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03-23-2021 City of Niagara Falls Agenda City Council Meeting Tuesday, March 23, 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 withYourTV Niagara. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera (Updated) March 23 2021 - Resolution to go In-Camera 12 - 13 2. CALL TO ORDER O Canada: Performed by: Vocal Music Class at A.N. Myer Secondary School (Recorded) 3. ADOPTION OF MINUTES 3.1. Council Minutes of March 2, 2021 Minutes - City Council - 02 Mar 2021 14 - 29 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 Page 1 of 392 6. REPORTS 6.1. F-2021-22 Statement of Remuneration and Expenses for Members of Council and Commissions F-2021-22 Statement of Remuneration & Expenses for Members of Council & Commissions 30 - 34 6.2. FS-2021-01 Next Generation 9-1-1 and Consolidated Dispatch FS-2021-01 NG911 and Consolidated Dispatch FS-2021-01 Attachment 35 - 40 6.3. FS-2021-02 Government of Ontario Fire Safety Grant Program FS-2021-02 Fire Safety Grant Application 41 - 43 6.4. MW-2021-19 Children's Memorial Walkway MW-2021-19 Children's Memorial Walkway MW-2021-19 Attachment 1 Proposed Site Location Map MW-2021-19 Attachment 2 Children's Memorial Walkway Concept Sketch Feb 2021 44 - 48 6.5. PBD-2021-11 (Comments & presentation added) SBA-2021-001 - Sign By-law Amendment Owner: Walker Industries Holdings Ltd. Agent: Vann Media (Larry Vann) North side of Thorold Stone Road, West of Garner Road PBD-2021-11, SBA-2021-001, North side Thorold Stone Road West of Garner Rd PBD-2021-11, Appendix 1 - Location Map Presentation - SBA-2021-001, North Side Thorold Stone Rd West of 49 - 63 Page 2 of 392 Garner SBA - 2021-001 - Comments from resident opposing amendment (REDACTED) SBA-2021-001 - Comments from resident in opposition (Redacted) 6.6. PBD-2021-12 (Letter added) AM-2020-007, Zoning By-law Amendment Application Applicant: City of Niagara Falls Proposed Zoning Amendment to Implement the Transit Station Area Secondary Plan PBD-2021-12, AM-2020-007, City of Niagara Falls, Transit Station Secondary Plan Council letter march 23 from Joedy Burdett 64 - 97 7. 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-2021-21 Monthly Tax Receivables Report – February F-2021-21- Tax Receivables Monthly Report (February) F-2021-21- Attachment 98 - 101 L-2021-05 Encroachment Agreement with the City 5528 Ferry Street and encroachments into the Allendale Avenue road allowance (La Pue International Inc.) Our File No. 2020-51 L-2021-05 - Encroachment Agreement for La Pue (5528 Ferry St.) (with 102 - 109 Page 3 of 392 attachments) MW-2021-17 Victoria Avenue at Walnut Street Removal of Turn Prohibitions MW-2021-17 Victoria Avenue @ Walnut Street - Removal of Turn Prohibitions Report MW-2021-17 Victoria Avenue @ Walnut Street - Removal of Turn Prohibitions - Attachment 1 110 - 112 MW-2021-18 Regulatory Sign Installations in New Subdivisions MW-2021-18 Regulatory Sign Installations in New Subdivisions - Forestview Estates 113 - 114 MW-2021-20 Drinking Water System Summary Report and Overview MW-2021-20- Drinking Water System Summary Report and Overview MW-2021-20 - Attachment 1 - City of Niagara Falls Water Distribution System Summary Report 2020 MW-2021-20 - Attachment 2 - 2020 Annual Report MW-2021-20 - Attachment 3 - Section 19- Standard of Care Safe Drinking Water Act 2002 115 - 137 R&C-2021-04 Gale Centre Streaming Service R&C-2021-04- Gale Centre Streaming Service 138 - 139 8. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 8.1. Resolution - City of St. Catharines - Living Wage Certification Application The attached is correspondence from St. Catharines City Council regarding a motion passed by Council respecting the City's Living Wage 140 - 156 Page 4 of 392 certification application. RECOMMENDATION: That the matter be referred to Staff. Notification - Living Wage Certification Application 8.2. Resolution - City of Sarnia - Provincial Colour Coded Capacity Limits The attached resolution from the City of Sarnia is regarding the Provincial Colour Coded Capacity Limits. RECOMMENDATION: That Council support the motion of the City of Sarnia regarding the Provincial Colour Coded Capacity Limits. Resolution of Sarnia City Council - Colour Coded Capacity Limits - Premier of Ontario 157 - 158 8.3. Resolution - Town of Niagara-on-the-Lake - Support for Wine Sector The attached resolution was approved by the Council of the Corporation of the Town of Niagara-on-the-Lake regarding support for the wine sector. RECOMMENDATION: That Council support the resolution from the Town of Niagara-on-the-Lake. Letter to Niagara Region - Support for Wine Sector.docx 159 - 160 8.4. Niagara Regional Council Motion - Schedule 6, Bill 197, COVID-19 Economic Recovery Act, 2020 RECOMMENDATION: For the Information of Council (NOTE: Council has already supported the same resolution from the City of St. Catharines on November 17, 2020). CLK-C 2021-043 Bill 197 Ontario Municipalities 161 - 162 8.5. Long Term Care Crisis in Ontario Attached is a letter to the Mayor from C.A.R.P. (Canadian Association of Retired Persons) expressing concerns about the long term care crisis in Ontario. RECOMMENDATION: For the Information of Council. 163 - 164 Page 5 of 392 LTC email - to Mayor Diodati - N Falls -Feb (2021) 8.6. Niagara Region - Various Correspondence The following items have been sent from the Niagara Region for information. 1) Natural Environment Work Program - 2nd Point of Engagement 2) Niagara Official Plan Process and Local Municipality Conformity 3) Optional Small Business Tax Subclass Overview 4) Niagara Region Motion Respecting Homelessness, Mental Health and Addiction in Niagara 5) Support for the Wine Sector RECOMMENDATION: For the Information of Council. PDS 1-2021 Report Only - Natural Environment Work Program CLK-C 2021-031 PDS 1-2021 - Natural Environment Work Program PDS 7-2021 - Niagara Official Plan Process.... CLK-C 2021-032 PDS 7-2021 - Niagara Official Plan Process... CLK-C 2021-036 CSD 12-2021 - Optional Small Business Tax Subclass Overview CLK-C 2021-044 PHSSC Minute 5.1 - Niagara Region Motion Respecting Homelessness, Mental Health... CLK-C 2021-030 PDS-C 10-2021- Support for the Wine Sector - Regional Motion 165 - 201 8.7. Letter from Chippawa Public Docks Committee This letter is to inform the City of Niagara Falls that the Chippawa Public Docks Committee is dissolving its corporation. RECOMMENDATION: For the Information of Council. Letter from Chippawa Public Docks Committee 202 8.8. Final Report - Code of Conduct Complaint - Integrity Commissioner (Bitter/Kerrio) Attached is the Integrity Commissioner's letter and the Final Report dated March 15, 2021 for the above noted matter. 203 - 217 Page 6 of 392 RECOMMENDATION: For the Information of Council. Letter to Mr. Matson - March 15, 2021 Report - Kerrio v Bitter 8.9. Investigation Report - Code of Conduct Complaint (IC-11926-1120) (De Luca/ Ioannoni) Attached is the Integrity Commissioner's letter dated March 18, 2021 and the Investigation Report for the above noted matter. RECOMMENDATION: For the Information of Council. Letter to Mr. Matson - IC-11926-1120 Deluca Iaonnoni Investigation Report - IC-11926-1120 - March 15 2021 Letter from Peebles - redacted Letter to Mayor re Misogyny Letter from Bert Dandy Email from Philip Dyck 218 - 268 8.10. Board of Management for Downtown Business Improvement Area Letter to Mayor and Council regarding the previous hiring process of a former employee. RECOMMENDATION: For the Information of Council City Council Letter - Councillors Interference 2021 - 2 269 8.11. Women's Brain Health Day - Thursday, December 2nd, 2021 Women's Brain Health Initiative is requesting the lights that illuminate on the Horseshoe Falls and the Bridle Falls be lit up in purple the evening of Thursday, December 2nd, 2021. Purple is the branded colour for Women's Brain Health Day in Canada. RECOMMENDATION: That Council support the request to illuminate the Falls in purple the evening of Thursday, December 2, 2021 to 270 - 273 Page 7 of 392 recognize "Women's Brain Health Day." Women's Brain Health Day - Thursday, December 2nd 8.12. Flag-Raising Request - Meals on Wheels The OCSA (Ontario Community Support Association) has declared the month of March as the "March for Meals Month." They are requesting that Niagara Falls Council approve the flag to be raised and flown for the first week of June 2021 as June is Senior's Month in Ontario. RECOMMENDATION: That Council approve raising the "Meals on Wheels" flag for the first week of June 2021 as June is Senior's Month in Ontario. Flag-Raising Request - Meals on Wheels - Request for June (Updated) 274 - 275 8.13. Flag-Raising Request - National Congress 2021 11th Anniversary - Italian Heritage Month The President of the National Congress Italia Canada, Niagara Peninsula District, is requesting the City of Niagara Falls to raise the Italian flag on June 4th, 2021 at 12:00 PM to hono ur Italian Heritage Month. RECOMMENDATION: That Council approve the flag-raising request for June 4, 2021 to honour Italian Heritage Month. Flag-Raising -National Congress 11th Anniversary - Italian Heritage Month 276 - 277 8.14. Flag-Raising Request - Haitian Day The Embassy of the Republic of Haiti to Canada is requesting that the City of Niagara Falls declare Tuesday, May 18th, 2021 as "Haitian Day" by raising the Haitian Flagand to illuminate the Falls with the colours of Haiti (red and blue). The Niagara Falls Illumination Board has approved the request to Illuminate the Falls at 9:45 PM on May 18, 2021 for a 15 minute duration. RECOMMENDATION: That the City of Niagara Falls declare Tuesday, May 18, 2021 as Haitian Day by raising the Haitian Flag. Flag-Raising Request - Haitian Day - Letter to Mayor Jim Diodati 278 8.15. Proclamation Request - World Pancreatic Cancer Awareness Day A resident is requesting that the City of Niagara Falls declare Thursday, 279 - 280 Page 8 of 392 November 18th, 2021 as World Pancreatic Cancer Day to help bring public awareness to the disease. RECOMMENDATION: That the City of Niagara Falls proclaim Thursday, November 18, 2021 as "World Pancreatic Cancer Day." Proclamation Request - World Pancreatic Cancer Awareness Day 8.16. Proclamation Request - Apraxia Awareness Day A request for the City of Niagara Falls to proclaim May 14th as "Apraxia Awareness Day." Childhood apraxia of speech is a very misunderstood and very challenging speech disorder, our kids need help. RECOMMENDATION: That the City of Niagara Falls proclaim May 14th, 2021 as "Apraxia Awareness Day." Proclamation - CANADIAN SAMPLE PROCLAMATION FOR APRAXIA AWARENESS DAY 281 8.17. Illumination of Lights for Parkinson's Awareness On behalf of the Steve Ludzik Foundation, a letter is attached requesting the City to recognize Sunday, April 11th, 2021 as "National Parkinson's Day" by Illuminating Red Lights. RECOMMENDATION: For the Information of Council. Letter for City of NF re Illumination Light on April 11 282 - 283 9. RESOLUTIONS 9.1. Resolution-Tall Building Setbacks are Minor That in accordance with subsection 34(17) of the Planning Act, 1990 R.S.O, Council determines that the changes to the proposed zoning by- law for AM-2020-007 to implement the Transit Station Area Secondary Plan are minor and do not require further notice. No. 3 - Resolution-Tall Building Setbacks are Minor 284 10. RATIFICATION OF IN-CAMERA 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. Page 9 of 392 2021-37 - A by-law to enter into an agreement with the Ministry of Transportation related to the provincial Transfer Payment Agreement for the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream between Her Majesty the Queen in right of the Province of Ontario represented by the Ministry of Transportation. Investing in Canada Infrastructure Program (ICIP) - By-law 3.23.21 Niagara Falls and Ontario ICIP Transfer Payment Agreement 285 - 365 2021-38 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns). MW-2021-17 Victoria Avenue @ Walnut Street - Removal of Turn Prohibitions By-law 366 - 367 2021-39 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Stop Signs at Intersections, Pedestrian Crossovers). MW-2021-18 Regulatory Sign Installations in New Subdivisions - Forestview Estates Bylaw 368 - 369 2021-40 - A by-law to amend By-law No. 79-200, to rezone lands within the Transit Station Secondary Plan Area to CB, CB2, CB3, CB4, CB4 -1, CB5 AND CB6 (AM-2020-007). AM-2020-007 By-law AM-2020-007 Schedule 1 AM-2020-007 Schedule 2 370 - 386 2021-41 - A by-law to provide for the adoption of Amendment No. 138 to the City of Niagara Falls Official Plan (AM-2020-011). OPA 138 Body OPA 138 By-law 387 - 388 2021-42 - A by-law to amend By-law No. 79-200, to permit the use of the lands for 108 dwelling units in 5, 3.5 storey apartment buildings and 389 - 391 Page 10 of 392 to repeal By-law Nos. 2005-55, 2005-196 and 2011-118 (AM-2020-011). AM-2020-0011 By-law AM-2020-011 Schedule 2021-43 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of March, 2021. 03 23 21 Confirming By-law 392 12. NEW BUSINESS 13. ADJOURNMENT Page 11 of 392 The City of Niagara Falls, Ontario Resolution March 23, 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 March 23rd, 2021, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (b), (c), (f), (i) and (k)) of the Municipal Act: (2) A meeting or part of a meeting may be closed to the public if the subj ect matter being considered is; (b) personal matters about an identifiable individual; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (e) litigation or potential litigation; (i) a trade secret or scientific, technical, commercial, financial or labour relations information , supplied in confidence to the municipality or local board, which, if disclosed , could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations o fa person, group or person, or organization. (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. THEREFORE BE IT RESOLVED that on March 23rd, 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) (b) of the Municipal Act for personal matters about an identifiable individual, including municipal employees; as well as section 239 (2) (c) for a proposed or pending acquisition or disposition of land by the municipality concerning expressions of interest related to the McBain Community Center. Council will also consider matters under section 239 (2) (e) of the Municipal Act for Page 12 of 392 matters dealing with litigation or potential litigation related to the Steel Rail Development as well as matters under section 239 (i) of the Act related to a trade secret or scientific, technical, commercial, financial or labour relations information , supplied in confidence to the municipality, dealing with an application for a private institutional licence. Lastly, Council will deal with a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality as it relates to the local vaccination clinics. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 13 of 392 MINUTES City Council Meeting Tuesday, March 2, 2021 at 4:00 PM Council Chambers/Zoom App COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowksi, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (via Zoom App) COUNCIL ABSENT: STAFF PRESENT: Ken Todd, Bill Matson, Brian Dick, Andrew Bryce, Erik Nickel, Jim Boutilier, Kathy Moldenhauer, Trent Dark, Ed Lustig, Serge Felicetti, Jonathan Leavens, Heather Ruzylo (via Zoom app) 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera (Updated) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Mayor Jim Diodati that Council enter into an In-Camera session. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 2. CALL TO ORDER O Canada: Performed by: Emma MacDonald (recorded version) 3. ADOPTION OF MINUTES Council Minutes of February 9, 2021 3.1. Council Minutes of February 9, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the minutes of February 9, 2021 be approved as recommended. Carried Unanimously Page 1 of 16 Page 14 of 392 City Council March 2, 2021 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Lori Lococo indicated a pecuniary interest on the following cheques: • Chq #443640, January 27, 2021 for $122.12 (reimbursement of expenses) • Chq #443259, January 6, 2021 for $122.12 (reimbursement of expenses) • Chq #00329-0037, February 1, 2021 for $2,333.33 (payable to Niagara Falls Art Gallery as she sits on the board as a resident). • Chq #00324-0036, December 30, 2020 for $2,333.33 (payable to Niagara Falls Art Gallery as she sits on the board as a resident). • Item #6.1 - PBD-2021-09 - Transit Station Secondary Plan as she owns property in the area being discussed. b) Councillor Chris Dabrowski indicated a pecuniary interest to cheque #443323 and cheque #443238. c) Councillor Vince Kerrio indicated a conflict of interest to the following items: • Item #1 - In-Camera Agenda (L-2021-04) Sale of Road Allowance - Weaver Road (as daughter and son-in-law are purchasers) • Item #6.2 - PBD-2021-08 (AM-2021-003) Temporary Zoning Regulations for Outdoor Patios and Sidewalk Cafes) as his company owns two restaurants. d) Councillor Mike Strange indicated a pecuniary interest to cheque #443420 for services reimbursed. e) Councillor Victor Pietrangelo indicated a pecuniary interest to the following: • Cheque #00328-0036 (payable to NCDSB, his employer) • Cheque #00322-0004 (payable to NCDSB, his employer) • Cheque #443273 - payable to himself. f) Mayor Diodati indicated a pecuniary interest to the following: • Cheque #443620 (Payable to himself) • Cheque #443119 (Payable to himself) 5. MAYOR'S REPORTS, ANNOUNCEMENTS Page 2 of 16 Page 15 of 392 City Council March 2, 2021 a) Mayor Diodati extended condolences on the passing of Lynne Canham, sister of Lydia Waters of our Business Development Department and to Maria St. Angelo, grandmother of Nick Pietrangelo of our Transportation Department. b) Mayor Diodati recognized Councillor Victor Pietrangelo and Councillor Mike Strange for attending and supporting the Coldest Night of the Year. c) Mayor Diodati recognized the LudzyStrong Foundation by expressing City Council's support of Steve Ludzik and his current health battle. All of Council is supporting the foundation by wearing LudzyStrong Tshirts (proceeds going to the Steve Ludzik Parkinson's Clinic at Hotel Dieu Shaver). d) The next Council meeting is scheduled for Tuesday, March 23rd, 2021. 6. PLANNING MATTERS 6.1. PBD-2021-09 (Comments and presentation added) Transit Station Secondary Plan Area Zoning By-law Application - City File: AM-2020-007 Applicant: City of Niagara Falls The report recommends that staff prepare a zoning by-law amendment for the Transit Station Area for consideration and adoption at the March 23rd Council. Brian Dick, Manager of Policy Planning, gave an overview of the background report PBD-2021-09. Francesca Berardi, Planner, from the Planning Department, and Cheryl Selig, from the Region, were on stand-by to respond to questions or concerns. The following residents spoke in favour of the application: • Sean Montemurro, of 9328 Hendershot Blvd, spoke just to say that he was in support of the plan. • Evan Sugden, from Bousfields Inc., 1 Main Street East, Suite 200, Hamilton, represented clients that have lands within the area impacted, spoke in support of the application. • Frank De Luca, of 4341 Kilman Place, spoke in support of the application and offered some alternatives through a powerpoint presentation. • Patrick Fejer, from B & H Architects, 320 Bay Street, Suite 200, Toronto, supported the plan. Page 3 of 16 Page 16 of 392 City Council March 2, 2021 • Roy Oei, from B & H Architects, 320 Bay Street, Suite 200, Toronto, supported the plan. • Adam Tian, of 106 Crayford Drive, Toronto, and also owns 4638 Erie Ave and 4618 Erie Ave, spoke in favour of the application. The following residents spoke to address concerns they had with the proposed application: • Nicolino Monachese, of 4488 & 4496 Bridge Street, spoke citing concerns about the proposed development. • Salome Torres and Joel Marier, of 4549 Cataract Avenue, and owners of a youth hostel, spoke in opposition of parts of the application citing concerns about the environment and protecting the land (ie preserving land appropriately). • Shelagh Mulligan, of 4671 River Road, cited concerns about the City not being transparent enough in the planning process and concerned about proposed setbacks. • Farhan Billoo, of 8 Tuscany Court, St. Catharines, cited concerns about the development and Ken Todd, CAO, advised that he send something in writing to our Legal Department. • Lynn Burdett, of 4 Hadden Road, Sutton, Ontario, spoke in opposition of the application citing concerns about Section 19 of the by-law. • Jody Burdett, of 4480 Bridge Street, presented a powerpoint presentation which cited many concerns he has regarding the application. • Jacqueline Sieber, of 4997 St. Clair Avenue, spoke in opposition of the plan. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Staff prepare an implementing zoning by-law amendment for the Transit Station Secondary Plan Area for the consideration and adoption of Council on March 23rd. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 6.2. PBD-2021-08 (Presentation added and Comments from Victoria Centre BIA added) AM-2021-003, Zoning By-law Amendment Application Proposal: Temporary Zoning Regulations for Outdoor Patios and Sidewalk Cafes Applicant: City of Niagara Falls Page 4 of 16 Page 17 of 392 City Council March 2, 2021 The report recommends that Council approve the Zoning By-law amendment application and pass the temporary use by-law on tonight’s agenda to introduce temporary zoning regulations for outdoor patios and sidewalk cafes as outlined in this report, to remain in force until December 31, 2022. Andrew Bryce, Manager, Current Planning, gave an overview of the background report PBD-2021-08. There was nobody to speak in support or against the application. The Public Meeting was closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council approve the Zoning By-law amendment application and pass the temporary use by-law on tonight’s agenda to introduce temporary zoning regulations for outdoor patios and sidewalk cafes as outlined in this report, to remain in force until December 31, 2022. Carried Unanimously (Councillor Vince Kerrio declared a conflict). 7. REPORTS 7.1. F-2021-14 Special COVID-19 Pre-Authorized Property Tax Payment Plan Update The report recommends for the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.2. F-2021-17 Outstanding Not for Profit Accounts Receivable Balances Requiring Further Collection Efforts Page 5 of 16 Page 18 of 392 City Council March 2, 2021 The report recommends prior to sending any accounts receivable balance belonging to a not-for-profit organization to collections staff will update Council on the collection efforts in camera. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously 7.3. F-2021-19 Property Tax Penalty and Interest Rate The report recommends the following: 1. That Council approve returning the penalty rate to 1.25% per month from the reduced rate of 0.5% per month effective July 1, 2021. 2. If Council does not approve the recommendation in number one that Council direct staff to prepare an additional report on th e 2021 budget impact of extending the penalty and interest reduction beyond July 1, 2021 for the April 20, 2021 Council meeting. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council approve returning the penalty rate to 1.25% per month from the reduced rate of 0.5% per month effective July 1, 2021 and that staff report back prior to June 30, 2021 for any further direction. Carried Unanimously 7.4. F-2021-20 2021 Capital Budget Funding Swap The report recommends the following: 1. That $581,885 in Federal Gas Tax approved for the “Drummond Road Watermain Replacement & Road Reconstruction” be swapped with the existing approved funding for the “Gale Centre Refrigeration System Replacements” ($535,000) and the “Schisler Road Bridge S094B Rehabilitation” ($46,885) projects. 2. That $535,000 in Debt Financing originally approved for the “Gale Page 6 of 16 Page 19 of 392 City Council March 2, 2021 Centre Refrigeration System Replacements” project, be approved for the “Drummond Road Watermain Replacement & Road Reconstruction” project, 3. That $46,885 in Operating Funding originally approved for the “Schisler Road Bridge S094B Rehabilitation” be approved for the “Drummond Road Watermain Replacement & Road Reconstruction” project. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.5. MW-2021-16 (Report added) OPG Waterfront Licenses The report recommends that City Council advise Ontario Power Generation that it does not support renewal of waterfront licenses for locations abutting City-licensed lands upon the change of property ownership. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council not support the recommendation and to ask Staff to explore other boat launch opportunities along the Creek as part of the Recreation, Culture & Parks Master Plan. Carried Unanimously 7.6. PBD-2021-10 Revision to Corporate Procedure 500.11 Representation at LPAT Hearings for Committee of Adjustment The report recommends it is recommended that Council adopt the revised Procedure 500.11, Representation at LPAT for Committee of Adjustment. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the Page 7 of 16 Page 20 of 392 City Council March 2, 2021 vote). 7.7. TS-2021-03 WEGO Visitor Transportation Services Operational Review The report recommends the following: 1. That the WEGO Visitor Transportation Services Operational Review prepared by IBI Group dated January 12, 2021 be approved by Council; and 2. That the recommendations provided in Table 2 not requiring budgetary approval or public input at this time be endorsed by Council; and 3. That Council direct Staff to bring an extension agreement forward for Council’s approval within the terms of the agreement’s timeframes to extend the term of the existing 10 -year agreement by two years. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. 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-2021-13 Monthly Tax Receivables Report – January The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2021-16 Page 8 of 16 Page 21 of 392 City Council March 2, 2021 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $34,310,670.81 for the period December 16, 2020 to February 12, 2021. MW-2021-15 Miller Road – Speed Limit Review The report recommends the following: 1. That the speed limit on Miller Road between Willoughby Drive and a point 250 metres west of Niagara River Parkway be reduced from 70 km/h to 60 km/h; and, 2. That the speed limit on Miller Road between Niagara River Parkway and a point 250 metres west of Niagara River Parkway be reduced from 70 km/h to 50 km/h. R&C-2021-02 2020 Annual Update from the Culture Division The report recommends for the information of Council. TS-2021-02 Niagara Region Transit – Service Provider Agreement – Two-Year Extension The report recommends the following: 1. That the two-year optional extension to the original three year agreement, with the Regional Municipality n of Niagara, for the provision of Niagara Region Transit services, be approved. 2. That the Mayor and Acting City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the reports are approved as recommended. Carried Unanimously 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 9 of 16 Page 22 of 392 City Council March 2, 2021 9.1. 2020 Fire Department Annual Report RECOMMENDATION: That Council receive the report for information. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council receive the report for information. Carried Unanimously 9.2. Correspondence from resident, Melanie Holm - RE: Women and Representation Melanie Holm, resident, requests that the attached correspondence be brought to Council for information. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 9.3. Diversity and Inclusion Advisory Committee As a result of the recommendation made at the February 9, 2021 Council meeting, the number of committee members appointed to the Diversity and Inclusion Advisory Committee will be slightly increased to include a minimum of six (6) community members to a maximum of nine (9). RECOMMENDATION: That Council appoint 3 additional members to the Diversity and Inclusion Advisory Committee, namely; Celest Turner, Sheila DeLuca and Falynn Shaw. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that Council appoint 3 additional members to the Diversity and Inclusion Advisory Committee,namely; Celest Turner, Sheila DeLuca and Falynn Shaw. Carried Unanimously Page 10 of 16 Page 23 of 392 City Council March 2, 2021 9.4. Memo - 5G Installations A memo from Tiffany Clark, Director of Finance, is attached regarding the potential liability for 5G installations. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously 9.5. Niagara Regional Housing - 4th Quarter Report Attached is the Niagara Regional Housing (NRH) Quarterly Report (October 1 - December 31, 2020) for Council's review. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Carried Unanimously 9.6. Letter from Minister of Transportation re: Highway 405/QEW Interchange Attached is a letter from the Minister of Transportation, Hon. Caroline Mulroney, in response to the correspondence sent from the City regarding the request for a south oriented ramp at the Highway 405/QEW interchange. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously Page 11 of 16 Page 24 of 392 City Council March 2, 2021 9.7. Proclamation Request - National Cleaning Week Keith Tennant, from IHS Depot, is requesting that the City of Niagara Falls proclaim the week of March 28 - April 3, 2021 "National Cleaning Week." With the increased interest in cleaning, disinfection and the desire of all people wishing to thank custodial care workers, it is an appropriate time to have the city recognize this national and international event. RECOMMENDATION: That the City of Niagara Falls proclaim the week of March 28 - April 3, 2021 as "National Cleaning Week." ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the City of Niagara Falls proclaim the week of March 28 - April 3, 2021 as "National Cleaning Week." Carried Unanimously 10. RESOLUTIONS 10.1. Resolution to go In-Camera - March 22, 2021 at 3:00 PM. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that on March 22, 2021 at 3:00 PM, Niagara Falls City Council enter into a Special In-Camera session. Carried Unanimously 11. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the proposed sale of City owned land, being part of road allowance between Concession 1 and Broken Front Concession Niagara River (Closed by By-Law 2017-133) North Side of Weaver Road - Parts 1 & 2 on Reference Plan 59R-16217, be sold for the acceptable offer of $3,000.00 plus H.S.T. for each of Part 1 & Part 2 and that the recommendations outlined in Staff Report L-2021-04, be approved; furthermore, that Council gives direction to staff on moving forward with the Gunning and Mears Pump Station Replacement Contract. Carried Unanimously (Councillor Vince Kerrio declared a conflict to L- Page 12 of 16 Page 25 of 392 City Council March 2, 2021 2021-04). 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2021- 27 - A by-law to authorize the payment of $34,310,670.81 for General Purposes. 2021- 28 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2021- 29 - A by-law to amend By-law No. 79-200, to permit the use of the lands for a 2 storey, 11 unit apartment building (AM-2020-009). 2021- 30 - A by-law to amend By-law No. 79-200, to permit a 5 storey, 116 unit hotel on the lands, to permit a portion of the required parking for the uses on part of the lands to be provided on another part of the lands and to repeal By-law No. 1999-52 (AM-2020-010). 2021- 31 - A by-law to amend By-law No. 79-200, as amended, By-law No. 5335, 1955, as amended and By-law No. 395, 1966, as amended, to provide for the temporary use of lands for outdoor patios and/or sidewalk cafés as an accessory use within certain zones of the City of Niagara Falls (AM-2021-003). 2021- 32 - A by-law to repeal By-law No. 2021-16, 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. 2021- 33 - A by-law to declare Part of the Road Allowance between Concession 1 and Broken Front Concession Niagara River, in the former Township of Willoughby, being Part 2 on 59R-12161 as surplus. 2021- 34 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways) Page 13 of 16 Page 26 of 392 City Council March 2, 2021 2021- 35 - A by-law to authorize the execution of an Agreement of Purchase and Sale with Her Majesty The Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, for lands surrounding the Beaver Valley Corridor Subdivision (26T-11-2017-004), being Block 31 on 59M-257, Block 36 on 59M-224 and Block 46 on 59M-241. 2021- 36 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of March, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the by-laws be read a first, second and third time and passed. Carried Unanimously 13. NEW BUSINESS a) Student Volunteer Hours ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that Staff reach out to the Ministry of Education asking them to consider reducing the student volunteer hour requirement and if the City becomes aware of opportunities, to advertise accordingly on the City's website. Carried Unanimously b) Tax & Water Rebate Report ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that staff bring back a tax and water rebate report for people with disabilities. Carried Unanimously c) Living Wage Initiative ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that staff come back to Council with a report related to the financial impact of the Living Wage Initiative and how the Page 14 of 16 Page 27 of 392 City Council March 2, 2021 Corporation of City of Niagara Falls and their contractors may be affected. Carried Unanimously d) Council Member Education ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council ask Staff to come back with a report that would outline options that Council could consider that would focus on ways that Council could do some team-building to improve cohesion and distancing. Carried Unanimously e) Fernwood Park - Skating Rink ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council direct staff to go out to test the soil at Fernwood Park for water retention and to further arrange a public meeting for residents to see if they are in favour of maintaining a rink; furthermore, if residents agree, that staff move forward with design and staff offer the same opportunities to other neighbourhoods. Carried Unanimously f) Waiving of Business Licence Fees ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that staff come back with a report on the waiving of business licence fees and what the financial implications will be. Carried Unanimously 14. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the meeting be adjourned at 7:57 PM. Carried Unanimously Page 15 of 16 Page 28 of 392 City Council March 2, 2021 Mayor City Clerk Page 16 of 16 Page 29 of 392 F-2021-22 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-22 Statement of Remuneration and Expenses for Members of Council and Commissions RECOMMENDATION For the information of Municipal Council. At the April 21, 2020 Council meeting, staff was ordered to report back further to show the number of meetings held by Council and Council Member attendance. This information has been included in an attachment. EXECUTIVE SUMMARY Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. ANALYSIS The attached statement of remuneration and expenses for the year ending December 31, 2020 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99-22, By-law #2002-57 and By-law #2001-252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2020 is provided below: Remuneration Benefits Expenses Total City Council $323,481.64 $91,719.36 $36,073.06 $451,274.06 Committee of Adjustment $3,375.00 $0.00 $1,021.66 $4,396.66 Niagara Falls Hydro Holding Corporation $38,953.85 $0.00 $0.00 $38,953.85 Page 30 of 392 2 F-2021-22 March 23, 2021 LIST OF ATTACHMENTS 2020 Statement of Remuneration and Expenses – Niagara Falls City Council 2020 Statement of Remuneration and Expenses – Committee of Adjustment; Niagara Falls Hydro Holding Corporation 2020 Attendance of Council Members Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 31 of 392 3 F-2021-22 March 23, 2021 2020 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL Council Member Salary Committee Benefits Expenses Total DIODATI, J 114,141.04 150.00 28,580.18 20,163.76 163,034.98 CAMPBELL, W 26,002.08 2,400.00 6,441.08 2,533.15 37,376.31 DABROWSKI, C 26,002.08 1,275.00 10,122.52 3,174.54 40,574.14 IOANNONI, C 13,001.04 525.00 8,975.27 2,326.36 24,827.67 KERRIO, V 26,002.08 0.00 4,028.70 513.99 30,544.77 LOCOCO, L 26,002.08 3,525.00 10,487.99 1,609.95 41,625.02 PIETRANGELO, V 26,002.08 1,050.00 10,086.08 1,956.75 39,094.91 STRANGE, M 26,002.08 1,050.00 6,518.43 2,048.02 35,618.53 THOMSON, W 26,002.08 4,350.00 6,479.11 1,746.53 38,577.72 TOTAL $309,156.64 $14,325.00 $91,719.36 $36,073.06 $451,274.06 Page 32 of 392 4 F-2021-22 March 23, 2021 2020 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT Member Remuneration Expenses Total Campigotto, P. 675.00 149.04 824.04 Colosimo, P. 675.00 163.62 838.62 Franze, D. 750.00 201.72 951.72 Mrozek, J. 525.00 0.00 525.00 Stranges, L. 750.00 507.28 1,257.28 TOTAL $3,375.00 $1,021.66 $4,396.66 NIAGARA FALLS HYDRO HOLDING CORPORATION Member Remuneration Expenses Total DIODATI, J 4,800.00 0.00 4,800.00 CAMPBELL, W 4,800.00 0.00 4,800.00 DABROWSKI, C 4,800.00 0.00 4,800.00 IOANNONI, C 553.85 0.00 553.85 KERRIO, V 4,800.00 0.00 4,800.00 LOCOCO, L 4,800.00 0.00 4,800.00 PIETRANGELO, V 4,800.00 0.00 4,800.00 STRANGE, M 4,800.00 0.00 4,800.00 THOMSON, W 4,800.00 0.00 4,800.00 TOTAL $38,953.85 $0.00 $38,953.85 Page 33 of 392 5 F-2021-22 March 23, 2021 Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Diodati Campbell Dabrowski Ioannoni Kerrio Lococo Pietrangelo Strange Thomson Date of Council Meeting 14-Jan-20 X* 28-Jan-20 X X 11-Feb-20 X 3-Mar-20 X X Special Mtg. 20-Mar-20 X X CANCELLED (COVID-19) 3/24/2020 2-Apr-20 21-Apr-20 X 12-May-20 2-Jun-20 23-Jun-20 14-Jul-20 Special Mtg. 20-Jul-20 X X X 11-Aug-20 X 15-Sep-20 6-Oct-20 27-Oct-20 X 17-Nov-20 8-Dec-20 TOTAL *left after Austin, Texas presentation (January 14th, 2020 Council Meeting) 2020 Attendance of Council Members X = Absent from the meeting MEMBER OF COUNCIL Page 34 of 392 FS-2021-01 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2021-01 Next Generation 9-1-1 and Consolidated Dispatch RECOMMENDATION 1. That staff be directed to continue the planning for the implementation of Next Generation 9-1-1 (NG9-1-1) in coordination with partner agencies, Boards and Councils. 2. That staff be directed to continue the planning for the implementation of a consolidated emergency dispatch service for Niagara. 3. That staff be directed to continue the discussions and planning for the Back-up Dispatch Centre which will serve Emergency Service communications for the Niagara Region to be located on the back portion of the station 7 property. EXECUTIVE SUMMARY This report provides an update on our involvement with efforts to implement NG9 -1-1 along with other regional dispatch service providers and further discuss the goal of moving to a consolidated dispatch model. On January 13, 2021, Niagara Regional Corporate Services Committee approved a report submitted by Niagara Emergency Medical Services (NEMS) Chief Kevin Smith updating on the implementation of NG9-1-1. Included with the report was a recommendation for staff (Niagara Region) to develop a model of a consolidated emergency dispatch centre for Niagara. The report was approved by Regional Council on January 21, 2021 (with an amendment requiring an update report on March 25, 2021 and a final report no later than June 24, 2021). The Canadian Radio-television and Telecommunications Commission (CRTC) has mandated that all provinces, municipalities and their Primary Public Safety Answering Point (PPSAP) providers are required to meet the NG9-1-1 standards no later than March 31, 2024 at which time the legacy systems will be disconnected. In Niagara, this will require significant technological changes to local emergency dispatch services. Page 35 of 392 2 FS-2021-01 March 23, 2021 BACKGROUND Niagara Falls Fire Department (NFFD) operates an emergency 911 dispatch centre, known as a Secondary Public Safety Answering Point (SPSAP) that dispatches ourselves. Additionally, there are four other dispatch centres that provide dispatch services for police, fire and EMS in Niagara. The provision of PPSAP 911 services in Niagara is the responsibility of Niagara Region, who in turn contract the provision of service to Niagara Regional Police Services (NRPS). Members of NFFD have been working in cooperation with members of NRPS, St. Catharines Fire Services (SCFS) and NEMS to ensure a successful coordination between our agencies that will result in the most effective and efficient implementation of NG9-1- 1 in Niagara. The Niagara Regional staff, with input from members of NFFD, SCFS, NEMS and NRPS will be engaging a consultant through an RFP process to conduct a technical study to identify the requirements to develop an action plan to ensure all regional dispatch centres meet the requirements of NG9-1-1. The preliminary estimated cost for the overall transition to NG9-1-1, including consulting, capital equipment and maintenance fees is $2M. As a part of this study the consultant will review the provision of services using the existing dispatch centres model and will also review a consolidated dispatch model. We are participating with representatives of SCFS, NRPS and NEMS to develop an action plan to move to a consolidated emergency dispatch model for Niagara Region that will eventually go to Niagara Regional Council, this Council and to the other respective local area municipalities (LAM) for consideration and approval. One of the most difficult aspects of the transition to NG9-1-1 relates to the current dispatch model in use in Niagara. There are currently five dispatch centres that provide services in Niagara, four separate dispatch centres operate in the region and another service is provided by a non-regional entity. Each of these dispatch centres are also required to have a fully operational back-up centre to relocate to should the primary site be compromised. Given the considerable costs associated with the implementation of NG9- 1-1 we must determine if now is the appropriate time to transition the current dispatch facility model into a consolidated model. Despite the IBI report being completed in 2012, the general assessments and recommendations hold value today. The emergency service leaders are currently reviewing this document to determine if the recommendations that were made by IBI provide the necessary information to design a consolidated dispatch model for Councils and Boards to consider. The Niagara Falls Fire leadership is of the opinion that given the necessary changes required with the implementation of NG9-1-1, this is the time to actively pursue the option of a consolidated dispatch model. Page 36 of 392 3 FS-2021-01 March 23, 2021 Meetings with the emergency service leaders involving the Region and LAM CAO’s were held in 2020 to have preliminary discussions on opportunities for dispatch consolidation and the sharing of a common NG9-1-1 system rather than each service procuring its own. While the continuation of these discussions became somewhat delayed as a result of COVID-19, consensus was reached amongst all LAM CAO’s to prioritize the opportunity for dispatch consolidation. Further to this, consideration from both SCFS and NFFD exists that fire dispatch services could be combined to a single dispatch service. Back-up Communications The original approved location of the NRPS/PPSAP back-up communications centre was to be located with the new NRPS District 1 facility in St. Catharines, currently nearing completion. A Regional Council Report identified a preferred direction to develop a multi- user communication centre that would house primary or backup communications capacity for a variety of emergency-based users. The decision was made to not locate the back- up centre with the new District 1 facility but rather enter into discussions with appropriate parties to determine the best option for this type of communications centre. With the deadline of March 31, 2024, the NRPS back-up communications centre must be fully operational and NG9-1-1 compliant no later than March 31, 2023. This requirement is to facilitate the necessary upgrades to the primary NRPS communications centre and for the training of dispatch staff to the new NG9-1-1 system. ANALYSIS/RATIONALE 1. Status Quo The option exists to leave the existing model of separate dispatch centres and separate technologies for each agency to procure and implement their own NG9-1-1 solution. This is not recommended due to the costs associated with each service purchasing their own systems and the lack of integration and coordination of systems and services. 2. Dispatch Consolidation With the current requirement to implement a new 911 infrastructure in Niagara, leaders of the emergency services are unanimous that this may be the right time to move to a consolidated model of regional emergency dispatch. For clarity, the definition of the term “consolidation” may include: • Integration of Technology - all agencies (9-1-1 PSAP, police, fire and ideally EMS operate with shared (common) CAD and radio systems and a common IT resource. They may also share telephone (911 Call Logger) and AVL/GPS systems but would have separate Resource Management Systems. Page 37 of 392 4 FS-2021-01 March 23, 2021 • Currently the NRPS hosts a P25 radio system that integrates with several municipal fire services including Niagara Falls, St. Catharines, West Lincoln, Pelham and most recently Grimsby. One additional municipal fire service is to be on-board the P25 system in early 2021. 3. Physical Co-Location Some or all agencies are housed in the same building and may even be co-located in the same communications centre within the building. Back-up centres can also be shared and provide multi-use functionality such as training and emergency operations centres (EOC). • Currently NRPS Communications Centre serves as the backup for Niagara Falls and St. Catharines Fire Communications Centres. NEMS back-up centre is located in Hamilton as provided by the Province. With the future closure of th e current NRPS District 1 facility located at 68 Church St reet in St. Catharines, the current site of the NRPS/PPSAP back-up centre, the future location for a permanent NRPS dispatch backup is a matter of current discussion between the Region and the NRPS with decisions forthcoming. Dispatch consolidation may or may not include:  Integration of Operations – while each agency may be physically co -located, each continues to operate under its own (autonomous) governance structure and mandate, with their respective staff, support resources, programs and procedures. Back-up Communications One key outstanding issue is the confirmed location of the PPSAP back -up communications centre. In consultation with the other dispatch providers, the NFFD have discussed the offer of erecting the new facility on the rear property behind Station 7. The rear property is 100 by 86.64 metres in size which equates to approximately 9000 square feet / 836 m2 which can comfortably accommodate a new facility. FINANCIAL/STAFFING/LEGAL IMPLICATIONS At this time there is no financial implications, as council has already approved $400,000 in Capital expenditure to allow us the ability to move forward under status quo option. As such there may be cost savings if we enter into a consolidated model. Further, there has been monies allocated in the operating budget to cover any ongoing expenditures. Provision of land to be leased for nominal consideration to Niagara Region. Page 38 of 392 5 FS-2021-01 March 23, 2021 CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. The recommendations contained within this report are in keeping City Council’s Strategic Priorities in fostering a customer-focused organization and a connected community. This recommendation is providing for the continued safety of the community and city staff through consistent, quality service while limiting the City's exposure to risk. LIST OF ATTACHMENTS 1. Aerial of Station 7 property. Prepared by: Jo Zambito, Deputy Fire Chief Recommended by: Jim Boutilier, Fire Chief Respectfully submitted: Ken Todd, Chief Administrative Officer J. Boutilier:dt Page 39 of 392 inn? . M. .,.. 0.‘ r.A AI. lznza..v6z>.£k J-m5.55220u ..:oE:um?<Page 40 of 392 _um-~o§-o~ Zwm—wm:.m~.~u§=m_<_m_.nENu.~o~,_ n>z>:> _~m_uo_?._.O“_<_m<o«._m3mm_<_.Qoqm: mag_<_m3cmao.“_<_:3o:um_Ooc:o__ mcw_<__._.._.mUw<__u:mUm_mm:3m3 mcmamo?_um-~o§-S ®o<m_.:3m:..o."03.810_u=.mmm_nm..<n...._.m:.._u_.om$3 _»moo_<__<_mzu>.._oz ._.:m.nOoc:o__m_u_2o<mEmammo:msamcuuo:Emz.mmm$_nm__m_n:m_umUm:3m2 mEm__om:o:csqmaEm03.510_u:mwm..m.2Q32U_.o©_.m3. mxmmc:<mmc_s_<_>_»< ._.Em0.?o.“z_m@mB_um__m_u:m_umnm:3m3.mm_mv_<E©2:Em®o<mE3m39.03.810_n:m mm?méQ82magcum:mm§o<m_mEm__m__o<<+9m__oom:o:o.“Em.?o__o<<E©ovcozcsamm. 9.2m?mm:m<mam2_.._8Em_u:m:ocmm_:m_umo.§muu__om.._o:8cmEmUmm?momémam.8 3mm.“ocasmmam.m__o<<Em_..:m_u<m<m::o:m?mm.8oosqco?_u:m_:mbmo:o:mEm:3m_< 3m::m1:o_cQEmUoE<_:cm_mag.4o3_EmEmbmozosm._nE.Em:EmmUSQEE<<=__3mm=m.Hm <<_EocaocnmiOo3nSmq>EmqU_mvm.8:AO>_uvm<m.nm3.Ecm©_<EoEm«mm_mo:qE@ oqmém:3m_<magmooc?m?mE..o«3m:o:?mnE:mQo:EmEmmmmsm. ._.:m.:mEE©n_m_om:3m3<<mm::mU_m8oo3U_m.Hmmvmo_m_:<4mo::_om_mmmocm._...m_:_:© m<o_S_o:mE<o_<E©UoEI6:>:m_mmoummmmocmman.imam:mmmocmENo.8Qcm.8 OO<_U-3.Eoama.8xmmvm§4:m_:mQ.8Emsasmmm?msamwauommE_m.2_m_3Um$:<m Em::mEEmEEmmm.2<omcmo?o.Hmo::_om_?mmocm_m_m:o::mUmoosqco?mq. m>oxm_»oczc ._.:m®o<m33m22Q3610mssocsomamo:m.n_3mmm:Q52.83c:_m6m_Emmm_.<_omm .8mmm_m.nEmQQ«mmmE©o:m__m:mmmmmmoo_m.Hmn_<<_E.:mEE©mag<i:m_Emnmozosmqcm.8 Emmo<_o-$cm:qm3_o. mEomEmQ6:2Em_um:am3_o.O3m:o_mEmmm_.<_ommEm<mEmmaczuwmomqmimq o:m__m:©mmman.<o_omaEommoo:mm3m8EmO?om2Em_u:m_<_m_.m:m_AO_u_<_v.._.:mmE_:< .8:mEmammm2_om3m3UmaEmOO<_Um:<:o:3m3Uqocmi<<_E::m<<wmmimaosmmag qmmczmobnoncsamm.8EmEo:_EmmsaE35:0.39.Eoamm.so.“m__.:mEE©2.03.8 <<m1m39o<mwEm_mm.H<mm7Emnaaoz.EmO_u_<_EmmEmmaoo:om3m:03..:m n_mcm:3m3mmwoc?Emmoamm2.o8m3m3magEmmc__:<.8mim?_2m3_mmm8oosqco? Emumozosmmag3830.83mmm..m.2.:_mEoumaEm:E_mQ32<<___<<O_._A.8mauve:3m mm2_ommE85:E_m32.89.c:om:mE.Qman.o:moEco:m__m:©mm.Page 41 of 392 3.83.3 _<_m_.o:B.B2 .2.mQ33_m_3m:QmQ.8_o_.o<_amEmqmvm:3m3m<<_EEm.n_mx_E_:<8mambo:.25 3.01.2mwmmm._u:m.pE_mQ333m<cm9:.8<<mamo:moEm.:mEEcsmmamEm_:n_E© 1m©_m:m:o:.mn_EE_m:m:<mU_.O©_.m33_:©..Hmo::o_om<cumqmqmmmagmmmoo_m.HmQoom?m..o« m:m:QE©mm<<m__*2_m8<EEmmm2_omm.Emagic?2oogmooEU__m:ommagEmvmozosm oo3E:m8cmo:m__m:mEm.mQn:mmmEmoEuo::::_mm+9msEmnmozos3833Em< Eo_cn_m.Hmo::o_om<_omc:m_oom?mmag.:mEE@.8msmc?mEm:Emmm..<_ommm?mmc_m8 3mm.“EmamEm:a9“E688aEm_oom__m<m_. 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OsomEm_n:m:ocmmEmumo?oamum.8:_mmo:<m.Hmqo:Em__u>om_Em&ao:8 mcEu_mEm3m_.<zumqmamnE:mQ.Em.8.Hm_.Em:o_m_oc__©m:o:<<o:_am_moE<o_<mm-am< <m:Qo?§omE3E_:m\.:m_:_:mo:m:m.Q33EEQEQ<<o:_n_m__o<<..o«Em_E_m_mEm3m:o:o+ E_mE:_m:<m. . >mm52:9.OO<_U-8msaEmmmmo?m::3o:mo:mn_:_Eu.:mEEmU3m$3m.<<m<<m«m c:mU_m.8oo3u_m.Hm9:mUmo_m:<+mo_E_om_mmmocm.3mEEmm<o_::o:mE<o_<EmI6: >:m_mmoummmmocmmag._4m:o:mmmocm..a:mmm2<omumo_m_:mm<<m«m.8cm..mo__:m.nmn_3 mx..mEm_u8.nmmm_o:m_m<<_EEEm_:Qcm.:<Ememo. ._.:mmm2<omnmoao.nmo::_om_?mmocm_u_m=.o:Em.US:2__3:mQ.8.mmoo3mEma<<_EE9: mm$v=m:E@mag_»m©c_m.nE@w<-5smagEoamq.8xmmc2:m?mm.:mEma.8EmEasmm?Page 42 of 392 _um-~o§-S _<_m_.o:Nu.Non; m?msamacommE_m.<<m?mm_:_m_3vm$:<m8nc?mcmE_m.:mEE©EBB.<<_E__3_mg m_Ecm_«mmoc?omm.<<mmamo:_<mU_m.8..oo:mo:.25mcmo_m:<n3mB3mm::cm__<mo<<_E EmEmE_:<.8m.nm<o:mo:mqc_mUmomcmmo1Em_um:Qm3mo.E_mqm_m<<<___mq<mwmm_<mmmo? Emam3mEE©.Hmo::_om_.:mEE©U_.O©_.m:.5..2EmE36. ._.:_m..::qEo<<___mmm_m.Hor:Emmmima8?m3mEo:mo:mn_c_mmsaHmxmcm:EEm :mommmm_.<.:mEEmm:mmQ<_o_m::mn_8EosmEm:mx___m. _n_z>zo_>Ema>_n_u_zm=.mm>_.__<_n_._o>:ozm ._.:m03.510_u:m_<_m«m:m_ac_mmmmn_8mssocsomEm.“Em9.29.Z_m©m$_nm__m_mm_6E_m .8«mom_<m3398mmmm:9.Em®o<m33m39.03.510_u:mmama®$3U_.O©_.m3. m:oc_QEmammmmm:o_.:m__.Emonmaazn3&2m:m__oo<m«Emq?m?msom. o_._.<_mm._._»>._.m®_0oO_<__<__._._<_mz._. 4:5ammo:_moo:m_m.Hm3<<_EEm.no__o<<E©00:30:m.:m:mm_ooo33:3m3m” \_.._.:_mucwormmm<<____o8<_o_m..oaooszzcmqwmmnosmmom_umE_Emm3:m3m6m:o_mm. qmqcgsm3::_o6m___mU__:<magu3<_QE@Eammmsnmmag:mm_E<oo33:::<. N.4.:m<moo33m:am:o:mm?mvaocomma8m:m.HmEm:mm_E<magmm?moo33:::<. m.._.:_mmomémamUcqosmmm<<___v3<Em*2oE_3m_ammvosmmom_umE_:_mmEa m3m6m:o_mm.?mQcoE©__m_o__:<msqv8<EEm*9mmm..mman.:mm_E<oo33:::<. _...~moo33m:QmQE: .:3_woc:__m:_u:mO:_m.. _»mm_umn::__<233239 Xm:3%.oza>n_3E_m.:m:<m0302 L._.u.oc:__m:%Page 43 of 392 MW-2021-19 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-19 Children’s Memorial Walkway RECOMMENDATION 1. That City Council approve of the Children’s Memorial Walkway concept plan for Firemen’s Park as outlined in Report MW -2021-19; and further, 2. That City Council preapprove the allocation of 2022 capital funding in the amount of $160,000 to tender the construction works for the Children’s Memorial Walkway project in 2021. EXECUTIVE SUMMARY At the January 19, 2021 Council Meeting, staff were directed to report back on an initiative to recognize children whom have passed within the City of Niagara Falls. In response City staff have conducted out-reach and developed a conceptual sketch and budgetary costing for the creation of a Children’s Memorial Walkway at Firemen’s Park. Staff are requesting pre-approval of $160,000 from the 2022 capital budget to construct the Children’s Memorial Walkway in 2021. Subject to Council approval, Staff will also begin to develop the memorial donation program that will accompany this new facility. BACKGROUND City Council provided direction to staff at the January 19, 2021 meeting to report back on options for the recognition of children who have passed with the preferred location for this to be done at Firemen’s Park. City Council requested that the recognition space be attractively designed and have numerous opportunities for families to participate. ANALYSIS/RATIONALE Staff conducted outreach with City Council members, members of the Stamford Centre Volunteer Firemen’s Association and participant families. As part of this outreach, staff Page 44 of 392 2 MW-2021-19 March 23, 2021 presented a conceptual sketch that provided a potential opportunity to realize a children’s memorial walkway at Firemen’s Park. The design was well received. The proposed location within Firemen’s Park is near the northwest quadrant of the Mountain Road and Dorchester Road intersection. See attachment 1. The proposed conceptual sketch provides for a Children’s Memorial Walkway that integrates with the existing pollinator gardens and establishes an accessible walkway that includes expanded pollinator gardens (with irrigation) and a stone paver plaza space. Opportunities for child recognition could include (but not limited to,) memorial trees, memorial benches, memorial bricks, memorial butterfly sculptures and memorial stones. See attachment 2. As part of the project, child recognition requests could be facilitated through the existing memorial program operated by Cemetery Services. Opportunities to include ash scattering at the Children’s Memorial Walkway space could also be explored. Should Council approve of this project to proceed to construction, Staff will also begin to develop of the memorial program that will be attached to this facility. It is anticipated to adopt a similar program to the existing Cemetery Commemorative Tree and Bench Program; however, with alternative memorial options including those noted previously in this report. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The anticipated tendered cost of the proposed Children’s Memorial Walkway (excluding child recognition elements as per above) has been estimated to be $160,000. Project costs may be off-set by implementation strategies including; private donations, grants, in- kind services and other opportunities that could be explored. Currently no capital funding has been allocated to this project. To advance the construction of this project in 2021 Staff are recommending preapproval of $160,000 from the 2022 capital budget. The contents of this report do not involve any staffing or legal implications. CITY’S STRATEGIC COMMITMENT The content and recommendation included in this report aligns with Council’s adoption of the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Community. LIST OF ATTACHMENTS Attachment 1 – Proposed Site Location Map. Page 45 of 392 3 MW-2021-19 March 23, 2021 Attachment 2 – Children’s Memorial Walkway Concept Sketch Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer D. Antonsen Page 46 of 392 Proposed Site Location Map Print Date:© City of Niagara Falls 3/10/2021 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 47 of 392 Memorial Bench {'2-3 _-rtv:} Memorial Benches Memorial Trees Memorial Butterflies 20-30 Memorial Bricks (supporter)200+ /1 F CHlLl)_RET|;§|?L’SMEMORlALWALK l F|REMEN’S PARKCONCEPTSKETCH WAY ca/wvscr 4‘;- \\\ I TTERFL Y scul.rrum.-"s (ryn; MEMORIAL BENCH WITH .2mx:.5m FAD (ryp.) QOAD‘T 4./_ CHECTE Q’: DO Paved Walking Trail DATE 202l/02/O9 Niagara?alls CANADAPage 48 of 392 PBD-2021-11 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-11 SBA-2021-001 - Sign By-law Amendment Owner: Walker Industries Holdings Ltd. Agent: Vann Media (Larry Vann) North side of Thorold Stone Road, West of Garner Road RECOMMENDATIONS That Council support the Sign By-law amendment application to permit a 100% electronic message centre billboard sign on the north side of Thorold Stone Road, west of Garner Road subject to the following conditions: 1. The sign size and sign area of the sign to remain at 3.048 m x 6.096 m (10 ft. x 20 ft); 2. That the sign be setback 10 m (33 ft.) from the existing Regional road (Thorold Stone Road); and, 3. That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road. EXECUTIVE SUMMARY At a Council meeting held on January 19, 2021, Council considered a request to relocate a billboard from Bridge St. and Victoria Ave. and authorized its relocation to the north side of Thorold Stone Rd., west of Garner Rd. The lands of the proposed location are designated Good General Agriculture and the City’s Sign By-law permits billboard signs on Agricultural lands. This relocation does not represent an increase in the number of billboards in the City as it is the relocation of an existing billboard. The Sign By-law amendment, if approved, as recommended, will meet the intent of the Official Plan policies respecting signs. In order to ensure this, it is being recommended that the amending by-law regulate the sign in the following manner:  Sign be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Rd. BACKGROUND Proposal The purpose of this report is to review the applicant’s request that the proposed billboard be a 100% electronic message centre sign whereas an electronic message centre sign would not be permitted in the Agricultural area. Section 21.1 of the Sign By-law allows Council to consider amendments to the by-law where a billboard is proposed to be 100% electronic message centre. Page 49 of 392 2 PBD-2021-11 March 23, 2021 The By-law requires that amendments be considered by Council and that notice of the public meeting be given to all property owners within 120 m of the subject property. A public notice was circulated to property owners within 120 m on March 1, 2021 and public notice signs were posted on the property. Site Conditions and Surrounding Land Uses The property is currently used for agricultural purposes. There are residential uses to the, east, south and southeast of the property. Public Comments One neighbouring resident had concerns about the effect of the light on the residential area nearby and may also have an effect on unique owls nesting nearby. The resident suggested the sign would be better placed farther down Thorold Stone Road., nearer to Thorold Townline Road. or Taylor Road. No other comments have been received from residents. Circulation Comments The Region of Niagara has issued a sign permit for this sign, provided that it is setback 10 m from the current road allowance. ANALYSIS Currently, a sign that is 100% electronic, would only be permitted in the Clifton Hill and Fallsview Sign districts. Amendments to the City’s Sign By-law have recently been approved by Council which allow Council to consider billboards that are 100% electronic message signs through the Sign By-law Amendment process. The subject property is designated Good General Agriculture in the Official Plan. The Official Plan also contains policies respecting signs, which state in part, that signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. Specifically, the Official Plan states that electronic signage should be carefully sited. Due to its illumination and display characteristics, electronic signage should be located such that impacts on vehicular and pedestrian traffic are minimized. The proposed sign will meet the required distance separation from another electronic sign previously approved by Council and located approximately 300 m easterly on the south side of Thorold Stone Rd. It is also noted that from the previous approval, the illumination effects will range from 0.0515 foot-candles (fc)* at 103 m (340 ft.) to 0.0053 foot-candles (fc) at 327 m (1,075 ft.) The Sign By-law regulates illumination 0.3 fc* above ambient light conditions at night and 0.5 fc above ambient light during the daytime. Therefore, if similar technology is used in this sign, it is anticipated that the light impact will be minimal at a distance of 614 m (2,014 ft.). No comments have been received from any other residents. *A foot-candle (or fc, lm/ft2, or ft-c) is a measurement of light intensity. Page 50 of 392 3 PBD-2021-11 March 23, 2021 The subject site is located approximately 500 m (1,640 ft.) from the intersection of Thorold Stone Rd and Garner Rd, so to lessen any impact to the residential uses located to the east, south and southeast, staff recommends the following condition:  That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential uses nor cause distraction to drivers along Thorold Stone Rd. It should be noted the number of billboard signs existing (151) still exceeds the maximum number allowed (141) once the existing static sign is removed from the corner of Bridge St . and Victoria Avenue. The benefit to the Corporation is the removal of one billboard (2 faces) from an area that is needed for reconstruction of an intersection and will compensate for the introduction of an electronic message centre sign in a different location. FINANCIAL IMPLICATIONS There are no financial implications. CITY’S STRATEGIC COMMITMENT One of the City’s strategic priorities is to support economic growth and development through streamlined business practices to meet both local and city-wide priorities. LIST OF ATTACHMENTS  Appendix 1 – Location Map  Appendix 2 – Proposed Sign Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle:gd Attach. S:\PDR\2021\PBD-2021-11, SBA-2021-001, North side Thorold Stone Road West of Garner Rd.docx Page 51 of 392 4 PBD-2021-11 March 23, 2021 APPENDIX 1 Location Map Page 52 of 392 5 PBD-2021-11 March 23, 2021 APPENDIX 2 Proposed Sign Page 53 of 392 6 PBD-2021-11 March 23, 2021 Page 54 of 392 NOTE:THISSKETCHISNOTAPLANOFSURVEYISITEPLAN.FORPROPOSEDBILLBOARDiPARTOFSTAMFORDTOWNSHIPLOT68CITYOFNIAGARAFALLSREGIONALMUNICIPALITYOFNIAGARAIIIIDETAILIII(NOTTOSCALE)1IISCALE1:1500402020080100metres60IJ.D.BARNESLIMITED©COPYRIGHT2021I(ROADWDEDLIMIT)PART1PLAN59R-11681TOWNSHIPLOT68i1«oI>**o<bOscrcr%WALKERINDUSTRIESHOLDINGSLIMITEDPIN64267-0169:£LUZ£*DC&<%-4OPROPOSEDBILLBOARDSEEDETAILc?120.04376.98(ROADWIDENING)JPART7PLAN59R-1176B5PART1PLAN59R-11681PART9PLAN59R-1176BtnREGIONALROADNo.57THOROLDSTONEROADinfO(REGIONALROAD-VARIABLEWIDTH)1CAUTIONDRAWNOTWCMCHECKEDCD(A)THISISNOTAPLANOFSURVEYANDSHALLNOTBEUSEDEXCEPTFORTHEPURPOSEINDICATEDINTHETITLEBLOCK.