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05/11/2021
City of Niagara Falls Agenda City Council Meeting Tuesday, May 11, 2021 @ 4:00 PM Council Chambers/Zoom App Due to the COVID-19 and the Closure of City Hall, all electronic meetings can be viewed on this page, the City of Niagara Falls You Tube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera May 11 2021 - Resolution to go In-Camera 12 2. CALL TO ORDER O Canada: Performed by: Sibilla Malekzadeh (Recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of April 20, 2021 Minutes - City Council - 20 Apr 2021 - Pdf 13 - 38 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. PRESENTATIONS 6.1. Fire Station #7 - Thank you from the firefighters Page 1 of 472 On behalf of the Niagara Falls Firefighters, Justin Canestraro, NFPFFA President, would like to thank City Council and Senior Staff for all of the efforts put forth to allow for the completion of Fire Station #7. 6.2. Mayor's Youth Advisory Committee (MYAC) On behalf of MYAC, Salony Sharma and Arul Dilwaria will be making a virtual presentation to Council proposing a Regional Youth Advisory Committee. 7. REPORTS 7.1. CAO-2021-02 Niagara District Airport RFP CAO-2021-02 - Niagara District Airport - RFP 39 - 45 7.2. F-2021-28 Delegation of Authority under the Municipal Act, 2001 s.357 (1) (d.1) for a Tax Relief Application for Sickness or Extreme Poverty to the Assessment Review Board of Ontario F-2021-28 Delegation of 357 (1) (d.1) to the ARB F-2021-28 Attachment 1 46 - 51 7.3. MW-2021-31 Brown Road – Bicycle Lane MW-2021-31 Brown Road Bicycle Lanes MW-2021-31 Attachment 1 - Brown Road Bicycle Lanes 52 - 55 7.4. MW-2021-32 (Correspondence from business owners added) Queen Street – 2021 Promenade Proposal - Update MW-2021-32 Queen Street 2021 Promenade Proposal MW-2021-32 - Attachment #1 BIA Letters MW-2021-32 - Attachment #2 (Public Comments on MW-2021-26) MW-2021-32 - Attachment #3 Report MW-2021-26 56 - 103 Page 2 of 472 Correspondence from business owners in opposition 7.5. MW-2021-33 Chippawa Boat Ramp Operational Review MW-2021-33 - Chippawa Boat Ramp Operational Review MW-2021-33 - Attachment #1 - Hamilton Example MW-2021-33 - Attachment #2 Questionnaire DETAILED Responses MW-2021-33 - Attachment #3 - Questionnaire Summary Text MW-2021-33 - Attachment #4 - Email Correspondence 104 - 215 7.6. MW-2021-35 Former Parks, Recreation and Culture Building Proposed End Use Mark Richardson, Manager of Cemeteries Services, is on standby to address any questions of Council. MW-2021-35 - Former Parks Recreation Culture Building - Confirmation Of Dedesignation MW-2021-35 Attachment 1 - Review Board Report MW-2021-35 - Attachment 2 - MW-2019-18 Council Report MW-2021-35 - Attachment 3 - Proposed Redevelopment of Corner Property MW-2021-35 - Attachment 4 - Design Details MW-2021-35 Attachment 5 - Artist Rendering - Proposed Corner Feature MW-2021-35 - Attachment 6 - Letters of Support (43 North Restaurant Group, LL BIA, Patterson FH, Morse & Son FH) 216 - 286 7.7. MW-2021-36 Mountain Road Landfill End-Use Master Plan 287 - 297 Page 3 of 472 MW-2021-36 - Mountain Road Landfill End Use Plan MW-2021-36 - Attachment 1 - Location Plan MW-2021-36 - Attachment 2 - Apr 20 2021 Letter from Niagara Region 7.8. PBD-2021-15 (Correspondence added) AM-2017-005, Licensing By-law for Vacation Rental Units and Bed and Breakfasts PBD-2021-15, AM-2017-015, Licensing By-law for VRUs and B&Bs Correspondence from Kenneth Westhuis 298 - 301 7.9. PBD-2021-020 AM-2019-012, Exemption Request to 2-Year Waiting Period for a Minor Variance 6353 Carlton Avenue Owner: Pivotal Fine Homes Ltd. PBD-2021-020, AM-2019-012, Two- Year Waiting Period Exemption Request 302 - 307 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-2021-29 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes F-2021-29- Final Tax Notice Due Dates 308 - 309 F-2021-30 2021 Property Tax Rates 310 - 313 Page 4 of 472 F-2021-30 - 2021 Property Tax Rates F-2021-30 Attachment F-2021-31 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2018 F-2021-31 2018 Trust Fund Financial Statements F-2021-31 - Attachment 314 - 322 L-2021-09 Encroachment Agreement with the City 4457 Ferguson Street and encroachments into the Hickson Avenue road allowance (Rena Vaturi, Yaffa Abihsira & Michel Abihsira) Our File No. 2020-200 L-2021-09 Encroachment Agreement for Rena Vaturi with attachments 323 - 334 MW-2021-30 Willoughby Gardens Subdivision - Regulatory Signs MW-2021-30 Willoughby Gardens Regulatory Signs MW-2021-30 Willoughby Gardens Regulatory Signs Bylaw 335 - 338 MW-2021-34 Award of Pavement Marking Tender RFT21-2021 MW-2021-34 Award of Tender RFT21-2021 Pavement Marking MW-2021-34 Attachment #1 RFT21-2021 Unofficial Opening Results 339 - 341 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Resolution - City of Welland The City of Welland passed the attached motion regarding “Welland’s Rescinding of the Transfer of Operating Authority of the Niagara Central Dorothy Rungeling Airport (NCDRA) and the Niagara District Airport (NDA). RECOMMENDATION: For the Information of Council. 342 - 344 Page 5 of 472 13-50 Correspondence Letter City of Welland - Notice of Motion - Rungeling Airport 9.2. Resolutions from Niagara Peninsula Conservation Authority (NPCA) Attached are resolutions from the NPCA regarding: 1) Trails 2) Expansion of the greenbelt RECOMMENDATION: For the Information of Council. NPCA Trails Resolution - City of Niagara Falls NPCA Greenbelt Resolution - City of Niagara Falls Greenbelt Supporting Documents 345 - 354 9.3. Resolution - Town of Pelham - Request to Niagara Region to Delay OP Update Attached is a resolution endorsed by the Council of the Town of Pelham at their April 19, 2021 meeting. RECOMMENDATION: For the Information of Council. Town of Pelham - Request to Region of Niagara to Delay OP Update 355 - 357 9.4. Resolution - Town of Lincoln - Climate Change Adaptation Plan and Crisis Attached is a resolution from the Town of Lincoln regarding the climate change adaptation plan and crisis. RECOMMENDATION: For the Information of Council. TOL Resolution RE Climate Change Adaptation Plan and Crisis 358 - 359 9.5. Resolution - City of Brantford - Request to withdraw prohibition of golf. Attached is a resolution of Brantford City Council from its meeting held April 27, 2021 regarding a request to withdraw the prohibition of golf. RECOMMENDATION: For the Information of Council. 360 Page 6 of 472 Resolution - Request to Withdraw Prohibition of Golf - City of Brantford... 9.6. Resolution - Town of Fort Erie - Source Water Protection Legislation Attached is a resolution from the Town of Fort Erie regarding source water protection legislation. RECOMMENDATION: For the Information of Council. Ford-Water Protection Legislation-Apr27 361 - 362 9.7. Response from Niagara Region - City Recycling Initiative - Gold Box Program Attached is correspondence from the Niagara Region responding to the City of Niagara Falls' motion regarding a city recycling initiative and the gold box program. RECOMMENDATION: For the Information of Council. Response to City of NF Re Gold Star Recycler Rewards Program 363 - 365 9.8. Regional Correspondence The following items have been sent from the Niagara Region for information. 1) Niagara Region Report PDS 19-2021 - Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program - 2021 Funding Recommendations 2) Niagara Region Report PDS 20-2021 - 2020 Reserve Water and Wastewater Treatment Capacities 3) Niagara Region Report CSD 23-2021 - 2021 Property Tax Policy, Ratios and Rates 4) Niagara Region Council Motion - Support Local Journalism and News Media 5) Double Direct Councillors RECOMMENDATION: For the Information of Council. CLK-C 2021-067 PDS 19-2021 - Combined Sewer Overflow Control & Wet Weather Management Program CLK-C 2021-068 PDS 20-2021 - 2020 Reserve Water & Wastewater Treatment Capacities 366 - 421 Page 7 of 472 CLK-C 2021-065 CSD 23-2021- 2021 Property Tax Policy, Ratios and Rates CLK-C 2021-075 Motion re Local Media CLK-C 2021-076 CLK 3-2021 - Double Direct Councillors 9.9. Flag Raising Request - Niagara Pride Week Pride Niagara is reaching out to municipalities in NIagara to request participation in the annual pride flag-raising on Tuesday, June 1st. RECOMMENDATION: That the City of Niagara Falls approve the request to arrange a flag-raising ceremony on Tuesday, June 1st to recognize Niagara Pride Week. Flag Raising Request - Niagara Pride Week 422 - 423 9.10. Letter from Attorney General Downey and Minister Clark: tools for municipalities to modernize the regulation of alcohol consumption The attached letter highlights some of the recent liquor licensing measures our government has taken to provide additional tools to municipalities to modernize the regulation of alcohol consumption. RECOMMENDATION: For the Information of Council. Letter from Attorney General and Minister of Municipal Affairs and Housing 424 - 425 9.11. Resolution - Town of West Lincoln - Request to Amend the Beds of Navigable Waters Act Attached is a resolution from West Lincoln to the Province regarding a request to amend the Beds of Navigable Waters Act. RECOMMENDATON: For Council's Consideration. Letter to Niagara Municipaliites - Apr 27 West Lincoln Recommendation Report - Request to Amend the Beds of Navigable Waters Act 426 - 431 9.12. Correspondence from Ontario Clean Air Alliance 432 - 434 Page 8 of 472 Ontario's Independent Electricity System Operator (IESO) is launching a public engagement process on how Ontario can reduce its greenhouse gas pollution by phasing out its gas-fired power plants. RECOMMENDATION: For the Information of Council. IESO launches public engagement on phasing-out Ontarios gas-fired power plants 9.13. Niagara Food Banks - Media Release Niagara Food Banks raise concerns over the significant increase in the need for donations. RECOMMENDATION: For the Information of Council. JOINT RELEASE_Niagara Food Banks Raise Concerns_ May 6 2021 435 - 437 9.14. 2021 Provincial Day of Action on Litter - Partner Guide The Minister of the Environment is sending correspondence as a follow- up to the 2021 Provincial Day of Action on Litter occuring on May 11, 2021 with a Partner Guide. RECOMMENDATION: For the Information of Council. 2021 Provincial Day of Action on Litter - Partner Guide 438 10. RESOLUTIONS 10.1. Resolution - AM-2019-012 That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2-year waiting period for minor variances and thereby allows Pivotal Fine Homes Ltd. to file an application to the City’s Committee of Adjustment for the development of the their Plan of Vacant Land Condominium that is regulated by By-law No. 2019-122. No. 6 - Resolution AM-2019-012 439 11. RATIFICATION OF IN-CAMERA 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. Page 9 of 472 2021-52 - A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2021. 2021 Levy Bylaw 5.11.21 440 - 444 2021-53 - 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 MAY 11 By-law Enforcement Officers 445 - 447 2021-54 - A by-law to authorize the Assessment Review Board to exercise certain powers and functions of Council pursuant to the Municipal Act, 2001 S. 357 (1) (d.1). Bylaw Delegation of Council Authority Section 357 (1) (d.1) to the ARB 448 2021-55 - 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 – (Part 4 – 80km/h), Speed Limits on Highways – (Part 2 – 60km/h), Parking Prohibited, Designated Lanes) May 11 - Garner Rd, Rapidsview Dr, Sixth Ave, Brown Road 449 - 451 2021-56 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections) MW-2021-30 Willoughby Gardens Regulatory Signs Bylaw 452 - 453 2021-57 - being a by-law to regulate and license vacation rental units and bed and breakfast establishments and to amend by-law 2001-31. Licensing By-law - B&B and VRU 454 - 470 2021-58 - A by-law to amend By-law 2018-104 being a by-law to set a Municipal Accommodation Tax. Accommodation Tax Bylaw 471 472 Page 10 of 472 2021-59 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of May, 2021. 05 11 21 Confirming By-law 13. NEW BUSINESS 14. ADJOURNMENT Page 11 of 472 The City of Niagara Falls, Ontario Resolution May 11, 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 May 11th, 2021, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (c), and s. 239 (3) (b) of the Municipal Act: (2) A meeting or part of a meeting may be closed to the public if the subj ect matter being considered is; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (3) (b) an ongoing investigation respecting the municipality by the Ombudsman. THEREFORE BE IT RESOLVED that on May 11th, 2021 Niagara Falls City Council will go into a closed meeting prior to their scheduled Meeting of Council that is scheduled at 4:00 p.m., to consider matters that fall under section 239 (2) (c) of the Municipal Act for a proposed or pending acquisition or disposition of land for proposed conveyance of City owned lands within the Montrose Business Park as well as offers to purchase land within the Montrose Business Park. The property of 8196 Cummington Square will also be discussed as well as City owned property along the north side of the Hydro Corridor from Kalar Road to Charnwood Avenue. Lastly, Council will deal with an ongoing investigation respecting the municipality by the Ombudsman regarding a complaint received. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 12 of 472 MINUTES City Council Meeting Tuesday, April 20, 2021 Council Chambers/Zoom App - 4:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, and Councillor Chris Dabrowski COUNCIL ABSENT: COUNCIL LATE: 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange 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: Emily and Alana Kapitanchuk (Recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of March 23, 2021 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the minutes of March 23, 2021 be approved as recommended. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Page 1 of 26 Page 13 of 472 City Council April 20, 2021 a) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque #00331-0043 made out to NCDSB, his employer; declared a conflict to PBD-2021-18, as family owns land in the Montrose and Lyons Creek area which is close proximity to some of the identified maps; declared a conflict to PBD-2021-013, 6400 and 6420 Kalar Road as family involved in ownership; and declared a conflict to Resolution AM 2019-19 which is tied to PD 2021-13. b) Councillor Vince Kerrio declared a conflict of interest to Report CD- 2021-01 - Waiving of Business Licence fees, as he owns a business and to Report L-2021-07 Encroachment Agreement with the City, 6361 Fallsview Blvd.(neighbouring business). c) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: • Cheque #444188, dated March 8, 2021 for $122.12. • Cheque #444628, dated March 24, 2021 for $127.77. Councillor Lococo declared a conflict of interest to the following: • Item #7.8 - Queen Street - 2021 Promenade Proposal • Item #9.18 - Downtown BIA C - CIP Funding, Spouse, former employer. • Item #6.1 - PBD-2021-18 - City of Niagara Falls Employment Lands Strategy, Phase 2 Report. d) Mayor Jim Diodati indicated a pecuniary interest to the following cheques: • Cheque #444038 • Cheque #444603 • Cheque #444436, cheque is payable to a family member. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati recognized the following Staff/Councillor birthdays: • Councillor Chris Dabrowski - Wednesday, March 31st • CAO, Ken Todd - Monday, April 12th • Councillor Carolynn Ioannoni - Tuesday, April 13th b) Mayor Diodati extended condolences on the passing of Frank Devereaux, father of Frank Devereaux Jr, Captain of Fire Prevention; John James, Retired Platoon Chief in Fire Services; Tommaso Mussari, father of retired City Employee Tom Mussari and William Matson, father of our City Clerk, Bill Matson. Page 2 of 26 Page 14 of 472 City Council April 20, 2021 c) Mayor Diodati recognized the following current events: Passing of Prince Philip [photos] • Falls illuminated in purple to honour his passing [photo] • Flags at City Hall and city buildings were at half-staff in his honour • 1951 visit to Niagara Falls [photo] • His long service to the commonwealth, the queen and his country Ryker homecoming [photos] • March 31st NF resident, Ryker Burbidge came home from Sick Kids • 1 year of being treated at Sick Kids – was well cared for there • After a terrible accident left him burned over 80% of his body • Thanks to our Fire Department for their help to welcome him home • Some of the same staff who attended as first responders at Ryker’s accident were able to welcome him home • Thank you to Mr. Folino and staff at Cherrywood for organizing Ms. Edith McLeod – intro to video presentation • Had the honour of making a special historic presentation • Edith McLeod, NF resident lost her brother in WWII • Harry Gregory Farrington, WWII flying officer—died March, 1943 • His plane was shot down and crashed in the Netherlands • Recently the plane wreck was resurrected by the government there • A bronze statue is being erected there in honour of the sacrifice • The Mayor of Almere, a small municipality in the Netherlands, reached out to ask me to make a presentation to Edith McLeod • Please watch this special presentation Premier in Niagara Falls • Monday, March 29th • Accompanied by o Minister of Tourism Lisa MacLeod & o Minister of Finance, Peter Bethlenfalvy • Announcement to support tourism • Thank government for continued support and contributions to our sectors that are hurting 15 Downtown grand openings Page 3 of 26 Page 15 of 472 City Council April 20, 2021 • Kudos to the BIA—innovative idea! • Welcomed 15 incredible new businesses • Opening their doors in challenging times • Wish them each much success! Falls Illumination for Steve Ludzik • April = Parkinson’s Awareness month & honouring Steve Ludzik • Sunday, April 11th • Falls illuminated red • Successful surgery yesterday, Mon Apr19 • #29 Ludzy Strong Vaccination Clinic returning to MacBain Centre • Back to MacBain Centre • Thursday, April 22- Tuesday, April 27 & • Thursday, April 29- Friday, April 30th • Look forward to another successful rotation at this clinic • Thank the community for their cooperation – Reminder: o coming just 5 minutes prior to vaccination time o prepared with health card/ following rules when there TVO documentary • Tripping the Niagara • Popular immersive series • Highlighting 24 kilometers of Niagara River, highlighting: o Historic forts o Vineyards o Orchards o White water and the falls • Premiered on TVO on Friday, April 2nd • Streaming now at tvo.org d) The next Council meeting is scheduled for Tuesday, May 11, 2021. 6. PRESENTATIONS 6.1. PBD-2021-18 City of Niagara Falls Employment Lands Strategy Phase 2 Report Councillors Lococo and Pietrangelo left the meeting as they both declared a conflict of interest to this matter. Page 4 of 26 Page 16 of 472 City Council April 20, 2021 Adam Fisher and Jamie Cook, Consultants from Land Economics, made a presentation to Council. The report recommends the following: 1. That Council receive the presentation regarding the City of Niagara Falls Employment Lands Strategy Phase 2 Report attached as Appendix I. 2. That Council direct staff to proceed to Phase 3 of the Strategy including consultation with the community. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council receive the presentation regarding the City of Niagara Falls Employment Lands Strategy, Phase 2 Report and that Council direct staff to proceed to Phase 3 of the Strategy including consultation with the community. Carried Unanimously (Councillor Lococo and Councillor Pietrangelo declared a conflict). 7. REPORTS 7.1. L-2021-07 Encroachment Agreement with the City 6361 Fallsview Boulevard and exterior canopy encroachment into the Fallsview Boulevard road allowance (Steadfast Hospitality Inc.) Our File No. 2020-146 John Pellegrino, representing the Hilton, was on standby by was not required to speak on this matter. The report recommends the following: 1. In the event that Council determines it is in the best interest to do so, that Steadfast Hospitality Inc. be permitted to construct an exterior canopy that will extend into the City’s road allowance, being a portion of Fallsview Boulevard, which abuts 6361 Fallsview Boulevard. 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 6361 Fallsview Boulevard and the applicable Page 5 of 26 Page 17 of 472 City Council April 20, 2021 parcel for the affected portion of the Fallsview Boulevard road allowance in the Land Registry Office. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict of interest). 7.2. CD-2021-01 Potential Waiver of 2021 Municipal Business Licence Fees to Support COVID-19 Recovery The report recommends that Municipal Business Licence fees for 2021 be waived for the following business types: Amusement Place, Auctioneers, Barber Shops - Hair Dressing, and Esthetician Establishments, Bowling Alleys, Exhibitions (museum licence(s) on Clifton Hill), Cottage Rentals, Lodging Houses (B&B’s), Motels, Pawn Brokers, Public Halls, Restaurants, Tattoo and Body Piercing Parlours, Theatres. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict of interest). 7.3. F-2021-15 2020 Sleep Cheap Event and WonderFalls Pass The report recommends for the information of council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive the report for information. Carried Unanimously 7.4. F-2021-25 Tax and Water Rebate Programs for People with Disabilities Page 6 of 26 Page 18 of 472 City Council April 20, 2021 The report recommends the following: 1. That, if Council wish to proceed with the rebate programs, Council select option 1, and specify with or without program stacking. 2. That, if Council wish to proceed with the rebate programs and recommendation 1 is not approved, Council select option 2 and specify with or without program stacking. 3. That, if Council do not wish to proceed with the rebate programs, this report is for the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council direct staff to implement the tax and water rebate programs for people with disabilities in the 2021 fiscal year, with no stacking provisions. The program will be funded by the tax levy and any year end water surplus as outlined in option 2 of the report. Carried Unanimously 7.5. F-2021-26 2021 Property Tax Penalty and Interest Rate The report recommends the following: 1. That Council approve the return of the property tax penalty and interest rate from 0.5% to 1.25% per month, effective July 1, 2021. 2. If council do not approve recommendation 1, wishing to continue at 0.5% lower rate, council approve a 2021 budget amendment to increase the property tax levy by $250,000 to cover decreased penalty and interest revenue. 3. That, at a future date, Staff submit a report to Council outlining a comprehensive reserve policy that consolidates reserve balances and aligns a reserve funding strategy with the long-term goals and objectives of the City. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council approve the continuance of the property tax penalty and interest rate at 0.5% per month until September 30, 2021 and staff incorporate the estimated revenue difference for this period into the tax levy. Staff will provide council with a budget variance Page 7 of 26 Page 19 of 472 City Council April 20, 2021 report in August 2021 to determine if Council wish to continue at 0.5% for the balance of 2021. Carried Unanimously 7.6. HR-2021-03 Ontario Living Wage Network Initiative The report recommends that City Council receive the following information on the Ontario Living Wage Network certification and the potential financial impact of becoming a “Living Wage Employer”. An analysis of some of the benefits and challenges of becoming a living wage employer are also included in this report. Councillor Carolynn Ioannoni requested a recorded vote. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that the City of Niagara Falls become a certified Living Wage Employer by December 31, 2024 and have staff report back with updates. Motion Defeated. (Councillors Ioannoni, Campbell and Lococo voted in favour. Councillors Dabrowski, Kerrio, Pietrangelo, Strange, Thomson and Mayor Diodati were opposed to the vote). ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that a motion to reconsider the city as a certified Living Wage employer be introduced to a lesser degree. Carried Unanimously (All Councillors voted in favour). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that the City of Niagara Falls pay a living wage as per the Ontario Living Wage Network, of at least $18.12 to full time and part time employees, excluding students, and that staff come back with a full report within 6 months time. Carried (Councillors Dabrowski and Kerrio were opposed and Councillors Campbell, Ioannoni, Lococo, Pietrangelo, Strange, Thomson and Mayor Diodati were all in favour). 7.7. HR-2021-04 City Council Training Page 8 of 26 Page 20 of 472 City Council April 20, 2021 Angela Peebles addressed Council to inform them of another option to consider as part of their Council training: the Workplace Restoration Program. The report recommends that City Council receive the following information and options for an in-camera training and education session on the City’s code of conduct and teambuilding. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council choose Option #3 within the staff report HR-2021-04, which involves a training session to include Mr. McDermott, the City's Integrity Commissioner, focusing on the Council Members' Code of Conduct, followed by a facilitated session on teambuilding, with no time limit allotted to the sessions; furthermore, that Council consider the Workplace Restoration program if deemed necessary. Carried Unanimously 7.8. MW-2021-26 (Correspondence from residents/business owners added) Queen Street – 2021 Promenade Proposal Councillor Lori Lococo left the meeting prior to the discussion. Joe Mrkalj, from Grand Central, was granted the link to participate,however, he did not speak to Council. The report recommends the following: 1. That Council receive for information the attached request from the Queen Street BIA requesting the following: a. the placement of eight (8) permanent road closure gates on Queen Street; b. periodic road closures on Queen Street for two (2) blocks: Valley Way to St. Lawrence Avenue, and St. Lawrence Avenue to Crysler Avenue; c. nightly closures on the affected blocks on weekdays between 5:00pm and midnight; and on weekends from Friday at 5:00pm until Sunday at midnight; Page 9 of 26 Page 21 of 472 City Council April 20, 2021 d. financial support in the amount of $6,500; and further; 2. That Council approve a pilot program in 2021 the installation of four (4) gates necessary to close a single block of Queen Street between St. Lawrence Avenue and Crysler Avenue, on the evenings and weekends requested by the Downtown BIA, starting in May 2021 and continuing to the end of December 2021; and further, 3. That Council approve 50% of the Downtown BIA funding request in the amount of $3,250 for costs associated with supply and installation of the gates at the St. Lawrence Avenue and Crysler Avenue intersections only; and further; 4. That Council direct Staff to report back to Council upon the completion of this pilot program with any findings, observations, comments, concerns, and recommendations in regards to the potential for future installations along the Queen Street corridor. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that the matter be deferred and to have staff come back with a report at the May 11, 2021 Council meeting with 3 or 4 options with how various road closures could possible work, including closing one side, both sides or no road closure. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 7.9. MW-2021-29 Block 92 Chippawa West Utility Easement The report recommends the following: 1. That Council approve Staff coordinating the required easements for Bell Canada and Niagara Peninsula Energy Inc. as outlined in the this report; and further, 1. That the Mayor and City Clerk be authorized to execute all necessary agreements in order to grant the easements. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Page 10 of 26 Page 22 of 472 City Council April 20, 2021 Carried Unanimously 7.10. PBD-2021-013 AM-2019-019, Exemption Request to 2-Year Waiting Period for a Minor Variance 6400 & 6420 Kalar Road Owner: 2670279 Ontario Inc. (Lise Danecker) The report recommends that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight’s agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow 2670279 Ontario Inc. to file an application to the City’s Committee of Adjustment for the proposed development. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict of interest). 7.11. PBD-2021-014 AM-2010-009 Zoning By-law Amendment Application Vacant Land on West Side of Montrose Road between McLeod Road and Charnwood Avenue Applicant: Gemini Corps. Agent: IBI Group Removal of Holding (H) Symbols The report recommends that Council pass the by-law appearing on tonight’s agenda to remove the holding (H) symbol and related regulations from the vacant land on the west side of Montrose Road between McLeod Road and Charnwood Avenue, which are currently zoned Residential Apartment 5C Density (R5C(H)-912), to permit the development of the property for residential purposes. Page 11 of 26 Page 23 of 472 City Council April 20, 2021 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 7.12. PBD-2021-16 SBA-2021-001 Amended Location of Electronic Sign Owner: Walker Industries Holdings Ltd Agent: Vann Media Advertising (Larry Vann) North side of Thorold Stone Road West of Garner Rd The report recommends that Council determine that the proposed changes to the by-law with respect to setback from another billboard is minor in nature and that no further notice is necessary and pass the resolution regarding this matter included in tonight’s agenda. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.13. PBD-2021-19 Municipal Service Centre Renovations 3200 Stanley Avenue The report recommends the following: 1. That Council award the tender for Project RFT12-2021, Municipal Service Centre Renovation, to Bromac Construction Inc. in the amount of $2,799,000.00 plus non-refundable HST; 2. That Council authorizes Staff to engage ARC Engineering Inc. in the amount of $175,000.00 plus non -refundable HST for Contract Administration for the duration of the Municipal Service Centre Renovation project; 3. That Council amends the previously approved Capital budget of $4,971,000, and approve the new proposed Capital Budget of $5,547,395 for the additional costs. 4. That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Page 12 of 26 Page 24 of 472 City Council April 20, 2021 Carried Unanimously 7.14. R&C-2021-05 (Letter from Tony Baldinelli added) Niagara Military Museum Lease and Consent to Subletting of Lease The report recommends the following: 1. That City Council approve the five year Lease Agreement for the use of the Armoury by the Niagara Military Museum; 2. That City Council also approve the Consent to Subletting of Lease; 3. That the Mayor and City Clerk be authorized to execute the Lease and Consent to Subletting of Lease. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council defer this matter and have staff come back with a report which includes an improved operating plan. 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-2021-23 Monthly Tax Receivables Report – March The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2021-24 Municipal Accounts Page 13 of 26 Page 25 of 472 City Council April 20, 2021 The report recommends that Council approve the municipal accounts totaling $51,891,976.85 for the period February 13, 2021 to March 30, 2021. F-2021-27 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. MW-2021-21 Assumption of Various Subdivisions The report recommends that City Council formally assume Oldfield Estates Phase 1 - Plan 59M-417, Oldfield Estates Phase 2 - Plan 59M-421, Fernwood Estates Phase 3 - Plan 59M-408, German Village - Plan 59M-411, Warren Woods Phase 3 Stage 1 & 2- Plan 59M-416, Warren Woods Phase 3 Stage 3- Plan 59M-420, Warren Woods Phase 4 Stage 1- Plan 59M-422 & Miller Road Estates North – Plan 59M-362. MW-2021-22 Tender Award Contract No. 2021-08: 2021 Surface Treatment The report recommends the following: 1. That Contract 2021-08 for 2021 Surface Treatment be awarded to the lowest bidder Norjohn Contracting and Paving Limited, in the amount of $487,888.00 plus applicable taxes; and further, 2. That Council approve a budgetary increase of $26,474.83 to the existing $470,000.00 amount approved in the 2021 Capital Budget, resulting in a total project budget of $496,474.83; and further, 3. That Council approve of the use of the Federal Gas Tax Reserve Fund in order to accommodate the requested budgetary increase; and further, 4. That the Mayor and City Clerk be authorized to execute the necessary contract documents. Page 14 of 26 Page 26 of 472 City Council April 20, 2021 MW-2021-23 Garner Road – Speed Limit Review The report recommends that the speed limit on Garner Road between Mountain Road and a point 1,450 metres north of Thorold Stone Road be reduced from 80 km/h to 60 km/h. MW-2021-24 Fingland Street & Forestview Boulevard Speed Control Follow-up Review The report recommends that the following report be received for the information of Council. MW-2021-25 Rapids View Drive Parking Control Review The report recommends that a No Parking At All Times Except by Permit, Tow Away Zone restriction be established on both sides of Rapids View Drive between Bukator Drive and the southern terminus of Rapids View Drive. MW-2021-27 Sixth Avenue between Morrison Street & Willmott Street Parking Review The report recommends that a “No Parking” restriction be established on the east side of Sixth Avenue between Morrison Street to Willmott Street. MW-2021-28 4500 Park Street Tender Award The report recommends the following: 1. That the contract be awarded to the lowest bidder Baiocco Construction Corp. at the corrected bid price of $733,800.87 plus applicable HST. Page 15 of 26 Page 27 of 472 City Council April 20, 2021 2. That the contract administration, inspection and environmental oversight during construction be direct appointed to Dragun Corporation in the amount of $191,600 plus applicable HST. 1. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2021-17 Development & Housing Monitoring Report, 2020 Year in Review The report recommends that Council adopt the Development & Housing Monitoring Report which reviews the status of development and growth management activity in the City for the year 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the reports are approved as recommended. Carried Unanimously 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Resolution - Town of Lincoln - Support for McNally House Hospice and End of Life Care The attached resolution from the Town of Lincoln Council is requesting support for the McNally House Hospice and End of Life Care. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 9.2. Open Letter to Ontario Recreation Facilities Association (ORFA) Members and Industry Employers On behalf of Cathy Seguin, President of the Ontario Recreation Facilities Association (ORFA), she requests Council to receive the following correspondence for awareness. RECOMMENDATION: For the Information of Council. Page 16 of 26 Page 28 of 472 City Council April 20, 2021 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously 9.3. Historic Drummondville BIA (Main & Ferry) 2021 Budget Attached is the Historic Drummondville BIA's (Main & Ferry) proposed 2021 budget. RECOMMENDATION: For Council's Approval. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approve the Historic Drummondville (Main & Ferry) 2021 Budget. Carried Unanimously 9.4. Thank you letter from Sleek Developments Inc - re: Millennium Towns Attached is a thank you letter for the City of Niagara Falls Council and staff to acknowledge the City's role in making the Millennium Towns project become a reality. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 9.5. Health Canada Canabis Consultation - Open for Comment until May 7, 2021 Health Canada has invited Canadians and Municipalities to share their perspectives on the factors that may be considered for refusal or revocation of a cannabis registration on public health and public safety grounds. Get your municipal comments in before closing on May 7 2021. RECOMMENDATION: For the Information of Council. Page 17 of 26 Page 29 of 472 City Council April 20, 2021 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 9.6. Tourist Exemption for Retail Holiday Openings The Regional Clerks Office is looking for the City to offer its comments on the current application for Lowe's Home Improvement, Niagara Falls location, to open on all holidays (except Christmas). RECOMMENDATION: That Council support the Tourist Exemption for Retail Holiday Openings request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council support the Tourist Exemption for Retail Holiday Openings request. Carried Unanimously 9.7. Regional Correspondence The following items have been sent from the Niagara Region for information. 1) 2021 Niagara Employment Inventory Status Update RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 9.8. Recognition of Doctor's Day - Request to turn City Hall Blue On May 1st, 2021 the Ontario Medical Association (OMA) is asking Ontarians to show their appreciation for doctors on the frontlines of the COVID-19 pandemic. As part of the campaign, the OMA is asking municipalities across Ontario to turn the colours shining on their City Page 18 of 26 Page 30 of 472 City Council April 20, 2021 Hall to blue. The CN Tower and Niagara Falls will also shine blue on May 1st. RECOMMENDATION: That Council approve the request to turn the colours on City Hall to blue on Saturday, May 1st. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council recognize "Doctor's Day" by approving the request to turn the colours on City Hall blue on Saturday, May 1st, 2021 and to encourage staff to wear blue on April 30th to show appreciation for doctors on the frontlines of the COVID-19 pandemic. Carried Unanimously 9.9. Monarch Ultra Run Across Ontario Inspires Pollinator Protection The attached informs us of the Monarch Ultra Relay Run, a 21-day running event across southern Ontario to raise awareness of monarch butterflies and as a call to action to protect the environment. The organization is also raising funds for Camp Kawartha, a non-profit organization committed to nature education and environmental stewardship. The Monarch Ultra 21 day Relay Run will be passing through Niagara Falls on September 23, 2021. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 9.10. Proclamation - April - BeADonor Month - Green Shirt Day April is a month dedicated to raising awareness and encouraging registration for organ and tissue donation in order to save more lives through transplant. Inspired by Logan Boulet, an organ donor and member of the Humboldt Broncos hockey team who died tragically, "National Green Shirt Day" celebrates organ and tissue donation across Canada. Jim Lowes, resident of Burlington, donated his kidney to a complete stranger on January 20, 2021 and is requesting that the City of Niagara Falls proclaim April 7th, 2021 as "National Green Shirt Day," to help promote organ donations. Page 19 of 26 Page 31 of 472 City Council April 20, 2021 RECOMMENDATION: For the City of Niagara Falls to proclaim April 7, 2021 as "National Green Shirt Day" to help promote organ donations and to proclaim the month of April as BeADonar Month. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council proclaim April 7, 2021 as "National Green Shirt Day" in the City of Niagara Falls to help promote organ donations and to proclaim the month of April as "BeADonor Month." Carried Unanimously 9.11. Proclamation Request - Medical Laboratory Week COVID-19 has made this a difficult year for all Ontarians. Laboratories have gone above and beyond processing over 12M Covid-19 tests through this challenging time. They are also key to the economic recovery of our communities. This request is to have the City of Niagara Falls celebrate the great work of these hidden heroes by recognizing that April 11-17 is Medical Laboratory Week in Ontario and across the country. RECOMMENDATION: That the City of Niagara Falls celebrate the great work of these hidden heroes by recognizing that April 11-17 is "Medical Laboratory Week" in Ontario and across the country. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council proclaim April 11-17, 2021 as "Medical Laboratory Week" in Ontario and across the country by having the City of Niagara Falls celebrate the great work of these hidden heroes. Carried Unanimously 9.12. Proclamation Request - Hidradenitis Suppurativa Awareness Week The Canadian Skin Patient Alliance (CSPA), HS Heros, and the Hidradenitis & Me Support Group, respectfully request June 7-13, 2021 to be proclaimed/recognized as Hidradenitis Suppurativa Awareness Week in Niagara Falls, Ontario. RECOMMENDATION: That the City of Niagara Falls proclaim the week of June 7-13, 2021 as Hidradenitis Suppurativa Awareness Week. Page 20 of 26 Page 32 of 472 City Council April 20, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls proclaim the week of June 7-13, 2021 as "Hidradenitis Suppurativa Awareness Week." Carried Unanimously 9.13. Proclamation Request - National Public Works Week Attached is a request for Council to consider proclaiming the week of May 16-21, 2021 as "National Public Works Week." The theme this year is "Stronger Together." RECOMMENDATION: That Council approve the request to proclaim the week of May 16-21, 2021 as "National Public Works Week." ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council approve the request to proclaim the week of May 16-21, 2021 as "National Public Works Week." Carried Unanimously 9.14. Proclamation/Greeting Letter Request/Flag-Raising Request for 29th Falun Dafa Day Anniversary The attached letter is a request for the City of Niagara Falls to proclaim May 13, 2021 as "Falun Dafa Day" and to provide a greeting letter in recognition of Falun DafaDay for this year. In addition, there is a request for a flag-raising ceremony in May. This is an annual celebrationof 29 years spreading of Falun Dafa to the public, the contributions of the Falun Dafa community in Canada and to honor the values of Truthfulness, Compassion, and Forbearance. RECOMMENDATION: That the City of Niagara Falls proclaim May 13, 2021 as "Falun Dafa Day", to provide a greeting letter in recognition of Falun Dafa Day and to arrange for a flag-raising ceremony in May. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls proclaim May 13, 2021 as "Falun Dafa Day" by providing a greeting letter in recognition of Falun Dafa Day and to arrange for a flag -raising ceremony in May. Page 21 of 26 Page 33 of 472 City Council April 20, 2021 Carried Unanimously 9.15. Proclamation Request - Limb Loss and Limb Difference Awareness Month The attached proclamation request is to ask the City of Niagara Falls to declare the month of April as Limb Difference Awareness Month in Niagara Falls. RECOMMENDATION: That the City of Niagara Falls declare the month of April as "Limb Difference Awareness Month" in Niagara Falls. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls declare the month of April as "Limb Difference Awareness Month" in Niagara Falls. Carried Unanimously 9.16. Park in the City Committee - Motion regarding additional signage on trails Motion brought forth from the Park in the City Committee to endorses the installation of signage throughout City trails and parks and other utilization of educational components to make the public aware of the dangers that ticks present to the public in terms of Lime disease. Additionally, that Staff look into options for safe treatments that can be used to minimize exposure. RECOMMENDATION: To Refer the Matter to Staff. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council refer the matter to staff with direction to have staff come back with a report to include ideas around signage that promotes awareness and education, perhaps using QR codes on the signage, and to also include effective ways to treat areas to prevent ticks. Carried Unanimously 9.17. Correspondence from Kenneth Westhuis (re: Niagara Grandview Manor Rezoning Application) Attached is correspondence from Kenneth Westhuis regarding Niagara Grandview Manor's rezoning application. Page 22 of 26 Page 34 of 472 City Council April 20, 2021 RECOMMENDATION: To Refer the Matter to Staff. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Lori Lococo that any new application for rezoning come to Council by June 1, 2021 and if a new application is not submitted by that date that Council revisit the latest rezoning application. Carried (Councillor Wayne Campbell was opposed to the vote). ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Campbell that staff continue to investigate and track any bylaw violations. Carried Unanimously 9.18. Downtown BIA – Community Improvement Plan (CIP) Funding RECOMMENDATION: To Refer the Matter to Staff. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Carolynn Ioannoni that the matter be referred to staff. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 9.19. Correspondence from Jim Bechkos - a concerned citizen Attached is an email from Jim Bechkos expressing his concerns regarding the location of a cannabis store. RECOMMENDATION: To Refer the Matter to Staff. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the matter be referred to staff. Carried Unanimously 10. RESOLUTIONS 10.1. Resolution - AM-2019-019 Page 23 of 26 Page 35 of 472 City Council April 20, 2021 That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2-year waiting period for minor variances and thereby allows 2670279 Ontario Inc. to file an application to the City’s Committee of Adjustment for the development of the their Plan of Vacant Land Condominium that is regulated by By-law No. 2020-57. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the resolution be approved. Carried Unanimously (Council Victor Pietrangelo declared a conflict of interest). 10.2. Resolution - SBA-2021-001 That Council determines that the change to the proposed sign by-law for SBA-2021-001 is minor and does not require further notice. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the resolution be approved. Carried Unanimously 11. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council deny the offer to purchase 4500 Park Street (Municipal Parking Lot #10 - Former Market) and the unopened road allowance between Beachwood Road and Thorold Townline Road and Upper's Lane; furthermore, that Council give direction to staff to begin discussions with the Library Board Chair, the Chief Librarian and the City's CAO on a new memoranda of understanding (MOU) to outline services and supports that the municipality agrees to provide to the public library board. Carried Unanimously 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. Page 24 of 26 Page 36 of 472 City Council April 20, 2021 2021- 44 - 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- 45 - A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2021. 2021- 46 - A by-law to appoint Jason Burgess as the Chief Administrative Officer (CAO) for the City of Niagara Falls. 2021- 47 - A by -law to appoint the Fire Chief for the City of Niagara Falls. 2021- 48 - A by-law to amend By-law No. 2010-132, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands on the west side of Montrose Road between Charnwood Avenue and McLeod Road, to permit them to be developed (AM-2010-009). 2021- 49 - A by-law to amend By-law No. 2021-24, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devises on public and private property within the City of Niagara Falls. (SBA-2021-001). 2021- 50 - A by-law to amend By-law No. 2019-44, being a by-law to require owners and operators of off-street parking facilities to provide designated parking spaces reserved for the sole use of vehicles operated by or carrying persons with disabilities, and to amend By-law 2014-65, being a By-law to establish a System of Administrative Penalties respecting the stopping, standing or parking of vehicles in the City of Niagara Falls. 2021- 51 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20th day of April, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the by-laws be read a first, second and third time and passed. Page 25 of 26 Page 37 of 472 City Council April 20, 2021 Carried Unanimously 13. NEW BUSINESS a) Overnight Parking By-law ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that the matter be referred to staff with the hopes of changing the overnight parking by-law to address the complications surrounding the on-street parking permits Carried Unanimously b) Downtown Parking Review ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that staff investigate parking options in an effort to find additional parking in the downtown area. Carried Unanimously 14. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that the meeting be adjourned at 8:36 pm. Carried Unanimously Mayor City Clerk Page 26 of 26 Page 38 of 472 CAO-2021-02 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2021-02 Niagara District Airport RFP RECOMMENDATION 1. Council endorse, in principle, seeking an interested private-sector partner to engage in a long-term lease for the operation and management of the Niagara District Airport, with the Town of Niagara-on-the-Lake maintaining control of the ownership of the land; and 2. Council endorse the issuance of a Request for Proposal for the operation of the Niagara District Airport as detailed in this report, and direct the Chief Administrative Officer (CAO) to continue to work with the CAOs for the City of Niagara-on-the-Lake and City of St. Catharines, the Chief Executive Officer for the Niagara District Airport (NDA) and representatives of the Airport Liaison Committee (ALC) on the Request for Proposal process. EXECUTIVE SUMMARY The purpose of this report is to seek the endorsement of Council regarding the issuance of a Request for Proposal (RFP) for the operation and management of the Niagara District Airport. The RFP process will be conducted by the Niagara District Airport Commission in conjunction with the Town of Niagara-on-the-Lake, City of Niagara Falls and City of St. Catharines. The Town of Niagara-on-the-Lake would maintain control of the ownership of the land. BACKGROUND The Niagara District Airport (NDA) is governed by the Niagara District Airport Commission (NDAC), a joint municipal services board under the Municipal Act. The joint services board was originally established in 1964 and continues to this day with three of the founding partners: City of Niagara Falls, City of St. Catharines, and Town of Niagara-on-the-Lake. Page 39 of 472 2 CAO-2021-02 May 11, 2021 The land which the airport occupies is owned by the Town of Niagara-on-the-Lake, having been transferred by the Federal government to the Town in 1996, provided that the Town continues to operate the said premises as an airport. The assets which are on the land (buildings, equipment, airside infrastructure, etc.) are owned proportionately by the three municipalities. Annually, the three owners provide operating and capital funds for the operations of the Airport through their annual budgeting process. The owners entered into an agreement to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada, signed in 2006 with a term expiring on the 31st day of December 2026. The following presents a timeline of events: On June 25, 2015, Council approved a motion supporting the dissolution of the municipal service board operating the Niagara District Airport Commission in favour of exploring a joint partnership that would see the Region of Niagara overseeing operations. Staff were directed to work with municipal counterparts and the Region to draft agreements to implement the proposed changes. Furthermore, Regional Council directed Regional staff to work with the municipalities involved in NDA operations. Niagara Falls and St. Catharines passed similar motions. In July 2016, the Regional Transportation Committee received a report from Regional staff regarding the transfer of the Airport recommending support, in principle, of adopting sole-responsibility for the operation and governance of the NDA and the Niagara Central Dorothy Rungeling Airport (NCDRA) and that a transition plan be developed with the NDA, including budget and governance. On September 22, 2016, Niagara Regional Council approved the above -noted recommendations subject to the completion of a Phase 2 Environmental Site Assessment (ESA) on each airport. On April 3, 2017, the Airport Liaison Committee, composed of the Niagara District Airport Commission Chair and Chief Executive Officer (CEO), and Mayors and Chief Administrative Officers (CAOs) of the three municipalities, met to discuss the status of the transfer of the Niagara District Airport to the Region or disposition of the Airport. As a result, four options were put forward for consideration by Council as follows: Option 1: Transfer to Region of Niagara This option would see the assets and operations of the Niagara District Airport completely transferred to the Region of Niagara by the owners/operators. The Town of Niagara-on-the-Lake would still control ownership of the land. The Region would have sole responsibility for funding and governance of the Airport. Page 40 of 472 3 CAO-2021-02 May 11, 2021 Option 2: Partnership with the Region of Niagara This option would involve a four-way partnership between the Region, Niagara Falls, Niagara-on-the-Lake, and St. Catharines. A new governance and operating model would have to be developed outlining the proportionate shares and responsibilities. The Town of Niagara-on-the-Lake would still control ownership of the land. Option 3: Partnership with Private Sector This option would see the current owners seek private sector parties who would invest in the Airport and provide necessary capital funds to undertake improvements to the airport infrastructure. A new operating and governance model would need to be developed; however, the owners would still be involved in the governance and operation of the Airport. The Town of Niagara-on-the-Lake would still control ownership of the land. Option 4: Sale of the Airport to Private Sector This option would see the owners completely divest themselves of the Airport through a sale of the assets to the private sector. The private sector would have sole responsibility for the funding and governance of the Airport. In late 2017, an Expression of Interest (EOI) document was released to the general public, requesting official submissions of interest in operating the facility. This EOI did not generate viable opportunities. In July 10, 2018, Council approved Option 2 and directed Staff to proceed with negotiations with the Region of Niagara to develop a new governance model for the Niagara District Airport. Subsequently, a committee composed of area CAOs further engaged in negotiations with the Region of Niagara. In May 2019, Regional Council was further updated on the project, and made a motion to move forward with a Terms of Transfer of ownership to the Region and a full cost assessment that could be considered by Council. The Terms of Transfer Agreement proposing a sole ownership model was finalized and approved by the Region of Niagara in September 2019, pending completion of additional due diligence. In December 2019, the Region brought forward a memo indicating that all due diligence surrounding the Terms of Transfer, including the creation of a Master Plan and preferred governance model, would be completed by approximately summer 2020 to align with the proposed January 1, 2021, transfer of ownership date. Ultimately, Regional Council chose to defer the Terms of Transfer and pursue additional due diligence related to master plans and the governance structure. A report detailing a business case concerning growth opportunities of the NDA and NCDRA was to be presented to a Regional Council Committee of the Whole (COTW) meeting on February 27, 2020. Due to scheduling issues, the presentation Page 41 of 472 4 CAO-2021-02 May 11, 2021 was shifted to an April 2020 COTW meeting. Given the exigent circumstances related to the COVID-19 pandemic in April of 2020, that COTW meeting was cancelled. On October 6, 2020, an unsolicited proposal to operate the Niagara District Airport was received. Following this, on October 20, 2020, the Airport Liaison Committee met to discuss the future of the Niagara District Airport, including the 2021 budget, COVID-19 impacts, and development opportunities at the airport. At that meeting, the ALC directed Niagara District Airport staff to obtain a legal opinion regarding the potential for direct negotiations with the Proponent of the unsolicited bid. On December 7, 2020, the opinion was provided. It identified that the NDAC does not appear to have strict procurement obligations that would prohibit NDAC from pursuing the Proposed Transaction through direct contract negotiations. However, proceeding in this manner in the absence of an open and transparent public process would not align with widely recognized good governance standards in government contracting. On December 11, 2020, the Airport Liaison Committee directed Niagara District Airport Staff to engage in the creation of a Request for Proposal for operations of the NDA. DISCUSSION/ ANALYIS Infrastructure is critical to the competitiveness of the regional economy, the quality of life citizens enjoy and the delivery of public services. The municipalities are committed to ensuring that investments in infrastructure maximize benefits, reduce risks and provide satisfactory levels of service to the public. While the 2018 direction from Council was for staff to seek partnership with the Region of Niagara as the preferred option, changing conditions and further discussion and evaluation has led the Airport Liaison Committee to recommend that the municipalities partner with a private-sector party to operate the NDA. Therefore, the Niagara District Airport Commission, in collaboration with the Town of Niagara-on-the-Lake, City of Niagara Falls and City of St. Catharines (the "municipal partners"), has been exploring the opportunity to seek a private partner for the long-term operation and management of the Airport. Through the partnership, the NDAC would seek to improve the competitiveness and efficiency of the Airport, while maintaining public safety, security, financial obligations, and offering the best possible service to the communities served by the NDAC. The private partner would assume the assets of the Airport and current NDAC employee contracts; however, ownership of the land would remain with the Town of Niagara-on-the-Lake. The partner would be a lessee of the land, signing a long-term lease for the land, the duration of which would be established through the RFP process. Page 42 of 472 5 CAO-2021-02 May 11, 2021 The Airport Liaison Committee directed Niagara District Airport Staff to engage in the creation of a Request for Proposal (RFP) for Operations of the NDA. Upon endorsement by the municipal partners, the NDAC will issue an invitation to prospective proponents to submit proposals. Timeline The following table illustrates the approximate milestone dates anticipated for the RFP schedule: Issue of RFP May, 2021 Mandatory Site Visit Scheduled During Week of May 17th Deadline for Executive of Pre-Bid Non- disclosure Agreement (the “NDA”) (See Appendix XX) May 21, 2021 Deadline for Questions May 26, 2021 11:59:59 PM Local Time Deadline for Issuing Addenda June 4, 2021 11:59:59 PM Local Time Submission Deadline June 18, 2021 12:00:00 PM Local Time Reflection Period Three (3) business days Anticipated Initial Ranking Commencement of Concurrent Negotiations July 12, 2021 Anticipated Deadline for Submission of Best and Final Offers (“BAFO”) August 13, 2021 Anticipated Final Ranking August 27, 2021 Contract Negotiation Period Thirty (30) calendar days Anticipated Execution of Agreement September 2021 Page 43 of 472 6 CAO-2021-02 May 11, 2021 Term of the Agreement The term of the agreement would be for a minimum period of twenty (20) years. The ultimate term of the agreement will be determined through the RFP process and finalized through negotiations with the selected proponent during the Contract Negotiation Period. Evaluation Criteria The following have been identified as the relevant evaluation criteria: i. Organizational Experience ii. Resources, Capacity and Governance Model iii. Business Plan iv. Financial Offer Performance Measures Performance measures which the proponents would be responsible to meet will be included in the RFP documents. These would include financial targets, capital investments, growth of movements, engagement with local business, economic and tourism partners, etc. Clear outcomes should those accountabilities not be met will also be set out in the RFP. Market Scan PortsToronto, owner and operator of Billy Bishop Toronto City Airport, recently released a Request for Interest (RFI) as part of a preliminary step toward identifying a financial investor for the airport. The RFI closes on May 14, 2021, and the process seeks to identify a financial investor that would be interested in operating the airport under lease in order to reduce PortsToronto's overall debt position, restore and enhance liquidity, enable ongoing and future infrastructure investment, and support their existing Master Plan. This may potentially lead to the issuance of an RFP by PortsToronto later this year. Given the potential for investors of similar interest, their timeline is of interest as it relates to the issuance of the Niagara District Airport RFP. Next Steps As the RFP progresses, Council will be provided with updates on the status. A new agreement would eventually require the consent of all three municipalities. Page 44 of 472 7 CAO-2021-02 May 11, 2021 FINANCIAL IMPLICATIONS The airport is currently running at an annual deficit of approximately $350,000 and requires capital expenditures in excess of $10,000,000 to support its vision, mission and goals. For 2021, the Town of Niagara-on-the-Lake, City of Niagara Falls and City of St. Catharines contribute a total of approximately $57,000, $290,000 and $436,000 respectively. The municipal partners are seeking to remove their operational and capital financial responsibilities to the NDA. A partnership with a private -sector party could allow the Airport to operate in a position of financial self-sufficiency. Infrastructure is critical to the regional economy. The Niagara District Airport wishes to remove access as a barrier to growth in the Niagara Region. The Niagara Region is currently one of the most under-served travel destinations by airport access in the country. Exploring the opportunity for a private-sector investor may contribute to the Town’s economic security and competitive ability and ensure the airport's long-term viability. Some benefits could include growth in business and tourism in the Niagara Region, and the creation of new well-paying and stable employment opportunities. The last year has had a profound impact on many businesses and has necessitated innovative approaches to overcome the challenges at present and in future. Undertaking an RFP process will provide options for NDA to secure a private-sector partner that will help enable the Airport to come out of the COVID-19 crisis in a stronger position. Respectfully submitted: Ken Todd, Chief Administrative Officer Page 45 of 472 F-2021-28 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-28 Delegation of Authority under the Municipal Act, 2001 s.357 (1) (d.1) for a Tax Relief Application for Sickness or Extreme Poverty to the Assessment Review Board of Ontario RECOMMENDATION 1. That Council delegates the authority to the Assessment Review Board with respect to applications made under Municipal Act, 2001 section 357(1)(d.1) for tax relief for Sickness or Extreme Poverty. 2. That the by-law delegating this authority be approved. 3. That a certified copy of the by-law be forwarded to the Registrar of the Assessment Review Board. EXECUTIVE SUMMARY Section 357 (1)(d.1) of the Municipal Act, 2001 allows a municipality, through Council authority, to cancel, reduce or refund property taxes due to sickness or extreme poverty. These types of applications are not administrative in nature and would require the applicant to disclose significant personal health and/or financial information. Currently staff do not have an established decision-making framework for such claims and the Municipal Act does not provide criteria as to what constitutes “sickness” and “extreme poverty” nor does the Act establish any evidentiary requirements to successfully support such claims. Without framework and guidance, Staff cannot provide an appropriate recommendation to Council on such matters. Staff is recommending Council delegate this authority to the Assessment Review Board (ARB). The ARB is an independent adjudicative tribunal, authorized and trained to hear Municipal Act appeals such as these. BACKGROUND At the present time, Staff have not received any applications of this type and would like to delegate this authority proactively to be prepared for future claims. With the ongoing COVID-19 pandemic and significant financial hardship for many, staff would like to have an established bylaw as a framework to handle future claims. Page 46 of 472 2 F-2021-28 May 11, 2021 ANALYSIS/RATIONALE Section 357 (1)(d.1) of the Municipal Act, 2001 allows a municipality, through Council authority, to cancel, reduce or refund property taxes due to sickness or extreme poverty. These types of applications are not administrative in nature as the tax reduction is not based on a prescribed MPAC reassessment but rather the determination of a taxpayers’ ability to pay tax due to their health or financial plight. This will require the applicant to disclose significant personal health and/or financial information to be scrutinized and evaluated against criteria defining sickness and extreme poverty. Subsection 357(11), provides Council with the ability to delegate this authority to the ARB. Currently staff does not have a decision-making framework or guiding principles as to what constitutes “sickness” or “extreme poverty” and is not equipped to evaluate this type of detailed information in a fair and consistent manner in order to provide the appropriate recommendation to Council. Staff is recommending Council delegate this authority to the Assessment Review Board (ARB) as they have many years of experience processing these types of applications. The ARB is an independent adjudicative tribunal, authorized and trained to hear Municipal Act appeals such as these. Members hear appeals and make decisions based on the law and the evidence presented at the hearing. Decisions by the ARB are final and binding, subject only to appeal to Divisional Court on questions of the law when the Court grants leave to appeal. A by-law delegating authority to the Assessment Review Board to make decisions regarding tax cancellations, reductions or refunds based on sickness or extreme poverty allows for applicants to make an application directly to the ARB. The ARB has experience as a hearing body so applicants can expect: A consistent approach by an independent body that has experience with this particular type of appeal A set of strict evidentiary standards, including the administration of oaths Effective guidelines for confidentiality of personal information Formal rules for proceedings to be applied in accordance with legislation related to the ARB Information from the Assessment Review Board regarding tax relief due to sickness or extreme poverty is attached to this report in Attachment 1. Staff have researched and found that this is standard practice by many municipalities throughout the Province having delegated such 357 applications. Municipalities such as City of Toronto, City of Mississauga, City of Hamilton, Town of Newmarket, City of Barrie and within the Niagara Region, West Lincoln, have adopted such by-laws. Page 47 of 472 3 F-2021-28 May 11, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There is no direct budget impact with this recommendation as 357 applications are already included in the municipal operating budget annually as part of the tax write offs. It is also important to note there are no fees to the applicant associated with applications under subsection 357 (1)(d.1) to the Assessment Review Board. CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS Attachment 1: Assessment Review Board Sickness or Extreme Poverty Information Sheet Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Ferguson Page 48 of 472 ARB Information Sheet Page 1 of 3 Tax Relief Due to Sickness of Extreme Poverty What is a sickness or extreme poverty appeal? Both the Municipal Act, 2001 and the City of Toronto Act, 2006 permit municipalities to cancel, reduce or refund all of part of taxes if you are unable to pay your taxes because of sickness or extreme poverty. If you believe you are entitled to tax relief for a particular tax year, you must apply before February 28 of next year. Applications are made to the municipality, unless the municipality has passed a by-law that gives the power to grant this tax relief to the Assessment Review Board (ARB). How do I file this appeal? If you are unable to pay your taxes because of sickness or extreme poverty you should contact your municipality for information on how to apply for tax relief. They will let you know the process to follow. In some cases you will have to apply to the municipality and then, if you are not satisfied with the outcome, you can appeal to the ARB. In other cases you may be able to apply directly to the ARB. In either case the deadline for applying for tax relief for each tax year is February 28 of the following year. For example, if you are seeking tax relief from your 2016 taxes, you would need to file your application on or before February 28, 2017. File your appeal using the Sickness or Extreme Poverty Appeal Form, available here. After filling out the correct form, send it to the ARB before the deadline, there is no filing fee for Sickness or Extreme Poverty Appeals. Send your appeal: By fax: 416-314-3717 or 1-877-849-2066, or By mail: 655 Bay Street, 15th Floor, Toronto ON, M5G 1E5, or In person: 655 Bay Street, 15th Floor, Toronto (on Bay, north of Dundas) You will be mailed a letter letting you know that the ARB has received your appeal and that a hearing will be scheduled. You will also be provided with a date to start working on your appeal, which will be heard by summary proceeding. For more information, see the General and Summary Proceedings information sheet, available here. How do I prepare for my hearing? To prepare for your hearing, bring two photocopies of all documents you plan on presenting as evidence. Your evidence should: Tribunals Ontario Assessment Review Board Sickness or Extreme Poverty Appeal Page 49 of 472 ARB Information Sheet Page 2 of 3 • relate to the tax year of your appeal, and • relate to all adults living with you. Some examples of the kinds of evidence you should bring to prove your claim include: • income statements from any source, including an employer, long term disability, spouses income, income from a tenant, or any other source, • personal income tax assessments from the Canada Revenue Agency, • documentation related to the Ontario Disability Support Program, • personal bank statements for all of your bank accounts, • a listing of all your assets and their value, including the value of the property, any other properties, vehicles, investments, RRSP’s, Canada Savings Bonds, and any other assets, • copies of monthly bills, and a detailed list of expenses, including items such as medications, medical supplies, transportation, loan payments, mortgage payments, gro ceries, personal expenses, child care, housing, life insurance, and any other expenses , • supporting documents from doctors or other medical professionals for any medical care, • supporting documents to show that you were unable to work because of sickness , such as documents from the Workplace Safety and Insurance Board, and • any other evidence that you feel will support your position. Under the ARB’s Rules of Practice and Procedure, you are required to disclose to the municipality all documents in your possession, control or power, that are relevant to the matters raised in your appeal, even if you do not intend to rely on a particular document at the hearing. Note: Send one copy of all your evidence to the municipality before your hearing date. Contact the Revenue or Tax Department of your municipality to find out their mailing address. Where will my hearing take place? You will be sent a letter in the mail with the date, time and location of your hearing. The hearing will be held in the municipality you live in or as close to the municipality as possible. Can anyone watch my hearing? No. Appeals that deal with sickness or extreme poverty are private. These hearings only involve the person who filed the appeal, the municipality, and the ARB. What if I am going to be late to my hearing? Please call the ARB as soon as you realize you may be late. Call toll-free 1-866-448-2248 or (416) 212-6349 and ask to speak to a Case Coordinator. Make sure you have your hearing notice with you when you call, so you can provide the information needed to direct you to the right person. Page 50 of 472 ARB Information Sheet Page 3 of 3 Will the hearing venue be accessible? ARB hearings are held in municipal sites throughout Ontario. The ARB’s offices are accessible and the Accessibility Standards for Customer Service applies to municipalities. The ARB strives to schedule hearings at accessible facilities. If you have any questions about accessibility, please call the ARB and ask to speak to the Accessibility Coordinator. What if I need an interpreter? Most hearings are held in English. The ARB can hold hearings in French or have a sign language interpreter at your hearing if you request it at least 25 days before your hearing date. If you would like to bring someone to your hearing to interpret for you in any other language, you may bring them with you for that purpose. Where can I find more information? For more information please refer to the ARB's Rules of Practice and Procedure which can be found on our website or by calling us at (416) 212-6349 or toll free 1-866-448-2248. We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible at (416) 212-6349 or 1-866-448-2248. Please Note The information contained in this sheet is not intended as a substitute for legal or other advice, and in providing this information, the ARB assumes no responsibility for any errors or omissions and shall not be liable for any reliance placed on the information in this sheet. Additional information, including the ARB’s Rules of Practice and Procedure, is available at www.arb.gov.on.ca, or by calling (416) 212-6349 or toll free 1-866-448-2248. Tribunals Ontario is comprised of 14 tribunals focused on dispute resolution in the social, property assessment, safety and licensing sectors. The Assessment Review Board hears appeals from persons who believe there is an error in the assessed value or classification of a property and also deals with some types of property tax appeals under the Municipal Act and City of Toronto Act. For more information contact us at: Tribunals Ontario – Assessment Review Board 655 Bay Street, Suite 1500, Toronto, ON M5G 1E5 Telephone: (416) 212-6349 or toll free: 1-866-448-2248 Website: www.arb.gov.on.ca ISBN 978-1-4435-3458-1/ © Queen’s printer for Ontario, 2017 Disponible en français: Voici que vous devez savoir au sujet d’appel pour cause de maladie ou pauvreté extrême Page 51 of 472 MW-2021-31 May 11, 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-2021-31 Brown Road – Bicycle Lane RECOMMENDATIONS 1. That a westbound bicycle lane be designated on the north side of Brown Road between a point 50 metres east of Kalar Road and a point 35 metres east of Hackberry Trail; and, 2. That a No Parking restriction be established on both sides of Brown Road between a point 53 metres east of Kalar Road and a point 40 metres west of Shadbush Lane. EXECUTIVE SUMMARY The City is currently urbanizing and widening the north side of Brown Road, between the Warren Woods development and Kalar Road, in part to establish a connective bike lane. The addition of the bike lane also entails establishing a parking restriction on both sides where the road is being improved. BACKGROUND Brown Road is a two-lane, two-way arterial road. The legal speed limit of Brown Road is 60 km/h. The north side of Brown Road between Montrose Road and Kalar Road and next to the Warren Woods subdivision is urbanized with a curb and gutter, grass boulevard and concrete sidewalk. This work was done in conjunction with the subdivision development. The westbound lane was constructed to be wide enough for a future bike lane. The City is currently urbanizing the north side of Brown Road, between the Warren Woods development and Kalar Road. The work entails extending the curb and gutter, boulevard and concrete sidewalk. The sidewalk will complete the last missing link to enable connective off-road pedestrian system for the neighbourhood. The westbound travel lane Page 52 of 472 2 MW-2021-31 May 11, 2021 on Brown Road will match the already constructed section to the east, to allow for a continuous on-road bike lane to be provided. Parking is currently prohibited on both sides of Brown Road between a point 40 metres west of Shadbush Lane and a point 40 metres east of Hackberry Trail, with No Stopping restrictions present on both sides between Kalar Road and a point 53 metres east. ANALYSIS/RATIONALE A painted and signed bike lane will be established in the westbound direction between Hackberry Trail and Kalar Road. When cyclists reach Kalar Road, they can continue straight on Brown Road along the existing bike lanes to west of Chestnut Crescent (at the western end of the subdivision), or they can turn right onto Kalar Road which has a continuous bike lane to Lundy’s Lane. An eastbound bike lane through this corridor will be established when the south side of Brown Road is widened. Cyclists at this time would be required to share the road with vehicular traffic. Given the proposed bike lane for westbound traff ic, Share the road signs will be posted for eastbound traffic to give notice to road users. The proposed bicycle lane would also require that parking be prohibited on Brown Road to prevent persons from parking their vehicle within the designated bicycle lane. A parking restriction is recommended on both sides of Brown Road between a point 53 metres east of Kalar Road and a point 40 metres west of Shadbush Lane. There are no residences or businesses with direct frontage along the proposed parking prohibite d zone. