarize the nature and t iming of the engagement, the data provided in support of the discussions, and the input received from DOCA. Section 7.8.2 requires that non-archaeological cultural heritage features, including cultural landscapes should not be documented. As noted in comments made in reference to Section 1.3 and Section 2.2, archaeological sites must be considered in their broader landscape context. The direction in Section 7.8.2 must not be seen as limiting the inclusion of landscape or cultural heritage considerations used in building a complete and accurate understanding of the development property or archaeological resources requiring additional assessment . For example, the discussion of archaeological sites identified at Stage 2, Section 7.8.2, s. 1(b) requires a descri ption of the “area within which artifacts and features were identified”, which may extend to wider landscapes as necessary. Notwithstanding the direction of Section 7.8.4, s. 2, recommendations for Stage 3 assessment must include a requirement to consider the landscape context of archaeological sites, as appropriate. Recommendations made in the Stage 2 report set out how all archaeological resources identified on the subject property will be addressed. Stage 3 strategies for sites with CHVI (Section 7.8.4, s. 1(c)), must include recommendations for engagement and FLR participation in fieldwork among the “appropriate Stage 3 assessment strategies”. Section 7.8.5, s. 1 recommendations for partial clearance must include requirements for engagement and includ ing FLRs in excavation and monitoring. 3.3 MHSTCI Standards and Guidelines Stage 3 The purpose of Stage 3 site-specific assessment is to assess the cultural heritage value or interest of archaeological sites identified at Stage 2 in order to determine t he need for mitigation of development impacts. The two key components to Stage 3 site specific assessment are historical research and archaeological site assessment. The outcome of Stage 3 is a clear understanding of whether each site has been sufficiently documented, or if further work is required to protect or fully document the site. The direction in Section 3 of the S&Gs set out the minimum standards for additional background research and for fieldwork at Stage 3. While efforts in excess of the S&Gs are supported, strict compliance with the standards will be expected. DOCA will work with proponents to ensure that FLRs participate in fieldwork to assist in meeting compliance. Stage 3 also includes a significant engagement component, and DOCA will serve as the primary contact for archaeologists and proponents. Engagement is specifically required as a standard in compiling additional historical documentation (Section 3.1, s. 1(a) and 1(b)), in the evaluation of CHVI (Section 3.4, s. 2), and in formulating Stage 4 strategies (Section 3.5, s. 1). As noted previously, MFCN assert that all archaeological sites should be considered as being of interest to the Nation (Section 3.5, s. 1(f)). Page 260 of 819 MCFN Standards and Guidelines for Archaeology 29 3.3.1 Section 3.1 Historical documentation Section 3.1 sets out the requirements for additional research to supplement and expand the research carried out in Stage 1. The additional documentary information must be considered in Stage 3 and Stage 4 fieldwork and analysis. Documentary research should be sufficient to ensure that the consulting archaeologist has a good understanding of the recent occupation history, as well as clear knowledge of the landscape and tradit ional occupation of the local landscape surrounding the site. Section 3.1, s. 1(a) requires that, “when available”, research regarding “features or information identifying an archaeological site as sacred to Aboriginal communities” is completed. Further, Section 3.1, s. 1(b) requires research relating to “individuals or communities with oral or written information about the archaeological site”. To meet the requirements of this direction, MCFN expect that research will be commenced as part of the Stage 1 background study, will require engagement, and in reporting should reflect a serious effort to identify information relating to the local area, property, or site especially as it pertains to past occupation by Mississauga or other Indigenous peoples. As part of the background research, Section 3.2, s. 1 requires that the consultant archaeologist review “all relevant reports of previous fieldwork” prior to commencing fieldwork. If a new licensee assumes responsibility for the archaeological assessment at Stag e 3, this review must include contacting DOCA for a summary of engagement and FLR reports on Stage 1 and 2. 3.3.2 Section 3.2 Section 3.2 sets out the standards for Stage 3 site-specific assessment fieldwork, including controlled surface pickup (Section 3.2.1) and test unit excavation (Section 3.2.2). Section 3.2. 3 and Table 3.1 describe the how the number and distribution of test units is determined. The direction in this section applies as written, with the exceptions, additions or clarifications noted below. In all instances, DOCA will work with proponent to ensure that FLRs are available to support compliance during fieldwork. The identification and treatment of features encountered at Stage 3 is discussed in Section 3.2.2, s. 6. Feature identification should be conservative, as it is preferable to overestimate the number of features at Stage 3, rather than lose data or create complications for fieldwork at Stage 4. On sites where a high proportion of the features appear equivocal as to cultural origin (forest fire or hearth?), these features must be preserved, and a sample excavated and reported at Stage 4 to create a record for the benefit of future archaeological fieldwork. Alternately, this sampling can be completed under the direction in Section 3.2.2, g. 3. Selecting screen aperture during Stage 3 fieldwork (Section 3.2.2, guideline 1), should also take a conservative approach. The consultant archaeologist should exercise professional judgment and move to screening with 3mm mesh whenever small artifacts (seed beads, retouch flakes) are anticipated or noted. Section 3.2.3 and Table 3.1 set out the technical requirements for placement and number of test units. Critical to the success of Stage 3 fieldwork is establishing site boundaries. Site boundaries must be set beyond the edge of Page 261 of 819 MCFN Standards and Guidelines for Archaeology 30 the artifact concentration, plus a reasonable buffer within which solitary artifacts separ ated from the main site by post-depositional disturbance may be anticipated. While the guideline (Section 3.2.3, guideline 1) allows for discretion in determining site boundaries, determining boundaries on the basis of low artifact frequency (guideline 1(b)), or typical site characteristics (guidelines 1(c) and 1(d)), must be supported by both data and a clear rationale. For example, determining that a site boundary can be set based on “repetitive low yields” requires additional testing beyond this boundary to ensure that additional concentrations not identified at Stage 2 are recorded. Low yields at the periphery of a site may indicate a weakly defined boundary, but may also represent a much larger, diffuse site marking a low intensity, repeated occupation of a place. Sterile units mark the boundary of archaeological sites, clearly demonstrating that no further archaeological resources occur within a reasonable distance from the site boundary. It is recommended that sterile units to at least ten meters from the site area (i.e. two consecutive sterile test units on the five meter grid), are recorded. This will ensure that isolated sterile units marking a low-count region within a site are misattributed as marking the site boundary. In reporting, the decisions made regarding site boundaries, including the rationale and supporting data should be clearly documented. This summary should note the input received from FLRs. 3.3.3 Section 3.3 Section 3.3.1 describes alternative strategies for determining the extent and complexity of large (Section 3.3.1 and 3.3.2) or deeply buried archaeological sites (Section 3.3.3). The direction in this section applies as written, with the following exceptions, additions or clarifications. DOCA will work with proponent to ensure that FLRs are available to assist with compliance during fieldwork. Section 3.3.2 outlines an optional strategy of using topsoil stripping to determine site boundaries, and is not the preferred approach to excavation by MCFN. It is necessary to note that mechanical topsoil removal is not intended to be applied within the site area. Mechanical excavation must begin outside the archaeological site boundary working in toward the centre (Section 3.3.2, s. 3), and must be suspended once cultural features or the previously mapped extent of surface artifacts is encountered (Section 3.3.2, s. 4). Prior to scheduling mechanical stripping, the consultant archaeologist must establish an on -site protocol for the proposed mechanical stripping with FLRs. The protocol must confirm the extent of the site as determined by artifact distributions and test unit results to establish where trenching will commence and be suspended. The protocol must also cover terminating or suspending trenching when artifacts or features are iden tified, and for treating cultural features in subsoil, and artifacts from disturbed soil or back dirt, including how back dirt will be processed to recover artifacts from excavated soil. 3.3.4 Section 3.4 Section 3.4 provides direction on how the information gathered in the archaeological assessment up to the end of Stage 3 fieldwork is used to assess the CHVI of each archaeological site. In turn, CHVI will determine whether the site is sufficiently documented, or if Stage 4 mitigation of development impact s is required. Page 262 of 819 MCFN Standards and Guidelines for Archaeology 31 To comply with the requirements of Section 3.4, consultant archaeologists must work with DOCA to determine CHVI and Stage 4 mitigation strategies for each site. This requires that concise documentation demonstrating that the site has been assessed to the level of care set out in the S&Gs is provided in a timely manner, and that any concerns previously expressed by DOCA or individual FLRs were addressed. The documentation should include the historical background research conducted in Stage 1 and Stage 3, a record of engagement with DOCA, and a summary of the artifact and site analysis. DOCA may also review FLR reports on fieldwork, or determine if band members hold specific or general knowledge of the site or development property. In the absence of earlier engagement, it may be necessary to provide additional resources to support the DOCA review. The S&Gs state that Stage 4 mitigation is required for specific classes of site, including “…sites identified as sacred or as containing burials” (Section 3.4, s. 1(a)). Sites of sacred or spiritual importance may include places on the landscape that do not contain archaeological resources in sufficient quantity to allow a clear determination of the site’s CHVI. Alternately, ceremonial space may be clearly expressed through the features and objects recovered archaeologically. Burial sites, graves and human remains (including isolated elements) must also be considered sacred. As reflected in Section 3.5, s. 1(b), all human remains require special treatment. They are culturally important as they may represent interments or signal a sacred or spiritual value at the site. Ultimately, MCFN is the only party who can determine whether an archaeological site is sacred to the Nation, and as such, DOCA must be engaged. The description of ‘sacred’ sites in the S&Gs is limiting. Sacred sites may include sites of cultural or historical importance, places associated with traditional land use or activities, or places features in traditional narratives (Section 3.4, s. 2). In most cases, ‘sacred’ sites will be those identified by the Nation, and FLRs will be the source of much of this information. Where specific knowledge of an individual archaeological site does not exist in the Nation’s current knowledge base, the CHVI of the site may be co-determined by the Nation and consultant archaeologist. Note that the underlying cultural interest in a site or development property, or the basis of the identification of sacred or spiritual places will not be disclosed in all cases. The Nation will not assume the position of research subject. Small or diffuse lithic scatters must not be automatically determined to hold low CHVI (Section 3.4.1). Anishinabeg traveled extensively throughout the Treaty area and beyond, and one aspect of this lifestyle was traveling light, with individuals and groups carrying only a small amount of material goods. As a result, loss rates were low and the archaeological sites associated with this cultural pattern will be smaller, low artifact count site s. Therefore, small sites with low artifact frequencies may hold a higher cultural significance than would be determined on the basis of artifact count. The analysis of small sites requires consideration of the wider landscape setting of the site and relationship to other local sites. For many of these smaller sites it is recommended that the consultant archaeologist exercise professional judgment, and follow the direction in Section 3.4.1, guideline 1(c). Page 263 of 819 MCFN Standards and Guidelines for Archaeology 32 Section 3.4.3 provides additional criteria for determining CHVI of individual archaeological sites. For archaeological sites in the Treaty area, the criteria in Table 3.2 must be reviewed by the consultant archaeologist to determining CHVI and formulating Stage 4 strategies. The consulting archaeologist must clarify in reporting how each of the criteria is or is not met for the archaeological site. In terms of the ‘information value’ of a site, consideration of the related indicators must look beyond the concept of archaeological information, to include consideration of how the information contained in the site can contribute to building a more complete history of cultural and traditional land use patterns within the Treaty area. 3.3.5 Section 3.5 Developing Stage 4 mitigation strategies requires engagement at Stage 3 (Section 3.5, s. 1). This engagement should be the culmination of an ongoing engagement that began at Stage 1 (or earlier). Engagement will include contributing to the “careful consideration” leading to a decision to excavate, as required in Section 3.5, s. 2, and to document any “unusual circumstances” indicated in Section 3.5, s.3. Contrary to the presentation in the S&Gs, the recommended Stage 4 strategies must reflect MCFN input. For compliance with Section 3.5, s. 2, documentation must include records of all communications, meetings, presentation materials, and resolutions arrived at between the consultant archaeologist and DOCA, and between the consultant and the proponent where mitigation was discussed. Where the recommended strategy is at variance with MCFN’s position, the basis for the decision must be clearly articulated in the final report of Stage 3 fieldwork. Some sites, where Indigenous occupation is not indicated by Stage 1 to 3 assessments , may be excluded from engagement by mutual agreement. The formulation of Stage 4 strategies must anticipate operational decisions that may be made during Stage 4. Section 4.2.1, g. 1, allows for sampling strategies to reduce the “degree or intensity of the archaeological fieldwork”. Incomplete excavation of an archaeological site promotes archaeological interests over the stewardship interest of MCFN. Sampling must only be considered after a detailed review of the sampling strategy and potential consequences for information recovery from the site is completed. Details of the proposed sampling strategies must be described in detail in the recommendations to the Stage 3 report, and the justification and research supporting the recommendations should be clearly articulated in the analysis and conclusion sections. Stage 4 recommendations should also provide a specific commitment to engage DOCA when sampling decisions are made in the field, including a time allowance to consider the decision, and a process for in corporating DOCA input into the decision making. 3.3.6 Stage 3 reporting For Stage 3 assessment reports, the direction found in Sections 7.5.1 to 7.5.12 and 7.9.1 to 7.9.7 applies as written, with the following exceptions, additions or clarifications. Page 264 of 819 MCFN Standards and Guidelines for Archaeology 33 The description of the field methods required in Section 7.9.1, may be supplemented by reference to the FLR reporting on the fieldwork, as applicable. Section 7.9.3, s. 3 requires that the analysis and conclusions of the report are compared to current archaeo logical knowledge. This must include current research, and not simply rely on other consulting reports and standards references. In addition, this research must consider the direction set out in this document, and the results of engagement. Section 7.9.4, s. 1(a) requires that reporting on Section 3.5 include a discussion and summary of engagement. A clear and detailed discussion of engagement is required in Section 7.9.4, s. 2, and this discussion must include the rationale for proposing any actions that is contrary to the stated position of DOCA. For example, decisions made to excavate or terminate an assessment (Sec. 7.9.4, s. 3 or s. 5), where that differs from the DOCA position, then a clear statement of this difference, including the dissenting position, must be provided in the report. 3.4 MHSTCI Standards and Guidelines Stage 4 Archaeological sites holding cultural heritage value or interest require Stage 4 mitigation of development impacts. Impacts may be mitigated by either avoidance and protection, or excavation and documentation. Avoidance and long term protection is the preferred approach to mitigation. Avoidance allows the archaeological site to be preserved intact for future use as an archaeological resource and cultural heritage value in additi on to preserving a range of material and intangible values not directly recoverable through the application of archaeological techniques. The S&Gs articulate that avoidance and protection are “most viable when the cultural heritage value or interest of the archaeological site is determined early in the planning stages of the development”. This supports the position taken in this document that early engagement with DOCA is beneficial for all parties to the assessment, and to the archaeological resource. 3.4.1 Section 4.1 Avoidance and Protection The direction in Section 4 sets out the general and specific minimum requirements for Stage 4 fieldwork and analysis. The direction in this section applies as written, with the following exceptions, additions and clarifications. DOCA will work with proponents to ensure that FLRs participate in fieldwork to assist in meeting compliance. Section 4.1, s. 1 requires that protection must follow completion of Stages 2 and 3. Where DOCA has not been engaged previously on the assessment, the process permitted under Section 4.1 is considered premature and must not proceed. This also applies in cases where the Stage 3 engagement is ongoing, or if a response to a concern raised by DOCA to MHSTCI or some other party to the development process has not been received. The buffers signified in Section 4.1, s. 2 are minimums. Larger buffers based on local topographic or development conditions must be identified where they will enhance long-term protection. Elements of the surrounding landscape beyond the minimum buffers should be adapted into the protection area to ensure that the site Page 265 of 819 MCFN Standards and Guidelines for Archaeology 34 remains in a naturalistic setting. This requires working with the proponent and the approval authority early in the process to build agreement in principle with the idea, and to facilitate moving to a satisfactory outcome. In a similar manner, where a number of sites are present in close proximity, protection strategies that include protection of a larger area enclosing all of the sites should be considered. Section 4.1.3 concerns temporary avoidance. The standard requires that the commitment from the proponent that “the archaeological site will not be impacted in the short term, and a plan to carry out full excavation in the future” is included in the report package. The avoidance and protection strategy requires approval authority agreement. DOCA must be provided with notice of the temporary avoidance and protection strategy and excavation timeline, and provided an opportunity to comment. Section 4.1.4 concerns the mechanisms required to ensure effective long term protection of the archaeological site. The avoidance and protection strategy must include DOCA engagement, and an opportunity to participate in the long term protection. MCFN has the capacity to provide stewardship and oversight to the long term protection of archaeological sites beyond that provided by other corporate bodies and municipalities; therefore DOCA must be included in the drafting of long term protection mechanisms. Section 4.1.4, s. 1 directs that the protection mechanism “sets out how protection of the archaeological site is to be addressed as a prerequisite to any proposed removal of the archaeological restrictions on the land in the future”. The mechanism must recognize the Treaty rights and the stewardship role of MCFN, and require engagement regarding any future review of the protected status of the archaeological site for development or excavation. This recognition must form part of the long-term protection mechanism, and should not be part of a sub-agreement or other agreement that may not continue in force over time. The identified restrictions on uses of the archaeological site (Section 4.1.4, s. 2) must not prohibit or inf ringe the right of MCFN to carry out any cultural or ceremonial activities that may be required. MCFN stewardship and DOCA participation in any future work at the site must be referenced in the “document confirming… awareness of” obligations for the archaeological site required in Section 4.1.4, s. 3. 3.4.2 Section 4.2 Excavation Section 4.2 sets out the requirements for excavation and documentation. As the introduction to Section 4.2 states, “protection in an intact state is always the preferred option” for archaeological sites with CHVI. The S&Gs confirm that conversion of archaeological sites into archaeological data results in the “loss of contextual information”. As noted previously, archaeological techniques are insufficient to capture the range of cultural heritage values the archaeological site may contain, including intangible values such as the sacred or spiritual elements that are referenced throughout the S&Gs. Nevertheless, conflict between contemporary development pressures and archaeological sites inevitably leads to a large proportion of arch aeological sites being scheduled for destruction. The direction in Section 4.2 sets out the general and specific requirements for Stage 4 fieldwork and analysis. The direction in this section applies as written, with the following exceptions , additions and clarifications. Within the Page 266 of 819 MCFN Standards and Guidelines for Archaeology 35 Treaty Lands and Territory, FLRs must participate in fieldwork, and will assist in meeting compliance. Stewardship of the archaeological resources and cultural heritage values require that archaeological sites will be completely excavated by hand (i.e. no mechanical topsoil stripping) and artifact recovery will be maximized, whe n excavation and documentation is considered the only mitigation alternative. Before commencing fieldwork, the consultant archaeologist is required to review “all relevant reports of previous fieldwork” (Section 4.2.1, s. 2). If a new licensee assumes responsibility for the archaeological assessment at Stage 4, this review must include a review of engagement from the preceding stages. This review should a lso include reports of fieldwork on adjacent properties or the local area for context. Section 4.2.1, g. 1 allows for sampling of archaeological sites “as a means of reduc[ing] the degree or intensity of archaeological fieldwork while still accomplishing the objectives for Stage 4 excavation”. Sampling must be pursued with caution, in limited instances and following a detailed review of the strategy and potential consequences to archaeological and cultural data recovery. Sampling is generally only acceptab le where it has been recommended in the Stage 3 report, and had been a focus of engagement. Section 4.2.2 concerns excavation by hand. The preamble to Section 4.2 states, “All archaeological sites for which Stage 4 excavation is carried out…must be excavated partly or completely by hand. Hand excavation is the preferred method for removing topsoil because topsoil stripping destroys any evidence of later site formation processes and leaves behind displaced artifacts”. This clarifies that hand excavation is preferred, and signals a concern that stripping may lead to archaeological data and features being overlooked or artifacts left behind at the site. The section continues, stating that on completing Stage 4 excavations “the site no longer exists in the ground [and] archaeological concerns under land use planning and development processes can be considered addressed”. This creates the uncomfortable outcome that archaeological data, artifacts and other cultural heritage objects may remain at the location after the site has been declared to no longer exist. This loss of site context and artifacts compound the cumulative impact to cultural heritage values of importance to MCFN and other indigenous communities. Mechanical topsoil stripping is discussed in Section 4.2.3. As the S&Gs note, “the rationale for topsoil stripping is that the careful documentation of intact archaeological resources…offsets the loss of fragmentary information in the topsoil layer”. Mechanical stripping presents considerable risk to archaeological resources and must be considered an exceptional practice in the absence of a compelling rationale. Any proposal to mechanically strip a site must be a key topic of discussion during engagement at Stage 3. FLRs will be available to advice in the field on compliance with the S&Gs and any agreements reached in engagement. As set out in the S&Gs, mechanical topsoil stripping is only acceptable under specific circumstances (Section 4.2.3). The archaeological site must have been subject to ploughing for many years, be a single component site, be “large”, be a Woodland period site or later, and there must be a representative artifact collection from Stage 2 and Stage 3 surface collection and test unit excavation. Analysis of earlier fieldwork must be comp leted to the point where the site can be demonstrated to be a single component. Page 267 of 819 MCFN Standards and Guidelines for Archaeology 36 The judgment on the size of the site and adequacy of the artifact collection, and whether the site represents a single component, must be discussed in the Stage 3 report and raised during engagement. During fieldwork, stripping must not extend below the topsoil/subsoil interface (Section 4.2.3, s. 3), and only the area that can be cleared and examined at the time of stripping should be exposed (Section 4.2.3, s. 4). It is criti cal that the Stage 4 recommendations and on-site protocols support the role of FLRs in identifying compliance shortfalls during mechanical topsoil stripping. Work at variance with the S&Gs must be stopped as soon after being identified to the project archaeologist or field director as possible. Section 4.2.4 provides direction on the excavation of Woodland period archaeological sites. This direction notes that Woodland sites are ‘usually’ excavated using a combination of hand and mechanical excavation. As mechanical topsoil stripping increases the risks to archaeological sites, use of the technique must be limited and justified on a site by site basis. It is strongly recommended that the area mechanically excavated is minimized, with hand excavation expanded beyond the limits set out in the S&Gs (Section 4.2.4, s.1, and 4.2.4, s. 5, augmented by guidelines 1 to 3). In all instances of mechanical topsoil stripping, provision for recovering any artifacts displaced to back dirt piles must be made. It is preferred that back dirt is screened to facilita te full artifact recovery. For large lithic scatters and lithic quarry sites, compliance with Sections 4.2.5 and 4.2.6 will require that Stage 3 analysis is complete prior to engagement, and that the results of analysis are provided during engagement with DOCA. When finalizing the Stage 4 recommendations and strategies for Stage 4, (specifically Sec. 4.2.5, s. 1(b) and Sec. 4.2.6, s. 2), this analysis must be available, meaning that the Stage 3 results must have been analyzed from this perspective. Requirements for the treatment of undisturbed archaeological sites are described in Section 4.2.9. The preamble of the section states that “every effort must be made to ensure” that undisturbed sites are avoided and protected. Further, “any recommendation to excavate must have been made in consideration of feedback from engagement…and a careful review of the viability of preservation options”. MCFN support avoidance and long term protection of archaeological sites, and are emphatic that consultant archaeolo gists advocate strenuously that undisturbed sites are protected from adverse impact, including excavation. All undisturbed sites must be brought to the attention of DOCA as early in the assessment process as possible, and engagement on the Stage 4 recommendations for the site is required. FLR reports concerning earlier stages of fieldwork, and specifically indications of past disturbance, may be reviewed to ensure that undisturbed sites are appropriately represented in Stage 3 deliberations. Undisturbed sites that cannot be avoided and protected must be completely excavated by hand. FLRs will be available to support compliance with the direction on excavating undisturbed sites. This will include ensuring that the additional units indicated in Section 4.2.9, s. 4 are sterile, and that features are investigated as directed in Section 4.2.9, s. 5. While not specified in the S&Gs, recording and collecting non-diagnostic artifacts and informal tools, collection must be to 0.25m2 quadrant and level at a minimum. As with the direction on undisturbed sites, developing a mitigation plan for rare archaeological sites (Section 4.2.10) will require engagement and FLR participation in fieldwork. Page 268 of 819 MCFN Standards and Guidelines for Archaeology 37 3.4.3 Section 4.3 The goal of excavation and documentation is complete recov ery of the archaeological information contained within the site. Sampling suggests that the contents of sites are generally consistent between sites, and that the information potential of any given site is predictable. However, this gives the impression that the site being assessed is of a lesser value than those that have been excavated previously. Cumulative effects to the overall archaeological record will accrue under this process, and shortcomings of historical research amplified. This perspective may also lead to acceleration in the rate of site loss over time, and excavated collections are increasingly viewed as additional and redundant data. For these reasons, sampling or reducing the extent of excavation at Stage 4 should only be pursued under exceptional circumstances, and then only after detailed research to support the decision to sample has been completed and presented in engagement. In all cases, excavation must include units within a 10m buffer (at Stage 3 or Stage 4) surrounding the site to en sure that site boundaries are accurately located and unit-yield counts do not increase in adjacent areas. Table 4.1 in Section 4.3 of the S&Gs provides direction on determining the extent of Stage 4 excavations. In hand excavation, the unit-yield serves as an indicator of when the limits of a site have been reached. Units with fewer than 10 artifacts per unit mark the boundary of the site. Excavation must continue where at least two formal or diagnostic artifacts, fire cracked rock, bone or burnt artifacts are present. In the interest of complete recovery and correct boundary placement, it is recommended that excavation continue for at least two contiguous units at low counts (<5) before the site boundary or limits to excavation are declared. Table 4.1 also provides direction for undisturbed site excavation limits, indicating that counts of ten or fewer artifacts mark the limit of excavations. However, undisturbed sites provide an opportunity to gather information on site formation processes as well as a “complete” inventory of materials and features. For this reason, 100% excavation and artifact recovery is required for these sites. Two consecutive units with zero artifacts must be excavated at the periphery of the site to ensure that excavation has capture d the entire site. For large, dense lithic scatters where individual unit counts are high, Table 4.1 allows that excavation can be terminated where unit counts drop to 10% of the highest yield at the core of the site. This guidance must be applied with caution, and excavations must continue where the nature of the artifact recoveries at the proposed boundary differ from those in the core of the site. For example, where a high count area comprised of smaller pressure flakes is used to define the centre of the site, and a lower count area comprised of larger early stage block reduction is positioned on the ‘periphery’, this may indicate the overlap of two different functional areas, and not the site boundary. This reinforces the direction in Table 4.1 that areas of lower concentration adjacent to the areas of higher density must be examined to ensure that they do not mark discrete components, habitation or activity areas. Lithic quarry sites require complete excavation of all discrete areas. There are no unit -yield measures for determining limits to excavation. Table 4.1 also provides direction that for sites subject to mechanical topsoil stripping, excavation is considered complete when all cultural features have been exposed and excavated. The stripping must extend at least 10m Page 269 of 819 MCFN Standards and Guidelines for Archaeology 38 beyond all cultural features. Unit yields are not applicable as the artifacts from the plough zone are in the back dirt. As noted previously, measures must be taken to recover artifacts from the stripped topsoil to approach complete artifact recovery. 3.4.4 Stage 4 reporting For Stage 4 excavation reports, the direction found in Sections 7.5.1 to 7.5.12 and 7.11.1 to 7.11.6 applies as written, with the following exceptions, additions or clarifications. Stage 4 avoidance reports follow the direction found in Sections 7.10.1 to 7.10.3. Section 7.11.1, s. 1(c) requires that decisions made in the field regarding unit placement is documented. For compliance with this standard, the engagement, including in-field discussions with FLRs and any divergent opinions on how to proceed must be reported. Section 7.11.4, s. 1 requires that a recommendation of “no further cultural heritage value or interest” remains for the site. This recommendation should not be made if disputes regarding the completeness of the excavation have been raised by DOCA and are unresolved. Recommendations should also note that the outcome of the archaeological assessment may not remove a cultural heritage place, defined on the basis of cultural or intangible values at the site by MCFN, regardless of the archaeological assessment status. 3.5 Aboriginal Engagement Reporting (Section 7.6.2) The Aboriginal engagement report supplements the information provided in the body of the report. As the guidance in this document sets out, MCFN expect to be engaged at all stages of archaeological assessment. Therefore, Aboriginal engagement reports should be prepared for all stages of assessment. Engagement includes timely notification of all assessment-related fieldwork to be undertaken on MCFN Treaty Lands and Territory, the participation of FLRs, clear communication regarding fieldwork decisions and recommendations, and acknowledgement of MCFN’s role as stewards of archaeological resources within the Treaty Lands and Territory. Section 7.6.2 provides direction on the required contents of the Aboriginal engagement report. Each report must include the identification of who was engaged, and how the engagement was carried out. For assessments on MCFN Treaty Lands and Territory, engagement will be with DOCA and the FLRs participating in the fieldwork (Section 7.6.2, s. 1(a)). This document will represent the protocol for engagement (Section 7.6.2, s. 1(b)). To compile a complete record of engagement, the report must also include information on the timing of engagement and, for Stage 2 to 4 assessments, whether engagement had been carried out in earlier stages. DOCA, as part of their administration and coordination of the engagement response, will provide a reference number for each engagement. The report should note this reference and the dates of engagement (Section 7.6.2, s. 1(c)). This will assist DOCA in tracking the assessment, and provide MHSTCI reviewers with assurance that the documentation reflects the approach, process and outcome clearly and accurately. Documentation for the engagement process must also outline and give reasons for the strategies used to incorporate input from DOCA and FLRs into fieldwork decisions, and how the results of the assessment were Page 270 of 819 MCFN Standards and Guidelines for Archaeology 39 reported back to the Nation. The outline required by Section 7..2, s. 1(d) must include a description of how DOCA was approached for input to the assessment, including background information at Stage 1 and Stage 3, field direction from FLRs at Stages 2 through 4, and DOCA participation in preparing or reviewing recommendations made at Stage 1 through 4. Acknowledging that points of difference may occur, it is important that the report clearly articulate where DOCA direction varied from S&Gs direction, where the consultant archaeologist chose not to implement direction from DOCA or FLRs, or where recommendations made were at variance with the position taken by DOCA or FLRs. Finally, a statement on when and how the final report of each stage of assessment was transmitted to DOCA must be included (Section 7.6.2, s. 1(e)). Reporting back must include providing a copy of the final report of the assessment to DOCA in a timely manner, including the completed Aboriginal engagement report. The direction provided in Section 7.6.2, s. 2, applies as written; however, it is important to note places or values holding cultural sensitivity may be identified on any property. In these cases, DOCA will work with the consultant archaeologist to identify boundaries, restrictions, or fieldwork practices that w ill address the cultural concern, even if detailed information on the underlying value is not provided. This will be the practice when, in the view of DOCA, providing MHSTCI or the consultant archaeologist details of the exact nature of the underlying cult ural value is not required to achieve protection. In reference to Section 7.6.2, g. 1, it is important to note that MCFN hold that all archaeological resources present within the Treaty Lands and Territory are of interest to the Nation as part of their cultural patrimony. Resources, regardless of size, frequency or condition should not be interpreted in such a way as to remove the requirement for engagement. 3.5.1 Supplementary Documentation Section 7.3.4 notes that supplementary documentation is required to improve the clarity of archaeological assessment reports… “For the purposes of review, the ministry may require supplementary documentation to verify that fieldwork was conducted according to [the MHSTCI] standards and guidelines.” Section 7.6.2 provides standards and guidelines for Aboriginal engagement and is applicable to all stages of archaeological assessment reporting. The section clarifies that “critical information arising from Aboriginal engagement that affected fieldwork decisions, documentation, recommendations or the licensee’s ability to comply with the conditions of the license” should be documented and included in the body of the report. Additional details and data resulting from engagement should be provided in supplementary documentation to the report. This includes “copies of any documentation arising from the process of engagement”. DOCA administrative processes and FLR reports do not constitute additional documentation to be included in the supplementary documentation to an archaeological report. The documentation will not be provided, as the licensee’s own records should provide sufficient detail regarding engagement. These records may be made available to and approval authorities if required to address an unresolved disagreement between MCFN, the consultant, proponent, or approval authority. MCFN expect that a complete record of engagement will be Page 271 of 819 MCFN Standards and Guidelines for Archaeology 40 maintained for any work within the Treaty Lands and Territory, and that MHSTCI and approval authorities will consider the substance and outcome of engagement when reviewing assessment reports or development proposals. Page 272 of 819 MCFN Standards and Guidelines for Archaeology 41 4.0 Additional Direction 4.1 Collections management The disposition of archaeological collections remains of interest to MCFN. All disposition agreements entered into at the end of an archaeological assessment must recognize MCFN’s role as stewards of the resource, and provide explicit direction that MCFN may assume control over collections under the following circumstances: • When the curatorial facility is derelict in its responsibility to care for the collections, including providing for appropriate cultural protocols, or, • When MCFN develop a curatorial facility for the purpose of long term curation of archaeological collections. When the license holder fails to make arrangements for the long term care of archaeological collections within a reasonable period of time after the conclusion of an archaeological assessment, MCFN may intervene with MHSTCI to require that the collection is transferred to an appropriate facility w ith the costs of the transfer being assumed by the ministry or archaeologist. Note: We recognize that MHSTCI will be developing collections management direction in the near future. MCFN will be actively engaged in the deliberations leading to this policy as it progresses. 4.1.1 Costs Archaeological fieldwork is directed to the identification and recovery of archaeological resources, primarily material objects indicating past cultural activity. Through excavation and documentation the cultural legacy contained in archaeological sites is imperfectly translated from the material remains into collections and documents that represent the site as data. At the early stages of archaeological assessment, artifact collections may be relatively modest; however, exc avation of archaeological sites can lead to sizeable collections, including artifacts and documentary records. Excavated collections must be cared for. The Ontario Heritage Act is clear that the initial cost to curate collections falls to the licensed archaeologist responsible for the fieldwork. These costs include cleaning, cataloguing, analysis, packing and storage. The OHA also provides for collections to be transferred to a public institution or repository, which may also involve a cost. The cost for ma intaining collections remains with the licensee until alternate arrangements are made. If provisions for the long term curation are not addressed during the assessment, the license holder may be liable for the cost of long term curation as well, unless the collection is abandoned or a public or private institution is willing to assume responsibility. Page 273 of 819 MCFN Standards and Guidelines for Archaeology 42 It is important that costs relating to short and long term curation are identified to the proponent early in the assessment process. This will reinforce that archaeological site excavation is a serious undertaking. If excavation is carried out, proposals for the work must include costs for packing and transferring the collections to a repository, and a timeline for this transfer to be effected. A commitment to complete the transfer must be included in the final report. Another significant concern arising from the creation of archaeological collections is the cultural cost of reducing the rich cultural legacy that can reside in an archaeological site to collectio ns and data formulated in a way that privileges standard archaeological practice and view of the past. The OHA and S&Gs provide little direction and do not compel any licensee to address First Nations’ concerns with investigation, collection or excavation at archaeological sites. Additional costs may be encountered when curating an archaeological collection to culturally specific standards, including additional cultural requirements for artifact handling, storage and treatment. Storage conditions may require that collections are made available from time to time for traditional observance or cultural ceremony, or the collections and facility itself may require ongoing cultural maintenance. This will increase costs above the basic cost of ‘dead storage’ space, and must be anticipated in funding. A hidden cost in curation is the cumulative impact of archaeological practice on the remaining archaeological sites. Collections currently managed for long term use as research and educational material far exceed the capacity for new research to address. However, the value of archaeological collections to communities has not been thoroughly explored. Given that MCFN stewardship over the archaeological resource does not end with excavation and reporting, the potential for long term community management of archaeological collections should be identified. A provision that MCFN retain the right to transfer collections or specific artifacts from archaeological sites Treaty Lands and territory to MCFN designated or operated facilities at some time in the future should be included in the final report of the assessment. For this, and a variety of other reasons, it is vitally important to MCFN that the archaeological collections that are removed from the ground are treated in a manner that conforms to the OHA, and allows MCFN to exercise our inherent right to act as stewards of our cultural patrimony. Page 274 of 819 MCFN Standards and Guidelines for Archaeology 43 4.2 Human remains and burials Human remains are not archaeological resources. They are the remains of ancestors who were inter red, or died without burial, at or near the location where they are discovered. All human remains identified during archaeological fieldwork are of interest to MCFN, and appropriate treatment of human remains is of considerable importance to the Nation. The Funeral, Burial and Cremation Services Act and the Coroners Act direct the treatment of human remains upon discovery. While there is variation in the language used in the legislation and the S&Gs (burials, graves, human remains), it is preferred that a uniform approach is followed. When human remains are identified in the field first contact should be to the Coroner or police. Protocol should also dictate that DOCA or the FLR on site, and the Registrar of Cemeteries area also advised of the discovery. Once the police determine that the remains have no forensic interest, the Registrar, the proponent or landowner, MCFN and others representing the deceased will negotiate a site disposition agreement. MCFN prefer that the remains are re-interred as close as possible to the location where they were found. Depending on the quantity of human remains, the nature of the development, and the local availability of undisturbed lands that will not be impacted by development, re -interment may occur on the development property. If this is not possible, then interment at another location suitable to the purpose and acceptable to MCFN (and others) should be pursued. The nature of this document is to put into practice pre-emptive engagement with DOCA and the ongoing presence of FLRs on location during archaeological assessments. For this reason, there should be no circumstances in which decision-making around the current and future treatment of human remains should bypass MCFN. However, if the protocols within this document have not been respected and a discovery of human remains is made without FLR presence on site, it is the responsibility of the consultant archaeologist or other party responsible for this discovery to immediately notify DOCA. Human remains that were interred at an archaeological site signify that cultural practice was carried out at that location. The practice imbues the location with intangible values that must be protected. Isolated elements, such as teeth or smaller bones or fragments of bone, may not be immediately associated with an archaeological feature, such as a grave shaft; however, this does not diminish the cultural importance of the remains, or signal that the burial and associated cultural practice were absent. A variety of post-depositional effects may lead to the erasure of the grave site, and loss of skeletal material and it is important that archaeological fieldwork includes investigating the original position of the remains. Where human remains are identified, but no grave location is evident, it is incumbent on the archaeologist to make a reasoned argument about why this may be the case. If post-depositional disturbance from, for example, ploughing and soil erosion caused the remains to be displaced, then this would be a consideration for the analysis of the entire site. If, on the other hand, there is a belief that the body originally lay on or near the ground surface, then this also has an influence on the analysis of the sites, and should be the focus of additional engagement and documentary research. Page 275 of 819 MCFN Standards and Guidelines for Archaeology 44 It is important to note that scientific research on human remains, apart from the collection of the data necessary to satisfy the information requirements of the Coroner, must not be undertaken without the express consent of the representatives of the deceased. It is also important to note that the discovery of human remains on an archaeological site or development property signal the presence of intangible cultural heritage values which cannot be captured by standard archaeological techniques. Additional engagement on the analysis of the site, the conclusions reached and the final recommendations regarding the disposition of the site at the end of the archaeological assessment will require additional engagement with MCFN. In addition to the directives provided herein, all applicable parties including the consultant archaeologist, the Registrar, and/or the proponent/landowner will be expected to follow MCFN’s protocol for the discovery of human remains, which is available as a stand-alone document. Page 276 of 819 MCFN Standards and Guidelines for Archaeology 45 5.0 Glossary13 approval authority In the land use and development context, this includes any public body (e.g., municipality, conservation authority, provincial agency, ministry) that has the authority to regulate and approve development projects that fall under its mandate and jurisdiction (e.g., Planning Act, Environmental Assessment Act, Aggregate Resources Act). archaeological assessment For the defined project area or property, a survey undertaken by a licensed archaeologist within those areas determined to have archaeological potential in order to identify archaeological sites, followed by evaluation of their cultural heritage value or interest, and determination of their characteristics. Based on this information, recommendations are made regarding the need for mitigation of impacts and the appropriate means for mitigating those impacts. archaeological potential The likelihood that a property contains archaeological resources. archaeological resources In the context of the Standards and Guidelines, objects, materials and physical features identified by licensed archaeologists during a Stage 2 archaeological assessment as possibly possessing cultural heritage value or interest. archaeological site Defined in Ontario regulation as “any property that contains an artifact or any other physical evidence of past human use or activity that is of cultural heritage value or interest”. artifact Defined in Ontario regulation as “any object, material or substance that is made, modified, used, deposited or affected by human action and is of cultural heritage value or interest”. cultural feature The physical remains of human alteration at a given location that cannot be removed intact and are not portable in the way that artifacts can be removed and are portable. Typically, a cultural feature must be documented in the field, although samples can be taken. Examples include post molds, pits, living floors, middens, earthworks, and various historic structural remains and ruins. cultural heritage value or interest For the purposes of the Ontario Heritage Act and its regulations, archaeological resources that possess cultural heritage value or interest are protected as archaeological sites under Section 48 of the act. Where 13 Definitions as found in: MHSTCI 2011. Standards and Guidelines for Consultant Archaeologists. Ministry of Heritage, Sport, Tourism and Culture Industries. Page 277 of 819 MCFN Standards and Guidelines for Archaeology 46 analysis of documented artifacts and physical features at a given location meets the criteria stated in the Standards and Guidelines, that location is protected as an archaeological site and further archaeological assessment may be required. community For the purpose of these Standards and Guidelines, the use of “Aboriginal community” is used only in the context of citing such use by the Ontario Ministry of Heritage, Sport, Tourism and Culture Industries in their Standards and Guidelines diagnostic artifact An artifact that indicates by its markings, design or material the time period it was made, the cultural group that made it, or other data that can identify its original context. formal tool Most often a stone artifact with a form or design that indicates the reason it was made, like a stone spearpoint or hide scraper. Contrasted with an informal tool, like a chert flake used for cutting. lithic scatter A loose or tight concentration of stone flakes and tools resulting from the manufacture and sometimes the use of one or more stone tools. nation Refers to the Mississaugas of the Credit First Nation. project area The lands to be impacted by the project, e.g.: the area of a development application under the Planning Act; the area to be licensed under the Aggregate Resources Act; the area subject to physical alteration as a result of the activities associated with the project. This may comprise one or several properties, and these properties may or may not be adjoining. However, all properties must be part of one project that is being undertaken by one proponent. Project Information Form (PIF) The form archaeological license-holders must submit to the Ministry of Heritage, Sport, Tourism and Culture Industries upon decided to carry out fieldwork. protection Measures put in place to ensure that alterations to an archaeological site will be prevented over the long- term period following the completion of a development project. traditional The word “traditional” refers mainly to use of land, e.g. “traditional lifeways” while all references to MCFN’s land are to be construed as the MCFN Treaty Lands”. Page 278 of 819 MCFN Standards and Guidelines for Archaeology 47 6.0 Map of the Treaty Lands and Territor y Page 279 of 819 MCFN Standards and Guidelines for Archaeology 48 Front page artwork is from the MCFN Lloyd S. King Elementary School Art Mural. Artists include: Philip Cote – Principal Coordinating Artist Rebecca Baird – Artist Tracey Anthony – Artist Rachele King – Student Eric Laforme – Student Jocelyn Hill – Student Carolyn Cote – Artist Page 280 of 819 MCFN Standards and Guidelines for Archaeology 49 Mississaugas of the Credit First Nation Department of Consultation & Accommodation 4065 Hwy 6 Hagersville, ON N0A 1H0 Tel: 905-768-4260 http://mncfn.ca/doca-2/ MCFN Looks To Our Anishinaabe Roots To Guide Our Vision For The Future As A Strong, Caring, Connected Community Who Respects The Earth's Gifts And Protects The Environment For Future Generations. MCFN Identity And Heritage Includes Our History, Language, Culture, Beliefs And Traditions. Page 281 of 819 13:3i=8x. mmzndE_.mam<.._m::wQE182Nam_u_<_ 49>_mx:m;o<:n_._ m:Emn?moaysmm9320+_sn_,§_Emzg>_mx><m::m Ir _:Bmuosme.8Em20:83>un=nm¢o:3.1.5m:Em2gm<m_o_o3m:.n... _um«_A._:mEn:2m::<..23._:3m_o:mZmx><m::mmeg:o2<§moa...2_§m.53:33%mnoznmaz_:Em um?m_omn_...nm__<82$33onEmm>?mam9.29.30:3Sm:313cmlag8%Eco:mxm=:m$<<:m$ o:no3.:m8%282.3325so»32¢:3:5m_m.£30:33. <5":15mn_n:mo:m_.2523:m_:m::mmsnaznm.n_omm8__mN:2%58:0:<3:E?mmmm.noaam.«m,....3n::m _§_%m33m<m__o<<9.8zmzasi.2:._m35mm3.92.. m._3._m1<.so_,..3::mmmmzv.mxw?3.433moi:o:>_mxR15:93n:2m3:6_,om9mmmEms:3m:3_m_. noamiozm. 15%<o:. _<=_Am. «mm3NS. >zz_zo.Page 282 of 819 1 Overall Summary 2 City Council/Committees/Boards and Grants 3 Administrative Services 4 Fire Services 5 Municipal Works Services 6 Municipal Works - Cemeteries, Parks & Landscape 7 Transportation Services 8 Recreation and Culture Services 9 Planning & Building Services 10 Business Development Services Page 283 of 819 Index OVERALL SUMMARY Overall Summary of Revenues & Expenses Page 284 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Taxation City General and Urban 71,409,311 70,486,052 923,259 1.31% Taxation Waste Management 7,802,521 7,465,141 337,380 4.52% Taxation Other Charges 1,150 11,000 (9,850) (89.55%) Payment in Lieu of Taxation 7,291,411 7,178,041 113,370 1.58% Taxation 86,504,393 85,140,234 1,364,159 1.60% Federal Grants 1,370,773 739,230 631,543 85.43% Provincial Grants 2,047,116 813,206 1,233,910 151.73% Grants 55,000 55,000 0 0.00% Other Municipalities 2,579,424 3,305,500 (726,076) (21.97%) Grants 6,052,313 4,912,936 1,139,377 23.19% Café Sales 15,122 35,000 (19,878) (56.79%) Casino 8,625,000 23,000,000 (14,375,000) (62.50%) Donations 56,000 46,000 10,000 21.74% Fines 500 500 0 0.00% Investments 1,740,600 2,940,600 (1,200,000) (40.81%) Licences 251,365 321,000 (69,635) (21.69%) Other Revenue 6,566,535 7,764,342 (1,197,807) (15.43%) Penalties and Interest 1,710,000 2,010,000 (300,000) (14.93%) Permits 1,574,000 1,802,000 (228,000) (12.65%) Provincial Offences Act 150,000 150,000 0 0.00% Rents 222,204 299,567 (77,363) (25.82%) Sales 445,330 999,900 (554,570) (55.46%) Service Charges 3,250 6,250 (3,000) (48.00%) User Fees 4,125,356 6,037,855 (1,912,499) (31.68%) Miscellaneous Revenue 25,485,262 45,413,014 (19,927,752) (43.88%) From Special Purpose Reserves 1,536,083 4,926,210 (3,390,127) (68.82%) From Reserve Funds 3,138,459 1,825,916 1,312,543 71.88% From Gas Tax Reserve Fund 532,000 532,000 0 0.00% From Development Charges 1,663 1,663 0 0.00% From City Operating (Indirect Costs)572,746 380,790 191,956 50.41% From City Operating (Internal Rent)4,988,268 4,329,499 658,769 15.22% Internal Transfers 10,769,219 11,996,078 (1,226,859) (10.23%) TOTAL REVENUE 128,811,187 147,462,262 (18,651,075) (12.65%) 1 Page 285 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Labour 51,674,385 51,082,141 592,244 1.16% Employee Benefits Allocation 14,059,640 13,570,178 489,462 3.61% Overtime 1,087,118 1,120,389 (33,271) (2.97%) Labour and Benefits 66,821,143 65,772,708 1,048,435 1.59% Materials 11,913,466 12,349,592 (436,126) (3.53%) Professional Development 347,128 344,233 2,895 0.84% Advertising/News Release 229,700 236,100 (6,400) (2.71%) Insurance Premiums 2,040,482 1,730,271 310,211 17.93% Conferences/Conventions 141,820 163,755 (21,935) (13.40%) Goods for Resale 210,475 785,700 (575,225) (73.21%) Membership/Subscriptions 144,043 150,102 (6,059) (4.04%) Office Supplies 142,748 146,372 (3,624) (2.48%) Materials 15,169,862 15,906,125 (736,263) (4.63%) Electricity 2,454,380 2,445,300 9,080 0.37% Water 589,140 577,760 11,380 1.97% Natural Gas 482,325 500,600 (18,275) (3.65%) Utilities 3,525,845 3,523,660 2,185 0.06% Contracted Services 18,308,022 18,991,484 (683,462) (3.60%) H&S Compliance 47,000 49,000 (2,000) (4.08%) Snow Plowing 149,000 155,000 (6,000) (3.87%) Fees for Service 6,855,152 6,715,015 140,137 2.09% Contracted Services 25,359,174 25,910,499 (551,325) (2.13%) Rents and Financial Expenses 888,867 932,721 (43,854) (4.70%) Long Term Interest 1,811,311 1,770,519 40,792 2.30% Long Term Debt Principal 3,263,329 3,286,645 (23,316) (0.71%) Debt Charges 5,074,640 5,057,164 17,476 0.35% External Transfers 3,607,106 4,986,960 (1,379,854) (27.67%) Internal Rent 4,450,207 3,796,067 654,140 17.23% Indirect Costs 275,000 275,000 0 0.00% To Capital 3,208,371 3,197,189 11,182 0.35% To Reserve Funds 2,730,000 17,105,000 (14,375,000) (84.04%) To Special Purpose Reserves 1,558,105 999,169 558,936 55.94% Internal Transfers 12,221,683 25,372,425 (13,150,742) (51.83%) TOTAL EXPENSES 132,668,320 147,462,262 (14,793,942) (10.03%) Surplus/(Deficit)(3,857,133) 0 (3,857,133) #DIV/0! 2 Page 286 of 819 Index CITY COUNCIL/COMMITTEES/BOARDS AND GRANTS Summary of City Council/Committees/Boards & Grants City Council Mayor and Councillors (0 Pages) Office of the Mayor and Council Support Committees Recreation Committee Culture Committee (0 Pages) Committee of Adjustment Park in the City Mayor's Youth Advisory Senior Advisory Committee Diversity & Inclusion Committee Anti-Racism Committee Senior Advisory Committee Municipal Heritage Committee Boards Niagara District Airport Services Library Services (0 Pages) Niagara Falls Illumination Board Grants OPG Community Impact Agreement Niagara Health Foundation (0 Pages) St. John Ambulance Niagara Project Share Women's Place in South Niagara YWCA Page 287 of 819 ! 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"# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! $$$((*" ! ##$ +((*% $ # & ' "#& $ ## ' " #$ $ " "$ $( ) $ ""&$*($ &$ $ $ #$ !$)$ % # $ $" +,-% $ ' " ! ##$$./ -.0(!12343, ' +,- ! ' 7 Page 292 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* !" #$ +((*% $ #& "#& $##' '' "#$ ($ ) *$#$ '" #"$ + + $ #$ $($' ,-.% $ ' !" #$ $/0 ./1) 2 ' ,-. ' 8 Page 293 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$+((* !! +((*" # !$# ## $ %$! # ! !# )) *+," # -)) ,((*% # # ).% *+,% !!#/0 ,/1& 23454+) ) *+, ) ) 9 Page 294 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$+$((* ! "" +((*# $ "!$ %&'# $ ! ""$() '(*+ ,-./.& %&' 10 Page 295 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$+$((*!! "! +((*# " $% && ' & & !$% "$$' ' !$" (" ) *"$" ") ( " +,-# "' ,((*( " "& & +,-( & & !! "! "./ -.0) 12343, ' +,- ' 11 Page 296 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$++((*! " +((*# $ %&$ '()# $ ,((** $&$ +"* ,, '()* ,, ! "$-. )-/0 12343( '() 12 Page 297 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! $$+((*" #$ % !&$"" +((*' $ " ($ )*+' $ " #$ % !&$""$,- +,./!01232* )*+ ! 13 Page 298 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$+,((*! "!## +((*$ ! #%! &'($ ! ! "!##!)* ()+, -./0/' &'( 14 Page 299 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! $$+,((*!"#$ % # && +((*' # & %# ()*' # !"#$ % # &&#+, *+-.!/0121) ()* ! 15 Page 300 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$+,((* !!! +((*" !# $ %&'" $ !!! () '(*+ ,-./.&$ %&' $ 16 Page 301 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$+,((*! "!## +((*$ ! #%! &'($ ! ! "!##!)* ()+, -./0/' &'( 17 Page 302 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !" +((*#$ !$ %$ !#$ &'(#$ !" $)* ()+, -./0/' &'( 18 Page 303 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((* !!"! +((*# ! ! !"$% &'(# !$% !!"!!)* ()+, -./0/'$% &'( $% 19 Page 304 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((* !"#" -((*$" %"&'( & " "# '' &&& % ! & ' )*+$"(& (( ' !"#"",- +,./ 01232*(& (( ' )*+ (& (( ' 20 Page 305 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !!"!! # $ ,((*% " " "& '()% " !!"!! # $ "*+ )*,- ./010( '() 21 Page 306 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+$((* !! ! ! ,((*" # !$#%% &'(" #%% -((*) !#) #%% &'() %% !! ! !#*+ (*,- ./010' &'( 22 Page 307 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* !"! +((*# $ %# " $ $ &'(# $ !"! $)* ()+, -./0/' &'( 23 Page 308 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((*!" #!$% & +((*' ! ( ! !) * * +,-' ! * * !" #!$% & !./ -.01 23454, * * +,- * * 24 Page 309 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +$$((*"# ,((*$ " " "% & & '()$ " & & "# "*+ )*,-!./010( & & '() ! & & 25 Page 310 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((*!" #$% $ & ,((*' $ $ $() *) * +,-' $) *) * !" #$% $ & $./ -.01 23454,) *) * +,- ) *) * 26 Page 311 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$,((*! ,((*" # # #$%% &'(" #%% !