(B)THISSKETCHISPROTECTEDBYCOPYRIGHT.AHCN.D.BARNESS U R V E Y I N GDATED:FEB26/2021CMM A P P I N GL I M I T E DG I SQL A N DI N F O R M A T I O NS P E C I A L I S T S4318PORTAGEROAD-UNIT2,NIAGARAFALLS,ONL2E6A4T:(905)358-3693F:(905)358-6224wwjdbames.comRef.No.21-16-014-00UJOCLPage 55 of 392 Address: N/S Thorold Stone Rd. west of Garner Rd SBA-2021-001 Applicant: Vann Media Proposal: To permit relocated static billboard to be 100% electronic message centre billboard Page 56 of 392 Sign Colavecchia Residence Previously approved Electronic sign Bacon Residence Location Plan 614 m 88 m Page 57 of 392 A GREAT CITY…FOR GENERATIONS TO COME Background •January, 2021, Council authorized the relocation of billboard from the corner of Bridge St and Victoria Ave to the north side of Thorold Stone Rd, west of Garner Rd. •A sign by-law amendment is requested to permit a the 10 x 20 , billboard sign to be 100% electronic. •Property is designated Good General Agriculture •A 100% electronic message centre sign would not be permitted, hence the amendment to be considered by Council. •Public notice was circulated on March 1, 2021. Page 58 of 392 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •Official Plan: signs are a part of the streetscape and designed to complement the built form and character of the surrounding area. •electronic signs are to be sited to minimize impacts on vehicular and pedestrian traffic. •It is not out of character to have billboards on vacant agricultural lands that front arterial roads. Page 59 of 392 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The required 300 m distance separation from the nearest electronic message centre sign, on Thorold Stone Rd, has been achieved. •Two neighbouring residents had concerns about the effect of the light on their residences and on owls nesting in the area. •Sign By-law regulations re illumination are –0.3 foot-candles above ambient light conditions at night and –0.5 foot-candles above ambient light during the daytime. •As with similar applications along Thorold Stone Road, the use of dimming technology will minimize the impact on residential uses to the south, east and northeast, as well as the intersection of Thorold Stone Road and Garner Road. Page 60 of 392 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •Council approve the application to permit a 100% electronic message centre billboard sign on the north side of Thorold Stone Road, west of Garner Road, conditional upon the following: 1.The sign size and sign area of the sign to remain at 3.048 m x 6.096 m (10 ft. x 20 ft.) 2.That the sign be setback 10 m (33 ft.) from the existing Regional road (Thorold Stone Road), and 3.That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential uses nor cause distraction to drivers along Thorold Stone Road. Page 61 of 392 _ 3.0::m:Nm_:mmmno:A xmmsn5.3%.32%8.EBH3Es 49.u_m::.:mm3m=m nn183mo?m m:Emnnmagaanwacomio:._.:o_,oEmas»2 Ho”05.00:59;omZH.mmmBE? 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O:m32m_om_.mo:m_39m.EmElmamcmmmm?maSomme:aQ:mo.._<moqowmEmm.__,mm.n:63or: _umQ8o3ma2::mwas_:cump:05m.5.EmmEmm_ooHm::m_8n=m_.c_2op:m_mmcmagmu.2.8 «m_mxmmEmma2Emam<. _.mmE>3mEdmsEm:Emmammo_<m:oE@Emom.<<mEm<qmoam.8mm:or:325mmamn_o<<:m_Nm E8mo3mEEom3m=m...<<mSosa588cmmc_m8mm:ocwEo3mE:.33mx_3:3<m_cmmag<<m mwmoo:om3mo_Em”E_mwas33:mmm:<m_<Emmaoz:§o_omn<<m_:mmm<<m__mmEomm29: :m_m:_ooSm.OE.:o3m33cmo:m:53Eowocurwm?m‘GE9.:Noise5ammamszmr<<mvm< ~.mmam::m__o8nm:<Sxmmmam_.mm_Em"mwas9.EWgemSosaso.amoosmamamq3m:oEm_._ 3o_.mn_m:mm_<_oo_oc_m.5o_«mmEm::m_mwmm. ._.Emqmm_.mmm<m«m__oom:o:mm_o:©E_mEmasEm«mmwas?<_EoSQ6:m_m.Em:om3m3mvooca cmEm.B__mo_22.05wmEoQ=.mo»_<moaomm:03mv:<mHm?mmamzomman.<<mSmm:oocE©EmEm 0.2o?zmmmmqm_um__m?mnosmamamE_mumaoc_m:_oom:o:. m_:om«m_<_ ._m_.Oo_m<moo:_m Page 63 of 392 PBD-2021-12 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-12 AM-2020-007, Zoning By-law Amendment Application Applicant: City of Niagara Falls Proposed Zoning Amendment to Implement the Transit Station Area Secondary Plan RECOMMENDATIONS 1. That Council approve an amendment to Zoning By-law 79-200 for the Transit Station secondary plan area. 2. That subject to subsection 34(17) of the Planning Act, Council determine that the proposed changes to the by-law with respect to setbacks for tall buildings are minor in nature and that no further notice is necessary and pass the resolution regarding this matter included in tonight’s agenda. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council adopt a zoning amendment to implement the policies of the Transit Station Area Secondary Plan (OPA No. 125) approved in 2018. The policies of the secondary plan support transit supportive development and the creation of walkable neighbourhoods with a mix of uses, a range of housing choices and new employment opportunities. Adoption of the amendment will help accommodate the long term redevelopment of the Downtown area in anticipation of increased GO Rail service and ridership. BACKGROUND The City of Niagara Falls approved a secondary plan for the GO Transit Station Area in 2018 through Official Plan Amendment No. 125 to support full day GO Rail service by permitting transit supportive development. The vision for this area is a vibrant and complete neighbourhood that is walkable, has a mix of uses, new housing choices, new employment opportunities all with seamless integration between the existing VI A Rail Station, the Niagara Regional Transit Hub and the rest of Downtown area. Appendix 1 illustrates how the downtown could potentially evolve over time into an urban centre with the highest of heights and density concentrated closest to the GO station a nd with lower height limits at the periphery of the downtown. Page 64 of 392 2 PBD-2021-12 March 23, 2021 The policies of the Secondary Plan support a transit supportive neighbourhood with: • a mix of commercial and residential uses at a variety of heights so there are more people living and working within the downtown; • more housing opportunities with a range of housing needs including affordable housing; • an enhanced pedestrian environment that supports a walkable urban setting; • improved transit connectivity; • a mix of new uses and community facilities; • an attractive built form that complements the form, scale and character of the community; • improved streetscapes with public realm enhancements; • cycling facilities, linkages and new active transportation connections; and, • preserved access and viewing opportunities of the Niagara River. The Planning Act requires that Council must amend all zoning by-laws to ensure conformity to the City’s Official Plan. The intent of the proposed zoning amendment is to implement the Transit Station Area Secondary Plan which will accommodate the long term redevelopment of the Downtown area in anticipation of increased GO Rail service and ridership. The proposed Zoning By-law amendment will implement these policies by focusing on zoning changes in an area bounded by Bridge Street to the north, Morrison Street to the south, River Road to the east, and Victoria Avenue the west. PUBLIC AND STAKEHOLDER ENGAGEMENT Public consultation was initiated through an online presentation and survey on the City’s Let’s Talk Platform. The survey was open to the public between November 3 to 23, 2020 and a total of 169 responses were received. A summary of the comments received is attached as Appendix 2. A copy of the draft amendment was circulated and made available for public and agency review on January 22, 2021. An Open House was held on February 16, 2021 where 25 people participated and submitted oral comments. The Planning Act requires that a statutory public meeting be held for amendments to Zoning By-laws. A public meeting was held on March 2, 2021 to receive comments from the public. All comments received on the amendment through all forms of engagement have been reviewed, summarized and responded to by staff in Appendix 3. Appendix 3 also provides the reader with the public body/stakeholder who submitted the comment, the nature of the issue and whether a modification could or could not be supported to the amendment provisions or accompanying mapping. Significant issues that prescribed commenting agencies and stakeholders have identified in the review of AM-2020-007 are addressed under Planning Analysis. Page 65 of 392 3 PBD-2021-12 March 23, 2021 ANALYSIS/RATIONALE 1. Provincial Policy: A Place to Grow Plan The Planning Act requires City planning decisions to be consistent with Provincial Plans. Municipalities are leveraging transit investments to drive growth. The Province’s Growth Plan through Policy 2.2.4 directs municipalities to plan and design transit station areas to have transit supportive densities. OPA 125 and the implementing zoning fulfills this Provincial direction. 2. Niagara Region Official Plan The subject lands are to be designated Transit Station Area in the Region’s proposed Urban Structure that will be included in the Region’s new Official Plan. Supporting the arrival of all day GO Rail service with the introduction of transit supportive densities was a cornerstone of the Niagara 2041 Growth Strategy. The development of the Transit Station Area Seconda ry Plan was a collaborative effort between the City and Niagara Region and supports the overall direction of t he Region’s growth objectives. 3. Niagara Falls Official Plan The subject lands are contained within the Transit Station Plan Area as shown on Schedule A-5 Land Use of the City’s Official Plan and are designated Mixed Use 1 Downtown. The goal of the secondary plan was to develop the Downto wn as a transit supportive neighbourhood with attractive built form, safe and walkable streets with a diversity of housing typologies and a mix of uses. The proposed zoning by-law implements this prescribed vision as dictated by Part 5 Section 2, Policy 4.5 of the Official Plan. The secondary plan also contained design guidelines for the private realm that frames the specific regulations in the proposed zoning amendment and provides other general guidelines for future development. The Official Plan also designates several parcels of land in the secondary plan as Open Space. Where land designated Open Space is under private ownership it is not the intent of the Plan to have those lands remain so designated indefinitely or is it implied that the lands are free and open to the general public. Zoning Amendment The draft amendment proposes to amend the current Central Business Commercial (CB) Zone and add a CB2, CB3, CB4, CB4-1, CB5 and CB6 zones. The amendment includes:  A maximum retail floor area of 930 sq. m. (10,010 sq. ft.) in all CB zones;  Ground floor residential uses permitted on the ground floor within the CB3 – CB6 zones and within some areas of the CB2 zone; Page 66 of 392 4 PBD-2021-12 March 23, 2021  Varying height restrictions for each zone: 4 storeys for CB; 6 storeys for CB2, 8 storeys for CB3, 10 storeys for CB4 and CB4-1, 14 storeys for CB5 and 20 storeys for CB6;  Parking requirements at a rate of 1 space per dwelling unit, no minimum parking requirement for non-residential uses, and new requirements for bicycle parking;  New built form regulations regarding screening requirements for roof top materials and ground level parking (structure or ground level); and,  New definitions for amenity area, licensed establishment, nightclubs, and bicycle parking. Proposed Draft Amendment in More Detail The current Central Business Zone (CB) for the Downtown is to be replaced with CB, CB2, CB3, CB4, CB5 or CB6 Zones. The current Central Business Zone (CB) for the Downtown is to be retained on a portion of the area and new zones CB2, CB3, CB4, CB4-1, CB5 and CB6 are to be added. What stays the same?  all current land uses currently permitted in the CB Zone will continue as permitted uses in the existing and all new CB Zones  no parking required for non-residential uses  0 metre interior side yard setbacks  85% maximum lot coverage  Site specific zones What changes for all zones?  a maximum retail floor area provision of 930m2 (10,010ft2) would discourage big box stores and would promote a mix of commercial and residential uses  a reduction in parking requirements for multi-unit buildings from 1.4 spaces/residential unit to 1 space/residential unit to encourage walkable communities and use of public transit and GO Rail service What provisions are being added in zones CB2-CB6?  bicycle parking requirements to support alternative forms of transportation  amenity space requirements for residents in the form of outdoor or indoor spaces including roof top patios and terraces  increased lot frontage requirements for high rise development to encourage land consolidation and maximum development opportunities  minimum residential density of 50 units/ha to ensure intensification occurs and to create a residential market to fill vacant commercial space  maximum building lengths of 60 metres with ground floor glazing of 60% to avoid the ‘wall’ appearance of large buildings which discourage pedestrian traffic Page 67 of 392 5 PBD-2021-12 March 23, 2021  minimum ground floor heights and elevation for residential uses at grade  minimum setbacks for mechanical features from the building edge for aesthetic purposes; and,  the addition of built form regulations to ensure high quality development: - rooftop mechanical equipment to be located or screened from view of any abutting street; - the ground floor façade shall be equal to 75% or more of the measurement of the front lot line; - minimum setback of 6.0 metres for that portion of a building providing an access driveway to a parking area; - open balconies not covered by a roof or canopy may not project into any required yard; and, - no parking spaces or drive aisles on the ground floor of an apartment dwelling unless:  the ground floor has one or more permitted uses besides parking and the spaces are located entirely behind this use for the entire le ngth of the street line façade. Further, it should be noted that the status of existing uses is not affected by the proposed zoning changes. Site specific zones within the area are recognized and are allowed to continue. Appendix 4 outlines in further detail the specific permissions of each of the proposed CB zones. Significant Themes/Comments The significant issues that prescribed commenting agencies and stakeholders have identified in the review of AM -2020-007 are addressed below. Issue No. 1- Height The Transit Station Area secondary plan (OPA 125) was supported by a height strategy which had the highest of heights located in the immediate vicinity of the transit statio n with decreasing heights radiating outwards. The gradation in height was to position the highest of densities immediately closest to the transit station to reinforce walkability and transit usage. A change to the amendment to allow for greater or less height would entail revisiting the secondary plan and an Official Plan amendment which is beyond the scope of the zoning amendment before Council. As per any other high rise development in the City, the Official Plan requires light, shadowing, wind and other studies to be submitted in support of planning applications such as site plan control. Page 68 of 392 6 PBD-2021-12 March 23, 2021 Issue No. 2- Changes in Lot Regulations Concern has been raised that the changes in lot regulations (frontages, setbacks, etc.) through zones CB2 to CB6, inclusive, wou ld impose increased hardships on properties that wish to develop at current standards. The proposed regulations were designed to encourage lot consolidation for transit supportive densities and must be retained to implement the long term vision of the Transit Station Area. In response to the concern of property owners, Staff have added wording to the implementing zoning by-law to allow continued application of the CB Zone standards to development equal or less than 12 metres in height (the current maximum height provision of the CB Zone). An increase in height beyond 12 metres would require that the new provisions of the applicable CB2-CB6 Zones be met. It is noted that all uses currently permitted within the CB Zone are carried forward in all of the new CB zones. Issue No. 3- Loss of Parking Concerns have been raised with the loss of parking that could result from the redevelopment of the Market parking lot on Park Street known as Lot 10. The current CB Zoning of the property permits all uses under the CB Zone and would be continued under the proposed CB4-1 Zone. There are currently 328 municipal off street parking spaces in the Downtown which includes 118 spaces in the Market lot (Lot 10). Without the Market lot, the re would be 210 municipal off-street parking spaces. In response to all day GO Rail service, the City intends to construct a new municipal lot at Bridge Street that would result in an overall total 422-580 off street municipal parking spaces excluding the Market lot (lot 10). City Transportation Staff actively monitor parking in the Downtown and have identified a potential 48 additional parking spaces that could be developed on a gravel lot at Park and Zimmerman. The CB zone currently permits and will continue to permit a parking lot use on either public or privately owned land that will assist in meeting any increase in future demand. Issue No. 4 -Retail The Transit Station Area Secondary Plan and the implementing zoning re-emphasizes the notion that Queen Street is to remain the retail spine of the downtown with new residential to support the commercial uses. The maximum 930 square metre floor area regulation for commercial uses is proposed to support that notion and to encourage local serving commercial development. Should the demand for a larger format grocery arise over time with the increase of residents in the Downtown, the requirement may be revisited. Page 69 of 392 7 PBD-2021-12 March 23, 2021 Issue No. 5- Vacation Rentals The addition of a vacation rental use was originally included in the draft amendment circulated for stakeholder comment. However, a decision by the Local Planning Appeal Tribunal (LPAT) regarding an appeal to the City’s Vacation Rental Unit By-law (2018) has not yet been received. Accordingly the vacation rental use will be implemented in the CB Zone, including the CB2 to CB6 Zone, through the LPAT decision. The Vacation Rental Unit By-law would also include the licensing and parking provisions to be implemented. Issue No. 6- Tall Building Setbacks Building setbacks from property lines (front, side and rear yards) have been refined since the time of the public meeting for the CB4-1 zone and to incorporate increased services for the taller buildings to provide a greater setback between buildings on ad jacent properties above the podium level within the CB3-CB6 Zones. These changes are considered minor in nature and consistent with the image on Appendix 1, as presented at the public meeting. Section 34(17) of the Planning Act provides that where there is a change to the proposed by-law since the time of the Public meeting, Council must decide if the modifications outlined above are minor in nature and whether further notice is required. Therefore, Council is requested to determine that these changes are m inor and pass the resolution on tonight’s agenda. The requested changes are included in the by -law on tonight’s agenda for passing. Conclusion Staff is recommending the adoption of the amendment to Zoning By-law 79-200 for the Transit Station Area Secondary Plan. The zoning will implement OPA 125 which provided the vision and policy framework that over time, will result in substantial investment and redevelopment of the Downtown Area. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed amendment will have no direct financial implications for the City. CITY’S STRATEGIC COMMITMENT A By-law that implements the policies of the Transit Station Area Secondary Plan (OPA No. 125) which in turns supports full day GO Rail service is consistent with the City’s Strategic priorities of Vibrant and Diverse Economy, Diverse and Affordable Housing and Healthy, Safe and Livable Community. Page 70 of 392 8 PBD-2021-12 March 23, 2021 LIST OF ATTACHMENTS  Appendix 1 – Potential Build-out Scenario  Appendix 2 – Let’s Talk Niagara Falls Survey Summary  Appendix 3 – Summary of Comments Received  Appendix 4 – Zoning Amendment Outline Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer B.Dick:gd Attach. S:\PDR\2021\PBD-2021-12, AM-2020-007, City of Niagara Falls, Transit Station Secondary Plan.docx Page 71 of 392 9 PBD-2021-12 March 23, 2021 Appendix 1 Potential Build-out Scenario Page 72 of 392 10 PBD-2021-12 March 23, 2021 Appendix 2 Let’s Talk Niagara Falls Survey Summary Page 73 of 392 11 PBD-2021-12 March 23, 2021 Page 74 of 392 12 PBD-2021-12 March 23, 2021 Page 75 of 392 13 PBD-2021-12 March 23, 2021 Page 76 of 392 14 PBD-2021-12 March 23, 2021 Page 77 of 392 15 PBD-2021-12 March 23, 2021 Page 78 of 392 16 PBD-2021-12 March 23, 2021 Page 79 of 392 17 PBD-2021-12 March 23, 2021 APPENDIX 3 AM-2020-007 – Transit Station Area Comments Received Written Comments Received Author Date (2021) Submitted comment Staff Response Staff Action Nick Monachese 4488 & 4496 Bridge St Jacquelin Sieber Codey Kane Len McLean Theressa Roth Feb 24 Feb 24 Feb 24 Feb 26 Mar 2  Lack of financial impact on existing downtown property owners  Request for transition clause to protect the interest of property owners  Concern about the speed of amendment process  No financial impact studies done  Staff has considered the addition of wording within the implementing by- law to address concerns regarding existing development and new zoning requirements  The by-law will implement the approved policies of the Official Plan  The CB regulations will continue to apply to all development equal to or less than 12m in height across all zones. Development greater than 12m in height will need to meet the new regulations of the applicable zone. Emilio Raimondo Feb 19  With respect to cannabis requirements in the Downtown – how many more would be permitted and what impact would that have on the image of the Downtown?  Retail cannabis use must be considered as retail use and separation distances cannot be imposed by the City as per Provincial legislation.  No action Brian Sadusek 4674-76 Zimmerman Ave 4686 Zimmerman Ave 4700 Zimmerman Ave 4706 Zimmerman Ave 4701 River Road Feb 12  Questioning CB2 (6 stories) on his lands versus CB6 (20 stories) to the north.  Requesting a CB6 Zone on his lands.  The purpose of the zoning is to implement the approved Secondary Plan policies which have set a height strategy radiating from the Transit Station.  The 6 stories along River Road was set to respect the natural area of the gorge and to ensure a pedestrian scale along River Road.  A change to the CB6 Zone to allow greater height would entail revisiting the Secondary Plan which is beyond the scope of the zoning amendment before Council.  No action Jim McGarry Feb 11  Question about future expropriation by the City  The City has no plans to expropriate any lands to help implement the Transit Station Secondary Plan initiative  No action Page 80 of 392 18 PBD-2021-12 March 23, 2021 Author Date (2021) Submitted comment Staff Response Staff Action Shawn Hyde (River Road) Feb 8  Questioning CB2 (6 stories) on his lands versus CB6 (20 stories) to the north  The purpose of the zoning is to implement the approved Secondary Plan policies which have set a height strategy radiating from the Transit Station.  The 6 stories along River Road was set to respect the natural area of the gorge and to ensure a pedestrian scale along River Road.  A change to the CB6 Zone to allow greater height would entail revisiting the Secondary Plan which is beyond the scope of the zoning amendment before Council  No action Joedy Burdett 4480, 4502, 4478 and 4622 Bridge St Multiple submissions received on numerous dates  Has the City prepared a study of the financial liabilities to property owners of the zoning change?  Requested that his property, currently designated as Open Space, be zoned CB5.  Requested clarification on the0.95m elevation requirement for residential uses.  Inquired if a transition clause be used to continue current zoning for property owners.  Concerns raised regarding the speed of the amendment. Would like passage to be extended to spring or summer to allow for more participation (27 people at Open house).  Does the City have any intentions of building a parking garage?  Is there any interest in selling off the CN lands to adjacent property Owners?  Concerns raised with the perceived lack of details in the notice for the open house and public meeting.  4502 Bridge St, which is designated Open Space in the Official Plan, is not part of the proposed zoning amendment and will remain CB Zone.  The City has not undertaken a Financial Liability Study.  The implementing zoning by-law cannot zone Mr. Burdett’s Open Space lands contrary to the approved official Plan designation.  Staff responded that the elevation requirement was to provide a visual separation between the commercial and residential realms.  Staff responded that wording will be explored to address the concerns about the continuation of existing provisions for property owners.  The City is undergoing a parking study which will address the parking area and needs within the area  There are no plans to sell the CN lands for development – the OS designation of the Secondary Plan  No change to the current CB zoning for 4502 Bridge St.  No change to the lands designated Open Space in the Secondary Plan, the current CB Zone provisions remain.  The CB regulations will continue to apply to all development equal to or less than 12m in height across all zones. Development greater than 12m in height will need to meet the new regulations of the applicable zone. (legal non-conforming applies only when provisions have been changed) Page 81 of 392 19 PBD-2021-12 March 23, 2021 Author Date (2021) Submitted comment Staff Response Staff Action envisions a greenspace connection to the Downtown over these lands.  All public notification requirements and timelines under the Planning Act have been followed. (Concern on this issue has not been raised by any other members of the public or commenting planning professionals). Kevan Peters Feb 17  Support the zoning initiative as proposed  n/a Shelagh Mulligan 4671 River Road Feb 11  concerned with difference between 20 stories north of Queen and 6 stories south (at River Road)  worried about light and space impacts on her property  The purpose of the zoning is to implement the approved Secondary Plan policies which have set a height strategy radiating from the Transit Station.  The 6 stories along River Road was set to respect the natural area of the gorge and to ensure a pedestrian scale along River Road  Light, shadowing, wind and other studies are standard requirements for planning applications such as site plan control  No change to the proposed zoning and height restrictions as proposed in OPA 125. Shelagh Mulligan Feb 26  The CB Zone on the North side of Queen St., East of Erie Avenue is being proposed at 20 stories, while the South side of Queen St remains a CB 6 Zone at only 6 stories. This is extremely upsetting to our neighborhood as it will undoubtedly affect the enjoyment of our property and significantly devalue our homes and businesses in the process.  This Amendment came with a very short timeline for public input and would appreciate the City sharing all background  The height provisions are consistent with the Transit Station Secondary Plan policies.  The Transit Station Secondary Plan, was initiated with Niagara Region and various forums for public consultation were held with opportunity for public input.  The zoning amendment implements the Secondary Plan by applying the regulations that conform with the Plan’s vision.  The implementing amendment cannot address a change to the approved Official Plan Height Strategy.  Page 82 of 392 20 PBD-2021-12 March 23, 2021 Author Date (2021) Submitted comment Staff Response Staff Action studies completed with the resident affected by the proposed amendments for full transparency, along with additional time for us to review.  We request the City to look to revise the Zone to the South of Queen St., and East of Erie Avenue from CB 6 to CB 10 to at least match the North side. The heights for this proposal is totally out of character for the 4 blocks intended. zoning, the list goes on (no parking, land uses). The timeline until now presented to yourselves on council that are representing us residents.  Process appears rushed. IBI Group Jan 13  Explore alternatives to limiting retail floor space through design  Increase lot coverage from 85% to 100%  Recommend 0m setbacks from ultimate property limits  Recommend lot frontages of 9m for fine grain urban purposes  Recommend increased tower setback requirement from 12 to 14m tall buildings with 3m setbacks above this height  Recommend tower setback change between buildings on the same site from 25m to 20m, and from adjacent sites with no towers from 10m to 12.5m  The proposed zoning will implement the design guidelines of the approved OP  No action MHBC Planning Feb 26, 2021  Specific regulations requested for the redevelopment of 4342 Queen St. and the lands behind including height and parking provisions.  (attached to agenda)  The Intent of the general bylaw amendment is to implement the Transit Station Secondary Plan and not to deal with site specific zoning requests.  Site specific requests require specific supportive studies and detailed analysis and is beyond the scope of this amendment. Page 83 of 392 21 PBD-2021-12 March 23, 2021 Agency Comments Received Author Date (2021) Submitted comment Staff Response Staff Action Metrolinx Feb 12  Is there a timeline for zoning on the remainder of the Transit Station Secondary Plan Area that falls outside of the update  Request better clarity on draft schedule to differentiate between zones  No timeline at this time  Labels have been added to the draft schedule for legibility  Updates made to improve schedule readability Transportation Services Feb 1  Recommends the parking rate for residential units be set at 1 space/unit as opposed to 0.75 space/unit to limit potential overflow parking from new development  Support the inclusion of bicycle parking at the rates proposed  Staff agrees with the request  A parking rate of 1 space/residential unit has been included in the implementing by-law Zoning & Internal Planning Staff Feb 3, 2021 & ongoing  Technical comments re wording  Agree  Incorporated in the implementing zoning amendment Fire Services Jan 13, 2021  No comments, concerns or objections  n/a n/a Niagara Parks Commission Feb 25, 2021  No comments, concerns or objections  n/a n/a Niagara Region Feb 24, 2021  Supportive of the zoning amendment with additional options for the regulations.  Wording change options to clarify the regulations can be adopted in the amending by-law document.  Wording update as suggested is implemented in the zoning amendment. Page 84 of 392 22 PBD-2021-12 March 23, 2021 February 16, 2021 Comments Received 31 in attendance, some for observation only, no comments Presenter Submitted comment Staff Response Staff Action Joedy Burdett  Has the City prepared a study of the financial liabilities to property owners of the zoning change?  Requested that his property, currently designated as Open Space, be zoned CB5.  Requested clarification on the0.95m elevation requirement for residential uses.  Inquired if a transition clause be used to continue current zoning for property owners.  Would like passage to be extended to spring or summer to allow for more participation (27 people at Open house)  Does the City have any intentions of building a parking garage?  Is there any interest in selling off the CN lands to adjacent property Owners.  The City has not undertaken a Financial Liability Study.  The implementing zoning by-law cannot zone Mr. Burdett’s Open Space lands contrary to the approved official Plan designation.  Staff responded that the elevation requirement was to provide a visual separation between the commercial and residential realms.  Staff responded that wording will be explored to address the concerns about the continuation of existing provisions for property owners.  The City is undergoing a parking study which will address the parking area and needs within the area  There are no plans to sell the CN lands for development – the OS designation of the Secondary Plan envisions a greenspace connection to the Downtown over these lands.  Staff are confirming wording for the by-law amendment that will accommodate the concerns regarding future variance requirements.  No change to the lands designated Open Space in the Secondary Plan, the current CB Zone provisions remain. Frank Deluca  Questioned the intention for the railway lands - potential to sell off to adjacent owners?  Questioned the height limitations at the intersection of Bridge and Victoria Ave.  Where is the parking currently on the Old Market site to be accommodated if it is developed, would it limit new residential development along Queen St.  There are no plans to sell the CN lands for development – the OS designation of the Secondary Plan envisions a greenspace connection to the Downtown over these lands.  The 6 storey height provision was set in the Official Plan based on the distance between these lands and the actual GO Station as well as the small size of the existing lots in the area which would limit more intense development.  The comments regarding parking would be helpful during the undertaking of the City’s parking Study for the Downtown.  There is not proposed zoning changed to the lands north of Bridge St.  A parking rate of 1 space/residential unit has been included in the implementing by-law Page 85 of 392 23 PBD-2021-12 March 23, 2021 Presenter Submitted comment Staff Response Staff Action Roy Oei  Requested clarification on the drivers for building heights.  Height and density were predicated on the GO Train Station service to ensure ridership  No action Shelagh Mulligan  Questioned the height difference north and south of Queen at Zimmerman  Requested a copy of the Open House Presentation  The basis for the height in the Secondary Plan was distance from the Train Station, this by-law implements the Secondary Plan  A printed copy of the Secondary plan and Open House presentation was picked up by the applicant. n/a Mike Crough, IBI Group  Thank you for the presentation, will provide written comments  n/a n/a Michael Mulligan  Questioned the height difference north and south of Queen at Zimmerman  Have there been light studies for the impact of greater heights.  There are no amenities to serve residents (e.g. grocery stores)  Height and density were predicated on the GO Train Station service to ensure ridership  Each development will have to go through a site plan process which will require and examine light, shadow, wind, etc. studies.  No action Bob Jackson  Questioned the height difference north (20) and south (6) of Queen at Zimmerman  This area is not a tourist destination therefore parking is necessary.  Height and density were predicated on the GO Train Station service to ensure ridership  There is currently a City parking lot proposed on the south side of Bridge and Park Streets for GO customers  No action Eddy Pybus  A number of properties along Queen St. have residential units with limited parking spaces. If vacation rental units are permitted, how will parking be affected?  The vacation rental units and parking requirements will be those approved through the LPAT decision on the City’s Vacation Rental Unit By-law.  The Vacation Rental Unit use will be added upon receipt of the decision of the LPAT, parking is required at 2 spaces per rental unit Amie Chung, MHBC Planning  Clarification of the parking ratio was requested  Will there be any consideration for the reduction of parking within the Major Transit Station Area – the ratio may be high if ridership of BO is to be encouraged  Staff confirmed, that subsequent to internal review the ratio was modified from 0.75 spaces/unit to 1 space/unit  Reductions to the parking ration within the MTSA will be on a site specific basis and right now the City is striking a balance to reach the need for higher densities. There is always the opportunity to reduce the requirement in the future upon review  No action Page 86 of 392 24 PBD-2021-12 March 23, 2021 Presenter Submitted comment Staff Response Staff Action Cheryl Vanditelli  Will there be a cap to the number of vacation rental units  The cap will be consistent with the decision of LPAT regarding the Vacation Rental Unit By-law (proposed as one unit within an existing dwelling or residential unit  No action Carolyn Contento  Interested in the specific lot requirements (frontage, depth, etc.)  The specific requirements are within the draft zoning document on the Let’s Talk page and on the presentation which is available to be sent out.  No action Evan Sugden, Bousefields Planning  Will send format written request for future notifications.  Requested clearer delineation of Zones on the map as the colours were similar.  Are there any plans by the City for the expropriation of lands?  Staff are not aware of any plans for expropriation.  Mapping will be made clearer.  Zoning Codes as well as colours added to assist in the legibility of the map Bill Spartz  Clarification requested regarding the height permitted in the CB4 Zone (10 stories).  Requested to view the bicycle requirement slide again.  Is there any interest by the City in selling off the railway lands?  The height provision of the CB4 Zone confirmed and an explanation of the bicycle space requirements provided.  There is no interest in selling off the rail lands at this time.  No action Page 87 of 392 25 PBD-2021-12 March 23, 2021 March 2, 2021 – Public Meeting Comments Presenter Comment Staff Response Staff Action Sean Montemurro  Supportive, no comment  n/a  n/a Nicolino Monachese  Studies should have been done on impact of legal non-conforming status.  Staff are exploring wording to address the concern about legal non-conforming.  The CB regulations will continue to apply to all development equal to or less than 12m in height across all zones. Development greater than 12m in height will need to meet the new regulations of the applicable zone. (legal non-conforming applies only when provisions have been changed) Salome Torres & Joel Marier  Spoke in opposition of parts of the application citing concerns about the environment and protecting the land (ie preserving land appropriately).  The Secondary Plan does recognize lands under the Open Space designation which provides a connectivity from west to east.  No change to the proposed zoning provisions. Joel Marin  Supports redevelopment of the downtown  n/a  n/a Evan Sugden (Bousefields Planning)  Has provided written submission – the CB5 Zone is appropriate and implements the Secondary Plan.  n/a  n/a Frank Deluca  Offered development alternatives through a powerpoint presentation.  The proposed zoning implements the height regimen approved under the Transit Station Area Secondary Plan.  None taken Shelagh Mulligan  Concerned about the City not being transparent enough in the planning process and concerned about proposed setbacks.  The City has met and exceeded all Planning Act requirements with respect to public consultation.  Any new high rise development will have to go through a site plan process which will require and examine light, shadow, wind, etc. studies in order to minimize impacts on adjacent properties.  n/a Farhan Billoo  Supportive of the amendment but would like the railway strip to be offered to adjacent property owners for development.  The railway is identified as an open space connection, there are no plans through the zoning amendment to sell of portions to adjacent property owners  n/a Page 88 of 392 26 PBD-2021-12 March 23, 2021 Presenter Comment Staff Response Staff Action Patrick Fejer & Roy Oei, B & H. Architects  The by-law provides the correct balance with existing built structures and agrees with the density proposed for engaging pedestrian use and transit ridership.  It will introduce a new Gateway into the City.  The new densities will support a range of housing options  n/a  n/a Lynn Burdett  Spoke in opposition for the application citing concerns about Section 19 of the by-law.  Staff are exploring wording to address the concern about legal non-conforming.  The CB regulations will continue to apply to all development equal to or less than 12m in height across all zones. Development greater than 12m in height will need to meet the new regulations of the applicable zone. (legal non-conforming applies only when provisions have been changed) Adam Tian  Approves of the direction of the amendment and hopes it will spur local employment in new construction.  Supports the vision that the area needs and deserves.  n/a  n/a Jacqueline Sieber  Will there be expropriations?  Expropriations would only proceed if land is needed for the public good.  No action Joedy Burdett  Many concerns regarding the zoning change in terms of change in development regulations.  Staff are exploring wording to address the concern about legal non-conforming.  The CB regulations will continue to apply to all development equal to or less than 12m in height across all zones. Development greater than 12m in height will need to meet the new regulations of the applicable zone. (legal non-conforming applies only when provisions have been changed) Page 89 of 392 PBD-2021-12 March 23, 2021 APPENDIX 4 ZONING AMENDMENT OUTLINE CB Zone – 4 storeys Provisions of the CB Zone remain. CB2 Zone – 6 storeys Changes from the CB1 Zone: • Minimum lot frontage of 15m • Maximum building height 20m • Front yard depth: minimum 3m and maximum 6m • Minimum rear yard of 3m • Exterior side yard: minimum of 3m and maximum of 6m • Minimum density of 50 units/ha • Minimum amenity space of 20m2 per unit • Maximum building length of 60m of which 60% is glazing (on Erie & Queen Streets for CB2) • Minimum ground floor height of 4.5m • Mechanical setback a minimum of 3m from building edge • Minimum elevation of residential uses at grade 0.9m • Bicycle facilities to be provided CB3 Zone – 8 Storeys Changes from the CB2 Zone:  Minimum lot frontage of 20m  Minimum building height of 9m and maximum building height of 26m CB3 Page 90 of 392 CB4 & CB4-1 Zone – 10 Storeys Changes from the CB3 Zone • Minimum lot frontage of 30m • Minimum building height of 9m and maximum building height of 33m • Minimum setback of building above 12m in height of 3m in the CB 4 Zone • The amenity space for CB4-1 shall be 10m2 per residential unit CB5 Zone – 14 Storeys Changes from CB4 Zone  Minimum lot frontage of 40m  Minimum building height of 9m and maximum building height of 45m CB6 Zone – 20 Storeys Changes from CB5 Zone  Minimum lot frontage of 50m  Minimum building height of 9m and maximum building height of 66m CB4 CB5 C B 4 CB6 CB4-1 Page 91 of 392 March 23, 2021 To the Council of Niagara Falls, Concerning AM 2020-007. We have a problem. I cannot allow the amendment to pass as is without appealing it. I don’t want to do this, and I am writing to you to see if we can work this out. If we can't, this conversation is going to last a very long time. An appeal will tie this amendment up for almost two years, just look how long the vacation rental appeal is taking. I’ll start big and work my way down. This map shows the properties I own. The black are buildings. The blue is newly acquired and is currently a separate lot but it will be merged with the others, it is to be Zoned CB4. The green and pink are currently one lot, recently merged. The green is to be Zoned CB1. The pink is to be Zoned CB5. The grey is a City owned land that I have an easement over and am trying to buy from the City. The grey is to be Zoned CB5. I cannot allow my property to have four Zones on it. That is just not acceptable in any situation. Page 92 of 392 This map shows a sample concept of the development I envision. I am still refining it. The building at top right is my current 5 story business and dwelling unit. The building at the top left is the house demolished and a new 5/6 story building constructed. The building to the bottom is new 5/6 story construction. The blue are my future acquisition opportunities. This is a seventy unit build, both commercial and residential. The surface parking can also be converted to structured. Perhaps easemented out to adjacent property owners to allow better development. I was entertaining working with the City to see if they wanted some type of public washroom/amenity area at the south west corner, the slope on the property would require some altering to level the land for development and some type of structure could be built into the side of the property at the pathway level. Perhaps a right of way could also be granted so one of those maneuvering aisles could connect to Park St. to reduce traffic onto Bridge St. I have no intentions of ever building higher than 8 stories on the property. The best solution I have come up with is that my property be zoned CB4. I ask that Council work something out that this is possible. When that newly acquired property merges it will be one lot in compliance with CB4 Zoning. Page 93 of 392 City staff may have some apprehension and hesitation to allowing my property to be Zoned CB4. There is some contention that the green sections should eventually be OS Zone. Well there is wording both ways in the Official Plan. Arguments in my favorer would be along the lines that, These are no longer separate lots and are involve with a major develop proposal, they are currently Zoned CB1 and currently support development capabilities, City has stated they have no intentions to acquire the property, the value of the property and its potential is cost prohibitive to acquire, there is an alternate location available on the other side of my property which is land locked and undevelopable. I could come up with more with more time. There is no reason why the pink CB5 should not be CB4, this was an arbitrary line in the middle of a block. Just move it. All through this open house process City staff have been showing that small green lot as CB5. Now they show it as CB1. Did they think I would not notice this? If I did not ask for the new proposed amendment documents, and I had to ask twice for both new proposed amendment documents, this may have slipped through, this is very deceptive. Do they think they can just wave their hand and change the Zone boundaries without telling anyone? You compare that map to the original and tell me if you would have noticed that. It appeared that the "Grandfathering under 12 meters concept" had solved the instant non-conforming issue I have been yelling at you all this time and I was willing to overlook that some errors and mistakes may have been made with the proposal process but I am having second thoughts now. At the request of the Ombudsman Office I had contacted Ken Todd. Unfortunately I was not able to relay my concerns to him, perhaps I don’t know how to speak Chief Administration Officer language fluently enough. That was the final attempt to solve my complaint with the City before the Ombudsman considers investigating. I missed their call today, I now have to tell them that my complaint has not be resolved by the City and may wish to proceed further. I have also had several conversations with the Citizen Liaison of LPAT and have confirmed the timeline of an appeal process and the validity of my application. Page 94 of 392 One of my letters to LPAT was, (12) Before passing a by-law under this section, except a by-law passed pursuant to an order of the Tribunal made under subsection (26), (a) the council shall ensure that, (i) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council, and (ii) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law; and (b) in the case of a by-law that is required by subsection 26 (9) or is related to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under subclause (a) (i). 2006, c. 23, s. 15 (6); 2009, c. 33, Sched. 21, s. 10 (2); 2017, c. 23, Sched. 3, s. 10 (3). Can I appeal a City proposed Zoning Amendment on the grounds Council did not comply with the provision of the planning act highlighted in red above? This is just one of several provisions I was proposing in the appeal application, I just mention this one because it affects Council personally. Council members will have to account for not vetting staff personal and procedures and their actions or lack thereof. Page 95 of 392 Some of the smaller details now. The "grandfathering" of zones to CB1 for construction under 12 meters is really good. I'm not above giving credit where credit is due. But. I believe the wording implies that existing "over 12 meter" buildings result in the new zoning provision to take effect. Well that's not acceptable and yes, my building is over 12 meters. I acquired a minor variance for 14 meters back in the day. All these over 12-meter existing buildings need to be exempted until they build higher. If not, it makes them all non-conforming. No action was taken to deal with existing buildings, over 12-meters or expanded over 12- meters, with under 14.5-meter ground floor to floor height, again that's not acceptable and yes, my building has a ground floor height under 14.5 meters. It is 3.65 (12'), as are many multi-story buildings downtown. Existing multi-story buildings with under 14.5-meter ground floor buildings need to be exempted and only new construction over 12-meters should be required to comply. As I stated before you can’t just raise a multi-story building. At the time of writing this letter I have not received the new commercial parking requirements and parking analysis information the city used to determine the regulations. So, I will say this blindly. With the old regulations every 930 square meter retail store needed 40 parking spots. It is possible that there are going to be several of these especially near the transit station. 40 adds up to hundreds very quickly. Spread out over the downtown area it may not be so bad but when it gets concentrated, well nothing in excess is ever good. I don’t know what the other commercial uses parking regulations are but if they have been made "not required" the situation gets worse. Unlimited above ground multi-level office space requires an enormous amount of parking under current regulations. The argument may be given that City parking can accommodate this, or customers will not drive to these locations but the not driving does not seem to realistic. Again I don’t have the studies, another missing public information document I might add. Entertaining that City parking will accommodate this requirement. Who pays for the parking for these parking structures? I would suspect that in the past you could leverage this requirement to have developers build these structures or at least contribute to them, like your, in lieu of parkland dedication policy. Without that leverage can you still get the developers to contribute to these projects? Are you going to increase the DCs or use taxpayer’s money to subsidize these developers? Page 96 of 392 What happens if this does become a problem, like your motels wanting to become boarding houses, are you going to try and halt it. Meanwhile you have are ready grandfather the first ones that started the problem. The .9 meter above grade provision for ground floor residential is still there. “Because staff thinks it looks better” to have residential buildings looking different than commercial. This is a requirement meant for houses and there are to be no house in the downtown area. Old people and disabled people do not want to climb any stairs whatsoever. Stairs just for looks vs. people’s safety. You need to remove this. Also in combination with the ground floor height requirement now your requiring the second floor to be 15.4 meters off the ground. I hope for staffs sake this is mandated in some provincial, regional or municipal policy b ecause it needs to go. Façade needs to be defined. One might think it means building face facing a street, one might not. No action was taken to reduce the required façade % requirement to account for an access driveway. Not all properties will have side or rear access. Here is a comment to help city staff, there might be a loophole with the façade requirement. I'm guessing that the spirit of this provision is that the entire façade remains within the required front yard depth distances. I believe the current wording in the By-Law suggests that only a part of the building or structure needs to touch the front yard depth. If I am correct, they may want to change that. I’m sure I could come up with more with some time, but I must go to work now. I will leave you with this… I have watched City council on video, and I realize now you’re not experts in these matters, you learn as much as you want and rely upon city staff and public input. If I may put this amendment process into an automotive analogy. Council is the driver, the public are the passengers, the amendment is the car, the road is the process and city staff is the autopilot. You are relying upon the autopilot to navigate this car along a twisting mountain road, if you don’t take manual control very quickly that car is about to crash and burn and you’re not getting out of it. If you’re looking for whose fault it is, you merely have to look into a mirror. I am just one of the passengers in the car pointing out that there is a little red flashing button on the dash of the car alerting you there is a hairpin curve ahead. You’re the one in control. I’m just hoping you step on the brake and disengage the autopilot because all your passengers, me included are about to burn with you. Joedy Burdett Page 97 of 392 F-2021-21 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-21 Monthly Tax Receivables Report – February 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 February 28, 2021 were $27.3 million compared to $17.4 million in 2020. During February, tax receivables as a percentage of taxes billed increased from 18.4% in 2020 to 27.6% in 2021. The City’s finance staff has begun the collection process for properties that are subject to registration for 2021 as well as continuing the collection process for properties that were subject to registration for 2020. There are currently seven 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 2021 lags behind the collection history for 2020 for the month of February. Table 1 shows that taxes outstanding at February 28, 2021 are $27.3 million. This represents an increase from $17.4 million in arrears for the same period in 2020. 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 classes. Residential property taxes outstanding have increased by $2.6 million compared to February 2020 and commercial property taxes outstanding have increased by $9.0 million. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2021, 362 properties were subject to registration for 2021. Table 3(a) summarizes the progress of these actions after two months of activity. This table shows 50.8% of the tax accounts or 184 properties have been paid in full or the owners have made suitable payment arrangements. During February, 87 accounts were paid in full. Page 98 of 392 2 F-2021-21 March 23, 2021 Due to the COVID-19 pandemic, finance staff halted collection action for six months on accounts subject to registration in 2020. Table 3(b) summarizes the properties outstanding that were subject to registration in 2020 and finance staff continues to pursue collections. 61 properties remain from the 2020 listing, of which 36% or 22 properties have paid in full or made suitable payment arrangements in the month of February. Finance will continue collection action on these outstanding properties throughout 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 February, no properties were registered. The outstanding taxes for registered properties represents 0.3% 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 February 28, 2021 is 27.6%, which is an increase of 2020’s value at 18.4%. 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 February 28, 2021 Table 2 Taxes Receivable by Property Class at February 28, 2021 Table 3(a) Number of Properties Subject to Registration (as at January 1, 2021) Table 3(b) Number of Properties Subject to Registration (as at January 1, 2020) Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Ferguson Page 99 of 392 TABLE 1 Taxes Receivable at February 28, 2021 2021 2020 Outstanding Taxes @ January 31, 2021 23,113,795$ 13,368,170$ Taxes Billed and Due February 26, 2021 49,452,731$ 47,241,991$ Penalty/Interest charged in February 107,048$ 198,985$ Taxes Collected during February 45,404,471$ 43,398,763$ Outstanding Taxes @ February 28, 2021 27,269,103$ 17,410,383$ Taxes Billed and Due April 30, 2021 49,452,731$ 47,241,991$ Total Taxes to be Collected 76,721,834$ 64,652,374$ Outstanding Taxes by Year: 3 Years and Prior 2,564,148$ 1,676,597$ 2 Year 3,170,019$ 2,990,062$ 1 Year 13,844,979$ 7,337,642$ Current 57,142,688$ 52,648,073$ Total 76,721,834$ 64,652,374$ TABLE 2 2021 2020 Variance Taxes Owing Taxes Owing ($) Residential 37,847,260$ 35,233,200$ 2,614,060$ Multi-Residential 2,114,308$ 1,979,297$ 135,011$ Commercial 34,642,053$ 25,637,806$ 9,004,247$ Industrial 1,993,461$ 1,682,554$ 310,907$ Farmlands 124,752$ 119,516$ 5,236$ Total Receivables 76,721,834$ 64,652,374$ 12,069,460$ Taxes Receivable by Property Class at February 28, 2021 Page 100 of 392 TABLE 3 (a) Number of Properties Subject to % Registration as at February 28, 2021 Initial Amount (January 1, 2021)362 Paid in Full 106 29.3% Payment Arrangements 78 21.5% Ongoing Collection 178 49.2% Action Registered 0 0.0% 362 100.0% TABLE 3 (b) Initial Amount (January 1, 2020)61 Paid in Full 11 18.0% Payment Arrangements 11 18.0% Ongoing Collection Action 39 63.9% Registered 0 0.0% 61 100.0% TABLE 4 May 2021 2 68,880$ November 2021 1 22,143$ May 2022 4 76,511$ Totals 7 167,533$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 101 of 392 L-2021-05 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2021-05 Encroachment Agreement with the City 5528 Ferry Street and encroachments into the Allendale Avenue road allowance (La Pue International Inc.) Our File No. 2020-51 RECOMMENDATIONS 1. In the event that Council determines it is in the best interest to do so, that La Pue International Inc. be permitted to construct several tiebacks that will extend into the City’s road allowance, being a portion of Allendale Avenue, which abuts 5528 Ferry Street, for the purposes of construction of an underground parking structure under 5528 Ferry Street. 