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The painting of the bicycle lanes and bicycle symbols is estimated to cost approximately $1,000 and will be carried out by the City’s pavement marking contractor. The installation of the signs is to be carried out by Municipal Works - Transportation Services staff. It is estimated that the cost to install the signs is approximately $1,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Page 53 of 472 3 MW-2021-31 May 11, 2021 LIST OF ATTACHMENTS Study Area Drawing Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 54 of 472 MW-2021-31 Brown Road Bicycle Lane Proposed Bicycle Lane Existing No Parking Restriction Existing Bicycle Lane Proposed No Parking Restriction Existing No Stopping RestrictionPage 55 of 472 MW-2021-32 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-32 Queen Street – 2021 Promenade Proposal - Update RECOMMENDATION 1) That Council receive for information the two attached requests from the Queen Street BIA (dated March 23, 2021 and April 27, 2021) requesting the following: a. the placement of eight (8) permanent road closure gates on Queen Street; b. road closures on Queen Street for two (2) blocks: Valley Way to St. Lawrence Avenue, and St. Lawrence Avenue to Crysler Avenue; c. updated road closures request on the affected blocks only during event times; d. financial support in the amount of $6,500; and further; 2) As recommended in MW-2021-26 that Council approve a pilot program in 2021 for the installation of four (4) gates necessary to close a single block of Queen Street between St. Lawrence Avenue and Crysler Avenue; 3) That road closures only be permitted on weekends, after 5:00PM on weekdays, and only during event times when a Special Events/Road Use Permit has been obtained, starting in May 2021 and continuing to the end of December 2021; and further, 4) That Council approve 50% of the Downtown BIA funding request in the amount of $3,250 for costs associated with supply and installation of the gates at the St. Lawrence Avenue and Crysler Avenue intersections only; and further; 5) That Council direct Staff to report back to Council upon the completion of this pilot program with any findings, observations, comments, concerns, and recommendations in regards to the potential for future installations along the Queen Street corridor. Page 56 of 472 2 MW-2021-32 May 11, 2021 EXECUTIVE SUMMARY Staff were requested by Council to review alternatives along Queen Street to allow for the creation of a pedestrian promenade while taking into consideration the concerns raised by area residents and merchants. Staff facilitated a meeting with the Downtown BIA Chairman, Vice-Chairman and Executive Director following the April 20, 2021 Council meeting. As a result, five alternatives were developed and reviewed, and a modification of the original request is the preferred solution from an implementation, traffic safety, and emergency access perspective; while lessening the impacts on area residents and merchants. The recommended alternative will allow for the installation of the requested permanent metal gates to be installed within a reduced one block area (between St. Lawrence Avenue and Crysler Avenue). The frequency/duration of road closures will be reduced and only permitted during event times after 5:00PM on weekdays, when a Special Events/Road Use Permit has been obtained. Staff are recommending this alternative as it satisfies the intentions/request of the Downtown BIA, while lessening the impacts on area residents and merchants. In future years, as the COVID-19 protocols are reduced, the Downtown BIA can consider adding additional road closure nights, following consultation and approval from the Downtown BIA Board and its membership, consultation with City Staff, and having obtained a Special Events/road Use Permit from the City. Should Council approve of this initiative and pilot program for 2021, Staff will carefully monitor the initiative and obtain further stakeholder feedback in order to report back to Council on the results and any potential expansion of this initiative elsewhere in the Downtown BIA. BACKGROUND At its meeting held on Tuesday, April 20, 2021, Council passed a motion to defer MW- 2021-26 (Attachment #3) regarding the Downtown BIA’s request to install permanent metal gates to facilitate the daily closure of Queen Street between St. Lawrence Avenue and Crysler Avenue. The closures were anticipated to commence in May 2021 and continuing to the end of December 2021. Furthermore, Council requested Staff review alternatives and undertake additional consultation with the Downtown BIA to address the concerns brought forward by the area residents and merchants on Queen Street. Attachment #2 includes a copy of all the comments received for MW-2021-26. Page 57 of 472 3 MW-2021-32 May 11, 2021 ANALYSIS/RATIONALE Consultation Staff facilitated a meeting with the Downtown BIA Chairman, Vice-Chairman and Executive Director following the April 20, 2021 Council meeting. The purpose of this meetings was to: 1) Review the comments and concerns brought forward by area residents and merchants; 2) Obtain confirmation from the Downtown BIA on their intentions of operating the promenade area during the 2021 season; 3) Obtain confirmation from the Downtown BIA on their intentions to host daily events in the promenade area and to discuss the likelihood/feasibility of these events occurring given the current COVID-19 protocols which limit outdoor gatherings; and, 4) Develop a listing of responsibilities and next steps for each party involved to ensure success in 2021. The Downtown BIA has provided updated correspondence which includes the approved motion of the Board during its April 26, 2021 meeting. This is included in Attachment #1 along with its correspondence dated March 23, 2021. Alternatives Reviewed Through the meeting with City Staff and the Downtown BIA, a number of alternatives were discussed, along with the opportunities and challenges of each. 1) Do nothing – this alternative was not supported by the Downtown BIA. 2) Original request – Road closures 7days/week – given the ongoing public health restrictions and limited opportunities for public gatherings, the likelihood of event occurring 7days/week in 2021 is low. Furthermore, this alternative does not address the concerns from area residents and merchants. Therefore this alternative is not recommended by Staff. 3) Converting subject block of Queen Street to one-way traffic – given the current roadway width (7.0metres) and the requirement for 6.0 metres of unencumbered emergency access to be provided through the event area, this alternative is not recommended by Staff. Page 58 of 472 4 MW-2021-32 May 11, 2021 4) Re-purposing of parking lanes (north or south sides) – in this alternative the parking lane would be repurposed into event / sidewalk cafes areas, in addition to the sidewalk and furnishing zone. This alternative allows for the permitted sidewalk cafes to expand; however limits event area size, affects pedestrian flows along Queen Street and impacts non-food and beverage businesses. This alternative is not supported by staff. 5) Modified Original Request – this alternative will allow for the installation of the requested permanent metal gates to be installed within a reduced one block area (between St. Lawrence Avenue and Crysler Avenue), and the frequency/duration of the road closures will be reduced and only permitted during event times after 5:00PM on weekdays, when a Special Events/Road Use Permit has been obtained. Staff are recommending this alternative as it satisfies the intentions/request of the Downtown BIA, while lessening the impacts on area residents and merchants. In future years, as the COVID-19 protocols are reduced, the Downtown BIA can consider adding additional road closure nights, following consultation and approval from the Downtown BIA Board and its membership, consultation with City Staff, and having obtained a Special Events Permit from the City. Preferred Alternative Therefore, following a review of all feasible alternatives, Staff are recommending that Alternative #5 – “Modified Original Request” is considered for 2021. Next steps for this proposal are for the Downtown BIA to: 1. Finalize the gate designs for City approval; 2. Obtain engineering drawings and utility locates for the gate base installation; 3. Develop a notification procedure to notify all affected agencies and stakeholder of when Queen Street will be closed/open; 4. Develop public notification signage to be posted on Queen Street to notify the general public / motorist of the closure times; 5. Confirm events calendar with Downtown BIA Events Committee; and, 6. Apply for and obtain Special Events / Road Use Permit from the City. Should Council approve of this initiative and pilot program for 2021, Staff will carefully monitor the initiative and obtain further stakeholder feedback in order to report back to Council on the results and any potential expansion of this initiative elsewhere in the Downtown BIA. Page 59 of 472 5 MW-2021-32 May 11, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Downtown BIA is requesting a financial donation by the City towards the cost of eight (8) gates in the amount for $6,500. Given that Staff recommend installation of only four (4) locations at this time, Staff recommend that Council approve a grant request in the amount of $3,250 for this initiative. Additional transit notification signage and modifications to the parking machines can be carried out by Transportation Services staff with negligible budgetary impact. Staff recommend accommodating this request within the 2021 General Purposes Budget account 11-3-342010-040000 Traffic Control Services - Contracted Services. This budgeted item accommodates special event traffic control, which is expected to be reduced in 2021 due to Public Health directives regarding COVID-19. CITY’S STRATEGIC COMMITMENT The recommendations in this report Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS Attachment #1 – Correspondence from the Downtown BIA Attachment #2 – Public Comments provide for MW -2021-26 Attachment #3 – MW-2021-26 Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 60 of 472 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM April 27th, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, The Downtown Niagara Falls Board of Management would like to clarify and amend the previous letter dated March 26th, 2021, for swing-gate installation made to Council. The initial letter was made before the recent COVID-19 lockdown and when the events were still being formulated, which is why a blanket request was provided in order to allow for flexibility of activities on gated sections of the road. However, to amend our March 26th correspondence for clarity, the Board of Management has updated their last submission and motion to state: Motion: That the Board of Management for the BIA approve the original request to Council for the installation of swing gates. The gates would be of long-term benefit to downtown. Events for the 2021 season are on hold and will be reassessed following the COVID-19 lockdown, and when/if street closures happen with the gates for the 2021 summer event season, closures will only occur during event times. Motion by Eddy Pybus Seconded by Starr Bowes Carried With the uncertainties of COVID-19, we would like to focus on installing the gates, which have a long-term benefit to downtown over multiple years, as they are more aesthetically pleasing and allow us to pivot if COVID-19 conditions change in late summer. The gates would assist the BIA in avoiding expensive, prolonged, and unnecessary road closures similar to that in 2020. The proposal would be less invasive, more cost-effective of staff time, and would limit the need for heavy machinery to lift planters that allow for security during events. BIA members are welcome to attend the events committee to discuss future events once the committee resumes when lockdown measures are lifted, or the province has provided more guidance. Until such a time, all events are on hold. We may likely have another limited summer of events, but we won’t know this for several weeks. The Downtown BIA is also seeking a financial donation towards the gate installation cost in the amount of $6,500. Any support from Council would be much appreciated, as the BIA hopes to cover the remaining cost via grants and sponsorships. Sincerely, The Board of Management for Downtown Niagara Falls Page 61 of 472 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM March 23rd, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, After a successful 2020 season and months of 2021 planning and deliberation, the Board of Management for the Downtown Niagara Falls BIA seeks permission to install permanent gates along Queen Street in the attached designated locations within the staff report. The gates would allow for daily road opening and closures in the Downtown core from May until the end of December. The gates would be installed in the attached locations, leaving the road open from 12:01 AM until 5 PM every weekday, closing each evening to allow for patio expansions and weekly events. On weekends, the BIA would close the road on Friday at 5 PM until Sunday at 11:59 PM to allow restaurants to expand for the three evenings while also allowing for weekend events. The Board of Management understands that professional services during the workday benefit from the road being open, while restaurants benefit from the closures and pedestrian walkways. The proposed plan benefits both parties, allowing for compromise while also being an economically viable option for all involved. The Downtown would also post signage with opening/closure times and dates to allow consistent messaging to all Downtown stakeholders. The Downtown BIA is also seeking a financial donation towards the cost of the gate installation in the amount of $6,500. Any support from Council would be much appreciated, as the BIA hopes to cover the remaining cost via event revenues, grants, and sponsorships. Sincerely, The Board of Management for Downtown Niagara Falls Page 62 of 472 1 Heather Ruzylo Subject:Request to add to agenda - Proposed Gate Installation DBIA Begin forwarded message: From: Sacha Heilig < Date: April 19, 2021 at 10:47:28 AM EDT To: Bill Matson <billmatson@niagarafalls.ca>, Jim Diodati <jdiodati@niagarafalls.ca>, CouncilMembers <councilmembers@niagarafalls.ca> Subject: Request to add to agenda - Proposed Gate Installation DBIA Good morning Bill. Can this letter be added to tomorrows City Council Meeting to be read out loud? It is in accordance to Section 7.7 of the Current Agenda. It'd be very much appreciated. Thank you! Dear Mayor and Council I ask you please take the following words into consideration for your vote towards the Proposed Permanent Gate Installations on Downtown Queen Street. On March 23rd you received a letter from the Downtown Board of Management delivering a projected plan to permanently install 8 road closures on Queen Street that will be delivered in Council April 20th. The Downtown Board of Management has taken a position to decide what’s best for all small business owners without information collected from its General Membership. No ROI’s can be provided, when requested, at this point. There has been zero communication from the Downtown Sitting Board and its General Membership for nearly 1 year. In their March 23rd letter to you all, they’ve outlined their “understanding” of what professional services and restaurant businesses need at this time in relation to support THEIR project. This statement only comes from the Sitting Board and not the General Membership. NO impact surveys have been made to the General Membership in relation to * impact of the Covid-19 pandemic * impact of continued shutdowns * impact of loss of capacity for restaurants, personal services, entertainment, etc. * review of last years Promenade launch * declared reported loss of income from all of the above I do believe this is crucial information that needs to be obtained from Membership prior to any such investments be made from the Downtown BIA, as well as from the City of Niagara Falls at this point. The Permanent Gate Installation is premature given the circumstances of the current pandemic and what businesses on Queen Street need to survive. Additionally, I’d like to outline that no Minutes were made available to General Membership from May 2020, until March 2021, when the new website was launched. The DBIA continued to email newsletters with dead links but did not offer Membership the insight to be aware that resources could be made available through the City Clerks Office. I apologize in advance, as I myself did not Page 63 of 472 2 know we could obtain records for minutes here. Much of us are truly not Politicians at heart, or understand how all this works. In those lost months, a levy increase was passed without much knowledge of the General Membership, or input given. As the deciding Authorities on this issue, and continued issue of Downtown Queen Street, my suggestion would be to halt the project until reviews are made. Ensuring streets remain open is a guaranteed factor to success in a year when success has been taken away. To add another risked variable (Promenade/Street Closures) to an equation when businesses are starving is inappropriate at this time. To support the Installation of these gates, is the continued support of what Small Businesses Downtown DO NOT NEED at this moment. We have been burdened with an ongoing pandemic, increased costs to products, increased loss to people, and a considerable levy increase in what is a historic time in our lives. The Downtown BIA Directors have ignored requests for meetings and requests of information. I do not see how any business person would move forward with a project plan based on those statements alone. What ensures success of this District is COMMUNICATION and COMMUNITY - 2 things money cannot buy that we are lacking. I believe it should be revisited next year with a better understanding and collection of information from all, to ensure its success in investment moving forward. Thank you for considering this information, Sacha Heilig Page 64 of 472 1 Heather Ruzylo Subject: Queen St. promenade On Tue, Apr 13, 2021, 1:22 PM Sarah McLeod, < wrote: Begin forwarded message: From: Sarah McLeod > Date: April 12, 2021 at 2:52:03 PM EDT To: Jim Diodati <jdiodati@niagarafalls.ca>, Wayne Campbell <wcampbell@niagarafalls.ca>, Chris Dabrowski <cdabrowski@niagarafalls.ca> Subject: Queen St. promenade Hello, I'm writing to you this afternoon regarding decisions being made on Queen St., specifically the closing of the street. As a Niagara resident, a business owner, and one who likes to support businesses within my community, including businesses on Queen St., I'm struggling to understand why the street is planned to be closed daily, when it has been proven with financial statistics, as well as many businesses on the street being negatively impacted by previous closures. It's disheartening to hear how these citizens of our city are being treated, they are blatantly being bullied by the BIA. I'm writing this to let you know, it isn't a few upset business owners, those people have friends and family, and seeing how this treatment of them is continuing, we the public are aware of it, we are here for them and we will help them, because we all live in this community. If I'm to live here, make my living here, raise my family here, I have everything to gain when businesses thrive. I've spent a lot of time on Queen St. over the years, having drinks with friends, eating great food, watching live shows. I've supported some of my favourites on the street during every lockdown because I'm extremely fortunate and grateful that I have not only been able to continue to work, but my business has only gotten busier. I don't want to see some who have become friends, some who I've known for years, some just lovely acquaintances, lose there business because of poor decisions of the BIA. How is it fair? The BIA is not in business of helping the street as a collective, it is picking and choosing, and name calling and bullying the ones who have legitimate questions regarding how their hard earned money is being spent. I just can't fathom why this street is this way, it's not new, the decline has been ongoing and allowed to happen, I believe purposefully. The BIA has been doing nothing to make Queen St. thrive, it Page 65 of 472 2 was admitted by the person in charge. This isn't what any downtown should look like, so derelict, it should be bustling every day of the week, it's the soul of a city, and it's being crushed. I'm hoping you sincerely reflect on my words, they're coming from a place of passion for a city I call home, and one I'm beginning to dislike, and wanting to leave behind. On behalf of the street as a whole, I am here for the time being, and as a member of the community, will be here in whatever capacity I'm needed to help make positive change. Regards, Sarah niagarafalls.ca Only select services are available to the public at City facilities, as a precautionary measure to stem the spread of COVID-19. We will continue to serve you online at niagarafalls.ca. We thank you in advance for your understanding, should we take longer than usual to respond to your inquiry. The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 66 of 472 1 Heather Ruzylo Subject: Queen Street BIA -----Original Message----- From: Carmen Tartaglia < Sent: Friday, April 16, 2021 8:38 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Queen Street BIA Bill: Please pass our concerns on to all Council members regarding issues we would like addressed by Council as they have the authority to direct the BIA . The BIA is planning to start once again interrupting a steady flow of traffic from Victoria Ave. to River Rd. Last years closure of eventually just one block for months had a noticeable negative effect on our business sales as well as sales for other business people we spoke to. We received calls from customers, many of whom are seniors asking how to get to us after learning of the closure. One new customer and recent new resident who happens to also be a city bus driver, remarked after shopping that he almost gave up on coming in from being frustrated by the detour to find us. We are sure the new influx of residents as well as Tourists would be turned off and confused by any closure. Anyone we talked to about it found it to be foolish and an absolute bad business move for the Street. Business people we talk to fear an even poorer year this year than last given the Government Lockdowns to date with more expected . We have spent over 36 years on Queen St. investing heavily and building a successful business which compliments Downtown and the City and are passionate to see it succeed. Our success did not come by listening to Board Members and Staff, many of whom have no skin in the game trying to do what they think is best for our business. Too many times their decisions have harmed more than helped us. In the past street closures for various functions have proven to be very disruptive, hindered sales and eventually ended with us closing until they were finished. Also Council should consider rescinding the decision to remove the Park St. Lot. That Parking is vitally important to all businesses, it is at a premium now and it will only become a greater deterrent to shoppers if they are inconvenienced more by having to fight for a spot or walk blocks from the small city off street lots that exist. While Council is at it, consider the Authority you have and common sense the business minded members there have and bow to the wishes of the many on the street who find it even more devastating to allow a very few Board members to increase our budget at a time when we face the most financially challenging times ever. We will be lucky to see even a half a fiscal year of business from the way things are shaping up . Anna & Carmen Tartaglia. Roberts Jewellers Page 67 of 472 1 Heather Ruzylo Subject:Queen St detour... NO From: Catherine Bovaird < Sent: Friday, April 16, 2021 3:08 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Queen St detour... NO Hello Bill, I live at , Niagara Falls. I understand the city is going to reroute traffic around the BIA initiative to close down their block again, this time for summer activities. Please don't allow it. 1. Blocking downtown traffic is totally inconvenient for me. 2. I didn't see any shops on Queen St benefit from the blocking. 3. The movies were nice BUT the block can be set up for it on the movie night. It doesn't require full day/week blocking. My major complaint about blocking off the BIA block is that it disrupts traffic and spoils shopping on Queen Street. Thanks so much for your attention to this matter, Catherine Bovaird Page 68 of 472 1 Heather Ruzylo Subject: Request for City Council From: jenn@jeffrosbbq.ca <jenn@jeffrosbbq.ca> Sent: Friday, April 16, 2021 2:51 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: RE: Request for City Council Hi Bill, Thanks for your reply, I would like to submit the following to Council for the meeting: On behalf of Jeffro's BBQ, Moodies Bakery and DJ's on Queen, we do not want any street closures for 2021. We are currently in our third lockdown with no end in sight. These closures affect the businesses negatively, doing more harm than good. Our regulars do not come down if the street is closed and it blocks traffic flow. It attracts homeless people rather than customers. Now that the Park Street parking lot has been permanently closed, we require the Queen Street parking more than ever. I have attached a petition of businesses that do not want the street closures. We had to stop collecting signatures because of the lockdown. We also have an online petition going getting support from the rest of the city as well. We have invested everything we have into these businesses. The mayor put out a statement this week telling everyone to support small businesses because the last surviving businesses are fighting to hang on. We really are fighting to hang on and this proposed street closure will only succeed in killing the businesses down here. Thanks for your time, Jennifer Freimanis -------- Original Message -------- Subject: Request for City Council From: Bill Matson <billmatson@niagarafalls.ca> Date: Fri, April 16, 2021 5:41 pm To: "'jenn@jeffrosbbq.ca'" <jenn@jeffrosbbq.ca> Jennifer, I can add your comments to the agenda for all of Council to read and consider. We would not be having any Delegations or Appointments in front of Council at this time. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca Page 69 of 472 2 niagarafalls.ca Only select services are available to the public at City facilities, as a precautionary measure to stem the spread of COVID-19. We will continue to serve you online at niagarafalls.ca. We thank you in advance for your understanding, should we take longer than usual to respond to your inquiry. The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 70 of 472 1 Heather Ruzylo From: Nαtαlie Cαruso < Sent: Friday, April 16, 2021 3:09 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: (Continued) Queen streets community. Those who have been paying for this levy increase but do not want to also pay for the Repercussions of the closures. When I voiced my concerned I was told I had to wait till the end of May to speak at an events committee. An invite that took me reaching out several times to receive. Park street parking lot is located directly behind my business and my guest have been parking there for the last five years. Our guest spend an average of 2+ hours in our chair all of which requires them to add more money in the Metre so having park street parking lot was a great alternative. With the loss of that we are already short parking. Offering parking with space to walk allows them their time to reach other busineses and support instead of inconveniencing them and punishing them by forcing them to find parking elsewhere while walking through a promenade during the middle of a pandemic when businesses are trying to make ends meat. Covid has effected my business tremendously. And on top of taking money out of my pocket with this levy increase this threatens my business and my chances of making back that money by shortening my business hours. I am so displeased as a business owner who has been on Queen five years and as a former bia member. This board was created to help the community and focus its priority on the businesses. Not allow our concerns to fall on deaf ears. I hope this message reaches you and is received with great intent. My community means the world to me. As does my business I worked my entire life for. I refuse to let it crumble because the decisions are falling on those that fail to see the concerns of those who are paying to make it happen in the first place. Waiting patiently for your response , Natalie Page 71 of 472 1 Heather Ruzylo From: Nαtαlie Cαruso < Sent: Friday, April 16, 2021 3:08 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Natalie Caruso, Owner of Little Shop of Beauty, Im writing to you today to express the magnitude of the negative impact these road closures have had in the past and will continue to have should you disregard the needs of the Businesses. Road closures effect the convenience of our guest reaching our store front. Not only that but it reduces the chances of them ever finding parking which they are already oblige to pay to receive a service. Road closures do nothing positive for the businesses. Our hours run from 9-5 and 5-8 so this impedes on our evening guests. In the past road closures have left our streets a complete disaster and businesses like myself have had to close to reduce stress on not only ourselves but for our guests who have to park blocks away just to reach the Main Street to get to us. Not to mention during a pandemic entertainment should be the last thing we are focusing on. Our main concern should be the businesses who have worked tirelessly to keep queen street lively and their business thriving. Closing and forcing the businesses to reduce their hours after experiencing a great loss since covid is by far The most harmful thing you can do as a collective trying to “revitalize” a district all while ignoring those who it is effecting. Aka the community. Page 72 of 472 1 Heather Ruzylo Subject:: NO to road closures Hard Copy and Digital Petitions From: Sacha Heilig <voicingqueen@gmail.com> Sent: Friday, April 16, 2021 3:02 PM To: Bill Matson <billmatson@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca> Subject: NO to road closures Hard Copy and Digital Petitions Hi Bill Can you please forward to Council and the Mayor this link to the online Petition against the Downtown Queen Street Road Closures, as well as photographs of our hard copy. Both are reflections of levy paying members as who cannot have this closure. The online partition is a mixture of Membership and Citizens of Niagara Falls. The online petition has been in circulation for 4 days and has over 300 signatures. The .jpeg files are the actual petition that was signed in person by over 30 levy paying businesses/building owners on Queen Street. Please, this can't be ignored as these are credible votes from the DBIA Membership. I hope this can be taken into consideration at Tuesday Council Meeting. Thanks so much Sacha Heilig Muthership Tattoo https://www.change.org/p/the-queen-street-bia-the-city-of-niagara-falls-no-more-queen-street- closures?recruiter=1164692507&recruited_by_id=32af48c0-28d7-11eb-8703- d386cc2da892&utm_source=share_petition&utm_medium=copylink&utm_campaign=petition_dashboard&fbcl id=IwAR3XmOs-8QDcKG7B0seCCWbGE2QFag5o8b5OOMoTMttXgE_o6KgV04-6goc Page 73 of 472 1 Heather Ruzylo To:Bill Matson Subject:RE: Hi Bill, From: Suwanna Upper < Sent: Monday, April 19, 2021 4:05 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Wayne Campbell <wcampbell@niagarafalls.ca>; cdabrowski@niagarafalla.ca; CouncilMembers <councilmembers@niagarafalls.ca>; Moodie's Bakery <moodiesbakery@icloud.com> Subject: Hi Bill, Hi Bill, My name is Suwanna Upper owner Moodie’s Bakery Queen street, Niagara Falls Ont. L2E2L5 I would like to bring up my concerns on Queen street road closer for 2021. Last year 2020, when the Queen street was closed that interrupted bakery. Our customer had complained of street closers and called the bakery asked for the directions get to the bakery. It was very frustrating. I remembered the time that BIA member asked me to stayed open longer hour for the street event Promenade. First Saturday we opened till 8:00pm sold one bottle of water. Second Saturday and third Saturday sold nothing. In my opinion street must stay open at all time keep the traffic flow. Now, we are in lockdown. Things are going to be a very difficult. Bottom line running a business is dollar sign! I am not supporting Queen street road closed. Bill, can you please pass this concerns to all Council members? Thank you for understanding. Suwanna Upper Moodie’s Bakery Sent from my iPhone Page 74 of 472 1 Heather Ruzylo To:Bill Matson Subject:RE: Queen Street Promenade From: Happy Feet Dance <info@happyfeetdance.biz> Sent: Monday, April 19, 2021 2:46 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Wayne Campbell <wcampbell@niagarafalls.ca>; Chris Dabrowski <cdabrowski@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca> Subject: Queen Street Promenade Good Day Bill, Will you kindly add my letter to Tuesday’s meeting agenda regarding the Queen Street Promenade? ***** Dear City Council and Mayor, I am writing today to OPPOSE the motion to close a portion of Queen Street to vehicular traffic for the DBIA proposed “Promenade”. (MW-2021-26 Queen Street – 2021 Promenade Proposal). The frequency of the closures is overkill and will severely impact businesses on the street. Small Businesses on Queen Street and the surrounding area have suffered endless lockdowns since March 2020. We are struggling to maintain our livelihoods and keep our businesses afloat. Many businesses have invested their entire life savings into fulfilling their dreams and I am certainly one of them. Most of the businesses on Queen are considered “non-essential” and are the first to be deemed closed or heavily restricted during the current provincial measures. Daily Street Closures for “events” will further impact businesses that are already on the verge of collapse. Business owners on Queen have banded together, created a petition, sent multiple emails to the DBIA, Council and our concerns have been pushed aside and ignored. We definitely feel unheard and that is absolutely unacceptable given the fact that the DBIA works for the membership and NOT the other way around. City Council needs to recognize this when making any decisions regarding the future of Queen Street. How is this proposal a viable option to reinvigorate Queen Street during a Global Pandemic or for the future? Given the trajectory of the Pandemic and cases rising exponentially, this Promenade may not even be permitted to happen! The BIA budget increase is alarming to Business and Property Owners downtown during a Global Pandemic. From what I understand, they are asking for additional funding to cover the cost of the gates on top of what has already been budgeted. It is wrong and insensitive for the DBIA and Council to avoid the outcry and advocacy from local Business Owners who are ultimately the Constituents who elected Council in the first place. We are local residents, trying to fulfil our dreams and run our businesses without interference. After multiple attempts to meet with the Sitting DBIA board and reaching out to Council, the Downtown Business Owners are STILL struggling to be heard. Page 75 of 472 2 Street closures are NOT what Business Owners on Queen want or envision for the future. Should Council approve this proposal from the DBIA, has anyone considered where the potential “patrons” of the proposed “events” will park? With the Park St Lot closure, a devastating loss to the current businesses on Queen Street, where will the potential patrons park? To be honest, it is extremely disheartening that so many businesses are speaking out about all of these drastic changes and we are being ignored. The loss of the Park St. lot is extremely devastating to many surrounding businesses and from the map the City released, showing what limited parking remains, it appears that Downtown will not be able to accommodate an influx of potential patrons arriving by car. Exactly how many parking spots currently remain in the downtown core? As mentioned above, the frequency of nightly and weekend street closures will not make any event downtown “unique”. It is repetitive. “Events” should be something to mark on your calendar and gear up for…with the planned frequency, it is easy to say “Let’s just go next week” or “We were just there last week”. Also, there are still so many vacant buildings downtown, even with the additional 15 that opened recently. Why not promote the businesses that are currently on the street and draw interest from the Community before planning weekly events. At least let the pandemic get under control and allow us all to recover for a little while! Then maybe, if the BIA is willing to involve ALL businesses on the street through meetings, surveys or reaching out, we can collectively come to an understanding of what we all envision for the future of Queen Street. The Street has a bright, post-pandemic future, but this has to be a collective vision, rather than the vision of a select few pushing it onto everyone else whether or not they agree. Thank you for your time, Tammy Lacas Owner Niagara Falls Page 76 of 472 1 Heather Ruzylo Subject:Queen Street closure -----Original Message----- From: Tony Barranca < Sent: Friday, April 16, 2021 8:16 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Queen Street closure Mr. Mayor and City Council: This Spring and summer, the DBIA is planning to close two blocks on Queen Street. As a successful family business for over 46 years and presently pay four Bia levies, we strongly recommend NOT to close the street. No one benefits from it. Instead , it causes confusion for out of town visitors /clients getting lost when having to make detours around it. A disruption to emergency vehicles, garbage pickup , transit bus re-routing and extra expense to open and close the street.Please use common sense, listen to the majority of the merchants who are still trying to make a living and survive on Queen Street. Sincerely, Tony, Mary & Rob Barranca Hair Lovers Place & Back Alley Barbershop Sent from my iPad Page 77 of 472 4640 Queen Street Niagara Falls, ON 437-2140488 7even.star92@gmail.com 29,September,2021 Whom this may concern, I was miss informed by one of the business owners on Queen street. They mentioned that the petition is about closing the road as they did during covid-19 for the patios. Hesitantly,I signed it because I didn’t want the road to be closed for a long period of time. However, the truth was that they wanted me to sign it so I could stop the events, such as a car show and movie nights which I really wanted to participate in. The events were a part of my income source despite the street being closed during the time of the event. Nonetheless, it is for the safety of the people who are attending the event which is our first priority. I’m with Ron, the chairman of BIA downtown NiagaraFalls, for hosting the events on our street so that it brings us business. Page 78 of 472 MW-2021-26 April 20, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-26 Queen Street – 2021 Promenade Proposal RECOMMENDATION 1. That Council receive for information the attached request from the Queen Street BIA requesting the following: a. the placement of eight (8) permanent road closure gates on Queen Street; b. periodic road closures on Queen Street for two (2) blocks: Valley Way to St. Lawrence Avenue, and St. Lawrence Avenue to Crysler Avenue; c. nightly closures on the affected blocks on weekdays between 5:00pm and midnight; and on weekends from Friday at 5:00pm until Sunday at midnight; d. financial support in the amount of $6,500; and further; 2. That Council approve a pilot program in 2021 the installation of four (4) gates necessary to close a single block of Queen Street between St. Lawrence Avenue and Crysler Avenue, on the evenings and weekends requested by the Downtown BIA, starting in May 2021 and continuing to the end of December 2021; and further, 3. That Council approve 50% of the Downtown BIA funding request in the amount of $3,250 for costs associated with supply and installation of the gates at the St. Lawrence Avenue and Crysler Avenue intersections only; and further; 4. That Council direct Staff to report back to Council upon the completion of this pilot program with any findings, observations, comments, concerns, and recommendations in regards to the potential for future installations along the Queen Street corridor. EXECUTIVE SUMMARY Staff consulted with the Downtown BIA regarding their proposal to close Queen Street from May 2021 to the end of December 2021 with permanent metal gates to allow for the creation of a pedestrian promenade. This promenade would allow for restaurants to expand their sidewalk cafes and for weekly public events to be hosted. Page 79 of 472 2 MW-2021-26 April 20, 2021 Following discussions with the Downtown BIA and various City departments, it was agreed upon that the closure of Queen Street between St. Lawrence Avenue and Crysler Avenue (only) could be safely facilitated with the proposed gate installations. It was proposed by the Downtown BIA that the road would be open from 12:01AM until 5:00PM every weekday, closing each evening to allow for patio expansions and weekly events. On weekends, the Downtown BIA would close the road on Friday at 5:00PM until Sunday at 11:59PM. The Downtown BIA is also requesting a financial donation by the City towards the cost of the gate installation in the amount for $6,500. Given the recommendation to proceed with only one block of roadway, and half of the number of gates, staff recommend granting the 50% of the BIA’s request. BACKGROUND Due to the impacts caused by the COVID-19 pandemic and resulting public health measures implemented in Niagara Region by the Ontario Government, the local hospitality industry has been significantly affected by reduced seating and building capacity regulations. Therefore to help provide relief to this industry, the City of Niagara Falls has provided opportunities for restaurants to expand their outdoor seating to areas within the public realm, including within parking lanes, city boulevards and sidewalks, and on closed sections of road. Specifically, for the restaurants and businesses along Queen Street from St. Lawrence Avenue to Crysler Avenue, the City, in collaboration with the Downtown BIA facilitated the closure of this roadway from June 2020 to January 2021. During the winter of 2021, the Downtown BIA approached City Staff to discuss the closure of Queen Street with the installation of permanent metal gates to enable the creation of a pedestrian promenade. The promenade area will allow for restaurants within the road closure to expand their sidewalk cafes and provide space for public events to be facilitated by the Downtown BIA. A letter outlining the Downtown BIA’s request is available in Attachments #1, the initial requested area is illustrated in Attachment #2, and the gate design is provided in Attachment #3. Staff from Municipal Works, Transportation, Parking, Transit, Fire and Business Development undertook consultation with the Downtown BIA. Through this consultation a number of alternatives were discussed and it was agreed upon that the closure of Queen Street with gates between St. Lawrence Avenue and Crysler Avenue was acceptable, as illustrated in Attachment #4. ANALYSIS/RATIONALE The Downtown BIA is requesting approval to install permanent metal gates to facilitate the daily closure of Queen Street from May to the end of December 2021. The proposed gates would be installed at the intersections of Queen Street with St. Lawrence Avenue and Crysler Avenue, behind the crosswalk to ensure pedestrian movements were safe Page 80 of 472 3 MW-2021-26 April 20, 2021 and accessible. It was proposed by the Downtown BIA that the road would be open from 12:01AM until 5:00PM every weekday, closing each evening to allow for patio expansions and weekly events. On weekends, the Downtown BIA would close the road on Friday at 5:00PM until Sunday at 11:59PM. Initially, the requested closure encompassed a larger area, expanding westerly to the intersection of Queen Street at Valley Way/Buckley Avenue. This proposal was not supported by staff, as the installation of gates should only be considered at all-way stop controlled intersections to ensure safe traffic movements and increase driver awareness that the roadway is closed/blocked. Following discussion with the Downtown BIA, they’ve agreed to limit the closure to the block between St. Lawrence Avenue and Crysler Avenue. Vehicles parked on Queen Street during the daytime hours, will be permitted to do so until 4:00PM, at which time the parking machines will no longer issue any new tickets. This will allow for parked vehicles to clear this space and allow for the 5:00PM closure. No concerns were raised by the City departments consulted. Transit service (routes 102, 104/204) will be rerouted to Park Street during the closure periods of May to December 2021. Transit Services will notify their patrons of this change, providing public notification at all of the affected transit stops and by posting a notice on the City’s website. Fire Services will be provided keys to open the gates when/if they require access. Next steps for this proposal are for the Downtown BIA to: 1. finalize the gate designs for City approval; 2. obtain engineering drawings and utility locates for the gate base installation; 3. develop a notification procedure to notify all affected agencies and stakeholder of when Queen Street will be closed/open; and 4. develop public notification signage to be posted on Queen Street to notify the general public / motorist of the closure times. Should Council approve of this initiative and pilot program for 2021, Staff will carefully monitor the initiative and obtain further stakeholder feedback in order to report back to Council on the results and any potential expansion of this initiative elsewhere in the Downtown BIA. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Downtown BIA is requesting a financial donation by the City towards the cost of eight (8) gates in the amount for $6,500. Given that Staff recommend installation of only four (4) locations at this time, Staff recommend that Council approve a grant request in the amount of $3,250 for this initiative. Additional transit notification signage and modifications to the parking machines can be carried out by Transportation Services staff with negligible budgetary impact. Page 81 of 472 4 MW-2021-26 April 20, 2021 Staff recommend accommodating this request within the 2021 General Purposes Budget account 11-3-342010-040000 Traffic Control Services - Contracted Services. This budgeted item accommodates special event traffic control, which is expected to be reduced in 2021 due to Public Health directives regarding COVID-19. CITY’S STRATEGIC COMMITMENT The recommendations in this report Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS Attachment #1 – 2021 Promenade Proposal (Initial BIA concept) Attachment #2 – Proposal Gate Design Attachment #3 – Correspondence from the Downtown BIA Attachment #4 – 2021 Promenade Proposal (Staff recommended) Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 82 of 472 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM March 23rd, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, After a successful 2020 season and months of 2021 planning and deliberation, the Board of Management for the Downtown Niagara Falls BIA seeks permission to install permanent gates along Queen Street in the attached designated locations within the staff report. The gates would allow for daily road opening and closures in the Downtown core from May until the end of December. The gates would be installed in the attached locations, leaving the road open from 12:01 AM until 5 PM every weekday, closing each evening to allow for patio expansions and weekly events. On weekends, the BIA would close the road on Friday at 5 PM until Sunday at 11:59 PM to allow restaurants to expand for the three evenings while also allowing for weekend events. The Board of Management understands that professional services during the workday benefit from the road being open, while restaurants benefit from the closures and pedestrian walkways. The proposed plan benefits both parties, allowing for compromise while also being an economically viable option for all involved. The Downtown would also post signage with opening/closure times and dates to allow consistent messaging to all Downtown stakeholders. The Downtown BIA is also seeking a financial donation towards the cost of the gate installation in the amount of $6,500. Any support from Council would be much appreciated, as the BIA hopes to cover the remaining cost via event revenues, grants, and sponsorships. Sincerely, The Board of Management for Downtown Niagara Falls Page 83 of 472 Sitemap Entertainment District Gates Proposal Page 84 of 472 Page 85 of 472 42.00 .50 168.00 168.00 3.00 4.00 2.50 4.00 38.00 10.00 4x4 x 1/4" WALL BARREL HINGE B 10 x 10 x 1/2" BASEPLATE CONNECTION TABWELDED ONE SIDE ONLYTHRU HOLE FOR PADLOCK / CHAIN ETC THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF ADCL. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF ADL IS PROHIBITED. DESCRIPTION 0 PROPRIETARY AND CONFIDENTIAL TOLERANCES: (INCHES) FRACTIONAL 1/64" ANGULAR: MACH .5 BEND 2 TWO PLACE DECIMAL .01" THREE PLACE DECIMAL .002" FOUR PLACE DECIMAL .0005" DRAWN ENG APPR. DATENAME COMPANY SIZEC DWG. NO.REV SCALE: NONE UNLESS OTHERWISE SPECIFIED: SHEET 1 OF 1 96786-108 STREET GATES QUEEN STREET BIA JOSH B 2021-03-22 Page 86 of 472 MW-2021-26 Queen Street 2021 Promenade Proposal Recommended Promenade Area Proposed Gate Installation Existing All-Way Stop Queen StSt. Lawrence AvCryslerAvPage 87 of 472 3.0.3"mZm?o: mmsn_<_o:Qm<._<_m<3.wow.:5>2 ._.9x832xc~<_o mc?mnn32”EouommmOcmmzm?mm?QomcaEcm?m.:m.E__mmo: -..-.O1m_:m__<_mmmmmm.... 3.03”._.o:<35:8«.I: mmsn_<_o:Qm<._<_m<Ho.No?H?ww>_<_ 49m_<_m$o:AE=3m$o:®1mmm_‘mE__m.nmvh:39o&;._AE_oam:®1mmm_\m.nm__m.8vM<<m<:m9331. 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HHHHHoUwwoom,m.HdH_%.<39HH5HommomHH5H.maHnm?m?HL285592HH5mnaaOHom:8m.9:.HnnonmonobmSHHHH6 HUEHHHGH.BH=HBHNom95HoSmH.om.RHoHHonm. H.Ho€Ema35$ow:wGHQ3H:.mEHmUO<<5.nO<<DHvamoao$6$wHHNoHHHmHEHEHH5mcamsmoanH::8Hgm?Hm?" <<o~HnHsm..vHooBBaEHEao:§n:HwomanmoawnoEnHHumHoworHa<oHowszmmum8H:<Hmo_.m8HH5QammH.mHHH_Hno5 Uo<B.8c<:.<2HHHmcanHHSHHH5.HoH.BHHHo:omHsmmdHQHmmoHsmHHSmw?oHHHHsmo/HowEKHo<oammwH:wan nxuaomnmaHHH;mo8:H8m:HHm.H5<<a<$.HH.HHHOUwH>20:5mo.EmHH<asnumoE5H:<oH<ooc?miaaoxHwHH:m HzisammomonHH5£32.H58mB?snaoo:<o~mmHHo:mamHomw805552;HEH3»HHSH<<ocH.HHEHHSwow»oo?mm owmonozHomainocn:H=83mHmnEmHgHVHHsmxwmEmH<Hm<o~mmH.H.H;HaHwHuno?onmaaH.3H.ommHHmHHHAHBQHmammwHnHsm Page 102 of 472 SoEco:$.9823Qosar?§oB_uoBr€.12532;58%8yoosagiam09.35»man:02wcmmsommam Uoéioés.32325:6am:58$583:. SommeE8zdm58oosm?oamnos. .332258¢ 05:? 1m3.<$9Umznm.Ocmm:mama Page 103 of 472 MW-2021-33 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2021-33 Chippawa Boat Ramp Operational Review RECOMMENDATION 1. That City Council receive for information Report MW-2021-33 and the attached public survey results pertaining to an operational review of the Chippawa Boat Ramp; and further, 2. That City Council direct staff to proceed with implementation of signage and enhanced parking enforcement at the Chippawa Boat Ramp; and further, 3. That City Council restrict the Chippawa Boat Ramp facilities from swimming; and further, 4. That City Council include a project to develop a Chippawa Waterfront Recreation Plan for consideration as part of the 2022 Capital Budget process. EXECUTIVE SUMMARY Staff have been observing a steady increase in the popularity of the Chippawa Boat Ramp and the surrounding park located at 4379 Lyons Creek Rd. This past year, in 2020, the location was again extremely popular; as was the trend for most other outdoor recreation and gathering opportunities in the Region given the ongoing pandemic-related public health restrictions. The increasing popularity of the park and facilities, coupled with the decisions of other jurisdictions in Niagara to implement paid-parking in 2021 at their boat launches, prompted Staff to seek public engagement in order to proactively consider possible measures necessary to ensure orderly operations of the park for the upcoming summer season. Upon conclusion of the public engagement, Staff are now enlighten about the various operational, safety and parking concerns and consequently recommend to implement several signage, education and enforcement measures in order to help address the concerns. Page 104 of 472 2 MW-2021-33 May 11, 2021 The recommendations of this report are intended to assist with immediate operational concerns; however it is recognized that they may reach a limit of effectiveness if the demand for waterfront and on-water recreation continues to grow. Therefore, the continued popularity, coupled with projected population growth in Chippawa and elsewhere in the City suggests that it is an opportune time to consider developing a Chippawa Waterfront Recreation Plan that considers public input for potential opportunities to develop new and/or expanded waterfront recreation facilities along the Welland River. BACKGROUND The Chippawa Boat Ramp located at 4379 Lyons Creek Rd in is situated on parkland licensed to the City of Niagara Falls from Ontario Power Generation that includes 3 boat launch ramps, approximately 100 metres of dock, a playground, 34 trailer parking spaces, 23 vehicle parking spaces, 2 accessible parking spaces, as well as picnic tables and benches. The boat launch and recreational facilities at the park were open to the public amidst the pandemic last year, albeit with varying degrees of public health restrictions in-place. During the course of the summer Staff observed and received several reports of various operational concerns, primarily on weekends and holidays, including the following: crowded parking, swimming in undesignated areas, inflatable tubes crowding the boat launch and dock, fishing in undesignated areas, littering, and waste receptacles overflowing. A similar resurgence at outdoor recreational amenities was also experienced elsewhere in Niagara Region during the summer months – especially at beaches and other locations with waterfront access. Staff suspect that this increased activity is partially attributed to the pandemic - but to an unknown extent. During 2020 the Niagara Parks Commission (NPC) also embarked on a review of their six (6) boat launches in light of their state of disrepair. The conclusions of their study was that in order to sustain investments in the boat launch infrastructure, Niagara Parks will introduced a boat launch / parking fee at these sites, beginning with the 2021 season. As confirmed with Staff, Niagara Parks boat launching facilities will now require payment of a daily parking fee of $10 per vehicle per day, or the purchase of an annual pass for $120. Given the aforementioned popularity of the park and the pending changes to Niagara Parks boat launches, Staff are concerned that operational issues previously experienced may worsen in the upcoming year. ANALYSIS/RATIONALE This spring Staff initiated an engagement through Lets Talk Niagara Falls including a 12- question survey to solicit feedback. The engagement was promoted heavily on social Page 105 of 472 3 MW-2021-33 May 11, 2021 media and was live for 22 days until closing on April 23, 2021. 501 complete responses and 299 partial responses were received. The results of the survey and summary of comments are included in Attachments 2, 3 and 4. Clearly, as the level of engagement indicates, the Chippawa Boat Ramp has been a very popular asset in the City, and is particularly endearing to the boating community and especially Chippawa residents. Staff are thus mindful of the implications of any changes at the facility; however, to be prudent recommend a proactive approach. This report and recommendations are being brought forth in order to ensure safe and smooth operations at the Chippawa Boat Ramp for what is anticipated to be a busy summer season again in 2021. Having reviewed carefully the survey results, Staff offer the following comments and recommendations in regards to a few options. Parking Operations Options Option 1 - Standalone User Fee ($10 per vehicle per day) Install “pay-and-display machines” and charge an hourly fee, up to a maximum of $10 per day. Free parking on weekdays. Paid parking on weekends and holidays. Enforced hourly. Will reduce peak demand Consistent with most major boat launch facilities in the Region (user-fee or paid season pass) Revenue generating in order to offset future infrastructure improvements Perceived as another “tax” On-street parking on neighbouring roads will drastically increase Diminishes community fundraising efforts Reduces visitor and tourism opportunities Parking Option 1 is not recommend. Option 2 - Discounted Local Pass and User Fee ($10 per day or discounted season pass for City Residents only) Same as option 1; however, City of Niagara Falls residents will be able to purchase/obtain a discounted seasons pass. May reduce peak demand Affordable for locals Revenue generating in order to offset future infrastructure improvements Peak demand may not be sufficiently reduced On-street parking on neighbouring roads will drastically increase Heavy administrative requirements for residents pass issuance and renewal Page 106 of 472 4 MW-2021-33 May 11, 2021 Diminished visitor and tourism opportunities Parking Option 2 is not recommended at this time; but is preferred in conjunction with Option 3 should visitor demand and operational concerns continue to increase. Option 3 – Increased Signage and Enhanced Parking Enforcement Installation of “boat trailer parking only” signage (see attachment #1) and utilize parking enforcement officers to educate and enforce bylaw requirements in the parking lot. Also employ on-site ambassadors to assist with swimming/fishing/floating concerns, and to generally keep order and civility. Results in more efficient use of parking and safer circulation of vehicles Greater oversight of day-to-day operations Targeted enforcement of offenders Maintains affordability Maintains appeal to visitors and tourists May not sufficiently address peak demands Parking Option 3 is recommended for immediate implementation. There are some recent nearby examples of similar circumstances overcrowding of beaches in municipalities such as Fort Erie and St. Catharines that have resulted in the implementation of user fees for the facilities and/or local-only passes. Staff suggest that at this time it is too early to determine the effectiveness and relatability of these decisions to the Chippawa Boat Ramp, plus these decisions may have unintended negative consequences such as an increase in visitor “free” parking on neighbouring streets. Consequently it is suggested at this time to maintain the Chippawa Boat Ramp as a free amenity available primarily to City residents and visitors choosing Niagara Falls as their destination. It is therefore recommended to proceed with Option 3 - Increased Signage and Enhanced Parking Enforcement at this time, and for Staff to closely monitor the ongoing operational challenges that arise during the Summer of 2021. Should the operational challenges become unmanageable, Staff believe the next logical step will be to consider the implementation of user fees and a discounted local seasons pass in addition to the increased signage and enforcement. In this event, Council will be kept apprised and no decisions will be made without prior Council approval. Swimming and Inflatable Floating Concerns The survey comments indicated a very strong concern for the safety of swimmers and floaters in inflatables who frequently congregate around the tie-up docks and boat ramp. The concern relates to typical docking operations, errant drivers or even unusual currents that may cause a boat who is either approaching or departing the boat launch to drift into the path of a swimmer/floater, or vice-versa. Page 107 of 472 5 MW-2021-33 May 11, 2021 For many years swimming and floating has been a pastime of Chippawa residents, thus Staff do recognize the desire to continue to provide swimming and floating opportunities. However, out of an abundance of caution, Staff do not recommend permitting swimming and floating in the immediate vicinity of the tie-up docks or boat ramp, especially during peak times on weekends or holidays. The City does offer several municipal facilities with access for swimming and floating in the Welland River including the Front Street Public Dock and George Bukator Park. Future Considerations The actions listed in the sections above are recommended to assist with immediate operational concerns that exist today. Clearly there appears to be a growing demand for waterfront and on-water recreation in Niagara Falls. This trend, coupled with projected population growth in Chippawa and elsewhere in the City suggests that it is an opportune time to consider developing a Chippawa Waterfront Recreation Plan that considers public input for potential opportunities to develop new and/or expanded waterfront recreation facilities along the Welland River. Staff recommend inclusion of a project of this nature in the 2022 Capital Budget Review process. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Implementation of additional signage is expected to cost approximately $1000 and can be accommodated in the applicable traffic signage operating budget account. Deployment of on-site ambassadors will require further discussion amongst departments, and could be accommodated via redeployment of some part-time employees. Additional parking enforcement measures are not expected to incur additional costs as the officer’s travel past the facility in order to perform their regular duties elsewhere in the City. Revenue generation is expected to be minimal as well, since the goal of enforcement is compliance which is better achieved through education and assistance first, and ticketing second. 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 – Sample Boat Trailer Parking Signage Attachment 2 – Survey Results Attachment 3 – Survey Comments Summary Page 108 of 472 6 MW-2021-33 May 11, 2021 Attachment 4 – Email and Letter Correspondence Received Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 109 of 472 MW-2021-33 Chippawa Boat Launch Operational Review City of Hamilton Parking Sign and Pavement Marking Example Page 110 of 472 Report for Chi ppa w a B oat Ramp Park - Opera tional and Pa rking Review Co m p l e t i o n Ra t e :6 2.6 % Complet e 501 Part ial 299 T o t a l s : 8 0 0 R esp on se Cou n t s 1 Page 111 of 472 1. Ar e you a Cit y of N iag ar a Fal l s r esid en t : 8 8% Yes88% Yes 6 % No6% No 6% Othe r: Plea s e spe cify your City of res ide nce 6% Othe r: Plea s e spe cify your City of res ide nce Val ue Pe rce nt Re s po ns e s Y es 88.3%4 4 6 No 5.9%30 Ot her: Pl ease specif y your Cit y of residence 5.7%29 T o t a l s : 50 5 2 Page 112 of 472 Ot he r: P l e as e s p e c if y yo ur Cit y o f re s ide nce Co unt Wel l and 4 Chippawa 2 T horol d 2 st cat harines 2 Beamsvil l e 1 Dougl ast own by Bl ack Creek 1 Fort Erie 1 Grimsby 1 HAMILT ON 1 Pel ham 1 Port Robinson 1 Resident f or 20 years now l ive in St evensvil l e 1 St Cat harines 1 St Cat harines 1 St . Cat harines 1 St evensvil l e 1 Wel l and/Font hil l 1 al l anburg 1 st cat h 1 st cat h 1 t horol d 1 was, but at t end dail y 1 wel l and 1 T ot al s 29 3 Page 113 of 472 4 Page 114 of 472 2. For wh ich act ivit ies d o you t yp ical l y visit t h e Ch ip p awa B oat Ram p Par k: 52% Boat Launc h52% Boat Launc h 17 % Dock s / Fishing / Swimming17% Dock s / Fishing / Swimming 4% Children’s Pla yground Struc ture 4% Children’s Pla yground Struc ture 7% Picnic k ing7% Picnic k ing 1 1 % Personal Wa te rc raft (c anoes, k a yak s, pa ddle boa rds, e tc .) 1 1 % Personal Wa te rc raft (c anoes, k a yak s, pa ddle boa rds, e tc .) 10% Othe r: Plea s e spe cify activ ity type 10% Othe r: Plea s e spe cify activ ity type Val ue Pe rce nt Re s po ns e s Boat Launch 51.5%260 Docks / Fishing / Swimming 16.6%84 Chil dren’s Pl ayground St ruct ure 4 .2%21 Picnicking 6.9%35 Personal Wat ercraf t (canoes, kayaks, paddl e boards, et c.)11.3%57 Ot her: Pl ease specif y act ivit y t ype 9.5%4 8 T o t a l s : 50 5 Ot he r: P l e as e s p e c if y act ivit y t ype Co unt Wal king 2 Wal ks 2 Al l of t he above l ist ed 1 T ot al s 4 6 5 Page 115 of 472 Daily wal ks 1 Enjoying visit ing t he river and sit t ing 1 Fl oat ing 1 Fl oat ing in creek 1 Have a dock nearby 1 Have cof f ee and wat ch t he boat s and wat er 1 I live adjacent t o t he boat l aunch and have a privat e dock next t o t he parking lot .1 I live next door 1 Just sit and wat ch t he boat s go by 1 Just t o sit by t he wat er and have cof f ee in car. Husband is very il l .1 Not appl icabl e 1 Picking up f riends at dock whil e out on our boat f rom Boat Cl ub 1 Picnicking swimm ing pl ayground rel axing on t he chairs 1 Recreat ion 1 Rest ing/wal king/rel axing 1 Scuba Diving 1 Scuba diving 1 Sight seeing 1 Sit by wat er and enjoy t he view 1 Sit t ing relaxing near t he wat er 1 Swimming 1 T O WAT CH 1 T o sit and gaze at t he wat er 1 Ot he r: P l e as e s p e c if y act ivit y t ype Co unt T ot al s 4 6 6 Page 116 of 472 Use t he park as a saf e place t o meet f riends and be social l y dist ant 1 Wal king 1 Wal king al ong dock in of f hours 1 Wal king mydog , sit t ing by t he wat er, swim ming 1 Wal king t he dog 1 Wal king, sit t ing wat ching boat s.1 Wal ks al ong t he wat er, sit t ing and admiring t he view, l aunching boat 1 Wal ks and l et t ing my dog go f or dip in t he wat er 1 Wal ks, sit t ing on docks 1 We recent l y discovered t his area and see it as highl y desirabl e f or bot h boat l aunch and picnicking. We are pl anning on buying a boat and woul d l ike t o use t his area. 1 boat launch, f ishing would be nice but i believe it s post ed t o prevent f ishing and a pl ace t o sit and rel ax. 1 enjoy wat erside 1 enjoyment 1 t o check sit e 1 wal k 1 wal king 1 wal king dog wal king et c 1 wal king t he area 1 T ot al s 4 6 Ot he r: P l e as e s p e c if y act ivit y t ype Co unt 7 Page 117 of 472 3 . How f r eq u en t l y d o you visit t h e Ch ip p awa B oat Ram p Par k: 20 % 0-5 Times pe r Season20% 0-5 Times pe r Season 2 8% 6-1 0 Times per Se ason28% 6-1 0 Times per Se ason 4 2 % 1 1-20 Times per Se ason42% 1 1-20 Times per Se ason 11 % Other: P le ase s pecify the number of v isits per sea son 11 % Other: P le ase s pecify the number of v isits per sea son Val ue Pe rce nt Re s po ns e s 0-5 T imes per Season 19.7%99 6-10 T imes per Season 27.7%139 11-20 T imes per Season 4 2.0%211 Ot her: Pl ease specif y t he num ber of visit s per season 10.6%53 T o t a l s : 50 2 Ot he r: P l e as e s p e c if y t he numbe r o f vis it s pe r s e as o n Co unt Daily 4 25 2 50 2 20+ per season 1 20+. Everyday if possibl e 1 T ot al s 53 8 Page 118 of 472 208 t imes at l east 1 25+1 3-4 t imes per week 1 30 1 30+1 30+ t imes per season 1 30-50 t imes 1 365 1 4 t imes a week 1 4 t imes a week f or April t o November 1 4 0 or more 1 4 0-50 1 50 and great er 1 50 t imes t hroughout t he year 1 50+1 60 1 90 1 Al most dail y whil e walking my dog 1 Al most every weekend 1 At least once or t wice a week.1 Boat mechanic and hel p buil d t he dock.1 Can no longer visit . T oo congest ed unsaf e 1 Daily. I see everyt hing t hat goes on t here 1 Ot he r: P l e as e s p e c if y t he numbe r o f vis it s pe r s e as o n Co unt T ot al s 53 9 Page 119 of 472 Every Day 1 Every m orning 1 I woul d l ike t o visit in summ er but cant get in. No parking. I woul d l ike t o swim.1 Launch 4 -5x per week during boat ing season 1 Live across l aunch boat every chance we get . Don't know how many t imes a season 1 More t han 20 and l ess t han 50 1 More t han 4 0 1 More t han 60 t imes f rom May t o oct ober 1 Weekl y som et imes dail y. Weat her dependant 1 Weekl y 2 t o 3 t imes 1 When not over congest ed, dail y!1 Wit hin wal king dist ance of m y house probabl y 50-100 t imes a year 1 about once a week 1 cut t he grass, pick up t he garbage, chat wit h t he dog wal kers 1 every day 1 f ew t im es a week in Jul y/August 1 have not used yet .1 over 50 1 sight seeing 1 year round, we l ive in t he area 1 T ot al s 53 Ot he r: P l e as e s p e c if y t he numbe r o f vis it s pe r s e as o n Co unt 1 0 Page 120 of 472 4 . Wh il e v isit in g t h e f acil it y, h ave y ou ever h ad con cer n s r eg ar d in g wh er e t o p ar k y ou r v eh icl e WI T H a t r ail er : 32 % No32% No 42% Ye s: Ple ase specify if we ekda ys or we eke nds 42% Ye s: Ple ase specify if we ekda ys or we eke nds 27% Not Applica ble27% Not Applica ble Val ue P e rce nt Re s po ns e s No 31.5%159 Y es: Pl ease specif y if weekdays or weekends 4 1.9%211 Not Appl icable 26.6%134 T o t a l s : 50 4 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt Weekends 59 Bot h 19 Weekends 11 bot h 10 Weekend 7 weekends 6 T ot al s 203 1 1 Page 121 of 472 Weekend 4 Bot h 3 Al l t he t ime 2 Weekdays 2 Weekends and weekdays 2 weekdays and weekends 2 Not enough parking 1 Al l t imes 1 Any t ime 1 Bot h - peopl e park t heir cars wit h no t railer in t he t railer spot s 1 Bot h during sum mer mont hs 1 Bot h on nice days 1 Bot h week days and weekends 1 Bot h weekdays (evening) and weekends are a night mare 1 Bot h weekdays and weekends 1 Bot h weekdays and weekends cause t he cars park in t he t rail er parking spot s along wit h and when over crowded t he overf l ow is all al ong Lyons Creek Road and "al l " t he side st reet s 1 Bot h weekends and week days 1 Bot h, but most l y weekends 1 Bot h, more of t en weekends. Passenger vehicl es of t en park in t rail er spot s, somet imes t aking up ent ire spot , not allowing f or 2 vehicl es vast l y reducing avail abl e spaces f or t rail ers. Of t en required t o park on side of st reet 1 Bot h,peopl e wit h cars park in t he t rail er slot s 1 Bot h.1 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt T ot al s 203 1 2 Page 122 of 472 Bot h. Cars bl ocking you and t rail er in 1 Bot h. Whenever it 's warm out t here are a crazy amount of peopl e 1 Depends on t he day. It 's always dif f erent 1 Every day of t he week 1 Every t ime 1 Hol iday weekends I dont even bot her peopl e are parked on t he road it s so f ul l .1 It is a concern because peopl e leave t here cars in t rail er parking 1 It 's very hard on weekends t o f ind a spot unl ess you go reall y earl y in t he morning you have t o park som ewhere else 1 Many l ong spot s f or t railers occupied by vehicl es wit hout t rail ers 1 More on weekends 1 Most t imes during t he sum mer 1 Most weekend's 1 Most weekends 1 Most l y weekend but during t he week as wel l 1 Most l y weekend where Vehicl e Wit h T rail er have no place t o park because t hose wit h vehicl e onl y t ake t he t rail er spaces! Why? Because t his cit y has no f ort it ude t o hand out consequences t hat mat t er t o t he viol at ors. 1 Most l y weekends 1 Most l y weekends 1 Most l y weekends but of t en during t he week al so 1 Most l y weekends but weekdays as wel l .1 Never anywhere t o park vehicl e and t rail er as cars are al ways parked in t rail er parking. T oo many peopl e swimm ing t o saf el y maneuver boat t o get in and out . 