#)* ()+, -./0/'%% &'( %% 27 Page 312 of 819 Index ADMINISTRATIVE SERVICES Summary of Administrative Services Chief Administrative Officer Chief Administrative Officer and Support Doctor Recruitment Clerk Services Election Services Clerks Services Other General Government Services Financial Services Risk Management Services Debt and Investment Services Auditing Services Capital Asset Management & Accounting Services Property Taxation Waste Management Taxation Taxation Other Levy Charges Taxation Payments in Lieu Taxation Services for Fees Other Corporate Management and Support Municipal Accomodation Tax Revenue & Receivables Accounting & Reporting Procurement Services Human Resources Labour and Employee Relations(0 Pages) Staffing and Compensation Services WSIB, Health, Safety, Sick Services Training and Development(0 Pages) Employee Benefits (0 Pages) Payroll (0 Pages) Information Services Page 313 of 819 Index ADMINISTRATIVE SERVICES - CONTINUED Information Services - Continued Information Software Services Information Hardware Services Data, Voice, Communication Services Legal Corporate Legal Services (0 Pages) Page 314 of 819 ADMINISTRATIVE SERVICES Summaries Chief Administrator's Office Clerks Services Financial Services Human Resource Services Information Services Legal Services The following responsibility centres are included in the above noted summaries: Chief Administrator's Office 120000 CAO and Support 129200 Doctor Recruitment Clerks Services 115000 Election Services 131010 Clerks Services 190000 Other General Government Services Financial Services 122015 Risk Management Services 123005 Debt and Investment Services 123010 Auditing Services 123015 Capital Asset Mgmt & Accounting Services 125005 Taxation 125020 Taxation Waste Management 125025 Taxation Other Levy Charges 125030 Taxation Payments in Lieu 125035 Taxation Services for Fees 129000 Other Corporate Mgmt and Support 129004 Municipal Accommodation Tax 133005 Revenues and Receivables 133010 Accounting and Reporting 133015 Procurement Services Human Resource Services 142005 Labour and Employee Relations 142010 Staffing and Compensation Services 142015 WSIB Health, Safety and Sick Services 142020 Training and Development 142025 Employee Benefits 142040 Payroll 28 Page 315 of 819 ADMINISTRATIVE SERVICES - Continued Information Services 143010 Information Software Services 143020 Information Hardware Services 143030 Data Voice Communication Services Legal Services 124000 Corporate Legal Services 29 Page 316 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Chief Administrator's Office Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES From Special Purpose Reserves 300,000 0 300,000 #DIV/0! From Reserve Funds 0 300,000 (300,000) -100.00% Internal Transfers 300,000 300,000 0 0.00% TOTAL REVENUE 300,000 300,000 0 0.00% EXPENSES Labour 557,386 511,349 46,037 9.00% Employee Benefits Allocation 115,735 93,564 22,171 23.70% Labour and Benefits 673,121 604,913 68,208 11.28% Materials 334,000 334,000 0 0.00% Advertising/News Release 90,000 90,000 0 0.00% Conferences/Conventions 14,100 11,100 3,000 27.03% Membership/Subscriptions 8,635 4,785 3,850 80.46% Office Supplies 2,000 2,000 0 0.00% Materials 448,735 441,885 6,850 1.55% Contracted Services 71,000 74,850 (3,850) -5.14% Total Expenses 1,192,856 1,121,648 71,208 6.35% Surplus/(Deficit) (892,856) (821,648) (71,208) 8.67% 30 Page 317 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Clerks Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Licences 195,000 260,000 (65,000) -25.00% User Fees 12,500 27,500 (15,000) -54.55% Micellaneous Revenue 207,500 287,500 (80,000) -27.83% TOTAL REVENUE 207,500 287,500 (80,000) -27.83% EXPENSES Labour 557,936 549,501 8,435 1.54% Employee Benefits Allocation 168,935 166,593 2,342 1.41% Overtime 2,500 5,000 (2,500) -50.00% Labour and Benefits 729,371 721,094 8,277 1.15% Materials 166,000 166,000 0 0.00% Professional Development/Workshops 3,500 3,500 0 0.00% Conferences/Conventions 4,300 4,300 0 0.00% Membership/Subscriptions 1,000 1,000 0 0.00% Office Supplies 4,200 4,700 (500) -10.64% Materials 179,000 179,500 (500) -0.28% Rents and Financial Expenses 7,300 7,300 0 0.00% Total Expenses 915,671 907,894 7,777 0.86% Surplus/(Deficit) (708,171) (620,394) (87,777) 14.15% 31 Page 318 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Taxation City General and Urban Service 71,409,310 70,486,052 923,258 1.31% Taxation Waste Management 7,802,601 7,465,141 337,460 4.52% Taxation Other Charges 1,150 11,000 (9,850)-89.55% Payment in Lieu of Taxation 7,291,411 7,178,041 113,370 1.58% Taxation 86,504,472 85,140,234 1,364,238 1.60% Provincial Grants 937,800 555,000 382,800 68.97% Casino 8,625,000 23,000,000 (14,375,000)-62.50% Investments 1,570,600 2,770,600 (1,200,000)-43.31% Licences 44,365 49,000 (4,635)-9.46% Other Revenue 3,259,250 4,770,250 (1,511,000)-31.68% Penalties and Interest 1,710,000 2,010,000 (300,000)-14.93% Provincial Offences Act 150,000 150,000 0 0.00% User Fees 245,000 245,000 0 0.00% Miscellaneous Revenue 15,604,215 32,994,850 (17,390,635)-52.71% Transfer from Special Purpose Reserves 600,000 600,000 0 0.00% Transfer from City Operating (Indirect Cos 572,746 380,790 191,956 50.41% Internal Transfers 1,172,746 980,790 191,956 19.57% TOTAL REVENUE 104,219,233 119,670,874 (15,451,641) -12.91% Financial Services Summary 32 Page 319 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Labour 2,141,316 2,060,184 81,132 3.94% Employee Benefits Allocation 603,563 592,313 11,250 1.90% Overtime 6,750 8,700 (1,950) -22.41% Labour and Benefits 2,751,629 2,661,197 90,432 3.40% Materials 547,900 547,952 (52) -0.01% Professional Development/Workshops 3,500 3,860 (360) -9.33% Insurance Premiums 236,079 190,078 46,001 24.20% Conferences/Conventions 9,950 10,550 (600) -5.69% Membership/Subscriptions 8,995 7,250 1,745 24.07% Office Supplies 21,800 21,800 0 0.00% Materials 828,224 781,490 46,734 5.98% Contracted Services 8,196,961 7,832,001 364,960 4.66% Rents and Financial Expenses 40,700 43,450 (2,750) -6.33% External Transfers 2,365,500 3,800,000 (1,434,500) -37.75% Internal Rent 12,938 13,553 (615) -4.54% Transfer to Capital 4,200,000 4,000,000 200,000 5.00% Transfer to Reserve Funds 2,730,000 17,105,000 (14,375,000) -84.04% Internal Transfers 6,942,938 21,118,553 (14,175,615) -67.12% Total Expenses 21,125,952 36,236,691 (15,110,739) -41.70% Surplus/(Deficit)83,093,281 83,434,183 (340,902) -0.41% Financial Services Summary - continued 33 Page 320 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Human Resource Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $ % REVENUES Other Revenue 150,000 150,000 0 0.00% TOTAL REVENUE 150,000 150,000 0 0.00% EXPENSES Labour 1,946,950 2,417,347 (470,397) -19.46% Employee Benefits Allocation 1,225,174 1,242,716 (17,542) -1.41% Overtime 500 500 0 0.00% Labour and Benefits 3,172,624 3,660,563 (487,939) -13.33% Materials 130,500 135,000 (4,500) -3.33% Professional Development/Workshops 70,000 76,000 (6,000) -7.89% Conferences/Conventions 3,000 4,000 (1,000) -25.00% Membership/Subscriptions 3,200 5,750 (2,550) -44.35% Office Supplies 6,700 6,700 0 0.00% Materials 213,400 227,450 (14,050) -6.18% Contracted Services 182,000 182,000 0 0.00% H&S Compliance 3,000 1,500 1,500 100.00% Contracted Services 185,000 183,500 1,500 0.82% Rents and Financial Expenses 0 0 0 #DIV/0! Internal Rent 0 0 0 #DIV/0! Total Expenses 3,571,024 4,071,513 (500,489) -12.29% Surplus/(Deficit) (3,421,024) (3,921,513) 500,489 -12.76% 34 Page 321 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Information Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $ % REVENUES Other Revenue 15,000 15,000 0 0.00% TOTAL REVENUE 15,000 15,000 0 0.00% EXPENSES Labour 1,151,042 1,096,199 54,843 5.00% Employee Benefits Allocation 324,103 294,873 29,230 9.91% Labour and Benefits 1,475,145 1,391,072 84,073 6.04% Materials 1,763,900 1,936,700 (172,800) -8.92% Professional Development/Workshops 10,000 20,000 (10,000) -50.00% Conferences/Conventions 3,500 7,500 (4,000) -53.33% Membership/Subscriptions 2,000 1,500 500 33.33% Office Supplies 2,500 2,500 0 0.00% Materials 1,781,900 1,968,200 (186,300) -9.47% Contracted Services 250 6,000 (5,750) -95.83% Rents and Financial Expenses 42,620 39,200 3,420 8.72% Total Expenses 3,299,915 3,404,472 (104,557) -3.07% Surplus/(Deficit) (3,284,915) (3,389,472) 104,557 -3.08% 35 Page 322 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Legal Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $ % REVENUES User Fees 82,000 82,000 0 0.00% TOTAL REVENUE 82,000 82,000 0 0.00% EXPENSES Labour 479,492 517,467 (37,975) -7.34% Employee Benefits Allocation 66,877 108,930 (42,053) -38.61% Labour and Benefits 546,369 626,397 (80,028) -12.78% Materials 32,500 66,000 (33,500) -50.76% Professional Development/Workshops 2,000 2,500 (500) -20.00% Conferences/Conventions 2,500 5,500 (3,000) -54.55% Membership/Subscriptions 11,500 23,500 (12,000) -51.06% Office Supplies 2,500 6,000 (3,500) -58.33% Materials 51,000 103,500 (52,500) -50.72% Contracted Services 333,500 250,000 83,500 33.40% Total Expenses 930,869 979,897 (49,028) -5.00% Surplus/(Deficit) (848,869) (897,897) 49,028 -5.46% 36 Page 323 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* +((* !" ##$ # % &!" !!#$ #% # &! %% # ' () ! %% (' &&" *( " #$ # # ! '## ' $$ # +,- % # ./0-.1( 23454, % # +,- % # 37 Page 324 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* ,((*!" #" $%&!" -((*' "' " "# "" $%&' "()*&(+, -./0/% $%& 38 Page 325 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* !"! +((*#! $ % & $ ! ' ()*#! % !"!!+,-*+./ 01232) % ()* % 39 Page 326 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* !"! +((*#! $ % & $ ! ' ()*#! % !"!!+,-*+./ 01232) % ()* % 40 Page 327 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !"#!# ,((*$# " # %&'$# !"#!##()*'(+, -./0/& %&' 41 Page 328 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* !! " +((*# $% & !$% $$ !$ $ "$! & ) ! ! &)**) '" !!% +' % & " ** ,-.# &*)& * !! " /01./2' 34565- &*)& * ,-. &*)& * 42 Page 329 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !"! ! ,((* # !"" $ #$% # &'( $# !"! !!)*+(),- ./010' $# &'( $# 43 Page 330 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+$((* +((* !"# $%& !"# '()&'*+ ,-./.%!"# $%& !"# 44 Page 331 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+$((* !!" # +((*$ % &''' ! % & ()*$ &&''' !!" # +,-*+./ &&''' ()* &&''' 45 Page 332 of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age 333 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' ''#!$# ''#( !" % &''#( # & $ # !$# # % '# "#!$# ##% "#( !""&& & "#( # # "#!$# && # "#( && # % &"- !$# ## %% "- ( !& && . #!$# ## % & ''# , "%& " , "!$# %% % "(# , "&& ''# , "!%& &"- , "! &%& "- , "!%%% ## ! " )*+( & %& ! "/0 +/12 34565*& &&%& & )*+ & &&%& & 47 Page 334 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* !"" +((* ! !#!$%$& '() !$%$& ,((*# ! * "! %% &% % " *! * % && " *! * $ ""* +* ** % $$$ ""* +* % % &""*# ! $$ && $""*#* %& & % $ + * +* * "* % & !* +* ** &$ % &% !*# !! % % !*#* % & $ * !* +* % * !*# % $ &* $% % $!, +* ** !,# $ %" ! & -* +* ** $ ""* ! % & ! ! +* % !#* ! && &""* ! $!, ! & &$$ !, ! $ $ %* ! ! %$ * ! !# & * ** +* ** %$ ** !" $ "!* !! '()# $% $& !""!./0).12 34565( '() 48 Page 335 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* !"#! $ +((*# %""&#&$ %'!&$ " '"$ $' ()*# ' !"#! $$+,-*+./ 01232)' ()* ' 49 Page 336 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !"# ,((*$ % #" % % % ##"& ' % % & &(" )#% * % )( (&##)' ' % % +"!!""'''' % &"# % * '*'*% % % #("* '* ' % %%%% % & #( ' ' % # !*%'% *'* % # ' **%%* % )#"&##*' '* * % ""&## *% % # " * * % # "% *'* *%*% ,-.$ '* '' !"# "/0 ./12 34565-'* '' ,-. '* '' 50 Page 337 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !"! ! +((* ! #$ %&&' (#$ !## % & (#! )*+ !% ,((*" ' ! ! ' ! ! )*+" !"! !!,- +,./ 01232* &' )*+ &' 51 Page 338 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((*!" " # ,((*$ # # %$ # #& #'' ()*$ #' '' -((*& + % ++ + % ' '& % # ' &#" "+'++'+ ' "#% ## ' ' " , ''+ ' '!& '# + '-%. " ' ' ()*& + + !" " # #/0 */12 34565)++ ()* ++ 52 Page 339 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+,((*! "!! # -((*# $ # " $ $ %% &'(# $ %% ,((*) *+) &'() ! "!! #$,- (,./ 01232'% &'( % 53 Page 340 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $++((*! " !#$" +((*% " $# &' &&' ($# "$$ '!(& ($" ((#")*" #" " & " $% " +,-% "& &'' ,((*! & $" " ' $ "'& +,-! '& ! " !#$""./ -.0* 12343,' ' +,- ' ' 54 Page 341 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $++$((* +((* ! "# $ %$ &"# !"" '$ &"! $ !!" ("&$$ !)(! &&#!,)! #!!$$ $ ! "! !(! $! " !% " -./ !$ '$ $ !01 /02) 34565.$ '$ $ -./ $ '$ $ 55 Page 342 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $++$((* ! "#" +((*$ " %& !%& "%% '#!' !%"'' "" % #%! "( # " ' !!&"+(" &" " " %" "#"'' , % , -./$ "', ' ! "#""01 /02( 34565.', ' -./ ', ' 56 Page 343 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* ! " # ,((*$# ! % & " ! # % " #& #'(# ""!#)'# !##& # #&*& #(# +,-$# * ! " ##./ -.0' 12343, * +,- * 57 Page 344 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+$((* ! ,((*" #$ %&'& ' #$ ##( # & ! )*+" &%%&' ' +((*! %',! (( )*+! (( ! -. +-/0 12343*%%&'% ' )*+ %%&'% ' 58 Page 345 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+$((*!"#$%$" "&"'" ,((*( " %# )%# "%%*+ )%" ,-.( "** * *+ !"#$%$" "&"'""/0 ./12 345 ** * *+ ,-. ** * *+ 59 Page 346 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !" ,((*#$ "% $" &!& $ '( ( $$! !",,' (&-$"!( ./0#$ !"$12 013) 45676/ ./0 60 Page 347 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !" # ,((*$# !#% % &&& !" # '()$# !" ##*+ )*,- ./010( '() 61 Page 348 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $++((* ,((* ! " #$ % " ! && &'%## %%"!()! "!!## # ! !# *+, ! & -& !./ ,.0) 12343+ & -& *+, & -& 62 Page 349 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+,$((* ! " ,((*# $% &'('' $% $$ ' ) $ & $ "$ " ' '&)) & *" &)& % ,* % & & $ && " & -./# &&&' ! " 01 /02* 34565.&&&' -./ &&&' 63 Page 350 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+,((* !"#" ,((*$" %" "#" &' ( (" %$"' ) *+,$" && +((*# &) # ( *+,# ( !"#""-. ,-/0 12343+ & *+, & 64 Page 351 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+,,((* ! ! ,((*"! #!$ ! !%&& $ ! !' ()*"! $$ $ +((* %&+ $ ()* $ ! !!,- *,./ 01232) $ ()* $ 65 Page 352 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* ! ,((*" # $%%&$'$ ( # '' $$ % ( &'' & ! (& )! &&& ((# ,) # & & & &' ! && -./" % '%%$% %$ +((*! $ -./! ! 01 /02) 34565. '% %$ %$ -./ '% %$ %$ 66 Page 353 of 819 Index FIRE SERVICES Summary of Fire Services Fire Services Fire Suppression Fire Training Fire Prevention Services Fire Communication Services Fire Facilities Service Fire Administration (0 Pages) Emergency Measures Services Policing Services Page 354 of 819 FIRE SERVICES Summaries Fire Services Policing The following responsibility centres are included in the above noted summaries: Fire Services 211000 Fire Suppression Services 212000 Fire Training Services 213000 Fire Prevention Services 214000 Fire Communication Services 215000 Fire Facilities 219000 Fire Other Services 230000 Emergency Measures Policing Services 220000 Policing 67 Page 355 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Fire Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 0 13,200 (13,200)(100.00%) Sales 10,000 10,000 0 0.00% User Fees 24,000 24,000 0 0.00% Miscellaneous Revenue 34,000 47,200 (13,200)(27.97%) TOTAL REVENUE 34,000 47,200 (13,200)(27.97%) EXPENSES Labour 16,474,426 15,692,521 781,905 4.98% Employee Benefits Allocation 3,630,053 3,435,013 195,040 5.68% Overtime 431,500 431,500 0 0.00% Labour and Benefits 20,535,979 19,559,034 976,945 4.99% Materials 1,343,311 1,336,111 7,200 0.54% Professional Development/Workshops 65,100 50,100 15,000 29.94% Insurance Premiums 44,313 40,899 3,414 8.35% Conferences/Conventions 22,500 22,500 0 0.00% Goods for Resale 10,000 10,000 0 0.00% Membership/Subscriptions 9,800 9,800 0 0.00% Office Supplies 12,500 12,500 0 0.00% Electricity 117,200 82,800 34,400 41.55% Water 23,350 16,950 6,400 37.76% Natural Gas 44,200 37,200 7,000 18.82% Materials 1,692,274 1,618,860 73,414 4.53% Contracted Services 129,800 127,000 2,800 2.20% Snow Plowing 15,000 15,000 0 0.00% Contracted Services 144,800 142,000 2,800 1.97% Rents and Financial Expenses 193,500 208,500 (15,000) (7.19%) Long Term Interest 8,524 22,401 (13,877) (61.95%) Long Term Debt Principal 355,311 342,358 12,953 3.78% Debt Charges 363,835 364,759 (924) (0.25%) Internal Rent 1,005,938 832,108 173,830 20.89% TOTAL EXPENSES 23,936,326 22,725,261 1,211,065 5.33% Surplus/(Deficit) (23,902,326) (22,678,061) (1,224,265) 5.40% 68 Page 356 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Policing Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES From Reserve Funds 1,575,000 0 1,575,000 #DIV/0! From Special Purpose Reserves 0 4,200,000 (4,200,000) (100.00%) Internal Transfers 1,575,000 4,200,000 (2,625,000) (62.50%) TOTAL REVENUE 1,575,000 4,200,000 (2,625,000) (62.50%) EXPENSES Contracted Services 1,575,000 4,200,000 (2,625,000) (62.50%) TOTAL EXPENSES 1,575,000 4,200,000 (2,625,000) (62.50%) Surplus/(Deficit) 0 0 0 #DIV/0! 69 Page 357 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* ! +((*" #$ %%%& ' (#$ ## ' '% !(' ' (# & & & ( ( %% ! ' ' % # '% )*+" &%&'% & ,((*! & )*+! ! ,- +,./ 01232*&%&' & )*+ &%&' & 70 Page 358 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* ! +((*" #$ % & '#$ ##% & & !'( ( '# &(&( ( # !#' )! ( ( ,-." (( % ! /0 ./1) 23454-(( % ,-. (( % 71 Page 359 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* ! "!" +((*# " $% & '$% "$$ (& !' '$"& ( " "$ " $"( ( "!" " $# " )*+# " (& ,((*! ( " " (( "$" )*+! ! "!"",- +,./ 01232* &((& )*+ &((& 72 Page 360 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* !! ""#" ,((*$ " %& ' !%& "%% ('( ' #! % ! " !%" "#" " %$ " ' ( % ! & % )*+$ "' !! ""#"",- +,./ 01232*' )*+ ' 73 Page 361 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* !" +((*# " $!" %!% &' & ! " % % " $ $"%& "(" %" '!' " !# " & & )*+# " %%& & !"",- +,./ 01232* %%& & )*+ %%& & 74 Page 362 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $+((* ! "#" ,((*$ " %& ' ''((' !%& "%%'('('' !%"' ' ( " ! !" !!&")*" &" " ' " %" (' (' '+"& ,-.$ "'''(' -((*# ( )# ,-.# ! "#""/0 ./1* 23454-'''('( ,-. '''('( 75 Page 363 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +((*! !" " +((*# " !$" % "" $ &$! *+,# "% % ! !" ""-. ,-/' 01232+% % *+, % % 76 Page 364 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ((* +((* ! !"!## $%& !## ,((*" '!" !## '! !! $%&" ## !()*&(+, -./0/% $%& 77 Page 365 of 819 Index MUNICIPAL WORKS SERVICES Summary of Municipal Works Roadway Services Paved Surface Maintenance Roadway(0 Pages) Unpaved Surface Maintenance Roadway (0 Pages) Sidewalk Maintenance Roadway (0 Pages) Drainage Ditch, Culvert Maintenance Services Roadside Maintenance Services Forestry Other Roadway Services Winter Control Services Paved Surface Maintenance Winter Control (1 Page) Sidewalk Maintenance Winter Control (1 Page) Street Lighting Services Street Lighting Maintenance Services Street Lighting Power Charges Engineering Services Engineering Administration Services Infrastructure Services Development Services Engineering, Project and Construction Services (0 Pages) Fleet Services Fleet Services Storm Sewer Services Storm Sewer System Maintenance Services Pest Control Services Page 366 of 819 MUNICIPAL WORKS SERVICES Summaries Roadway Services Winter Control Services Street Lighting Services Engineering Services Fleet Services Storm Sewer Services Pest Control Services The following responsibility centres are included in the above noted summaries: Roadway Services 311000 Paved Surface Maint Roadway 312000 Unpaved Surface Maint Roadway 313000 Sidewalk Maint Roadway 314000 Drainage Ditch Culvert Maint Services 315000 Roadside Maintenance 316000 Forestry 319000 Other Roadway Services Winter Control Services 321000 Paved Surface Maint Winter Control 323000 Sidewalk Maint Winter Control Streetlighting Services 351000 Street Lighting Maint Services 352000 Street Lighting Power Charges Engineering Services 371010 Engineering Administration Services 371040 Infrastructure Services 372000 Development Services 373000 Engineering, Project and Construction Sv Fleet Services 374000 Fleet Services Storm Sewer Maintenance Services 421000 Storm Sewer System Maintenance Services Pest Control Services 229005 Pest Control Services 78 Page 367 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Roadway Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Grants 55,000 55,000 0 0.00% Other Revenue 110,000 110,000 0 0.00% User Fees 31,000 31,000 0 0.00% Miscellaneous Revenue 141,000 141,000 0 0.00% TOTAL REVENUE 196,000 196,000 0 0.00% EXPENSES Labour 3,730,036 3,749,047 (19,011) (0.51%) Employee Benefits Allocation 992,883 1,000,679 (7,796) (0.78%) Overtime 95,500 102,100 (6,600) (6.46%) Labour and Benefits 4,818,419 4,851,826 (33,407) (0.69%) Materials 474,358 468,919 5,439 1.16% Professional Development/Workshops 23,100 20,790 2,310 11.11% Insurance Premiums 579,542 524,066 55,476 10.59% Conferences/Conventions 0 5,000 (5,000) (100.00%) Membership/Subscriptions 2,550 1,075 1,475 137.21% Office Supplies 6,000 6,000 0 0.00% Water 8,700 7,000 1,700 24.29% Materials 1,094,250 1,032,850 61,400 5.94% Contracted Services 1,247,000 1,127,700 119,300 10.58% Rents and Financial Expenses 37,000 9,500 27,500 289.47% Internal Rent 1,352,229 1,142,332 209,897 18.37% TOTAL EXPENSES 8,548,898 8,164,208 384,690 4.71% Surplus/(Deficit) (8,352,898) (7,968,208) (384,690) 4.83% 79 Page 368 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Winter Control Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 35,000 35,000 0 0.00% TOTAL REVENUE 35,000 35,000 0 0.00% EXPENSES Labour 1,351,099 1,406,284 (55,185) (3.92%) Employee Benefits Allocation 400,154 372,917 27,237 7.30% Overtime 145,000 145,000 0 0.00% Labour and Benefits 1,896,253 1,924,201 (27,948) (1.45%) Materials 696,900 696,839 61 0.01% Professional Development/Workshops 26,000 20,520 5,480 26.71% Materials 722,900 717,359 5,541 0.77% Contracted Services 428,000 167,600 260,400 155.37% Rents and Financial Expenses 156,000 173,000 (17,000) (9.83%) Internal Rent 1,028,761 803,351 225,410 28.06% TOTAL EXPENSES 4,231,914 3,785,511 446,403 11.79% Surplus/(Deficit) (4,196,914) (3,750,511) (446,403) 11.90% 80 Page 369 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Streetlighting Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 24,000 24,000 0 0.00% User Fees 0 10,000 (10,000) (100.00%) Miscellaneous Revenue 24,000 34,000 (10,000) (29.41%) TOTAL REVENUE 24,000 34,000 (10,000) (29.41%) EXPENSES Materials 25,000 25,000 0 0.00% Electricity 756,200 728,600 27,600 3.79% Materials 781,200 753,600 27,600 3.66% Contracted Services 470,000 442,700 27,300 6.17% Long Term Interest 17,316 19,505 (2,189) (11.22%) Long Term Debt Principal 144,771 142,688 2,083 1.46% Debt Charges 162,087 162,193 (106) (0.07%) TOTAL EXPENSES 1,413,287 1,358,493 54,794 4.03% Surplus/(Deficit) (1,389,287) (1,324,493) (64,794) 4.89% 81 Page 370 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Engineering Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 1,161,920 801,100 360,820 45.04% User Fees 1,000 5,500 (4,500) (81.82%) Miscellaneous Revenue 1,162,920 806,600 356,320 44.18% TOTAL REVENUE 1,162,920 806,600 356,320 44.18% EXPENSES Labour 2,086,602 2,032,202 54,400 2.68% Employee Benefits Allocation 569,921 508,724 61,197 12.03% Overtime 33,628 30,024 3,604 12.00% Labour and Benefits 2,690,151 2,570,950 119,201 4.64% Materials 39,045 42,695 (3,650) (8.55%) Professional Development/Workshops 29,305 40,060 (10,755) (26.85%) Conferences/Conventions 18,340 15,345 2,995 19.52% Membership/Subscriptions 16,288 13,478 2,810 20.85% Office Supplies 7,500 8,000 (500) (6.25%) Materials 110,478 119,578 (9,100) (7.61%) Contracted Services 615,920 466,300 149,620 32.09% Internal Rent 57,660 58,184 (524) (0.90%) Transfer to Capital (955,012) (771,561) (183,451) 23.78% Internal Transfers (897,352) (713,377) (183,975) 25.79% TOTAL EXPENSES 2,519,197 2,443,451 75,746 3.10% Surplus/(Deficit) (1,356,277) (1,636,851) 280,574 (17.14%) 82 Page 371 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Fleet Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Transfer from City Operating (Internal Ren 4,988,268 4,329,499 658,769 15.22% TOTAL REVENUE 4,988,268 4,329,499 658,769 15.22% EXPENSES Labour 992,403 980,704 11,699 1.19% Employee Benefits Allocation 287,396 280,647 6,749 2.40% Overtime 35,000 38,000 (3,000) (7.89%) Labour and Benefits 1,314,799 1,299,351 15,448 1.19% Materials 1,482,300 1,482,300 0 0.00% Professional Development/Workshops 8,000 8,000 0 0.00% Insurance Premiums 140,557 129,268 11,289 8.73% Membership/Subscriptions 2,800 2,800 0 0.00% Office Supplies 300 300 0 0.00% Materials 1,633,957 1,622,668 11,289 0.70% Contracted Services 290,500 290,500 0 0.00% Rents and Financial Expenses 28,800 28,800 0 0.00% Internal Rent 162,107 89,011 73,096 82.12% Transfer to Special Purpose Reserves 1,558,105 999,169 558,936 55.94% Internal Transfers 1,720,212 1,088,180 632,032 58.08% TOTAL EXPENSES 4,988,268 4,329,499 658,769 15.22% Surplus/(Deficit) 0 0 0 #DIV/0! 83 Page 372 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Storm Sewer Maintenance Services Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Transfer from Development Charges 1,663 1,663 0 0.00% Internal Transfers 1,663 1,663 0 0.00% TOTAL REVENUE 1,663 1,663 0 0.00% EXPENSES Labour 198,364 182,761 15,603 8.54% Employee Benefits Allocation 58,266 47,718 10,548 22.10% Overtime 2,500 2,500 0 0.00% Labour and Benefits 259,130 232,979 26,151 11.22% Materials 33,000 25,000 8,000 32.00% Contracted Services 147,500 138,000 9,500 6.88% Rents and Financial Expenses 3,500 3,500 0 0.00% Long Term Interest 0 4,956 (4,956) (100.00%) Long Term Debt Principal 0 214,304 (214,304) (100.00%) Debt Charges 0 219,260 (219,260) (100.00%) Internal Rent 26,242 28,825 (2,583) (8.96%) TOTAL EXPENSES 469,372 647,564 (178,192) (27.52%) Surplus/(Deficit) (467,709) (645,901) 178,192 (27.59%) 84 Page 373 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Pest Control Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Transfer from Reserve Funds 11,000 0 11,000 #DIV/0! TOTAL REVENUE 11,000 0 11,000 #DIV/0! EXPENSES Contracted Services 6,500 6,500 0 0.00% Rents and Financial Expenses 11,000 0 11,000 #DIV/0! TOTAL EXPENSES 17,500 6,500 11,000 169.23% Surplus/(Deficit) (6,500) (6,500) 0 0.00% 85 Page 374 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$$((* ! " # +((*$! %& ''((' ) "%& !%%) ) ) "' "%! ! ! )' ' ! %$! (' ( %)) *+,$!() ('' ,((* ! !) ) *+, ) ) ! " #!-. ,-/0 12343+() ((' *+, () ((' 86 Page 375 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((* ! " # +((*$! %& '(() "%& !%% ( " "%! ! !( ) %)' *+,$!(( '' ,((* (' !'' '' *+, '' '' ! " #!-. ,-/0 12343+ ' ' *+, ' ' 87 Page 376 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$+((* !"#$ ! +((*% "& '(' '' $"& "" ( ()$* * $" ) ' * * "% * ' " ** ( '* +,-% ' (' ' ,((*) * * +,-) * * !"#$ ! ./ -.01 23454,' ((' +,- ' ((' 88 Page 377 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$,((* !"#$"$ +((*%$ !& '( #!& $!! ( ( '"# ' #!$ $"$ ( ! )) *+,%$' !"#$"$$-. ,-/0 12343+' *+, ' 89 Page 378 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((* ! " +((*# ! $% && "$% !$$&& &'" "$! (& () !'!( ( $ (( & *+,# ! &&(& ! " !-. ,-/0 12343+ &&(& *+, &&(& 90 Page 379 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +$,((* " +((*# " $ % &$% " $$ ' '' (& & $" !"(" ' $ '''' )*+# " '' -((*( ' ,( )*+( ""-. +-/0!12343*' '' )*+ !' '' 91 Page 380 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +$,((*" !# $%$ +((*& $ ' ( )'( $ '' *%) ) '$ $$ '!%') $ ) )$ ** $+ % $ ))($"+$ ($ $ $ '$* * #$( !$%$ ' -./& $ * * " !# $%$$01 /02+!34565. * * -./ ! * * 92 Page 381 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((*! " # $ % +((*& " %' () #%' "%% ) ) !# #%" ( ( ( "" % !%# ( "!") ( " %& "( ) % ) ) ) ,-.& " )( ,((*! ) /! ( ( ,-.! ( ( ! " # $ %"01 .02* 34565- ( ,-. ( 93 Page 382 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++((*! "#$% " # +((*& ! #' ()) %#' !## ( *%) ) %#!( ( !*! ( # (( +,-& !) ! "#$% " #!./ -.01 23454,) +,- ) 94 Page 383 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((*!" # $ !%! +((*& ! $"! " !%! '()& !*+ +* ,((*% ! ! * #% '()% " # $ !%!!,- ),./ 0123 '() 95 Page 384 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +((*!" # $# ! +((*% ! " & !'( " ' " & ) "' *+,% !(' (( !" # $# !!-. ,-/0 12343+(' (( *+, (' (( 96 Page 385 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$$((* !!"! +((*#! $% & $% !$$&' & &" ( $!( ( !!$ "$ ' ( & !)"! (( %!,)! %!!& ( ! $!( !"!( ( ( -./#!&'(' &' -((*" ! ! (( -./" (( !!"!!01 /02) 34565 & ('' -./ & ('' 97 Page 386 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$-((* ! +((*" #$ %& ' (#$ ##' '&& &!( (# ' ! ' )*+" ! ,- +,./ 01232* )*+ 98 Page 387 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((* !"# $!$ +((*% $ "& '(( #"& $"" (' '( (!# #"$ $!$(' ( " ' )*+% $ ''' -((*! ,! ( )*+! ( !"# $!$$-. +-/0 12343*'( ('( )*+ '( ('( 99 Page 388 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,+((* ! !" +((*# ! $% & '$% !$$&& &"'(( & '$!&(( !"!& & $ (( (& $ (&& ( )*+# ! ! !"!,- +,./ )*+ 100 Page 389 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-((* !"! +((*#! $ %% % & $ ! %' ' '"&( & ! ( !! " & ! & &! ((%' &&$!,)! $!! ( ! ! !"!% ( % ( ( ! #! (! !!"(( (%%%'% % ' % -./#!% ' %%% -((*" ! ! &% ' %%% -./" % ' %%% !"!!01 /02) 34565. -./ 101 Page 390 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((* !! ! " ,((*# $% & ' ' !$% $$( '' ')!( ( $ ! &(' !$ ( ) ( ( $# ( ( $ ! %$ & $' ( *+,# '&'(' +((*) & ! )$!- '''' *+,) '''' !! ! " ./ ,.01 23454+' &'(& *+, ' &'(& 102 Page 391 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +((*" #"$" ,((*% " !"$"& & " ! #% " '()% " & -((*$ *"$ !" '()$ " #"$""+, )+-.!/0121(& & '() !& & 103 Page 392 of 819 Index MUNICIPAL WORKS - CEMETERIES, PARKS & LANDSCAPE Summary of Cemeteries, Parks & Landscape Design Cemeteries Services Cemeteries Ground Maint Services Cemetery Facilities Cemeteries Burial Services Cemetery Development Cemetery Administration Parks Services Parks Grounds Maint Services Athletic Fields Maint Services Landscape Design Page 393 of 819 MUNICIPAL WORKS - CEMETERIES, PARKS AND LANDSCAPE Summaries Cemeteries Services Parks Landscape Design Services The following responsibility centres are included in the above noted summaries: Cemeteries Services 541000 Cemeteries Grounds Maint Services 543000 Cemetery Facilities 544000 Cemeteries Burial Services 545000 Cemetery Development 549000 Cemetery Administration Parks Services 711000 Parks Grounds Maintenance Services 713000 Athletic Fields Maintenance Services Landscape Design Services 763000 Landscape Design Services 104 Page 394 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Cemeteries Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Donations 25,000 15,000 10,000 66.67% Investments 170,000 170,000 0 0.00% Service Charges 3,250 6,250 (3,000) (48.00%) Sales 251,700 201,700 50,000 24.79% User Fees 475,000 425,000 50,000 11.76% Miscellaneous Revenue 924,950 817,950 107,000 13.08% TOTAL REVENUE 924,950 817,950 107,000 13.08% EXPENSES Labour 1,012,494 1,045,042 (32,548) (3.11%) Employee Benefits Allocation 287,290 292,980 (5,690) (1.94%) Overtime 29,500 29,000 500 1.72% Labour and Benefits 1,329,284 1,367,022 (37,738) (2.76%) Materials 172,000 156,275 15,725 10.06% Professional Development/Workshops 5,500 7,000 (1,500) (21.43%) Insurance Premiums 9,753 8,684 1,069 12.31% Conferences/Conventions 5,000 5,060 (60) (1.19%) Goods for Resale 23,700 18,700 5,000 26.74% Membership/Subscriptions 1,000 1,000 0 0.00% Office Supplies 3,000 2,000 1,000 50.00% Electricity 11,400 11,400 0 0.00% Water 9,560 9,050 510 5.64% Natural Gas 15,100 15,100 0 0.00% Materials 256,013 234,269 21,744 9.28% Contracted Services 180,120 170,202 9,918 5.83% H & S Compliance 3,500 3,500 0 0.00% Contracted Services 183,620 173,702 9,918 5.71% Rents and Financial Expenses 36,000 29,000 7,000 24.14% Internal Rent 213,693 183,789 29,904 16.27% TOTAL EXPENSES 2,018,610 1,987,782 30,828 1.55% Surplus/(Deficit) (1,093,660) (1,169,832) 76,172 (6.51%) 105 Page 395 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Parks Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 25,000 25,000 0 0.00% User Fees 42,750 57,000 (14,250) (25.00%) Miscellaneous Revenue 67,750 82,000 (14,250) (17.38%) Transfer from Reserve Funds 0 5,000 (5,000) (100.00%) TOTAL REVENUE 67,750 87,000 (19,250) (22.13%) EXPENSES Labour 1,105,101 1,103,484 1,617 0.15% Employee Benefits Allocation 274,036 257,196 16,840 6.55% Overtime 20,000 20,000 0 0.00% Labour and Benefits 1,399,137 1,380,680 18,457 1.34% Insurance Premiums 38,014 27,991 10,023 35.81% Materials 258,142 258,142 0 0.00% Professional Development/Workshops 6,000 5,693 307 5.39% Membership/Subscriptions 1,800 1,200 600 50.00% Office Supplies 250 250 0 0.00% Electricity 66,600 65,800 800 1.22% Water 193,630 176,890 16,740 9.46% Natural Gas 3,400 2,800 600 21.43% Materials 567,836 538,766 29,070 5.40% Contracted Services 241,800 241,420 380 0.16% Fees for Service 20,750 20,750 0 0.00% Contracted Services 262,550 262,170 380 0.14% Rents and Financial Expenses 12,146 12,146 0 0.00% Long Term Interest 1,401 3,684 (2,283) (61.97%) Long Term Debt Principal 58,432 56,301 2,131 3.79% Debt Charges 59,833 59,985 (152) (0.25%) Internal Rent 244,603 290,466 (45,863) (15.79%) TOTAL EXPENSES 2,546,105 2,544,213 1,892 0.07% Surplus/(Deficit) (2,478,355) (2,457,213) (21,142) 0.86% 106 Page 396 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Landscape Design Services Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Labour 206,012 200,259 5,753 2.87% Employee Benefits Allocation 53,138 49,860 3,278 6.57% Labour and Benefits 259,150 250,119 9,031 3.61% Materials 3,000 3,600 (600) (16.67%) Membership/Subscriptions 4,475 4,325 150 3.47% Materials 7,475 7,925 (450) (5.68%) Contracted Services 25,000 25,000 0 0.00% Transfer to Capital (233,284) (227,917) (5,367) 2.35% TOTAL EXPENSES 58,341 55,127 3,214 5.83% Surplus/(Deficit) (58,341) (55,127) (3,214) 5.83% 107 Page 397 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((*!" "! "#" ,((*$ " %& ' !%& "%%((''(' '' #! !%" (' "#" '' " %$ " ( % ( ' )*+$ " ' '' +((*# ' " " ' #"! !' ' '' "%"' ' )*+# ' ' !" "! "#"",- +,./ 01232*(('' )*+ (('' 108 Page 398 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((*! "# ,((*$ # !"# % " &' ' " # #(# % )*#!" +,-$ # % ! "##./ -.01 23454, % +,- % 109 Page 399 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++((*!"# $"%" ,((*& " $# '( ' !$# "$$(' %! !$" ' ' " "$' ' $# #)" " $& " ( $ ' *+,& "' ''(' +((*% ' "%- " ' " " ' ' " '' "$" *+,% ' ( !"# $"%""./ ,.01 23454+'' *+, '' 110 Page 400 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +((*! "#! ,((*$ % !#%& & '()$ %& & ! "#! %*+ )*,- ./010(& & '() & & 111 Page 401 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,((*" !" # -((*$ # % & "%& # %% ' (" " %# ## %!(%" ' ' # " "#' #) ( # ""&#,)# &# # # %# % ' -./$ #'' " !" # #01 /02)!34565.'' -./ !'' 112 Page 402 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +$$((* "# !#$ #%# ,((*& # ' ( )) $'( # '' ) %$ ' $ # $ '# ' )* ) ) ' # # $ $# !#%# # #% # ! '& # ' $!( ' ) ' ))) +,-& # -((*% $#% !# ) .% +,-% "# !#$ #%##/0 -/12!34565, +,- ! 113 Page 403 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$,((*!" " #$ #%# ,((*& # "' ( (( $"' #"" () ( %$ $"# ) ) ( ## " %"$ () # $ $# $$'#!*# '# # ( # "#( ( #%# ) " ()) -./& #)) ) -((*% # # ( ( -./% ( ( !" " #$ #%##01 /02* 3456 ( ( ) -./ ( ( ) 114 Page 404 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-((*! " " "#" -((*$ " !% &' (!% "!!& ' (!" ((%")*" %" " & & "#"& & ! ' +,-$ "& && ! " " "#""./ -.0* 12343,& && +,- & && 115 Page 405 of 819 Index TRANSPORTATION SERVICES Summary of Transportation Services Transit Services Transit Maintenance Transit Outside Services Transit Operations Niagara Chair A Van Services Transit Facilities (0 Pages) Inter-Municipal Transit (0 Pages) WEGO Transportation System (0 Pages) Transit Administration Traffic Services Traffic Control Services Traffic Signs Traffic Signals Transportation Planning Services Railway Maintenance Transportation Administration Page 406 of 819 TRANSPORTATION SERVICES Summaries Transit Services Traffic Services Railway Maintenance Transportation Planning Services Transportation Administration The following responsibility centres are included in the above noted summaries: Transit Services 331000 Transit Maintenance 331500 Transit Outside Services 332000 Transit Operations 333000 Chair-A-Van Services 335000 Transit Facilities 336000 Inter-Municipal Transit 336500 WEGO Transportation System 339000 Transit Administration Traffic Services 342010 Traffic Control Services 342015 Traffic Signs 342020 Traffic Signals Railway Maintenance 342025 Railway Maintenance Transportation Planning Services 342030 Transportation Planning Services Transportation Administration 349000 Transportation Administration 116 Page 407 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Transit Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Provincial Grants 819,110 0 819,110 #DIV/0! Other Municipalities 2,561,800 3,305,500 (743,700) (22.50%) Other Revenue 1,604,417 1,610,017 (5,600) (0.35%) Rents 47,720 58,101 (10,381) (17.87%) Sales 175,500 771,500 (596,000) (77.25%) User Fees 1,163,800 2,452,000 (1,288,200) (52.54%) Miscellaneous Revenue 2,991,437 4,891,618 (1,900,181) (38.85%) Transfer from Reserve Funds 706,686 706,686 0 0.00% Transfer from Gas Tax Reserve Fund 532,000 532,000 0 0.00% Internal Transfers 1,238,686 1,238,686 0 0.00% TOTAL REVENUE 7,611,033 9,435,804 (1,824,771) (19.34%) 117 Page 408 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Transit Services Summary - continued Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Labour 7,806,206 7,767,043 39,163 0.50% Employee Benefits Allocation 2,480,804 2,359,413 121,391 5.14% Overtime 170,000 195,500 (25,500) (13.04%) Labour and Benefits 10,457,010 10,321,956 135,054 1.31% Materials 3,186,163 3,308,900 (122,737) (3.71%) Professional Development/Workshops 55,000 44,000 11,000 25.00% Advertising/News Release 32,000 32,000 0 0.00% Insurance Premiums 726,406 565,322 161,084 28.49% Goods for Resale 164,000 735,000 (571,000) (77.69%) Electricity 290,400 292,400 (2,000) (0.68%) Water 39,470 40,110 (640) (1.60%) Natural Gas 109,600 108,000 1,600 1.48% Conferences/Conventions 1,500 0 1,500 #DIV/0! Membership/Subscriptions 12,150 0 12,150 #DIV/0! Office Supplies 9,000 0 9,000 #DIV/0! Materials 4,625,689 5,125,732 (500,043) (9.76%) Contracted Services 960,000 931,200 28,800 3.09% H & S Compliance 3,500 3,500 0 0.00% Snow Plowing 40,000 40,000 0 0.00% Fees for Service 646,757 640,386 6,371 0.99% Contracted Services 1,650,257 1,615,086 35,171 2.18% Rents and Financial Expenses 43,900 44,100 (200) (0.45%) Transfer to Capital 196,667 196,667 0 0.00% Internal Transfers 196,667 196,667 0 0.00% TOTAL EXPENSES 16,973,523 17,303,541 (330,018) (1.91%) Surplus/(Deficit) (9,362,490) (7,867,737) (1,494,753) 19.00% 118 Page 409 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Traffic Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 41,000 41,000 0 0.00% Permits 2,000 2,000 0 0.00% Miscellaneous Revenue 43,000 43,000 0 0.00% TOTAL REVENUE 43,000 43,000 0 0.00% EXPENSES Labour 1,284,683 1,186,515 98,168 8.27% Employee Benefits Allocation 233,989 229,034 4,955 2.16% Overtime 14,000 11,000 3,000 27.27% Labour and Benefits 1,532,672 1,426,549 106,123 7.44% Materials 170,680 169,950 730 0.43% Professional Development/Workshops 7,423 6,510 913 14.02% Conferences/Conventions 8,500 4,000 4,500 112.50% Membership/Subscriptions 3,350 1,750 1,600 91.43% Electricity 40,400 41,500 (1,100) (2.65%) Materials 230,353 223,710 6,643 2.97% Contracted Services 542,300 536,300 6,000 1.12% Contracted Services 542,300 536,300 6,000 1.12% Internal Rent 68,845 64,297 4,548 7.07% TOTAL EXPENSES 2,374,170 2,250,856 123,314 5.48% Surplus/(Deficit) (2,331,170) (2,207,856) (123,314) 5.59% 119 Page 410 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Railway Maintenance Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Contracted Services 72,000 55,000 17,000 30.91% TOTAL EXPENSES 72,000 55,000 17,000 30.91% Surplus/(Deficit)(72,000) (55,000) (17,000)30.91% Transportation Planning Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Materials 1,000 1,000 0 0.00% Contracted Services 90,000 90,000 0 0.00% TOTAL EXPENSES 91,000 91,000 0 0.00% Surplus/(Deficit)(91,000) (91,000) 0 0.00% Transportation Administration Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Labour 0 277,620 (277,620) (100.00%) Employee Benefits Allocation 0 72,106 (72,106) (100.00%) Overtime 0 0 0 #DIV/0! Labour and Benefits 0 349,726 (349,726) (100.00%) Materials 0 68,063 (68,063) (100.00%) Professional Development/Workshops 0 2,000 (2,000) (100.00%) Conferences/Conventions 0 9,000 (9,000) (100.00%) Membership/Subscriptions 0 14,400 (14,400)(100.00%) Office Supplies 0 9,000 (9,000) (100.00%) Materials 0 102,463 (102,463) (100.00%) TOTAL EXPENSES 0 452,189 (452,189) (100.00%) Surplus/(Deficit) 0 (452,189) 452,189 (100.00%) /I //////////////////// 120 Page 411 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++$((* ! +((*" #$ %& & &% !#$ ##' & &(!' ' !# % & # (#! ' #& ( & ,-." ' % ' % ,((*( '' # ,-.( ! /0 ./1) 23454- ' % % ,-. ' % % 121 Page 412 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++$((* ! +((*" #$ %&&' (#$ ##%&' % ' ' #% ' )*+" ' &% ,((*! '' # # ' '' )*+! ' '' ! ,- +,./ 01232* && )*+ && 122 Page 413 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++((* +((* ! "" " #$ % ! "&$##"" "'%&# % & & # ' %$ # ' () & % % & " $ * %%&# ' $ # " +,- #&# "&"& ,((*' "# $ & ' & & "" &# & # & (' & . $ & * ## &$ " & $" # & #" &# & (' "$" &" . & % ' # # &$.' $# +,-' # " $&$ /01-/2( 34565, $#& " "& +,- $#& " "& 123 Page 414 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +++((* !"!" +((*#" $% &'&(( )$% "$$&' ' )$" (" ) )" & ( $ "!"'( & & " "!&&((& & *+,#" ' ( '( ,((*! ( "" " & *+,! & !"!""-. ,-/0 12343+ ( ( ' '( *+, ( ( ' '( 124 Page 415 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++((* ! "! +((*# ! $"! %"& & &'&% " ! & % ! $ $! !(!& )*!$" %! '"' ! "# ! "& %& % +,-# ! &&& ,((*( & !%% %& )( % % +,-( %%% ! "!!./ -.01 23454,%&% +,- %&% 125 Page 416 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! ++,((* " # $ +((*% $ # & "#& $ ## '' (" " #$' $ " "$' # !$($ )*+% $ ' -((*( ," #$ $ # $-$ )*+( " # $$./ +.01!23454* '' )*+ ! '' 126 Page 417 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++,((*! " ""# +((*$ " %& #%& "%% '# #%" '" ( !"%" ) " # #" ) ) %* "'" ) +,-$ "**)*) -((*' ) ).' . ) #"' ") ) )* .' ) ) +,-' * * ! " ""#"/0 -/1( 23454, **** +,- **** 127 Page 418 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ++,((* ! " ! +((*# ! $% & "$% !$$ & " $! !! $ '$" !( ' ! ""%!+ (! %! ! ! $! )!%,, -./# ! ! " ! !01 /02( 34565. -./ 128 Page 419 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((* !"#" +((*$ " !% & '!% "!!& ( #' '!" & & "" ! #!' ( ") # " ''%",)" %" " ( "#"( & ! &( -./$ " &(((& ,((*# '" (& ,# -./# !"#""01 /02) 34565. (( && -./ (( && 129 Page 420 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((* ! ! +((*" ! #$ %%%& '#$ !##&% &%& (' '#! !(! % # )*+" !%% ,((*( &% ,( )*+( ! !!-. +-/0 12343* % )*+ % 130 Page 421 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((* ! "! +((*# ! " !$! %&'# !( (( ! "!!)* ')+, -./0/&( (( %&' ( (( 131 Page 422 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,+((* ! +((*" #! $ % % &'(" % % ! )* ()+, -./0/'% % &'( % % 132 Page 423 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((*!"# +((*$ % %&%' ()*$ %' !"# %+, *+-. /0121)' ()* ' 133 Page 424 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-((* ! " ! +((*# ! $% &&' "$% !$$ & ' "$! !! $ ($" !) ( ! ""%!,)! %! ! ! $! *!% '' -./# ! ! " ! !01 /02) 34565. -./ 134 Page 425 of 819 Index RECREATION AND CULTURE SERVICES Summary of Recreation & Culture Services Recreation Programs Pools Programs Coronation Centre Coronation Centre Cafe Other Recreation Programs Canada Day Santa Claus Parade Sports Wall of Fame Farmer's Market Special Events (0 Pages) Recreation Facilities Chippawa Arena Gale Centre Pools Maintenance Services Coronation Centre Maintenance Services MacBain Community Centre Maintenance Services Niagara Falls Exchange Other Recreation Facilities Services Niagara Falls Armoury Museum Services Recreation & Culture Services Page 426 of 819 RECREATION AND CULTURE SERVICES Summaries Recreation Programs Recreation Facilities Museum Services Recreation and Culture Services The following responsibility centres are included in the above noted summaries: Recreation Programs 723000 Pools Programs 724001 Coronation Centre 724501 Coronation Centre Cafe 729000 Other Recreation Programs 729003 Canada Day 729005 Santa Claus Parade 729006 Sports Wall of Fame 729011 Farmers Market 729013 Special Events Recreation Facilities 732003 Chippawa Arena 732004 Gale Centre 733000 Pools Maintenance Services 734001 Coronation Centre Maint Services 734002 MacBain Community Centre Maint Services 734003 Niagara Falls Exchange 739000 Other Recreation Facilities Services 752002 Niagara Falls Armoury Museum Services 752001 Museum Services Recreation and Culture Services 761000 Recreation and Culture Services 135 Page 427 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Recreation Programs Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Provincial Grants 42,700 42,700 0 0.00% Café Sales 15,122 35,000 (19,878) (56.79%) Donations 0 30,000 (30,000) (100.00%) Other Revenue 5,348 11,000 (5,652) (51.38%) Rents 8,856 10,500 (1,644) (15.66%) Sales 3,130 5,700 (2,570) (45.09%) User Fees 89,906 170,055 (80,149) (47.13%) Miscellaneous Revenue 122,362 262,255 (139,893) (53.34%) TOTAL REVENUE 165,062 304,955 (139,893) (45.87%) EXPENSES Labour 548,411 626,736 (78,325) (12.50%) Employee Benefits Allocation 108,785 121,315 (12,530) (10.33%) Overtime 12,500 10,825 1,675 15.47% Labour and Benefits 669,696 758,876 (89,180) (11.75%) Materials 114,710 122,462 (7,752) (6.33%) Advertising/News Release 1,500 1,500 0 0.00% Insurance Premiums 851 0 851 #DIV/0! Goods for Resale 12,275 21,500 (9,225) (42.91%) Office Supplies 4,448 6,322 (1,874) (29.64%) Electricity 0 3,400 (3,400) (100.00%) Water 0 1,780 (1,780) (100.00%) Natural Gas 0 2,300 (2,300) (100.00%) Materials 133,784 159,264 (25,480) (16.00%) Contracted Services 6,160 2,660 3,500 131.58% Fees for Service 211,149 207,009 4,140 2.00% Contracted Services 217,309 209,669 7,640 3.64% Rents and Financial Expenses 37,676 37,800 (124) (0.33%) TOTAL EXPENSES 1,058,465 1,165,609 (107,144) (9.19%) Surplus/(Deficit) (893,403) (860,654) (32,749) 3.81% 136 Page 428 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Recreation Facilities Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 78,000 121,000 (43,000) (35.54%) Rents 82,898 116,030 (33,132) (28.55%) User Fees 1,382,500 1,874,500 (492,000) (26.25%) Miscellaneous Revenue 1,543,398 2,111,530 (568,132) (26.91%) TOTAL REVENUE 1,543,398 2,111,530 (568,132) (26.91%) EXPENSES Labour 1,462,413 1,470,307 (7,894) (0.54%) Employee Benefits Allocation 436,505 419,559 16,946 4.04% Overtime 74,000 74,000 0 0.00% Labour and Benefits 1,972,918 1,963,866 9,052 0.46% Materials 192,966 206,011 (13,045) (6.33%) Professional Development/Workshops 8,000 8,000 0 0.00% Advertising/News Release 7,000 7,000 0 0.00% Insurance Premiums 223,832 196,197 27,635 14.09% Office Supplies 2,500 2,500 0 0.00% Electricity 892,025 935,500 (43,475) (4.65%) Water 277,400 288,370 (10,970) (3.80%) Natural Gas 240,700 255,200 (14,500) (5.68%) Materials 1,844,423 1,898,778 (54,355) (2.86%) Contracted Services 480,160 482,160 (2,000) (0.41%) H&S Compliance 16,000 16,000 0 0.00% Snow Plowing 75,000 78,000 (3,000) (3.85%) Contracted Services 571,160 576,160 (5,000) (0.87%) Rents and Financial Expenses 87,200 87,200 0 0.00% Long Term Interest 1,672,243 1,590,472 81,771 5.14% Long Term Debt Principal 1,886,870 1,723,640 163,230 9.47% Debt Charges 3,559,113 3,314,112 245,001 7.39% Internal Rent 144,925 171,688 (26,763) (15.59%) TOTAL EXPENSES 8,179,739 8,011,804 167,935 2.10% Surplus/(Deficit) (6,636,341) (5,900,274) (736,067) 12.48% 137 Page 429 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Museum Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Provincial Grants 36,662 36,662 0 0.00% Donations 1,000 1,000 0 0.00% Rents 500 3,000 (2,500) (83.33%) Sales 5,000 10,000 (5,000) (50.00%) User Fees 7,600 36,000 (28,400) (78.89%) Miscellaneous Revenue 14,100 50,000 (35,900) (71.80%) TOTAL REVENUE 50,762 86,662 (35,900) (41.43%) EXPENSES Labour 677,667 657,700 19,967 3.04% Employee Benefits Allocation 179,072 153,601 25,471 16.58% Overtime 2,000 2,000 0 0.00% Labour and Benefits 858,739 813,301 45,438 5.59% Materials 147,100 169,000 (21,900) (12.96%) Professional Development/Workshops 1,650 1,650 0 0.00% Advertising/News Release 25,650 32,050 (6,400) (19.97%) Insurance Premiums 6,734 6,203 531 8.56% Conferences/Conventions 4,800 4,400 400 9.09% Membership/Subscriptions 4,178 4,178 0 0.00% Office Supplies 4,250 4,500 (250) (5.56%) Electricity 64,600 65,500 (900) (1.37%) Water 6,800 4,400 2,400 54.55% Natural Gas 16,000 17,100 (1,100) (6.43%) Materials 281,762 308,981 (27,219) (8.81%) Contracted Services 79,081 79,081 0 0.00% H&S Compliance 10,500 10,500 0 0.00% Snow Plowing 4,000 4,000 0 0.00% Contracted Services 93,581 93,581 0 0.00% Rents and Financial Expenses 1,300 1,300 0 0.00% Long Term Interest 17,671 26,265 (8,594) (32.72%) Long Term Debt Principal 330,000 330,000 0 0.00% Debt Charges 347,671 356,265 (8,594) (2.41%) TOTAL EXPENSES 1,583,053 1,573,428 9,625 0.61% Surplus/(Deficit) (1,532,291) (1,486,766) (45,525) 3.06% 138 Page 430 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Recreation and Culture Services Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% EXPENSES Labour 897,667 873,270 24,397 2.79% Employee Benefits Allocation 254,297 240,026 14,271 5.95% Overtime 1,000 1,000 0 0.00% Labour and Benefits 1,152,964 1,114,296 38,668 3.47% Materials 53,499 53,499 0 0.00% Professional Development/Workshops 1,000 1,000 0 0.00% Advertising/News Release 2,000 2,000 0 0.00% Insurance Premiums 2,408 0 2,408 #DIV/0! Conferences/Conventions 8,100 11,700 (3,600) (30.77%) Membership/Subscriptions 3,475 3,475 0 0.00% Office Supplies 15,000 15,000 0 0.00% Materials 85,482 86,674 (1,192) (1.38%) Contracted Services 1,600 1,600 0 0.00% Fees for Service 39,600 39,600 0 0.00% Contracted Services 41,200 41,200 0 0.00% Rents and Financial Expenses 70,000 70,000 0 0.00% TOTAL EXPENSES 1,349,646 1,312,170 37,476 2.86% Surplus/(Deficit) (1,349,646) (1,312,170) (37,476) 2.86% 139 Page 431 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((*!" #" ,((*$ " !% & #!% "!!& & ' &(# #!" ' )*+$ " & ' -((*( " " )*+( !" #"",- +,./ 01232* )*+ 140 Page 432 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((* -((*! " #$ % & & '#$ "## & &(' '#" & " "# " #" & "("& && " #! "&& )*+! " & % ,((*( & # &% " & " " & & $"#" "#( ", " % -( )*+( % "./ +.0, 12343* )*+ 141 Page 433 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((* -((*! " " "# $%&! " ,((*' "#" $%&' "() &(*+ ,-./.% $%& 142 Page 434 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,((*" #$ -((*% $ # &$ ' $ $( $ ! &% $ )*+% $ " #$$,- +,./!01232* )*+ ! 143 Page 435 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,-((* ! ! -((*" # $ %# & '()" # & .((** & ! # '()* ! ! #+, )+-.!/0121( & '() ! & 144 Page 436 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! " +,((*# $ !# " -((*% # & $# '()% # .((* * ! " # '() * ! # $ !# "#+, )+-."/0121( '() ! " 145 Page 437 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! " +,-((*# #$ %% & .((*' # & %# ()*' # # #$ %% &#+, *+-."/0121) ()* ! " 146 Page 438 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,$$((* "#" $ -((*% # & ' ( "&' # && ( ( " &# & ) & # !*# + )#& # # " "# !#*# ,-.% # ((( .((** # # ,-.* "#" $#/0 ./1+!23454- ( ,-. ! ( 147 Page 439 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,$-((*" #$ " -((*% " & #" '()% " .((*$ * ! " '()$ " #$ ""+, )+-.!/0121( '() ! 148 Page 440 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,,((* ! ,((*"# $% & '$% #$$( &) (*'( ( '$#&( && $((&( ! $ # # ' '#(& && #*# & +#'$ #!$! ) $()( ,-."# ( -((** # #)& ,-.* )& !#/0 ./12 34565- )( ,-. )( 149 Page 441 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-((* ,((*!" # $ % %% & # " ' %$$$ %(&% % &"%''$% & " $ "" ( & $%% *$ $% " $ (" )*" " " & &"%% $ " "$$ "(" "* * $$ $" !" & # '%'$' ' $$$$ ,-.!"$ '$$ '% -((*( %'" $ ' " " $%$$ '/( % ,-.( $ ' "01 .02) 34565- '%%'$ ,-. '%%'$ 150 Page 442 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,,((* !"!#! ,((*$! % &'& " % ! & & ( (#" " !' ' ' ) ! ! " "! & !#! (' (' '*+!" ,-.$! ' (' !"!#!!/0 ./12 34565- ' (' ,-. ' (' 151 Page 443 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-$((* !"! ,((*#! $!%% $&& & ' (% % $ !(( (% ! !&& !"! & &)*! $ & & !'$' & +,-#!(%& !"!!./ -.01 23454,(%& +,- (%& 152 Page 444 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-((* ! "#" ,((*$" % "&'(& %"&& && % &' () & % " ' " " ' "#" ' ")%) % !%& '''( *+,$"& '(( -((*# '( "'& ( -# & & *+,# (& & ! "#""./ ,.01 2 ( & *+, ( & 153 Page 445 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-,((* !" ,((*! # $ # % & '()! & !" *+,)*-. /0121(& '() & 154 Page 446 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,-((*! "##$# ,((*% # " & # '' &"# ( "( ( ) " #'( # & &# #$#( ( '!*#&" # )") " & + " ' " ,-.% #'( ' .((*$ ( #' ' ,-.$ ' ' ! "##$##/0 ./12 3456 ( '' ,-. ( '' 155 Page 447 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +((* !!"# ,((*$ " #!" % ! & % ! " "'" ()"#! " &!& % *+,$ " -- !!"# "./ ,.01 23454+ -- *+, -- 156 Page 448 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((*! " !""#" ,((*$ " %& '''' !%& "%%( ' '#! % ! "''' !%" '( "" % #%! ' ' %'' ' *' % "' #" ) *"%"' " ! !"' ' ") # " !!&",)" &" " " %" "#"( ( ,-"!% " *%* " %$ " % ! & % ./0$ " -((*# ' % ''' ''' '( " " "' ' ' " "%" ./0# '''' ! " !""#""12 013) 45676/ (''' ./0 (''' 157 Page 449 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((* ! "#" -((*$ " !% & '!% "!!( & #' '!" ( "" ! #!' ( #" ) *"!" " ' '" ") # " ''%",)" %" " ( ( ( " !"( ( (*"% && && "#" " "# & & ( " !$ " -./$ " & ! "#""01 /02) 34565. & -./ & 158 Page 450 of 819 Index PLANNING & BUILDING SERVICES Summary of Planning & Building Services Planning Services Planning Services Building Services Building Inspection Services Municipal Enforcement Services Animal Control Services Facililties Facilities Services Core Building City Hall Service Centre Wayne Thomson Building Page 451 of 819 PLANNING AND BUILDING SERVICES Summaries Planning Services Building Services Municipal Enforcement Services Facilities Services The following responsibility centres are included in the above noted summaries: Planning Services 811000 Planning Services Building Services 221000 Building Inspection Services Municipal Enforcement Services 224000 Municipal Enforcement Services 229000 Animal Control Services Facilities Services 375000 Facilities Services 375001 Core Building 375002 City Hall Facility 375003 Service Centre Facility 375004 Wayne Thomson Building 159 Page 452 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Planning Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Licences 12,000 12,000 0 0.00% User Fees 330,000 330,000 0 0.00% Miscellaneous Revenue 342,000 342,000 0 0.00% From Special Purpose Reserves 20,000 0 20,000 #DIV/0! Internal Transfers 20,000 0 20,000 #DIV/0! TOTAL REVENUE 362,000 342,000 20,000 5.85% EXPENSES Labour 998,087 981,452 16,635 1.69% Employee Benefits Allocation 229,472 229,472 0 0.00% Overtime 2,240 2,240 0 0.00% Labour and Benefits 1,229,799 1,213,164 16,635 1.37% Materials 2,000 2,000 0 0.00% Professional Development/Workshop 3,000 4,000 (1,000) (25.00%) Conferences/Conventions 7,500 7,500 0 0.00% Membership/Subscriptions 7,105 7,105 0 0.00% Office Supplies 7,900 7,900 0 0.00% Materials 27,505 28,505 (1,000) (3.51%) Contracted Services 80,000 60,000 20,000 33.33% Internal Rent 4,096 4,001 95 2.37% TOTAL EXPENSES 1,341,400 1,305,670 35,730 2.74% Surplus/(Deficit) (979,400) (963,670) (15,730) 1.63% 160 Page 453 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Building Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Other Revenue 33,000 5,000 28,000 560.00% Permits 1,572,000 1,800,000 (228,000)(12.67%) User Fees 5,000 5,000 0 0.00% Miscellaneous Revenue 1,610,000 1,810,000 (200,000)(11.05%) From Special Purpose Reserves 616,083 126,210 489,873 388.14% TOTAL REVENUE 2,226,083 1,936,210 289,873 14.97% EXPENSES Labour 1,298,092 1,195,033 103,059 8.62% Employee Benefits Allocation 350,485 323,000 27,485 8.51% Overtime 2,000 2,000 0 0.00% Labour and Benefits 1,650,577 1,520,033 130,544 8.59% Materials 20,132 21,954 (1,822)(8.30%) Professional Development/Workshop 5,000 5,000 0 0.00% Insurance Premiums 26,034 25,135 899 3.58% Conferences/Conventions 5,000 12,800 (7,800) (60.94%) Goods for Resale 500 500 0 0.00% Membership/Subscriptions 9,346 10,381 (1,035) (9.97%) Office Supplies 6,000 8,000 (2,000) (25.00%) Materials 72,012 83,770 (11,758) (14.04%) Contracted Services 194,350 20,050 174,300 869.33% Rents and Financial Expenses 0 1,000 (1,000) (100.00%) Internal Rent 34,144 36,357 (2,213) (6.09%) Indirect Costs 275,000 275,000 0 0.00% Internal Transfers 309,144 311,357 (2,213) (0.71%) TOTAL EXPENSES 2,226,083 1,936,210 289,873 14.97% Surplus/(Deficit) 0 0 0 #DIV/0! 161 Page 454 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Municipal Enforcement Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Fines 500 500 0 0.00% User Fees 99,500 99,500 0 0.00% Miscellaneous Revenue 100,000 100,000 0 0.00% TOTAL REVENUE 100,000 100,000 0 0.00% EXPENSES Labour 757,886 702,369 55,517 7.90% Employee Benefits Allocation 202,194 206,271 (4,077)(1.98%) Overtime 5,000 3,500 1,500 42.86% Labour and Benefits 965,080 912,140 52,940 5.80% Materials 12,400 27,000 (14,600)(54.07%) Professional Development/Workshop 9,000 9,000 0 0.00% Conferences/Conventions 1,730 2,000 (270) (13.50%) Membership/Subscriptions 4,158 5,500 (1,342) (24.40%) Office Supplies 1,000 2,000 (1,000) (50.00%) Materials 28,288 45,500 (17,212) (37.83%) Contracted Services 124,550 100,050 24,500 24.49% Fees for Service 531,250 527,000 4,250 0.81% Contracted Services 655,800 627,050 28,750 4.58% Internal Rent 45,379 41,860 3,519 8.41% Internal Transfers 45,379 41,860 3,519 8.41% TOTAL EXPENSES 1,694,547 1,626,550 67,997 4.18% Surplus/(Deficit) (1,594,547) (1,526,550) (67,997) 4.45% 162 Page 455 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Facilities Services Summary Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $ % REVENUES Other Revenue 0 9,175 (9,175)(100.00%) Rents 82,230 111,936 (29,706)(26.54%) Miscellaneous Revenue 82,230 121,111 (38,881)(32.10%) TOTAL REVENUE 82,230 121,111 (38,881)(32.10%) EXPENSES Labour 635,391 555,440 79,951 14.39% Employee Benefits Allocation 182,143 136,290 45,853 33.64% Overtime 2,000 6,000 (4,000)(66.67%) Labour and Benefits 819,534 697,730 121,804 17.46% Materials 129,900 133,600 (3,700)(2.77%) Professional Development/Workshop 1,000 1,000 0 0.00% Insurance Premiums 5,184 13,451 (8,267) (61.46%) Membership/Subscriptions 788 400 388 97.00% Office Supplies 1,000 1,000 0 0.00% Electricity 215,555 218,400 (2,845) (1.30%) Water 30,230 33,210 (2,980) (8.97%) Natural Gas 53,325 62,900 (9,575) (15.22%) Materials 436,982 463,961 (26,979) (5.81%) Contracted Services 446,110 399,110 47,000 11.78% H&S Compliance 10,500 14,000 (3,500) (25.00%) Snow Plowing 15,000 18,000 (3,000) (16.67%) Contracted Services 471,610 431,110 40,500 9.39% Long Term Interest 78,097 85,432 (7,335) (8.59%) Long Term Debt Principal 381,123 372,114 9,009 2.42% Debt Charges 459,220 457,546 1,674 0.37% Internal Rent 36,648 24,259 12,389 51.07% TOTAL EXPENSES 2,223,994 2,074,606 149,388 7.20% Surplus/(Deficit) (2,141,764) (1,953,495) (188,269) 9.64% 163 Page 456 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* ! +((*" # $$ %$ & ' # $%$% (!' ' & ! ' )! %&%& ''# ,) # %&%& & %$%$ ! ( $ $( -./" &(% ,((*! (% % % ' -./! ( ! 01 /02) 34565.$%$$( (% -./ $%$$( (% 164 Page 457 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* ! ""#" +((*$" ! %%% &! "!! '#& &!" % ""! #!& +" & &"' "(#" + " "! && ",(" ""% ' " !"' )" % "#"% " !$" %! ' + % ""+ + -./$"' % ' ,((*# '&" + + " " + &"! ""'' ' +%,# -./# ' % ' ! ""#""01 /02( 34565. -./ 165 Page 458 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +((* ! "#" ,((*$" !% &'& & ( !% "!!( & # ' ' !"& ' ""! #! (( ")#"& %",)" %""''' ' " !" "#"''' (!' &( -./$" (&(('' +((*# & " "'' & * ! "'' & "'' -./# ! "#""01 /02) 34565. (&((('' -./ (&((('' 166 Page 459 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +((* !" "#$# ,((*% # & # #$ ' ()*% # ' !" "#$##+, *+-. /0121) ' ()* ' 167 Page 460 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,((* "##$# !% +((*& # " ' ( %"' # "" ( $% % "# (( (( ## "!$"% " (* " # # % %# %%'#,)# '# # # "# !#$# ( " ( -./& #(( "##$# !% #01 /02)!34565.(( -./ !(( 168 Page 461 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,$((*! " +((*# $ %"$ "& '(( " $( $ % %$ $)$& *+$%" $ '"' ( ,-.# $ & -((*) (& $ ( &*) ,-.) ( ! " $/0 ./12 34565- ,-. 169 Page 462 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,((*!"" " +((*# $ %"$& "& '(' " $ $ % %$ $)$' ' !*$%" $ ("( && +,-# $ !"" "$./ -.01 23454, +,- 170 Page 463 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +,+((*!" # +((*$ ! %#! & #' '( & # !&&' ! % %!&& !"! )*!%# +,-$ ! &&'& -((*" &' ! +,-" !" #!./ -.01 23454, &'& +,- &'& 171 Page 464 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* ! +,-((*" #$% & '! +((*( % ' $ % $ '% ' " ' % % $ $%) !%*%)) #+%$' % "'" )) ' $!& ' ,-.( %) ) -((** ) % ) ) #* ) ,-.* " #$% & '! %/0 ./12!34565- ,-. ! 172 Page 465 of 819 Index BUSINESS DEVELOPMENT SERVICES Summary of Business Development Services Business Development Services Niagara Falls Ryerson Innovation Hub Small Business Enterprise Centre Page 466 of 819 BUSINESS DEVELOPMENT SERVICES Business Development Services Summary The following responsibility centres are included in the above noted summaries: Business Development Services 821000 Business Development Services 821010 Niagara Falls Ryerson Innovation Hub 823010 Small Business Enterprise Centre 173 Page 467 of 819 TAX SUPPORTED OPERATING FUND 2021 Budget to 2020 Budget Comparison Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2021 2020 $% REVENUES Federal Grants 1,370,773 739,230 631,543 85.43% Provincial Grants 210,844 178,844 32,000 17.89% Other Municipalities 17,624 0 17,624 #DIV/0! Grants 1,599,241 918,074 681,167 74.20% Other Revenue 15,000 15,000 0 0.00% From Reserve Funds 770,773 739,230 31,543 4.27% TOTAL REVENUE 2,385,014 1,672,304 712,710 42.62% EXPENSES Labour 671,546 596,648 74,898 12.55% Employee Benefits Allocation 170,862 164,187 6,675 4.07% Labour and Benefits 842,408 760,835 81,573 10.72% Materials 173,500 173,500 0 0.00% Professional Development/Workshops 3,800 3,800 0 0.00% Advertising/News Release 55,750 55,750 0 0.00% Insurance Premiums 22 0 22 #DIV/0! Conferences/Conventions 5,100 5,100 0 0.00% Membership/Subscriptions 3,800 3,800 0 0.00% Office Supplies 7,000 8,000 (1,000) (12.50%) Materials 248,972 249,950 (978) (0.39%) Contracted Services 1,084,940 476,500 608,440 127.69% Rents and Financial Expenses 70,225 126,925 (56,700) (44.67%) External Transfers 1,131,606 1,076,960 54,646 5.07% Internal Rent 11,999 11,986 13 0.11% TOTAL EXPENSES 3,390,150 2,703,156 686,994 25.41% (Surplus)/Deficit 1,005,136 1,030,852 (25,716) (2.49%) Business Development Summary 174 Page 468 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $((* !"# ! +((*$ " %& ' '' #" ""(&%% #" %' %' ' " !"# ' ! )* " )! ## ,) ' ' ' " ' ! %' ' ' "$ '' & "&&&& % -./$ % %' ' ,((*! %' " "% -./! % !"# ! 01 /02) 34565. % %' ' -./ % %' ' 175 Page 469 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* $$((* !" # +((*$ ! %% & ' $ ' ' ('%' )*+$ &&'( ' ,((*! '& (( (((% ( , ! (( (((% )*+! &&'( ' !" # -. +-/0 1234 )*+ 176 Page 470 of 819 ! "# " ! ! ## " $ ## " ## " %# " &' ( &' )&' &' ( &' )&' $$((* +$((* !!" +((*# !" $% !" !! %&& ' ! % ! (! % ( )* ! %'% %'% ' )( " ,) " % ! ( & & ( % % % !# % ' -./# '$$ &' && ,((*( &% ! ' && , ! '& '$ ,( % % -./( &$ !!" 01 /02) 34565.& ''& -./ & ''& 177 Page 471 of 819 February 9, 2021 City of Niagara Falls 2021 Tax Supported Operating Budget Page 472 of 819 A GREAT CITY…FOR GENERATIONS TO COME Introduction 1.Review revised 2021 Tax Supported Operating Budget –Council was introduced to a rough draft January 19, 2021 through report F-2021- 10 for discussion purposes only. –Staff have since made some corrections and changes to mitigate the COVID impact. 2.Review various options for Council consideration to further mitigate the COVID impact and other increases. 3.Recommendation for Approval Page 473 of 819 A GREAT CITY…FOR GENERATIONS TO COME Operating Budget Status at February 9, 2021 Draft as at Jan. 19/21 As at Feb. 9/20 Variance ($) Proposed Revenues 128,811,187 125,836,987 (2,974,200) Proposed Expenses 132,668,320 128,503,595 (4,164,725) Proposed Deficit (3,857,133)(2,666,608)1,190,525 Impact on average household* = $51.65/year or $4.30/month Net levy increase after growth to balance budget =3.67% *Average household = $279,854 (no reassessment in 2021)Page 474 of 819 A GREAT CITY…FOR GENERATIONS TO COME Adjustments made after January 19, 2021 Revenue Expenses Surplus/ (Deficit) As at Jan. 19, 2021 128,811,187 132,668,320 (3,857,133) Reduction in Curling Club lease (7,100)7,100 Removal of YMCA Pool Rental (11,000)11,000 Adjustments to Insurance (29,725)29,725 Reduction in hosting fee (30,000)30,000 Fee for Service corrections per Agreements (3,252)3,252 Casino revenue and reserve revisions (2,730,000)(2,730,000)0 Policing contract services and reserve revisions (1,575,000)(1,575,000)0 Prov. Gas Tax Funding re: Transit 1,365,600 1,365,600 Small Business BIA Grant 27,500 27,500 YMCA Impact re: MacBain (62,300)221,352 (283,652) Total 125,836,987 128,503,595 (2,666,608)Page 475 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Revised Estimates –Revenue As at January 19, 2021 •Assumed Opening Date: April 1, 2021 •Assumed Revenue*: $8,625,000 ($23,000,000 * 9/12 months * 50%) *Assumes: $0 for January through March and 50% for April through December Revised estimates February 9, 2021 •Assumed Opening Date: September 1, 2021 •Assumed Revenue*: $3,830,000 ($23,000,000 * 4/12 * 50%) •Current Tax Subsidy:$5,895,000 Est. Funding Deficit: ($2,065,000) •Mitigation: Council has already mitigated by only committing $2,147,968 of the $4,200,000 transfer to capital included in the budget thus leaving buffer room of $2,052,032. *Assumes: $0 for January through August and 50% for September through December Jan. 19, 2021 –Council asked staff to review casino estimates and have a contingency plan if no OLG funds are received in 2021.Page 476 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Funding History Spending allocations approved by Council and reported annually. 