2. That the Mayor and City Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor be authorized to register the Encroachment Agreement on title to 5528 Ferry Street and the applicable parcel for the affected portion of Allendale Avenue road allowance in the Land Registry Office. EXECUTIVE SUMMARY La Pue International Inc. (the “Owner”) is the registered owner of 5528 Ferry Street (the “Property”), and, has requested that it be permitted to construct several tiebacks, that will extend into Allendale Avenue (the “Encroachments”), by way of entering into an Encroachment Agreement with the City. The tiebacks are necessary in order to construct two (2) levels of below grade parking under the Property for its development. BACKGROUND In April, 2019, City Council approved an amendment to the City’s Zoning By-law to permit a residential and commercial development on the former Cupolo’s Sports property on Ferry Street along with adjacent vacant properties to the south formerly known as 5510- 5526 Ferry Street, 5536 Ferry Street, 5916 Allendale Avenue and 5943 Stanley Avenue (now collectively known as 5528 Ferry Street). In January, 2020, a Section 37 Agreement for streetscape improvements along Allendale Avenue was entered into with the City in Page 102 of 392 L-2021-05 March 23, 2021 return for an amendment to By-law No. 79-200 for an increase in height to allow the development of a 7 storey mixed use building with 65 dwelling units and 893 square metres of commercial floor space; a 6 storey hotel with 148 rooms; and a 30 storey apartment building (or, subject to any required approval under the Planning Act, a height of not less than 22 storeys) with 285 dwelling units. In addition to the Section 37 Agreement, a Site Plan Agreement was entered into with the City in July, 2020, together with a Revitalization Grant Agreement in February, 2021, for the development. The excavation support system will consist of tied soldier piles and lagging with the tiebacks being placed at an angle of 25 degrees that are expected to vary in depth from between 2.0m to 12.0m maximum (with an estimated encroachment of approximately 6.0m under Allendale Avenue). Similar encroachments are also required from the Region for construction and tiebacks in part of the Ferry Street and Stanley Avenue road allowances. Municipal Works staff have reviewed the proposal in detail, and are satisfied that the temporary tiebacks will not negatively impact municipal infrastructure nor the roadway. The Encroachment will not extend beyond the area approved by the City, and, in accordance with permit drawings to be submitted and approved by both the Building Department and Municipal Works prior to commencing any work on the tiebacks. Upon completion of the concrete substructure for the proposed development, the tiebacks will be de-stressed and left in place beneath the road allowances. The Owner’s engineers have advised that when the tiebacks are left in place they will present no impact to the soil strength and stabilities and will present no restriction for any future construction by the City. Municipal Works have confirmed that the proposed tie-back locations are in no way expected to conflict with infrastructure within the municipal road allowance, yet any negligence due to improper installation causing damage to any existing utilities, infrastructure, or roadway will be duly covered insurance and will be the Owner’s responsibility to repair. 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. Section 600.03 requires the registration of a reference plan in order to assist the City in ensuring that no additions, alterations or expansions are made to the Encroachments, and, will provide subsequent purchasers/owners of 5528 Ferry Street effective notice of the encroachment types, locations, dimensions, terms and conditions. At this time, the Property is subject to a Land Titles Absolute Application, which has caused a delay in the registration of the reference plan for the encroachments. A copy of the draft reference plan is attached as Schedule “B”. Section 600.03 also allows for the payment of an annual fee to permit the Encroachments 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 2 Page 103 of 392 L-2021-05 March 23, 2021 by the City Solicitor, or, as further recommended by Staff and Council. 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 allow for the tiebacks to be constructed in the City’s road allowance under terms and conditions as approved by the City Solicitor, which would include our standard insurance and indemnity terms and that the restoration of the road allowance will be at the sole cost and expense of the Owner. It is noted that the Region has agreed to waive its requirement for a Letter of Credit/security with respect to any works occurring in its road allowances under its Encroachment Agreement. As such, Municipal Works and Business Development have supported the same arrangement wherein the City will also not require security. In addition to an agreement for the Encroachments, a Road Occupancy Permit will be required for the construction surrounding the encroachment areas. FINANCIAL IMPLICATIONS The Purchaser will be responsible for the costs relating to the reference plan and encroachment agreement. The encroachment agreement is necessary to commence construction of the underground parking structure of the proposed development. The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. CITY’S STRATEGIC COMMITMENT The proposal does not directly impact any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule “A” – Location Map for 5528 Ferry Street Schedule “B” – Draft Reference Plan for encroachments Schedule “C” – Site Plan Recommended by: Ed Lustig, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer Attachments 3 Page 104 of 392 L-2021-05 March 23, 2021 SCHEDULE “A” LOCATION MAP 4 Page 105 of 392 L-2021-05 March 23, 2021 SCHEDULE “B” DRAFT REFERENCE PLAN FOR TIEBACKS (PARTS 7 & 8) 5 Page 106 of 392 L-2021-05 March 23, 2021 6 Page 107 of 392 L-2021-05 March 23, 2021 7 Page 108 of 392 L-2021-05 March 23, 2021 SCHEDULE “C” SITE PLAN 8 Page 109 of 392 MW-2021-17 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-17 Victoria Avenue at Walnut Street Removal of Turn Prohibitions RECOMMENDATION That the turn prohibitions be removed from the intersection of Victoria Avenue and Walnut Street following the construction of the planning improvements on the Casino Niagara site. EXECUTIVE SUMMARY Turn prohibitions were put in place at the intersection of Victoria Avenue and Walnut Street to prevent drivers from entering the new outbound only approach at Casino Niagara. When the Casino driveway has been expanded and allow for two-way traffic, the turn prohibitions are no longer required. BACKGROUND When the Visitor Transportation System (WEGO) was planned, the blue line entered the Casino Niagara property via the Bender Street and Ontario Avenue intersection and exited through a new driveway onto Victoria Avenue directly opposite of Walnut Street. This access only allowed outbound drivers and its intersection with Victoria Avenue is signalized. The Casino will be reconstructing this driveway in April 2021 to permit both entry and exit. ANALYSIS/RATIONALE Given that the expanded driveway will allow for both inbound and outbound traffic, signs are that are present on Victoria Avenue and Walnut Street to advise drivers that they are not permitted to enter this access are no longer required. These include a left turn prohibition facing southbound drivers on Victoria Avenue, a right turn prohibition for northbound drivers on Victoria Avenue and a straight through prohibition for eastbound drivers on Walnut Street. Page 110 of 392 2 MW-2021-17 March 23, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The removal of the signs will be carried out by Niagara Region staff in conjunction with the traffic signal revisions. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study Area drawing Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 111 of 392 Victoria Avenue at Walnut Street Removal of Turn Prohibitions Casino Niagara Driveway being Converted to Two-Way (In & Out); Turn Prohibition Signs to be RemovedExisting Traffic Signal MW-2021-17 Page 112 of 392 MW-2021-18 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-18 Regulatory Sign Installations in New Subdivisions RECOMMENDATION That the regulatory signs outlined in this report be approved for the Forestview Estates subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the additional traffic and parking controls in the Forestview Estates subdivision. BACKGROUND Approval has been granted for the Forestview Estates subdivision. This neighbourhood is located southwest of the intersection of McLeod Road and Garner Road. The street system has been constructed and building permits have been issued for new homes to be built. Conditions have been imposed through the subdivision agreement for the installation of stop signs and a pedestrian crossover with stopping prohibited signs at the proposed park. ANALYSIS/RATIONALE A breakdown of the regulatory signs is as follows: Stop Signs That a stop sign be installed facing traffic: 1. Northbound on Matteo Drive, at McLeod Road; 2. Eastbound on Sherrilee Crescent, at Matteo Drive; 3. Westbound on Parsa Street, at Matteo Drive; 4. Eastbound on Jonathan Drive, at Matteo Drive; 5. Eastbound on Sherrilee Crescent, at Jonathan Drive; Page 113 of 392 2 MW-2021-18 March 23, 2021 6. Southbound on Matteo Drive, at Emily Boulevard; 7. Southbound on Parsa Street, at Emily Boulevard; and, 8. Eastbound on Emily Boulevard, at Garner Road. Pedestrian Crossover & No Stopping Signs That a pedestrian crossover with the required no stopping zone be established on the east intersection approach of Emily Boulevard and Parsa Street. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreements and have been paid in full by the developer. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 114 of 392 MW-2021-20 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Municipal Works - Operations SUBJECT: MW-2021-20 Drinking Water System Summary Report and Overview RECOMMENDATION That this report be received and filed. EXECUTIVE SUMMARY In accordance with the Safe Drinking Water Act, each Municipal Council having jurisdiction over its water distribution system is required to receive and publish an Annual Summary Report prior to March 31 in each calendar year. This report provides technical data regarding the system’s performance. Additionally, attached is the Drinking Water Quality Management System (DWQMS) Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy and effectiveness of the quality management system. The purpose of this report is to provide the Owners of the drinking water system documentation confirming that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all of its consumers. BACKGROUND Distribution System Summary Report Each year the Annual Summary report is presented to Council to illustrate the effectiveness and performance of the drinking water system. The attached Annual Summary report provides detailed quantitative and qualitative information regarding the performance of the drinking water system. Page 115 of 392 - 2 - MW-2021-20 March 23, 2021 Highlights of the report include: - In 2020 Environmental Services responded to 56 watermain breaks, in 2019 there were 82 watermain breaks. - In Q3 NSF-International performed a conformance audit on the City’s Drinking Water Quality Management System. Zero none conformances were found during the audit. This document has been attached to this report for reference. DWQMS Management Review Annually the DWQMS Management Review takes place; it provides an overall picture as to the effectiveness and adequacy of the Drinking Water Quality Management System. Items of note from the Management Review Include: - Compliance rating of 93% during 2020 Ministry of the Environment Conservation and Parks inspection. 7% was deducted from the City’s score due to a sample set being taken 8 days late. Staff recognized this at the time of the sample set being taken, and have adjusted internal control procedures. The MECP Inspector noted that the adjustment to internal control procedures have been made and were acceptable. - City Staff lead the efforts in creating a guidance document for business owners on how to safely re-open their facility after being closed due to COVID-19. Stagnant water in their plumbing could lead to serious health impacts, as well as mechanical considerations for closed facilities. This document was adopted by all local Municipalities in the Niagara Region as well as Public Health, providing a consistent message throughout our community. Standard of Care It is important to mention Section 19 of the Safe Drinking Water Act, entitled Standard of Care, this section states – The Owner and/or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached for reference. Page 116 of 392 - 3 - MW-2021-20 March 23, 2021 Water Loss and Water System Information The City recently completed a water loss audit for 2019 with final results being presented to Staff in early Q1 of 2021. This audit provided staff with a look at water system performance and how the City’s system fared against other water systems. The water industry is moving away from a percentage of lost water (bought vs sold), when reviewing the water system as a whole. While a simple lost water calculation can provide a quick snap shot at a system’s performance – it does not take into considerations all aspects of the water system. The water loss study provided the City with an ILI rating (infrastructure leakage index). ILI is an international water industry standard measurement of system performance. The ILI represents a measure of the combined performance of three infrastructure management methods for real losses: the speed and quality of repairs, active leakage control, and asset management under a certain average operating pressure. This calculation results in a rating, Niagara Falls’ water system rating for the 2019 study was 2.09. For comparison, in 2013 The City had a rating of 4.28. Below is a graph illustrating 33 Canadian Municipalities and their ILI rating compared to that of Niagara Falls. Page 117 of 392 - 4 - MW-2021-20 March 23, 2021 Water System Information As stated above the City had a reduced number of watermain breaks in 2020. The number of watermain breaks fluctuant annually based on a variety of factors including weather, ground water table and capital infrastructure projects. The graph below illustrates watermain break history over the past 10 years, it should be noted that the remaining Cast Iron watermains in the system are the major cause of watermain breaks and should continue to be the focus of capital replacement projects. Page 118 of 392 - 5 - MW-2021-20 March 23, 2021 Since 2010, the City has increased its overall length of watermain by 59 KM to a total of 480 KM. Although PVC is the predominate material type of watermain, from a system percentage perspective this value is skewed by the increase in new development since 2010. The City still has a significant portion of its watermains being of made of Cast Iron and Ductile Iron representing 47.5% of the overall system. With some portions of cast iron watermain being over 100 years old and still in active service, being counted on to providing residents with drinking water and support fire suppression in the event of an emergency. Page 119 of 392 - 6 - MW-2021-20 March 23, 2021 LEGAL IMPLICATIONS In accordance with the Safe Drinking Water Act, the Annual Summary Report must be received by the drinking water system owner by a date of no later than March 31 of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non-conformance with the Standard. CITY’S STRATEGIC COMMITMENT This report is to ensure adherence to Provincial Legislation and is consistent with the Council’s strategic commitment to continually monitor the efficiency and effectiveness of the City’s operations. ATTACHMENTS 1. 2020 Distribution System Summary Report 2. 2020 Annual System Report 3. Section 19 Standard of Care, Safe Drinking Water Act Recommended by: Erik Nickel, Director of Municipal Works Cast Iron, 28% Ductile Iron, 19.5% Asbestos Cement, 2% PVC, 50.5% PIPE MATERIAL Page 120 of 392 - 7 - MW-2021-20 March 23, 2021 Respectfully submitted: Ken Todd, Chief Administrative Officer J. Sticca Page 121 of 392 City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1, 2020 to December 31, 2020 Waterworks Number: 260002304 Created February 2021 Page 122 of 392 Table of Contents Introduction ........................................................................................................... 1 Waterworks Description ........................................................................................ 1 Compliance ........................................................................................................... 2 Municipal Drinking Water Licensing Program .................................................... 2 Safe Drinking Water Act .................................................................................... 3 Niagara Falls Water Quality Test Results .......................................................... 4 Adverse Water Quality Incidents and Actions.................................................... 4 Operational Activities ............................................................................................ 5 Flow Rates ............................................................................................................ 6 Definitions ............................................................................................................. 7 Page 123 of 392 Water Distribution Summary Report 1 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with a n annual summary report of actions that took place from January 1, 20 20 to December 31, 2020. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the Environment, Conservation and Parks. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a Class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 485 km of watermain, 3,087 fire hydrants and 4,970 valves owned and operated by the City of Niagara Falls. Additionally, there is 40 km of watermain owned and operated by Niagara Region. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website: http://www.niagararegion.ca/home.aspx Page 124 of 392 Water Distribution Summary Report 2 Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice O’Connor during the Walkerton Inquiry, the Ministry of the Environment introduced the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Permit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan.  Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions.  Drinking Water Quality Management System (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits.  Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The City of Niagara Falls has enlisted NSF International to act as the Quality Management System accreditation body.  Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water syste m. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2020, the City’s Drinking Water Quality Management System was audited for re- accreditation by NSF-ISR. Zero non-conformances were found during this audit, allowing the City to continue to receive accreditation meeting the requirements of the Safe Drinking Water Act, 2002. Page 125 of 392 Water Distribution Summary Report 3 Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 96 microbiological samples a month. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing free chlorine residuals are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. In 2020, the City was granted temporary relief from microbiological sampling, due to the Covid-19 pandemic. A minimum of 68 microbiological samples were performed monthly from April 2020 to December 2020, as approved by the Ministry. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by-product. The City takes these water samples from areas where the formation of THM would most likely occur. In 2018, a clarification to the Ministry guidance document for HAA sampling occurred, which will required the City to test for Haloacetic Acids (HAA) at two separate locations (previously one location) beginning in 2019, which was and continues to be satisfied. HAA similar to THM is a chlorine disinfection by-product. The City and Niagara Region keep in close communications regarding these test results. The Ministry of the Environment, Conservation and Parks has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment, Conservation and Parks to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sample numbers have been reduced to 20 resident samples, 4 distribution system samples and 2 non- residential samples as per Table 2 of Schedule D of the City of Niagara Falls Distribution System Municipal Drinking Water Licence. This must be done once between December 15 and April 15 and again June 15 to October 15, on an ongoing cycle. In 2020, the City was granted further temporary relief from lead sampling, due to the Covid -19 pandemic of 6 residential samples and 2 distribution samples per sampling period. This was achieved in 2020. All of the aforementioned samples, in accordance with the Act must be taken by an individual with a W ater Operators licence or a Water Quality Analyst licence . These licences are distributed by the Ontario Water Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Samples are then taken to a Ministry of the Environment , Conservation and Parks approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment Parks and Conservation and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions. Page 126 of 392 Water Distribution Summary Report 4 An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002 . Section 19 entitled, Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachment to the accompanying Council Report. Niagara Falls Water Quality Test Results Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli (E. Coli) CFU/ 100mL 0 1120 0 Indicates presence of fecal matter Total Coliforms CFU/ 100 mL 0 1120 0-71 Indicates the possible presence of fecal contamination Heterotrophic Plate Count (HPC) CFU/mL N/A 1120 0 – 110 Indication of overall water quality Chemical Analysis Trihalomethanes mg/L 0.10 mg/L 4 0.0162 - 0.0390 Average of Samples taken quarterly Haloacetic Acids mg/L 0.08 mg/L 8 0.0025 - 0.0075 Average of Samples taken quarterly Lead mg/L Residential and Non- Residential Plumbing 0.010 mg/L 14 <0.00004 - 0.01200 Lead services were used in construction prior to 1955. Distribution 0.010 mg/L 10 <0.00005 - 0.01260 City does not have lead watermain Disinfection Free Chlorine Residual mg/L 0.05 to 4.0 mg/L 1332 0.23 - 1.30 Level of disinfectant Adverse Water Quality Incidents and Actions Date Location Parameter Result Actions Date of Resolution 09/16/2020 4720 Homewood Lead 12.6 µg Replace service and resample 10/15/2020 10/14/2020 5460 Ferry Total Coliform 71 CFU/100 mL Flush and resample 10/20/2020 Page 127 of 392 Water Distribution Summary Report 5 In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment, Conservation and Parks regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. Additionally, the City has chosen to contact our local Ministry of the Environment , Conservation and Parks Inspector to share this information. These individuals are then faxed the same information that was shared verbally. To ensure water safety with a microbiological or chemical exceedance , the City immediately sends a member of staff to flush the nearest fire hydrant, and take additional water samples at the source of the AWQI. In addition, in the instance of a microbiological exceedance, City immediately initiates sampling upstream and downstream of the AWQI. This upstream/downstream sampling occurs for two consecutive days at minimum until the City receives verbal notification from the laboratory that the water samples are all clear. In the above table, the column “Date of Resolution” indicates the date in which the City has received copies of the laboratory results and submits the “Notice of Resolution” to the Ministry of the Environment, Conservation and Parks and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead level, but rather at the specific sample site. Possible sources of lead include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in their drinking water. Operational Activities In 2020, the City of Niagara Falls experienced 56 water main breaks, compared to 82 in the previous year. With all water main breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following Category 2 water main breaks, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. Page 128 of 392 Water Distribution Summary Report 6 Flow Rates 2020 Monthly Water Flow Rates (Mega Litres) Month Quantity (ML) January 1111.375 February 1085.985 March 1086.552 April 987.507 May 1142.771 June 1373.233 July 1678.408 August 1570.189 September 1315.257 October 1158.053 November 1063.776 December 1120.037 Total 14,693.143 Monthly Average 1,224.429 Daily Average 40.124 1 Mega Litre = 1,000,000 Litres Page 129 of 392 Water Distribution Summary Report 7 Definitions MAC - Maximum Acceptable Concentration This is a health-related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change. Revised January 2001. PIBS #4065e. Page 2.) mg/L - milligrams per litre (parts per million) cfu/100 mL - Colony Forming Units per 100 millilitres of sample µg/L - micrograms per litre (parts per billion) < - Less than > - Greater than Microbiological parameters (i.e. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Total Coliform - the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Escherichia coli (E. coli) - a sub-group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indication of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change) Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re-growth in the distribution system. Page 130 of 392 Water Distribution Summary Report 8 Trihalomethanes (THM’s) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Haloacetic Acid (HAA) - The Guidelines for Canadian Drinking Water Quality (GCDWQ) recommend a maximum acceptable concentration (MAC) of 0.08 mg/L for HAAs in drinking water, based on a locational running annual average of a minimum of quarterly samples taken in the distribution system. The reported HAAs value refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. HAA’s are a relatively new disinfection by-product. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plum bing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg/L. Page 131 of 392 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2020 Annual Drinking Water Report Page 1 of 5 OPTIONAL ANNUAL REPORT TEMPLATE Drinking-Water System Number: 260002304 Drinking-Water System Name: City of Niagara Falls Distribution System Drinking-Water System Owner: Corporation of the City of Niagara Falls Drinking-Water System Category: Large Municipal Period being reported: Jan 1 2020 – Dec 31, 2020 Complete if your Category is Large Municipal Residential or Small Municipal Residential Does your Drinking-Water System serve more than 10,000 people? Yes [X] No [ ] Is your annual report available to the public at no charge on a web site on the Internet? Yes [X] No [ ] Location where Summary Report required under O. Reg. 170/03 Schedule 22 will be available for inspection. Complete for all other Categories. Number of Designated Facilities served: Did you provide a copy of your annual report to all Designated Facilities you serve? Yes [ ] No [ ] Number of Interested Authorities you report to: Did you provide a copy of your annual report to all Interested Authorities you report to for each Designated Facility? Yes [ ] No [ ] Note: For the following tables below, additional rows or columns may be added or an appendix may be attached to the report List all Drinking-Water Systems (if any), which receive all of their drinking water from your system: Drinking Water System Name Drinking Water System Number Port Robinson 260049582 Bevan Heights Drinking Water System 260062452 Did you provide a copy of your annual report to all Drinking-Water System owners that are connected to you and to whom you provide all of its drinking water? Yes [X] No [ ] 3200 Stanley Ave Niagara Falls, Ontario L2E 6S4 Phone: 905-356-7521 Fax: 905-353-8612 Page 132 of 392 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2020 Annual Drinking Water Report Page 2 of 5 Indicate how you notified system users that your annual report is available, and is free of charge. [X] Public access/notice via the web [X] Public access/notice via Government Office [ ] Public access/notice via a newspaper [X] Public access/notice via Public Request [ ] Public access/notice via a Public Library [X] Public access/notice via other method Ad placed in newspaper same time as annual hydrant flushing notification Describe your Drinking-Water System The City of Niagara Falls purchases treated water from the Regional Municipality of Niagara. Surface water from Lake Erie is at the Region’s Niagara Falls Treatment Plant. Treatment consists of pre-chlorinated, conventional screening, coagulation, flocculation and settling followed by filtration, UV treatment and post chlorination. Treated water is distributed by the City of Niagara Falls through approximately 485 km of watermains ranging in size from 25mm to 600mm. Niagara Falls is connected to the Niagara-on-the-Lake distribution system via a 300mm watermain, located on Mewburn Rd, and the entrance to Bevan Heights . List all water treatment chemicals used over this reporting period N/A Were any significant expenses incurred to? [ ] Install required equipment [ ] Repair required equipment [X] Replace required equipment Please provide a brief description and a breakdown of monetary expenses incurred In 2020, approximately 3.659 km of watermain was installed at a cost of approximately $1,624,531.47 Provide details on the notices submitted in accordance with subsection 18(1) of the Safe Drinking-Water Act or section 16-4 of Schedule 16 of O.Reg.170/03 and reported to Spills Action Centre Incident Date Parameter Result Unit of Measure Corrective Action Corrective Action Date 09/16/2020 Lead 12.6 µg/L Replace lead service and resample 10/15/2020 10/14/2020 Total Coliform 71 CFU/100 mL Flush and resample 10/20/2020 Page 133 of 392 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2020 Annual Drinking Water Report Page 3 of 5 Microbiological testing done under the Schedule 10, 11 or 12 of Regulation 170/03, during this reporting period. Number of Samples Range of E.Coli Or Fecal Results (min #)-(max #) Range of Total Coliform Results (min #)-(max #) Number of HPC Samples Range of HPC Results (min #)-(max #) Raw Treated Distribution 1120 0 0-71 1120 0 - 110 Operational testing done under Schedule 7, 8 or 9 of Regulation 170/03 during the period covered by this Annual Report. Number of Grab Samples Range of Results (min #)-(max #) Turbidity Chlorine 1332 0.23 -1.30 Fluoride (If the DWS provides fluoridation) NOTE: Record the unit of measure if it is not milligrams per litre. Summary of additional testing and sampling carried out in accordance with the requirement of an approval, order or other legal instrument. Date of legal instrument issued Parameter Date Sampled Result Unit of Measure N/A N/A N/A N/A N/A Summary of Inorganic parameters tested during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Antimony Arsenic Barium Boron Cadmium Chromium *Lead Mercury Selenium Sodium Uranium Fluoride Nitrite *only for drinking water systems testing under Schedule 15.2; this includes large municipal non- residential systems, small municipal non-residential systems, non-municipal seasonal residential NOTE: For continuous monitors use 8760 as the number of samples. Page 134 of 392 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2020 Annual Drinking Water Report Page 4 of 5 systems, large non-municipal non-residential systems, and small non-municipal non-residential systems Summary of lead testing under Schedule 15.1 during this reporting period (applicable to the following drinking water systems; large municipal residential systems, small municipal residential systems, and non-municipal year-round residential systems) Location Type Number of Samples Range of Lead Results (min#) – (max #) Number of Exceedances Plumbing 14 0.00004 – 0.01200 mg/L 0 Distribution 10 0.00005 – 0.01260 mg/L 1 Summary of Organic parameters sampled during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Alachlor Aldicarb Aldrin + Dieldrin Atrazine + N-dealkylated metobolites Azinphos-methyl Bendiocarb Benzene Benzo(a)pyrene Bromoxynil Carbaryl Carbofuran Carbon Tetrachloride Chlordane (Total) Chlorpyrifos Cyanazine Diazinon Dicamba 1,2-Dichlorobenzene 1,4-Dichlorobenzene Dichlorodiphenyltrichloroethane (DDT) + metabolites 1,2-Dichloroethane 1,1-Dichloroethylene (vinylidene chloride) Dichloromethane 2-4 Dichlorophenol 2,4-Dichlorophenoxy acetic acid (2,4-D) Diclofop-methyl Dimethoate Dinoseb Page 135 of 392 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2020 Annual Drinking Water Report Page 5 of 5 Diquat Diuron Glyphosate HAA (NOTE: showing latest annual average) Jan 2020 - Dec 2020 5.24 μg/L 0 Heptachlor + Heptachlor Epoxide Lindane (Total) Malathion Methoxychlor Metolachlor Metribuzin Monochlorobenzene Paraquat Parathion Pentachlorophenol Phorate Picloram Polychlorinated Biphenyls(PCB) Prometryne Simazine THM (NOTE: showing latest annual average) Jan 2020 - Dec 2020 25.33 μg/L 0 Temephos Terbufos Tetrachloroethylene 2,3,4,6-Tetrachlorophenol Triallate Trichloroethylene 2,4,6-Trichlorophenol 2,4,5-Trichlorophenoxy acetic acid (2,4,5-T) Trifluralin Vinyl Chloride List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed in Schedule 2 of Ontario Drinking Water Quality Standards. Parameter Result Value Unit of Measure Date of Sample Page 136 of 392 Standard of care, municipal drinking water system 19. (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19 (5). Page 137 of 392 R&C-2021-04 March 23, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2021-04 Gale Centre Streaming Service RECOMMENDATION That Council authorize the Mayor and City Clerk to act on the behalf of the City to execute an agreement with GameOnStream Inc. (“GOS”) for live and on demand video streaming at the Gale Centre. EXECUTIVE SUMMARY Live streaming in recreation facilities has become a popular service for busy families with children in sports. During the last year of the pandemic, spectators have been limited or not permitted at times. The Recreation & Culture Department recommends negotiating an agreement with GOS to provide streaming services at the Gale Centre. BACKGROUND Recreation & Culture staff have been working with other municipal recreation departments throughout the Region during the pandemic to address various issues that have been affecting all of us. Live streaming is something that has been discussed over the last 6 months as a priority for families and user groups. A regional group of recreation staff was created to review streaming company proposals to determine the best fit as a Region. One of the municipalities has an agreement in place and another has begun the process to negotiate an agreement with GOS. ANALYSIS/RATIONALE There were a number of factors in deciding that GOS was the right solution for the Gale Centre. The intent is to utilize GOS in as many facilities in the Niagara Region as possible to allow our users to view various sports and activities in facilities throughout the Region for one subscription. Other factors include:  $0 cost to the City of Niagara Falls for supply and installation of cameras;  GOS is responsible for supplying own internet and all connections necessary; Page 138 of 392 2 R&C-2021-04 March 23, 2021  The ability to turn off cameras for events and programs not wishing to be streamed;  Reasonable cost to the client and the ability to view regionally;  There is a revenue opportunity which will be coordinated through the user groups as a benefit to them promoting this service to their clients. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There is no cost to the City of Niagara Falls to offer this streaming service. Users have the option to subscribe on a daily, monthly or yearly basis. The cost for this service is reasonable based on other streaming services reviewed. Staff has received feedback from Legal and Risk Management and will incorporate into the agreement with GOS. CITY’S STRATEGIC COMMITMENT Intelligent & Innovative City – provide customer-centric public services that leverage digital infrastructure to enhance the experience, and give residents and businesses better access to information. The streaming service at the Gale Centre will provide family members the opportunity to view activities and events. Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 139 of 392 February 26, 2021 Jeff Dixon Graham Morrison General Manager General Manager Meridian Centre St. Catharines Transit Commission 1 David S. Howes Way 2012 First Street Louth St. Catharines, ON L2R 0B3 St. Catharines, ON L2S 3V9 Sent via email: jdixon@meridiancentre.com Sent via email: gmorrison@yourbus.com Colleen Smith Ken Su Executive Director Chief Executive Officer FirstOntario Performing Arts Centre St. Catharines Public Library 250 St Paul St. 54 Church St. St. Catharines, ON L2R 3M2 St. Catharines, ON L2R 7K2 Sent via email: csmith@firstontariopac.ca Sent via email: qksu@myscpl.ca Re: Living Wage Certification Application Our File 10.10.99 Dear Mr. Dixon, Mr. Morrison, Ms. Smith and Mr. Su, At its meeting held on February 22, 2021, St. Catharines City Council approved the following motion: That Council approve the submission of the Living Wage Employer Application to the Ontario Living Wage Network; and That the Director of Corporate Support Services be directed to execute the Certification License Agreement; and That the City Clerk be directed to make the necessary notifications; and That the motion be circulated to the boards of the FirstOntario Performing Arts Centre, St. Catharines Transit and St. Catharines Library for consideration; and Further, that the motion be circulated to the local area municipalities. FORTHWITH A copy of Report CSS-024-2021, Living Wage Certification Application, is enclosed for your reference. Page 140 of 392 If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em cc Anne Coleman, Program Manager, Ontario Living Wage Network, manager@ontariolivingwage.ca Lori Kleinsmith, Niagara Poverty Reduction Network, lori.kleinsmith@bridgeschc.ca Jeanette Pillitteri, Director of Corporate Support Services Cindy Pfeffer, Organizational Development Consultant Niagara Area Municipalities Encl Report CSS-024-2021 -Living Wage Certification application Page 141 of 392 Corporate Report City Council Report from: Corporate Support Services, Human Resources Report Date: February 9, 2021 Meeting Date: February 22, 2021 Report Number: CSS-024-2021 File: 10.10.99 Subject: Living Wage Certification application Strategic Pillar: This report aligns with the following St. Catharines Strategic Plan pillars: social Recommendation That Council approve the submission of the Living Wage Employer Application to the Ontario Living Wage Network; and That staff be directed to execute the Certification License Agreement; and That the City Clerk be directed to make the necessary notifications. FORTHWITH Summary The City currently meets the requirements to become a Living Wage Employer at the Supporter level. To become certified the City must commit to a deadline when it will achieve the other levels. Following consultation with the Ontario Living Wage Network, staff will submit the City’s application with a target date of December 31, 2024 to meet both the Leader and Champion levels. Failure to meet this deadline could result in the removal of the City’s Living Wage Employer status. Relationship to Strategic Plan Ensuring employees of the City of St. Catharines and employees of businesses that provide services in City facilities are paid a living wage supports the Social strategic goal of building and supporting strong, inclusive neighbourhoods that provide high quality of life for residents of all ages. Page 142 of 392 Background At its meeting of November 10, 2020, City Council received report CSS-161-2020 on becoming a Living Wage Employer. At the same meeting, City Council approved the following motion: That staff be directed to develop a comprehensive compensation strategy for full- time and part-time non-union employees, which shall include achievement of Living Wage rates of pay for part-time non-union employees; and That staff be directed to seek certification at the "Supporter" level of becoming a Living Wage Employer; and That staff be directed to invite the Niagara Poverty Reduction Network to present before Council in Q1 2021. FORTHWITH Report Following Council’s direction, staff have prepared the application to become a certified Living Wage Employer (Appendix 1). As all of the City’s full-time staff are currently paid the living wage, the City of St. Catharines is already compliant with the requirements of the Supporter level. The current living wage for Niagara is $18.12. There are two other levels of certification: • Leader – All part-time employees are paid the living wage • Champion – Require all businesses who provide services in City facilities pay employees a living wage. Moving from Supporter to Champion by 2024 As part of the Living Wage certification application process, the City must provide a timeline for when the Leader and Champion levels will be achieved. The Ontario Living Wage Network (OLWN) has indicated an acceptable timeline is between three and four years. Based on this, the application sets December 31, 2024 as the target to meet the Champion level. By this date, all part-time employees must be paid the living wage and all new service contracts must contain a requirement that employees working in City facilities are paid the living wage. Not meeting target may lead to removal of certification Should the City fail to meet the 2024 deadline, OLWN may remove the City’s name from its list of Living Wage employers and will require to City to stop using the Living Wage Employer branding and logo. In cases where there are extenuating circumstances, it may be possible to extend the target past the 2024 date. However, OLWN has indicated it is ramping up efforts to remove employers who are not making progress in an effort to keep the certification meaningful. Report Page 2 of 3 Page 143 of 392 Financial Implications A detailed plan on how to move all part-time positions to the living wage will be part of the comprehensive compensation strategy for full-time and part-time non-union employees, which staff anticipate will not be completed until the end of 2021. The estimated cost to achieve living wage status, while addressing compression issues by increasing directly related positions, would be a $566,500 increase to the base operating budget. This would be in addition to the cost of addressing below market non- union salaries, which is estimated to be an additional $1.5 to $1.9 million to the base operating budget. Over and above the costs associated with raising wages, there will also likely be increased costs related to the requirement that service contractors pay their staff a living wage. This requirement would impact only new contracts or existing contracts when they come up for renewal. The largest of these would be the City’s contract with ASM Global (formerly SMG) to operate the Meridian Centre. Further investigation to inform financial estimates and impacts on the City will be required. Environmental Sustainability Implications There are no environmental impacts as a result of the recommendations in this report. Notifications Jeff Dixon, Meridian Centre General Manager, ASM Global Prepared by Cindy Pfeffer Organizational Development Consultant Natalie Kung Human Resources Representative Submitted by Don Breedon Manger, Human Resources Approved by Jeanette Pillitteri Director, Corporate Support Services Appendices 1. Appendix 1 -Ontario Living Wage Network Employer Certification Agreement Report Page 3 of 3 Page 144 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 Ontario Living Wage Network Employer Certification Licence Agreement AGREEMENT INFORMATION Agreement between: 1. ONTARIO LIVING WAGE NETWORK ("Licensor") 2. Company name Incorporated and registered in Company/charitable number Whose registered office is at ("Licensee") Background The City of St Catharines St Catharines, Ontario 11936 6813 St Catharines, Ontario ONTARIO LIVING WAGE NETWORK (OLWN) conducts its activities as a project of LIVING WAGE CANADA, a federally incorporated non-profit organization. The OLWN is responsible for the program under which employers can apply for Living Wage Employer Certification, to indicate that the company has adopted an equitable employment policy in relation to its staff in accordance with the minimum standards set out in this Agreement. INTERNAL ID: vl0222020 1 1 Page 145 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 1. Interpretation 1.1 'the Agreement Date" -the date on which both parties have signed this Agreement; 1.2 "Branding Guidelines" -the Licensor's branding guidelines in relation to the Trade Mark and/or the Program as amended from time to time; 1.3 "Employee" -all employees of the Licensee excluding the allowed number of trainee positions; 1.4 "Fee" -the applicable fee payable by the Licensee according to the fee structure in Schedule 2; 1.5 "Living Wage" -the Living Wage rate as set by the Ontario Living Wage Network 1.6 "Program" -the Living Wage employer certification program run by the Licensor as outlined in this Agreement; 1 . 7 "Trade Mark" -the trade mark set out in Schedule 1 and any marks which incorporate or are confusingly similar to them; 1.8 "Term" -the term commencing on the Agreement Date and continuing until termination under clause 6; 1.9 Direct Employees -permanent employees and contract staff who are on the payroll of the employer. 1.10 Indirect Employees or Externally Contracted staff -staff that many businesses use to provide services including contractors working on their own account and staff of a business contracted to do regular work for the organization on site. 1.11 Full-Time Employee -Any employee working 35 hours per week or more 1.12 Part-time Employee -Any employee working less than 35 hours per week 1.13 Trainee -A position where there is added benefit above and beyond the wage compensation. Threshold of no more than 10% of total staff team (20% for small non-profit organizations). 2. Licence 2.1 In consideration of the Fee and the Licensee's obligations under this Agreement the Licensor provides the Licensee with a non-exclusive, non-transferable license to use the Trade Mark for the Term to promote its adherence to the Program. 2 1 Page 146 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 2.2 The Licensee agrees and acknowledges that all intellectual property rights in the Trade Marks and/or in any mark or phrase produced in furtherance of the terms of this Agreement belong to the Licensor. 2.3 The Licensee shall not use any other trade marks confusingly similar to the Trade Marks and shall not use the Trade Marks as part of its publicity and/or corporate trading name except as authorised under this Agreement. 2.4 The Licensee shall comply strictly with any Branding Guidelines and all other reasonable directions of the Licensor regarding the form and manner and application of the Trade Marks . 2.5 The Licensee shall not do anything that brings the Licensor, the Program or the Trade Marks into disrepute . 2.6 The Licensor warrants that: 2.6.1 it owns the rights in the Trade Mark , is free to enter into this Agreement and has the right to grant the Licensee the rights granted in it ; and 2.6.2 the Licensee's use of the Trade Mark as contemplated under this Agreement will not infringe the rights of any third party . 3 . Fee Employer fees support the OLWN in their work to encourage employers in Ontario to pay a living wage and to highlight employers who have made the living wage commitment. The OLWN will keep an up-to date employer directory, share employer certifications through various media and regular newsletters. The OLWN will continue to build a strong branding so that the OLWN logo is widely recognized and of benefit to employers who have become certified. 3.1 The Licensee shall pay the Fee in accordance with Schedule 2 and this clause 3 . 3.2 The Fee shall be paid annually and will be payable within 28 days of receiving an invoice from the Licensor. 4. Licensee's Obligations Living Wage Supporter Level 4 .1 The Licensee shall meet the milestones set out in Schedule 3. 4.2 From the date of this Agreement, and subject to any amendments made to these conditions by the Licensor from time to time, the Licensee shall for all direct full-time employees: 4.2.1 pay employees not less than the living wage rate; and 4.2.2 increase the amount which it pays to affected Employees by the same amount as any increase to the appropriate Living Wage, within 6 months of the date on which any increase in the Living Wage is officially announced; and 4.2 .3 begin to raise the pay of all part-time , direct employees to the Living Wage. 3 1 Page 147 of 392 Ontari o Living Wage Network Employer Certifi cation Licence Agreement -2020 Living Wage Leader Level 4.3 From the date of this Agreement, and subject to any amendments made to these conditions by the Licensor from time to time , the Licensee shall for all direct full-time and part-time employees: 4.3.1 pay employees not less than the Living Wage ; and 4.3.2 increase the amount which it pays to affected Employees by the same amount as any increase to the appropriate Living Wage , within 6 months of the date on which any increase in the Living Wage is officially announced ; and 4.3.3 begin to assess all third-party service contracts for externally contracted (third party) employees that provide it with service on a regular basis to include a living wage clause ensuring employees are earning not less than the Living Wage. Living Wage Champion Level 4.4 From the date of this Agreement, and subject to any amendments made to these conditions by the Licensor from time to time , the Licensee shall for all direct and indirect employees excluding the allowed percentage of trainee positions: 4.4 . 1 pay employees not less than the Living Wage; and 4.4 .2 increase the amount which it pays to affected Employees by the same amount as any increase to the appropriate Living Wage , within 6 months of the date on which any increase in the Living Wage is officially announced. 4.4.3 The Licensee shall ensure to the extent permitted by law that any of its contractors which supply an employee (other than a 'trainee ') who provides a service to or on behalf of the Licensee involving 120 or more hours of work in a year on: 4.4.3.1 the Licensee 's premises ; and/or 4.4.3.2 property owned or occupied by the Licensee (including where the Licensee is a tenant and is provided building-related services through a Lease); and/or 4.4.3 .3 land which the Licensee is responsible for maintaining or on which it is required to work. 4.4.5 shall adopt the measures set out in clause 4 .2 and 4 .3 in relation to such individuals as if they were the Licensee's employees in respect of that employee's work for the Licensee. 5 Records and Compliance 5.1 The Licensee undertakes to provide the Licensor on reasonable request any information necessary for the Licensor to confirm that the Licensee is complying with its obligations under clause 4 . 5.2 If the Licensor is not satisfied with the information provided by the Licensee under clause 4.4 or has good reason to doubt whether the Licensee is complying with its obligations under clause 4 the Licensor shall be entitled to : 4 1 Page 148 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 5.2.1 Require that the Licensee provides reasonable evidence that clauses 4.2 and 4.34 are enforceable under all contracts of employment of directly employed staff (other than an apprentice or intern) and implemented by any Contractor to which clause 4.4 applies. 5.2.2 Contact and meet with any trade unions representing the Licensee 's or its contractor's employees in order to establish that the Licensee and/or its contractors have complied with the obligations in clause 4 ; and 5.2.3 Contact and meet with the Licensee's employees and/or contractors in order to establish that the Licensee and/or its Contractors have complied with the obligations in Clause 4 . 6 Termination 6.1 Either party may terminate this Agreement upon written notice effective immediately if the other party has committed a material breach of this Agreement and where such a breach is capable of remedy the other has failed to remedy such breach within 28 working days of receiving notice specifying the breach. 6.2 The Licensor may terminate this Agreement upon written notice effective immediately if: 6 .2 .1 the Licensee ceases or threatens to cease complying with Clause 4 or such other terms as the Licensor may reasonably stipulate from time to time as applying to all licensees of the Living Wage Employer mark; 6 .2 .2 the Licensor and/or the trustees of the Licensor in their sole discretion considers that any action taken by the Licensee brings or may bring the Licensor and/or any of its affiliates, members or group organisations, the Programme or the Trade Marks into disrepute; 6.2 .3 the Program ceases or is withdrawn or modified. 6 .3 Either party may terminate this Agreement without cause at any time upon 3 month's written notice. 7 Consequences of Termination 7 .1 On termination of this Agreement under clause 6.3 or by the Licensee under clause 6.1 the Licensee shall: 7 .1.1 within one month cease to use the Trade Mark on any materials in electronic form including on any websites. 7.1.2 within six months of the termination date cease all other use of the Trade Mark including on printed materials and at the request of the Licensor either return or destroy all the materials bearing the Trade Mark; 7 .1.3 immediately cease to print any materials bearing the Trade Mark; and 5 1 Page 149 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 7.2 The Licensor shall refund the Fee pro-rata in respect of the period of time in which the Licensee is no longer entitled to use the Trade Mark. 7 .3 On termination of this Agreement by the Licensor under clause 6.1 or 6.2 by the Licensor the Licensee shall: 7.3.1 within one month cease to use the Trade Mark; and 7 .3.2 at the request of the Licensor either return or destroy all the materials bearing the Trade Mark. 8 Licensor's Obligations 8 .1 The Licensor will keep an updated online directory and map of all employers in the Program. 8.2 The Licensor will recognize employers certified in the Program through various social media platforms and media alerts . 8.3 The Licensor will ensure the Living Wage is calculated on an annual or bi-annual basis. 8.4 The Licensor will continue to evaluate the impact of the Living Wage for employers, workers and communities in Ontario . 8.5 The Licensor will protect the integrity and reputation of the living wage employer certification program to the extent of its abilities . 9 Assigning and Sub-Licensing The Licensee shall not assign charge licence sub-licence or otherwise part with possession of the benefit or burden of this Agreement without the prior written consent of the Licensor. 10 Non-Waiver 11 No failure or delay on the part of either party to exercise any right or remedy under this Agreement shall be a waiver of such right or remedy. 12 Variation 13 This Agreement may only be amended in writing signed by authorised representatives of the Licensor and Licensee . 14 Entire Agreement 15 This Agreement represents the entire agreement between the parties concerning the subject matter of this Agreement, and supersedes all prior agreements, arrangements, negotiations and/or understandings between the parties. 6 1 Page 150 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 Ontario Living Wage Network Employer Certification Licence Agreement Schedule 1 - 6 Schedule 1 -Trade Mark livingwage.ca Schedule 2 -Certification Fees FEE (please place single tick where applicable) Organisation type Private sector Non-Profit and Public Sector Size of organisation* 501 or more 251 to 500 51 to 250 11 to 50 10 or less 251 or more 51 to 250 11 to 50 10 or less Annual Charge** $1,000 $800 $400 $200 $100 $400 $200 I $100 $50 * Sum total of all permanent full-time, part-time and contract staff. Does not include temporary or seasonal workers. ** HST is not charged, as per Canada Revenue Agency rules regarding non-profits corporations. ----- --- --- C=:J C=:J C=:J C=:J C=:J [L] C=:J C=:J C=:J 7 1 Page 151 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 Schedule 3 -Phased-in Implementation This section is relevant for employers who are undertaking phased implementation. Phased implementation means an employer is rolling the Living Wage out across contracts as they come up for renewal. Target Date Final Milestone Using Delivery Reasonable Endeavours Date 17 Incorporate living wage clause into Procurement Policy . 12/31/24 18 All part-time staff earn the living wage. 12/31/24 19 20 21 Schedule 4 -Living Wage Impact Monitoring It is important for us to be able to measure the impact of the Living Wage. This information will always be anonymised. General questions FuU-Time Part-Time Trainee 1. How many employed staff members in each 619.0 223.0 category does your organisation have in Ontario? 2. How many employed staff members in each 619.0 97.0 category earn at least the Living Wage? Impact 0111 directly employed staff 3 . How many full time directly employed staff members have had their wages increased as a result of the decision to implement the Living Wage? Total: 0.00 8 1 Page 152 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 4. How many part time directly employed staff members have had their wages increased as a result of the decision to implement the Living Wage? Total: 0.00 5. Before implementing the Living Wage what was the lowest hourly rate of pay for these staff members? Total: 14.25 Impact on third party contracted and subcontracted staff 6. How many contracted or subcontracted staff members have had or will have their wages increased as a result of the decision to implement the Living Wage? Full time staff 6 Part time staff 254 members members Schedule 5 CONTACT DETAILS Please provide details of the primary contact in your organisation. We will send this person confirmation of your certification and your receipt of payment. This person will also receive news and updates from us . We will not share your details with anybody else . Name Natalie Kung Job title Human Resources Representative St. address 50 Church St, PO Bx 3012 Postal code L2R 7C2 I City I St Catharines, Ontario Phone 905.688.5601 x1769 I Email I nkung@stcatharines.ca number In what region is your headquarters located? Niagara Do you have more than one office in Ontario? No How should your organis~tio_n's I The City of St Catharines name appear on any public lists: 9 1 Page 153 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 Signature of persons authorized on behalf of LICENSEE Date Print name Role Signature of persons authorized on behalf of LICENSOR Date Print name Role Head of Your Organization Please provide contact details for the Head of your organisation here , if different from above . We will use this for communications from the Program Manager and invitations to events. Name Job title Ema il Phone number FINANCE/RENEWALS Shelley Chemnitz Chief Administrative Officer schemnitz@stcatharines.ca 905 .688.5601 x1541 Please provide contact details for the person we should contact about the renewal of your certification in 12 months ' time, if different from above. Name Job title Email Phone number YOUR COMPANY LOGO Please return a high resolution image/vector file of your logo with this licence. We will add this to the Employers section of our website and other promotional materials where appropriate. 10 1 Page 154 of 392 Ontario Living Wage Network Employer Certification Licence Agreement -2020 Schedule 6 -Employer Webpage / Directory Listing and Social Media Accounts Certified living wage employers can, for the duration their certification remains active and up-to-date, be listed publicly in the following locations: Certified Living Wage Employer Directory at www.ontariolivingwage.ca/living wage employers directory Google map of all certified living wage employers LINK Public Twitter list of all certified living wage employers LINK A profile page at www.ontariolivingwage.ca/yourname Un-check any public listing in which you do not wish to be included. Addresses We can include only your registered address as provided to us on this licence, or we can include all your operating location addresses. Please send a spreadsheet document to craig@ontariolivingwage .ca with following column headings: I Branch Name* I Branch email * I Branch tel* I Street Address I City I Postal code *Items with an asterisk are not mandatory for inclusion. Please note, new certifications may take up to two weeks to appear on the interactive employer map. Profile Page Slug Indicate your desired web address for your profile page with us. All lowercase, no spaces, and no special characters aside from underscore: www .o ntari ol ivi n gwage .ca/ cityofstcatharines Your profile page can include a description of your bus iness or organization. You may reuse copy from your own website, or provide new content relating to your living wage certification as well. The City of St. Catharines strives to recognize and meet the diverse needs of its citizens , making the Garden City a great place to live for young and old , families and individuals alike. St. Catharines is a city that offers many amenities and opportunities to its residents. It is a place known for its friendliness , charm and pride -characteristics that stem from its identity as The Garden City . We recognize that our residents are our strength, cont ributing countless volunteer hours and other efforts to enhance the quality of life for their families and neighbours . The City of St. Catharines also shares in that commitment to make our community an inviting, progressive and desirable place to be . 