1 Not sure 1 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt T ot al s 203 1 3 Page 123 of 472 Onl y since covid 1 Parking is t errible t o many non boat ers someone is going t o get hurt wit h all t he kids running around hard t o see t hem when driving wit h a boat behind you. 1 Since Covid, vehicle and t rail er parking has been t aken over by non boat ers, daily.1 Since t he pandemic, peopl e f rom out side Chippawa have t aken over t he l arge spot s t hat shoul d be used f or a vehicl e and t rail er, t hus boat ers are f orced t o park on Lyons Creek Road. Init ial l y t his probl em was mainl y on weekends and hol idays but wit h peopl e not working it is happening 7 days a week. T he congest ion and inf l ux of more peopl e have onl y added t o f rust rat ion. And now swimm ers have t aken over and t here is no discipl ine or respect f or t he boat ers. T his was never a swimming hole. We had a nice swimm ing beach at Kings Bridge Park where locals coul d swim and picnic saf el y wit h a l if eguard. T hat was t aken away and we are l ef t wit h t his mess! We need a saf e sol ut ion because swim mers shoul d not be in t he vicinit y of boat m ot ors t rying t o l aunch or ret urn. 1 Singl e cars t ake up many of t he t ruck/t rail er parking spot s 1 T he t ruck/t rail er spot s were occupied by cars during t he week and al so on t he weekend. 1 T o many peopl e using boat docks f or swimming and sun t anning wit h no respect f or t he boat ers 1 T ypical l y weekends and af t ernoon summer m out hs 1 WEEKENDS 1 Weekday af t ernoons and weekends 1 Weekdays in mid sum mer t oo many cars t aking spaces 1 Weekend and hol idays 1 Weekend are al ways t o busy wit h car my concern is how t o t he f ire boat s get in 1 Weekend because of non boat er using t rail er l ane 1 Weekend's 1 Weekends and sum mer mont hs 1 Weekends especial l y, weekdays somet im es.1 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt T ot al s 203 1 4 Page 124 of 472 Weekends mainl y 1 Weekends most l y but al so on weekdays 1 Weekends most l y, and holidays.1 Weekends t oo many non boat er parking 1 Weekends vehicles double up and t ake up boat /t rail er spot s 1 Weekends, holidays 1 Weekends, holidays, weekdays 1 Weekends.1 Worse on weekends 1 af t er 4 pm weekdays 1 al l boat parking is f ull 1 al l t he t im e 1 bot h weekday and weekends 1 most ly weekends 1 most ly weekends and all sum mer days 1 no soaces avail abl e 1 only when parking l ot is f ul l t hat woul d be m ost l y weekends 1 weekdays af t er 4 and weekends / hol idays 1 weekend 1 weekends 1 weekends and weekdays 1 weekends are ext remely busy som et imes cars park where t rail er parking is< shoul d be f ined!!! 1 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt T ot al s 203 1 5 Page 125 of 472 weekends f or sure no parking is avail abl e 1 T ot al s 203 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt 1 6 Page 126 of 472 5 . Wh il e v isit in g t h e f acil it y, h ave y ou ever h ad con cer n s r eg ar d in g wh er e t o p ar k y ou r v eh icl e WI T HOU T a t r ail er (p as sen g er v eh icl e): 52% No52% No 2 4 % Yes: Pleas e spe c ify if wee k day s or wee kends 2 4 % Yes: Pleas e spe c ify if wee k day s or wee kends 24 % Not Applicable24% Not Applicable Val ue P e rce nt Re s po ns e s No 52.0%260 Y es: Pl ease specif y if weekdays or weekends 24 .2%121 Not Appl icable 23.8%119 T o t a l s : 50 0 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt Weekends 39 Bot h 16 Weekend 9 Weekends 6 bot h 4 weekends 4 T ot al s 113 1 7 Page 127 of 472 Weekend 3 WEEKENDS 2 Weekdays 2 Al l t he t ime 1 Al ways 1 Bot h week days and weekends 1 Bot h weekdays and weekends in high peak t im es 1 Bot h weekends and weekdays 1 Bot h, weekends are impossibl e 1 Evenings weekends 1 I'm not f ar so I wal k down but because I do I see all t he overf l ow of cars on t he side st reet s cause of no where t o park bot h weekdays and weekends. 1 Mornings are l ess busy, but f rom 12 noon onward, very concerned.1 Most of t he t ime t here no where t o park cause non boat ers are using t he parking spot s 1 Not sure 1 Peopl e parking where ever t hey l ike 1 T hurs-sunday 1 Weekdays 1 Weekdays and weekends in t he summer 1 Weekends and som e weekdays 1 Weekends and som e weekdays 1 Weekends especial l y.1 Weekends limit ed parking due t o vol um e 1 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt T ot al s 113 1 8 Page 128 of 472 When a t ournament has t aken over t he l aunch.1 avoid st opping if no parking space 1 most ly weekends and all sum mer days 1 no parking avail able 1 weekdays 1 weekdays and weekends 1 weekends 1 weekends most l y 1 weekends.1 T ot al s 113 Ye s : P l e as e s pe cif y if we e k d ays o r we e k e nds Co unt 1 9 Page 129 of 472 Re s po ns e ID Re s po ns e 12 Nah 13 Nah 18 Cars wit hout t railers t aking up t he t rail er spaces. al l parking shoul d be paid parking wit h guard l ike Sugarloaf in Port Colborne 19 Not parking t o m any adul t s drinking smoking pot on t he docks t he minut e t he cit y worker l eaves t hey just st art up , and t hey t ake most of t he dock up 20 Swimming in boat l aunch and get t ing in t he way of boat s 21 Peopl e swimming in t he boat l aunch 22 No 23 No 27 Y es, cars parked al ong t he sides, peopl e parking a car I. T he middl e of a t rail er spot . Double parking and bl ocking ot hers. 29 T he parking l ines and direct ional arrows have f aded signif icant ly. Al so, t he l ot is not pedest rian f riendl y. 30 I run al ong t hat st ret ch of t he road and al l t he t rail ers make it dif f icul t t o st ay on t he shoul der 6 . Wh il e v isit in g t h e f acil it y, h ave y ou ever exp er ien ced an y t r af f ic r el at ed s af et y or p ar k in g con cer n s? Pl eas e com m en t : par kingpeople boa t tra iler trail ers cars parklotroad spot s launch ve hicles p arke d ra mp b oat s or s wi mmi ng t raf f i c are a bus y ki ds cre e k dock chi l dre nspaces 2 0 Page 130 of 472 31 On l ong weekends t he ent ire area is f ul l of vehicles, incl uding t he green spaces 32 Y es, peopl e f rom out most own seem conf used. Congest ion in roadways when peopl e park cars/t rail ers al ongside t he road 34 No not yet 35 Peopl e driving f ast in t he parking l ot , not paying at t ent ion t o t hose wal king. 37 Y es, peopl e wit hout t rail ers parking in t hose spot s 4 1 No 4 2 Peopl e swimming in t he ramp areas 4 5 Vehicl e and t railer spot s are t aken by singl e vehicl es, which m akes it necessary t o park on t he road, which causes obvious saf et y issues. Unsupervised children playing in t he boat l aunch areas causes great concern of serious personal injury. 4 8 yes l ot s of f t rail er on t he side of f t he road 4 9 Y es. Peopl e are doubl e parking t heir singl e cars in t he t railer parking spot s so t rail ers have t o park on t he sides/road. 52 Cars lined up al l al ong t he st reet . Improper parking in t railer spot s. Parking on grass. Back ups at int ersect ion. T rucks/boat s having dif f icul t y at ramp due t o pedest rians/swimmers. 54 No 60 No 62 it s a boat ramp yet I al ways have t o park on t he road as t here are cars parked where t he t rail ers are supposed t o park 63 No 65 t o many peopl e swiming in t he launch while t rying t o get my boat in. 67 During t he summer when everyone is using t he boat ramp as a beach, t he t raf f ic is incredible and somet imes dangerous f or t hose wal king or biking around t he park 69 no 70 No Re s po ns e ID Re s po ns e 2 1 Page 131 of 472 72 Had t o park on t he shoul der a coupl e of t imes, t ry t o get m y boat in and out as quickl y as possible and t o have t o run t o t he road, wait f or t raf f ic and t ry t o get t hrough t he parking l ot is st ressf ul! 75 No 76 Y es,parking on t he road wit h t rail er because cars parked doubl ed up in a t rail er sl ot 77 Parking lot over congest ed 78 Y es. Y ou cannot saf el y park or put your boat in t he wat er due t o peopl e swim ming. 80 Y es peopl e park all over walk al l over and swim behind boat s whil e t rying t o l aunch and park 83 Al l t he t rail ers and t rucks on t he side of t he road 85 Peopl e parking il l egal l y 86 Y es. Far t oo many people boat ing and swimming. Many f rom out side t he Chippawa area which raises concerns of saf et y....especial l y during a pandemic. 87 Overcrowding, unsaf e driving, uncl ear direct ions 88 Y es, t here are t oo many vehicles wit hout t rail ers parked making it hard t o navigat e a t rail er 89 Y es, card not parking in designat ed spot s making it very dif f icul t t o maneuver a t rail er. 92 Y es, kids swim ming in t he boat ramp. People parking cars in t he t rail er spot s and having t o park on t he road and walk t o mu boat 93 No but I go when it 's not t oo busy. 95 Y es al l t he t ime wit h kids running around whil e t rying t o l aunch your boat 96 Y es, way over crowded, not enough parking. T oo many cars using t railer parking spot s causing vehicles t o park on t he road. Serious saf et y concern. 97 Parking a t rail er on t he side road because of no parking spot s is dangerous. Especial l y when walking down t he road t o join your boat . Also people st anding and swimm ing in t he ramps Re s po ns e ID Re s po ns e 2 2 Page 132 of 472 98 Peopl e parking vehicl es wit hout t rail ers in t he designat ed t rail er parking 99 Peopl e not paying at t ent ion 100 Swimmers in t he wat er near t he ramps 101 NO 102 No 103 It get s very busy on weekends, but t here has been enough parking every t ime 104 Cars parking in t rail er spot s, t oo many people f rom out of t own. 107 Y es, peopl e not f ol l owing t he direct ional arrows or peopl e wit h t railers not f ul ly pul l ing int o parking spot s and over hanging t he road way 108 Y es pull ing out can get hect ic at t im es 109 Y es, kids wal king behind m y boat as I am backing int o t he wat er 111 No 112 Y es, cars are parked al l up and down t he Main St reet and t ravel l ing t hrough is dangerous, as t here appears t o be swimmers or raf t ers at t ending t he boat l aunch area. Boat launches and swim mers/f l oat ers don't mix! 113 No 114 T oo m any t racks wit h t rail ers parked at t he side of t he road 117 No 121 Speeding, cars parked in t rail er spot s cars and t rail ers parked along t he road. 122 Just no parking wit h my t railer, because peopl e wit hout t rail ers t ake up al l t he parking spot s. 123 Y es. Parking al l over t he roads, bot h sides, very congest ed 124 Congest ed int ersect ion 125 T o much t raf f ic al ot of non l ocal s now using f or swimm ing as well as locals since t he doc up t he river was vanderl ized and cut l oose Chippawa al so has many new homes and it can sust ain t he popul at ion anymore Re s po ns e ID Re s po ns e 2 3 Page 133 of 472 128 Y ou call t his a boat l aunch but it seams t o have t urned int o a picnic swim ming area. T here are more cars t han boat t rail ers and t hey swim in t he boat l aunch area and won't move. T hey t ie t heir boat s t o t he docks and part y right t here. When you come in t here is nowhere t o park your boat . I am a member of t he St . Cat harines Bassmast er and we st oped using t hat ram p because we have t o wait t o get our boat s out t o weigh in our f ish f rom a t ournament . It only t ake 10 min f or us t o pul l 15 boat s but nobody wil l wait or move f or us t o pull our boat s. So we don't use your BOAT ramp anym ore. It 's t o bad we can't use t his ramp af t er support ing your t own f or t he last 20 years. T hank you 132 Peopl e swimming in t he boat ramp area whil e t railering and launching a boat . Peopl e not having t heir boat /bel ongings ready t o l aunch 133 Y es. probl ems wit h weekend vol umes of t raf f ic l eading t o conf ront at ions over usages. 134 Many swimm ers and unat t ended yout h run right inf ront of vehicles driving. Many t eens al so jum p. Bet ween boat s and t rail ers during l oading and unl oading 136 No, but peopl e need t o learn where t o park 137 Cars park where vehicl es wit h boat s and t railers shoul d be 138 No 139 No 14 0 Y es, t o many vehicles and not enough spot s 14 1 Onl y concern is locals parking vehicl es t here f or days since t hey have no room in t heir driveways 14 3 Ot her t han cars in where t rail ers shoul d be 14 4 N/A I just wal k or if I've driven a car t here has al ways been plent y of parking. 14 6 T oo m any kids running around in parking l ot again since covid 14 7 No 14 8 A boat l aunch is f or boat s and swimm ing shoul d be done el sewhere. Someone wil l be seriousl y injured by a boat if t hings are not changed. Never have I seen a boat l aunch and swim area in t he sam e l ocat ion. 151 Rescue boat s not being abl e t o l aunched, t hat was part of t he reason f or t he second ram p Re s po ns e ID Re s po ns e 2 4 Page 134 of 472 154 no spaces availabl e 155 No 157 Peopl e having t o park on t he st reet . 159 No 161 Y es, not enough spaces so peopl e park in unsaf e areas, t here are lines ups and f ight s over parking 163 Peopl e park al ong Lyons Creek rd, inf ront of my house. Som et imes on t he grass, I cut , bet ween my house and m y dock. 164 No 166 Y es 167 many cars parked al ong road 169 No 171 Y es.. Impat ient boat ers. 172 Line ups t rying t o get in, peopl e t rying t o pull out ont o Lyons Creek road wit h or wit hout a t rail er. Pl us pedest rians al ways on a hot day. 173 T here was a not iceabl e amount of peopl e wal king t hrough t he parking l ot as I was approaching t he ramp 174 Signif icant amount of t raf f ic especial l y parking on Lyons Creek road and so cl ose t o an int ersect ion wit h onl y a st op sign. 175 Y es cars parked on road obst ruct ing view of road t o saf el y exit 176 just miserabl e boat ers squawking about swimming in t he l aunch, when t his has been happening f or decades 177 No 178 Y es! I have seen verbal and physical f ight s over parking spot s I have seen bot h children and adul t s narrowl y being hit due t o it being over crowded and many many argument s wit h peopl e t rying t o back t here car/t rucks wit h boat s on t here t rail ers (some l arge) and empt y t rail ers because of bot h chil dren and adult s running down t o t he l aunch/wat er t o go and wade int o t he wat er al ong wit h peopl e wit h t here f l oat at ion devices wal king/running int o and out of t he wat er. Re s po ns e ID Re s po ns e 2 5 Page 135 of 472 180 t es t oo m any t rail ers parked on t he roadd 181 Y es, have had t o park boat t rail er on t he road due t o no avail abl e spot s in t he parking l ot . Al so had some you g chil dren swimm ing in t he boat l aunch when t rying t o t rail er my boat . T hey woul d not move 182 Peopl e parking t heir cars not in parking spot s making it dif f icult t o maneuver wit h t rail er. Peopl e parking t heir cars in t rail er spot s. 183 Boat s l aunching int o wat er right beside swim mers 184 T wice l ast summer m y t rail er was hit . Person l ef t inf ormat ion and anot her t ime a person zipped t hrough as we were reversing our t rail er int o t he ramp and we hit t he vehicl e. T here were cit y workers t hat evening who worked wit nessed. 185 No, everyone underst ands t he t raf f ic sit uat ion f or t he most part 186 Very high vol ume of t rail er t raf f ic and parking of vehicl es and t railers inappropriat el y, such as on grass and al ong roadway 188 Cars shoul d not park in t rail er spot s and swimmers shoul d not be in t he boat l aunch area t here is pl ent y of space f art her down t he dock. 189 Cars parked al ong t he road when t he l ot is f ul l , can't see oncoming cars t o l eave l ot . 191 Y es, l ong l ines t o launch. Park parking in t rail er spot s wit hout a t railer. Mul t ipl e t ime had t o park wit h m y t rail er on t he st reet 192 Y es t here is t o many occasions where kids are running around or f amil ies not paying at t ent ion t o boat s. A l arger probl em is t hat a l ot of peopl e do not get t he boat ready unt il just bef ore l aunch. T his means t hat t he boat l aunch is empt y because t here is no way t o pass t he l ine of boat s which are occupying t he space in f ront of t he dock. T here coul d be a st aging area f or t hese peopl e, I know t his isnt real l y a problem wit h pl anning but wit h t he peopl e using t he space, but al as. I woul d wish t hese peopl e eit her get t he boat ready at home and l aunch wit hin a f ew minut es inst ead of occupying t he space in f ront of t he launch f or 15m inut es . T his makes using t he chippawa dock a hassl e, I f or one avoid it when I can. It t akes m e 1-2 m in m ax t o drop t he boat and park t he car. T his is not t he st andard unf ort unat ely wit h everyone and a space designat ed f or t hese peopl e t o l earn t he ropes woul d be good. 193 No 194 Y es. Over crowded Re s po ns e ID Re s po ns e 2 6 Page 136 of 472 195 T ight parking l ot 196 T imes t hat t rucks and boat s and t aking addit ional spot s 197 Conf using t o have l arge and sm al l parking spaces, som et imes boat s are back t o back t o get in. Not saf e f or me at t im es t o get kayak over by mysel f . 198 No 202 No room f or t rail er, singl e cars overt ook 204 T here is high volume on t he weekends but I f eel saf e. Picnickers do congregat e around t he access point kayaks and canoes us t o t he l ef t of t he ramp. 205 No 208 Not enough parking spot s or room f or t he boat t rail ers t o maneuver. Cars, t rucks and t rail ers parked at side of road because not enough spot s. 209 Y es. 210 Y es swim mers in t he boat l aunch areas and unsupervised chil dren running in parking l ot f rom st ruct ure. 212 Absol ut el y. Non resident s t reat t his parking l ot l ike a carnival . Many t imes kids and dogs have run in f ront of our vehicl e. Peopl e park anywhere t hey want incl uding side roads and along Lyons Creek. Pedest rians wal k out bet ween parked vehicl es wit hout l ooking and get ext rem el y viol ent if you engage or use your horn. 213 Y es. Parking l ot t oo sm al l . Cars wit hout t rail ers parking in t rail er spot s l eaving no parking f or t rail ers 215 Y es, t raf f ic on t he docks and mot orized vessels. Not saf e f or me when I l aunch my paddle board, al so when wat er l evel s are very l ow it 's hard t o l aunch my board f rom a f ixed height wood docks, big risk t o f al l int o t he wat er( not pl easant when t oo col d) 216 No Re s po ns e ID Re s po ns e 2 7 Page 137 of 472 221 Basic ramp et iquet t e is a l ost art f orm. I real ize it 's not t he cit y's responsibil it y but wit h m assive inf l ux of ramp users and t he l ack of knowledge most of t hese people have f or what shoul d be basic loading and unl oading it 's a miracl e no one has been seriousl y injured. T here are a l ot of swim mers which I have not hing against and in f act support t hem using t he dock however peopl e don't seem t o underst and t hat boat ownership doesn't mean t hey have any boat knowl edge and again it 's a miracl e t hat no one has been seriousl y injured by a boat or t rail er f or t hat mat t er. 222 Peopl e driving t he wrong way in parking l ot as it s backwards 226 Nope 228 Many peopl e drinking al cohol at ramp/at vehicles and t hen get int o t heir vehicl es and drive away. Al so, have al most been st ruck whil e wal king my dog num erous t imes. 229 Very busy. People al l over. 230 No 232 No I have not . 233 No 239 T oo m uch parking on side of rosd 24 1 Most l y et iquet t e of peopl e wait ing 24 2 It def init el y is a busy spot t hat 's f or sure however it 's no busier t han any ot her boat ramp in t he cit y so I'm not t oo sure what t he goal is of t he st udy. Are you l ooking t o expand parking? Or are you l ooking at adding parking met ers or t icket s. Parking met ers won't hel p t he sit uat ion, as t he parking l ot wil l st il l f il l up. I t hink t he response f rom l ast year was purely due t o COVID, and t he majorit y of peopl e st aying home. If you do consider a f ee, I bel ieve a boat l aunch f ee is more appl icabl e, because users will f ind a f ree ramp. Ot herwise, don't do anyt hing. 24 3 Y es t he cars t hat come in somet im es dont know t ruck wit h t rail er need room 24 6 no 24 7 Y es. Cars wit hout t rail ers are everywhere. No where t o park wit h t rail er 24 8 No 250 Cars wit hout boat s parked in boat spaces, car owners argum ent at ive Re s po ns e ID Re s po ns e 2 8 Page 138 of 472 254 Y es. T here are many t im es t here has been no parking 255 yes, congest ion 259 Vehicl e onl y in T rail er parking spot s whil e t rucks wit h t rail ers are f orced t o t he st reet whil e t his cit y st af f sl eeps and f ail s t o do t heir job and f ail t o deal wit h suf f icient consequences. 262 no 264 Not t hat i have personal l y had a problem but it is insane wit h people swim ming right in l aunch l anes. Very dangerous and f rom what i have wit nessed. ..parking is insane. Cars t aking up spot s t hat are f or vehicl es wit h t rail ers 265 Cars al one park where t rail ers wit h vehicl es are supposed t o park leaving not enough spot s. Al so peopl e go t he wrong way al so making it dif f icul t t o manoever out of spot s 266 No 269 No, f or t he m ost part peopl e are responsibl e. 270 Lot s of singl e cars parked and peopl e wal king by t he ramps 274 Children swimming in and around t he docks whil e boat s are l aunching/landing 275 Y es, it is a "f ree f or all " on weekends wit h peopl e parking al l over t he pl ace & bot h sides of t he road! 278 yes, som e peopl e dont pul l f ar enough away f rom ramp af t er pulling boat out causing l og jam f or peopl e want ing t o back in 279 Peopl e not st opping at st op signs in Chippewa, speeding al l t hrough Chippewa and no pol ice anywhere ever. 281 No 285 T ight parking l ot f or t railers and cars 289 None t hat I've experienced just a larger group of peopl e f rom out of t own ie great er T oront o have discovered it s t ranquil cl ean spot . It makes f or m ore congest ion Re s po ns e ID Re s po ns e 2 9 Page 139 of 472 291 Al l t he t ime. Parent s are wat ching children. T eenagers running around. Drivers coming in not f ol l owing arrows. Speeding. Fight s over improper parking. Drunks coming of f boat s. No respect or court esy f or who is next in l ine. No respect f or Fireboat s when t hey ent er. T oo many peopl e in way. Drinking/t ail gat ing in parking lot 292 No.. t he communit y and people are respect f ul , kind, considerat e, f air and it 's wonderf ul 293 Not personal l y, but it is of t en quit e busy 295 Y es peopl e parking vehicl es wit hout t rail ers anywhere t hey want reducing space t o manuver vehicles wit h t rail ers whil e pedest rians are wal king around 297 Congest ion. Lot s of people handing out 299 No 301 Y es 302 Ot her t han a lot of pedest rians being on t he parking compound, no serious concerns if people drive caut iousl y 303 Y es, ppl doubl e park 305 No 306 When t he l ot is f ul l many peopl e park al ong t he st reet . It is dif f icul t t o saf ely drive t hrough t he l ot and along t hat port ion of Lyons Creek road 308 None 311 Vehicl e going wrong way in l ot 313 cars parking in vehicle/t rail er parking spaces 315 No 316 Y es every t ime I t ry t o dock my boat t here are peopl e t rying t o jump int o t he wat er t here have been a f ew t im es I have al most hit peopl e because t hey are carel ess and not paying at t ent ion t o t he boat ers you shoul d not be abl e t o jum p of f t he one port ion of t he dock it 's f or boat s not f or peopl e t o be jum ping in wat er peopl e wil l event ual l y get hurt if you allow t his t o cont inue 318 yes. al most every poorly parked vehicle is wit hout a t rail er. passenger vehicl es t ake up t oo m any t rail er spot s, or park in ways t hat int erf eres wit h t rail ering. Re s po ns e ID Re s po ns e 3 0 Page 140 of 472 319 No not real ly ... just peopl e not f ol l owing t he t raf f ic arrows and driving out t he in or in t he out . 320 Errat ic wil d parking al l over t he pl ace 321 No 322 Y es, cars parked in area designat ed f or vehicles wit h t rail ers 323 Out of t own people don't know where t o park, park on grass areas, exit ing concerns et c 324 No 325 No 328 Y es 329 No 330 Lack of 4 way st op 333 Y es. I've been t here when it was very busy and peopl e were wal king around t he parking and right in f ront of t he boat l aunches get t ing in t he way of vehicl es 334 Y es, overcrowding and peopl e parking on t he grass and on t he shoulders of t he main road 336 Y es. Bl ocked in by t oo many t railers, not enough sl ips 337 Y es t o many idiot s drinking,part ying 338 Mongering bet ween parked t railers t o get a vehicl e parking space. 339 No 34 1 Ent rance and exit direct ion of t raf f ic is conf using 34 4 jet skis are a big probl em t hey drive l ike m aniacs right up t o peopl es boat s at high speed and in t he no wake zone t hey dont care ban all jet skis 34 9 No. People come and go a l ot . It 's a big area. 350 Some peopl e are unf amil iar wit h t he proper f low of t raf f ic f or t he parking l ot which can cause some chal l enges and saf et y concerns. Re s po ns e ID Re s po ns e 3 1 Page 141 of 472 351 Y es, ext rem el y busy and not a great deal of room t o manoeuvre 355 Y es. Peopl e going t he wrong way at higher speed t han you'd expect in a parking l ot 356 No. People who use t his l aunch are very pol it e and responsibl e. 357 Never. I'm al most al ways l aunching my kayak earl y morning... so parking is not a probl em. 358 Overf l ow parking on t he road 360 none 361 It can be very crowded on t he weekends. Accident s are bound t o happen. 362 No. We don't visit t he park when it is very busy 363 ? 368 Concern f or t hef t 369 Il l egal parking spot s in way of boat ers 370 No 373 Vehicl e vs peopl e 375 yes t rail ers are parking on grass inst ead of t he roadside adjacent our house t hat we have t o maint ain. T here needs t o be signage. 376 No 377 Y es 378 no 379 Y es! T his is a boat dock and boat s and t rail ers shoul d have f irst priorit y! T he cars t ake up t he spot s meat f or boat s and t rail ers l eading t he t rail ers t o be parked on t he road wit h causes t raf f ic concerns. T he swimming in t he boat l aunch areas is a huge issue t oo and causes back ups f or boat ers t o l aunch. 381 yes t rail ers are parking on grass inst ead of t he roadside adjacent our house t hat we have t o maint ain. T here needs t o be signage. Re s po ns e ID Re s po ns e 3 2 Page 142 of 472 382 Y es it is a boat ramp not a park. I t ravel all over sout hern ont ario have never seen a ramp where swim m ing is al l owed you t ry and back in and kids are running around peopl e f ishing of f dock while you are t rying t o come in just crazy. 383 Y es. Ot her peopl e t aking up t he boat t rail er parking wit h one single car. T hey need t o park in designat ed singl e car spot s and if t hey're f ul l , t hen f ind anot her pl ace t o park ot her t hen t he boat l aunch. Or wal k t o t he l aunch 385 Vehicl es wit h t rail ers on t he roadway 388 none 389 Y OUNG PART Y ING DRINKERS 392 T oo m any cars parking in spot s f or vehicles wit h t rail ers, f orcing t rail ers t o park on t he road and side st reet s. 394 Line ups due t o inexperienced drivers l aunching craf t , not cl earing t he ramp in a t imely manner 397 No 398 Many cars parking t oo close t o t he ramp. T his makes it dif f icul t f or peopl e l aunching t heir boat s. T his al so causes peopl e t o t ake t oo m uch t ime at t he ramp. 4 00 No 4 02 no 4 04 Y es. Many saf et y concerns as wel l as parking concerns. Peopl e picnicking and swim ming/f l oat ing are t aking t he t rail er spot s and al so it s very t roubling l aunching and loading t he boat wit h kids and adul t s swimm ing in t he l aunch and wal king across t he launch and crowding t he l ot . It 's ext remel y f rust rat ing. 4 05 no 4 07 Y es, many.. 4 12 Y es, peopl e f rom ot her cit ies f l ock here and don't abide by rules and t hink t hey can do what ever t hey want 4 14 Y es. T he one-way direct ional pat hs are somet im es ignored. 4 15 No Re s po ns e ID Re s po ns e 3 3 Page 143 of 472 4 16 No most ppl cooperat e 4 19 Y es chil dren pl aying on t he ramp and on t he dock. Non boat ers using t he dock as a beach. Busy days t his can be very dangerous. I avoid using t he chippawa ramp because of saf et y concerns. I inst ead go t o Miller's creek in f ort Erie. T his is very inconvenient , but necessary because of t he saf et y concerns. 4 21 No 4 26 Y es not enough space 4 29 T his is a boat l aunch and dock. It is in saf el y being used f or swim ming/sunbat hing m aking it very dif f icul t t o l aunch and ret rieve and boat as wel l as dock. 4 30 Wrong way passenger vehicl es; ot her t rail ers prepping f or road t ravel 4 31 It 's ovious when you have a heat wave a l ot of f peopl e show up but somet imes it alm ost em pt y only peopl e who.have l ocal access in f ront dock copl aain 4 34 Parking lot f ul l most summer weekends. Have t o park on t he road 4 35 Y es, we l ive cl ose by so wal k t o t he ramp. Frequent l y when t he l ot is f ul l peopl e park t heir vehicles on Lyons Creek Road. Wit h paid parking wil l t hings get bet t er or worse? 4 36 Somet imes t he access t o t he boat ram ps can be a problem and I launch my kayak f rom t he shorel ine t o avoid congest ion at t he ramp 4 38 Y es. all t he t railer spot s t aken up by cars. had t o park on t he side of t he road 4 4 0 No 4 4 1 No I haven't 4 4 3 Kids swimming at ram p 4 4 4 Y es, Many passenger cars improperl y parked and bl ocking access f or vehicl es wit h t rail ers t rying t o maneuver. 4 4 5 No 4 4 7 Y es. Walk t here so pay at t ent ion t o t raf f ic t o prot ect m ysel f . Fort unat el y drivers are general l y caref ul . Re s po ns e ID Re s po ns e 3 4 Page 144 of 472 4 4 9 Y es, parking area shoul d be f or vehicl es wit h a boat t railer onl y. Im pat ient cars t rying t o weave t hrough t o f ind a parking spot , not aware of how vehicl es wit h a t rail er need room t o maneuver. Amazing t here aren't col lisions. 4 50 Y es, peopl e parked everywhere not wat ching ,t aking up 2 spaces 4 54 Nope 4 56 No 4 58 I t ry t o use but during of f peak t imes. 4 59 no 4 61 no 4 63 No.Depends when you use it . 4 66 no, it 's al l good as it is 4 67 no 4 69 - it 's very dangerous having t he port abl e t oil et s so cl ose t o t he launch area. Kids are al ways running around whil e peopl e are t rying t o launch boat s or peopl e are headed t o t he washroom 4 71 When it 's hot out peopl e wit hout boat t rail ers park where t he peopl e wit h t rail ers are supposed t o park m aking us park on t he road 4 73 Cars in boat t rail er spot s 4 74 Y es. Hard t o pul l out when cars parked not in a spot 4 76 Kids and parking 4 79 No 4 80 Cars t aking al l t he t rail er spot s 4 81 It 's way more organized t han t he ol d days! 4 88 Y es, no spot s 4 89 T he parking l ot does get busy but parking is cl earl y marked, pedest rian t raf f ic is a great er saf et y concern in t he parking l ot t han ot her t raf f ic (chil dren running t hru t he l ot bet ween vehicl es) Re s po ns e ID Re s po ns e 3 5 Page 145 of 472 4 90 none 4 91 No 4 92 We t end t o go on weekdays because we know f rom past experience weekend's are f ar t o busy. 4 94 Parking bl ocking boat l aunch 4 95 No 4 97 l ooky loos bl ock t he ram p and t ake parking designat ed f or t rail ers. I had t o park on t he road. 500 NO 501 Y es. Cars parked in spaces dedicat ed f or t railer parking. Peopl e swimming where t hey shoul dn't be. 503 Overf l ow parking 504 No always go early in t he morning 505 Not real l y... But if you charge f or parking... Peopl e wil l just park al ong t he road and on side st reet s. 506 No 507 No, none. 508 No 509 Boat t rail ers up and down Lyons creek, t oo much t raf f ic. 510 yes, not enough room f or parking and pedest irans 511 l ot al ways jammed 513 On weekends and hol idays t here is no room t o park car and boat t railer and f requent l y have t o park on road. T his is a saf et y hazard. Cars wit hout boat t rail ers are parking in t he designst ed 514 Peopl e not knowing / caring proper direct ion t o drive or park vehicl es wit h t rail er Re s po ns e ID Re s po ns e 3 6 Page 146 of 472 515 On weekend & holidays unabl e t o park boat t rail er in parking l ot s, must park out side on Lyons creek road. T his is a saf et y hazard. Vehicl es wit hout boat t rail ers, peopl e are parking in designat ed t rail ers parking ilers 517 A l ot of chil dren in t he area of t he parking l ot ..seems t o be l ack of parent al supervision. It 's harder when l aunching a boat as t he use t he ramps f or exit ing/ent ering t he wat er 519 No 524 no 525 I somet im es walk t o t he f acil it y, and f ind crossing Lyons Creek Rd f rom Sodom Rd quit e dif f icul t at t imes. 529 No 530 No 535 Kids running around behind boat s t hat are being put in t he wat er 537 When t he parking l ot is f ul l t rucks and t rail ers are parked on bot h sides of t he Lyon's Creek Road in bot h direct ions which is a saf et y concern f or wal king, crossing t he road and t he sit e l ines are obscured f or vechicle t raf f ic when t rying t o exit Nassau Avenue ont o Lyon's Creel Road. 538 No 539 No 54 1 Y es inexperienced boat ers t hat park where ever t hey want . T hen t ie t heir boat t o t he out side dock f or t he day, t he t rail ers are not parked st raight (2 spot s) I t ook part in t he m eet ing and expressed many concerns. 54 3 congest ion 54 4 No 54 5 Peopl e parking everwhere 550 No 553 kid's pl ayground is t oo cl ose t o t he parking and boat l aunch 554 Y es, improper signage f or t raf f ic f l ow and l ine ups creat e a hazard f or peopl e wal king t o and f rom t heir cars Re s po ns e ID Re s po ns e 3 7 Page 147 of 472 555 Cars and boat t rail ers line up all t he way down Lyons Creek Rd in f ront of my house because t he l ot is f ul l 556 No 558 no 559 Y es, peopl e park al l al ong Lyon's Creek road which makes exit ing side roads dangerous due t o visibilit y issues. 561 yes, vehicles parked in t rail er spot s 563 No 564 Ent ering and exit ing arrows aren't f ol l owed 565 Y es kids running and pl aying people not parking properly peopl e hanging out in t he middl e people drinking and breaking bot t al s peopl e dumping garbage l it t ering and using it as a bat hroom pl us so much more 568 no 569 no 570 No 571 Poorl y indicat ed t raf f ic f l ow al ong wit h vehicl e t rail er parking l ines paint ed in wrong angl ed direct ion when pull ing out f rom launching. If t he l ines were angl ed t he ot her way when pul ling out of l aunch you woul dn't have t o t ry t o swing vehicl e and t rail er int o a spot 572 No 575 We wal k t here 578 No 579 no 580 No. 582 No. Re s po ns e ID Re s po ns e 3 8 Page 148 of 472 583 Usual l y onl y wit hin t he parking l ot it sel f . I've wit nessed t wo collisions occur at t he 3-way st op at Sodom Road, however t hose were bot h unrel at ed t o Chippawa Boat Ramp t raf f ic. T he gravel shoul der sout h of t he boat ramp is pl ent y l arge enough f or vehicl es and boat t rail ers t o park out side of t he t ravel l ed carriageway. Al t hough, paving t he l ayby area woul d be nice and reduce gravel spil lover. Simil arl y, paving a wider driveway apron at t he Chippawa Boat Ramp parking l ot woul d im prove l awn damage and gravel spil l over due t o t he high vol um e of boat t rail er usage. 584 Wit hin parking l ot . Vehicl es blocking t he boat ramp t rail er queue. 586 Peopl e swimming on t he boat ramp 590 My st reet is l ocat ed across f rom t he ent rance and during t he summer it is of t en dif f icul t t o t urn of f m y st reet or t o see oncoming t raf f ic due t o t rail er being parked in t he side of t he road 591 Y es, t he parking is not al igned and people ent er and l eave f rom t he sam e ent ry point s whe. T here coul d easil y be one designed f or ent ry and t he ot her f or exit . It is dif f icult t o see oncoming cars t oo. W 592 We have st opped once t o wal k t he area and see what it of f ers. 593 At peak t imes of day peopl e walking or using boat ram p as a way int o wat er wit h kids and dogs. 594 No 597 no 599 No, I t hink t he l ot is wel l designed 601 Conf used t raf f ic f low 603 Y es. More adul t s and chil dren use t he area f or swim ming t han boat ing. T his wil l not change so I t hink t he boat l aunch aspect shoul d be removed in f avour of swimming and recreat ional act ivit ies. 604 Y es, Al t hough I do not personal l y own a boat t rail er we of t en are invit ed by f riends t o accom pany t hem on t heir boat . T oo of t en I have seen vehicles wit hout a t rail er park in t he spot s designat ed f or vehicle w t railers. I of t en see heat ed argument s f rom individuals who have no considerat ion f or ot hers. It 's al l about t hem and if t hey t ake up a parking spot t hat is designat ed f or vehicl e and t rail er and t hey don't have one. T oo bad f or everyone else. We have not iced t hat t here is an increasing amount of out of t owers, occupying parking spaces and some of t hese are t he same ones t hat are not considerat e of ot hers. Re s po ns e ID Re s po ns e 3 9 Page 149 of 472 605 T he area is busy during cert ain days and t imes of t he week however everyone cooperat es and in some cases hel ps each ot her out and t hings run sm oot hl y. 606 Not not real l y. 608 Every t ime. Peopl e swimming in t he boat l aunch, driving t he wrong way in t he parking l ot . Many chil dren unsupervised around t he dock 609 High num ber of vehicl es parked incorrect l y due t o l ack of capacit y. 613 Peopl e swimming In l aunch 615 T here is al ways quit e a bit of t raf f ic on t he hot Sat urday and Sunday af t ernoons in t he summer. I bel ieve t hat more parking needs t o be added f or vehicl e & t rail er parking. T he addit ional parking t hat is on t he west end f or singl e vehicles shoul d be convert ed int o vehicl e&t rail er parking. T he ot her al t ernat ive woul d be put t ing in a secondary boat l aunch somewhere f urt her east down t he river. 616 Very busy on weekends, f ree f or all parking l ot 618 Y es, young peopl e drinking and smoking weed 619 NO 623 Y es cars parking in t ruck and t rail erspot s, el iminat ing a parking spot f or a t ruck and t rail er 628 Improper ent rance and exit f rom f acil it y. 629 yes 630 We avoid it when it get s t oo busy 631 No 633 Y es 635 Very busy t hroughout summer m ont hs. No real direct ions are seen. Concern t hat t here is not enough parking, ppl end up parking on t he road. Very congest ed area. 636 T o many non boat ers 638 No 639 No Re s po ns e ID Re s po ns e 4 0 Page 150 of 472 64 0 Y es overcrowded not enough boat t rail er parking 64 1 No 64 6 No 64 7 Just kids running around t he parking l ot . 650 No 652 Parking lot is al ways f ull , any t ime of day. 653 no 654 Y es one ent ry and one exit 655 no 657 paint ed t raf f ic arrows are rarely f ol l owed by t hose not t owing a t rail er 658 parking al ong st reet 660 Not in t he parking area 663 no 664 None 666 Quit e of t en wit h t he line ups f or l arge mot or craf t creat accessibil it y issues. Emergency vehicl es woul d be quit e chal l enged if t hey have t o respond f or an emergency 667 No 668 Y es. T oo many cars in t rail er spot s. Peopl e t el l ing at each ot her over it . Boat ers t ell ing at swimmers. Swim mers yel l ing at boat ers. 669 No 671 Y es, t here is some problems wit h t he amount of parking because t he arrows int o t he parking lot are on t he l ef t side obviousl y t o make t he wide t urn f or peopl e wit h t rail ers but it conf uses peopl e and t here is higher risk f or col lisions Re s po ns e ID Re s po ns e 4 1 Page 151 of 472 673 Peopl e blocking t he boat launch and parking in t he road when t here is nowhere el se t o park 675 Have had t o park on t he road numerous t im es. 676 No 677 Ot hers park t o close so t ruck and t rail er can't get out of it s spot . 678 No 679 no 681 No ... usual l y go during week when not so busy 683 No 685 None 686 Y es. Cars are l ined up everywhere wit h and wit hout t rail ers. T oo m any vehicl es and not enough spaces. T he st op at soddom , peopl e breeze t hrough 688 No 694 Y es kids running around, l oose dogs and singl e cars parking in boat and t rail er spot s 695 No 697 Y es, peopl e parking in boat and t rail er sect ion wit h no t rail er, st opping wit h t heir boat in t he way of ramps/l oading boat s 698 Y es. Peopl e unf amiliar wit h parking l ot going t he wrong way 700 Singl e cars parked and t rail er parking t aking up space f or t rucks and t railer. Peopl e who drive in, in cars reckl essl y t o get t o parking spaces. 701 Y es, vehicl es wit h t rail ers parked al ong t he road, t rying t o exit t heir vehicl es on a busy st reet 702 Y es. Overf l ow parking on and around Lyons Creek rd and Sodom rd, makes it dif f icul t t o see pedest rians or t raf f ic 705 No 706 I haven't personal ly but it can be a very busy area at t he 3 way st op. Re s po ns e ID Re s po ns e 4 2 Page 152 of 472 708 Y es, parking l ot very f ul l peopl e parking on road 711 No 712 No 713 Kids running around and in t he ram p whil e t rying t o back in t o l aunch boat or recover it 714 no 715 My concern is t hat peopl e park t here cars in t he spot s f or t railers l eaving no room f or us wit h t rail ers. 717 no 718 peopl e t ravel every which way, paint ed direct ional arrows woul d hel p 721 No 722 No 723 Not at al l 725 No 727 No 728 Peopl e don't underst and t he direct ion t o drive in t he l ot and t he narrow l ot makes it dif f icult f or peopl e wit h bigger boat s t o navigat e saf el y whil e backing up t o t he l aunch 729 No 734 Y es, swimmers ref using t o move f rom ram p 74 0 no 74 2 Y es, t he kids t hat hang put t here are vandal s 74 4 Very congest ed 74 5 Y es.. som e peopl e park t heir vehicl es wit h t rail ers in are as not designat ed f or bot h. Peopl e driving in & out of parking l ot in wrong direct ion. 74 6 No Re s po ns e ID Re s po ns e 4 3 Page 153 of 472 74 7 T eenagers swimm ing on t he ramp and rudel y ref using t o share t he ram p wit h boat s 74 9 No 751 Not t raf f ic or parking but wit h unsupervised chil dren pl aying in t he wat er at t he boat ramp 753 No 755 No everyt hing was perf ect 756 T oo m any cit y workers and t here t rucks t aking up parking spaces 758 Cars parked in way of boat l aunch 760 Y es 761 Can be ext remel y busy area at cert ain t imes 762 Swimmers 763 yes people wal king behind t rail ers as t hey are backing up 764 No 769 Some vehicl es wil l pul l around ot hers while l aunching / recovering boat s at t he l aunch, reckl essl y and al most hit pedest rians, or on t he st raight sect ions al ong side parking spaces, drive wit h excessive speeds 770 Persons parked in t rail er parking spot s inst ead of car spot s. As wel l peopl e are not f ol l owing t he t raf f ic arrows. 771 It can be busy when mul t ipl e peopl e at t empt t o unl oad and l oad boat s at t he same t im e. Al so peopl e are known t o dodge t raf f ic running across t he st reet t o t he f ood t ruck 773 Y es. T oo many swimmers wit h no concern over boat s t rying t o l oad and unl oad. 778 Y es ! Parking congest ion f rom peopl e ot her t han boat ers t aking up spaces designed f or vehicl es wit h t rail ers......al so pedest rians crossing in bet ween l aunching boat s 779 Al ways,chil dren unsupervised 780 It 's overcrowded Re s po ns e ID Re s po ns e 4 4 Page 154 of 472 782 Y es, alot of congest ion and peopl e not f ollow direct ions 786 Parking on main rd because it 's not big enough. 788 No 789 Just peopl e being jerks and impat ient 791 Y es., T his is a boat ramp . Shoul d not be a publ ic beach. T here is a dock t o swim at in Chippawa. It s by T im Hort ons.! 792 No where t o park. T o many peopl e not f ishing. Just hanging around. 795 No 796 Y es, peopl e parking al l over, sides of t he parking l ot not designat ed as parking. 797 Y es. T oo many cars parking wit hout boat t rail ers and not using appropriat e parking spot s 799 Not hing out of t he ordinary Re s po ns e ID Re s po ns e 4 5 Page 155 of 472 S t ro ngl y Dis agre e Dis ag re e Ne ut ral Ag re e S t ro ngl y Agre e Re s po ns e s Paid Parking (7 Days/Week) Count Row % 283 58.6% 60 12.4 % 4 8 9.9% 37 7.7% 55 11.4 % 4 83 Paid Parking (Friday t o Sunday Incl uding Hol idays) Count Row % 252 52.2% 53 11.0% 38 7.9% 69 14 .3% 71 14 .7% 4 83 Limit ed Parking (1-4 Hours) Count Row % 220 4 6.0% 92 19.2% 70 14 .6% 59 12.3% 37 7.7% 4 78 Limit ed Parking (4 -8 Hours) Count Row % 165 34 .4 % 55 11.5% 84 17.5% 134 28.0% 4 1 8.6% 4 79 Enf orce Parking Wit hin Vehicl e + T rail er Spaces Count Row % 74 15.2% 24 4 .9% 70 14 .3% 129 26.4 % 191 39.1% 4 88 Discount ed Season Parking Pass f or Cit y of Niagara Falls Resident s ONLY Count Row % 14 0 28.7% 36 7.4 % 56 11.5% 88 18.0% 168 34 .4 % 4 88 No Changes Count Row % 130 27.2% 77 16.1% 89 18.6% 58 12.1% 124 25.9% 4 78 T ot al s T ot al Responses 4 88 7. I n or d er t o m an ag e p ar kin g d em an d at t h is f acil it y an d in cr ease t h e en joy m en t f or al l u ser s , p l ease r at e t h e f ol l owin g su g g est ed im p r ov em en t s: 4 6 Page 156 of 472 8 . I f a s eason p ar k in g p ass was avail ab l e f or r es id en t s, h ow m u ch wou l d you exp ect t o p ay : 44% $25 .00 /Year44% $25 .00 /Year 1 3 % $50.00/Year13% $50.00/Year 5 % $7 5.00/Ye ar5% $7 5.00/Ye ar 3 8 % Other. Please s pec ify a mount: 3 8 % Other. Please s pec ify a mount: Val ue P e rc e nt Re s po ns e s $25.00/Y ear 4 3.9%217 $50.00/Y ear 13.2%65 $75.00/Y ear 4 .9%24 Ot her. Pl ease specif y amount :38.1%188 T o t a l s : 4 9 4 Ot he r. P l e as e s p e c if y amo unt :Co unt 0 22 $0 5 $0.00 5 0.00 5 10 5 T ot al s 187 4 7 Page 157 of 472 Z ero 4 $10 3 10.00 3 20 3 150 2 None 2 $ 10.00 1 $0 ... al l we need is a st icker f or cars wit h t rail ers t o make sure t hose spot s are not used by non-boat ers 1 $0 if we have t o pay t hat shows how much Niagaraf al l s sucks 1 $0 we pay enough 1 $0. Resident s shoul d be f ree 1 $0. t o $10.1 $0. we al ready are t axed enough. Our income l evel has dropped because of t he virus. Onl y one member of my f amil y is now working f rom a double househol d incom e. I woul d like t o enjoy t he pl easures of our area wit hout having t o l ike I'm t he t ourist who is being gouged. 1 $0...I've used t his dock / area my ent ire l if e...Niagara Parks al ready charges t o park everywhere...t he l akes have become inaccessibl e due t o parking issues and Covid and now you are suggest ing we need t o at t o park at a l ocal park essent ial l y...seems about right 1 $0..niagara.resident s arent t he probl em 1 $10 a year 1 $100 1 $100 year minim um 1 $15.00 max 1 $15/yr 1 Ot he r. P l e as e s p e c if y amo unt :Co unt T ot al s 187 4 8 Page 158 of 472 $150 1 $150.00 1 $20 or l ess.... LOCALs shoul d NEVER be charged t o park in a l ocal park or wat erf ront , l ook t o t he cit y of Sarnia Ont ario f or an exam pl e! 1 $20.09 1 $200/year 1 $25.00 1 $25.00 or l ess 1 $250 1 $5.00 1 .????????1 0 boat s onl y, move pl ayground,no sunbat hers on dock 1 0 dol l ars. T here are very f ew parks in Chippawa t o enjoy.1 0. St op t axing, f eeing, and permit t ing us t o deat h 1 0.0 1 0.00 f or Chippawa resident 1 0.00 f or chippawa resident s 1 10.00/year 1 120 a year 1 120.00 1 15 1 15 dol l ars per year 1 15-20 1 Ot he r. P l e as e s p e c if y amo unt :Co unt T ot al s 187 4 9 Page 159 of 472 150.00 1 5 dol l ars t ops. If you're going t o enf orce parking passes f or resident s it has t o be a great deal . Local resident s get t o enjoy virt ual l y not hing out doors wit hout paying excessivel y f or parking everywhere. 1 5.00 1 5.00 a year 1 A pass woul d incl ude al l boat l aunch al ong parkway at m aximum 25 f or non t rail er vehicl es and 50 f or vehicl es wit h boat t rail er l et t ourist pay high parking f ees! 1 Adding parking f ees wil l not sol ve t his probl em . Add signage t o put cars wit h t rail ers in l ong spot s, and cars wit hout near t he pl ayground. If t he pl ace is busy, creat e overf l ow parking on t he grass t o t he west 1 As a t ax paying resident of niagara I am al ready paying f or use of t he park via municipal t axes, I shoul dn't be f orced t o pay t o use somet hing I'm al ready paying f or 1 Base it on amount of usage 1 Bundl e wit h NPC parking and give Niagara resident s a break al ready 1 Chippawa Resident s $0! Ot hers Visit ors $250.00 1 Chippawa resident s shoul d not have t o doubl e pay f or somet hing we al ready pay t axes f or 1 Cit izens of NF, specif ical l y Chippawa shoul d not have t o pay t o enjoy our own lit t l e t own 1 Free 1 Free f or Niagara resident s.1 Free f or resident s 1 I don't bel ieve t hat charging is t he answer. Boat s and swimmers in t he same area when l aunching and t aking out our boat s is asking f or an accident . 1 I don't support paying t o park 1 I don't want t o pay anyt hing.1 Ot he r. P l e as e s p e c if y amo unt :Co unt T ot al s 187 5 0 Page 160 of 472 I hope not hing. No need t o add cost t o a good t hing 1 I live in Chippawa and pay t axes. Why shoul d I pay t o park? We al ready have t o pay t o park at Kingsbridge park,so now I no longer can enjoy picnics wit h m y f amil y in a park 5 m inut es f rom my house. We have t o pay t o park at Duf f erin island. It 's ridiculous. I m not a t ourist and pay t axes f or t he upkeep of t hese publ ic spaces, but can't af f ord t o go wit h m y f amily. Unf air. T ot al l y. Shoul d be f ree f or Chippawa resident s, discount f or Niagara f al l s resident s, f ull price out of t owners 1 I oay enough t ax and wit h pandem ic lot of f peopl e not working it s a bad idea maybe t he council or who brought up idea shoul d pay f or it 1 I pay $100 in f ort Erie a year and $120 in port and woul d be happy paying m ore "if " t here was some ef f ort t o have a ramp Seward on sit e t o hel p m anage people t hat need hel p at t he ram p. St .Cat harines has done t hat f or years and t he ramp is al ways smoot h saf e and wel l kept 1 I will pay what ever f or parking if t he cit y enf orces no swimming at t he launch 1 I won't be going t here if I have t o pay.1 I woul d need t o t hinj about t his, I dont want t hese ramps t o be paid, I woul d want a dif f erent course of act ion. T his is not a probl em wit h money and charging f or parking. 1 I woul d st op coming 1 I woul dn't pay period. I am a resident of Chippawa.1 If 100 ppl had t o buy t icket s, even wit h t hem, t here are so many t ourisrs we need t o wait in l ine. Just l ike Duf f erin Island 1 It shoul d be f ree, however shoul d be l ef t f or vehicl e + t rail er, as it is a boat ram p 1 It 's not about t he paid parking it 's about t he purpose of parking 1 Keep t he non boat ers out . If you want t o charge f or boat s goahead but som eone is going t o get hurt t here sooner or lat er and t he cit y wil l begiing t o court because t hey made it a park. 1 Local Niagara Fal l s resident s shoul d be allowed t o park f or f ree. I f ind on weekends an increase of non resident s. Charge t hem f or parking please l eave t he l ocal s alone 1 Locals t o be exempt ent irely 1 Maybe $10...but st il l not a f an of paid parking f or resident s who do use 1 Ot he r. P l e as e s p e c if y amo unt :Co unt T ot al s 187 5 1 Page 161 of 472 NONE CANT AFFORD ANY T HING 1 Nil 1 Nil ....I grew up in Chippawa and we used t he wat erways f ree f or years. NOw you even have t o pay t o park at t he l ocal swimm ing hol e? I gat her you aren't making enough money of f t he t ourist s Cit y Hal l ? 1 No charge f or l ocal resident 1 No f ee 1 None f or resident s! Y ou t ax us enough. Bill t he out of t own ppl 1 None, t his idea wil l not sol ve t he probl em 1 None. As a resident of Niagara Fal l s my expect at ion is t hat I can use t he amenit ies al ready in t he cit y. If it 's going t o be pay per use, t hen I'd expect t hat opt ion f or everyt hing el se in t he cit y 1 Not paying..1 Not hing 1 Not hing 1 Not hing, charge non resident s 1 Not hing, t his is get t ing ridicul ous pay t o park 1 Not hing. I wil l not pay t o park t here. I wil l go el sewhere 1 Parking f or area usage is T HE f act or. T his is a boat LAUNCH f acil it y ... NOT a swim ming area or beach 1 Parking passes should be issued f ree t o al l resident s of Niagara Fal l s. T ourist s and out -of -Cit y users shoul d be charged. 1 Parking shoul d be f ree f or a chippawa resident s.1 Pay only f or non boat ers. It 's a boat l aunch.1 Peopl e wil l just park on Lyons Creek rd, t he grass bet ween my house and dock or side st reet s t o avoid paying. 1 Regist er your vehicl e wit h cit y. No charge.1 Ot he r. P l e as e s p e c if y amo unt :Co unt T ot al s 187 5 2 Page 162 of 472 Resident s pay t axes, charge out of t own visit ors 1 Resident s should be excl uded f rom paying resident s shoul d be issued a pass t o displ ay and paid parking f or anyone ot her t hen Niagara Fal l s resident s. 1 Resident s should nit have t o pay 1 Resident s should not have t o pay, out of t owners absol ut el y shoul d 1 Sam e as NPC 1 Shoul d be f ree f or Niagara Fal l s resident s!!!1 Shoul d be f ree f or locals. We have paid t axes t o use t his. Whol e area shoul d be f or l ocal s onl y. Everyt hing else f or Chippawaians has been t aken over by out of t owners who are not support ing t he are. Ie not paying f or parking l ike at KingsBridge Park. Bringing own f ood and ref reshment s and not cl eaning up behind t hemsel ves. We have no where t o go t o enjoy our beaut if ul crick 1 Since Niagara Parks is charging $120/yr or $10 per launch it should be t he same 1 St op asking f or money idiot s!!!!!!1 St upid idea, add more parking 1 T he answer is not t o charge your way out of t his. What 's needed is addit ional ramps and parking in ot her areas al ong t he River 1 T here shoul d be no charge 1 Unsure 1 WHAT ???1 Why do resident s have t o pay when we al ready pay so m uch t o l ive here. T axes/f ees/l icenses what is t he benef it t o t hose of us t hat l ive here if we pay like a t ourist . 1 Would never pay, we shoul dn't have t o pay 1 Would not have it 1 Z ERO 1 Z ERO!!!!!1 Ot he r. P l e as e s p e c if y amo unt :Co unt T ot al s 187 5 3 Page 163 of 472 Z ero 1 Z ero. I al ready pay t axes f or t his.1 Z ero. We shoul d not have t o pay as a resident of Chippawa 1 "0" or $25.00 1 charge per boat l aunching 1 it is im port ant t his is publ ical l y accessibl e 1 my t axes pay f or t his 1 nil 1 no payment 1 not remot ely int errest ed 1 not hing 1 not hing 1 not hing ... wil l st op going 1 quit f inding ways t o charge peopl e f or everyt hing 1 set a t ime l imit and charge f or t hose wit h boat s only 1 set amount f or al l of f niagara f al l s 1 zero 1 zero 1 zero, no reason t o f l eece t he good f ol ks of chippawa 1 T ot al s 187 Ot he r. P l e as e s p e c if y amo unt :Co unt 5 4 Page 164 of 472 Re s po ns e ID Re s po ns e 12 WT F 13 WT F 18 Pl ay st ruct ures and seat ing need t o be rem oved. Peopl e t reat it t he ram p area as a pl ay area and not a t raf f ic area. 19 T he swimming and smoking is a big probl em t here shoul d be no warming's peopl e no t hey shoul d not be smoking at docks but do it anyways t icket f irst t ime . Once t he cit y worker leaves t hey go back t o smoking t icket shoul d be handed out wit h no warnings. 20 No swimming 21 It is a boat l aunch PERIOD 23 I l ive around t he corner so I don't drive very of t en but paying t o park at a popul ar pl ace like t hat woul d be obsurd 27 T he m ajor probl em is t hat people park t here and picnic is small areas beside parking, which t he lot is not set up f or. T his is a boat l aunch, f or peke wit h boat s, kayaks et c. 29 We really enjoy t he dock here, but l ast year proved it t o al so be a popul ar pl ace f or many ot hers. T here was pl ent y of t raf f ic congest ion in t he l oy 9 . Pl ease p r ovid e an y ad d it ion al com m en t s, con cer n s an d su g g est ion s you h ave r eg ar d in g t h e Ch ip p awa Boat Ram p Par k: b oatparkin g sw immin g launch people r amp a rea p ark dock swimmer s orboats f re e p ay resid e nts bo a t e rsniagaradangerous l o t t ra i l e r chi p p awa do ckscityenjoy t rai l e rs 5 5 Page 165 of 472 30 In t aking t he survey it is very cl ear t hat t his review is singl e m inded...you have no act ual sol ut ions but rat her pl an t o charge $...t his shoul d be f ree f or l ocal s. Y ou shoul d be em barrassed by t his survey. 31 It is unsaf e t o have peopl e swimming in t he l aunch ramp area when persons are t rying t o l aunch or ret rieve t heir boat s. 32 Chippawa resident s worked hard t o assist in f undraising f or t his dock/park and are now being punished as peopl e f rom out side t he vil l age descend upon t he l ocal docks. Wit h increased resident s in t he vil l age and already congest ed roadways (especially on basebal l weekends). Can a dock f or overf l ow (af t er parking is at capacit y) not be erect ed al ong t he river road sect ion (across f rom t he bat t lef iel d), t his is where t he boat s are heading anyway. T here is of t en non-compl iance as f ar as t he crick being a no-wake zone, increased boat ers are causing concerns f or swimm ers (a decades ol der t radit ion t hat wil l never cease). Pl ease! Just creat e a new ramp/dock down river- out side of t he Chippawa area. Considering t he cost of surveys, and parking enf orcement , a secondary dock coul d probabl y be buil t f or t he sam e expense. Best of l uck, I know you can't pl ease everyone. Just pl ease consider t he rapid resident growt h in Chippawa and t he f act we cannot handle more unnecessary vehicul ar t raf f ic. T hank you 35 Lot s of garbage l ef t behind, need more bins, or more f requent pick up. Peopl e park on nearby st reet s - Nassau 37 Gl adl y pay an annual f ee t o l aunch boat as long as I'm not dealing wit h peopl e swimming in t he l aunch area 4 1 Resident s should not have t o pay anyt hing t o use our our own communit y f acilit ies 4 2 A boat l aunch is a boat l aunch. Not a swimming area. Not a f ishing area. Boat s are not l aunched in l ocal publ ic swimming pool s. Boat ers do not park on walking t rail s. Why are swimmers and f isherm an al lowed t o present t hemsel ves at t he boat area as ent it led. Not right . B 4 8 not enough spaceyo swim and enjoy need t o exp 4 9 PLEASE remove swimming f rom t he docks. Mul t ipl e t im es kids are swim m ing in t he boat l aunches and we have had m ul t ipl e t imes where we have al most hit t hem com ing in or out wit h our boat . What kind of boat l aunch al l ows swim ming?? T his is a liabil it y issue. We have saved kids f rom swimming in t he pat hs of boat s. More enf orcement t o st op peopl e swimm ing is needed. Peopl e are parking t heir cars in t he t rail er spot s and t ying t heir f l oat ers up t o t he docks t heref ore boat s cannot dock. As a boat er, if a chil d is injured because t hey swam in t he pat h of our boat , do we sue t he Cit y?? Because t his is what is going t o happen 100% it 's just a mat t er of t ime. 52 Parking enf orcem ent Re s po ns e ID Re s po ns e 5 6 Page 166 of 472 54 It is a l ocal comm unit y area, not a t ourist dest inat ion. Don't implement paid parking. 57 T HERE SHOULD BE NO SWIMMING ALLOWED FROM T HE BOAT DOCK. IT 'S EXT REMELY DANGEROUS!! 62 a separat e area f or swim mers woul d be great as it s very dif f icult t rying t o l aunch or l and a boat when t here are peopl e l ounging on t he dock and t here are swimmers everywhere. it s a recipe f or dist ast er. 63 If you make t his a paid parking area I wil l be very disappoint ed. 67 When boat s are being l aunched, and t he swim mers are jum ping of f t he dock, it is an accident wait ing t o happen. Last sum mer was just ridicul ous. Someone is going t o get hurt . 72 Someone is going t o get serious hurt or killed by a boat coming or going... it is chaot ic t here at t imes! 76 Peopl e t ying of f t heir inf l at abl es at t he dock , not respect ing boat ers as t hey com e in t o set up t o pul l out .Saf et y. 78 Don't allow peopl e t o swim where boat s l aunch. It 's not saf e. Y our rul es f rom l ast year about swim m ing on 1 side did NOT work and was never enf orced. 80 T here are no swimming signs on t he dock yet peopl e swim and it makes it impossibl e t o dock ur boat on t he dock abd most t im es st ressf ul t aking boat s of f t rail ers you t el l peopl e t o l ove and t hey yel l and f ight t hat t hey don't have t o 83 It is a Boat Ramp not a hang out .. t here are l ot s of ot her pl aces and parks peopl e can picnic. Peopl e who do not have boat s and t rail ers shoul d not t ake up t he parking spot s. T he docks shoul d be f or boat s t o t ie up and wait t o l oad and unl oad.. it shoul d not be a swimming hol e. It is dangerous. I do not own a boat but can respect t he dif f icul t y of t rying t o get your boat in or out wit h peopl e swimming right at t he l aunch. Some one is going t o get hurt .. it s onl y a m at t er of t ime.. T he cit y needs t o enf orce t he l aunch f or boat s ONLY . 84 Need t o el iminat e f ishing and inf l at ables f rom blocking dock space, most of t en very dif f icul t t o dock a boat wit h al l t he people hanging around t he boat l aunch wit h no boat s. Re s po ns e ID Re s po ns e 5 7 Page 167 of 472 85 T he publ ic boat ramp is one of t he last remaining am enit ies t hat peopl e can go t o and enjoy out door t ime wit hout paying f or parking. Kingsbridge park and duf f erin isl ands is now pay f or parking. Peopl e need a pl ace t o go t o enjoy som e out door t ime wit hout having t o pay every t ime. Pl ease don't st art m aking us pay t o use t he l ast rem aining f ree out door space in Chippawa. Y es, parking got overcrowded l ast sum mer but t hat 's because everyt hing el se in t he area was shut down. Peopl e need a place t o go t o get some exercise and enjoy t he wat er whet her it be f or boat ing or f ishing or swim ming. In a worl d where cost s are rising f or every day l iving and yet peopl e are l osing jobs, pl ease do not add t o t he l ist of rising cost s. 86 Leave it as a bpat ramp and non resident s pay a f ee. Find a dif f erent area f or swimmers 87 Garbage, washroom s needed. Park moved f urt her down west end of parking away f rom boat l aunch area . Boat l aunch/dock area COMPLET ELY separat e f rom swim area (t ot al l y separat e docks) f or saf et y and enf orced 88 T here are t oo many peopl e swim ming in or near t he ramp making it hard t o l aunch a boat . I have had t o st op using t his ramp many t imes because peopl e are parking in t he spot s and going f or wal ks. T hese parking spot s shoul d be f or vehicles t rail er onl y . Having t o park on t he st reet wit h a t railer is causing saf et y concerns when having t o leave boat in t he sl ip whil e t rying t o f ind parking. T his al so causes del ays in l aunching. 89 Seasons parking passes shoul d be availabl e t o everyone, not just resident s of Niagara Falls. 92 Enf orce t hat t he boat ram p is used as a boat ram p and l eave t he parking spaces f or t rail ers. Creat e anot her swim ming dock som ewhere so peopl e do not swim where t he boat s are coming and going 93 NA 95 A boat ram p is f or boat and t rail ers. I know some days are way busier t hen ot hers I get t hat but when your t rying t o get t o t he l aunch som e weekends it 's very f rust rat ing f or l ocal s t hat respect t he area and out siders t hat don't care what soever. 96 Creat e a swimming area, separat e f rom t he boat launch area. Very dangerous sit uat ion at present . Swimm ers do not underst and t he danger of boat s ent ering/exit ing t he boat launch. Have seen t oo m any swimm ers surrounding boat s, arguing wit h t he boat ers whil e t he propel l ers are running. Someone wil l get injured. 97 T here are t oo many non t rail er peopl e parking in t he spot s near t he ramps. It causes a l ot of probl em s f or l aunching and parking. Boat ramp shoul d be used onl y as a boat ram p, not a swimming ramp Re s po ns e ID Re s po ns e 5 8 Page 168 of 472 98 T he boat ramp is just t hat . Peopl e are using t he space t o hang out al l day. T here are pl ent y of publ ic beaches and parks f or t hat . Cut t ing down on t he amount of peopl e not using t he area f or what it is designat ed f or woul d cut down on t raf f ic. 99 Need st opl ight at sodom and Lyons creek road maybe t hey would go sl ower 100 Pl ease don't add user f ees t o t his f acil it y. It wil l cause a m assive uproar in t he communit y. Simpl y devel op a syst em t o l et al l users enjoy t he docks! 101 2 OF US ON 1 PENSION DOESNT CUT EXT RA 102 I agree wit h paid parking f or non resident s 104 Swimming at boat l aunch is not saf e. Of t en t im es boat s cannot pul l in saf ely since peopl e are swim ming in t he way. I have wat ched chil dren al most get hit numerous t imes t his past summer 107 Increase t he lengt h of t he dock, bring back t he one by Main St reet and provide l ocat ions peopl e can enjoy l if e and not giving us so l imit ed choices and making us pay f or everyt hing. Famil ies can't af f ord t o pay f or everyt hing. Cryst al beach, duf f erin isl and, kings bridge park. 108 Y es. Ban swim ming in t he area. If t his does not happen t here is going t o be a deadl y accident wit h a boat er and swimm er 109 T here was never a probl em unt il someone approved swimm ing at t he boat l aunch. Onl y boat l aunch in t he area. Swimmers are t aking over t he boat l aunch and swimming al l around our running boat s, som e wil l be seriousl y injured or killed here. T his is very dangerous! Peopl e do not know t he unpredict abl e current in t he Chippawa crick. No one shoul d be swimming around an act ive boat l aunch, t here is no where el se t hat allows t his! T he cit y has marked swimming area on t he dock, but t he swimm ers swim everywhere and jump of f t he dock t o f l oat down t o t he ot her end of t he dock. T he swimmers al so do not move out of t he way f or saf e docking of boat . It s a disast er wait ing t o happen! Al so, t he boat t rail er parking spot s shoul d be paint ed boat t rail ers onl y. Swimm ing at t he Chippawa boat l aunch needs t o go! NO SWIMMING sol ves it and it needs t o be enf orced. 111 Add m ore docks and repl ace exist ing broken ones 112 Keep t he swimming and t he boat l aunch separat e bef ore som eone is f at ally hurt . T here is no pl ace f or swimmers and boat l aunching. 113 I saw in a previous art icl e t hat you want ed peopl e t o pay $125 f or a.season pass t o use t he boat ram p which is disgust ing. Everyone is suf f ering and as al ways l ow income peopl e are f orgot t en about . Re s po ns e ID Re s po ns e 5 9 Page 169 of 472 117 Maint ain a saf e area f or swimmers 121 T he name says it al l , t he park is a boat ram p park. Swim ming needs t o be st opped bef ore someone is kil l ed. Parking enf orcement is needed now and especial l y if paid parking is im pl ement ed. Park's met ers are not used, people do not pay. 122 Make designat ed t rail er and t ruck parking and enf orce peopl e parking t here. Al so don't limit passes t o resident s onl y, I drive f rom London al l t he t ime t o use t he ramp. 123 Swimmers pl aying on t he ramp when it is busy wit h boat s t rying t o get in ans out . Scary t o wat ch 124 No swimming all owed 128 Y ou have t o det ermine is it a boat l aunch or a picnic , swimm ing , part y area f irst t hen decide if t here will be a charge, being f ree is t he probl em and when you say somet hing t here was al ways an argument . Not Happy 129 Why don't you work wit h t horol d t o put in a boat l aunch on t he wel l and river side near port Robinson t o t ake t he load of f t he chippawa ramp .... 132 T rail er parking only spot s and have it enf orced. 133 Al t hough swimm ing in and around t his area is a popul ar t hought , t he realit y is t hat t his f acil it y exist s t o perf orm a f unct ion of al l owing vehicl es t o be l et in and rem oved f rom, t he wat er. Usage of t his area f or "beaching" only increases t he dangers associat ed wit h adding t raf f ic int o an int ersect ion, so t o speak. Ef f ort s t o cont rol usahe simpl y by adding a cost f act or wil l bring zero benef it or present no cure t o t he dissat isf act ions present ed by each side of combat ing users. T his is NOT a BEACH. T his is a saf e f unct ioning vehicul ar l aunch f acilit y. 134 As in t he t it l e it is chippawa boat ramp. Swimmers and f ishing are very dangerous act ivit ies t o have around mot orized vehicl es. Last year caused t he most concerning dangers I've seen in my 10 years using t he l aunch. 135 Swimmers shoul d NOT be anywhere near t he boat l aunch. Som eone is going t o get hurt . Swim ming shoul d not be al l owed t here at al l , but if t hat isn't going t o change t hen maybe a roped of f designat ed swimming area t gat is enf orcef 136 If it woul d be possibl e t o add coupl e m ore regul ar car parkim g l ot s, or spl it t he f ar t railer ones(cl oser t o t he road ent ry/exit )int o t wo regul ar car parks 137 Peopl e swim and dive where boat s are being put in and t aken out of t he wat er, shoul d not be al l owed at boat s ramp Re s po ns e ID Re s po ns e 6 0 Page 170 of 472 138 No swimming at t he ram p or diving f rom t he docks. T his int erf eres wit h responsibl e boat ers and f isherm en. 139 Last year you made t he big dock f or.awim ming. it should be f or t he boat s. Let t he swimmers use t he smaller.dock. Al ot .of .f ight s and argument s happened 14 0 Put in paid parking met er l ike ot her boat ramps have t hat you can use credit cards et c. Have someone checking t hat people have paid and enf orce so peopl e become aware t hat t hey can't park f or f ree. 14 1 Locals park ext ra cars t here f or l ong periods of t ime 14 3 Pl ease enf orce t he no swimming in t he boat ramps , t he parent s won't do it . 14 4 Wit h so much of Niagara wat erf ront privat ized pl ease do not t ake away t he publ ic access t o t his area t hat do NOT use boat s. I know boat owners are l oud and out spoken in Chippawa but reducing access t o ot her peopl e is not t he way t o go about doing anyt hing. 14 5 having swim ming at a boat ramp is a serious concern 14 6 T his ramp has not been an issue f or t he l ast 50 years. It became an issue t his past year as a result of covid why, what who has changed at cit y hal l want ing t o change what has been working f or years 14 7 Leave it as is I l ike t o sit on t he bench and just relax paying f or parking is not rel axing 14 8 Chippawa boat ramp shoul d be just t hat a boat ramp. Have you ever t ried t o maneuver around t hese swimmers wil l driving a boat in t hat current , it isn't easy. I have been a concerned cit izen ever since t hey added t he park. Boat l aunch onl y, t here is m any parks t o pl ay on in Chippawa. T his is t he onl y l aunch in t he vill age. 151 Have parking enf orcement enf orce no parking on Lyons Creek Road, Nassau Ave, and Sodom Road. Someone is going t o get hurt t rying t o pul l out on Lyons Creek Road 154 keep it f or l aunching boat s no swimming 155 Open anot her boat l aunch. 