7 year spending history -June 23, 2020 meeting (F-2020-24) Property Tax Relief Future Hospital Debt Avoidance/Capital Investments Economic Development Policing OLG contribution agreement effective April 1, 2013 Council established priorities to use funding: Presently tax subsidy of $5,895,000 = 8.12% levy impact Page 477 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Revised Estimates –Policing OLG Funds For Casino Policing As at January 19, 2021 •Assumed Opening Date: April 1, 2021 •Assumed Expense*: $1,575,000 ($4,200,000 * 9/12 months * 50%) •Approximate OLG Funding Level: 18% *Assumes: $0 for January through March and 50% for April through December Revised estimates February 9, 2021 •Assumed Opening Date: September 1, 2021 •Assumed Expense: $0 •Mitigation: All amounts for casino policing have been removed as staff is anticipating an OLG funding deficit for the tax subsidy built into the tax supported operating budget Page 478 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Revised Estimates -NFRIH Niagara Falls Ryerson Innovation Hub (NFRIH) Funding Year 3 of 4 As at January 19, 2021 •Total Expense*: $770,773 *Cost has never been levied to taxpayers as OLG funding used previously Revised estimates February 9, 2021 •Total Expense: $770,773 •Mitigation*: Staff proposing one-time increase in dividends for both year 3 and year 4 in 2022 from the City’s wholly owned subsidiary Niagara Falls Hydro Holdings Corporation of $770,733. OLG Funding not required for 2021. •This would continue the practice of not having these costs levied to the taxpayer. *Current annual dividend $670,600, the $770,733 is in addition to the annual dividend Page 479 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Revised Estimates –Capital Transfers OLG Funds For Future Capital Investment As at January 19, 2021 •Assumed Funding*: $384,227 •Approximate OLG Funding Level: 18% *Assumes: Amount Remaining From Casino Revenue Budget: $8,625,000 less $5,895,000 (tax subsidy) less$1,575,000 (policing) less $770,773 (NFRIH) Revised estimates February 9, 2021 •Assumed Funding: $0 •Mitigation: All amounts have been removed as staff is anticipating an OLG funding deficit for the tax subsidy built into the tax supported operating budget Page 480 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Contingency Plan -Summary Proposed Plan (using revised estimates): •Revise OLG revenue estimate to $3,830,000 (reduction of $2,065,000) •Leave tax subsidy budgeted at the $5,895,000 (annual Council approved amount) Mitigation: •Estimated funding deficit of $2,065,000 is mitigated by Council’s decision to only commit $2,147,968 of the $4,200,000 transfer to capital (buffer room of $2,052,032). •I.e. leave the revenue budgeted at $5,895,000 and the transfer budgeted at $4,200,000 knowing the funding deficit and uncommitted capital amount offset. Worst Case Scenario: •Casino does not open at all in 2021 and the City would need to make up $3,830,000 •Available reserve balances would cover a portion, but cannot cover it in full. Page 481 of 819 A GREAT CITY…FOR GENERATIONS TO COME OLG Tax Subsidy Recommendations 1.Council redefine the OLG priorities to exclude property tax relief. 2.Council commit to a strategy of reducing the OLG tax subsidy by 50% of the new taxation growth each year beginning in 2022. •For example in 2021 growth represents $923,259. With this strategy the OLG subsidy would be reduced by $462,000. •Every OLG dollar removed as a tax subsidy will be converted to future capital investment thus aiding long term planning and reducing the growing infrastructure deficit. •Even with this strategy, depending on the strength of the growth figures annually, it will take over 10 years to fully wean off the OLG funding in the tax supported operating budget. Page 482 of 819 A GREAT CITY…FOR GENERATIONS TO COME Operating Budget Comparison -Revenues 2021 2020 Increase/ (Decrease) $% Taxation -General 71,409,311 70,486,052 923,259 1.31% Taxation -Waste Management 7,802,521 7,465,141 337,380 4.52% Taxation -Other 1,150 11,000 (9,850)(89.55%) Payment in Lieu of Taxation 7,291,411 7,178,041 113,370 1.58% Grants 3,472,889 1,607,436 1,865,453 116.05% Other Municipalities 2,579,424 3,305,500 (726,076)(21.97%) Casino 5,895,000 23,000,000 (17,105,000)(74.37%) Licences/Permits/Rents 2,047,569 2,422,567 (374,998)(15.48%) Service Charges/User Fees/Fines 4,279,106 6,194,605 (1,915,499)(30.92%) Penalties & Interest 1,710,000 2,010,000 (300,000)(14.93%) Investment Income/Donations 2,567,373 2,986,600 (419,227)(14.04%) Sales/Other Revenue 6,992,187 8,799,242 (1,807,055)(20.54%) Internal Transfers 5,561,014 4,710,289 850,725 18.06% From Reserves/Reserve Funds 4,228,032 7,285,789 (3,057,757)(41.97%) Total 125,836,987 147,462,262 (21,625,275)(14.66%)Page 483 of 819 A GREAT CITY…FOR GENERATIONS TO COME Operating Budget Comparison -Expenses 2021 2020 Increase/ (Decrease) $% Salaries & Wages 51,774,385 51,082,141 692,244 1.36% Employee Benefits 14,059,640 13,570,178 489,462 3.61% Overtime 1,087,118 1,120,389 (33,271)(2.97%) LTD Interest Charges 1,811,311 1,770,519 40,792 2.30% LTD Principal Payments 3,263,329 3,286,645 (23,316)(0.71%) Materials 15,187,495 15,906,125 (718,630)(4.52%) Utilities 3,585,102 3,523,660 61,442 1.74% Contracted Services 23,765,659 25,910,499 (2,144,840)(8.28%) Rents & Financials 870,767 932,721 (61,954)(6.64%) External Transfers 3,607,106 4,986,960 (1,379,854)(27.67%) To Capital 3,208,371 3,197,189 11,182 0.35% To Reserves & Reserve Funds 1,558,105 18,104,169 (16,546,064)(91.39%) Internal Transfers 4,725,207 4,071,067 654,140 16.07% Total 128,503,595 147,462,262 (18,958,667)(12.86%)Page 484 of 819 A GREAT CITY…FOR GENERATIONS TO COME 2021 Budget -New Position Requests Department Position Recommended (✔) Building Senior Plans Examiner ✔ Mun. Enforcement Officer –6 month contract ✔ Facilities Technologist Facilities Plumber Finance Senior Financial Analyst (turn contract into FTE)✔ Fire 4 probationary firefighters for Station 7 ✔ Fire Plan Examiner Emergency Management Program Specialist Info.Systems Web Services Administrator Rec &Culture Cultural Development Coordinator (turn 24hr/wk contract ending July 31, 2021 into FTE)✔ Planning Senior Planner –Policy Planning Senior Planner –Current Development Page 485 of 819 A GREAT CITY…FOR GENERATIONS TO COME Average Household Taxes Comparison to LAMs Municipality Total Tax Bill City Levy Port Colborne $ 4,752 $ 2,456 Welland $ 4,478 $ 2,216 Fort Erie $ 4,140 $ 1,897 Thorold $ 4,065 $ 1,850 Wainfleet $ 3,990 $ 1,781 St.Catharines $ 4,008 $ 1,776 Pelham $ 3,654 $ 1,476 Niagara Falls $ 3,605 $ 1,411 Lincoln $ 3,417 $ 1,249 Grimbsy $ 3,291 $ 1,131 West Lincoln $ 3,206 $ 1,034 NOTL $ 2,886 $ 647 Average $ 3,791 $ 1,577 •2020 tax rates of Local Area Municipalities (LAMs) using Niagara Falls average household assessment of $279,854 Page 486 of 819 A GREAT CITY…FOR GENERATIONS TO COME Average Commercial Taxes Comparison to LAMs •2020 tax rates of Local Area Municipalities (LAMs) using Niagara Falls average commercial assessment of $3,082,042 Municipality Total Tax Bill City Levy Port Colborne $ 112,813 $ 46,918 Welland $ 107,586 $ 42,334 Fort Erie $ 101,128 $ 36,255 Thorold $ 99,696 $ 35,353 Wainfleet $ 98,265 $ 34,031 St. Catharines $ 98,602 $ 33,931 Pelham $ 91,845 $ 28,202 Niagara Falls $ 90,902 $ 26,951 Lincoln $ 87,316 $ 23,862 Grimsby $ 84,893 $ 21,604 West Lincoln $ 83,281 $ 19,756 NOTL $ 73,662 $ 12,359 Average $ 94,166 $ 30,130 Page 487 of 819 A GREAT CITY…FOR GENERATIONS TO COME Utility 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 488 of 819 A GREAT CITY…FOR GENERATIONS TO COME 2021 Local Area Municipality Budget Results Municipality Municipal Tax Increase Fort Erie Grimsby Lincoln Niagara on the Lake 2.12% Niagara Region 1.80% Pelham 1.98% Port Colborne 2.44% St. Catharines 1.86% Thorold Wainfleet Welland 1.96% West Lincoln Average 2.03%Page 489 of 819 A GREAT CITY…FOR GENERATIONS TO COME Mitigation Option #1 Revenue Expenses Surplus/ (Deficit) Impact on Net Levy after Growth Annual Impact on average Household* As at Feb. 9, 2021 125,836,987 128,503,595 (2,666,608)3.67%$ 51.65 Increase Seniors' Property Tax Rebate from $40 to $80 27,200 (27,200)0.04% Keep Library increase to 1.9%(28,001)28,001 (0.04%) Keep YWCA funding to 2020 amount (5,133)5,133 (0.01%) Reduce Core building expenses (15,000)15,000 (0.01%) Bring in tax rate stabilization reserve funding to cover estimated COVID user fee impacts and vehicle rentals 775,000 775,000 (1.07%) Revised 126,611,987 128,482,661 (1,870,674)2.58%$ 36.18 *Average household = $279,854 (no reassessment in 2021)Page 490 of 819 A GREAT CITY…FOR GENERATIONS TO COME Further Mitigation Options for Consideration Revenue Expenses Surplus/ (Deficit) Impact on Net Levy after Growth Annual Impact on average Household* Revised deficit if Option 1 chosen 126,611,987 128,482,661 (1,870,674)2.58%$ 36.18 Use HR rate stabilization reserve funds to cover 4 probationary fire fighters in 2021 (would need to remove in 2022) 340,000 340,000 (0.47%)$ (6.59) Use winter maintenance reserve funds to cover new sweeper/loader rentals 300,000 300,000 (0.41%)$ (5.84) Revised 127,251,987 128,482,661 (1,230,674)1.70%$ 23.75 These two above options are not recommended by Staff as they are not one-time or COVID related expenses and will continue to exist in the 2022 budget. Important Note: If these mitigation options are chosen it is a one-time assist to the 2021 budget. The increase must be realized in the 2022 tax levy.Page 491 of 819 A GREAT CITY…FOR GENERATIONS TO COME Service Level Decision –Indoor Aquatics Expression of interest for available space at the MacBain Community Centre currently posted on the City’s website. Closes: February 11, 2021 Staff will report back to Council in March, 2021 If no interest from any groups to run indoor aquatics Council will need to consider whether they would like the City to run indoor aquatics Page 492 of 819 A GREAT CITY…FOR GENERATIONS TO COME Service Level Decision –Indoor Aquatics Anticipated Opening Date: September 1, 2021 Outdoor pools used during summer if allowed under COVID rules Budget Impact: Amendment to 2021 approved budget would be required prior to June tax billing in order to fund this service, cost not currently built into budget. Estimated Cost: $300,000 (September 1 to December 31) Estimated Levy Impact: 0.41% increase (2021) Household Impact*: $5.66 increase (2021) Factors To Consider if City Runs Indoor Aquatics: *Average household = $279,854 (no reassessment in 2021)Page 493 of 819 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the recommended changes in option 1 as presented resulting in an annual increase of $36.18 to average household. 2.The Council approve the long term strategy of reducing the OLG tax subsidy of $5,895,000 by 50% of the taxation growth annually beginning in 2022 with the dollars being removed from the operating budget being converted into future capital investments. Page 494 of 819 A GREAT CITY…FOR GENERATIONS TO COME Questions?Page 495 of 819 January 19, 2021 City of Niagara Falls 2021 Parking Budget Page 496 of 819 A GREAT CITY…FOR GENERATIONS TO COME 2021 Parking Budget Overview •Review of 2021 proposed revenues and expenses by object code •Review of 2021 proposed Surplus/(Deficit) by Responsibility Centre •Update on new and ongoing parking initiatives Page 497 of 819 A GREAT CITY…FOR GENERATIONS TO COME Parking Budget Comparison –Revenues Revenues 2021 2020 Variance $ Variance % Fines 500,000 495,000 5,000 1.01% Permits 126,200 150,280 (24,080)(16.02)% User Fees 694,500 836,540 (142,040)(16.98)% From Reserve Fund 31,965 0 31,965 N/A Total 1,352,665 1,481,820 (129,155)(8.72)%Page 498 of 819 A GREAT CITY…FOR GENERATIONS TO COME Parking Budget Comparison –Expenses Expenditures 2021 2020 Variance $ Variance % Salaries & Wages 405,704 389,711 15,993 4.10% Employee Benefits 124,542 119,226 5,316 4.46% Overtime 1,500 1,500 0 0.00% Materials 83,440 80,574 2,866 3.56% Contract Services 472,500 512,300 (39,800)(7.77)% Rents & Financials 93,000 141,000 (48,000)-34.04% Transfer to Reserves 0 68,584 (68,584)(100.00)% Internal Transfers 171,979 168,925 3,054 1.81% Total 1,352,665 1,481,820 (129,155)(8.72)%Page 499 of 819 A GREAT CITY…FOR GENERATIONS TO COME Parking Budget Comparison –By Responsibility Responsibility Centre Surplus/ (Deficit) 2021 Surplus/ (Deficit) 2020 Change $ Change % Insurance Claim Services (20,000)0 (20,000)N/A Parking Maintenance (291,645)(306,188)14,543 4.75% Lot 2 (Park/Erie)13,800 16,550 (2,750)(16.62)% Lot 3 (Park/St. Clair)17,000 17,760 (760)(4.28)% Lot 4 (Ellen)107,000 122,200 (15,200)(12.44)% Lot 5 (College/Palmer)6,500 7,300 (800)(10.96)% Lot 7 (Huron/Ontario)6,500 6,550 (50)(0.76)% Lot 8 (Huron/St. Clair)4,500 7,950 (3,450)(43.40)% Lot 9 (Huron/St. Lawrence)(2,800)900 (3,700)(411.11)% Lot 10 (Park/Crysler)(2,000)(850)(1,150)135.29% *** Continued on next slide ***Page 500 of 819 A GREAT CITY…FOR GENERATIONS TO COME Parking Budget Comparison –By Responsibility Responsibility Centre Surplus/ (Deficit) 2021 Surplus/ (Deficit) 2020 Change $ Change % Lot 12 (Sylvia Place)14,000 24,750 (10,750)(43.43)% Lot 13 (Main)(2,300)(2,660)360 13.53% Lot 15 (McGrail)6,500 6,170 330 5.35% Lot 17 (Morrison)21,500 18,800 2,700 14.36% Lot 18 (Kitchener/Victoria)19,500 17,100 2,400 14.04% Lot 19 (City Hall)13,500 13,300 200 1.50% Lot 20 (Bender/Palmer)40,500 44,500 (4,000)(8.99)% Parking Control Services 47,945 5,868 42,077 717.06% Total $ 0 $ 0 $0 Page 501 of 819 A GREAT CITY…FOR GENERATIONS TO COME Parking Initiatives Update Parking Initiatives Update Online Permit Payments •Update online payment options for parking permit holders City-Wide Strategic Parking Plan •Review comparable rates •Review current parking supply and demand •Review future growth requirements •Considers impacts of: new theatre, The Exchange culture hub and Go Station developments Page 502 of 819 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the 2021 proposed parking budget as presented. Page 503 of 819 A GREAT CITY…FOR GENERATIONS TO COME Questions?Page 504 of 819 F-2021-11 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-11 Increase to Low Income Seniors’ Property Tax Rebate RECOMMENDATION To increase the Low Income Seniors’ Property Tax rebate from $40 per applicant per year to $80 per applicant per year based on the recommendation of the City of Niagara Falls Senior Advisory Committee. EXECUTIVE SUMMARY This report is regarding the annual Low Income Seniors’ Property Tax Rebate program. Included in the 2020 Operating Budget was an amount of $27,200 for the tax portion of this rebate. This amount is based on 680 applicants at $40 per application. Finance staff met with the City of Niagara Falls Senior Advisory Committee who requested this rebate be increased from $40 per applicant per year to $80 per applicant per year. Staff are recommending updating the 2021 budget amount from $27,200 to $54,400 to accommodate this request. Applications for the rebate program will be available August 1, 2021 and similar to last year, the application period will end October 31, 2021. BACKGROUND In 2011 Council approved a low income seniors’ property tax rebate. To qualify for this rebate, a senior must be a property owner who receives the federal Guaranteed Income Supplement whose primary residence is in Niagara Falls. The amount of the rebate has not increased since the program was started back in 2011. It is staff’s recommendation to increase the amount for 2021 per the request by the Senior Advisory Committee from $40 per applicant per year to $80 per applicant per year. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Low Income Seniors’ Property Tax Rebate impacts the Tax Supported Operating Budget. This change will increase the expense in the Tax Supported Operating budget from $27,200 in 2020 to $54,400 in 2021 based on 680 applicants. Page 505 of 819 2 F-2021-11 February 9, 2021 Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 506 of 819 F-2021-12 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-12 2021 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations RECOMMENDATION 1. The Council approve the recommended 2021 funding levels for existing organizations the City funds as illustrated by staff on attachment 2 – “Boards and Commissions, Fee for Service, Grants and Honorariums 2021 Asks and Recommendations” for a total increase over 2020 funding levels of 1.53% or $103,751. 2. The Council continue the previous strategy of not entertaining any new grants given the financial constraints the City is facing in funding its own operating and capital expenditures, and need to reduce the infrastructure deficit. EXECUTIVE SUMMARY The City of Niagara Falls has a history of providing financial support to its community groups. Staff’s responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. This report provides detailed background information including an 8 year history of funding on the City funding provided to Boards and Commissions, fee for service agencies, grant agencies and honorariums for our Cultural Ambassadors as illustrated in Attachment 1. Staff have provided recommendations in attachment 2 to maintain 2020 funding levels for all existing organizations that the City currently funds with the exception of: Increases of $3,571 for Boards and Commissions the City is contractually obligated to fund Increase of $88,671 or 1.9% for the Niagara Falls Public Library Board Increase of 0.7% or $3,689 for the Humane Society in line with CPI as per the requirements in year 3 of 4 of their agreement with the City. Page 507 of 819 2 F-2021-12 February 9, 2021 Increase of 0.70% or $1,449 for the Boys and Girls Club in line with CPI as per the recommendation in the financial section of the March 3, 2020 Recreation and Culture report R&C-2020-02 for a 2 year funding agreement with the Boys and Girls Club ending in 2021. Increase of 0.99% or $6,371 for Chair-A-Van services in line with the hours requested to be performed by the City times the hourly rate. Staff are not recommending any new grant requests be approved or entertained given the financial constraints the City is facing in funding its own operating and capital expenditures, including the City’s requirement to reduce its infrastructure deficit. BACKGROUND The City of Niagara Falls has a history of providing financial support to its community groups and organizes the funding requests into the following categories: Boards and Commissions – There are two types of Boards and Commissions, those the City is contractually obligated to fund and those that are Council appointed. Fee for Service Agencies – agencies receiving funding that are providing municipal services that would otherwise need to be provided by municipal staff. These services are considered a “core municipal responsibility” Grant Agencies – agencies receiving funding that are not considered core municipal services but are important to the community. Fee for Service Agencies Process Staff meets with fee for service organizations annually as well as the Niagara Falls Public Library Board. As part of the budget preparations, in the Fall of every year, staff send out a letter to each fee for service organization that is requesting funding (or received funding in the prior year) asking to set up a meeting to review their fee for service ask for the next year. As part of this process, each organization must provide the following information: a) 2021 Budget request b) September 2020 year to date results comparing budget to actual c) The most recent financial statements of the organization d) A brief description of the services provided to the City covered by the fee e) Any other documents that they believe would be useful including annual reports and key statistics Page 508 of 819 3 F-2021-12 February 9, 2021 Grant Agencies Process Grant agencies must fill out the City’s grant application which requests information about the organization, details about the grant request, board members, the most recent financial statements and current budget. ANALYSIS/RATIONALE Attachment 1 contains a listing of Boards and Commissions, fee for service, grant and honorarium funding for 8 years from 2013-2020 with a column indicating the organizations request for 2021. Council will note there are several years in a row, if not the entire 8 years where staff and Council have remained firm and kept funding levels consistent. Below is a brief explanation of the services/benefits provided to the City for Boards and Commissions and Fee for Service agencies the City funds: Board and Commissions (contractual obligation) 1. Niagara Falls Illumination Board – To finance, maintain and operate the illumination system for Niagara Falls 2. Niagara District Airport Commission – Contractual agreement with City of St. Catharines, Niagara on the Lake and the Region to fund municipal airport. Niagara Falls responsible for approximately 36% Fee for Service Agencies 1. Animal Control Services – Animal control and sheltering services, offering protection & education to ensure safety needs to residents 2. Boys & Girls Club – Provide children and youth programming not provided by City recreational staff 3. Firemen’s Park – To maintain the park and provide access to use 4. Niagara Falls Art Gallery – Provide children and youth programming not provided by City and recreational staff 5. Niagara Falls Concert Band – Provides services for musical events on a requested basis at City events 6. Niagara Falls Horticultural Society – Purchases and plants flowers on City property with the funding assistance provided by the City Page 509 of 819 4 F-2021-12 February 9, 2021 7. St. John’s Ambulance, Chair-A-Van – Provides para-transit services curb-to- curb within the municipal boundaries of the City of Niagara Falls for registered users with physical limitations. Grant Agencies While the municipality recognizes that all of the community groups requesting grants from the City provide excellent services in the community, it must be noted that the services provided are not within the City’s core service responsibility. Staff’s responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. Staff recognize the achievements that these organizations make to the community, and the previous desire of Council to continue to fund them. As a result staff are not recommending reductions to current funding levels, however staff are not supporting any further increases and recommending funding levels remain consistent. Attachment 2 contains a listing of the existing boards, fee for service, grant and honorariums that the City pays to various organizations along with the organizations request and staff’s recommendation for the 2021 year. To summarize attachment 2: Boards Contractual boards are requesting minor increases totalling $3,571. The Library board is requesting a 2.50% increase or $116,672. Staff is recommending the increase be kept to 1.9% for 2021 or $88,671. Staff is also in discussion with the library regarding the return of unspent 2020 funding due to 2020 COVID savings from staff layoffs, reduced service, etc. Staff will report back to Council at a future date with a recommendation on whether Council should request the funds be returned to City reserves for future use or be kept in library reserves. Total impact of 2021 recommendations for Boards and Commissions is an increase of $92,242 or 1.89%. Fee for Service Animal Control Services are performed by Niagara SPCA and Humane Society who has signed a 4 year agreement with the City as was outlined and approved in report PBD-2019-15, March 19, 2019. The term of the agreement is January 1, 2019 to December 31, 2022 with agreed upon annual fees as follows, 2019 - $527,000, 2020 - $527,000, 2021 - $527,000 + CPI increase, 2022 – amount for 2021 + CPI increase Page 510 of 819 5 F-2021-12 February 9, 2021 Boys & Girls Club had a draft fee for service agreement on the March 3, 2020 agenda, report R&C-2020-02 where Council approved a two year (2020-2021) fee for service agreement with the Boys & Girls Club in the amount of $207,009 in 2020 with a proposed CPI increase for 2021. Firemen’s Park, Niagara Falls Concert Band and Niagara Falls Horticultural Society requests and recommendation for funding remain the same at 2020 levels. St. John’s Ambulance, Chair-A-Van (CAV) is paid an hourly rate based on the number of hours the City requests for the year. Total impact of 2021 recommendations for fee for service is an increase of $11,509 or 0.81% Grants GNGH Hospital, Project Share, Women’s Place and St. John’s Ambulance water patrol have not requested increases for 2021. YWCA has requested an increase of 10% or $5,133. Staff are recommending continuing with previous Council strategy and past staff direction to hold the line on grants and continue funding at the 2010 levels. Honorariums Town Crier and City Historian honorariums are recommended to be funded at the 2020 levels of $1,500 each. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Total impact of 2021 recommendations for Boards and Commissions is an increase of $92,242 or 1.89%. Total impact of 2021 recommendations for fee for service is an increase of $11,509 or 0.81% Total impact of 2021 recommendations for grants and honorariums is $0 or 0%. Overall total impact of 2021 recommendations for funding external organizations is an increase of $103,751 or 1.53% from $6,760,015 to $6,863,766. Page 511 of 819 6 F-2021-12 February 9, 2021 CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. Responsible & Transparent Financial Management Ensure fiscal accountability and fact-based decision making 2. Engaging and Accountable Government Commit to being efficient and effective in our delivery of municipal services and use of resources, and accountable to our residents and stakeholders LIST OF ATTACHMENTS 1. Boards and Commissions, Fee for Services, Grants and Honorariums 8 Year Funding History 2. Boards and Commissions, Fee for Services, Grants and Honorariums 2021 Asks and Recommendations Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer T. Clark Page 512 of 819 Attachment 1 Boards and Commissions, Fee for Service, Grants and Honorariums 8 year Funding History F-2021-12 February 9, 2021 2021 Organization 2013 2014 2015 2016 2017 2018 2019 2020 Requests Boards and Commissions (contractual obligation) NF Illumination Board 38,550 38,550 39,831 40,189 41,189 41,189 42,985 43,802 44,021 Niagara District Airport Commission 96,101 106,797 110,158 128,723 131,287 131,287 162,273 167,604 170,956 Boards and Commissions (Council appointed) NF Public Library Board 3,872,739 3,944,684 4,025,597 4,118,840 4,242,973 4,369,764 4,566,420 4,666,881 4,783,553 Total Boards and Commissions 4,007,390 4,090,031 4,175,586 4,287,752 4,415,449 4,542,240 4,771,678 4,878,287 4,998,530 Fee for Service Animal Control Services 477,542 477,542 477,542 477,542 477,542 527,542 527,000 527,000 530,689 Boy's & Girl's Club 192,800 192,800 198,000 198,000 198,000 198,000 202,950 207,009 208,458 Chippawa Lion's Park 33,000 33,000 35,000 35,000 35,000 35,000 35,000 Firemen's Park 14,440 14,440 20,000 20,000 20,000 20,000 20,000 20,000 20,000 NF Art Gallery 27,000 27,000 27,000 27,000 27,000 27,000 28,000 28,000 28,000 NF Concert Band 3,600 3,600 3,600 3,600 3,600 3,600 3,600 3,600 3,600 NF Horticultural Society 700 700 750 750 750 750 750 750 750 St. John Ambulance - Chair-A-Van 402,288 404,597 435,163 464,488 492,000 503,085 599,586 640,386 646,757 Total Fee for Service 1,151,370 1,153,679 1,197,055 1,226,380 1,253,892 1,314,977 1,416,886 1,426,745 1,438,254 Grants GNGH Hospital 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 NF Badminton Club 2,666 2,666 2,666 2,666 2,666 NF Lawn Bowling Club 2,280 2,280 2,280 2,280 2,280 1,140 NF Tourism 360,000 360,000 360,000 360,000 360,000 360,000 Niagara District Art Assoc. (Rent Subsidy)2,947 Project Share 298,400 298,400 298,400 298,400 298,400 298,400 298,400 298,400 298,400 St. John Ambulance - Water Patrol 32,900 32,900 32,900 32,900 32,900 32,900 32,900 32,900 32,900 Stamford Lions 4,000 4,000 4,000 4,000 4,000 2,000 Winter Festival of Lights 342,000 342,000 342,000 342,000 342,000 342,000 Women's Place 19,350 19,350 19,350 19,350 19,350 19,350 19,350 19,350 19,350 YWCA 51,333 51,333 51,333 51,333 51,333 51,333 51,333 51,333 56,466 1,165,876 1,162,929 1,162,929 1,162,929 1,162,929 1,157,123 451,983 451,983 457,116 Honorariums City Historian 1,400 1,400 1,400 1,400 1,500 1,500 1,500 1,500 1,500 Town Crier 1,400 1,400 1,400 1,400 1,500 1,500 1,500 1,500 1,500 Total Honorariums 2,800 2,800 2,800 2,800 3,000 3,000 3,000 3,000 3,000 GRAND TOTAL 6,327,436 6,409,439 6,538,370 6,679,861 6,835,270 7,017,340 6,643,547 6,760,015 6,896,900 8 Year Funding History Page 513 of 819 Attachment 2 Boards and Commissions, Fee for Service, Grants and Honorariums 2021 Asks and Recommendations F-2021-12 February 9, 2021 Organization 2020 2021 Requests Variance $ Variance % 2021 Recommend- ation Variance $ Variance % Boards and Commissions (contractual obligation) NF Illumination Board 43,802 44,021 219 0.50%44,021 219 0.50% Niagara District Airport Commission 167,604 170,956 3,352 2.00%170,956 3,352 2.00% Boards (Council appointed) NF Public Library Board 4,666,881 4,783,553 116,672 2.50%4,755,552 88,671 1.90% Total Boards and Commissions 4,878,287 4,998,530 120,243 2.46%4,970,529 92,242 1.89% Fee for Service Animal Control Services 527,000 530,689 3,689 0.70%530,689 3,689 0.70% Boy's & Girl's Club 207,009 208,458 1,449 0.70%208,458 1,449 0.70% Firemen's Park 20,000 20,000 0 0.00%20,000 0 0.00% NF Art Gallery 28,000 28,000 0 0.00%28,000 0 0.00% NF Concert Band 3,600 3,600 0 0.00%3,600 0 0.00% NF Horticultural Society 750 750 0 0.00%750 0 0.00% St. John Ambulance - Chair-A-Van 640,386 646,757 6,371 0.99%646,757 6,371 0.99% Total Fee for Service 1,426,745 1,438,254 11,509 0.81%1,438,254 11,509 0.81% Grants ONE Foundation (Niagara Health)50,000 50,000 0 0.00%50,000 0 0.00% Project Share 298,400 298,400 0 0.00%298,400 0 0.00% St. John Ambulance - Water Patrol 32,900 32,900 0 0.00%32,900 0 0.00% Women's Place 19,350 19,350 0 0.00%19,350 0 0.00% YWCA 51,333 56,466 5,133 10.00%51,333 0 0.00% Total Grants 451,983 457,116 5,133 1.14%451,983 0 0.00% Honorariums City Historian 1,500 1,500 0 0.00%1,500 0 0.00% Town Crier 1,500 1,500 0 0.00%1,500 0 0.00% Total Honorariums 3,000 3,000 0 0.00%3,000 0 0.00% GRAND TOTAL 6,760,015 6,896,900 136,885 2.02%6,863,766 103,751 1.53%Page 514 of 819 HR-2021-02 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Human Resources Department SUBJECT: HR-2021-02 Diversity and Inclusion Advisory Committee, and Anti-Racism Advisory Committee RECOMMENDATION That Council approve the named candidates listed within this report as official members of both Advisory Committees for the remaining term of Council. BACKGROUND At the Council meeting held on June 2, 2020, Council recommended staff report on the establishment of an Anti Racism Advisory Committee. Staff presented Report CAO- 2020-04 to Council on September 15, 2020, which recommended a Diversity and Inclusion Advisory Committee be created. Council referred this matter back to staff requesting two (2) separate terms of reference be presented . One advisory committee for Diversity and Inclusion, and one advisory committee for Anti-Racism. Further, on August 11, 2020, Council endorsed support for participation in the “Coalition of Inclusive Municipalities”. The Coalition of Inclusive Municipalities is an international network which includes eighty two (82) Canadian municipal members at present. Twenty (20) Ontario municipalities are members of CIM, including the Region of Peel, the cities of Hamilton, London, and Windsor. At the October 27, 2020 Council meeting, the following recommendations from CAO Report 2020-07 were approved by Council: 1. That the Terms of Reference for the Diversity and Inclusion Advisory Committee and Anti-Racism Advisory Committee be approved. 2. Staff advertise for persons interested in serving on both Committees and report back to Council for approval of the membership. Page 515 of 819 2 HR – 2021-02 February 9, 2021 3. Council approved a Member of Council to serve on each Committee and act as a Council liaison to the Committee ANALYSIS/RATIONALE Committee Member Selection The following candidates have been recommended to represent the City of Niagara Falls Diversity and Inclusion Advisory Committee for the remaining term of Council: 1. Erden Ertorer 2. Nkiru Nwagbo 3. Elizabeth Grimmond 4. Matthew Aiello 5. Marla Terrberry-Portfilio 6. Melissa Gray 7. Council Representative (Wayne Campbell) 8. Staff Liaison (Jay MacLean) Committee Member Selection The following candidates have been recommended to represent the City of Niagara Falls Anti-Racism Advisory Committee for the remaining term of Council: 1. Katy Kumar 2. Angel Tran 3. Donna Brown 4. Sherri Darlene 5. Janet Madume 6. Candidate chosen has withdrawn 7. Council Representative (Lori Lococo) 8. Staff Liaison (Clark Bernat) FINANCIAL/STAFFING/LEGAL IMPLICATIONS Each committee will have an approved operating budget of $5,000 per year. CITY’S STRATEGIC COMMITMENT Under the Guiding Principles of Council’s Strategic Priorities (2019 – 2022), the City is committed to applying various principles to shape decision-making, policy development and resource allocation. One of those specific guiding principles, includes using public engagement to collect diverse perspectives and to act fairly, responsibly and equitably on behalf of our residents. Page 516 of 819 3 HR – 2021-02 February 9, 2021 Recommended by: Trent Dark, Director of Human Resources Respectfully submitted: Ken Todd, Chief Administrative Officer Page 517 of 819 A Great City … For Generations To Come RECREATION & CULTURE Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Kathy Moldenhauer, Director of Recreation & Culture Date: February 9th, 2021 Re: Anti-Racism Advisory Committee member At the Council meeting held on June 2, 2020, Council recommended staff report on the establishment of an Anti-Racism Advisory Committee. Staff presented Report CAO -2020-04 to Council on September 15, 2020, which recommended a Diversity and Inclusion Advisory Committee be created. Council referred this matter back to staff requesting two (2) separate terms of reference be presented. One advisory committee for Diversity and Inclusion, and one advisory committee for Anti-Racism. Committee Member Selection R&C staff and the council representative have completed interviews to determine the six committee members. To ensure youth have an opportunity to contribute, staff are recommending a representative from the Mayor’s Advisory Committee (MYAC) also join this committee. The following candidates have been recommended to represent the City of Niagara Fall s Anti- Racism Advisory Committee for the remaining term of Council: 1. Katy Kumar 2. Angel Tran 3. Donna Brown 4. Sherri Darlene 5. Janet Madume 6. Saima Abbasi 7. MYAC Representative 8. Council Representative (Lori Lococo) 9. Staff Liaison (Clark Bernat) KM Page 518 of 819 L-2021-03 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2021-03 Encroachment Agreement with the City 4751 Morrison Street and encroachments into the Morrison Street road allowance (Reda Realty Inc.) Our File No. 2020-187 RECOMMENDATIONS 1. That Reda Realty Inc. be permitted to continue its existing encroachments onto the City’s road allowance, being a portion of Morrison Street which abuts 4751 Morrison Street, as shown in Schedules “A” and “B”. 2. That the Mayor and Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 4751 Morrison Street and the applicable parcel for the affected portion of Morrison Street in the Land Registry Office. EXECUTIVE SUMMARY Reda Realty Inc. (the “Owner”) is the registered owner of 4751 Morrison Street, and, has requested that it be permitted to continue to encroach into a portion of Morrison Street by way of entering into an Encroachment Agreement with the City to be registered on title to both the Owner’s lands and the City’s lands. The encroachments consist of a gas meter with guide railing surrounding it and concrete steps with railing as shown on Schedules “A” and “B”. BACKGROUND Reda Realty Inc. purchased the property known municipally as 4751 Morrison Street (the “Subject Lands”) in May, 2019. The Owner submitted an application to rezo ne the Subject Lands from a General Commercial (GC) zone to a General Commercial (GC) zone with site-specific provisions to permit the conversion of two (2) ground floor commercial units into five (5) residential units. Upon review of the application is was discovered that a gas meter, steps and a sign were encroaching into the City’s road allowance, being a portion Page 519 of 819 2 L-2021-03 February 9, 2021 of Morrison Street (the “Encroachments”). As a condition of the passage of the re-zoning by-law (PBD-2020-67 for AM-2020-009), the Owner will need Council’s approval to permit the Encroachments to continue, and, to enter into an encroachment agreement with the City. Subsequent to the submission of the re-zoning application, the Owner has removed the sign encroachment, which had previously been affixed to the building. A Surveyor’s Real Property Report (dated October 22, 2020) together with recent photos showing the remaining encroachments for the stairs and gas meter (the “Remaining Encroachments”) are attached as Schedules “A” and “B”. CIRCULATION COMMENTS Information about the request to permit the continued existence of the Remaining Encroachments was circulated to City departments for comment. The following summarizes the comments received to date: x Fire Services No objections or concerns. x Planning Department No objections or concerns. The submitted Real Property Surveyor’s Report matches what was approved for the Zoning Amendment. Planning also recognizes that the sign encroachment has now been removed. x Municipal Works No objections or concerns. ANALYSIS/RATIONALE The Encroachment Policies and Procedures Section 600.03 will require the Owner to pay for the cost to prepare the encroachment agreement ($500.00) together with disbursements relating to a search of title and costs to register the agreement, including the preparation and deposit of a reference plan. The requirement of a reference plan will assist the City in ensuring that no additions, alterations or expansions are made to the Remaining Encroachments, and, will provide subsequent purchasers/owners of the property effective notice of the Remaining Encroachments’ type, location and dimensions. Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time. There is currently no set schedule for annual encroachment fees, and, such annual fees are set on a case by case basis as determined by the City Solicitor. The Finance Department provided a preliminary list of encroachment agreements on file to Legal Services in November, 2020, which showed a majority of Page 520 of 819 3 L-2021-03 February 9, 2021 these type of minor encroachments at a nominal annual fee (ex. $2.00) collected against the property’s tax roll number (which is another way to notify a property owner/potential purchaser of the encroachment agreement). At this time, and, in lieu of a more formal way of determining an annual fee, it is recommended that the encroachment agreement be prepared for nominal consideration, which is consistent with past City practices. The encroachment agreement would grant the continuance of the Remaining Encroachments by the City under terms and conditions as approved by the City Solicitor, including but not limited to, the provision that the continuance of the encroachment as being granted until such a time as it is required to be removed by the City, in the City’s sole discretion. FINANCIAL IMPLICATIONS The Purchaser will be responsible for the costs relating to the reference plan and encroachment agreement. There will be a nominal annual fee of $2.00 for the encroachments until terminated. The encroachment agreement is required for the rezoning of 4751 Morrison Street. The proposed development under the rezoning will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed encroachment agreement is a condition of the rezoning for 4751 Morrison Street. The rezoning of the proposed development complies with the Diverse and Affordable Housing initiative by increasing the amount of affordable housing available and diversifying the housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule “A” – Portion of Surveyor’s Real Property Report (October 22, 2020) Schedule “B” – Photographs of Remaining Encroachments Schedule “C” – Report PBD-2020-67 Recommended by: Ed Lustig, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer Attachments Page 521 of 819 4 L-2021-03 February 9, 2021 SCHEDULE “A” Portion of Surveyor’s Real Property Report (October 22, 2020) Page 522 of 819 5 L-2021-03 February 9, 2021 SCHEDULE “B” Photographs of Remaining Encroachments Page 523 of 819 6 L-2021-03 February 9, 2021 SCHEDULE “C” Report PBD-2020-67 Page 524 of 819 PBD-2020-67 October 27, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-67 AM-2020-009, Zoning By-law Amendment Application 4751 Morrison Street Applicant: Yousef Reda (Reda Realty) RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone 4751 Morrison Street from a General Commercial (GC) zone to a General Commercial (GC) zone with site-specific provisions to permit the conversion of the two ground floor commercial units into 5 residential units. 2. That prior to the passage of the amending by-law, the applicant enter into an encroachment agreement for the existing steps, gas meter and sign located at the front of the building within the City’s road allowance. EXECUTIVE SUMMARY An application to amend the City’s Zoning By-law has been submitted to add site specific regulations to the GC zoning on 4751 Morrison Street to permit the conversion of the existing two ground floor commercial units into 5 residential units. There are currently 6 existing residential units on the second floor of the building. This would bring the total number of units to 11. The proposed zoning amendment is requesting to add an apartment building as a permitted use on the property and reduce the parking ratio from 1.4 to 0.7 spaces per unit. Staff recommended an encroachment agreement to address encroachments on the City’s road allowance be executed before the amending by-law is passed. The amendment is recommended for the following reasons: x the proposed development conforms to Provincial and Regional policies as it makes efficient use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional rental housing choices for residents; x the proposed development complies with the City’s Official Plan with res pect to intensification, density and the efficient use of infrastructure within the Built Area Boundary; x the subject lands are located within walking distance to two bus routes and the GO Station as well as a number of commercial and service uses; and 7 Page 525 of 819 2 PBD-2020-67 October 27, 2020 x there are enough spaces provided to accommodate the projected overnight demand for 11 residential units. BACKGROUND Proposal The amendment is requested to permit two ground floor commercial uses to be converted into five dwelling units, resulting in an 11 unit apartment building. The land is zoned General Commercial (GC), which permits dwelling units on the second floor. The applicant is requesting the GC zoning of the property be site specifically amended to add an apartment building as a permitted use, and to reduce the required parking to 0.7 spaces per dwelling unit. Site Conditions and Surrounding Land Uses The subject land has 15.24 metres (50 feet) of frontage on the north side of Morrison Street, west of Buckley Avenue and east of Victoria Avenue. The lot depth of the property is 46 metres (151 feet). There is an existing two storey building on the property with 6 residential units on the second floor and two vacant commercial units on the ground floor. There is a driveway on the property that provides access to the gravel parking lot located at the rear of the property (see Appendix 2). Single detached dwellings are located to the east and south of the subject lands. The adjacent lands to the west are occupied by the Community Health Centre and north of the property is a 3 storey apartment building. Other nearby land uses include the Niagara Falls Library to the south west. Circulation Comments The requested zoning amendment was circulated to City departments, agencies, and the public for comments. The Region was not required to be circulated on this application. The following summarizes the comments received: Municipal Works - No objections however some details will need to be address at site plan, if required. Transportation Services - Staff reviewed the Parking Justification Study and can support the 11 unit proposal. Fire Department and Building Department - Any further technical comments will be addressed at time of Building Permit process 8 Page 526 of 819 3 PBD-2020-67 October 27, 2020 - Fire Prevention Division requires an assessment of the site proposal for existing on-site fire-fighting practices prior to building permit issuance Engineering Services Parks & Landscape Development - No objections. Grading, landscaping and drainage details may need to be addressed at Site Plan, if required Enbridge - No objections however they reserve the right to amend development conditions Neighbourhood Open House As of the writing of this report, no written or verbal submissions have been made in response to the Notice of Open House. The Open House was virtually held on Tuesday August 4th, 2020 where no neighbouring residents participated. ANALYSIS Provincial Policy Statement (2020) and Growth Plan (2019) The Planning Act requires City planning decisions to consist with the Provincial Policy Statement (PPS) and conform to Provincial Plans. The PPS and Growth Plan directs communities to achieve efficient and resilient development and land use patterns by promoting developments and land use patterns that accommodate an appropriate range and mix of housing types and promote intensification that optimizes transit investments. Converting two commercial ground floor units into 5 residential units will help provide a larger range and mix of housing options for the neighbourhood by adding additional apartment dwelling units to the area. The proposal is a form of intensification that optimizes existing bus routes 102 and 104/204 and the GO Station in the City by locating more passengers within a close proximity to the existing bus routes and GO Station. The Growth Plan policies outline that the City will direct a majority of growth to built-up areas within settlement areas where there is existing transit and public service facilities. The subject lands are within the built boundaries of the City, are located near transit route 102 and 104/204 and are near the Niagara Falls Public Library, Community Health Centre and a number of commercial uses. The minimum intensification target for built-up area within the Niagara Region as outlined in the Growth Plan is 40%. The proposed development will assist in meeting this intensification target and is a form of residential intensification promoted by the Province. Regional Policies The subject lands are designated Built-Up Area within the Urban Area Boundary in the Region’s Official Plan. The proposed 11 unit residential use is permitted within this 9 Page 527 of 819 4 PBD-2020-67 October 27, 2020 designation. The Region’s Plan promotes higher density development in Built-Up Areas within the existing Urban Areas and supports growth that contributes towards supplying housing that is affordable, accessible and suits a variety of needs. The proposal conforms to Section 4 (Growth Management) of the Region’s Official Plan by utilizing existing services and providing additional higher density forms of housing in the neighbourhood. Niagara Falls Official Plan The subject lands are designated Mixed Use 1 Downtown in Schedule A-5 of the Transit Station Secondary Plan and are within the Built Area Boundary in Schedule A-2 of the Official Plan. Medium and high density apartments are permitted in this designation. Residential development within the Mixed Use 1 designation should attain a minimum net density of 50 units per hectare. Development within the Mixed Use 1 designation shall be characterized by buildings that provide a defined street wall and are proportional to the street. The applicant is proposing 157 units/hectare and the existing building has a clearly defined street wall along the front property line. Intensification of the subject lot meets the intent of the Official Plan. Zoning By-law Amendment The application requests site specific provisions to the existing General Commercial (GC) zone. The site specific provisions are to include an Apartment Dwelling as a permitted use and allow for a reduced parking rate of 0.7 spaces per dwelling unit whereas 1.4 spaces per dwelling unit is required. The applicant is requesting that an Apartment Dwelling be added as a permitted use for their property. Staff are of the opinion that adding an apartment building as a permitted use will be conformity with the intent of the Zoning By-law. A minimum lot area of 63 square metres per dwelling unit will be applied to the subject lands. The proposal requires 15 spaces at a rate of 1.4 spaces per unit. The proposed development proposes 8 parking spaces at a rate of 0.7 per unit. The subject land is located within a 15 minute walk to Bus routes 102 and 104/204, the GO Station, the Niagara Falls Public Library, the Community Health Centre, 3 take out restaurants, a convenience store and a pharmacy/grocery store. In addition, the submitted Parking Justification Study (PJS) surveyed a current overnight parking demand of 4 spaces for the property, which provides a parking demand ratio of 0.66 spaces per unit. The proposed parking ratio of 0.7 spaces per unit meets the surveyed overnight demand. This demonstrates that a 0.7 parking ratio is appropriate as future residents will have easy access to available transit routes and a number of different uses within walking distance of the site and the surveyed overnight demand will be met. Planning Staff support the proposed change from GC to GC with site specific provisions to permit an apartment building and a parking rate of 0.7 spaces per dwelling unit. 10 Page 528 of 819 5 PBD-2020-67 October 27, 2020 Encroachment Agreement The property has an existing gas meter, set of stairs and a sign that encroach into the City’s road allowance on Morrison Street. It is recommended that the applicant enter into an encroachment agreement with the City for these items before the amending by-law is passed. Site Plan Control Site Plan Control will not be required for the subject lands as no changes are proposed to the footprint of the existing building, parking or the site in general. However, a Change of Use permit with the Building Department will be required. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed development complies with the Diverse and Affordable Housing initiative by increasing the amount of affordable housing available and diversifying the housing composition in the neighbourhood. LIST OF ATTACHMENTS ¾ Appendix 1 – Location Map ¾ Appendix 2 – Survey Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper: Attach. S:\PDR\2020\PBD-2020-67, AM-2020-009, Yousef Reda, 4751 Morrison.docx 11 Page 529 of 819 6 PBD-2020-67 October 27, 2020 APPENDIX 1 Location Map – 4751 Morrison Street 12 Page 530 of 819 7 PBD-2020-67 October 27, 2020 APPENDIX 2 Survey Plan – 4751 Morrison Street 13 Page 531 of 819 MW-2021-09 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-09 Garner Estates – Follow-up Review RECOMMENDATION 1. That Council approve the short and long term action items summarized in this report. 2. That Council approve the installation of all-way stop controls at the intersections of St. Michaels Avenue at Westport Drive; St. Michaels Avenue at Glavcic Drive; Parkside Road at Westport Drive; and Parkside Road at Glavcic Drive. 3. That Council direct staff to provide a post-implementation report of these action items and their affects on traffic operations. 4. That Council direct staff to undertake a thorough review of the City’s Traffic Calming Policy to ensure it is still servicing the residents of Niagara Falls as originally intended. EXECUTIVE SUMMARY In 2019, City Staff initiated a neighbourhood speed control review for the collector road system in Garner Estates. The study area specifically includes St. Michael Avenue, Parkside Road, McGarry Drive, and Forestview Boulevard. In lieu of a speeding problem not being observed, an absence of a collision problem, and community support below a simple majority, as per the current policy; Staff concluded that no further action is required at this time. At the direction of Council, Staff prepared TS-2020-10 to document the findings of the Garner Estates Speed Control Reviews. Due to the COVID-19 protocols, affecting resident’s ability to attend council to speak to the report, the motion of council at this meeting was to defer to matter until such time as residents could provide input. At the Council meeting on December 8, 2020, a motion was approved to bring this matter back to Council for deliberation. On Wednesday, January 13, 2021, Staff hosted a Public Open House to solicit feedback from the area residents prior to the report returning to Council. This meeting was Page 532 of 819 2 MW-2021-09 February 9, 2021 scheduled to allow residents ample time to voice their concerns and provide suggested improvements for Staffs review. During this meeting, a total of forty-two (42) residents participated, in addition to City Staff and two Councillors. During the public open house a number of comments and concerns were raised and Staff have prepared a number of short and long term actions items to address the concerns noted. BACKGROUND City Staff initiated a neighbourhood speed control review for the collector road system in Garner Estates. The study area specifically includes St. Michael Avenue, Parkside Road, McGarry Drive, and Forestview Boulevard. Traffic data was collected on all the aforementioned streets for four (4) consecutive days in August 2019. Traffic data was collected at multiple sections along each roadway, revealing that majority of operating speeds in the subdivision are within acceptable thresholds. Given the history of speeding complaints and requests for speed control devices in the Garner Estates subdivision, Staff concluded that it would be appropriate to give residents the opportunity to identify what they would like to see on their street and community. Questionnaires distributed to all residents directly residing on or flanking the streets involved in the study garnered a minority support for speed control devices. In lieu of a speeding problem not being observed, an absence of a collision problem, and community support below the simple majority, as per current policy, Staff concluded that no further action is required at this time, The results of this study were documented in Council Report TS-2020-10 (included in Attachment #2), which was included on the April 21, 2020 agenda. Due to the COVID- 19 protocols, affecting resident’s ability to attend council to speak to the report, the motion of council at this meeting was to defer to matter until such time as residents could provide input. At the Council meeting on December 8, 2020, the following motion was approved to bring this matter back to Council for deliberation: ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that a report come back to Council including inviting the residents to the meeting of January 19, 2021 and that staff come up with short- term and long-term remedial options as part of the recommendation. Page 533 of 819 3 MW-2021-09 February 9, 2021 ANALYSIS/RATIONALE Public Open House On Wednesday, January 13, 2021, Staff hosted a Public Open House, to solicit feedback from the area residents, prior to the report returning to Council. This meeting was scheduled to allow residents ample time to voice their concerns and provide suggested improvements for Staffs review. During this meeting, a total of forty-two (42) residents participated, in addition to City Staff and two Councillors. A summary of the comments provided during this meeting is included in Attachment #1. During the public open house a number of comments were received on the current policies regarding traffic calming and intersection controls, and the elements of these policies. To provide an overview of these policies a high-level summary is provided below: Traffic Calming Policy (December 2010): The purpose of the City’s Neighbourhood Traffic Management Program and Policy is to provide guidelines for initiating, reviewing and implementing the speed control program. Residents that directly abut a roadway where speeding problems exist should be able to have a forum to participate in providing input on solutions for their street. As such, the policy also outlines the mandatory neighbourhood support needed for approving speed control installation and provides a procedure for public input. This policy will help to ensure that speed control measures are installed only in appropriate locations where they will increase safety levels and livability in the City of Niagara Falls and provide the most benefit. Important to note: that at least 51 percent (a simple majority) of the households must be in support of installing speed control. Residents who do not provide a response, or have no opinion on the matter (for or against) will be noted as opposed. Installing speed control measures in a community can be met by resistance from residents, thus community support and involvement are important for increasing awareness of speed humps and creating an atmosphere of acceptance and ownership. Defining a speeding problem: According to City policy, the warranting criteria for speed mitigation, through the installation traffic calming devices, is met when operating speeds exceed the legal speed limit by more than 10 km/h, OR by more than 1km/h when a pedestrian generator (school, park, etc.) is present and has direct frontage onto the subject roadway. Operating speeds are calculated by Staff based on all of the traffic data collected during the study period, utilizing the industry standard statistical measure, 85th percentile. The 85th percentile is defined as the speed at or below which 85 percent of the motorists drive on a given road, and this speed indicates the speed that most motorists on the road consider safe and reasonable under ideal conditions. Page 534 of 819 4 MW-2021-09 February 9, 2021 When operating speeds exceed the posted speed limit by these defined thresholds, mitigation and/or enforcement, could be considered under the City’s Policy. All-way Stop Control Policy (March 2007) The purpose of the City’s All-way Stop Control Policy is to ensure these intersection controls are only recommended in warranted situations. Not only were traffic engineering aspects taken into consideration in formulating the warrants, but humanistic values and concerns of residents within the City of Niagara Falls taken into consideration. The intention of incorporating engineering and humanistic factors is to strategically place all- way stop controls at locations where reasonable guidelines for their installation is based on solid practice, while at the same time eliminate the proliferation of unwarranted signs. Therefore, as a result of the potential adverse affect associated with all-way stop installations, it is important that these devices not be placed indiscriminately. In order to preserve the effectiveness of the multi-way stop against incorrect use or overuse, these warrants have been developed that incorporate the driving characteristics of the residents within Niagara Falls. Action Items: Based on the comments received during the Public Open House and Councils motion to develop both short and long term recommendations to address the resident concerns. The follow action items have been identified by Staff: Short term Action Items (Spring/Summer 2021): - Installation of portable Driver Feedback Signs on St. Michaels Avenue and Parkside Road (rotating by block for 2-weeks per block); - Installation of all-way stop intersection controls at the locations noted below to serve as controlled crossing locations for pedestrians travelling to/from significant pedestrian generators within Garner Estates, including: Kalar Sports Park, Garner Trail, and the areas elementary schools: St. Michaels Avenue at Westport Drive; St. Michaels Avenue at Glavcic Drive; Parkside Road at Westport Drive; and Parkside Road at Glavcic Drive. - Review of intersections controls (for the installation of all-way stops) at the remaining locations identified during the Public Open House on: Parkside Drive at Milomir Street; and St. Michaels Avenue at Milomir Street. Page 535 of 819 5 MW-2021-09 February 9, 2021 - Review of pavement marking / signing improvement to enhance pedestrian safety and lane narrow; - Coordinate enforcement campaign with Niagara Regional Police; and - Continue to promote lawn sign road safety campaign. Longer term Action Items (Fall 2021 to 2022): - Update to the City’s Speed Control Policy (Traffic Calming) to address the items raised by residents during the Public Open House, specifically improvements to: Methods of soliciting resident input; Warranting criteria for public support; o Review minimum response rates; and o Review minimum support rates (currently 51% support required from all residents directly affected). Warranting criteria for identifying a speeding problem (currently +10km/h over posted OR +1km/h over if pedestrian generator fronting study area roadways) - Re-evaluate warranting criteria for St. Michaels Avenue and Parkside Road following Council adoption of new policy. If warranted, include in future capital budgets. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the four all-way stops is to be carried out by Municipal Works - Transportation Services staff and the pavement markings will be completed by a contractor. The labour and material costs will be accounted for in the 2021 General Purposes Budget. It is estimated that the cost to install the signs and apply the pavement markings is approximately $6,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Attachment #1 – Summary of Public Open House Comments Attachment #2 – TS-2020-10 Page 536 of 819 6 MW-2021-09 February 9, 2021 Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 537 of 819 MW-2021-09 February 9, 2021 Attachment #1 Summary of Public Open House Discussions Comments regarding process and policy: Warrant criteria – operating speed/ thresholds, specifically: - Why does the policy utilizes 85th percentile speeds, as opposed to maximum speed observed? - Consideration of removing lower speeds (i.e. to account for residents exiting/entering their driveways, turning, etc.) Warrant criteria – residential support thresholds, specifically: - Non- responses, being included with ‘opposed’ responses. - 51% support levels - Response rates - Methods of soliciting resident feedback o Hand delivering to individual properties, concerns with residents not receiving / opening letters, and o Language barriers affecting responses being received. Data collection periods (summer vs. spring / fall) Traffic calming devices were installed during Phase 2 of the subdivision, but not included in Phase 1 (south of the hydro corridor). Comments regarding traffic safety and operations: Speed of drivers on Parkside Road and St. Michaels Avenue, specifically concerned with drivers travelling at excessive speeds. Length of uncontrolled road segments on St. Michaels Avenue and Parkside Road (between Forestview Boulevard and McGarry Drive), with few traffic controls in place to stop drivers from obtaining high speeds. Concerns with the limited number of controlled pedestrian crossing locations in these segments (to/from Kalar Park and Garner Trail) Cut-through traffic and non-resident motorists utilizing the neighbourhood to bypass the boundary arterial roadways (McLeod Road, Kalar Road, Garner Road, Lundy’s Lane) Concerns with compliance at existing all-way stops Traffic operations will continue to get worse overtime, with the construction of new developments along McLeod Road and Garner Road. Residents expressed concerns and confusion with pedestrian crossovers, specifically the location on McLeod Road in the vicinity of St. Michaels High School. Suggested Improvements Increased Police Enforcement. Page 538 of 819 2 MW-2021-09 February 9, 2021 Additional all-way stops along Parkside Road and St. Michaels Avenue, specifically at: - Glavcic Drive; - Milomir Street; and - Westport Drive. Controlled crossings to/from Kalar Sports Park and Garner Trail. Installation of physical traffic calming devices (speed humps / cushions, and raised crosswalks). Reduced speed limits Improved traffic signage Community Safety / School Zones Opposing view comments: Installation of traffic calming devices affects the aesthetics of the neighbourhood (sign clutter), and property values. Physical traffic calming devices impact winter maintenance, emergency response times, vehicle ‘wear & tear’. Majority of residents not in-favour of traffic calming and did not respond to the questionnaire due to the fact that it states on the form… “If you do not respond, it will be assumed that you are not in favour of having speed control devices constructed on your street.” Page 539 of 819 TS-2020-10 April 21, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2020-10 Garner Estates – Speed Control Review RECOMMENDATION That the following report be received for the information of Council. EXECUTIVE SUMMARY City Staff initiated a neighbourhood speed control review for the collector road system in Garner Estates. The study area specifically includes St. Michael Avenue, Parkside Road, McGarry Drive, and Forestview Boulevard. Traffic data was collected on all the aforementioned streets for four (4) consecutive days in August 2019. Traffic data was collected at multiple sections along each roadway, revealing that majority of operating speeds in the subdivision are within acceptable thresholds. Given the history of speeding complaints and requests for speed control devices in the Garner Estates subdivision, Staff concluded that it would be appropriate to give residents the opportunity to identify what they would like to see on their street and community. Questionnaires distributed to all residents directly residing on or flanking the streets involved in the study garnered a minority support for speed control devices. In lieu of a speeding problem not being observed, an absence of a collision problem, and community support below the simple majority, as per current policy, Staff concluded that no further action is required at this time. Staff will be undertaking a review of the City’s Neighbourhood Traffic Management Program during the spring of 2020 to ensure the program is still applicable and meeting the needs of the community. The current policy has been in place since its last revision in December 2010. This review will include an industry scan of best practices, review of comparator municipality’s policies, and input from Staff’s experiences while facilitating the program. Staff have been averaging 50+ speed control reviews per year an d have significant experience managing the program. Page 540 of 819 2 TS-2020-10 April 21, 2020 BACKGROUND City Staff initiated a neighbourhood speed control review for the collector road system in the Garner Estates subdivision. The study area specifically includes sections of St. Michael Avenue, Parkside Road, McGarry Drive, and Forestview Boulevard. An illustration of the study area is provided as an attachment following the report. All four (4) roadways involved in the study area are classified as residential collector roads that consist of urban cross-sections and posted speed limits of 50 km/h. Both St. Michael Avenue and Parkside Road are two-lane, two-way roadways that extend north-south from McLeod Road to Forestview Boulevard, within the study area, respectively. Both McGarry Drive and Forestview Boulevard are two-lane, two-way roadways that extend east-west from Garner Road to Kalar Road, however, the sections of both roadways involved in the study area specifically includes Garner Road to St. Michael Avenue and Parkside Road to Kalar Road, respectively. The two middle sections of Forestview Boulevard and McGarry Drive were studied separately. City Council approved a speed control project for Forestview Boulevard between Parkside Road and St. Michael Avenue in June 2019, with construction to occur in late Spring/early Summer 2020. In addition, Staff carried out a review for McGarry Drive between Parkside Road and St. Michael A venue that began in June 2019 and this road segment has met both the technical requirements and community support. A public meeting for McGarry Drive residents is planned for Spring 2020. City Staff has made the construction of speed control devices a condition of subdivision approval for various phases of the Garner Estates subdivision, north of the hydro corridor per Council’s direction. This direction was not in place when the roads south of the hydro corridor were constructed. Devices are in place on Parkside Road (2 speed hum ps), Forestview Boulevard at St. Michael Avenue (traffic circle), St. Michael Avenue and Parkside Road (centre median through the hydro corridor), and Angie Drive (4 speed cushions). ANALYSIS/RATIONALE The purpose of the City’s Neighbourhood Traffic Management Program and Policy is to provide guidelines for initiating, reviewing and implementing the speed control program. Residents that directly abut a roadway where speeding problems exist should be able to have a forum to participate in providing input on solutions for their street. As such, the policy also outlines the mandatory neighbourhood support needed for approving speed control installation and provides a procedure for public input. This policy will help to ensure that speed control measures are installed only in appropriate locations where they will increase safety levels and livability in the City of Niagara Falls and provide the most benefit. This process is summarized in the graphic below: Important to note: that at least 51 percent (a simple majority) of the households must be in support of installing speed control. Residents who do not provide a response, or have Page 541 of 819 3 TS-2020-10 April 21, 2020 no opinion on the matter (for or against) will be noted as opposed. Installing speed control measures in a community can be met by resistance from residents, thus community support and involvement are important for increasing awareness of speed humps and creating an atmosphere of acceptance and ownership. Speed studies were carried out over four (4) consecutive days in August 2019, on multiple sections of each roadway within the study area. Staff considers a speeding problem when the operating speed exceeds the speed limit where there is at least one pedestrian generator, such as a school or a community park abutting the road. In the absence of a pedestrian generator, the operating speed would need to exceed the posted speed by 10 km/h or more. Given the foregoing, a speeding problem was observed on one (1) of the study roadways, which occurred on Forestview Boulevard, between Garner Road and St. Michael Avenue, and also between Parkside Road and Kalar Road. A speeding problem was not observed on the remaining three (3) study roadways, therefore, the speed threshold component of the traffic calming policy was only fulfilled on Forestview Boulevard. Given the history of requests for speed control devices in the Garner Estates subdivision, Staff concluded that it would be appropriate to give the residents the opportunity to identify what they would like to see on their street and community. Staff hand-delivered a questionnaire to all the residents directly residing on or flanking the streets involved in the study area asking for their input and preference for speed control devices. The warranting Page 542 of 819 4 TS-2020-10 April 21, 2020 criteria for residential support was considered on each study roadway as a whole and by block in order to determine if there was a localized preference for the installation of traffic calming devices. As per City policy, a simple majority (51%) of residents must support the installation of traffic calming for the project to proceed. Overall, three-hundred and sixty-five (365) questionnaires were delivered within the study area. The results of the residential support portion concluded that a simple majority was not obtained neither as a whole nor by block on any of the four (4) study roadways. Staff reviewed the collision history for the neighbourhood and noted that a collision problem does not exist. In accordance with the Neighbourhood Speed Control Policy, a speeding problem and community support were not fulfilled for any of the study roadways either as a whole or by a block by block segment. Staff concluded that no further action is required at this time. For the locations with identified speeding problems, enforcement by Niagara Regional Police will be requested by Staff. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial, staffing, or legal implications with Staff’s recommendation. 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: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 543 of 819 TS-2020-10 Garner Estates Speed Control Review Garner Estates Subdivision Sections of Road Included In the Study Area Sections of Road Studied Separately (T/C Policy) Existing Speed Control Devices Forestview Blvd. McGarry Dr.St. Michael Ave.Speed Cushions Speed Cushions Centre Medians Traffic Circle Angie Dr.Page 544 of 819 MW-2021-11 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-11 Clifton Hill – Parking Controls RECOMMENDATION 1. With the removal of paid parking, the parking controls on Clifton Hill be revised to reflect the following: A. a stopping prohibition with a tow away zone designation be established on the south side of Clifton Hill between Victoria Avenue and Falls Avenue; B. a stopping prohibition with a tow away zone designation be established on the north side of Clifton Hill between Victoria Avenue and Oneida Lane; and, C. a parking prohibition be established on the north side of Clifton Hill between Oneida Lane and Falls Avenue, except at the WEGO transit stop, which is to be a standing prohibition. 2. That Council pass the corresponding amending bylaw on today’s agenda. EXECUTIVE SUMMARY The removal of the parking bays along several sections on Clifton Hill to widen the sidewalk will require these areas to be signed as areas where parking or stopping will be restricted. As a result, the entire south side of Clifton Hill between Victoria Avenue and Falls Avenue will be signed as a “No Stopping” zone, the north side of Clifton Hill between Victoria Avenue and Oneida Lane will be signed as a “No Stopping” zone, the north side of Clifton Hill between Oneida Lane and Falls Avenue will be signed as a “No Parking” zone, except at the WEGO stop, which will be a “No Standing” zone. BACKGROUND City Council approved Staff report MW-2020-25 at its November 17, 2020 meeting, which recommended removing all of the parking bays and widening the sidewalks on Clifton Hill. Page 545 of 819 2 MW-2021-11 February 9, 2021 ANALYSIS/RATIONALE The current parking controls on Clifton Hill between Victoria Avenue and Falls Avenue is a mix of metered parking, no parking and no stopping zones. The removal of the parking bays will require that the pay parking zone on Clifton Hill be removed from the City’s Parking and Traffic by-law. The recommended parking control is for the entire south side of Clifton Hill between Victoria Avenue and Falls Avenue, and the north side of Clifton Hill between Victoria Avenue and Oneida Lane to be signed as a “No Stopping” zone. The north side of Clifton Hill between Oneida Lane and Falls Avenue will be signed as a “No Parking” zone since there are two continuous westbound through lanes, except at the WEGO bus stop, which will be a “No Standing” zone. The parking machines will be removed following the Family Day holiday weekend, and all the signs will be adjusted accordingly. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The removal of the parking machines and changeover of the signs is to be carried out by Transportation Services staff. The labour and material costs will be accounted for in the 2021 General Purposes Budget. It is estimated that the cost to change the signs is approximately $2,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS Attachment #1 – Proposed Parking Bylaw Map Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 546 of 819 MW-2021-11 Clifton Hill Parking Controls Proposed “NO STOPPING” Tow Away zone Proposed “NO PARKING” zone Proposed “NO STANDING” zone Page 547 of 819 MW-2021-14 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-14 Clifton Hill Sidewalk Widening Update RECOMMENDATION That Council receives for information Report MW -2021-14 pertaining to an update on the status of the Clifton Hill Sidewalk Widening project. EXECUTIVE SUMMARY Council previously gave approval to proceed with permanent works necessary to widen sidewalks on Clifton Hill at the November 17, 2020 meeting of Council. Presented at this meeting were design concepts that included sidewalk widening in several areas between Victoria Avenue and the Niagara River Parkway, and a gateway feature at Oakes Garden Theatre. The project team has recently concluded that some elements of the original plan may require additional time and effort in order to be realized, due to previously unknown additional archaeological clearances required for the lands within the Niagara Parks Commission’s boundaries. Given this new information, Council has been provided with this report as an update on the project status and to outline the new phasing strategy and potential additional costs associated with the required studies. BACKGROUND On November 17, 2020 a report was approved by Council that set in motion a project, fully funded by contributions from the Clifton Hill BIA and HOCO Limited, which included the following key elements: 1. Widening of sidewalks in place of parking stalls on Clifton Hill between Victoria Avenue and Falls Avenue; 2. Widening of sidewalks behind the retaining wall (NPC Lands) on the South Side of Clifton Hill between Falls Avenue and the Niagara River Parkway; and, 3. Creation of a future gateway feature at the northwest quadrant of Clifton Hill and the Niagara River Parkway (Oakes Garden Theatre Gateway). Over the past several months the design team and stakeholders have been hard at work moving this project forward with the goal of completing construction in late Spring 2021 (all except for the gateway feature). This report provides Council with an update on progress and some noteworthy changes to the original plan. Page 548 of 819 2 MW-2021-14 February 9, 2021 ANALYSIS/RATIONALE Upon approval, Niagara Parks Commission immediately proceeded with an on-site stage 2 archaeological assessments of the lands on their property behind the existing retaining walls between the HOCO Limited property and the Niagara River Parkway that is needed for expansion of the sidewalks. The results of the assessment concluded that further investigations (Stage 3) is required before Ministry of Heritage, Sport, Tourism and Culture Industries approvals can be considered. Depending on the results of the Stage 3, mitigation (stage 4) measures will be required for Ministry approval to permit construction of the sidewalk expansion. The cost for a stage 3 archaeological assessment is approximately $130,000 - $150,000 should the field work be undertaken in early spring. If required, Stage 4 (mitigation) assessment is estimated to cost between $165,000 and $260,000. Both stage 3 and 4 assessments could be completed by May. The field work could be undertaken earlier in February however winter field archaeological costs are 4 to 5 times higher. This additional expense to the project has been cause for concern due to the fact that no party (City, NPC, nor businesses) desire to add the stage 3 expense to the project especially with risk of additional stage 4 costs to proceed with construction. In order to manage the implications of the archaeological assessments, this project has been divided into the following phases. Phase 1 – Removal of on-street parking, widening of sidewalks, and relocation of affected infrastructure (e.g. streetlighting, catchbasins, etc.) between Victoria Avenue and the easterly limit of the HOCO Limited property. Tender was released on February 2, 2021, and subject to favourable tendering results, construction is expected to commence in early March and be completed before Victoria Day. Phase 1 will also include the detailed design of phases 2 and 3. Phase 2 – Removal of the stone wall between the HOCO Limited property and Falls Avenue to facilitate a wider sidewalk. Niagara Parks has indicated the phase 2 solution will need to be engineered based on no excavation and limited to surface works only to avoid impacts to buried archaeological resources. Once engineering details are prepared the proposed plans will be submitted to the Ministry of Heritage, Sport Tourism and Culture Industries for approval prior to proceeding with construction. Phase 3 – South Side of Clifton Hill between Falls Avenue and the Niagara River Parkway - Permanent Construction of decorative stone wall in the relocated position and sidewalk construction involving excavation is subject to further Archaeological Assessment. Construction costs and timelines are to be determined. Phase 4 – Oakes Garden Theatre Gateway. Design concepts only within the terms of the current cost-sharing agreement. As indicated, further information is required with respect to the costs, timelines, and financial responsibilities associated with the additional work required to complete phases 2 and 3. Niagara Parks Commission has indicated that an agreement with the City is required for phase 2 and 3 work. Staff will be reviewing options with the project team and possibly coming back to Council with recommendations on a strategy moving forward. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Per the motions of Council on November 17, 2020 Council has directed Staff to enter into a cost- Page 549 of 819 3 MW-2021-14 February 9, 2021 sharing agreement with the Clifton Hill BIA and HOCO Limited for a 5-year reimbursement of the full costs of the work. Given the uncertainty of future phases of the project, the agreement will be modified to reflect Phase 1 efforts only. Future phases will require additional agreements subject to the similar terms. To date, approximately $60,000 in project expenses have been incurred for Phase 1 efforts. Should council desire to not proceed with phase 1 construction, the City will be required to cover these costs directly. As Council is reminded, the loss of approximately $200,000 in annual parking revenue was previously recommended to be incorporated into the 2021 and future budgets. CITY’S STRATEGIC COMMITMENT This project meets City Council’s strategic priority to provide a Healthy, Safe and Liveable Community. LIST OF ATTACHMENTS N/A Recommended by: Erik Nickel, Director of Municipal Works/City Engineer Respectfully submitted: Ken Todd, Chief Administrative Officer E. Nickel Page 550 of 819 MW-2021-10 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-10 Centre Street – Temporary Sidewalk Cafe Review 2021 Season RECOMMENDATION 1. That Council receive for information report MW-2021-10 including the five alternatives considered in order to facilitate temporary Sidewalk Cafes on Centre Street for the upcoming 2021 sidewalk cafe season; and further, 2. That Council support the conversion of Centre Street to one-way operations (alternative #4) thereby directing Staff to proceed with implementation of temporary roadway barriers to allow sidewalk cafes to be installed at the three locations as noted in this report for duration of the 2021 sidewalk cafe season (May 1, 2021 to September 31, 2021); and further, 3. That Council authorize an upset limit of $20,000 from account 11-3-342010-040000 Traffic Control Services - Contracted Services dedicated for expenditures related to the temporary conversion of Centre Street to one-way operations. EXECUTIVE SUMMARY Staff were requested by Council to review alternatives along Centre Street to allow for the streets restauranteurs to implement temporary sidewalk cafes during the COVID-19 pandemic. Currently, these restaurants do not have any feasible alternatives to install sidewalk cafes on their private properties. Therefore, five alternatives were reviewed, and the one-way conversion of Centre Street is the preferred solution from an implementation and functionality perspective. This alternative will convert Centre Street to one-way operations with traffic flowing from Victoria Avenue to Ellen Avenue. Sidewalk cafes will be installed within the road and separated from the traffic lanes with concrete jersey barriers. The cost estimate to implement this alternative is $20,000, which includes rental of the concrete barriers, additional traffic/wayfinding signage, and modifications to the traffic signals operations. Page 551 of 819 2 MW-2021-10 February 9, 2021 BACKGROUND Due to the impacts caused by the COVID-19 pandemic and resulting public health measures implemented in Niagara Region by the Ontario Government, the local hospitality industry has been significantly affected by reduced seating and building capacity regulations. Therefore to help provide relief to this industry, the City of Niagara Falls, has provided opportunities for restaurants to expand their outdoor seating to areas within the public realm, including within parking lanes, city boulevards and sidewalks, and on closed sections of road. Specifically, for the restaurants along Centre Street from Victoria Avenue to Ellen Avenue, the City, in collaboration with the Victoria Centre BIA facilitated the closure of this roadway from June 2020 to October 2020. Following Council’s request for Staff to review alternatives for Centres Street during the upcoming 2021 sidewalk cafe season, Staff undertook consultation with the Victoria Centre BIA, Clifton Hill BIA and Centre Street restauranteurs. Through this consultation a number of alternatives were considered. These are presented in the section below. ANALYSIS/RATIONALE Consultation Staff facilitated meetings with the Victoria Centre BIA, Clifton Hill BIA, and the Centre Street restauranteurs, specifically: Spicy Olive Bar and Grille, Sparks Steakhouse Restaurant / Maharajah Grand Indian Fine Dining, and Yanks Old Niagara Bar and Grill. These meetings have been occurring since the fall of 2020. The purpose of these meetings was to: 1) Obtain confirmation from the Centre Street restaurateurs on their intentions of operating temporary sidewalk cafes during the 2021 season, 2) Obtain feedback from the BIA’s on lesson’s learned during the 2020 sidewalk cafe season, and items that needed to be addressed; and 3) Develop a listing of responsibilities for each party involved to ensure success in 2021. Correspondence provided by the Victoria Centre BIA and the area businesses are included in Attachment #2. Alternatives Reviewed Through theses consultations, a number of alternatives were discussed, and the opportunities and challenges of each. 1) Full-time road closure (Centre Street between Ellen Avenue and Victoria Avenue) Page 552 of 819 3 MW-2021-10 February 9, 2021 Based on the experiences and feedback from local area businesses during the 2020 sidewalk cafe season, this alternative was not carried forward. 2) Daily road closures Following the concerns raised by area business during the beginning of the 2020 sidewalk cafe season with respect to a full street closure, daily closures were implements from late- July 2020 to the end of September 2020. At the time, this scenario allowed for the concerns of area businesses to be temporarily mitigated, while allowing the sidewalk cafes to remain in operation. Due to the significant staffing and costs required to facilitate this alternative, it is not recommended again for the 2021 sidewalk cafe season. This alternative was not carried forward. 3) Lane reductions (one side only) Lane reductions were reviewed for only side of Centre Street, and based on the exiting roadway widths, two-way traffic was not able to be maintained, while allowing for enough sidewalk cafe width to make the installations functional. Furthermore, if lane reductions were implemented, it would not allow for restaurants on both sides of Centre Street to participate. This alternative was not carried forward. 4) Conversion to one-way traffic operations To allow for additional roadway and sidewalk cafes widths, while maintaining pedestrian facilities on both sidewalks of Centre Street, one-way traffic operations were reviewed. This alternative is proposing one-way traffic operations with vehicles flowing from Victoria Avenue to Ellen Avenue. This alternative has the following benefits: - Serves the predominate flows of traffic along Centre Street, which address concerns from Ellen Avenue businesses of reduced access to customs/exposure; - Allows for sidewalk cafes to be installed for the duration of the sidewalk cafe season, eliminating the need to remove furniture daily; - Allows for emergency access to be maintained at all time; - Minimal works required at the traffic signals on Victoria Avenue at Clifton Hill/Centre Street; - Does not require the installation of traffic control/lane closures along Clifton Hill or Victoria Avenue. This alternative was carried forward for additional review and consultation. 5) Do Nothing Page 553 of 819 4 MW-2021-10 February 9, 2021 This alternative aligns with the BIA’s request, and has zero cost to the City; however, doing nothing will preclude the opportunity for the three restaurants to operate sidewalk café’s. Preferred Alternative Therefore, following a review of all feasible alternatives, Staff are recommending that Alternative #4 – One-way traffic conversion on Centre Street is considered for the 2021 sidewalk cafe season. Attachment #1 illustrates a conceptual layout of the plan and potential seating arrangements for each establishment. To ensure the safety of the sidewalk cafe occupants and general public, Staff are recommending that a physical barrier be installed, separating the traffic lanes and the temporary sidewalk cafes. This barrier will consist of a concrete style jersey barrier. Following discussions with the Centre Street restauranteurs, it was confirmed that they will be responsible for constructing temporary platforms on the road surface, within the sidewalk cafe area, to ensure accessible requirements are satisfied. The construction of the platforms, all sidewalk cafe furnishings, and any permits required will be at the cost and responsibility of the sidewalk cafe owner. Under this alternative, the City will be responsible for the installation of the barrier, wayfinding (detour routes), and modifications to traffic signage / traffic signal operations. Concerns were raised with respect to a sidewalk cafe installation extending beyond the property’s interior lot line and through the neighbouring property’s driveway. Currently, this property is an unlicensed commercial parking lot which has had access to its property restricted by the City due to noncompliance. Through discussions with the property owner at 5036 Centre Street, their intentions are to obtain a commercial parking lot license in 2021, following adhering to all of the Commercial Parking Lot Bylaw requirements. Access requirements can be review at that time. There are opportunities to allow for access into this property via Ellen Avenue, through the construction of a new temporary driveway, or though the neighbouring property who have provided consent. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The rental of the concrete barriers, additional traffic/wayfinding signage, and modifications to the traffic signals operations is estimated to cost $20,000 and can be carried out by Transportation Services staff. Subject to Council’s approval of the budget, the rental and outside contract costs can be accommodated for in the 2021 General Purposes Budget account 11-3-342010-040000 Traffic Control Services - Contracted Services. Typically $50,000 is budgeted annually in this account to accommodate special event traffic control, which is expected to be greatly reduced in 2021 due to Public Health directives regarding COVID-19. Page 554 of 819 5 MW-2021-10 February 9, 2021 Staff recommend earmarking an upset limit of $20,000 from this budget in order to establish some guiding parameters on the overall extent of assistance possible to facilitate the sidewalk cafe program in 2021. Any expenses beyond this upset limit will be the responsibility of the sidewalk café applicants or the BIA, whichever is applicable. CITY’S STRATEGIC COMMITMENT The recommendations in this report Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS Attachment #1 – One-Way Conceptual Layout Plan Attachment #2 – Correspondence from the Victoria Centre BIA and Area Businesses Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 555 of 819 2.85m 2.39m 2.68m ELLEN AVE. VICTORIA AVE.CENTRE STREET1.98m 2.33m 5019 CENTRE ST.5027 CENTRE ST.5031-5033 CENTRE ST.5035-5039 CENTRE ST.5725-5729 VICTORIA AV.5731 VICTORIA AV.CENTRE ST.5011 CENTRE ST.5733 VICTORIA AV.5026-5030 CENTRE ST.5008 CENTRE ST.5020 CENTRE ST.5024 CENTRE ST.5036 CENTRE ST.SPARKS5.0m 5.0m 5.0m22.4m26.6m2.29m2.49m18.0m0.75m0.75m2.17m0.75m1.83m[6']1.83m [6']1.83m [6']1.83m[6']1.83m [6']1.83m [6']1.83m [6']SPICYOLIVE1.83m[6']1.83m[6']1.83m[6']1.83m[6']1.83m[6']1.83m[6']1.83m[6']1.83m[6']1.83m[6']YANKSCENTRE STREET2.1.1 title sheet2.1.2 draft reference plans (or registered plans if available)2.1.3 draft plan of subdivision2.1.4 general plan of services2.1.5 subdivision grade control plan2.1.6 sanitary drainage area plan2.1.7 storm drainage area plan2.1.8 plan and profile drawings2.1.9 construction details2.1.10 street lighting plan2.1.11 landscaping/streetscaping/park plans (including details)2.1.12 standard notes BENCHMARK DATUM(PLACE # HERE)ELEVATION - XXX.XXXX OF XX CENTRE STREETFROM VICTORIA AVE. TO ELLEN AVE. SEATING PLAN CONCEPTXX-####XX-####0City of Niagara Falls4310 Queen StreetNiagara Falls, ON, CanadaL2E 6X5 T: 905-356-7521Page 556 of 819 Mr. Bill Matson January 23,2021 City Clerk City of Niagara Falls 4310 Queen Street P.O. Box1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Matson and City Councillors: As you know the VCBIA had agreed to the closure of Centre Street between Victoria Avenue/Clifton Hill and Ellen Avenue last May 2020 due to Covid-19 restrictions on indoor dining. The move was to assist three restaurant owners install patios and have some source of revenue during the pandemic. Once restrictions were lifted and 50% indoor dining was allowed, the VCBIA Board of Directors voted to reopen the road and have traffic resume to normal. City Council did not favour the decision and the City of Niagara Falls decided to open and close the road each night allowing the business owners to continue with patio service. This agreement cost approximately $70,000 and was funded solely by the City of Niagara Falls. Moving forward to the 2021 tourist season, the business owners of Centre Street once again wish to have the Centre Street area used for patio service. They also requested safety barriers and signage to be funded in its entirety at an approximate cost of $16,000 to be funded by the City of Niagara Falls. Between the business owners and the city staff, a one-way solution was drafted up with traffic going north from Clifton Hill to Ellen Avenue on Centre Street. In the VCBIA Board of Directors board meeting on November 11, 2020 a resolution was passed. The resolution is as follows: Page 557 of 819 “The VCBIA is not in favor of any closure or modification to traffic flow on Centre Street during the tourist season of 2021. It is the responsibility of the VCBIA to consider all business members within our area and to serve all members equally “. After several letters and correspondence from the business owners on Centre Street, the VCBIA Board of Directors called an Emergency Meeting to reopen the discussion to discuss the board rescinding their motion. At this time, the VCBIA administrator sent an email to the members on file that had valid email addresses (64 in total out of 112 members) asking for a reply to the question of how they feel about having Centre Street traffic go the proposed one-way direction for the tourist season. Only 21 members responded with 12 members in favour of the one-way street and 9 opposed. The Board of Directors had a lengthy discussion regarding the issue. There were many pro’s and con’s brought up during the discussion. Listed below are some of the issues that arose from the debate: -we have had several requests from members to do other things this season that all are against city bylaws -members requested food trucks in the area -members requested some parking lanes closed to expand their patios -members requested turning lanes on Victoria closed to install larger Patios -members requested funding from the city to install their patios since the city is funding the safety barriers and signage on Centre Street -traffic patterns will be altered effecting neighbouring business’s -creates an unfair advantage to competing business that cannot offer patios due to their location Page 558 of 819 -safety barriers and signage will alter the aesthetics and will not look as nice as the new streetscape plan that was done on Victoria, thus looking more like a construction zone ,decorative barriers come at a higher cost -delivery trucks and cars stopping to pick up or deliver supplies Therefore, with the above-mentioned reasons, the VCBIA Board of Directors upheld their original motion and would like to submit this motion to the City council. It again reads as follows: “The VCBIA is not in favor of any closure or modification to traffic flow on Centre Street during the tourist season of 2021. It is the VCBIA responsibility to consider all business members within our area and to serve all members equally. “ We respectfully request that City Council respects this decision during their deliberations. Yours truly, Tim Parker Office Administrator Victoria Centre BIA Scotiabank Convention Centre 6815 Stanley Avenue, Niagara Falls L2G 3Y9 Phone: 905-357-6222 x 7234 Cell: 905-714-3828 www.TopOfCliftonHill.com CLIFTON HILL DISTRICT – VICTORIA AVENUE Cc: Eric Maron Page 559 of 819 Page 560 of 819 Page 561 of 819 Page 562 of 819 Page 563 of 819 Page 564 of 819 Page 565 of 819 Page 566 of 819 Page 567 of 819 Page 568 of 819 Page 569 of 819 Page 570 of 819 Page 571 of 819 Page 572 of 819 Page 573 of 819 Page 574 of 819 Page 575 of 819 Page 576 of 819 Page 577 of 819 Page 578 of 819 Page 579 of 819 Page 580 of 819 Page 581 of 819 Page 582 of 819 Page 583 of 819 Page 584 of 819 Page 585 of 819 Page 586 of 819 Page 587 of 819 Page 588 of 819 Page 589 of 819 1}.14!“? 133"E:_<_m.nmo: mmsn33%:_nm_uEm_.<m.NOEmam>_<_ ._.918%?m:N<_o m.__a.9..n25293:0 3031.320%:AE_omm:@:_mmmEJ__m.nmv mas:_<_o:gm<.mmcEm=<m.N8»95ES .3"mIA.“:30.0%:AE8mm:©:_mmm_.mmm__m.nmvME:_<_mGo: Aw3mGo:®:_mmm_.mmm__m.nmvw_<_m§m<<m._3$._A3E_oQmm:®:_mmm::_m__w.nmv 93.2:mm“Enn:.___o Umm«mm3_ 153.20:3355m3mm._m3§o_:m_:m_<_m.m2.0%?mi9:Q3Qmznw:<_m.8o:. :3 :3Eomm: _ _<_m<o« _ n:<o*2$mmS3% 38Dcmmsm.:mm.. _zammamm__.n;ozSmmxm _ mommmmum?x38 _ _u_.o=:mIA,v mmsn_<_o:am<.mm_oEmq<Mr~05MKSas ._.9:390%:A.2o&._amm_‘m+m__m.nmv mc_£.mnnEnn=.___o EB. mmcan9.:oo=<oEmmon$2::6canSaw38$Eowommr$590vsmmswmmwmon$5:03:Ramomomd?a $555588man83$mwmsmmo«SSAmo<Q.amsmn??mab?mom3WBEUEWos39m?amom:5 H Page 590 of 819 o_om:8v$5055.05»309mmom@338isown£3manoimoosanmEu3:5?owom<§oEm35838 SEaxqmo:mo8oBoEom0053.03ooBB$wMosmw.om. ??bwwoz3?55,wow.SKEWosuEocm?mE8oosmaommmod. wwsoomaaamm?E00520 Page 591 of 819 mm:1_.o3:23.25 Page 592 of 819 MW-2021-13 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Transportation Services SUBJECT: MW-2021-13 Proposed Parking Fine Increase Update Report RECOMMENDATION 1. That council approve the implementation of fine increase for 2021 effective immediately EXECUTIVE SUMMARY At its meeting on January 19, 2021 Council was presented report MW-2021-02 Proposed Parking Fine Increase. This report outlined a request to increase the parking fine rates for the City of Niagara Falls in 2021. On review, Council directed staff return with more information and the impacts of a potential July 1st 2021 implementation date. The comparative information Council has requested in this report. Additionally, Staff would like to remind council that for unsigned, and lesser known offences, warning notices are issued to residents firstly before ticketing fines. As such, Staff maintain that immediate implementation of the fine increases are justified at this time. BACKGROUND Parking rate fines have not changed for over twenty years with the last fine increase occurring in 2000. As cost of parking increases so should the rate of penalty fees to maintain that a fine serves as a deterrent to illegal parking and address public safety concerns. It is also important to note that with the increase cost and demand for parking spaces that tourists and locals will take their chances to park illegally and get a lower fine ticket, rather than paying a higher amount for special event parking when visiting Niagara Falls. Parking fines are structured based on the level of public safety concerns related to the event. Expired meters being among the lower penalties and fines related to impeding traffic or safety to the public having a higher fine value as a greater deterrent to the motorist. Page 593 of 819 2 MW-2021-13 February 9, 2021 The proposed parking fine change is a one time increase to bring the City of Niagara Falls in line with other municipalities and will be reviewed going forward every four to five years. ANALYSIS/RATIONALE Parking rates and fines should be reviewed regularly to determine cost effectiveness, supply and demand needs and municipal best practices. Rate changes have been approved in the 2021 Schedule of fees and are reflective in the 2021 Parking Budget revenues. Council requested a comparison of fines from other municipalities to ensure the proposed rates are fair and consistent with other local area municipalities. The table below provides a comparison of other local and comparator municipalities, and their current fine rates for parking infractions. Parking Fine Type Expired Meter No Parking No Stopping Niagara Falls $20.00 $25.00 $50.00 St. Catharines $20.00 $30.00 $48.00 Thorold $25.00 $50.00 $50.00 NOTL $25.00 $30-$40 $50.00 Niagara Parks Commission $30.00 $30.00 $30.00 Guelph $30.00 $35.00 $45.00 London $30.00 $40.00 $60.00 Hamilton $24.00 $33.00 $75.00 Proposed New Fines $25.00 $30.00 $60.00 Staff is recommending the increases by type noted above, and as shown in the attachment, with exception “obstructing a fire hydrant” fine increase from no parking fine regulation rate to a no stopping regulation rate being considered a higher level safety concern to the public in line with other municipalities Although an immediate increase in fines may appear to be financially challenging for some, Council is reminded that there exists in place a program in place to assist City residents through the issuance of warning tickets with zero financial impact on the vehicle owner. Upon the direction of Council, several years ago City parking enforcement began issuing warning for a number of unsigned and unfamiliar regulations in the hopes to educate the public, improve compliance, and to avoid unexpected penalties. These types of violation are often committed unintentionally by the public and warning tickets serve as a better method of communication that such regulations exist. These unsigned regulations are often misunderstood, such as: parking a vehicle longer than 12 hours on any city street, parking too close to the edge of or over onto a roadway, Page 594 of 819 3 MW-2021-13 February 9, 2021 parking a vehicle more than 12 inches from a curb, parked facing the wrong way. City parking service maintains this system of warnings in hopes the practice will continue to assist the residents understanding as well as using the MyCity guide annually to share information on unfamiliar bylaws. Consequently, Staff believe the recommendation for increase in fines remain justified at this time given the generous graces already offered through the warning practices. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff estimate that the delaying of the implementation of parking fine increase until July 1st 2021 results in an estimated $24,000 in revenue loss and no implementation of fine increase would result in approximately $85,000 in lost potential revenue based on 2018 and 2019 ticket issuance statistics. These estimates however are highly influenced by the current Public Health restrictions. Approving the fine increase effective immediately would not necessitate any further funding from Parking Reserves, however further funding will be required from the reserves for any delays or postponement of fine increases. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Provide a convenient, cost effective and customer friendly parking system based on the User Pay Philosophy. LIST OF ATTACHMENTS Parking fines rates current and proposed Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer P.Brown Page 595 of 819 Fine Type Administrative Penalty VIOLATION Fine - Current Fine - Proposed (STOP/STAND/PARK) FACING WRONG WAY $25.00 $30.00 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $25.00 $30.00 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $50.00 $60.00 (STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A ONE-WAY HIGHWAY $50.00 $60.00 (STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE WAY HIGHWAY $25.00 $30.00 (STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A ONE-WAY HIGHWAY $25.00 $30.00 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $25.00 $30.00 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $25.00 $30.00 (STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER VEHICLE $50.00 $60.00 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $25.00 $30.00 (STOP/STAND/PARK)A LARGE MOTOR VEHICLE IN A RESIDENTIAL AREA $50.00 $60.00 STOP ON/OVER/PARTLY ON SIDEWALK $50.00 $60.00 STOP WITHIN AN INTERSECTION $50.00 $60.00 STOP ON OR BESIDE A MEDIAN $50.00 $60.00 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $50.00 $60.00 STOP WITHIN A CROSSWALK $50.00 $60.00 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $50.00 $35.00 PARK ON BOULEVARD WHERE PROHIBITED $25.00 $30.00 STOP WHERE PROHIBITED BY SIGN $50.00 $60.00 STAND NEAR DESIGNATED BUS STOP $50.00 $60.00 STAND WHERE PROHIBITED BY SIGN $50.00 $60.00 PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR DRIVEWAY $25.00 $30.00 PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF ROADWAY $25.00 $30.00 PARK FOR SERVICING OTHER THAN EMERGENCY $25.00 $30.00 PARK WITHIN 10M OF AN INTERSECTION $25.00 $30.00 PARK WITHIN 3M OF A FIRE HYDRANT $25.00 $60.00 PARK FOR MORE THAN 12 HOURS $25.00 $30.00 PARK ON AN INNER BOULEVARD $25.00 $30.00 Page 596 of 819 PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY,DRIVEWAY OR CURB CUT/DEPRESSED CURB $25.00 $30.00 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $25.00 $30.00 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $25.00 $30.00 PARK ON BOULEVARD $25.00 $30.00 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $80.00 $90.00 PARK A HEAVY VEHICLE ON A BOULEVARD $80.00 $90.00 PARK IN A CUL-DE-SAC $25.00 $30.00 PARK WHERE PROHIBITED BY SIGN $25.00 $30.00 PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY SIGN $25.00 $30.00 PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $20.00 $25.00 PARK NOT ADJACENT TO METER $25.00 $30.00 ANGLE PARK AT METER - WRONG DIRECTION $25.00 $30.00 PARKED OUTSIDE METERED SPACE $25.00 $30.00 PARK IN OCCUPIED METER SPACE $25.00 $30.00 PARK AT COVERED METER $25.00 $30.00 DEPOSIT UNLAWFUL COIN IN PARKING METER $25.00 $30.00 PARK OVER TIME LIMIT - METERED ZONE $20.00 $25.00 PARK AT EXPIRED METER $20.00 $25.00 PARK AT EXPIRED METER DESIGNATED STREETS $12.00 $15.00 (STOP/STAND/PARK) TAXI CAB IN METERED PARKING SPACE $25.00 $30.00 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $25.00 $30.00 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $50.00 $60.00 STOP A MOBILE CANTEEN WHERE PROHIBITED $50.00 $50.00 STAND AT A TAXI STAND $40.00 $50.00 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $50.00 $60.00 STOP IN LOADING ZONE $50.00 $60.00 Park- Private property where prohibited by sign $25.00 $30.00 Park- City property where prohibited by sign $25.00 $30.00 PARK ON DAYS OR TIMES NOT PERMITTED $20.00 $25.00 PARKED LONGER THAN PERMITTED BY METER $20.00 $25.00 PARK DISPLAYING EXPIRED TICKET $20.00 $25.00 PARK DISPLAYING NO TICKET $20.00 $25.00 PARKED WITHOUT A VALID PERMIT $25.00 $30.00 Page 597 of 819 PBD-2021-07 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-07 Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020-001, 5528 Ferry Street, (formerly 5510-5526 and 5536 Ferry Street, 5916 Allendale Avenue, 5943 Stanley Ave, and a vacant parcel on Stanley Avenue). Applicant: La Pue International Inc. (Pawel Fugeil) RECOMMENDATION Should Council support the request by La Pue International Inc. to amend the Revitalization Grant Agreement to allow for a phased Revitalization Grant under the Historic Drummondville CIP, it is recommended that: 1. Council pass the By-law authorizing the execution of an amended and restated Revitalization Grant Agreement between La Pue International and the City as attached to this evening’s agenda; and 2. that the revitalization grant request be forward to the Niagara Region for support under the Smart Niagara Incentive Program (SNIP). EXECUTIVE SUMMARY A Revitalization Grant Agreement was entered into by La Pue International and the City of Niagara Falls in compliance with the decision of Council on April 2, 2020 to provide a tax increment based grant upon completion of the development as a single project consisting of three separate buildings. The Owner has requested that the agreement be amended such that the tax increment based grant would be received over 3 separate phases, at the completion of each building, rather than at the completion of the whole of the development. In addition, the revised agreement would recognize an increase in the estimated cost of development. If supported by Council, the existing agreement would be rescinded and replaced by a new agreement with the changes outlined in this report. A copy of the revised agreement has been signed by the applicant and is attached to this evening’s agenda for Council’s review. Page 598 of 819 2 PBD-2021-07 February 9, 2021 BACKGROUND An amendment to the City’s Zoning By-law was approved in early January 2020 to permit a 7 storey mixed use building with 65 dwelling units and 893 m2 of commercial floor space; a 30 storey apartment building with 285 dwelling units; and a 6 storey, 148 room hotel on lands currently identified as 5528 Ferry Street. The property is an amalgamation of five previously separate properties located on the south side of Ferry Street, the east side of Allendale Avenue and the west side of Stanley Avenue. On April 2, 2020, City Council considered an application made under the Historic Drummondville Community Improvement Plan Revitalization Grant Incentive Program through Planning Report PBD-2020-22. The estimated amount of the Revitalization Grant was based on project costs of $151.3 million. The recommendations of PBD-2020-022 were approved by Council and were acted upon as follows: The CIP Boundary Area By-law 2006-226 was amended through By-law 2020-30 on April 21, 2020 to include the whole of the lands owned by the applicant. A Revitalization Grant Agreement was forwarded to the applicant and returned signed (May 2020). The Agreement was signed by the Mayor and Clerk. A copy of the signed agreement was forwarded to the Niagara Region for consideration under their SNIP Program. Page 599 of 819 3 PBD-2021-07 February 9, 2021 The City sent a request to the Niagara Region on April 27, 2020 to consider an amendment to the Region’s Development Charges By-law to include the whole of the subject lands. (The City has not received a formal response from the Region). The Revitalization Grant Agreement was prepared under the provisions of the program, such that the grant would be issued to the applicant only after construction of the three buildings and after a reassessment of the property by the Municipal Property Assessment Corporation (MPAC). In June, 2020, subsequent to the signing of the agreement, the applicant requested that the City ‘hold’ the Agreement in response to notes made by their Solicitor regarding the terms of the agreement. The changes proposed are outlined and discussed below. The Revitalization Grant Program The Historic Drummondville Community Improvement Plan (CIP) focuses on the redevelopment of key vacant and underutilized properties in the Plan area and on increasing the number of people living in the area who can support existing and new businesses. Eligible projects under the Revitalization Grant Incentive are those that result in an increase in assessment value and taxes on a property subsequent to redevelopment or rehabilitation of a building or vacant property. Time provisions are built into the CIP and the incentive programs to benefit the CIP area over the short term. The Revitalization Grant Program offers a financial incentive in the form of a grant to help offset the increased municipal property taxes that can result from the rehabilitation and revitalization of a property. The resulting increase in property assessment and taxes would be eligible for a re-imbursement at a rate of 80% (of the increase) in years 1 to 5; 60% in years 6 and 7; 40% in year 8; and 20% in years 9 and 10. Previous revitalization projects supported by the City through the Tax Increment Grant Incentive have been much smaller in scale and costs. The City has entered into 7 previous revitalization grant agreements within the Downtown and the Drummondville CIP Areas with estimated grants ranging from $35,000 to $108,000. Regional Participation in the Revitalization Grant Program The Niagara Region has previously participated in the Revitalization Grant Program by providing a tax increment rebate on the Region’s portion of taxes. City supported revitalization grant applications are forwarded to the Region to request its participation in the incentive. Incentives are subject to available funding under the Region’s Smarter Niagara Incentive Program. Upon request by La Pue International Inc., a Regional response regarding participation in the original CIP approval was put on hold. REQUESTED CHANGES Phasing Request Page 600 of 819 4 PBD-2021-07 February 9, 2021 The Revitalization Grant Incentive is structured to provide a grant only after the whole of an approved development has been constructed and MPAC has issued a reassessment of the whole of the property. The basis of this requirement is to ensure that the whole of a redevelopment as considered by Council has been completed and that the City is not providing a tax increment grant on a partial improvement. Referencing the scale of this development, the applicant has requested changes to the agreement to allow the grant to be paid when and only if construction has been completed for each individual phase, over three phases. A site plan of the proposed development with identification of the 3 phases and their build out is attached as Appendix 1. Term of Agreement The intent of the program is to encourage improvement and redevelopment within these CIP areas in a timely manner and therefore time limits are built into the process. A standard term of 7 years for complete project build out has been applied in previous revitalization grants. This time frame is an important control mechanism to ensure that all phases of the development as considered by Council in their support of the application is completed. The applicant has requested that this limit be increased to 10 years for project completion. Should any phase of the development not be completed within 10 years of the date of the agreement, the tax incentive would no longer apply to that phase. Condominium Unit Sales The Historic Drummondville CIP incentive programs did not contemplate the sale of individual units through a residential condominium. The sale of individual units complicate the incentive grant payment since all taxes must be paid before a grant payment can be issued. After a sale of a unit has taken place, the payment of all taxes on the property is no longer under the control of the applicant. The agreement has been revised to waive the requirement to notify the City prior to the sale of individual units within the residential condominium and to ensure that any outstanding taxes, not received from those individual owners, are deducted from the yearly tax rebate. If outstanding tax payments are corrected prior to the following tax rebate period, the grant may adjusted at that time. This process will involve the yearly Staff review of the tax status for all individual condo units to verify the amount of the tax increment grant for the term of the agreement. Cost of construction and development design The estimated cost of all construction submitted by the applicant and considered by Council in April of 2020 was $151,319,000.00. In July 2020, the applicant submitted a revised estimate of costs totaling $213,176,324.00. The estimated costs of construction sets the maximum amount of grant that can received by the applicant through the tax Page 601 of 819 5 PBD-2021-07 February 9, 2021 increment grants plus any other grants received. The potential grant estimates are discussed further in the financial implications section of this report. The applicants have also noted that the residential condominium phase of the development (Phase 2) which was approved at a height of 30 storeys may instead be built at a height of 22 storeys, retaining the same number of residential units. This change in design, or any other changes, may require an amendment through the City’s planning processes such as site plan control. Since the revitalization grant agreement must be consistent with designs considered by Council through the application and with other Planning Act approvals, such as site plan control, a clause has been added to the agreement to recognize any modifications as approved by the City. Grant calculation and financial implications As noted previously, the tax increment based grant is usually confirmed when rehabilitation of the property is completed in its entirety and the Municipal Property Assessment Corporation (MPAC) has completed its re-assessment. In the three phase approach requested by the applicant, the tax increment between the pre-rehabilitation and the final construction of each phase is calculated separately for each phase. Since the pre-rehabilitation assessment for Phases 2 and 3 is dependent on the day of commencement of that phase, the potential tax increase and consequently estimated grant amounts cannot be included in Schedule B (Incentive Grant Calculation). Based on the updated estimated total construction value of $213,176,324.00 and the estimated total increase in tax assessment, the City’s portion of the grant is estimated to total approximately $8,079,929.32 at the end of the 10 year grant period. (The grant considered by Council through the 2020 agreement was estimated to total $5,548,187 at the end of the 10-year grant period based on the then estimated construction value of $151,219,000.00). It is important to note that the final grant will be calculated using the actual post-project assessed values, as determined by MPAC, and therefore may substantially exceed the current estimate of the grant. Process As noted above, the changes requested are not consistent with Council’s original decision and the intent of the program for completion of all improvements on the whole of the property before the reassessment of the property and issuance of the tax increment rebate. As such, a new decision of Council and a new agreement is required. As directed, Staff have had discussions with the applicant and their solicitor to prepare a new agreement. A copy of this agreement has been signed by the applicant and has been included on this evening’s agenda. If approved by Council, the agreement will be adopted through a By-law and be registered on title. It would then be forwarded to the Region to request their participation in this incentive. Without the Region’s participation, only the City portion of the property taxes would be used to calculate the grant. Page 602 of 819 6 PBD-2021-07 February 9, 2021 It is noted that Regional Staff have been delegated approval of tax incentive grants subject to a cap. Consequently, the Region’s participation in this specific grant may require the decision of Regional Council. The current Regional review of their CIP programs and budgeting may also impact on the decision to participate in the program. SUMMARY The tax incentive grant agreement prepared for Council’s consideration this evening has been modified from the original agreement to: authorize a total project cost of up to $213,176,324.00, depending on the amount of eligible costs actually incurret by the applicant; emphasize that Regional participation in the program is up to the Region and that the City will only be responsible for a tax increment grant on the City’s portion of the taxes. This is consistent with the signed agreement; includes the 10 year term for the agreement, instead of 7 years; add a clause that would allow minor changes to the design, such as the reduction in the number of stories in Phase 2 from 30 to 22 storeys, subject to the appropriate planning approvals; update Schedule A with the current land description; update Schedule B, Revitalization Grant Calculation with the new estimated cost of construction and estimated grant; add a new Schedule C, Phasing Concept Plan for clarification (identical to Appendix 1 attached hereto); make minor legal wording changes; and rescind the previous agreement and register the new agreement on title. LIST OF ATTACHMENTS Appendix 1 – Phasing Concept Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer gd Attach. S:\PDR\2021\PBD-2021-07, DRU-2020-001, La Pue, 5528 Ferry Street.docx Page 603 of 819 7 PBD-2021-07 February 9, 2021 APPENDIX 1 Phasing Concept Plan 43328744.1 Page 604 of 819 F-2021-09 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-09 Monthly Tax Receivables Report – December RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as of December 31, 2020 were $24.0 million compared to $14.5 million in 2019. During December, tax receivables as a percentage of taxes billed increased from 7.2% in 2019 to 11.6% in 2020. The City’s finance staff has had continued success in resolving properties that were subject to registration for 2020. There are currently ten properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2020 lags behind the collection history for 2019 for the month of December. Table 1 shows that taxes outstanding at December 31, 2020 are $24.0 million. This represents an increase from $14.5 million in arrears for the same period in 2019. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property class. The chart shows the taxes owing as a percentage by class from has decreased from a year ago for the residential property class whereas the commercial property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2020, 333 properties were subject to registration. Table 3 summarizes the progress of these actions after twelve months of activity. This table shows 82% of the tax accounts or 273 properties have been paid in full or the owners have made suitable payment arrangements. During December, twelve accounts were paid in full. Page 605 of 819 2 F-2021-09 February 9, 2021 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of December, no properties were registered. The outstanding taxes for registered properties represents 1.0% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at December 31, 2020 is 11.6%, which is an increase of 2019’s value at 7.2 %. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at December 31, 2020 Table 2 Taxes Receivable by Property Class at December 31, 2020 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Ferguson Page 606 of 819 TABLE 1 Taxes Receivable at December 31, 2020 2020 2019 Outstanding Taxes @ November 30, 2020 30,672,811$ 21,642,233$ Supplemental Due December 28, 2020 1,261,732$ 659,134$ Taxes Collected during December 7,908,512$ 7,815,280$ Outstanding Taxes @ December 31, 2020 24,026,031$ 14,486,087$ Outstanding Taxes by Year: 3 Years and Prior 1,236,178$ 784,691$ 2 Year 1,768,898$ 1,189,796$ 1 Year 3,682,720$ 3,505,017$ Current 17,338,236$ 9,006,583$ Total 24,026,031$ 14,486,087$ TABLE 2 2020 2020 2019 2019 Taxes Owing # of Outstanding Accounts Taxes Owing # of Outstanding Accounts ($)(#) Residential 10,257,356$ 6,721 9,117,334$ 7,195 1,140,022$ (474) Multi-Residential 132,182$ 14 84,665$ 20 47,517$ (6) Commercial 13,098,849$ 537 4,686,413$ 467 8,412,436$ 70 Industrial 509,494$ 49 577,657$ 28 (68,164)$ 21 Farmlands 28,150$ 36 20,018$ 37 8,133$ (1) Total Receivables 24,026,031$ 7,357 14,486,087$ 7,747 9,539,944$ (390) Variance Taxes Receivable by Property Class at December 31, 2020 Page 607 of 819 TABLE 3 Number of Properties Subject to % Registration as at December 31, 2020 Initial Amount (January 1, 2020)333 Paid in Full 97 29.1% Payment Arrangements 176 52.9% Ongoing Collection 60 18.0% Action Registered 0 0.0% 333 100.0% TABLE 4 May 2021 2 66,076$ November 2021 4 102,617$ May 2022 4 71,014$ Totals 10 239,707$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 608 of 819 MW-2021-12 February 9, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-12 Assumption of Various Subdivisions RECOMMENDATION That City Council formally assume Deerfield Estates Phases 9 (Stages 1, 2A, 2B & 3)- Plan 59M-384, Deerfield Estates Phases 10- Plan 59M-413 , Windy Lane- Plan 59M-407, Chippawa West Phase 2 Stage 2- Plan 59M-414, Optimist Park- Plan 59M-401 & Southgate Estates- Plan 59M-427. EXECUTIVE SUMMARY Final assumption of the subdivisions referenced herein is recommended on the basis that the respective developers have fulfilled their obligations under the Subdivider’s Agreement. Upon final assumption, all remaining securities shall be released to the Subdividers and the City shall assume responsibility for the operation and maintenance of the municipal infrastructure within the subdivisions. According to the terms in the Subdivider’s Agreement, the City shall issue a ‘Certificate of Assumption’ for the following subdivisions: Subdivision Registration Plan Deerfield Estates – Phase 9 Stage 1, 2A, 2B & 3 59M-384 Deerfield Estates – Phase 10 59M-413 Windylane Subdivision 59M-407 Chippawa West Phase 2 Stage 2 59M-414 Optimist Park Subdivision 59M-401 Southgate Estates 59M-427 Page 609 of 819 2 MW-2021-12 February 9, 2021 BACKGROUND Subdivider Agreements are entered into between the developer of a new subdivision and the City to ensure that the requirements of the City and external agencies are satisfied and that securities are provided where necessary. The Agreements outline the developer’s obligations to ensure that municipal infrastructure is constructed in accordance with the approved engineering drawings and in compliance with applicable standards. Prescribed maintenance periods are defined to ensure that construction deficiencies are identified and remedied prior to the City assumption. Final assumption defines that date when remaining securities are released to the Subdivider and all maintenance and operation responsibilities of the municipal infrastructure within the subdivision is assumed by the City. Following formal assumption and in accordance with the terms within the Subdivider’s Agreement, the City shall issue a ‘Certificate of Assumption’ to the respective Subdividers. ANALYSIS/RATIONALE The developers have fulfilled the obligations as described within their respective Subdivider Agreements and as such the following subdivisions are recommended for Final Assumption: MW File # Subdivision Registration Plan 2010-344 Deerfield Estates – Phase 9, Stages 1, 2A, 2B & 3 59M-384 2012-348 Deerfield Estates – Phase 10 59M-413 2013-351 Windylane Subdivision 59M-407 2014-354 Chippawa West Phase 2 Stage 2 59M-414 2013-349 Optimist Park Subdivision 59M-401 92-277 Southgate Estates 59M-427 The municipal infrastructure within these subdivisions has been inspected and deemed to have been constructed in accordance with the approved engineering drawings and in compliance with applicable standards. The required construction maintenance periods have expired. New Municipal Infrastructure (Assets) Through the assumption of the noted subdivisions, the City will assume responsibility for the operation and maintenance of the municipal infrastructure summarized below. Page 610 of 819 3 MW-2021-12 February 9, 2021 Length of Municipal Asset +/- (m) Subdivision Roads Sidewalks Storm Sewer Sanitary Sewer Watermain Deerfield Estates Phase 9 (Stg1-3) 2055 2408 1917 1910 2122 Deerfield Estates Phase 10 286 0 281 298 431 Windylane 317 0 325 334 374 Chippawa West Phase 2 Stage 2 558 647 575 578 564 Optimist Park 862 571 847 807 987 Southgate Estates 237 0 245 235 303 Total Length of Asset (m): 4315 3626 4190 4162 4781 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Following the formal assumption of the subdivisions as described herein, a Certificate of Assumption will be issued to the respective Subdividers and all remaining securities shall be released. Operations staff will be advised of the subdivision assumptions and circulated infrastructure details for maintenance purposes. CITY’S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. Page 611 of 819 4 MW-2021-12 February 9, 2021 LIST OF ATTACHMENTS 1. Location Plan - Deerfield Estates - Phase 9 (Stages 1, 2A, 2B & 3) 2. Location Plan - Deerfield Estates – Phase 10 3. Location Plan - Windylane 4. Location Plan – Chippawa West Phase 2 Stage 2 5. Location Plan – Optimist Park 6. Location Plan - Southgate Estates Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer N. Golia Page 612 of 819 ETHEL ST JENNIFER CR BOOTHSTPARKSIDERDSTMICHAELAVMILDRED CTTESLA CTATACK CT JEFFREY CT KATEAVFERENDR DESANKA AVKELSEY CR WESTWOOD ST ANGIE DR LUNDY'S LN DEWAR AVGLAVCIC DR FORESTVIEW BV FOREMAN AVALINACT ALDERBRAE CTTAD ST ORCHARDGROVE PY RIDEAU ST CATALINA ST PAULINEDRWIENS BVFAUSTABVEVA BVKALAR RDPI TTONRDFLORA CTMULLEN CT ERNES T C R ARMELI NACRHARVEST CR DILALLA CRCONN OR CR MARY DRRACEY AV WOODSVIEW CR CHRISTOPHER CR RICHA RDCRSHAPTON CRLYNHURST D R SEBASTIAN CR SPRING BLOSSOM DR GARNER RDBELAIRE AVELDORADO AVKUDLAC ST Plan of Subdivision To Be Assumed Subject Land February 2021 ¹NTS K:\GIS_Requests\2021\Custom\MunWks\Assumption\Subdivision_LocationMap_2021.mxd 59M384PLANDeerfield Estates Phase NineSUBDIVISIONMAP MW-2021-12 Attachment # 1 1 Page 613 of 819 CATALINA ST PARKSIDE RDMILDRED CTTESLA CTKALAR RDJEFFREY CT KATEAVKELSEY CR ANGIE DR EVA BVJENNIFER CR LUNDY'S LN BELAIRE AVELDORADO AVPlan of Subdivision To Be Assumed Subject Land February 2021 ¹NTS K:\GIS_Requests\2021\Custom\MunWks\Assumption\Subdivision_LocationMap_2021.mxd 59M413PLANDeerfield Phase TenSUBDIVISIONMAP MW-2021-12 Attachment # 2 2 Page 614 of 819 ANGIE DR STMICHAELAVFORESTVIEW BVLUNDY'SLNDILALLA CR P AULINEDRFAUSTABVE R N E S T C R CONNOR CRSHAPTON CR SEBASTIAN CRGARNERRD KUDLAC ST Plan of Subdivision To Be Assumed Subject Land February 2021 ¹NTS K:\GIS_Requests\2021\Custom\MunWks\Assumption\Subdivision_LocationMap_2021.mxd 59M407PLANWindylaneSUBDIVISIONMAP MW-2021-12 Attachment # 3 3 Page 615 of 819 WHITEOAKAVEMERALD AVL Y O N S C R E E K R D TALLGRASS AV CHEMONDAST MANN ST SAWMILLDR TRISTARCR SHUTTLEWORTH DR CINNAMONGV ECLIPSE WYLYON'S P YSODOMRDPlan of Subdivision To Be Assumed Subject Land February 2021 ¹NTS K:\GIS_Requests\2021\Custom\MunWks\Assumption\Subdivision_LocationMap_2021.mxd 59M414PLANChippawa West Phase Two Stage TwoSUBDIVISIONMAP MW-2021-12 Attachment # 4 4 Page 616 of 819 SHELDON ST MONTROSERDFREEMAN ST VICTOR DRDAWSON STQUEENSWAYGSPATRICIA CT MORRISON ST CHERRYGROVERDDOVEWOODDRDIANNE CR AQUARIUSCRAPOLLO CR THORNHILLCR CLOSEAVK IL MANPLPRINCESS CRALPINEDR YORKDRSUSSEXDRP E T R IE C T MITCHEL L AVPINED ALEDRDIANNEST MULHERNST DIRDENE ST PARKDALE ST DA R CYCR UNIVERSITYAVBRIARW OODAV CARISA CTP R E AKNESSST GAGE CTDOLPHIN ST STACEYDR VISCOUNT ST ASCOTCLDORCHESTERRDLATINACROPTIMIST LN WINDGATEDRPALIS CR PETTITAV SOUTHGATE AVCHERRYHILL DR W OODSIDEAVKEIFFER ST CROPP ST MAYWOOD STMEADOWVALEDR RANDY DR DUMONT ST INDUSTRIAL ST WOODBINE ST KENT AVQ E W HY(O NRAMP)QEWHY(OFFRAMP)QUEENELI ZABETHWYPlan of Subdivision To Be Assumed Subject Land February 2021 ¹NTS K:\GIS_Requests\2021\Custom\MunWks\Assumption\Subdivision_LocationMap_2021.mxd 59M401PLANOptimist Park LandsSUBDIVISIONMAP MW-2021-12 Attachment # 5 5 Page 617 of 819 DELTA DR MALIB U DR KINSMEN CTOAKWOOD DR BADGER RD C HA RN W OOD A V QEW HY (ON RAMP)KUHN CRLAGUNA CT QEW HY (OFF RAMP)MONTROSE RDMARPIN CT QUEENELIZABETHWYPlan of Subdivision To Be Assumed Subject Land February 2021 ¹NTS K:\GIS_Requests\2021\Custom\MunWks\Assumption\Subdivision_LocationMap_2021.mxd 59M427PLANSouthgate EstatesSUBDIVISIONMAP MW-2021-12 Attachment # 6 6 Page 618 of 819 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 January 25, 2021 CL 1-2021, January 21, 2021 PEDC 1-2021, January 13, 2021 PDS 4-2021, January 13, 2021 Local Area Municipalities Niagara Peninsula Conservation Authority SENT ELECTRONICALLY RE: Niagara Official Plan - Steps and Directions Moving Forward Regional Council, at its meeting of January 21, 2021, approved the following recommendation of its Planning & Economic Development Committee: That Report PDS 4-2021, dated January 13, 2021, respecting Niagara Official Plan – Steps and Directions Moving Forward, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities and Niagara Peninsula Conservation Authority. A copy of Report PDS 4-2021 is enclosed for your information. Yours truly, Ann-Marie Norio Regional Clerk :me CLK-C 2021-019 Distribution List: D. Heyworth, Official Plan Policy Consultant D. Giles, Acting Commissioner, Planning & Development Services N. Oakes, Executive Assistant to the Commissioner, Planning & Development Services Page 619 of 819 PDS 4-2021 January 13, 2021 Page 1 Subject: Niagara Official Plan – Steps and Directions Moving Forward Report to: Planning and Economic Development Committee Report date: Wednesday, January 13, 2021 Recommendations 1. That Report PDS-4-2021 BE RECEIVED for information; and 2. That Report PDS-4-2021 BE CIRCULATED to the Local Area Municipalities and Niagara Peninsula Conservation Authority. Key Facts The purpose of this report is to provide information on the Niagara Official Plan consultation, work program and reports over Q1 and Q2 of 2021. This is the first comprehensive review of the Niagara Official Plan since approval in the early 1970’s, this review is referred to as a Municipal Comprehensive Review (MCR). The objective of this MCR is to replace the outdated current Regional Official Plan and to provide a Niagara Official Plan that manages growth in Niagara over the next 30 years and balances the requirements of competing land uses. To date, as background reports and other information has become available, reports have been presented by subject matter. However, policies in the Official Plan are interconnected and over the coming months subject matter will be presented as integrated policy sets. The next phase of consultation, focusing on draft policy and implementation, will continue in early 2021 and will include consultation with Regional Council, local Councils, Area Planners and stakeholders. In Q2 of 2021 (April) a Regional Official Plan Policy Report will be prepared for PEDC/Council that will reflect the recent round of consultation and provide the status of the following policy sets Growing Region – regional structure, housing, land needs assessment (growth allocations), settlement area boundary expansions; Connected Region – transportation, infrastructure; Vibrant Region – district and secondary plans, urban design, archeology; Competitive Region – employment, agriculture, Page 620 of 819 PDS 4-2021 January 13, 2021 Page 2 ______________________________________________________________________ aggregates; and Sustainable Region – natural heritage system & water resource system options, Niagara watershed plan project, climate change. Financial Considerations Council approved the resources to complete the Niagara Official Plan over a 5 year period as part of the 2017 Budget Process. Analysis Conformity & Role of an Official Plan Certain parts of Niagara’s Official Plan are mandated by provincial policy. For example, we must plan for employment areas and allocate assigned growth to them. Other policies in an Official Plan are more permissive, such as policies around climate change. The Planning Act, 1990 requires Council to make planning decisions that are consistent with, conform to, or not conflict with, Provincial Policy. Regional staff must make recommendations to Council under the same rules. Part of the Official Plan process is identifying the roles of Regional and local planning departments. Local municipalities will need to bring their Official Plans in to conformity with the Niagara Official Plan once it is approved by the Province. There are statutory limits on how much can be done in an Official Plan. Official Plans regulate the use of land and, to an extent, they can assist in addressing social issues such as youth and business retention. However, these matters are primarily not land use related, and therefore require strategies and programs outside the Official Plan. Emerging Themes Managing Growth Future population and employment numbers are given to the Region by the Province. Over the past 3 to 4 years Niagara has experienced a level of population growth that if continued would achieve the previous 2041 population projections. A significant level of growth is coming to Niagara and the Niagara Official Plan is required to plan for this level of growth to 2051. Data from CANCEA indicates that increasing the supply of all forms of housing, low, medium and higher density Page 621 of 819 PDS 4-2021 January 13, 2021 Page 3 ______________________________________________________________________ housing, will improve affordability, and support the long term future of Niagara socially and economically. Additionally, proactively planning through exercises like district and secondary plans, will allow for the allocation of growth and intensification in strategically identified areas. Policies are Interconnected In the preparation of the Niagara Official Plan it is mandatory to consider all applicable Provincial policies. The interconnection between policy sets will allow the Niagara Official Plan to provide a framework that accommodates growth, ecological health and addresses climate. Changing direction in one area will impact other plan components. Competing Interests Not everyone will agree on a planning outcome; in many cases, there can be more than one good outcome. Consultation carried out thus far identifies a variety of competing interests. A balanced policy approach often means fewer people or groups being highly satisfied. Planning for the Long Term. The Niagara Official Plan will include policies that have not been addressed or required in the current Regional Official Plan. With this comes challenges in policy direction and decision making in an environment where communities do not stay static. Both the current and projected levels of growth will result in development patterns that represent significant changes compared to what has historically occurred. Regular Updating. The Niagara Official Plan is a 30 year plan. To effectively monitor and adapt to changes that will occur it is important to ensure land use policies are review at regular intervals, that policies at the Regional and Local levels are aligned and that the monitoring of growth is consistent across Niagara. Assist with Local Conformity Once the Niagara Official Plan is approved, local municipalities will need to bring their Official Plans in to conformity. It is important that Niagara Official Plan policies are clear in identifying local roles and responsibilities. Page 622 of 819 PDS 4-2021 January 13, 2021 Page 4 ______________________________________________________________________ Consultation with Regional & Local Councils Niagara Official Plan consultation with Regional and Local Councils will beheld in February, March and April with both Regional Councillors and Local Councils. In February, Overlap Consultants will conduct an online survey of Regional Councillors relating to the direction and themes of the Regional Official Plan. Consultation with Regional Council in April will focus on growth management and environmental policy. The purpose is to inform Councillors of the draft policy direction and provide for discussion. Staff are not seeking any decisions from Councillors at that time, this consultation is to provide information and answer questions. Consultation with individual Local Councils including the Mayor, designated Local Councillors (i.e. Chair and Vice Chair of Planning and Economic Development Committee), CAO and Planning Director, will occur during March and April. The purpose is to provide an overview of policy contained in the Niagara Official Plan and to discuss policy sets that are of interest to the Local Councils. Other consultation is planned in early 2021, but for the purpose of this report, only Council related consultation is outlined. Upcoming Reporting To PEDC In the lead up to the Regional Official Plan Policy Report in Q2, the following reports will be coming to PEDC/Council in February and March: A Consultation Report on Natural Heritage and Water Systems options which summarizes feedback obtained through the virtual Public Information Centres (PICs), virtual stakeholder workshops, discussions with Area Planners, presentations to provincial agencies and Niagara Peninsula Conservation Authority. A Climate Change Report to outline consultation and feedback received to date from the Climate Change Discussion Paper. Overlap Associates will report on its directions survey with Regional Councillors. The Overlap survey will be informed by public survey results of Pillar Statements and Directives previously developed. Page 623 of 819 PDS 4-2021 January 13, 2021 Page 5 ______________________________________________________________________ Regional Official Plan Policy Report The Regional Official Plan Policy Report (the Report) will cover 5 policy sets and 15 topics as presented below. The status of policy will be provided and draft policies will be included. There will be areas that are less developed and may not include draft policies. Importantly, the purpose of the Report is to provide information. Council will not be asked to make decisions (with limited exceptions, noted below). The Report is an opportunity for Council and the public to view the direction of the Regional Official Plan. Subsequently, significant consultation on draft policy will be undertaken before returning to Council for decision-making. The exception to the above is in relation to the Natural Heritage System and Water Resource System Options. In April, Committee and Council will be asked to make a decision on an environmental policy option, a decision will be necessary to ensure the next phase of work (preparation of detailed methodology, policy and mapping) can be initiated. The following is a breakdown of the topics to be covered in the Report, which has been organised by the Official Plan Sections. Growing Region Regional Structure The Regional Structure sets out a strategic distribution of population and employment growth to the planning horizon of 2051. A Regional Structure Policy Paper will be provided with the Joint Report. That Paper will include draft policies and a discussion of critical factors needed to allocate population and housing forecasts for the local municipalities, including the identification of Strategic Growth Areas, minimum intensification rates for Built-Up Areas, and density targets for Designated Greenfield Areas. The Regional Structure directs growth to these areas based on the area’s function, with the goal of achieving complete communities, protecting natural heritage resources, and maximizing investments in infrastructure, public transit, and community services. Page 624 of 819 PDS 4-2021 January 13, 2021 Page 6 ______________________________________________________________________ Housing Niagara needs a diverse housing supply in order to improve affordability and offer a range of housing options. The Housing Strategy identifies the form of housing needed to accommodate Niagara’s current and future residents. This Strategy is based on extensive analysis of housing-related data, which is currently being updated to conform to the Growth Plan’s 2051 population and employment forecasts. Housing Strategy policies will support a range and mix of housing options and will establish targets to facilitate the development of affordable ownership and rental housing. These policies will also align with the Housing and Homelessness Action Plan, and coordinate with the Incentive Review to identify land use planning and financial planning tools that facilitate the provision of affordable housing. Draft policies will be included in the Joint Report. Land Needs Assessment (Growth Allocations) The Land Needs Assessment (“LNA”) is a technical, Region-led process that determines the amount of land needed for each local municipality. Specifically, the Region must quantify the amount of designated land each municipality requires to accommodate population, housing and employment forecasts provided to it in the Growth Plan. The Province released a new Land Needs Assessment Methodology in August 2020, which the Region must use. Staff are working expeditiously to provide a draft LNA. The LNA will be based on inputs from other background strategies noted here, including the Regional Structure (for intensification rates and densities), Housing Strategy (for housing mix and targets), and the Employment Policy Paper (for employment forecasts and densities). A summary of the draft LNA will be provided in the Joint Report. Settlement Area Boundary Expansions Settlement area (i.e. urban and hamlet) boundaries cannot be changed except where specific policies are satisfied. The Region has exclusive authority to adjust boundaries. However, the Region is working closely with local municipalities to set processes for boundary adjustment reviews. Page 625 of 819 PDS 4-2021 January 13, 2021 Page 7 ______________________________________________________________________ The Region’s program is called the Settlement Area Boundary Expansion Review (“SABR”). A threshold component of the SABR is the outcome of the LNA. The LNA will set out the amount of population and employment growth and whether expansions are warranted; the SABR process is that which determines where that expansion will go. The SABR program has and will continue to be carefully coordinated with local municipalities. It balances the interests of Provincial, Regional, and local municipalities and their ability to accommodate growth. The process is done in collaboration with local municipalities and in consultation with stakeholders and the public. Regional staff are in the process of establishing evaluation criteria for the SABR program. This will allow for the assessment of SABR requests received to date. The evaluation criteria will prioritize the availability of existing infrastructure and public service facility investments, and consider impacts on watersheds, the natural environment, the agricultural system, and the protection of resource areas, as required. Evaluation criteria for the SABR program will be provided in the Joint Report. Additionally, staff will provide policies to guide any expansion applications submitted after approval of the Niagara Official Plan. Following consultation on the draft LNA and SABR evaluation criteria, at a later time Regional staff will bring forward a final LNA for Council endorsement. Based on the final LNA, staff will make recommendations for boundary changes and that will be provided to the public and Council for consideration. Connected Region Transportation Transportation policies and mapping approved through Regional Official Plan Amendment No. 13 will be carried forward to the new Niagara Official Plan. A Complete Streets Design Manual is being developed by the Public Works Department, which will include the identification and application of Complete Streets typologies to the Regional Road system. The results of this analysis will result in updates to right-of-ways for all Regional Road segments listed in Table 9-1 of the existing Official Plan. The above-noted Table may not be ready for the Joint Report. If not, it will be provided in draft a later time. Page 626 of 819 PDS 4-2021 January 13, 2021 Page 8 ______________________________________________________________________ Infrastructure Draft infrastructure policies will address promoting the efficient use and optimization of existing infrastructure; planning, designing and constructing systems to prepare for the impacts of a changing climate; integrating servicing and land-use considerations during all stages of the planning process; and developing water and wastewater master plans that identify options for servicing growth and development. Additionally, draft storm water policies will address promoting storm water management best practices, such as low impact development, water conservation and efficiency; ensuring storm water management is informed by watershed planning and prepared for the impacts of changing climate; and ensuring large-scale development will have storm water management plans that incorporate best practices, such as no negative impacts on the quality and quantity of surface or groundwater. Draft infrastructure policies will be provided in the Joint Report. Vibrant Region District & Secondary Plans District Plans and Secondary Plans are proactive planning tools that focus on managing growth and the development of complete communities to support economic prosperity. Although they vary in scale, both District Plans and Secondary Plans require a collaborative effort between the Region and the local municipalities, creates a strategic vision to inform where and how much growth can occur, and allow for the strategic identification of intensification areas within communities. These Plans rely on extensive public engagement and consultation. Secondary Plans will be used to implement the Regional Structure. Through the Niagara Official Plan, these plans will be required for Strategic Growth Areas and new Designated Greenfield Areas. They may also be considered for existing Designated Greenfield Areas and Built-Up Areas that are facing development pressure. Draft District and Secondary Plan policies will be included in the Joint Report. Page 627 of 819 PDS 4-2021 January 13, 2021 Page 9 ______________________________________________________________________ Urban Design Urban design is the practice of making places attractive, memorable, and functional for the people who use them. It involves the arrangement, appearance and relationship between buildings, public spaces, transportation systems, services, and amenities. Policies will support a better understanding of urban design and commitment to excellence, enhancement of the public realm and promotion of active transportation, tools for urban design implementation, and providing a clear direction to local municipalities. Draft urban design policies will be provided in the Joint Report. Archaeology The review of proposed development sites for archaeological potential is a requirement of the Ministry of Heritage, Sport, Tourism and Culture. An Archaeological Management Plan (“AMP”), has been undertaken to streamline this Provincial review process at the local level. The AMP will create a clear process for the identification and conservation of archaeological resources. The Joint Report will provide information on the proposed archaeological review process and function, draft modelling and draft archaeological resource potential mapping. Competitive Region Employment An Official Plan Employment Policy Paper (“Employment Paper”) will be included with the Joint Report. The Employment Paper will contain draft employment policy and employment area mapping to be considered for the Official Plan. Recommendations are based on current legislation, detailed analysis, and other municipal practices. The Employment Paper will improve the degree of certainty and predictability to which employers can plan for and sustain viable employment operations for short- and long- term horizons, while protecting Provincial and municipal interests. The Employment Policy Paper, which includes draft policies, will be provided in the Joint Report. Page 628 of 819 PDS 4-2021 January 13, 2021 Page 10 ______________________________________________________________________ Agriculture The Region has a strong history of proactive agricultural planning. Regional agricultural policies are being refined to capture the updated policy regime implemented by the Province. The Agricultural System includes policies to protect the agricultural land base and the agri-food network. This includes elements important to the sector such as farm diversification and irrigation systems that contribute to a thriving agricultural industry. Regional staff, in collaboration with local area municipalities, have made refinements to the agricultural land base, including a review of provincially-proposed candidate areas for consideration as prime agricultural areas. The Joint Report will contain Agricultural draft policy and draft mapping. Aggregates The Region is expecting increased demand for aggregates to support forecasted growth. Background reports related to aggregate resources are complete and have been previously presented to Committee and Council. A first draft of the policies were prepared and circulated to the local municipalities, stakeholders, and industry representatives for comment. The Joint Report will contain an updated draft of the Official Plan policies for mineral aggregate resources and mineral aggregate operations. Mapping of mineral aggregate resources is undertaken by technical experts at the Province (Ontario Geological Survey). Planning staff have been in touch with our colleagues at the Province and hope to have new mapping for Niagara included with the Official Plan. Sustainable Region Natural Heritage System (NHS) & Water Resource System (WRS) Options In the Joint Report, the results of the additional analysis being completed on the NHS and WRS options will be presented. This includes statistics on the estimated extent of the natural heritage system and water resource system for each of the options, and commentary on the implications for developable land. Page 629 of 819 PDS 4-2021 January 13, 2021 Page 11 ______________________________________________________________________ The information will be presented for the urban areas in each local municipality. To accompany these detailed statistics, preliminary information on the policy intent of each option will be prepared. Unlike other topics set out in this Report, Committee and Council will be asked to make a decision on the preferred option for the NHS and WRS. It is critical that a decision is made at that time, to allow Staff to proceed with detailed mapping and policy development. Otherwise, the timing of the Official Plan will be in jeopardy. After a decision from Council in April, detailed draft mapping and policy for the NHS and WRS can be prepared for review and comment by Committee and Council, the public, and other stakeholders. Niagara Watershed Plan (NWP) Project The NWP is the next step in implementing a watershed planning program. It will ensure the Niagara Official Plan is appropriately informed by watershed planning. The NWP is being undertaken at the ‘tertiary-level’ and will be an important tool to guide more detailed watershed and sub watershed planning studies in the Region. The NWP will include a range of best practices and recommendations to inform land use planning decisions in the region. The NWP is being prepared in accordance with Provincial requirements, including direction that decisions on growth allocations and the identification of a water resource system be informed by watershed planning. The Joint Report will provide an update on the NWP, including how watershed planning has helped inform growth allocations and the development of the water resource system. Climate Change The Climate Change Work Program has been updated as set out in Report PDS 6- 2021. The program now includes climate modeling for Niagara as well as a tree planting and greening strategy. Policy development for this subject has been ongoing to inform other Official Plan work programs. Page 630 of 819 PDS 4-2021 January 13, 2021 Page 12 ______________________________________________________________________ The Joint Report will update Council on the climate modeling exercise, provide a preliminary overview of a tree planting and greening strategy, as well as highlight the integration of climate policies in other sections of the Official Plan. Alternatives Reviewed The background report and review stage of the Official Plan program is nearly complete. Staff are developing policy, most of which will be ready for April 2021. It is important to provide the policy comprehensively and openly at that time. There are no reasonable alternatives to proceeding as set out. This is an important step in informing and allowing discussion of policy directions and content with Regional and local Councils, to ensure we represents the best approach to enable informed decision making. Relationship to Council Strategic Priorities The Niagara Official Plan is important to address Council’s priorities, being: Supporting Businesses and Economic Growth; Healthy and Vibrant Community; and Responsible Growth and Infrastructure Planning. Other Pertinent Reports PDS 35-2020 Niagara Official Plan - Consultation Update PDS 1-2020 New Niagara Official Plan - Public Consultation Summary PDS 33-2019 Growth Management Program Update for New Official Plan PDS 9-2019 New Official Plan Consultation Timeline Framework CWCD 421-2019 New Niagara Official Plan Updates Page 631 of 819 PDS 4-2021 January 13, 2021 Page 13 ______________________________________________________________________ ________________________________ Prepared by: Dave Heyworth Official Plan Policy Consultant Planning and Development services _______________________________ Recommended by: Doug Giles, BES, MUP Acting Commissioner Planning and Development services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Isaiah Banach, Acting Director of Long Range Planning, and reviewed by Erik Acs, Manager of Community Planning and Lyndsey Ferrell, Program Financial Specialist, Corporate Services. Page 632 of 819 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 January 22, 2021 CL 1-2021, January 21, 2021 CSC 1-2021, January 13, 2021 Report CSD 2-2021, January 13, 2021 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Approval of 2021 Interim Levy Dates and Amounts Report CSD 2-2021 Regional Council, at its meeting held on January 21, 2021, approved the following recommendation of its Corporate Services Committee: That Report CSD 2-2021, dated January 13, 2021, respecting Approval of 2021 Interim Levy Dates and Amounts, BE RECEIVED and the following recommendations BE APPROVED: 1. That the interim amounts for the Regional levy BE APPROVED by Regional Council in the amounts shown in Appendix 1 of Report CSD 2-2021; 2. That the Regional Clerk ensures that the appropriate by-law BE PREPARED for presentation to Regional Council for consideration and approval; and 3. That Report CSD 2-2021 BE CIRCULATED to the Councils of the local area municipalities for information. A copy of Report CSD 2-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-017 cc: R. Fleming, Senior Tax & Revenue Analyst T. Harrison, Commissioner Corporate Services/Treasurer Page 633 of 819 CSD 2-2021 January 13, 2021 Page 1 Subject: Approval of 2021 Interim Levy Dates and Amounts Report to: Corporate Services Committee Report date: Wednesday, January 13, 2021 Recommendations 1. That the interim amounts for the Regional levy BE APPROVED by Regional Council in the amounts shown in Appendix 1; 2. That the Regional Clerk ensures that the appropriate by-law BE PREPARED for presentation to Regional Council for consideration and approval; and 3. That report CSD 2-2021 BE CIRCULATED to the Councils of the local area municipalities for information. Key Facts • The purpose of this report is to approve the interim levy amounts and due dates. • Section 316 of the Municipal Act provides that the council of an upper-tier municipality may requisition an amount equivalent to 50% of the prior year's approved levy from each area municipality in order to continue core services prior to the adoption of budget estimates for the year. • The Region’s Budget Control Bylaw (2017-63, section 6.3 paragraph a.) provides that prior to Council’s approval of the Operating Budget bylaw, a current year’s expenditures may be incurred if a budget for a similar item existed in the previous year’s operating budget and the expenditures is at the same service level as the prior year and does not exceed 50% if the amount appropriated in the previous year’s operating budget. • Interim levy dates are consistent with the prior years. The local area municipalities were consulted and no alternative dates are considered. Financial Considerations The interim levy amounts to be requisitioned from the local area municipalities totals $196,284,697 (General Levy) and $19,410,737 (Waste Management) for a total of $215,695,434 or 50% of the 2020 levied amounts. The interim levy will provide sufficient cash flows for current year Region operations until approval of the 2021 operating budget and levy amounts. Page 634 of 819 CSD 2-2021 January 13, 2021 Page 2 ______________________________________________________________________ Analysis The authority to incur expenditures by Regional departments, boards and agencies is granted by Regional Council through the annual approved operating budget as prescribed by the Municipal Act. Prior to the an annual budget being adopted by Regional Council, bylaw 2017-63 as approved by Regional Council provides that Regional departments, boards and agencies may incur expenses up to 50% of their prior year’s operating budget in order to maintain business as usual for Regional services. Further to this, Section 316 of the Municipal Act authorizes Council through a bylaw to provide an interim levy equivalent to 50% of the prior year's approved estimates (subject to certain adjustments) before the adoption of budget estimates for the year. It has been the Region’s past practice to levy an interim levy in order to fund Regional services prior to the approval of the annual budget and final levy amounts. As such, Appendix 1 includes the proposed interim levy dates and amounts by Area Municipality. Alternatives Reviewed Alternative thresholds were not considered as the interim levy of 50% permitted by the Municipal Act will generally ensure cash inflows in the shorter term are able to accommodate the level of expenditures. The Municipal Act does not have a requirement to approve a spending limit in advance of the budget approval however the practice has been adopted by the Region through bylaw 2017-63. Relationship to Council Strategic Priorities Not Applicable. Other Pertinent Reports Not Applicable. ________________________________ Prepared by: Rob Fleming, MBA Senior Tax & Revenue Analyst Corporate Services ________________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services Page 635 of 819 CSD 2-2021 January 13, 2021 Page 3 ______________________________________________________________________ ________________________________ Submitted by: Ron Tripp, P.Eng. Acting, Chief Administrative Officer This report was prepared in consultation with Margaret Murphy, Associate Director, Budget Planning & Strategy and reviewed by Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer Appendices Appendix 1 Interim Levy Payments and Dates Page 636 of 819 CSD 2‐2021 Appendix 1 January 13, 2021 Appendix 1 - Interim Levy Payments and Dates General Levy Municipality March 10, 2021 May 12, 2021 Total Interim Levy Fort Erie 6,062,754 6,062,754 12,125,508 Grimsby 7,516,889 7,516,889 15,033,779 Lincoln 5,833,404 5,833,404 11,666,808 Niagara Falls 20,700,592 20,700,592 41,401,185 Niagara-on-the-Lake 8,506,826 8,506,826 17,013,653 Pelham 4,094,715 4,094,715 8,189,430 Port Colborne 3,141,768 3,141,768 6,283,535 St. Catharines 25,634,978 25,634,978 51,269,956 Thorold 3,923,644 3,923,644 7,847,288 Wainfleet 1,485,405 1,485,405 2,970,810 Welland 8,123,257 8,123,257 16,246,514 West Lincoln 3,118,117 3,118,117 6,236,234 Total 98,142,349 98,142,349 196,284,697 Waste Management Special Levy Municipality March 10, 2021 May 12, 2021 Total Interim Levy Fort Erie 738,469 738,469 1,476,938 Grimsby 530,215 530,215 1,060,429 Lincoln 442,593 442,593 885,186 Niagara Falls 1,903,785 1,903,785 3,807,571 Niagara-on-the-Lake 420,597 420,597 841,195 Pelham 335,669 335,669 671,338 Port Colborne 486,563 486,563 973,126 St. Catharines 2,954,087 2,954,087 5,908,174 Thorold 410,601 410,601 821,203 Wainfleet 150,179 150,179 300,358 Welland 1,088,826 1,088,826 2,177,651 West Lincoln 243,785 243,785 487,571 Total 9,705,369 9,705,369 19,410,737 Total General & Waste Management Interim Levy Municipality March 10, 2021 May 12, 2021 Total Interim Levy Fort Erie 6,801,223 6,801,223 13,602,446 Grimsby 8,047,104 8,047,104 16,094,208 Lincoln 6,275,997 6,275,997 12,551,994 Niagara Falls 22,604,378 22,604,378 45,208,755 Niagara-on-the-Lake 8,927,424 8,927,424 17,854,847 Pelham 4,430,384 4,430,384 8,860,768 Port Colborne 3,628,331 3,628,331 7,256,661 St. Catharines 28,589,065 28,589,065 57,178,129 Thorold 4,334,245 4,334,245 8,668,491 Wainfleet 1,635,584 1,635,584 3,271,168 Welland 9,212,082 9,212,082 18,424,165 West Lincoln 3,361,902 3,361,902 6,723,805 Total 107,847,717 107,847,717 215,695,434 Page 637 of 819 1 Heather Ruzylo Subject: Follow up on request regarding Bill C-213 The Canada Pharmacare Act From: peter.julian.c1@parl.gc.ca <peter.julian.c1@parl.gc.ca> Sent: Tuesday, January 12, 2021 8:49 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Follow up on request regarding Bill C-213 The Canada Pharmacare Act Dear MAYOR DIODATI and Council of NIAGARA FALLS, Happy New Year! I hope that you and your family are healthy and staying safe during the COVID-19 pandemic. This is a friendly reminder to follow-up on my request email sent in November 2020 regarding my Private Member’s Bill C-213, An Act to Enact the Canada Pharmacare Act. Bill C-213 is a ground-breaking new federal legislation, modelled off the Canada Health Act, to establish a universal, single-payer, comprehensive and public pharmacare plan that is accessible and affordable, the very principles of universal medicare. The Canada Pharmacare Act will deliver better healthcare and improve the health and lives of millions of Canadians. Please see below a draft motion for your council’s consideration: _________________________________ BILL C-213, AN ACT TO ENACT THE CANADA PHARMACARE ACT: WHEREAS Members of Parliament are seeking municipal support for Bill C-213, which seeks to establish a universal, publicly administered pharmacare program based on the same principles as Canada’s universal health care program; WHEREAS it is appropriate to support the request; It was moved by ___________________, Seconded by ______________________, And adopted to support Bill C-213, An Act to enact the Canada Pharmacare Act. _________________________________ We are reaching a crucial period for Bill C-213. The second hour of debate and first parliamentary vote will take place this upcoming February. Bill C-213 could be the law of the land by next spring. That is why we are also calling on you to sign our e-petition to show your continued support for Bill C-213. Thank you for your consideration about this important issue affecting the health and wellness of all Canadians. We look forward to hearing back from you soon. Peter Julian, MP New Westminster - Burnaby NDP House Leader Page 638 of 819 2 NDP Spokesperson on Finance _________________________________ Bonjour membres du conseil municipal de NIAGARA FALLS, Bonne année! J'espère que vous et votre famille êtes en bonne santé et en sécurité pendant la pandémie de la COVID-19. Je donne suite à mon courriel en novembre au sujet de mon projet de loi C-213, Loi édictant la Loi canadienne sur l’assurance médicaments. Le projet de loi C-213 est une nouvelle législation fédérale novatrice, inspirée de la Loi canadienne sur la santé, qui vise à établir un régime d'assurance-médicaments universel, à payeur unique, complet et public, tel que recommandé par le Conseil consultatif Hoskins C-213 permettra de fournir de meilleurs soins de santé et d'améliorer la santé et la vie de millions de Canadiens et Canadiennes. N'hésitez pas à utiliser cet exemple de résolution pour souligner votre soutien envers le projet de loi C-213 : PROJET DE LOI C-213, LOI ÉDICTANT LA LOI CANADIENNE SUR L'ASSURANCE-MÉDICAMENTS : ATTENDU QUE les xn--dput-bpad.es cherchent à obtenir l'appui des municipalités pour le projet de loi C-213, qui vise à établir un régime public et universel d'assurance-médicaments, fondé sur les mêmes principes que le régime public et universel de soins de santé du Canada, soit la gestion publique, l’intégralité, l’universalité, la transférabilité, et l’accessibilité ; ATTENDU QU'il est approprié d'appuyer la demande ; Il a été proposé par ___________________, Appuyé par ______________________, Et adopté pour soutenir le projet de loi C-213, Loi édictant la Loi canadienne sur l’assurance médicaments. Nous arrivons à une période cruciale pour le projet de loi C-213. La deuxième heure de débat aura lieu le 18 février, suivie par le premier vote parlementaire. Le projet de loi C-213 pourrait devenir une loi au printemps prochain. C'est pourquoi votre soutien est une étape essentielle pour nous aider à faire avancer le projet de loi C-213. Nous vous invitons également à signer notre pétition électronique en faveur de C-213. Je vous remercie de votre attention sur ces enjeux qui touchent la santé et le bien-être de tous les Canadiens et Canadiennes. Nous attendons avec impatience votre réponse. Restez en bonne santé et en sécurité en ces temps difficiles, Peter Julian Député, New Westminster-Burnaby Leader Parlementaire du NPD Porte-parole du NPD en matière de finances Page 639 of 819 January 22, 2021 RE: Item for Discussion – Infrastructure Funding At its meeting of January 20, 2021, the Council of the Corporation of the Town of Bracebridge ratified motion 21-GC-024, regarding Infrastructure Funding, as follows: “WHEREAS the Association of Municipalities of Ontario (AMO) has reported that municipal governments own more of Ontario’s infrastructure than any other order of government, and most of it is essential to economic prosperity and quality of life; AND WHEREAS municipalities deliver many of the services that are critical to residents in every community, and these services rely on well-planned, well-built and well-maintained infrastructure; AND WHEREAS the Ontario Provincial Government has stated that universal asset management will be the foundation of its municipal infrastructure strategy because effective asset management planning helps ensure that investments are made at the right time to minimize future repair and rehabilitation costs and maintain assets; AND WHEREAS Federal and Provincial infrastructure funding models now contain requirements for recipients to demonstrate that comprehensive asset management planning principles are applied when making decisions regarding infrastructure investment; AND WHEREAS infrastructure funding limits need to be large enough to support significant projects that have a lasting community impact over multiple generations; AND WHEREAS targeted funding for critical infrastructure is inconsistent with the principle foundation of an asset management strategy which prioritizes needs over wants and has resulted in underfunding of the wide range of infrastructure that municipalities are responsible for maintaining, such as arenas and libraries; AND WHEREAS the Community, Culture and Recreation Stream of the Investing in Canada Infrastructure Program received demand of almost $10 billion for a $1 billion funding envelope; AND WHEREAS broad eligibility for funding is more appropriate as municipalities best understand their infrastructure needs together with the needs of their community; AND WHEREAS no and/or insufficient funding programs currently exist to fund the demonstrated need for the building, restoration and enhancement of community, culture and recreation assets; Page 640 of 819 Page 2 AND WHEREAS funding the replacement of these needed capital assets is beyond the financial capacity of most communities; AND WHEREAS the age of the Town of Bracebridge arena is greater than 70 years old, and the Library greater than 110 years old, requiring immediate replacement; AND WHEREAS the Town of Bracebridge was recently denied any funding under the Community, Culture and Recreation stream of the Investing in Canada Infrastructure Program, despite clearly meeting the tests of proper asset management and identifying needs over wants; AND WHEREAS the economy of Ontario has been negatively impacted by the ongoing measures implemented to reduce the spread of COVID-19; NOW THEREFORE the Council of The Corporation of the Town of Bracebridge resolves as follows: 1. THAT the Federal and Provincial Governments provide immediate broad and substantial municipal funding opportunities for well-planned, shovel-ready projects already prioritized under municipal asset management plans to provide immediate stimulus to the local, provincial and the federal economies in order to rebound from the impact of the COVID-19 pandemic. 2. AND THAT this resolution be forwarded to the Right Honourable Prime Minister of Canada; the Federal Minister of Infrastructure and Communities; the Honourable Premier of Ontario; the Ontario Minister of the Finance; the Ontario Minister of Infrastructure; the Ontario Minister of Municipal Affairs and Housing; the Association of Municipalities of Ontario (AMO); the Federation of Canadian Municipalities (FCM); the Local Member of Parliament (MP); the Local Member of Provincial Parliament (MPP); and all Municipalities in Ontario. In accordance with Council’s direction I am forwarding you a copy of the resolution for your attention. Please do not hesitate to contact me if I can provide any additional clarification in this regard. Yours truly, Graydon Smith Mayor Page 641 of 819 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 1 January 27th, 2020 Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Hello Bill, As per our email exchange on December 1st, 2020, the property owners of 4635 Queen Street, nominators of Board Member Kim Snyder, would like to replace their representative on the Board of Management. Ms. Snyder was in the process of opening her business downtown during her election, as she was not yet open, her original nomination papers noted her as representative of the property owner. Ms. Snyder agreed to the replacement on the Board of Management and left her position at the end of 2020 to allow for the replacement process to begin. The BIA has since hired Ms. Snyder's accounting firm as its' bookkeeping service, and we thank her tremendously for the service and leadership during her time. On January 25th, 2021, the Board voted and approved Mr. Jon De Luca as Ms. Snyder's replacement after the official paperwork was completed, reviewed, and accepted by the Board. The Board of Management requests the following name be accepted and added by City Council to the slate of Directors at the October City Council meeting: 1. Jon De Luca, Employee and Property Owner (representative) of 4635 Queen Street With Council's approval, the Board is proud to have equal representation of business owners, property owners, and employees of downtown establishments. Page 642 of 819 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 The full slate should now be as follows: 1. Ron Charbonneau, Chairman, Property Owner 2. Eddy Pybus, Vice-Chair, Business, and Property Owner 3. Kellie Crossley, Treasurer, Business and Property Owner 4. Wendy Leard, Director, Business and Property Owner 5. Pragnesh Saija, Director Business Owner of Wonder Buds 6. Starr Bowes, Director, Employee on Behalf of Business Owner 7. Glen Sparks, Director, Employee on Behalf of Business Owner 8. Dave D'Angelo, Director, Employee on Behalf of Business Owner 9. Jon De Luca, Employee and Property Owner (representative) 10. Chris Dabrowski, City Council Liaison 11. Wayne Campbell, City Council Liaison If you have any questions or concerns, please do not hesitate to contact our Executive Director at amanda@queenstreetniagara.com. Sincerely, Ron Charbonneau Page 643 of 819 E:_<_mnmo:, 3.0::403$538 mmsn<<mQ:mmQm<._um_oEmQw..8393E: ._.o”m____<_m.ao: no":390%;9%E203:vmaosms3:EmEo::mm: m:Emn.n23m_>Ecqmm?mom; UmmwE:_<_m.Go:.92Qmlan noca<0:Emmmm39amEa_m£m«magEmmmi#3Emzmxnm:,.<nocsnzBmmzzmo:3352oh?15%<o:. 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PSWs have selflessly and tirelessly provided care to our community’s most vulnerable through an extraordinarily challenging year, a year made more precarious by a pandemic the likes of which many of us have never seen. Through all of this they have been, and continue to remain, steadfast and true. They have given so much of themselves every day, sacrificing their own health, safety, time with their families, even their lives to ensure the safety and care of our seniors and vulnerable. As a proud Certified PSW myself, and Founder and CEO of The Canadian PSW Network; a not-for-profit network in our 3rd year, providing support, resources and advocacy for our fellow PSWs, I’m asking that you join with us in recognizing May 19th of this year in an official capacity with a Mayoral Proclamation deeming May 19th, 2021 as Official PSW Day on behalf of yourself and The Canadian PSW Network. PSWs only get recognition this one day a year and I firmly believe they truly deserve our community leader’s recognition and respect for everything they have done through this pandemic and through the horrific working conditions they face every day, especially in the Long-term Care setting. If your office does not provide proclamations, but has an alternative such as a lighting of City Hall, we would be appreciative of the show of support and recognition however you can. If your office does not provide proclamations, but has an alternative such as a lighting of City Hall, we would be appreciative of the show of support and recognition however you can and a show of lighting in our Network's colours of Blue and Green would be greatly appreciated. We look forward to hearing from you. Kind Regards, Lynn Steele PSW | CDCP Founder & CEO Direct: 647-848-3532 Page 646 of 819 Page 647 of 819 Tony Baldinelli,MP Member of l’ai'liaiiient Niagara Falls HOUSEOF COMMONS CHAMBREmasCOMMUNES CANADA January 27,2021 Mayor and Council City of Niagara Falls 4310 Queen Street Niagara Falls,ON L2E6X5 Mayor Diodati and Council Members, In December of 2020 there was a unanimous vote in the House of Commons in favour of implementing the 988 Crisis Line which was initiated by my colleague,Todd Doherty the Member of Parliament for Cariboo—PrinceGeorge.I wish to sincerely thank you for your recent support of this potentially life- saving initiative. As you know,in the past then months,the effects of the Covld—19pandemic have taken a toll on Canadian’s mental health.So many people suffer in silence.It is important to eliminate unnecessary barriers for those who choose to seek help which is why the implementation of a crisis line is so crucial to help those struggling with mental illness.Suicide—prevention experts have stated that the three—digit number will be a breakthrough that helps people in crisis. Thank you again for your support as we work together to ensure residents have the tools they need to seek assistance during a time of personal crisis. Tony Baldinelli,MP Niagara Falls Ottawa Niagara Falls Fort Erie Room 645 Niagara-on-the-Lake 48 Jams Sm, Confederation Building.4056 Dorchester Street,Unit l07 Fort Erie,OntarioOttawa,Ontario ..2A 254KIAOA6NiagaraFalls,Ontario L Te]‘613_995_1547 LZE6M9 Tell.2905-871-9991 '4 TQL:905-353-9590 Fax.1905-97]-5046Fax“6]3’992'79m Fax.:905-353-9588 T0ny.Baldinelli@parl.gc.ca Page 648 of 819 1 Heather Ruzylo To:Jacklyn Thomson Subject:Flag Raising - Children's Mental Health Awareness Week From: Jacklyn Thomson <JThomson@Pathstone.ca> Sent: Thursday, February 04, 2021 12:32 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: Flag Raising - Children's Mental Health Awareness Week Good afternoon, Sarah: This year Children’s Mental Health Awareness Week will run from May 3 -7. I am reaching out to you today to ask if, once again, the City of Niagara Falls would help us to celebrate the week and bring awareness to children’s mental health, especially during these most difficult times, by raising the CMHAW flag for the week. In previous years the flag has been raised on the Monday and flies for the duration of the week. The consideration and support of the City would be very much appreciated. If you have any questions please don’t hesitate to reach out to me. Thank you, Sarah. Enjoy your day! Stay safe and well, Jacklyn E. Thomson Executive Assistant Pathstone Mental Health is now open by appointment only. For more information visit www.pathstonementalhealth.ca/. Our Crisis & support Line remains open 24.7 at 1-800-263- 4944 where you can speak with a counsellor about any problems, big or small. Pathstone Mental Health 1338 Fourth Avenue (Branscombe Mental Health Centre) St. Catharines, ON L2S 0G1 Ph: 905-688-6850 Ext. 197 Fax: 905-688-9951 www.PathstoneMentalHealth.ca Pathstone Mental Health is proud to be a Lead Agency for Niagara. Find out more by visiting PathstoneMentalHealth.ca Page 649 of 819 2 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Avis de confidentialité: Les informations contenues à l'intérieur de ce courriel, y compris tous les documents qui y sont attachés, sont pour l'usage exclusif du/des destinataire(s) désignés ; car elles peuvent être de nature confidentielle et privilégiée. N'importe quelle revue, utilisation, divulgation ou distribution non autorisée est interdite. Si vous n'êtes pas le ou les destinataire(s) désignés, veuillez immédiatement en aviser l'expéditeur par courriel et assurer vous d'avoir détruit toutes les copies du message original. Page 650 of 819 Recreational Minor Hockey Association of Niagara Falls 2125 Citation Drive Niagara Falls, ON February 3, 2021 Mayor Jim Diodati 4310 Queen St, Niagara Falls, ON L2E 6X5 Re: Forgiveness of Ice Bill Good day, My name is Johnna Blanchfield and I am president of the Recreational Minor Hockey Association of Niagara Falls. Recreational Minor Hockey (RMHA) began operations in April 1998 and was incorporated in August of the same year. The RMHA evolved from the Legion Minor Hockey Association that had been run by various Niagara Falls Royal Canadian Legion branches for nearly 50 years. The RMHA is NOT affiliated with the OMHA or the Ontario Hockey Federation and is NOT associated with Niagara Falls Minor Hockey Association. RMHA is a non-profit organization that stresses the fun and learning aspects of hockey. Our league comprises of approximately 150-250 kids aged 6 to 16 in any given year. RMHA also has a learning program called Mini Blades for 4 and 5 year olds. We run on the goodness of volunteers. None of our board of directors or coaches are paid for the time and commitment. Everyone is a volunteer. We strive on fun and fair play and are opened to anyone. We keep our costs low in order to appeal to the low income families that otherwise would not be able to register their children in hockey. We also work closely with Jump Start, The Bob Gale Foundation, Tim Hortons Tim Bits and various other foundations. Over the past few years we have had declining enrollment and had to decrease our number of teams along with the number of games. 2019-2020 season was our toughest to date. The result was less enrollment, therefore less funds. We tried to go ahead with successful season but our finances fell short. Last February Larry Langdon came to a council meeting and talked about a benefit that he wanted to do at the casino in June. Council heard his proposal and he added that with some of the money raised that he would help RMHA take care of the ice bill. Council approved Larry’s proposal at that meeting, unfortunately the benefit was cancelled due to the global pandemic. With Covid-19 hitting us hard in March 2020, we were not able to continue our league and had to make the tough decision to collapse Recreational Minor Hockey Association of Niagara Falls. Page 651 of 819 With no registration funds to help pay for the previous years ice bills, we fell behind in our payments and our account went overdue and now it appears was sent to collections. We have been working with Larry Langdon and Rob McDonald for ways to help rectify the situation but to no avail. I would like to ask the Niagara Falls city council to forgive our past ice bills as a gesture of good will and good faith. Recreational Minor Hockey Association of Niagara Falls has done what it could over the years to ensure hockey was made available for families of any income level and also ensured it was made fun for all the players and coaches. It is with sadness that we must no longer offer this type of hockey. Thank you Johnna Blanchfield President Page 652 of 819 Dixon Commercial Investigators (1982)Inc.DI _PHONE:1-800-387-8929 |FAX:1-844-714-2612 _ www.dixoncommerciallcom|col|ections@dixoncom mercial .com ONTARIO ALBERTA BRITISH COLUMBIA SASKATCHEWAN MANIYOBA QUEBEC NEW YORK P,O.Box 670 918 16"‘Avenue NW 387-1771 Robson Street 102-913 Albert Street 559-3336 Portage Ave 350-6555 Chemin de P.O.BOX550 91 Geneva Street Unit 43 Vancouver,British Columbia Regina,Saskatchewan Wlnnipag,Manitoba Ia Cote-des-Neiges Lewiston,New York St.Catharines,Ontario Calgary,Alberta V66 1C9 SAR 2P7 R3K ZH9 Montreal,Québec 14092-D550 LZR SW8 T2M UK3 H35 2A5 K6487 55330171 December1,2020 RecreationalMinor Hockey Attn:Johnna Blanch?eld 6905 Kalar Rd Niagara Falls ON L2H 2T3 RE:City Of Niagara Falls —Accts Receivable $9,312-85 (Includes 514391-21Interest) 4310 Queen street Originally Due 02/21/2020 PO Box 1023 Niagara Falls ON L2E 6X5 Dixon Commercial Investigators (1982)Inc.has been retained by your creditor in connection with the above account.Your creditor has been most patient but you have failed to satisfy this debt.Your immediate attention is required. This is a formal demandfor full and immediatepayment.Failure to pay will ensure escalationof this ?le. Before we proceed,we desire to give you fair and reasonablenotice regarding this matter.It will be in your best interest to arrange for payment at once. 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[I Visa ElMastercard ElAMEX Card #Exp./ MM YY Name Signature Should you have any questions or would like further information regarding the current amount of your debt or the amount of your debt when it was first due and payable and,if applicable,would like a breakdown of the difference betweenthose amounts, please contact our office at the numberbelow as this information is available upon request.Additionalif you incur costs due to a particular method of communicationsplease inform us of another method. Kim MacLary Ext 4060 l-800-387-8929 Licenced &Bonded Collection Agency DB0] Page 653 of 819 1 Heather Ruzylo To:Alex Herlovitch Subject:RE: Beaver Valley Corridor - Letter to Council From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Friday, February 5, 2021 3:39 PM To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Ken Todd <ktodd@niagarafalls.ca> Subject: Beaver Valley Corridor - Letter to Council Mr. Mayor and Council Members The attached letter from Upper Canada Consultants was submitted on February 4, 2021, on behalf of their client, Centennial Developments Inc. requesting that the conditions of draft plan of subdivision be amended. The Planning Act has provisions which allows City Council to amend the conditions of approval at any time prior to registration. The proponent seeks to remove or change Condition # 32 to remove the requirement to satisfy the interests of CN Rail. The condition requires the need to insert warning clauses in sales agreements and to construct a crash wall and to address drainage. These requirements have been included in the draft plan approval to protect the future residents of the subdivision. In this regard, the developer’s lawyer, Mr. Halinda, has advised that he is working with CN to resolve the issue and does not feel it is necessary for City Council to proceed. It is staff’s recommendation that the lawyers be allowed to continue their negotiations. The proponent also asked that Condition # 24 also be removed. This condition would have required the installation of fire sprinkles in houses on Street B because it has only a single means of access. While this condition was routinely required in the past, the municipality has no longer been requiring this condition for any recent plans of subdivision. Therefore, staff supports the request to remove the condition to require sprinklers. Upper Canada Consultants have been informed of these recommendations. Alex Alex Herlovitch Director of Planning, Building & Development City of Niagara Falls From: William Heikoop <WHeikoop@ucc.com> Sent: Thursday, February 04, 2021 11:38 AM To: Bill Matson <billmatson@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Cc: Alex Herlovitch <aherlovitch@niagarafalls.ca>; 'Joseph Candeloro' <jcandeloro@centennialconstruction.ca>; 'Richard Page 654 of 819 2 Halinda' <richard@halinda.ca> Subject: Beaver Valley Corridor - Letter to Council Good Day, Please accept this email and the attached request letter addressed to Council for the forthcoming Feb. 9th council meeting. I would like to delegate on this matter and discuss our CN issues with council. If you need anything further to complete registration as a delegate please let me know. Otherwise if you have any questions or concerns please contact me to discuss. Kind Regards, William Heikoop, B.U.R.Pl. Planner Upper Canada Planning & Engineering Ltd. 30 Hannover, Unit #3 St. Catharines, ON, L2W 1A3 Office: (905) 688-9400 Cell: (289) 228-5825 Email: wheikoop@ucc.com Page 655 of 819 1 Date: February 4, 2021 File:1798 To: City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 Attn: Mayor Jim Diodati & Council Members Subject: Request to Remove Conditions of Approval (CN & Sprinklers) Project: Beaver Valley Corridor Over the last several years my client Centennial Developments (Niagara) Inc. and the development consultant team has been working on fulfilling the requirements to enable the construction and completion of the above noted development project located on the former MTO Corridor extension between the Hwy. 420 and Kalar Road. This project received approval from the City in 2018, was frivolously appealed, however received approval in 2019 following proceedings with the OMB. Since that time Centennial and their solicitor, Richard Halinda, along with the UCC project team have working to clear the conditions of approval that require fulfillment in order to be eligible to obtain building permits. We are currently at a point where the roads, sewers are under installed and constructed. In order to start the construction of 86 dwellings within the subdivision is required to be registered, the housing construction can only be completed when all the conditions are fulfilled. However, circumstances regarding several conditions of approval that have resulted in an impasse and has led to a complete standstill for the project. Canadian National Railway (CN) Engagement with CN started immediately after the development was approved, UCC did not receive a response from the CN contacts for approximately 9 months, this was after repeatedly trying to contact them through various means and many different contacts. After some time, a third party consultant, WSP, was retained by CN to deal with the construction requirements for a crash wall and noise protection for the development. After working through the construction details and receiving approval on the drawings, Centennial proceeded to construct and implement all the requirements of CN to ensure the safe development of the Subdivision is completed (Exhibit A – Crash Wall images). Part of this process included the implementation of a legal agreement on title. Currently we have received a draft of that legal agreement but are at a further impasse. CN requires that this agreement be included in the Cities Subdivision Agreement. This circumstance is untypical and Staff have indicated that they are reluctant to include the CN within the Subdivision Agreement as CN requirements are adequately addressed in their opinion. We respectfully request that Council: 1. Removal of the condition #32 of approval related to CN, as all requirements have been addressed, and allow housing construction to commence while the agreement is registered on title. Page 656 of 819 2 OR 2. Direct staff to include the CN Agreement as an appendix to the Subdivision Agreement. The current condition of approval is listed below: Condition #32: The developer enters into a development agreement with CN railway to address all their requirements of development which shall include but not be limited to construction and certification of the crash wall, warning clauses and drainage, all to the satisfaction of CN Railway. Sprinkler System At this time, we would also like to revisit the requirement for sprinkler systems on Secretariat Court a dead-end single access street, beyond the emergency access. Fire standards and rules are regulated through the Ontario Building Code (OBC) and local City policy. Nothing in the OBC or City Policy mandates that sprinklers are required for dead end streets. There is a number of examples of other street’s in the City that have a single access beyond 90 metres and were not imposed with the same requirement, these examples are shown at the end of the letter (Exhibit B). Therefore, we feel that this condition has been improperly imposed on this development without the proper policy or legal regulations to enforce this requirement. We respectfully request that this condition is removed. Condition #24: The developer shall install an automatic sprinkler system in all residential units on Street B, due to lack of a secondary emergency access. If you have any questions, concerns, or require any additional documentation or information regarding this submission, please contact the undersigned. Regards, William Heikoop, B.U.R.Pl. Planner Upper Canada Consultants CC. Centennial Developments (Niagara) Inc. Richard S. Halinda Law Professional Corporation City of Niagara Falls, Director of Planning, Building and Development - Alex Herlovitch Page 657 of 819 3 Exhibit A – Photo’s of Constructed Crashwall and Noise Fence Page 658 of 819 4 Exhibit B – Photo’s of dead end Cul-de-Sacs Beaver Valley Proposed – 115 metres Page 659 of 819 5 Black Forest Crescent Existing – 214 metres Beaverton Boulevard Existing: 200m Page 660 of 819 6 Barrett Crescent Existing: 239m Page 661 of 819 …/2 February 8, 2021 Bill Matson City Clerk City of Niagara Falls 7150 Montrose Rd, Unit 1, Niagara Falls, ON L2H 3N3 Dear Bill Matson: The term of the Public Transit Infrastructure Fund (PTIF) program has been extended to March 31, 2023 to support projects which have been granted extensions. To enact the extension, an amendment to the Public Transit Infrastructure Fund Phase One (Ontario) Transfer Payment Agreement is required. Please find enclosed Amending Agreement No. 2 (Amending Agreement) for the transfer of up to a maximum amount of $$3,388,862.00, as approved by the Government of Canada, to the City of Niagara Falls to carry out the public infrastructure projects described in the Amending Agreement. This Amending Agreement includes the following amendments: 1. Extending the date of the Agreement until March 31, 2023 a. Infrastructure Canada has approved the extension of the PTIF program to allow eligible costs to be incurred between April 1, 2021 and July 31, 2021. 