11 1 Page 155 of 392 Ontario Living Wage Network Employer Certif i cation Licence Agreement -2020 Social Medial accounts twitter.com/ st catharines face book.com I cityofstcatharines website: www.stcatharines.ca Other accounts you'd like listed: https://www.youtube .com/user/citystcatharines https:/ /www. I inkedi n. com/ company/cityofstcathari nes/ https://www.instagram.com/cityofstcatharines/ 12 1 Page 156 of 392 THE CORPORATION OF THE CITY OF SARNIA City Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-3995 (fax) 519-332-2664 (TTY) www.sarnia.ca clerks@sarnia.ca March 4, 2021 The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Dear Premier Ford, Re: Colour Coded Capacity Limits At its meeting held on March 1, 2021, Sarnia City Council discussed the challenges local businesses are facing with respect to the colour coded system within the Province’s COVID-19 Response Framework. The following motion was adopted: That Sarnia City Council strongly advocate to the Province of Ontario that they adjust the capacity limits for dining, restaurants, sporting and recreational facilities, places of worship, event centers, and all retail/small businesses as part of the colour coded system. The following rationale was provided with the introduction of the motion:  The red zone currently only allows 10 people indoors at a dining or a sporting / recreational facility (regardless of the size), places of worship are capped at 30% or 50 people, and retail / small business is limited to a 50% capacity.  These businesses and organizations have heavily invested in facility improvements and expensive upgrades to ensure safe social distancing and have all the appropriate safety and protection measures in place.  Businesses in particular cannot properly plan under the current uncertainty and that means the loss of jobs and income for both workers and owners as well as mental health challenges. Page 157 of 392  Indoor capacity limits for restaurants, dining, sporting / recreational facilities, event centers, retail / small business, and places of worship should not involve arbitrary numbers (regardless of size), but instead be changed to the amount of people per facility which ensures that strict and safe social distancing can be maintained. Sarnia City Council has requested that all municipalities in Ontario join this advocacy effort. On behalf of Sarnia City Council, I look forward to your reply. Sincerely, Amy Burkhart Acting City Clerk Cc: All Ontario Municipalities Ms. Marilyn Gladu, MP Sarnia-Lambton Mr. Bob Bailey, MPP Sarnia-Lambton Page 158 of 392 Department of Corporate Services 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON L0S 1T0 905-468-3266 • Fax: 905-468-2959 www.notl.org February 26, 2021 SENT ELECTRONICALLY Regional Municipality of Niagara 1815 Sir Issac Brock Way, PO Box 1042 Thorold ON L2V 4T7 Attention: Ann-Marie Norio, Regional Clerk Dear Ms. Norio: RE: SUPPORT FOR WINE SECTOR Please be advised the Council of The Corporation of the Town of Niagara-on-the Lake, at its regular meeting held on February 22, 2021 approved the following resolution: WHEREAS the Ontario wine industry supports directly and indirectly over 18,000 full- time equivalent jobs; and Niagara is Ontario’s largest wine growing region responsible for over 90% of Ontario’s grape production; AND WHEREAS, with 2.4 million annual visitors, Niagara’s wine sector has developed unique experiential destination tourism, enhanced by the proximity to Niagara Falls; AND WHEREAS COVID-19 has had significant impacts on Ontario’s wine industry – a key contributor to Niagara’s economy and tourism sector; AND WHEREAS to build back a stronger, more sustainable economy, there is a need to unlock the potential of Ontario’s grape and wine industry. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Region calls on the Province of Ontario to create a level playing field and to provide Ontario’s entrepreneurial wine industry with opportunities to invest more into innovation and job creation while providing consumer choice and convenience for the purchase of Ontario wines; 2. That the Province be urged undertake the following: a. Eliminate the 6.1% tax applied to VQA (100% Ontario-grown) wines on sales in the 2021 Budget; b. Enable Ontario wines to offer direct delivery, with margin, to grocery stores; c. Establish long-term VQA wine support programs at the LCBO that would increase shelf space for VQA wines and; d. Eliminate import taxes on 100% Ontario VQA wines Page 159 of 392 3. That this motion be circulated to municipalities in Niagara, Premier of Ontario, Minister of Finance, and Minister of Agriculture, Food and Rural Affairs. If you have any questions or require further information please contact our office at 905- 468-3266. Yours sincerely, Peter Todd, Town Clerk Cc: The Honourable Doug Ford, Premier of Ontario premier@ontario.ca The Honourable Peter Bethlenfalvy, Minister of Finance peter.bethlenfalvy@pc.ola.org The Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs ernie.hardeman@pc.ola.org Local Area Municipalities Page 160 of 392 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca March 4, 2021 CL 4-2021, February 25, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY Re: Schedule 6, Bill 197, COVID-19 Economic Recovery Act, 2020 Regional Council, at its meeting held on February 25, 2021, passed the following resolution: WHEREAS Schedule 6 of Bill 197, COVID-19 Economic Recovery Act, 2020 considers amendments to the Environmental Assessment Act relating to municipal autonomy and the principle that municipalities can veto a development outside their municipal boundary in an adjacent municipality; WHEREAS Bill 197 empowers multiple municipalities to ‘veto’ development of a landfilling site within a 3.5 km zone inside the boundary of an adjacent municipality; WHEREAS Bill 197 establishes a dangerous precedent that could be expanded to other types of development; WHEREAS Bill 197 compromises municipal autonomy and the authority of municipal councils to make informed decisions in the best interest of their communities and municipal taxpayers; and WHEREAS amendments in Schedule 6 could cause conflict in the effective management of landfill sites, put significant pressure on existing landfill capacity, and threaten the economic activity associated with these sites. NOW THEREFORE BE IT RESOLVED: 1. That while the Region of Niagara supports the Act’s open-for-business approach, the municipality CALLS upon the Government of Ontario (Ministry of the Environment, Conservation & Parks (MOECP) to amend Bill 197, COVID-19 Economic Recovery Act, 2020, to eliminate the development approval requirement provisions from adjacent municipalities and that the ‘host’ Page 161 of 392 Schedule 6, Bill 197, COVID-19 Economic Recovery Act, 2020 March 4, 2021 Page 2 municipality be empowered to render final approval for landfills within their jurisdiction; 2. That a copy of this motion BE FORWARDED to Premier Doug Ford, Jeff Yurek, Minister of Environment, Conservation and Parks, Steve Clark, Minister of Municipal Affairs and Housing, local M.P.Ps., and the Association of Municipalities Ontario (AMO) and; 3. That a copy of this resolution BE FORWARDED to all Ontario municipalities with a request for supporting motions to be passed by respective Councils and copies of the supporting motion be forwarded to Premier Doug Ford, Jeff Yurek, Minister of Environment, Conservation and Parks, Steve Clark, Minister of Municipal Affairs and Housing, local Members of Provincial Parliament, and the Association of Municipalities Ontario (AMO). In accordance with the resolution, it is respectfully requested that your municipality consider passing a supporting resolution to be forwarded to Premier Doug Ford, Jeff Yurek, Minister of Environment, Conservation and Parks, Steve Clark, Minister of Municipal Affairs and Housing, local Members of Provincial Parliament, and the Association of Municipalities Ontario (AMO). Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2021-043 Distribution List: All Municipalities in Ontario Page 162 of 392 February 18, 2021 Mayor Jim Diodati Mayor – Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E – 6X5 Via email – jim.diodati@niagararegion.ca Re: Long-term Care Crisis in Ontario Dear Mr. Mayor: I am writing on behalf of the over 6000 members of the C.A.R.P. (Canadian Association of Retired Persons) Niagara chapter of which you’re riding is part off. We are advocating, as one voice, for immediate action to deal with the life and death situation that our long term care facilities/residences are exposing our elderly, not only in the Niagara Region, but throughout Ontario and Canada as well. With the eruption of COVID-19, problems have escalated at long term care facilities, even though all LTC (both for profit & government run) are guided by and accountable to the Ministry of Health and the Ministry of Long Term Care. This inconsistent standard of care across the province is only part of the problem. During the summer, the Canadian Military issued the shocking report describing the appalling conditions found in LTC facilities. This would have been an opportunity for inspections from both the Ministry of Health/Ministry of Long-Term Care and the Ontario Government to show respect and accountability to the people of Ontario. The 2nd wave has brought more deaths and a 40% or more increase in the outbreaks. The elderly are paying for this suffering with their lives. The solution is multi-faceted and it takes everyone to be accountable and responsible in order to get ahead. Fortunately, the vaccination is a great part of the solution to help the residences live. However, we are hopeful that our health care system will get the focus, attention and repair that is required to address these dramatic issues. ½ Page 163 of 392 As an elected representative for Niagara, your participation is critical in saving countless lives as the pandemic continues and there are safer, updated facilities. This is an opportunity for you to engage with seniors in your community, on how you will be a champion for protecting residences in long term care. Everyone should be putting the health and lives of its people ahead of anything else, especially when it comes to the most cherished, our elderly. C.A.R.P. and the Niagara Chapter are here to guide and support specific actions that you and other government officials take toward solving our elderly crisis. Looking forward to your response. Sincerely, John Meguerian, President, C.A.R.P Niagara John Meguerian 905-931-3863 2iagara@carp.ca Ursula Hudson, Advocacy Committee, C.A.R.P. Niagara Ursula Hudson 905-320-9054 ursulahudson.carp@gmail.com Hard Copy to Follow 2/2 Page 164 of 392 PDS 1-2021 February 17, 2021 Page 1 Subject: Natural Environment Work Program – 2nd Point of Engagement Report to: Planning and Economic Development Committee Report date: Wednesday, February 17, 2021 Recommendations 1. That Report PDS 1-2021 BE RECEIVED for information; and 2. That Report PDS 1-2021 BE CIRCULATED to the Local Area Municipalities and the Niagara Peninsula Conservation Authority (NPCA) Key Facts  The purpose of this report is to present a summary of the 2 nd Point of Engagement for the Natural Environment Work Program, including input received, which has recently been completed in support of the new Niagara Official Plan.  A decision on the final preferred option for the Natural Heritage System (NHS) and Water Resource System (WRS) is not being requested at this time. That will be requested from Committee and Council as part of the Joint Consolidated Official Plan Report to be considered in April 2021.  Based on the input received – additional analysis of each of the NHS and WRS options in each of the urban areas of the Region is currently being undertaken by Staff with the support of the Consultant team. The results of this additional analysis will be used to inform the decision on the final preferred options.  The full report entitled “Natural Environment Work Program: Consultation Summary Report – 2nd Point of Engagement” prepared by the Consultant team is attached to this report as Appendix 1. Financial Considerations The ongoing costs associated with the current Natural Environment Work Program are accommodated within the Council approved project budget for the Niagara Official Plan. Page 165 of 392 PDS 1-2021 February 17, 2021 Page 2 ______________________________________________________________________ Analysis The 2nd Point of Engagement is Phase 5 of the Natural Environment Work Program - Consultation on Options for the Natural Systems. The following is an overview of the activities undertaken and a summary of the input received. List of Consultation Activities Conducted The following activities were undertaken as part of the 2nd Point of Engagement: Date Activity July 15, 2020 Presentation to Planning and Economic Development Committee (PEDC) (PDS 26-2020) August 28, 2020 Introduction Presentation to Area Planners September 11, 2020 Meeting with Port Colborne Planning Staff September 14, 2020 Meeting with Niagara Falls Planning Staff September 15, 2020 Meeting with St. Catharines Planning Staff September 16, 2020 Presentation to Provincial Planning Staff (MMAH, MNRF, & MECP) September 16, 2020 Presentation to Niagara Escarpment Commission (NEC) Staff September 16, 2020 Presentation to Planning Advisory Committee (PAC) September 17, 2020 Presentation to Niagara Peninsula Conservation Authority (NPCA) Board September 18, 2020 Meeting with Lincoln Planning Staff September 18, 2020 Stakeholder Workshop – Development Community & Planning and Ecological Consultants September 21, 2020 Meeting with Wainfleet Planning Staff September 21, 2020 Meeting with Fort Erie Planning Staff September 21, 2020 Stakeholder Workshop – Agricultural Community Page 166 of 392 PDS 1-2021 February 17, 2021 Page 3 ______________________________________________________________________ Date Activity September 22, 2020 Meeting with West Lincoln Planning Staff September 22, 2020 Stakeholder Workshop – Environmental Stakeholder Groups September 23, 2020 Meeting with Grimsby Planning Staff September 23, 2020 Virtual Public Information Centre 1 (Natural Heritage System) September 24, 2020 Presentation to NPCA Public Advisory Committee September 24, 2020 Virtual Public Information Centre 2 (Water Resource System and Watershed Planning) September 25, 2020 Meeting with Pelham Planning Staff September 25, 2020 Presentation to the Agricultural Policy and Action Committee (APAC) September 28, 2020 Meeting with Welland Planning Staff September 29, 2020 Presentation to NPCA Staff September 29, 2020 Presentation to Niagara Parks Commission (NPC) Staff September 29, 2020 Meeting with Thorold Planning Staff September 30, 2020 Participate in Trout’s Unlimited 12 Mile Creek Subwatershed Study Meeting October 1, 2020 Meeting with Niagara-on-the-Lake Planning Staff November 19, 2020 Presentation to Team Niagara December 11, 2020 Meeting with Mississauga of the Credit First Nation Staff In addition to formal planned activities – numerous other submission were made by members of the pubic and other stakeholders through e-mail, the Region’s website, and delegations and submissions to Committee and Council. Several formal letters were also received from industry groups in the Region. A copy of all submissions and other correspondence received is included as part of the attached Consultation Summary Report. Page 167 of 392 PDS 1-2021 February 17, 2021 Page 4 ______________________________________________________________________ Summary of What We Heard Through the 2nd Point of Engagement there were a range of opinions expressed and comments made related to the options for the NHS and WRS to be implemented as part of the new Niagara Official Plan. It is clear that there is no consensus on which option best meets the needs of all stakeholders in the Region over the long-term. There are differing land use planning priorities among the range of stakeholders engaged and consulted. There was a general understanding amongst most participants on the interconnectedness of policy sections of the new Official Plan and that natural environment protection plays an important role in outlining where growth can and cannot occur. What we heard can be briefly summarized as follows. For complete details, please see the attached Consultation Summary Report. Local Planning Departments:  No consensus on what is the preferred option in Niagara. Range of opinions and input received is reflective of the diversity of communities and priorities across Niagara.  Generally speaking, prefer an approach that recognizes the inherent balance between a range of land uses.  Request that additional analysis of options be undertaken in urban areas to inform decision-making on preferred option. Agricultural Community:  Prefer an option that reflects the primacy of the agricultural system over the natural heritage and water resource systems.  Request that agricultural drainage and irrigation systems be excluded from the natural heritage and water resource systems. Development Community:  Concerns expressed with options that go beyond minimum provincial standards, including decreasing housing affordability in the Region and reducing the amount of developable land within urban areas. Page 168 of 392 PDS 1-2021 February 17, 2021 Page 5 ______________________________________________________________________  Reinforced the need for flexibility, site specific analysis, and local decision - making.  Suggestion for additional analysis in urban areas to inform decision-making on preferred option. Environmental Stakeholder Groups:  Prefer an approach which prioritizes natural heritage and environmental protection in the Region.  Prefer an approach where natural environment planning in the Region is primarily a science-based exercise. Public:  A range of comments received, but generally speaking, prefer an approach with the highest number of optional features and areas to be included in the NHS and WRS.  Request for goals and objectives to be included as part of the final NHS and WRS.  Biodiversity loss and climate change were identified as highly important issues. Key Themes and Discussion The attached Consultation Summary Report prepared by the Consultant team identifies six key themes that emerged through the 2nd Point of Engagement. Three of the themes are related to the identification of the preferred option for the NHS and WRS and three of the themes are more generally related to the overall Natural Environment Work Program. These themes are summarized in the tables below. To Inform the Identification of the Preferred NHS and WRS Option Key Theme: Discussion and Implications: 1. Balanced Land use Planning: Protection of the Natural Environment and Opportunities for Growth  A range of opinions and comments were received – from increased environmental protection to concerns regarding the ability to accommodate growth, and affordability in the Region.  The range of opinions and comments speak to the need for a natural environment system Page 169 of 392 PDS 1-2021 February 17, 2021 Page 6 ______________________________________________________________________ Key Theme: Discussion and Implications: that goes beyond the minimum provincial standard, with a policy framework that allows for growth and development.  A shift in mindset and approach to natural environment planning that makes both the protection of the natural environment and potential for growth simultaneously achievable is required – the goal is for a balanced approach to land use planning. 2. Recognize and Protect Agricultural Uses  Exemptions for a full range of agricultural uses should be clearly articulated in policy, including those policies and exemptions already provided through the PPS and Provincial Plans.  Additional consideration is required regarding how watercourses that are also agricultural infrastructure should be recognized in the NHS and WRS. 3. Informed by Science and Guided by Goals and Objectives with Numerical Targets  Numerous comments were received reinforcing the need for goals, objectives, and numerical targets to be part of the Region’s natural systems.  Goals, objectives, and targets will be included as part of the NHS and WRS and will be developed to be specific, measurable, achievable, and informed by science to the extent possible. To Inform the Overall Natural Environment Work Program Key Theme: Implication: 1. Accurate and Comprehensive Mapping of the Natural Environment Systems  Mapping needs to be consistent with provincial requirements, be easily available and user-friendly, and be updated on a regular basis. Page 170 of 392 PDS 1-2021 February 17, 2021 Page 7 ______________________________________________________________________ Key Theme: Implication:  Features that are not mapped, but where some data exists, should be used as internal screening tools, as part of pre-consultation, and for review of studies.  Policies need to allow for site-specific studies to refine mapping, through studies approved by the Region. 2. Clear, Consistent Policies and Guidance for Implementation  Need to ensure consistency with the policies of other agencies to the extent possible.  To support implementation, clear definitions, criteria, and guidance documents (e.g. updated EIS Guidelines, WRS Guidelines, etc.) will be required.  If included as part of the natural environment systems, there will be a need to provide more clarity on how linkages and buffers will be identified, refined, and mapped through site - specific studies. 3. Build Trust Through Continued Engagement, Collaboration and Education  The public and other stakeholders have been actively engaged with the Natural Environment Work Program.  Compared with other municipalities, the consultation and engagement undertaken as part of the Natural Environment Work Program is extensive and exceeds typical consultation undertaken as part of municipal natural environment planning.  Niagara should continue with this enhanced level of consultation and engagement. Next Steps As the 2nd Point of Engagement was being completed it became clear that Council and other stakeholders were seeking additional details on each of the options to assist with the decision-making process. Page 171 of 392 PDS 1-2021 February 17, 2021 Page 8 ______________________________________________________________________ To satisfy this request, as first reported in CWCD 314-2020 (November 20, 2020), Region staff have engaged our Consultant team to assist in completing additional analysis on each of the options for the NHS and WRS in the urban areas of the Region. This additional work will include establishing a preliminary methodology and criteria for each feature-type and providing detailed statistics and comparison of each option. The comparison will be completed on both a quantitative and qualitative basis. To accompany these detailed statistics, our Consultant team will also be preparing preliminary information on the policy intent of each option on a feature by feature basis. This additional analysis has begun and will be presented to Committee and Council in April 2021 (as part of the Joint Consolidated Official Plan Report) to assist with the selection of the preferred NHS and WRS options. Alternatives Reviewed No alternatives have been considered. Relationship to Council Strategic Priorities This report is being brought forward as part of the ongoing reporting on the Niagara Official Plan. The Natural Environment Work Program aligns with Objective 3.2 Environmental Sustainability and Stewardship: A holistic and flexible approach to environmental stewardship and consideration of the natural environment, such as in infrastructure, planning and development, aligned with a renewed Official Plan. Other Pertinent Reports  PDS 40-2016 Regional Official Plan Update  PDS 41-2017 New Official Plan Structure and Framework  PDS 3-2018 New Official Plan Update  PDS 6-2018 Natural Environment Project Initiation Report  PDS 18-2018 Natural Environment – Project Framework  PDS 9-2019 New Official Plan Consultation Timeline Framework  PDS 10-2019 Update on Natural Environment Work Program – New Regional Official Plan Page 172 of 392 PDS 1-2021 February 17, 2021 Page 9 ______________________________________________________________________  CWCD 122-2019 Agricultural and Environmental Groups – Draft Stakeholder Lists  CWCD 150-2019 Update on Official Plan Consultations – Spring 2019  CWCD 179-2019 Notice of Public Information Centres – Natural Environment Work Program, New Regional Official Plan  CWCD 271-2019 Update on Consultation for New Official Plan  PDS 32-2019 Natural Environment Work Program – Phases 2 & 3: Mapping and Watershed Planning Discussion Papers and Comprehensive Background Study  PDS 1-2020 New Niagara Official Plan – Public Consultation Summary  PDS 3-2020 Ecological Land Classification Mapping Update  PDS 9-2020 Niagara Official Plan – Consultation Details and Revised Framework  CWCD 153-2020 Natural Environment Work Program Update – New Niagara Official Plan  PDS 26-2020 Natural Environment Work Program – Phase 4: Identification and Evaluation of Options  CWCD 314-2020 Update Natural Environment Work Program  PDS 35-2020 Niagara Official Plan Consultation Update  PDS 4-2021 Niagara Official Plan – Steps and Direction Moving Forward ________________________________ Prepared by: Sean Norman, PMP, MCIP, RPP Senior Planner 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 reviewed by Erik Acs, MCIP, RPP, Manager, Community Planning, Dave Heyworth, MCIP, RPP, Official Plan-Policy Consultant, and Isaiah Banach, Acting Director, Community and Long Range Planning. Page 173 of 392 PDS 1-2021 February 17, 2021 Page 10 ______________________________________________________________________ Appendices Appendix 1: Consultation Summary Report - 2nd POE Appendix A: Regional Planning and Economic Development Committee Presentation Appendix B: Presentation to Local Planning Staff Appendix C: Virtual Stakeholder Workshops Appendix D: Virtual Public Information Centres Appendix E: Additional Feedback Appendix F: Planning Advisory Committee Presentation Appendix G: Agricultural Policy and Action Committee Presentation Appendix H: Niagara Peninsula Conservation Authority Consultation Appendix I: Provincial Planning Staff Appendix J: Niagara Escarpment Commission Staff Consultation Appendix K: Niagara Parks Commission Staff Consultation Page 174 of 392 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 March 3, 2021 CL 4-2021, February 25, 2021 PEDC 2-2021, February 17, 2021 PDS 1-2021, February 17, 2021 Local Area Municipalities Niagara Peninsula Conservation Authority SENT ELECTRONICALLY RE: Natural Environment Work Program – 2nd Point of Engagement Regional Council, at its meeting of February 25, 2021, approved the following recommendation of its Planning & Economic Development Committee: That Report PDS 1-2021, dated February 17, 2021, respecting Natural Environment Work Program - 2nd Point of Engagement, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities and the Niagara Peninsula Conservation Authority (NPCA). A copy of Report PDS 1-2021 is enclosed for your information. The appendices to Report PDS 1-2021 can be found attached to the Planning and Economic Development Committee agenda of Wednesday, February 17, 2021, at the link below: https://www.niagararegion.ca/government/council/committees/pedc/default.aspx Yours truly, Ann-Marie Norio Regional Clerk :me CLK-C 2021-031 Distribution List: S. Norman, Senior Planner D. Giles, Acting Commissioner, Planning & Development Services N. Oakes, Executive Assistant to the Commissioner, Planning & Development Services Page 175 of 392 PDS 7-2021 February 17, 2021 Page 1 Subject: Niagara Official Plan Process and Local Municipal Conformity Report to: Planning and Economic Development Committee Report date: Wednesday, February 17, 2021 Recommendations 1. That Report PDS 7-2021 BE RECEIVED for information; and 2. That Report PDS 7-2021 BE CIRCULATED to the Local Area Municipalities, Niagara Peninsula Conservation Authority (NPCA), and Niagara Home Builders Association. Key Facts  The purpose of this report is to provide Committee with an overview of the Niagara Official Plan (“NOP”) process and the subsequent conformity requirements of local municipalities.  The NOP is the planning document that guides land use and development over the long term. Its requirements are set out in the Planning Act, 1990 and it is foundational for the management of growth and the social, economic and environmental resources across the region.  The Niagara Official Plan must be adopted by July 1, 2022 to meet the conformity deadline set by the Province.  The policies of the NOP are prepared in the Regional context but must also consider their applicability to each community and must be balanced and implementable for Local Councils.  Each local municipality has its own Official Plan and Zoning By-law that will require amendments to be brought into conformity with the NOP, once approved.  Section 27 of the Planning Act, 1990 requires local area municipalities to initiate conformity amendments to implement the policy direction of the NOP. Local municipalities have one year to bring the local Official Plan and Zoning By-laws into conformity once the NOP comes into effect. Page 176 of 392 PDS 7-2021 February 17, 2021 Page 2 ______________________________________________________________________  Public consultation is an important part of the planning process. In a two -tier system, the regulatory responsibilities between upper and lower tier municipalities is n ot always clear. This has been evident during consultation for the NOP.  Consultation at the local level will occur, and may be supplemented by consultation from the NOP, as local municipalities will be required to initiate public and stakeholder consultation programs in conjunction with their Local Official Plan and Zoning By-law update programs.  As required by the Planning Act, 1990, local planning documents are required to be brought into conformity quite expeditiously and doing so will require adequate resource allocation by local municipalities.  This report was discussed with Area Planners on Friday January 22, 2021, and the direction and objective of this report was supported. Financial Considerations There is no financial impact directly associated with this report. Local municipalities should be prepared to commit funding to their own Official Plan and Zoning By-law update programs upon adoption of the NOP. The funding commitment for conformity work could commence as early as 2022-2023. Funding for Official Plans and Zoning By-laws are recoverable, in part, through Development Charge and Building Permit revenues. Local municipalities presently or intending to update their Development Charges By-law or Building Permit fee structure should ensure these items are captured accordingly. Analysis An Official Plan is the planning document that guides land use and development over the long term. Its requirements are set out in the Planning Act, 1990 and is foundational for the management of growth and the social, economic, and environmental resources across the region. Regional Planning staff have been working towards the preparation of NOP since 2017, following the completion of the Province’s Coordinated Plan Review (CPR). Through the CPR, the Region consulted area planners and prepared joint submissions to the Page 177 of 392 PDS 7-2021 February 17, 2021 Page 3 ______________________________________________________________________ Province on comments related to the review and update of A Place to Grow – Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan and the Niagara Escarpment Plan. These submissions demonstrated the alignment of Regional and local municipal interest in how Provincial policy is applied in Niagara. The Planning Act, 1990 requires all municipal Council decisions to be consistent with, conform to, or not conflict with the applicable Provincial policy. Regional and local planning staff must provide planning advice and make recommendations under the same requirements. The NOP program has a number of background studies that are informing the NOP, including Growth Management, Natural Heritage Systems, Employment Strategy, Housing Strategy, Land Needs Assessment and Settlement Area Boundary Review, Agricultural Systems Review and climate change considerations. This work is completed at a Regional scale and in the context of the Region’s mandate. Throughout the NOP work plan and the preparation of the background studies, the Region has maintained a consistent level of engagement with area planners, stakeholders, special interest groups, Regional and Local committees and Council, and the public. General input and specific input on key milestones has been consolidated and reflected in the work going forward. Consultation is further detailed later in the report. Regional Planning staff will continue to finalize these background studies, collect data and prepare draft policies to present a complete draft of the NOP for the end of 2021. Timing for conformity with the Growth Plan is July 1, 2022. The NOP has five components, as shown in the graphic below: Page 178 of 392 PDS 7-2021 February 17, 2021 Page 4 ______________________________________________________________________ The following sections highlights some of the NOP topic areas that may require additional study work by local municipalities to implement the direction of the NOP. Other areas of the NOP will need to be implemented through the local municipal conformity exercises and this implementation will be done in the context of conformity with Provincial policy. The policies of the NOP are prepared in the Regional context but must also consider their applicability to each community and must be balanced and implementable for Local Councils. Growth Management Growth is coming to Niagara and the governments must proactively prepare for and manage this growth. Within the NOP, the Regional Structure will identify strategic growth areas where a significant portion of growth and intensification should be directed. As discussed with area planners, the NOP will allocate the Niagara’s population and employment growth forecasts to local municipalities to 2051. This growth will be accommodated through specific density targets in strategic growth areas, designated greenfield areas for new development and intensification rates in built-up areas. Through conformity exercises, local municipalities will define the boundaries for strategic growth areas (where applicable), prepare secondary plans or district plans for new or evolving areas and identify areas for potential redevelopment through intensification strategies. Within the context of the local official plan, municipalities will have the ability to balance and manage growth and development at the local level. Employment The employment strategy will identify and map employment areas to protect clusters of employment land across the Region. The employment areas will be mapped in a schedule of the NOP and policies will set a framework to maintain and protect existing employment areas to meet forecasted need. Page 179 of 392 PDS 7-2021 February 17, 2021 Page 5 ______________________________________________________________________ Protecting employment areas will contribute to a complete community structure and ensure a full spectrum of employment job options is available to support the local economy. Through the conformity exercise, local municipalities will up date mapping to designate employment areas at the local level and include policy that supports the long -term retention of these areas. In addition, population related employment growth will need to be provided through commercial and mixed use development. This type of employment is typically more compatible with and serves residential needs. Local municipalities will be encouraged to incorporate mixed-use area policies to support population-related employment and the creation of a complete community. Housing Strategy Niagara is in need of more diverse housing options in order to remain affordable. A diverse range of housing will ensure choice and provide the opportunity for residents to stay within their neighbourhood as housing needs change over time and provide the ability to age in place. The Housing Strategy suggests Niagara will require more mid to higher density development than has traditionally occurred. This means development of townhouses, apartments and mixed-use building to meet the needs of current and future residents. Compact, denser development will enhance the community structure, support transit, and make efficient use of services and public facilities. Forecasted population growth allocations together with demographic analysis will inform the housing mix (i.e. the ratio of types of housing) and affordability targets for the Region. Local Official Plans will implement the recommendations of the Housing Strategy to ensure an appropriate housing mix and affordability. Not all municipalities will plan for the same housing mix. For this reason, the local municipality may wish to use local data to complete their own detailed housing analysis to identify their housing needs. Secondary planning and intensification strategies will also assist local municipalities to prepare plans for a strong, healthy, balanced and complete community, as well as Page 180 of 392 PDS 7-2021 February 17, 2021 Page 6 ______________________________________________________________________ address development and redevelopment pressure, to ensure growth aligns with the context of the surrounding neighbourhood. Natural Heritage System/Watershed Study The NOP will have policies that identify and protect the natural heritage system and the water resource system. Together, these will form the Region’s environment system. The natural environmental system approach must be balanced and designed with consideration of the unique attributes of each geographic area of the Region . The preferred approach to implement is still under review. The final direction will require detailed policies and other implementation tools. Each local municipality will implement the preferred approach through their conformity exercise. This conformity will provide a level of protection of the natural heritage system. Through future planning applications/projects, more detailed environmental plann ing studies or environmental impact statements may be undertaken to support the proposal. These studies/statements would be reviewed and approved by the local municipality through development application process. Niagara Official Plan Completion and Local Implementation Programs Once adopted by Council, the NOP will require approval from the Ministry of Municipal Affairs and Housing (MMAH). The Ministry will review the policy content, post to the ERO for public comment and confirm consistency, conformity, or no conflict, with Provincial Plans. MMAH may modify the NOP as a result of this review. Following approval on the NOP, under Section 27 of the Planning Act, 1990, local municipalities are required to initiate conformity amendments and have one year to update their Official Plans to bring them into conformity with the NOP. The amount of work to be done by local municipalities to conform to the NOP will depend on a number of factors, including how recently the local Official Plan was updated, if the municipality choses to undertake more localized study work, and if the local Official Plan has already completed amendments to implement changes made through coordinated Provincial plan review. Potential tools and options to assist with conformity are discussed below. Page 181 of 392 PDS 7-2021 February 17, 2021 Page 7 ______________________________________________________________________ District Planning / Regional Strategic Growth Areas District Plans are prepared by the Region, with input and involvement of the local municipality, as an intermediate step for more detailed planning analysis between Regional growth planning and local planning instruments. District Plans provide proactive planning strategies that focus on growth, the development of complete communities, and support economic prosperity. These Plans are prepared in collaboration with a variety of stakeholders and with input from the public. Existing District Plan locations were selected for their ability to accommodate a significant amount of the future growth. The Region continue to engage the local municipalities and key stakeholders to implement and monitor these Plans. Secondary Plans Secondary Plans are prepared and implemented by the local municipality for areas that require detailed land use planning direction. They follow a statutory process and involve significant community and stakeholder consultation at the local level. The Region’s role is to participate in the process and act as the approval authority, where required. Secondary Plans are intended to implement the Regional Structure at the local level and will be prerequisite for strategic growth areas, new designated greenfield areas and to implement District Plans. They may also be required for detailed land use direction for existing greenfield areas and built-up areas that are facing development pressure. Proactive Secondary Planning is essential to manage growth and to set expectations for the community. The Region will continue to work collaboratively with the local municipalities on these plans to proactively guide development. This process will also ensure efficient land use, appropriate mix of built form, consider infrastructure and transportation requirements, natural and cultural heritage protection, urban design, and similar matters beyond general policy. Secondary Plans are prepared based on community input. No two Secondary Plans are the same; each plan is different and dependent on the surrounding neighbourhood context and input from the public. Zoning In addition to local Official Plan conformity, local municipalities must update their Zoning By-law to conform with the NOP. This is where “the rubber hits the road” – when Page 182 of 392 PDS 7-2021 February 17, 2021 Page 8 ______________________________________________________________________ individual property owners are explicitly informed of land use changes affecting their property. This process is the responsibility of the local municipality and provides another opportunity to engage local area residents, businesses and stakeholders on changes required for conformity. Zoning can be the most volatile phase as this process targets properties that will see land use permissions change. It also provides for opportunities for representation to local Council. For this reason, it is important for the Regional policies to allow for some discretion, as the Region is only a commenting authority on zoning by-law updates and amendments. Consultation and engagement Local area planners have been included throughout the NOP process. The Region has connected with area planners regularly since 2016, including monthly or bi-monthly scheduled area planners meetings, one-on-one meetings to discuss topic-specific content, information sharing and joint report submissions on changes to provincial policy, and information and discussion on policy direction. This consultation will continue with regular area planners meetings already scheduled for the balance of 2021. Additional meetings will be added as required or de sired. Other consultations undertaken to date include presentations to Regional and local councils, regular Planning Advisory Committee meetings, in-person and virtual public information centres, online surveys and meetings with stakeholder groups. Consultation efforts will continue throughout the preparation of the NOP. Engagement with Regional Councillors, local area municipal staff and Council members, as well as future public information centres and stakeholder meetings will help collect a broad spectrum of input to inform the NOP policies and mapping. Ongoing consultation will continue leading up to the release of the NOP in late 2021. As robust as the NOP engagement strategy is, consultation and involvement does not stop there. Local municipalities will engage their communities through their own Official Plan and Zoning By-law conformity exercises. Engagement through this process is often more targeted to local landowners as specific property changes can be identified. Page 183 of 392 PDS 7-2021 February 17, 2021 Page 9 ______________________________________________________________________ Development Application Portal The Region and local municipalities are working together to create a development portal that will standardize development applications and track performance of allocations, intensification and density assignments. Some local governments have already moved to digital submission, but the first step in Niagara is to establish uniformity in planning applications, submission requirements and key performance indicators for monitoring. Conclusion Regional Planning staff have provided this report for information and awareness of the importance of the NOP process and the subsequent responsibility of local municipalities to bring planning documents into conformity with the NOP. Local planning documents are required to be brought into conformity quite expeditiously. Doing so will require adequate resource allocation by local municipalities. Local municipalities may wish to start identifying staffing resources and budget allocation early to accommodate a timely conformity exercise. As noted above, local municipal Councils will have the opportunity to further refine planning policy/mapping through detailed planning analysis in the local context. In addition, there will be many opportunities to consult and engage local resident s through the NOP, local Official Plan conformity exercises, zoning updates, future Secondary Plans/planning studies and development applications. This report was discussed with the Area Planners on Friday January 22, 2021, and the direction and objective of this report was supported. Alternatives Reviewed This report is for information purposes and to note the requirement under Section 27 of the Planning Act, 1990 to bring local Official Plans and Zoning By-laws into conformity following the approval of the NOP. No alternatives are available. Relationship to Council Strategic Priorities The Niagara Official Plan is important to address Council’s priorities, being: Page 184 of 392 PDS 7-2021 February 17, 2021 Page 10 ______________________________________________________________________  Supporting Businesses and Economic Growth;  Healthy and Vibrant Community; and  Responsible Growth and Infrastructure Planning. Implementation of the Niagara Official Plan will help support these priorities and serve to provide local municipalities the policy guidance needed during the own Official Plan conformity exercises. Other Pertinent Reports PDS 4-2021 Niagara Official Plan – Steps and Directions Moving Forward PDS 35-2020 Niagara Official Plan - Consultation Update PDS 28-2020 Regional Structure Background Report 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 ________________________________ Prepared by: Kirsten McCauley, MCIP, RPP Acting Manager, Long Range Planning Planning and Development Services _______________________________ Recommended by: Doug Giles, MES, BUP Acting Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was reviewed by Isaiah Banach, Acting Director of Community and Long Range Planning. Page 185 of 392 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 March 3, 2021 CL 4-2021, February 25, 2021 PEDC 2-2021, February 17, 2021 PDS 7-2021, February 17, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY RE: Niagara Official Plan Process and Local Municipality Conformity Regional Council, at its meeting of February 25, 2021, approved the following recommendation of its Planning and Economic Development Committee: That Report PDS 7-2021, dated February 17, 2021, respecting Niagara Official Plan Process and Local Municipality Conformity, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities, Niagara Peninsula Conservation Authority (NPCA), and Niagara Home Builders Association. A copy of Report PDS 7-2021 is enclosed for your information. Yours truly, Ann-Marie Norio Regional Clerk :me CLK-C 2021-032 Distribution List: Local Area Municipalities Niagara Peninsula Conservation Authority Niagara Home Builders Association K. McCauley, Acting Manager, Long Range Planning D. Giles, Acting Commissioner, Planning & Development Services N. Oakes, Executive Assistant to the Commissioner, Planning & Development Services Page 186 of 392 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 March 1, 2021 CL 4-2021, February 25, 2021 CSC 2-2021, February 17, 2021 Report CSD 12-2021, February 17, 2021 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Optional Small Business Tax Subclass Overview Report CSD 12-2021 Regional Council, at its meeting held on February 25, 2021, passed the following recommendation of its Corporate Services Committee: That Report CSD 12-2021, dated February 17, 2021, respecting Optional Small Business Tax Subclass Overview, BE RECEIVED and the following recommendations BE APPROVED: 1. That staff BE DIRECTED to monitor the implementation of the Optional Small Business Tax Subclass for consideration in future taxation years starting in 2022; and 2. That a copy of Report CSD 12-2021 BE CIRCULATED to the Local Area Municipalities. A copy of Report CSD 12-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-036 cc: Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer, Corporate Services Todd Harrison, Commissioner/Treasurer, Corporate Services Kathy Beach, Executive Assistant to the Commissioner/Treasurer, Corporate Services Page 187 of 392 CSD 12-2021 February 17, 2021 Page 1 Subject: Optional Small Business Tax Subclass Overview Report to: Corporate Services Committee Report date: Wednesday, February 17, 2021 Recommendations 1. That staff BE DIRECTED to monitor the implementation of the Optional Small Business Tax Subclass for consideration in future taxation years starting in 2022; and 2. That a copy of report CSD 12-2021 BE CIRCULATED to the Local Area Municipalities. Key Facts • The purpose of this report is to provide committee members an overview of the optional small business property tax subclass as announced in the 2020 Ontario Budget. • Included in the 2020 Ontario Budget is the ability for upper-tier municipalities to create a new small business tax subclass. The Region would need to determine eligibility requirements and amount of reduction. Regulations guiding the implementation have yet to be created by the Province. The Ontario Budget is currently the only information currently available to municipalities. • Relief provided under this optional program as a tax policy decision is made by the Region and applicable to all Niagara lower tiers and results in a redistribution of both Regional and Municipal property taxes onto other property owners (predominately residential which represents 80% of the Region’s tax base). Relief as a grant program requires a budget to fund the program and administration on the part of the local area municipalities. • Regional finance staff have had discussions with the Local Area Treasurers as well as Ontario Regional Treasurers regarding the optional subclass and there is general agreement of the many concerns noted below with the implementation that should be fully analysed in advance of adoption as this is intended as a long term tax policy decision and not a COVID-19 relief tool. • Municipal Finance Officers’ Association (MFOA) has also provided preliminary comments to the Province and has expressed the need for caution and due care to Page 188 of 392 CSD 12-2021 February 17, 2021 Page 2 ______________________________________________________________________ ensure both the regulatory framework and subsequent implementation of any subclass supports long term strategic objectives in an efficient and effective manner. • Staff will continue to review the implications of this program including the apparent effectiveness and report back to Council in Q2 of 2021. Financial Considerations There are no direct financial implications associated with this report as the Region will still collect the total tax levy. There will be an impact on other property owners not included in the optional subclass as a result of tax redistribution. For modelling purposes, if 10% of the taxes from the existing commercial tax class are encompassed in a small business subclass and provided with a reduction of 22.5% (similar to vacant/excess land subclass discount) it would create an estimated $1.5 million saving for eligible properties but increase the tax burden for residential property owners by an estimated $1.2 million and the remaining impact is to other property classes including commercial properties not captured in the subclass. This results in approximately a 0.4% increase in annual taxes for the average household in Niagara. Based on the above example using 10% of the taxation, which actually incorporates approximately 60% of all commercial properties in the Region, the eligible commercial properties in that sample would have a maximum assessment of 393,000. A 22.5% reduction would generate a maximum relief for these properties of approximately $900 and an average relief of $400 per property. Analysis On December 8, 2020 Provincial Bill 229, Protect, Support and Recover from COVD-19 Act (Budget Measures), 2020 received Royal Assent. This omnibus budget bill introduced various amendments to existing property tax legislation for the 2021 taxation year. The more significant of these amendments is the optional small business tax subclass for which further discussion on implementation opportunities and challenges will follow. Optional Small Business Tax Subclass Program Overview • Upper-tier municipalities are able to adopt a new optional property subclass for small business properties starting 2021. • Intended to target relief to small businesses. Page 189 of 392 CSD 12-2021 February 17, 2021 Page 3 ______________________________________________________________________ • Municipalities will need to define small business eligibility. • Province may consider matching any municipal property tax reductions adopted through this program. • Any relief provided through the optional subclass using tax policy will shift added tax burden to other property owners (predominately residential owners which is 80% of the Regional tax base and other business properties that may not be eligible for the subclass). • Any relief provided through an application based grant program for eligible properties would need to be funded through Regional and local budgets which would also be incorporated in the general levy distributed to all property classes. Implementation Opportunities • The ability to create the subclass gives municipalities a method to provide targeted relief to small businesses. • The possibility of the Province providing equivalent matching relief by reducing education taxes for the new subclass would result in additional property tax relief for small businesses. This will likely be known with the release of the Provincial regulations and if not the Region would advocate for such relief. Implementation Challenges • Eligibility – The provincial government is proposing to allow the Region to define small business eligibility in a way that best meets local needs and priorities. The Region would need to consider how to define a “small business” in a way that can be captured in the MPAC assessment roll or through an application program. Although property classification is normally performed by MPAC, in this case municipalities may need to identify the roll numbers to be included in the small business class based on their chosen definition. Municipalities do not have broad experience in determining the eligibility of properties for a particular property class. Also, given the nature of small businesses eligible properties would need to be reviewed annually. A small business can be defined in numerous ways including by number of employees, by property value, by a class of businesses, by businesses within a geographic area (e.g. located in a BIA), by sales revenue, etc. Most of this information is not part of the assessment roll. Input will be required from MPAC Page 190 of 392 CSD 12-2021 February 17, 2021 Page 4 ______________________________________________________________________ as to how to define a small business and maintain the assessment roll in a practical manner. • Small Business Tenants – It is not clear on how any tax benefit derived from the subclass may benefit the small businesses that rent building space for their operations. In many cases, small businesses are tenants in larger buildings and may not benefit from property tax savings directly or indirectly. • Inconsistency Across Municipalities – Municipalities will need to determine eligibility criteria independently which will create a lack of consistency in application across the Province. Generally speaking, tax policy legislation is consistently applied for all 444 Ontario municipalities. The inconsistencies could create significant pressure for municipalities to adopt a subclass which may not align with long-term objectives or strategies. It is also relevant to note that even the definition of a small business may be defined differently within Niagara municipalities. If a subclass were to be based on current value assessment, for example, this will create disparity across Niagara as a result of different assessment values. The average 2020 assessment for a commercial property in Niagara ranges from $202,000 to $1,452,000 depending on the municipality. Appendix 1 provides the average assessment range by municipality as well as the associated levy amounts. The wide variation in assessment values for commercial properties in Niagara’s municipalities would mean that in some cases, at a cap based on assessment of 393,000, approximate 70% of the existing commercial assessment base would be included in the new subclass for one municipality but only 4% for another. Therefore it would be challenging to create equity across Niagara municipalities and this has been expressed by Niagara’s Area Treasurers as a priority principle for any tax relief program. A preliminary review of the business types that would be captured in an assessment based program (used the property assessment of 393,000) shows that larger businesses that own multiple properties across the Region would likely benefit the most from the subclass. These larger business would include national telecommunication, energy, gas and larger real estate holding companies. Based on this, an assessment based approach may not be the most effective method of providing relief in comparison to a more targeted application based program which would require a greater implementation timeline and administration on the part of the local area municipalities. Page 191 of 392 CSD 12-2021 February 17, 2021 Page 5 ______________________________________________________________________ • Tax Shift to Other Property Tax Class – The annual budget determines the amount of taxes to be levied and a variety of tax policies determines the property tax rates for each property class. Lowering the tax rate for a small business subclass shifts the tax burden onto other classes of property including residential, multi-residential, and other commercial/industrial properties that would not be eligible for the new subclass. The residential tax class represents 80% of the Region’s assessment base. As such, based on the most recent BMA municipal study any shift in tax burden onto this class would further increase the relative tax burden as a percentage of household income for Niagara (Niagara = 5.2% compared to survey average of 4.8%). • Budget Implications – Should the class be used for an application based relief program the funding requirement would be similar to that noted above regarding tax policy however it would require a budget funding source. For the Region and municipalities that have finalized their 2021 budgets this will require a change to approved budgets. • Timing/MPAC Support – Staff do not believe that sufficient time is available in 2021 to properly implement such a subclass as the annual tax policy will need to be established by April. If implementation were to occur in 2021 there is a high risk that the program will not be successful in achieving desired outcomes. It may also result in in-year administrative complexities causing in-year budget impacts to municipalities in 2021 given that the MPAC assessment roll for 2021 has been finalized and delivered. It should also be noted that MPAC may not be supportive of adopting a subclass that has criteria based on anything other than assessed values or a common approach across all Ontario municipalities. • COVID-19 Impacts – Some of the urgency of implementation may be tied to the impacts of COVID-19 on businesses. However, the financial impacts of COVD- 19 are not just limited to small businesses but also effect larger business and residential households. This optional subclass would only address one subset of property owners at the expense of others. Other Financial Programs Available to Businesses While this new optional subclass represents another potential tool available for small business it will take time to implement. In the interim there are other supports for the business community that are currently being provided by the Province and Region specifically for COVID-19 assistance, including: Page 192 of 392 CSD 12-2021 February 17, 2021 Page 6 ______________________________________________________________________ • Business Education Tax Reduction - o Addresses the wide range of business education tax (BET) rates across the Province by introducing a uniform rate for 2021. o Total annual business property tax saving across Province = $450M  Niagara Commercial savings for 2021 = $6.6M  Niagara Industrial savings for 2021 = $2.8M  Total = $9.4M o No action required for Region - provides property tax relief to non- residential