157 No swimming around t he boat l aunch. Open t he beach up. Have anot her designat ed swimming dock and/or non-mot orized boat /inf l at abl e area up st ream or on opposit e side of t he river. It is an accident wait ing t o happen wit h al l t he boat s and swimmers t oget her. Re s po ns e ID Re s po ns e 6 1 Page 171 of 472 159 Shoul d remain open t o al l niagara f al l s resident s t o enjoy t he wat er, not just boat ers as many have suggest ed. Niagara f al l s has no nat ural open swim ming anywhere but t he creek, and som e of us pref er open wat er t o a pool . 161 Maybe have a dedicat ed place f or swimmers/f l oat ers away f rom t he boat ramp? Would help wit h parking issues? 163 T here shoul d be a dedicat ed swim area. Somewhere separat e f rom t he boat l aunch. It 's not saf e t o mix boat propel l ers and swimm ers. T his separat ion wil l make it saf er and l ess congest ed, l eaving t he boat l aunch as it 's t rue int ent ion, a boat launch. Make an at t ract ive area, wit h washrooms and a good t ruck somewhere el se. Job creat ion, t he resident s of chippawa will f eel l ess negl ect ed and it 'l l be saf er f or everyone. 164 Do not charge f or parking 165 Swimmers need a space but t he cit y needs t o add a dock and f ix t he swim ming l ocat ion t o t he f irst dock so swim mers don't cross t he l aunch area 167 remove swimmers f rom boat dock, it 's a saf et y concern 171 It 's made f or boat s, but chil drens park is t here t oo. Kids want t o swim, but boat ers seem t o t hink t his is onl y f or boat s.. T he crick is big, t hat dock t he riverside had was perf ect .. Now we need more areas f or kids f or al l swim ming. .. 172 T icket non boat & t rail er vehicl es parked in t he l arge spot s, enf orce peopl e swim ming in and around boat ers: Boat s t rying t o come in have swimmers hanging on t o t heir boat s, an accident wait ing t o happen, t icket s t hese peopl e, give back t o t he boat ers as t his was t he original reason f or a Boat Ramp! T al k t o t he Parks about a Re-Open of King Bridge Park f or swimming. It 's a saf e inlet and can easil y cont ain swimmers away f rom boat mot ors. Re s po ns e ID Re s po ns e 6 2 Page 172 of 472 173 I underst and t his has been a problem l at el y. It makes sense t o me t o charge f or parking t o a cert ain degree. As a boat owner and resident of Chippawa, I have on numerous occasions had t o f ind alt ernat e parking f or my Excursion and t rail er, and l et me t ell you it 's not easy when you drive t he l argest SUV buil t in Nort h America t o f ind a suit able pl ace t o park especial ly when t owing a t rail er. More of t en t han not , on nice days, t here's an increased amount of vehicl es parking in t he t ruck/t rail er spot s when t hey are onl y t here t o swim . And wit h high l evel s of boat t raf f ic parking at t he docks, l eaves l it t l e room f or swimm ers and onl y increases t he risk of injury. Propellers are sharp and wil l t ear your skin t o shreds. We know t hat . I've had several cl ose cal l s wit h people jumping of f of t he dock whil e I'm docked. I've not iced a num ber of t imes, when it 's nice out , t he amount of alcohol consumpt ion on t he docks. I don't need t o l ist en t o t he guy t hat just drank a 12 pack of Corona whil e sit t ing on t he dock when I have my wif e and chil dren t here. I suggest an al t ernat ive locat ion f or swimm ers t o swim and get l oaded if t hat 's what t hey want t o do. 174 Y ou need t o provide more parking f or everyone. Y ou can't expect peopl e t o pay - t hey al ready have t o pay at Kingsbridge Park. 175 It s a boat l unch not publ ic beach. Someone is going t o get hurt . Very dangerous t o individual s at t em pt ing t o dock in any vessel 178 I have l ived here f or 14 years now and admit t he Boat Launch is a beaut if ul part of Chippawa and t he Resident s of Chippawa bel ieve in f ight ing f or Chippawa. We have had many many issues arise in t he last coupl e years t hat I t rul y see get t ing out of hand! As a f amil y l iving here in Chippawa we have a boat t hat we can barl ey launch at t he Chippawa boat launch because of of f t hese issues going on at t he boat launch. As resident s we shoul d not have t o drive out of t own t o ot her l aunches just t o launch out boat when it is just down t he st reet f rom us! And we shoul d not have t o st op going f or wal ks and sit t ing by t he wat er down by t he boat l aunch just because it has got t en so out of hand wit h t he parking, visit ors, arguing, physical f ight s, and const ant l y looking over our shoul der cause of worry of som eone get t ing run over or worse! I see t he issues on bot h side of t he coin and can honest l y say t hat I am scared t o see what t he f ut ure hol ds! Al so as I have said about t he overf l ow of parking on our side st reet s due t o t he boat l aunch I have personally wit nessed peopl e l ooking t o park t here vehicles wit h or wit hout t rail ers on t he back coming so dangerousl y cl ose t o hit t ing seniors t hat are out wal king and chil dren pl aying or riding t here bikes in t hese areas (cause t hey can't go down t o t he wat er due t o t he issues) com e so very cl ose t o f at alit ies t hat I am so very scared t o l et my grandchil dren go t o t he park at t he end of "our own" st reet cause of al l t his over f l ow! Please l ist en and t rul y t ake al l t hings said int o considerat ion of t he resident s of Chippawa and not make t his all about t he "m oney " 180 Pl eaae keep t he swim mers of f t he ramp IT IS DANGEROUS Re s po ns e ID Re s po ns e 6 3 Page 173 of 472 181 Pl ease prohibit swimm ing at t he boat l aunch. It is dangerous. I have seen kids swim ming around running boat s. Al so pl ease l et enf orce t he parking spot s f or t rail ers only 182 What kind of cit y al l ows swimming at a boat l aunch? No one el se in t he world al l ows t his. T here is so much boat t raf f ic and mul t ipl e t im es I have al most hit a child who swam behind my boat whil e l aunching. Peopl e al so t ie t heir f l oat s t o t he docks making it dif f icult f or boat ers t o dock up or wait t o l eave t he wat er. Since t he cit y is al lowing swimming at t his boat l aunch I assum e you are t aking al l l iabil it y f or when someone get s kil l ed. Whil e we enjoy t hat t he boat l aunch is f ree if we have t o pay t o launch we wil l do so but t he cit y must get rid of swimm ers. 183 Separat ed designat ed and m arked area f or swimmers 184 Pl ease reconsider swimm ing at t he boat l aunch. I consider it dangerous. 185 A sign list ing t he current rules f or bot h boat ers and swimmers. 187 Dont know if I agree t o pay t o park f or t aking m y grandkids t o pl ay in park or t o have a picnic t he church parking l ot across t he st reet is going t o be over f l owed wit h cars just going t here t o enjoy t he park I dont underst and why t he boat ers are so upset if we swim t here We get out of t heir way T here is no where el se t o swim in Chippawa open up t he beach again 188 Replace t he swim ming dock at riverside 189 Swimming shoul d not be al l owed. It 's unsaf e f or swimmers, accident s wil l happen. 190 T his is al l about parking when t he big issue is boat s and swim mers in t he same spot . T hat needs t o change and f ast . Charge f or parking and us t he money t o m ake a spot f or swimm ers. 191 Impossibl e t o saf ely l aunch boat wit h SO MANY SWIMMERS. so m any swim mers are oblivious t o t he danger of a mot or coming wit hin inches of t hem. When sl ing swimmers t o save room or move in order t o bring my boat t o t he dock most ignore t he request or say t here is enough room when in real it y it is very unsaf e. T he cit y shoul d enf orce parking rules so t hat car wit hout t rail ers do not park in t he t rail er spot s. Cit y shoul d al so enf orce swim ming rul es so t hat boat s can saf el y l aunch and dock, ot herwise an accident is bound t o happen. 192 I would l ike t o get a cont act t o t he person who wil l be heading t his project t here has t o be a pat h t hrough t his issue. 194 Swimmers diving in whil e boat s are moving ing and out of wat er .Al so running running on ramp area while boat s t rying t o l oad or unl oad.r Re s po ns e ID Re s po ns e 6 4 Page 174 of 472 195 More parking and more room at l aunch 197 I wonder if a swimming sect ion coul d be creat ed el sewhere on t he creek t o avoid boat s and swimm ers col l idjn 198 T he swimming t here is dangerous wit h al l t he boat s launching. Buil d a separat e dock in area f or swim mers 202 No single cars parked in m ain parking lot , t rail ers onl y . It 's a l aunch, al ways has been 204 Rel ocat e t abl e lef t of ramp t o t he pl ayground space. T o canoes and kayaks can use space t o l ef t t o ent er wat er. 205 Keep parking enf orced weekends and hol idays f or out siders onl y 208 Discont inue swimming at boat ramp but st il l all ow f ishing. Buil d an addit ional doubl e ram p away f rom t he boat s t hat swimm ers coul d enjoy saf ely wit h addit ional parking and l eisure space. ay f rom 209 Parking aut horit y needs t o sep up t heir game where parking isn't al oud. 210 Boat ramp park shoul d be exact l y t hat ...a boat ram p drop of f . Kingsbridge is surrounded and on sam e wel l and river t hat shoul d have park like pl aygrounds and keep bat hrooms avail abl e f or pul - 212 My wif e and I moved t o Chippewa a f ew years ago wit h t he ant icipat ion of using t his beaut if ul l ocat ion t o use our Kayaks. During t he past year we have been unabl e t o get near t he boat l aunch area, especially during t he sum mer mont hs. Out of t owners just come in and t ake over. T hey park everywhere. T hey come in l arge groups and bring al l t heir suppl ies wit h t hem. T hey t reat t he dock l ike a beach and l ay out t heir t owel s and you can't even wal k t here. T hese "t ourist s" are not spending money here except f or t heir T im Hort on cups. T hey t hrow t heir garbage everywhere. I'm f rust rat ed t hat Non- resident s com e here and use t he f acil it ies t hat my t ax dol lars go t owards in maint aining. When we f irst moved here I was proud t o say I l ived in Chippewa. Not any more wit h what occurs at t his Boat Ramp Park. During Covid it 's t ime f or t he cit y t o t hink about our resident s m ent al heal t h and our survival . I don't need t o share a t oil et wit h som eone who has been advised t o st ay hom e and doesn't . Why shoul d I have t o hide f rom t he ignorant and irresponsible peopl e who com e here f or onl y t heir sel f ish enjoyment . T he resident s of Niagara Fall s need f or once t o be put f irst . T he provincial and f ederal government s don't care. Local resident s deserve t o have a piece of heaven t hat t hey can cal l t heir own and enjoy wit h t heir f amilies. I woul d l ove t o see Non-resident s excluded f rom parking at t he Chippewa Boat Ramp Park al l t oget her. If you want t o sl ow down t he spread keep t hem out . Nova Scot ia and ot her At l ant ic provinces have done it . Prot ect your own resident s pl ease! Re s po ns e ID Re s po ns e 6 5 Page 175 of 472 213 Do not charge f or parking. Just ext end t he parking lot . Not compl icat ed 215 Pl ease, consider paddl ers and rowers. We need a separat e ent ry point wit h , perhaps, pl ast ic f l oat ing docks, which coul d be removed af t er t he season is over. Paddl er and mot orized vessel s don't mix good t oget her. Not all boat drivers are court eous and knowl edgeabl e about wat erway rul es and et iquet t e. 216 Boat l aunch only 218 If t here was paid parking or anyt hing paid I woul d expect t o have a parking at t endant t o be t here during paid hours t o make sure t raf f ic f l ow and spot s are properl y being used. 221 T he onl y issue I have is it t he l ack of t rail er parking but t he singl e car use of t hose spot s. It 's dif f icul t enough f or anyone wit h a t railer t o m anage t he pedest rian t raf f ic and t hen t o have hal f of t he parking spaces occupied wit h a singl e vehicl e is real l y f rust rat ing. 222 T his is a pl ace t hat has been a pl ace my f amil y have enjoyed going f or over 4 0 years it shoul dn't onl y be f or Niagara Fal l s resident s 226 Increase saf et y measures 227 Need a bet t er pl ay area. 228 Somet hing needs t o be done about t he garbage t hat is l ef t behind on weekends. 229 Charging f or parking sol ves not hing. T he bul k of t he swim mers t here causing problems are kids and wal k or bike. It was worse last year because of Covid and dem and was higher. 230 Build a swimming ONLY dock. Away f rom boat l aunch. 231 T he small craf t ramp at George Bukat or park needs some T LC (l it eral l y just some grading of t he nat ural ram p due f rom use over t he years). T his coul d al l eviat e some of t he t raf f ic f or super smal l craf t l ike kayaks, canoes, row boat s and very sm al l boat s. 233 T his is a compl et e wast e of t ime. T he cit y shoul d be f ocusing on ot her areas l ike road maint enance and inf rast ruct ure. Parking enf orcement is a joke in t his cit y. Y ou ruined Chippawa and Downt own wit h t his crap. 236 Parking al ong shoul ders on Lions Creek Road is dangerous. More of f icial parking spot s woul d hel p. Swimming area coul d be moved t o anot her sit e. 24 1 Lovely park and ramo. Wort h paying f or Re s po ns e ID Re s po ns e 6 6 Page 176 of 472 24 2 I recomm end expanded parking, t here is room avail abl e. 24 3 My biggest concern is t he f ire boat s how do t hey get in and out f ast t he cars dont underst and t he room need 24 7 I bel ieve t he probl em s are quit e sim pl e. It is right t here in t he name. T his is a boat ram p. Not a swimm ing hol e. Find an al t ernat e swimming area. If t his means t hat t he cit y needs t o l ease wat er f ront l and f rom OPG and rem ove t he "privat e" docks t o creat e a proprr swimming area t hen so be it . I bel ieve t he are bet ween t he boat ramps and t he pl anned Fire Depart ment boat house woul d be wonderf ul . 24 9 We have real l y not iced t his past summer.as we use t he boat l aunch and picnic area t he big inf lux of t ourist using t he area f or picnics 250 Move non boat er parking and park away f rom boat l aunch t o opposit e side where open land is. Dangerous sit uat ion wit h swimmers in t he ramp. Boat s cannot l and in st rong current wit hout powering in and swimmers won't budge. Dangerous. Get NOC t o Congreve t o upgrade kingsbridge park f or swim ming again. 253 We get very l it t l e f ree Oakridge anywhere in chippawa, l et t he resident s enjoy f ree parking here at l east 254 I t hink t hat peopl e t hat l ive in Chippawa shoul dn't have t o pay and it shoul d al so only be f or vehicles wit h boat t rail ers. 259 Cit y of Niagara Fal l s Parking St af f AUT HORIT Y ... Where vehicl es wit hout t rail ers are t aking spaces marked f or t railers, DO Y OUR JOB! 262 it was buil t as a boat l aunch not a place t o swim, pl ay or sun bat h 263 Do not ruin a good t hing. 265 St rict ly enf orce "no swimm ing" sick and t ired of peopl e wit h kids and pet s using t he boat launch as a wading pool whil e you're t rying t o put boat in or t ake out . Al so enf orce no "docking" onl y t he t im e it t akes t o come in or out - t ired of t eenagers parking Dad's boat at t he pier and part ying wit h f riends or going across t he st reet t o get f ood f rom t he f ood t ruck and you have no where t o pul l up t o go get your t ruck t o get out of t hecwat er 269 Enjoy 270 Keep t he swimmers away f rom t he boat l aunch. 274 T here are way t o m any chil dren swimm ing in t his area. Wit h t he amount of boat s coming and going som eone is going t o hit hurt , or worse. T here shoul d be st rict enf orcement of no swimm ing in and around t he boat launch. Re s po ns e ID Re s po ns e 6 7 Page 177 of 472 275 Rest rict parking on t he road! 278 enf orce improper parking 279 Very dangerous f or chil dren and ol der f ol ks, no cont rol over al l in Chippewa peopl e across t he st reet const ant l y bot hers by noise, swearing, parking on road, disast er al l summer wit h no supervision or pol ice presence t o cont rol t he area. 281 Few t hings are f ree, l et t his be remain one of t hem. 285 If charging, parking l ot size shoul d be increased f or ease of use. 289 If parking was t o be I f ired I agree t hat niagara resident s shoul d get a parking permit simil ar t o t he overnight one t hat I hol d t o park my vehicl es at my residence. So we coul d at t end t he park wit hout having t o worry about met er f ees. Al so 291 Build a l arge second dock on ot her side of Crick. Al ong Chippawa Parkway. Would be less congest ed and saf er. Wider t here. Closer down t owards Human Societ y area. Less t raf f ic. Not coming out ont o a busy main t raf f ic road. 292 Making changes and col l ect ing any f unds wil l cause f rust rat ion and probl ems in t his comm unit y. Leave it as is during t his Worl d Wide Pandemic. Perhaps consider t he locals and review t his again at a l at er t im e. Consider t he privil eges f or l ocal s onl y and a charge f or out of t own visit ors... 295 For saf et y concerns t here is a need t o st op peopl e f rom swimming in t he boat ram ps and st op PWC f rom using t he ram ps as t heir own personal hangout spot 297 Limit use of dock f or 299 My concern is t he people who smoke cigaret t es and pot . It 's disgust ing unheal t hy and as a mot her of kids whom I t ake t o t he park my chil dren shoul d NOT have t o smel l t hat . Al so drinking on t he docks. Byl aw goes down and enf orces NOT HING. T ells peopl e t o put it out t hey do t he byl aw of f icer wal ks away t hey light up again. Anyone who smokes pot , cigaret t es and drinks down t here shoul d be charged period as it 's a publ ic out door f acil it y t o enjoy not a part y zone. Pl ease do somet hing about t he smoking of drugs and cigaret t es and t he drinking t hat 's a HUGE problem!! 301 Dogs and swim mers at t he dock...st upidit y 302 Somet imes com mon court esy goes a l ong way. During busy t imes peopl e have t o be pat ient Re s po ns e ID Re s po ns e 6 8 Page 178 of 472 305 I t hink t here shoul d be f ree parking f or al l Chippawa resident s 306 I support any changes necessary t o keep t his park saf e and enjoyabl e f or l ocal s 308 None 313 Put a sign up t hat t el l s peopl e where ot her ramps are. Many peopl e put in and t hen go out int o t he Niagara River. T hey coul d put in at t he Ussher's Creek Ramp and it woul d cl ear out t he Chippawa ram p. T here is al so anot her ramp and parking on Chippawa Pkwy near St anley t hat is not used very much. Signs and cit y web page shoul d point t his out . 315 None 316 It is very wel l maint ained everyt hing is excel l ent t here ot her t han peopl e t hat are jumping int o t he wat er whil e boat s are t rying t o dock it is very dangerous f or t he pedest rians I'm just l ooking out f or t heir saf et y as wel l as t he boat ers because t hey wil l get in a l ot of t roubl e if t hey end up hit t ing one of t hem peopl e t hat are not paying at t ent ion 318 t he ramp and t railer spot s are great . t he issue is canoe/kayaks t aking f orever t o unl oad, l im it ed st aging/prep area, and piss poor parking jobs by t rail er l ess vehicl es pl unking t hem sel ves wherever t here is space, especial l y around t he l aunch area. 319 We go t here at l east t wice a week t o pl ay in park, l aunch boat , et c. T here has never been a concern wit h t he parking area. T he concern is more of f amil ies swimming in boat l aunch area when it is busy. 320 Const ant t raf f ic during sum mer season at t he Lyons Creek Rd & Sodom Rd int ersect ion is a direct resul t of t he boat ramp. Swimm ing has become dangerous because of t he wat er pol l ut ion (oil and gasol ine gushing out of poorly maint ained boat s) and t he ever-increasing int ensit y of t he boat t raf f ic. T he Jet Skis are in part icul arl y dangerous wit h no enf orcement against t he wil d behavior. 321 Everyt hing is f ine,why woul d you change it ,sit at picnic t ables of t en and never have seen any probl ems seen 322 More car parking and in f orce "no cars in vehicl es wit h t rail ers" area.. 323 Resident s should be abl e t o use f or FREE we pay enough in t axes. IF paid parking is implement ed t hen residence shoul d be given t he opport unit y t o purchase a parking pass f or no m ore t hen $25, t hat is valid f or al l cit y parking l ot s (not niagara parks, st reet parking et c) 325 Gréât ramp. Cl ean and easy! Re s po ns e ID Re s po ns e 6 9 Page 179 of 472 328 T he biggest issue is peopl e do not f ol l ow boat ing et iquet t e. I bel ieve t he onl y way t o correct t his woul d be t o have a person avail able t o maint ain order. 329 T he launch is 1 of 2 in Niagara. No f ee shoul d be appl ied. 330 None 332 Boat ers f eel t hey have more right s t han t hose t hat are using t he wat ers f or swim ming. Al so t he l adders t o get out of t he wat er are not properl y inst al l ed. T hey need t o be away f rom t he boards on t he dock so t hst you have room f or your f eet t o cl imb up 333 Children swimming right in f ront of t he boat l aunches was a real saf et y concern l ast season. I saw it happen many t imes. Pl ease l ook int o f inding a way t o st op t hat 334 Of t en f ind it can be a saf et y concern wit h kids on t ubes and jumping of f dock when boat s are l aunching or pul l ing boat out . 336 I swim here everyday. T he boat ers hat e t he swimmers and now t here's even more swimming access. T here are daily f ight s over boat ing ENT RANCE AND EXIT PROT OCOL/ET T IQUET T E. Count l ess t imes I've m ediat ed miscommunicat ions bet ween boat ers parked, lined up and wait ing t o get in vs f ol ks t ied up at dock wait ing t o exit . T HIS IS T HE PROBLEM and has not hing t o do wit h act ual num ber of parking spaces. If you l it eral l y hired one hum an t o direct f low in and out /com municat ion l iason/prot ocol enf orcer... t hen f ol ks would be leaving sooner and properl y. T he boat ers also hat e t he jet skiers who creat e chaos wit h wake and t ricks on a regul ar basis. Ohhh! I al most f orgot , maybe we coul d add more t han ONE GARBAGE BIN FORXT HE ENT IRE PARKET T E. Address t he l ack of PROPER VISIBLE ENT RY AND EXIT PROCEDURES and your parking issue wil l be gone. T hanks!!!! Chippawa St rong!!!! 337 Get rid of t he people part ying t here,keep t he kids out of t he boat l aunch area 338 I don't t hink t here shoul d be parking f ees. T here are only a f ew recreat ional pl aces t o enjoy. NPC indist s on paid parking everywhere, which f or Niagara Fal l s resident s shoul d be f ree. 34 1 I am st rongly against paid parking at t he ramp park. I bel ieve t his is wrong f or t he com munit y as many ot her public parking areas have been convert ed t o paid parking (Kingsbridge Park, parkway l ot s, et c) in Chippawa. 34 4 Children swimming and playing in t he boat l aunch whil e t rucks backing up is dangerous, t he parent s dont care hal f t he t im e , have had kids jump in my boat whil e get t ing my vehicle Re s po ns e ID Re s po ns e 7 0 Page 180 of 472 34 7 It shoul d be f ree publ ic access much l ike a parking l ot at a cit y park. 34 9 I go t here 5 t imes a week at dusk cus t he phot o ops are great . Ppl come f rom everywhere. Y ou shoul d make t he out if t owners pay. T he ramp is t he onl y pl ace f or l ocal s not t o pay. Ot her cit ies charge t ourist s and not l ocal s. N. F. Needs a break f or l ocal ppl . I cant af f ord in a pension t o buy 10 passes a year t o enjoy a cit y I live in. Cit ies need t o do somet hing f or t he resident s. We are at t he mercy of t ourist s al l year. 355 Don't overt hink t his. T he biggest increase I've seen in t he park is visit ors f rom out side of Niagara. Cl ose t he park of f t o out siders t o st art (l ike some beaches in Niagara) and see if t hat addresses it . T hen, just make t he park bet t er. Increase parking spot s, more wal king t rail s, bet t er access f or sm al l er, non powered vehicl es. 356 Pl ease do not use t his and ot her pl easure parking areas as anot her money grab f or t he cit y's cof f ers. 357 Wit h t he surge in kayaks, pl ease consider a separat e kayak launch. Ramps f or kayaks are becoming popular in m any areas. 358 It shoul d be f irst come, f irst serve t hen lot is f ul l . No st reet parking 360 Free f or resident s of Chippawa 361 I sincerel y believe t hat it shoul d be a boat ramp and not hing else. It 's crowded wit h swim mers and som eone is going t o get hurt . 362 T here shoul d be no charge t o park at cit y parks or f acil it ies or t o use cit y owned parks. 363 Crazy 368 Def init el y a bet t er pl ace t o saf el y swim. 375 bad idea t o put a kiddie pl ay park next t o wear t rail ers are backing up. 376 None 377 Why is t his onl y about parking f ees we need m ore garbage cans and cl eaning and a nicer picnic area don't make it a m oney grab 378 out rageous, l eave it al one 379 Designat ed t rail er spot s. No swimm ing in ramps. Cl ear m arkings or signs wit h inst ruct ions wit h a proper f l ow. Re s po ns e ID Re s po ns e 7 1 Page 181 of 472 381 If you are put t ing paid parking you need t o put no parking signs in surrounding st reet s such as Lyons creek road as t hey wil l st art making t heir own f ree parking on t he grass t hat we have t o m aint ain and possibl y up and down neighborhoods nearby such as Nassau Crescent 382 Cal l me. 90524 64 927 i hear al l t he com ment s f rom cust om ers. My wif e was al so on t he chippawa dock com mit t ee and said it was never buil t f or t his. 383 It 's a boat l aunch. T hat 's t he main purpose of t his pl ace. It shoul d be enf orced t o where boat ers have pref erred parking and don't have t o drive down Lyons creek t o park. It hol ds up t he l aunch when when peopl e are t ravel l ing t hat f ar t o get int o t heir boat or go get t he boat t o get of f t he wat er 385 Y ou.are going at t his wrong. T he increased t raf f ic wil l not l ast once pandemic is passed. Enf orce t he non boat er parking in boat er area. Al so make an "exit onl y" opening at t he road right in f ront of t he ramp so boat ers can pul l right out af t er t aking out t he boat . A f ee isnt t he answer as congest ion is sporadic. Al so al l owing a t ournament t o m onopol ize t he ram p is a huge mist ake f or a publ ic l aunch. 386 Al l vehicl es t o have an assigned parking pass. Free t o resident s, charge out of t own visit ors. Provide sol ace t o have f ood t ruck on t he propert y. 388 I t hink it s t he onl y place l ef t t hat peopl e f rom t he comm unit y can go t o rel ax by t he wat er, wit hout get t ing charged f or it . T he cit y shoul d hand out cit y st ickers so we has niagara f alls t ax payers dont have t o pay t o park 389 WE LIVE JUST ACROSS T HE ST REET FROM T HE BOAT RAMP AND HAVE OUR OWN PRIVAT E DOCK IN FRONT OF OUR HOUSE. ON WEEKENDS T HE ROAD IN FRONT OF US IS FULL OF OVERFLOW PARKING BECAUSE T HE LOT IS FULL AT T HE RAMP. ARE T HEY PUT T ING NO PARKING SIGNS ON LY ONS CREEK RD. ? IF T HEY DO T HE WEEKEND BOAT AND T RAILER OVER FLOW WILL ST ART PARKING ON T HE GRASS IN OUR SO CALLED OPG GREENSPACE PROVIDED T O US WIT H OUR DOCK AGREEMENT WE HAVE WIT H OPG. WE DO NOT WANT VEHICLES PARKED ALL OVER T HE AREA WE HAVE BEEN PROVIDED. HOW ARE Y OU GOING T O ST OP T HIS FROM HAPPENING BECAUSE T HEY FIGURE T HEY DO NOT HAVE T O PAY PARKING IN T HE GRASS AREA. T HIS IS A MAJOR CONCERN OF ALL T HE RESIDENCE T HE LIVE ON LY ONS CREEK RD. IN T HE BOAT RAMP AREA. WHAT ARE Y OU GOING T O DO ABOUT T HE OVER FLOW GRASS PARKERS? 392 Parking f ees wil l just push m ore peopl e t o park on t he road and side st reet s. Parking lot shoul d be f or vehicl es wit h t rail ers onl y, if it 's f ul l of vehicl es and t rail ers, I have no issue, but when it is f ull of cars t aking up vehicle t rail er spot s, it creat es an issue. It encourages more cars t o f il l up t hose spot s. Re s po ns e ID Re s po ns e 7 2 Page 182 of 472 398 T oo m any peopl e pl aying and swimming right in t he boat ramp. Al so, t oo many people using t he dock where boat ers are t rying t o go in and out wit h t he boat s. 399 maybe st op t he t eenagers f rom sprawl ing al l over t he docks get t ing drunk and st oned so it can be used f or boat ers since it is a boat l aunch??? 4 00 Shoul d remain f ree 4 02 designat ed swimming area l ef t of boat ramp 4 04 It s not onl y t he parking t hat 's an issue. T here should not be a swimming area at t he boat launch. Inconsiderat e peopl e swim and picnic t here wit h no regard f or boat ers. T hey do not mind t hier chil dren. Not t o ment ion t hey drink and l it t er t here and it 's very unsight l y f or t he resident s. Inconvenient f or peopl e who are act ual l y using t he sight f or it s purpose. Wit h a l ounge area, a swim dock and a park it at t ract s peopl e who are not t here t o use t he l aunch. It causes crowding and inconveniences t he boat ers. 4 07 I don't know t he answer but af t er l ast year, somet hing has t o be done. Peopl e are going t o get hurt ... 4 14 Overf l ow parking ont o Main St reet and t he area surrounding t he boat ram p park is a major concern. 4 16 Y ou real l y do not have a choice but t o charge now t hat Niagara Parks is charging at al l l aunches. 4 18 Discount ed parking if im pl ement ed should be f or Niagara Region resident s. Neighbouring com munit ies (i.e. St evensvill e) are immediat el y put at a disadvant age because of t heir post al code. 4 19 Discourage people f rom f ishing and loit ering at t he dock, discourage peopl e f rom swimm ing f rom and near t he dock and ramp. T his is ext remel y dangerous and im surprised t here hasn't been a m ajor incident . 4 21 We pay f or enough parking and t axes 4 23 i hope t hese suggest ions wil l help. Re s po ns e ID Re s po ns e 7 3 Page 183 of 472 4 25 i have a f ew suggest ions t hat i know wil l hel p. f irst a coupl e of saf et y concerns, t his m ust be l ooked int o or t here will be a a bad accident . no swim ming t hat must incl ude DOGS , t here is peopl e in t he boat ramp kids adul t s dogs swimming when boat s wit h mot ors running going in and com ming out , it s a boat l aunch. .... T HIS IS A BIG PROBLEM. maybe you coul d buil d a swim ming area nearby. i have being useing t his dock f or 30 years . it s one of t he best boat ramps in t he area , t he problem is t here are more swimmers sun bat hers , dog swimm ers on t he dock or in t he wat er t han t here is boat ers it s an accident wait ing t o happen. t here is onl y one way you will ever sol ve t his probl em..... and put t ing up signs woul d be a joke. i sugest a boat pass 4 0 a year and 10 f or a day pass f ot t hose t hat just use ram p once or t wice a year. t he reason f or t his is you wil l have t o have someone on dut y t o col lect money but al so keep t he docks f ree of swim mers et c. my l ast suggest ion is t o put a big sign up t el l ing boat ers t o prepare boat s f or l aunching. al so when pul l ing boat out t ake it t o back of l ot t o prepare it f or t he road not at t he ramp in ot hers way. it s common c0urt esy but what can i say.. i have not hing against swimmers, i had a cot t age across f rom ramp when i was young, t here is not many if any t hat can say t hey swam in t he creek as many hours as i have. if you have any concerns i woul d be happy t o hel p , 4 26 Needs more boat l aunches. T oo much congest ion t rying t o get t he boat in and out 4 29 T his must be a "no swimming zone" peopl e t ake up one f ul l side of t he l aunch t o swim and m ost of t he dock space t o sit . Provide m ore space on t he shore f or t hese act ivit ies and more pare parking f or vehicl es wit hout t rail ers. 4 30 Swimming shoul d be banned. Or shoul d be done at it 's own not . Not mixed wit h boat t raf f ic 4 31 Shoul d be more pic nic t abl es and bbq area f or young f amilies who l ive in apt s and not have homes wit h back yd t o relax l ot s of f peopl e st uck in apt s and no bal conies onl y af f ordabl e pl aces t o go get some air and you want t ax t he poor 4 35 Wit h Niagara Parks inst alling parking m et ers at al l of t heir locat ions t his sit e is going t o be overrun wit h vehicl es if some sort of cont rol s are not put in pl ace in t he dock parking l ot and on surrounding st reet s. 4 36 Add a dedicat ed kayak l aunch separat e f rom t he boat ramp t o el imat e any conf lict s wit h boat ers. 4 38 enf orce t rail er onl y parking spot s. St op kids f rom pl aying on t he l aunches. t wice kids jumped in behind my m ot or running. 4 4 0 Launch area f or non m ot orized bot s. Kayaks and canoes Re s po ns e ID Re s po ns e 7 4 Page 184 of 472 4 4 4 Addit ional parking needed. Even just st oned area. Cl early marked f or passenger cars. Ensure swimming is onl y of f t he smal l er dock t o t he right . It is easier t o dock a boat and put on t rail er when against current . T his brings al l boat ers in t he pat h of swimm ers when bringing boat s of f wat er. T al k t o area f ire chief Rod Dunnet t . T his is t aught t o boat operat ors incl uding our own f iref ight ers. T here is a way everyone can co-exist . We just need t o swit ch t he docks around and keep passenger cars out of t rail ering area. 4 4 5 Addit ional parking in f ry t ruck l ot 4 4 7 List ening t o my neighbours major concern is swim mers using t he area t oo cl ose t o t he boat ramp. Eit her need a second boat ing area or enf orce keeping swimming away f rom t he ramp. 4 4 9 Re conf igure t he parking l ot and give a separat e ent rance t o t he non t rail er parking area and m ake t he main l ot t rail er onl y 4 50 Open up anot her boat ramp 4 54 My onl y suggest ion is t o put in a regul ar bat hroom f acil it y as t he port abl e t oil et s t end t o get gross f ast . 4 61 I have no specif ic concerns. 4 63 Everyt hing seems t o be about t he dol l ar.We can't park anywhere now unl ess you pay. Kings Bridge Park.. Duf f erin Isl and On and On.I have been a resident of Chippawa since 1965.Pay my t axes,l ook af t er my propert y and don't ask f or a l ot in ret urn..Keep t he docks f ree of charge.. 4 64 I usual l y wal k t here f rom my home. Parking f ees woul d not concern m e f or mysel f , but it shoul d st ay as f ree parking f or t he enjoym ent of ALL. 4 66 do not al l ow swim ming t here. It 's a busy pl ace and someone wil l event ual l y get hurt or kil l ed. 4 67 t he im provement s l ook f ant ast ic, very appreciat ive of t he upgrades. Needs more garbage bins or col lect ion or l arger wast e cont ainers pl ease. 4 69 - park shoul d be monit ored by a st af f member, t here is const ant swimming al ong t he new no swimming sign zones post ed l ast sum mer. -t ons of publ ic drinking in t he park as wel l , dangerous wit h boat s being t rail ered and l aunched. - t he dock shoul d be st rict l y f or boat s, no sun t anning or hanging out . T anning and rel axing shoul d be on t he l awn areas -no 4 71 Make it so t hat t here can onl y be peopl e wit h boat t railers parked where t hey are supposed t o and make t he peopl e wit hout boat t rail ers park in t hat l it t l e parking area or f ind somewhere el se t o park because it is a boat l aunch Re s po ns e ID Re s po ns e 7 5 Page 185 of 472 4 73 It 's one of t he only f ree ramps l ef t , l eave it t hat way. Resident s shouldn't be charged t o use t hings we pay f or by being resident s and paying propert y t axes. Monit or parking of cars in t rail er spot s and provide saf er areas f or non boat ers t o enjoy. Encourage out doors and com munit y 4 74 Concession st and wit h ice cream 4 79 Licals should not have t o pay, have f ree permit t o displ ay and ot hers f rom out of t own shoul d be charged. Local s are al ways having t o pay ext ra t o enjoy nat ure. T he met ers al ong t he parkway are a shame ! Im having t o drive out of yown t o enjoy kayaking which hel ps m y m ent al heal t h! 4 81 T his park was been wel l used by l ocal resident s since t he improvement s have been made...boat ers, f ishers, swim mers, dog wal kers, f amily wal kers, cof f ee break workers. If t here is any way t o promot e t his as a "local" park, rat her t han a t ourist park t hat woul d be ideal . T he t ourist s know how t o f ind "f reebies". 4 88 Suggest parking onl y wit h vehicl es wit h t rail ers during t he weekends! 4 89 Read my previous comment s 4 91 I'm ret ired on a f ix incom e and l ove t aking m y grandchil dren t o t he ramp. Niagara parks is now charging t o park your car, it has l ef t a bad t ast e f or t he l ocal s in our com munit y. Peopl e have been parking along our wat erways since horse and buggy days why now dose t he need t o f orce money out of our pocket s, especial l y in t hese t im es, it is depressing! 4 92 If changes are made pl ease al l ow Niagara Region resident s t he same discount s et c as Niagara Fal l s resident s. We have enjoyed years and years of t ime spent in t he parks and in t he wat er t here. 4 93 Make known asset s 4 95 Why change a good t hing- just going f or a cash grab 4 97 Pl ease, pl ease m ove t he swim area! It doesn't bel ong near boat m ot ors. Kids don't know or don't care. Boat Ramp, not swim ramp. 500 DO NOT BELIEVE NON-RESIDENT S SHOULD BE T REAT ED DIFFERNT LY . DO PEOPLE OF NIAGARA NOT VISIT OT HER PLACES? 501 Expand t he parking if possibl y. T icket cars t hat are parked in a t rail er space. A second f acil it y near t he rowing cl ub. If a f ee is charged, who will monit or t he parking. Re s po ns e ID Re s po ns e 7 6 Page 186 of 472 504 It was nice t o f ind a boat launch t hat was f ree I don't use it of t en but it is a nice backup if Erie is t o windy. It woul d be nice t o buy one pass good f or al l Niagara our t axes pay f or al l Niagara region so m y pass shoul d be good at al l ramps 505 My onl y concern wit h paid parking is ensuring it s enf orced. Al so t he at t it ude of f icers pat rol l ing and t icket ing t here wil l get as I know t he one by T im mie's get s a l ot of f l ack f or doing her job. I al so worry peopl e wil l park al l on t he side st reet s in resident ial areas. 508 More parking space needed 509 Saf et y f or swimm ers, more garbage cont ainers as t here are on t wo and t hey are usual l y f ul l and overf l owing, please do not l it t er signage where is t he kayak l aunch, could use more space f or boat t rail ers. 513 It becomes very st ressf ul and unsaf e when you are t rying t o l aunch a boat and chil dren and/or dogs are swimm ing at t he l aunches. T his is an accident wait ing t o happen. Same sit uat ion happens when you are pul ling up t o t he dock wait ing f or a spot t o bring your boat in, peopl e are swimm ing in t hat area and you are t rying t o avoid t hem. It is very dangerous. Swimming should not be al l owed anywhere at t he boat ramps or dock. 515 T he people t hat use t he boat dock f or swim ming, drinking & BBQ, pose a heal t h & saf et y probl em. When l aunching boat chil dren & adul t s, dogs swim when at t empt ing t o l aunch your boat ext remel y dangerous. Same when docking biat swimmers are in direct cont act wit h your vessel again ext remel y dangerous sit uat ion. Shoul d not /not all ow swimming f rom t his area. T oo m any close cal l s. It t akes t he enjoym ent out of boat ing very st ressf ul . No swimming shoul d not be al l owed at t he l aunch area & dock. 517 T he need t o remove pedest rians and swimmers f rom t he act ual boat ramp access t o avoid people in t he l aunch area. 519 Swimming shoul d be discouraged around docks and ramps. 524 I go t here, pick up garbage, l aunch my boat . t he onl y issue was t he wil d swim mers on t eh dock bef ore t he signage designat ed where t o be.....al most hit a coupl e jumping at m y boat ...but t hat seems t o have sort ed it self out . I do not l ike t he idea of paying f or boat ramp usage. it just looks l ike a cash grab t o m e....just l ike every ot her mot ion in niagara f al l s. 525 I t hink a t raf f ic l ight at t he int ersct ion of Lyonc Creek and Sodom would be bet t er t han making changes t o t he boat l aunch f acil it y. 535 Cars parking in t he t rail er spot s wit h no t rail er on Re s po ns e ID Re s po ns e 7 7 Page 187 of 472 537 Would l ove t o see a dedicat ed area f or put t ing kayaks and canoes in t he wat er and woul d l ike t he pl ayground enl arged. Parking spaces need t o be added f or boat ers wit h t rail ers and no parking signs post ed on bot h sides of Lyon's Creek Road wit h it being enf orced dail y. 538 Don't add f ees. Al l f ree parking is being t aken away and we are l oosing out on what limit ed nat ure we have around our region. 539 Swimmers int erf ere wit h boat docking regardl ess of post ed signage - def init el y a saf et y hazard 54 1 T his is a Boat Ramp and al ways has been you are t rying t o provide weekend non boat ers parking t o sit and do not hing. If you want t o mix kids pl aying dogs wal king and peopl e sunbat hing you need t o f ind anot her l ocat ion and l eave t he boat l aunch f or boat s onl y. Non boat er visit or's wil l not pay boat ers wil l pay if it 's not a money m aker f or t he cit y. T he charges shoul d be f or repairs and m aint aining t he ram ps. Maybe on t he weekends you put somebody t here t o keep everyt hing running perf ect ( ramp at t endant ) 54 4 Pl ease do not int roduce paid parking. We l ove coming as a f am il y t o enjoy t he wat er and t his woul d real l y put a 54 5 It is a boat ramp get t he swim mers and t he peopl e t hat part y and drink out of t here 550 Improve Washroom Facil it ies 553 I suggest t o have a t ime limit f or a boat owner who uses t he parking and ramp but f ree f or t hose who onl y want s t o enjoy t he river and def init el y f ree parking f or NF resodent s. i 554 T he underage drinking t hat goes on needs t o be bet t er monit ored as t his was a huge issue I not iced l ast year whil e using t he ram ps. T he general disregard t hat t he kids swimming had f or boat t raf f ic was horrendous and t here is a possibil it y f or injuries if t his is not t aken care of 555 Swimming and f ishing at t he ram p shoul d not be al l owed.Chil dren not monit ored. No l if e guard. Risk of drowning and injury. A l ot of f ishing l ine and hooks are caught up in rocks and weeds. T hus shoul d be used f or boat l aunching onl y 556 Bet t er direct ional arrows. 558 Keep sunbat hers away f rom t he boat l aunch ram ps 559 Pl ease put up and enf orce No Parking signs on bot h sides of Lyon's Creek road t o m ake t he roads saf er f or pedest rians and drivers. Re s po ns e ID Re s po ns e 7 8 Page 188 of 472 564 None 565 T he summ ers is a huge probl em t here at t he dock a needs t o be f el t wit h bef ore some one get s hurt or kill ed and drinking and part ying is anot her and peopl e using t he river as t here bat h room because t hey don't wanna use out house and more inf orcement woul d be great 566 Just l ike t he parks commission. I f igured t he cit y woul dn't be f ar behind. I onl y pay alm ost 10k a yr in propert y t axes, why not t ake som e more! 571 T he locat ion of t he marked swimm ing area is dock space bet t er served f or boat docking due t o current f l ow and direct ion of t ravel when boat s com ing up t o docks f rom t he wat er . Swimmers are wit hin f eet f rom propellers , l arge m ass boat s . I'd suggest t he f ar dock be reassigned as swimm ing area l eaving t he ent ire l arge dock area rest rict ed f rom swimmers in order t o al l ow boat s t o l ine up in queue as t he current f l ows up t owards t he boat cl ub 575 Let 's upgrade t he pl ayground ! 578 I t hink we need t o l eave t hings al one. 582 T his is peopl ed l and and must be a f ree, not be paid!!! 583 I t hink t he Quest ion 10 opt ions shoul d not be impl ement ed in isol at ion, and t hat a combinat ion shoul d be considered. Perpet ual f ree parking was an unreal ist ic expect at ion and I do not object t o some t ype of paid parking as l ong as it is appropriat el y implement ed and calibrat ed f or vehicl e usage and t ype. Al so import ant , why are t here no considerat ions t o im proving t he on- st reet parking suppl y al ong Lyons Creek Road? T here are no inherent saf et y concerns wit h cont inuing t o al l ow on-st reet parking al ong Lyons Creek Road where space perm it s and t here are no sight l ine issues. Furt hermore, al l owing t he l ayby parking t o exist wil l help in t raf f ic cal ming ef f ort s and improve t he overal l suppl y of Boat Ram p parking. I woul d like t o see enf orcement of prohibit ing domest ic vehicl es using t he designat ed t rail er parking area. It is saf er f or t rail ers t o st ay of f -st reet due t o t he more inexperienced nat ure of drivers t owing t rail ers and negot iat ing on-st reet parking. 584 Pave and st ripe on-st reet parking down Lyons Creek Rd f or spil l over. Pave a wider driveway ent rance. Add signage f or designat ed t rail er parking spaces. Paint and st ripe a designat ed boat ramp t rail er queueing l ane beside t he l awn area so t hat t rail ers don't bl ock parking l ot circulat ion and so t hat passenger cars don't bl ock t he queuing area. Inst all a new designat ed swim ming dock sout h of t he exist ing docks because it is very dangerous t o have kids swimming at t he ram ps wit h boat s l aunching and unl aunching. T he current is very dangerous and we had a cl ose cal l l ast summer wit h a kid jum ping in at t he l ast m inut e as our boat was moving int o t he shore...boat s don't have brakes l ike cars. Re s po ns e ID Re s po ns e 7 9 Page 189 of 472 587 Chippawa Boat Ramp Park: is very nice, t he commit t ee has done a great job. t he onl y t ime parking or saf et y issues have been observed is when it get s t o f ul l capacit y. 590 Provide addit ional garbage cans as peopl e l eave t heir garbage everywhere. Priorit y shoul d be given t o t hose who are launching t heir boat s. T his area shoul d not be used f or swimm ing. During t he summer it is just chaos wit h boat s coming in, going out and peopl e swimming. 591 Bigger concern is l ight ing t he area and t he kids jumping of f t he bridge- swim ming wit hout f l oat ers 592 Has considerat ion been given t o devel oping it int o a f ull park. 593 For mysel f I don't use t he ramp a l ot and somet imes just go out f or an hour or t wo ,doesn't seem f air t o pay f or a short ride. 594 Y ou guys are greedy bast ards wit h no compassion 595 At m ost ot her boat l aunches in t he region a set f ee is charged t o launch you boat . Bel ieve t his shoul d be impl ement ed and t he f ees col lect ed could help pay f or t he upkeep of t he boat ramps and docks. T he Niagara Parks are now charging $10.00 f or parking at t heir l aunch ram p on t he upper river and it no where as near as nice as t he Chippawa Boat Launch. 597 t here needs t o be no parking on t he edge of roads by t he park. 599 It 's nice t o have a f ree ramp as most ram ps are cash grabs now. Most pat rons are respect f ul and I've never had a probl em using t he f acilit y. Onl y t hing I would suggest is t o enf orce no swimming around t he ramps. 601 T his survey seems designed t o gent l y int roduce a parking f ee st ruct ure. T here are no ot her al t ernat ives provided f or comment . For exam pl e, increase parking l ot size, real ign f l ow, separat e t rail ers vehicl es f rom passenger onl y vehicles, add an at t endant (summer st udent ) t o direct and coordinat e l aunchs and ot her t raf f ic 602 Paid parking in Niagara f al l shoul d be f or out of t own visit ors onl y. We have enough peopl e coming f rom ot her cit ies using our f acil it ies, t hat t hey shoul d be paying t he ext ra f ees. 603 Remove boat l aunch, add more docks, bet t er playground, more t ables and chairs Re s po ns e ID Re s po ns e 8 0 Page 190 of 472 604 A serious at t em pt has t o be m ade f or pol ice enf orcement of t he area. Not onl y Chippawa boat ramp, but al so t he docks next t o T im Hort ons. T his past year t here were way t oo many t eenagers t hat were "T aking Over" bot h f acilit ies. Boat ers had t o get out of T HEIR way. Bot h docks and f loat s were occupied by young peopl e, who had no regard f or ot hers, no saf e dist ancing, no com mon court esy, no comm on sense saf et y prot ocol s. Argument s were st art ed when approached and asked t o m ove out of t he way f or a boat who was coming int o dock (man was on a f l oat and ref used t o move. We were t ol d t o go around him). Our f riends who own a pont oon boat com pl ained t o t he cit y and your sol ut ion was t o divide t he dock in hal f f or swim mers and boat ers. T his of course did not work because t here was no enf orcement . My suggest ion is t o designat e a swimming area t o t he east (right as you are f acing t he Wel l and River) of t he act ual boat l aunch. T his way t hey have t heir own swimming area and are not in t he way of boat ers t rying t o dock or someone risking f al l ing int o t he river because t hey have t o st ep around kids who ref use t o move on t he dock. T his can onl y work if t here is pol ice enf orcement . Doing it on t he honour syst em wil l not work. In t oday's societ y unf ort unat el y it is "me f irst " and screw everyone el se. 605 I would suggest working somet hing out wit h t he owner of t he propert y t hat used t o be golf course just up Lyons creek road. Put in an auxil iary l ot t here f or t rucks/cars and t rail ers. It 's an easy wal k back t o t he boat ramp. Sorry I can't get an exact address f rom googl e m aps. Inst al l a pay as you go mechanical parking gat e t o keep cost s down 606 boat l aunches shoul d be f irst come f rist served. no charge f or parking but t icket ed t hose parked il l egal l y. 608 Enf orce no swimming near and around t he boat l aunch. T his is an accident wait ing t o happen, very unsaf e! 609 t oil et f acilit ies, prompt garbage pickup 615 maybe we ensure t hat t he boat l aunch is onl y being used by Niagara resident s 618 Y ou shoul d f ast -t rack t he devel opment of t he adjacent park, where you shoul d incl ude addit ional paid parking and a swimming area. It 's FAR t oo dangerous t o all ow swimming at t he boat docks. 623 Build a l ot specif ical l y f or cars 629 kids swimm ing wit h props spinning in t he wat er 630 It woul d be nice t o ext end t he dock or wal king pat h 631 Do not al low swimming around t he docks! Way t o dangerous. Re s po ns e ID Re s po ns e 8 1 Page 191 of 472 633 My biggest concern is t he swim mers. T his pl ace was made m ost l y f or boat s. Al l owing peopl e t o swim t here is very dangerous. T here are enough spaces on t he creek t o creat e a separat e swimm ing area, t o keep peopl e saf e. 635 No comment 636 It shoul d onl y be used f or boat t rail ers 638 Y ou shoul d not al l ow vehicl es wit hout t railers t o park in t he l ong t rail er spot s. Add parking f or non t rail ered vehicl es on t he f ar side. So many t imes when you pul l in t here wil l be single vehicl es parked side by side wit hout a t rail er but using 2 l ong t rail er spaces 639 Horribl y out dat ed park al ways f ull of beehives. Washroom f acil it ies shoul d be upgraded. More picnic are opt ions 64 0 More areas f or l ocal t o enjoy t he wat erf ront 64 1 Peopl e swimming here when boat s are t rying t o use t he BOAT l aunch makes it dif f icul t and unsaf e. No swimming. 652 I bel ieve somet hing needs t o be done about t he swimming of f t he dock al so. A l it t l e kid is going t o get hurt bad by a boat , but t he boat ers keep asking t hem t o get away f rom t he dock. 654 Swimming in t he boat ramp area shoul d be rest rict ed 655 I was born in niagara f al l s and f amil y st il l t here. I do use t he l aunch several t imes wit h f amil y. i woul d mind paying a seasonal pass but limit ed t im e use woul d have al ot of concerns. T hank you 658 Pl ease keep t he swimmers of f t he ram p IT IS DANGEROUS 663 paid parking at t his f acilit y is not support ed by t he cost of enf orcement . It is f ree t o use now and shoul d remain so. It s not t he f el l ow wit h t he $150,000 bass boat you shoul d be concerned wit h, it s t he f at her wit h t wo young chil dren who has no more money t o give, but want s t o recreat e. Al so T ril l ium and ot hers donat ed t o t his project on t he basis of increasing recreat ional opport unit ies. Y ou guys and ot hers who woul d compl ain about ot hing seem bent on t aking t his opport unit ies away. 664 Keep it f ree l et t he peopl e enjoy f ree f or a change 666 Wit h t he huge inf l ux of new resident s and more int ensif ied use Perhaps and addit ional l aunch sit e could be invest igat ed. Re s po ns e ID Re s po ns e 8 2 Page 192 of 472 667 I suggest making anot her boat ramp possibl y where t hey are doing const ruct ion of t he new bridges near Mont rose Rd. A parking lot could be made where t he const ruct ion sit e is now. Pl ease have a l ook at t his area. 668 Cars shoul d be al l owed t o park in t he road again. T hat hel ped a lot . 669 Peopl e in t his com munit y have enjoyed having t his access and been able t o enjoy f or m any years. I don't t hink it needs t o be ruined f or t he l ocal s because of t ourist and t he ridicul ous growing popul at ion in chippawa 671 Boat ramps shoul d be f ree t o Niagara resident s pl ain and simpl e. T axes are col lect ed t o m anage t hese docks, if you put paid parking or t im e l im it s on it t here wil l onl y be more issues. People wil l park t heir cars on t he grass down t he road, t hat road is dangerous you cannot have peopl e walking on t he shoul der t o avoid paying. Peopl e wil l st ill com e, t hey wil l park at t he church at t he area across t he st reet , block t he side st reet s wit h t heir vehicl es t he consequences are not good and wil l onl y anger t he com munit y. If you expand t he parking l ot t o t he area on t he l ef t resident s woul d be wil l t o pay f or t hat expansion it woul d have l ong t erm benef it s and woul d m inimize issues. Do not m ake t hat parking l ot paid, I cert ainl y wil l not vot e f or t hose who are in support of making parks and ot her recreat ional areas have paid parking it is not in t he best int erest of t he com munit y. 673 Not al l ow kids t o swim on or in t he l aunch area as it 's highl y dangerous f or boat ers coming in and out of t he wat er. 675 Swimming area way t o cl ose t o boat ramp. 676 Don't make users pay f or t he boat ramp. PERIOD 677 Kids shoul d not be swimming or f ishing at t he docks as someone is going t o get hurt or worse. 678 As a l if et ime m ember of t he Niagara communit y I don't t hink I should have t o pay o enjoy t he beaut ies of t he Niagara region. 679 As a boat owner we pay al ot t o enjoy our boat al ready , you seen t o want t o gouge us m ore ,your greed is out of cont rol . 681 Pl ease do not st art charging high parking rat es f or our cit y resident s t o use f acilit ies t hey paid f or in t he f irst pl ace. T hat is t he job of t he Niagara Parks Comm ission t o charge f or parking on every bit of asphal t and grass t hey own. If parking cont rol is t he m ain concern I suppose high parking f ees may sol ve some of t he probl em but as usual t he l osers are t he l ocal s. A f ree pass f or resident boat ers t o displ ay and high enough parking t icket s t o det er t he peopl e f rom parking in t he wrong spot s. OR JUST MAKE MORE PARKING Re s po ns e ID Re s po ns e 8 3 Page 193 of 472 683 It is a quiet park and I don't see any reason t o l imit t he number of visit ors by put t ing a f ee. 685 Shoul d st ay f ree 686 T here shoul d be a bet t er l adder f or f l oat ers t o get in and out t o avoid going near t he boat l aunch. As wel l as more signage f or no swimming 688 I al ready pay f or a Niagara Parks parking pass. I woul dn't want t o have t o pay f or anot her one...but if I do I woul d pay a smal l amount 694 Lyons park is close and open f or kids t o pl ay at , and f or people t o enjoy t heir l unch or a cof f ee. T his is f or launching boat s. It makes f or a dangerous sit uat ion when l oose dogs and kids are jumping in t he wat er when you're l aunching a boat . Boat s shoul dn't have t o worry about f ishing lines in t he wat er when t hey're docking eit her. If singl e cars don't t ake up al l t he t rail er spot s t hen boat t rail ers won't have t o park on Lyons Creek road and cause t raf f ic probl ems. I had t o pay f or my boat l icence so maybe proof of t hat can al l ow me f ree use of t he dock and parking 697 T he biggest concern is al l owing t he swimming t here, you are asking f or an accident t o happen. T his was made specif ical l y f or l aunching boat s. Pl ease make anot her area f or t hose who want t o swim. Make it f ar away f rom t he boat l aunch. It is dif f icul t t o avoid hurt ing someone when t hey are jumping in near boat s even f or very skil l ed boat operat ors and t here are many novice boat ers t here. T his is t he biggest issue t here. 698 T he cit y is bending over backwards t o appease t he out of t owners who don't pay any t axes whil e ignoring t he needs of t he l ocal s. Al l swimming areas are now gone and you gave us a puddl e f or a pool . Now we can't even enjoy t he crick because of al l t he congest ion 700 Open up kings bridge park t o swimm ing beach again and cit y runs it wit h cit y l if eguards t aking t he swim mers away f rom t he boat dock. Pl ace new DOC opposit e boat ramp so swim mers and f l oat ers can get out . And post no boat s 701 Vehicl es parked in t rail er spot s shoul d be monit ored and t icket ed. 704 No swimming at t he boat l aunch. 705 Al l ow f ishing in a designat ed area. T here is no where t o f ish wit h chil dren around Niagara unl ess you have a boat which is very unf air! Re s po ns e ID Re s po ns e 8 4 Page 194 of 472 706 I am a Chippawa resident who avoids going t here even t hough it is a l ovel y space t o sit and enjoy t he view. I f eel l ike it is an accident or f ight wait ing t o happen. I don't f eel like t here shoul d be paid parking f or l ocal resident s. We need t o come up wit h a pract ical sol ut ion f or boat ers and swimmers. What about anot her boat l aunch or opening t he swim area again at Kings Brisge Park? 708 Overcrowding 711 I don't bel ieve in paid parking. It shoul d be f irst come f irst serve basis, not f air t o charge t he locals parking when t hey al ready paying t axes 712 Shoul d be open now 713 Enf orcement of t he no swim ming signs. Very dangerous wit h boat propel l ers running and peopl e swim ming 714 T icket peopl e t hat are doubl e parked or parked il l egal l y. Income f or cit y and reduce t he chaos t here on weekends. 715 My concerns are as f ol l ows. T he t rail er and car shoul d be f or peopl e wit h boat s et c. No car!!! T he ot her t hing wit h Covid going on t he peopl e swim ming shoul d be on t he short dock and boat ers on t he l ong dock. T hey can jum p in t he wat er and f l oat t o t he end of t he l ong dock. I f ound it dif f icul t t o get a boat in on t he l ong dock whil e we onl y had l imit ed space. Pl ease leave t he l ong dock f or boat s.., short dock f or swimmers. I love it t here in Chippewa pl ease don't charge!! 716 We need t his f or our resident s at no charge parking t hat it is accessibl e t o al l . If real l y needed add more.parking some how. Even remot e l ot . 717 recreat ion should be avail abl e t o al l . we pay enough t axes. f ind ways t o be creat ive on your end inst ead of dipping int o our pocket s more and more t o enjoy our out door areas. 718 t icket and t ow singl e vehicl es parked in spaces f or t ruck and t rail er. Peopl e using t he area as a swim ming pool bl ock t he ramps and make it a very dangerous sit uat ion when backing t rail ers 721 It is sad t hat t hose of us t hat l ive here can enjoy t he com munit y because everywhere it t he f alls is a cost . Y ou charge al l t his f or t he t ourist but where is t he break/enjoym ent f or t he resident s t hat l ive here who al ready pay so much in t axes/f ees/l icence. T here shoul d be a pass f or resident s. T his is our communit y t o enjoy and you make us cost prohibit ive 723 Cant we just have som et hing f or f ree .Seniors are maxed out .Al l t he new buil dind going on t he cit y must have l ot s of ext ra. Re s po ns e ID Re s po ns e 8 5 Page 195 of 472 725 Leave it as it is! 728 Parking passes wil l not sol ve t he probl em, t he l ot needs t o be bigger 734 Great est concern is having chil dren and swim mers around t he ramps when ent ering & exit ing. Boat parking get s used up by single vehicl es, possibl e have t hem park in separat e l ot . 735 St op t he m oney grab. Leave quaint Chippawa al one 74 0 Leave t hings t he way t hey are. Cit y al ways f eel like t hey need t o charge f or parking. 74 2 Needs t o have securit y 74 5 Niagara Fal ls Resident s onl y shoul d be able t o use f ree of charge as m any users are f rom ot her cit ies, incl uding T oront o. Last summer, during Covid, I personally saw & spoke t o peopl e who where not f rom t he Niagara Fal l s area. T hey arrived wit h vehicl es f ul l of peopl e, som e wit h bl ow up f loat ing craf t s. T hey m ade t he whol e area dangerous t o even wal k t hrough. I picked up som e of t heir garbage. I was born in NFO & grew up ON Lyons Creek Rd & now I f eel ot hers have discovered our special secret pl ace. 74 7 It is a l iabilit y f or everyone t o have children swimming on and near t he boat ramps, running behind reversing t rail ers. It is onl y a m at t er of t ime bef ore someone is seriousl y hurt . A separat e dock shoul d be sout h of t he 2 l aunch Ramos shoul d be const ruct ed f or swimming 751 T his ramp woul d not be so busy if t he Parks would set up more boat ramps al ong t he Parkway on t he river. T here are hardl y any. Signs shoul d be pl aced on one side t o ent er and t he ot her t o exit . Al so signs or some securit y shoul d be on sit e t o make sure t hat chil dren are not playing in t he wat er at t he ramp. When l aunching a boat you cannot see behind t he t railer and boat wel l enough t o st op in t ime if a chil d or adult were in t here. 753 Now we use t he ramp f or f l oat ing in creek 755 Sounds l ike t he cit y is going t o do a money grab and screw one of t he l ast pl aces up t hat boat ers can enjoy 760 Add m ore spaces. T ow cars f rom t rail er spot s 761 Expand t he parking l ot , t here is room t o add addit ional parking spaces f or everyone. Expansion t o have separat e area f or regul ar parking and boat and t rail ers 762 Prohibit swim ming around boat l aunch Re s po ns e ID Re s po ns e 8 6 Page 196 of 472 763 expand t he parking 769 Season pass shoul d be avail abl e f or Niagara Region resident s not just Niagara Fal ls resident s. We al l pay t axes t hat cont ribut e t o t he healt h / econom y of t he region and l ack of ot her boat l aunch's in t he region l eave us f ew opt ions on where t o go and t his woul d be even m ore rest rict ive/unf air. Especial l y given t he Niagara Parks are now charging t o l aunch boat s as wel l . I am not against a f ee t o park or a f ee t o l aunch boat s, as maint enance f or bot h t he ramps and docks is required and cost l y, perhaps a $5-10 l aunch f ee, t hat al so covers t he parking cost and monit oring/enf orcement f or t rail er parking spot s. A seasonal l aunch pass by of ~$100-120 coul d be anot her idea, 770 Limit ing parking hours t o l ess t han 6-8 hours is not appropriat e f or parking used f or a boat ramp. A l ot of peopl e spend t he day out on t he wat er, and having a limit ed t im e f ram e woul d increase t raf f ic on t he launch it sel f , which adds t o t raf f ic issues in t he l ot . 771 Keep anyone not in t he region f rom using it during t he pandemic. T icket everyone else or at l east prevent t hem f rom l aunching a boat . As f or any ot her t ime when t he pandemic is gone, Keep parking f ree f or niagara resident s. We deserve som et hing f or our t ax dol l ars wit hout having t o const ant l y pay ext ra f ees. 778 Enl arge t he parking l ot and specif y designat ed areas f or boat ers and picknickers 779 t his is a boat launch,not apubl ic beach 780 Shoul dn't have made t he docks so big as it increased t he people t hat swim t here. Worst updat e made. 786 If you're going t o do anyt hing put in more spaces f or peopl e wit h boat s and st op let t ing peopl e go swimming. T here are ot her docks in chippawa t o swim at and onl y one boat ram p. NO CHARGING 789 T he swimming shoul d be al igned t o t he cl oset dock t o avoid crossover of t he l aunch. Put our docks back at weight man Bridge and t hat will hel p al leviat e some t raf f ic as wel l. 791 Once again t his is a boat ram p , correct . Peopl e might get hurt , swimming where boat are l aunching and ret urning. 792 5his is a boat ram p. T hat s what it was buil t f or. Not f or t he enjoyment of peopl e swimming . 795 Peopl e have t o real ize it 's not f or swim ming and f ishing. 797 Leave chippawa al one Re s po ns e ID Re s po ns e 8 7 Page 197 of 472 798 Leave it al one!!!!!! 799 A $25 per year pass sounds good. Ideal l y we increase t he parking l ot size or al l ow st reet parking, but let 's maximize peopl e's out door act ivit y and at t ract ion t o t his l ocat ion as t he volume of peopl e gives it a great "vibe" ot her cit ies don't have. Re s po ns e ID Re s po ns e 8 8 Page 198 of 472 Municipal Works Staff solicited input from the residents of Niagara Falls, general public and users of this facility through public notices on the following: City Website (Homepage and Transportation Services Page) Social Media (Facebook, Twitter, Instagram) Niagara Falls Review / Niagara This Week – My City Section (weekly from April 9 – April 23, 2021) MyCity E-newsletter (April 2021) Niagara Falls Let’s Talk project page Let’s Talk E-Newsletter MyCity E-Newsletter (April 2021) The notices advertised and encouraged public participation in completing the questionnaire and attending Let’s Talk Project Page for additional information (https://letstalk.niagarafalls.ca/chippawa-boat-ramp-park-operational-and-parking- review). The link for the questionnaire was posted on the Let’s Talk page for approximately three weeks from April 1 to April 23, 2021. In total over 800 responses were received, in addition to individual emails. Please refer to Attachment #2 for the detailed questionnaire results, and Attachment #4 for the individual emails responses The following provides a summary of the questionnaire results. Question 1 – Are you a City of Niagara Falls Resident? The majority of respondents (88.3 percent) indicated they are Niagara Falls residents. Of those responding “NO” they resided primarily in nearby communities, such as, Fort Erie, St. Catharines, Welland and Thorold. The furthest noted was in Hamilton. Question 2 – For which activities do you typically visit the Chippawa Boat Ramp Park? More than half of respondents (52 percent) indicated they attend this facilities to utilize the boat launch. The second largest response (17 percent) was for the docks, fishing and swimming. Within the “Other” category, the majority of responses were noted as walking. Page 199 of 472 Question 3 – How frequently do you visit the Chippawa Boat Ramp Park? Nearly half of respondents (42 percent) indicated they visit the facility between 11-20 times per season. Of the respondents who selected “Other” (10.6 percent), most noted very frequent visits to the facility, with multiple visits per week or daily. Question 4 – While visiting the facility, have you ever had concerns regarding where to park your vehicle WITH a trailer? Nearly half of respondents (41.9 percent) indicated they had parking concerns when visiting the facility with a trailer. The second largest response (31.5 percent) noted no concerns. The remaining respondents (26.6 percent) who noted “not applicable” were assumed to be attending the facility with a passenger vehicle. Of the respondents who noted ‘Yes’, they were asked to specify when they had concerns. Of the individual responses received, the predominate response was summer weekends, followed by summer weekdays. Question 5 - While visiting the facility, have you ever had concerns regarding where to park your vehicle WITHOUT a trailer (passenger vehicle)? More than half of respondents (52 percent) indicated they had ‘NO’ parking concerns when visiting the facility with a passenger vehicle. The remaining responses (24 percent each) were split between ‘Yes’ and ‘Not Applicable’. Of the respondents who noted ‘Yes’, they were asked to specify when they had concerns. Of the individual responses received, they were similar to those in Question #4, with predominate response being summer weekends, followed by summer weekdays. Question 6 – While visiting the facility, have you ever experienced any traffic related safety or parking concern? These comments are included in the summary for Question 9 below. Question 7 – In order to manage parking demand at this facility and increase the enjoyment for all users, please rate the following suggested improvements? Paid Parking (7 Days/Week) – 58.6 percent Strongly Disagree Paid Parking (Friday to Sunday Including Holidays) – 52.2 percent Strongly Disagree Limited Parking (1-4 Hours) - 46.0 percent Strongly Disagree Limited Parking (4-8 Hours) – 34.4 percent Strongly Disagree Page 200 of 472 Enforce Parking within vehicle + trailer spaces – 39.1 percent Strongly Agree Discounted season parking pass for City of Niagara Falls residents only – No consensus (28.7 percent Strongly Disagree & 34.4 percent Strongly Agree) No changes (Status Quo) - No consensus (27.2 percent Strongly Disagree & 25.9 percent Strongly Agree) Question 8 – If a season parking pass was available for residents, how much would you expect to pay? Nearly half of respondents (43.9 percent) indicated they would expect to pay $25/year for a resident pass. Question 9 – Please provide any additional comments, concerns, and suggestions you have regarding the Chippawa Boat Ramp Park: The summary below is provided for Question 6, Question 9, and email responses: Comments / concerns: o Original intention of this facility was to provide unfettered and free access to the waterfront for the community. o Address illegal parking with existing bylaws / legislation Passenger vehicles parking in the trailer spaces Parking on grass Parking in ‘no parking’ zones on Lyons Creek o Paid parking restricts the number of folks who can visit the facility to only those with the financial means. o Contrary to the intention of the Chippawa Docks Committee and previous votes/approval to maintain free parking. o Large fishing tournaments should park offsite (Willoughby Arena) o Safety Concerns: Boaters verses swimmers on dock and launch areas Altercations between users at the facility Floaters conflicting with boats Fast water currents / Visitors unfamiliar with water conditions Page 201 of 472 o More usage because of COVID. More non-Chippawa residents driving to utilize this facility. o Picnickers are installing tents having BBQs o Current parking facilities can’t handle demands / number of users. o Overflow parking on Lyons Creek and adjacent neighbourhood streets creating traffic / safety concerns o Area becoming increasingly popular. This facility is being marketed by realtors for prospective buyers. o Removal / closure of former launches (Chippawa Creek Road nearby NF Humane Society). o Demand for permits will outweigh number of available parking spaces. Suggestions o Prohibit swimmers at this facility / provide a better locations for swimming o Restrict this area for only swimmers, floaters, Fishing and launching of personal watercraft (non-motorized). Add new boat launch elsewhere. o Expand current facility westerly towards Marina/Boat Club o New / additional boat launch facilities: along the north side of the Welland River, nearby the former Marineland Property (King Waldorf Campground) Nearby the former Oakland’s Golf Course Nearby QEW o Better enforcement o Parking fees at Chippawa boat launch be collected and put towards new facility o Increase the length of the dock o Reinstate the Main Street dock at Cummington Square o Add additional passenger vehicle spaces. Page 202 of 472 o Reinstate swimming in Kingsbridge Park with a life guard o Improve boat launch at George Bukator Park o Add a dedicated launch/dock for non-motorized personal water craft o Construct parking layby on Lyons Creek for overflow o Add a facility ambassador to control unwanted behaviours/activities. Page 203 of 472 To City; RE/ CHIPPAWA BOAT RAMP PARKING/OPERATIONS – request for public response A couple of questions: 1. Does a parking tax reduce the need for an overflow parking area? 2. Can enough revenue be generated by parking fees to cover implementation and enforcement? 3. Is a parking tax diametrically opposed to the founding principles of the ramp proponents? One of the beauties of the Boat Ramp is that access is unfettered and free. It seems counter-intuitive to muck with that because someone parks their trucks and trailers on Lyons Creek Rd periodically. With all due respect, instituting a user tax will do absolutely nothing to curb the overflow pattern. 