2. Updated Project List a. Projects that have been granted approval to be extended under the PTIF program, Sub-schedule C.2 (Extended Program Funding Request) has been added. Please print, sign and date this Amending Agreement (where indicated). To ensure that an Amending Agreement is fully executed before the current Agreement expires, please return a scanned copy of the complete file by email to MTO_PTIF@ontario.ca no later than February 26, 2021. (Ministry of Transportation 30th Floor, Ste. 3000 777 Bay Street Toronto, Ontario M7A 2J8 Tel: (416) 585-7347 Fax: (416) 585-7343 Ministère des Transports 30e étage bureau 3000 30e Étage, Suite 3000 777, rue Bay Toronto (Ontario) M7A 2J8 Tél. : (416) 585-7347 Téléc. : (416) 585-7343 Page 662 of 819 -2- Once the Amending Agreement has been signed by the Minister of Transportation, a PDF version of the fully executed Amending Agreement will be electronically delivered to the Recipient for the Recipient’s records. Please note that the ministry requires a copy of the by-law and, if applicable, any council resolution(s) authorizing the Amending Agreement and naming the authorized representative of the Recipient for the Amending Agreement. As noted in the previous communication on project extensions, eligible expenditures can not be incurred after July 31, 2021; however, claims may be submitted at any time before December 31, 2021. No claim will be accepted after this date. Your municipality is required to complete progress report(s) for all of the extended PTIF projects and submit them before July 31, 2021. All projects must be reported as 100% complete, as described in the Project Description, by this date. Please also complete outcomes report(s) and submit them before July 31, 2021. If you have any questions about this Amending Agreement or the process to execute it, please contact the Ministry of Transportation PTIF team by email at MTO_PTIF@ontario.ca. Thank you in advance for your commitment to the successful delivery of your projects, we look forward to continuing to see the results. Sincerely, James Nowlan Assistant Deputy Minister Agency Oversight and Partnerships Ontario Ministry of Transportation Attachment Page 663 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 This Amending Agreement No. 2 to the Public Transit Infrastructure Fund (PTIF) Phase One (Ontario) Transfer Payment Agreement (this “Amending Agreement No. 2”) is effective as of the date of signature by the last signing party to it. B E T W E E N: Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - The Corporation of the City of Niagara Falls (the “Recipient”) BACKGROUND The Province and the Recipient entered into the Public Transit Infrastructure Fund (PTIF) Phase One (Ontario) Transfer Payment Agreement effective as of July 17, 2017 (the “Agreement”). The Agreement, pursuant to Article 3.0 (Amending the Agreement) of the Agreement, may be amended from time to time on written agreement of the Parties. The Parties wish to amend the Agreement as set out in this Amending Agreement No. 2. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Amending Agreement No. 2, and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Parties agree as follows: 1. Capitalized Terms. Capitalized terms used in this Amending Agreement No. 2, unless defined in section 2 of this Amending Agreement No. 2, have the meanings ascribed to them in the Agreement. AMENDING AGREEMENT No. 2 TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT Page 664 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 2. Definition. In this Amending Agreement No. 2, the following term has the following meaning: “Amending Agreement No. 2” means this Amending Agreement No. 2 and the appendices attached to this Amending Agreement No. 2. 3. Section 1.1 of the Agreement is amended by adding the following after “Sub- schedule “C.1” - Program Funding Request”: “Sub-schedule “C.2” - Extended Program Funding Request 4. Section A.1.2 (Definitions) of the Agreement is amended by adding the following after “Sub-schedule “C.1” (Program Funding Request)” to the definitions of the terms “Budget”, “Project”, “Sub-Projects” and “Timelines”: and, unless otherwise specified in the Agreement, Sub-schedule “C.2” (Extended Program Funding Request) 5. Schedule “B” (Project Specific Information) of the Agreement is deleted and replaced with the schedule attached as Appendix A to this Amending Agreement No. 2. 6. Sections C.1.1 (Project Description) and C.1.2 (Budget and Timelines) of the Agreement are amended by adding the following after “Sub-schedule “C.1” (Program Funding Request)”: and Sub-schedule “C.2” (Extended Program Funding Request) 7. Sub-schedule “C.1” (Program Funding Request) of the Agreement is deleted and replaced with the schedule attached as Appendix B to this Amending Agreement No. 2. 8. Schedule “C” (Project Description, Budget and Timelines) of the Agreement is amended by adding the new Sub-schedule “C.2” (Extended Program Funding Request) attached as Appendix C to this Amending Agreement No. 2. 9. Schedule “E” (Eligible Expenditures and Ineligible Expenditures) of the Agreement is deleted and replaced with the schedule attached as Appendix D to this Amending Agreement No. 2. 10. Schedule “H” (Disposal of and Revenues from Assets) of the Agreement is deleted and replaced with the schedule attached as Appendix E to this Amending Agreement No. 2. Page 665 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 11. Schedule “J” (Requests for Payment and Payment Procedures) of the Agreement is deleted and replaced with the schedule attached as Appendix F to this Amending Agreement No. 2. 12. Except for the amendments provided for in this Amending Agreement No. 2, all provisions of the Agreement remain in full force and effect. 13. This Amending Agreement No. 2 may: (a) be executed and delivered by scanning the manually signed Agreement as a PDF and delivering it by email to the other Party; or (b) subject to the Province’s prior written consent, be executed and delivered electronically to the other Party. The respective electronic signature of the Parties is the legal equivalent of a manual signature. - SIGNATURE PAGE FOLLOWS - Page 666 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 The Parties have executed this Amending Agreement No. 2 on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Transportation for the Province of Ontario __________________ ________________________________________ Date Name: Caroline Mulroney Title: Minister THE CORPORATION OF THE CITY OF NIAGARA FALLS __________________ ________________________________________ Date Name: James Diodati Title: Mayor I have authority to bind the Recipient. __________________ ________________________________________ Date Name: Bill Matson Title: City Clerk I have authority to bind the Recipient. Page 667 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 APPENDIX A TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT SCHEDULE “B” (PROJECT SPECIFIC INFORMATION) Maximum Funds $3,388,862.00 Expiry Date March 31, 2023 Contact information for the purposes of Notice to the Province Address: Phone: Email: Strategic Investments Office Municipal Programs Branch Ontario Ministry of Transportation 777 Bay Street, 30th Floor Toronto ON M7A 2J8 416-585-7637 MTO_PTIF@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Phone: Email: Sr Financial Analyst 7150 Montrose Rd, Unit 1, Niagara Falls, ON L2H 3N3 905-356-7521 ext#4298 ccooney@niagarafalls.ca Authorized Representative of the Province for the purpose of sections C.2.2 (Amending Agreement for Minor Changes to the Project Description, Budget and Timelines) and D.7.2 (Amending Agreement for Minor Changes to the Reporting) Position: Director, Municipal Programs Branch; or Director, Capital Project Oversight Branch Authorized Representative designated by the Recipient for the purpose of sections C.2.2 (Amending Agreement for Minor Changes to the Project Description, Budget and Timelines) and D.7.2 (Amending Agreement for Minor Changes to the Reporting) Position: General Manager Contact Information for the authorized representative of the Recipient to respond to requests from the Province related to the Agreement Position: Address: Phone: Email: Customer Service Administrator 8208 Heartland Forest Rd, Niagara Falls, ON L2H 0L7 905-356-7521 Ext#4521 jsinkowski@niagarafalls.ca Page 668 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 APPENDIX B TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT SUB-SCHEDULE “C.1” PROGRAM FUNDING REQUEST Project Information Federal Land Financial Information Project Objectives Incrementality Risk Assessment Unique Project ID Ultimate Recipient Project Location Actual Project Site (Civic Address or Geo Coordinates) Project Title Project Description Eligible Investments Category Project Nature Forecasted Start Date (YYYY/MM/DD) Forecasted End Date (YYYY/MM/DD) Project Located on Federal Land (Y/N) Total Project Cost Total Eligible Cost Program Contribution (Eligible Expenditures) Other Federal Contributions (Eligible Expenditures) Provincial Contribution (Eligible Expenditures) Municipal Contribution (Eligible Expenditures) Other Contribution (Eligible Expenditures) Increased Capacity or Lifespan of the Asset (Y/N) Enhanced Service (Y/N) Improved Environmental Outcomes (Y/N) Evidence of Incrementality (Y/N) Risk Factors NIF- 001 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Addition of 6 new growth vehicles to meet ridership demand. Purchase 6 new vehicles (4 - 40 foot Low Floor, 2 - 60 foot Low Floor) to provide better service, addition of routes and less crowding on current routes. IV. Projects for system expansion, which may include active transportation, if they can be completed within the program timeframe Expansion 2017/03/14 2108/12/31 N $4,378,750.00 $3,943,200.00 $1,971,600.00 $0.00 $0.00 $1,971,600.00 $0.00 Y Y Y Y N/A NIF- 002 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Addition of 2 replacement vehicles to replace older assets. Purchase 2 full size rear entry accessible vans to replace older assets I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); New 2017-06-02 2017/12/31 N $157,399.03 $141,742.70 $70,871.35 $0.00 $0.00 $70,871.35 $0.00 Y Y Y Y N/A NIF- 004 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Purchase of new scheduling software for Para-Transit service Purchase new software to provide Notifications and Web based bookings for Para-transit schedules I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); New 2017/08/09 2018/12/31 N $30,510.00 $27,475.20 $13,737.60 $0.00 $0.00 $13,737.60 $0.00 N Y N Y N/A NIF- 005 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Installation of Intelligent Transportation Management Systems to enhance tracking and customer service interface and communications to passengers for the Niagara Falls Transit Fleet Installation of Intelligent Transportation Management Systems, including computer aided dispatch (CAD), automated vehicle location (AVL), automated vehicle monitoring (AVM), automated passenger counter (APC), and variable message signs for the Niagara Falls Transit I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); New 2017/10/10 2018/12/31 N $849,760.00 $765,235.20 $382,617.60 $0.00 $0.00 $382,617.60 $0.00 N Y N Y N/A NIF- 006 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Electronic Farebox Upgrade for 7 (seven) Chair-A- Van to meet Accessibility for Ontarians with Disabilities Act (AODA) requirements Upgrade Electronic Farebox for 7 (seven) Chair-A-Van to meet Accessibility for Ontarians with Disabilities Act (AODA) requirements I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/10/10 2018/12/31 N $158,200.00 $142,464.00 $71,232.00 $0.00 $0.00 $71,232.00 $0.00 N Y N Y N/A Page 669 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 NIF- 007 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Radio Upgrade and Replacement for seven (7) vans for Chair-A-Van Seven (7) vehicles Chair-A-Van Radio Replacement; to increase range & clarity of communications & to allow integration with conventional system. I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/01/02 2017/01/10 N $15,255.00 $13,737.60 $6,868.80 $0.00 $0.00 $6,868.80 $0.00 Y N N Y N/A NIF- 008 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Upgrade to 18 Fareboxes for Niagara Falls Transit Upgrade to 18 fareboxes for Niagara Falls Transit (Conventional Fleet) to enhance customer service with the addition of QR readers to allow for mobility ticketing I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/10/10 2018/12/31 N $440,370.97 $396,567.70 $198,283.85 $0.00 $0.00 $198,283.85 $0.00 Y N N Y N/A NIF- 009 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Upgrade Radio System and Control Station Requirements at WEGO building Upgrade Radio Server and Control Station at WEGO building I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/01/02 2017/01/10 N $14,690.00 $13,228.80 $6,614.40 $0.00 $0.00 $6,614.40 $0.00 Y Y N Y N/A NIF- 010 Niagara Falls, City of Niagara Falls, City of 650061.947, 4772028.609 and 7190 Morrison Street Bus Way & Shelter Rehabilitation and Platform upgrades at Lundy's Lane and Morrison/Dorchester Transit Hubs Lundy's Lane, Morrison/Dorchester Transit Hub Improvements, including rehabilitation to bus ways, shelters, platforms, and operator lunchroom upgrades I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/10/02 2018/12/31 N $508,500.00 $457,920.00 $228,960.00 $0.00 $0.00 $228,960.00 $0.00 Y Y Y Y N/A NIF- 011 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Replacement of 6 (six) Cummins ISL diesel engines that have surpassed life expectancy (500,000 km) Remove & replace 6 (six) Cummins diesel engines from buses purchased in 2009 that have travelled over 500,000 km I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/09/18 2018/01/18 N $271,200.00 $244,224.00 $122,112.00 $0.00 $0.00 $122,112.00 $0.00 Y N Y Y N/A NIF- 012 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Installation of Emco-Wheaton posi-lock fuelling system on 46 (forty-six) buses. Installation of 46 (forty-six) Emco-Wheaton posi-lock fuel nozzles on dispensers and installation of adaptors on buses. I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/08/24 2018/12/31 N $31,640.00 $28,492.80 $14,246.40 $0.00 $0.00 $14,246.40 $0.00 N Y Y Y N/A NIF- 014 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Purchase of Fleet Management Software to support the asset management capacity of the Niagara Falls Transit system. Upgrade fleet management software to support asset management capacity and enhance fleet maintenance scheduling to reduce costs. II. Expenditures to support the asset management capacity of a public transit system; Studies/ Planning / Asset Management 2017/07/10 2018/12/31 N $67,800.00 $61,056.00 $30,528.00 $0.00 $0.00 $30,528.00 $0.00 N Y N Y N/A Page 670 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 NIF- 015 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Replace refrigerant recover, recycle and recharge machine in maintenance facility Replacement of current refrigerant recover, recycle and recharge machine in maintenance facility that has met it's life expectancy. I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/08/22 2017/09/11 N $7,910.00 $7,123.20 $3,561.60 $0.00 $0.00 $3,561.60 $0.00 N Y Y Y N/A NIF- 016 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Purchase of ZF Transmission Diagnostic Software for buses Purchase of ZF Transmission Diagnostic Software to become self-sufficient in diagnosing ZF transmissions for operating cost savings II. Expenditures to support the asset management capacity of a public transit system; Studies/ Planning/ Asset Management 2017/08/17 2017/09/20 N $6,780.00 $6,105.60 $3,052.80 $0.00 $0.00 $3,052.80 $0.00 N Y N Y N/A NIF- 019 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Orion VII Powertrain and body refurbishments to extend life expectancy of two (2) buses Engine, transmission and drive axle upgrade and rebuild to 2 buses. Complete refurbishment of body including interior of Orion VII buses to extend life expectancy and purchase of six (6) wheelchair barriers. I. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations); Rehabilitation 2017/06/08 2018/12/31 N $508,500.00 $457,920.00 $228,960.00 $0.00 $0.00 $228,960.00 $0.00 Y N Y Y N/A $7,447,265.00 $6,706,492.80 $3,353,246.40 $0.00 $0.00 $3,353,246.40 $0.00 Page 671 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 APPENDIX C TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT SUB-SCHEDULE “C.2” EXTENDED PROGRAM FUNDING REQUEST Project Information Federal Land Financial Information Project Objectives Incrementality Risk Assessment Unique Project ID Ultimate Recipient Project Location Actual Project Site (Civic Address or Geo Coordinates) Project Title Project Description Eligible Investments Category Project Nature Forecasted Start Date (YYYY/MM/DD) Forecasted End Date (YYYY/MM/DD) Project Located on Federal Land (Y/N) Total Project Cost Total Eligible Cost Program Contribution (Eligible Expenditures) Other Federal Contributions (Eligible Expenditures) Provincial Contribution (Eligible Expenditures) Municipal Contribution (Eligible Expenditures) Other Contribution (Eligible Expenditures) Increased Capacity or Lifespan of the Asset (Y/N) Enhanced Service (Y/N) Improved Environmental Outcomes (Y/N) Evidence of Incrementality (Y/N) Risk Factors NIF- 003 Niagara Falls, City of Niagara Falls, City of 8208 Heartland Forest Rd, NF Purchase of new software and hardware to better manage daily bus schedules and payroll Purchase of new software (Teledriver Hardware and Software) to better manage daily bus schedules and payroll for employees II. Expenditures to support the asset management capacity of a public transit system; Studies/ Planning/ Asset Management 2017/06/02 2021/07/31 N $79,100.00 $71,232.00 $35,616.00 $0.00 $0.00 $35,616.00 $0.00 N Y N Y N/A $79,100.00 $71,232.00 $35,616.00 $0.00 $0.00 $35,616.00 $0.00 Page 672 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 APPENDIX D TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 DEFINITIONS E.1.1 Definitions. For the purposes of this Schedule “E” (Eligible Expenditures and Ineligible Expenditures): “Eligible Investments” means the Eligible Investments described in section E.2.2 (Eligible Investments). “Ineligible Expenditures” means the costs of the Project that are ineligible for contribution by the Province under the terms and conditions of the Agreement, and that are described in this Schedule “E” (Eligible Expenditures and Ineligible Expenditures). E.2.0 ELIGIBLE EXPENDITURES AND ELIGIBLE INVESTMENTS E.2.1 Eligible Expenditures Date of Effect. Eligible Expenditures can begin to accrue as of April 1, 2016. E.2.2 Eligible Investments. The following are Eligible Investments: (a) capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility or safety, or both, of public transit infrastructure (including rehabilitation or enhancement of existing guide ways, maintenance and storage facilities, transit stations or other public transit capital assets, refurbishment or Page 673 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 replacement of existing rolling stock, intelligent transportation systems and replacement or enhancement of transit stations); (b) expenditures to support the asset management capacity of a public transit system; (c) expenditures to support the design and planning for the expansion and improvements to public transit systems, including transportation demand management measures and studies and pilot projects related to innovative and transformative technologies; and (d) projects for system expansion, which may include active transportation, if they can be completed within the PTIF timeframe. E.2.3 Scope of Eligible Expenditures. Eligible Expenditures are the direct costs which are, in the Province’s opinion, properly and reasonably incurred by the Recipient between April 1, 2016 and March 31, 2020 for the Sub-projects described in Sub-schedule “C.1” (Program Funding Request) and July 31, 2021 for the Sub-projects described in Sub-schedule “C.2” (Extended Project Funding Request), and are Eligible Investments. Eligible Expenditures include only the following: (a) all costs considered by the Parties to be direct and necessary for the successful implementation of the Project, excluding the costs identified under Article E.3.0 (Ineligible Expenditures); (b) costs of Aboriginal consultation and, where appropriate, accommodation; (c) costs of construction carried out in-house by the Recipient; (d) and other costs that, in the opinion of the Province, are considered to be necessary for the successful implementation of the Project and have been approved in writing prior to being incurred. Page 674 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 E.3.0 INELIGIBLE EXPENDITURES E.3.1 Scope of Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to section E.2.3 (Scope of Eligible Expenditures), such cost will be considered an Ineligible Expenditure. Without limitation, the indirect costs listed in section E.3.2 (Indirect Costs), the costs that are over and above the Project scope listed in section E.3.3 (Costs Over and Above Project Scope), and the following costs will be considered Ineligible Expenditures: (a) costs incurred prior to April 1, 2016 and after March 31, 2020 for the Sub- projects described in Sub-schedule “C.1” (Program Funding Request), unless otherwise approved pursuant to paragraph E.2.3(d); (b) costs incurred prior to April 1, 2016 and after July 31, 2021 for the Sub- projects described in Sub-schedule “C.2” (Extended Program Funding Request) unless otherwise approved pursuant to paragraph E.2.3 (d); (c) except as otherwise specified in the Agreement and at the Province’s sole discretion, costs incurred for a cancelled Sub-project; (d) land acquisition; (e) leasing land, buildings and other facilities; (f) leasing equipment other than equipment directly related to the construction of a Sub-project; (g) real estate fees and related costs; (h) financing charges; (i) legal fees and loan interest payments, including those related to easements (e.g., surveys); (j) any goods and services costs which are received through donations or in kind; (k) taxes for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; (l) costs associated with operating expenses and regularly scheduled maintenance work; (m) costs incurred by the Recipient for the purpose of the Project Evaluation; and (n) other costs which are not specifically listed as Eligible Expenditures under Page 675 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 Article E.2.0 (Eligible Expenditures and Eligible Investments) and which, in the opinion of the Province, are considered to be ineligible. E.3.2 Indirect Costs. Without limitation, the following indirect costs are Ineligible Expenditures: (a) costs of developing the business case for the purposes of applying for provincial funding for a Sub-project; (b) costs related to Project evaluation, including the Project Evaluation, and audit, unless otherwise approved by the Province in writing; (c) costs associated with obtaining necessary approvals, licenses or permits where the Recipient is the entity providing the approval, license or permit; (d) costs associated with general planning studies, including the Recipient’s Official Plan and Transportation Master Plan; (e) salaries and other employment benefits of any employees, overhead costs as well as other direct or indirect operating or administrative costs of the Recipient, and more specifically these costs as related to planning, engineering, architecture, supervision, management and other services provided by the Recipient’s permanent staff and funded under the Recipient’s operating budget, unless used specifically towards the Project and only for the portion of time that they are used to work on the Project; (f) costs of any activities that are part of the regular operation and maintenance of municipal assets, including operation and maintenance costs related to the Project; (g) carrying costs incurred on the funding share of any funding partner other than the Province; (h) costs associated with municipal staff travel and any Third Party; (i) litigation costs incurred by the Recipient in proceedings against the Province or the Recipient; (j) legal costs incurred by the Recipient; and (k) Recipient’s upgrades not expressly approved by the Province. Page 676 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 E.3.3 Costs Over and Above Project Scope. Activities undertaken as part of the Project that are over and above the scope of the Project will not be funded under the Agreement. These costs include, but are not limited to: (a) upgrading of municipal services and utilities that is over and above relocation or replacement that is necessitated for the Project; (b) upgrades to materials and design beyond existing municipal standards; and (c) corridor and urban design enhancements over and above those that are described for the Project. Page 677 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 APPENDIX E TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT SCHEDULE “H” DISPOSAL OF AND REVENUES FROM ASSETS H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of and Revenues from Assets): “Fiscal Year” means the period beginning April 1 of a year and ending March 31 of the following year. “Local Government” means a single-tier, lower-tier or upper-tier municipality established by or under an Ontario provincial statute, and also includes a municipal service corporation established by such a single-tier, lower-tier or upper-tier municipality. H.2.0 DISPOSAL OF ASSETS H.2.1 Gas Tax Funds Implications. Despite section H.2.2 (Repayment) and unless the Province otherwise requires in writing, the Recipient agrees that the terms and conditions under the Ministry of Transportation Dedicated Gas Tax Funds for Public Transportation Program (the “Dedicated Gas Tax Program”) will apply to any Asset purchased, acquired, constructed, repaired, rehabilitated, renovated or improved, in whole or in part, with funds from the Dedicated Gas Tax Program, in addition to the Funds, if the Recipient proposes to sell, lease, encumber or use in a manner other than described in the Agreement, or otherwise dispose of, directly or indirectly, any such Asset. H.2.2 Repayment. Subject to sections H.2.1 (Gas Tax Funds Implications) and H.2.3 (Reinvestment), the Recipient undertakes to notify the Province in writing, 180 Page 678 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 days in advance if, at any time prior to March 31, 2026 for the Sub-projects described in Sub-schedule “C.1” (Program Funding Request) and prior to July 31, 2027 for the Sub-projects described in Sub-schedule “C.2” (Extended Program Funding Request), the Recipient proposes to sell, lease, encumber or use any Asset in a manner other than described in the Agreement, or otherwise dispose of, directly or indirectly, any Asset purchased, acquired, constructed, repaired, rehabilitated, renovated or improved, in whole or in part, with Funds, other than to Canada, the Province, a Crown agent of the Province or Canada, or a Local Government or, with the Province’s written consent, any other entity. Upon disposition, unless the Province otherwise consents in writing, the Recipient hereby undertakes to reimburse the Province, forthwith on demand, a proportionate amount of the Province’s contribution, in the proportion set out below: Where Asset sold, leased, encumbered, used in a manner other than described in the Agreement, or otherwise disposed of for the Sub- projects described in Sub-schedule “C.1” (Program Funding Request): Where Asset sold, leased, encumbered, used in a manner other than described in the Agreement, or otherwise disposed of for the Sub-projects described in Sub-schedule “C.2” (Extended Program Funding Request): Return of Funds (in current dollars) On or before March 31, 2026 On or before July 31, 2027 100% After March 31, 2026 After July 31, 2027 0% H.2.3 Reinvestment. Notwithstanding the foregoing, if the Recipient disposes of any Asset, directly or indirectly, during the period noted in section H.2.2 (Repayment) for the return of Funds and replaces it with an asset of equal or greater value, the Recipient may, in lieu of the repayment provided for in section H.2.2 Page 679 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 (Repayment) and with the Province’s prior written consent, reinvest the proceeds from the disposal into the replacement asset. H.3.0 REVENUES FROM ASSETS H.3.1 Revenues. The Parties acknowledge that their contributions to the Project are meant to accrue to the public benefit. The Recipient will notify the Province in writing, within 90 days of the end of a Fiscal Year, if any Asset is used in a way that, in the Fiscal Year, revenues generated from the Asset exceeded the Recipient’s operating expenses. In such instance, the Province may require the Recipient to pay to the Province immediately a portion of the excess, in the same proportion as the Province’s contribution is to the total cost of the Asset. H.3.2 Period for Revenue Disclosure and Payment. The Recipient’s notification and payment obligations in section H.3.1 (Revenues) for the Sub-projects included: (a) in Sub-schedule “C.1” (Program Funding Request), will apply only to the first three complete Fiscal Years following the Expiry Date. (b) in Sub-schedule “C.2” (Extended Program Funding Request), will apply to the first five complete Fiscal Years following the Expiry Date. H.4.0 DEDUCTION FROM FINANCIAL ASSISTANCE H.4.1 Deduction by Province. The Province may deduct any amount of funds to be repaid by the Recipient under this Schedule “H” (Disposal of and Revenues from Assets) from the financial assistance payable on any other current or future project(s) of the Recipient under any other provincial program(s). Page 680 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 APPENDIX F TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF) PHASE ONE (ONTARIO) TRANSFER PAYMENT AGREEMENT SCHEDULE “J” REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES J.1.0 DEFINITION J.1.1 Definition. For the purposes of this Schedule “J” (Requests for Payment and Payment Procedures): “Final Payment” means the final payment by the Province to the Recipient for each Sub-project as described in and to be paid in accordance with Article J.8.0 (Final Payment). J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The Recipient agrees that the procedures provided for in Article J.3.0 (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment the Recipient submits to the Province under the Agreement. J.2.2 Diligent and Timely Manner. The Recipient agrees to submit its requests for payment to the Province in a diligent and timely manner. J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE EXPENDITURES J.3.1 Timing, Reports and Documents. The Recipient agrees to submit each Sub- project request for payment for Eligible Expenditures to the Province semi- annually and on a date to be specified by the Province at its sole discretion, and, Page 681 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 subject to paragraph K.4.1 (f), after review by the Committee. The Recipient agrees to submit, for each of the circumstances listed below, the following reports and documents: (a) for each request for payment, including the Final Payment, a Request for Payment Form, using the form provided in Sub-schedule “J.1” (Form of Request for Payment Form), fully and accurately completed by an authorized representative of the Recipient; (b) for each request for payment, except for the Final Payment, a Progress Report and an Outcomes Progress Report, acceptable to the Province, for the period to which the request for payment relates; (c) for each request for payment, except for the Final Payment, a certification, using the form of certificate provided in Sub-schedule “J.2” (Form of Certificate from Recipient), by an authorized representative of the Recipient; (d) for each request for Final Payment, a Declaration of Sub-project Completion, using the form provided in Sub-schedule “J.3” (Form of Declaration of Sub- project Completion), by an authorized representative of the Recipient; (e) for each request for Final Payment, the Final Progress Report and last Outcomes Report, acceptable to the Province, for the period to which the request for payment relates; (f) for each request for Final Payment for new and expansion Sub-projects, if applicable in the opinion of the Province and in addition to the Declaration of Sub-project Completion, a certification, using the form of certificate provided in Sub-schedule “J.4” (Form of Certificate from Professional Engineer), by a professional engineer; (g) if the Province so requests, a copy of all documentation provided to the Recipient by the authorized representative of the Recipient or professional engineer, or both, for the certification or declaration, as applicable, in Page 682 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 paragraphs J.3.1 (c), (d) and (f); and (h) such other information as the Province may request. J.4.0 PAYMENTS J.4.1 Payment by the Province. Subject to the terms and conditions of the Agreement, including the Province receiving the necessary annual appropriation from the Ontario Legislature or funds from Canada, or both, upon receipt of a request for payment fully completed in accordance with this Schedule “J” (Requests for Payment and Payment Procedures), the Province will use its reasonable efforts to make a payment to the Recipient, if due and owing under the terms of the Agreement, in a timely manner. The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 (Payments). J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit: (a) all requests for payment prior to September 1, 2020 for the Sub-projects described in Sub-schedule “C.1” (Program Funding Requests); and (b) all requests for payment prior to December 31, 2021 for the Sub-projects described in Sub-schedule “C.2” (Extended Program Funding Request). J.5.2 No Obligation for Payment. The Province will have no obligation to make any payment for a request for payment submitted after: (a) September 1, 2020 for the Sub-projects described in Sub-schedule “C.1” (Program Funding Requests); and (b) December 31, 2021 for Sub-projects described in Sub-schedule “C.2” (Extended Program Funding Requests). Page 683 of 819 Niagara Falls and Ontario PTIF TPA - Amending Agreement No. 2 J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS J.6.1 Final Reconciliation and Adjustments. For each Sub-project, following delivery of the completed Declaration of Sub-project Completion, confirming achievement of Sub-project Completion, the Final Progress Report and last Outcomes Progress Report, the Parties will jointly carry out a final reconciliation of all requests for payments and payments in respect of the Sub-project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For each Sub-project, the Province may pay to the Recipient up to 90% of its contribution under the Agreement prior to final adjustments in accordance with Article J.6.0 (Final Reconciliation and Adjustments). J.8.0 FINAL PAYMENT J.8.1 Final Payment. Subject to paragraph A.4.2 (c) and up to the Maximum Funds, the Province agrees to pay to the Recipient the remainder of its contribution under the Agreement, including the Holdback, after all of the conditions under section A.4.14 (Retention of Contribution) have been met. Page 684 of 819 The City of Niagara Falls, Ontario Resolution February 9, 2021 Moved by: Seconded by: WHEREAS Under the provincial Transfer Payment Agreement for Municipal Transit Enhanced Cleaning (MTEC), the Ontario government is providing up to $62,771 to address health related issues in respect of the COVID-19 pandemic, the costs of the MTEC that are eligible for funding by the Province under the Agreement are only those that are supplemental to the Recipient’s regular transit system cleaning. WHEREAS Caroline Mulroney, Minister of Transportation wrote to municipalities on June 29, 2020 providing information on applying for additional funding under the Transfer Payment Agreement for Municipal Transit Enhanced Cleaning. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports requesting additional financial assistance under the Transfer Payment Agreement for Municipal Transit Enhanced Cleaning to assist with the municipality’s public transit health and measures incurred on or after April 1, 2020 and on or before December 31, 2020. AND FURTHER that a copy of this resolution be sent to the Minister Transportation, Carolyn Mulroney in addition to a reporting template completed by our Municipal Treasurer and the signed Transfer Payment Agreement for MTEC. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 685 of 819 The City of Niagara Falls, Ontario Resolution January 19, 2021 Moved by: Seconded by: WHEREAS Under the federal-provincial Safe Restart Agreement for public transit, the Ontario government is providing up to $1.5 billion for Phase 2 in emergency assistance so that municipalities are supported for their transit systems as they respond to COVID- 19. WHEREAS Caroline Mulroney, Minister of Transportation wrote to municipalities on December 15, 2020 providing information on applying for additional funding under Phase 2 of the Safe Restart Agreement (SRA). THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports requesting additional financial assistance under Phase 2 of the Safe Restart Agreement stream to address COVID-19 municipal transit pressures for Phase 2, incurred from October 1, 2020 to March 31, 2021. AND FURTHER that a copy of this resolution be sent to the Minister Transportation, Carolyn Mulroney in addition to a reporting template completed by our Municipal Treasurer. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 686 of 819 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to establish a Special Covid-19 Pre-authorized Payment Plan from February 16, 2021 to January 16, 2022. WHEREAS Section 341 of the Municipal Act, 2001 1(a), states that Council may pass by-laws providing for the payment of taxes in one amount or by installments and the date or dates in the year for which the taxes are imposed on which the taxes or installments are due; AND WHEREAS Section 341 of the Municipal Act, 2001 1(b), states alternative instalments and due dates in the year for which the taxes are imposed other than those established under clause (a) above to allow taxpayers to spread the payment of taxes more evenly over the year; AND WHEREAS the Council of the City of Niagara Falls passes by-laws for the payment of taxes in the office of the Treasurer in four instalments during the year; AND WHEREAS the Council of the City of Niagara Falls deems it suitable to pass a by-law to establish a Special Covid-19 Pre-authorized Payment Plan as an alternative method of payment to the normal pre-authorized payment plan due to the current Covid-19 pandemic; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. In this by-law, “City” means the Corporation of the City of Niagara Falls “Plan” means the Special Covid-19 Pre-authorized Payment Plan; and “Tax” or “Taxes” means any sum payable to the office of the Treasurer as taxes and includes: realty, business, school, regional and local improvement levies 2. The Treasurer for the City is hereby authorized to establish a Plan to commence on February 16, 2021 and end on January 16, 2022. 3. Every person or business applying to be on the Plan must submit an application in writing to the Office of the Treasurer in order to apply for enrollment in the plan. 4. Every person or business applying to be on the Plan must meet the criteria set out in Schedule “A” of this by-law. 5. Every person enrolled in the Plan shall be governed by this by-law and this by-law shall prevail over any other by-laws unless otherwise stated in the by-law. 6. Every person enrolled in the Plan shall pay taxes into the Office of the Treasurer in monthly pre-authorized installments over 12 months on the 16th day of each month, based on the following calculations: Residential, Farm: (a) 2020 Arrears shall be divided evenly over 12 equal installments starting on February 16, 2021 until January 16, 2022 (b) 2021 Current taxes February to May Instalments: Page 687 of 819 The Treasurer shall use the total tax levy for the previous year (2020) and divide by 12 to determine the equal instalments payable in each month from February to May. This amount will be added to the amount calculated in (a) to determine the total amount of each payment. (c) 2021 Current taxes June to January Instalments: The Treasurer shall use the total tax levy for the current year (2021) deducting the payments already received under the plan in the months preceding June, then divide this amount by eight. This amount will be added to the amount calculated in (a) to determine the amount payable from June to January 2022. Commercial, Industrial: (a) 2020 Arrears shall be divided evenly over 12 equal installments starting on February 16, 2021 until January 16, 2022 (b) 2021 Current taxes February to July Instalments: The Treasurer shall use the total tax levy for the previous year (2020) and divide by 12 to determine the equal instalments payable in each month from February to July. This amount will be added to the amount calculated in (a) to determine the total amount of each payment. (c) 2021 Current taxes August to January Instalments: The Treasurer shall use the total tax levy for the current year (2021) deducting the payments already received under the plan in the months preceding August, then divide this amount by six. This amount will be added to the amount calculated in (a) to determine the amount payable from August to January 2022. 7. No penalty or interest charges will be applied to any roll number on the plan unless the roll is in default as set out in section 8. 8. All payments will be made through pre-authorized debit. Every person who has a payment returned, shall replace their payment before the next monthly instalment, failing which the Treasurer will terminate the person’s membership in the Plan. 9. Every person, whose Plan is terminated, shall pay taxes in accordance with the interim and final collection by-laws and shall pay penalty and interest charges in accordance with the by-laws. 10. This by-law shall come into force and effect immediately upon passing thereof. 11. Schedule “A” attached to this By-law shall form part of this By-law. Passed this 9th day of February, 2021 Page 688 of 819 ........................................................... ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2021 Second Reading: February 9, 2021 Third Reading: February 9, 2021 Page 689 of 819 Schedule “A” 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. 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. Page 690 of 819 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 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 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 691 of 819 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 Page 692 of 819 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 2014-65, being a By-law to establish a System of Administrative Penalties respecting the stopping, standing or parking of vehicles in the City of Niagara Falls. -------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. Schedule “A" of By-law No. 2014-65, as amended, is deleted and replaced with the following: 1. For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions in the Traffic By-law No. 89-2000, as amended that are hereby designated for the purposes of 3(1)(b) of the Regulation. 2. Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1. 3. Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. SCHEDULE “A” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS – TRAFFIC BY-LAW NO. 89-2000 Page 693 of 819 ITEM COLUMN 1 Designated Provisions COLUMN 2 Short Form Wording COLUMN 3 Administrative Penalty Bylaw Section VIOLATION Fine 89-2000 201.01 (STOP/STAND/PARK) FACING WRONG WAY $30 89-2000 201.02 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $30 89-2000 201.03 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $60 89-2000 201.04 (STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A ONE-WAY HIGHWAY $60 89-2000 201.05 (STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE WAY HIGHWAY $30 89-2000 201.06 (STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A ONE-WAY HIGHWAY $30 89-2000 201.07 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $30 89-2000 201.08 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $30 89-2000 201.09 (STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER VEHICLE $60 89-2000 202.02 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $30 89-2000 202.03 (STOP/STAND/PARK) A LARGE MOTOR VEHICLE IN A RESIDENTIAL AREA $60 89-2000 203.01 STOP ON/OVER/PARTLY ON SIDEWALK $60 89-2000 203.01 STOP WITHIN AN INTERSECTION $60 89-2000 203.01 STOP ON OR BESIDE A MEDIAN $60 89-2000 203.01 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $60 89-2000 203.01 STOP WITHIN A CROSSWALK $60 89-2000 203.01 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $60 89-2000 203.01.06 PARK ON BOULEVARD WHERE PROHIBITED $30 89-2000 203.03 STOP WHERE PROHIBITED BY SIGN $60 89-2000 204.01 STAND NEAR DESIGNATED BUS STOP $60 89-2000 204.02 STAND WHERE PROHIBITED BY SIGN $60 89-2000 205.01 PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR DRIVEWAY $30 89-2000 205.01 PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF ROADWAY $30 89-2000 205.01 PARK FOR SERVICING OTHER THAN EMERGENCY $30 89-2000 205.01 PARK WITHIN 10M OF AN INTERSECTION $30 89-2000 205.01 PARK WITHIN 3M OF A FIRE HYDRANT $60 89-2000 205.01 PARK FOR MORE THAN 12 HOURS $30 89-2000 205.01 PARK ON AN INNER BOULEVARD $30 89-2000 205.01 PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY, DRIVEWAY OR CURB CUT/DEPRESSED CURB $30 89-2000 205.01 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $30 89-2000 205.01 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $30 89-2000 205.01.03 PARK ON BOULEVARD $30 89-2000 205.01.12 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $90 89-2000 205.01.13 PARK A HEAVY VEHICLE ON A BOULEVARD $90 Page 694 of 819 89-2000 205.02.09 PARK IN A CUL-DE-SAC $30 89-2000 205.03 PARK WHERE PROHIBITED BY SIGN $30 89-2000 205.04 PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY SIGN $30 89-2000 207.01 PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $30 89-2000 209.01 PARK NOT ADJACENT TO METER $30 89-2000 209.01.03 ANGLE PARK AT METER - WRONG DIRECTION $30 89-2000 209.02 PARKED OUTSIDE METERED SPACE $30 89-2000 209.03 PARK IN OCCUPIED METER SPACE $30 89-2000 209.03 PARK AT COVERED METER $30 89-2000 209.05 DEPOSIT UNLAWFUL COIN IN PARKING METER $30 89-2000 209.06.01 RCP USAGE $0 89-2000 209.06.01 PARK OVER TIME LIMIT - METERED ZONE $25 89-2000 209.06.02 PARK AT EXPIRED METER $25 89-2000 209.06.03 PARK AT EXPIRED METER DESIGNATED STREETS $15 89-2000 209.1 (STOP/STAND/PARK) TAXICAB IN METERED PARKING SPACE $30 89-2000 301.02 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $30 89-2000 301.03 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $60 89-2000 303.03 STOP A MOBILE CANTEEN WHERE PROHIBITED $60 89-2000 304.01 STAND AT A TAXI STAND $50 89-2000 305.01 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $60 89-2000 305.02 STOP IN LOADING ZONE $60 Page 695 of 819 2. Schedule “B” of By-law No. 2014-65, as amended, is deleted and replaced with the following: 1 For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions in the Municipal Parking By-law No. 80-77, as amended that are hereby designated for the purposes of 3(1)(b) of the Regulation. 2 Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1. 3 Column 3 in the following table sets out the Administrative Penalty amounts that are 4 payable for contraventions of the designated provisions listed in Column 1. ITEM COLUMN 1 COLUMN 2 COLUMN 3 Designated Short Form Wording Administrative Provisions Penalty 1. 2 Park- Private property where prohibited by sign $30.00 2. 3 Park- City property where prohibited by sign $30.00 SCHEDULE “B” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS – PRIVATE PARKING BY-LAW NO. 80-77 Page 696 of 819 3. Schedule “C” of By-law No. 2014-65, as amended, is deleted and replaced with the following: 1 For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions in the Municipal Parking By-law No. 96-50, as amended that are hereby designated for the purposes of 3(1)(b) of the Regulation. 2 Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1. 3 Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. ITEM COLUMN 1 Designated Provisions COLUMN 2 Short Form Wording COLUMN 3 Administrative Penalty 96-50 14 PARK ON DAYS OR TIMES NOT PERMITTED $25 96-50 14 PARKED LONGER THAN PERMITTED BY METER $25 96-50 15(B) PARK AT EXPIRED METER $25 96-50 15.(c) PARK AT EXPIRED METER DESGINATED LOTS $25 96-50 23 PARK DISPLAYING EXPIRED TICKET $25 96-50 23 PARK DISPLAYING NO TICKET $25 96-50 6.(B) PARKED WITHOUT A VALID PERMIT $30 SCHEDULE “C” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS – MUNICIPAL PARKING BY-LAW NO. 96-50 Page 697 of 819 4. Schedule “D” of By-law No. 2014-65, as amended, is deleted and replaced with the following: 1 Provisions in the Fire Route By-law No. 80-114, as amended that are hereby designated for the purposes of 3(1 )(b) of the Regulation. 2 Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1. 3 Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. ITEM COLUMN 1 COLUMN 2 COLUMN 3 Designated Short Form Wording Administrative Provisions Penalty 1. 3 Park in a fire route where prohibited by $110.00 sign SCHEDULE “D” CITY OF NIAGARA FALLS ADMINISTRATIVE BY-LAW DESIGNATED BY-LAW PROVISIONS – FIRE ROUTE BY-LAW NO. 80-114 Page 698 of 819 5. Schedule “E” of By-law No. 2014-65, as amended, is deleted and replaced with the following: Provisions in the Handicapped By-law No. 94-262, as amended that are hereby designated for the purposes of section (8) of the Regulation. 1 Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 2 Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. ITEM COLUMN 1 COLUMN 2 COLUMN 3 Designated Short Form Wording Administrative Provisions Penalty 94-262 8 Use of Handicapped Space by other than physically disabled person $300.00 SCHEDULE “E” CITY OF NIAGARA FALLS ADMINISTRATIVE BY-LAW DESIGNATED BY-LAW PROVISIONS – FIRE ROUTE BY-LAW NO. 80-114 Page 699 of 819 6. Schedule “F” of By-law No. 2014-65, as amended, is deleted and replaced with the following: Note: The fees and charges as listed in this Schedule "F" to this By-law will be subject to Harmonized Sales Tax (H.S.T.) where applicable. This By-law shall come into force immediately. Passed this ninth day of February, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2021 Second Reading: February 9, 2021 Third Reading: February 9, 2021 ITEM FEE Hearing Non-appearance Fee $50.00 Late Payment Fee $20.00 MTO Search Fee $15.00 Screening Non-appearance Fee $25.00 SCHEDULE “F” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW ADMINISTRATIVE FEES Page 700 of 819 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Parking Meter Zones) --------------------------------------------------------------- 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 removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Clifton Hill North Victoria Ave. and a point 40 m east of Victoria Ave. At All Times Clifton Hill South Victoria Avenue and a point 140 metres At All Times East of Victoria Avenue Tow Away Zone (b) by removing from the specified columns of Schedule G thereto the following item: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES/DAYS HOURS Clifton Hill Both Falls Ave. and $3.50/1 hour 2 Hours 8:00 a.m. to 3:00 a.m. Victoria Ave. $1.75/30 minutes Daily $1.75 minimum payment Page 701 of 819 (c) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Clifton Hill South Victoria Ave. and a point 63 m east of Victoria Ave. At All Times Clifton Hill South A point 82 m east of Victoria Ave. and a point 124 m easterly. At All Times Clifton Hill South Falls Ave. and a point 90 m west of Falls Ave. At All Times Clifton Hill North Falls Ave. and a point 54 m west of Falls Ave. At All Times Clifton Hill North A point 66 m west of Falls Ave. and a point 100 m westerly. At All Times Clifton Hill North A point 147 m west of Falls Ave. and a point 170 m westerly. At All Times Clifton Hill North A point 180 m west of Falls Ave. and a point 196 m westerly. At All Times Clifton Hill North A point 207 m east of Victoria Ave. and At All Times a point 236 m east of Victoria Ave. Clifton Hill North A point 40 m east of Victoria Ave. and At All Times a point 43 m east of Oneida Lane (d) 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 Clifton Hill North Victoria Avenue and Oneida Lane At All Times Tow Away Zone Clifton Hill South Victoria Avenue and Falls Avenue At All Times Tow Away Zone (e) by adding to the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Clifton Hill South A point 11 metres east of Oneida Lane and At All Times A point 38 metres east of Oneida Lane Page 702 of 819 (f) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Clifton Hill North Oneida Lane and At All Times A point 11 metres east of Oneida Lane Clifton Hill North A point 38 metres east of Oneida Lane and At All Times Falls Avenue This By-law shall come into force when the appropriate signs are installed. Passed this ninth day of February, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2021 Second Reading: February 9, 2021 Third Reading: February 9, 2021 Page 703 of 819 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Alpine Dr. and Pamela Dr. Southbound on Pamela Dr. (b) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Alpine Drive and Pamela Drive Southbound on Pamela Drive Green Avenue at Hodgson Avenue Eastbound on Green Avenue Page 704 of 819 This By-law shall come into force when the appropriate signs are installed. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021 ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 705 of 819 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to enter into an agreement with the Ministry of Transportation related to funding under the Dedicated Gas Tax Funds. WHEREAS The Ministry of Transportation of the Province of Ontario has a program to share gasoline tax for the purposes of transportation; AND WHEREAS The Corporation of the City of Niagara Falls is desirous of taking part in the program; AND WHEREAS The Ministry of Transportation requires the City of Niagara Falls to enter into a Letter of Agreement with the Ministry of Transportation in order to participate; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and Treasurer to execute a Letter of Agreement, and all subsequent years’ agreements or amendments, between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program, is hereby approved. 2. The Mayor and Treasurer are hereby authorized to execute the said Agreement and all subsequent years’ agreements or amendments and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021. ........................................................... ..................................................... . WILLIAM G. MATSON, JAMES M. DIODATI, MAYOR CITY CLERK Page 706 of 819 Ministry of Transportation Office of the Minister 777 Bay Street, 5th Floor Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transportation Ministère des Transports Bureau de la ministre 777, rue Bay, 5e étage Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transports January 14, 2021 Mayor Jim Diodati City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Diodati: RE: Dedicated Gas Tax Funds for Public Transportation Program This Letter of Agreement between the City of Niagara Falls (the “Municipality”) and Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario (the “Ministry”), sets out the terms and conditions for the provision and use of dedicated gas tax funds under the Dedicated Gas Tax Funds for Public Transportation Program (the “Program”). Under the Program, the Province of Ontario provides two cents out of the provincial gas tax to municipalities to improve Ontario’s transportation network and support economic development in communities for public transportation expenditures. The Ministry intends to provide dedicated gas tax funds to the Municipality in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program 2020-21 Guidelines and Requirements (the “guidelines and requirements”). In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which the Municipality has reviewed and understands and are hereby incorporated by reference, and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Ministry and the Municipality agree as follows: 1. To support local public transportation services in the Municipality, the Ministry agrees to provide funding to the Municipality under the Program to a maximum amount of up to $1,600,569 (“the “Maximum Funds”) in accordance with, and subject to, the terms and conditions set out in this Letter of Agreement and, for greater clarity, the guidelines and requirements. 2. Subject to Section 1, the Ministry will, upon receipt of a fully signed copy of this Letter of Agreement and a copy of the authorizing municipal by-law(s) and, if applicable, resolution(s) for the Municipality to enter into this Letter of Agreement, provide the Municipality with $1,200,427; and any remaining payment(s) will be provided thereafter. …/3 Page 707 of 819 -2- 3. If another municipality authorizes the Municipality to provide local public transportation services on its behalf and authorizes the Municipality to request and receive dedicated gas tax funds for those services also on its behalf, the Municipality will in the by-law(s) and, if applicable, resolution(s) described in Section 2 confirm that the Municipality has the authority to provide those services and request and receive those funds. 4. The Municipality agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry’s sole discretion, to any other adjustments as set out in the guidelines and requirements. 5. The Municipality will deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds and any related interest only in accordance with the guidelines and requirements. 6. The Municipality will adhere to the reporting and accountability measures set out in the guidelines and requirements, and will provide all requested documents to the Ministry. 7. The Municipality agrees that the funding provided to the Municipality pursuant to this Letter of Agreement represents the full extent of the financial contribution from the Ministry and the Province of Ontario under the Program for the 2020-21 Program year. 8. The Ministry may terminate this Letter of Agreement at any time, without liability, penalty or costs upon giving at least thirty (30) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement, the Ministry may take one or more of the following actions: (a) cancel all further payments of dedicated gas tax funds; (b) demand the payment of any dedicated gas tax funds remaining in the possession or under the control of the Municipality; and (c) determine the reasonable costs for the Municipality to terminate any binding agreement(s) for the acquisition of eligible public transportation services acquired, or to be acquired, with dedicated gas tax funds provided under this Letter of Agreement, and do either or both of the following: (i) permit the Municipality to offset such costs against the amount the Municipality owes pursuant to paragraph 8(b); and (ii) subject to Section 1, provide the Municipality with funding to cover, in whole or in part, such costs. The funding may be provided only if there is an appropriation for this purpose, and in no event will the funding result in the Maximum Funding exceeding the amount specified under Section 1. 9. Any provisions which by their nature are intended to survive the termination or expiration of this Letter of Agreement including, without limitation, those related to disposition, accountability, records, audit, inspection, reporting, communication, liability, indemnity, and rights and remedies will survive its termination or expiration. 10. This Letter of Agreement may only be amended by a written agreement duly executed by the Ministry and the Municipality. 11. The Municipality agrees that it will not assign any of its rights or obligations, or both, under this Letter of Agreement. …/3 Page 708 of 819 -3- 12. The invalidity or unenforceability of any provision of this Letter of Agreement will not affect the validity or enforceability of any other provision of this Letter of Agreement. Any invalid or unenforceable provision will be deemed to be severed. 13. The term of this Letter of Agreement will commence on the date of the last signature of this Letter of Agreement. 14. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please print and secure the required signatures, and then deliver a fully signed pdf copy to the Ministry at the email account below. Subject to the province’s prior written consent, including any terms and conditions the Ministry may attach to the consent, the Municipality may execute and deliver the Letter of Agreement to the Ministry electronically. In addition, all program documents are also to be sent to the following email account: MTO-PGT@ontario.ca Sincerely, Caroline Mulroney Minister of Transportation I have read and understand the terms and conditions of this Letter of Agreement, as set out above, and, by signing below, I am signifying the Municipality’s consent to be bound by these terms and conditions. Municipality _______________ ____________________________ Date Name (print): Title (head of council or authorized delegate): I have authority to bind the Municipality. _______________ ____________________________ Date: Name (print): Title (clerk or authorized delegate): I have authority to bind the Municipality. Page 709 of 819 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to enter into an agreement with the Ministry of Transportation related to the provincial Transfer Payment Agreement for Municipal Transit Enhanced Cleaning (MTEC). WHEREAS The Ministry of Transportation of the Province of Ontario has a program to provide additional funding to address COVID-19 costs that are supplemental to the Recipient’s regular transit cleaning system. AND WHEREAS The Corporation of the City of Niagara Falls is desirous of taking part in the program; AND WHEREAS The Ministry of Transportation requires the City of Niagara Falls to enter into a Letter of Agreement with the Ministry of Transportation in order to participate; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and the City Clerk to execute a Letter of Agreement, between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Transfer Payment Agreement for Municipal Transit Enhanced Cleaning (MTEC), is hereby approved. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021. ........................................................... ..................................................... . WILLIAM G. MATSON, JAMES M. DIODATI, MAYOR CITY CLERK Page 710 of 819 City of Niagara Falls and Ontario TPA for MTEC TRANSFER PAYMENT AGREEMENT FOR MUNICIPAL TRANSIT ENHANCED CLEANING THIS TRANSFER PAYMENT AGREEMENT for Municipal Transit Enhanced Cleaning (the “Agreement”) is effective as of the Effective Date (both “Agreement” and “Effective Date” as further defined in section A1.2 (Definitions)). B E T W E E N: Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - The Corporation of the City of Niagara Falls (the “Recipient”) BACKGROUND: In response to the COVID-19 pandemic and subject to the terms and conditions set out in the Agreement, the Province has agreed to provide funding to the Recipient for the Municipal Transit Enhanced Cleaning (“MTEC” as further defined in section A1.2 (Definitions)). CONSIDERATION: In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules and Sub-schedule to the Agreement. The following schedules and sub-schedule form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Contact Information and Authorized Representatives Schedule “C” - Eligible Expenditures and Ineligible Expenditures Schedule “D” - Claim and Attestation Submission, Supporting Documentation and Payment Procedures Sub-schedule “D.1” - Claim and Attestation Form Page 711 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 2 of 28 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties (as defined in section A1.2 (Definitions)) with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the inconsistency; or (b) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.2 Electronic Execution and Delivery of Agreement. (a) The Agreement may: (i) be executed and delivered by scanning the manually signed Agreement as a PDF and delivering it by email to the other Party; or (ii) subject to the Province’s prior written consent, be executed and delivered electronically to the other Party. (b) The respective electronic signature of the Parties is the legal equivalent of a manual signature. 4.0 AMENDING THE AGREEMENT 4.1 Amendments. The Agreement may only be amended by a written agreement. 4.2 Execution of Amending Agreements. An amending agreement under section 4.1 (Amendments) may be executed by the respective representatives of the Page 712 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 3 of 28 Parties listed in Schedule “B” (Contact Information and Authorized Representatives). 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient to carry out the MTEC and not to provide goods or services to the Province; (b) the Province is not responsible for carrying out the MTEC; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the MTEC or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the MTEC or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 713 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 4 of 28 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario _________________ ____________________________________ Date Name: Caroline Mulroney Title: Minister THE CORPORATION OF THE CITY OF NIAGARA FALLS _________________ ____________________________________ Date Name: James M. Diodati Title: Mayor I have authority to bind the Recipient. _________________ ____________________________________ Date Name: William G. Matson Title: City Clerk I have authority to bind the Recipient. Page 714 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 5 of 28 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this agreement, entered into between the Province and the Recipient, all of the schedules and the sub-schedule listed in section 1.1 (Schedules and Sub-schedule to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amendments). “Authorities” means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Agreement or the MTEC, or both. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date of signature by the last signing Party to the Agreement. “Eligible Expenditures” means the costs of the MTEC that are eligible for funding by the Province under the Agreement, and that are further described in section C2.1 (Scope of Eligible Expenditures). Page 715 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 6 of 28 “Event of Default” has the meaning ascribed to it in section A12.1 (Events of Default). “Expiry Date” means June 30, 2021. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Ineligible Expenditures” means the costs of the MTEC that are ineligible for funding by the Province under the Agreement, and that are further described in section C3.1 (Scope of Ineligible Expenditures). “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the MTEC or any other part of the Agreement. “Maximum Funds” means $62,771. “MTEC” means the municipal transit enhanced cleaning as described in section C1.1 (Description of the MTEC). “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4 (Recipient not Remedying). “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the MTEC or with any other part of the Agreement. “Records Review” means any assessment the Province conducts pursuant to section A7.4 (Records Review). “Reports” means the reports described in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures). Page 716 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 7 of 28 “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities. A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it has, and will continue to have, the experience and expertise necessary to carry out the MTEC; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the MTEC, the Funds, or both; (c) if Funds are used for acquired goods or services, or both, these were acquired in compliance with the Recipient’s policies and procedures and, to the extent possible under the COVID-19 unprecedented times, through a process that promotes the best value for the money; (d) it is in compliance with the insurance requirements set out in section A10.1 (Recipient’s Insurance); and (e) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds including, without limitation, information relating to any eligibility requirements, the MTEC and related timelines was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants and covenants that it has, will maintain, in writing, and will follow: (a) procedures to enable the Recipient to manage the Funds prudently and effectively; (b) procedures to enable the Recipient to complete the MTEC successfully; Page 717 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 8 of 28 (c) procedures to address any identified risks to the MTEC initiatives, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0 (Reporting, Accounting and Review); and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon request of the Province and within the timelines set out in the request, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0 (Representations, Warranties and Covenants). A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 (Termination on Notice) or Article A12.0 (Event of Default, Corrective Action and Termination for Event of Default). A4.0 FUNDS AND CARRYING OUT THE MTEC A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds towards the Eligible Expenditures the Recipient incurred and paid for the purpose of carrying out the MTEC; (b) provide the Funds to the Recipient in accordance with the payment procedures provided for in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1 (Funds Provided): (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of the Agreement by the Page 718 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 9 of 28 Recipient by municipal by-law; and (b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2 (Preparation and Submission). A4.3 Use of Funds and Carry Out the MTEC. The Recipient will do all of the following: (a) spend the Funds only for Eligible Expenditures; and (b) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, including any level of government, or ministry, agency, or organization of the Government of Ontario, other than the Province pursuant to the Agreement. A4.4 Rebates, Credits and Refunds. The Province will calculate Funds based on the actual Eligible Expenditures to the Recipient to carry out the MTEC, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. A5.0 RECIPIENT’S DISPOSAL OF ASSETS A5.1 Disposal. The Recipient agrees not to sell, lease or otherwise dispose of any assets acquired with the Funds without the Province’s prior written consent. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient represents and warrants that there is and there will continue to be no conflict of interest in respect to how the MTEC has been and will continue to be carried out and that the Recipient will use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the MTEC, the use of the Funds, or both. Page 719 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 10 of 28 A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTING, ACCOUNTING AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A15.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedure); and (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; and (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles in effect in Canada or with the public sector accounting standards approved or recommended by the Public Sector Accounting Board including, without limitation, its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the MTEC; and (b) all non-financial records and documents relating to the Funds or otherwise to the MTEC. Page 720 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 11 of 28 A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; and (b) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3 (Record Maintenance); and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents including, without limitation, paid invoices and original receipts, wherever they are located; (b) assisting the Province in copying records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its MTEC-related publications whether written, oral or visual: Page 721 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 12 of 28 (a) acknowledge the support of the Province for the MTEC; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient is responsible for its own insurance and has been carrying, at its own costs and expense, and requiring the same from its subcontractors, all the necessary and appropriate insurance that a prudent municipality in similar circumstances would maintain in order to protect itself and the Indemnified Parties and support the Recipient’s indemnification set out in section A9.1 (Indemnification). For greater certainty, the Recipient is not covered by the Province of Ontario's insurance program and no protection will be afforded to the Recipient by the Government of Ontario for any Loss or Proceeding that may arise out of the MTEC or the Agreement. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; and (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient. Page 722 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 13 of 28 A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement including, without limitation, failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) use or spend any of the Funds or related interest for a purpose other than that contemplated under the Agreement without the prior written consent of the Province; or (b) provide, in accordance with section A7.2 (Preparation and Submission), Reports or such other reports as may have been requested pursuant to paragraph A7.2(b). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) provide the Recipient with an opportunity to remedy the Event of Default; (b) suspend the payment of Funds for such period as the Province determines appropriate; (c) reduce the amount of the Funds; (d) cancel all further instalments of Funds; (e) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (f) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (g) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (h) demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. Page 723 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 14 of 28 A12.3 Opportunity to Remedy. If, in accordance with paragraph A12.2(a), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A12.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A12.2(a), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in paragraphs A12.2 (b), (c), (d), (e), (f), (g), (h) and (i). A12.5 When Termination Effective. Termination under this Article A12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A13.0 FUNDS UPON EXPIRY A13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds and interest remaining in its possession or under its control. A14.0 DEBT DUE AND PAYMENT A14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. Page 724 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 15 of 28 A14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A14.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B” (Contact Information and Authorized Representatives). A14.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A15.0 NOTICE A15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Contact Information and Authorized Representatives), or as either Party later designates to the other by Notice. A15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; and (b) in the case of email, personal delivery or courier on the date on which the Notice is delivered. Page 725 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 16 of 28 A15.3 Postal Disruption. Despite paragraph A15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery or courier. A16.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A16.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A17.0 SEVERABILITY OF PROVISIONS A17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A18.0 WAIVER A18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A18.2 Waiver Applies. If in response to a request made pursuant to section A18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A19.0 INDEPENDENT PARTIES A19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any Page 726 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 17 of 28 actions that could establish or imply such a relationship. A20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A21.0 GOVERNING LAW A21.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A22.0 FURTHER ASSURANCES A22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A23.0 JOINT AND SEVERAL LIABILITY A23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A24.0 RIGHTS AND REMEDIES CUMULATIVE A24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in Page 727 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 18 of 28 substitution for, any of its rights and remedies provided by law or in equity. A25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A26.0 SURVIVAL A26.1 Survival. The following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.0 (Acknowledgment), and A1.0 (Interpretation and Definitions) and any other applicable definitions, paragraph A2.1(a), sections A4.4 (Rebates, Credits and Refunds), A5.1 (Disposal), A7.1 (Province Includes), A7.2 (Preparation and Submission) to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province, A7.3 (Record Maintenance), A7.4 (Records Review), A7.5 (Inspection and Removal), A7.6 (Cooperation), A7.7 (No Control of Records), A7.8 (Auditor General), Articles A8.0 (Communications Requirements) and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice by the Province) and A12.1 (Events of Default), paragraphs A12.2 (b), (c), (d), (e), (f), (g), (h) and (i), Articles A13.0 (Funds Upon Expiry), A14.0 (Debt Due and Payment), A15.0 (Notice) and A17.0 (Severability of Provisions), section A20.2 (Agreement Binding), Articles A21.0 (Governing Law), A23.0 (Joint and Several Liability), and A24.0 (Rights and Remedies Cumulative), and this Article A26.0 (Survival). - END OF GENERAL TERMS AND CONDITIONS - Page 728 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 19 of 28 SCHEDULE “B” CONTACT INFORMATION AND AUTHORIZED REPRESENTATIVES Contact information for the purposes of Notice to the Province Address: Strategic Investments Office Ministry of Transportation 777 Bay, 30th Floor Toronto, ON M7A 2J8 Attention: Kevin Dowling, Manager, Strategic Investments Office Phone: (416) 585-6312 Email: kevin.dowling@ontario.ca Contact information for the purposes of Notice to the Recipient Position: General Manager, Transit Services Address: 8208 Heartland Forest Road Niagara Falls ON L2H 0L7 Phone: (905) 356-7521 x4531 Email: cstout@niagarafalls.ca Contact information for the senior financial official in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province in respect of the Agreement Position: Director of Finance Address: 4310 Queen Street Niagara Falls ON L2E 6X5 Phone: (905) 356-7521 x4223 Email: tclark@niagarafalls.ca Authorized representative of the Province for the purpose of Section 4.2 (Execution of Amending Agreements - Exceptions) Position: Director, Municipal Programs Branch, Ministry of Transportation Authorized representative of the Recipient for the purpose of Section 4.2 (Execution of Amending Agreements - Exceptions) Position: Director of Finance Page 729 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 20 of 28 SCHEDULE “C” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES C1.0 MTEC C1.1 Description of the MTEC. To address health related issues in respect of the COVID-19 pandemic, the Recipient has been acquiring goods and services for the MTEC of its transit system. Subject to Article C2.1 (Scope of Eligible Expenditures) and for greater clarity, the costs of the MTEC that are eligible for funding by the Province under the Agreement are only those that are supplemental to the Recipient’s regular transit system cleaning. C2.0 ELIGIBLE EXPENDITURES C2.1 Scope of Eligible Expenditures. Subject to Article C3.0 (Ineligible Expenditures), Eligible Expenditures include the direct costs incurred by the Recipient on or after April 1, 2020 and on or before December 31, 2020 and that, in the opinion of the Province, are considered to have been properly and reasonably incurred and are necessary for the MTEC of transit vehicles and any other public and non-public facing transit assets, that provide or support transit services. In addition to having been incurred, these costs will have to have been paid by the Recipient prior to being submitted to the Province for payment and may include: (a) costs of cleaning materials for the MTEC; (b) costs of hand sanitizer for passenger and staff use; (c) costs of safety wear for the MTEC, such as gloves or goggles; (d) costs of equipment purchased for the MTEC; (e) costs of contracted services for the MTEC; (f) costs of salaries, including redeployment of staff, for the MTEC; and (g) any other costs that, in the opinion of the Province, are considered necessary for the MTEC. C3.0 INELIGIBLE EXPENDITURES C3.1 Scope of Ineligible Expenditures. Without limitation, the following costs will be considered Ineligible Expenditures: Page 730 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 21 of 28 (a) costs incurred before April 1, 2020 and after December 31, 2020; (b) costs not paid prior to having been submitted to the Province for payment; (c) marketing costs including advertising, promotion and communications; (d) core administrative and overhead costs (e.g., rent, telephone and communication lines/services, insurance, and computers); (e) Recipient’s staff, including permanent and seasonal, salaries and travel costs unless otherwise indicated in C2.1 (Scope of Eligible Expenditures); (f) legal, audit, or interest fees; (g) budget deficits; (h) personal protective equipment, unless otherwise indicated in C2.1 (Scope of Eligible Expenditures); (i) refundable Harmonized Sales Tax or other refundable expenses (e.g., security deposits, etc.); and (j) any other costs that, in the opinion of the Province, are considered ineligible for payment under the Agreement. Page 731 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 22 of 28 SCHEDULE “D” CLAIM AND ATTESTATION SUBMISSION, SUPPORTING DOCUMENTATION AND PAYMENT PROCEDURES D1.0 CLAIM AND ATTESTATION D1.1 Claim and Attestation from the Recipient’s Senior Financial Official. The Recipient will use the form in Sub-schedule “D.1” (Claim and Attestation Form) for the submission of its claim for payment. D2.0 SUPPORTING DOCUMENTATION D2.1 Report on Expenditures and Additional Report and Information. The Recipient will, together with the claim form described in section D1.1 (Claim and Attestation from the Recipient’s Senior Financial Official), submit the following supporting documentation with its claim for payment: (a) a report on expenditures using the form in Appendix A (Form of Report on Expenditures) to Sub-schedule “D.1” (Claim and Attestation Form); and (b) any additional reports or information, or both, the Province may request at its sole discretion and in a form provided by the Province. D3.0 PAYMENT PROCEDURES D3.1 Submission of Claim for Payment and Required Documentation. The Recipient will submit its claim for payment, together with the supporting documentation set out in section D1.1 (Claim and Attestation from the Recipient’s Senior Financial Official) and section D2.1 (Report on Expenditures and Additional Report and Information) on or before January 31, 2021. D3.2 Claim Payments. Subject to the terms and conditions set out in the Agreement and if due and owing under the Agreement, the Province will use its reasonable efforts to make the payment to the Recipient for the claim submitted pursuant to section D3.1 (Submission of Claim for Payment and Required Documentation) in a timely manner. D3.3 No Interest. The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in section D3.2 (Claim Payments). Page 732 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 23 of 28 D3.4 No Obligation to Pay. For greater clarity and without limitation to any other right of the Province, the Province will have no obligation to pay a claim if it does not meet the terms and conditions of the Agreement including, without limitation, if the claim is missing any of the required supporting documentation or is submitted after January 31, 2021, or both. Page 733 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 24 of 28 SUB-SCHEDULE “D.1” CLAIM AND ATTESTATION FORM Ministry of Transportation File No.: ______________________________ TO: Ministry of Transportation Transportation Programs Office 10th Floor 151 Bloor Street West Toronto, ON M5S 1S4 Attention: Manager, Transportation Programs Office Email: MTO-Transit Cleaning Funding @Ontario.ca FROM: [Insert address of the senior official] Attention: [insert name and title of Recipient senior official] Telephone No.: [insert telephone number of Recipient senior official] RE: Transfer Payment Agreement for Municipal Transit Enhanced Cleaning In the matter of the Transfer Payment Agreement for Municipal Transit Enhanced Cleaning entered into between Her Majesty the Queen in right of Ontario, represented by the Minister of Transportation for the Province of Ontario, and the [insert the name of the Recipient] (the “Recipient”), on [insert the month day, and year] ________________ (the “Agreement”). I, ____________________ [insert the name and title of the senior official], an authorized representative of the Recipient, having made such inquiries as I have deemed necessary for this attestation, hereby certify that to the best of my knowledge, information and belief. 1. On and as of the date set out below: a. all representations and warranties contained in Article A2.0 (Representations, Warranties and Covenants) and section A6.1 (No Conflict of Interest) of the Agreement are true and accurate; b. Funds have been solely used on Eligible Expenditures as claimed in this Claim and Attestation Form and the Form of Report on Expenditures attached as Appendix A (Form of Report on Expenditures) to this Claim and Attestation Form; Page 734 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 25 of 28 c. the Recipient is in compliance with all the terms and conditions of the Agreement, and no Event of Default, as described in the Agreement, has occurred and is continuing; and d. all records (including, without limitation, contracts, invoices, statements, receipts, vouchers) are being retained in accordance with the requirements of the Agreement. 2. The Eligible Expenditures have been incurred by the Recipient on or after April 1, 2020 and on or before December 31, 2020, and paid on or before January 31, 2021. By signing below, I hereby claim a payment in the amount of $ _________, on behalf of the Recipient, on account of the Province’s contribution towards the Eligible Expenditures of the MTEC costs. Declared at ____________ (city), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _____________________________ __________________________ Name: Witness Name: Title: Title: I have authority to bind the Recipient. Page 735 of 819 City of Niagara Falls and Ontario TPA for MTEC APPENDIX A FORM OF REPORT ON EXPENDITURES TO SUB-SCHEDULE “D.1” (CLAIM AND ATTESTATION FORM) MTEC Expenditure Report - April 1, 2020 to December 31, 2020 Date: Recipient's Name: Total Funds Allocated: Total Funds Claimed: Remaining Allocation: Page 736 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 27 of 28 Period of Work Performed Amount Paid ($) Date of Invoice (if Applicable) (DD/MM/YY) From (DD/MM/YY) To (DD/MM/YY) Vendor Name Description of Expense Eligibility per Schedule "C" Subtotal w/o HST ($) (a) Total HST ($) (b) Recoverable HST ($) (c) Net Total ($) (a) + (b) - (c) Amount Claimed ($) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 Page 737 of 819 City of Niagara Falls and Ontario TPA for MTEC Page 28 of 28 Results Achieved with Provincial Funding: Additional Comments: Conclusion: Recommended for payment: Date: [insert/print the name and title of the Recipient’s authorized representative] Recommended for payment: Date: [insert/print the name of the Director] Director, Ministry of Transportation Page 738 of 819 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to enter into an agreement with the Ministry of Transportation related to funding under Phase 2 of the Safe Restart Agreement. WHEREAS The Ministry of Transportation of the Province of Ontario has a program to provide additional funding to address COVID-19 municipal transit pressures. AND WHEREAS The Corporation of the City of Niagara Falls is desirous of taking part in the program; AND WHEREAS The Ministry of Transportation requires the City of Niagara Falls to enter into a Letter of Agreement with the Ministry of Transportation in order to participate; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Phase 2 of the Safe Restart Agreement, will be entered into upon approval. 2. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021. ........................................................... ..................................................... . WILLIAM G. MATSON, JAMES M. DIODATI, MAYOR CITY CLERK Page 739 of 819 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to appoint a Drainage Superintendent pursuant to The Drainage Act, R.S.O. 1990. WHEREAS Subsection (1) of Section 93 of The Drainage Act provides that the council of a municipality may by by-law appoint a Drainage Superintendent, to initiate and supervise the maintenance and repair of any drainage works and to assist in the construction or improvement of any drainage works, and to report thereon to Council. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. James Lane is hereby appointed as Drainage Superintendent for the Corporation of the City of Niagara Falls under The Drainage Act. 2. The by-law comes into force retroactive to December 8, 2020. 3. By-law 2015-54 is repealed when this by-law comes into force and effect. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021 ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 740 of 819 CITY OF NIAGARA FALLS By-law No.2021 — A by—|awto authorize the execution of a revised Revitalization Grant Agreement with La Pue International lnc.,respecting a Revitalization Grant to the owner of lands located within the Historic Drummondville Community Improvement Project Area. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.A revised Revitalization Grant Agreement made between The Corporation of the City of Niagara Falls as City,and La Pue International Inc.as Owner,respecting a Revitalization Grant by the City to the Owner of the lands located within the Historic Drummondville Community Improvement Project Area,in the form attached hereto,is hereby approved and authorized. Any amendment to the approved revised Revitalization Grant Agreement made by Council on February 9,2021,shall form part of the approved revised Revitalization Grant Agreement. The Mayor and City Clerk are hereby authorized to execute the said revised Revitalization Grant Agreement,including any amendment pursuant to paragraph 2 above. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said revised Revitalization Grant Agreement. Read a First,Second and Third time;passed,signed and sealed in open Council this 9”‘day of February,2021. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 741 of 819 THIS REVITALIZATION GRANT AGREEMENT MADE EFFECTIVE 2021 (the “Effective Date”). BETWEEN: THE CORPORATION OF THE CITY OF NIAGARAFALLS (hereinafter referred to as the “City”) and LA PUE INTERNATIONALINC. (hereinafter referred to as the “Owner”) WHEREAS: A.The Owner is the registered owner of the lands described in Schedule “A"attached to this Agreement (the “Property”)which are located within the Historic Drummondville Community Improvement Project Area; B.The Owner has applied to the City for a Revitalization Grant (the “Grant”)under the City’s Revitalization Grant Program (the “Program”)to assist with the costs of the rehabilitation of the Property following construction of the improvements; C.The City has agreed to provide the Grant pursuant to Section 28 of the Planning Act and under By-law No.2006-227; D.As a condition of the approval of the Grant,the City and the Owner entered into a Revitalization Grant Agreement on or about April 2,2020 (the “InitialAgreement”); E.Following the execution of the Initial Agreement,the Owner requested that the City enter into an amended and restated agreement to reflect that the Project is to proceed in three phases;and F.The parties have agreed to enter into this Agreement to fully replace the Initial Agreement. NOW THEREFORE IN CONSIDERATION of the City providing the Grant to the Owner and the mutual covenants and promises of the parties in this Agreement,the Owner and the City agree as follows: 1.INTERPRETATION 1.1 In this Agreement,in addition to the terms defined inthe recitals and the body, Page 742 of 819 “Agreement"means this agreement and all schedules attached to this agreement; “Application”means the information submitted by the Owner to the City in its application for approval of the Grant under the Program,as amended by the Owner and approved by the City; “Assessed Value”means the value of the Property determined by MPAC; “ClP”means the Historic Drummondville Niagara Falls Community Improvement Plan; “City Pre-Project Taxes"means the amount of the City of Niagara Falls property taxes levied against the portion of the Property comprising each Phase,as of the day before the RehabilitationWorks commence on that Phase,as determined by the City’sChief Building Of?cialacting reasonably; “City Post—ProjectTaxes”means the annual amount of the City of Niagara Falls property taxes levied against the portion of the Property comprising each Phase, based on the Post-Project Assessed Value,upon the completion of the RehabilitationWorks‘ “MPAC”means the Municipal Property Assessment Corporation; “Municipal Property Tax"means the total of the City of Niagara Falls property tax and the Regional Municipalityof Niagara property tax levied against the Property in a taxation year; “Pre—ProjectAssessed Value"means the Assessed Value of the portion of the Property comprising each Phase as of the day before that Phase of the RehabilitationWorks commences; “Post—ProjectAssessed Value”means the Assessed Value of the portion of the Property comprising a Phase,upon the completion of that Phase of the Rehabilitation Works,as determined in accordance with this Agreement; “Phase”means a part of the construction of the RehabilitationWorks,as set out in section 4.2 of this Agreement; “Project”means and includes all parts of the Rehabilitation Works including a seven— storey mixed-use condominium building,a 30-storey residential condominium building,a six-storey hotel building,and underground parking structure,as approved by the City;and Page 743 of 819 1.2 1.3 “RehabilitationWorks”means collectively the improvements to be constructed on the Property as the Project and,from time to time where context requires,individual buildings comprising the Project. In this Agreement,completion of the RehabilitationWorks means the date on which the Final Occupancy Permit for the Project is issued by the City’s Building Department and completion of each Phase means the date on which the Final Occupancy Permit is issued by the City's Building Department for that Phase. The recitals are true and correct and form part of this Agreement. 2.COMPLIANCEWITH PROGRAM 2.1 The Owner shall ensure the Property and the RehabilitationWorks conform to and fulfillthe objectives and requirements of the Program and the CIP and the Grant is applied in accordance with the requirements set out in the Revitalization Grant Program Guide. 3.TERM 3.1 This Agreement shall commence on the Effective Date and shall continue untilthe payment of the final Grant payment,being ten (10)years following the year in which the final Phase of the RehabilitationWorks is completed and MPAC issues a Post- Project Assessed Value for the Property,including that Phase,unless terminated earlier pursuant to the terms of this Agreement (the “Term"). 4.CONSTRUCTIONTIME 4.1 4.2 The Owner shall complete the construction of the Rehabilitation Works,to the satisfaction of the City,within ten (10)years after the Effective Date of this Agreement,failing which this Agreement shall be terminated by the City and no further Grant payments willbe made by the City. The RehabilitationWorks shall consist of three Phases,as follows: (i)Phase 1 shall comprise Building A (seven-storey mixed-use building)and the underground parking structure; (ii)Phase 2 shall comprise Building B (a residential condominium to a height of 30 storeys or,subject to any required approvals under the Planning Act,a height of not less than 22 storeys);and (iii)Phase 3 shall comprise BuildingC (six-storey hotel), Page 744 of 819 all as depicted on Schedule ‘C’to this Agreement,subject to such modifications to the Phases as may be approved by the City. GRANTCALCULATION 5.1 5.2 5.2 5.3 5.4 5.5 The annual Grant for each Phase will be equivalent to 80%of the difference between the City Pre—ProjectTaxes and the City Post—ProjectTaxes with respect to each Phase (the “Difference”)for the first five (5)calendar years after the calendar year in which the Rehabilitation Works related to that Phase are completed,60%of the Difference in the sixth (6"‘)and seventh (7‘“)calendar years,40%of the Difference in the eighth(8”‘)calendar year and 20%of the Difference in the ninth (9"‘)and tenth (1O‘)Calendar year. Grant payments willcease upon the occurrence of the earlier of: a)the date when the total of all annual Grant payments equals the total eligible costs of the RehabilitationWorks on the Property;or b)December 315‘of the tenth (’l0“‘)calendar year after the date of completion of the RehabilitationWorks on the Property. The amount of the Grant shall be based on a percentage of the MunicipalProperty Tax increase generated by each Phase of the RehabilitationWorks as calculated in accordance with the provision of the Revitalization Grant Program Application Evaluation,as set out in Section 5.1.The estimated amount of the Grant,based on the information available to the parties at the time of the execution of this Agreement,is set out in Schedule ‘B’to this Agreement.The parties acknowledge and agree that payments of the annual Grant for each Phase shall be in the amounts calculated in accordance with Section 5.1 based on the Post—Project Assessed Value. The total amount of the annual Grant payments that may be provided by the City to the Owner for each Phase under the Program shall not exceed the actual eligible rehabilitationcosts of the RehabilitationWorks,as determined by the City, which costs are estimated,as of the date of this Agreement,at $213,176,323.68 Ifthe Owner makes additional improvements to the Property after the completion of the Rehabilitation Works,the Grant payment following the completion of the construction of the additional improvementswillbe calculated based on the annual City Property Taxes levied in the last year before the increase,if any,of the Assessed Value of the Property resulting from the additional improvements. The annual Grant payment shall be calculated by the City based upon,and provided the City is satisfied in its discretion,that: Page 745 of 819 5.6 547 a)rehabilitation of the Property was completed in accordance with the improvements proposed by the owner in its Application and this Agreement; b)during each year of the Grant payment,the increase in Municipal Property Tax due to the increase in the Assessed Value of the Property attributable to the completion of the Rehabilitation Works is not reduced due to the condition of the Property;and c)annual Grant payments shall be based on the actual tax increase or reduction. The Owner warrants and represents that it has not appealed the Pre—Project Assessed Value to the Assessment Review Board and is not aware of any such appeal by a third party.The Owner shall not file any appeal to the Assessment Review Board with respect to the Pre—ProjectAssessed Value. Notwithstanding any provision of this Agreement and Schedule ‘B’,the amount of Municipal Property Tax due to the Regional Municipalityof Niagara (the “Region”) willbe taken into account in calculating the amount of the Grant for every year only if,and to the extent that the Region participates in the Program.For greater certainty,ifthe Region ceases at any time to participate in the Program,the City shall not include any amount of Municipal Property Tax payable to the Region in the calculation of the Grant payment for all years during which the Region does not so participate. 6 GRANTPAYMENT 6.1 6.2 The City shall determine the actual eligible rehabilitation costs upon completion of each Phase of the Rehabilitation Works and submission of the supporting documents by the Owner to the City.The decision of the City regarding the determination of the amount of the eligible rehabilitation costs and the calculation of the Grant payments and the total maximum Grant is final,absolute and within the City’ssole discretion. The City shall pay the initial Grant payment for each Phase when all of the following have occurred: (a)the construction of that Phase has been fullycompleted to the satisfaction of the City; (b)the Owner has supplied the City with evidence satisfactory to the City to support the amount of eligible rehabilitationcosts incurred by the Owner; Page 746 of 819 (fl (9) (h) (l) (k) (l) the Owner has satisfied the City that the eligible rehabilitation costs have been paid in full and that there are no liens,claims or litigationin respect of the Owner’s obligation to pay these costs; the Owner has satisfied the City that there are no outstanding work orders and/or orders or requests to comply from the City,the Region,the province or any other regulatory authority in respect of the RehabilitationWorks and the Property; the Owner has satisfied the City that as of the date of the proposed first Grant payment,the Owner,the Project and the Property are in full compliance with: i)any agreement(s)relating to the Property in favour of the City or Region,including any Agreement relating to subdivision,modified subdivision,service,site plan approval,encroachment,joint sewer and water use or easement;and, ii)all laws and regulations,including by—lawsof the Cityand the Region applicable to the RehabilitationWorks and the Project. MPAC has determined the Post-Project Assessed Value of the Property,as further set out in this Agreement; the Post-Project Assessed Value of the Property is greater than the Pre- Project Assessed Value of the Property; the City has issued a property tax billfor the City Post-Project Taxes based on the Post-Project Assessed Value; subject to Section 6.3,City Post-Project Taxes have been paid in full for at least one calendar year; subject to Section 6.3,there are no Municipal Property Tax arrears relating to the Property owing to the City; subject to Section 8.11,neither the Owner nor the City has appealed the Post-Project Assessed Value of the Property and there is no other outstanding appeal of the Post-Project Assessed Value of the Property;and, the Owner has satisfied the City that the Owner,as of the date of the proposed Grant payment,has paid in full and not deterred any other obligations relating to the Property in favour of the City or the Region, including but not limited to development charges,parkland dedication fees, special assessments,building permit fees and local improvement charges. Page 747 of 819 6.3 6.4 The City shall pay the annual Grant payments after the initialGrant payment upon the following conditions being fulfilledto the satisfaction of the City: (3) (b) there are,at the time of payment of the annual Grant,no Municipal Property Tax arrears relating to the Property owing to the City and,if such arrears exist,the amount of the Grant payment shall be reduced by the amount of the arrears,untilsuch time as the Municipal Property Tax arrears are paid in full,whereupon the amount of the Grant payment shall be topped up in the following year;and, the Owner has satisfied the City that the Owner,as of the date of the proposed Grant payment,has paid in full and not deferred any other obligations relating to the Property in favour of the City or the Region, including but not limitedto development charges,parkland dedication fees, special assessments,building permit fees and local improvement charges. Notwithstanding any provisionof this Agreement withthe exception of section 8.9, all Grant payments made under this Agreement shall be directed to the Owner, rather than a successor intitle.The parties covenant and agree that no successor in title of the Owner shall have any entitlement or claim to any portion of a Grant payment. 7 CORPORATE STATUS 7.1 The Owner warrants and represents to the City that: 3) bl <1) the Owner is a duly incorporated corporation,is in good standing under the Business Corporations Act and is in compliance with all laws that may affect it and willremain so throughout the term of this Agreement; the Owner has the corporate capacity to enter into this Agreement and to perform and meet any and all duties,liabilities and obligations as may be required of it under this Agreement; the Owner is a resident of Canada as of the date of this Agreement and that in the event the Owner ceases to be a resident of Canada,the Owner shall immediately notifythe City,and it is agreed,the City may deduct for any or all annual Grant payments,such sum(s)as may be required by the Canada Customs and Revenue Agency in order to meet the City’s obligations as a payor and the Owner's obligations under the Income Tax Act (Canada)and other applicable laws;and to the best of its knowledge and belief,there are no actions,suits or proceedings pending or threatened against or adversely affecting the Owner in any court or before or by any federal,provincial,municipal or other 7 Page 748 of 819 7.2 « governmental department,commission,board,bureau or agency,Canadian or foreign,which might materially affect the financial condition of the Owner or titleto the Property or assets. The Owner shall notify the City immediately of any material change in the conditions set out in paragraphs (a)to (cl)above. 8 PROVISIONS RELATING TO THE OWNER 8.1 8.2 8.3 8.4 8.5 8.6 The Owner shall complete the Rehabilitation Works as speci?ed in the approved Grant Application and in documentation submitted in support of the Grant Application,including but not limited to the architectural/design drawings, specifications,contracts and cost estimates. The Owner warrants and represents that all of the information supplied by the Owner to the City in the Application,any supporting documentation and/or in this Agreement is complete,true and accurate.If,in the opinion of the City,any of this information supplied by the Owner is incomplete,false,inaccurate or misleading, the Grant may be reduced and/or delayed and/or this Agreement may be terminated,at the option of the City,and where part or all of the Grant has already been paid by the City,such payments shall be repaid by the Owner as required by the City. The Owner warrants and represents that the Property has not been designated under the Ontario Heritage Act,R.S.O.1990,c.0.18. Upon the request of the City,the Owner shall supply to the City priorto issuance of a Grant payment,environmental reports and documentation evidencing that the Property has been remediated to the appropriate levels for the proposed use,as determined by the applicable authority.This includes,where required by the City, proof of acknowledgement of a signed Record of Site Condition (RSC)by the Ministryof Environment (MOE)for the Property. The Owner shall complete the RehabilitationWorks in compliance with the building permits for the Project,the Ontario Building Code and the applicable zoning by-law requirements,municipal requirements and other approvals required at law and with all other applicable laws and regulations. During the construction of the Rehabilitation Works and upon the completion thereof,the Owner shall provide to the City,upon request,a rehabilitationstatus report signed by the Owner confirming the status or completion of the Rehabilitation Works;a detailed progress report of the Rehabilitation Works, including but not limitedto,the rehabilitation schedule,the existence and extent of any faults or detects,the value of the work done under any contract,the amount Page 749 of 819 8.7 8.8 8.9 8.10 owing to any contractor and the amounts paid or retained by the Owners on any contract. The Owner shall maintain,or ensure that the Property is maintained in its rehabilitated condition untilthe termination or expiry of this Agreement. If the RehabilitationWorks that are the subject of this Agreement are demolished, in whole or in part,prior to the expiration or other termination of this Agreement, this Agreement shall be terminated and all Grant payments already made by the City to the Owner shall be repaid to the City. it during the Term of this Agreement the Owner transfers the whole of,or a portion of the Property on which an entire Phase is contained,to an unrelated third party, this Agreement shall terminate immediately and no further Grant payments willbe made unless the Owner provides the City with at least 30 days notice of the transfer and the City,at its sole discretion,consents to an assignment of this Agreement from the Owner to the third party which assignment shall require the assignee to assume all of the Owner’s obligations under this Agreement. Notwithstanding the foregoing,the Owner shall be permitted to transfer individual units created by a plan of condominium to any party,without notice and without the City’s consent,so long as not all or substantially all of the units are transferred to the same party or related parties. The Owner acknowledges that: (a)the Owner is responsible for the payment of all costs for the Rehabilitation Works and to apply for and obtain,at the Owner’s expense,all approvals required from the City and all other agencies for the Rehabilitation Works, including but not limited to Official Plan Amendments,rezoning by-laws, minor variances,and site plan approval; (b)nothing in this Agreement limits or fetters the City in exercising its statutory jurisdiction under the Planning Act or under any other legislative authority or by—|awand that in the event the City decides to deny or oppose or appeal any such decision,that such action by the City is not in any manner limited by reason of the Cityentering into this Agreement; (c)the Owner releases the City from any liability in respect of the City's reviews,decisions,inspections or absence of inspections regarding this rehabilitationand the Owner agrees that it is its responsibility at all times to complete the Rehabilitation Works as would a careful and prudent landowner; (d)nothing in this Agreement is intended to impose or shall impose upon the City any duty or obligation to inspect or examine the Property for 9 Page 750 of 819 8.11 8.12 8.13 compliance or non—complianceor to provide an opinion respecting any condition of development;and, (e)nothing in this Agreement is intended to be or shall be construed to be a representation by the City regarding compliance of the Property with applicable environmental laws,regulations,policies,standards,permits or approvals or other by-laws and policies of the City. if the Owner,after it has received Grant payment(s)from the City,a successor in title,or the City successfully appeals the Post—ProjectAssessed Value on which that Grant payment(s)is based,and as a result,there is a retroactive decrease in the Assessed Value,the City may deduct the amount of any resulting Grant overpayment from future Grant payments and/or add any Grant overpayment to the Municipal Property Tax payable on the Property.Ifany such appeal results in an increase in the Post—ProjectAssessed Value,the City shall top up the Grant payment(s)for all years in respect of which the increase applies.in any such appeal,the Owner shall reasonably cooperate with the City in providing,upon request,alldocuments which may be relevant to the appeal. if the City determines in its sole discretion that any of the conditions of this Agreement are not fulfilled,the City may at its sole discretion cease or delay the Grant payments,and the Owner agrees that notwithstanding any costs or expenses incurred by the Owner,the Owner shall not have any claim for compensation or reimbursement of these costs and expenses against the City and that the City is not liable to the Owner for losses,damages,interest,or claims which the Owner may bear as a result of the lapse of time (ifany)where the City is exercising its rights herein to either delay a Grant payment pending the Owners‘ compliance with this Agreement,or to terminate this Agreement. The Owner shall indemnify and save harmless from time to time and at all times, the City,its officers,employees,and agents from and against all claims,actions, causes of action,interest,demands,costs,charges,damages,expenses and loss made by any person arising directly or indirectly from: (a)the Cityentering into this Agreement;and (b)any failure by the Owner to fulfilits obligations under this Agreement or any act or omission by the Owner during the performance of its obligations under this Agreement. This indemnity shall not apply in the event of,and to the extent of a breach of this Agreement by the City. 10 Page 751 of 819 10 11 8.14 This indemnificationshall,in respect of any matter arising prior to the termination of this Agreement,remain in force following termination or expiry of this Agreement. The Owner is bound by this Agreement,unless,prior to the Owner receiving the initialGrant payment,the Owner gives notice in writingto the Citythat the Owner has decided not to accept the Grant contemplated by this Agreement,in which case,the Agreement is terminated immediately. PROVISIONS RELATING TO THE CITY 9.1 9.2 The City shall provide a Grant to the Owner to be paid over a maximum of ten (10) years,to be used toward the costs of the Rehabilitation Works on the Property, subject to and in accordance with the terms and conditions set out in this Agreement,provided that the total of such grants shall not exceed the total eligible rehabilitationcosts approved by the City. The City retains the right at all times not to make any or all Grant payments or to delay payment,where the City deems that there is non—complianceby the Owner with this Agreement.In particular,without limitingthe generality of the foregoing, the Grant is conditional upon periodic reviews satisfactory to the City to there being no adverse change in the Rehabilitation Works and to there being compliance on the part of the Owner with all other requirements contained in this Agreement. AUDIT ANDINSPECTION 10.1 10.2 The City may at its discretion require a third party review or independent audit,at the Owner's expense,of alldocumentation submitted in support of the Application or during the administration of the initial or subsequent annual Grant payments, including,but not limitedto: a)estimates and actual costs of all rehabilitationworks;and b)environmental reports and documentation. The City may inspect the Property and all fixtures and improvements upon the Property at any time during usual business hours for the purpose of ascertaining their condition or state or repair or for the purpose of verifying compliance with the provisions of this Agreement. DEFAULT AND REMEDIES 11 Page 752 of 819 11.1 if the Owner is in default in the performance of any of its obligations under this Agreement,the City shall be entitled to exercise any and all its lawfulremedies, upon thirty (30)days’written notice to the Owner specifying the default and provided that such default is not remedied withinthat time,including: a)delaying or ceasing payment of the Grant; b)requiring repayment of the Grant;and/or c)terminating this Agreement. Such remedies shall be cumulative. 11.2 This Agreement shall immediately terminate if: (a)subject to Section 8.9,the Owner sells,transfers or otherwise disposes of the whole of the Property without notifyingthe City and obtaining a consent from the City to the assignment of this Agreement; (b)the RehabilitationWorks for which a Grant was provided are demolished; (c)the RehabilitationWorks are damaged or destroyed by fire or othen/vise,and repair or reconstruction is not commenced within 180 days and completed withina reasonable time; (d)the winding up or dissolution of the Owner occurs;or (e)subject to the provisions of the Bankruptcy and Insolvency Act,R.S.C.1985, c.B-3,the Owner making an assignment for the benefit of its creditors. 12 ADDITIONALPROVISIONS 12.1 This Agreement shall remain in effect from the date of its registration on title to the earliest of: (a)the Owner informs the City in writing prior to the initialgrant payment, that the Owner has decided not to accept the Grant; (b)the City informs the Owner in writing that due to the non-fulfilmentor non-compliance with a required condition or due to default,this Agreement is at an end; (c)the total amount of the Grant paid out to the Owner equals the total eligible costs of the RehabilitationWorks;or 12 Page 753 of 819 12.2 (d)ten years from the date of completion of Phase 3 of the Rehabilitation Works; Time shall be of the essence with respect to all covenants,agreements and matters contained in this Agreement. 13 GENERAL 13.1 13.2 Notice.Where this Agreement requires notice to be delivered by one party to the other,such notice shall be in writing and delivered either personally,by email,by fax or by prepaid registered first class post,by party wishing to give such notice,to the other party at the address noted below and shall deemed to be delivered: a)inthe case of personal delivery,on the date of delivery; b)in the case of email or fax,on the date of transmission provided itis received before 4:30 p.m.on a day that is not a holiday,failing which it shall be deemed to have been received the next day,providedthe next day is not a holiday;and, c)in the case of registered post,on the third day,which is not a holiday, following posting. Notice shall be given: To the Owner at: La Pue InternationalInc. 6158 Allendale Avenue Niagara Falls,ON L2G 0A7 Telephone No.:647-705-9810 Email:lapueinternational@gmail:com To the City at: City of Niagara Falls Planning,Building &Development 4310 Queen Street Niagara Falls,ON L2E 6X5 Telephone No.:905-356-7521,ext.4238 Fax No.:905-356-2354 Email:9lanning@niagarafal|s.ca No Waiver.No waiver by a party of any breach by the other party of any of its covenants,agreements or obligations in this Agreement shall be a waiver of any subsequent breach or the breach of any other covenants,agreements or 13 Page 754 of 819 13.3 13.4 13.5 13.6 13.7 13.8 obligations,nor shall any forbearance by a party to seek a remedy for any breach by the other party be a waiver by the party of its rights and remedies with respect to such breach or any subsequent breach. Relationship.Nothing contained in this Agreement shall be deemed or construed by the parties nor by any third party as creating the relationship of principaland agent,landlord and tenant,partnership,employee and employer or joint venture between the parties. Governing Law.This Agreement shall be governed by and constituted in accordance withthe laws inforce in the Province of Ontario,excluding any conflict of laws principles.The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any legal proceedings arising out of this Agreement or the performance of the obligations hereunder. Severability.Should any section or part or parts of an section in this Agreement be illegal or unenforceable,it or they shall be considered separate and severable from the Agreement and the remaining provisions of this Agreement shall remain in fullforce and effect and shall be binding upon the City and the Service Provider as though such section or part or parts thereof had never been included in this Agreement. Entire Agreement.This Agreement constitutes the entire agreement and understanding of the parties and supersedes any and all prior understandings, discussions,negotiations,commitments,representations,warranties,and agreements,written or oral,express or implied between them with respect to the subject of this Agreement.No amendment,variation or change to this Agreement shall be binding unless the same shall be in writing and signed by the parties. Survival.in addition to those provisions which are expressly stated to survive the termination or expiration of this Agreement,the provisions of this Agreement that are by their nature intended to survive termination or expiration of this Agreement shall continue in full force and effect subsequent to and notwithstanding termination or expiration until or unless they are satisfied. Counterparts and Electronic Delivery.This Agreement 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 Agreement may be executed in any number of counterparts and all such counterparts shall,for all purposes,constitute one agreement binding on the parties. [Balance of page intentionally left blank] 14 Page 755 of 819 INWITNESS WHEREOFthe parties have executed this Agreement. SIGNED,SEALED AND DELIVERED Inthe presence of )THE CORPORATION OF THE )CITYOF NIAGARAFALLS JAMES M.DIODATI,MAYOR \J\_/\/\/\/\_/\/ )WILLIAMG.MATSON,CITYCLERK We have authority to bind the corporation. )La Pue InternationaiInc. ) ) ) )Name:Pawel Fugiel )Title:Director I have authority to bind the corporation. 15 Page 756 of 819 SCHEDULE "A" of a Grant Agreement between the City and the Owner named inthis Agreement. Legal Description of Owner’s Land PIN:64349-0257 (LT)Description:LOTS 46,51,52,61,62,63,64 &65,PLAN 273; VILLAGEOF NIAGARA FALLS;NIAGARAFALLS;PART LOTS 43,44,45,PLAN 273; VILLAGE OF NIAGARA FALLS;AS IN RO712797,NIAGARA FALLS:LOTS 48,49 & 50,PLAN273,&PART LOT 47,PLAN273;NIAGARAFALLS,SURFACE ONLY AS IN RO718049'NIAGARAFALLS. 16 Page 757 of 819 SCHEDULE “B” RevitalizationGrant Calculations Estimated Cost of Rehabilitation:$213,176,324.00 CT $950,000.00 CX $2,483,000.00 Date:December 31,2020 Date:December 31,2020 Pre-Project Assessment Value: Municipal Pre—Project Property Taxes‘ City of Niagara Falls CT $9,183.31 CX $16,801.59 Region of Niagara CT $9,526.09 CX $17,428.72 $141 ,997,61 1.00 (estimated) Date:January 27,2021 Post—Project Assessment Value (Estimated Municipal Post Project Property Taxes —Municipal Pre-Project Property Taxes)x 0.80 Calculation of Estimated InitialGrant: Calculation of the Actual Grant will be determined after the property has been revalued by MPAC and a new supplemental property tax bill has been issued and property taxes have been paid in full. Grant Calculation Schedule Year (N)Grant Factor Estimated Grant:Municipal Tax Increment x Grant Factor City Region*Municipal 1 80%$1,077,323.91 $1,117,536.44 $2,194,860.35 2 80%$1,077,323.91 $1,117,536.44 $2,194,860.35 3 80%$1,077,323.91 $1,117,536.44 $2,194,860.35 4 80%$1,077,323.91 $1,117,536.44 $2,194,860.35 5 80%$1,077,323.91 $1,117,536.44 $2,194,860.35 6 60%$807,992.93 $838,152.33 $1,646,145.26 7 60%$807,992.93 $838,152.33 $1,646,145.26 8 40%$538,661.95 $558,768.22 $1,097,430.17 9 20%$269,330.98 $279,384.11 $548,715.09 10 20%$269,330.98 $279,384.11 $548,715.09 *subjectto Regional approval and funding 1 Municipal Pre-project Property Taxes = CityPre—projectProperty Taxes (Pre~project Assessment Valuex CityTax Rate)+Clawback/~Cap and other charges plus Regional Pre—project property taxes (Pre-project Assessment Value x Regional Tax Rate)+Clawback/—Cap and other charges Page 758 of 819 aéammmu mozmucrm:0: _i_.a.m~.uzmmmp..m._=.=?.§.:aEmE§u nn_.?uu.Hmn2lm<mmH N4:.35. m,E__.._:awm.nm?,.a,_.,...u__ N«anusm?mswsmmm$.n.S.paima2mE ?n.....,.:5Snu, sa§S.§\..t.u.§: 35$m|m.:_5..wn.nem??gluwm. usmmnm.nnuE_m»Km:nmm<m.m:nmu2m:m ,\» Wm».§,mm,m,mmma a22z._>a..§Era.?.._x_...../4...:262. wu?uw7.5 ..u.r¢..n..EA3.. 5.5S._.rm... .,., a Page 759 of 819 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by-law making powers respecting signs. AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed applicable to the by-law making powers respecting advertising devices including signs. AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation, including public meetings and direct consultations with representatives of the business community and sign industry. AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the City for purposes of public safety and public aesthetics. AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes provisions concerning signs. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.0 TITLE This By-law shall be known and cited as the ASign By-law.@ 2.0 DEFINITIONS The following definitions shall apply for the purposes of this By-law: Advertising device means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. Agricultural land use means the use of land, buildings or structures for agriculture or agricultural-related uses or land zoned Agriculture in the Zoning By-law. Agricultural sign means a sign erected on an agricultural land use. Awning means a fabric over frame structure that projects from the exterior wall of a building that provides shade or other weather protection. Awning sign means a sign that is marked or inscribed upon or within the fabric of an awning. Page 760 of 819 - 2 - Banner means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material erected upon or supported by one (1) or more poles and includes a flag, pennant or other similar device. Bench sign means a sign painted on or attached to a bench. Billboard means a permanent outdoor third party sign erected and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele. Building face means an exterior wall of a building. Canopy means a permanent, rigid, roof-like structure that is attached to and supported by the exterior wall of a building and may be supported from the ground. Canopy sign means a sign attached to, marked or inscribed on a canopy. Chief Building Official shall mean the person and/or his designate, so appointed by Council pursuant to the Building Code Act. City means The Corporation of the City of Niagara Falls. Community bulletin board means a bulletin board designated by the City upon which a poster may be placed by members of the public. Community Event sign means a temporary sign that is erected for a local charitable community event and may be erected 7 days prior to the event and must be removed 72 hours after the event has concluded. Construction sign means a type of temporary sign that provides information about the activity occurring at a construction site. Council means the Council of The Corporation of the City of Niagara Falls. Directional sign means a free-standing sign that gives directions or instructions for the control of vehicular or pedestrian traffic on a property. Directory sign means a sign listing the tenants of a building containing at least two (2) distinct tenant units and that displays only the name and address of the tenants or occupancies for identification purposes. Electronic Message Centre sign (EMC) means a sign that is capable of displaying words, symbols, figures or images as copy, which can be electronically changed by remote or automatic means. This could include full motion video or fixed copy that changes. Fascia sign means a sign attached to, marked or inscribed on, erected or placed against a wall forming part of a building on a plane at any angle greater or less than ninety degrees to the plane of the building=s wall. Page 761 of 819 - 3 - First party sign means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located. General ground sign means a ground sign supported by the ground with a maximum vertical clearance of 0.75 metres between grade and the base of the sign. Grade means the average surface elevation of the finished ground below a sign or the point where the ground is in contact with any sign, building, or other structure. Ground sign means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground and includes a pylon sign. Illumination study shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties. Information sign means a sign installed for public safety or convenience regulating on premises traffic, parking or a sign denoting sections of a building and displaying no commercial advertising. Institutional land use means the use of land, buildings or structures for any use permitted under the Institutional zone or land zoned Institutional in the Zoning By- law. Institutional sign means a sign installed on an institutional land use. Legal Non-conforming sign means an existing sign, legally erected prior to December 15, 2008 and for which a permit was previously obtained and which does not conform with any or all of the provisions of this by-law, as amended. Logo sign means a sign attached to the wall of a building and located at the uppermost storey of a building and consisting solely of a graphic, corporate symbol or trademark used to identify a particular building or premise or a particular occupant of a building. Lot means a parcel of land fronting onto a street, which may be described by metes and bounds in a registered deed or be shown in a registered plan of subdivision. Contiguous lots in common ownership and occupied by a single building shall be deemed to be a single lot for the purpose of this By-law. Mansard roof means a roof having two (2) slopes on all sides with the lower slope at an angle of not less than 60 degrees and steeper than the upper slope. Menu Board sign means a sign erected as part of a drive-through facility and used to display and order products and services available in association with the drive-through business. Page 762 of 819 - 4 - Murad means any type of display or artistic endeavour applied as paint, film or other covering to an external wall or other integral part of a building or structure that may include words or advertisement or other promotional message or content, including logos or trademarks. New development sign means a first party sign or third party sign that identifies or provides information relating to or advertising the development or construction of a building or buildings. Official population means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada. Official sign means a sign erected by a public authority for the purposes of that public authority. Owner means the registered owner of the premises on which a sign is located or is proposed to be located. Park means any publicly owned or publicly controlled land that is used or intended to be used for outdoor recreation, green space or as a natural buffer. Person means an individual, firm, corporation, association or partnership. Portable sign means a sign not permanently anchored to the ground or attached to a building and designed in a manner as to be capable of being moved from place to place. Without limiting the generality of the foregoing, this definition shall include a mobile sign, sandwich board sign, A-frame sign, and inflatable sign. Poster means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet, notice and placard. Premises means a lot and includes all buildings and structures thereon. Projected image sign means a sign that consists of an image projected onto a wall, sidewalk or other surface. Projecting sign means a building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign. Property line means the boundary of a lot. Public property means property, land or a building owned by the City, The Regional Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as defined in the Municipal Affairs Act, as amended. Pylon sign means a ground sign with a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. Page 763 of 819 - 5 - Readograph means a sign or part thereof, composed of alpha-numeric characters which is changed either manually or electronically. Region means The Regional Municipality of Niagara. Regulation means, unless the context indicates a reference to provincial or federal regulations, any standard, rule, requirement or prohibition set out in this by-law. Residential land use means the use of land, buildings or structures exclusively for human habitation. Roof sign means a sign supported entirely or partly by the roof of a building or structure and projects above the roof and parapet and shall not include a sign painted onto a roof. Sign means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice. Sign area means the total area of the surface of every face of a sign including the border or frame, together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or building against which it is erected. Where there is no border or the sign is composed of individually installed letters, numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear outline that uses the least number of horizontal and vertical lines to enclose the grouping of letters, numerals, or shapes. Sign District means an area defined by the City for the purpose of prohibiting or regulating the placing or erecting of signs, notices, and advertising devices. Sign face means that portion of a sign upon which or through which the message of the sign is displayed. Sign uniformity plan means drawings and specifications approved by the City showing the arrangement of all wall signs erected and to be erected on a building or premises containing more than one (1) occupancy, and providing details of the type, character, height, and design of the signs in relation to the architectural features of the building. Street means any highway as defined in the Municipal Act, 2001. Streetline means and is the property line between a lot and a street. Temporary sign means a sign anchored to the ground but erected for a limited period of time. Without limiting the generality of the foregoing, this definition shall include a real estate sign, construction sign, election sign, portable signs, sale banner, and new development sign. Page 764 of 819 - 6 - Third party sign means a sign that advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. Visual impact study means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its proposed locations within its surroundings as viewed from relevant vantage points. Wall area means the total area of an upright or vertical side of a building including any articulations. Wall sign means a sign attached to or erected or placed against a wall forming part of a building, or supported by or through a wall of a building and having the exposed face thereof on a plane approximately parallel to the plane of such wall and includes awning signs, fascia signs, and murads. Window sign means a sign posted, painted, or affixed in or on a window exposed to public view. I. ADMINISTRATION 3. ADMINISTRATION 3.1. Interpretation 3.1.1. Words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse. 3.1.2. The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. 