properties without effecting Regional tax policy or other property classes. • Ontario Personal Protective Equipment (PPE) Grant – provides small business with a one-time grant up to $1,000 for PPE related expenditures. • Ontario Property Tax and Energy Bill Rebates - Businesses that are, or were, required to shut down or significantly restrict services due to provincial public health measures can apply for rebates, provided in the form of grants, to help with their fixed costs including municipal/education property taxes and energy costs. • Ontario Small Business Support Grant - Starting at $10,000 for all eligible businesses, the grant will provide businesses with dollar for dollar funding to a maximum of $20,000 to help cover decreased revenue expected as a result of the Province-wide Shutdown effective December 26, 2020. • Tourism Adaption and Recovery Fund – will provide financial assistance ranging from $2,500 to $20,000 for tourism dependent businesses in Niagara to operate within Public Health protocols and thereby retain/create jobs. • Canadian Emergency Business Account - The CEBA program offers interest-free credit of up to $40,000 to eligible businesses through their financial institution. If the balance of the loan is repaid by the end of 2022, $10,000 of the initial loan will be forgiven. • Canadian Emergency Rent Subsidy - Canadian businesses, non-profit organizations, or charities who have seen a drop in revenue due to the COVID- 19 pandemic may be eligible for a subsidy to cover part of their commercial rent or property expenses, starting on September 27, 2020, until June 2021. Page 193 of 392 CSD 12-2021 February 17, 2021 Page 7 ______________________________________________________________________ Future Considerations The decision to implement the optional subclass resides with Regional Council which is consistent with other tax policy decisions. The Treasurers from the Region and the Local Area Municipalities have had preliminary discussions on this item and will continue to do so during 2021. Preliminary discussions have also occurred between Regional finance and economic development staff. These preliminary discussions have focussed on both the opportunities and challenges outlined in this report, specifically the challenges that the redistribution of taxes from the subclass may have on other property owners and the disproportionate benefit by municipality that may occur if the subclass eligibility is based on assessed values only. The Municipal Finance Officer’ Association (MFOA) has also provided preliminary comments to the Province and has expressed the need for caution and due care to ensure both the regulatory framework and subsequent implementation of any subclass supports long term strategic objective. MFOA further has commented that municipalities will need time to understand the costs and benefits of the optional small business property subclass including the ongoing toll of administering this specialized class on already stretched resources. Further to this, MFOA notes the importance of ensuring that the solution matches the problem and that the implementation of the subclass is equitable, effective, and efficient. The proposed changes affect businesses in the retail, food, and accommodation services industry. These businesses represent a significant part of Niagara’s economy, and one that has been particularly hard hit by the COVID-19 pandemic. However, excluded from the proposed changes are businesses in the manufacturing, agriculture, and food processing sectors. As a result, the optional small business tax subclass change would favour one sector of the economy over another while at the same time shift the tax burden to residents, who are also being affected by the on-going pandemic. Further reviews and recommendations may be developed once the Regulations have been published by the Provincial government. Alternatives Reviewed Council may provide direction to implement the subclass for the 2021 taxation year however this is not recommended due to the outstanding regulations and necessary analysis. Due to this delay, if implemented in 2021, could lead to delays in the tax rate by-laws for the Region and local area municipalities, tax billing and impact cash flow. Page 194 of 392 CSD 12-2021 February 17, 2021 Page 8 ______________________________________________________________________ Alternatively, after tax rates are set, it would likely create a negative variance in the annual tax write-off budget as any change to be implemented after the 2021 roll return would cause in-year tax write-offs/adjustments. Relationship to Council Strategic Priorities This report addresses Council’s priority of Businesses and Economic Growth. Other Pertinent Reports None. _____________________________ Prepared by: Helen Chamberlain, CPA, CA Director, Financial Management & Planning/Deputy Treasurer Corporate Services _______________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Margaret Murphy, Associate Director, Budget Planning & Strategy, Rob Fleming, Senior Tax & Revenue Analyst and Ken Scholtens, Manager, Business Development & Expedited Services. Appendices Appendix 1 Average Commercial Property Assessment Values by Municipality Page 195 of 392 Reassessment Related CVA and CVA Tax Change: Typical Commercial Properties (CT and XT)CSD 12-2021 Appendix 1 February 17, 2021Average CVA2019 Municipal General Levy 2020 Municipal General LevyPhase-In RelatedMunicipality20192020ChangeRegionLocalCombinedRegionLocalCombinedTax ShiftFort ErieGrimsbyLincolnNiagara FallsNiagara-on-the-LakePelhamPort ColborneSt. CatharinesThoroldWainfleetWellandWest Lincoln349,990947,280569,4261,393,8771,346,417429,196301,043712,610452,685190,810453,009374,431358,4401,018,496590,9331,451,9651,409,804443,616312,578744,095470,680202,738468,759383,1002.41%7.52%3.78%4.17%4.71%3.36%3.83%4.42%3.98%6.25%3.48%2.32%$3,438$9,306$5,594$13,694$13,227$4,216$2,957$7,001$4,447$1,875$4,450$3,678$4,145$4,192$4,313$10,547$4,844$3,803$4,499$6,628$4,605$2,018$6,263$2,245$7,583$13,498$9,907$24,241$18,071$8,019$7,456$13,629$9,052$3,893$10,713$5,923$3,396$9,650$5,599$13,756$13,357$4,203$2,961$7,050$4,459$1,921$4,441$3,630$4,153$4,265$4,286$10,570$4,858$3,814$4,548$6,696$4,653$2,056$6,310$2,192$7,549$13,915$9,885$24,326$18,215$8,017$7,509$13,746$9,112$3,977$10,751$5,822-$34$417-$22$85$144-$2 $53$117$60$84$38-$101-0.45%3.09%-0.22%0.35%0.80%-0.02%0.71%0.86%0.66%2.16%0.35%-1.71%Region Average780,590814,1524.30%$7,669$7,070$14,739$7,714$7,131$14,845$1060.72%Region Median278,000291,0000.00%$2,731$2,518$5,249$2,757$2,549$5,306$571.09%©2020MUNICIPAL TAX EQUITY (MTE) CONSULTANTS INC.Page 196 of 392 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 March 4, 2021 CL 4-2021, February 25, 2021 PHSSC 2-2021, February 16, 2021 Minute Item No. 5.1, February 16, 2021 MEMBERS OF THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (AMO) SENT ELECTRONICALLY Motion respecting Homelessness, Mental Health and Addiction in Niagara Minute Item No. 5.1 Regional Council, at its meeting held on February 25, 2021, approved the following resolution from its Public Health and Social Services Committee: WHEREAS Niagara Region prides itself as being a caring and compassionate community that continually strives to be a place where people want to live, work and play; WHEREAS providing access to safe, adequate and affordable housing for everyone is fundamental to achieving that goal; WHEREAS Niagara Region acknowledges that mental health, mental illness, addiction and homelessness, while important issues, are not homogenous, interchangeable or consistently interconnected, and doing so may over simplify exceptionally complex issues that require targeted policy solutions and intervention; WHEREAS Niagara Region’s 10-year Housing and Homelessness Action Plan (HHAP), A Home For All, outlines the Region’s vision, challenges, and the actions required to achieve its goals; WHEREAS Niagara Region has embarked on an ambitious effort to end chronic homelessness through participation in the national Built for Zero campaign; WHEREAS Regional Council formally adopted Mental Health and Wellbeing (2.2) and Addressing Affordable Housing Needs (2.3) as strategic priorities for the current term of our Council; WHEREAS a recent KPMG report commissioned by Niagara Region indicated that Council invests more levy funding than its peers into homelessness, demonstrating a steadfast commitment to addressing the issue; WHEREAS Niagara Region acknowledges that people living in shelters are part of the crisis and not the solution; WHEREAS Niagara Region has two planned housing projects that would directly address those in Niagara who experience chronic homelessness; Page 197 of 392 Motion Respecting Homelessness, Mental Health and Addiction in Niagara March 4, 2021 Page 2 WHEREAS the implementation plan for Council’s strategic objectives states that staff will identify gaps within the mental health system to increase the functionality and collaboration within it; WHEREAS the same implementation plan directed staff to partner with Ontario Health (formally the LHIN) to review the local landscape to identify opportunities, including new investment; WHEREAS the treatment and supports for mental illness, addiction, and homelessness are predominantly funded and directed by the Province; WHEREAS the success of the Region’s Housing and Homelessness Action Plan is dependent on a commitment of sustained and increased funding (both operational and capital) from all levels of government to address the issues of housing insecurity and homelessness in Niagara; and WHEREAS the needs of the community far outweigh Niagara Region’s available resources and funding required to effectively address these issues, and the support of both the Provincial and Federal governments are needed to meet these needs. NOW THEREFORE BE IT RESOLVED THAT: 1. That Niagara Region Council officially ACKNOWLEDGE that a significant crisis exists in Niagara in regard to the prevalence of chronic homelessness and the lack of affordable housing that far surpasses the Region’s ability to meet the vision dictated in its 10-year Housing and Homelessness Action Plan (HHAP); 2. That the Regional Chair BE DIRECTED to send advocacy letters directly to the appropriate Federal and Provincial ministries outlining Niagara’s current situation and requesting additional funding be provided to ensure Niagara can meet the vision outlined in its housing action plan; 3. That the Regional Chair BE DIRECTED to advocate to the Minister of Municipal Affairs and Housing and the Minister of Families, Children and Social Development for the required operational funding for the planned supportive and bridge housing initiatives; 4. That Regional staff BE DIRECTED, in alignment with the planned review of Council’s strategic priorities, to produce a report specifically highlighting the progress being made and critical gaps in regard to services related to mental health, addictions and wellbeing; 5. That Regional staff BE DIRECTED to continue providing Regional Council updates on the HHAP and Built for Zero initiatives; 6. That Regional staff BE DIRECTED to request an update from the Overdose Prevention and Education Network of Niagara (OPENN) regarding the current status of the actions being taken to address addiction related issues in Niagara; and Page 198 of 392 Motion Respecting Homelessness, Mental Health and Addiction in Niagara March 4, 2021 Page 3 7. That a copy of this motion be sent to all members of the Association of Municipalities of Ontario (AMO). Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021- 044 Page 199 of 392 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 March 5, 2021 CL 4-2021, February 25, 2021 PEDC 2-2021, February 17, 2021 PDS-C 10-2021, February 17, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY RE: Motion respecting Support for the Wine Sector Regional Council, at its meeting of February 25, 2021, approved the following motion from its Planning & Economic Development Committee: WHEREAS the Ontario wine industry supports directly and indirectly over 18,000 full-time equivalent jobs; and Niagara is Ontario’s largest wine growing region responsible for over 90% of Ontario’s grape production; WHEREAS, with 2.4 million annual visitors, Niagara’s wine sector has developed unique experiential destination tourism, enhanced by the proximity to Niagara Falls; WHEREAS COVID-19 has had significant impacts on Ontario’s wine industry – a key contributor to Niagara’s economy and tourism sector; and WHEREAS to build back a stronger, more sustainable economy, there is a need to unlock the potential of Ontario’s grape and wine industry. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Region CALLS on the Province of Ontario to create a level playing field and to provide Ontario’s entrepreneurial wine industry with opportunities to invest more into innovation and job creation while providing consumer choice and convenience for the purchase of Ontario wines; 2. That the Province BE URGED undertake the following: • Eliminate the 6.1% tax applied to VQA and 100% Ontario-grown wines on sales in the 2021 Budget; • Enable Ontario wines to offer direct delivery, with margin, to grocery stores; • Establish long-term VQA wine support programs at the LCBO that would increase shelf space for VQA wines and; • Eliminate import taxes on 100% Ontario VQA wines • Continue working towards more equitable inter-provincial trade on wines 3. That this motion BE CIRCULATED to municipalities in Niagara, Prince Edward County and Lake Erie North Shore and to the Premier, Minister of Finance and Minister of Agriculture, Food and Rural Affairs, Grape Growers of Ontario, Wine Council of Ontario, the local MPs and MPPs. Page 200 of 392 Yours truly, Ann-Marie Norio Regional Clerk :me CLK-C 2021-030 Distribution List: Hon. Premier Doug Ford Hon. Peter Bethanfalvy, Minister of Finance Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs Dean Allison, MP, Niagara West Chris Bittle, MP, St. Catharines Tony Baldinelli, MP, Niagara Falls Vance Badawey, MP, Niagara Centre Jeff Burch, MPP, Niagara Centre Sam Oosterhoff, MPP, Niagara West Jennifer Stevens, MPP, St. Catharines Wayne Gates, MPP, Niagara Falls Local Area Municipalities The County of Prince Edward Township of Pelee Town of Amherstburg Town of Kingsville Municipality of Leamington Municipality of Chatham-Kent Municipality of West Elgin City of St. Thomas Town of Aylmer Grape Growers of Ontario Ontario Craft Wineries (formerly Wine Council of Ontario) Page 201 of 392 Qww?ma<....~ ..E=n .z.».?@x?i?......om::53 3.8O_._mm:mrz_mcm_,m_..m__w.0:.O_..__mum<<m_u.._U=n O0xm:._.onE.Um<E>:8:mm:.Uooxmoo33§mm. min2.96..._m3mm_uo<<_Eo _<_m3Um«w200:29.._sm_d:m.BB ...:.m_m:m1m3E83.EmO5.2z_mmmE_um__mEm?Emo:__oumEm_u:c__oUonxmoo33EmmEmm a_mmo_<mQEmoo?oamzoz.<<m:m<mUmm:mnsmmaEREmO5.Emwm__\mma<.E85:9:mcw __om:m_:mmm«mm3m3Sxm:E:uommmmm_o:So:«mmmm?mEm_:n=:@Emaooxmmnz_o_Am:N_m _.m:m_:o.302mymanEmaoowmmamcom”33.6Ezm_mE:3:35._.<o:.mOwmmxma.z_mmm«m _um__m.._.:m92E_.o:m_:mzxz_mxm_Am...oEmm_.EovEmu833cmEB<<m:m<m:oE::m1 ogmmzosmqmumaioEm3m__.:m:m:om..‘m_um.__.monEm?msom9.Emqooxm.25com»33? <<m:m<mm_<<m<mmmm:oozmamqmaum_.Em«m2::Em9.25cc.3m:<mono3.m__m:3m3msE_o: _:o_:amn_Emc:=a_8mam3m_3mE_:oEmaooxwmm<<m__mmmmamzsmEc:=n=._mEmo:__m«m:.m Um;m»23%.:_um§m:m.O:_..mooo3u=m:3m_:m<<m_.mmonc:mo_E_.oc@:Ban...m.mEomza oo8o_,m:mQosmzosm.<<mEmam:m:::m__uo_m_.wmm_.U5m<m..<<mm_.meEmqomxm_<<:_o:m_mo U..o<Ema33%8‘o:_.mn_.=m<m3m3m. <<m:m<mmmEn_:wo‘e.NaomiEm,"Emmumaozmzam3Em0.23z_mmm_.m_um__m.>o:mn:m 8.‘Em”m3o_.=:Emmcmm:sizm:80.222.32»mm__mmanQm=<m_.mn_.8._m3mw_uo<<__:u.1m: 205Emzm..o_.EmE83Emwnomg.mxm<mx\omzommoor3Emcom»aooxmm.zm_wU_: _um..xm.nm.<<mmmxEm.“Emo=<cmmmo3m2Em25%.8m&Emxm<mx3%.OSU_m:w..o«Em BEEEEO:Emau«m<_ocm_<Umm:_o..mmm:»mQnoooc:m___:m__.amn_c:__n_E©m<<m_x_:m#3:.<<m om=ma:Emmm:43...>3ma?émm:=ma8m:_w:om__<oo:omE:m__~mEm§o_.mo...._._..mmm a..m<<EmmmsaEmzm<< __cmEqsmao<m«8_um<E>:8:mm:EEmm:mEmm;:camvmzama<<.E EmEoumwEm”Em22am:ooszzcmE_wu_.o_mor O_..=.m3m__9.0%3amn__om$Qo_<.o3.2.8_:a_<E:m_mwmé_umou_mooammanno.2::om:mE E&<E:m_m<<—._0imamEmwm..o_.Em6.6:m_.__._:o_:amQEor:oo33EmmEmqmEm3__o<<_:© umou_m”_<_mzm_<_._oE_m3_mm.Um:._.E_um.._...o<mocm:m_:.m3_xmmcmsxmv.mE_:m<Emsma._,Bo< Q83?_um..m.o_m::m_8uo:_om.5.3._.m_.:o..229<<___&.<<m<_._m4:o3mo:._._:amm<Uqmmmmr momm§m:_<:Imimw.>:m.mIm_u_u:m:Uozzmm_.o<<:mza._m<_<_mmo:. OE.oo3_.:§mm<<o:_o_:m<msag8man9.:..m«m<<m=<<_Em%a.8ao=om_.m3o:<msEmQooxm. Imm_E_.mmEo:o:mo_:m8oo<.o_BE035:mcozmmEm_Eommosm2.:U92or:n:_m=<<<_E<<m__ <<.m:mm8m__manEmEovmER9...mo33::=<mm?m3m:<<mm«m2m:_o<3m32.03or... m:amm<oc_£. w_:om«m_<“ EmOzuumém_u:_o=oUooxmOo3_.:Emm:umE:oC Page 202 of 392 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls integrity@adr.ca March 15, 2021 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: Clarke Bitter/ Councillor Vince Kerrio - IC-12237-1220 Dear Mr. Matson: I wish to advise you that I have now completed my investigation into this Complaint and have determined that no contravention of the City’s Code of Conduct was committed by the Councillor with respect to the matters raised in the Complaint. A copy of the detailed Report with respect to this matter has been provided to the Complainant and the Councillor for their information on March 15, 2021. The process which was followed to investigate this Complaint is recorded in detail in my Report which is attached hereto. It is my recommendation that this Report be placed before Council in open session as the contents of the Report and my determination of the issues do, in my view, have significance and will provide future guidance for Members of Council and the public. In accordance with section 223.4.1 (16( of the Municipal Act, I further advise that I have determined that I will not be making an application to a judge under section 8 of the Page 203 of 392 2 Municipal Conflict of Interest Act (“MCIA”) for a determination that the Councillor has contravened sections 5, 5.1, or 5.2 of that Act. The reasons for not making such application are set forth in the Report, which concludes that there was no contravention of the MCIA. I would also advise that, in accordance with section 223.6 (2) of the Municipal Act, 2001 of Ontario, all matters disclosed in the Report are necessary for the Report itself. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner- City of Niagara Falls cc. Clarke Bitter Vince Kerrio Italia Gilberti Page 204 of 392 D. E.>.UW_:.8m:.Qoo33_mm_o:m?o:._om nE>ZwmWm323059.z_mmm$_um__m mU<<>wUH.§QUmW§O.HH Fawn?OOBBEEODQ QJNomZwmmmnmmmzm max»?_.b.nmmEum®wmH.nm Z39Hm.NOB mmza3m§>FHO“ gm.nraa9:2 x OOCHEEOH<58Wmnlo<WmE.5©Emmimmmzmhm W9Oosznmzoa<38Wmalo09333.:HO.Snmuhnno Ummw27..9:2350055939.539 Hew?w8:21..Em09::5: O5Umnm?zumaH985mmQmmwom:502%omZwwmmwmmmdm?rm:QJ~=V32§%ano 3%ommnmm93133miWmmcmmwmommsH5<mmmmm:o:EmaEN?rmno§Ea:m:n73.. Qwawmwimmenrm:0o3_u_m3m5»=vmam:Ooss?zon<38H935Emamnwmm3 no5.Rm<m5:o5om:57\Eb»n:vm_02.92ombimwmmn>n«?rm§S?H>=vE5.ww Eb?mnmmod.?rmQJxm9%om023:5momzmaswmamomOocdnzE580%;. HdmmgcnrmmmmdmwsnmomEmOoabmmm?z<<wmsowEmmawm32392mm003333<<mm 5:593:32:5§Q>9.mm9%.oa83HH8233;mamOoadmnmwsmsw838:? 23%m<m5:mrm<<mm_u...onmm&BmSim?mm335Ema338$5»i.amm_umnE<mom5m 85%nrommnr?rmnmSmum8:3:m»m...:.noJ~nmmcwumgmdwm552mm§OH.>.35Humo??obm Cdmma5m9%2:9rm$5555%38:3.833H2055:25Hdimnmnmob.8 Page 205 of 392 388%3:?$5H5m$m»..H450o3HuH.mH5m5_nSS5H5Ho~.?5nHom.n.H5mm».mnH:H5§m5HmNHHQ. m$mH.mo5mS55nHmHH<m5nHBmwobmmm«<75?mw:mH5nH35$5»H5H59no3HuH5nH<<H$_$53 H5nHCnHH5mH5Hum1Hn:HB.$5maaaéH.mnHCH5H:m5H:5:H5Emamd:mHmnHo~.:om$5GHQ 855mmH5955msB50H$5mzmmmmoo:$.m<m5HHo:EKHQ$5H<HOH.>:3305$55mHx $555Huion.8$5mssmom$5Oo3HuHmH5H.. H45Oo§HuHmH5m3mzmo5mHuoSnHmnH.83%H5H¢mHHEHEJNwmno<,$5$5n$5Oo3HuHm:#<<mm EmuE53$5H<HOH>ow$500.5omW09HawH:nHHnwHH5m$5»HH<<mmW5H<HOH>wHuHvHHnmH.Hod Ea.:HmHmoHos?»»H5.m5m:H5nHH:mno5$m<5=mo50H$5Oom?$.m.m20:5$595<<H$_ E323Hm$5:HnHJomumcm$§H\$5mm<HoHmH.Ho5mwm<<mHH:. 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H5mnHnH:HoFH5533.9..«<55ommmamm$5O~UmuOH._u.H5$“v~3mbmwmmH5w5HmH$55mom:Sir 35m$5%mm:H"SmmZmnmmmm?wwenomo. >$m_.5<5<<H5mm:om$5mEuH5HmmHo5mom_uo$Hvmammm.HH5Emma93$5mm?m5$5 3w$mnmam50»H:nHHmm.c55Ed»mHm5HHHnm5HHDWDBGH6:»$5mmmmumon$5Hmin?95.5mm<m Ema.8wno:$m<55.n.oDommH$5w$5H<HOH>on$5CommHm<HmoH.o:mHv~ovmommmEx$5 0o3HuHwHDm:H.Page 206 of 392 5Wmmmmmdnmmum0oBw_8.dm5.mmmouse:SammcanwdnmwmmmmimmM5Em0033333$5 mozosnsm$25? :05Zo<mBwmHHNmonoOocbnmwow<38WmwdoSo_w.nmQmam§§§E_02.29 omEaamw>9Ann:vm3333mambocmasnocsnmBmmmbmSumo Q§m\§ss._aE§.8.=\sa%§ue:§son<=§@§:§Aa_§.§wwH m?mmmmbm5Emn?mmwodo?mamN.<oE5m0?$5Bone:vuozmz3::ENgmwoa Gamma35m05armwmmdmmom:5Zo<mBUmmHmGouda:EmmmbmHGWNHQWAW ZwmmmwmWmmmownm5m<<amm?gnmosmO5335%533:55?ima?ma?wlsmm 83:2.03%9:2:Samvmwsmwmwmm8m:Euo3unnmorumou3On..5:8 E_E£:£m€nmqmn.:5onmaammwmsmvm?osm3ansob?SE.Em?rmnmon :8?rocmmrogmW:Zmmmmumammwmsumbnm.959:2<58Wannamwowm89% 50.0.05Ba/58¢3$55.om$530.305mdmmmdowow:ntm?ommm$5»rmEmm 83:9om538$9535m$993To33mm:Wm#533Emos?maommm<m~.m_ Hmmwmcnm??m3Zwmmmam35.mmwbmrmmmm252: mam33.3Omo<<mamroCmmmoosadmswmmosmzwmbmFm»man<58?><m Zwmmwumma?OSEEOWm25%EVWmwloOoduoammosSin?pm$5mmmammmom WmggmwoimomZ§mwHPmscwmnmzmmnmmwminmammoomnmm?mznmbr mam32:3Dmémwm??.mmmnwm$03m».Omwrmadmmmnwbmma :C3u~mnmQm5$nrcsnm?mw).EsmmwZwmmmamE5wmocimg?amm?ma 25875BB. r?om2<<<<<.mwnwmqwabmmmwwbmma.nw\\5m<<.m\Zwmmmnmz aaosbomo\8E\c:c88%:aa,c:8:a:-mB$-:am3m.$=m-8:%B. b~.mm5m5.n.~;5~ $5»3&8mm<mH.mLEdam93959:8W950WmHmmnwaamdaOSSQ.mdm QOCSQSOHW310Mmmcowmmmmmm?dm £5059953s23»ms5m~.<o:m.:mm?»Wmaio«<70033w2559cm ?aowmammmgngntdm$5OmwmmE3385>EuEumm\mWmm$E.m:iOD3:252 woc_m<mnm. mbm swamMmwnmJ~.=$5Zwwmmuw3%555Baammwmcnwbn0:53<38Wmulo.Page 207 of 392 $,$5?$?5$n€m$00599om$5.5~.mm$>9$~.m.O$8‘a§.mo©HSm$m5m:5UCQo$ gmgwmn. 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H50om$55mxnmwmodwm5mammoa$~W5mmn?ozm»9B5A5330?955mmmmar?noimm mmmozoimn 3.S555manna:mmomm=33.3% mmnmodmmBammmo50»Bumbw.8w5855?955%5m3‘UAWEHH$5»w 335233$$535... .5_u%550:om$5d53$5H$5<3mm58:5?555$«inn?5m~1555m:5 8350:<3955205mmdmnmzvéoa... 5w%ammmo:oz?omm=1555m..om$5=53_5n«<55?Wmmo5305om 53:58:,$155255$55$nm?dowummmodmwq$5HmmwammmmmE5?8 Page 216 of 392 Hw 32:98HrmBmwzwmm.H~.m.O.38.m.259m.Krmoo»n.HNmm?HwH;m_uHmMBo? m.mNwar.0.m.mm38MOHNm.Ho.mar.Pm.m.: 333:9mmHH§<mnHmHmE5H5mmHHS:EmQOCUOHEOHQomm50.“HS<mmEmma»om3&8: HommgdmuwHswmammwH3HrmWmmogmodm:HoHuHmmHHQ.00:53‘HnoDo»HumHHm<mHHHmdmnmmmmww. HoBmwmwnHmHmnBHd_wmo5O5Swamiobm9.U0?omHrmmmmxm?umodmwHoHuHH\H5Hamnmmm. HwHmomoDowrmHHm<mHHmmn<mmmdwHum5mmnHmHHus?uommH5nHS=mmommmd?mbmmHowarm m:H.S.mEdamEmmHuHuHHmm¢o:omHrmmmmxmmwmosmBcmwWmnHm.nmE5H5mnH05mmmmmHQmmmm _ummHm. H:mnmoamsmmSH?mmmmo:B9533om:5H<H:5HmHHuwH>9H3855mmmoHnHH:mH%33$ HHS»Hrm<mmHmHm3:5mmHHHS»H<3:50»cmHDNHAHSWmsmHVHuHHmmEodHomEmma5&2$285 wOHHH..mH<H:5HmHHumHGodwin»omH5HmammH>9H_.H<HOH>__vHoww.HmHmEE5m¢o5HHS»Em QOSBQEOHrummo5.:§<m5mmmmmmodmwwe9.mmomHHS.“>9.?rmHmmmodmHow50»§mHAH5m mcmrwHu_mHHnm:o5mummm»H015H:aimHmmmoi. H;H.:m?oBHuHmH5.nHmmmno§HH5mHv~nHHmBHmmmQmammgmHRHWEHWH.Hm50$mo5nH?nHmnH. <o:~m<mJ~E.:HHs mnH¢<mnnHH.HSmUmEBo: H:Hmm1J~Oo:._3HmmHo:mbQJNOHH/Emmmammay mm.H<Hm.HSHSOEumE.rOoc:mmH.8OOCBQHHOHHAmEHo Page 217 of 392 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls emcdermott@adr.ca March 18, 2021 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: Frank DeLuca/Councillor Carolynn Ioannoni- Complaint IC-11926-1120 Dear Mr. Matson: I wish to advise you that I have now completed my investigation into this Complaint and have determined that no contravention of the City’s Code of Conduct was committed by the Councillor with respect to the matters raised in the Complaint. I have also determined that a technical breach of section 5.1 of the Municipal Conflict of Interest Act (“MCIA”) was committed by the Councillor through inadvertence on her part. A copy of the detailed Report of myself and Mr. Maynard with respect to this matter has been provided to the Complainant and the Councillor for their information on March 15, 2021. The process which was followed to investigate this Complaint is recorded in detail in such Report which is attached hereto. In accordance with section 223.4.1 (16) of the Municipal Act, I further advise that I have determined that I will not be making an application to a judge under section 8 of the MCIA for a determination that the Councillor has contravened sections 5, 5.1, or 5.2 of that Act. The reasons for not making such application are set forth in the attached Page 218 of 392 2 Report and, in accordance with section 223.4.1 (17) of the Municipal Act, I am accordingly requesting that this Report be placed on the public agenda for submission to Council. Would you be good enough to advise me when this has been completed. Finally, I would also advise that, in accordance with section 223.6 (2) of the Municipal Act, 2001 of Ontario, all matters disclosed in the Report are necessary for the Report itself. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner, City of Niagara Falls cc Frank DeLuca Carolynn Ioannoni Page 219 of 392 EDWARD. T. MCDERMOTT Integrity Commissioner Niagara Region E-mail: emcdermott@adr.ca AND: MICHAEL L. MAYNARD Investigator Office of the Integrity Commissioner E-mail: mmaynard@adr.ca March 15, 2021 SENT BY EMAIL TO: Mr. Frank De Luca, at his personal email address Councillor Carolynn Ioannoni ioannoni@niagarafalls.ca Cc: Bill Matson, Clerk billmatson@niagarafalls.ca Re: Investigation Report – IC-11926-1120 Dear Mr. De Luca and Ms. Ioannoni: 1.0 Delegation of Investigative Powers 1.1 – Delegation Pursuant to a written delegation of powers dated November 19, 2020, Edward T. McDermott ("Mr. McDermott", or the "Integrity Commissioner"), in his capacity Page 220 of 392 2 as Integrity Commissioner for the Regional Municipality of Niagara ("Niagara Region" or the "Region"), delegated to Michael L. Maynard ("Mr. Maynard" or the "Investigator") pursuant to section 223.3(3) of the Municipal Act, 2001, certain of his powers and duties as Integrity Commissioner to inquire into, investigate, and prepare a report (subject to his review and approval) (the "Report") with respect to certain aspects of the complaint (the "Complaint") described herein. 2.0 The Complaint The Complaint was submitted by the Complainant, Mr. Frank De Luca (the "Complainant" or "Mr. De Luca") to the Integrity Commissioner on November 2, 2020, with a statutory declaration provided by the Complainant on November 6, 2020 relative to the Municipal Conflict of Interest Act (“MCIA”) matters raised in the Complaint. The Respondent is Niagara Falls City Councillor Carolynn Ioannoni (the “Respondent”, “Councillor” or “Councillor Ioannoni”). A Consent and Confidentiality Agreement was signed by the Complainant on November 19, 2020 and submitted to the Integrity Commissioner on the same date, at which point the Complaint was perfected for processing and investigation by the Integrity Commissioner. 2.1 – Summary of the Complaint The Complaint has advanced two key components to his claim, being comprised of certain allegations relative to the Code of Conduct and the MCIA, as set out below. Code of Conduct First, the Complainant alleges that the Respondent disparaged other Members of Council through her words in a media interview1 and in subsequent social media posts related to same, contrary to Sections 1.3 (d) and (e); 3; and 15.2 of the Code of Conduct. 1 #HerSay: Cracking the 'old boys' club' at Niagara Falls council (niagarathisweek.com) Page 221 of 392 3 Municipal Conflict of Interest Act (“MCIA”) Secondly, the Complainant alleges that the Respondent failed to declare a conflict of interest during the September 15, 2020 Council meeting at which an Integrity Commissioner Report2 [IC-155-0120] was considered and voted on; that she discussed the matter; and that she voted on it, despite being a party (Respondent) to that particular Investigation and Report. The Complainant further alleges that the Respondent failed to file the necessary written declaration of her pecuniary interest with the clerk in respect of Report IC-155-0120 either during or following the Council meeting at which such Report was considered. The Complainant did not bring this portion of his Complaint under the Code, but rather under Sections 5 and 5.1 of the MCIA. 2.2 – Code of Conduct, Cited Sections The relevant sections of the Code of Conduct referenced in the Complaint read as follows: 1. PURPOSE AND PRINCIPLES […] 1.3 The key statements of principle that underline this Code are as follows: […] (d) the conduct of each Member is of the highest standard; and (e) the conduct of each Member demonstrates fairness, respect for differences and a duty to work with other Members together for the common good. […] 2 https://tinyurl.com/6s2zbxts Page 222 of 392 4 3. CONDUCT OF MEMBERS A Member shall at all times conduct themselves with propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy, recognizing that a Member is always a representative of the City and of their elected office. A Member shall at all times conduct themselves with decorum and in accordance with the City’s Procedural By-law during any meetings and in a manner that demonstrates fairness, respect for individual differences, and an intention to work together for the common good and in furtherance of the public interest. 15. SOCIAL MEDIA […] 15.2 No Member shall: (a) use social media to publish anything, or allow anything to be published on their social media sites, that is dishonest, untrue, offensive, disrespectful, constitutes harassment, is defamatory or misleading in any way. 2.3 – MCIA, Cited Sections The relevant portions of the MCIA referenced in the Complaint read as follows: 5 (1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member, (a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and Page 223 of 392 5 (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. […] Exception, consideration of penalty 5 (2.1) The following rules apply if the matter under consideration at a meeting or a part of a meeting is to consider whether to suspend the remuneration paid to the member under subsection 223.4 (5) or (6) of the Municipal Act, 2001 or under subsection 160 (5) or (6) of the City of Toronto Act, 2006: 1. Despite clauses (1) (b) and (c), the member may take part in the discussion of the matter, including making submissions to council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the meeting. However, the member is not permitted to vote on any question in respect of the matter. […] Written statement re disclosure 5.1 At a meeting at which a member discloses an interest under section 5, or as soon as possible afterwards, the member shall file a written statement of the interest and its general nature with the clerk of the municipality or the secretary of the committee or local board, as the case may be. 3.0 The Investigation Process 3.1 – Chronology and Process This investigation commenced with a significant volume of back-and-forth correspondence between the Parties and the Integrity Commissioner. Page 224 of 392 6 On November 9, 2020, the Integrity Commissioner wrote to the Complainant to inquire as to whether the conflict of interest aspect of his Complaint was being brought under the MCIA (particularly as the latter carries with it certain potential outcomes, including the possibility of an Application to a judge wherein the Complainant may be obligated to participate as witness). Accordingly, the Integrity Commissioner advised the Complainant to consult with his own personal lawyer as to his potential role in such an Application, should one eventually be brought. It was also noted in the correspondence that Section 223.4.1 of the Municipal Act requires that only an “elector” or a “person demonstrably acting in the public interest” may bring an MCIA application before an Integrity Commissioner, and accordingly the Complainant was requested to confirm his standing as either one or the other. By way of correspondence dated November 19, the Complainant clarified his standing as a resident of the municipality. He failed to confirm his intention as to whether he was bringing his Complaint under the MCIA. This prompted further correspondence from the Integrity Commissioner, dated November 24, 2020, in which he wrote: In my letter of November 9, 2020, I provided you with an explanation of my jurisdiction to review your application under both the City’s Code of Conduct and the MCIA. While I have jurisdiction under both, I specifically asked you to respond to the following: “Would you accordingly please advise whether your complaint does or does not include an application under the provisions of the MCIA as there are potentially serious consequences and costs in proceeding in that direction. I would suggest you consult your own legal counsel with respect to your position in such an application before providing your response.” The Integrity Commissioner again requested that the Complainant confirm whether his Application was brought under the Code or the MCIA. Page 225 of 392 7 Meanwhile, also on November 24, 2020, the Integrity Commissioner forwarded the Complaint with extant issues to the Respondent Councillor for her review and Response. The Respondent replied the same day by email to request clarification of certain details referenced in the Complaint an identification of the sections of the Code being relied upon by the Complainant. By follow-up correspondence on November 27, 2020, the Integrity Commissioner requested the Complainant to confirm the Code sections upon which he was relying in his Application. The Integrity Commissioner also wrote to the Respondent on November 30, 2020 to advise the information relative to Code sections had been requested and would be forwarded to the Respondent once received. The Respondent was also offered an extended timeline to provide her Response in light of the fact that the Complainant had yet to confirm certain details of his Application. On December 1, 2020, the Complainant responded to confirm he was bringing his Application under the Code sections 1.3 (d) and (e); 3; and 15.2. On December 8, 2020, the Respondent was provided with confirmation of the Code sections being replied upon by the Complainant. The Respondent provided her initial written Response to the Complaint (detailed in section 4 of this Report, below) on December 13, 2020. On December 16, 2020, the Complainant provided excerpts from the Minutes of the September 15 and October 6, 2020 Council meetings as evidence in support of his claims. He also confirmed that the MCIA contravention he had alleged was an ongoing matter because, as of that date, the Respondent Councillor had not yet filed the declaration of interest with the clerk regarding Report IC-155-0120 in contravention of MCIA section 5.1. The Complainant’s latest filing was in turn provided to the Respondent Councillor on December 22, 2020, on which date the Integrity Commissioner also wrote to the Complainant to acknowledge receipt of such information. The Complainant’s Reply to the Respondent was provided on January 4, 2021 and forwarded to her on January 11, 2021. The details of this correspondence are provided in section 4 of this Report. Page 226 of 392 8 The Respondent wrote to the Integrity Commissioner on January 12, 2021 seeking further clarification of the matters at issue, as in her view the Complainant’s various submissions were “all over the board”. This request for clarity was responded to by the Integrity Commissioner on January 19, 2021. Interviews were then scheduled with the Parties and conducted by Mr. Maynard at the request and delegation of the Integrity Commissioner. The respective oral evidence of the Parties is summarized in Section 4 of this Report. The interview schedule was as follows:  A telephone interview with the Complainant, on January 25, 2021  A telephone interview with the Respondent, on January 28, 2021  A telephone interview with Clerk, Bill Matson, on January 29, 2021 Additional research was also conducted, including a review of Council Agendas, Minutes, and video recordings for the September 15 and October 6, 2020 meetings of Council, as well as legal research relative to the matters at issue. 4.0 Statements and Evidence The following section contains the statements and evidence of the Parties, laid out in the order in which such evidence was received through the various exchanges of correspondence described above, as well through the interviews conducted by Mr. Maynard. 4.1 – The Complainant’s Written Submissions In his initial written Complaint3, the Complainant, in describing his Complaint, wrote as follows: “Exhibit A4 Article in Niagara this Week - refer to 7 male councillors as “the old boys club” and agreeing with people 3 All Exhibits submitted in the Complaint and referenced herein are marked “Appendix 1” and are included at the end of this Investigation Report; 4 The Complainant attached a copy of an article appearing in Niagara This Week entitled: #HerSay: Cracking the ‘old boys’ club’ at Niagara Falls Council (Smith, 2020), marked “Exhibit A”; the article can be found at the following link: #HerSay: Cracking the 'old boys' club' at Niagara Falls council (niagarathisweek.com); Page 227 of 392 9 that to the “misogyny around the council table”. Also attributing comments made to her by “male councillors” to all 7 male councillors. Exhibit B5 suggesting to constituents the “7 men on NF council” are conducting council business inappropriately on Facebook. Specifically supporting views that have already been decided and suggesting to constituents to sway those “7 men” by email. Exhibit C6 Posting and supporting on social media false accusations about circumventing rules quote to silence their female colleagues. Exhibit D7 Posting on social media and messaging provincial representatives about incorrect statements attributed to the “seven men” on council. This conduct must stop immediately and she should be censured. It is unfair as an elected official to comment on the personal beliefs of another councillor. Subsequent to the four violations of the Code of Conduct, Carolyn Ioannoni failed to declare a conflict of interest on the same Integrity Commission Report and its findings and penalties. As of this writing she has failed to submit in writing or verbally her conflict of interest financially and pecuniary. She has gone on camera participating in the discussion and voting. Her actions were intended to influence the other councillors and report to the general public and any perceived errors in the report and failing to participate fully in the creation of the report. This all occurred on the September 15th, 2020 meeting and there is 5 The Complainant attached a screen shot of a social media post by the Respondent on Facebook, marked “Exhibit B”; 6 The Complainant attached a screen shot of a social media post by the Respondent on Facebook, marked “Exhibit C” 7 The Complainant attached a screen shot of a social media post by the Respondent on Facebook, marked “Exhibit D” Page 228 of 392 10 no record in the latest minutes to that same written and verbal declaration. She has been on council for 21 years and subject to numerous code of conduct violations and should be very experienced in the rules of conflict of interest.” 4.2 Initial Response of the Respondent, Councillor Ioannoni In her written Response, the Respondent asserted her position(s) on the matters raised in the Complaint as follows: Re: Code of Conduct (relative to the article / social media posts) With respect to this portion of the Complaint dealing with her comments in the referenced newspaper article, the Respondent Councillor wrote, in part, as follows: “There is nothing in that article that breaches our code of conduct. I did not use any names. The article itself and the questions asked were a follow up of the first part of that series in which female regional councilors were interviewed about their lived experiences in politics. The questions asked of me were for the most part whether or not I had experienced the same things the women in the first article had spoken about. In my 23 years as a councilor I have experienced much misogyny and sexism. I believe the point of the article was for the women being interviewed to answer honestly and I did. I was asked if I believed that misogyny existed in Niagara based on the comments of the women in the previous article and I confirmed that misogyny was alive and well in Niagara (I did not specify the Niagara Falls Council) because it is. Most if not all of the women interviewed have the same lived experiences in how we feel we are treated. The articles prompted much discussion not just among women in politics but working women in many professions. This is not just a local issue. We have recently watched women in provincial and federal politics making the same claims. […]” Page 229 of 392 11 With respect to her referenced social media posts, the Respondent wrote, in part, as follows: In regard to my social media post and Mr. Deluca’s complaints that I breached our Code of Conduct sections: 1.3 (d) […] (e) […] I have absolutely no idea how this applies to this complaint. I did not name any specific council member, I kept my comments generalized in the newspaper article and spoke about the Niagara Region as a whole and felt my answers were respectful. Niagara Falls city council has been known as and identified for decades as an “The Old Boys Club” in the media, as a matter of fact when I first ran for council in 1997 I was repeatedly told I could not crack the “Old Boys Club” That is a common moniker used for any male dominated organization. CONDUCT OF MEMBERS […] It appears to me in this complaint that in the above section Mr. Deluca is relying on my past IC investigations and findings to which I have already been investigated and punished and have no bearing on this new complaint. Neither the newspaper article or my posts violated the portion of the code above. 15.2 […] My social media posts did not lie or defame anyone on council. The reality was the only 2 women both spoke about being women in politics and our lived experiences that have not been so nice. The irony was not lost on anyone that the 7 men on council voted for to get a legal opinion based on the newspaper article. A legal opinion that did not follow our complaint policy, nor did the councilor who asked for a legal opinion follow policy by refusing to say why he wanted one. There is nothing in our code that says we can’t disagree with our fellow councilors publicly or discuss an issue that has already Page 230 of 392 12 been decided. Especially when the topic is about being a female in politics and our lived experiences. There is not one man on that council, or Mr. DeLuca for that matter that can relate to our experiences or have that discussion. While they may not like that it is being talked about, that is not a breach of the COC. […] The City of Niagara Falls Code of Conduct does not super cede [sic] the Canadian Charter of Rights and Freedoms which states: Fundamental Freedoms 2. Everyone has the following fundamental freedoms: • (a) freedom of conscience and religion; • (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; • (c) freedom of peaceful assembly; and • (d) freedom of association. […]” Re: Conflict of Interest (relative to IC-155-0120) With respect to the conflict of interest portion of the Complaint, the Respondent stated that she participated in the discussion with respect to Report IC-155-0120 at the September 15, 2020 Council meeting as she is entitled to do under the provision set out in section 5 (2.1) of the MCIA. She further wrote as follows: “I did not vote and declared a conflict. When the minutes of the the [sic] council meeting of September 15, 2020 were released I was recorded in the minutes as voting. At the beginning of the next meeting on October 6, 2020 when the minutes were being ratified I publicly corrected that and stated that I had a declared a conflict so the minutes could be corrected. Apparently I had not hit the unmute button for the vote and was not heard but I did in fact correct it at the next possible open public meeting.” Page 231 of 392 13 4.3 – The Complainant’s Reply The Complainant replied to the Response, in part, as follows: Conflict of Interest “By her own admission she did not declare a conflict of interest to the matter and participated in voting at that meeting. By the notes left in the minutes by the Clerk she failed to declare that same conflict of interest in the proper manner. It should have been in writing and reasons given. I think an interview of the City Clerk is warranted. The very nature of this major conflict should have compelled her to express the conflict to the public as well at that meeting. Code of Conduct By her own admission she did not use any names. "The veteran councillor" that she used in the article could be any one of the five veteran male councillors still on council. Or that person isn't on council anymore. We don't know and she has not clarified who it is. "Old boys Club" refers to all seven male members of council so she doesn't name which members of council are attributed to this reference. "Experienced much misogyny and sexism" --- Which of the seven male councillors did she experience misogyny and sexism? Are they from a previous council? Page 232 of 392 14 These acts paint all seven male members of council with the same brush. Her comments are basically defaming all male councillors who she has had contact with her in 21 years of service. They could be Niagara Falls Regional councillors or of other municipalities or Mayors and councillors of other cities or towns. Since she has not clarified who it is, we can only assume it is every male councillor. What people express in writing as well as social media they are subject to scrutiny. When there are no facts or information given to those expressions it is defamation. I think and I feel all the time but I won't publish those feelings unless I know the facts and can back it up. Wouldn't now be the time to start naming names. I have known most of these male councillors for over 30 years and their reputations are important to them. I believe they should all be interviewed to see the effect of her words on each male councillor. The letter submitted by the other four female councillors who have worked successfully with these councillors sums up everything else I wanted to say and they say it from a female perspective. […]” 4.4 – The Respondent’s sur-Response In her sur-Response of January 12, 2021, the Respondent wrote, in part, as follows: “Mr. McDermott, Can you please clarify for me what exactly is being investigated? I am not clear on what I am defending myself about. I have reread all of Mr. DeLucas complaints and he is all over the board. What meeting and what subject is he actually claiming I had a conflict of interest on and failed to declare? Page 233 of 392 15 In rereading his response today it is very unclear, especially if he was forwarded the section of the municipal act on exceptions that I provided you. He talks in one about my participating in the discussion about the newspaper article and he talks also about the discussion of my punishment. On the code of conduct complaint he says I admit I did not mention names in the newspaper article. Of course I did not mention names. That would be slanderous. I was not asked to mention names, I was asked if like the women in the article before me had I experienced misogyny and sexism in politics in general and politics in Niagara. In 23 years I have attended over 20 AMO conferences and 10 FCM conferences with male politicians from all over the province and Canada. In Niagara alone over that time that would be hundreds of male politicians. It is not just the politicians who treat women in politics like that. It is often males in general at a political function. I have met thousands of male politicians. Even today both misogyny and sexism are rampant in politics. Is Mr. De Luca trying to decide for me whether or not what I felt in my lived experiences in over 23 years in politics is true? That opens a much bigger issue here. In his response to you it seems the only reasonable answer that would satisfy him would be for me to name names and instances. That is not going to happen. To have a man ask that of me and put me in that position is the epitome of harassment, misogyny and sexism. It is at the core of why women don’t speak out these issues. Is that what Mr. Maynard will be looking for? Can you please contact Mr DeLuca to clarify if that is what right answer he is seeking? If that is the intent here I am hereby waiving any veil of confidentiality on this complaint and I will be contacting the Human Rights Commission in the interim of receiving your clarification.” Page 234 of 392 16 The Integrity Commissioner responded by way of a letter dated January 19, 2021, writing in part, as follows: “As the written statements of position of the parties has now been completed, I assume this was tendered as supplementary submissions on the validity of the positions of the Complainant and will receive them as such. Your submissions will also be provided to the Complainant for his information while noting that no further written submission is required from him at this point. You will shortly be contacted by Mr. Maynard to ascertain if you wish to participate in a personal interview to further elaborate on your position.“ 4.4 Interview with the Complainant In his interview, the Complainant reiterated and reinforced the positions he advanced in his written Complaint and correspondence, as follows: Re: Code of Conduct He stated that he took exception to Councillor Ioannoni’s comments in the news article, and in particular the comments (i) “Misogyny is alive and well in Niagara politics,” and (ii) references to the “old boys club”. He also stated, by contrast, that he was not offended by Councillor Lococo’s various comments in the same article. According to the Complainant, Councillor Ioannoni’s comments were sufficiently vague in detail that she, at least in his view, painted all male councillors as misogynists. He stated that the appearance of such comments in print media makes them appear to have greater weight and authority, and consequently the male Members of Niagara Falls Council could be perceived in a negative light amongst members of the public. The Complainant asserted his view that Councillor Ioannoni should have cited specific examples of misogyny if she has experienced it, rather than cast general aspersions against the entire male cohort on Council. Page 235 of 392 17 The Complainant also disagreed with any assertion that the male Council Members are misogynists, and cited a letter penned by four female former Councillors in the aftermath of the #HerSay article in which they expressed an opposite view to Councillor Ioannoni’s expressed opinion; that is, that they affirmed they themselves had good working relationships with their male counterparts. Re: MCIA The Complainant stated that the Respondent Councillor ought to have declared her pecuniary interest with respect to the Report on matter IC-155-0120 when it was voted on at Council on September 15, 2020, contrary to Section 5 of the Act, though he conceded that the Councillor was allowed to participate in the discussion pursuant to the exception in Section 5 (2.1). The Complainant also asserted that, in addition to failing to declare the interest, the Respondent Councillor proceeded to vote on the matter following the discussion, contrary to the Section 5 that Act. Finally, the Complainant advised that, to his knowledge, the Respondent Councillor had never filed a written declaration of her pecuniary interest with the Clerk, contrary to section 5.1 of the Act. 4.5 – Interview with the Respondent Councillor Ioannoni responded to the several allegations, as follows: Re: Code of Conduct Councillor Ioannoni advised that she and Councillor Lococo were the second group to be interviewed in a series of articles about the challenges faced by women in politics. In the piece, she responded to questions posed by the journalist / author of the article with respect to the various comments made by the women interviewed in the first article in the series, in which they discussed misogyny in politics. Councillor Ioannoni’s comments appearing in the article represented some of her responses to the questions she was asked, including the question of whether she agreed with the women in the prior article that misogyny is an issue faced by women in politics. She agreed with this view, stating that “misogyny is alive and well in Niagara politics,” though she pointed Page 236 of 392 18 out (to Mr. Maynard) that it is not just “Niagara politics” that suffers from this issue, but politics everywhere. In making her comments, the Councillor stated that she was relying on her “lived experience” as a woman in politics for over 20 years, and she asserted that the Complainant has no standing to determine for her what her own experiences have been. She pointed out that, in her view, the Complainant is raising an issue about how the male Members of Council might feel about being perceived in a certain light but paradoxically showed no similar concern for either herself or Councillor Lococo. Councillor Ioannoni stated that she did not name any particular individuals because she did not want to call anyone out. She noted again that this was an article in a series, and she was answering questions. She made reference to another Councillor in St. Catharines who was recently found in violation8 of that Municipality’s Code of Conduct after making specific references about an identifiable individual. Though the St. Catharines matter occurred subsequent to Councillor Ioannoni’s involvement with the #HerSay article (and appears to have some distinguishing characteristics), the Councillor stated that it was an example of how naming people publicly could lead to unforeseen negative consequences. On this point, she advised that her intention in participating in the media interview was simply to state what her own lived experience has been. She was not using the article to call out any particular individuals nor indeed a specific identifiable group for misogyny. Regarding the term “old boys club”, the Respondent Councillor stated that it is a common term used to denote any male dominated group, particularly one where women are fighting for equal status, recognition, and representation. She stated that politics has traditionally been male-dominated and pointed out that on the current Niagara Falls City Council there are only two women and seven men. In her experience, women have always been outnumbered. The “old boys club” comment was used as a common term to highlight this fact. With respect to the letter published by the four female former councillors, the Respondent stated that she could not comment as to the lived experience of those women, other than to say that she is happy they had apparently not experienced sexism or misogyny themselves. She asserted that this does not add to or take 8 St. Catharines councillor apologizes after confronting wrong person about harassment | CBC News Page 237 of 392 19 away from her own lived experience, or those of any other women who may feel similarly or differently. In respect of the social media posts highlighted by the Complainant, the Respondent asserted her view that the motion to refer the #HerSay article comments to outside legal counsel for advice as to whether such comments were a breach of the Code of Conduct was procedurally improper. She stated that the matter should simply be referred to the Integrity Commissioner pursuant to the rules in place for IC matters, and if there is a question as to whether the Code was breached, the Integrity Commissioner can determine that himself. Moreover, she stated that this move placed both Councillor Lococo and herself under undue stress, believing that the male Council Members, who voted unanimously in support of referring the matter for a legal opinion, were going to find a legal mechanism (using City resources) to bring a Complaint against them for expressing their views and discussing their experiences with a news reporter for an article in a topical series about women in politics. She believed the approach from her male colleagues was improper, and she expressed as much on social media by sharing a post with a similar viewpoint and commenting about it. She disagreed with the Complainant that this was contrary to her obligations under the Code. Lastly, to summarize her point about misogyny, which she stated was not necessarily about “women hating” but about diminishing women’s roles and viewpoints, Councillor Ioannoni pointed to a recent example from the January 19, 2021 Council meeting at which Councillor Lococo suggested that either herself or Councillor Ioannoni be added to the CAO Search Committee in order to have more balanced representation. This suggestion was, according to Councillor Ioannoni, not well received, with one male Councillor stating something to the effect of: “I hope you’re not insinuating that we have to consider gender on every committee,”. In her view, that should be a consideration. “Misogyny is everywhere,” the Respondent concluded. “It’s online. In public. It's going somewhere and someone assumes the husband is the councillor instead of the wife. It's everywhere. It's the atmosphere.” Page 238 of 392 20 Re: MCIA Councillor Ioannoni asserted that she did declare her pecuniary interest with respect to Report IC-155-0120 at the meeting at the time the vote was called, but because she was participating via Zoom videoconference, she did not realize that her microphone was off and that her declaration was not heard. Specifically, the Councillor stated: “I raised my hand and said ‘I have a conflict’” when the vote was called by the Mayor. Accordingly, her declaration was not heard or picked up by the Clerk, but she nevertheless attempted in good faith to make one. She then repeated it (though this does not appear on camera) when another Member of Council asked aloud whether she had a conflict. Again, the Councillor stated she did not realize that her microphone was muted the whole time. At the next meeting of Council (on October 6, 2020), the Respondent clarified the matter with the Clerk, advising that she did declare her conflict during the vote in the meeting prior, and that she did not vote on the matter. Accordingly, she requested that the Clerk update the minutes to reflect that she made a verbal declaration and that she did not vote. She also agreed to send the written declaration to him following the October 6, 2020 Council meeting. With respect to providing such written declaration, the Respondent Councillor admitted that she neglected to do so. Though the Councillor wrote in her initial written Response to this Complaint that, “A Councilor does not have to declare a conflict of interest on a matter where Council is considering whether to suspend the remuneration paid to the member […] This allows the Councilor to defend themselves,” …she clarified during her interview that she meant she did not have to declare a conflict only with respect to discussing the matter at Council, and not with respect to filing a written declaration. She advised that it was her intention to file the written declaration (as stated during the October 6, 2020 council meeting) but rather than doing so, she simply forgot, stating: “It’s easier when you’re there, but it’s different than it has been before,” [i.e., due to COVID-19 and participating online instead of in Council Chambers]. “I forgot to send it in,” she acknowledged. The Councillor additionally cited the recent arrival of an infant grandchild into her home as a cause of (joyful) distraction which may have contributed to her forgetfulness in this regard. Page 239 of 392 21 When asked why she had still not sent in her written declaration as of the date of the interview, the Respondent advised: “I have now waited to send it because of this investigation – I thought it might look bad to send it in now because of the Complaint about it.” She stated her intention to send in the written declaration to the Clerk following the interview with Mr. Maynard (and, in fact, did so). 4.6 – Interview with the Clerk Mr. Matson advised that Councillor Ioannoni stated near the start of the October 6, 2020 Council Meeting that the Minutes or the September 15, 2020 meeting were incorrect and that she verbally declared her conflict during the meeting but had not realized her microphone was muted. Mr. Matson accordingly noted this in the revised Minutes. He also advised that the Councillor committed to sending her written declaration following that meeting (thereby confirming she understood a written declaration was required) but failed to do so until January 29, 2021 (i.e., the day after her Investigation Interview). 4.7 – Review of Council Meeting Videos A review of the video for the September 15, 2020 Council meeting shows the relevant portion of the meeting (i.e., the vote on Report IC-155-0120) occurring at approximately the 3:42:12 mark, after the Mayor had called the vote and asked for opposing votes, Councillor Ioannoni is shown to raise her hand in front of her webcam, lower her hand, and mouth several words at the camera, though no sound came through. This action was delayed, occurring approximately two seconds after the Mayor called for the opposed vote. A review of the October 6, 2020 Council Meeting video shows that, during the portion of the meeting where the Minutes of the prior meeting were being reviewed and voted upon (at approximately the 00:09:03 mark of the video), Councillor Ioannoni raised a correction concerning her (unheard) verbal declaration on September 15, 2020. Page 240 of 392 22 A brief discussion ensued in which the Mayor asked Councillor Ioannoni if she wished to change her vote, but she clarified that she did not vote and instead declared a conflict while her microphone was muted. At this point during the Council meeting, the Clerk noted that the Councillor had not submitted her written declaration to him, and she committed to doing so following the meeting. 