99.9% of the time there is more than ample parking. The thought of ticketing a non-payer during periods when there is plenty of parking available at the ramp defies the intent of the City and those charged with fulfillment when the subject facilities were built. The cost of implementation, i.e, execution and enforcement, renders this tax proposal nonsensical anyway as the expenses will far outweigh any revenue support for operations. Additionally, charging folks to park there is just going to stop them from using the facility, and on those long weekends when “overuse” (if that is even possible) causes them to park along Lyons Creek Rd. there is ample legislation in place to handle illegally parked vehicles. What does a parking tax have to do with illegal off site parking? Absolutely nothing. It simply restricts the number of folks that can use the facility by income and discriminates financially. To put that another way, a poor man should be able to use it the same as a rich man. Saying its just a small fee is to overlook the real pressure families are under. Recreation in the hopes of reducing long term care cost is the stated purpose of the Province and their granting organization Trillium, and charging to park at the facilities restricts the number of users, flying in the face of free access to the Creek we were trying to accomplish with the City and OTF and by extension, CPDC in the first place. Please consider the Dad with Mom and the 2 kids and their 14’ skiff right alongside the $150,000 bass boat when I say free parking and launching to the Creek via the boat ramp makes it accessible physically and financially, and they will use it, when a parking or user fee may be just enough to put them off. Please refer to the required post-fulfillment (2015) reporting to Trillium below in which I describe what OTF received for their grant to CPDC. “A community collection point was created where previously there had been an underused boat ramp. Leveraging the riverside location and funds from OTF the CPDC was able to attract the public and private partners to execute the vision to create an accessible, multi purpose recreational area. This project took an existing rundown public boat launch ramp with parking and transformed it into a public space for enhanced recreational opportunities, including; fishing, swimming, a childrens' playground , wheelchair accessible ramps and improved dock structures with seating areas, (and) improved shorewall protection……. Access for emergency services has been improved. …………………This project creates a recreational amenity for those selling residential space to retiring "re-locators" out of the GTA, as well as, new homeowners in the area of Chippawa (part of the Region’s Niagara South Growth Initiative), and the general pedestrian public who walk along the Chippawa Creek have a new destination with water accessibility. Boaters, fishermen, and swimmers take advantage of the free public access to the water. Page 204 of 472 This recreation will ultimately lead to a healthier lifestyle, the intent being to deliver a better quality of life and reduce long term pressure on medical services.………………..” “These public docks projects have a long term impact on the Community. The docks encourage folks to get out and walk to the riverside, as they provide a pastoral resting area. The young people who recreate in the Welland River (Chippawa Creek) utilize the public dock as a safe platform from which to swim and socialize. This activity will directly impact their health in a positive way. The fishermen, boaters, emergency services personnel utilizing the Creek now have a free safe access point for years to come. Chippawa will be an important contributor to growth in the Niagara region as generations of retirees seek lower cost housing options outside the urbanized areas of the GTA. Absorption rates for detached housing are strong in Chippawa as it begins to house those who would re-locate upon retirement to areas with these types of recreational opportunities.” I drive to swim at the boat ramp frequently. The notion that I would have to pay a user fee, is troubling, as it runs counter to the stated intentions of the founding organizations to provide free public access to the Creek. To my mind, the City would be dishonouring the partnership they had with the CPDC considering the free nature of the use was a legacy agreement of CPDC when we took on the project. An attempt to provide something good to the public for free, forever. We had a vote on this and informed our partner (the City) of our decision not to charge anything for use of the facilities. Forward to 2020 and the ramp is fully owned and operated by the City who have done a stellar job maintaining the facilities and legacy to date. As much as I know that situations change and a fluid cost environment exists, changing now seems like throwing the baby out with the bathwater. Simply put, a parking tax/tag fee reduces recreational opportunities, the exact opposite of the boat ramp’s purpose at a time where folks need diversion more than ever. Are you really going to restrict access via some thinly disguised tax grab that has no chance of covering the cost of its implementation and enforcement? This will turn people away from its use. Is it not better to consider directing overflow to the Chippawa-Willoughby Arena lot, particularly for fishing tournaments that can arrange to internally shuttle fishermen parking trailers while single car inhabitants could simply do the short walk? Please don’t get caught creating legislation that doesn’t address the problem, and restricts use. Instead communicate a solution via signage to use off-site parking and have the Regional Police do their job with illegally parked vehicles in front of Shirley’s place. Sincerely, Jay Mason 4419 Shuttleworth Dr NFO Page 205 of 472 1 Mathew Bilodeau From:Natasha Vuckovic Sent:Tuesday, April 27, 2021 8:33 AM To:Mathew Bilodeau Subject:FW: Chippawa BOAT dock From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Wednesday, April 21, 2021 11:06 AM To: Erik Nickel <enickel@niagarafalls.ca>; Natasha Vuckovic <nvuckovic@niagarafalls.ca> Subject: FW: Chippawa BOAT dock From: Linda Bouwman <lindabouwman56@gmail.com> Sent: Tuesday, April 20, 2021 6:56 PM To: Jim Diodati <jdiodati@niagarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Chris Dabrowski <cdabrowski@niagarafalls.ca>; Carolynn Ioannoni <ioannoni@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Lori Lococo Personal <lori.lococo.city@gmail.com>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com>; Mathew Bilodeau <mbilodeau@niagarafalls.ca>; Paul Brown <pbrown@niagarafalls.ca> Subject: Chippawa BOAT dock To All it may concern There"s a lot of views and comments regarding the Chippawa Boat Dock and the parking is a very small part of the issue. I wish that everyone would think about SAFETY above all else. If you have never tried to dock a boat, or trailer a boat at these docks or float to these docks I am sorry to say you truly can not understand the SAFETY issue by allowing swimming, floaters and boaters all at the same dock. I am not against anyone swimming, floating or boating on the Welland River. My husband and I truly enjoy watching everyone having fun on the water. We enjoy having fun on the water. It's about SAFETY. The current is in control and I fear one day someone is going to be severely hurt or even killed there. I suggest the City consider making a spot on City owned property on the North side of the Welland River either for the boaters or for the swimmers and floaters. If you could move the boaters to the North side of the Welland River (or if it's cheaper the swimmers and floaters) you would help the traffic issue in Chippawa along Lyons Creek Road, which will only get worse once they build on the corner of Sodom and Lyons Creek Road. That would leave the area on the South side for locals and others who walk and don't drive to enjoy. The new people that will move in on the corner are going to add to the issue whether it is swimming, floating or even their guests parking at the boat ramp. I know either way there is going to be a cost and maybe charging for parking could help pay for a new spot on the North side along Chippawa Parkway. Until something could be done maybe the owner of King Waldorfs would lease the boat ramp and parking to the City for the boaters. Boaters would have to pay a usage fee or parking fee. (parking fees at both locations) These are just my ideas and I would hope the City would seriously look into the dangers at Chippawa boat Dock. I floated once to the docks and I was scared to death because of the boats and the currents.I will never float that far again. I know it looks easy to control those floats but they have to fight the current also. Page 206 of 472 2 I don't want to ramble on so I would pray that you would please take this seriously and look into the SAFETY for everyone. You can't put swimmers and boaters together as you did last summer when you painted swimmers and boaters on the docks. I know you can't and won't please everyone, but your decision could save a life. Please do something before the summer boaters, swimmers and floaters get into the water. I would gladly talk to any of you regarding this email. Yours truly Linda Bouwman 905-351-8738 Page 207 of 472 1 Mathew Bilodeau From:Natasha Vuckovic Sent:Tuesday, April 27, 2021 8:33 AM To:Mathew Bilodeau Subject:FW: Chippawa boat dock From: Linda Bouwman <lindabouwman56@gmail.com> Sent: Wednesday, April 21, 2021 2:04 PM To: Erik Nickel <enickel@niagarafalls.ca>; wthompson@niagarafalls.ca Subject: Chippawa boat dock Dear Mr. Nickel I am afraid you are wrong. The city put a swimming pool in Chippawa and if you check things out it is not used as much as the river is. The Welland river is and always will be the spot kids and adults go to. Even though they are not supposed to, jumping and diving off the bridges is and always will be an issue. Opening pools is not ever going to stop this. People who float don't want to use a swimming pool. They want to get on a floaty and float for 30 minutes or more, get out of the water walk back up the river and float over and over again. They don't want to swim. The swimmers and jumpers at the docks don't want to jump in a swimming pool they want to jump in the river. This is not going to change. Families and groups spend their day together floating. Our children and grandchildren love to float on the River on nice days. Maybe because of Covid we have more people enjoying this area and I truly believe that the numbers are only going to go up as Chippawa grows. Many kids are driven into Chippawa and dropped off to spend the day floating or jumping into the River. Mr. Thompson used to live on the water here himself and I am sure he could tell you this didn't just start with Covid. I truly hope you listen to the people who live here and see these things on a daily basis. The issue is Swimmers, floaters and boaters don't mix at the boat ramp/dock. Whether there is one or one hundred swimmers, all it takes is one boat motor to chop someone up or someone to lose a limb. Please this is the BIG ISSUE lets keep that at the forefront. Thank you, Linda Bouwman Page 208 of 472 1 Mathew Bilodeau From:Erik Nickel Sent:Friday, April 23, 2021 8:37 AM To:Stanlee Hickey Cc:Mathew Bilodeau; Paul Brown; Natasha Vuckovic; Lori Lococo Personal Subject:RE: Chippawa Boat Ramp Hello Stanlee, thank you very much for providing this valuable input. Would you kindly provide to us a digital copy of your letter as a reply to this message? We look forward to receiving your input and will be sure to include it in our compilation of comments received as part of the public consultation being sought at the Chippawa Boat Ramp. Regards, Erik Nickel, P.Eng. | Director of Municipal Works / City Engineer | Municipal Works | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext. 4219 | Fax 289-296-0048 | enickel@niagarafalls.ca From: Lori Lococo, Niagara Falls City Councillor <lori.lococo.city@gmail.com> Sent: Thursday, April 22, 2021 8:41 PM To: Stanlee Hickey <srdh55@hotmail.com> Cc: Erik Nickel <enickel@niagarafalls.ca> Subject: RE: Chippawa Boat Ramp Thank you Stanlee I appreciate you putting this together. I am forwarding it to our Director of Municipal Works, Erik Nickel, just in case he has not received it. Lori Lori Lococo Niagara Falls City Councillor Home: 905 357 5902 Cell: 905 931 6370 -------- Original message -------- From: Stanlee Hickey <srdh55@hotmail.com> Date: 2021-04-22 12:16 p.m. (GMT-05:00) To: "Lori Lococo, Niagara Falls City Councillor" <lori.lococo.city@gmail.com> Subject: Chippawa Boat Ramp Hi Lori Page 209 of 472 2 Hope this letter finds you well. I have attached a letter that I will be sending off to staff today. It concerns the Chippawa Boat Ramp/Naisbett Park. The city has put forward a survey concerning the Ramp and park. As typical to most surveys, it doesn't really address the issue and has put forth a rather contentious idea of a paid parking lot. This is frought with all sorts of issues. While Chippawa itself know that the park is public domain, it would be nice to actually be able to use it, but quickly a lot of out of towners are using it. And this is an issue in itself. It now not unusual to see people put up dining tents, BBQs by 10am in the morning. There was also any incident of a wild duck being baited , killed, cooked and eaten last year( the source that I heard from on this I would believe, but who knows) Anyway, here is the link to the survey https://letstalk.niagarafalls.ca/chippawa-boat-ramp-park-operational-and-parking-review Chippawa Boat Ramp Park - Operational and Parking Review | Let's Talk Niagara Falls Welcome to the project page for the Chippawa Boat Ramp Park - Operational and Parking Review! The Chippawa Boat Ramp Park is a City facility located adjacent to the Welland River, and can be accessed via Lyons Creek Road. The amenities at this facility include: Public letstalk.niagarafalls.ca Thanks as always Stanlee Hickey Sent from Outlook Page 210 of 472 4026 Montcalm Crescent Niagara Falls, ON., L2G6L8 April 22, 2021 Re: Chippawa Boat Launch/ Naisbett Park To Whom it may concern I am writing in regards to the Chippawa Boat Launch. I am a resident of Chippawa for the past 43 years. Our family were once boat owners and have used the the launch numerous times in years gone by. Sadly, the survey provided does not actually even address the main issue that is the root cause. Surveys in general can be rather selfserving and can also be patronizing. Many people who use this boat launch know nothing of this survey as many are from out of town. And, just as many who live in Niagara Falls do not know about it either. I am sure you already know about the issues below, so please bear with this. As the issues below are perhaps bigger than you realize. What has been happening also needs to be looked at. The main issue is that the present size of the parking lot can no longer handle the number of users at this ramp. This has caused overflow parking onto the Lyons Creek Road creating traffic/safety issues. There is a big issue of Safety to boaters, swimmers floaters and people fishing. You know this. Over the years the Chippawa Boat ramp has gained popularity. Part of this is due to more people buying watercraft in general. Last year with the pandemic, many purchased water toys etc. Builders in the area have also used this site as a marketing tool. Out of towners have discovered it on their way to Kingsbridge Park. There are a number of You Tube videos out there, saying what a nice place it is and no people. (not the case anymore). At one time there were a number of areas on the Welland River or the Crick as it is known in Chippawa where you could launch a water craft. In particular, on Chippawa Creek road near the Humane Society. Those accesses are now closed off. There are 2 other accesses both on the River rd going towards Fort Erie. The first one is about NPC Rd 30 Virtually only about enough space to park maybe 2-3 vehicles with trailers. The second is at Black Creek , (Netherby Rd and River Rd) Here again very limited parking and now starting to infringe on the people who live in Stevensville and Fort Erie. Is it your intent to push Boaters etc to these other locations, thus creating a traffic issues somewhere else, like the River Rd accesses, should you choose to do a paid parking or permit parking. This idea is a bandaid solution on a huge wound. As there are only 30 + spaces for vehicles with trailers, will this become first come first serve, if you put out more permits than what the parking holds. Lets says it 50 and 50 show up. And what happens to random boaters who do not have a permit. What then? To suggest limited time doesn’t work either. Do you plan to hire someone to attend a gate? Will they give out tickets to offenders. Not to mention that how early this attendant would have to be there and how late. This is not street parking where someone is going into a store. And because you have visitor parking as well as this site, will they be charged as well? Because, the Parks Commission is now charging for Parking at Kingbridge Park and Duff. There are now people who use to go there, that are now using Naisbitt Park. On the issue of Safety Boaters and swimmers (and dogs) are just, not a good combination. It is only a matter of time before a boat and swimmer have a nasty accident. The same could be said with the number of floaters now using the Crick. I am not sure of the validity of the following. But Chippawa is hearing that some of the local hotels are promoting floating down the the Crick. Very dangerous suggestion. These visitors know nothing of the 2 way current and the many eddy’s Another accident waiting to happen. Boaters and anyone fishing is not a good combination either. If you are not a boater, let me enlighten you on what it is like to get fishing line wrapped around Page 211 of 472 you propeller. If, there is enough wrapped around it can cause some issues. Not to mention the hassle getting it off. To the person fishing. If they think they caught a big one, they will hang on and potentially be pulled into the water. Luckily though most times the line gets cut or snaps. So, what is the solution? Well if we had all had a Crystal Ball, the land on the corner of Sodom Rd and Lyons Creek Rd would have been perfect situation for parking. Could the existing park be expanded toward the Marina/BoatClub? This would then cause an issue to those who rent dock space. Would the visitors or even boaters think that these private docks were public domain? Not to mention pain for those who rent the space to have to walk thru a maze of cars etc Another, is to restrict Naisbett park to only swimmers, floaters, fishing and the launching of personal watercraft that is not motorized such as canoes, kayaks, paddleboards etc. Leaving the park for people to sit/ picnic, play in the playground etc. In general to able to enjoy a waterbased area. This would be in line with the wishes of the Chippawa Dock Committee who wanted to create this type of water access. The monies that were donated for this project could go towards to building a new pad for boaters elsewhere. But what to do with the boaters? To buy all or a portion or rent/lease land, from the owner of the now former Oaklands Golf course. This would be an ideal location to have a large recreational park at the south end of the City. It could incorporate trails, keep habitat and thus fulfill The Growth Plan of Ontario. The entrance could be done off of Lyons Creek There is already a one lane wide driveway where Golfers use to walk over Lyons Creek to 2 other holes. Give the boaters etc the right side of this drive. On this side there it looks to be an ideal area to access the water . Take a look at a google map to see this. To left, parking could be done for those who wish to use the park. (Gravel parking would be fine.) A very minimal fee could be used at a site like this. Monies collected could be used to offset improvements and building cost. In Northern Ontario it is not unusual to be charged $5.00 - $8.00 for the daily use for docking and parking. That information I got from a family member that owns an outfitting business. Perhaps free to the locals. (parking card would have to be shown or used) For the general public, charge $2 per car. This amount wouldn’t bother anyone. As a local I would be happy to pay that amount. Anyone on a bicycle would use the area for free. The second location is the former King Waldorf Campground. Here again a buy or rent. This site already has a Boat Launch and other possible amenities. The drawback to this site, is that this launch site sits quite close to the rowing club. The third suggestion may be a site way down past the QEW. This suggestion was put out over social media. I think the distance is a huge deterrent. Possibly there is some land that is big enough on the Niagara Falls side of the Crick between Stanley Ave and Portage Rd In any case, this is not something that cannot be addressed quickly or for this year. I have always been told that one should not always complain but at least try to put in a solution. To be part of the solution not part of the problem. Lastly. Many residents in Chippawa find the recent disbanding of the Dock Committee and then the sudden appearance of making money off the Boat Launch highly suspicious. Thank you for time Stanlee Hickey srdh55@hotmail Page 212 of 472 1 Mathew Bilodeau From:Carey Campbell Sent:Monday, March 29, 2021 4:07 PM To:Erik Nickel; Ken Todd Subject:FW: Chippawa Dock at Sodom and Main St concerns!!!!!! Hello Erik and Ken: Any thoughts on how we plan to manage this, this year, so that I can get back to the MPP’s office? Thank you. carey From: Gates - CO, Wayne <WGates-CO@ndp.on.ca> Sent: Monday, March 29, 2021 10:17 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: FW: Chippawa Dock at Sodom and Main St concerns!!!!!! Good morning Mayor Diodati, I hope you and your team are well! I wanted to share correspondence below regarding swimming at the Chippawa docks with you and your team. Are there any updates on this situation that I can share with Wayne and Shauna? Many thanks, Shannon Mitchell Constituency Assistant | Adjoint de circonscription Wayne Gates MPP (Niagara Falls, Niagara-on-the-Lake and Fort Erie) ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com Confidentiality Warning: This message and any attachments are intended only for the use of the intended recipient(s), are confidential, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, and delete this message and any attachments from your system. Thank you. Information confidentielle: Le présent message, ainsi que tout fichier qui y est joint, est envoyé à l'intention exclusive de son ou de ses destinataires; il est de nature confidentielle et peut constituer une information privilégiée. Nous avertissons toute personne autre que le destinataire prévu que tout examen, réacheminement, impression, copie, distribution ou autre utilisation de ce message et de tout fichier qui y est joint est strictement interdit. Si vous n'êtes pas le destinataire prévu, veuillez en aviser immédiatement l'expéditeur par retour de courriel et supprimer ce message et tout document joint de votre système. Merci. COPE 343 Page 213 of 472 2 From: SHAUNA YOUNG <scomer@cogeco.ca> Sent: March 25, 2021 4:39 PM To: Gates - CO, Wayne <WGates-CO@ndp.on.ca> Subject: Chippawa Dock at Sodom and Main St concerns!!!!!! Hello Mr. Gates, On behalf of all us boaters in Chippawa we are hoping you can address the swimming at our public dock to city hall. My wife and I voted for you, and pretty much everyone I know loves you. Your the real deal. Last year some idiot at City hall thought it was a good idea to turn our boat launch into a swimming hole. Tell me where you can swim in front and back of running boats at any boat launch in Ontario? Last year the City spray painted "swimming only" on one side of our good dock, and "boats only" on a small portion of the other dock. However the swimmers arrive and take up everything and nothing enforced by the city or police or whomever is designated to enforce these rules. I had City workers yelling at me to stop backing up my boat because a little kid was behind my trailer. She walked into the water right where I was backing my boat into and began swimming. My wife pulled a young girl out in distress last year, The parents were drinking and smoking weed and were not watching her. Swimmers jump in front of our boats and behind our boats while the boats are running! The boat props will tear their legs off and cause life altering consequences. As your pulling up to the dock, trying to maneuver your way through the strong current, there are many swimmers sitting at the edge of the dock with their legs hanging over and jumping right in front of your boat. Yet another accident waiting to happen. Tubbers are tying up to the dock and told us they can be there because it doesn't say no tubing. Are you kidding me?! There is a strong current and there are no life guards, boats are coming and going and the swimmers park in the boat trailer spots and we have to park all the way down the road. Totally choking up the dock. One day I counted eight boat parking spots taken up by swimmers cars and there were 7 boaters parked all the way down the road. I called this to the attention of the city worker that was at the dock and he responded "I don't know what to do". There are also sunbathers laying on the dock which we need to step over as we are bringing our boat in and out of the water. The swimming at the Chippawa boat launch needs to go! Nothing wrong with fishing, having a ice cream and sitting on the benches to enjoy the day, but no swimming should be allowed. There needs to be a sign posted NO SWIMMING! Someone unfortunately will be seriously injured or killed if this continues. The city is allowing this, so they will also be a fault. Its a boaters only access to the crick and river. Someone is going to get hurt, law suits will be flying!! Please help us boaters! There is lots of us that like you and know you are a Chippawa community supporter. I would like to meet you soon and show you the dock and our concerns. Thanks brother! Page 214 of 472 3 Sincerely concerned boaters from Chippawa Page 215 of 472 MW-2021-35 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Cemetery Services SUBJECT: MW-2021-35 Former Parks, Recreation and Culture Building Proposed End Use RECOMMENDATION 1. That Council repeal By-Law #2010-90 thereby removing the Heritage Designation from the subject property (7565 Lundy’s Lane); and, 2. That the property be incorporated into the design and expansion of the Lundy’s Lane Cemetery; and, 3. That site development details including installation of a central columbarium feature, memorial garden, gateway feature and historical signage (i.e. plaques) and updated cost estimates presented in this report be approved, in principal, by Council and included in the 2022 Capital Budget. EXECUTIVE SUMMARY The former Parks, Recreation and Culture (PR&C) Building sits on a 0.5 acre parcel of land at the corner of Montrose Road and Lundy’s Lane. The building has been vacant since September 2005 after operations were moved to the MacBain Community Centre. During this period City Council has considered a number of options including designation, demolition, divestiture and adaptive re-use of this asset. Over the past 14 years, there has been substantial deterioration of the interior and exterior of the building. The sale of the lands and building has become less attractive due to its condition. The costs to renovate the building and/or modify the structure for an indoor columbarium are prohibitive. The purpose of this report is to reaffirm Council’s intention to remove the Heritage Designation, in order to proceed with demolition of the building and incorporate the property into the current landscape of Lundy’s Lane Cemetery; including the development of much needed Columbarium Niches and additional in ground lots. Page 216 of 472 2 MW-2021-35 May 11, 2021 BACKGROUND BMA Management Consulting Inc. was hired in 2003 to undertake a detailed analysis and provide recommendations on the highest and best use for the building. The three options included; 1. Sale of property to a third party; 2. Alternate cemetery operational uses for the building (visitation center/columbaria); 3. Demolition of the building & development of the lands for cemetery purposes (plots and columbaria) and a beautification component in cooperation with the Lundy’s Lane BIA. In 2010 the building and property were recognized for its ‘cultural heritage significance’ and received Municipal Heritage Designation. With this designation, the building cannot be demolished without Council consent. At its meeting on June 25, 2013 City Council adopted the recommendations set out in the Cemetery Service Delivery Review. Included was the recommendation to demolish the former PR&C building with the intention of expanding the Lundy’s Lane Cemetery. On August 13, 2013, Council passed motions directing staff to investigate the feasibility of an adaptive re-use of the existing building for an indoor columbarium and to defer a decision on the removal of the designation. Report CD-2013-05 (see Attachment 1) provides a more detailed chronology. Cemetery Staff have investigated two options (i.e. Demolish the existing building for development of in-ground plots, outdoor columbaria and enhanced landscape features; or Redevelop existing building for use as an indoor columbarium) as well as associated costs and anticipated revenue opportunities. The findings are summarized below in Analysis/Rationale. To date plans to occupy, and/or efforts to sell the building have not come to fruition. As a result, the condition of the building, both interior and exterior, has continued to worsen, increasing the costs for renovation/retrofit and now presenting significant safety hazards. On July 16, 2019, Council passed a motion to: 1. Direct staff to initiate the process under Section 31 of the Ontario Heritage Act to repeal By-Law #2010-90 thereby removing the Heritage Designation from the subject property (7565 Lundy's Lane); and 2. That the property be incorporated into the design and expansion of the Lundy's Lane Cemetery; and, Page 217 of 472 3 MW-2021-35 May 11, 2021 3. That site development details including installation of a central columbarium feature, memorial garden, gateway feature and historical signage (i.e. plaques) and updated cost estimates be presented to Council for consideration as part of the 2020 Capital Budget deliberations. ANALYSIS/RATIONALE Upon passing of the Council resolution, Staff commenced the de-designation process and provided the requisite public notice. Two individual objections were logged with the Conservation Review Board (CRB). Despite significant delays, in its conclusion on March 23, 2021 the CRB maintained that property/building has not lost any cultural heritage value or interest thus there is no basis on those grounds to de-designate the building. The CRB further suggested the City consider the adaptive reuse of the building as a columbarium. Council is reminded that unlike Local Planning Appeal Tribunal (LPAT), the summary and recommendations of the CRB are non-binding to the Municipality. As such the de- designation of this heritage property is fully within the jurisdiction of this Council. Unfortunately the City’s representative was not able to provide testimony at the CRB hearing, thus there was no opportunity to make it clear to the CRB that the option of adaptive reuse has been evaluated on multiple occasions. On each occasion, the conclusion remained the same; the option was not economically viable as there would be significant short and long term costs including, but not limited to: completing partial demolition; restoration of external features; significant updates to bring the building to code and accessible; installation of niche cabinets; and ongoing and regular maintenance to historical standards (i.e. using historically certified contractors). It should also be noted, that the City of Niagara Falls Cemetery Services, in collaboration with Hilton Landmarks Consulting, is currently completing a Master Plan to help make clear the required direction of cemetery development in the coming years. Current Cemetery inventory (i.e. available lots/plots, etc.) are nearing capacity. In order to sustain the required annual sales and services, options to infill are necessary. After purchasing and developing the Nagy property along the northern border of Lundy’s Lane Cemetery, the City now must look inwards for expansion opportunities to extend the “useful” life (i.e. lot/plot sales) of the property. In addition to closing and infilling roads at Lundy’s Lane Cemetery, the corner parcel occupied the Rec Building remains to be the City’s best opportunity until such time as long term plans (i.e. development of a new cemetery) are in place to sustain current and growing service and sales rates. Page 218 of 472 4 MW-2021-35 May 11, 2021 Given the aforementioned, and given the analysis to follow in this report, Staff maintain that the recommendation to demolish and redevelop these lands with incorporation of heritage elements best aligns with Councils Strategic Priorities while maintaining a prudent financial approach. Proposed Cemetery Development and Heritage Elements Incorporation The City of Niagara Falls remains a very traditional market with respect to end of life choices. There remains a high demand for in- ground burial plots (i.e. singles, doubles, triples, etc.) within our cemeteries, and more specifically at the Lundy’s Lane Cemetery. At the same time, families electing cremation as the preferred method of disposition are seeking creative and beautiful alternatives, such as columbarium features, for their loved one’s final resting place. At present, Lundy’s Lane Cemetery does not offer Columbarium options. In reviewing the opportunities for the land currently occupied by the Old PR&C building and associated parking lot, it is estimated that with the demolition of the building and subsequent cemetery plot development, approximately 275 cemetery lots could be made available. The additional development of outdoor columbaria, including a large columbarium feature (i.e. 400 niches) with central memorial garden, and additional domed units (i.e. 72 niches per columbaria built on an as needed basis), would expand interment service options, currently not available at the Lundy’s Lane Cemetery. In addition, the re- development would also provide attractive landscape features (see Attachments 2, 3, 4, and 5) to the beautification efforts proposed and supported by the Lundy’s Lane BIA and local bereavement industry professionals. Operations/Maintenance costs associated with this option are limited to lot/niche opening and closings (i.e. Fee for Service) and grounds maintenance (i.e. mowing, trimming, etc.) which is already occurring at Lundy’s Lane Cemetery with existing staff. The additional flower bed/landscape features would be included in the City Wide Beautification contract. The anticipated timeline to complete this project is approximately one year following the demolition of the existing structure (i.e. summer/fall 2021); grading and development of in-ground plots (i.e. summer/fall 2021); repositioning of existing decorative fence (i.e. summer/fall 2021); installation of a central columbarium feature, memorial garden and gateway feature (i.e. spring/summer 2022). The estimated costs and projected revenues related to this option are presented in the following Financial/Staffing/Legal Implications Section. Page 219 of 472 5 MW-2021-35 May 11, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Proposed Cemetery Development – Capital Budget Initial Investment Description (Capital) Anticipated Completion Date Anticipated Buildout Cost Anticipated Total Revenue Demolition of Existing Building Summer 2021 $225,000 $0 Grading & Development of 275 In-Ground Lots Summer/Fall 2021 $25,000 250 Lots x $3,000 = $750,000 400 Niche Columbarium & Memorial Garden Feature* Spring/Summer 2022 $250,000 400 x $2,500 = $1,000,000 Gateway Feature & Corner Garden Spring/Summer 2022 $150,000 $0 Totals $650,000 $1,750,000 Total (Revenue Less Cost) $1,100,000 *Additional 72-84 Niche Domed Columbaria to be installed on an as needed basis. Comparatively, as reported in MW-2019-18, the alternative to repurpose the existing building as an indoor columbarium is anticipated to cost the City between $1,970,000 and $2,296,600. Factoring in columbarium revenues estimating a total of $1,000,000, this alternative will incur a net loss between $970,000 and $1,296,600. CITY’S STRATEGIC COMMITMENT The recommendations contained within this report are in keeping with the following strategic commitments; responsible and transparent financial management, healthy, safe and liveable community and strong and resilient infrastructure. LIST OF ATTACHMENTS 1. Conservation Review Board Report 2. Report MW -2019-18 – Former Parks, Recreation and Culture Building - Proposed End Use 3. Proposed Aerial Illustrating Redevelopment of Recreation Building Property 4. Illustration of New Columbarium Design Including Laser Etched Images of Original Buildings Page 220 of 472 6 MW-2021-35 May 11, 2021 5. Artist Rendering – Proposed Landscape & Corner Gateway Feature 6. Letters of Support from various stakeholders Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Richardson Page 221 of 472 APPEARANCES: Parties Counsel*/Representative Rick Ferron, David Vida Self-represented City of Niagara Falls David Neligan* HEARD: By written submissions ADJUDICATOR(S): Daniel Nelson, Member REPORT Conservation Review Board Commission des biens culturels ISSUE DATE: March 23, 2021 CASE NO.: CRB1914 PROCEEDING COMMENCED UNDER subsection 31(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended Objectors: Rick Ferron, David Vida Owner: The Corporation of the City of Niagara Falls Subject: Proposed Repeal of Designation By-law No. 2010-90 Property Address: 7565 Lundy’s Lane (Former Parks, Recreation & Culture Building) Legal Description: PT TWP LT 132 Stamford as in ST51544, ST23564, ST22849 & ST21927 Except RO180983 & PT 1, 59R594 Municipality: City of Niagara Falls CRB Case No.: CRB1914 CRB Case Name: Ferron v. Niagara Falls (City) Page 222 of 472 2 CRB1914 Overview [1] The City of Niagara Falls (the “City”) seeks to repeal the designation by-law protecting 7565 Lundy’s Lane (the “Property”) under s. 31(5) of the Ontario Heritage Act (“OHA”). The City owns the Property. [2] Two individuals, Rick Ferron and David Vida, object to the City’s desire to repeal the designation and the matter was referred to the Conservation Review Board (“Review Board”), which held a hearing in writing to consider the objections. [3] For the reasons set out below, the Review Board recommends that the City maintain the designation under the Property. Background [4] The City owns the Property, which was built in 1915 as Lundy’s Lane School. It later served as the Office of the Stamford Police Department and, later still, served as an office and gallery space for the City’s Parks, Recreation, and Culture Division. [5] It was designated as a property of cultural heritage value or interest by the City by By-law No. 2010-90 on June 28, 2010 (the “Bylaw”) because of its association with early settlers and with the “Old Red Meeting House” a Methodist meetinghouse that once stood on the site. It is the last remaining rural two-room school of that area in the City. [6] On July 16, 2019, the City voted to begin the process of removing the designation on the Property and that the building be removed, and the land used to expand the adjacent Lundy’s Lane Cemetery. In the City’s view, the building on the Property has deteriorated and its plans to sell or use the Property were unsuccessful. [7] A hearing was scheduled to take place originally on May 21-22, 2020, in the City. Owing the COVID-19 pandemic emergency, the hearing was rescheduled for August 31, 2020 to September 1, 2020 by Microsoft Teams video conference. Page 223 of 472 3 CRB1914 [8] At the hearing, counsel for the City raised a jurisdictional issue related to the type of evidence that the Review Board may hear. The City’s position was that the Review Board could hear and consider evidence that does not relate to heritage attributes and the prescribed criteria set out in O. Reg. 9/06. The hearing, as a result, was adjourned, and the issue was argued by written motion. The Review Board issued its decision in the matter on November 25, 2020 and the City’s motion was denied in its entirety.1 [9] Following this, the Review Board held a pre-hearing conference by telephone conference call on December 8, 2020 where it was determined that the hearing would reconvene as a hearing in writing. Issue [10] There is only one issue before the Review Board: should the Bylaw, which designates the Property as a property of cultural heritage value or interest under s. 29 of the OHA be repealed in accordance with s. 31 of the OHA? Relevant Legislation and Regulation [11] The relevant legislation provisions for this matter are set out in Appendix 1 hereto. Case for the Objectors [12] The Objectors position, in their original objection letters, and subsequent submissions to the Review Board can be summarized succinctly: • the Property continues to have cultural heritage value or interest and the repeal of designation should not proceed; 1 See Ferron v. Niagara Falls (City), 2020 CanLII 94347 (ON CONRB) (hereafter “Ferron #1”). Page 224 of 472 4 CRB1914 • no information has been provided by the City to show the loss of cultural heritage value or interest; • since the Property has cultural heritage value or interest, it should not be demolished; • issues of repair and maintenance should not be determinative and, whether the Property is torn down or not; • the City failed to maintain the Property contrary to its own heritage building standards on vacant heritage properties; • there are only a small number of designated properties in the City; • the Property should be adapted for the use of a columbarium, which would preserve the building and achieve the goal of expanding cemetery space. [13] Mr. Ferron did not provide specific written submissions for the hearing and relied on his previous submissions. He noted that the Property is only one of 33 properties in the municipality that is designated under the OHA. He argues that the behaviour of the City, in allowing the property to deteriorate, and then using that deterioration to justify demolition, serves to send a “message” to other owners of designated properties on how to subvert protection. [14] Mr. Vida, in his written submissions, focuses in on City Council’s various directions to staff and notes that it does not appear, in Mr. Vida’s view, that staff reports specifically address some of these questions or may have drawn erroneous conclusions in them and specifically, challenges some of the assumptions regarding the City’s rejection of the building’s reuse as a columbarium: Page 225 of 472 5 CRB1914 • the existence of hazardous materials was overwrought since such materials are common in older buildings and he points out that this hazardous material must be remediated whether the building is pulled down or not; • the financial analysis of the adaptive reuse may not be accurate vis-à-vis a new building and questions the revenue numbers from the future sale of niches if the Property was converted; • there is a focus in reports on a later flat-roof addition, which is in poor shape, that contains no heritage attributes (and is therefore, not specifically protected); • a lack of heat in the building caused the mould and peeling paint and that is to be expected given the City’s lack of care in protecting the building; • an engineering report indicates that the building is in “surprisingly good condition.” [15] He suggests that the City should reanalyse the Property and make a “proper decision that is made with integrity, derived from unbiased, accurate information.” In other words, the City’s decision was based, in his view, on incomplete or inaccurate information. [16] Mr. Vida’s arguments were not tested in the hearing through witness examination and cross-examination and, in any event, would be outside the jurisdiction of the Review Board. Therefore, these arguments should be brought to the City for its consideration or raised, perhaps, by way of judicial review application. Case for the City [17] The City concedes that the Property continues to have cultural heritage value or interest. Page 226 of 472 6 CRB1914 [18] Instead, the City takes the position that, after 17 years of study and discussion and notwithstanding the existence of cultural heritage value or interest, the Bylaw should be repealed and the building on the Property be demolished. [19] In the City’s submissions at para. 33: The decision to repeal was a careful, deliberate and painstaking one that only came about after consultation with the Municipal Heritage Committee and the broader community, and after exploring all options for the preservation or adaptive reuse of the building. [20] The City submits that it is entrusted with balancing the designation with the “broader concerns of its residents”. [21] The City also submits that it will continue to “recognise the importance of the building and the original structures on the property through inclusion of materials from the building in the development of a gateway feature, landscaping, sig nage and other memorialisation.” [22] None of these arguments are within the jurisdiction of the Review Board to consider. Analysis [23] The criteria to be used to determine whether to repeal the designation of a property is not, itself, set out in the OHA. As a result of this lacuna, the Review Board has held that “the appropriate test for it to apply when deciding whether all or part of a designation by-law should be repealed under s. 32, is whether the Property retains cultural heritage value or interest, as described in the designating bylaw, and as prescribed by O. Reg. 9/06.”2 2 Trothen v. Sarnia (City), 2016 CanLII 29998 (ON CONRB) at para. 53. (hereafter “Trothen”). Page 227 of 472 7 CRB1914 [24] Trothen, it should be noted, dealt with s. 32 of the OHA, which sets out the process for an owner-requested repeal of a designation bylaw. This matter, on the other hand, is a repeal of designation proceeding under s. 31, which covers municipality-initiated repeal of designation. While these are different sections of the OHA, and while the exact process steps may necessarily vary functionally, these two sections are the same and there is no reason why the test set out in Trothen, dealing with s. 32 would not equally apply to a repeal of designation under s. 31. [25] The Trothen test, and any analysis arising from it, is necessarily limited because the jurisdiction of the Review Board is limited by the OHA. As the Divisional Court noted in Eden Mills, “Logically [the Review Board’s] findings of fact should be restricted to the heritage merits of the property and as to which it may make its recommendations (which the Council must consider but need not necessarily follow - as Council did here).”3 [26] Generally speaking, it is the responsibility of the Review Board, under the OHA, to make an independent assessment of the evidence of the parties in order to make recommendations regarding whether the Property has, or has not, cultural heritage value or interest. [27] In this case, it is difficult to make any such independent assessment of the evidence, and the application of the Trothen test, because the City concedes that the Property does retain cultural heritage value or interest. Therefore, on the evidence before it, the Review Board can come to only one recommendation: the Bylaw should not be repealed, and the Property should continue to be protected under the OHA. If the Property retains cultural heritage value or interest, then a property should be designated under the OHA, and the heritage attributes of such a property should be protected. [28] The Municipality, while legally obligated to consider a report of the Review Board before making its decisions, is not bound by the report’s recommendations and may use other criteria in making its decision. Municipalities are a democratic decision-making 3 Friends of Eden Mills Inc. v. Eramosa (Township), 1998 CanLII 17742 (ON SCDC) at para. 15 (hereafter “Eden Mills”). Page 228 of 472 8 CRB1914 body; they are bound to uphold the principles of the OHA, the court decisions that interpret it, and, ultimately, by subsequent evaluation by electors at the ballot box. Therefore, it may be useful to consider the duties imposed upon the Municipality. [29] The courts have consistently held that the purpose of the OHA is to provide for the protection of heritage properties as an important public responsibility vested in municipalities. [30] The Supreme Court of Canada observed, in St. Peter's Evangelical Lutheran Church (Trustees of) v. Ottawa (City): The Ontario Heritage Act was enacted to provide for the conservation, protection, and preservation of the heritage of Ontario. There is no dou bt that the Act provides for and the Legislature intended that municipalities, acting under the provisions of the Act, should have wide powers to interfere with individual property rights. It is equally evident, however, that the Legislature recognized that the preservation of Ontario's heritage should be accomplished at the cost of the community at large, not at the cost of the individual property owner, and certainly not in total disregard of the property owner's rights. It provided a procedure to govern the exercise of the municipal powers, but at the same time to protect the property owner within the scope of the Act and in accordance with its terms.4 [emphasis added] [31] The Ontario Superior Court observed that, “…the preservation of historic buildings is a public good and one of the key purposes that the legislature sought to further through the Ontario Heritage Act.”5 [emphasis added] [32] The Divisional Court, in Tremblay, was even clearer and identified the way in which any municipality must act in carrying out its responsibilities imposed by the OHA: The purpose of the Act is to provide for the conservation, protection and preservation of the heritage of Ontario. In or der to protect the heritage of Ontario, municipalities have been given the power to designate the properties of their choice and thus to suspend certain private property rights. Those provisions of the Act must be applied in such a way as to ensure the attainment of the legislature's objectives [emphasis added].6 4 St. Peter's Evangelical Lutheran Church v. Ottawa, 1982 CanLII 60 (SCC), [1982] 2 SCR 616at p. 591. 5 House v Lincoln (Town), 2015 ONSC 6286 (CanLII) at para. 11. 6 Tremblay v. Lakeshore (Town), 2003 CanLII 6354 (ON SCDC) at para. 15. (hereafter “Tremblay”) Page 229 of 472 9 CRB1914 [33] While the City does have broad discretion, it is not unlimited. The court, in Tremblay, observed: The decision to designate a property is clearly discretionary. However, there are limits on the exercise of discretion where fundamental, constitutional and societal interests are at stake. That discretion must be exercised ‘with the boundaries imposed in the statute, the principles of the rule of law, the principles of administrative law, the fundamental values of Canadian society, and the principles of the Charter’.7 [34] The City must also proceed cautiously, in exercising its discretion, because it is both the owner and the heritage regulator of the Property. As the Review Board noted in its decision on the City’s motion (Ferron #1): To further complicate such questions, the City, in this case, is both the owner of this heritage property and a regulator of it. Therefore, the City finds itself, in effect, requesting repeal of designation from itself. Self-dealing, while absolutely permitted in situations such as this by the OHA, should give rise to natural caution. As such, it may be useful for any municipality to reflect on prior Review Board cases where owners have requested a repeal of designation. Specifically, the Review Board, in Armstrong noted: To permit an owner’s wishes to automatically trump heritage considerations would run counter to the object of the OHA and render designation a purely voluntary approach by allowing what would effectively be automatic de-designation whenever an owner makes a request under s. 32. This would lead to the absurd consequence that a person faced with a proposed s. 29 designation would simply not object to the designation (which would have led to a hearing considering the O. Reg. 9/06 criteria) and then file a s. 32 request for de-designation and be automatically successful. This too would undermine the object of the OHA…8 [35] In making its final decision, the City must decide whether the repeal of the Bylaw ensures the attainment of the heritage preservation objectives of the OHA, which is a public good. Having already determined that the property has cultural heritage value or interest, and having conceded that there has been no loss of the heritage attr ibutes giving rise to such cultural heritage value or interest, the City must ask: is demolition the better 7 Ibid., at para. 18, citing Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC). 8 Ferron #1, at para 20 citing Armstrong v. Goderich (Town), 2016 CanLII 27018 (ON CONRB) at para. 60. (hereafter “Armstrong”) Page 230 of 472 10 CRB1914 choice, or is adaptive reuse, such as turning the school into a columbarium better, given its duty to protect heritage properties within its jurisdiction? [36] Furthermore, despite the City’s arguments that it has carefully reviewed and considered the question of revoking the Bylaw and demolishing the building on the Property, the Objectors’ arguments, which are admittedly untested, challenge this. As a result, questions linger that could not be answered in this process: • Was the cost-benefit financial analysis of adaptive reuse of the Property as a columbarium versus building something new accurate? • Was the physical deterioration of the building on the Property given too much weight given that the damage was, perhaps, caused by neglect and at least some of that deterioration relates to a part of the building that contained no heritage attributes and was intended to be demolished even if the Property was reused as a columbarium? • Did the City give too much weight to the existence of hazardous materials in the building on the Property given that the removal of such hazardous materials must be undertaken regardless of whether the building on the Property is retained or demolished? Summary and Recommendations [37] Nothing has been shown to demonstrate that the Property has lost cultural heritage value or interest. Indeed, the City concedes this. What is left is a question of whether the building on the Property should be reused or demolished. [38] Having considered the evidence and submissions, provided in writing by the parties, the Review Board recommends, Page 231 of 472 11 CRB1914 • Before making its final decision, that the City consider and evaluate the questions raised by the Objectors with respect to the evaluation of the Property for reuse; • In light of these questions raised by the Objector, that the City consider the adaptive reuse of the Property as, for example, a columbarium, which will allow for the expansion of the cemetery while protecting the Property; and, • That the Bylaw not be repealed as the Property retains cultural heritage value or interest. “Daniel Nelson” DANIEL NELSON MEMBER Appendix 1 – Relevant sections of the Ontario Heritage Act If there is an attachment referred to in this document, please visit www.olt.gov.on.ca to view the attachment in PDF format. Conservation Review Board A constituent tribunal of Ontario Land Tribunals Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 Page 232 of 472 CRB1914 Appendix 1 Relevant sections of the Ontario Heritage Act: 26 (1) In this Part, “property” means real property and includes all buildings and structures thereon. (2) In sections 27 to 34.4, “designated property” means property designated by a municipality under section 29. … 31 (1) Subject to subsection (2), where the council of a municipality intends to repeal a by-law or part thereof designating property, it shall cause notice of intention to repeal the by-law or part thereof to be given by the clerk of the municipality in accordance with subsection (3). (2) Where the council of a municipality has appointed a municipal heritage committee, the council shall, before repealing a by-law or part thereof designating property, consult with its municipal heritage committee. (5) A person who objects to a proposed repealing by-law shall object to the repealing by-law in the manner set out in subsection 29 (5). (6) Subsections 29 (6) to (15.1) as they apply to an intention to designate a property apply with necessary modifications to an intention to repeal a by-law or part thereof designating a property under this section. 29 (7) Where a notice of objection has been served under subsection (5), the council shall, upon expiration of the thirty-day period under subsection (4), refer the matter to the Review Board for a hearing and report. (8) Pursuant to a reference by the council under subsection (7), the Review Board, as soon as is practicable, shall hold a hearing open to the public to determine whether the property in question should be designated, and the Page 233 of 472 CRB1914 council, the owner, any person who has filed an objection under subsection (5) and such other persons as the Review Board may specify, are parties to the hearing. (12) Within thirty days after the conclusion of a hearing under subsection (8), the Review Board shall make a report to the council setting out its findings of fact, its recommendations as to whether or not the property should be designated under this Part and any information or knowledge used by it in reaching its recommendations, and the Review Board shall send a copy of its report to the other parties to the hearing. Page 234 of 472 §\ . . _<_<<-No$..m Zmmmmum==u.E_<.3.~96 n>z>u> xmvoma._.Ou_<_m<oq._m3mm_<_.08%;. mag_<_m3cmam9._<_:ao8m_Ooc:o__ mcw_<=._.._.mUw<”_<E:_o8m_<<o_._am wcwgmm?_s<<-~o._m-._m _uo::m..vmqxm._»mo_.mm=o:259.53w:=&:m mmoo_<__<_mz_u>:oz \_.4.3m»Ooc:o__ESQ£948_:_:m8Em_o8ommwczqmqmmoao:2Q.Em0:810 Imimnm>6.8«m_umm__w<-_.m<<umoaboEm~mc<?m3o<_:©EmImznmmmUmm?zmzos =03Emmcgmo?_u8_om:<Qmmm_:c:q<.m53%mag. 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EmQ2mszam8qmm?m=§$§_33%.no«coEoumazoamam_o:m..nm:=Su?$332.9 um8mEm_Dimm._<_m.=:m:m3nm_£2E. _:n_ow_:m._ mmmimsnocqmmm<0:nomac“:Emo:mo.:mxmno33m:nm:o:om<9:nm3m.nm2 mminmmmg:manEommomEmnoamczmzm<Eommmxumz?m<<m_.mmoan..."8u_.o<.amn_mm:2a .333».g__$2a=<<_Eammumn?3EmEmamancmmo?Em335.,238:0:038m:=&:m. xmmnmn$:__<23325..?x; m.mqzmm?«am:can 32%: .<_o_.mmmmoEat ~_ummm Page 274 of 472 V 4 \ Proposed Storyboard Feature \_m_,_m“\I Pmarrmz sun:mum av LUNl9Y‘5LANECEMETERY\MPROVEMENT5 we MJK \mmaovoswREDEVELOPMENTorRECREATIONBUILUINGPROPERTY 20x9/ob/:9 O magal- qE_._11,_._;Page 275 of 472 ITEMNO.PART NUMBER DESCRIPTION QTY I BASE—K—00940 GRANITE BASE I 2 ROOF—K—0094I GRANITE ROOF I 3 ROOF—K—00945 GRANITE ROOF 2 4 S|DE—K—00942 GRANITE SIDE 4 5 NEAR—K—00723 FRAME I WIDE 5 HIGH I2XI3XI4D I8 6 NEAR—K—00939 FRAME 2 WIDE 5 HIGH I2XI3XI4D I 7 NEAR—K—00976 FRAME 2 WIDE 5 HIGH I2XI3XI4D OSSUARY I 8 TR|M—K—00974 GRANITE TRIM .875"X I.875"X 24.000"2 9 TR|M—K—00944 GRANITE TRIM .875"X I.875"X T3934"36 I0 TR|M—K—00947 GRANITE TRIM .875"X I.875"X I I.875"36 I I TR|M—K—00977 GRANITE TRIM .875"X 24.000"X 69.000"I I2 K—ROSETTE ROSETTE 232 I3 DOOR—K—00946 GRANITE DOOR I2"X I3"90 I4 DOOR—K—00943 GRANITE DOOR I4"X I3"90 I5 DOOR—K—00973 GRANITE DOOR I2"X I3"I0 I6 DOOR—K—00978 GRANITE DOOR I2"X I0"I OSSUARY REVISIONS REV.DESCRIPTION DATE APPROVED O3 INITIALRELEASE——COLOR AND OSSUARY O4/I 3/202]DM Ossuary Opening OSSUARY Q5 ——---u-ur--urn ————--n-um. 3D VIEW SCALE:NTS kyber annlo-lie rmllpnny PROPRIETARYAND CONFIDENTIAL THE INFORMATION CONTAINED IN THIS DRAWING IS THESOLE PROPERTY OF KYBERCOLUMBAR AND CONSULTING. OR AS A WHOLE WITH ER UMBARIUMANDPERMISINOF CONS ING IS P ANY REPRODUCTI N OUT THEWRITIE HI UNLESS OTHERWISE SPECIFIED: DIMENSIONS AR NCHES FRACTIONAL:I ANGULAR:MA :1"BEND :1” TWO PLACE DE AL :.030 THREEPLACE DECIMAL 3.010 INTERPRET AND TOL ASME .5M —I994 D ANGLE PROJECTION T F NAME DATE TITLE: NIAGRA FALLSI90 AT I2XI 3XI4D DRAWN QMINX O4/O1/2021 CHECKED ENG APPR.DM O4/I3/2021 SIZE DWG.NO. N|AGARA—FALLS—I REV 03 WE|GH":LBS SCALE:I:48 SHEETI OFIPage 276 of 472 Page 277 of 472 Page 278 of 472 Page 279 of 472 Proposed Landscape & Corner Gateway Feature - Summer Page 280 of 472 Page 281 of 472 May 3, 2021 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: City of Niagara Falls – MW-2021-35, Demolition of Former Parks, Recreation & Cultural Building The Lundy’s Lane BIA has been in discussions with City Staff regarding the viability of saving or re-purposing the former Parks, Recreation & Cultural Building at the corner of Lundy’s Lane and Montrose Road for several years. Ideas have been put forward and attempts by local entrepreneurs to utilize the building have not been able to get off the ground. During this time the former Parks, Recreation & Cultural Building has continued to deteriorate to the point where it is not feasibly salvageable. As a result, the Lundy’s Lane BIA is in support of the demolition of the former Parks, Recreation & Cultural Building for the creation of public space on the corner of Lundy’s Lane and Montrose with remaining land utilized for Lundy’s Lane Cemetery purposes. With this intersection being a major gateway onto Lundy’s Lane and for the City of Niagara Falls, as well as being an integral part of the Lundy’s Lane Streetscape Master Plan, the LLBIA would like to see the following: That the design development of the former Parks, Recreation & Cultural Building site be done in conjunction with the design of the gateway design of the entire intersection. That this design process be accelerated and that this becomes part of the Phase 2 Projects of the Lundy’s Lane Streetscape Master Plan. That the design be in line with that of a major gateway. That a proper balance of public space and cemetery space be achieved. That the public space on the corner have interpretive elements depicting the history of the corner, building and settlement of this portion of Lundy’s Lane. That a significant, yet appropriate piece of public art be created for this space. That a minimum of 3 electrical outlets be installed for WFOL installations and tree lighting. That the LLBIA be part of the design of this space and that of the intersection. That the design of the supporting sidewalks and street lighting emanating from this intersection design be continued from the Montrose Road intersection west along Lundy’s Lane to the western boundary of the Lundy’s Lane Streetscape Master Plan. Preserving historical buildings should always be considered and all attempts to save the former Parks, Recreation & Cultural Building have not been practical. The time has come that we need to move on and Page 282 of 472 make a concerted attempt to highlight the history of the building in an interpretive and educational way in the public space that will be created. The Lundy’s Lane BIA, as always, wishes to be part of this endeavour. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy’s Lane BIA Lundy’s Lane BIA 905-401-8247 905-371-8579 Page 283 of 472 May 3, 2021 Dear Mayor Diodati and Members of Council; We would respectfully ask that Members of Council accept this letter as support for the redevelopment of the former Recreation Building property at the corner of Montrose Road and Lundy’s Lane. We appreciate and recognize the importance of maintaining heritage buildings as landmarks, however there are circumstances where redevelopment would benefit the residents of Niagara Falls. In addition to the opportunity to beautify this vital street corner, the removal of the former Recreation Building would allow Lundy’s Lane cemetery to expand, allowing for a columbarium. As it currently stands, the only option available to families who wish to be inurned in a columbarium is at Fairview Cemetery. Kindest regards, Ruth-Ann Nieuwesteeg Owner, Patterson Funeral Home Page 284 of 472 MORSE & SON FT]NBRAL HOME "Csnad.o's Fitt Funeral llome" 5917 MAIN.STRF,F,T NIAGARA FALI-S, ON L2G 527 r-905-356-3550 / FACSTMTLE r.-905-356-99r6 G. ERNEST MORGAN CFSP, DIRECTOR Est. 1959 MORSB &SONLIMITBD May 3,202I Mayor Jim Diodati and Members of Council City of Niagara Falls 4310 Queen Street P. O. Box 1023 Niagara Falls, ON L2E 6X5 Mdyor Diodati and Councillors: Re: Undesisnation an d demolition of former Citv of Niaeara Falls Recreation Office Buildins As per my earlier letters to the Mayor and Council dated May 16, 2006, August 9,2OI3, and yet again on July L0, 20L9, we wish to offer our strong endorsement of the ongoing recommendation offered by both the Cemetery Services staff and originally by your own consultants, BMA Management Consulting (2003), and Lees & Associates (MW-2013-12 Cemetery Service Delivery Review), to "demolish the (former Recreation) building and use the land for columbaria and other interment options." As indicated in their detailed analysis, this option has the least risk and the greatest revenue potential for the City. I would also support the idea originally shared by the members of both the Lundy's Lane B.l.A. and the former Park in the City Committee that the corner of Montrose Road and Lundy's Lane would benefit from the increased greening and beautification. I was very dismayed during a previous review of this project that Council did not adopt the recommendation to demolish the building, and instead was led astray by a single member of the community to do something entirely different with the building - a promise and a proposal that has never come to being. What further dismays me, is that due to delaying the demolition, the original cost of S111,000 will easily be exceeded 3-4 times over. As Canada's oldest funeral home (1826), and certainly Stamford Township area's first funeral home, we have been providing services to families choosing the Lundy's Lane Cemetery for many years, dating back to when it first existed as a Methodist cemetery. With the acquisition of the former Nagy property along the north boundary of Lundy's Lane Cemetery a few years ago, we were relieved, at least for the short term (L0-15 years), of having Est. t826 MORGAI{FT'NERALHOMB "To*r Herita,ge Funerdl EIomc" 4I5 REGENT STREET, P.O, BOX 453 NIAGARA.ON.THE.I-{KE, ON LOS lIO I -905 - 468-3255 / FACSTMTLE l -905 -356-99t6 AI-AIN A, GIGNAC, DIRECTOR 1 J.,Fage-' i\, . ri 11, \rt ,tl, i:l i HIiE"=*A l,l*€|& 3Eil,:i{-l-'E=} .:*i,rr"tii:;$" r #E i r.,': ," , L-L EgW L 'l ', .', E *;''at fl= &"=''ro& Page 285 of 472 to continually disappoint City families by having to inform them there was no longer full-size grave space available at Lundy's Lane. lt is very important to succeeding generations, that they are able to arrange forfinal disposition of family members in the same cemetery in which many of their former relatives are interred. By further opening available space within the cemetery, there would be the potential and opportunity to develop cremation interment lots, and the potential of establishing a scattering garden, and the erection of columbaria at Lundy's Lane to assist in meeting the final disposition needs of the increasing number of families selecting cremation (over 7O%) as their primary former of disposition. Further, by increasing the number of grave and/or columbarium spaces available for purchase, the City stands to realize increased funds for both operation and long-term trust benefit (i.e. Perpetual Care & Maintenance Funds). Overall, as earlier stated, in addition to reducing costs by removing the building, increasing revenue potential for the adjoining cemetery, and extending cemetery offerings to local families, our community will also benefit with increased greening and beautification on a corner that is otherwise saturated with commercial uses. ln closing, I again encourage you to adopt the ongoing recommendation of your Cemetery Services staff and those of the consultants whose expertise were sought to provide clear and impartial direction with respect to the ideal end use of the former Recreation Office Building property. Respectfu I ly subm itted, lL G. Erne rgan CFSP Pres Mo & Son Limited 2lFage Page 286 of 472 MW-2021-36 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2021-36 Mountain Road Landfill End-Use Master Plan RECOMMENDATION 1. That City Council receive for information Report MW-2021-36 regarding an update of the Mountain Road Landfill End Use Plan; and further, 2. That City Council support proceeding with an end-use master plan for the Mountain Road Landfill that includes Firemen’s Park lands and City-owned lands located at 2430 Mewburn Road, and that consideration for this project be forwarded to the 2022 Capital Budget Review process. EXECUTIVE SUMMARY The Regionally owned Mountain Road landfill is an inactive site with an approved closure plan granted by the Ministry of Environment, Conservation and Parks (MECP). In order to open the site for public access the MECP will require an end-use plan to be submitted that outlines (amongst other things) the planned end use of the site, completion of final cover and landscaping, and ongoing monitoring and maintenance of the landfill and its environmental containment systems. Given that the landfill is sandwiched between city-owned land (Firemen’s Park to the east, and 2430 Mewburn Road to the west) the opportunity exists to expand the landfill end- use plan by completing a master plan incorporating all three parcels. Doing so would not only increase the flexibility of options for end-use purposes of the Mountain Road landfill, but also provided some framework for future initiatives on the adjacent City owned land such as cemetery expansion and both active and passive recreation. BACKGROUND The Mountain Road landfill is part of an approximately 65.7 hectare (162.3 acre) parcel of land in the former Stamford Township. Originally, these lands were owned and operated by operated by Ontario Hydro for use as a disposal site for rock spoils excavated from the Hydro Canal in the 1920’s. In November 1968, the City began disposing solid Page 287 of 472 2 MW-2021-36 May 11, 2021 waste at the Mountain Road Landfill which was leased from Ontario Hydro. The City purchased the property which included the Mountain Road Landfill and Firemen’s Park on December 1982. The Stamford Centre Volunteer Firemen’s Association (SCVFA) purchased the portion of Firemen’s Park north of the rail line in 1958 from several land owners and purchased the portion south of the rail line from the City in the mid 1980’s. The SCVFA also entered into a long-term lease agreement to maintain the north, west and south buffer area of the landfill as parkland in conjunction with Firemen’s Park. More recently, the City has regained ownership of Firemen’s Park and license its use to the SCVFA. In 1996 Niagara Region assumed responsibility for waste management from all the local municipalities and thus the landfill transferred to Regional ownership shortly thereafter. Shortly before this transfer, in 1993, a similar end use concept plan exercise was undertaken and approved by Council; however, little to no action followed as a result of the upload of the property and waste management jurisdiction to the Niagara Region. The previously completed 1993 study also incorporated the lands located immediately west of the landfill, formerly owned by T. G. Bright Ltd. (Brights Wines), at 37.39 hectare (92.39 acre) parcel of land which is now City-owned property known municipally as 2430 Mewburn. Please see the attached location plan. The 2430 Mewburn Road parcel previously acted as buffer lands (aka Containment Attenuation Zone) for the active landfill and are zoned Agricultural in Zoning Bylaw 79- 200. The lands are also designated as Escarpment Rural within the Niagara Escarpment Plan. At the northern limit of this parcel is located the Bruce Trail / Laura Secord Legacy Trail and a trailhead connection at Mewburn Road. Previous studies completed on these lands indicated initial suitability for future cemetery use as well as slo-pitch softball as an interim land use until further cemetery expansions were necessary. As noted in the attached letter from Niagara Region, the lands at 2430 Mewburn Road are no longer required to act as a buffer, provided they remain for passive end-use purposes. Niagara Region has advised that the existing landfill has a remaining capacity for acceptance of approximately 100,000 cubic metres of clean soil in accordance with the approved Environmental Compliance Approval (ECA) given by the Ministry of Environment Conservation and Parks (MECP). Staff believe that placement of this remaining capacity available at the landfill presents itself as an opportunity to place soil in such a way that lends itself to the final contours, and form and function of the site that can be conducive to future public uses. The ultimate end-use of landfills is regulated by the MECP in order to ensure that environmental factors and risks of the property are managed in perpetuity by the owner due legacy items such as leachate management, groundwater quality, ground settlement and methane release (for example). Consequently the extents of end-use plan opportunities do not generally permit the construction of large structures with footings, Page 288 of 472 3 MW-2021-36 May 11, 2021 and is limited to passive recreation uses such as hiking and cycling trails, nature areas, and observation points, etc. ANALYSIS/RATIONALE Developing an updated end-use master plan for the Mountain Road Landfill that incorporates some, or all, of Firemen’s Park and 2430 Mewburn Road properties presents itself as a major opportunity for the City of Niagara Falls to add up to 94 hectares (234 acres) of new naturalized and/or passive outdoor recreation space (in addition to those already present at Firemen’s Park) for residents and visitors to enjoy. Conceptualization of the plan is recommended to be highly influenced by public consultation during the course of the end-use plan development, as well as the findings of the Recreation, Culture and Parks Master Plan currently underway. However, the end- use plan requires compatibility with the MECP’s ECA requirements, thus Staff suggest that it is important to limit the opportunities mostly to passive-uses such as: Walking trails Hiking trails Cycling trails Mountain bike trails Tobogganing hills Scenic overlooks Naturalized areas Gardens Parking Interpretive Signage Public Art Natural Playground Notwithstanding the uses listed above, Staff also suggest that consideration within the study be given to designate a portion of the land located at 2430 Mewburn Road for the purpose of a future cemetery. This suggestion is made in light of the currently underway Cemetery Master Plan that has identified a quickly diminishing availability of burial plots at existing cemeteries which will require expansion within less than a 10-year timeframe in order to serve the community. Staff believe that cemetery use at 2430 Mewburn Road is very compatible with passive-use recreation opportunities and in fact can be well integrated into a master plan for the broader area. As studied before, the potential for inclusion of other interim recreation uses such as baseball/slo-pitch diamonds, soccer, or cricket pitches also seems logical given that cemetery needs will grow over time and not immediately require all 92 acres. Subject to Council’s support of this approach and budgetary approval, Staff are recommending to proceed in partnership with the Niagara Region in accordance with the following the steps and estimated timelines. Phase 1 – Consultation and Master Plan Development (2022) Retain a consultant who will perform the following: public and stakeholder engagement, soil analysis, hydrogeological analysis, stage 1 archaeological analysis, and develop site Page 289 of 472 4 MW-2021-36 May 11, 2021 concepts, landfilling contour plans, phasing plans and cost estimates for Council and other agency approvals. Approvals expected to be submitted in 2023. Phase 2 – Detailed Design of Soil Placement, Shaping and Stage 1 Amenities (2023/2024) Once approvals have been submitted and are likely to be approved, proceed with detailed design of preparatory grading and site amenities necessary to allow for ongoing filling, grading, and compacting of soil from local construction projects. This may include preparatory items such as water services and driveways, and may also include Stage 1 amenities such as trail connections, parking, etc, that will support future phases while not be directly impacting soil placement operations at the landfill. Phase 3 – Placement of Soil and Construction of Stage 1 Amenities (2024/2025) Upon approval by the requisite agencies, proceed with placement of the remaining soil and the construction of Stage 1 amenities. This stage will also include placement of final cover (seed mix) and other tree and shrub plantings. Phase 4 – Detailed Design and Construction of Remaining Site Amenities (2026+) Detailed design and construction of the remaining amenities to proceed in accordance with a staging plan and can be aligned with Council budgetary availability and stakeholder priority. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff estimate that budget of $100,000, plus additional regional contributions for end-use is required to complete the Phase 1 Master Plan as described in this report. Advancement of all phases of this project is subject to Council approval as part of future year capital budgets. Moving forward with this initiative will eventually require a defined partnership and cost- sharing agreement with between the City and Region. Should Council agree to advance this initiative forward, it will be expected that the City contribute financially to the components of the end-use plan that are in excess of the minimum steps necessary if the Region were to proceed without City involvement (i.e. close the landfill and restrict it from future public use). Furthermore, the City will be expected to be responsible for ongoing operating costs and activities related to maintenance of amenities, whereas the Region would be responsible for Landfill monitoring, maintenance and ECA compliance activities. 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. Page 290 of 472 5 MW-2021-36 May 11, 2021 LIST OF ATTACHMENTS Attachment 1 – Location Plan Attachment 2 – April 20, 2021 Letter from Niagara Region Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer E. Nickel Page 291 of 472 Report MW-2021-36 – Mountain Road Landfill End Use Plan Attachment 1 – Location Plan Mountain Road Landfill (Region) Firemen’s Park (City) 2430 Mewburn Rd (City) Page 292 of 472 Public Works Waste Management 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Tel: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-685-0013 niagararegion.ca April 20, 2021 VIA EMAIL City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Erik Nickel. P.Eng., Director Municipal Works Dear Erik Nickel: Re: Update on the Closed Mountain Road End Use Plan Please accept this letter as a follow up to our conversation of March 31, 2021, regarding the end use plan for the former Mountain Road landfill site. As discussed, Niagara Region is providing a summary of the work required to facilitate the implementation of an End-Use Master Plan (Plan) at the Closed Mountain Road Landfill (the Landfill). Based on our discussions and prior conversations with Geoff Holman, former Director of Municipal Works at the City of Niagara Falls (the City), Niagara Region will work collaboratively with the City to develop the Plan. At this time, it is our understanding that the City will lead the development of the Plan in consultation with Niagara Region. The development of the Plan will include addressing the Environmental Compliance Approval requirements. As you are aware, the Landfill has been accepting clean soil from construction projects for the past 15 plus years. The Landfill provides a cost-effective outlet for businesses to deposit soil, and further avoids using valuable landfill space at Niagara Region’s operating landfill sites. Niagara Region will continue to accept “clean” soil at the Landfill; however, we do not see this activity impacting the commencement of the End Use Plan work. For the City’s information, there is approximately 100,000m3 of space remaining for “clean” soil. The following information is being provided to the City with the intent to initiate more formal discussions about the Landfill, it’s End-Use Plan, and the integration with City- owned lands to the east and west of the Landfill; hereinafter, collectively known as the Site. Page 293 of 472 Erik Nickel Page 2 of 5 Contaminant Attenuation Zone (CAZ) The CAZ is the City owned land west of the Site. In 2010, when Niagara Region was working to amend the Environmental Compliance Approval (ECA), this property became a rather contentious issue. Following extensive discussions, many emails, dialogue with the Ministry of the Environment, Conservation and Parks (MECP) and detailed hydrogeologic studies, the MECP agreed that the inclusion of the CAZ in the Landfill ECA was no longer required. The following wording was included in the Landfill Closure Plan and approved by the MECP at the time: As there are currently no demonstrated exceedances of trigger concentrations in bedrock aquifer groundwater at the Property boundary and any future exceedances of trigger concentrations in groundwater can be addressed through increased groundwater containment, Conestoga-Rovers and Associates (CRA) does not recommend the establishment of a CAZ as it is not required. Provided there are no new developments, it is Niagara Region’s understanding that the CAZ was not, and is not, integral to the Landfill. Additionally, it is also the Region’s understanding that any future use of the CAZ should be compatible with remedial efforts, should such work be required. Like the Landfill itself, a passive end-use of the CAZ will likely be more favourable to the MECP. End-Use Considerations As with most landfills, end-use development is subject to MECP approval. The current Landfill ECA states the following conditions to facilitate end-use development: Condition 8.2 The Site shall remain as passive open space with restricted access to the public, as described in the Closure Plan. Any change in end use shall be developed in consultation with the District Office and should include public consultation with property owners within 1 kilometre distance of the Site. Condition 8.3 Prior to establishing any end-use of the Site for passive or active public use, the Proponent shall obtain approval from the Director. A report demonstrating the suitability of the site for the proposed use considering all landfill impacts (landfill gas, odour, settlement, etc.) including precautions to be taken to mitigate any impacts shall be submitted as supporting documentation for such application. Page 294 of 472 Erik Nickel Page 3 of 5 It is our opinion, that unless an elaborate end-use is considered, the Annual Monitoring Reports submitted by Niagara Region should satisfy the majority of the considerations noted above. Approval Process In order to obtain MECP approval for end-use, there are two options: 1. Section 27 approval under the Environmental Protection Act; or 2. An ECA amendment. Based on our experience, the ECA approval process is more straightforward and timelier to complete. Considering the current regulatory framework, an ECA application is typically turned around by the MECP within one year from the date of submission. While Niagara Region does not have access to the MECP data on turn-around times, we have been experiencing a ten to twelve month turn around on applications. As such, Niagara Region recommends including at least a one-year timeline for MECP approvals in addition to the time it takes to prepare the End-Use Master Plan. Landfill Projects Prior to the implementation of an End-Use Plan at the Landfill, the following projects must be completed. 1. Leachate Collection System Upgrade which includes: a. Review opportunities to separate flow from the pumping wells and divert it through some form of mechanical treatment, wetland or equivalent to reduce the flow to the downstream sewer system and gain capacity within the leachate collection system; b. Improvements to the functionality of the leachate collection system and reduce the leachate mound will be reviewed with the intent to reduce the contaminating lifespan of the Landfill. This work will be subject to the successful removal of flow from the pumping wells. Based on the status of the project and the need for MECP approvals, Niagara Region anticipates construction of this project during the 2023 summer construction season. Page 295 of 472 Erik Nickel Page 4 of 5 2. Mewburn Road Pumping Station (PS) Niagara Region Wastewater staff have retained a consultant to design the new Mewburn Road PS. This project will see the new PS located just south of the old Maintenance Building at the Landfill site entrance. Based on the status of the project and the need for MECP approvals, Niagara Region anticipates construction of this project during either the 2022 or 2023 construction season. Albert Succi is the Project Manager and can be reached at albert.succi@niagararegion.ca if you have specific questions regarding this project. Estimated Costs for End-Use 1. End-Use Plan Development Cost Based on a site of similar size, the cost 10 years ago was $50K. This cost included the preparation of an End-Use Master Plan to support an ECA amendment and the required public consultation. Staff feel that this cost could be $75K or more depending on the scope of work, inclusive of the ECA requirements noted above. 2. End-Use Plan Construction Cost An estimate of this cost is highly dependent on the level of detail incorporated into the End-Use (i.e., structures, entrance improvements at the Landfill, number and type of plantings etc.). It is noted that there are existing trails at the site that would be appropriate to continue using as it would simply be a matter of formalizing those trails. It is estimated that this project would cost between $600K and $1M depending on the above noted variables. This does not include detailed design, contract administration and inspection. This could add another $150K to the project cost. A high-level estimate of the total project cost would range between $825K and $1.225M from start to finish, based on previous projects. However, as noted earlier, the costs will fluctuate depending on scope and other external factors. Recommended Project Schedule If it is the City’s intent to have the site ready for 2025 and considering the other capital projects noted above, the following schedule is reasonable: Page 296 of 472 Erik Nickel Page 5 of 5 End-Use Design – 2021-2022 MECP ECA Application – 2022 or 2023 Construction – 2024-2025 subject to budget availability. I hope the above information meets your needs. Should you require additional information, please do not hesitate to reach out to Emil Prpic (emil.prpic@niagararegion.ca) and/or Peter Kryger (peter.kryger@niagararegion.ca) We look forward to continuing to work with the City to see this Landfill turned into a place which residents will enjoy for years to come. Respectfully submitted and signed by ________________________________ Catherine Habermebl Director, Waste Management Services Copied: Emil Prpic, Associate Director, Waste Disposal Operations & Engineering, Niagara Region Pete Kryger, Project Manager, Niagara Region Albert Succi, Project Manager, Engineering Water and Waste Water, Niagara Region Page 297 of 472 PBD-2021-15 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-15 AM-2017-005, Licensing By-law for Vacation Rental Units and Bed and Breakfasts RECOMMENDATION That Council pass the Licensing By-law for Vacation Rental Units and Bed and Breakfasts and the amendment to the Municipal Accommodation Tax By-law on tonight’s agenda. EXECUTIVE SUMMARY On April 10, 2018, City Council adopted report PBD-2018-19 to proceed with amendments the Official Plan and Zoning by-laws to address Vacation Rental Units (VRUs) and Bed and Breakfasts (B&Bs) and to amend the City’s Licensing By-law pertaining to VRUs and B&Bs. On August 14, 2018, Council adopted Official Plan Amendment No. 127 which contained policies governing VRUs and B&Bs. Council also passed Zoning By-law 2018-91 to regulate B&Bs and Zoning By-law 2018-92 to regulate VRUs. All three documents were appealed to the Local Planning Appeal Tribunal (LPAT). At a LPAT hearing, By-law 2018- 91 was approved and came into effect on July 25, 2019. Official Plan Amendment No. 127 and By-law 2018-92 were subject to an LPAT hearing on November 5, 2020; the City is still awaiting the decision of the Tribunal. In anticipation of a LPAT decision on the City’s amendment documents, City Staff have worked with the Regional Prosecutor to develop a new licensing by-law for Vacation Rental Units and Bed & Breakfasts. This by-law would replace the licensing by-law for Tourist Homes which is currently used for these types of operations. The license fee for VRUs and B&Bs will necessitate an amendment to City Fee By-law No. 2020-97. In addition, the City passed By-law No. 2018-104 to establish a Municipal Accommodation Tax. The By-law prescribes a tax transient accommodation for continuous periods of less than 30 nights. It is necessary to amend By-law 2018-104 to include Vacation Rental Units and Bed & Breakfasts. Page 298 of 472 2 PBD-2021-15 May 11, 2021 BACKGROUND The City of Niagara Falls has regulated the rental of dwelling units to tourists as a separate land use since 2002. Initially termed “Cottage Rental Dwelling” and more recently called Vacation Rental Units they are also known as Short Term Rentals (ST Rs) in other municipalities and often referenced under the umbrella AirBnBs (although AirBnB is an internet platform for booking these forms of accommodation). In June 2011, the Ontario Municipal Board, through the Town of Blue Mountains OPA 11, ruled that municipalities have the right to regulate these forms of accommodation as a separate land use category. The City has allowed the operation of Bed and Breakfast establishments, through zoning, since 1979 primarily under the term Tourist Home. Following extensive public consultation and industry review, the City concluded that renting rooms to tourists in owner occupied housing units constituted true “home sharing” as it maintained the residential use as the primary function while allowing the homeowner to earn additional income. Vacation Rental Units were seen as commercial operations which should be directed toward commercial land use designations where the zoning already provides for hotel, motel and tourist accommodation. City Council passed Zoning By-law 2018-91 to allow a Bed & Breakfast up to 3 bedrooms in an owner occupied dwelling unit in the R1, R2 and R3 zones and up to 4 bedrooms in the R2 -2 zone (River Road district). This By-law came into effect July 25, 2019 upon a settlement agreem ent before LPAT. By-law 2018-92 to regulate Vacation Rental Units in the GC, CB and TC zones was passed by Council and was subject to an LPAT hearing on November 5, 2020. The City is waiting for the Tribunal’s decision. In addition, Official Plan Amendmen t No. 127 to add policies to the Niagara Falls Official Plan was adopted by City Council and is pending the release of a decision by LPAT. The day to day operation of Bed & Breakfasts and Vacation Rental Units is guided by the City’s Licensing By-law. Currently these uses are licensed as Tourist Homes. However, the wording is dated and simplistic. Therefore, City staff (City Clerk, Manager of Municipal By-law Enforcement, Solicitor and Planners) have been working with the Regional Prosecutor to develop a new Licensing By-law to govern B&B and VRU operations. The new by-law establishes new contemporary definitions, operational rules and inspection requirements which must be met before opening. Under the new by-law, these licenses remain the property of the City and are non-transferrable. In addition, any operator who receives 3 violation notices will have his license suspended. Anyone caught operating without a license would be subject to a chargeable offence. The new Licensing By-law is included in tonight’s agenda for adoption. Currently, the City’s Fee By-law establishes a fee of $65 per year for a Tourist Home license. A new annual fee of $500 is proposed for a new VRU or B&B license (or change of ownership) and an annual fee of $250 for the renewal of any existing license. This fee includes the Fire Inspection fee. City Council has waived all licensing fees for 2021, therefore, it is recommended that the new fees come into effect for the 2022 licensing period. The City’s Fee By-law is to be amended with the next update. Page 299 of 472 3 PBD-2021-15 May 11, 2021 Lastly, the City passed By-law 2018-104 to establish a Municipal Accommodation Tax. The tax applies to the purchase of transient accommodation. An amending by -law has been prepared to add VRUs and B&Bs to the list of accommodations to wh ich the tax applies (currently hotels, motels, inns and resorts). This change is supported by the Hotel Association. This would mean that the operator of a VRU or B&B would collect $2 per room per night occupied and remit payment to the City. While Section 3.3 requires remittance of the tax collected at the end of each month for hotels, motels, inns and resorts, it is proposed that the operators would remit quarterly in accordance with standard remittance practices given the smaller size of their operations. The passing of a new licensing by-law, establishing new license fees and applying the accommodation tax will complement the municipality’s zoning and better regulate operations of VRUs and B&Bs in the City. CITY’S STRATEGIC COMMITMENT The proposed changes support a vibrant and diverse economy by providing clear and concise licensing which reflects the changing market conditions in the tourism sector. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:cv S:\PDR\2021\PBD-2021-015, AM-2017-015, Licensing By-law for VRUs and B&Bs.docx Page 300 of 472 303.:m.___<_m.ao: mmas_<_o:Qm<._<.m<5.8293>_<_ ._.ouImm.3m«x:N<_o 9.52:m<Smm>mm:mm.83um.583:6m<-_%<.noc:n__Bmmszm32_<_m< E63"xmzzmi.<<mm:..:mm. mmsn_n1mm<._<_m<NBBbumES ._.9m____<_m.ao:AE__3mGo:©ammm$§_m.8v on01.>26<<mm§:mm mcgmnnmm>mm:am:33Nm.Enmzazmm<,_m<$no::Q_BmmmzmSn5_<_m< _<:._<_m<o3no::n___oR.magQ2W53“. <<m_<m«mm;Smnmx?ow>_<_-~oS-oom.Em_o_.oUommn_Enmzmmzmw<-_m<<+3<m8go:xm.§_C33 magmamagwwmmwmmm?m.<<m:25nocsnz<<.__ummmHimc<-_m<<..938do_<_«.:2_os§ma.8 m<m1<coo_<o:mam:E30:3m:m:.__3naseazmF _:or:_~_<m_.280.zm_m:co:_&ooo_ms;301.51:m_m:coE.:ooo_mmnwommSm2.2.wmmamsnm.£3 .8_ummomE_m:_.o<3m3omEm::o3mm_..mmcmm:_:3:mmn_U<_82$a_2§cmmsm:o3mm3., _=mmm_no33m3_m_uczoommm.._.:m:92U<-_m<<m:o:_o_mom_o:m<<m<.8<<mEm:3§m::mSW Emmcm+33or...12.<<:__mm=o<<.:m_mm_:3m.8o_omB.8G9“aw?.8nosszcm.3romamcm?m3 16:,:o3mm. 153.909 >::mmag_Am::m.n:Em?scmm 23%;.mm__m‘0:33 Page 301 of 472 PBD-2021-020 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-020 AM-2019-012, Exemption Request to 2-Year Waiting Period for a Minor Variance 6353 Carlton Avenue Owner: Pivotal Fine Homes Ltd. RECOMMENDATION That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight’s agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Pivotal Fine Homes Ltd. to file an application to the City’s Committee of Adjustment for the proposed development. EXECUTIVE SUMMARY The Smart Growth for Our Communities Act, 2015 established a 2-year waiting period between an applicant-initiated site-specific rezoning of a property and a minor variance application. The intent of the new 2-year waiting period is to provide greater control to Council which will determine whether it is appropriate for the Committee of Adjustment to alter recent zoning by-laws through the minor variance process. If Council allows an application to the Committee of Adjustment, it would still be subject to all the normal Planning Act requirements for a public hearing, notice and appeal rights. Council’s decision to permit a privately-initiated application would simply mean that they are satisfied that the zoning regulations can be reviewed and varied by the Committee of Adjustment. Pivotal Fine Homes Ltd. is requesting that Council consider passing a resolution to allow them to file an application to the City’s Committee of Adjustment for a future proposed Draft Vacant Land of Condominium for 6353 Carlton Avenue. The applicable zoning by-law was passed in November of 2019. BACKGROUND Proposal On November 12, 2019, City Council passed By-law No. 2019-122 which amended Zoning By-law 79-200 to permit a site specific Low Density, Grouped Multiple Dwellings (R4) zone for 6353 Carlton Avenue (see Schedule 1). The proposed concept can be seen in Schedule 2. Page 302 of 472 2 PBD-2021-020 May 11, 2021 Pivotal Fine Homes Ltd. Is preparing to submit for a draft plan of vacant condominium for the property. It has come to Staff’s attention that not all of the requeste d privacy yard reductions were included in By-law 2019-122. As such, Pivotal Fine Homes Inc. intends to request a reduced privacy yard from 7.5 metres to 6.3 metres for 2 units in Building 3, and 7.0 metres for two units in Building 1. In order for an application to be submitted to the City’s Committee of Adjustment, it is necessary for Council to pass a resolution granting an exemption to the required 2-year waiting period. Planning Changes The Smart Growth for Our Communities Act, 2015 amended the Planning Act by establishing a 2-year waiting period for minor variance applications. This means minor variance applications are not permitted for two years following a privately-initiated site- specific rezoning of a property. The intent of the new 2-year waiting period is to provide greater control to Council to prevent zoning provisions that Council determined to be appropriate from being reversed or altered through the minor variance process for 2 years. Notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides Council with the ability to allow applications to be filed for minor variances by passing a resolution. If Council passes the resolution, the normal Planning Act requirements for a public hearing, notice and appeal rights still apply. Council’s decision to permit applications would simply mean that they are satisfied that the zoning regulations it implemented can be reviewed and varied by the Committee of Adjustment. ANALYSIS Pivotal Fine Homes Inc. is requesting Council to consider passing a resolution that would permit them to request the City’s Committee of Adjustment to vary zoning regulations that were approved for the proposed development. The variance application that the applicant wishes to pursue would request a reduced privacy yard from 7.5 metres to 6.3 metres for 2 units in Building 3, and 7.0 metres for 2 units in Building 1. Staff note that it has been 1 year and 6 months since the amending zoning regulations were approved. There would be no benefit to waiting the balance of the 2 year waiting period before the filing of a minor variance application in this case. The applicant wishes to proceed with submitting a vacant land of condominium for the property and is seeking to obtain the appropriate planning approvals in order to do so. A resolution is included in tonight’s Council agenda. Should Council adopt the resolution, the owner will be able to make their request to the Committee of Adjustment for the desired variance. The standard Planning Act procedures for notification, public hearing and satisfying the four tests of the Planning Act would apply to the minor variance application. Page 303 of 472 3 PBD-2021-020 May 11, 2021 CITY’S STRATEGIC COMMITMENT Removal of the 2-year waiting period will allow the developer to file an application with the City’s Committee of Adjustment and expedite the request in an efficient time period. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Proposed Concept Schedule 3 – Request Letter Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper:cv Attach. S:\PDR\2021\PBD-2021-013, AM-2019-019, Two- Year Waiting Period Exemption Request.docx Page 304 of 472 4 PBD-2021-020 May 11, 2021 SCHEDULE 1 (Location Map) Page 305 of 472 5 PBD-2021-020 May 11, 2021 SCHEDULE 2 (Proposed Concept) Page 306 of 472 6 PBD-2021-020 May 11, 2021 Schedule 3 (Request Letter) Page 307 of 472 F-2021-29 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-29 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes RECOMMENDATION 1. That June 30 and September 30 be approved as the 2021 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 2. That August 31 and October 29 be approved as the 2021 Final Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes. EXECUTIVE SUMMARY The due dates for final tax billing must be approved by Council pursuant to the Municipal Act. The City has established that due dates for the non-capped property classes be June 30 and September 30. The due dates for the capped classes are August 31 and October 29 due to the additional calculations required for these billings. BACKGROUND The City of Niagara Falls is responsible for billing and collecting property taxes on all assessable properties within the municipality. These annual billings include the annual taxes for the City, for the Region of Niagara and the appropriate local school boards. Due dates for property taxes are set to coincide with the quarterly levy payments made to the Region and the school boards. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Due to the additional calculations required to prepare the 2021 Final Tax Notices for the Commercial, Industrial and Multi-residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates for 2021 only for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 30 and September 30. And that the Final Tax Notice Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes be set as August 31 and October 29 to accommodate the additional calculations required for these property classes. Page 308 of 472 2 F-2021-29 May 11, 2021 Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Ferguson Page 309 of 472 F-2021-30 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-30 2021 Property Tax Rates RECOMMENDATION That Council approve the 2021 Property Tax Rates. EXECUTIVE SUMMARY The municipality must have the annual tax rates approved prior to providing rate payers with final tax bills. The 2021 General Purposes Budget was approved on February 9, 2021 with amendments made on April 20, 2021. The annual general levy of $74,177,044 was approved at this time. The City’s tax rates included in this report reflect the approved general levy. The regional, school and waste management rates have been provided by the responsible level of government and are also included in the schedule. BACKGROUND The Regional Municipality of Niagara has approved the 2021 tax ratios and tax rates. In addition, the Province of Ontario has established educational rates for 2021. The City is now in the position to establish its tax rates and to proceed with the Final 2021 Billing for the non-capped property classes. This report provides Council the City’s 2021 property tax rates. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2021 tax levy is $74,177,044. The General taxation portion of this total levy is $63,017,340; the Urban Service Area taxation portion is $9,566,970. Corresponding tax rates based on these levies are provided in Table 1. The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has provided the costs of this service for 2021 to the City. The annual cost used to determine the rates for 2021 is $7,952,580. To fund this expense, the City collects the taxes from the residents using a separate tax rate. Table 2 provides a comparison of the waste management tax rates used in 2020 to the recommended rates for 2021. Page 310 of 472 2 F-2021-30 May 11, 2021 The Appropriations and Levying By-law is prepared for Council’s adoption, should Council approve the recommendation. This By-Law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By-law shows the summary of tax rates for each classification and for all levies. LIST OF ATTACHMENTS Table 1 Taxes Rates – City of Niagara Falls Table 2 Taxes Waste Management Rates – City of Niagara Falls Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Ferguson Page 311 of 472 Table 1 Tax Rates - City of Niagara Falls 2020 2021 Urban Urban Tax Rates Service Service City of Niagara Falls General Area Combined General Area Combined Residential 0.434272%0.069759%0.504031%0.442816%0.071071%0.513887% Multi-Residential 0.855517%0.137425%0.992942%0.872348%0.140009%1.012357% New Multi-Residential 0.434272%0.069759%0.504031%0.442816%0.071071%0.513887% Commercial - Occupied 0.753419%0.121025%0.874444%0.768242%0.123300%0.891542% - Excess Land 0.527394%0.084717%0.612111%0.595388%0.095558%0.690946% - Vacant Land 0.527394%0.084717%0.612111%0.595388%0.095558%0.690946% Commercial Other - Occupied 0.753419%0.121025%0.874444%0.768242%0.123300%0.891542% - Excess Land 0.527394%0.084717%0.612111%0.595388%0.095558%0.690946% Landfill 1.276874%1.301996% Industrial 1.142137%0.183466%1.325603%1.164607%0.186916%1.351523% Industrial - Excess Land 0.799496%0.128426%0.927922%0.902570%0.144860%1.047430% Industrial - Vacant Land 0.799496%0.128426%0.927922%0.902570%0.144860%1.047430% Industrial - New Construction 1.142137%0.183466%1.325603%1.164607%0.186916%1.351523% Indust - New Constr - Excess Land 0.799496%0.128426%0.927922%0.902570%0.144860%1.047430% Pipelines 0.739175%0.118737%0.857912%0.753718%0.120969%0.874687% Farmlands 0.108568%0.017440%0.126008%0.110704%0.017768%0.128472% Managed Forests 0.108568%0.017440%0.126008%0.110704%0.017768%0.128472% Farmlands Awaiting Development I 0.325704%0.052319%0.378023%0.332112%0.053303%0.385415% Farmlands Awaiting Development II 0.434272%0.069759%0.504031%0.442816%0.071071%0.513887% Page 312 of 472 Table 2 Waste Management Tax Rates - City of Niagara Falls 2020 2021 Waste Waste Property Class Management Management Tax Rate Tax Rate Residential 0.053156%0.054682% Multi-Residential 0.104717%0.107724% New Multi-Residential 0.053156%0.054682% Commercial - Occupied 0.092220%0.094868% - Excess Land 0.064554%0.073523% - Vacant Land 0.064554%0.073523% Commercial Other - Occupied 0.092220%0.094868% - Excess Land 0.064554%0.073523% Landfill 0.156293%0.160779% Industrial 0.139800%0.143814% Industrial - Excess Land 0.097860%0.111456% Industrial - Vacant Land 0.097860%0.111456% Industrial - New Construction 0.139800%0.143814% Industrial - New Construction - Excess Land 0.097860%0.111456% Pipelines 0.904770%0.093074% Farmlands 0.013289%0.013671% Managed Forests 0.013289%0.013671% Farmland Awaiting Development I 0.039867%0.041012% Farmland Awaiting Development II 0.053156%0.054682% Page 313 of 472 F-2021-31 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2021-31 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2018 RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The City’s auditors, Crawford, Smith & Swallow, has completed the audit of the trust funds financial statements for the year ending December 31, 2018. This report is the presentation of those statements for Council’s review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. BACKGROUND The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. LIST OF ATTACHMENTS 1. (Draft) Audited Corporation of the City of Niagara Falls, Ontario - Trust Funds Financial Statements December 31, 2018 Recommended by: ___________________________________________ Jonathan Leavens, Acting Director of Finance Respectfully submitted: ___________________________________________ Ken Todd, Chief Administrative Officer Page 314 of 472 Bmz_:._m.9m<<>_._.o<<En_~><<mono OOW—vO~H>.:O2onemm 2_>n>w>m.>H.—._m.O2 -awcma_dz.Page 315 of 472 “mz?zm.&m<<>_._.o<<Snm><<_nom_u OO~wwO_~>.EO2omHEM0:4ow2—>D> -dame.323 E=s=nma_w§2=2.a $85.5F3; AsiaaOoiasa wmm» Fmow2.52:>:&8a_Wave:.._3 m.B.8BQ:omE5593womEo.=a msaaoaSimmnmsam...m36.,,swam5 E3wa§_§.» .mym Z388Esmnommr,a Page 316 of 472 o_~><<no_~_u mz:.:m m<<>_._.o<< 25:23vE3um_o=m_>RoE=m3mF... ?gocmmsmama zwmnms_um__m.oamzo_.~mNzm 4mommg38 mmom“.8So _ZUHEw2UH2H>cEaowm.Ewwoza 1?.En§nB_uQ.momOo:=o=.55233SE53.35 omQ5Oonnonmaos035O5azami.wm=m.0. 0.3.5.0: ¢<mrw<oeawa:5moooavms?smmbw:Sm\.m§8Bo=..Ea002.0330:om90O5owZmwmmnm mmmwmsoiH.350:umumUnooB_...$3...,,,av?mnonmwon$5<02.:5:asmnm. w§%,.W.E.v~oSma?ows?mooocnnsm2:98. a_.:,..:.omo=..$535m:Bu§.5_Bmwnoa.2.6 cm?wmmnmmw=m.0:510.‘Damn35%wm3 3533EEormnmom5FanS_§§won:851:3 mononwoocsnbmm§aa%. wewww H:2:£52..EnmoooBE_3~E mnwsom?@850:em:8Ooavoww UacnB.o9.E.NOE.mam2.5am 2&85mooonmmsow2.?023 wage»QE.~:.c: ..E.255.aim:5”wan:u_o<m=»8cam35:O35manner:mnmaaio?mE ..m.5=2_H1:032n.nEom_a%oa§§a_.bmoooamsoo2::E3» noazwamnwnaem.Socm=a<o.m??%‘%m:&nnimnaooin320ocsaaWmmama”;SEmvwnownmuno8 Reignm3%mom2:.oi: -%.ue:r:._._:.§.8o\335ES:8533%Q§.wma.§.SQe<m§§naxsexRw$.=§2.E m§§§.a gwaumoaa?Wmnomcosmmznwow:5Eacwawsonma333350:om98¢mswaor:m.B.8Bn=$E mnnonmwaoo$5»0.23%wscmomango»mooocsmsmm§a3%.85wow98:E833ooz?ogum Bmzmmnawi32332Wm=aonmmwQ8mania$5unouuawmoaowmzmsogm?m?onznunm93manWoo WE:Bmaaa_.Emw88Ba=r$5929.5no33ca935 Page 317 of 472 FEnwmmum:8msmsom?mS..oBm§m.Bwsmwa?nsnmmRmwoaaiowonwmmomabmEmo_.mmBNw:o:_m 358835%wmmmow?oosoans.&mo_omEm.mmmE.=omEo.Emmaama§nn_8mainooaonnz eazmimEnmowsm00509.5.83cmmooo?ism530%Bmsmmnao?39258am8Ec??oEa onmmimmnoa38onwmmowoawmosm.on36soanwmmmow:o~=mm<nE:8nomo. 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Uooa?wonML.N05.3i?uoaaE:E 3%mrmaom. u.092.._...=m~3:...” H2?mom§am?om macawCB<Q.m:< %mw..m_Mnmno~cooW Hcoo..03: _,. :83mms_.?H. V _mmoo.W58 §oZm<a:mama ‘ moo_ _moo zodosw?mmaaN£5,go <<.oo9.:mmama_$333 Ooiwoammaw?W, _woo,woo <<=mo:mama_ _ _M8_moo O.HU03:mama, __ M8M8 §._&53» nnm?mbm$5.3S.ms?hosx Page 322 of 472 L-2021-09 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2021-09 Encroachment Agreement with the City 4457 Ferguson Street and encroachments into the Hickson Avenue road allowance (Rena Vaturi, Yaffa Abihsira & Michel Abihsira) Our File No. 2020-200 RECOMMENDATIONS 1. That Rena Vaturi, Yaffa Abihsira and Michel Abihsira (the “Owners”) be permitted to continue their existing encroachments onto the City’s road allowance, being a portion of Hickson Avenue which abuts 4457 Ferguson Street, as shown in Schedules “A” and “B”. 2. That the Mayor and Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 4457 Ferguson Street and the applicable parcel for the affected portion of Hickson Avenue in the Land Registry Office. EXECUTIVE SUMMARY The Owners are the registered owners of 4457 Ferguson Street, and, has requested that they be permitted to continue to encroach into a portion of Hickson Avenue by way of entering into an Encroachment Agreement with the City to be registered on title to both the Owner’s lands and the City’s lands. The encroachments consist of part of the dwelling, a set of covered stairs and an enclosure as shown on Schedules “A” and “B”. BACKGROUND The Owners purchased the property known municipally as 4457 Ferguson Street (the “Subject Lands”) in June, 2017. The Owner submitted an application to rezone the Subject Lands from a Residential Two (R2) zone to a Residential Mixed (R3) zone with site-specific provisions to recognize the existing 3 unit dwelling on the property. Upon Page 323 of 472 2 L-2021-09 May 11, 2021 review of the application it was discovered that part of the dwelling unit, a set of covered stairs and an enclosure were encroaching into the City’s road allowance, being a portion of Hickson Avenue (the “Encroachments”). As a condition of the passage of the re-zoning by-law (PBD-2021-04 for AM-2020-015), the Owner will need Council’s approval to permit the Encroachments to continue, and, to enter into an encroachment agreement with the City. CIRCULATION COMMENTS Information about the request to permit the continued existence of the Encroachments was circulated to City departments for comment. The following summarizes the comments received to date: Fire Services No objections or concerns. Planning Department No objections or concerns. Municipal Works No objections or concerns. Transportation Services No objections or concerns. ANALYSIS/RATIONALE The Encroachment Policies and Procedures Section 600.03 will require the Owner to pay for the cost to prepare the encroachment agreement ($500.00) together with disbursements relating to a search of title and costs to register the agreement, including the preparation and deposit of a reference plan. The requirement of a reference plan will assist the City in ensuring that no additions, alterations or expansions are made to the Encroachments, and, will provide subsequent purchasers/owners of the property effective notice of the Encroachments’ type, location and dimensions. Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time. There is currently no set schedule for annual encroachment fees, and, such annual fees are set on a case by case basis as determined by the City Solicitor. The Finance Department provided a preliminary list of encroachment agreements on file to Legal Services in November, 2020, which showed a majority of these type of minor encroachments at a nominal annual fee (ex. $2.00) collected against Page 324 of 472 3 L-2021-09 May 11, 2021 the property’s tax roll number (which is another way to notify a property owner/potential purchaser of the encroachment agreement). At this time, and, in lieu of a more formal way of determining an annual fee, it is recommended that the encroachment agreement be prepared for nominal consideration, which is consistent with past City practices. The encroachment agreement would grant the continuance of the Encroachments by the City under terms and conditions as approved by the City Solicitor, including but not limited to, the provision that the continuance of the encroachment as being granted until such a time as it is required to be removed by the City, in the City’s sole discretio n. FINANCIAL IMPLICATIONS The Purchaser will be responsible for the costs relating to the reference plan and encroachment agreement. There will be a nominal annual fee of $2.00 for the encroachments until terminated. The encroachment agreement is required for the rezoning of 4457 Ferguson Street. The proposed development under the rezoning will provide new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed encroachment agreement is a condition of the rezoning for 4457 Ferguson Street. The rezoning of the proposed development complies with the Diverse and Affordable Housing initiative by increasing the amount of affordable housing available and diversifying the housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule “A” – Surveyor’s Sketch (May 7, 2019) Schedule “B” – Photographs of Encroachments Schedule “C” – Report PBD-2021-04 Recommended by: Ed Lustig, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer Attachments Page 325 of 472 4 L-2021-09 May 11, 2021 SCHEDULE “A” Surveyor’s Sketch (May 7, 2019) Page 326 of 472 5 L-2021-09 May 11, 2021 SCHEDULE “B” Photographs of Encroachments Page 327 of 472 6 L-2021-09 May 11, 2021 SCHEDULE “C” Report PBD-2021-04 Page 328 of 472 PBD-2021-04 January 19, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-04 AM -2020-015, Zoning By-law Amendment Application 4457 Ferguson Street Applicant: Rena Vaturi RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone 4457 Ferguson Street from a Residential Two (R2) zone to a Residential Mixed (R3) zone with site-specific provisions to recognize the existing 3 unit dwelling on the property, subject to the regulations outlined in this report. 2. That prior to the passage of the amending by-law, the applicant enter into an encroachment agreement for the partially encroaching dwelling, set of covered stairs and enclosure onto Hickson Avenue within the City’s road allowance. EXECUTIVE SUMMARY An application to amend the City’s Zoning By-law has been submitted to rezone 4457 Ferguson Street from a Residential Two (R2) zone to a site specific Residential Mixed (R3) zone to recognize an existing 3 unit dwelling. The applicant is proposing to recognize existing conditions through site specific lot area, lot frontage, front yard depth, exterior side yard width and parking regulations. Staff instead recommend the amending by-law permit the 3 unit dwelling within the existing building and permit the request reduction in required parking spaces from 4 to 3. Staff also recommend an encroachment agreement to address encroachments on the City’s road allowance be executed before the amending by-law is passed. The amendment is recommended for the following reasons: the proposed development conforms to Provincial and Regional policies as it makes efficient use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional rental housing choices for residents; the proposed development complies with the City’s Official Plan with res pect to intensification, density and the efficient use of infrastructure within the Built Area Boundary; and, the recommended zoning amendment will recognize a use that has existed for considerable period of time and has achieved a degree of compatibility with surrounding uses. BACKGROUND Proposal Rena Vaturi has submitted a zoning amendment application for a 0.04 hectare property known as 4457 Ferguson Street. The location of the subject lands is shown in Schedule 7 Page 329 of 472 2 PBD-2021-04 January 19, 2021 1. The zoning amendment is requested to recognize an existing 3 unit dwelling on the subject land. The land is zoned Residential Two (R2) Zone, which only permits for detached, semi-detached and duplex dwellings. The applicant is requesting the property be rezoned to a Residential Mixed (R3) Zone with site specific lot area, lot frontage, front yard depth, exterior side yard width and parking regulations to recognize the existing 3 unit dwelling. Site Conditions and Surrounding Land Uses The subject land is 474.4 square metres (5,106.4 square feet) in size and located on the north east corner of Ferguson Street and Hickson Avenue. There is an existing three unit dwelling on the property. The property is assessed as a duplex, however the third dwelling unit appears to have been created in a former barber shop unit about 40 years ago. There is a driveway on the property that provides access from Ferguson Street and Hickson Avenue and connects around the rear of the existing building. The site plan for the property can been seen in Schedule 2. Single detached dwellings are located to the east and north of the subject lands. To the west is an apartment building, commercial use and single detached dwellings. To the south are single detached houses and industrial uses. Circulation Comments The requested zoning amendment was circulated to City departments, agencies, and the public for comments. The Region was not required to be circulated on this application. The following summarizes the comments received: Municipal Works, Fire, Building and Transportation Department - No objections. Applicant is to apply for any necessary Building Permits for the third unit. Neighbourhood Open House As of the writing of this report, no written or verbal submissions have been made in response to the Notice of Open House. The Open House was virtually held on Wednesday November 18th, 2020 where no neighbouring residents participated. ANALYSIS 1. Provincial Policy Statement (2020) and Growth Plan (2019) The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to Provincial Plans. The PPS and Growth Plan directs communities to achieve efficient and resilient development and land use patterns by promoting developments and land use patterns that accommodate an appropriate range and mix of housing types and promote intensification that optimizes transit investments. Legalizing a 3 unit dwelling on the subject land will help provide a larger range and mix of housing options for the neighbourhood by legalizing the existing situation. 8 Page 330 of 472 3 PBD-2021-04 January 19, 2021 The proposal is a form of intensification that optimizes an existing bus route by locating more passengers within a close proximity to the existing bus route. 2. Regional Policies The subject lands are designated Built-Up Area within the Urban Area Boundary in the Region’s Official Plan. The 3 unit dwelling is a permitted use within this designation. The Region’s Plan promotes higher density development in Built-Up Areas within the existing Urban Areas and supports growth that contributes towards supplying housing that is affordable, accessible and suits a variety of needs. The proposal conforms to the Region’s Official Plan by utilizing existing services and providing additional higher density forms of housing in the neighbourhood. 3. Niagara Falls Official Plan The subject lands are designated Residential in Schedule A and are within the Built Area Boundary in Schedule A-2 of the City’s Official Plan. Multiple housing residential development within the Residential designation such as the proposed 3 unit dwelling should attain a minimum net density of 50 units per hectare on collector roads such as Ferguson Street. Planning Staff can consider the existing building a form of multiple housing as there are three units within one building, similar to a stacked townhouse which is considered a form of multiple housing. Such development shall be designed with a street presence that is in character with the surrounding neighbourhood. The existing development has a density of about 63 units per hectare and has the appearance of a single detached dwelling from the street, which is in character with the surrounding neighbourhood. 4. Zoning By-law Amendment The land is zoned Residential Two Zone (R2), which only permits for detached, semi-detached and duplex dwellings. The applicant is requesting the property be rezoned to a Residential Mixed (R3) Zone to permit for the existing 3 unit dwelling with the following site specific departures: R3 ZONE CURRENT REGULATION PROPOSED REGULATION Minimum lot area 740sq.m. 474sq.m. Minimum lot frontage 22.5m 13.1m Minimum front yard depth 6m + 10m from the centreline of Ferguson St 0m + 10m Minimum exterior side yard width 4.5m 0m Minimum required parking spaces 4 (1.4 spaces per unit) 3 Staff recommend that instead of the implementing the requested lot area, lot frontage and yard width and depth departures from the R3 standards, the 9 Page 331 of 472 4 PBD-2021-04 January 19, 2021 amending by-law instead limit the use of the land to a 3 unit dwelling in the existing building. Although the existing building does not comply with a number of R3 zone regulations the building was originally constructed in 1921 and has been used as a 3 unit dwelling for a considerable period of time. A degree of compatibility has been achieved with surrounding development and recognizing this use will not impact on the neighbourhood. The property has 3 complying parking spaces. As the dwelling has been used with this amount of parking with no known off-site impacts, and the property is located on a bus route, reducing the number of require spaces from 4 to 3 is appropriate. 5. Encroachment Agreement On the property, the existing dwelling, an enclosure and a set of covered stairs at the rear of the property partially encroach into the City’s road allowance on Hickson Avenue. It is recommended that the applicant enter into an encroachment agreement with the City for these items before the amending by-law is passed. 6. Site Plan Control Site Plan Control will not be required for the subject lands as no changes are proposed to the footprint of the existing building, parking or the site in general. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed development will provide a new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed development complies with the Diverse and Affordable Housing initiative by increasing the amount of affordable housing available and diversifying the housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Survey Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Cooper: Attach. S:\PDR\2021\PBD-2021-04, AM-2020-015, 4457 Ferguson Street.docx 10 Page 332 of 472 5 PBD-2021-04 January 19, 2021 APPENDIX 1 (Location Map – 4457 Ferguson Street) 11 Page 333 of 472 6 PBD-2021-04 January 19, 2021 APPENDIX 2 (Survey Plan – 4457 Ferguson Street) 12 Page 334 of 472 MW-2021-30 May 11, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-30 Willoughby Gardens Subdivision - Regulatory Signs RECOMMENDATION That the regulatory signs outlined in this report be approved for the Willoughby Gardens subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the additional traffic and parking controls in the Willoughby Gardens subdivision. BACKGROUND Approval has been granted for the Willoughby Gardens subdivision. This subdivision is located on the west side of Willoughby Drive, midway between Cattell Drive and Weinbrenner Road, and consists of eight new homes in a cul-de-sac. The street system has been constructed and the draft plan has been registered. Conditions have been imposed through the subdivision agreement for the installation of stop signs and parking prohibition signs. ANALYSIS/RATIONALE A breakdown of the regulatory signs is as follows: Stop Signs That a stop sign be installed facing traffic eastbound on Willguard Court at Willoughby Drive. Page 335 of 472 2 MW-2021-30 May 11, 2021 No Parking Signs That ‘no parking’ signs be installed on the north side of Willguard Court, including the entire turning basin. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreement 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 336 of 472 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. (Parking Prohibited, Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Willguard Court North Willoughby Drive and the western limit of At All Times Willguard Court, including the entire turning basin Page 337 of 472 (b) adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Willoughby Drive & Willguard Court Eastbound on Willguard Court This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of May, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 11, 2021 Second Reading: May 11, 2021 Third Reading: May 11, 2021 Page 338 of 472 MW-2021-34 May 11, 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-2021-34 Award of Pavement Marking Tender RFT21-2021 RECOMMENDATION 1. That Guild Electric be awarded Contract RFT21-2021 for the Supply of Materials and Services for Pavement Markings Using Truck Mounted and Small Machines (On Street); and 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY The execution of the tender by the successful bidder will provide for the application of pavement markings on city streets throughout Niagara Falls commencing May 2021 and terminating April 2024, with an option to extend the contract by two years. BACKGROUND In the presence of the Manager of Supply and Services, tenders for the Supply of Materials and Services for Pavement Markings were opened on Wednesday, April 21, 2021. The tender was issued for a three year period with an optional extension of up to two additional years. A total of one bid was received (please refer to Attachment #1 – Unofficial Tender Opening Results); which is detailed below: 3 Year Bid Total Company Name Business Location Tender Price (excluding HST) Guild Electric Limited Toronto $ 1,198,558.75 Guild has successfully been carrying out on-street pavement marking services for the city for the past five (5) years, and off-street for the past year. For this tender Guild Electric submitted the only bid for the duration of the three year tender. This bid is marginally higher than their previous successful bid in 2016 ($1,138,432.18 excluding HST); however this new contract now includes additional off-street locations (municipal parking lots and City owned facilities). Page 339 of 472 2 MW-2021-34 May 11, 2021 ANALYSIS/RATIONALE The tender procures contractor services for providing labour, materials and equipment for applying pavement markings on-street and off-street locations (municipal parking lots and City owned facilities) throughout the city. On-street pavement markings are essential for vehicle safety and regulation of traffic. For this tender Guild Electric submitted the only bid for the duration of the three year tender. Guild has been successfully carrying out on-street pavement marking services for the City for the past five (5) years. Staff does not have any concerns with Guild’s ability to complete this contract successfully, within the prescribed timelines and budget allocations. FINANCIAL IMPLICATIONS The on-street pavement marking applications for this contract are within the amount budgeted for this service in Transportation Services 2021 General Purposes Budget. Off-street pavement marking applications (municipal parking lots and City owned facilities) will be completed on an as-required/needed basis within the approved budgeted amounts of the funding Department. CITY’S STRATEGIC COMMITMENT The recommendations in this report encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Attachment 1 – Unofficial Tender Opening Results Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer M. Bilodeau Page 340 of 472 Page 1 of 1 THE CORPORATION OF THE CITY OF NIAGARA FALLS REQUEST FOR TENDER – CONTRACTOR SERVICES RFT21-2021 Supply of Materials and Services for Pavement Markings Using Truck Mounted and Small Machines (On-Street, Municipal Parking Lots & City Owned Lands) UNOFFICIAL TENDER OPENING RESULTS Tender Closing Date: Wednesday, April 21, 2021 Tender Closing Time: 1:45 p.m. Tender Deposit: Not Applicable Tender Opening Time: 2:00 p.m. Addendums Issued: 0 COMPANY TENDER PRICE (including HST) Guild Electric Limited $1,354,371.39 Page 341 of 472 City of Welland Corporate Services Office of the City Clerk 60 East Main Street,Welland,ON L3B 3X4WellandPhone:905-735-1700 Ext.2159 |Fax:905-732-1919 0NTA_RIo .CANADA Email:c|erk@wel|and.ca |www.wel|and.ca April 26,2021 File No.13-50 SENT VlA EMAIL Town of Pelham P.O.Box 400 20 Pelham Town Square Fonthill,ON LOS1EO Attention:Ms.Holly Willsord,Town Clerk City of Port Colborne 66 Charlotte Street Port Colborne,ON L3K 3C8 Attention:Ms.Amber LaPoint,City Clerk Township of Wainfleet P.O.Box 400 31940 Highway #3 Wainfleet,ON LOS 1V0 Attention:Mr.William Kolasa,Town Clerk Re:April 20,2021 —WELLAND CITY COUNCIL At its meeting of April 20,2021,Welland City Council passed the following motion: “THAT THE COUNCIL OF THE CITY OF WELLAND rescinds the approved motion of council regarding the uptake of governance for the transfer and operating authority of the NCDRA and NDA to the Niagara Region; and THAT Welland City Council approves retaining the governance and ownership NCDRA;and THAT a copy of this resolution be fonivarded to the Town of Pelham,City of Port Colborne and Town of Wainfleet for consideration and support, and further Bridgingthepast,presentandfuture Page 342 of 472 RE:April 21,2020 —Welland City Council April 26,2021 THAT a copy of this resolution be forwarded to the Niagara Region andNiagaraRegionMunicipalitiesforsupport.” Yours truly, Tara Stephens City Clerk TS:cap c.c.:—Ann-Marie Norio,Regional Clerk,sent via email -Local Area Municipal Clerks,sent via email 3/'iClg‘iI7_(]thepast,present andfume Page 343 of 472 93¢=:.=a=am u..Wm».29.3-3 §u=n:.¢._ .2433.czaro >2~=3:ZO._._0mO_u_<_O._._OZ ::.:_Ej;,>Za tmmmmzamom<OOCZOFFON<L2<:m.~. .:_.:.mZozom2.‘$02.03..m_.oomno:m..QmwmQmaEm>3:MP83wmmimxOozzm...Emmzzm. <<:mmm>m<<m__m:oO:<Ooc:o__mou3<mam32.0:o:_<_m<m.N03.mcuuozimEm83:8: vomaoz?mmo_::o:amomaqimEm55.3o_.©o<mEm:mmm:n_EmEmzw?mq2oom?mgsmmcEo12oq Emz_m@m_.mOm:=m__uo8E<m§%_3©>35:AZOUNEmagz_mmm$_u_mEo»Z80:AZU3“ mag <<:mmm>mEmzoom>Oo33_mw_o:om:ommm:mcm.BEEc:32o?onmw3m:mmm3m2. Emmmmomm:.mmmmmor<m_oj._>4Emooczo_rO_u._.I_mO_._.<O_u<<m_._.>zoammgzgm Emmoo8<mq32.2.9.oo::m__qmomaioEmcu?mxmo+@o<m3m:om?owEmQmzm?m?mag oomwmzsnm:Eo§<o?EmZOU_»>man2?,8Emzwmmmqm_»m@_o:“mam .:._>._.<<m__m:aO:<Ooc:o__m_o§o<mm1m.mE_:©Emoo<m3m:ommamo<<:m_.m:€ZOUWPmag j._>._.moo_o<o?E_m_.mmo_:=o:cm32<m3_mQ8Em._.o<<:3_umEm3_O53no:Oo_oo3mmag ._.o<<:2<<m_3_mm»3..oosmam?gozmagmcuoo?mamE_.Ema .:1_>._.m832Era.«mmo_E_o:om323336Emz_mmm:mmm@_o:magz_m©m_.m_»mm__o: _<_::_o:om_:_mm_.o?mcoooz.Page 344 of 472 April 22, 2021 Mayor Diodati and Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 SENT ELECTRONICALLY Dear Mayor Diodati and Council, Please be advised that at its meeting of April 16, 2021, the Board of Directors of the Niagara Peninsula Conservation Authority adopted the following as Resolution No. FA-75-21: Moved by Board Member Mackenzie Seconded by Board Member Huson WHEREAS the public has shown a strong desire and need to be out in nature in the NPCA watershed and across Ontario and it has been demonstrated that being in nature benefits our physical and mental health; WHEREAS the Province and the Region of Niagara have identified that the population of Niagara is expected to grow by 226,000, or 50% by 2051; WHEREAS the popularity of the present community-connecting trails like the Friendship Trail, Niagara River Waterfront Trail, Seaway Canal Trail, Dofasco Trail and the Gord Harry Trail is well documented; WHEREAS there are a large number of unopened road allowances and abandoned rail lines and other possible corridors that are presently not accessible to the public that have the capability of making physical connections between the municipalities in Niagara and with Hamilton and Haldimand County; WHEREAS Conservation Authorities including the NPCA have been shown to be agencies that can plan for and develop trails throughout their watersheds; NOW, THEREFORE BE IT RESOLVED: 1. THAT NPCA, being the agency with 2,845 ha of public land connecting Niagara, Hamilton and Haldimand, CONVENE a forum to bring agencies and municipalities in its watershed together to facilitate planning and development of an inter- jurisdictional trails network connecting municipalities, neighbourhood, employment areas, and nature destinations. 2. THAT NPCA municipalities BE ENCOURAGED to adopt, through official plan updates, expanded trail networks using publicly owned corridors, abandoned rails lines, and other opportunities. Page 345 of 472 2 3. THAT NPCA staff EXPLORE formal partnership opportunities with municipalities to map, build, and enhance trail connections. 4. AND FURTHER THAT a copy of this motion BE CIRCULATED to the local and regional municipalities within NPCA’s jurisdiction. CARRIED Should you have any questions on this matter, please feel free to contact CAO, Chandra Sharma at csharma@npca.ca or 905-788-3135. Sincerely, Grant Bivol Clerk / Board Secretariat Page 346 of 472 April 22, 2021 Mayor Diodati and Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 SENT ELECTRONICALLY Dear Mayor Diodati and Council, Please be advised that at its meeting of April 16, 2021, the Board of Directors of the Niagara Peninsula Conservation Authority (NPCA) adopted the following as Resolution No. FA-71-21: Moved by Board Member Beattie Seconded by Board Member Rapley 1. THAT Report No. FA-25-21 RE: Expanding the Greenbelt Proposal – NPCA Comments BE RECEIVED. 2. THAT staff BE AUTHORIZED to provide the NPCA’s comments on the Expanding the Greenbelt Proposal to the Environmental Registry of Ontario and partner municipalities in Welland River and Twenty Mile Creek watershed BE ADVISED. CARRIED Accordingly, attached for your reference is NPCA Report No. FA-25-21 RE: Expanding the Greenbelt Proposal – NPCA Comments along with related correspondence to the Minister of the Environment, Conservation and Parks RE: Environmental Registry of Ontario Posting 019-3136. Should you have any questions on this matter, please feel free to contact David Deluce, Senior Manager, Planning & Regulations at ddeluce@npca.ca or 905-788-3135 extension 224. Sincerely, Grant Bivol Clerk / Board Secretariat Encl. Page 347 of 472 Report No. FA-25-21 Expanding the Greenbelt Proposal – NPCA Comments Page 1 of 3 Report To: Board of Directors Subject: Expanding the Greenbelt Proposal – NPCA Comments Report No: FA-25-21 Date: April 16, 2021 ______________________________________________________________________________ Recommendation: 1. THAT Report No. FA-25-21 RE: Expanding the Greenbelt Proposal – NPCA Comments BE RECEIVED. 2. THAT staff BE AUTHORIZED to provide the NPCA’s comments on the Expanding the Greenbelt Proposal to the Environmental Registry of Ontario and partner municipalities in Welland River and Twenty Mile Creek watershed BE ADVISED. Purpose: The purpose of this report is to inform the Board of an initiative by the Province to expand the Greenbelt and the NPCA’s comments on this initiative. Background: On February 17, 2021, the Ministry of Municipal Affairs and Housing (MMAH) posted a notice on the Environmental Registry of Ontario launching a consultation on expanding the size of the Greenbelt Plan Area and enhancing the ‘quality’ of the Greenbelt. Two priority areas have been identified by the ministry: 1. Lands in and around the Paris Galt Moraine, which is a physiographic area currently located outside the Greenbelt in Waterloo Region and Brant and Wellington Counties; 2. Ideas for adding, expanding and further protecting Greenbelt Urban River Valleys. Principles articulated by MMAH for potential expansions include expansions that: • Support existing Greenbelt Plan objectives, vision and goals of providing permanent protection to the agricultural land base and ecological and hydrological features, areas and functions occurring on the landscape and providing for the inclusion of publicly owned lands in urban river valleys. • Connect physically and/or functionally to the current Greenbelt by building upon the natural heritage, water resource and agricultural systems approach of the Greenbelt Plan and should Page 348 of 472 Report No. FA-25-21 Expanding the Greenbelt Proposal – NPCA Comments Page 2 of 3 be directly connected or have a strong functional connection to not create unconnected islands of Greenbelt land. While the province’s focus is on the two priority areas highlighted above, they have also indicated they would consider input regarding other potential areas to grow the Greenbelt as well as other priorities that should be considered. It should be noted that the Province is not considering any land removals, land exchanges or policy changes at this time. Comments are requested by the close of the consultation period on April 19, 2021. Note that Conservation Ontario has solicited comments from Conservation Authorities, to which the NPCA provided comments on March 29, 2021. Discussion: There is a portion of the Greenbelt within the NPCA Watershed (see Appendix 1), however, the two geographic areas of focus for growth are not located within the NPCA Watershed. As such, staff offered no comments on the merits of including those geographic areas. The other component of the Greenbelt that the Province is focusing on is Urban River Valleys. There is one existing designated Urban River Valley in the NPCA Watershed (Lower Twelve Mile Creek in St. Catharines). The Province introduced Urban River Valleys into the Greenbelt Plan added in the 2017 update as a way to bring river valleys into urban areas outside of the Greenbelt. The goal of including these new features was to provide additional connections between the Greenbelt area and the Great Lakes and to protect natural and open space lands. Another important consideration is that the policies for Urban River Valleys only applies to publicly owned lands. Many of the existing watercourses in the municipalities that are outside the Greenbelt area are far removed from a direct connection to the Great Lakes, thus would not be suitable as an Urban River Valley. In lieu of recommending new Urban River Valleys, staff recommended in comments to Conservation Ontario that consideration be given to extending the Greenbelt Natural Heritage System along the Welland River Valley and Twenty Mile Creek Valley. Both of these systems have their headwaters in the Greenbelt and are significant hydrologically and in a natural heritage context. Incorporating them into the Greenbelt Natural Heritage System would help in protecting these important systems. The Greenbelt Natural Heritage System (NHS) is a Provincial framework derived from coarse data. While this was a good start at the time, this is an opportunity to refine the NHS and fill in gaps that are missing, not just in Niagara but across the entire Greenbelt area. Conservation Authorities, such as the NPCA, have helpful data available to help identify gaps in the NHS and should be approached for such data. Financial Implications: There are no financial implications to the recommendations of this report. Links to Policy/Strategic Plan Commenting on Provincial Policy initiatives supports the Strategic Plan’s Mission Statement “to implement our Conservation Authorities Act mandate by remaining a responsive, innovative, accountable and financially sustainable organization” by “working in collaboration with our partners in conservation”. Page 349 of 472 Report No. FA-25-21 Expanding the Greenbelt Proposal – NPCA Comments Page 3 of 3 Related Reports and Appendices: Appendix 1 – Map of the Greenbelt in the NPCA’s Watershed. Appendix 2 – NPCA Comments to Conservation Ontario Authored by: Original Signed by: David Deluce, MCIP, RPP Senior Manager, Planning & Regulations Reviewed and Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 350 of 472 Page 351 of 472 Consultation on growing the size of the Greenbelt (ERO#019-3136) Consultation Table Please submit comments to Nicholas Fischer (CO) by March 29th, 2021 (mailto:nfischer@conservationontario.ca) Name: David Deluce, MCIP, RPP – Senior Manager, Planning & Regulations Conservation Authority: As a reminder, please submit one comment table per CA. Thank you. Consultation on growing the size of the Greenbelt Discussion Questions CA Comments What are your thoughts on the initial focus area of the Study Area of the Paris Galt Moraine? This is outside of our watershed, therefore, we have no comments What are the considerations in moving from a Study Area to a more defined boundary of the Paris Galt Moraine? This is outside of our watershed, therefore, we have no comments What are your thoughts on the initial focus area of adding, expanding and further protecting Urban River Valleys? While we are supportive in principle to adding more Urban River Valleys, we don’t have a lot of contiguous, open channel rivers running through our Urban Areas that would be suitable candidates for inclusion. Do you have suggestions for other potential areas to grow the Greenbelt? The NPCA recommends including the valley system for Twenty Mile Creek and the Welland River within the Greenbelt NHS. The headwater areas of both these rivers is already within the Greenbelt NHS. In the case of Twenty Mile Creek, the lower reach is also part of the Greenbelt NHS. It does not make sense for the middle reach to not be included. How should we balance or prioritize any potential Greenbelt expansion with the other provincial priorities mentioned above? (see ERO posting for priorities) It is acknowledged that growth management is important but equal importance must be placed on protecting the natural heritage system and water recourses systems of the Greenbelt and Growth Plan. Are there other priorities that should be considered? No further comments. General Comments Page 352 of 472 Consultation on growing the size of the Greenbelt (ERO#019-3136) No further comments. Page 353 of 472 1 April 19, 2021 Honourable Jeff Yurek Minister of the Environment, Conservation and Parks College Park 5th Floor 777 Bay Street Toronto, ON M7A 2J3 RE: Environmental Registry of Ontario Posting 019-3136 Dear Minister Yurek, Thank you for the opportunity to provide comments towards the provincial “Consultation on growing the size of the Greenbelt”. The Niagara Peninsula Conservation Authority (NPCA) offers the following general comments on the proposal. Please note that in addition to these comments, the NPCA also echoes the comments on this proposal that have been provided by Conservation Ontario. While the NPCA is supportive in principle to adding more Urban River Valleys, the Niagara watershed does not contain many contiguous, open channel rivers running through our Urban Areas that would be suitable candidates for inclusion. There is one existing designated Urban River Valley in the NPCA Watershed (Lower Twelve Mile Creek in St. Catharines). In lieu of recommending new Urban River Valleys, the NPCA recommends that consideration be given to extending the Greenbelt Natural Heritage System along the Welland River Valley and Twenty Mile Creek Valley. These two systems have their headwaters in the Greenbelt and are significant, both hydrologically and in a natural heritage context. In the case of Twenty Mile Creek, the lower reach is also part of the Greenbelt Natural Heritage System. It does not make sense for the middle reach to not be included. Incorporating both watercourses into the Greenbelt Natural Heritage System would help in protecting these important systems. It is acknowledged that while growth management is important, equal importance must be placed on protecting the natural heritage system and water recourses systems of the Greenbelt and Growth Plan. Thank you for the opportunity to comment on this proposal. For any questions or clarity on these matters, kindly contact CAO Chandra Sharma at csharma@npca.ca or 905-788-3135. Respectfully, David Deluce, MCIP, RPP NPCA Senior Manager, Planning & Regulations Page 354 of 472 Office of the Clerk Holly Willford, BA hwilford@pelham.ca 905-892-2607 x 320 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca April 23, 2021 Ann-Marie Norio, Regional Clerk Niagara Region 1815 Sir Isaac Brock Way Thorold ON L2V 4T7 ann-marie.norio@niagararegion.ca Attention: Ms. Norio, Item 14.1 Motion re: Request to Region of Niagara to Delay Official Plan Update Please be advised that at their regular meeting of April 19, 2021 Council of the Town of Pelham passed the following: WHEREAS the Province of Ontario, through the Planning Act, requires that the Region of Niagara conduct a municipal comprehensive review (MCR) of its Official Plan whereby decisions must be made as to how all of the population and employment growth is to be accommodated in the local municipalities for the years 2031 to 2051; AND WHEREAS since June 2019 the Province has amended a number of Provincial Statutes and policies that impact how municipalities plan for growth including the following: • The Provincial Policy Statement, • A Place to Grow: The Growth Plan for the Greater Golden Horseshoe, • The Development Charges Act, • The Planning Act, • The Environmental Assessment Act, and • The Conservation Authorities Act; AND WHEREAS these significant Provincial changes include: • reduced density targets in new greenfield development from 80 persons and jobs per hectare to 50 persons and jobs per hectare, • reduced intensification targets from 60% beyond 2031 to 50%, • setting minimum population and employment growth forecasts that can be exceeded subject to Provincial approval, • extended the planning horizon from 2041 to the year 2051, • introduced market demand as a consideration in determining the housing mix, and Page 355 of 472 Office of the Clerk Holly Willford, BA hwilford@pelham.ca 905-892-2607 x 320 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca • revisions to how municipalities fund growth; AND WHEREAS these Provincial changes signal an abrupt shift from the emphasis on creating compact and complete communities to a planning regime that facilitates lower density and car dependent communities; AND WHEREAS several Regions throughout Ontario have declared climate change emergencies and must consider the role of land use planning in their strategies to reduce their greenhouse gas emissions; AND WHEREAS these Provincial