3.2. Administration 3.2.1. The Chief Building Official and/or his designate shall be responsible for the administration of this By-law. 3.3. Permits 3.3.1. Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. 3.3.2. All signs shall conform to the provisions of this By-law. 3.3.3. A permit shall be refused if the proposed sign does not comply with this or any other By-law of the City or Region, or Provincial or Federal statute, regulation or approval. Page 765 of 819 - 7 - 3.3.4. (1) A permit issued by the City for a sign shall expire six months from the date of issuance unless the sign is erected for its intended purpose. (2) In the event that an application is made to extend the six month period referred to in subsection 3.3.4(1) above, prior to the expiration of that six month period the time to erect the sign may be extended for a further six months by the Chief Building Official. (3) A permit may only be extended once. 3.3.5. When a sign is removed, the permit issued for that sign shall be deemed to be revoked. 3.3.6. The City may revoke a permit under the following circumstances: (a) The City issued the permit in error, or (b) The sign does not conform to this By-law, the Ontario Building Code, or any other applicable regulation or legislation or approval, or (c) The permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information, or undertakings on the application, plans, drawings, sketches and other documents submitted with the application, or (d) The sign is causing, will cause or is contributing or will contribute to a hazardous condition. 3.3.7. If a building permit is issued for a sign that building permit is deemed to be a sign permit for the purposes of this By-law. 3.4. Application for Permit 3.4.1. The applicant for a permit shall be the owner of the property or building on which the sign is to be erected or the authorized agent of the owner. 3.4.2. The applicant shall file with the City an application for a permit on the prescribed form. 3.4.3. The applicant for a permit shall provide to the City: (a) A completed application in the form prescribed by the City; (b) The written authorization of the owner where the applicant is not the owner of the property or building where the sign is to be erected; (c) A drawing showing the location and dimensions of all existing and proposed signs, and identifying the materials of which the proposed sign is to be constructed; Page 766 of 819 - 8 - (d) A site plan showing the location of the sign in relationship to other buildings and structures, the street, and the boundaries of the property upon which the sign is proposed to be erected; (e) Sufficient information for the Chief Building Official to determine that the sign has been designed and will be constructed in compliance with the applicable structural and fire prevention provisions of the Ontario Building Code. 3.4.4. An application for a fascia sign for a building or property containing more than one (1) occupancy or tenant shall include a sign uniformity plan where signs are proposed for more than one (1) occupancy or tenant. 3.4.5. Prior to applying to the City for a permit, the applicant shall obtain approval for the proposed sign, if required, from any other governmental authority having jurisdiction over the sign. 3.4.6. Notwithstanding section 3.4.5 above, in the case of a sign subject to the jurisdiction of the Niagara Parks Commission, the approval of the Niagara Parks Commission may be obtained after the application has been made. 3.4.7. Notwithstanding section 3.4.5 if the Chief Building Official believes unreasonable delays in the process would occur he may issue a conditional sign permit following as closely as possible the rules and procedures of the Building Code Act, 1992, S.O. 1992, c. 23, any replacement legislation of that Act and any regulations promulgated pursuant to that Act or replacement legislation for the issuance of Conditional Building Permits. 3.4.8. Fees payable at the time of the application shall be in accordance with the permit fee structure adopted by the City and shall be paid prior to the City accepting any sign permit application for processing. 3.5. Signs for Which a Permit is not required 3.5.1. No sign permit shall be required for the following signs, provided the erection of such sign complies with all other provisions of this by-law and that a valid building permit is issued by the City, where required by the Ontario Building Code, to permit the erection of such sign: (a) Signs to be located on lands that lie within an area that is under the jurisdiction of the Regional Municipality of Niagara, the Niagara Escarpment Commission or the Ministry of Transportation, provided that: (i) a permit has been issued by the agency having jurisdiction; and Page 767 of 819 - 9 - (ii) a valid building permit has been issued by the City for the following types of signs prior to the commencement of erection of such sign: A. Ground signs exceeding 7.5 metres (24.6 ft.) in height; B. Roof signs exceeding 10 square metres in sign area; and C. Billboard signs. (b) Official signs or signs pertaining exclusively to public safety; (c) Flags of corporations, nations, educational, or religious organizations provided not more than three (3) flags are located at one (1) premises; (d) A poster affixed to a community bulletin board in accordance with the provisions of this By-law; (e) A sign containing the name and address of a resident or occupant, provided the sign is not more than 0.2 square metres in sign area and does not include any commercial advertising for a residential land use of less than six (6) dwelling units; (f) A sign containing the name and address of the building, provided the sign is not more than 2.4 square metres in sign area and does not include any commercial advertising for a residential land use of six (6) or more dwelling units; (g) Information signs not more than 0.4 square metres in sign area; (h) Real estate signs not more than 0.5 square metres in sign area in a residential zone and 2.0 square metres in all other areas. Such real estate sign shall be removed within 14 days after the date of closure of an offer of purchase or lease of the premises; (i) A window sign on the first storey of a building occupied by a commercial use provided the window sign is not more than 20% of each window section or pane; (j) Directional sign not more than 0.5 square metres in sign area and 1.2 metres in height; (k) An open house directional sign; (l) A Construction sign not more than 5.0 square metres in sign area and to be removed within 30 days of the construction being completed or discontinued; (m) A sign for a contractor undertaking landscaping, home repairs or renovations, provided such sign is erected no more than two (2) days prior to the commencement of the project and is removed from the property immediately after the project is completed; (n) A garage sale sign or a sign advertising a lost pet; (o) Election sign; (p) Community Event sign not more than 3 m2 (32.29 sq. ft.) in sign area. Page 768 of 819 - 10 - (q) Menu Board sign not more than 3.5 m2 (37.67 sq. ft.) in sign area and not more than 3 m. in height. 3.6. Prohibited Signs 3.6.1. Any sign not expressly permitted by this By-law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: (a) A sign located on or over public property; (b) Bench sign; (c) A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d) A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e) A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f) A sign located in a daylight triangle; (g) An inflatable sign; (h) No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i) Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. Niagara Civic Convention Centre 3.6.2. Notwithstanding the foregoing and the provisions of section 12.1, a banner is permitted to be located on public property, in accordance with the following: 3.6.2.1. The provisions of this section shall apply to any banner erected by the Operator of the Niagara Civic and Convention Centre Inc. 3.6.2.1.1. in this part: (a) AApproved fixture@ means a fixture for erecting a banner, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. (b) ANCCC Banner@ means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by or at the direction Page 769 of 819 - 11 - of the NCCC within the Designated Area which relates to events to take place at the Niagara Convention and Civic Centre. (c) ADesignated Area@ means the area designated on Schedule B for the erection of NCCC Banners. 3.6.2.1.2. No permit shall be required to erect an NCCC Banner on an Approved Fixture. 3.6.2.1.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.1.4. Contractors retained by the NCCC to erect NCCC Banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.1.5. An Approved Fixture may be located on public lands. 3.6.2.1.6. An NCCC Banner shall not be used for advertising or promoting any event which is not related to the NCCC or any business other than the NCCC. 3.6.2.1.7. All other relevant provisions of this by-law shall apply to NCCC banners. 3.6.2.1.8. The appropriate Business Improvement Association shall be consulted with by the Operator of the Niagara Civic and Convention Centre Inc. where the Designated Area intersects with a Business Improvement Area prior to the installation of any banners. Business Improvement Areas 3.6.2.2. The provisions of this Part shall apply to banners erected by or at the direction of, Boards of Management of a Business Area within the Business Improvement Area of that Board of Management. 3.6.2.2.1. in this part: (a) AApproved fixture@ means a fixture for erecting banners, attached to a pole or structure in a location and of a construction approved by the Director of Page 770 of 819 - 12 - Municipal Works of the City within the Designated Area. (b) ABIA Banner@ means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by the Board of Management of a Business Improvement Area within the Business Improvement Area governed by the Board of Management giving the approval and which relates to events and businesses within the BIA. 3.6.2.2.2. No permit shall be required to erect a BIA Banner on an approved fixture. 3.6.2.2.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.2.4. Contractors retained by Boards of Management of Business Improvement Areas to erect BIA banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.2.5. An Approved Fixture may be located on public lands. 3.6.2.2.6. A BIA Banner shall not be used for advertising or promoting any event which is not related to the BIA or to any business located outside boundaries of the BIA. 3.6.2.2.7. All other relevant provisions of this by-law shall apply to BIA banners. 3.6.2.3. Any banner installed in accordance with subsections 3.6.2.1 and 3.6.2.2 above shall comply with the following regulations: 3.6.2.3.1. A banner projecting over a sidewalk shall have a minimum vertical clearance of 2.75.m between the grade and the lowest part of the sign face. 3.6.2.3.2. A banner projecting over any portion of a road shall have a minimum vertical clearance of 4.8m between the road surface and the lowest part of the sign face. Page 771 of 819 - 13 - 3.6.2.3.3. A banner shall not be installed on poles supporting traffic control signals or stop/yield signs. 3.6.2.3.4. A banner shall not be installed within 30m of a rail crossing. 3.6.2.3.5. A banner shall not obstruct the visibility of traffic signs, traffic signals or other traffic control devices. 3.6.2.3.6. A banner shall not resemble images or text that imitates any official parking or traffic control signal, sign or device.@ 4. GENERAL PROVISIONS 4.1. No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. 4.2. Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 4.3. The owner of the premises upon which any sign is located, shall be responsible for every aspect of any sign on that premises and, without limiting the generality of the foregoing, shall obtain any licence required for the sign and maintain the sign in a proper state of repair to prevent the sign becoming unsafe or dangerous. 4.4. No sign shall be located within 1.5 metres of an adjacent lot, except for a fascia sign or wall sign where the adjacent lot line is a shared wall, or is on a structure located on a street corner. 4.5. Any external lighting used to illuminate a sign shall be arranged to not direct light onto an adjacent street or premises. 4.6. Except as provided for in clauses (e) and (f) of section 3.5.1 and section 15 of this By-law no sign is permitted on a residential land use. 4.7. A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.8. It is the express intent of Council that this by-law is not to be interpreted so as to grant rights to persons that they would not have enjoyed but for the passage of this by-law. 4.9. The onus of demonstrating that a sign is not subject to the provisions of this by-law shall be upon the owner of that sign. Page 772 of 819 - 14 - 4.10. Changes to a legal non-conforming sign including replacement of the sign content and sign face or restoration, reinforcement and repair to the structural elements of a sign shall be permitted provided all dimensions and location of the sign remain exactly the same and shall be subject to obtaining the necessary sign permit. 4.10.1. Where changes to a legal non-conforming sign necessitate the removal or disassembly of structural elements, in whole or in part, it is, deemed a replacement sign, which necessitates full compliance with all provisions of this by-law and shall require a building permit. 4.10.2. A sign permit shall not be required for any alterations or repairs to a sign for which a sign permit has been issued where such alterations or repairs involve only a change in copy or the repainting, cleaning or other normal activities provided the sign structure is not modified in any other way. II. SIGNS PERMITTED BY DISTRICT 5. SIGN DISTRICTS 5.1. (1) For the purposes of this By-law, the following Sign Districts shown in Schedule AA@ are hereby established for the regulation of signs in the City: Downtown District, Fallsview District, Clifton Hill District, Lundy=s Lane District, Whirlpool District, Chippawa District, Commercial District and Industrial District. (2) The types of signs permitted in each district shall be as set out in Tables 1 and 2. (3) Where a type of sign is permitted, it shall be subject to the regulations relating to that type of sign. (4) In addition to the regulations described in subsection 5.1(3) a sign shall be subject to any special regulations that apply to that type of sign in the Sign District where the sign is located. 5.2. (1) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Neighbourhood Commercial designation pursuant to By-law No. 79-200 as amended are designated Neighbourhood Commercial Sign District for the purposes of this By-law. (2) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Commercial designation other than a Neighbourhood Commercial designation pursuant to By- law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Page 773 of 819 - 15 - (3) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and zoned any Industrial designation pursuant to By- law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Table 1 Sign Districts Column 1 Column 2 Sign Type Fallsview Clifton Hill Downtown Ground Signs Pylon Sign Yes Yes No General Ground Sign Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes No Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No Yes No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign No No Sandwich Board Signs - Yes All other Portable Signs - No Temporary Sign No No No Banner Yes Yes No Electronic Message Centre Yes Yes No Projected Image Signs Above Ground Yes Yes No On Ground Yes Yes No Readograph Yes Yes Yes Page 774 of 819 - 16 - Table 2 Sign Districts Column 1 Column 2 Sign Type Lundy=s Lane Whirlpool Chippawa Ground Signs Pylon Sign Yes Yes No General Ground Sign Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes Yes Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No No No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign Yes Yes No Temporary Sign No No Yes Banner Yes Yes Yes Readograph Sign Yes Yes No Projected Image Signs Above Ground Yes Yes No On Ground Yes Yes No EMC Yes Yes No Table 3 Sign Districts Column 1 Column 2 Sign Type Neighbourhood Commercial District Commercial/Industri al District Ground Signs Pylon Sign No Yes General Ground Sign Yes Yes Page 775 of 819 - 17 - Wall Signs Fascia Sign Yes Yes Murad Yes Yes Awning Sign Yes Yes Logo Sign No Yes Roof Sign No No Projecting Sign Yes Yes Canopy Sign Yes Yes Billboard see section 11.0 Portable Sign Yes Yes Temporary Sign No Yes Banner No Yes Readograph Sign No Yes Projected Image Signs Above Ground No Yes On Ground No Yes EMC No Yes 5.3. In the Downtown Sign District, the following regulations apply in addition to those set out in Tables 1 and 2: (a) A fascia sign shall be located within the horizontal band which divides the store front widows from the upper facade; (b) A sign in the Downtown Sign District shall not be internally illuminated. 5.4. Notwithstanding Table 1, the following signs are permitted outside of the Sign Districts: (a) institutional signs; (b) agricultural signs; (c) New development signs. III. THE REGULATIONS The regulations specific to each type of sign are as follows: 6. GROUND SIGNS A ground sign shall conform to the following regulations: 6.1. Ground Signs Page 776 of 819 - 18 - General ground signs and pylon signs must comply. 6.1.1. One (1) ground sign may be located along a street frontage for each 45 metres of street frontage. 6.1.2. No more than two (2) ground signs may be located on the street frontage of a property. 6.1.3. No ground sign shall be located closer than 30 metres to any other ground sign on the same property. 6.1.4. The maximum total sign area for all ground signs on a street frontage shall be as set out in Table 4. Table 4 Maximum Area Ground Signs Lot Frontage Sign Districts Chippawa All Other Sign Districts 23 metres or less - 4.6 sq. m 23 metres to 30 metres - 7.0 sq. m Over 30 metres but less than 46 metres - 9.3 sq. m Over 46 metres - General Ground Signs : 18.6 sq. m Pylon Sign: 23.0 sq. m All frontages 4.6 sq. m - 6.1.5. The maximum sign area for all ground signs on a property shall include the area of all permitted directional signs. 6.1.6. Every ground sign shall display the municipal address of the property upon which the sign is located in numerals that are a minimum height of 150 millimetres. 6.1.7. No part of a ground sign shall be located within 1.5 metres of a street line or public sidewalk. 6.1.8. The maximum height of a ground sign other than a pylon sign shall be 2.4 metres. 6.2. Pylon Signs A pylon sign shall conform to the following regulations: Page 777 of 819 - 19 - 6.2.1. A pylon sign shall be erected on a property with a minimum street frontage of 30 metres. 6.2.2. A pylon sign shall not be erected on a street frontage of a lot that is less than 30 metres. 6.2.3. There shall be no more than one (1) pylon sign erected on any frontage of any lot. 6.2.4. Notwithstanding Table 3, a pylon sign shall not be erected in the Main and Ferry District as shown on Schedule AA@ of this By-law. 6.2.5. The maximum height of a pylon sign shall be 9 metres. 6.2.6. A pylon sign shall have and maintain a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. 7. WALL SIGNS 7.1. Fascia Signs A fascia sign shall conform to the following regulations: 7.1.1. No fascia sign shall cover or project into any window, door, or other opening on a building face. 7.1.2. A fascia sign may project a maximum of 0.45 metres from a building face over the street line. 7.1.3. A fascia sign projecting .08 metres or more from a building face shall be a minimum of 2.70 metres above grade. 7.1.4. The upper limit of a fascia sign shall not project above the roofline or parapet of a building. 7.1.5. No fascia sign shall be attached to a mansard roof. 7.1.6. The maximum aggregate area of all fascia signs on any one (1) building face shall be 25% of the area of the building face to which it is attached. 7.1.7. Notwithstanding sub-section 7.1.6, the maximum area of all fascia signs on any one (1) building face within the Chippawa District shall be 9.3 square metres. 7.1.8. Where two (2) or more fascia signs are attached to a building, the signs shall maintain a uniform band of signage along the building face defined by locating all signage on the building face in a manner that maintains a consistent horizontal alignment and vertical height. Page 778 of 819 - 20 - 7.1.9. In the case of a building containing multiple occupancies or tenants, a maximum of one (1) fascia sign shall be permitted for each tenant or occupancy provided the maximum total sign area permitted for fascia signs is not exceeded. 7.1.10. One (1) fascia directory sign shall be permitted on any building and shall be included in the total maximum sign area for fascia signs. 7.2. Murad Signs A Murad sign shall conform to the following regulations: 7.2.1. The maximum area of a Murad sign shall be 25% of the area of the building face from which it is displayed. 7.2.2. Notwithstanding sub-section 7.2.1, the maximum area of a Murad sign displayed within the Chippawa District shall be 9.3 square metres. 7.3. Awning Signs An awning sign shall conform to the following regulations: 7.3.1. The maximum sign area of an awning sign shall be 25% of the awning to which it is applied. 7.3.2. The maximum length of an awning sign shall be 10 metres. 7.3.3. Awning signs shall not consist of three dimensional letters or graphics. 7.3.4. Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street or shoulder of a street to within 0.8 metres of a street curb or the shoulder of a road. 7.4. Logo Signs A logo sign shall conform to the following regulations: 7.4.1. Where a logo sign is displayed on a building that is four (4) or more stories in height the logo sign shall be displayed on the building face of the upper most storey of that building. 7.4.2. Where a logo sign is displayed on a building of three (3) or fewer stories, it may be displayed anywhere on the building. 7.4.3. The maximum sign area of a logo sign shall be 10% of the portion of the building face defined by the floor and ceiling of the storey of the building upon which the logo sign is displayed. 8. ROOF SIGNS Page 779 of 819 - 21 - A roof sign shall conform to the following regulations: 8.1. No more than one (1) roof sign shall be located on a building. 8.2. A roof sign shall be integrated with the architecture of the building on which it is erected and shall not appear as a separate structure. 8.3. A roof sign shall be located a minimum of 1.2 metres from the outer wall of the building on which it is displayed. In no case shall a roof sign overhang the outer wall of a building. 8.4. No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the building. 8.5. No part of a roof sign shall be closer than 1.0 metres to the roof deck. 8.6. The maximum sign area of a roof sign shall not exceed 20 square metres. 8.7. A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or prevent the free access of fire fighters to any part of the building. 8.8. A roof sign shall not obstruct the view from any window or skylight that is in a building located on an adjacent property. 8.9. An application for a roof sign shall include a visual impact study and an illumination study to illustrate and evaluate the impact of the roof sign with respect to the City=s skyline and appearance from Queen Victoria Park. 9. PROJECTING SIGNS A projecting sign shall conform to the following regulations: 9.1. A projecting sign shall not encroach onto a public property. 9.2. Notwithstanding section 9.1 a projecting sign may encroach onto a street one half of the distance between the street line and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road, where a shoulder exists, whichever is the lesser of the two distances. 9.3. The maximum area of a projecting sign shall be 7.0 square metres. 9.4. A projecting sign shall maintain a minimum clearance of 2.7 metres above grade. 10. CANOPY SIGNS A canopy sign shall conform to the following regulations: 10.1. The maximum height of a canopy sign shall be 0.6 metres. Page 780 of 819 - 22 - 10.2. Where a canopy sign is displayed above the canopy the vertical space between the lowest point of the sign and the top of the canopy or overhang shall not exceed 0.3 metre. 10.3. A canopy sign may project a maximum 0.3 metre from the canopy face. 10.4. A canopy sign shall maintain a minimum clearance of 2.7 metres above grade. 10.5. Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half the distance between the street line and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 11. BILLBOARDS A billboard shall conform to the following regulations: 11.1. A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City=s Official Plan. 11.2. Where a billboard is located on a premise, no other signs for which a permit is required shall be displayed on that premises and no sign permits shall be issued to permit any additional signs on that premises. 11.3. Notwithstanding the provisions of section 11.1, billboards are not permitted within the Downtown District and the Chippawa District. 11.4. The sign face of a billboard shall be a minimum 18.0 square metres and a maximum of 70 square metres in sign area. 11.5. The minimum distance between billboards shall be 300 metres. 11.6. The maximum height of a billboard shall be 7.5 metres. 11.7. A billboard shall have no more than two (2) sign faces. Each sign face shall comply with section 11.4. 11.8. Where a billboard has two (2) sign faces the sign faces shall be located, placed and displayed at an angle no greater than 120 degrees which angle shall be measured from the back of the sign faces of the billboard. 11.9. A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City=s Official Plan. 11.10. An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. Page 781 of 819 - 23 - 11.11. The maximum number of billboards in the City shall not exceed the official population of the City divided by 625. 11.12. The City in each calendar year may approve a maximum of 10 permits for billboards at new locations not currently containing billboards subject to the provisions of section 11.11 which shall supersede this section such that the total number of billboards within the City shall never exceed the number specified the calculation described in section 11.11. 12. BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS Banners, Portable Signs and Temporary Signs shall conform to the following regulations: 12.1. Banners 12.1.1. Not more than two (2) banners shall be placed on a single pole. 12.1.2. The maximum area of a banner shall be 2.5 square metres. 12.1.3. The minimum distance between any part of a banner and the grade shall be 2.7 metres. 12.1.4. A sign permit authorizing the erection, display or maintenance of a banner, that permit shall authorize that owner to erect, display or maintain any number of banners of the same design erected, displayed or maintained in the same manner. 12.2. Portable Signs and Temporary Signs 12.2.1. (1) A sign permit to erect, display, or maintain a portable or temporary sign shall have a maximum term of no more than 30 days. (2) No more than four (4) permits for a portable or temporary sign shall be issued to the same business per calendar year. (3) The total number of days of erection, display or maintenance authorized by the four (4) permits described in sub-section 12.2.1 shall not exceed 120 days per calendar year. 12.2.2. The maximum height of a portable or temporary sign is 1.8 metres. 12.2.3. A portable or temporary sign shall have no more than two (2) sign faces. 12.2.4. The maximum sign area of an individual sign face of a portable or temporary sign shall be 3.0 square metres. Page 782 of 819 - 24 - 12.2.5. Where a portable or temporary sign has two (2) sign faces, the sum of the sign area of the two (2) sign faces shall be no more than 6.0 square metres. 12.2.6. (1) Notwithstanding the number of occupancies in a premises, a maximum of one (1) portable or temporary sign per 15 metres of frontage shall be displayed along a street frontage of a property. (2) No portable sign shall be erected, displayed or maintained within 15 metres of another portable sign. 12.2.7. A portable or temporary sign shall be located as specified in the drawings submitted by the applicant to obtain the permit for that portable sign. 12.2.8. A portable or temporary sign shall be secured firmly to the ground to prevent any movement or tipping of the sign. 12.2.9. A portable or temporary sign shall not be animated in any manner and shall contain no mechanically or wind driven moving parts. 12.2.10. Streamers, flags, or flashing lights shall not be attached to a portable or temporary sign. 12.2.11. A portable or temporary sign shall contain no flashing lights or animation. 12.2.12. Without limiting in any way the effect of sub-section 3.6.1(e) a portable or temporary sign shall not be located in or obstruct a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law. 12.2.13. Without limiting in any way the effect of sub-section 3.6.1(a) portable or temporary sign shall not be located on any street or public property. 12.3. New Development Signs A new development sign shall conform to the following regulations: Table 5 New Development Sign Regulations Maximum height 7.0 metres Maximum sign area For a first party sign - 50 square metres For a third party sign – 30 square metres Minimum setback from a property line 5.0 metres Number of signs per street 1 Page 783 of 819 - 25 - Duration Sign shall be removed when the City assumes the plan of subdivision or within 60 days of the issuance of an occupancy permit or three years, whichever is the lesser. 13. READOGRAPH or ELECTRONIC MESSAGE CENTRE (EMC) A readograph or electronic message centre sign shall conform to the following regulations: 13.1. A readograph or electronic message centre sign may be incorporated into any ground, fascia, roof sign or billboard permitted by this By-law in the Sign Districts listed in Table 6 below and is subject to the accompanying restrictions: Table 6 Readograph or Electronic Message Centre Sign Area Sign District Maximum Area of Readograph or Electronic Message Centre Fallsview District A maximum of 100% of an existing or proposed sign Clifton Hill District A maximum of 100% of an existing or proposed sign Lundy=s Lane District A maximum of 50% of an existing or proposed sign Whirlpool District A maximum of 15% of an existing or proposed sign Commercial/Industrial Districts A maximum of 15% of an existing or proposed sign 13.2. The message or animation of a readograph or electronic message centre shall cycle at an interval of not less than six (6) seconds. 13.3. For the purposes of this By-law, the installation of a readograph or electronic message centre on an existing sign shall require a building permit to ensure compliance with the Ontario Building Code. 13.4. Distance Separation 13.4.1. Electronic message centre sign shall not be erected within 60 m. of any Residential zone, if such a sign will face directly toward the Residential zone; and, 13.4.2. Electronic message centre on a billboard or roof sign shall not be erected within 150 m of any Residential zone, if such a sign will face directly into a Residential zone. Page 784 of 819 - 26 - 13.5. Brightness 13.5.1. Electronic message centre signs shall have an intensity of luminance and illumination shall not exceed the lesser of: (a) 3 lux (0.3 foot candles) above the ambient light conditions, or 300 nits (300 cd/m2) during the hours between dusk and dawn; and (b) 5 lux (0.5 foot candles) above ambient light conditions or 5000 nits (5000 cd/m2) during the daytime hours. 13.6. Automatic Dimming 13.6.1. Electronic message centre signs must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the illumination regulations of this by- law. 13.7. Maintenance 13.7.1. Every sign owner shall ensure that each sign be maintained so that electronic message centre signs shall be turned off if not in 100% working order. 14. PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 14.1. Above Ground Projected Image Sign 14.1.1. An above ground-projected image sign shall be projected onto a building face by a projector located on the same property. 14.1.2. When calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed a wall sign. 14.1.3. The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.1.4. An application for an above ground-projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 14.1.5. The projector used to project the aboveground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premise or street. 14.2. On-Ground Projected Image Signs Page 785 of 819 - 27 - 14.2.1. An on-ground projected image sign shall be projected onto a horizontal ground plane surface by a projector located on the same premises. 14.2.2. The image projected by an on-ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.2.3. An application for an on-ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property onto which the sign will be projected. 14.2.4. The projector used to project an on-ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 15. TOURIST HOMES SIGNS Tourist Home signs shall conform to the following regulations: 15.1. A Tourist Home may have a maximum of one (1) sign. 15.2. A Tourist Home sign may be a ground sign or a projecting sign. 15.3. A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such yards to be determined in accordance with the provisions of any Zoning By-law of the City of Niagara Falls that applies to the subject Tourist Home. 15.4. No part of a ground sign on a Tourist Home premises shall be located within 3.0 metres of a street line. 15.5. No part of a ground sign on a Tourist Home premises shall be located within 1.8 metres of a side property line. 15.6. A projecting sign for a Tourist Home shall be attached to the front wall of the premises. 15.7. The maximum area of a ground sign shall be 3.0 square metres. 15.8. The maximum area of a projecting sign shall be 1.5 square metres. 15.9. The maximum height of a ground sign shall be 3.0 metres. 16. POSTERS Posters shall conform to the following regulations: 16.1. No person shall erect, place or display a poster on public property other than a community bulletin board. Page 786 of 819 - 28 - 16.2. The community bulletin boards shall be located as set out in Schedule AB@ to this By-law. 16.3. The maximum area of a poster shall be 0.28 squares metres. 16.4. A maximum of one (1) poster concerning a particular topic may be placed on a community bulletin board at any one time. 16.5. A poster may not be located that obstructs or covers any other poster. 16.6. Posters shall be erected, placed or fastened on the community bulletin board only by means of thumbtacks, pins, or tape. 16.7. City Staff may remove any poster that does not comply with these regulations. 16.8. City Staff shall remove all posters from community bulletin boards on the last day of each month. 17. SANDWICH BOARD SIGNS The regulations governing the sandwich board signs permitted in the Downtown Sign District shall be as follows: 17.1. Notwithstanding any other provision of this By-law, the owner of a premises located in the Downtown Sign District shall be entitled to a permit for one (1) sandwich board sign. 17.2. A sandwich board sign shall consist of two (2) boards, supported by the ground and joined at the top edge to form a rectangular prism. 17.3. A sandwich board sign shall have no more than two (2) sign faces. 17.4. The maximum sign area of a sandwich board sign shall be 1.25 square metres. 17.5. The maximum width of a sandwich board sign shall be 0.75 metres. 17.6. The maximum height of a sandwich board sign shall be 1.5 metres. 17.7. The maximum number of sandwich board signs permitted for each premises shall be one (1). 17.8. A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 17.9. A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. Page 787 of 819 - 29 - 17.10. A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. 17.11. All other provisions and regulations of this By-law shall apply to sandwich board signs located in the Downtown Sign District, with all necessary changes in detail. 18. INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 7 Institutional Sign Regulations Type of signs permitted ground sign, fascia sign, projecting sign Maximum number of signs permitted 3 Maximum readograph/electronic message centre sign area 15% of the sign area Maximum sign area Lot frontage Max. sign area 0 to 15m 2.3 sq. m 16m to 23m 4.6 sq. m 24m to 31m 7.0 sq. m >31m 9.3 sq. m Maximum height of a ground sign Lot frontage Max. height 0 to 15m 2.4m 16m to 23m 3.6m 24m to 31m 6.0m >31m 7.5m Minimum setbacks for a ground sign 1.5 metres from any property line unless the ground sign has less than 1.2 metres of ground clearance then it shall have a minimum setback of 3.0 metres from a street line. 19. AGRICULTURAL SIGNS The regulations governing the agricultural signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 8 Agricultural Sign Regulations Types of signs permitted ground signs Maximum height 2.0 metres Maximum sign area 3.0 square metres Minimum setbacks 1.5 metres from any property line unless the ground sign has less than 1.2 metres of ground clearance then it shall have a minimum setback of 3.0 metres from a street line Page 788 of 819 - 30 - IV. VARIANCES AND AMENDMENTS 20. VARIANCES 20.1. Council hereby delegates the authority to grant minor variances to this By-law to the Director of Planning, Building and Development. 20.2. An application for variance from the provisions of this By-law shall be made to the Director of Planning, Building and Development on the appropriate form and shall be accompanied by the fee prescribed by the City. 20.3. The Planning, Building and Development Department shall prepare a report for the consideration of the Director of Planning, Building and Development, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning, Building and Development. 20.4. The Director of Planning, Building and Development shall give notice of his intention to consider the application not less than ten (10) days before the day the decision is to be made with respect to that application. 20.5. Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 20.6. The notice shall identify the subject premises, state the date scheduled for the decision, provide a brief description of the proposed variance and particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 20.7. The applicant shall post a sign, provided by the Director of Planning, Building and Development, on all street frontages the premises identifying the subject premises, stating the date scheduled for the decision, a brief description of the proposed variance, and the particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 20.8. If the applicant does not correspond with the Director of Planning, Building and Development, the Director of Planning, Building and Development may proceed in the absence of the applicant and the applicant will not be entitled to further notice. 20.9. In the event that the applicant desires to submit additional information for the consideration of the Director of Planning, Building and Development, the applicant may request a deferral of the decision by submitting a written request by 4:30 P.M. of the day before the date the decision is to be made. 20.10. In considering, an application for the variance, the Director of Planning, Building and Development shall have regard to: Page 789 of 819 - 31 - (a) Special circumstances or conditions applying to the lot, building, or use referred to in the application; (b) Whether strict application of the provisions of this By-law in the context of the special circumstances applying to the lot, building, or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant of a type and nature inconsistent with the general intent and purpose of this By-law and the Official Plan; (c) Whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; (d) Whether the sign that is subject of the variance will alter the essential character of the area in which it is located; and (e) Any comments received. 20.11. The Director of Planning, Building and Development may authorize a variance from the provisions of this By-law, with or without conditions, if, in the opinion of the Director of Planning, Building and Development: (a) The variance is desirable; (b) The variance is minor in nature; (c) That the general intent and purpose of this by-law is maintained: and, (d) That the general intent and purpose of the Official Plan is maintained. 20.12. In the event that the Director of Planning, Building and Development has refused to grant the minor variance, the applicant may appeal the refusal to Council and the following rules shall apply: (a) The applicant shall deliver written notice of his intention to appeal to City Council in the prescribed form together with the prescribed fee within ten days of the date of the decision. (b) The Director of Planning, Building and Development shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; (c) The Director of Planning, Building and Development shall submit a report to Council stating the rationale for the decision. (d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e) Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the Director of Planning, Building and Development is final. 21. AMENDMENTS Page 790 of 819 - 32 - 21.1. Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c) or (d) of section 20.11; or where a billboard is proposed to be 100% electronic message centre, other than as permitted in this By-law as determined by the Director of Planning, Building and Development or where a proposed sign is not permitted by this By-law, the applicant shall make application for an amendment to this By-law by: (a) Filing an application on the form provided with the Planning, Building and Development Department; (b) Submitting the prescribed fees; and (c) Submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning, Building and Development to assess the application. 21.2. The Director of Planning, Building and Development shall submit a report for the consideration of Council that provides an assessment of the application, the reasons and appropriateness of the proposed amendment and a recommendation to Council. 21.3. At least one (1) public meeting shall be held. 21.4. Notice of a public meeting shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 20 days before the day of the public meeting. In the case of a proposed general amendment to this by-law, notice shall be given by publishing a notice in a newspaper, that, in the opinion of the City Clerk or the Director of Planning, Building and Development, is of sufficient general circulation in the area to which the proposed general amendment would apply, that it would give the public reasonable notice of the public meeting. 21.5. The applicant shall post a sign, provided by the Planning, Building and Development Department, on all street frontages of the premises stating the date, time and location of the public meeting and a brief description of the requested amendment. 21.6. If the applicant does not attend the public meeting, Council may proceed in the absence of the applicant and the applicant will not be entitled to further notice in the proceeding. 21.7. In considering an application for an amendment, Council shall have regard for, with all necessary modification, clauses (a), (b), (c), and (d) of section 20.11 of this By-law. 21.8. Council may impose such conditions, including, but not limited to, the use of electronic message centre signs for public service messaging, upon the granting of an amendment, as it deems appropriate in the public interest. Page 791 of 819 - 33 - 21.9. Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. 21.10. Site Specific Provisions 21.10.1. Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4 hereof to the contrary, one pylon sign shall be permitted on the lands at the southeast corner of Murray Street and Stanley Avenue, being PIN 64377-0171 (LT), that are associated with the hotel located at 6361 Fallsview Boulevard, being PIN 64377-0105 (LT), having a maximum sign area of 63 square metres.@ 21.10.2. Notwithstanding any provisions contained in section 7.1 hereof to the contrary, one fascia sign composed entirely of an electronic video screen having a maximum sign area of 5.02 square metres, shall be permitted on the south elevation of the building located on the lands on the east side of Portage Road, south of Keith Street and being PIN 64278-0062(LT), that are associated with the dentist office located at 3690 Portage Road. The sign shall not be used as a third party sign. 21.10.3. Notwithstanding the provisions contained in section 5.0 Table 3 hereof to the contrary, one pylon sign shall be permitted on the lands at the northeast corner of Thorold Stone Road and Kalar Road, being PIN 64296-0194, that is the location of a gas station known as 8267 Thorold Stone Road, and shall: i. be located not less than 42 metres from the north property line and not less than 82 metres from the east property line; ii. have a maximum height of 8 m; iii. have a maximum sign area of 13 sq. m.; and iv. have the lights dimmed between the hours of 11 pm and 7 am.” 21.10.4. Notwithstanding the provisions contained in section 13.0 Table 6 hereof to the contrary, a billboard sign that is 100% electronic message centre shall be permitted on the lands at the southwest corner of Thorold Stone Road and Garner Road, being PIN 64266-0145, that is known as 8972 Thorold Stone Road, and shall: i. be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road; and, Page 792 of 819 - 34 - ii. remove the second existing static billboard sign located nearest the west property line before a permit is issued for the installation of an electronic message centre sign. V. PENALTIES AND ENFORCEMENT 22. PENALTIES AND ENFORCEMENT 22.1. No person shall: (a) Erect, locate or display a sign without a permit if a permit is required under this By-law for that sign; (b) Erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the permit application; (c) Erect, locate or display a sign in a manner that is not in accordance with the regulations of this By-law or the conditions of any variance granted under this By-law; (d) Erect, locate or display a sign of a type that is not specifically permitted under this By-law; (e) Erect, locate or display a sign that is on or overhangs public property; (f) Fail to comply with an order issued pursuant to section 22.6 of this By-law. 22.2. Every person who contravenes any provision of this By-law or an order issued pursuant to section 22.6 of this By-law is guilty of an offence and upon conviction, subject to the penalties and sanctions provided by provincial law for such an offence. 22.3. Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdictions thereafter may, in addition to any other remedy or penalty provided for by law, make an order prohibiting the continuation or repetition of the offence by the person convicted. 22.4. Where a sign is erected or displayed on, over, partly on, or partly over property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice. 22.5. Where a sign is erected or displayed in contravention of this By-law, the Chief Building Official or his designate may immediately pull down or remove any sign that he determines constitutes a safety hazard or concern. 22.6. Where a sign erected on private property does not comply with this By-law or a permit issued under this By-law, the Chief Building Official or his designate, may by order, require the owner to bring the sign into conformity in the manner and within the time specified in the order. 22.7. Any order required under this By-law may be given by: Page 793 of 819 - 35 - (a) Personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.8. If the owner does not comply with an order given under this By-law within the time specified in the order, the Chief Building Official or his designate may order the owner to remove the sign and restore the property and building in the manner and within the time specific in the order. 22.9. Any order required under this By-law may be given by: (a) Personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.10. Where the order is served in accordance with the provisions of this By-law, it is deemed to have been received by the party being served upon the mailing or posting of the order. 22.11. Where a sign is not removed or a property and building are not restored as required by an order issued under this By-law, the Chief Building Official or his designate may have the sign removed and the property and building restored. For this purpose, the Chief Building Official, his designate, or a contractor or other agent may enter upon the property and premises at any reasonable time. 22.12. The costs of removing the sign and restoring the property or building may be recovered by adding those costs to the tax roll to be collected in the same manner as taxes. 22.13. Any sign removed by the City shall be stored by the City for 30 days, during which time the owner may redeem the sign upon payment of the applicable fee prescribed by the City. 22.14. Where a sign has been removed by the City and stored for a period of 30 days and has not been redeemed by the owner, the City may destroy or otherwise dispose of the sign after 30 days without notice or compensation to the owner. 23. CONFLICT 23.1. Where a provision of this By-law conflicts with any other By-law, the By-law containing the higher standard shall prevail. Page 794 of 819 - 36 - 24. VALIDITY 24.1. If a Court of competent jurisdiction declares any section or part of a section of this By-law invalid, it is the intention of Council that the remainder of the By-law shall continue to be in force. 25. REPEAL 25.1. By-laws 2008-224, 2009-101, 2010-113, 2010-149, 2011-001, 2013-128, 2016-043 and 2020-065 are hereby repealed effective the date of the passing of this By-law. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021 ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2021\By-laws\By-law to amend Sign By-law 2008 224.docx Page 795 of 819 SCHEDULE "B" Community bulletin board locations: 1. MacBain Community Centre - 7150 Montrose Road, Niagara Falls 2. Gale Centre – 5152 Thorold Stone Road, Niagara Falls 3. Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls 4. Oakes Park - 5700 Morrison Street, Niagara Falls 5. M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls 6. E.E. 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I.Capitalprojectsfortherehabilitation,optimization andmodernizationofpublictransitinfrastructure,or P”'°““”‘"°“Purchase*°‘§‘§1Ll‘y“%?°.l§riili?a‘§§%fii?;§?S§?§'ti‘lc?uli‘?£‘;’ 2018/12/31 N $30,510.00 $27,475.20 $13,737.80 $0.00 $0.00 $13,737.80 $0.00 N Y N Y N/A Niagara Niagara 8208 scheduling ...pmvldeNoh?camnsand rehabilitationorenhancementofexistingguide New 2017/08/09NlF-004 Falls,City Falls,City Heartland softwarefor . of of ForestRd,NF Para-Transit vgiiea?iéigigggké?iigrways,maintenanceandstoragefacilities,orother existingpublictransitcapitalassets;refurbishmentservice orreplacementofexistingrollingstock;and replacementorenhancementoftransitstations); lnstallationof ‘““‘'"9““Installationoflntelli.gentTranspmatlonTransportationManagement1.Capitalprojectsfortherehabilitation.optimizationMS:,r§g;I:::IISystems,including andmodernizationofpublictransitinfrastructure,or enhancetracking computeraideddispatch thatimprovetheefficiency,accessibilityandlor Niagara Niagara 8208 andcustomer (CAD),automatedvehicle safetyofpublictransitinfrastructure(including NlF-005 Falls,City Falls,City Heartland Serviceinterface location(AVL),automated rehabilitationorenhancementofexistingguide New 2017/10/10 2018/12/31 N $849,780.00 $765,235.20 $382,617.60 $0.00 $0.00 $382,617.60 $0.00 N Y N Y N/AofofForestRd,NF and vehiclemonitoring(AVM),ways,maintenanceandstoragefacilities,orother communications automatedpassengerexistingpublictransitcapitalassets;refurbishment topassengers counter(APC),andvariable orreplacementofexistingrollingstock;and fortheNiagara messagesignsforthe replacementorenhancementoftransitstations); FansTransit NiagaraFallsTransit Fleet Eg?gggic l.Capitalprojectsfortherehabilitation,optimization U Fadefor7 andmodernizationofpublictransitinfrastructure,or99UpgradeElectronicFareboxthatimprovetheefficiency,accessibilityand/or safetyofpublictransitinfrastructure(including $0.00 $0.00 $71,232.00 $0.00 N Y N Y N/A 8208 (“V9”)C““"'A‘for7(seven)Chair-A-Van 2017/10/10 2015/12/31 N $155,200.00 $142,454.00 $71,232.00 Niagara Niagara NlF-006Falls,City Falls,City Heartland Azfezgfb?lgefortomeetAccessibilityfor rehabilitationorenhancementofexistingguide Rehabilitation OntarianswithDisabilitiesways,maintenanceandstoragefacilities,orotherofofForestRd,NF ..gggbr?ggsvxtgAct(AODA)requirements existingpublictransitcapitalassets;refurbishment (AODA)orreplacementofexistingrollingstock;and requirements replacementorenhancementoftransitstations); Niagara Falls and Ontario PTlF TPA -Amending Agreement No.2 Page 803 of 819 Seven(7)vehiclesChair-A- I.Capitalprojectsfortherehabilitation,optimization andmodernizationofpublictransitinfrastructure,or RadioUpgrade ._thatimprovetheef?ciency,accessibilityand/or Niagara Niagara 8208 and \:;:;‘:°:n:‘:E§::?;:$‘ot?safetyofpublictransitinfrastructure(including N|F-007 Falls,City Falls,City Heartland Replacementfor communications&toallow rehabilitationorenhancementofexistingguide Rehabilitation2017/01/02 2017/01/10 $15,255.00 $13,737.60 $6,868.80 $0.00 $0.00 $6,868.80 $0.00 N/A of of ForestRd,NF seven(7)vans We mmwithmnvemionalways,maintenanceandstoragefacilities,orother forChair-A-Van 9 System existingpublictransitcapitalassets;refurbishment ‘orreplacementofexistingrollingstock:andreplacementorenhancementoftransitstations); I.Capitalprojectsfortherehabilitation,optimization Upgradeto18fareboxesfor andmodernizationofpublictransitinfrastructure,or _‘Upgradeto15 NiagaraFallsTransit thatimprovetheef?ciency,accessibilityand/orNiagaraNiagara8208Fareboxesfor(ConventionalFleet)to safetyofpublictransitinfrastructure(including N|F-008 Falls,City Falls,City Heartland Niaam Fans enhancecustomerservice rehabilitationorenhancementofexistingguide Rehabilitation2017/10/10 2018/12/31 $440,370.97 $396,567.70 $198,283.85 $0.00 $0.00 $198,283.85 $0.00 N/A of of ForestRd,NF gransit withtheadditionofQR ways,maintenanceandstoragefacilities,orother readerstoallowformobilityexistingpublictransitcapitalassets;refurbishment ticketing orreplacementofexistingrollingstock;and replacementorenhancementoftransitstations); I.Capitalprojectsfortherehabilitation,optimization andmodernizationofpublictransitinfrastructure,or UpgradeRadio thatimprovetheefficiency,accessibilityand/or Niagara Niagara 8208 Systemand UpgradeRadioServerand safetyofpublictransitinfrastructure(including N|F—009 Falls,City Falls,City Heartland ControlStation ControlStationatWEGO rehabilitationorenhancementofexistingguide Rehabilitation2017/01/02 2017/01/10 $14,690.00 $13,228.80 $6,614.40 $0.00 $0.00 $6,614.40 $0.00 N/A of of ForestRd,NFRequirementsat building ways,maintenanceandstoragefacilities,orother WEGObuilding existingpublictransitcapitalassets;refurbishment orreplacementofexistingrollingstock;and replacementorenhancementoftransitstations); BusWay&l.Capitalprojectsfortherehabilitation,optimization Shelter Lundy'sLane,andmodernizationofpublictransitinfrastructure,or 650061.947,RehabilitationMorrison/DorchesterTransit thatimprovetheeiiiciency,accessibilityand/or Niagara Niagara 4772028609 andPlatform HubImprovements,safetyofpublictransitinfrastructure(including NtF-010 Falls,City Falls,City and7190 upgradesat includingrehabilitationto rehabilitationorenhancementofexistingguide Rehabilitation2017/10/02 2016/12/31 $508,500.00 $457,920.00 $228,960.00 $0.00 $0.00 $228,960.00 $0.00 N/A of of Morrison LundysLane busways,shelters,ways,maintenanceandstoragefacilities,orother Street and platforms,andoperator existingpublictransitcapitalassets:refurbishment Morrison/Dorche lunchroomupgrades orreplacementofexistingrollingstock;and sterTransitHubs replacementorenhancementoftransitstations); I.Capitalprojectsfortherehabilitation,optimization Replacementof andmodernizationofpublictransitinfrastructure,or 6(six)Cummins Remove8.replace8(six)thatimprovetheef?ciency,accessibilityand/or Niagara Niagara 8208 ISLdiesel Cumminsdieselengines safetyofpublictransitinfrastructure(including NlF-011 Falls.City Falls,City Heartland enginesthat frombusespurchasedin rehabilitationorenhancementofexistingguide Rehabilitation2017/09/18 2018/01/18 $271,200.00 $244,224.00 $122,112.00 $0.00 $0.00 $122,112.00 $0.00 N/A of of ForestRd,NFhavesurpassed 2009thathavetravelled ways,maintenanceandstoragefacilities,orother lifeexpectancy over500,000km existingpublictransitcapitalassets;refurbishment (500,000km)orreplacementofexistingrollingstock;and replacementorenhancementoftransitstations); I.Capitalprojectsfortherehabilitation,optimization andmodernizationofpublictransitinfrastructure,or installationof Installationof46(forty-six)thatimprovetheef?ciency,accessibilityand/or Niagara Niagara 8208 Emco-WheatonEmco-Wheatonposi-lock safetyofpublictransitinfrastructure(including NlF-012 Falls,City Falls,City Heartland posi-lockfuellingfuelnozzlesondispensers rehabilitationorenhancementofexistingguide Rehabilitation2017/08/24 2018/12/31 $31,640.00 $28,492.80 $14,246.40 $0.00 $0.00 $14,246.40 $0.00 N/A of of ForestRd,NF systemon46 andinstallationofadaptors ways,maintenanceandstoragefacilities,orother (forty-six)buses.onbuses.existingpublictransitcapitalassets;refurbishment orreplacementofexistingrollingstock;and replacementorenhancementoftransitstations); PurchaseofFleet Management Niagara Niagara 8208 softwareto U:i§J?r:r(:iere?treiesIfur:p1:$tg2;3s:fs1:trRStudies] NlF-014 Falls,City Falls,City Heartland 5”"a"s"s’;,‘“9managementcapacityand "‘E”92g::§;‘§f:“g5§$c‘2::;f:;§;::f9°‘“e”‘P"/‘\"s';‘;‘t9’2017/07/10 2018/12/31 $67,800.00 $61,056.00 $30,528.00 $0.00 $0.00 $30,523.00 $0.00 N/A °‘°*“F §2l‘§§:i?.‘;iZ‘.’;?3L2‘§’;Z2E.°capacityofthe ' NiagaraFalls Transitsystem. Niagara Falls and Ontario PTIF TPA -Amending Agreement No.2 Page 804 of 819 1.Capitalprojectsfortherehabilitation,optimization Replace andmodernizationofpublictransitinfrastructure,or refrigerant Replacementofcurrent thatimprovetheefficiency,accessibilityand/or Niagara Niagara 8208 recover,recyclerefrigerantrecover,recycle safetyuofpublictransitinfrastructure(including NlF-015Falls,City Falls,City Heartland andrecharge andrechargemachinein rehabilitationorenhancementofexistingguide Rehabilitation2017/08/22 2017/09/11 $7,910.00 $7,123.20 $3,561.60 $0.00 $0.00 $3,561.60 $0.00 NIA of of ForestRd,NF machinein maintenancetacilitythathasways,maintenanceandstoragefacilities,orother maintenance metitslifeexpectancy.existingpublictransitcapitalassets;refurbishment facility orreplacementofexistingrollingstock;and replacementorenhancementoftransitstations); PurchaseofZF Niagara Niagara 8208 P19:rf:::;'5(;if0ZnFTransmissionDiagnostic .Stucliesl NIF-016Falls,City Falls,City Heartland Diagnostic "rEx”';gg§§‘§f:”g?§§c‘2::;f:‘;‘;:r’;f9‘““e”‘P‘:'s"s:",9’2017/00/17 2017/09/20 $0,700.00 $6,105.60 $3,052.00 $0.00 $0.00 $3,052.00 $0.00 N/A of of ForestRdNF Softwaretor ...y '’buses transmissionsforoperating Managementcoslsavings ...l.Ca ital rojectsfortherehabilitation,otimization OrionVll Egrgueé??nusmg??ggdandnaodegnizationofpublictransitinfrasgucture,or ‘ Powertrainand rebmmozbuggsComplete thatimprovetheefficiency,accessibilityand/or NiagaraNiagara 6208 body refurbishmentbfbodysafety/ofpublictransitinfrastructure(including “.NIF-019Falls,City Falls,City Heartland refurbishmentsincludingime?omforionv"rehabilitationorenhancementofexistingguide Rehabilitation2017/06/08 2018/1.7131 $508,500.00 $457,920.00 $228,960.00 $0.00 $0.00 $228,960.00 $0.00 N/A of of ForestRd,NF toextendlite busesmwendme ways,maintenanceandstoragefacilities,orother expectancyot expectancyandpurchaseof existingpublictransltcapitalassets;refurbishment two(2)buses sixmwheelchairbamers.orreplacernentofexistingrollingstock;and.replacementorenhancementoftransitstations), $7,447,265.00 $6,706,492.80 $3,353,246.40 $0.00 $0.00 $3,353,246.40 $0.00 Niagara Falls and Ontario PTIFTPA -Amending Agreement No.2 Page 805 of 819 APPENDIX C TO THE PUBLIC TRANSIT INFRASTRUCTURE FUND (PTIF)PHASE ONE (ONTARIO)TRANSFER PAYMENT AGREEMENT SUB-SCHEDULE “C.2” EXTENDED PROGRAM FUNDING REQUEST Risk:f'_Pral:cllnIormnlian Flnanclnlln/ormallun J V 5 I yirujenlcbjdctlvus lncremcnmllly Autumn“ Increased u !q um I:P let A§II:I::I3Im F°"°”"“5"/"FI"°""‘°“5”“I ‘F c runan 3‘“°éI‘§’”'cPmlvII‘¢IIIICMHIIIIIIIIIcIIIIIIIIEIIIm"?'myisI\«1 Improved Evldenceof'.‘E“?‘°°‘‘‘ll ‘D l‘E|‘lblI tmtxcla rm nu :__n Tl:lP’c1cl‘‘l'lnlEl'lhlCl ’?9"'"‘‘‘'”,“°'‘°"..‘‘‘’'‘’°"!.“"°'‘.'.“‘’"°’‘."°'‘L‘fo "‘"'°'E‘l I r 'kFPm"Rmpxm Lnmm Agg:‘d‘In::E;)°Progac?no Prom!nscrplwn I9 anva:an a gory nun:alum FNWRAWDD?mwl?glno}a roles as ,0 19 a on (Ehg|bhExp.ndmm‘)Exggz?mtu)Exgiiiglml.)Exggzgllztu)Ex‘£Elr:g::::“)sz?hpgn$mmmN)u;::x‘le&m)nm§,aNn)laItyRISactor: I ‘(YIN) Purchaseofnew soflwareand .. 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Amx?msqma_U_.o©_.m3_uc:o_Emmmacmm?mv. 2:5»;1m=mms...0:3103:"._._u>->3m:&:m>m_.mmBm:_“zo.N Page 817 of 819 ._.m.o_u_z>_.mmoozo__._>.:oz>20>Ecm:smz..m 2:I:m_mmoo:o_=m:o:mza>&:m..3m3m.no.1mmo:mc_m-_o§.mond.o__o<<Em Qm:<m22Emoo3u_m.HmQUmo_mB:o:9"mc_o-u8_.mQOo3U_m.?_o:_oo2.:3_:@ mo:_m<m3m:.n2m%-_2o_.m2Oo3n_m¢o:.Em_uEm__u8m«mmmmmvo:mag_mm? Oc.8o3mm_u8m_.mmmmmuon.Em_um&mm<<=__.o_2_<om:.<or:m..Em_amoo:o_=m:o_._ 3m__«mgcmm?..o_.um<3m2mmagvm<3m2mEammvmo?9.Emmc_m-v_.o_.mo..mag Bmxmm:<m&.cm.n3m2m«magmaEEmo:o:3m.B:omm. ,_.....o:o_.ow>nx .3;IoE_omox.mo?mmo:mc_m-§o_.mo.pEm_u8<Eom3m<_om<8Em_»mo_n_m2cc8 max.2_aoo:E_m::o::32Em>9mm3m39810m:m_m&cmE,_m:.aE mooo?amsom<sE>&o_mtwoAlum.mmmosoamzozmag>&.cm::m:.Hmv. ._.m.o_u_z>_._u><_<=.u.Z._. ,5;_u.:m__um<3m:...magma8vmE@_.m_o:>3Aovmsach8Em_<_mx_3:3_nc:Qm_ Em_u3<Eommcwmmm8vm<8EmmmoimiEm«m3mEqm_.9.:moo:E_uE_o: Sam:Em>9mm3m3_Eo_:aE©EmIo_nEmox_922m__2Emoosqaosm:32 mmogos>.A.EE2250:3Oo:Ecc¢o3:m<mcmm:32. z_mmm_.m_um=mman0:310_u._.=...._._u>->3m:&:m>m_.mm3m.:zo.N Page 818 of 819 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of February, 2021. 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 9th day of February 2021 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 9th day of February, 2021. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 819 of 819