5.0 Analysis and Decision As noted, the Complainant raised several issues under the Code of Conduct and the MCIA. 5.1 Issues The issues to be addressed in this investigation and Report are: 1. Did Councillor Ioannoni breach Section 1.3 of the Code of Conduct by way of her statements in the #HerSay article? 2. Did Councillor Ioannoni breach Section 3 of the Code of Conduct by way of her statements in the #HerSay article? 3. Did Councillor Ioannoni breach Section 15.2 of the Code of Conduct by way of her included social media comments and/or posts? AND: 4. Did Councillor Ioannoni breach Section 5 of the MCIA by failing to declare her pecuniary interest in the matter of Report IC-155-0120? 5. Did Councillor Ioannoni breach Section 5 of the MCIA by voting in the matter of Report IC-155-0120? 6. Did Councillor Ioannoni breach Section 5.1 of the MCIA by failing to file a written declaration of her pecuniary interest with the Clerk in the matter of Report IC-155-0120? 5.2 Decision QUESTION 1: Did Councillor Ioannoni breach Section 1.3 of the Code of Conduct by way of her statements in the #HerSay article? Page 241 of 392 23 In a previous Integrity Commissioner Report in matter IC-182-0220, which has been filed publicly before Niagara Falls City Council, the Integrity Commissioner, Mr. McDermott, found that the provisions under Section 1 “Purpose and Principles” of the Code were not enforceable as positive obligations; rather, he determined that this section “provides a general underpinning for the substantive rules contained within the Code of Conduct that follow.” Citing previous caselaw (Durham Region (Council Member) (Re), 2018 ONMIC 3), Mr. McDermott held: “A general underpinning principle has been found in other Integrity matters to not place a positive obligation on a Member of Council to do or refrain from doing any specific act; rather, a statement of principle provides a basic rationale and underpinning for any substantive rules in the Code that do place such positive obligations on Council Members.” The same finding applies in these circumstances. Accordingly, there can be no finding of a breach of Section 1.3 in this present matter. QUESTION 2: Did Councillor Ioannoni breach Section 3 of the Code of Conduct by way of her statements in the #HerSay article? We do not find that the Respondent Councillor breached this section of the Code for the following reasons: At no point in the article did the Respondent Councillor accuse, without evidence, any particular Member of Council of any impropriety, nor did she make any specific comment about misogyny on this or any other Council, in whole or in part. We accept the Respondent’s view that the comment “misogyny is alive and well in Niagara politics” refers to “politics” in broadest sense and was intended by her as an expression of her own experience in response to questions by a reporter, and not as a specific accusation or a denunciation of anyone else. Page 242 of 392 24 We likewise accept the Respondent Councillor’s rationale that she arrived at this view through her various experiences (e.g., she cited (without attribution) being called a “bitch” once in a Council meeting, and at being the target of abusive comments on social media). We do not disagree with the Councillor that there are many well-known examples of women in politics throughout the world being treated in a derogatory manner, including various reported examples9 and references10 throughout politics in Canada. We do not find these basic expressions of Councillor Ioannoni’s own experiences, as they appeared in the #HerSay article, are contrary to her obligations under the Code. While we appreciate that statements of this nature may raise mixed feelings among her Council colleagues, we do not find that these comments were made with any malice, nor do we find they could be reasonably interpreted as accusatory or demeaning. It was clear no one was targeted by these comments, and there is very little the Councillor could do to express her own experiences without stating what she believes to be a broader truth. In sum, we do not find that Councillor Ioannoni breached her obligations to conduct herself with “propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy,” by merely responding to questions in a newspaper article about her own lived experiences on a common theme (i.e., the unique challenges faced by women in politics). QUESTION 3: Did Councillor Ioannoni breach Section 15.2 of the Code of Conduct by way of her social media comments and/or posts? We do not find that Councillor Ioannoni breached her obligations under Section 15.2 of the Code. There was nothing in her comments which can be classified as objectively “dishonest, untrue, offensive, [or] disrespectful,’ nor did any of her comments constitute “harassment”, nor were any of them “defamatory or misleading”. In the referenced social media posts, Councillor Ioannoni shared a written piece from the “A Better Niagara” group which alleged the male Councillors on 9 Vulgar slur painted across MP Catherine McKenna's office | CBC News 10 Female politicians endure misogyny, racism and hurtful comments. It’s time for them to talk about that | The Star Page 243 of 392 25 Niagara Falls City Council had found “a new and improved way to manipulate the Code of Conduct and to send a clear message to the two women on Council […] that they should be silent”. The piece (by A Better Niagara) goes on to detail how the #HerSay article comments were referred by Council to outside lawyers for an opinion as to whether such comments were in breach of the Code of Conduct. It urged members of the public to contact the male Members of Council (all of whom supported the reference to legal counsel) to “[d]emand that they publicly announce their intent to halt this process.” In sharing this “A Better Niagara” post, Councillor Ioannoni wrote: “The 7 men on NF Council should not be able to use the code of conduct as a weapon against the women on council for speaking about our lived experiences as women in politics. The code of conduct was not created to even political scores or to bully councillors that do not politically tow the line. Let them know at the email addresses is in this article.” While we make no comment as to propriety of the reference to legal counsel or the actions of the male councillors on Niagara Falls City Council, we do not find the comments by the Respondent Councillor or sharing of the “A Better Niagara” post on her own social media page to be contrary to any obligations under the Code. All Members of Council are entitled to voice their opinions, and, whether her opinion on this matter is correct or not, Councillor Ioannoni is entitled to express it. She did not make any objective misrepresentations (i.e., she did not lie); she did not act disrespectfully (disagreeing on principle and procedure does not automatically equate to disrespect); she did not engage in harassment; she did not defame anyone; and she did not mislead anyone. She did, on the other hand, express an opposing view rooted in her own interpretation of the rules and procedures related to Integrity Commissioner matters, and she encouraged others on her own social media page to express their similar views (if indeed they agreed with her) by contacting the male Members of Council who were pursuing this course of action. This is basic politics. People disagree, and they attempt to persuade others to support their side of the debate, using the power of the public if necessary. In Page 244 of 392 26 this matter, Councillor Ioannoni felt that she was being unjustly targeted for expressing her opinions about being a woman in politics, the result of which could be a legal entanglement involving the City’s lawyer and/or the Integrity Commissioner. She believed, rightly or wrongly, that this was a procedurally improper process, and moreover that it was unfair for her to face such a backlash for expressing her opinion. Again, while we make no comment about the propriety of how Council, within the bounds of its vested democratic authority and in its collective wisdom, chose to proceed, we do not find that the Respondent Councillor’s political disagreement over same; the public expression of her disagreement; or the encouragement to democratic participation in respect such disagreement is a contravention of the Code of the Conduct. This same conclusion is reached regarding all social media posts referenced by the Complainant in his Complaint. QUESTION 4: Did Councillor Ioannoni breach Section 5 of the MCIA by failing to declare her pecuniary interest in the matter of Report IC-155-0120? We do not find that Councillor Ioannoni failed to declare her pecuniary interest. Councillor Ioannoni stated that she attempted to declare her interest by raising her hand and stating: “I have a conflict” when the vote was called on the IC-182- 0220 Report, but the audio was not picked up because the Councillor neglected to unmute her microphone. Upon reviewing the video recording of the Council meeting, we agree that this is a plausible explanation of what occurred. In fact, it appears clearly that the Respondent Councillor does what she claims to have done. In the video, she raises her hand approximately two seconds after the Mayor called for the opposed vote (and after Councillor Lococo had raised and lowered her hand regarding same) and says something which appear to be the words: “I have a conflict”. No other explanation for what words the Councillor uttered at this time have been advanced, nor either as to her brief delay in voting relative to the other Members of Council. We accordingly accept the Councillor’s version of these events as being at least plausible, and on a balance of probabilities, likely. Page 245 of 392 27 These are unusual times resulting from the COVID-19 pandemic. Transition to life via virtual conferencing, even today – a year into the pandemic – is not without its persistent challenges. We are quite prepared to offer the Councillor the benefit of the doubt in this instance. We also note that she corrected the record at the next meeting of Council upon reviewing the Minutes on her own unprompted volution. This was the correct thing to do. QUESTION 5: Did Councillor Ioannoni breach Section 5 of the MCIA by voting in the matter of Report IC-155-0120? No. As we found in Question 4 (supra) the Respondent Councillor did not vote; rather, we find it more likely that she attempted to verbally declare her pecuniary interest, but inadvertently failed to communicate it. QUESTION 6: Did Councillor Ioannoni breach Section 5.1 of the MCIA by failing to file a written declaration of her pecuniary interest in the matter of Report IC-155-0120? We find the Respondent Councillor did, by her own admission, fail to file the necessary written declaration of her pecuniary interest in accordance with the provisions of Section 5.1 of the MCIA, and is accordingly in breach of that Act. The Respondent Councillor stated she that is aware of her obligation under the Section 5.1 of MCIA, and we are satisfied that, as a veteran Councillor, she is at least aware of it. However, being aware of an obligation and remembering to follow it through on it are two distinct matters. The Respondent Councillor asserted that her failure to file the written declaration was not intentional but was instead a case of inadvertence caused by her own state of distraction (including by reason of having a new baby around) and the reality of her virtual (rather than in-person) involvement at Council meetings. We agree, as noted above, that the circumstances around COVID-19 are exceptional, and that some latitude may be warranted regarding administrative or procedural matters. We have already found that the Councillor did attempt a verbal declaration at the Council meeting of September 15, 2020 and on that basis, we are prepared to Page 246 of 392 28 offer her the benefit of the doubt that her failure to submit the written declaration thereafter was inadvertent and not intentional. It simply does not follow common sense that the Councillor would make a verbal declaration (which we have found occurred) and then intentionally fail to follow it up in writing. Forgetting is a plausible, though disappointing, explanation. Accordingly, while we do find the Respondent Councillor’s failure to submit the necessary paperwork relative to her declaration of interest in the IC-155-0120 matter is contrary to the MCIA, we find in these circumstances that it represents a “technical” breach; something which is more probably rooted in forgetfulness than sinister design. Section 9 of the MCIA sets out the powers of judge upon determining that a Member of Council breached section 5; 5.1; or 5.2 of the Act. Section 9 (2) states, in part: Same (2) In exercising his or her discretion under subsection (1) the judge may consider, among other matters, whether the member or former member, […] (c) committed the contravention through inadvertence or by reason of an error in judgment made in good faith. In Madger v. Ford11, Justice Hackland described “inadvertence” with respect to the MCIA as follows: “Inadvertence involves oversight, inattention or carelessness.” We find this description of inadvertence to be appropriately applied to these present circumstances. Councillor Ioannoni was by any measure inattentive as to her obligation under Section 5.1 of the MCIA. Her inattentiveness resulted in a careless oversight manifest as her failure to file the necessary paperwork with the 11 Magder v. Ford 112 O.R. (3d) 401 2012 ONSC 5615 Page 247 of 392 29 Clerk. This is undoubtedly a technical breach of the MCIA, but “inadvertence” seems to be a plausible explanation as to how and why it occurred. 6.0 Conclusion and Recommendation(s) 6.1 – Conclusion 1. Pursuant to the above, we do not find that the Respondent Councillor is in breach of Sections 1.3; 3; or 15.2 of the Code of Conduct. 2. We furthermore do not find that the Respondent Councillor is in breach of Section 5 of the MCIA. 3. We do find that the Respondent Councillor contravened Section 5.1 of the MCIA by reason of her failure to file the required written declaration of interest with the Clerk during the September 15, 2020 Council meeting or “or as soon as possible afterwards”, though we acknowledge that she eventually filed it. In respect of such finding, we conclude that this breach is likely the result of “inadvertence” as defined in the MCIA. This does not mean that the breach did not occur, but rather that, in our view, a mitigating factor exists which could be found and considered by a judge hearing this matter on Application. 6.2 – Integrity Commissioner’s Recommendation(s) Re: Code of Conduct The authority of the Integrity Commissioner with respect to Code of Conduct complaints includes investigating complaints made under the Code and making recommendations to Council with respect to appropriate penalties for any breaches of the Code found to have occurred as a result of such investigations. In this present matter, no breach of the Code was found to have occurred. Accordingly, there is no recommendation made to Council with respect to any penalty to be levied against Councillor Ioannoni with respect to the Code of Conduct portion of this Complaint, as none is warranted. Page 248 of 392 30 Re: MCIA Subsection 223.4.1 (15) of the Municipal Act requires that, upon completion of an inquiry under the MCIA, the Integrity Commissioner may, if the Integrity Commissioner considers it appropriate, apply to a judge under section 8 of the MCIA for a determination as to whether the Member has contravened section 5, 5.1, or 5.2 of that Act. There is no provision under the MCIA itself which empowers the Integrity Commissioner (or Municipal Council) to consider penalties for contraventions of that Act. Such considerations could come under the auspices of a corresponding Code of Conduct provision, but no such question was advanced under the Niagara Falls Code of Conduct as part of this Complaint. The conflict of interest in this matter was solely advanced and considered under the MCIA. Accordingly, there is no recommendation of a penalty which can be made or considered with respect to the conflict of interest portion of this Complaint, as this Application was made under the MCIA which Act does not grant the authority for issuing penalties to anyone but a judge. 6.3 – Application to a Judge After considering all of the matters relative to conflict of interest contained this Complaint, and in view of the finding that the Councillor committed an administrative error contrary to Section 5.1 of the MCIA, but also finding that such error was likely due to inadvertence, Edward T. McDermott, Integrity Commissioner for Niagara Falls, has hereby determined not to apply to a judge in this matter. It is the view of the Integrity Commissioner that such an Application to a judge would be too drastic a measure to address these circumstances, particularly as it has been found that the error was likely to have been the result of inadvertence on the part of the Respondent. Moreover, the Integrity Commissioner is mindful that such an Application to a judge would result in significant costs to the City of Niagara Falls, and he is not prepared to so burden the City’s ratepayers in these particular circumstances. Page 249 of 392 31 Notice to Applicant Subsection 223.4.1 (16) of the Municipal Act requires that the Applicant (Complainant) be notified if an application to a Judge will not be made. The Complainant, by being furnished with a copy of this Report, is so notified. Publication of Reasons Subsection 223.4.1 (17) of the Municipal Act, requires the Integrity Commissioner to publish written reasons for such decision. This Investigation Report contains such reasons and shall be published accordingly. 7.0 Endorsement and Issuance of Report by the Integrity Commissioner 7.1 – Endorsement and Adoption of Report by the Integrity Commissioner As the Integrity Commissioner for Niagara Falls, I confirm that I have fully reviewed the process of the investigation conducted by my delegated investigator, Mr. Maynard, as detailed in this Report. He and I have jointly prepared this Report, including its findings and conclusions, with which we both agree. Accordingly, I adopt this Report and, as the Integrity Commissioner for Niagara Falls, I hereby issue it to the Parties and to Niagara Falls City Council in conclusion of this matter. Yours truly, ________________________ Edward T. McDermott Integrity Commissioner, City of Niagara Falls _________________________ Michael L. Maynard Investigator Office of the Integrity Commissioner Page 250 of 392 APPENDIX 1 Page 251 of 392 Page 252 of 392 Page 253 of 392 Page 254 of 392 Page 255 of 392 Page 256 of 392 Page 257 of 392 Page 258 of 392 Page 259 of 392 Page 260 of 392 Page 261 of 392 0:.200200: 0:03”0300000000000 -. 003.00<00300<.0<00:n3mm.mom0000000<0 0.0”n0:3n000<00300:0..0030000020000007002003 0:000:2000030020320:0.003<00200020030~000:20u00.:n0\00033030 0.0000000.00:00<00000000030000030200000203000::00003003000323000030020:23030x2002<000300030020300300: 0.0. _3<0020002003W000:-00000200300020030000322.0-0.00»? .00032000.0002000330300 000:0<00300:0020003000. >22300003000000302000300003002000:0.0000.202000:00:000323030200302<0020:0u002:030000.000030000<0<0020m2:03002302 02022002002000000030002003<00200020022300000020030002<<000:020:0303<<<0<00<03:000:0020230z0000:00.300<<002>:2000002 00020300:0.0.00003202000.0102002“0:002030230.00000<00000.02Z0000:00000000030:...00::000C303030000<E032.030.00000 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From: bikeinfinity < Sent: Sunday, March 21, 2021 9:43 AM To: Jim.Diodati@niagararegion.ca; dave.bylsma@niagararegion.ca Cc: sandie.bellows@niagararegion.ca; jim.bradley@niagararegion.ca; Butters, Barbara <barbara.butters@niagararegion.ca>; Frank.Campion@niagararegion.ca; pat.chiocchio@niagararegion.ca; Darte, George <george.darte@niagararegion.ca>; betty.disero@niagararegion.ca; Sandra.Easton@niagararegion.ca; Kelly.Edgar@niagararegion.ca; wayne.fertich@niagararegion.ca; robert.foster@niagararegion.ca; Bob.Gale@niagararegion.ca; kevin.gibson@niagararegion.ca; barbara.greenwood@niagararegion.ca; Heit, Brian <brian.heit@niagararegion.ca>; diana.huson@niagararegion.ca; tom.insinna@niagararegion.ca; laura.ip@niagararegion.ca; jeff.jordan@niagararegion.ca; marvin.junkin@niagararegion.ca; peter.nicholson@niagararegion.ca; Wayne.Redekop@niagararegion.ca; tim.rigby@niagararegion.ca; Walter.Sendzik@niagararegion.ca; bill.steele@niagararegion.ca; terry.ugulini@niagararegion.ca; leanna.villella@niagararegion.ca; tim.whalen@niagararegion.ca; albert.witteveen@niagararegion.ca; gary.zalepa@niagararegion.ca Subject: How dare they they!!! Good morning, Jim and Dave, How dare the editorial board of Niagara Dailies presume to speak for ALL! In their editorial, 'Three Niagara male politicians who are embarrassments to all', the board criticizes you for appearing on Jim Fannon's podcast. To be fair, I personally do not listen to this podcast and so did not hear you speak. Unfortunately, the board seems to take the 'cancel culture' stance and probably wants this podcast (and ANYTHING else they disagree with) to be banished. As French philosopher Voltaire said, "I may not agree with what you have to say, but I will defend to the death your right to say it". Sincerely, Philip Dyck Page 268 of 392 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM March 10th, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, In the Fall of 2020, the NFBIA submitted a letter to City Hall noting the Board's perception of perceived interference and undue influence from a City Councillor(s) in the previous hiring process of a former employee, which extended into the selected candidates' tenure and continued following their departure. Unfortunately, as it was not reported within the appropriate amount of time, due to a lack of knowledge of the Integrity Commissioner complaint process, the Board could not file the complaint. Given the supporting evidence provided to Council after the reporting deadline, including the example email attached, the Board remains disappointed that the NFBIA was not compensated for the employee's term and the resulting legal fees and severance-related costs. The BIA feels as if the Councillor(s) involved have a continuing conflict of interest, and that their unrelenting back-alley discussions with non-council members regarding internal BIA matters can be interpreted as slander and defamation. The BIA feels intimidated, harassed, and bullied by the Councillor(s). As mentioned in previous correspondence, the Downtown Board of Management for the Niagara Falls Downtown Business Improvement Area is proud of the collaborative work between the BIA and the City. The BIA strives to uphold the transparency and accountability bestowed by the City Council, as the Board takes the acknowledgment and understanding seriously that the Council delegates its powers and duties of the municipality to the Board to act on their behalf within the BIA catchment. Sincerely, The Board of Management for Downtown Niagara Falls Page 269 of 392 sozmza u>< 1.»cmi?:_E"mm >§._E§E;z :32:_z:_:,:_<:. cmnmgmmmN2._msogmza$22:m>Z_._c><_ >2mxn_.:m_<mo_.8::cz_:::2:z_>e=;_..>_._.m:.:_._mz_>m>:;£238§__m_oz $:::m_:<Mm.83 z_:.::_53gas: 9::22: :3oo:uo:m_:o=9.:52::9.2.3%.E__m 389am:2:3: 25%;EmozSmas am:gr_,§§. :53:28<0:a3:o__o:E.8:3::85:$28:35:,__320%:eaSE3_o:22:52538:. 28%E:9::m:_:mm:o:_:552.33:am2_mm_o:.3:=6:2:nocao.3$:_:a8::592o:2.3:;EW. 2%:882:539.:3:28:8::5230::o::52.3:;E.m9.2855.. :5:8:mm:m:_E:::::_m:0::§\_:z_m$22:92:E:m.::m22$>:§o,2:575:NS.m::o:_:5m::Em_22: :.3e_§3:2032:wasI$_::_=_:m.:_<m. 9:as2032:mi:13.;_=Em:<m5:8=mm.:_:a:3_a:%:5:::=_=m:¢S:3_._o:m3:_om$__wea:5m:a_m$__m :5EE._=_:_::._mSm2:_:mm<m:___5o:cm8::_cm:N.83.:.:::._m_w:5::m:a883.:3:<:o3m:_.mwas_._$_.:=S:3 92.3.ea_ 83:33:o:..5<:_$:m:8822:5.332.3::$__m8m_8:8$<:o3S.mmi:_._$_=.3:8:5:25. 25:...saga:%>_z:m>S._._32m:1:320>xm>co:>_._.mzom 383.:_;aa3<<o::a:..mwasIE3._:__§:<m.mm2o::m.:5oo<¢::_::.m::o:8:53%n_m:2_c?msg:Na3<:o::a=.m was_._8_:_.E:on:5::ao_a_:$_:=8_m:a:.:.<<o::_m:..mm::_IBE.3,:_m:5:::=5_m:m:2a&8:8_:_:am:m::_o:_ 8:5::6o:.a:_8o:3n__a_:a5:ea%:am:3:8$:3ea833¢w2::5::o:_§1:§::_:::_m:_<c:m_:.:$_=_ 8:a_:_o::.23mm%3¢=:m.>_N:a_::a:.m_m.::o_$Ea:_2.:mwm_o=.22:::::m::8:m::_<5sons::5:33%. :08_m_:m8<:o3m:..wwas_._$_:.3:25:m_$E:a1o::¢$m:3m:a3:8.::_::8:m::a:5:3:8:38::o::_m:_.w :58»sa_.__28:3:5mi:>:$:_@asea».:383:55:3%2_§aa_<:3395:m_.N::._5:. sogmza_w:;_z_.m>_.::c><m:_._mm;zu>1262;:mzmmNOB 5:5Ea<21:m8:.as...9.3.,2_:35.;1_a$.§_ooo$3a:§a2..:.a_::_$_s:$$:2:__:o_s:_ :522a>:$%2a__m:a¢_:.B5<$_.__:33.5:95:m..8.8o.3832»_:_n:m.._m8:32:3:m_m889;: 28.090.Page 270 of 392 33%3382¢o¢3¢a..¢333233¢3¢__¢_a¢2333.3422;$3<¢2.3¢2a..<¢2825.333:02.2_322 39.3333¢__¢S¢33¢:33.<.33%338,22_A21o.33¢33¢233233823..:.¢$8.3<¢23¢ 23__¢8¢saw33¢32<83¢5:53332Sam33<¢23¢3¢__¢.3¢33.38.33:32¢<¢_E¢m292. :3BE8333:2. _ .=¢__a¢mn__¢__¢_3¢8:32.3¢23o:._==<31.3:3.¢<¢=$.2325<:3¢_253 2¢¢¢____a¢E__¢=¢¢m3322:3:3223. m¢8=m¢283¢.3S332¢3<2¢._m___29:¢<¢=3.83¢3233.¢xu¢1¢=¢¢m.322<33:8332¢.3u¢33 32¢22_$:¢m328:333¢:333835m__<¢.w:¢¢3¢<¢223.3282$<323:835.3. 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V19283028._._m>S:<Szomz V8c;_zz_mE28:m333 2:08882383cm Vv>283».88823889:8882.3:5<83?388:Sam.88:3882.2.8.35883.38;.2a253%. vVo8%.8:o318m§m8882:28m?.3822;825:833:3:eam.8_$_8_%328<3388:28:38:88 88:858388ea2:38.2382183.8.888889.388$o_<mJ.382..888:. V8832.5838388889:88sa__8m:a388:m3u_o<$m2.38.15.mm. VV>3B=m<88<83;8838m28585833.322_$%a<888888.::8$538.33easm__.8m:a3$532.. s:._<<0:m_._o:_.c8383E 888m_.¢382833:828882.385.388:5“ $8388588.85288.8$2..8_<<<:m$:83_mm39588322883.ma3888588.8ea <838%_3_m:<mm. V>8§§_a233922888:5.mumn88__<mE83m_8_m.3588m8%m3_.o<<2:885;mg.838 833%..88E3_3o<<_m.a¢.m:mma$32.288888,5_o=o.._238:32m_mcnnmmm. Vcm3o=m:m8s8$832.N3833..83518835:88889:2.5:.:88ea<882.5. V$338885888883888838832.:2m_33.38no.. 8ea_§8=8_22.3:B258888:33 288_m:o=83w. V3:885<83?82:8828333_8mw2_a88.588w8<8838$_8<_2a2ma888:58838283 338mmeau28=m_am. _o3.3m§_a88..8mm828%. V82.3838203%223888:0::5$8:88888_=_:m:<mmmg.3328<_8_38.338:8882 28:8:3o82§$.382. V335.9888$8:8828E8288<8mi3888.2<<o3m=.8::8$8888. :02,3:228883S E288885sa_.__8:888588830$28888388583%892888:22.0.82ma332.8381..USS82.8. 82¢mamm<¢8_263832;o38:.38mw.325:588¢88:2838:8.38:ea83¢8%ma.=8n:<88888 <9:38%. Sam3«.22:3 n3.:_88_m29808SowE809 _ 83%92.5;oa%_E:o= _.§.§.8__ 2o3m=83_=8$_8.o8@<<o3.38a3m no:8%.8>==¢_8:m3m§s_<$_a22._§83@2o3m=8338$_8.o_.§.$8.~w3 Page 273 of 392 1 Heather Ruzylo Subject:Flag-Raising: Meals on Wheels From: Meals on Wheels Niagara Falls < Sent: Thursday, March 4, 2021 3:00 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: RE: Flag June would be perfect. Thanks for looking after us. Marianne From: Sarah Conidi [mailto:sconidi@niagarafalls.ca] Sent: March 4, 2021 2:47 PM To: 'Meals on Wheels Niagara Falls' < > Subject: RE: Flag Oh got it – yes, thankfully not the meals… Sounds good – let me know and I will forward that along to be before council. The Children’s mental health awareness flag is scheduled to fly the first week of May, so beyond that, there isn’t much for the next few months. Just FYI – June is Senior’s Month Sarah From: Meals on Wheels Niagara Falls > Sent: Thursday, March 04, 2021 2:31 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: RE: Flag Sarah: I’ll mark it on the calendar to contact you earlier next year. Thankfully we haven’t had to cancel deliveries, just inviting the Mayor to join us!! The flag could actually fly for any month, so it would be great to have it on the council agenda. Thanks so much. Marianne From: Meals on Wheels Niagara Falls < Sent: Thursday, March 04, 2021 8:52 AM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: Flag Hi Sarah: Our provincial group OCSA (Ontario Community Support Association) has declared March as the March for Meals month. We have asked Mayor Jim to go out on delivery with us in past years. We had to cancel out last year’s date because of the pandemic and this year is no different. We do have a Meals on Wheels flag available and wondered if there was a day this month that it could be raised at City Hall for the remainder of March. Could you let me know please? Thanks so much. Marianne McRae Executive Director Page 274 of 392 2 Meals on Wheels Niagara Falls/N-o-t-L mealsonwheels.nf@outlook.com mealsonwheelsniagara.ca Page 275 of 392 1 Heather Ruzylo Subject:NATIONAL CONGRESS 2021 11TH ANNIVERSARY ITALIAN HERITAGE MONTH RAISING OF THE ITALIAN FLAG EVENT From: paulina caramia < Sent: Saturday, March 6, 2021 9:18 AM To: Sarah Conidi <sconidi@niagarafalls.ca>; Cathy Crabbe <ccrabbe@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>; dean <diorfida@niagarafalls.ca>; city clerk <deaniorfidas@nigarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; wayne gates <wgates@caw199.com>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Suzanne Moase <smoase@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; dean <diorfida@niagarafalls.ca>; dean <diorfida@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; bellapaulinainitalia@hotmail.com; italiaecanada@outlook.com; mariacaramia@hotmail.ca; city clerk <deaniorfidas@nigarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; jessicabianchi3@hotmail.com Subject: NATIONAL CONGRESS 2021 11TH ANNIVERSARY ITALIAN HERITAGE MONTH RAISING OF THE ITALIAN FLAG EVENT Hello Sarah, and Everyone in this email, How is everyone, and hope all is well and you and your loved ones are all safe. I am so happy for this years continued request and On behalf of National Congress Italia Canada Niagara Peninsula District, it is my honour and I am so Proud to celebrate our 11th year as President for this district, I am so humbled by the continued growth and relationships with italy and canada here in niagara falls and internationally renowned. The continued celebration of the Raising of The Italian Flag. It brings us to the history of these flag colours, where it all began, the statement it made in those days by building the culture, establishing its foundation, in families, in hand made products, in fashion, in food, in music, and so many other sectors which has influenced so many other countries worldwide. Today 11 years later we mark this day FRIDAY JUNE 4. 2021 AT 1200PM with even more importance in coming together for the SOLIDARITY support. This profound symbol of The Raising of the Italian Flag GREEN WHITE AND RED we take this moment to reflect and thank everyone who has made it possible for us to celebrate such a Great occasion. I am most confident it will definitely bring a sense of of Hope, Peace, Love, Inspiration and Unity in extending our han d in this time of need. Not only to our brothers and sisters of italian origins but for all persons that all have a little 'italianness' in their hearts where ever they may be...This is the real Celebration on this 11th year OF ITALIAN HERITAGE MONTH RAISING OF THE FLAG. LET US ALL COME TOGETHER VIRTUALLY TO SEE THE WONDERS OF WHAT A GREAT FLAG CAN SYMBOLIZE TO SO MANY OF US NEAR AND AFAR.. ( I also extend and invite to any councillor or city hall rep to come out at 1200pm this year. thank you for your continued support we must still move on even with this difficult time we are in ....thank you and God Bless ) DATES REQUESTED FRIDAY JUNE 4, 2021 AT 12:00 PM EST THANK YOU REGARDS Page 276 of 392 2 MS. PAULINA CARAMIA PRESIDENT OF NATIONAL CONGRESS ITALIA CANADA, NIAGARA PENINSULA DISTRICT 9056841719 Page 277 of 392 >_<_m>mm>_umU.I>._.._._>CO>Z>U> N\\_Svm&ma.m=x >:Q>Ews8§§ Ozmému32%PN03 3.3:D83: K823.oH.ZEmE.mE5 33Canonm, 23%..»E?OZ Em$3 Uo?.259.._ _._m<n:5u1<:nmauwozocinm9:.Hannaoo:<a_‘mm:oP8E33:EnRncamq:5» :5§_._Eo€m_Oocbm?omZwmmE.m353.2.833:wimam:UmwEZmmmmnwE5. 25;W:5Bow.”oo_o_uE8mE35:amass»:.55Emmama5&§5a.O: :5,%.,>.558.Emamsm.E:5B?m?om:5?EmamowEmonnsmnson.9.§&:6 :33:mmm.wow59.0Q5:N8wow?Eanmsmm:96..:5235.m:oE&:m5Omsmamw :35ooBBaBo_.m8m«Em.52::3%ms;QEEQ.:20:5com:rosocawowBamm Ea>a3§%_.cmmanmanwow:5CocoaEmamzmmibm5OmsmmmR:5 §¢:mo€m:.QowZwmmwammaymaniam8mmmoowmna:8.am_o<maOw?omZEm8.mE58 :5on_o§.mmos3EzwasmmB:Eo€m_moo_E.m:o:O525%Zr_.EmEm:655% EmmamamE:BEmm:mEaZ?m?mE52::Enoo_o_.:mcm53canmamE58. Hm<mmDJGOH.Sq"EmOUUOHEEQ8nxuaowm8was.Dam“.Z_mv§..Eammm?msoom 3.5%Emrom?oobm??mmos. ¢<w=vm:>19:.3.0 >:a§..ae. mm.Em>_Um:.Ucammc._._._o.OzmémAoimaov_A.__um>A ._.m_._ ma.Bm.$mm..E_mo._m_m-Bm.mmmm.m.3m__U_3o©m3Ummwmam,:mE.om Page 278 of 392 1 Heather Ruzylo Subject:RE: Declaring a special day From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Wednesday, January 13, 2021 6:25 PM To: Joanne Dilts Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: Declaring a special day Thank you for writing back to clarify, Joanne. I’m keying in our City Clerk to help ensure your request comes before City Council. Jim From: Joanne Dilts Sent: Wednesday, January 13, 2021 2:17 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Re: Declaring a special day Thank you for getting back to me so quickly. I have been in touch with the illumination board and the date has been set and approved . I was just curious if the city itself could declare a day in honour of the cause. Thank you again for your assistance and please stay safe. Joanne Dilts Sent from my iPhone On Jan 13, 2021, at 2:13 PM, Jim Diodati <jdiodati@niagarafalls.ca> wrote: Dear Joanne: First, let me offer my sincere condolences to you on the passing of your husband this past year. I know it has been a challenging year at best, and with the passing of your husband, well, my heart goes out to you. The lighting of the falls is overseen by our Illumination Board which is made up of international members from both the United States and Canada. Carmella McDougall who is copied here is the administrator for the Board and I trust that she can guide you through next steps regarding your request. Thank you for reaching out and seeking recognition to help raise awareness. All the best to you, Joanne. Jim Page 279 of 392 2 Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca <image001.png> -----Original Message----- From: Joanne Dilts < Sent: Wednesday, January 13, 2021 9:22 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Declaring a special day Dear Mayor Diodati I apologize if I’m bothering you..not sure where to submit a request. I am looking for information on how to declare a day to commemorate a special event. In my case ...to commemorate World Pancreatic Cancer Day. My husband passed away from this insidious disease last June at the age of 59 after a year long battle. November is pancreatic cancer awareness month and November 19th is world pancreatic cancer awareness day. Landmarks all over the world are illuminated purple to bring awareness of this disease.....to honour those that are fighting and to those that have lost the fight. Anything that we can do to bring this cause more public awareness is very much appreciated. Thank you Mr. Mayor for your time and consideration. Please stay healthy and safe. Sincerely Joanne Dilts Sent from my iPhone Page 280 of 392 SAMPLE PROCLAMATION FOR APRAXIA AWARENESS DAY Whereas, May 14th marks Childhood Apraxia of Speech Day during which awareness will be raised throughout Canada about Childhood Apraxia of Speech, an extremely challenging speech disorder in children. Whereas, Childhood Apraxia of Speech (CAS) causes children to have significant difficulty learning to speak and is among the most severe speech deficits in children. Whereas, the act of learning to speak comes effortlessly to most children, those with apraxia endure an incredible and lengthy struggle. Whereas, without appropriate speech therapy intervention, children with apraxia are placed at high risk for secondary impacts in reading, writing, spelling, and other school-related skills. Whereas, that such primary and secondary impacts diminish future independence and employment opportunities if not resolved or improved. Whereas, most children with apraxia of speech will learn to communicate with their very own voices only if they receive early intervention, appropriate, intensive, and frequent speech therapy. Whereas, it is imperative that there be greater public awareness about childhood apraxia of speech in MUNICIPALITY among community members, physicians, education professionals, policy makers, and elected officials. Whereas, funders such as policy makers, intervent ion program administrators, school boards and insurance providers are encouraged to recognize the critical need to provide adequate speech therapy and other services so that the impact of this disorder is minimized and so that thousands of affected children can grow into productive, contributing adult citizens. Whereas, our highest respect goes to these children, as well as their families, for their effort, determination and resilience in the face of such obstacles. Let it be resolved, that May 14th is “Apraxia Awareness Day” and citizens of MUNICIPALITY are encouraged to work within their communities to increase awareness and understanding of Childhood Apraxia of Speech. Page 281 of 392 City of Niagara Falls March 22, 2021 4310 Queen Street Niagara Falls, ON L2E 6X5 ATTENTION: NIAGARA FALLS CITY COUNCIL To all of the members of the Niagara Falls City Council, please accept this as a thank you for your recent support and generosity towards our “LudzyStrong” t-shirt initiative and for your kind words towards Steve, Maryann and the family while they wait for his live liver transplant. Without our community partners we wouldn’t be able to continue to support the Ludzik Parkinson’s Rehab Centre located at Hotel Dieu Shaver Rehabilitation Hospital here in Niagara. Today, we are looking for your support once again, with the recognition of National Parkinson’s’ s Day which falls on Sunday April 11th, 2021. April is Parkinson’s Awareness Month globally and the 11th is recognized in memory of Dr. James Parkinson, whose birthday is the 11th. Dr. Parkinson’s was instrumental in identifying the anomaly for “the” medication to help people living with PD (to which is still being used today – Levodopa/Sinemet) in 1964. Dan Lancione of our foundation, was speaking with Councillor Mike Strange earlier today regarding the possibility of Illuminating the Falls in Red on the 11th of April to share with all those that are living in our community and around the world that we are in this together and people are not alone. You might wonder why the color “red”; the national symbol for PD is the Red/White Tulip. Our vision at The Ludzik Foundation is to help people to “Live Well with Parkinson’s” today and we share this philosophy with everyone who comes through the Ludzik PD Clinic and participates in our one-of-a-kind, multidisciplinary FREE program. We hope that you will consider honoring the over 100,000 Canadians (over 5000 in Niagara) living with Parkinson’s and their families by illuminating the Falls in red on April 11th. Please know that by doing so you are “making a difference” for all of us living with PD and our families in our community. Warm regards, Maureen Thun Executive Director www.steveludzikfoundation.com 905-580-9925 Page 282 of 392 Page 283 of 392 The City of Niagara Falls, Ontario Resolution March 23, 2021 No. _________ Moved by: Seconded by: WHEREAS Subsection 34(17) of the Planning Act,1990 R.S.O. states where a change is made to a proposed by-law after holding the required public meeting, that council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by - law; and WHEREAS before approving AM-2020-007 on March 23, 2021, Council held a public meeting in compliance with subsection 34(12) of the Planning Act, and WHEREAS staff have modified the amendment since the public meeting was held which has adjusted a number of tall building setbacks; and WHEREAS that the changes to the proposed by-law are minor and do not require further notice; THEREFORE BE IT RESOLVED that in accordance with subsection 34(17) of the Planning Act, 1990 R.S.O, Council determines that the changes to the proposed zoning by-law for AM-2020-007 to implement the Transit Station Area Secondary Plan are minor and do not require further notice. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2018\AM-023\Resolution-Two Year.docx Page 284 of 392 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 the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream between Her Majesty the Queen in right of the Province of Ontario represented by the Ministry of Transportation WHEREAS it is deemed expedient to authorize the execution of an Agreement with Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario for funding under the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream. 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 the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream, is hereby approved. 2. That the Mayor and Clerk and, as applicable, the delegate specified in Schedule “B” of the Agreement are hereby authorized to execute on behalf of the City Of Niagara Falls any amendment to the Agreement or ancillary document necessary to fulfill the ICIP requirements in a form satisfactory to Legal Services. 3. 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. 4. That the City Of Niagara Falls commits to spending Investing in Canada Infrastructure Program funding in accordance with all of the terms and conditions specified in the Agreement. Page 285 of 392 5. That the City Of Niagara Falls commits to spending Investing in Canada Infrastructure Program funding only on implementing the approved projects identified in the Agreement. 6. 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 23rd day of March, 2021. ........................................................... ..................................................... WILLIAM G. MATSON, JAMES M. DIODATI, MAYOR CITY CLERK Page 286 of 392 Niagara Falls and Ontario ICIP TPA TRANSFER PAYMENT AGREEMENT FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): PUBLIC TRANSIT STREAM THIS TRANSFER PAYMENT AGREEMENT for the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream (the “Agreement”) is effective as of the Effective Date. B E T W E E N Her Majesty the Queen in right of the Province of Ontario, 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 Investing in Canada Infrastructure Program (“ICIP”) is a federal infrastructure program designed to create long-term economic growth, build inclusive, sustainable and resilient communities, and support a low-carbon economy. The Government of Canada (“Canada”) announced, in its Budget 2016 and Budget 2017, over $180 billion for the ICIP to support sustainable and inclusive communities, while driving economic growth. The federal Minister of Infrastructure, Communities and Intergovernmental Affairs and the provincial Minister of Infrastructure entered into the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program (“Bilateral Agreement”), for Canada to provide financial support to the Province. Under the Bilateral Agreement, Canada agrees to provide contribution funding to Ontario under the public transit stream of ICIP. Also, under the Bilateral Agreement, Ontario agrees to identify projects, including municipal projects, and be responsible for the transfer of ICIP and provincial funds to eligible municipalities pursuant to transfer payment agreements. The Recipient has applied to the Province for ICIP funds to assist the Recipient in carrying out one or more public transit infrastructure projects. Page 287 of 392 Niagara Falls and Ontario ICIP TPA The Province has submitted to Canada for approval and Canada has approved , in accordance with the terms and conditions set out in the Bilateral Agreement, the Project or Projects, as the case may be. The Agreement sets out the terms and conditions upon which ICIP funds will be provided to the Recipient for carrying out the Project or Projects, as the case may be. 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-schedules to the Agreement. The following schedules and sub- schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Specific Information Schedule “C” - Project Description, Budget, Timelines, and Standards Sub-schedule “C.1” - Project Description, Budget, and Timelines Schedule “D” - Reports Sub-schedule “D.1” - Project Tier Classification and Other Information Schedule “E” - Eligible Expenditures and Ineligible Expenditures Schedule “F” - Evaluation Schedule “G” - Communications Protocol Schedule “H” - Disposal of Assets Schedule “I” - Aboriginal Consultation Protocol Schedule “J” - Requests for Payment and Payment Procedures Sub-schedule “J.1” - Form of Certificate from Recipient Sub-schedule “J.2” - Form of Declaration of Project Substantial Completion Sub-schedule “J.3” - Form of Certificate from a Professional Engineer for Project Substantial Completion Sub-schedule “J.4” - Form of Certificate from an Independent Engineer to Certify Progress Schedule “K” - Committee 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties in respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 288 of 392 Niagara Falls and Ontario ICIP TPA 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) the main body of the Agreement and any of the requirements of a schedule or a sub-schedule, the main body of the Agreement will prevail to the extent of the conflict or inconsistency; (b) 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 conflict or inconsistency; or (c) a schedule and any of the requirements of a sub -schedule, the schedule will prevail to the extent of the conflict or inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. 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 AND AGREEMENT REVIEW 4.1 Amending the Agreement. Subject to sections C.3.3 (Amending the Agreement for Minor Changes to the Project Description, Budget, and Timelines) and D.7.2 (Amending the Agreement for Minor Changes to the Reporting), the Agreement may only be amended by a written agreement duly executed by the representatives of the Parties listed on the signature page below. Page 289 of 392 Niagara Falls and Ontario ICIP TPA 4.2 Agreement Review. If, pursuant to section 25.10 (Review of Agreement) of the Bilateral Agreement, the Bilateral Agreement is reviewed after three or five years, or both, of the effective date of the Bilateral Agreement, and any changes to the Bilateral Agreement are required as a result, the Parties agree to amend the Agreement as necessary and consistent with such changes. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement from Recipient. The Recipient acknowledges, in respect of each Project, that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province or Canada; (b) the Province and Canada are not responsible for carrying out the Project; (c) the Province’s and Canada’s role in respect of the Project is limited to making a financial contribution to the Recipient for the Project, and the Province and Canada are not involved in the Project or its operation; (d) the Province and Canada are neither decision-makers nor administrators in respect of the Project; (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; and (f) Canada is bound by the Access to Information Act (Canada) and any information provided to Canada by either the Province or the Recipient in connection with the Project 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 any Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 6.0 CANADA’S RIGHTS AND INFORMATION SHARING WITH CANADA 6.1 Third Party Beneficiary. The Recipient agrees that, although the Agreement is between the Province and the Recipient, Canada is, in respect of the rights, covenants, remedies, obligations, indemnities, and benefits (together referred to as “Rights”) Page 290 of 392 Niagara Falls and Ontario ICIP TPA undertaken or given to Canada in the Agreement, a third party beneficiary under the Agreement and is entitled to rely upon and directly enforce those Rights as if Canada were a party to the Agreement. 6.2 Sharing of Information with the Province and Canada. The Recipient agrees that, consistent with section 6.1 (Third Party Beneficiary) and for the implementation of the Bilateral Agreement: (a) the Province or Canada, or both, and in respect of Canada either directly or through the Province, may, upon Notice to the Recipient, request additional information from the Recipient including, without limitation, information for any determination under Article A.28.0 (Environmental Requirements and Assessments) and Article A.29.0 (Aboriginal Consultation); (b) if the Province or Canada, or both, provide the Recipient with Notice under paragraph 6.2(a), the Recipient will, within the timelines set out in the Notice, deliver the information to either the Province or Canada, or both, as required ; and (c) the Province or Canada, or both, may share any information received from the Recipient pursuant to the Agreement with each other. - SIGNATURE PAGE FOLLOWS - Page 291 of 392 Niagara Falls and Ontario ICIP TPA 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 292 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “A” GENERAL TERMS AND CONDITIONS A.1.0 INTERPRETATION AND DEFINITIONS A.1.1 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 headings do not form part of the Agreement; they are for information and 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. A.1.2 Definitions. In the Agreement, the following terms have the following meanings: “Aboriginal Community” has the meaning ascribed to it in section I.1.1 (Definitions). “Aboriginal Consultation Record” means the Aboriginal Consultation Record described in section I.3.1 (Requirements for Aboriginal Consultation Record). “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Schedules and Sub-schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Asset” means any real or personal property, or immovable or movable asset, acquired, purchased, constructed, rehabilitated, renovated or improved, in whole or in part, with any of the Funds. “Authorities” means any government authority, agency, body or department, whether federal, provincial, or municipal, having or claiming jurisdiction over the Agreement or any Project, or both. “Bilateral Agreement” means the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program entered into between Canada and Her Majesty the Queen in right of Ontario, effective as of March 26, 2018. “Budget” means, in respect of a Project, the Project budget set out in Sub-schedule “C.1” (Project Description, Budget, and Timelines). Page 293 of 392 Niagara Falls and Ontario ICIP TPA “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. “Canada” means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. “Canadian Content Policy” means the Ministry of Transportation Canadian Content for Transit Vehicle Procurement Policy, as amended from time to time. “Certificate from a Professional Engineer for Project Substantial Completion” means a Certificate from a Professional Engineer in the form set out in Sub-schedule “J.3” (Form of Certificate from a Professional Engineer for Project Substantial Completion). “Certificate from an Independent Engineer to Certify Progress” means a Certificate from an Independent Engineer to Certify Progress in the form set out in Sub-schedule “J.4” (Form of Certificate from an Independent Engineer to Certify Progress). “Committee” refers to a Committee established pursuant to section A.30.1 (Establishment of Committee). “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi -media products, and all related communication materials under the Agreement. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, in respect of any Project in return for financial consideration. “Declaration of Project Substantial Completion” means a Declaration of Project Substantial Completion in the form set out in Sub-schedule “J.2” (Form of Declaration of Project Substantial Completion). “Effective Date” means the date of signature by the last signing party to the Agreement. “Eligible Expenditures” means the costs in respect of each Project the Recipient has incurred and paid and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in Schedule “E” (Eligible Page 294 of 392 Niagara Falls and Ontario ICIP TPA Expenditures and Ineligible Expenditures). “Environmental Laws” means all applicable federal, provincial, or municipal laws, regulations, by-laws, orders, rules, policies, or guidelines respecting the protection of the natural environment, public, or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal , and treatment of environmental contaminants and includes, without limitation, the Environmental Protection Act (Ontario), Environmental Assessment Act (Ontario), Ontario Water Resources Act (Ontario), Canadian Environmental Protection Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012 (Canada), Fisheries Act (Canada), and Navigation Protection Act (Canada). “Evaluation” means an evaluation in respect of any Project, the Projects or the ICIP as described in Article F.1.0 (Projects and ICIP Evaluations). “Event of Default” has the meaning ascribed to it in section A.12.1 (Events of Default). “Expiry Date” means the expiry date set out in Schedule “B” (Specific Information). “Federal Approval Date” means the date on which Canada has approved a Project identified in Sub-schedule “C.1” (Project Description, Budget, and Timelines). “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever comes first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Holdback” means the Holdback described in and to be paid in accordance with section A.4.12 (Retention of Contribution) and Article J.7.0 (Holdback). “ICIP” means the federal infrastructure program described in the first paragraph of the “Background” to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario and Her Majesty the Queen in right of Canada, and includes their respective ministers, officers, servants, agents, appointees, and employees. Page 295 of 392 Niagara Falls and Ontario ICIP TPA “Ineligible Expenditures” means the costs in respect of each Project that are ineligible for contribution by the Province and Canada under the terms and conditions of the Agreement, and that are described in Schedule “E” (Eligible Expenditures and 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 any Project or any part of the Agreement or the Bilateral Agreement. “Maximum Funds” means the maximum Funds amount set out Schedule “B” (Specific Information). “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 A.12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.12.4 (Recipient Not Remedying). “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Person” means, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees, or agents. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding, whether in contract, tort (including negligence), or otherwise, that anyone makes, brings, or prosecutes as a result of or in connection with any Project or any part of the Agreement or the Bilateral Agreement. “Progress Report” means the Progress Report described in Article D.1.0 (Progress Reports). “Project Substantial Completion Date” means, in respect of any Project, the Project Substantial Completion Date indicated on the Declaration of Project Substantial Completion. “Projects” means, collectively, the undertakings described in Sub-schedule “C.1” (Project Description, Budget, and Timelines), and “Project” means any one of them. “Records Review” means any assessment the Province conducts pursuant to section A.7.4 (Records Review). Page 296 of 392 Niagara Falls and Ontario ICIP TPA “Reports” means the reports described in Schedule “D” (Reports). “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, and includes the Environmental Laws. “Substantial Completion” or “Substantially Completed” means, in respect of any Project, that the Project can be used for the purpose for which it was intended. “Term” means the period of time described in section A.3.1 (Term). “Third Party” means any person or legal entity, other than a Party, who participates in the implementation of any Project by means of a Contract. “Timelines” means the Project schedule described in Sub-schedule “C.1” (Project Description, Budget, and Timelines). “Total Financial Assistance” means the total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, regional, band council, and Indigenous government sources; private sources; and in- kind contributions. A.2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A.2.1 General. The Recipient represents, warrants, and covenants that, in respect of each Project: (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; (c) 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, any information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; and (d) any Funds received have not displaced, and will continue to not displace, the Recipient’s own funding and spending on public transit. Page 297 of 392 Niagara Falls and Ontario ICIP TPA A.2.2 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. A.2.3 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 Funds prudently and effectively; (b) procedures to enable the Recipient to complete each Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of each Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting, and Review); and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties, and Covenants). A.3.0 TERM OF THE AGREEMENT AND SUBSTANTIAL COMPLETION A.3.1 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 A.11.0 (Termination on Notice) or Article A.12.0 (Event of Default, Corrective Action, and Termination for Default). A.3.2 Substantial Completion. The Recipient will ensure that each Project is Substantially Completed on or before October 31, 2027. A.4.0 FUNDS AND CARRYING OUT THE PROJECT A.4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Projects; Page 298 of 392 Niagara Falls and Ontario ICIP TPA (b) provide the Funds to the Recipient in accordance with the request for payment and payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures); and (c) deposit the Funds into an account the Recipient designates, provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.32.1 (Special Conditions); and (ii) any instalment of Funds in respect of any Project until the Province and Canada are satisfied with the progress of the Project; (b) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province may reduce or terminate the amount of Funds it provides to the Recipient in response to a reduction of appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, Page 299 of 392 Niagara Falls and Ontario ICIP TPA whether in contract or in tort (including negligence) or otherwise, arising from any reduction or termination of Funds. If any changes to the Agreement, including changes in respect of any Project or Budget, are required as a result, the Parties agree to amend the Agreement accordingly. A.4.3 Use of Funds and Carry Out the Project. The Recipient will, in respect of each Project, do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any Ineligible Expenditure; and (e) 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, or ministry, department, agency, or organization of the Government of Ontario or of the Government of Canada. A.4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A.4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A.4.6 Maximum Funds and Recovery of Excesses. The Recipient acknowledges that: (a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds; (b) if Canada’s total contribution from all federal sources in respect of any Project exceeds, in the aggregate, the sum of the amounts set out in column I (Federal Contribution Towards the Total Eligible Expenditures of the Project) and column K (Other Federal Contribution Towards the Total Costs of the Project) of the Budget for that Project, the Province may recover the excess from the Recipient or reduce the contribution under the Agreement by an amount equal to the excess; (c) if the Province’s total contribution from all provincial sources in respect of any Project exceeds the amount set out in column L (Provincial Contribution Towards Page 300 of 392 Niagara Falls and Ontario ICIP TPA the Total Eligible Expenditures of the Project) of the Budget for that Project, the Province may recover the excess from the Recipient or reduce the contribution under the Agreement by an amount equal to the excess; and (d) if the Total Financial Assistance received in respect of any Project exceeds the amount set out in column H (Total Eligible Expenditures of the Project) of the Budget for that Project, the Province may, up to the Maximum Funds, recover the excess from the Recipient or reduce the contribution under the Agreement by an amount equal to the excess. A.4.7 Disclosure of Other Financial Assistance. The Recipient will inform the Province promptly of any financial assistance received in respect of any Project. A.4.8 Rebates, Credits, and Refunds. The Province will, in respect of any Project, calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A.4.9 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will, in respect of any Project, assume full responsibility for the Project, including, without limitation: (a) complete, diligent, and timely Project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; (b) all of the costs of the Project, including, without limitation, unapproved expenditures, Ineligible Expenditures, and cost overruns, if any; (c) subsequent operation, maintenance, repair, rehabilitation, construction, demolition, or reconstruction, as required and in accordance with industry standards, and any related costs for the full lifecycle of the Project; and (d) the engineering work being undertaken in accordance with industry standards. A.4.10 Increase in Project Costs. If, at any time during the Term and in respect of any Project, the Recipient determines that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a “Shortfall”), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30 days of a request from the Province, provide a summary of the measures that it proposes to remedy the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.12.4 (Recipient Not Remedying). A.4.11 Recipient’s Request for Payment and Payment Procedures. The Recipient agrees to submit its requests for payment in accordance with the payment procedures Page 301 of 392 Niagara Falls and Ontario ICIP TPA provided for in Schedule “J” (Requests for Payment and Payment Procedures). A.4.12 Retention of Contribution. The Province will retain a maximum of 10% of the provincial funding and 5% of the federal funding in respect of each Project (“Holdback”) up until the following conditions have been met: (a) the Recipient has fulfilled all of its obligations under the Agreement for the Project; (b) the Recipient has submitted a Declaration of Project Substantial Completion to the Province; and (c) the Parties have jointly carried out a final reconciliation, as set out in section J.6.1 (Final Reconciliation and Adjustments), and made any adjustments required in the circumstances. A.5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, CONTRACT PROVISIONS, AND DISPOSAL OF ASSETS A.5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that: (a) is fair, transparent, competitive, and consistent with value for money principles, or in a manner otherwise acceptable to Canada; (b) if applicable, is in accordance with the Canadian Free Trade Agreement and international agreements; and (c) is in compliance with the Canadian Content Policy, a copy of which the Province will provide to the Recipient. A.5.2 Non-Compliance with Acquisition Requirements. If the Province or Canada determines that a Contract is awarded in a manner that is not in compliance with the requirements in section A.5.1 (Acquisition), upon giving Notice to the Recipient, the Province may consider the expenditures associated with the Contract to be an Ineligible Expenditure. A.5.3 Exemptions to Competitive Awarding. Canada may consent to the provision of exemptions from competitive awarding of Contracts on a case-by-case basis, if the Recipient: (a) provides a written request indicating the business case rationale for the exemption, in advance of the Contract being awarded; (b) provides a consultant or contractor quote for market value; and Page 302 of 392 Niagara Falls and Ontario ICIP TPA (c) attests to: (i) following value-for-money procurement processes for materials and sub- contracts; and (ii) following its own policies and procedures. A.5.4 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure: (a) that proper and accurate accounts and records are kept and maintained as described in the Agreement including, but not limited to, in paragraph A.7.3(a); (b) that all applicable Requirements of Law including, without limitation, labour and human rights legislation, are complied with; and (c) that the Contract secures the respective rights of the Province and Canada, and any authorized representative or independent auditor identified by the Province or Canada, and the Auditor General of Ontario and the Auditor General of Canada to: (i) inspect and audit the terms of any Contract, record or account in respect of any Project; and (ii) have free and timely access to the Project sites and facilities, and any records, documentation or information, as contemplated pursuant to section A.7.5 (Inspection and Removal). A.5.5 Disposal of Assets. The Recipient will not, unless in accordance with the terms and conditions set out in Schedule “H” (Disposal of Assets), sell, lease, encumber, or otherwise dispose, directly or indirectly, of any Asset. A.6.0 CONFLICT OF INTEREST A.6.1 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient or 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 by a reasonable person to interfere with the Recipient’s objective, unbiased, and impartial judgment in respect of any Project or the use of the Funds, or both; or Page 303 of 392 Niagara Falls and Ontario ICIP TPA (b) a former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes, or policies of Canada apply will derive a direct benefit from the Agreement, unless the provision or receipt of such benefits complies with such legislation, guidelines, policies, or codes. A.6.2 No Conflict of Interest. The Recipient will carry out each Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province consents to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A.7.0 REPORTING, ACCOUNTING, AND REVIEW A.7.1 Province and Canada Include. For the purpose of sections A.7.4 (Records Review), A.7.5 (Inspection and Removal) and A.7.6 (Cooperation), “Province” includes Canada and any auditor or representative that the Province or Canada, or both, may identify. A.7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A.16.