changes create pressure to convert more class 1, 2 and 3 farmland in to urban uses than would otherwise be necessary which is contrary to Niagara’s Official Plan as it relates to the protection of the agricultural system in Niagara; AND WHEREAS ensuring that Ontarians have access to healthy safe food in the future requires thoughtful consideration of the long term impact of converting thousands of acres of prime agricultural lands in the Greater Golden Horseshoe to urban uses; AND WHEREAS the change of the planning horizon to 2051 by the Province means that future municipal councils and the public will have little power to change decisions where they will grow after 2031 to the 2051 planning horizon; AND WHEREAS in the rural areas internet service is often poor, making it difficult for rural residents to participate in zoom calls; AND WHEREAS Niagara Region has adopted a public engagement initiative for the Niagara Official Plan review that includes public surveys, stakeholder input, direct public input and a Planning Advisory Committee; AND WHEREAS the current pandemic is making effective, in person public consultation impossible at a time when robust, informed public consultation is needed more than ever; AND WHEREAS the nature of work has evolved in response to the pandemic which may cause long term changes to the assumptions underlying the province's Land Needs Assessment. NOW THEREFORE BE IT RESOLVED THAT Pelham Council request the Niagara Regional Chair to write to request the Province to allow the Region to delay its final report on Page 356 of 472 Office of the Clerk Holly Willford, BA hwilford@pelham.ca 905-892-2607 x 320 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca its Official Plan Review until proper, in person, informed consultation with the public has been conducted on the growth concepts and the preferred growth concept; AND FURTHER THAT the Province be requested to allow the new Regional Official Plan which identifies non-discretionary components of a Regional Urban Structure that support local plans and priorities inside the current urban boundaries, exempt from the requirement for in-person consultation with the public; AND FURTHER THAT the Province be requested to suspend the timetable for municipal conformity to the Growth Plan and the Provincial Policy Statement to ensure that the public can fully participate in the process of planning their communities for the growth planning period covering 2031 to 2051; AND FURTHER THAT the Province suspend the deadlines it has set for conformity until the Land Needs Assessment Framework can be revisited to adjust to the significant changes to the nature of work that are reducing office space and parking space needs. AND FURTHER THAT this resolution be circulated to Premier Doug Ford, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, Niagara’s Local Municipalities, the Association of Municipalities of Ontario, the leaders of the Provincial opposition parties, Niagara’s MPP’s, and the Greater Golden Horseshoe municipalities. If you require any further information, please contact the undersigned. Yours very truly, Holly Willford, BA Acting Town Clerk cc. Doug Ford, Premier of Ontario, doug.fordco@pc.ola.org The Honourable Steve Clark, Minister of Municipal Affairs and Housing steve.clark@pc.ola.org Sam Oosterhoff, MPP, sam.oosterhoff@pc.ola.org Jennifer Stevens, MPP, JStevens-QP@ndp.on.ca Wayne Gates, MPP, wgates-qp@ndp.on.ca Jeff Burch, MPP, JBurch-QP@ndp.on.ca Andrea Horwath, Leader of the Official Opposition, ahorwath-qp@ndp.on.ca Niagara Local Municipalities Association of Municipalities of Ontario amo@amo.on.ca Greater Golden Horseshoe Barb Wiens, Director of Planning of Development Page 357 of 472 May 5, 2021 Sent via email: Local Area Municipalities Re: Town of Lincoln Council Resolution regarding Climate Change Adaptation Plan and Crisis Please be advised that Council for the Corporation of the Town of Lincoln at its Special Council Meeting held on April 19, 2021 passed the following motion: Moved by: Councillor J.D. Pachereva; Seconded by: Councillor Greg Reimer; WHEREAS climate change is already having an impact on global economies, communities, and the built and natural environments; and WHEREAS climate change remains the most significant global threat to the quality of life and security – for current and future generations; and WHEREAS the most recent report by the UN Intergovernmental Panel on Climate Change (IPCC) has indicated that within 10 years, to keep the global average temperature increase to 1.5 degree C and maintain a climate compatible with human civilization, there must be a reduction in carbon emissions of about 45% from 2010 levels, reaching net zero carbon emissions by 2050; and WHEREAS bold and collective action at global, national and community levels is required to effect change, build resilience, mitigate future threats and ensure a prosperous future for generations to come; and WHEREAS the Town of Lincoln understands that climate action and a low carbon transition also represents an opportunity for economic stimulation and job development opportunities in a new low carbon economy; and WHEREAS on July 22, 2019 Council of the Town of Lincoln passed a resolution supporting the development of a Corporate Climate Adaptation Plan; and WHEREAS on March 29, 2021 Council adopted the Corporate Climate Change Adaptation Plan. Page 358 of 472 THEREFORE, BE IT RESOLVED that the Council of the Town of Lincoln immediately declare a Climate Crisis and for the purposes of recognizing the urgent need to take action to mitigate the effects of climate change and to deepen the Town’s commitment to protecting its economy, ecosystems, and community from climate change; and 1. THAT the Town of Lincoln, officially declare a climate crisis for the purposes of joining a national and international movement consisting of a growing list of 509 municipalities in Canada and 1918 municipalities in 34 countries; and 2. THAT our CAO and staff be directed to work with other Local Area Municipalities and across Ontario to make our climate change initiatives permanent; and 3. THAT Council acknowledges that the climate change crisis poses a real serious threat and comprehensive changes and investments will be required to adapt to the impacts of climate change, mitigate climate risk, and prepare for our climate future. CARRIED Regards, Julie Kirkelos Town Clerk jkirkelos@lincoln.ca JK/dk cc: Association of Municipalities of Ontario Local Area Municipalities Page 359 of 472 CITY CLERK’S OFFICE City Hall, 100 Wellington Square, Brantford, ON N3T 2M2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca April 30, 2021 Hon. Doug Ford, Premier Room 281 Legislative Building, Queen's Park Toronto, ON M7A 1A1 Sent via email: premier@ontario.ca Dear Premier Ford, Please be advised that at the Brantford City Council Meeting held April 27, 2021, the following resolution was adopted: Request - Province of Ontario withdraws its prohibition on golfing and any other outdoor recreational activities WHEREAS COVID-19 restrictions have had significant impacts; and WHEREAS many forms of socializing, recreation and sport have been curtailed; and WHEREAS the game of golf can be enjoyed while maintaining proper social distancing; THEREFORE BE IT RESOLVED THAT The Corporation of The City of Brantford recommends: A. THAT The Province of Ontario withdraws its prohibition on golfing and any other outdoor recreational activities which can be enjoyed while maintaining proper social distancing; and B. THAT the City Clerk BE DIRECTED to forward a copy of this resolution to the Premier of Ontario; Will Bouma, MPP, Brantford-Brant, the Association of Municipalities of Ontario, Ontario Big City Mayors; and the list of other Municipalities in Ontario. Yours truly, Tanya Daniels City Clerk tdaniels@brantford.ca cc MPP Will Bouma, Brantford-Brant Association of Municipalities of Ontario (AMO) Ontario Big City Mayors All Ontario Municipalities Page 360 of 472 Community Services Legislative Services April 27, 2021 File #120203 Sent via email: premier@ontario.ca The Honourable Doug Ford, Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Honourable and Dear Sir: Re: Province Investigating and Updating Source Water Protection Legislation Please be advised the Municipal Council of the Town of Fort Erie at its meeting of April 26, 2021 passed the following resolution: Whereas the Municipal Council of the Town of Fort Erie passed a resolution on October 21st, 2019 identifying that 1,100 private water wells were in operation in the Town of Fort Erie, of which 75% were used for domestic purposes including human and livestock consumption, and Whereas the Municipal Council of the Town of Fort Erie further identified in that resolution that Council requires the protection of water in the aquifer supplying water to those wells from contamination as the result of any remediation of Pit One owned by the Port Colborne Quarries in the City of Port Colborne, and further Whereas Report No. PDS-23-2021, approved by Council on March 22, 2021, identified that while the Niagara Peninsula Conservation Authority, The Regional Municipality of Niagara and Local Area Municipalities work together to protect source water, these plans do not generally apply to private servicing, and Whereas Report No. PDS-23-2021 further identified efforts undertaken by the Town of Fort Erie through available provincial planning policy, regulation and legislation to protect source water within the Town of Fort Erie without any explicit ability to designate source water protection for private services, and Whereas on July 28, 2010, through Resolution 64/292, the United Nations General Assembly explicitly recognized the human right to water and sanitation and acknowledged that clean drinking water and sanitation are essential to the realization of all human rights, and …/2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 361 of 472 The Honourable Doug Ford, Premier of Ontario Page two Whereas it would be desirable to ensure that those in our community who rely on wells and other private servicing for clean drinking water are afforded the same source water protection as municipal drinking water systems; Now therefore it be resolved, That: The Municipal Council of the Town of Fort Erie recognizes and acknowledges that clean drinking water and sanitation are basic human rights and essential to the realization of all human rights, and further That: The Municipal Council of the Town of Fort Erie requests that the Ministry of Environment, Conservation and Parks consider legislative changes that would permit the expansion of source water protection to aquifers and private services, and further That: This resolution be circulated to The Honourable Doug Ford, Premier of Ontario, the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks, Wayne Gates, MPP Niagara Falls, Jeff Burch, MPP Niagara Centre, Jennifer Stevens, MPP St. Catharines and Sam Oosterhoff, MPP Niagara West, and further That: This resolution be circulated to all Conservation Authorities and Municipalities in Ontario for their endorsement and support. Thank you for your attention to this matter. Yours very truly, Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk cschofield@forterie.ca CS:dlk c.c. The Honourable Jeff Yurek, Minister of Environment, Conservation and Parks jeff.yurekco@pc.ola.org Jeff Burch, MPP, Niagara Centre jburch-qp@ndp.on.ca Sam Oosterhoff, MPP, Niagara West sam.oosterhoff@pc.ola.org Jennifer Stevens, MPP, St. Catharines JStevens-co@ndp.on.ca Wayne Gates, MPP, Niagara Falls wgates-co@ndp.on.ca Ontario Conservation and all Ontario Conservation Authorities: kgavine@conservationontario.ca; bhorner@abca.ca; kfurlanetto@crca.ca; generalmanager@catfishcreek.ca; @cloca.com; mvytvytskyy@hrca.on.ca; deb.martindowns@cvc.ca; tim.pidduck@crowevalley.com; tbyrne@erca.org; llaliberte@grca.on.ca; karmstrong@grandriver.ca; t.lanthier@greysauble.on.ca; Lisa.Burnside@conservationhamilton.ca; mmajchrowski@kawarthaconservation.com; elizabeth@kettlecreekconservation.on.ca;.cullen@lsrca.on.ca; tammy@lakeheadca.com; jmaxwell@lprca.on.ca; mark.peacock@ltvca.ca; kelly.vandettte@ltc.on.ca; beard@mvca.on.ca; David.Vallier@mattagamiregion.ca; smcintyre@mvc.on.ca; csharma@npca.ca; carl.jorgensen@conservationsudbury.ca; brian.tayler@nbmca.ca; dhevenor@nvca.on.ca; dlandry@otonabeeconservation.com; bmcnevin@quinteconservation.ca; richard.pilon@rrca.on.ca; sommer.casgrain-robertson@rvca.ca; j.stephens@svca.on.ca; cbarrett@ssmrca.ca; acoleman@nation.on.ca; bmcdougall@scrca.on.ca; John.MacKenzie@trca.ca; annettt@thamesriver.on.ca Ontario Municipalities Page 362 of 472 Public Works 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Tel: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-685-0013 niagararegion.ca April 30, 2021 Heather Ruzylo Clerks & Council Services Coordinator, Clerks Services City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Request for Niagara Region to Explore the Gold Box Program for “Super- Recyclers” and Report Back on any Incentive Program The material placed in recycling boxes across Niagara can be contaminated with materials that are either not recyclable, or not properly prepared for recycling collection and processing. Although these items may be set out for collection with the best of intentions, contaminated or improperly prepared recyclables cause a number of processing challenges which reduce the effectiveness and efficiency of the recycling process. This ultimately decreases the quality of the final products; increases taxpayer costs to manage the material; and reduces the life of our landfills as more residue is generated. As part of an effort to educate residents in the proper sorting and preparation of their recyclables, Niagara Region has carried out a variety of education and awareness campaigns across different communication channels. Beginning in 2012, Niagara Region included curbside visual audits of recycling, along with door-to-door communications, as part of each annual campaign. The visual audits look for contaminated and improperly prepared recyclables. Informational door hangers are used to support improved sorting and preparation practices for residents with mediocre or poor recycling habits. The curbside audit program also incorporates a reward to thank residents that are observed to have properly prepared and sorted their recyclables. If recyclables are observed to be sorted successfully, residents are provided with an informative door hanger thanking them for their great work and receive a new blue box. The blue box is emblazoned with two large gold star decals on either side of the box displaying the phrase, “I’m a Gold Star Recycler!” This fall, visual curbside audits will again take place, and another 600 homes will be eligible for a reward. Households are randomly selected across Niagara. The number of Page 363 of 472 households selected in each municipality is determined proportionally based on municipal population numbers and also considers available staff resources. Since the program started in 2012, over 4,300 Niagara region households have had a visual audit of their curbside recyclables. Of these, 793 households (18%) have been rewarded with a gold star recycling box. The gold star decals placed on Niagara’s recycling boxes was preferred over introducing a separate gold box in order to maintain the important distinction between Niagara’s dual stream recycling program. In Niagara, residents are asked to place paper-based materials into a grey box, and mixed containers into a blue box. Placing gold star decals on either a blue or grey box, maintains the integrity and continuity of the communications and messaging that is central to Niagara’s curbside recycling program. This fall, door hangers recognizing successful sorters will include the option for residents to be profiled on Niagara Region social media outlets with their new gold star recycler box. All promotional materials direct residents to learn more about the Region’s curbside recycling and organics programs at www.niagararegion.ca/waste or to contact the Region’s Waste Info-Line should they have any follow up questions. The gold star recycling boxes are a visible and tangible reward and a form of thanks and public recognition for the waste diversion efforts of Niagara Region residents. The rewards encourage residents to continue to successfully participate in Niagara Region’s curbside recycling programs. Niagara’s Gold Star reward program is cost-effective and educational; as such, it accomplishes the same end goal as other similar programs, such as the Gold Box program. Sincerely, Lucy McGovern Program Manager, Collection & Diversion Operations Niagara Region Waste Management Services Appendix A – Photo of a ‘Gold Star Recycler’ Page 364 of 472 Appendix A – Photo of a ‘Gold Star Recycler’ Page 365 of 472 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 April 26, 2021 CL 8-2021, April 22, 2021 PEDC 4-2021, April 14, 2021 Report PDS 19-2021, April 14, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program – 2021 Funding Recommendations Report PDS 19-2021 Regional Council, at its meeting held on April 22, 2021, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 19-2021, dated April 14, 2021, respecting Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program – 2021 Funding Recommendations, BE RECEIVED and the following recommendations BE APPROVED: 1. That the thirty-four (34) Local Area Municipal projects under the 2021 Combined Sewer Overflow (CSO) Control / Wet Weather Management (WWM) Cost Sharing Program, as identified in Appendix 1 of Report PDS 19-2021, BE APPROVED in the amount of $3,252,976; 2. That Regional staff PREPARE and EXECUTE the respective partnership funding agreements with the Local Area Municipalities (LAM) for qualifying projects to reflect the terms and conditions set out in Appendix 2 and Appendix 3 of Report PDS 19-2021; and 3. That the local Municipal partners BE ADVISED of the results of Regional funding support, as outlined in Appendix 1 of Report PDS 19-2021. Page 366 of 472 Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program – 2021 Funding Recommendations April 26, 2021 Page 2 A copy of Report PDS 19-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-067 Distribution List Town of Grimsby Town of Fort Erie Town of Lincoln City of Niagara Falls Town of Niagara-on-the-Lake Town of Pelham City of Port Colborne City of St. Catharines City of Welland Town of West Lincoln I. Stetic, Project Manager, Planning and Development Services D. Giles, Acting Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 367 of 472 PDS 19-2021 April 14, 2021 Page 1 Subject: Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program – 2021 Funding Recommendations Report to: Planning and Economic Development Committee Report date: Wednesday, April 14, 2021 Recommendations 1. That the thirty-four (34) Local Area Municipal projects under the 2021 Combined Sewer Overflow (CSO) Control / Wet Weather Management (WWM) Cost Sharing Program, as identified in Appendix 1 of Report PDS 19-2021, BE APPROVED in the amount of $3,252,976; 2. That Regional staff PREPARE AND EXECUTE the respective partnership funding agreements with the Local Area Municipalities (LAM) for qualifying projects to reflect the terms and conditions set out in Appendix 2 and Appendix 3 of Report PDS 19- 2021; and 3. That the local Municipal partners BE ADVISED of the results of Regional funding support, as outlined in Appendix 1 of PDS 19-2021. Key Facts • The purpose of this report is to provide background information to support the approval of the 2021 Local Area Municipal projects under the CSO Control / WWM Program. • The Combined Sewer Overflow (CSO) Control Cost Share Program has been in place since 2007 and is intended to facilitate shared funding with the local Municipal partners to help mitigate the impacts of wet weather events on the Region-wide sanitary system and the environment. As a result, the Region benefits from this program by gaining capacity at regionally owned trunks, sewage pump stations and wastewater treatment plants, which in return, could be used for growth without oversizing Regional infrastructure. • Representatives of the CSO/WWM Working Group developed administrative procedures and criteria to support this Program and to rank project submissions by local Municipalities in accordance with the guiding principles. Page 368 of 472 PDS 19-2021 April 14, 2021 Page 2 ______________________________________________________________________ • The Region supports this approach and has included funding annually in its budget. For 2021, an amount of $4,000,000 was budgeted in the Region’s Wastewater Operating Budget. • The total of eligible projects submitted by local Municipal partners for 2021 was $3,252,976. • Although the total requested amount is less than the approved program budget of $4,000,000 by $747,024 for 2021, the need to address wet weather issues in sanitary collection systems remains high. Financial Considerations A gross budget of $4,000,000 has been approved as part of the 2021 Wastewater Operating Budget for the CSO Control Cost Share program. Funding for this program is partially provided through the Development Charges (50%). The thirty-four (34) eligible projects considered for funding under the 2021 CSO Control Program totaled $3,252,976. As the total requested amount is less than the approved program budget of $4,000,000 by $747,024 for 2021, these existing funds will remain available for the remainder of 2021 in order to accommodate any unforeseen or not yet approved projects requested by LAM. If the funds are still unused by year-end, the 50% funded by DC revenues ($373,512) will remain unrecognized and the 50% funded through the water wastewater requisition ($373,512) will be recognized as surplus through the 2021 financial reporting process. Appendix 1 presents thirty-four (34) municipal projects being recommended for funding in full. Included in the recommended projects list is a $15,000 support contribution for the Guidelines to Undertaking Flow Monitoring in New Construction for the reduction of I/I. This project is directly aligned with the WWM strategic approach benefiting both, Region and LAM. In support of this work, each municipality signed a written consent agreeing that the contribution be taken from the CSO Control Funding Program. This agreement was confirmed again for 2021 by the Working Group. During mid-2021, Regional staff in collaboration with the local Municipal partners, will review the approved local budgets for the CSO related projects. This will insure that a consideration is given for a potential acceptance of the in-year applications should the increase in demand continue. In addition to the $4,000,000 approved in the 2021 Wastewater Operating Budget, there are currently $22,105,628 of previously approved and active CSO projects at December Page 369 of 472 PDS 19-2021 April 14, 2021 Page 3 ______________________________________________________________________ 31, 2020. Of that amount, $8,672,415 has been paid to Local Area Municipalities at December 31, 2020 for qualifying CSO projects. As a result, there are $13,433,213 in commitments to 11 municipalities for approved but unspent CSO projects at December 31, 2020 as shown in Appendix 4. Analysis Thirty-four (34) applications were received from ten (10) local Municipalities. Five (5) applications from Fort Erie, one (1) from Grimsby, two (2) from Lincoln, eight (8) from Niagara Falls, two (2) from NOTL, one (1) from Pelham, three (3) from Port Colborne, three (3) from St. Catharines, eight (8) from Welland and one (1) from West Lincoln. Regional staff reviewed and evaluated thirty-four (34) eligible projects and incorporated all of them into the final recommendation list presented in Appendix 1. The requested funding for all qualified projects totaled $3,252,976 including a $15,000 support contribution to Municipal I/I Collective research project, which was endorsed by all local Municipal partners. The total requested funding of $3,252,976 is $747,024 less than the 2021 approved budget of $4,000,000. Previously the CSO Control Working Group adjusted the funding options structure for the eligible CSO cost share projects during 2018 and 2019. This adjustment incorporated a weighted approach of a growth component into the evaluation matrix and a change of funding priorities for different types of work. Appendix 2 shows the Funding Options. Local Municipalities are encouraged to apply during 2021 for new eligible CSO projects as they are able to do so. Similar to other jurisdictions across Ontario, wet weather flows continue to negatively impact sanitary infrastructure resulting in potential basement flooding, overflows to the environment, and reduced capacity for future growth. The removal of wet weather flow and Inflow & Infiltration reduction is important work that needs on-going focus and support over the long term to be successful. Alternatives Reviewed No alternatives were reviewed at this time. Page 370 of 472 PDS 19-2021 April 14, 2021 Page 4 ______________________________________________________________________ Relationship to Council Strategic Priorities This report was brought forward by Regional Staff, supported by the CSO/WWM Working Group and by the Public Works Officials as the Responsible Growth and Infrastructure Planning priority in establishing objectives of Environmental Sustainability & Stewardship and Maintenance of Existing Infrastructure. Other Pertinent Reports • PW4.S06.0, September 2, 2014 – Combined Sewer Overflow (CSO) Control & Wet Weather Management Policy • PDS 12-2020, April 8, 2020 – Combined Sewer Overflow (CSO) Control and Wet Weather Management Program – 2020 Funding Recommendations”) ________________________________ Prepared by: Ilija Stetic, B.Sc., PMP, CET Project Manager Planning and Economic Development _______________________________ Recommended by: Doug Giles, MES, BUP Commissioner (Acting) Planning and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Phill Lambert, P. Eng., Director, Infrastructure Planning & Engineering, Lyndsey Ferrell, Program Financial Specialist, and reviewed by Dan Ane, Manager Program Financial Support. Appendices Appendix 1 Recommended 2021 CSO Control Program Funding Requests Appendix 2 Funding Options Appendix 3 CSO Control / WWM Policy Funding Conditions Page 371 of 472 PDS 19-2021 April 14, 2021 Page 5 ______________________________________________________________________ Appendix 4 Summary of CSO Project Remaining Budget Encumbrance by Municipality by 2020 Year-End Page 372 of 472 PDS 19-2021, April 14, 2021 Appendix 1 Regional Requested Recommended Share Funding Funding %$$ Grimsby Investigative Work in the Roberts Rd. and Lake St. SPS Catchments 50 43,393 43,393 Flow Monitoring Pre/Post - Targeted Areas 50 15,000 15,000 Sanitary CCTV - Targeted Areas 50 157,500 157,500 Thunder Bay Trenchless Sewer Rehabilitation (TBTR19)30 75,000 75,000 Trenchless Repairs - Targeted Area (TRSA21)30/60 1 162,000 162,000 Catherine SPS I/I Reduction 30 12,857 12,857 Glenbrook Dr Sewer Replacement (D & C)30/30/60 1 257,400 257,400 Beamsville, Vineland, Jordan: Sewer Rehab Project (D & C and post F/M)30/30/60 1 284,970 284,970 Corwin Area Sewer Separation Implementation Plan (Study)50 50,000 50,000 Dixon St Sewer Separation (Design)40 17,316 17,316 George St/ Fraser St Sewer Separation EA (Study)50 50,000 50,000 Hodgson Subdivision Sewer Separation Strategy (Study)50 50,000 50,000 Sanitary Sewer Rehabilitations Project Yr 2 30 300,000 300,000 South NF I&I Remedial Program Ph 2 60/30 1 135,000 135,000 St. Peter Ave Sewer Separation (Construction)40 122,400 122,400 Valley Way Area Sewer Separation (Study)50 50,000 50,000 Mississauga Beach Study 50 75,000 75,000 Dorchester North Repairs 30 45,000 45,000 Pelham Sanitary I&I Study Program- Planned Replacements and Rehab 30 30,000 30,000 Investigation of Innovative Stormwater Management Solutions-Omer Area 50/60 1 80,100 80,100 Investigation & Remediation - I&I Contributors Omer Area 50/60 1 108,000 108,000 Inflow and Infiltration Public Education Campaign 50 15,000 15,000 Greenmeadow / Wood St Sewer Separation (Design)50 142,000 142,000 Carlton/Ontario Catchment Investigation and CSO Reduction Study 50 75,000 75,000 Wastewater and Stormwater Model Development 50 90,000 90,000 Broadway Area I&I Reduction 50 75,000 75,000 Merritt St Sewer Separation 40/60 1 104,160 104,160 Commercial Ontario Area MSP Trunk Sewer 50/50/60 1 78,000 78,000 Lincoln Conventry I&I Reduction 50 75,000 75,000 Welland River Inflow & Check Valves 50/60 1 57,000 57,000 Dain City I&I Reduction 30/50/50 1 220,000 220,000 Parkdale Place Sewer Separation 40/60 1 41,680 41,680 Margaret Nye Gadsby Sewer Separation 40/60 1 84,200 84,200 West Lincoln I&I Study and Remedial Action Plan 30 60,000 60,000 100 15,000 15,000 3,252,976 3,252,976 Note 2: This collective project is for the reduction of I/I in new construction for the benefit of both, Region and Municipal partners. Welland Note 1: Funding % share is dependent on specific project component and related work. Projects combined different works resulting in different Regional share. See Appendix 3 for a specific project cost share split. Total Guideline to Undertaking Flow Monitoring in New Construction for I/I reduction 2 Appendix 1: Recommended 2021 CSO Control Program Funding Requests Niagara Falls St. Catharines Municipality Project Title Fort Erie Lincoln Niagara-on-the-Lake Port Colborne Page 1Page 373 of 472 Appendix 2: Funding Options PDS-19-2021, April 14 2021 Appendix 2 Page 1 CSO Control Program Funding Options Project Category No. Project Types 100% Funding Amount Priorities Region % Municipalit y % 1. Sewer Separation 40% Work Examples Disconnection of road drainage 40 60 Disconnection of private 60 40 Disconnection of road, previous disconnection of private or opposite 50 50 2. Studies 15% Work Examples PPCP as per the PPCP guide 50 50 I&I and extraneous flow investigation including cctv/smoke dye testing¹ 50 50 Mandatory flow monitoring - pre and post 60 40 Investigative work on municipal/private side 50 50 Public education/water conservation and efficiency measures 50 50 Sewer use by-law development/update and municipal policies 50 50 3. Source Control - Private Side 20% Disconnection of roof leaders to be done by homeowners/municipalities as a prerequisite for other works on the private side. Work Examples Disconnection of roof leaders 60 40 Disconnection of weeping tiles from sanitary including applicable works 60 40 Disconnection of private sump pumps 60 40 Backflow preventer installation on sanitary 40 60 4. Conveyance and Flow Control/Storage 15% Work Examples Real time control for detention 60 40 In-line flow controllers design and construction (e.g. weirs) 60 40 Off-line conveyance and pumping design and construction 60 40 In-line/ off-line storage 40 60 5. Repair/ Rehabilitation/ Replacement of Sewers 10% Estimated ≥50% flow reduction during WW events Work Examples Repair of sanitary/ manholes - gel sealing, spot repairs 30 70 Spot repair lining 30 70 Full length liner 30 70 Note 1: CCTV inspection - only site/project specific. Regular city wide inspections should be part of municipal O&M. Page 374 of 472 Appendix 2: Funding Options PDS-19-2021, April 14 2021 Appendix 2 Page 1 Page 375 of 472 Appendix 3: Terms and Conditions PDS 19-2021 April 14, 2021 Appendix 3 Page 2 CSO Control Program Terms and Funding Conditions The terms and conditions under which funding will be offered to the successful applications, include the following: 1 Amount of Funding, Studies - The Region shall contribute 50% of total study costs for the PPCP and I&I studies, and 60% for the Pre and Post Flow monitoring projects provided the Region participates on a committee overseeing the study and the study covers the entire area tributary to the Wastewater Treatment Plant(s) and includes both local and Regional infrastructure. 2 Amount of Funding, Design & Construction projects – The Region shall contribute defined percentage of the cost based on the Funding Options matrix, provided that; the facility or measure is supported by a recommendation from a current CSO study, life cycle cost comparisons of alternative solutions were undertaken and the Region agrees with the cost comparisons, the Region agrees with the ‘best overall solution’, and the Region participates on a committee overseeing the design. 3 Third Party Funding – The Region’s funding shall be net of any third party funding approved for the project. If third party funding is obtained after Regional funding approval, the amount of Regional funding will be adjusted to be net of any third party funding. Payment of the funding to the Area Municipality shall be based on actual expenditures incurred up to the maximum amount approved by Regional Council based on the budget submitted with the application. 4 Project Lead Studies – Lead by either the Area Municipality or the Region based on a mutual agreement prior to initiation of study. 5 Project Lead Design & Construction – A project located in the Area Municipal wastewater system shall be managed by the Area Municipality while a project in the Regional wastewater system shall be managed by the Region. On a case -by-case basis the Region may consider managing a project in the local system, if requested by the Area Municipality. 6 Ownership and Operation of Assets – The ownership and operation of all new and existing assets shall remain the responsibility of the current owner. The Area Municipality, on a case by case basis, may request the Region to operate and maintain an existing or new CSO control facility on behalf of the Area Municipality on a direct charge back basis. 7 Follow up Flow Monitoring – On a case-by-case basis, the Region may include a condition or approval of funding that requires follow up flow monitoring to assess project’s effectiveness. 8 Expiry of Funding – Funding of a project by the Region may expire if the local Area Municipality does not invoice the Region within three (3) years of the date of funding approval by Regional Council. Also, if an Area Municipality decides not to proceed with a project, the Region may revoke funding. The Region may also withdraw funding for future phases if a project does not proceed on a continuous basis toward completion. 9 Indemnity – The Region, or its directors, officers, employees, agents or consultants will not be held liable as a result of providing funding for any project. 10 Regional Recognition – The Area Municipality is to ensure that the Region is to be acknowledged in all advertising and publicity related to the project for which funding was provided. Page 376 of 472 Appendix 3: Terms and Conditions PDS 19-2021 April 14, 2021 Appendix 3 Page 2 11 Project Deliverables – The Region shall receive copies of all project deliverables, including, but not limited to, reports, flow monitoring data, hydraulic modelling files, GIS layers/data, and technical memorandums. 12 Funding Agreement - A letter formalizing the funding in accordance with the Region’s CSO Funding Policy will be issued to the Area Municipality for signature and used as the agreement to the terms and conditions of the funding. Page 377 of 472 PDS 19-2021, April 14, 2021 Appendix 4 Year Municipality Pre-2016 2016 2017 2018 2019 2020 Grand Total Fort Erie $ 8,729 $ 123,301 $ 308,990 $ 783,839 $ 138,500 $ 1,363,359 Grimsby 1,503,293 13,521 288,000 1,804,814 I/I Collective Research 5,720 15,000 20,720 Lincoln 13,521 2,100 312,182 389,400 717,203 Niagara Falls 112,728 11,074 320,207 101,663 410,929 1,185,613 2,142,214 Niagara-on-the-Lake 115,292 52,000 100,286 267,578 Pelham 5,173 50,000 15,000 70,173 Port Colborne 186,460 98,684 285,144 St. Catharines 803,618 1,018,842 128,082 314,001 1,243,200 364,500 3,872,243 Thorold 158,050 176,277 299,465 633,792 Welland 148,980 62,000 876,659 528,765 448,000 2,064,404 West Lincoln 13,521 178,048 191,569 Grand Total $ 2,740,571 $ 1,618,516 $ 549,074 $ 2,378,252 $ 3,428,852 $ 2,717,948 $ 13,433,213 Appendix 4: Summary of CSO Project Remaining Commitments by Municipality at 2020 Year-End Page 1Page 378 of 472 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 April 26, 2021 CL 8-2021, April 22, 2021 PEDC 4-2021, April 14, 2021 Report PDS 20-2021, April 14, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY 2020 Reserve Water and Wastewater Treatment Capacities Report PDS 20-2021 Regional Council, at its meeting held on April 22, 2021, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 20-2021, dated April 14, 2021, respecting 2020 Reserve Water and Wastewater Treatment Capacities, BE RECEIVED and BE CIRCULATED to the Ministry of the Environment, Conservation and Parks and Local Area Municipalities. A copy of Report PDS 20-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-068 Distribution List: Ministry of the Environment, Conservation and Parks Local Area Municipalities I. Stetic, Project Manager. Planning and Development Services D. Giles, Acting Commissioner, Planning and Development Services N.Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 379 of 472 PDS 20-2021 April 14, 2021 Page 1 Subject: 2020 Reserve Water and Wastewater Treatment Capacities Report to: Planning and Economic Development Committee Report date: Wednesday, April 14, 2021 Recommendations 1. That Report PDS 20-2021 BE RECEIVED for information; and 2. That Report PDS 20-2021 BE CIRCULATED to the Ministry of the Environment, Conservation and Parks and Local Area Municipalities. Key Facts • The purpose of this report is to inform Council of the reserve treatment capacities at Niagara's Water and Wastewater Treatment facilities. This reporting is required by the Ministry of Environment, Conservation and Parks (MECP). • The data contained in this report assists in commenting on new development proposals and related servicing as well as planning for future treatment capacity. • All of Niagara Water Treatment Plants (WTPs) and Wastewater Treatment Plants (WWTPs) are positioned to accept growth beyond the minimum 10 year horizon. Financial Considerations This report provides Council with historical and projected treatment capacity and flow data. There are no direct financial implications in receiving this report. The reserve treatment capacities at the water and wastewater (W&WW) facilities are considered in commenting on new development proposals and related servicing and, as a result, could result in a financial impact related to specific future applications. Analysis The Infrastructure Planning and Development Engineering section of Planning and Development Services Department annually reports on an assessment of the average daily W&WW flows based on the previous five years, as recorded at our various facilities compared to MECP rated capacities for the facilities. Included in the analysis are the 10-year growth projections in accordance with Niagara 2041 (How we Grow, Flow and Go). Page 380 of 472 PDS 20-2021 April 14, 2021 Page 2 ______________________________________________________________________ A key objective of this report is to highlight potential capacity constraints and allow sufficient lead time to plan for future capacity increases through the W&WW capital programs so that development may continue unencumbered. This is a ‘desktop’ exercise, which compares five-year (annual) average flows to the respective MECP Environmental Compliance Approval(s), formerly known as Certificate of Approval(s) for each facility, then incorporates 10-year growth forecasts into the calculation. Ongoing phasing and staging strategy works with our local municipal partners will further refine this assessment for understanding development capacity. This assessment does not reflect specific compliance, quality, sustainability, risk, or operational deficiencies at the treatment plants or trunk conveyance/transmission systems, which may affect the Region’s ability to approve new development or permit servicing extensions. For municipal wastewater treatment, weather is the key factor that results in peak wet weather flows, which impacts the collection and trunk sewers in both local and regional systems through “Rainfall Derived Inflow and Infiltration” (RDI&I). Even though, it is expected to record higher flows due to population growth, the annual average daily flows to the WWTPs are higher due to the wet weather flows entering the systems. Just for an example, Figure 1 illustrates a direct correlation of wastewater plant flows and yearly precipitation at Anger Avenue WWTP. Figure 1: Correlation of Wastewater Flows with Precipitation 14306 12755 12661 15000 14624 14037 939 853 768 1170 1018 913 0 200 400 600 800 1000 1200 1400 10000 12000 14000 16000 18000 20000 22000 24000 2014 2015 2016 2017 2018 2019 Yearly Precipitaiton (mm)Flow (m3/d)Year Anger Avenue WWTP Yearly Flow Flow Yearly Precipitation mm Page 381 of 472 PDS 20-2021 April 14, 2021 Page 3 ______________________________________________________________________ Wet weather flows can have substantial impact on available WWTP capacities and a direct impact on the limitations of available servicing capacity for future growth. Appendix 1 and 2 provide the annual average daily flows from 2016 to 2020 as well as the three-year and five-year averages for the water and wastewater treatment plants, respectively. Appendices 3 and 4 provide a summary of Niagara’s six water treatment facilities and eleven wastewater treatment facilities presenting their respective reserve capacities. It is worth noting that the greater growth rates in recent years in Niagara show a more consistent increase in flows over the last few years, which consequently can impact the way this ‘desktop’ exercise conducts the reserve capacity calculations. If the annual daily flows are averaged over longer period of time, it can potentially create a skewed sense of greater reserve capacity. Therefore, an analysis of the three-year and five- year annual average daily flows for reserve capacity was completed to better understand this potential impact. As shown on Figure 2 below, in general, the three-year average of Reserve Capacity for WWTP were slightly less than the five-year (expect for Queenston NOTL WWTP); however, this was not a significant difference. Figure 2: Reserve Capacity – Annual Flows Averaged over 3-Year and 5-Year Period 41 37 35 42 37 42 35 64 36 27 3642383842414439 58 40 31 37 0102030405060708090100 % Reserve CapacityWWTP WWTP -Reserve Capacity 3-Y vs 5 -Y Average Daily Flows 3 Y 5 Y Page 382 of 472 PDS 20-2021 April 14, 2021 Page 4 ______________________________________________________________________ Going forward, the annual average daily flows over the last 3-years and 5-years will be compared and analyzed to understand if a more significant difference in Reserve Capacity develops. At present, all of Niagara’s WTPs and WWTPs are positioned to accept growth beyond the minimum 10-year period (Appendix 3 and Appendix 4). Wet Weather Management In order to accommodate the anticipated growth from Niagara 2041, the 2016 W&WW Master Servicing Plan (MSP) investigated capacity upgrades (upgrades to trunk sewers, pumping station capacities, etc.), upstream management (storage, peak shaving, diversion), and peak flow management (flow reduction, Inflow & infiltration (I&I) reduction projects) for every wastewater system. Based on this review, there are wet weather projects listed with identified areas for targeted I&I removal to offset the requirement to upgrade and expand more expensive infrastructure all the way to the WWTPs. It is crucial to achieve the I&I reductions in order to offset the capacity needs from growth, to protect the environment, and mitigate potential basement flooding. The Region and Area Municipalities are continuing to work collaboratively to facilitate ongoing development throughout the region and provide the requisite servicing and capacity allocation in a responsible way to service the communities. In addition, the Region has been aiding Area Municipalities by funding the CSO Control program as a part of the overall Wet Weather Management Strategy to support various I&I related projects and programs on the municipal side. This program has been reducing the impacts of I&I and has been a benefit to both, the Region and the Area Municipalities. Staff is working with the Development Industry including Public Works Officials, Building Officials, Developers, Consultants and Contractors to raise awareness on the wet weather management issues and potential upcoming changes to address this. The Region is also represented at the Expert Stakeholder Committee (ESC) for the Guideline to Undertaking Flow Monitoring of New Construction and will work with all stakeholder to review the flow monitoring of new subdivisions as mandatory. Alternatives Reviewed No alternatives were reviewed for this report. Page 383 of 472 PDS 20-2021 April 14, 2021 Page 5 ______________________________________________________________________ Relationship to Council Strategic Priorities The report aligns with Council’s Priority of Responsible Growth and Infrastructure Planning by highlighting the reserve capacity available to growth at all Regional Water and Wastewater Treatment Facilities. The report also provides MECP and local municipal partners operational summary and reserve capacity projections for Region’s Water and Wastewater Treatment facilities Other Pertinent Reports • PDS 13-2020, April 8, 2020, 2019 Reserve Water and Wastewater Treatment Capacities • PW 22-2017, May 30, 2017, 2016 Water and Wastewater Master Servicing Plan Update ________________________________ Prepared by: Ilija Stetic, B.Sc., PMP Project Manager Planning and Economic Development _______________________________ Recommended by: Doug Giles, BES, MUP Acting Commissioner Planning and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Phill Lambert, Director Planning and Development Services, John Brunet, AD Water Operations and Staff Development and Jason Oatley, Manager WW Quality & Compliance. Appendices Appendix 1 Annual Average Daily Flow 2016 to 2020 WTP Appendix 2 Annual Average Daily Flow 2016 to 2020 WWTP Page 384 of 472 PDS 20-2021 April 14, 2021 Page 6 ______________________________________________________________________ Appendix 3 Water Reserve Capacity Calculations for 2020 Appendix 4 Wastewater Reserve Capacity Calculations for 2020 Page 385 of 472 PDS 20-2021 April 14, 2021 Appendix 1 Rated 3 to 5 Year Capacity 5 Year 3 Year % (m3/d)2016 - 2020 2018 - 2020 Change Decew Falls WTP 227,300 54,903 54,321 56,090 53,303 53,390 54,401 54,261 0% Grimsby WTP 44,000 15,699 14,020 14,866 14,029 15,726 14,868 14,874 0% Niagara Falls WTP 145,584 47,350 45,192 44,780 43,400 40,145 44,173 42,775 -3% Port Colborne WTP 36,000 7,719 8,735 8,864 7,282 6,870 7,894 7,672 -3% Rosehill WTP 50,026 13,148 12,388 12,862 11,188 11,024 12,122 11,691 -4% Welland WTP 65,000 21,858 21,590 22,538 22,579 24,670 22,647 23,262 3% Water Treatment Plant Appendix 1: WTP Annual Average Daily Flow 2016 - 2020 Average Daily Flow (m3/d) 2016 2017 2018 2019 2020 Page 1Page 386 of 472 PDS 20-2021 April 14, 2021 Appendix 2 Rated 3 to 5 Year Capacity 5 Year 3 Year % (m³/d)2016 - 2020 2018 - 2020 Change Anger Avenue WWTP 24,500 12,661 15,000 14,624 15,146 13,580 14,202 14,450 2% Baker Road WWTP 31,280 16,999 20,897 19,975 20,910 17,952 19,347 19,612 1% Crystal Beach WWTP 9,100 4,676 5,915 5,874 6,276 5,688 5,686 5,946 4% Niagara Falls WWTP 68,300 35,880 44,684 41,489 41,360 35,242 39,731 39,364 -1% NOTL WWTP (1)8,000 4,021 4,561 4,687 5,237 5,142 4,730 5,022 6% Port Dalhousie WWTP 61,350 29,616 34,823 35,095 36,681 34,113 34,065 35,296 3% Port Weller WWTP 56,180 29,650 32,090 36,881 39,211 33,751 34,317 36,614 6% Queenston WWTP 500 278 234 198 213 135 212 182 -16% Seaway WWTP 19,600 9,103 12,082 12,580 13,472 11,299 11,707 12,450 6% Stevensville/Douglastown Lagoon 2,289 1,314 1,635 1,670 1,729 1,592 1,588 1,664 5% Welland WWTP 54,550 29,728 35,407 34,643 37,137 33,617 34,107 35,133 3% Note 1: Effluent discharge from NOTL WWTP started directly on January 6, 2020 after previously used lagoon was gradually decommissioned by January 16, 2020. Appendix 2: WWTP Annual Average Daily Flow 2016 - 2020 Average Daily Flow (m3/d) 2016 2017 2018 2019 2020Wastewater Treatment Plant Page 1Page 387 of 472 PDS 20-2021 April 14, 2021 Appendix 3 DeCew Falls WTP 227.0 227.3 143.4 129.1 54.4 1.585 38%74.7 275 271,636 30,398 241,238 Grimsby WTP 44.0 44.0 26.5 23.9 14.9 1.658 56%9.0 275 32,727 14,771 17,956 Niagara Falls WTP 145.5 145.6 88.2 79.4 44.2 1.650 50%35.2 275 128,000 23,782 104,218 Port Colborne WTP 45.5 36.0 22.4 20.2 7.9 1.608 35%12.3 275 44,727 1,552 43,175 Rosehill WTP 78.0 50.0 31.8 28.6 12.1 1.573 38%16.5 275 60,000 6,375 53,625 Welland WTP 110.0 65.0 43.4 39.1 22.6 1.499 52%16.4 275 59,636 12,292 47,344 Note 3: Region's W&WW MSP (GM BluePlan, 2017) requires planning process for expansion when plant capacity exceeds 80%, and expansion should be completed when capacity exceeds 90%. Surplus Population 10-Year Projection 10-Year Forecast For Population (Res & Emp) Note 2: The peaking factors used are based on an average of actual flow rates of maximum day versus average day flows over the past three years at each facility. Note 1: Original MOE approved quantity of raw water permitted (Permit To Take Water). Reserve Serviceable Population Equivalents Total Capacity Used Peaking Factor (2) Reserve Treatment Capacity (90% base) MLD Design Flow Rate (275 Lcd) Appendix 3: WTP Reserve Capacities for 2020 Water Treatment Plant MLD Permit To Take Water (1) Rated Treatment Capacity Theoretical Average Day Capacity 90% of Average Day Capacity(3) 5-Year Average Day Flow Page 1Page 388 of 472 PDS 20-2021 April 14, 2021 Appendix 4 Anger Avenue (Fort Erie) WWTP 24,500 22,050 14,202 58%7,848 365 21,500 4,277 17,223 Baker Road (Grimsby) WWTP 31,280 28,152 19,347 62%8,805 365 24,125 16,791 7,334 Crystal Beach (Fort Erie) WWTP 9,100 8,190 5,686 62%2,504 365 6,861 1,443 5,418 Niagara Falls WWTP (3)68,300 61,470 39,731 58%21,739 365 59,559 19,980 39,579 NOTL WWTP (4)8,000 7,200 4,730 59%2,470 365 6,767 2,644 4,123 Port Dalhousie (St. Catharines) WWTP 61,350 55,215 34,065 56%21,150 365 57,944 15,005 42,939 Port Weller (St. Catharines) WWTP 56,180 50,562 34,317 61%16,245 365 44,508 10,052 34,456 Queenston (NOTL) WWTP (5)500 450 212 42%238 365 653 99 554 Seaway (Port Colborne) WWTP 19,600 17,640 11,707 60%5,933 365 16,254 1,622 14,632 Stevensville/Douglastown Lagoon 2,289 2,060 1,588 69%472 365 1,293 795 498 Welland WWTP 54,550 49,095 34,107 63%14,988 365 41,064 12,912 28,152 Note 1: Region's W&WW MSP (GM BluePlan, 2017) requires planning process for expansion when plant capacity exceeds 80%, and expansion should be completed when capacity exceeds 90%. Note 2: Design Flow Rate incorporated 90 L/c/d of extraneous flow allowance Note 5: The Queenston WWTP in Niagara-on-the-Lake has a unique capacity commitment of 226 m³/d for the following properties: Niagara Parks Commission (75 m³/d), Niagara Falls Bridge Commission (63 m³/d), Shalamar Campground (38 m³/d) and Ontario Power Generation (50 m³/d). Due to these commitments and limited UAB, limited residential growth is expected within the next 10 year period within the tributary area. Wastewater Treatment Plant MOE Plant Rated Capacity 90 % of Plant Capacity (1) 5-Year Average Daily Flow Total Capacity Used Reserve Treatment Capacity (90% base) (m³/d) Design Flow Rate(2) (365 Lcd) Reserve Serviceable Population Equivalents 10-Year Forecast For Population (Res & Emp) Surplus Population 10-Year Projection(m3/d) Note 4: Effluent discharge from NOTL WWTP started directly in January 2020 with previously used lagoon, decommissioned. Note 3: The Niagara Falls WWTP assessment includes the sewage flows from the St. David's area of Niagara-on-the-Lake. Appendix 4: WWTP Reserve Capacity for 2020 Page 1Page 389 of 472 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 April 26, 2021 CL 8-2021, April 22, 2021 CSC 4-2021, April 14, 2021 Report CSD 23-2021, April 14, 2021 Local Area Municipalities SENT ELECTRONICALLY 2021 Property Tax Policy, Ratios and Rates Report CSD 23-2021 Regional Council, at its meeting of April 22, 2021, approved the following recommendation of its Corporate Services Committee: That Report CSD 23-2021, dated April 14, 2021, respecting 2021 Property Tax Policy, Ratios and Rates, BE RECEIVED and the following recommendations BE APPROVED: 1. That Regional Council APPROVE the following tax ratios and sub-class reductions for the 2021 taxation year: Property Classification Tax Ratio Sub-Class Reduction Residential 1.000000 New Multi-Residential 1.000000 Multi-Residential 1.970000 Commercial 1.734900 Commercial – Excess Land 1.734900 22.5% Commercial – Vacant Land 1.734900 22.5% Industrial 2.630000 Industrial – Excess Land 2.630000 22.5% Industrial – Vacant Land 2.630000 22.5% Pipeline 1.702100 Farmland 0.250000 Managed Forest 0.250000 Farmland Awaiting Development 1 1.000000 25% Farmland Awaiting Development 2 Class Ratio Landfill Sites 2.940261 2. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration and BE CIRCULATED to the Councils of the Area Municipalities for information; and Page 390 of 472 2021 Property Tax Policy, Ratios and Rates April 26, 2021 Page 2 3. That Report CSD 23-2021 BE CIRCULATED to the Councils of the Area Municipalities for information. A copy of Report CSD 23-2021 and the associated by-laws are attached for your information. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-065 cc: R. Fleming, Senior Tax & Revenue Analyst H. Chamberlain, Director, Financial Management & Planning T. Harrison, Commissioner, Corporate Services K. Beach, Executive Assistant to the Commissioner, Corporate Services Page 391 of 472 CSD 23-2021 April 14, 2021 Page 1 Subject: 2021 Property Tax Policy, Ratios and Rates Report to: Corporate Services Committee Report date: Wednesday, April 14, 2021 Recommendations 1. That Regional Council APPROVE the following tax ratios and sub-class reductions for the 2021 taxation year: Property Classification Tax Ratio Sub-Class Reduction Residential 1.000000 New Multi-Residential 1.000000 Multi-Residential 1.970000 Commercial 1.734900 Commercial – Excess Land 1.734900 22.5% Commercial – Vacant Land 1.734900 22.5% Industrial 2.630000 Industrial – Excess Land 2.630000 22.5% Industrial – Vacant Land 2.630000 22.5% Pipeline 1.702100 Farmland 0.250000 Managed Forest 0.250000 Farmland Awaiting Development 1 1.000000 25% Farmland Awaiting Development 2 Class Ratio Landfill Sites 2.940261 2. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration and BE CIRCULATED to the Councils of the Area Municipalities for information; and 3. That Report CSD 23-2021 BE CIRCULATED to the Councils of the Area Municipalities for information. Key Facts • The purpose of this report is to set the tax policy for 2021 which includes tax ratios, rates and other policy considerations. Tax policy accounts for property assessment changes and affects the actual taxes paid by property owners or classes. Page 392 of 472 CSD 23-2021 April 14, 2021 Page 2 ______________________________________________________________________ • The recommended tax policy for 2021, supported by Regional staff and Area Treasurers, is to maintain the status quo tax ratio adopted for the 2020 taxation year and to continue the previous Council approved phase-out schedule of the commercial/industrial vacant/excess land subclass discounts from 30% to 22.5%. • In order for the Area Municipalities to complete final tax billings in June, Regional bylaws should be established no later than April. • The Region approved a 2021 levy increase of 1.80%. Area Municipal increases range from 0.32% to 2.64% for those that have approved budgets. • Under the proposed tax policy the residential class in aggregate will see a tax increase of 1.7% (see Table 1). • The Province for 2021 has also adopted a policy to standardize business education tax rates across the province resulting in education tax savings for Niagara commercial and industrial properties totaling $6.6M and $2.8M, respectively. • The proposed tax policy and approved Regional tax levy will result in an increase of approximately $27 to the typical residential property with a CVA of $278,764 in 2021 for an annual Regional property tax of $1,638. Financial Considerations There are no direct costs to the Region as a result of setting 2021 tax policy. There are however, taxpayer impacts as a result of tax shifts between property classes due to assessment growth and tax ratio/discount decisions. Detailed analysis of these impacts are included in the Tax Policy Study attached as Appendix 1 to Report CSD 23-2021. Regional staff engaged the Area Treasurers in the review of the tax study as completed by the Region’s external tax consultant as well as reviewed various options and scenarios for 2021. Based on the feedback provided, both Regional staff and Area Treasurers are recommending to maintain the status quo tax ratio for the 2021 taxation year including the commercial/industrial vacant/excess land subclass discount phase- out from 30% to 22.5%, which results in a reduction in residential taxes shifted to other classes of 0.11%, or $331,000. The follow are the key factors that support the recommendation, these are expanded on in the Analysis section of this report: • Preliminary assessment data for the next assessment cycle indicates that there will be a significant pressure on the residential tax base. It is estimated that there could Page 393 of 472 CSD 23-2021 April 14, 2021 Page 3 ______________________________________________________________________ be a shift onto the residential class of approximately 1.74% or $5 million before incorporating any impacts generated from future levy changes. • The BMA study demonstrates that all residential taxation categories are above the BMA study average and data provided by the Region’s Affordable Housing Strategy Steering Committee indicates that many of the households in core housing need currently reside in single detached homes (included in the residential tax class), • Education tax rates for commercial and industrial classes have been reduced for 2021, these reductions in education tax rates will generate savings for commercial and industrial properties totaling $6.6M and $2.8M, respectively. • The Region and local area municipalities offer many incentive programs including tax increment and development charge related grants that reduce the actual tax burden experienced by some property classes in Niagara including industrial. Staff did consider alternate scenarios, these are found in the Alternatives Reviewed section, but none of these were supported by Regional staff or the Area Treasurers. Analysis The Municipal Act provides the Region with the responsibility to establish tax policy to raise levy requirements. Reassessment impacts, assessment growth and provincial legislation can create tax shifts in burden across all property classes. These factors are outside the control of Niagara Regional Council and the budget process. The only opportunity to affect these is through a thorough analysis of options available for ratios and resulting impacts. Staff with the use of a third party consultant undertook an analysis of a number of options to arrive at the recommendations presented in this report. Analysis of Current State 1. Assessment Growth The overall real assessment growth that occurred in 2020 for the Region was 1.44% (as included in the approved 2021 tax supported operating budget), equivalent to $5.7 million in tax dollars from new taxpayers. Table 1 summarizes the overall assessment growth that occurred in 2020 (column (2)) as well as the impacts affecting each of the tax classes based on maintaining the status quo tax ratios with the adjustment to the vacant/excess land subclass discounts from 30% to 22.5% as per the Council approved phase-out schedule (column (3)). Note this phase-out schedule was approved by the Province and has been written into Provincial legislation Page 394 of 472 CSD 23-2021 April 14, 2021 Page 4 ______________________________________________________________________ Table 1 – 2021 Tax Levy Impacts by Property Class (Status Quo Policy) Property Class 2020 Approved Levy (1) Growth Impacts (2) Inter-Class Shift (3) 2021 Levy Impacts (4) 2021 Approved Levy (5) Avg. % Increase Residential $285,569,439 $5,456,643 $(331,315) $5,158,042 $295,852,809 1.7% New Multi-Res 1,006,093 40,202 (1,191) $18,544 $1,063,648 1.7% Multi-Residential 15,628,351 (2,151) (17,786) $276,958 $15,885,372 1.7% Farm 3,432,522 19,409 (3,917) $61,179 $3,509,193 1.7% Managed Forest 22,687 (189) (26) $399 $22,871 1.6% Commercial 70,887,201 (61,524) 194,016 $1,260,211 $72,279,904 2.1% Industrial 13,508,620 182,039 163,301 $245,835 $14,099,795 3.0% Pipelines 2,453,164 30,320 (2,827) $44,018 $2,524,675 1.7% Landfill 61,314 - (70) $1,087 $62,331 1.7% Total $392,569,391 $5,664,749 $185 $7,066,273 $405,300,598 1.8% % Increase 1.44% 0% 1.80% 3.25% * Represents a tax shift away from residential of 0.11% as a result of the decrease in vacant/excess land subclass discount from 30% to 22.5% as per Council approved phase-out schedule. 2. Re-Assessment Phase-In and Tax Shifts Reassessments of all properties is mandated by the Province every four years across Ontario to ensure that current value assessments (CVA) relied upon for property tax purposes are reflective of current market conditions. Increases in assessment based on 2016 values have been phased in over 2017-2020. As a result of COVID-19, the Province announced that they are delaying the proposed new assessment cycle that was to be effective for the taxation years of 2021-2024. The Province has not provided any guidance as to when the next assessment cycle will take place, therefore the destination values from 2020 taxation year will continue into 2021 resulting in no tax shift impacts caused by assessment phase-in changes. MPAC had released preliminary figures for the 2021 new assessment cycle and based on the preliminary analysis that was prepared during the 2020 tax policy review, Niagara was anticipated to experience significant residential assessment increases. The residential tax class in Niagara was anticipated to experience a 50% increase in average assessed values while all other non-residential classes would experience an approximate 20% assessment value increase. This increase for the residential tax class was approximately 20% higher than the MPAC average for the Regions of Peel and Page 395 of 472 CSD 23-2021 April 14, 2021 Page 5 ______________________________________________________________________ Halton, Cities of Hamilton and Brantford, and the Counties of Haldimand, Norfolk and Brant. Niagara’s anticipated residential assessments represent one of the highest increases across the Province. It is important to note that these values were preliminary and are subject to change until finalized by MPAC in advance of the next assessment cycle. More information on the residential assessment impacts can be found in Appendix 4 to Report CSD 23-2021. Staff previously completed an estimate of the impacts of the aforementioned new assessment cycle during the preparation of the 2020 tax policy report. It was estimated that there could be a shift onto (i.e., increase in) the residential tax class burden of approximately 1.74% or $5 million as a result of shifts from (i.e., decreases in) other tax class burdens primarily commercial and industrial. Shifts would also be experienced on an Area Municipality level but may vary as a result of different assessment trends that may occur on a more granular level. Based on the recommended tax policy for 2021 there is a decrease in the residential class’ proportionate share of taxes (0.11% or $331,000) as a result of reducing the subclass discount for commercial/industrial vacant/excess lands from 30% to 22.5% (see Table 1 Column 3). This will result in minor municipal shifts. These impacts have been summarized in Appendix 1 to Report CSD 23-2021, Table 6 and range from -0.09 (Pelham and W ainfleet) to 0.11% (Niagara Falls). A negative number represents a decrease in the relative total municipal burden while a positive number represents an increase. Table 2 shows the relative tax share of each tax class from 2020 to 2021. The 2021 amounts are based on the recommended tax policy. The table represents a starting point for any further ratio analysis. The residential increase noted previously of 1.70% (which is below the 2021 Regional levy increase of 1.80%) is as a result of the subclass discount reduction (See Appendix 1 to Report CSD 23-2021, Table 5). Page 396 of 472 CSD 23-2021 April 14, 2021 Page 6 ______________________________________________________________________ Table 2 – Multi-Year Tax Distribution by Tax Class Realty Tax Class (Taxable) 2020 Year End (As Revised) % Share 2021 Levy (As Returned) % Share Residential $291,026,081 73.08% $295,852,809 73.00% New Multi-Residential 1,046,295 0.26% 1,063,648 0.26% Multi-Residential 15,626,200 3.92% 15,885,372 3.92% Farm 3,451,930 0.87% 3,509,193 0.87% Managed Forest 22,498 0.01% 22,871 0.01% Commercial 70,825,677 17.78% 72,279,904 17.83% Industrial 13,690,659 3.44% 14,099,795 3.48% Pipeline 2,483,484 0.62% 2,524,675 0.62% Landfill 61,314 0.02% 62,331 0.02% Total Taxable $398,234,138 100% $405,300,598 100% 3. Education Rates The education tax rates are established by the Province to meet their revenue targets for the year. Typically the education tax rates decrease from one year to the next as the Provincial policy is to maintain revenue neutrality. In prior years, this Provincial policy has created savings in Niagara which generally assist in offsetting municipal increases. For 2021 however, the Province has maintained the education tax rates from 2020 for all classes except the commercial and industrial, which have been reduced. The Province has identified this as a priority as a result of the COVID-19 pandemic specifically indicating that this change will eliminate variations in business education taxes reducing tax inequalities and improve business competitiveness. Table 4 summaries select education tax rates including the changes to the commercial and industrial classes. In aggregate for Niagara, the reduction in business education tax rates will generate savings for commercial and industrial properties totaling $6.6M and $2.8M, respectively. Page 397 of 472 CSD 23-2021 April 14, 2021 Page 7 ______________________________________________________________________ Table 4 – Select Education Tax Rates for Niagara Region Realty Tax Class 2021 Education Rate 2020 Education Rate Change Residential 0.00153 0.00153 0.0000 Multi-Residential 0.00153 0.00153 0.0000 New Multi-Residential 0.00153 0.00153 0.0000 Commercial Occupied 0.0088 0.0098 -0.0010 Commercial Occupied - New 0.0088 0.0098 -0.0010 Industrial Occupied 0.0088 0.0125 -0.0037 Industrial Occupied - New 0.0088 0.0098 -0.0010 4. Waste Management Rates Waste management tax rates are also set based on the Regional tax ratios. The waste management requisition by municipality was approved through Report CSD 66-2020; however the by-law setting for the waste management rates for the 2021 requisitions are brought forward with the 2021 general tax levy by-law as the rates are based on each municipality’s assessment and are dependent on the tax ratios (with the exception of Niagara-on-the-Lake). Tax Policy Considerations The Region utilizes several BMA tax related performance metrics as seen in Appendix 3 to Report CSD 23-2021. These metrics were considered in the evaluation of tax policy options and discussed with Area Treasurers which helped inform the policy decisions proposed. • Residential taxpayer - The residential class is responsible for 73% of the overall tax levy. Under the recommended tax policy the tax shift away from the residential class will mitigate the overall levy increase on the class from 1.8% to 1.7% (see Table 1). In previous years, the Region utilized the tax shifts away from the residential class to provide relief to multi-residential and commercial tax classes through reduced tax ratios (see Appendix 2 to Report CSD 23-2021). As identified in the most recent BMA study, Niagara’s average residential property taxes (including water and wastewater) payable as a percentage of household income is above the BMA study average (2020 - Niagara 5.2% verses BMA average 4.8%). This gap between Niagara and the survey average has increased from prior years (2019 - Niagara 5.0% verses BMA average 4.9%). The tax shift caused by reducing the subclass Page 398 of 472 CSD 23-2021 April 14, 2021 Page 8 ______________________________________________________________________ discount for commercial/industrial vacant/excess lands from 30% to 22.5% will assist with narrowing the gap between Niagara and the BMA average. In addition to this, the Region’s Affordable Housing Strategy Steering Committee also provided information regarding the distribution of housing need in Niagara. The information demonstrated that the majority (approximately 85%) of households with modest incomes live in traditional residential buildings (i.e., residential tax class) as opposed to multi-residential structures. • Multi-Residential Tax Class – the multi-residential tax category consists of two property tax classes. The multi-residential class is responsible for 3.9% of the overall tax levy while the new-multi-residential category (which includes multi-residential structures constructed after 2003) is responsible for 0.3%. Under the recommended tax policy the multi-residential and new-multi-residential classes will see an increase of 1.7% over 2020 as a result of the 2021 levy increase and the anticipated tax shifts. In previous years, the Region utilized the tax shift away from the residential class to provide relief to multi-residential through reduced tax ratios from 2.0 to 1.97. Appendix 3 to Report CSD 23-2021, provides BMA metrics related to two multi- residential structure types (Walk-up and Mid/High-Rise). The walk-up style structure was identified as above the survey average by $209 and the high-rise structure types are below the average by $5 for 2020. • Industrial Tax Class – per Table 2, under the recommended tax policy, the Industrial property class will be responsible for 3.48% of Regional taxes which includes a tax shift away from the industrial class in 2021 of 0.11%. As a result of significant reassessment and appeal reductions in this property class in the recent past, the Industrial class share of taxation is down from 3.3% in 2016 to 3.0% in 2021 (when excluding the vacant/excess land subclasses). Despite this, the relative tax burden averages for standard industrial for the Region is higher than the BMA survey average as provided in Appendix 3 to Report CSD 23-2021. This however is partially offset by the many incentive programs currently offered by the Region including tax increment and development charge related grants that reduce the actual tax burden experienced by some industrial properties in Niagara. • Commercial Tax Class - properties pay the second largest share (after residential) of Regional taxes at 17.83%. Appendix 3 to Report CSD 23-2021 illustrates that Niagara taxation of office buildings is low and that shopping centres and motels are moderately above the BMA average while hotels are classified as high. It should be Page 399 of 472 CSD 23-2021 April 14, 2021 Page 9 ______________________________________________________________________ noted that a significant number of hotel appeals that were previously outstanding have been settled which will decrease the overall burden experienced by those properties. It is also important to note that the current assessment practice for hotels is the net rental income approach. A higher potential income per night from a higher concentration of hotels in Niagara Falls tourist areas helps explain the higher Niagara hotel taxes relative to neighbouring municipalities. For the 2018 taxation year Council approved a reduction in the commercial tax ratio from 1.7586 to 1.7349. The Region’s tax ratio for the commercial class approximates the BMA average of 1.6747. The current tax ratio has been in effect since 2018 when it was reduced from 1.7586. 