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements provided for in Schedule “D” (Reports); 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 Page 304 of 392 Niagara Falls and Ontario ICIP TPA (ii) signed by an authorized signing officer of the Recipient. A.7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years after the Expiry Date: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles, including but not limited to its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to each Project; and (b) all non-financial records and documents relating to the Funds or otherwise to each Project. A.7.4 Records Review. The Province may, at its own expense, upon 24 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; (b) the progress of any Project; (c) the Recipient’s allocation and expenditure of the Funds. A.7.5 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 or documents referred to in section A.7.3 (Record Maintenance); and (b) remove any copies the Province makes pursuant to section A.7.5(a). A.7.6 Cooperation. To assist the Province in respect of its rights provided for in section A.7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) coordinating access with any Third Party; (c) assisting the Province to copy the records and documents; (d) providing to the Province, in the form the Province specifies, any information the Province identifies; and (e) carrying out any other activities the Province requests. Page 305 of 392 Niagara Falls and Ontario ICIP TPA A.7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province or Canada, or both, any control whatsoever over the Recipient’s records. A.7.8 Auditor General (Ontario and Canada). The Province’s rights under this Article A.7.0 (Reporting, Accounting, and Review) are in addition to any rights provided to the Auditor General of Ontario pursuant to section 9.2 of the Auditor General Act (Ontario) and to the Auditor General of Canada pursuant to section 7.1 of the Auditor General Act (Canada). A.7.9 Sharing of Audit Findings and Reports. The Recipient acknowledges that Canada and the Province may: (a) inform each other, and any of their respective authorized representatives and auditors, that an audit is being conducted; and (b) share the findings of any audit, including any audit report, with each other and any of their respective authorized representatives and auditors. A.7.10 Evaluation. The Recipient agrees to participate in any Evaluation and comply with the requirements for such Evaluation that are set out in Schedule “F” (Evaluation). A.7.11 Calculations. The Recipient will make all calculations and prepare all financial data to be submitted in accordance with the generally accepted accounting principles in effect in Canada. These will include, without limitation, those principles and standards approved or recommended from time to time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, or any successor institute, applied on a consistent basis. A.7.12 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact or event of which it is aware that has or will compromise, wholly or in part, any Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Communications Protocol. The Parties agree to be bound by the terms and conditions of the communications protocol provided for in Schedule “G” (Communications Protocol). A.9.0 LIMITATION OF LIABILITY AND INDEMNITY A.9.1 Province and Canada Limitation of Liability. In no event will any of the Indemnified Parties be held liable for any damages, including direct, indirect, consequential, Page 306 of 392 Niagara Falls and Ontario ICIP TPA exemplary, or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, for: (a) any injury to any Person, including, but not limited to, death, economic loss, or infringement of rights; (b) any damage to or loss or destruction of property of , any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation in relation to the Agreement, the Bilateral Agreement, or any Project or Projects. A.9.2 Indemnification of the Province and Canada. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding based upon or occasioned by: (a) any injury to any Person, including, but not limited to, death, economic loss , or any infringement of rights; (b) any damage to, or loss or destruction of, property of any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation, except to the extent to which such Loss or Proceeding is caused by the negligence or wilful misconduct of any Indemnified Party in the performance of that Indemnified Party’s duties. A.9.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any Proceeding against any of the Indemnified Parties and any negotiations for their settlement. A.9.4 Province’s Election. The Province or Canada, or both, may elect to participate in, or conduct the defence of, any Proceeding by providing Notice to the Recipient of such election, without prejudice to any other rights or remedies of the Province under the Agreement or of the Province or Canada under the Bilateral Agreement, at law or in equity. If the Province, Canada, or the Recipient, as applicable, participates in the defence, it will do so by actively participating with the other’s counsel. A.9.5 Settlement Authority. The Recipient will not enter into a settlement of any Proceeding against any of the Indemnified Parties unless the Recipient has obtained from the Province or Canada, as applicable, prior written approval or a waiver of this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will Page 307 of 392 Niagara Falls and Ontario ICIP TPA cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations. A.9.6 Recipient’s Cooperation. If the Province or Canada conducts the defence of any Proceeding, the Recipient will cooperate with and assist the Province or Canada, as applicable, to the fullest extent possible in the Proceeding and any related settlement negotiations. A.10.0 INSURANCE A.10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Projects would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than $2,000,000.00 per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds in respect of liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A.10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) annually, certificates of insurance that confirm the insurance coverage as provided in section A.10.1 (Recipient’s Insurance); or (ii) other proof that confirms the insurance coverage as provided for in section A.10.1 (Recipient’s Insurance); and (b) at the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement or both. Page 308 of 392 Niagara Falls and Ontario ICIP TPA A.11.0 TERMINATION ON NOTICE A.11.1 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. A.11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A.11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down any Project or the Projects, as applicable, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to paragraph A.11.2(b); and (ii) subject to paragraph A.4.1(a), provide Funds to the Recipient to cover such costs. A.12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A.12.1 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 failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) carry out any Project in whole or in part; (b) use or spend Funds; or (c) provide, in accordance with section A.7.2 (Preparation and Submission), Reports or such other reports as the Province may have requested pursuant to paragraph A.7.2(b). A.12.2 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) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of any Project; Page 309 of 392 Niagara Falls and Ontario ICIP TPA (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) 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; (h) demand from the Recipient the repayment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty, or costs to the Province upon giving Notice to the Recipient. A.12.3 Opportunity to Remedy. If, in accordance with paragraph A.12.2(b), 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. A.12.4 Recipient Not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A.12.2(b), 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 Page 310 of 392 Niagara Falls and Ontario ICIP TPA provided for in paragraphs A.12.2(a), (c), (d), (e), (f), (g), (h), (i), and (j). A.12.5 When Termination Effective. Termination under this Article A.12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A.13.0 FUNDS AT THE END OF A FUNDING YEAR A.13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A.12.0 (Event of Default, Corrective Action, and Termination for Default), if, in respect of any Project, the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget for that Project, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A.13.2 Effect of Action Taken by the Province. If the Province takes any action under section A.13.1 (Funds at the End of a Funding Year), the Parties will review the effect of such action on the overall implementation of the Project and may amend the Agreement. A.14.0 FUNDS UPON EXPIRY A.14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession, under its control, or both. A.15.0 DEBT DUE AND PAYMENT A.15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount the Recipient is entitled to 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 to the Province an amount equal to the excess Funds. A.15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds or any other amounts owing under the Agreement; or Page 311 of 392 Niagara Falls and Ontario ICIP TPA (b) the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts owing under the Agreement, whether or not the Province has demanded their payment, such amounts will be deemed to be debts 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. A.15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then-current interest rate charged by the Province of Ontario on accounts receivable. A.15.4 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 at the address set out in Schedule “B” (Specific Information) for the purposes of Notice to the Province. A.15.5 Failure to Repay. 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. A.16.0 NOTICE A.16.1 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” (Specific Information), or as either Party later designates to the other by Notice. A.16.2 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 delivered; and (b) in the case of email, personal delivery, or courier, on the date on which the Notice is delivered. A.16.3 Postal Disruption. Despite paragraph A.16.2(a), in the event of a postal disruption: Page 312 of 392 Niagara Falls and Ontario ICIP TPA (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. A.17.0 CONSENT BY PROVINCE OR CANADA AND COMPLIANCE BY RECIPIENT A.17.1 Consent. When the Province or Canada 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 or Canada may have attached to the consent. A.18.0 SEVERABILITY OF PROVISIONS A.18.1 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. A.19.0 WAIVER A.19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A.19.2 Waiver Applies. If in response to a request made pursuant to section A.19.1 (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. A.19.3 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A.16.0 (Notice). Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. Page 313 of 392 Niagara Falls and Ontario ICIP TPA A.20.0 INDEPENDENT PARTIES A.20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of either the Province or Canada, 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 actions that could establish or imply such a relationship. A.20.2 No Authority to Represent. Nothing in the Agreement is to be construed as authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of the Province or Canada, or both, or to act as an agent for the Province or Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and a Third Party contains a provision to that effect. A.21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A.21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A.21.2 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. A.22.0 GOVERNING LAW A.22.1 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. A.23.0 FURTHER ASSURANCES A.23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time in 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. Page 314 of 392 Niagara Falls and Ontario ICIP TPA A.24.0 JOINT AND SEVERAL LIABILITY A.24.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A.25.0 RIGHTS AND REMEDIES CUMULATIVE A.25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A.26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A.26.1 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. A.27.0 SURVIVAL A.27.1 Survival. Any rights and obligations of the Parties that, by their nature, extend beyond the termination of the Agreement will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. Surviving provisions include, without limitation, the following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules, and sub- schedules: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.0 (Acknowledgement), 6.0 (Canada’s Rights and Information Sharing with Canada), A.1.0 (Interpretation and Definitions) and any other applicable definitions, paragraphs A.2.1(a), A.4.2(c), sections A.4.4 (Interest-Bearing Account), A.4.5 (Interest), A.4.8 (Rebates, Credits, and Refunds), A.5.5 (Disposal of Assets), A.7.1 (Province and Page 315 of 392 Niagara Falls and Ontario ICIP TPA Canada Include), A.7.2 (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), A.7.3 (Record Maintenance), A.7.4 (Records Review), A.7.5 (Inspection and Removal), A.7.6 (Cooperation), A.7.7 (No Control of Records), A.7.8 (Auditor General (Ontario and Canada)), A.7.9 (Sharing of Audit Findings and Reports), A.7.10 (Evaluation), A.7.11 (Calculations), Articles A.8.0 (Communications Requirements), A.9.0 (Limitation of Liability and Indemnity), sections A.11.2 (Consequences of Termination on Notice by the Province), A.12.1 (Events of Default), paragraphs A.12.2(d), (e), (f), (g), (h), (i) and (j), Articles A.13.0 (Funds at the End of a Funding Year), A.14.0 (Funds Upon Expiry), A.15.0 (Debt Due and Payment), A.16.0 (Notice), and A.18.0 (Severability of Provisions), section A.21.2 (Agreement Binding), and Articles A.22.0 (Governing Law), A.24.0 (Joint and Several Liability), A.25.0 (Rights and Remedies Cumulative), A.27.0 (Survival), A.28.0 (Environmental Requirements and Assessments), A.29.0 (Aboriginal Consultation), and A.32.0 (Special Conditions). A.28.0 ENVIRONMENTAL REQUIREMENTS AND ASSESSMENTS A.28.1 Federal Environmental Requirements. Without limitation to the Recipient’s obligations to comply with Environmental Laws and for greater clarity: (a) no site preparation, removal of vegetation or construction will occur in respect of any Project; and (b) the Province will have no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province, until Canada is satisfied that federal requirements are met, and continue to be met, under the following: (i) Canadian Environmental Assessment Act, 2012; (ii) other applicable environmental assessment legislation that is or may come into force during the term of the Agreement; and (iii) other applicable agreements between Canada and Aboriginal Communities. A.28.2 Assessments. The Recipient will complete the assessments that are required in Sub- schedule “D.1” (Project Tier Classification and Other Information) and are further described in Schedule “D” (Reports). A.29.0 ABORIGINAL CONSULTATION A.29.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and conditions of the Aboriginal Consultation Protocol provided for in Schedule “I” (Aboriginal Consultation Protocol). Page 316 of 392 Niagara Falls and Ontario ICIP TPA A.29.2 Legal Duty to Consult. Until Canada and, if applicable, the Province are satisfied that any legal duty to consult and, where appropriate, to accommodate Aboriginal Communities, or any other federal consultation requirement, has been, and continues to be met: (a) no site preparation, removal of vegetation or construction will occur in respect of any Project; and (b) the Province has no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province and Canada; and, for any Project requiring consultation, Canada and, if applicable, the Province must be satisfied that: (i) Aboriginal Communities have been notified and, if applicable, consulted; (ii) where consultation has occurred, the Recipient has provided a summary of consultation or engagement activities, including a list of Aboriginal Communities consulted, concerns raised, and how each of the concerns have been addressed or, if not addressed, an explanation as to why not; (iii) the Recipient is carrying out accommodation measures, where appropriate; and (iv) any other information has been provided which Canada or Ontario, or both, may deem appropriate. A.29.3 Funding Conditional upon Meeting Aboriginal Consultation Obligations. No funds will be provided to the Recipient under the Agreement unless Canada and, if applicable in the opinion of the Province, the Province are satisfied that their respective obligations have been met in respect of the legal duty to consult and, if applicable, accommodate any Aboriginal Community. A.30.0 COMMITTEE A.30.1 Establishment of Committee. The Province may, at its sole discretion, require the establishment of a committee to oversee the Agreement (the “Committee”). A.30.2 Notice of Establishment of Committee. Upon Notice from the Province, the Parties will hold an initial meeting to establish, in accordance with Schedule “K” (Committee), the Committee described in section A.30.1 (Establishment of Committee). A.31.0 DISPUTE RESOLUTION A.31.1 Contentious Issues. The Parties will keep each other informed of any issues that could be contentious. Page 317 of 392 Niagara Falls and Ontario ICIP TPA A.31.2 Examination by the Committee and Parties. If a contentious issue arises and a Committee has been established under section A.30.1 (Establishment of Committee), the Parties will refer the contentious issue that may arise to the Committee for examination. In the absence of a Committee, the Parties will examine the contentious issue. A.31.3 Potential Dispute Resolution by Committee. The Committee or the Parties, as the case may be, will attempt, reasonably and in good faith, to resolve disputes as soon as possible and, in any event, within, for the Committee, 30 days, or, for the Parties, 90 days of receiving Notice of a contentious issue. A.31.4 Dispute Resolution by the Parties. If the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within 60 Business Days of the Notice. A.31.5 Alternative Mechanisms for Dispute Resolutions. Where the Parties cannot agree on a resolution, the Parties may use any alternative dispute resolution mechanisms available to them to resolve the issue. A.31.6 Suspension of Payments. The Province may suspend any payments related to any contentious issue or dispute raised by either Party, together with the obligations related to such issue, pending resolution. A.32.0 SPECIAL CONDITIONS A.32.1 Special Conditions. The Province’s funding under the Agreement is conditional upon, (a) on or before the Effective Date, the Recipient having provided the Province with: (i) evidence satisfactory to the Province that the Recipient’s council has passed a municipal by-law authorizing the Recipient to execute the Agreement; (ii) the certificates of insurance or any other proof the Province may request pursuant to section A.10.2 (Proof of Insurance); (iii) banking information, such as a void cheque or a bank letter, for an interest- bearing account in the name of the Recipient at a Canadian financial institution, into which the Province may transfer funds electronically; and (iv) an asset management self-assessment, in the form and at the address provided by the Province. Page 318 of 392 Niagara Falls and Ontario ICIP TPA (b) prior to submitting a request for payment in respect of any Project under the Agreement, (i) the Recipient having provided the Province with written confirmation that: a. the Recipient is in compliance with all Environmental Laws, including the Recipient’s obligations under section A.28.1 (Federal Environmental Requirements), and has obtained all necessary approvals and permits; b. the Recipient has met any requirements under Article A.29.0 (Aboriginal Consultation) that may apply to the Project; and c. if the Recipient does not own the land on which the Project is to be carried out, the Recipient has entered into legally binding agreements with all owners of such land, which agreements are consistent with, and incorporates the relevant provisions of the Agreement; and (ii) the Recipient having provided the Province with any required assessments pursuant to Article A.28.0 (Environmental Requirements and Assessments); and (c) on or before February 1 in each of the years 2021, 2023 and 2024, unless the Project has reached Substantial Completion before such date, the Recipient having provided the Province with an asset management self-assessment, in the form and at the address provided by the Province. For greater certainty, if the Province provides any Funds to the Recipient before the conditions set out in this Article A.32.0 (Special Conditions) have been met, and unless the Province has waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A.12.2 (Consequences of Event of Default and Corrective Action). END OF GENERAL TERMS AND CONDITIONS Page 319 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “B” SPECIFIC INFORMATION Maximum Funds* $13,319,297.86 Expiry Date March 31, 2029 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 ICIPTransit@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Phone: Email: General Manager, Transit Services 8208 Heartland Forest Road Niagara Falls ON L2H 0L7 905-356-7521 ext. 4531 cstout@niagarafalls.ca Authorized Representative of the Province for the purpose of sections C.3.3 (Amending the Agreement for Minor Changes to the Project Description, Budget, and Timelines) and D.7.2 (Amending the 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.3.3 (Amending the Agreement for Minor Changes to the Project Description, Budget, and Timelines) and D.7.2 (Amending the Agreement for Minor Changes to the Reporting) Position: Senior Financial Analyst Page 320 of 392 Niagara Falls and Ontario ICIP TPA Contact Information for the senior financial person in the Recipient organization (e.g., CFO, CAO) - to respond to requests from the Province related to the Agreement Position: Address: Phone: Email: Director of Finance 4310 Queen Street Niagara Falls ON L2E 6X5 905-356-7521 ext. 4223 tclark@niagarafalls.ca *Note: For greater clarity, neither the Province nor Canada will contribute Funds in respect of any Project that exceed their proportional share of the Eligible Expenditures for that Project, as set out in column J (Federal Funding Rate of the Total Eligible Expenditures of the Project) and column M (Provincial Funding Rate of the Total Eligible Expenditures of the Project) in Sub-schedule “C.1” (Project Description, Budget, and Timelines). Page 321 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “C” PROJECT DESCRIPTION, BUDGET, TIMELINES, AND STANDARDS C.1.0 PROJECT DESCRIPTION, BUDGET, AND TIMELINES C.1.1 Project Description. The Recipient will carry out each Project described in Sub- schedule “C.1” (Project Description, Budget, and Timelines). C.1.2 Budget and Timelines. The Recipient will carry out each Project within the Budget and Timelines for that Project set out in Sub-schedule “C.1” (Project Description, Budget, and Timelines). C.2.0 PROJECT STANDARDS C.2.1 Canada’s Requirements for Standards. In addition to any other standards that the Recipient must meet or exceed for the Project, the Recipient will ensure the Project meets or exceeds the following: (a) any applicable energy efficiency standards for buildings outlined in Canada’s Pan-Canadian Framework on Clean Growth and Climate Change provided by Canada at www.canada.ca/en/services/environment/weather/climatechange/pan- canadian-framework.html, or at any other location the Province may provide ; and (b) the accessibility requirements of the highest accessibility standards published in Ontario, in addition to accessibility requirements in applicable provincial building codes and relevant municipal by-laws. C.3.0 CHANGES TO THE PROJECT DESCRIPTION, BUDGET, AND TIMELINES C.3.1 Province’s and Canada’s Consent. Any change to the Project will require the Province’s and Canada’s prior written consent. When seeking to make a change in respect of any Project, the Recipient will submit updated Project information and any other information that the Province or Canada, or both, may require to the satisfaction of Canada and the Province. C.3.2 Minor Changes to the Project Description, Budget, and Timelines. Subject to sections C.3.1 (Province’s and Canada’s Consent) and C.3.3 (Amending the Agreement for Minor Changes to the Project Description, Budget, and Timelines), changes that, in the opinion of the Province, are minor may be made in respect of any Project to Sub- schedule “C.1” (Project Description, Budget, and Timelines). Page 322 of 392 Niagara Falls and Ontario ICIP TPA C.3.3 Amending the Agreement for Minor Changes to the Project Description, Budget, and Timelines. Any change made pursuant to section C.3.2 (Minor Changes to the Project Description, Budget, and Timelines) must be documented through a written agreement duly executed by the respective representatives of the Parties listed in Schedule “B” (Specific Information). Page 323 of 392 Niagara Falls and Ontario ICIP TPA SUB-SCHEDULE “C.1” PROJECT DESCRIPTION, BUDGET, AND TIMELINES Project ID Project Title Project Description Forecasted Project Start Date (MM/DD/YYYY) Forecasted Project End Date (MM/DD/YYYY) Federal Approval Date (MM/DD/YYYY) Total Costs of the Project Total Eligible Expenditures of the Project Federal Contribution Towards the Total Eligible Expenditures of the Project Federal Funding Rate of the Total Eligible Expenditures of the Project Other Federal Contribution Towards the Total Costs of the Project Provincial Contribution Towards the Total Eligible Expenditures of the Project Provincial Funding Rate of the Total Eligible Expenditures of the Project Recipient Contribution Towards the Total Costs of the Project Other Contribution Towards the Total Eligible Expenditures of the Project (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (O) ICIP-NIF-01 Refurbishment of Six Conventional Transit Buses The project consists of replacing the transmissions on 6 diesel buses as the current transmissions have surpassed their life expectancy and are prone to breakdown. The project will improve fuel economy and reliability and will positively address the need for frequent maintenance, increased emissions from aging equipment, and poor performance caused by the fleet’s age. 05/01/2020 07/15/2020 03/13/2020 $68,200.00 $68,200.00 $34,100.00 50% $0.00 $22,731.06 33.33% $11,368.94 $0.00 ICIP-NIF-02 Replacement of Six (6) Conventional Transit Buses The project consists of the replacement of four (4) 40-foot and two (2) 60-foot diesel buses that have exceeded their useful life expectancy. Each bus in the replacement fleet will have real time tracking information used to provide up to date bus times and tracking for riders, cameras to enhance safety on buses, fareboxes for easy and secure payment and detailed ridership tracking, and will meet or exceed highest accessibility standards. 01/31/2020 06/14/2021 01/31/2020 $4,675,000.00 $4,675,000.00 $1,870,000.00 40% $0.00 $1,558,177.50 33.33% $1,246,822.50 $0.00 ICIP-NIF-04 Purchase of Automotive Lift The project output consists of the purchase of an automotive lift for public transit vehicles. Specifically, the project includes the purchase and installation of one small automotive lift to service and maintain shorter wheelbase vehicles, while enhancing safety and productivity. 06/01/2021 12/31/2021 03/25/2020 $44,000.00 $44,000.00 $17,600.00 40% $0.00 $14,665.20 33.33% $11,734.80 $0.00 ICIP-NIF-05 Transit Bus High-Definition (HD) Video Camera Systems Project involves the installation of high-definition (HD) Video camera systems in all of the conventional transit buses (36). 04/01/2020 12/31/2020 03/13/2020 $990,000.00 $990,000.00 $396,000.00 40% $0.00 $329,967.00 33.33% $264,033.00 $0.00 Page 324 of 392 Niagara Falls and Ontario ICIP TPA ICIP-NIF-06 In-Ground 3 Post Hoist The project includes the purchase and installation of one in-ground hoist. The hoist has a 40,000 kg capacity for articulated bus maintenance. 06/01/2021 08/01/2021 03/25/2020 $495,000.00 $495,000.00 $198,000.00 40% $0.00 $164,983.50 33.33% $132,016.50 $0.00 ICIP-NIF-07 Extension of Parking and Storage Facilities The project includes the expansion of 2,185 square meters to indoor parking facility and additional 10 outdoor parking spots at current Transit facility. 03/25/2020 12/22/2021 03/25/2020 $3,850,000.00 $3,850,000.00 $1,540,000.00 40% $0.00 $1,283,205.00 33.33% $1,026,795.00 $0.00 ICIP-NIF-08 Video Surveillance Equipment (Regional/Local Hubs) This project involves the installation of video surveillance (CCTV) equipment to the Morrison/Dorchester Transit Hub. Ten (10) cameras will be installed with Network Video Recorder (NVR). 03/13/2020 12/04/2020 03/13/2020 $55,000.00 $55,000.00 $22,000.00 40% $0.00 $18,331.50 33.33% $14,668.50 $0.00 ICIP-NIF-09 Implementation of New Farebox System The project includes the purchase of 62 external smart card/phone application reader modules to be integrated with current fareboxes that will allow customers to pay for their trip with contactless payment (e.g. debit cards, credit cards, and mobile devices). Project also includes the development of system software to allow integration for a seamless transit experience for customers. The system will serve as a regional fare product between the different transit systems in the Niagara Region, where municipalities such as St.Catharines, Niagara Falls, Welland and Fort Erie are aligning their fare technology. 02/27/2020 12/31/2021 02/27/2020 $1,100,000.00 $1,100,000.00 $440,000.00 40% $0.00 $366,630.00 33.33% $293,370.00 $0.00 ICIP-NIF-10 Fuel System Upgrade The project involves the replacement of ProFuel software system to allow for improved fluid tracking and the installation of equipment on 67 vehicles (buses and support vehicles) to integrate with fuel system for automation. 04/01/2021 09/30/2021 05/11/2020 $220,000.00 $220,000.00 $88,000.00 40% $0.00 $73,326.00 33.33% $58,674.00 $0.00 ICIP-NIF-11 Radio/Voice Over Internet Protocol (VOIP) Update (Clever Computer Aided Dispatch/Autom atic Vehicle Locator (CAD/AVL)) The project involves the installation of new VOIP radio systems on the entire bus fleet of 67 vehicles to replace old open radio system. 04/01/2020 12/31/2020 05/11/2020 $880,000.00 $880,000.00 $352,000.00 40% $0.00 $293,304.00 33.33% $234,696.00 $0.00 ICIP-NIF-12 Supervisors Vehicle (Expansion) The purchase of one SUV style supervisor's van/mobile office. This will reduce wait times for attendants at health &safety/equipment failure issues offsite. 05/01/2020 09/30/2020 05/01/2020 $77,000.00 $77,000.00 $30,800.00 40% $0.00 $25,664.10 33.33% $20,535.90 $0.00 Page 325 of 392 Niagara Falls and Ontario ICIP TPA ICIP-NIF-13 Layby Construction on Morrison St. The project consists of the construction of 0.1km of new layby facilities for buses (i.e. temporary bus parking/holding) on Morrison Street for the City of Niagara Falls transit system to alleviate capacity pressures on the existing transit hub facility location. Specifically, the project includes the planning, design and construction of 14 new on- street layby transit facilities (8 new bays and 6 additional bus stops/shelters). The project will meet existing Accessibility for Ontarians with Disabilities Act legislative requirements for on- street and boarding facilities for transit. 05/04/2020 09/07/2020 03/25/2020 $550,000.00 $550,000.00 $220,000.00 40% $0.00 $183,315.00 33.33% $146,685.00 $0.00 ICIP-NIF-14 Bridge Street Multi-Modal Hub The project involves the construction of a multi- modal hub in the City of Niagara Falls, connecting users and visitors to local and regional transit options, including regional commuters utilizing the GO network to and from Niagara Falls. Specifically, the project includes detailed design and construction of a multi-modal hub to replace the current bus terminal. The completed hub will feature improvements to the existing Niagara Falls Station, addition of an operator lunchroom, a new bus loop with platforms, a passenger pickup and drop-off area, automotive and bike parking facilities, improvements in active transportation connectivity as well as public realm improvements. 07/01/2020 12/31/2023 06/12/2020 $4,400,000.00 $4,400,000.00 $1,760,000.00 40% $0.00 $1,466,520.00 33.33% $1,173,480.00 $0.00 ICIP-NIF-15 Refurbishment of Four Conventional Transit Buses The project consists in the refurbishment of four 40' Novabus Low Floor Series diesel buses. The project includes the refurbishment of the power train as well as the interior and exterior of four 2009 diesel buses in order to extend their useful life. 01/31/2020 12/18/2020 01/31/2020 $660,000.00 $660,000.00 $330,000.00 50% $0.00 $219,978.00 33.33% $110,022.00 $0.00 Page 326 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “D” REPORTS D.1.0 PROGRESS REPORTS D.1.1 Progress Reports. The Recipient will submit Progress Reports to the Province in a format to be provided by the Province and in accordance with the timelines and any other requirements set out in Article D.2.0 (Reporting Requirements) in respect of each Project. D.1.2 Description of Progress Report. The Recipient agrees that each Progress Report will include, without limitation and at the sole discretion of the Province, the following information in respect of the Project to which the Progress Report relates: (a) Canada’s and the Province’s respective forecasted contributions to the Project by Funding Year; (b) the Project start date and the Project end date (forecasted and actual where applicable); (c) the percentage of the Project that has been completed; (d) risks and mitigation strategies; (e) confirmation that the Project is on track to achieve expected results or, if the Project is Substantially Completed, confirmation of actual results; and (f) confirmation that all required signage for the Project has been installed. D.2.0 REPORTING REQUIREMENTS The reporting requirements for each Project vary depending on the tier classification, as set out in column C (Project Tier for Reporting Purposes) of Sub-schedule “D.1” (Project Tier Classification and Other Information), for the Project. D.2.1 Tier 1 Reporting Requirements. If, based on the Province’s assessment, a Recipient’s Project is categorized as a Tier 1 Project, as identified in column C (Project Tier for Reporting Purposes) of Sub-schedule “D.1” (Project Tier Classification and Other Information), the Recipient will submit to the Province: (a) up and until the final payment has been made pursuant to section J.8.1 (Final Payment), a Progress Report in each calendar year on or before: (i) March 15th; and (ii) September 15th; (b) upon reaching Substantial Completion: (i) a Declaration of Project Substantial Completion; Page 327 of 392 Niagara Falls and Ontario ICIP TPA (ii) a final Progress Report; and (iii) a photograph of the Project; and (c) within 90 days of submitting the final Progress Report, a summary of any Communications Activities made for the Project. D.2.2 Tier 2 Reporting Requirements. If, based on the Province’s assessment, a Recipient’s Project is categorized as a Tier 2 Project, as identified in column C (Project Tier for Reporting Purposes) of Sub-schedule “D.1” (Project Tier Classification and Other Information), the Recipient will submit to the Province: (a) up and until the final payment has been made pursuant to section J.8.1 (Final Payment), a Progress Report in each calendar year on or before: (i) March 15th; (ii) June 15th; (iii) September 15th; and (iv) December 15th; (b) upon reaching Substantial Completion: (i) a Declaration of Project Substantial Completion; (ii) a final Progress Report; (iii) a Certificate from a Professional Engineer for Project Substantial Completion; (iv) a copy of the report for a compliance audit carried out in accordance with Article D.8.0 (Compliance Audit(s)); and (v) a photograph of the Project; and (c) within 90 days of submitting the final Progress Report: (i) a summary of any Communications Activities made for the Project; and (ii) a summary of how the Project aligns with provincial and federal objectives. D.2.3 Tier 3 Reporting Requirements. If, based on the Province’s assessment, a Recipient’s Project is categorized as a Tier 3 Project, as identified in column C (Project Tier for Reporting Purposes) of Sub-schedule “D.1” (Project Tier Classification and Other Information), then the Recipient will work with the Province to establish a Committee. Additionally, the Recipient will submit to the Province: Page 328 of 392 Niagara Falls and Ontario ICIP TPA (a) up and until the final payment had been made pursuant to section J.8.1 (Final Payment): (i) a Progress Report in each calendar year on or before: a. March 15th; b. June 15th; c. September 15th; and d. December 15th; and (ii) a Certificate from an Independent Engineer to Certify Progress on or before September 15th of each calendar year; (b) a communications plan within 180 days of the Effective Date; (c) upon reaching Substantial Completion: (i) a Declaration of Project Substantial Completion; (ii) a final Progress Report; (iii) a Certificate from a Professional Engineer for Project Substantial Completion; and (iv) a photograph of the Project; (d) a copy of the reports for the following two compliance audits carried out in accordance with Article D.8.0 (Compliance Audit(s)). The initial compliance audit will be carried out midway through the Project. The final compliance audit will be carried out upon reaching the Project Substantial Completion Date; and (e) within 90 days of submitting the final Progress Report: (i) a summary of any Communications Activities made for the Project; (ii) a summary of how the Project aligns with provincial and federal objectives; and (iii) a summary of lessons learned. D.2.4 Tier 4 Reporting Requirements. If, based on the Province’s assessment, a Recipient’s Project is categorized as a Tier 4 Project, as identified in column C (Project Tier for Reporting Purposes) of Sub-schedule “D.1” (Project Tier Classification and Other Information), then the Recipient will work with the Province to establish a Committee. Additionally, the Recipient will submit to the Province: Page 329 of 392 Niagara Falls and Ontario ICIP TPA (a) up and until the final payment has been made pursuant to section J.8.1 (Final Payment): (i) a Progress Report in each calendar year on or before the 15th day of each month; (ii) a Certificate from an Independent Engineer to Certify Progress on or before March 15th and September 15th of each calendar year; and (iii) a communications plan within 180 days of the Effective Date and on or before March 15th in each calendar year thereafter; (b) upon reaching Substantial Completion: (i) a Declaration of Project Substantial Completion; (ii) a final Progress Report; (iii) a Certificate from a Professional Engineer for Project Substantial Completion; and (iv) a photograph of the Project; (c) a copy of the reports for the following two compliance audits carried out in accordance with Article D.8.0 (Compliance Audit(s)). The initial compliance audit will be carried out midway through the Project. The final compliance audit will be carried out upon reaching the Project Substantial Completion Date; and (d) within 90 days of submitting the final Progress Report: (i) a summary of any required Communications Activities made for the Project; (ii) a summary of how the Project aligns with provincial and federal objectives; and (iii) a summary of lessons learned. D.3.0 ABORIGINAL CONSULTATION RECORD D.3.1 Inclusion of Aboriginal Consultation Record. The Recipient will include an updated Aboriginal Consultation Record, if consultation with any Aboriginal Community is required, in its Progress Report. D.4.0 RISK ASSESSMENT D.4.1 Further Details on Risk Assessment. Upon the Province’s written request and within the timelines set out by the Province, the Recipient will provide further details on the risk assessment the Recipient provides in respect of any Progress Report. Page 330 of 392 Niagara Falls and Ontario ICIP TPA D.5.0 CLIMATE LENS ASSESSMENTS D.5.1 Climate Change Resilience Assessment. If a climate change resilience assessment is identified as “Required” in column F (Climate Change Resilience Assessment) of Sub-schedule “D.1” (Project Tier Classification and Other Information), the Recipient will submit to Canada, through the Province and in a format acceptable to Canada, a climate change resilience assessment prior to submitting a request for payment for the Project. The climate change resilience assessment will be in accordance with: (a) the publication titled, Climate Lens - General Guidance, provided by Canada at https://www.infrastructure.gc.ca/pub/other-autre/cl-occ-eng.html, or at any other location the Province may provide; and (b) any additional direction the Province may provide. D.5.2 Greenhouse Gas Emissions Assessment. If a greenhouse gas emissions assessment is identified as “Required” in column D (Greenhouse Gas Emissions Assessment) of Sub- schedule “D.1” (Project Tier Classification and Other Information), the Recipient will submit to Canada, through the Province and in a format acceptable to Canada, a greenhouse gas emissions assessment prior to submitting a request for payment for the Project. The greenhouse gas emissions assessment will be in accordance with: (a) the publication titled, Climate Lens – General Guidance, provided by Canada at https://www.infrastructure.gc.ca/pub/other-autre/cl-occ-eng.html, or at any other location the Province may provide; and (b) any additional direction the Province may provide. D.6.0 COMMUNITY EMPLOYMENT BENEFITS ASSESSMENTS D.6.1 Community Employment Benefits Assessments. If community employment benefits assessments are identified as “Required” in column E (Community Employment Benefits Assessments) of Sub-schedule “D.1” (Project Tier Classification and Other Information), the Recipient will complete community employment benefits assessments for the Project, as described in section D.6.2 (Description of the Community Employment Benefits Assessments), to the satisfaction of Canada and the Province. D.6.2 Description of the Community Employment Benefits Assessments. If community employment benefits assessments are required pursuant to section D.6.1 (Community Employment Benefits Assessments), the Recipient will provide the Province and Canada with such assessments for three or more of the following federal target groups: (a) apprentices; (b) Indigenous peoples; (c) women; Page 331 of 392 Niagara Falls and Ontario ICIP TPA (d) persons with disabilities; (e) veterans; (f) youth; (g) new Canadians; (h) small-medium-sized enterprises; and (i) social enterprises. D.6.3 Reporting on Community Employment Benefits Assessments. The Recipient will submit its community employment benefit assessments to the Province, together with its Progress Reports, on or before September 15th of each calendar year. D.7.0 CHANGES TO SCHEDULE “D” (REPORTS) D.7.1 Minor Changes to the Reporting. Subject to section D.7.2 (Amending the Agreement for Minor Changes to the Reporting), the Parties may make changes to this Schedule “D” (Reports) or Sub-schedule “D.1” (Project Tier Classification and Other Information), or both, that, in the opinion of the Province, are minor. D.7.2 Amending the Agreement for Minor Changes to the Reporting. Any change made pursuant to section D.7.1 (Minor Changes to the Reporting) must be documented through a written agreement duly executed by the respective representatives of the Parties listed in Schedule “B” (Project Specific Information). D.8.0 COMPLIANCE AUDIT(S) D.8.1 Compliance Audit(s). Without limiting the generality of section A.7.4 (Records Review) and as required under Article D.2.0 (Reporting Requirements), the Recipient will, at its own expense, retain an independent third party auditor to conduct one or more compliance audits of the Recipient. Each audit will be conducted in accordance with Canadian Generally Accepted Auditing Standards, as adopted by the Canadian Institute of Chartered Accountants , applicable as of the date on which a record is kept or required to be kept under such standards. In addition, each audit will assess the Recipient’s compliance with the terms of the Agreement and will address, without limitation, the following: (a) whether the Funds were spent in accordance with the Agreement and with due regard to economy, efficiency, and effectiveness; (b) the progress or state of completion of the Project; (c) whether the financial information the Recipient provided is complete, accurate, and timely, and in accordance with the Agreement; Page 332 of 392 Niagara Falls and Ontario ICIP TPA (d) whether the Recipient’s information and monitoring processes and systems are adequate to identify, capture, validate, and monitor the achievement of intended benefits of the Project; (e) the overall management and administration of the Project; (f) recommendations for improvement or redress; and (g) whether prompt and timely corrective action is taken on prior audit findings. Page 333 of 392 Niagara Falls and Ontario ICIP TPA SUB-SCHEDULE “D.1” PROJECT TIER CLASSIFICATION AND OTHER INFORMATION Project ID (A) Project Title (B) Project Tier for Reporting Purposes (C) Greenhouse Gas Emissions Assessment (D) Community Employment Benefits Assessments (E) Climate Change Resilience Assessment (F) Eligibility of Own-Force Labour Costs (G) Competitive Acquisition Exemption (H) ICIP-NIF-01 Refurbishment of Six Conventional Transit Buses Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-02 Replacement of Six (6) Conventional Transit Buses Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-04 Purchase of Automotive Lift Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-05 Transit Bus High- Definition (HD) Video Camera Systems Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-06 In-Ground 3 Post Hoist Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-07 Extension of Parking and Storage Facilities Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-08 Video Surveillance Equipment (Regional/Local Hubs) Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-09 Implementation of New Farebox System Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-10 Fuel System Upgrade Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-11 Radio/Voice Over Internet Protocol Tier 1 N/A N/A N/A N/A Approved Page 334 of 392 Niagara Falls and Ontario ICIP TPA (VOIP) Update (Clever Computer Aided Dispatch/Automatic Vehicle Locator (CAD/AVL)) ICIP-NIF-12 Supervisors Vehicle (Expansion) Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-13 Layby Construction on Morrison St. Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-14 Bridge Street Multi- Modal Hub Tier 1 N/A N/A N/A N/A N/A ICIP-NIF-15 Refurbishment of Four Conventional Transit Buses Tier 1 N/A N/A N/A N/A N/A Note: Please see Schedule “D” (Reports) for further details on reporting.Page 335 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 ELIGIBLE EXPENDITURES E.1.1 Scope of Eligible Expenditures. Eligible Expenditures are the direct costs which are, in the opinion of the Province, properly and reasonably incurred and paid by the Recipient in respect of any Project. Eligible Expenditures only include the following costs: (a) incurred on or after the Federal Approval Date and paid on or before October 31, 2027: (i) all costs considered by the Parties to be direct and necessary for the successful implementation of the Project which may include, unless excluded under Article E.2.0 (Ineligible Expenditures), capital, construction, design and planning costs; and (ii) the costs related to monitoring project-level community employment benefits. (b) the costs related to the completion of the climate lens assessments, incurred at any time and paid on or before October 31, 2027; (c) the costs associated with Aboriginal consultation and, where appropriate, accommodation measures, incurred on or after February 15, 2018 and paid on or before October 31, 2027; (d) if the Project is identified as “Approved” in column G (Eligibility of Own-Force Labour Costs) of Sub-schedule “D.1” (Project Tier Classification and Other Information), the incremental own-force labour costs for which Canada has provided its prior written consent and have been incurred on or after the date set out in the consent and paid on or before October 31, 2027; (e) if the Project is identified as “Approved” in column H (Competitive Acquisition Exemption) of Sub-schedule “D.1” (Project Tier Classification and Other Information), the costs for which Canada has provided its prior written consent and are associated with sole-source contracts, and have been incurred on or after the date set out in the consent and paid on or before October 31, 2027; and (f) any other cost that, in the opinion of the Province, is considered to be necessary for the successful implementation of the Project and has been approved in writing prior to being incurred. Page 336 of 392 Niagara Falls and Ontario ICIP TPA E.2.0 INELIGIBLE EXPENDITURES E.2.1 Scope of Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to section E.1.1 (Scope of Eligible Expenditures), such cost will be considered an Ineligible Expenditure. Without limitation, the indirect costs listed in section E.2.2 (Indirect Costs), the costs listed in section E.2.3 (Costs Over and Above a Project Scope) that are over and above the scope of a Project, and the following costs will be considered Ineligible Expenditures: (a) costs incurred prior to the Federal Approval Date of a Project, except for the costs specified in paragraph E.1.1 (b) and paragraph E.1.1 (c); (b) costs incurred or paid, or both after October 31, 2027, unless otherwise approved pursuant to paragraph E.1.1(f); (c) costs incurred for a cancelled Project; (d) land acquisition costs; (e) leasing costs for land, buildings, and other facilities; (f) leasing costs for equipment other than equipment directly related to the construction of a Project; (g) real estate fees and related costs; (h) any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operatin g or administrative costs of the Recipient, and more specifically, any costs related to planning, engineering, architecture, supervision, management , and other activities normally carried out by the Recipient’s staff, except in accordance with paragraph E.1.1(d); (i) financing charges; (j) legal fees; (k) loan interest payments; (l) costs of any goods and services received through donations or in-kind; (m) taxes and any other costs for which the Recipient or any Third Party is eligible for a rebate; (n) costs associated with operating expenses and regularly scheduled Page 337 of 392 Niagara Falls and Ontario ICIP TPA maintenance work, with the exception of essential capital equipment purchased at the onset of the construction/acquisition of the main Asset and approved by Canada; (o) costs related to furnishings and non-fixed assets which are not essential for the operation of an Asset or Project; (p) costs related to easements (e.g., surveys); and (q) any other cost which is not specifically listed as an Eligible Expenditure under Article E.1.0 (Eligible Expenditures) and which, in the opinion of the Province, is considered to be ineligible. E.2.2 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 in respect of any Project; (b) costs in respect of any Evaluation or any other Project evaluation and audit, unless otherwise approved by the Province in writing; (c) costs associated with obtaining any necessary approval, licence or permit where the Recipient is the entity providing the approval, licen ce or permit; (d) costs associated with general planning studies, including the Recipient’s Official Plan and Transportation Master Plan; (e) carrying costs incurred on the funding share of any funding partner other than the Province; (f) costs associated with municipal staff and any Third Party travel; (g) litigation costs including, without limitation, any award or settlement costs in respect of damages and related interest, and disbursements; and (h) Recipient’s upgrades not expressly approved by the Province . E.2.3 Costs Over and Above a Project Scope. Activities undertaken in respect of any Project that are over and above the scope of the Project are considered Ineligible Expenditures. These costs include, but are not limited to: (a) the costs to upgrade municipal services and utilities that are over and above those for the relocation and replacement of municipal services and utilities that are solely required for the Project; Page 338 of 392 Niagara Falls and Ontario ICIP TPA (b) the costs for upgrades to materials and design beyond existing municipal standards; and (c) the costs for corridor and urban design enhancements over and above those that are described in the Project description. Page 339 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “F” EVALUATION F.1.0 PROJECTS AND ICIP EVALUATIONS F.1.1 Recipient’s Participation in Projects and ICIP Evaluations. The Recipient understands that the Province or Canada, or both, may ask the Recipient to participate in one or more evaluation in respect of any Project, the Projects or the ICIP during and for a period of up to six years after March 31, 2028. The Recipient agrees, if asked and at its own expense, to provide Project-related information to the Province or Canada, or both, for any evaluation. F.1.2 Results of Projects and ICIP Evaluations. The result of any evaluation carried under section F.1.1 (Recipient’s Participation in Projects and ICIP Evaluations) will be made available to the public, subject to all applicable laws and policy requirements. Page 340 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “G” COMMUNICATIONS PROTOCOL G.1.0 DEFINITIONS G.1.1 Definitions. For the purposes of this Schedule “G” (Communications Protocol): “Joint Communications” means events, news releases, and signage that relate to the Agreement or the Bilateral Agreement, or both, that are not operational in nature, and that are collaboratively developed and approved by, (a) in the case of the Bilateral Agreement, Canada, the Province and the Recipient; and (b) in the case of the Agreement, the Province and the Recipient. G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of each of the Parties to the Agreement in respect of Communications Activities related to the Project. G.2.2 Guidance. This communications protocol will guide all planning, development and implementation of Communications Activities with a view to ensuring efficient, structured, continuous, consistent, and coordinated communications to the Canadian public. G.2.3 Application to Communications Activities. The provisions of this communications protocol apply to all Communications Activities related to the Agreement and the Project. G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this communications protocol should ensure that Canadians are informed about the Project benefits, including the ways in which the Project helps improve their quality of life. G.3.2 Factors to Consider. The scale and scope of Communications Activities undertaken for any Project will take into consideration the financial value, scope and duration of the Project and the feasibility of Joint Communications for such Communications Activities. Page 341 of 392 Niagara Falls and Ontario ICIP TPA G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province, Canada or, as applicable, the Committee. G.3.4 Approval of Communications Material. The announcement or publication of the Project must be approved by the Parties and Canada prior to being carried out. G.3.5 Costs of Communication Activities. With the exception of advertising campaigns outlined in Article G.10.0 (Advertising Campaigns), the costs of Communication Activities and signage will follow the eligibility rules established in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada may have Joint Communications about the funding and status of each Project. G.4.2 Prior Knowledge and Agreement. Joint Communications in respect of any Project should not occur without the prior knowledge and agreement of the Parties and Canada. G.4.3 Recognition of the Province’s and Canada’s Contributions. All Joint Communications material will be approved by the Province and Canada and will recognize the Province’s and Canada’s contribution under Schedule “A” (General Terms and Conditions) or the Total Financial Assistance, or both, received in respect of any Project. G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 Business Days’ Notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually consented to by the Parties and, if applicable, Canada. G.4.5 Participation and Representatives. The Party requesting a Joint Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event). G.4.6 English and French. Canada has an obligation to communicate in English and French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products. Page 342 of 392 Niagara Falls and Ontario ICIP TPA G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will, as applicable, follow the Table of Precedence for Canada provided by Canada at https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special- event/table-precedence-canada.html, or at any other location as the Province may provide. G.5.0 INDIVIDUAL COMMUNICATIONS G.5.1 Canada’s Obligations. Notwithstanding Article G.4.0 (Joint Communications), the Parties agree that Canada or the Province, or both, have the right to communicate information to Canadians and Ontarians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through their respective own Communications Activities. G.5.2 Restrictions. Each Party may include general ICIP messaging and an overview in respect of any Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities related to the Project and, if the communications are web- or social-media based, the ability to link to it. Canada has also agreed, in the Bilateral Agreement, to the above. G.5.3 Publication. The Recipient will indicate, in respect of any Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of Canada and the Province. G.5.4 Canada’s Recognition in Documents. In respect of any Project where the deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient will clearly recognize Canada’s and the Province’s respective financial contribution for the Project. G.5.5 Acknowledgement of Support. Unless the Province directs the Recipient to do otherwise, the Recipient will, in respect of any Project-related publications, whether written, oral, or visual, acknowledge the Province’s and Canada’s support for the Project. G.6.0 OPERATIONAL COMMUNICATIONS G.6.1 Responsibility of Recipient. The Recipient is solely responsible for operational communications in respect of any Project, including but not limited to calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act of Canada. Page 343 of 392 Niagara Falls and Ontario ICIP TPA G.7.0 MEDIA RELATIONS G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada if significant media inquiries are received or emerging media or stakeholder issues arise in respect of a Project or the ICIP. G.8.0 SIGNAGE G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the Province and the Recipient may each have signage recognizing their funding contribution in respect of any Project. G.8.2 Funding Recognition. Unless otherwise agreed by Canada or the Province, or both, the Recipient will produce and install a sign to recognize the funding contributed by the Province or Canada, or both, at any Project site in accordance with, as applicable, their current respective signage guidelines. Federal sign design, content, and installation guidelines will be provided by Canada . Provincial sign design, content, and installation guidelines will be provided by the Province. G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or another suitable marker in respect of any Project, the Recipient will: (a) on the marker, recognize the Province’s and Canada’s contributions; and (b) prior to installing the marker, seek the prior written approval of both Canada and the Province, each respectively, for its content and installation. G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign installations, including providing the Province with photographs of the sign, once the sign has been installed. G.8.5 Timing for Erection of Sign. If erected and unless the Province otherwise consents in writing, signage recognizing Canada’s and the Province’s respective contributions will be installed at the Project site(s) 30 days prior to the start of construction, be visible for the duration of the Project, and remain in place until 180 days after construction is completed and the infrastructure is fully operational or opened for public use. G.8.6 Size of Sign. If erected, signage recognizing Canada’s and the Province’s respective contribution will be at least equivalent in size and prominence to Project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Page 344 of 392 Niagara Falls and Ontario ICIP TPA G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and installation of Project signage, and for maintaining the signage in a good state of repair during the Project, or as otherwise agreed upon. G.9.0 COMMUNICATING WITH RECIPIENT G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required, communications between Canada and the Recipient for Communications Activities. G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising or public information campaign in respect of any Project or the Agreement. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, Canada or the Province will inform each other and the Recipient of its intention no less than 21 Business Days prior to the campaign launch. Page 345 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “H” DISPOSAL OF ASSETS H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of Assets): “Asset Disposal Period” means the period set out in the 1st column of the table in section H.2.2 (Disposal of Asset and Payment). H.2.0 DISPOSAL OF ASSETS H.2.1 Asset Disposal Period. Unless the Province consents otherwise, the Recipient will maintain the ongoing operations and retain title to and ownership of any Asset acquired in respect of any Project for the Asset Disposal Period. H.2.2 Disposal of Asset and Payment. If, at any time within the Asset Disposal Period, the Recipient sells, leases, encumbers, or otherwise disposes, directly or indirectly, of any Asset other than to Canada, the Province, or a municipal or regional government established by or under provincial statute, the Province may require the Recipient to reimburse the Province or Canada, via the Province, for any Funds received for the Project in accordance with the table below: ASSET DISPOSAL PERIOD* TYPE OF ASSET RETURN OF FEDERAL CONTRIBUTION RETURN OF PROVINCIAL CONTRIBUTION 5 years All Assets 100% 100% 12 years Transit vehicles including, without limitation, 9 metre to 18 metre buses and double deck buses, regardless of propulsion system 0% 100% 25 years Subway cars, light rail vehicles, and large infrastructure assets (e.g. a maintenance and storage facility) 0% 100% * Note: The Asset Disposal Period starts on the Substantial Completion Date of the Project in respect of which the Asset was acquired. Page 346 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “I” ABORIGINAL CONSULTATION PROTOCOL I.1.0 DEFINITIONS I.1.1 Definitions. For the purposes of this Schedule “I” (Aboriginal Consultation Protocol): “Aboriginal Community”, also known as “Aboriginal Group”, includes First Nation, Métis, and Inuit communities or peoples of Canada. “Aboriginal Consultation Plan” means the Aboriginal Consultation Plan described in section I.2.1 (Development of Plan). I.2.0 ABORIGINAL CONSULTATION PLAN I.2.1 Development of Plan. The Province, based on the scope and nature of the Project or at the request of Canada, may require the Recipient, in consultation with the Province or Canada, or both, to develop and comply with an Aboriginal consultation plan (“Aboriginal Consultation Plan”). I.2.2 Procedural Aspects of Aboriginal Consultation. If consultation with Aboriginal Communities is required, the Recipient agrees that: (a) the Province or Canada, or both, may delegate certain procedural aspects of the consultation to the Recipient; and (b) the Province or Canada, or both, will provide the Recipient with an initial list of the Aboriginal Communities the Recipient will consult. I.2.3 Provision of Plan to Province. If, pursuant to section I.2.1 (Development of Plan), the Province provides Notice to the Recipient that an Aboriginal Consultation Plan is required, the Recipient will, within the timelines provided in the Notice, provide the Province with a copy of the Aboriginal Consultation Plan. I.2.4 Changes to Plan. The Recipient agrees that the Province or Canada, in the sole discretion of the Province or Canada and from time to time, may require the Recipient to make changes to the Aboriginal Consultation Plan. I.3.0 ABORIGINAL CONSULTATION RECORD I.3.1 Requirements for Aboriginal Consultation Record. If consultation with an Aboriginal Community is required, the Recipient will maintain an Aboriginal Consultation Record and provide such record to the Province, and any update to it, Page 347 of 392 Niagara Falls and Ontario ICIP TPA as part of its reporting to the Province pursuant to section D.3.1 (Inclusion of Aboriginal Consultation Record). I.4.0 RESPONSIBILITIES OF THE RECIPIENT I.4.1 Notification to and Direction from the Province. The Recipient will immediately notify the Province: (a) of contact by Aboriginal Communities regarding the Project; or (b) of any Aboriginal archaeological resources that are discovered in relation to the Project, and, in either case, the Recipient agrees that the Province or Canada, or both, may direct the Recipient to take such actions as the Province or Canada, or both, may require. The Recipient will comply with the Province's or Canada’s direction. I.4.2 Direction from the Province and Contracts. In any Contract, the Recipient will provide for the Recipient's right and ability to respond to direction from the Province or Canada, or both, as the Province or Canada may provide in accordance with section I.4.1 (Notification to and Direction from the Province). Page 348 of 392 Niagara Falls and Ontario ICIP TPA 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 in respect of any 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 procedures provided for in Article J.3.0 (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment that the Recipient submits to the Province under the Agreement. J.2.2 Diligent and Timely Manner. The Recipient will 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 will submit each request for payment for Eligible Expenditures in respect of each Project to the Province on a date and frequency as set out below and, if the Province so requested pursuant 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 Certificate from Recipient), fully and accurately completed by an authorized representative of the Recipient. For greater clarity, the Recipient may make one request per Project for each calendar year quarter before the following dates: (i) March 15th; (ii) June 15th; (iii) September 15th; and (iv) December 15th; Page 349 of 392 Niagara Falls and Ontario ICIP TPA (b) for each request for payment for a non-exempt vehicle, a declaration form, pursuant to the Canadian Content Policy; (c) for each request for payment, except for the Final Payment: (i) a Progress Report acceptable to the Province, for the period to which the request for payment relates; and (ii) if, based on the Province’s assessment, a Recipient’s Project is categorized as a Tier 4 Project, as identified in column C (Project Tier for Reporting Purposes) of Sub-schedule “D.1” (Project Tier Classification and Other Information), a Certificate from an Independent Engineer to Certify Progress; (d) for each request for Final Payment, a final Progress Report, acceptable to the Province, for the period to which the request for payment relates; (e) if the Province so requests, a copy of all documentation provided to the Recipient by an authorized representative of the Recipient or a professional engineer, or both; and (f) 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, 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. J.4.2 For greater certainty and without limitation, before the Province makes a payment to the Recipient, the following terms and conditions of the Agreement must be met, in the opinion of the Province or Canada, or both: (a) the conditions set out in paragraph A.4.2(c); (b) the special conditions listed in Article A.32.0 (Special Conditions); (c) receipt and acceptance by the Province of all required Reports and other reports, as applicable; (d) compliance with all applicable audit requirements under the Agreement; and Page 350 of 392 Niagara Falls and Ontario ICIP TPA (e) applicable communications requirements, as set out Schedule “G” (Communications Protocol). J.4.3 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 all requests for payment on or before November 1, 2027. J.5.2 No Obligation for Payment. The Province will have no obligation to make any payment for a request for payment submitted after November 1, 2027. J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS J.6.1 Final Reconciliation and Adjustments. For each Project, following the submission of both the Declaration of Project Substantial Completion and the final Progress Report, the Parties will jointly carry out a final reconciliation of all requests for payments and payments in respect of any Project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For each Project, the Province may hold back funding in accordance with section A.4.12 (Retention of Contribution). J.8.0 FINAL PAYMENT J.8.1 Final Payment. Subject to paragraph A.4.2(c), the Province will pay to the Recipient the remainder of its contribution under the Agreement, including the Holdback, after all of the conditions under section A.4.12 (Retention of Contribution) have been met. Page 351 of 392 Niagara Falls and Ontario ICIP TPA SUB-SCHEDULE “J.1” FORM OF CERTIFICATE FROM RECIPIENT CERTIFICATE FROM RECIPIENT INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): PUBLIC TRANSIT STREAM TRANSFER PAYMENT AGREEMENT TO: [insert the information the Province will provide to the Recipient after the Effective Date by Notice] FROM: [insert address of the Recipient’s authorized representative] Attention: [insert the name and title of the Recipient’s authorized representative] Email: [insert email address of the Recipient’s authorized representative] Telephone No.: [insert telephone number of the Recipient’s authorized representative] RE: Investing in Canada Infrastructure Program (ICIP) Transfer Payment Agreement - Project [insert the Project unique ID and title] In the matter of the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream Transfer Payment Agreement 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 legal name of the Recipient] (the “Recipient”), on ________________, _____ (the “Agreement”). I, ____________________ [insert name and title of the Recipient’s authorized representative], having made such inquiries as I have deemed necessary for this certificate, 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 A.2.0 (Representations, Warranties, and Covenants) of Schedule “A” (General Terms and Conditions) to the Agreement are true and correct; (b) the Recipient is in compliance with all the terms and conditions of the Agreement, including, without limitations, its obligations under Article A.28.0 (Environmental Requirements and Assessments), and sections A.29.1 (Aboriginal Consultation Protocol), A.32.1 (Special Conditions), and C.2.1 (Canada’s Requirements for Standards), and no Event of Default, as defined in the Agreement, is currently occurring; Page 352 of 392 Niagara Falls and Ontario ICIP TPA (c) if the Recipient has incurred a cost overrun in respect of any Project, it has funded the cost, is not asking for funds from the Province, and has sufficient funds to complete the Project in compliance with the Agreement; and (d) the Recipient has complied with all applicable provision of the Construction Lien Act (Ontario) and the Construction Act (Ontario) and is not aware of any claims for lien under that Act. 2. The information in respect of the Project [insert the Project unique ID and title] that is contained in the attached Request for Payment Form and Progress Report is true and correct. 3. Eligible Expenditures in Appendix “A” have been incurred in accordance with the Agreement and have only been expended on the Project as described in Sub-schedule “C.1” (Project Description, Budget, and Timelines) of the Agreement. 4. The Recipient is in compliance with all of the reporting requirements of the Agreement. The Recipient hereby requests a payment in the amount of : $ __________ on account of the Province’s; and $ __________ on account of Canada’s contribution towards the Eligible Expenditures of the Project [insert the Project unique ID and title]. Declared at _____________ (municipality), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) Name:[insert/print the name of the Recipient’s authorized representative] Title: [insert/print the title of the Recipient’s authorized representative] I have authority to bind the Recipient. Witness Name: [insert/print the name of the witness] Title: [insert/print the title of the witness] Page 353 of 392 Niagara Falls and Ontario ICIP TPA CERTIFICATE FROM RECIPIENT INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): PUBLIC TRANSIT STREAM TRANSFER PAYMENT AGREEMENT APPENDIX “A” COMPLIANCE REQUIREMENTS BEFORE SUBMITTING A REQUEST FOR PAYMENT TO THE PROVINCE (please respond with “YES”, “NO”, or “N/A”, as appropriate) If your Project requires an environmental assessment (EA), pursuant to A.28.1 (Federal Environmental Requirements) of the Agreement, please indicate if the EA has been approved by Canada. If your Project has been identified by Canada or the Province as having a legal duty to consult and, where appropriate, to accommodate Aboriginal Communities, please indicate if the requirements under Article A.29.0 (Aboriginal Consultation) have been met for the Project. If a climate change resilience assessment is identified as “Required” in column F (Climate Change Resilience Assessment) of Sub-schedule “D.1” (Project Tier Classification and Other Information), please indicate if a climate change resilience assessment has been approved by Canada. If a greenhouse gas emissions assessment is identified as “Required” in column D (Greenhouse Gas Emissions Assessment) of Sub-schedule “D.1” (Project Tier Classification and Other Information), please indicate if a greenhouse gas emission assessment has been approved by Canada. The Recipient must pay all payment claims and invoices in full before making a request for payment to the Province. Please indicate whether the Recipient has already paid the claimed amount. If your Project requires the acquisition of a vehicle that is not exempt from the Canadian Content Policy, please provide a declaration form pursuant to the Canadian Content Policy. Page 354 of 392 Niagara Falls and Ontario ICIP TPA Record of Invoices Date of Invoice (DD/MM /YY) Period of Work Performed Vendor Name Date Paid (DD/MM/YY) Description of Expense Eligibility per E.1.1 Amount Paid ($) From (DD/MM/YY) To (DD/MM/YY) Invoice Subtotal without HST Ineligible Expenditures Invoice Total HST Recoverable HST *Eligible Cost (Net of HST) TOTAL Recommended for payment request: ______________________________ ______________________________ Date [insert/print the name and title of the Recipient’s authorized representative] I have authority to bind the Recipient. Recommended for payment: ________________________________ _______________________________ Date [insert/print the name of the Director] Director, Ministry of Transportation Page 355 of 392 Niagara Falls and Ontario ICIP TPA SUB-SCHEDULE “J.2” FORM OF DECLARATION OF PROJECT SUBSTANTIAL COMPLETION DECLARATION OF PROJECT SUBSTANTIAL COMPLETION INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): PUBLIC TRANSIT STREAM TRANSFER PAYMENT AGREEMENT TO: [insert the information the Province will provide to the Recipient after the Effective Date by Notice] FROM: [insert address of the Recipient’s authorized representative] Attention: [insert the name and title of the Recipient’s authorized representative] Email: [insert email address of the Recipient’s authorized representative] Telephone No.: [insert telephone number of the Recipient’s authorized representative] RE: Investing in Canada Infrastructure Program (ICIP) Transfer Payment Agreement - Project [insert the Project unique ID and title] In the matter of the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream Transfer Payment Agreement entered into between Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation for the Province of Ontario, and the [insert the legal name of the Recipient] (the “Recipient”), on ________________, _____ (the “Agreement”). I, ____________________ [insert name and title of the Recipient’s authorized representative], having made such inquiries as I have deemed necessary for this certificate, 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 A.2.0 (Representations, Warranties, and Covenants) of Schedule “A” (General Terms and Conditions) to the Agreement are true and correct; (b) the Recipient is in compliance with all the terms and conditions o f the Agreement, including, without limitation, its obligations under Article A.28.0 (Environmental Requirements and Assessments), and sections A.29.1 (Aboriginal Consultation Protocol), A.32.1 (Special Conditions), and C.2.1 (Canada’s Requirements for Standards) to the Agreement, and no Event of Default, as defined in the Agreement, is currently occurring; Page 356 of 392 Niagara Falls and Ontario ICIP TPA (c) if the Recipient has incurred a cost overrun for the Project, the Recipient has funded the cost, is not asking for funds from the Province, and has sufficient funds to complete the Project in compliance with the Agreement; (d) the Recipient has complied with all applicable provisions of the Construction Lien Act (Ontario) and the Construction Act (Ontario) and is not aware of any claims for lien under that Act; (e) the work for the Project [insert the Project unique ID and title]: (i) has reached Substantial Completion, as defined in the Agreement, on the _______ day of ___________ 20___ (the “Project Substantial Completion Date”); (ii) was carried out between ___________________ [insert the start date] and the Project Substantial Completion Date; (iii) was supervised and inspected by qualified staff; (iv) conforms with the plans, specifications, and other documentation for the work; (v) conforms with Schedule “C” (Project Description, Budget, Timelines, and Standards) of the Agreement, except as the Province has otherwise approved in advance and in writing; (vi) conforms with the requirements provided for in paragraph A.4.9(d) of Schedule “A” (General Terms and Conditions) of the Agreement to comply with industry standards; and (vii) conforms with applicable Environmental Laws, as defined in the Agreement, and appropriate mitigation measures have been implemented. 2. The information in respect of the Project [insert the Project unique ID and title] that is contained in the final Progress Report is true and correct. 3. The Funds will only and entirely be used for Eligible Expenditures that have been incurred by the Recipient in accordance with the Agreement. 4. The value of completed work on the Project is $ ______________ [insert the amount in Canadian dollars]. Page 357 of 392 Niagara Falls and Ontario ICIP TPA Declared at _____________ (municipality), in the Province of Ontario, this _________ day of ____________, 20_____. (Signatures) Name:[insert/print the name of the Recipient’s authorized representative] Title: [insert/print the title of the Recipient’s authorized representative] I have authority to bind the Recipient. Witness Name: [insert/print the name of the witness] Title: [insert/print the title of the witness] Page 358 of 392 Niagara Falls and Ontario ICIP TPA SUB-SCHEDULE “J.3” FORM OF CERTIFICATE FROM A PROFESSIONAL ENGINEER FOR PROJECT SUSBTANTIAL COMPLETION [Note: This form is only for Tiers 2, 3 and 4 Projects and must be completed by an independent engineer for Tiers 3 and 4 Projects.] CERTIFICATE FROM A PROFESSIONAL ENGINEER FOR PROJECT SUBSTANTIAL COMPLETION INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): PUBLIC TRANSIT STREAM TRANSFER PAYMENT AGREEMENT TO: [insert the information the Province will provide to the Recipient after the Effective Date by Notice] FROM: [insert the address of the professional engineer] Attention: [insert the name and title of the professional engineer] Email: [insert the email address of the professional engineer] Telephone No.: [insert the telephone number of the professional engineer] RE: Investing in Canada Infrastructure Program (ICIP): Public Transit Stream Transfer Payment Agreement - Project [insert the Project unique ID and title] In the matter of the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream Transfer Payment Agreement entered into between Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation for the Province of Ontario, and the [insert the name of the Recipient] (the “Recipient”), on ________________, _____ (the “Agreement”). I, ____________________ [insert the name and title of the professional engineer], a professional engineer duly licensed in the Province of Ontario, having made such inquiries as I have deemed necessary for this certificate, hereby certify that to the best of my knowledge, information and belief: On and as of the date set out below, the work for the Project [insert the Project unique ID and title]: 1. has reached Substantial Completion, as defined in the Agreement, on the _______ day of ___________ 20___ (the “Project Substantial Completion Date”); 2. was carried out between [insert the start date] and the Project Substantial Completion Date; 3. was supervised and inspected by qualified staff; Page 359 of 392 Niagara Falls and Ontario ICIP TPA 4. conforms with the plans, specifications, and other documentation for the work; 5. conforms with applicable Environmental Laws, as defined in the Agreement, and appropriate mitigation measures have been implemented, if applicable; 6. conforms with Schedule “C” (Project Description, Budget, Timelines, and Standards) of the Agreement, except as the Province has otherwise approved in advance and in writing; and 7. conforms with the requirements provided for in paragraph A.4.9(d) of Schedule “A” (General Terms and Conditions) of the Agreement to comply with industry standards. Declared at ____________ (municipality), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) Name:[insert/print the name of the professional engineer] Title: [insert/print the title of the professional engineer] Witness Name: [insert/print the name of the witness] Title: [insert/print the title of the witness] Page 360 of 392 Niagara Falls and Ontario ICIP TPA SUB-SCHEDULE “J.4” FORM OF CERTIFICATE FROM AN INDEPENDENT ENGINEER TO CERTIFY PROGRESS [Note: This form is only for Tiers 3 and 4 Projects.] CERTIFICATE FROM AN INDEPENDENT ENGINEER TO CERTIFY PROGRESS INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): PUBLIC TRANSIT STREAM TRANSFER PAYMENT AGREEMENT TO: [insert the information the Province will provide to the Recipient after the Effective Date by Notice ] FROM: [insert the address of an independent professional engineer] Attention: [insert the name and title of the professional engineer] Email: [insert the email address of the professional engineer] Telephone No.: [insert the telephone number of the professional engineer] RE: Investing in Canada Infrastructure Program (ICIP): Public Transit Stream Transfer Payment Agreement - Project [insert the Project unique ID and title] In the matter of the Investing in Canada Infrastructure Program (ICIP): Public Transit Stream Transfer Payment Agreement entered into between Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation for the Province of Ontario, and the [insert the name of the Recipient] (the “Recipient”), on ________________, _____ (the “Agreement”). I, ____________________ [insert the name and title of the professional engineer], an independent professional engineer duly licensed in the Province of Ontario, having made such inquiries as I have deemed necessary for this certificate, hereby certify that to the best of my knowledge, information and belief: On and as of the date set out below, the work for the Project is ________ [Insert Project percent complete] percent complete, and the Project: 1. was supervised and inspected by qualified staff; 2. conforms with the plans, specifications and other documentation for the work; 3. conforms with applicable Environmental Laws, as defined in the Agreement, and appropriate mitigation measures have been implemented; 4. conforms with Schedule “C” (Project Description, Budget, Timelines, and Standards) of the Agreement, except as the Province has otherwise approved in advance and in writing; and Page 361 of 392 Niagara Falls and Ontario ICIP TPA 5. conforms with the requirements provided for in paragraph A.4.9(d) of Schedule “A” (General Terms and Conditions) of the Agreement to comply with industry standards. Declared at ____________ (municipality), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) Name: [insert/print the name of the professional engineer] Title: [insert/print the title of the professional engineer] Witness Name: [insert/print the name of the witness] Title: [insert/print the title of the witness] Page 362 of 392 Niagara Falls and Ontario ICIP TPA SCHEDULE “K” COMMITTEE K.1.0 ESTABLISHMENT OF COMMITTEE K.1.1 Establishment and Term of Committee. If the Province requires the establishment of a Committee to oversee the Agreement, pursuant to section A.30.1 (Establishment of Committee), the Parties will, within 60 days of the Province providing Notice, hold an initial meeting to establish the Committee. The Committee’s mandate will expire on the Expiry Date of the Agreement. K.2.0 COMMITTEE MEMBERS, CO-CHAIRS, AND OBSERVERS K.2.1 Appointments by the Province. The Province will appoint two persons as members of the Committee. K.2.2 Appointments by the Recipient. The Recipient will appoint two persons as members of the Committee. K.2.3 Chairs of the Committee. The Committee will be headed by co-chairs chosen from its members, one appointed by the Province and one appointed by the Recipient. If a co- chair is absent or otherwise unable to act, the member of the Committee duly authorized in writing by the Province or the Recipient, as applicable, will replace him or her and will act as co-chair in his or her place. K.2.4 Non-committee Member Staff. The Parties may invite any of their staff to participate in Committee meetings. The Province may invite up to two representatives from Canada to sit as observers on the Committee. For greater certainty, the staff and representative(s) from Canada will not be considered members and will not be allowed to vote. K.3.0 MEETINGS AND ADMINISTRATIVE MATTERS K.3.1 Rules of Committee. The Committee will: (a) meet at least two times a year, and at other times at the request of a co-chair; and (b) keep minutes of meetings approved and signed by the co -chairs as a true record of the Committee meetings. K.3.2 Quorum. A quorum for a meeting of the Committee will exist only when both co-chairs are present. Page 363 of 392 Niagara Falls and Ontario ICIP TPA K.4.0 COMMITTEE MANDATE K.4.1 Mandate. Provided that no action taken by the Committee will conflict with the rights of the Parties under the Agreement, the mandate of the Committee will include, but not be limited to: (a) monitoring the implementation of the Agreement including, without limitation, the implementation of Schedule “G” (Communications Protocol), for compliance with the terms and conditions of the Agreement; (b) acting as a forum to resolve potential issues or disputes and address concerns; (c) reviewing and, as necessary, recommending to the Parties amendments to the Agreement; (d) approving and ensuring audit plans are carried out as per the Agreement; (e) establishing sub-committees as needed; (f) at the request of the Province, reviewing requests for payments; and (g) attending to any other function required by the Agreement, including monitoring project risk and mitigation measures, or as mutually dire cted by the Parties. K.4.2 Committee Decisions. Decisions of the Committee will be made as follows: (a) the co-chairs will be the only voting members on the Committee; and (b) decisions of the Committee must be unanimous and recorded in writing. K.5.0 ROLE OF THE RECIPIENT K.5.1 Requirements. The Recipient undertakes to fulfill, in addition to any other requirements provided for in this Schedule “K” (Committee), the following: (a) establish a fixed location where the Agreement will be managed, and maintain it until the expiry of the Committee’s mandate and, if relocation is required, establish a new location; (b) prepare and retain, at the location described in paragraph K.5.1(a), and make available to the Committee, all documents needed for the work o f the Committee, including payment request forms, approval documents, contracts, and agendas and minutes of meetings of the Committee and its subcommittees; Page 364 of 392 Niagara Falls and Ontario ICIP TPA (c) ensure that any audit required of the Recipient pursuant to the Agreement is carried out and the results are reported to the Committee; (d) ensure that administrative and financial systems are developed and implemented for the Project and the work of the Committee; (e) promptly inform the Committee of all proposed changes in respect of any Project; and (f) provide the Committee, as requested and within the timelines set by the Committee, and to the Committee’s satisfaction, project status information related to Schedule “D” (Reports). Page 365 of 392 -1- 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. (Prohibited Turns) --------------------------------------------------------------- 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: (1) by removing from the specified columns of Schedule R thereto the following items: PROHIBITED TURNS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY LOCATION DIRECTION PROHIBITED TURN TIMES OR DAYS Victoria Avenue At Walnut Street Northeast Right At All Times Victoria Avenue At Walnut Street Southwest Left At All Times Walnut Street At Victoria Avenue Southeast Through At All Times Page 366 of 392 -2- This By-law shall come into force when the appropriate signs are removed. Passed this twenty third day of March, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 23, 2021 Second Reading: March 23, 2021 Third Reading: March 23, 2021 Page 367 of 392 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, Stop Signs at Intersections, Pedestrian Crossovers) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Matteo Drive & McLeod Road Northbound on Matteo Drive Sherrilee Crescent & Matteo Drive Eastbound on Sherrilee Crescent Parsa Street & Matteo Drive Westbound on Parsa Street Jonathan Drive & Matteo Drive Eastbound on Jonathan Drive Sherrilee Crescent & Jonathan Drive Eastbound on Sherrilee Crescent Matteo Drive & Emily Boulevard Southbound on Matteo Drive Parsa Street & Emily Boulevard Southbound on Parsa Street Emily Boulevard & Garner Road Eastbound on Emily Boulevard Page 368 of 392 (b) by adding to the specified columns of Schedule AB thereto the following item: PEDESTRIAN CROSSOVERS COLUMN 1 COLUMN 2 HIGHWAY LOCATION Emily Boulevard At Parsa Street, east side of intersection (c) by adding to 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 Emily Boulevard Both Parsa Street and At All Times a point 30 metres east of Parsa Street This By-law shall come into force when the appropriate signs are installed. Passed this twenty-third day of March, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 23, 2021 Second Reading: March 23, 2021 Third Reading: March 23, 2021 Page 369 of 392 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to rezone lands within the Transit Station Secondary Plan Area to CB, CB2, CB3, CB4, CB4-1, CB5 AND CB6 (AM-2020-007). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedules 1 and 2 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 and Schedule 2 are a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to amend the Central Business Commercial Zone (CB) and add new Central Business Commercial Zones CB2, CB3, CB4, CB4-1, CB5, and CB6. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Section 2 Definitions shall be amended by inserting the following section after section 2.69: (a) “2.70 “Amenity Area” means the area of a lot and/or building intended for the use and enjoyment of the tenants of such lot and/or building, and shall include areas that are landscaped open spaces, patios, privacy areas, balconies, communal lounges, swimming pools, play areas, roof decks, sundecks and similar uses, located on the same lot, but shall not include a building’s service areas, parking lots, aisles or access driveways, or Planting Strip.” (b) “2.71 “Licensed Establishment” means any premises issued a licence by the Alcohol and Gaming Commission of Ontario under the Liquor Licence Act, to serve liquor either as a permanently-licensed facility or a temporary or occasionally-licensed facility.” (c) “2.72 “Nightclub” means a licensed establishment having a capacity of over 499 persons as set out in any and all liquor licence(s) issued for such licensed establishment by the Alcohol and Gaming Commission of Ontario.” (d) “2.73 “Bicycle Parking Space” means a space to park a bicycle. (e) “2.74 “Bicycle Locker” means an individual bicycle storage unit that is weather protected, enclosed, and has a controlled access system.” (f) “2.75 “Bicycle Parking Enclosure” means a means an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle and may include a bicycle locker.” (g) “2.76 “Short-term Bicycle Parking” means a space where a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle.” 4. Section 4 General Provisions shall be amended by adding the following sections after section 4.36. (a) “4.37 BICYCLE PARKING: bicycle parking enclosures shall only be required for buildings or portions of buildings that were not existing on the effective date of the By-law and shall be provided in accordance with the following: Page 370 of 392 2 (i) Bicycle parking shall be provided at a rate of 0.5 spaces/dwelling unit for apartment dwellings and 1 space/500m² of floor area for non- residential uses. (ii) Short-term bicycle parking shall be provided at a rate of 2 spaces per apartment dwellings with 20 units or less, and at a rate of 6 spaces per apartment dwelling having more than 20 dwelling units. Non-residential uses shall provide 1 space/ 500m² of gross leasable floor area. (iii) A bicycle parking space shall be located within a building, structure, enclosure and/or bicycle locker. (iv) A bicycle parking space shall be a minimum of 1.8 metres in length, a minimum of 0.6 metres in width, and overhead clearance in covered spaces shall be a minimum of 2.1 metres. (v) Notwithstanding subsection c above, where a bicycle parking space provides for vertical storage of a bicycle, the minimum length may be reduced to 1.2 metres. (vi) Notwithstanding subsections a) and c), where a bicycle parking space is located within a bicycle locker, overhead clearance shall not be required. (vii) A bicycle parking space shall abut an access aisle which shall be a minimum of 1.5 metres in width.” (b) “4.38 NIGHTCLUBS: nightclubs, where permitted in a zone shall be subject to the following regulations: (i) a nightclub shall be separated from another nightclub or licensed establishment by a minimum distance of 100 metres measured from premises to premises. (ii) a nightclub shall be separated from the boundary of a Residential Zone by a minimum distance of 45 metres. (iii) parking for a nightclub shall be provided at a rate of 1 parking space for each 5 persons that can be lawfully accommodated therein at any one time.” 5. By-law 79-200 is amended by deleting Section 8.5 in its entirety and replacing it with the following Section 8.5: “8.5 CENTRAL BUSINESS COMMERCIAL ZONE 8.5.1 PERMITTED USES: No person shall within any CB, CB2, CB3, CB4, CB4-1, CB5 OR CB6 Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Art gallery (b) Assembly hall (c) Auctioneering establishment (d) Bake shop (e) Bank, Trust Company, Credit Union, Currency Exchange (f) Car rental establishment, truck rental establishment (g) Clinic (h) Dancing studio (i) Day Nursery Page 371 of 392 3 (j) Drive-in restaurant in accordance with section 4.23 (k) Dry cleaning establishment (l) Farmers’ market (m) Funeral home (n) Health Centre (o) Hotel (p) Laundry (q) Library (r) Motel in accordance with section 4.25 (s) Museum (t) Office (u) Parking lot (v) Personal Service shop (w) Photographer’s studio (x) Place of entertainment (y) Place of Worship (z) Printing shop (aa) Public garage, mechanical (bb) Private club (cc) Recreational uses (dd) Restaurant (ee) Retail store (ff) Service shop (gg) Tavern (hh) Animal clinic (ii) Adult Store provided the adult store is separated from another adult store by a minimum distance of 100 metres from an adult entertainment parlour or body-rub parlour by a minimum distance of 300 metres (jj) CB: dwelling units in a building in combination with one or more of the uses listed in clauses a to jj inclusive above, provided that not more than 75% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. CB2: Apartment Dwelling except on Queen Street, and Park Street (between Ontario Ave and Erie Avenue), where dwelling units are only permitted in a building in combination with one or more of the uses listed in this section and further provided that such dwelling units, except entrances thereto, are located above the ground floor. CB3: Apartment Dwelling CB4 or CB4-1: Apartment Dwelling CB5: Dwelling units are only permitted in a building in combination with one or more of the uses listed in this section and further provided that such dwelling units, except entrances thereto, are located above ground floor. CB6: Dwelling units are only permitted in a building in combination with one or more of the uses listed in this section and further provided that such dwelling units, except entrances thereto, are located above ground floor. (kk) Licensed establishment Page 372 of 392 4 (ll) Nightclub in accordance with section 4.38 (mm) Outdoor patio which is an accessory use to a drive-in restaurant, hotel, licensed establishment, nightclub, place of entertainment and restaurant, in accordance with Section 4.25A 8.5.2.A REGULATIONS: No person shall within the CB Zone use any land or erect or use any building or structure except in accordance with the provisions of Section 4 and the following: (a) Minimum lot frontage 6 metres (b) Minimum front yard depth In accordance with section 4.27, where applicable (c) Minimum rear yard depth (i) where any part of the building is used for residential purposes (ii) where no part of the building is used for residential purposes 10 metres plus any applicable distance, specified in section 4.27 3 metres plus any applicable distance specified in section 4.27, provided that no rear yard is required where the rear yard where the rear lot line abuts a public lane or a public parking lot (d) Minimum interior side yard width None (e) Minimum exterior side yard width In accordance with section 4.27, where applicable (f) Maximum lot coverage 85% (g) Maximum height of a building or structure 12 metres subject to section 4.7 (h) Maximum floor area Not specified (i) Minimum number of parking spaces: In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 (j) Loading area requirements In accordance with section 4.20 (k) Maximum floor area for each retail store 930 square metres 8.5.2.B REGULATIONS: Subject to Section 8.5.3, no person shall within the CB2 Zone use any land or erect or use any building or structure except in accordance with the provisions of Section 4 and the following: (a) Minimum lot frontage 15 metres Page 373 of 392 5 (b) Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres (c) Maximum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (d) Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (e) Minimum interior side yard width None (f) Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres plus any applicable distance specified in section 4.27, where applicable 6 metres (g) Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres plus any applicable distance specific in section 4.27, where applicable None (h) Maximum lot coverage 85% (i) Maximum height of a building or structure 20 metres, subject to section 4.27 (j) Minimum number of parking spaces: Page 374 of 392 6 (i) For an apartment dwelling (ii) for all other uses 1 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 (k) Loading area requirements In accordance with section 4.20.1 (l) Bicycle parking requirements In accordance with section 4.37 (m) Minimum amenity area for apartment dwellings 20 sq. m per dwelling unit (n) Minimum density 50 units per hectare (o) Maximum building length 60 metres (p) Minimum glazing for ground floor facades on Erie Avenue and Queen Street 60% (q) Minimum ground floor height 4.5 metres (r) Minimum elevation for residential uses at grade 0.9 metres (s) Minimum mechanical setback from edge of roof 3 metres (t) Maximum floor area for each retail store 930 sq. metres (u) Notwithstanding the regulations of 8.5.2.B, a use which is lawfully being carried on the date of the passing of this by-law, or the erection or use of a building or structure with a maximum building height of 12 metres, shall be subject to the regulations of 8.5.2.A 8.5.2.C REGULATIONS: Subject to Section 8.5.3, no person shall within the CB3 Zone use any land or erect or use any building or structure except in accordance with the provisions of Section 4 and the following: (a) Minimum lot frontage 20 metres (b) Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres (c) Maximum front yard depth Page 375 of 392 7 (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (d) Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (e) Minimum interior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres None 3 metres (f) Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres plus any applicable distance specified in section 4.27, where applicable 6 metres (g) Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres plus any applicable distance specific in section 4.27, where applicable none (h) Maximum lot coverage 85% (i) Minimum height of a building or structure 9 metres, subject to section 4.27 (j) Maximum height of a building or structure 26 metres, subject to section 4.27 (k) Minimum number of parking spaces: Page 376 of 392 8 (i) For an apartment dwelling (ii) for all other uses 1 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 (l) Loading area requirements In accordance with section 4.20.1 (m) Bicycle parking requirements In accordance with section 4.37 (n) Minimum amenity area for apartment dwellings 20 sq. m per dwelling unit (o) Minimum density 50 units per hectare (p) Minimum glazing for ground floor facades 60% (q) Minimum ground floor height 4.5 metres (r) Minimum elevation for residential uses at grade 0.9 metres (s) Minimum mechanical setback from edge of roof 3 metres (t) Maximum floor area for each retail store 930 sq. metres (u) Notwithstanding the regulations of 8.5.2.C, a use which is lawfully being carried on the date of the passing of this by-law, or the erection or use of a building or structure with a maximum building height of 12 metres, shall be subject to the regulations of 8.5.2.A 8.5.2.D REGULATIONS: Subject to Section 8.5.3, no person shall within the CB4 or CB4-1 Zone use any land or erect or use any building or structure except in accordance with the provisions of Section 4 and the following: (a) Minimum lot frontage 30 metres (b) Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres (iii) for any portion of a building with a height greater than 12 metres in CB4-1 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres 3 metres (c) Maximum front yard depth Page 377 of 392 9 (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (d) Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (e) Minimum interior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres None 3 metres (f) Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres (iii) for any portion of a building with a height greater than 12 metres in CB4-1 3 metres plus any applicable distance specified in section 4.27, where applicable 6 metres 3 metres (g) Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres plus any applicable distance specific in section 4.27, where applicable None (h) Maximum lot coverage 85% (i) Minimum height of a building or structure 9 metres, subject to section 4.27 (j) Minimum building setback above 12 metres height 3 metres (k) Maximum height of a building or structure 33 metres Page 378 of 392 10 (l) Minimum number of parking spaces: (i) for an apartment dwelling (ii) for all other uses 1 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 (m) Loading area requirements In accordance with section 4.20.1 (n) Bicycle parking requirements In accordance with section 4.37 (o) Minimum amenity area for apartment dwellings for CB4 20 sq. m per dwelling unit (p) Minimum amenity area for apartment dwellings for CB4-1 10 sq. m per dwelling unit (q) Minimum density 50 units per hectare (r) Maximum building length 60 metres (s) Minimum glazing for ground floor facades 60% (t) Minimum ground floor height 4.5 metres (u) Minimum elevation for residential uses at grade 0.9 metres (v) Minimum mechanical setback from edge of roof 3 metres (w) Maximum floor area for each retail store 930 sq. metres (x) Notwithstanding the regulations of 8.5.2.D, a use which is lawfully being carried on the date of the passing of this by-law, or the erection or use of a building or structure with a maximum building height of 12 metres, shall be subject to the regulations of 8.5.2.A 8.5.2.E REGULATIONS: Subject to Section 8.5.3, no person shall within the CB5 Zone use any land or erect or use any building or structure except in accordance with the provisions of Section 4 and the following: (a) Minimum lot frontage 40 metres (b) Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres Page 379 of 392 11 (c) Maximum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable none (d) Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (e) Minimum interior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres None 5 metres (f) Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres plus any applicable distance specified in section 4.27, where applicable 6 metres (g) Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres plus any applicable distance specific in section 4.27, where applicable None (h) Maximum lot coverage 85% (i) Minimum height of a building or structure 9 metres, subject to section 4.27 (j) Maximum podium height 14 metres (k) Maximum height of a building or structure 45 metres (l) Minimum number of parking spaces: Page 380 of 392 12 (i) For an apartment dwelling (ii) for all other uses 1 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 (m) Loading area requirements In accordance with section 4.20.1 (n) Bicycle parking requirements In accordance with section 4.37 (o) Minimum amenity area for apartment dwellings 20 sq. m per dwelling unit (p) Minimum density 50 units per hectare (q) Maximum building length 60 metres (r) Minimum glazing for ground floor facades 60% (s) Minimum ground floor height 4.5 metres (t) Minimum elevation for residential uses at grade 0.9 metres (u) Minimum mechanical setback from edge of roof 3 metres (v) Maximum floor area for each retail store 930 sq. metres (w) Notwithstanding the regulations of 8.5.2.E, a use which is lawfully being carried on the date of the passing of this by-law, or the erection or use of a building or structure with a maximum building height of 12 metres, shall be subject to the regulations of 8.5.2.A 8.5.2.F REGULATIONS: Subject to Section 8.5.3, no person shall within the CB6 Zone use any land or erect or use any building or structure except in accordance with the provisions of Section 4 and the following: (a) Minimum lot frontage 50 metres (b) Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres (c) Maximum front yard depth (i) for any portion of a building with a height of 12 metres or less 6 metres, plus any applicable distance specified in section 4.27, where applicable Page 381 of 392 13 (ii) for any portion of a building with a height greater than 12 metres None (d) Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (e) Minimum interior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres None 10 metres (f) Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres plus any applicable distance specified in section 4.27, where applicable 6 metres (g) Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres plus any applicable distance specific in section 4.27, where applicable None (h) Maximum lot coverage 85% (i) Minimum height of a building or structure 9 metres, subject to section 4.27 (j) Maximum height of a building or structure 66 metres (k) Maximum podium height 14 metres (l) Minimum tower separation 30 metres between towers or 15 metres from adjacent property lines if there is no adjacent tower (m) Minimum number of parking spaces: Page 382 of 392 14 (i) For an apartment dwelling (ii) for all other uses 1 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 (n) Loading area requirements In accordance with section 4.20.1 (o) Bicycle parking requirements In accordance with section 4.37 (p) Minimum amenity area for apartment dwellings 20 sq. m per dwelling unit (q) Minimum density 50 units per hectare (r) Maximum building length 60 metres (s) Minimum glazing for ground floor facades 60% (t) Minimum ground floor height 4.5 metres (u) Minimum elevation for residential uses at grade 0.9 metres (v) Minimum mechanical setback from edge of roof 3 metres (w) Maximum floor area for each retail store 930 sq. metres (x) Notwithstanding the regulations of 8.5.2.F, a use which is lawfully being carried on the date of the passing of this by-law, or the erection or use of a building or structure with a maximum building height of 12 metres, shall be subject to the regulations of 8.5.2.A 8.5.3 BUILT FORM REGULATIONS FOR CB2, CB3, CB4, CB5 AND CB6 (a) The minimum width of the ground floor façade shall be a minimum of 75% of the measurement of the front lot line (b) Signage and opaque/spandrel glazing shall not be included in the calculation for minimum glazing (c) Notwithstanding section 8.5.2.B, 8.2.5.C, 8.5.2.D, 8.5.2.E and 8.2.5.F a minimum setback of 6.0 metres shall be required for that portion of a building providing an access driveway to a parking area (d) Notwithstanding subsection 4.14 (c) open balconies not covered by a roof or canopy shall not project into any required yard. (e) On a lot with apartment dwellings, parking spaces and drive aisles within a building shall not be located on the ground floor of such building. (f) Despite Subsection (e), parking spaces and drive aisles may be located on the ground floor of a building where: (i) the ground floor of the building has one or more permitted uses other than a parking lot that abut the street line façade; and, (ii) parking spaces and drive aisles are located entirely behind the area on the ground floor devoted to the permitted uses in Subsection i) for the entire length of the street line façade, except for access.” Page 383 of 392 15 6. Section 19.1.73 is hereby amended by deleting the phrase ‘area designated CB and number 73 on Sheet D3 of Schedule “A” and substituting therefore the phrase ‘area designated CB, CB2, CB3, CB4, CB4-1, CB-5 and CB6 on Sheet D3 of Schedule “A”. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall us the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands from CB to CB2 in part, CB3 in part, CB4 in part, CB4-1 in part, CB5 in part, and CB6 in part and from GC to CB2 as shown on Schedule 1 and Schedule 2. Read a First, Second and Third time; passed, signed and sealed in open Council this 23rd day of March, 2021. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2020\By-laws\AM-2020-007 By-law\Byam007 mar 17.docx Page 384 of 392 Victoria AvStLawrenceAvBuckley AvMorrison St Vall ey WyQueen St Bridge St Huron St Park St Maple St Crysler AvCB2 CB2 CB2 CB4 CB2CB2 CB2 CB2 SCHEDULE 1 TO BY-LAW NO. 2021- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: K:\GIS_Requests\2020\Schedule\Zoning\07\Zoning_bylaw_AM_2020_007_schedule1.mxd City of Niagara Falls AM-2020-007 ¹ 3/4/2021 CB to CB2 CB to CB4 GC to CB2 NTS Page 385 of 392 River RdBurchPlPark St Queen St Morrison St Huron St Bridge St Lovell PlCataract AvZimmerman AvErie AvStClairAvOntario AvCrysler AvWh i rl p oo l BrCB4 CB4-1 CB2 CB5 CB5 CB6CB2CB2 CB6 CB6 CB3 CB6 CB3 CB2 CB2CB2CB2CB2 SCHEDULE 2 TO BY-LAW NO. 2021- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: K:\GIS_Requests\2020\Schedule\Zoning\07\Zoning_bylaw_AM_2020_007_schedule2.mxd City of Niagara Falls AM-2020-007 ¹ 3/4/2021 CB to CB2 CB to CB3 CB to CB4 CB to CB4-1 CB to CB5 CB to CB6 NTS Page 386 of 392 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. 138 to the Official Plan of the City of Niagara Falls. PURPOSE OF THE AMENDMENT The purpose of the amendment is to allow for the development of 108 residential units in 5, 3.5 storey apartment buildings in the form of stacked townhouses. The subject lands are approximately 0.96 hectares in size and are located at the southwest corner of McLeod Road and Alex Avenue. Special Policy Area 48 currently permits the development of a 4 storey, 138 room hotel on the north-east portion of the land and general commercial uses on the balance of the land. This amendment is intended to permit residential uses on the eastern half of the subject lands within this Special Policy Area instead of the permitted hotel use. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGES PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by deleting and replacing the following subsection: 13.48 Special Policy Area “48” applies to approximately 1.9 hectares of land located on the southwest corner of McLeod Road and Alex Avenue. Notwithstanding the Minor Commercial policies, Residential uses may be developed on the east half of the land in accordance with Part 1, Section 3.7 of this Plan. The balance of the land may be developed for general commercial purposes, not exceeding 2 storeys and a floor area of 2, 576 square metres. To ensure the developments do not impact the neighbourhood to the south, provisions shall be included in the amending by-laws to require high quality landscaped settings and any restaurants to be located in the northerly half of the site along McLeod Road. S:\OFFICIAL.PLN\AMEND\#138 - Alex & McLeod\Body - OPA 138.docx Page 387 of 392 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to provide for the adoption of Amendment No. 138 to the City of Niagara Falls Official Plan (AM-2020-011). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 138 to the City of Niagara Falls Official Plan, constituting the attached text, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 23rd day of March, 2021. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\OFFICIAL.PLN\AMEND\#138 - Alex & McLeod\By-law - OPA 138.docx Page 388 of 392 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law No. 79-200, to permit the use of the lands for 108 dwelling units in 5, 3.5 storey apartment buildings and to repeal By-law Nos. 2005-55, 2005-196 and 2011-118 (AM-2020-011). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5C zone 5. The regulations governing the permitted uses shall be: a) Minimum lot area 88 square metres for each dwelling unit b) Minimum front yard depth 5.5 metres to the building plus any applicable distance specified in Section 4.27.1 of By-law No. 79- 200 c) Minimum exterior side yard width 4.5 metres to the building plus any applicable distance specified in Section 4.27.1 of By-law No. 79- 200 d) Minimum southerly interior side yard width 7.5 metres e) Minimum rear yard depth 6.0 metres f) Maximum number of apartment dwellings on one lot 5 Page 389 of 392 2 g) Maximum height of a building or structure 10.8 metres subject to Section 4.7 of By-law No. 79-200 h) Minimum number of parking spaces 1.26 spaces for each dwelling unit i) Maximum permitted number of parking spaces permitted in the front yard without a decorative wall or landscaped berm between the parking space and the front lot line 1, subject to providing a minimum 1.5 metre wide landscape strip between the parking spot and the front lot line j) Maximum permitted projection of a balcony into a required exterior side yard 1.2 metres k) Minimum landscaped open space 34% of the lot area l) The balance of regulations specified for a R5C use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail . 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from GC and numbered 696 to R5C and numbered 1146. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1146 Refer to By-law No. 2021-____ 11. By-law Nos. 2005-55, 2005-196 and 2011-118 are deleted. Read a First, Second and Third time; passed, signed and sealed in open Council this 23rd day of March, 2021. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2020\By-laws\AM-2020-011 By-law (OPA & ZBA)\AM-2020-0011 By-law.docx Page 390 of 392 6.6m 6.6m7 .5 m 9 .9 m 45.6m9 0 .0 m 9 9 .9 m R =5 8 .2 m95.6mAlex AvM c L e o d R d Aspen CtSCHEDULE 1 TO BY-LAW NO. 2021- Subject Land: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2020\Schedule\Zoning\11\Zoning_bylaw_AM_2020-011.mxd M5V Inc. (Sherrard McQueen) 272508000314810 AM-2020-011 3/16/2021 Description:PT BLK 1 59M95 BEING PT 1 59R12942; NIAGARA FALLS 1146R5C ¹NTS Page 391 of 392 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 23rd day of March, 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 23rd day of March 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 23rd day of March, 2021. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 392 of 392