2021 Property Tax Levy Impacts Table 4 shows the Regional tax increases for status quo tax ratios plus the commercial/industrial vacant/excess land subclass discount adjustment from 30% to 22.5%. Since there was no phase-in impacts for 2021, the levy increase on all classes under the proposed tax policy is 1.7%. Table 4 – Regional Tax Increases for Status Quo Tax Policy Taxation Class 2020 Avg. CVA 2020 Regional Taxes 2021 Avg. CVA 2021 Regional Taxes* $ Increase % Increase Residential 278,764 1,611 278,764 1,638 27 1.7% Multi-Res. 2,543,766 28,964 2,543,766 29,444 480 1.7% Commercial 814,152 8,164 814,152 8,299 135 1.7% Industrial 786,286 11,952 786,286 12,151 198 1.7% Farmland 400,452 579 400,452 588 10 1.7% * Based on draft rates utilizing the recommended 2021 tax policy. Alternatives Reviewed A number of scenarios were reviewed for the 2021 tax policy. All scenarios considered utilizing a portion of the tax shift away from the residential class to benefit other tax classes (i.e., commercial and multi-residential). Staff did not feel that these scenarios would achieve the desired outcomes for the reasons cited below. This coupled with the anticipated impacts of the future assessment cycle update on the residential tax class resulted in staff RECOMMENDING a status quo tax ratio option for 2021. Page 400 of 472 CSD 23-2021 April 14, 2021 Page 10 ______________________________________________________________________ Staff analyzed an alternative which utilized a portion of the tax shift away from the residential class (0.11% to 0.06%) to reduce the tax ratio of the commercial tax class from 1.7349 (status-quo) to 1.729135. This alternative was NOT RECOMMENDED as a result of the analysis discussed under the Tax Policy Considerations section of this report. Many of the Region’s existing and future incentives will focus on the employment sectors. The Region currently offers grants to these property types in the form of tax increment and development charge grants which effectively reduces the burden experienced by some of the existing property owners in the industrial tax class. Through report CSD 12-2021 - Optional Small Business Tax Subclass Overview, staff also reviewed the opportunities and challenges that exist with the implementation of new optional small business tax subclass. While the anticipated challenges with implementation were significant, staff committed to continue to monitor and report back to Council in advance of 2022 tax policy. Given the strong emphasis on affordable housing, staff also analyzed an alternative that utilized the full tax shift away from the residential class (0.11% to 0.00%) to reduce the tax ratio of the multi-residential tax class from 1.97 (status-quo) to 1.91275. While this alternative was explored it is NOT RECOMMENDED. Under the Residential Tenancy Act, tenants are entitled to an automatic rent reduction when landlord’s property taxes have been reduced by more than 2.49% from one year to the next. Based on current levy requirements for the Region and the anticipated levy requirements for the Area Municipalities coupled with the Province maintaining the education tax rate from 2020 for multi-residential properties for 2021, it is not anticipated that a significant number of properties (if any) would be eligible for the mandatory rent reduction as outlined in the Act. This means that there would be no legislated requirement for the landlords to pass any of the property tax savings as a result of a ratio reduction to the tenant. Further to this, Regional Council approved a multi-residential tax class ratio reduction for 2018 which also utilized the tax shift away from the residential class 2018. It is important to note, that the new-multi-residential tax class has a legislated tax ratio of 1 (same as residential tax class). The intent behind the new class as legislated in 2017 (adopted by Region in 2003) is to assist in rental affordability of newly constructed multi- residential properties. Any reduction to the multi-residential tax class would also increase the tax burden on the new-multi-residential tax class. Relationship to Council Strategic Priorities This tax policy report is aligned to Sustainable and Engaging Government. Page 401 of 472 CSD 23-2021 April 14, 2021 Page 11 ______________________________________________________________________ Other Pertinent Reports • CSD 3-2019 - Vacancy Program Revisions Submission to Ministry of Finance • CSD 12-2021 Optional Small Business Tax Subclass Overview ________________________________ Prepared by: Rob Fleming, MBA Senior Tax & Revenue Analyst 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, and reviewed by Helen Chamberlain, Director, Financial Management & Planning. Appendices Appendix 1 2021 Tax Policy Study Appendix 2 History of Regional Tax Ratios Appendix 3 Performance Measures Appendix 4 MPAC Preliminary Market Trends – 2021 Assessment Cycle Page 402 of 472 Page 403 of 472 Page 404 of 472 Page 405 of 472 Page 406 of 472 Page 407 of 472 Page 408 of 472 Page 409 of 472 Page 410 of 472 Page 411 of 472 Page 412 of 472 Page 413 of 472 Page 414 of 472 Page 415 of 472 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 April 28, 2021 CL 8-2021, April 22, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY Re: Motion – Support Local Journalism and News Media Regional Council, at its meeting held on April 22, 2021, passed the following motion: WHEREAS a healthy and strong local media is essential for the proper functioning of our democracy; WHEREAS the role of the fourth estate ensures that residents are well informed, and elected officials are held accountable for their actions and decisions; WHEREAS local sources of journalism have struggled financially in recent years due to a decline of traditional revenue sources; WHEREAS newspapers across Canada continue to have their content republished on online platforms (including social media) with little to no compensation, further disadvantaging local news media by exploiting their content; WHEREAS local newspapers across Canada have been forced to significantly downsize, reduce coverage, and in many cases, cease production all together; WHEREAS Niagara’s local radio stations have been forced to reduce their coverage of local news, replacing it with less relevant syndicated content; WHEREAS the importance of local news media has never been more important than during the COVID-19 crisis, as residents turn to trusted news sources for vital information and content; WHEREAS the decline of trusted, balanced local news media across Canada, staffed by ethical journalists with integrity, has created a vacuum that has been filled by disinformation and slanted coverage, often fueled by social media; Page 416 of 472 Motion – Support Local Journalism and News Media April 28, 2021 Page 2 WHEREAS nearly two out of every three Canadians support sending financial aid to struggling news providers, according to a Nanos Research poll of April 2020; and WHEREAS the federal government allocated nearly $600 million in aid for Canadian media over five years in its 2019 budget, including a 25-per-cent tax credit for newsroom salaries; a 15-per-cent tax credit for digital media subscribers; and charitable tax status for non-profit news outlets. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Regional Council FORMALLY RECOGNIZE that a healthy, professional news media is essential to the proper functioning of democracy in the region and encourage residents to support local sources of credible news; 2. That Niagara Regional Council ENDORSE legislation and regulations to support, rejuvenate and create a level playing field for news outlets across Canada; 3. That the Regional Chair BE DIRECTED to write a letter to the federal government urging them to move quickly to pass legislation to ensure an ecosystem for a healthy news media to serve all Canadians; and 4. That the Regional Clerk BE DIRECTED to forward this motion to the local area municipalities, local MPs and MPPs, the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2021-075 Distribution List: Local Area Municipalities Dean Allison, MP, Niagara West Vance Badawey, MP, Niagara Centre Tony Baldinelli, MP, Niagara Falls Chris Bittle, MP, St. Catharines Jeff Burch, MPP, Niagara Centre Wayne Gates, MPP, Niagara Falls Sam Oosterhoff, MPP, Niagara West Jennifer Stevens, MPP, St. Catharines Federation of Canadian Municipalities Association of Municipalities of Ontario Page 417 of 472 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 April 28, 2021 CL 8-2021, April 22, 2021 CSC 4-2021, April 14, 2021 CLK 3-2021, April 14, 2021 Mr. Bill Matson, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen St. Niagara Falls, ON L2E 6X5 SENT ELECTRONICALLY Double Direct Councillors CLK 3-2021 Regional Council, at its meeting held on April 22, 2021, passed the following recommendation of its Corporate Services Committee: That Report CLK 3-2021, dated April 14, 2021, respecting Double Duty Councillors BE RECEIVED for information. A copy of CLK 3-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2021-076 Page 418 of 472 CLK 3-2021 April 13, 2021 Page 1 Subject: Double Direct Councillors Report to: Corporate Services Committee Report date: Tuesday, April 13, 2021 Recommendations 1. That this report BE RECEIVED for information. Key Facts • The purpose of this report is to provide information respecting the City of Niagara Falls request regarding double direct councillors. • In October 2020, the Clerk’s Office was in receipt of correspondence requesting Regional Council adopt a resolution to allow the City of Niagara Falls to change its method of electing City and Regional Councillors. • At its meeting held on November 19, 2020, Regional Council passed a motion directing staff to provide a report on double direct councillors. • A double direct councillor is elected to serve on both the upper-tier council and lower-tier council. Financial Considerations Should Council wish to proceed with the City of Niagara Falls request, a public meeting would be required. In order to ensure understanding of the process and change to method of election for some members of the City of Niagara Falls Council, a public engagement campaign should be undertaken that includes advertising of the public meeting. In 2016, when Council considered the City of St. Catharines’ request for double direct councillors, the approximate costs for similar work were $3,300. This could be accommodated within the existing Regional Clerk’s Office budget. In other municipalities that have double direct councillors there are different approaches in how these positions are funded and the degree of administrative support they receive (i.e. if the Councillors are considered full time). Should double direct councillors for the City of Niagara Falls be allowed, any associated costs to implement this change would need further consideration. Page 419 of 472 CLK 3-2021 April 13, 2021 Page 2 ______________________________________________________________________ Analysis In October 2020, the Clerk’s Office was in receipt of correspondence (Appendix 1) from the City of Niagara Falls respecting the following resolution: That Council request that the Region of Niagara adopt a resolution to allow the City of Niagara Falls to change its method of electing City and Regional Councillors to the “Double-Direct Method,” where three members of Council will serve on both Regional and City Council, while five members of Council would serve only on City Council; and to inform the lower tier Council’s that have Regional Councillor representation of Niagara Falls’ City Council’s actions in hopes of encouraging other municipalities to consider the double-direct method where applicable. At its meeting held on November 19, 2020, Regional Council, received correspondence (CL-C 105-2020) from the City of Niagara Falls for information and subsequently directed staff to provide a report respecting double direct councillors. In January 2018, amendments to the Municipal Act, 2001, under Bill 68 came into effect. One of these amendments removed the requirement for a Minister’s regulation prior to passing a by-law to change the composition of the upper-tier council. A change in composition includes a change to the method of selecting members of the council. The upper-tier council now has the authority to change the method of selecting members of the Council; however, notice shall be given of the intention to pass such a by-law and at least one public meeting shall be held. Further, any change to the composition would only come into effect if the by-law achieves what is referred to as “triple majority”. A triple majority requires: 1. A majority of all votes by Regional Council are cast in favour of the by-law; 2. A majority of the councils of the lower-tier municipalities pass resolutions consenting to the by-law; and 3. The total number of electors of the lower-tier municipalities that have passed resolutions consenting to the by-law form a majority of electors in Niagara Region. Page 420 of 472 CLK 3-2021 April 13, 2021 Page 3 ______________________________________________________________________ Should Council approve the request from the City of Niagara Falls and have the change to allow double direct councillors in place for the 2022 election, the required by-law must be passed in 2021. Although any such by-law would not come into force until the new council is organized following the first regular election following the passing of the by- law, section 218(4) of the Municipal Act, 2001, provides that the regular election held immediately before the by-law comes into effect shall be conducted as if the by-law was already in force. A number of other Regional municipalities have double direct councillors, including Durham, Halton, Peel and York. In the Region of Halton, the Councillors are paid by both the lower-tier council as well as the upper-tier council. This structure is similar to what was proposed by Regional Council when it considered a double direct method of election for the City of St. Catharines in 2016. Alternatives Reviewed This report has been provided for information purposes only, as Council would need to consider if it wanted to move forward with passing a by-law to change its method of selecting members of Council. Relationship to Council Strategic Priorities This report aligns to Council’s strategic priority of sustainable and engaging government including promoting an organizational culture that values continuous improvement, collaboration, and innovation and enhancing communication. Other Pertinent Reports ________________________________ Prepared by: Ann-Marie Norio Regional Clerk _______________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Donna Gibbs, Director, Legal and Court Services. Appendices Appendix 1 CL-C 105-2020 Page 421 of 472 1 Heather Ruzylo To:Enzo De Divitiis Subject:RE: Niagara Pride Week - Pride Niagara Annual Pride Flag Raising From: Enzo De Divitiis <chair@prideniagara.com> Sent: Wednesday, April 14, 2021 2:42 PM To: Carey Campbell <ccampbell@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Sarah Conidi <sconidi@niagarafalls.ca> Subject: Niagara Pride Week - Pride Niagara Annual Pride Flag Raising Good afternoon, I Hope you are staying healthy, safe, and connected. While COVID-19 continues to impact everyday life, Pride Niagara’s work has not stopped. With Pride month quickly approaching we have been working on fun and innovative ways to deliver our programming while prioritizing everyone's safety. As we have for the past 11 years, we are reaching out to all the municipalities in Niagara to join us for our Annual Pride Flag raising Tuesday June 1st. We are asking each municipality to raise the flag (provided by Pride Niagara) with a Pride Niagara Board member alongside a city representative (Mayor or city council representative). Pride Niagara will be taking a quick 30 second video raising the flag with council representatives. We ask that the council representative say a few words of acknowledgement to our LGBTQ+ community, mentioned that they are celebrating pride for all our community and that they are a proud part of team Pride Niagara. Our plan is to air the video presentations consecutively throughout the day. Pride Niagara asks each municipality to have the flag raised for a minimum of Niagara Pride week, but ideally the month. June is internationally recognized and celebrated as Pride month. Once your participation is confirmed we can schedule time to coordinate with all municipalities that day. Pride Niagara would love to continue building the tradition with each municipality and sincerely hope we can work together. Stay safe and connected. Enzo -- Happy Pride! With advance gratitude Enzo De Divitiis Page 422 of 472 2 Chairperson 2020/2021 Pride Niagara Board of Directors chair@prideniagara.com ................................................. Pride Niagara Confidentiality Notice The information contained in this communication, including any attachments, may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure or copying of this communication or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Page 423 of 472 Ministry of the Attorney General 720 Bay Street 11th Floor Toronto ON M5G 2K1 Tel: 416-326-4000 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel: 416-585-7000 Ministère du Procureur général 720, rue Bay 11e étage Toronto ON M5G 2K1 Tél.: 416-326-4000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél.: 416-585-7000 CM99-0 Our Reference #: M-2021-6396 May 3, 2021 Dear Head of Council: We are writing to you today to highlight some of the recent liquor licensing measures our government has taken to provide additional tools to municipalities to modernize the regulation of alcohol consumption. As you know, our government has taken a series of actions to support Ontario’s vibrant hospitality sector before and during the COVID-19 pandemic, including the more than 17,000 local restaurants and bars that are essential to life in our communities. We will continue to work with Ontario businesses, workers and municipal partners to expand choice and convenience for consumers across the province. Our government understands the important role that municipalities play in the effective administration of the liquor licensing framework, and we will work to continue this collaborative approach to support your community and the local businesses and workers that are essential to its economic growth and well-being. On March 29, 2019, the Liquor Licence Act (LLA) was amended to authorize municipal governments to designate public areas within their jurisdiction, such as parks, for the public consumption of alcohol. Since that time, all municipalities in Ontario have had the flexibility to designate any area under their authority for the public consumption of alcohol, subject to any additional rules or conditions that the municipality considers appropriate (e.g. limitations on which day consumption could occur, times of day, etc.). In addition to this important modernization of the province’s regulatory framework for alcohol consumption, over the last 12 months our government has also delivered: • Regulatory amendments that provide the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) the authority to alter its policy regarding temporary extensions of licensed premises, facilitating the creation of new or extended outdoor licensed areas for licensed establishments, subject to municipal oversight; …/2 Page 424 of 472 -2- • Making an order under the Reopening Ontario Act, 2020 (O. Reg. 345/20) which created temporary exemptions to the Planning Act procedural requirements, allowing municipalities to quickly authorize by-laws to establish or expand bar and restaurant patios; • Implemented regulatory changes to permit tour boats that were not permitted to operate, due to public health measures, to utilize their liquor sales licence while docked (which was previously prohibited under the regulations), and, with approval from the municipality, create an outdoor or patio area on the dock for the safe sale and service of alcohol; • Provisions that permit liquor sales licensees to include alcohol as part of a takeout or delivery food order; • Various changes to the liquor delivery service program to expand the types of delivery services permitted and provide flexibility and increased choice for consumers; • Significant changes to the rules for liquor manufacturers, including the expansion of the farmers’ market program to include the sale of 100% Ontario and non-VQA wine, spirits and most recently eligible beer; and • New opportunities and flexibility for manufacturers in how they are permitted to retail their product at their manufacturing facility, and the offerings they are able to provide to tourists visiting those facilities. While not all changes to liquor licensing include municipal involvement, the steps being taken to modernize the liquor regulatory framework are intended to support local businesses within your communities. Our government continues to recognize the significant contributions that municipalities make to the liquor regulatory framework, and we look forward to your ongoing participation and collaboration in this regard. Should you have any questions regarding the information contained in this letter, please contact Joseph Hillier, Chief of Staff for the Attorney General, at joseph.hillier@ontario.ca. Sincerely, Doug Downey Steve Clark Attorney General Minister of Municipal Affairs and Housing c: The Honourable Doug Ford, Premier of Ontario The Honourable Lisa MacLeod, Minister of Heritage, Sport, Tourism and Culture Industries Association of Municipalities of Ontario Page 425 of 472 ___________________________________________________________________________________________ CLERKS DEPARTMENT April 28,2021 Mr. Sam Oosterhoff, MPP Room 328 Main Legislative Building Queen’s Park Toronto, ON M7A 1A8 Via email: sam.oosterhoff@pc.ola.org Dear Mr. Oosterhoff: Re: Request for Support to Amend the Beds of Navigable Waters Act At the Township of West Lincoln Council Meeting on April 26,2021 the following resolution was adopted requesting that the Province amend the beds of Navigable Waters Act. Resolution: That, Report No. PD-49-2021, relating to the “Recommendation Report, Request to Amend the Beds of Navigable Waters Act”, dated April 12th, 2021, BE RECEIVED; and, That, Council for the Township of West Lincoln hereby requests Sam Oosterhoff, MPP, on our behalf, and for the benefit of all lower and upper tier municipalities who may be affected by the Beds of Navigable Waters Act, to amend the Act such that the affected lower and upper tier municipality is also required to be served with notice when an application for natural severance is filed with the Courts; and, That, Township Legal Counsel be notified of this resolution and that the Mayor and staff be authorized to discuss this matter with MPP Oosterhoff, as required; and, That, support of all municipalities in Ontario be sought through AMO and with direct request for support from all local Niagara Region municipalities. 318 Canborough St. P.O. Box 400 Smithville, ON L0R 2A0 T: 905-957-3346 F: 905-957-3219 www.westlincoln.ca Page 426 of 472 For more information relating to this matter, please refer to Staff Report PD-049-2021 Recommendation Report-Request to Amend the Beds of Navigable Waters Act dated April 12th, 2021. Please accept this for your consideration and any necessary action and we will ensure all letters of support are sent to your office in a timely fashion. Sincerely, Joanne Scime, Clerk cc. Tom Richardson, Sullivan Mahoney Area Municipalities Page 427 of 472 Respecting Our Roots, Realizing Our Future DATE: April 12, 2021 REPORT NO: PD-49-2021 SUBJECT: Recommendation Report - Request to Amend the Beds of Navigable Waters Act CONTACT: Brian Treble, Director of Planning & Building REPORT PLANNING/BUILDING/ENVIRONMENTAL COMMITTEE OVERVIEW: The Township of West Lincoln has now had numerous experiences over the past several years where landowners have successfully used the Beds of Navigable Waters Act as a method of dividing their land by having the bed of an on-site watercourse declared as navigable. This means that the bed of the water feature is owned by the Crown and therefore separates the ownership of the land on either side. Recently, Township Council has had concerns with a decision that could have precedent setting ramifications. Regardless of the outcome of our report to reopen that case, a change to the Act is necessary. Further, staff can advise that we are now receiving several natural severance type inquiries per month. The biggest challenge, as staff understand it, is that under the Act, the applicant is only required to serve notice of an application to the Crown, which means the Ministry of Natural Resources and Forestry (MNRF), on behalf of the Crown. The Township receives no notice. Despite this, we did provide a letter to the MNRF in July of 2020 (see attachment 1) requesting that the Township be notified of applications. To date, no notices have been provided as a result of our letter of request. Staff and Legal Counsel are now asking for a resolution of support to petition the Province to change the Act such that notice will be required to be served on the local affected municipality. Such a request could be made through our local MPP, Mr. Oosterhoff, if he is willing to champion our cause. Township staff have had preliminary discussions with the MPP’s office staff about this potential request. Further, it is suggested that we request the support of other local municipalities through AMO and that we make a direct request for support to all Niagara Region municipalities, including the Region. Page 428 of 472 P a g e | 2 Respecting Our Roots, Realizing Our Future RECOMMENDATION: 1. That, Report No. PD-49-2021, relating to the “Recommendation Report, Request to Amend the Beds of Navigable Waters Act ”, dated April 12th, 2021, BE RECEIVED; and, 2. That, Council for the Township of West Lincoln hereby requests Sam Oosterhoff, MPP, on our behalf, and for the benefit of all lower and upper tier municipalities who may be affected by the Beds of Navigable Waters Act, to amend the Act such that the affected lower and upper tier municipality is also required to be served with notice when an application for natural severance is filed with the Courts; and, 3. That, Township Legal Counsel be notified of this resolution and that the Mayor and staff be authorized to discuss this matter with MPP Oosterhoff, as required; and, 4. That, support of all municipalities in Ontario be sought through AMO and with direct request for support from all local Niagara Region municipalities. ALIGNMENT TO STRATEGIC PLAN: Theme #3 and 6 Strategic, Responsible Growth Efficient, Fiscally Responsible Operations BACKGROUND: On numerous occasions over the past 20 years, property owners have applied to use this legislation as a legal remedy to create natural severances on their property. The Beds of Navigable Waters Act allows the owner to take an application to the Court on notice to the proper party, the Minster of Natural Resources and Forestry, to have the waterway which passes through their property declared to be a navigable waterway. Criteria have been established that such an application must meet. The MNR is served with Notice to which they often appear to simply consent to the application. West Lincoln is not entitled to notice. For example, a recent decision was made on June 27th, 2019 declaring Moore’s Creek to be a navigable waterway and further declaring that the said creek, as it passes through the applicant’s lands, is still vested in Her Majesty the Queen in Right of Ontario. New parcels have been created and assigned property identification numbers (PINS). That decision may be considered to be final. There is certainly no appeal mechanism. The Court is the final decision making authority. The language above has been modified from a document recently served to the Court in a hearing relating to a natural severance application. It is black and white, if their statements are correct. The Township has made a request to the Court to consider setting the original decision aside. No decision has been rendered on our request, as of the writing of this report. CURRENT SITUATION: In Ontario, there are at least two means by which to create a severance. Under the Planning Act, severances are created through applications for a consent under Section Page 429 of 472 P a g e | 3 Respecting Our Roots, Realizing Our Future 53 of the Planning Act or plans of subdivision/condominium under Section 51 of the Planning Act. The Planning Act processes are largely administered by municipalities. However, the Beds of Navigable Waters Act sets up a separate and discrete mechanism to achieve a severance, sometimes called a natural severance, by obtaining a declaration that a waterway is a navigable waterway. The Planning Act has no priority over the Beds of Navigable Waters Act. The Beds of Navigable Waters Act has a long history. Applications are commenced and brought by serving her Majesty the Queen in Right of Ontario as represented by the Minster of Natural Resources and Forestry. There is no requirement to serve any municipality. Any application must prove navigability of the subject body of water at the time of the Crown patent, to present day. In Middlesex Centre V. MacMillan, the Court of Appeal noted the following: “ [9] The application judge held, at para. 49, that the respondents’ motive for advancing its claim was irrelevant to her determination of whether the Creek was a navigable stream. I agree. Navigability is essentially a factual question based upon an assessment of the capabilities of the waterway at the time of the Crown grant. The answer to that question cannot turn on the motive of the party advancing or resisting the navigability claim over 100 years after the Crown grant. The Creek is or is not a navigable waterway. If Section 1 of the Act is having an unforeseen and unacceptable impact on effective land management in the Province, the Legislature can amend the Act. I observe that this is hardly the first case in which s.1 has been relied on to achieve severance of a lot: see e.g. Coleman v. Ontario (Attorney General) (1983), 1983 CanLII 3055 (ON SC), 143 D.L.R. (3d) 608 (Ont. H.C.), at p. 611; O’Donnell v Ontario (Attorney General), 2013 ONSC 590, at para. 3. To date, there has been no legislative reaction. Middlesex Centre (Municipality v. MacMillan, 2016 ONCA 475 (CanLII) at para. 9.” Township staff and Legal Counsel do acknowledge that the facts determine navigability. However, a local municipality has as much knowledge of the watercourse, both current and historical, as the Ministry does. Until recently, natural severances appeared on Mill Creek and North Creek along with Twenty Mile Creek and the Welland River within the Township of West Lincoln. The most recent decision affecting Moore’s Creek is a new level of tributary approval. The ownership of the river bed is a decision that must be made based on facts and not based on a planning interest relating to the ability of creating a natural severance under the Beds of Navigable Waters Act and that concerns about interference of a municipality with its authority under the Planning Act is not one of the tests. The Beds of Navigable Waters Act makes it clear that a severance can be achieved through the application of the provisions of the Act. The Municipality has no priority status by virtue of its administration of provisions under the Pla nning Act. Lawyers have argued that our interest is in stark contrast to the examples in other Court precedents. Page 430 of 472 P a g e | 4 Respecting Our Roots, Realizing Our Future Having said this, it is staffs opinion that the municipality does have an interest if the wrong decision is being made “on consent” by the Cou rts. Another statement found in a recent case states: “It is further submitted that the Act does not require service of an application upon the Municipality. It is further submitted that the authority to review, comment upon, oppose or consent to applications under the Act lies with the Ministry of Natural Resources and Forestry. While the Municipality may take exception to the fact that a Municipality is not required to be served or be given notice of such applications, none is required. Respectfully, the Municipality is attempting to create rights, notice requirements or service requirements where none exist and second guess the review function of the MNRF.” Staff suggest, regardless of what outcome may result from a recent request to have a decision set aside, as initiated by Township Council, that a request be made to our local MPP to seek approval to amend the Act to require that notice also be served on the local municipality when an application is made under the Beds of Navigable Waters Act. FINANCIAL IMPLICATIONS: Not applicable to this report. INTER-DEPARTMENTAL COMMENTS: Township Legal Counsel, CAO and Planning staff have all reviewed and discussed this report and the recommended approach. CONCLUSION: Staff recommend that local MPP, Sam Oosterhoff, be asked to support our cause and to present an amendment to the Beds of Navigable Water Act in Queens Park, to ensure that notice is also served on the affected local lower and upper tier municipality. Further, it is recommended that support of all Ontario municipalities be requested through AMO. ATTACHMENTS: 1. Previous letter to Ministry of Natural Resources and Forestry – July 2020 Prepared & Submitted by: Approved by: _______________________________ _____________________________ Brian Treble Bev Hendry Director of Planning & Building CAO Page 431 of 472 . mcgmnnmm_mmO_mc:n:mmt:_o__nm:mmmm3m30:_u:mm_:m.oSO:S:o.m€13._uo<<m«_u_m3m _§3_0:310Qmm:>:>_=...:nmAnoznm?n_mm:m_$___m:nm.o«v mms?3&2._<_m<NBB38ES ._.9:3U_on_m:A.&oam:ammBmm__m.nmv m=_2.2n_mmO_m:3n:mm.255mzmmmmams?o:u:mm_:m.oc..o:S1o‘mmmm?qmmuo<<m_._o_m:$ Am:05.m:m6<u_m::m_.mEm.<0:mcvvoznzmminzo.3mmmm..vo__owzmqm oc.emuEma» 024220 ?g,_._=mm_=m9:2...53 m3=2§_._.1__.e$. _mmo_m::o:mmu:_u=omscmmmamsno: u:mm_:u.o_:O:.m1o.mmmm?nma_oo<<m_.Emim Oim:o_m_:o_m_om:qm2m_mo3o:<m<m83Ovm$8«_mmo_w_m::o:_:m:28 m:mmamiSommmo...:920:810om:«macawzmowmmssocmmomwUo__::o: _u<nsmmic9:_ammm-.._6q_oo<<m«_o_m2m.._.:_m.m<o:_.n_..m:om8.5:=5 _mmo=5»55:22.8urmmmop:mmm3.88no.55o:_.n__3m.omann_¢m« 0.:m=. 0:810Emmm<<o_,_a_mwam1:u:mm_:a9.:E3oom_uoémr2923:3o3:m 295_mBaum888:Eamag3m<moo:ummmcm.<<::_.:1m&o:o:m:03:6 caagm88m8:8Em3§mo3m_Emmom.2N96om_&o:uoémam<m83m~ 0:8105:.so.34_$_.__:_2=mmoxm2::2m2»:8:mm303mum.:0. _¢wm.8$u_mom_oo<<m«203mm_:@:co_mmq«$088.<<mm_3u_<8:;9.33.8 _ommmE2ox_3m8_<See22.5o=3m8_oo__::o:qmaconosmEmmo:_m<mQc< usmmsco5oom_2EmEma83&8.o__3m8Eomqmmw.Page 432 of 472 O3?ww.mo.wmanna:.0m?nxa?maQ?m E55.$0555053.UOO..\ommup _,.a.n:umnewnnmnnum-noImu?mnon. .25»no-.W?m¢OGO" .25_mmoWmmzooimmimm___3m6m$n_oanmsm8nm:_o__om:m3.3m:mmmm3m3 56:9:u:c__o<<mE:m=mmansigmaamgumox. <<m_So<<Em”<mm$aimqmm?m5803320_uo<<m?Qmsmaaos.mzgaamOmw m_.a_._.O_m:m6<IEmo<<:m_.35m._.B:mOm:mo_mv__om__:mEm:czsmm3&3 mmm:03<<mm.63Omzmgm80:610I<5:cm:03ovvomiomommEma n:mmm-oSa<88.moEm_3vo:m25m»3m_mwosmma:03<0:Imoaozo: o__3m»m8:4Em:o_.cmmmozmomq83m:.:m_:oo?oqmzmRoam. 40qm?mo<mq8o?mammzozm:m<mmzaoqmmao:_.om:31Em_o:mwm-oEo? O_.:m:o_mmmm-3mgco<<m_._o_m:..m3B8._:manic?83:38.m_Emm:m<m mmmmq8mo_::o:mom___:o.61Emc:mmm-oS29:mumc_m3m. 5:5,.<0:om:no Io_ucm.82._.:__&:m3o=.m:E3+0..m88mumEms.v:mmm-o:.u< mo:n=:nwBmmmmmmno:5_mmo19::92.9.0..=m_.mnommaa9:.3:3. _u_mmwmvmmw3_mBmmmmewon8<9:39%. 15%«BE >:mm_mw_mo:%__u__.mo8.Page 433 of 472 2::mmwouox 30$O_._S:oo_$=2?» K._.<<mm. 420:3_<_m<mmmIas,_o_5mruuoo 0:3209mm:2.1>_=m:nm_mn_ma_om.wn_.8:m:m=_o:_:e0:3108m303 $:m<<mw_mm:m6<E85 Pimazomm _ Czmccmozwm Page 434 of 472 1 People Needing Assistance From Niagara’s Major Food Banks is Unprecedented (May 6, 2021 – NIAGARA ON) Fourteen months into the pandemic, Niagara’s major food banks and social service agencies are rallying together to raise concerns about the unprecedented growing need for assistance throughout the region and the need for governments to work with service providers to act upon sustainable interventions and solutions to reduce increasing conditions of poverty across all municipalities. These Niagara social sector and food security leaders are calling upon all government leaders to work with them to ease the burden of providing day-to-day basic life supports and to find longer range transformative and impactful solutions to relieving the growing poverty burden. The group of sector leaders are convening briefings with all levels of government to ensure that local officials are fully aware of the situation. “Even with the income supports provided by government since COVID-19 hit, all of Niagara’s registered food banks are experiencing significant increases in the number of people we are assisting compared to a year ago. The high cost of housing along with low supply of affordable and safe rental units, coupled with the impact of the pandemic on service sector jobs is driving the surge,” explains Christine Clark Lafleur, Executive Director, Port Cares which runs the Reach Out Centre Food Bank in Port Colborne. Betty- Lou Souter, Chief Executive Officer of Community Care, St. Catharines & Thorold shares that her agency is tracking an increase of approximately 37 per cent in those receiving food security over the last 14 months and the numbers continue to grow. “As well, there has been a 20 per cent increase in the number of client interactions at Community Care through our Housing Help Program. The lack of affordable housing compounds the issue and many are becoming desperate and have given up hope. The mental health issues are intensified which puts added stress on everyone. Everyone should have the ability to live with dignity and purpose.” In Welland, Jon Braithwaite, Chief Executive Officer of The Hope Centre is dealing with the same troubling trends. Jon explains that “As with most economic downturns, we expect the most vulnerable of our community will be the last demographic to recover. We are seeing significant increases in those who are in need of emergency food, including a 70 per cent increase in visits this April over April 2020. Most alarming is that we have had an increase of over 170 per cent in families with children turning to The Hope Centre for emergency food. Having to choose between having a roof over your head or putting food on the table isn’t a choice that any family in Niagara should have to make.” In Niagara Falls where the tourism and service sector has been particularly hard hit, the increase in need is staggering. “Project SHARE has seen a significant increase in new clients accessing our emergency services during this pandemic. Since our fiscal year began on June 1, 2020, we’ve seen 587 new families come to us for help for the very first time. It’s no secret our local economy has been hit hard, and with the large hospitality industry we have in Niagara Falls many families are still out of work and struggling to meet their basic needs. We’ve seen some of our Page 435 of 472 2 donors become clients, and unfortunately we anticipate this trend will continue for the foreseeable future,” says Pam Sharp, Executive Director, Project SHARE. Carole Fuhrer, Executive Director of Community Care West Niagara (CCWN) explains that “CCWN exists to provide essential services and support to families and individuals in Lincoln facing economic hardship. Over the past 14 months we have realized a 23 per cent increase in residents seeking assistance with food security, housing assistance and support navigating the various programs and services that might ease their considerable burden.” Carole adds, “In working with Lincoln residents as they strive to restore balance and self-sufficiency, we have observed that almost 25 per cent have openly shared they never thought they would need to seek our services. The effects of the pandemic are measurable – and our sector is keenly aware that conditions will continue to deteriorate and we will be serving even more people in the months to come.” Members of the public who are looking to help these organizations are encouraged to do so if they can. All locations are taking non-perishable food and monetary donations at this time, as they continue to meet the needs of thousands in their communities. ABOUT PORT CARES & THE REACH OUT CENTRE www.portcares.ca • Since 1986, Port Cares has provided social services for people, young and old, not only in Port Colborne, but also across Niagara including Lincoln, West Lincoln, Welland, Pelham and Fort Erie. Port Cares provides services for housing, employment, skills training, a foodbank, EarlyON Child and Family Centres, a meal program, utility assistance, counselling and crisis services- as well as seasonal programs like Coats for Kids, Give a Gift and more. • Port Cares Reach Out Centre Food bank (ROFC) assists more than 1,700 individuals. More than a third of the people reliant on the ROFC Food Bank are children. Hot, nutritious community meals are also provided with 60 to 90 typically attend each meal in warm weather months and 100 clients attending at mealtime in colder weather. Currently there are more than 700 low-income local residents registered to receive the Meal Program which is up from 387 in March 2020 when the pandemic commenced. ABOUT COMMUNITY CARE ST CATHARINES www.communitycarestca.ca • Community Care, St. Catharines & Thorold is extremely proud of its legacy of uninterrupted service delivery for over 100 years. The agency continues to support its client base through their 20 integrated programs and supports to work through the challenges they have been facing throughout the pandemic. • The current climate of uncertainty exacerbates the needs of today and many find themselves reaching out to make ends meet for the first time. We acknowledge that a collective voice is always stronger than a solitary one and working together to implement change is incumbent upon us as community leaders. We support this initiative to bring awareness to this issue and seek long term solutions on behalf of those throughout Niagara who have lost their ability to be independent and self-sufficient. ABOUT THE HOPE CENTRE www.thehopecentre.net • The Hope Centre was formed in 1974 (originally known as Welland Community Resource and Action Centre – WCRAC) by a group of concerned citizens and organizations who recognized that there were a number of people falling through the cracks of the social welfare system. • The Hope Centre’s mission is to assist the most vulnerable citizens in Welland and the surrounding area by providing food and housing stability and to empower change increasing future resilience to poverty and increasing their capacity to be self-sustaining through counseling and training. Page 436 of 472 3 • For over forty years, The Hope Centre has helped to build and to strengthen Welland and the surrounding area by providing residents access to our Community Lunch Program, Food Bank, Housing Stability programs and many other services. ABOUT PROJECT SHARE www.projectshare.ca • For more than 30 years, Project SHARE has been providing essential support services that improve the lives of Niagara Falls individuals and families in need. • As a non-profit, charitable organization, Project SHARE provides emergency food and support services to residents of Niagara Falls who are living below the poverty line. Each year, our emergency food program distributes over 840,000 pounds of food to more than 3,770 households. • To end the struggle against poverty and empower those in need, Project SHARE offers 16 additional programs and services including housing and utility support, health and hygiene, community gardens, learning opportunities and special programs that support over 3,800 families at Christmas and 300 children with back-to-school supplies including sneakers, backpacks and healthy snacks. The acronym SHARE was established to represent support, housing, awareness, resources and emergency. ABOUT COMMUNITY CARE WEST NIAGARA www.communitycarewn.ca • Community Care of West Niagara (CCWN) has been involved in the local poverty conversation for many years. CCWN is a registered charitable non-profit organization that has served Lincoln (Jordan, Vineland, Rockway, Campden and Beamsville) and surrounding area since 1967. CCWN provides safe, low barrier service to people from all walks of life who've experienced financial difficulties due to job loss, illness, or other hardships. • Local residents are spending an exceptionally high proportion of their income on housing, and for many the cost of healthy eating is becoming increasingly out of reach. -30- Photos are available upon request. Media contacts: Christine Clark Lafleur, Executive Director, Port Cares 9058343629 ext. 248 Christine.clarklafleur@portcares.ca Jon Braithwaite, CEO, The Hope Centre 905-788-0744 ext. 229 jbraithwaite@thehopecentre.net Betty Lou Betty-Lou Souter, CEO, Community Care, St. Catharines & Thorold 905 685 1349 ext. 231 bettylou@communitycarestca.ca Pam Sharp, Executive Director, Project Share 905-357-5121 ext. 222 pam.s@projectshare.ca Carole Fuhrer Executive Director, Community Care of West Niagara 905-563-5822 ext. 228 carole@communitycarewn.ca Page 437 of 472 1 Heather Ruzylo Subject:2021 Provincial Day of Action on Litter - Partner Guide From: "Minister, MECP (MECP)" <Minister.MECP@ontario.ca> Date: May 10, 2021 at 9:38:24 AM EDT To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: 2021 Provincial Day of Action on Litter - Partner Guide Good morning, We are following up to our earlier email regarding the 2021 Provincial Day of Action on Litter occurring on May 11, 2021, with our Partner Guide. We are excited to share with you the web-based Partner Guide, which includes key messages, social content and supplementary graphics and video assets to support your own social media posts and promotion for the Day of Action on Litter. We have also updated our webpage for the 2021 Day of Action on Litter. In light of the Stay-at-Home order and the province’s efforts to stop the spread of COVID-19, this year the Provincial Day of Action on Litter will focus on raising awareness of the impacts of waste in the environment, and what actions every Ontarian can do to prevent, reduce and divert waste, right at home. The ministry will not be promoting cleanups for May 11, 2021 out of an abundance of caution. We hope that your municipality will support this effort by creating your own social media posts (including photos, videos, etc.) using the #actONlitter hashtag to profile what your city or town is doing to prevent, reduce or divert waste in your communities, and what local residents can do to get involved. The ministry’s digital campaign leading up to the Day of Action will also launch on May 11, 2021 - please keep an eye out for sharable social posts on the ministry’s social media accounts and follow the #actONlitter hashtag! If you have any questions, please reach out to actONlitter@ontario.ca. Thank you for your ongoing support in working together to protect our environment, address climate change, and keep our province clean. Jeff Yurek Minister of the Environment, Conservation and Parks Andrea Khanjin Parliamentary Assistant to the Minister of the Environment, Conservation and Parks Page 438 of 472 The City of Niagara Falls, Ontario Resolution May 11th, 2021 No. 6 Moved by: Seconded by: WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor variance applications which means minor variance applications are not permitted for two years following an applicant-initiated site specific rezoning of a property; and WHEREAS the intent of the 2-year waiting period is to provide greater control to municipalities, prevent zoning provisions that Council determines to be appropriate from being reversed or altered through the minor variance process for 2 years, and to increase stability by affording municipalities the ability to implement site specific zoning by-laws; and WHEREAS notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit privately-initiated applications for minor variances by passing a resolution; and WHEREAS Pivotal Fine Homes Ltd. requested Council to consider passing a resolution that would permit them to file an application to the City’s Committee of Adjustment in regards to applicant-initiated site specific By-law No. 2019-122 that was passed by Council in June 2020; and WHEREAS Council determined that a minor variance that would permit Pivotal Fine Homes Ltd. to vary the minimum privacy yard from 7.5 metres to 6.3 metres for 2 units in Building 3, and 7.0 metres for two units in Building 1 , does not undermine Council’s original intention when it passed By-law No. 2019-122. THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2 -year waiting period for minor variances and thereby allows Pivotal Fine Homes Ltd. to file an application to the City’s Committee of Adjustment for the development of the their Plan of Vacant Land Condominium that is regulated by By-law No. 2019-122. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2019\AM-2019-012\Exemption Request\Resolution AM-2019-012.docx Page 439 of 472 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2021. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by-law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential/farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2021 taxation year have been set out in By-law 2021-25 of the Regional Municipality of Niagara, dated 22nd day of April 2021; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara for the 2021 taxation year have been set out in By-law 2021-26 of the Regional Municipality of Niagara, dated 22nd day of April 2021; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted estimates of all sums required to be raised by it during the year 2021; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2021 are to be levied for the various purposes hereinafter set forth are as follows: Page 440 of 472 Assessment Category Assessment Amount General Assessment Amount Urban Service Area RESIDENTIAL/FARM 9,031,444,248 8,488,148,848 MULTI-RESIDENTIAL 324,378,589 322,516,489 NEW MULTI-RESIDENTIAL 14,798,500 14,798,500 COMMERCIAL Taxable General 11,915,000 11,915,000 Taxable Full 1,927,820,749 1,867,897,949 Excess Land 25,884,400 23,877,900 Vacant Land 145,047,100 143,073,700 New Construction 197,722,560 192,121,060 New Construction – Excess Land 7,307,340 6,375,740 Office Building 10,890,900 10,890,900 Shopping Centre 149,679,442 149,679,442 Excess Land 5,571,427 5,571,427 Parking Lot 88,374,200 87,620,200 LANDFILL Taxable Full 3,152,500 0 INDUSTRIAL Taxable Full 85,516,436 80,657,736 Excess Land 5,438,657 5,167,257 Vacant Land 35,614,600 32,070,700 New Construction 19,272,700 5,235,000 New Construction – Excess Land 1,408,700 114,500 PIPELINES Taxable Full 45,968,000 29,420,000 FARMLANDS 82,709,600 1,915,100 MANAGED FORESTS 1,576,600 0 FARMLANDS AWAITING 0 0 DEVELOPMENT 1 Page 441 of 472 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2021 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $70,969,920 which includes the amount of $7,952,580 for waste management services; (ii) for public and separate school board purposes the sum of $38,624,552; (iii) for the purpose of The Regional Municipality of Niagara the sum of $85,452,258; and (b) in Urban Service Areas 1 and 2: (i) for urban service purposes the sum of $9,566,970 3. The tax rate schedule set out in Schedule “A” is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by-law and such tax shall become due and payable for 2021 only, for, (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 30 2021 and September 30, 2021, and (b) Commercial, Industrial and Multi-Residential Assessments on August 31, 2021 and October 29, 2021. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By-law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by-law and to make a return of his or her Roll on or before the 31st day of December 2021. 7. This by-law shall come into force and effect immediately upon passing thereof. 8. Schedule “A” attached to this By-law shall form part of this By-law. Page 442 of 472 Passed this 11th day of May, 2021 ......................................................................... .................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 11, 2021 Second Reading: May 11, 2021 Third Reading: May 11, 2021 Page 443 of 472 Schedule “A” CITY OF NIAGARA FALLS 2021 Tax Rates Assessment General Rates Urban Service Area Urban Service Area Total Property Class Code City Waste Mgmt. Region Schools Total Residential/Farm RT 0.442816% 0.054682% 0.587571% 0.153000% 1.238069% 0.071071% 1.309140% New Multi-Residential Multi-residential NT MT 0.442816% 0.872348% 0.054682% 0.107724% 0.587571% 1.157515% 0.153000% 0.153000% 1.238069% 2.290587% 0.071071% 0.140009% 1.309140% 2.430596% Commercial -Occupied -Excess Land -Vacant Land CT/CM CU CX 0.768242% 0.595388% 0.595388% 0.094868% 0.073523% 0.073523% 1.019377% 0.790017% 0.790017% 0.880000% 0.880000% 0.880000% 2.762487% 2.338928% 2.338928% 0.123300% 0.095558% 0.095558% 2.885787% 2.434486% 2.434486% Commercial Other -Occupied -Excess Land DT/GT/ST DU/SU 0.768242% 0.595388% 0.094868% 0.073523% 1.019377% 0.790017% 0.880000% 0.880000% 2.762487% 2.338928% 0.123300% 0.095558% 2.885787% 2.434486% Commercial –New Construction -Occupied -Excess Land XT/ZT XU/ZU 0.768242% 0.595388% 0.094868% 0.073523% 1.019377% 0.790017% 0.880000% 0.880000% 2.762487% 2.338928% 0.123300% 0.095558% 2.885787% 2.434486% Landfill HT 1.301996% 0.160779% 1.727612% 0.880000% 4.070387% Industrial -Occupied -Excess Land -Vacant Land IT/LT IU/LU IX 1.164607% 0.902570% 0.902570% 0.143814% 0.111456% 0.111456% 1.545312% 1.197617% 1.197617% 0.880000% 0.880000% 0.880000% 3.733733% 3.091643% 3.091643% 0.186916% 0.144860% 0.144860% 3.920649% 3.236503% 3.236503% Industrial – New Construction -Occupied -Excess Land JT/KT JU/KU 1.164607% 0.902570% 0.143814% 0.111456% 1.545312% 1.197617% 0.880000% 0.880000% 3.733733% 3.091643% 0.186916% 0.144860% 3.920649% 3.236503% Pipelines PT 0.753718% 0.093074% 1.000105% 0.880000% 2.726897% 0.120969% 2.847866% Farmland FT 0.110704% 0.013671% 0.146893% 0.038250% 0.309518% 0.017768% 0.327286% Managed Forests TT 0.110704% 0.013671% 0.146893% 0.038250% 0.309518% 0.017768% 0.327286% Farmland Awaiting Development I Farmland Awaiting Development II C1 N/A 0.332112% 0.041012% 0.440678% 0.114750% 0.928552% 0.053303% 0.981855% Page 444 of 472 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules “A” & “C” and that Schedules “A” & “C” attached hereto shall be inserted in lieu thereof. 2. That by-laws 2019-107 and 2021-28 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 11th day of May, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 445 of 472 SCHEDULE “A” 1. Chief Building Official: Salvatore Valeo 2. Deputy Chief Building Official: Trevor Toth 3. Inspectors: Ned Mijatovich Luciano Chieca David Falkanger Fred Sacco Sandro Elia Effat Effat Ellen Roupas Tyler Esau Cesar Ramires Jim Boutilier Jo Zambito Ben Trendle Frank Devereaux Kellie Kubik Doug Collee Ron Massolin Ken Henry Kadri Lambert Meghan Edgar Karen Borne 4. Municipal Enforcement Officers: Gerald F. Spencer Robert Davis Doug Evans Mike Formica Brian Sparks Heather Stones Patrick Vernon Jana Mills Page 446 of 472 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Bill Crowder Jesse de Smit John Garvie Cathy Hanson John MacLeod Andrea Malgie Krista McGowan Liam Raymond Philip Rudachuk Kevin Scotland Morgan Sereeira Thomas Tavender Page 447 of 472 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to authorize the Assessment Review Board to exercise certain powers and functions of Council pursuant to the Municipal Act, 2001 S. 357 (1) (d.1). WHEREAS Section 357(1) (d.1) of the Municipal Act, 2001 as amended, authorizes applications to be made by any person to the Treasurer of a municipality for the cancellation, reduction or refund of taxes levies in the year in respect of which the application is made where such a person is unable to pay taxes because of sickness or extreme poverty; AND WHEREAS Section 357 (11) of the Municipal Act, 2001 as amended, authorizes the Council to pass a by-law to provide that the Assessment Review Board shall exercise the powers and functions of the Council under subsections 357 (1)(d.1) and (5), with respect to applications under subsection 357(1) (d.1); AND WHEREAS any such by-law passed by Council shall apply to applications made in and after the year in which such by-law is passed and shall continue to apply until repealed; AND WHEREAS it is deemed expedient and appropriate by the City of Niagara Falls that the Assessment Review Board exercise the functions of Council under subsection 357 (1) and (d.1) of the Municipal Act, 2001 for the current year and each year hereafter until repealed; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. THAT the Assessment Review Board shall exercise the functions of Council pursuant to subsections 357 (1) and (5) with respect to applications made under subsection 357(1)(d.1) of the Municipal Act, 2001 as amended for the cancellation, reduction, or refund of taxes levied in the year in respect of which the application is made by any persons who are unable to pay taxes because of extreme sickness or extreme poverty. Passed this 11th day of May, 2021 ........................................................... ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 11, 2021 Second Reading: May 11, 2021 Third Reading: May 11, 2021 Page 448 of 472 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. (Speed Limits on Highways – (Part 4 – 80km/h), Speed Limits on Highways – (Part 2 – 60km/h), Parking Prohibited, Designated Lanes) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule W Part 4 thereto the following items: SPEED LIMITS ON HIGHWAYS – (PART 4 – 80KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Garner Rd. Mountain Rd. and a point 1,450 metres north of Thorold Stone Rd. 80 Page 449 of 472 (b) by removing from the specified columns of Schedule W Part 2 thereto the following items: SPEED LIMITS ON HIGHWAYS – (PART 2 – 60KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Garner Rd. Thorold Stone Road and a point 1,450 metres north of Thorold Stone Road 60 Garner Rd. Mountain Road and Warner Road 60 (c) by adding to the specified columns of Schedule W Part 2 thereto the following item: SPEED LIMITS ON HIGHWAYS – (PART 2 – 60KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Garner Road Thorold Stone Road and Warner Road 60 (d) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Brown Road Rapids View Drive Sixth Avenue Sixth Avenue Both Both East West A point 53 metres east of Kalar Road and a point 40 metres east of Hackberry Trail Bukator Drive and South terminus of Rapids View Drive Morrison Street and Willmott Street Willmott Street and a point 10 metres north At All Times At All Times Except by Permit At All Times At All Times Page 450 of 472 (e) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Brown Road Both A point 40 m west of Shadbush At All Times Ln. and a point 40 m east of Hackberry Tr. Sixth Ave. Both Willmott St. and a point 10 m At All Times North of Willmott St. (f) by adding to the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 COLUMN 4 DESIGNATED LANE TIMES/DAYS COLUMN 5 DIRECTION Brown Road A point 50 metres 1.5 m curb lane At All Times Westbound East of Kalar Road for cyclists only And a point 35 Metres east of Hackberry Trail This By-law shall come into force when the appropriate signs are installed or removed. Passed this eleventh day of May, 2021. .......................................................................... ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 11, 2021 Second Reading: May 11, 2021 Third Reading: May 11, 2021 Page 451 of 472 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. (Parking Prohibited, Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Willguard Court North Willoughby Drive and the western limit of At All Times Willguard Court, including the entire turning basin Page 452 of 472 (b) adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Willoughby Drive & Willguard Court Eastbound on Willguard Court This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of May, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 11, 2021 Second Reading: May 11, 2021 Third Reading: May 11, 2021 Page 453 of 472 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW 2021 - BEING A BY-LAW TO REGULATE AND LICENSE VACATION RENTAL UNITS AND BED AND BREAKFAST ESTABLISHMENTS AND TO AMEND BY-LAW 2001-31 WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter referred to as the “Municipal Act” provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; AND WHEREAS Section 8 (3) of the Municipal Act, authorizes a municipality to provide for a system of licences; AND WHEREAS Section 9 of the Municipal Act, provides that Section 8 and Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to: (a) enable municipalities to govern their affairs as they consider appropriate; and (b) enhance their ability to respond to municipal issues; AND WHEREAS Section 11 (2), paragraph 6 of the Municipal Act, authorizes a municipality to pass a by-law respecting the health, safety and well-being of persons; AND WHEREAS Section 151 of the Municipal Act, provides that a municipality may provide for a system of licences with respect to a business and may: (a) prohibit the carrying on or engaging in the business without a licence; (b) refuse to grant a licence or to revoke or suspend a licence; (c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) impose special conditions on a business in a class that have not been imposed on all the businesses in that class in order to obtain, continue to hold or renew a licence; (e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; and (f) licence, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; AND WHEREAS Section 23.1 of the Municipal Act, authorizes a municipality to delegate its powers and duties; AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it necessary and expedient to regulate and license Vacation Rental Units and Bed and Breakfast Establishments in the City of Niagara Falls; NOW THEREFORE the Council of the Corporation of the City of Niagara Falls enacts as follows: Page 454 of 472 2 1. DEFINITIONS 1.1 In this By-law: “Applicant” means a Person who files an application for a license; “Bedroom” means a room or area used, designed, equipped or intended for sleeping; “Bed and Breakfast Establishment” means a home occupation that provides guest rooms and may provide breakfast to the travelling and vacationing public; “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as amended and its regulations; “Chief Building Official” means the Chief Building Official for the City or any other Person appointed by By-law as a designate; “Clerk” means the Clerk for the City or any Person designated by the Clerk; “Council” means Council for the City; “Detached Dwelling” means a building containing one primary dwelling unit; “Dwelling” means a building used or capable of being used as the residence of one or more persons but does not include a hotel, motel or other tourist establishment, a mobile home or a trailer; “Dwelling Unit” means a unit that: (i) consists of a self-contained set of rooms located in a building or structure; (ii) is used, intended or designed for use as residential premises; and (iii) contains kitchen and bathroom facilities that are intended for the use of the unit only; “Fire Protection and Prevention Act” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and its regulations; “Fire Chief” means the Fire Chief for the City or a Fire Prevention Officer; “Guest Room” means a room or suite of rooms which is capable of being rented separately to the travelling and vacationing public and does not have any cooking facilities and includes a bedroom; “Home Occupation” means an occupation, trade, business, profession or craft carr ied on as an accessory use of the dwelling as the private residence of the person carrying on the occupation, trade, business, profession or craft; “Licence” means a licence issued by the City pursuant to this By-law; “Licence Issuer” means a City employee who is responsible for issuing a Licence; “Licence Number” means a number assigned to a Licence by the City; Page 455 of 472 3 “Licensee” means a Person issued a current valid licence pursuant to this By-law; “Licensing Appeal Committee” means a Committee established by Council to hear appeals under this By-law; “Maximum Occupancy” means the maximum number of occupants permitted on the premises as determined by the Chief Building Official; “Medical Officer of Health” means the Medical Officer of Health for Niagara Region Public Health and includes any public health inspectors of Niagara Region Public Health; “Officer” means a police officer, municipal law enforcement officer, Fire Chief, fire prevention officer, Chief Building Official, building inspector, Medical Officer of Health, or any other Person appointed by by-law to enforce the provisions of this By-law; “Owner” means the owner of a property as recorded in the records of the Registry Office for the Land Titles Division of Niagara South maintained in that Office for that property; “Person” includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other legal representative; “Premises” means land, property or any part thereof including any and all buildings or other structures thereon; “Principal Residence” means a person’s permanent lodging place to which, whenever absent he or she intends to return; “Property” means a parcel of land which is capable of being legally conveyed; “Renter” means the Person responsible for the rental of the premises by way of concession, permit, licence, agreement or similar commercial arrangement; “Renter’s Code” means a document prepared by the Owner that: (a) sets out the roles and responsibilities of a Renter including behavior expectations as they relate to causing a disturbance; (b) provides a written warning related to the making of a disturbance; (c) identifies the City by-laws and the provisions of the City by-laws to be complied with. “Responsible Person” means a Licensee or a Person designated by a Licensee who is over the age of eighteen (18); “Vacation Rental Unit” means the use of a detached dwelling or dwelling unit that is available for rent in its entirety for a period of 28 consecutive days or less, to provide temporary lodging to the travelling and vacationing public; “City” means the Corporation of the City of Niagara Falls or the land within the ge ographic limits of the Corporation of the City of Niagara Falls as the context requires; “Zoning By-law” means any by-law administered by the City passed pursuant to Section 34 of the Planning Act or a successor thereof, as may be amended from time to time. Page 456 of 472 4 2. GENERAL AND PROHIBITIONS 2.1 This by-law shall apply throughout the whole of the City. 2.2 This by-law may be referred to as the “Vacation Rental Unit and Bed and Breakfast Establishment Licensing By-law”. 2.3 No Person shall own or operate, or permit the operation of a Vacation Rental Unit without a current valid licence. 2.4 No Person shall own or operate, or permit the operation of a Bed and Breakfast Establishment without a current valid licence. 2.5 No Person shall own or operate a Vacation Rental Unit or a Bed and Breakfast Establishment other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law. 2.6 No Person shall advertise, promote, broker, or offer for rent or lease a Vacation Rental Unit without a current valid licence. 2.7 No Person shall advertise, promote, broker, or offer for rent a Bed and Breakfast Establishment without a current valid licence. 2.8 No Person shall alter or modify or permit the alteration or modification of a licence. 2.9 No Person shall use or attempt to use a licence issued to another Person. 2.10 No Person shall own, operate or carry on any business in any other name other than in the name that appears on the licence. 2.11 Every Person who knowingly makes a false statement in an application, declaration, affidavit or paper writing required by this By-law or the City is guilty of an offence. 2.12 No Person who is issued a licence pursuant to this By-law shall contravene any provision set out in this by-law, any other municipal by-law, federal or provincial Act, Statute, or any other legislation applicable to the licensed premises. 2.13 No Person shall remove an order or placard posted on the premises under this By-law, except an Officer. 2.14 No Person shall own, operate or carry on any business while a licence is under an administrative suspension. 2.15 No Person licensed under this By-law shall, because of race, colour, creed, gender or sexual orientation, discriminate against any member of the public in the carrying on, conducting or operating of a Bed and Breakfast Establishment or a Vacation Rental Unit. 3. APPLICATION FOR A LICENCE 3.1 A Person making an application for a licence or for a renewal of a licence shall submit: Page 457 of 472 5 (a) a complete application in the form provided by the City; (b) when applicable, the Business Name Registration and/or Articles of Incorporation obtained from the applicable provincial or federal Ministry; (c) documentation that the applicant is the owner of the property; (d) all required documents, and obtain all required approvals and inspections as outlined in the applicable Schedule to this By-law from the appropriate authority having jurisdiction to the satisfaction of the City; (e) any other documents as may be required by the City to the satisfaction of the City; (f) the prescribed fee. 3.2 Acceptance of a licence application and a licence application fee does not constitute approval of the application or oblige the City to issue a licence. 4. LICENCES 4.1 The Licence Issuer is hereby delegated authority to issue a licence in accordance with the provisions of this By-law and the applicable Schedule(s) to this By-law. 4.2 The Licence Issuer is hereby delegated authority to impose additional terms and conditions on a licence that in the opinion of the Licence Issuer are reasonable and taking into consideration: (a) the health, safety and well-being of Persons; (b) the impact on a neighbouring property or a neighbouring property owner; (c) the past conduct of an applicant or a licensee. 4.3 The Licence Issuer is hereby delegated authority to revoke, suspend, refuse to issue, or refuse to renew a licence, where the applicant or licensee would not be entitled to a licence, or to the renewal of a licence, on any grounds set out in this By-law. 4.4 A licence issued by the City is non-refundable is not transferable. 4.5 A licence issued pursuant to this By-law is valid for the current year and shall expire on the 30th day of April the following year unless otherwise suspended or revoked in accordance with the provisions of this By-law. 4.6 Every licence shall remain at all times the property of the City and no Person shall enjoy a vested right in any licence or the continuance of any licence. 4.7 A licence shall be issued by the Licence Issuer: (a) upon the requirements of this By-law being met; (b) upon submission of the documents to the City’s satisfaction as required by this By-law and as outlined on the applicable Schedule(s) to this By-law; Page 458 of 472 6 (c) upon obtaining the required approvals and inspections to the City’s satisfaction as required by this By-law and as outlined on the applicable Schedule(s) to this By-law. 4.8 The Licence Issuer shall not issue a licence if the owner(s) have any outstanding fines, penalties, legal costs, disbursements, property taxes and late payment charges owing to the City for the property subject to the licence application. 4.9 A Licence shall only be issued by the Licence Issuer to the owner of the property. 4.10 A Licence issued under this By-law shall include following: (a) The municipal address; (b) Licence Number; (c) Date of issue and expiry date of the Licence; (d) Number of bedrooms for rent; (e) Licensee name and contact information; (f) In the case of a Vacation Rental Unit, the Responsible Person’s name and contact information. 4.11 Where a change in the ownership of a property occurs, an application for a licence is subject to all the provisions of this By-law and the City’s Schedule of Fees By-law as an initial application for the property and not a renewal. 4.12 Where there is a change in the number of guest rooms of a Bed and Breakfast Establishment an application for a renewal of a licence is subject to all the provisions of this By-law and the City’s Schedule of Fees By-law as an initial application for the property and not a renewal. 5. LICENCE – TERMS AND CONDITIONS 5.1 A licence is subject to the terms and conditions of this By-law and the terms and conditions as set out in the applicable Schedule(s) to this By-law. 5.2 A licensee shall notify the City within seven (7) days of any changes to the: (a) business name; (b) location of the business premises; (c) ownership of the business and such changes shall be subject to submission of the necessary documentation to the City. 5.3 A licensee shall be responsible for the act(s) and omission(s) of its employees, representatives, and the Responsible Person in the carrying on of the business in the same manner and to the same extent as though the Licensee did the act(s) or omission(s). 5.4 Any record required by this By-law shall be produced by the Licensee upon request of an Officer. Page 459 of 472 7 6. LICENCES – ADMINISTRATIVE SUSPENSIONS 6.1 Where the Licensee’s policy of liability insurance expires, is cancelled, or is otherwise terminated, then the applicable licence shall be automatically suspended effective on the date of such expiration, cancellation, or termination and shall remain so until such insurance has been reinstated. 6.2 An administrative suspension of a licence without a hearing shall be imposed for fourteen (14) days if the Licence Issuer is satisfied that the continuation of the business poses an immediate danger to health and safety of any person or to any premises or in accordance with Section 7. Before any suspension is imposed, the City shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them. 6.3 An administrative suspension imposed under Section 6.2 may be imposed on such conditions as the Licence Issuer considers appropriate. 7. LICENCES – GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION 7.1 An applicant or licensee is entitled to a licence upon meeting the requirements of this By- law except where: (a) the past or present conduct of any person, including any partner, the officers, directors, employees or agents of a corporation affords reasonable cause to believe that the person will not carry on or engage in the business in respect of which the application is made in accordance with the law or with honesty or integrity; or (b) the applicant or licensee has past breaches or contraventions of any law or any provision of this By-law or any other municipal by-law or Provincial or Federal Statute associated with the carrying on of such business; or (c) the applicant or licensee has failed to pay a fine or fines imposed by a Court for convictions for breach of this or any other City by-law or provincial offence related to the licensed premises; or (d) the applicant or licensee has failed to comply with any term, condition or direction of the Licence Issuer or Officer or has failed to permit any investigation by the Licence Issuer or Officer; or (e) the applicant or licensee has failed to comply with the requirements set out in this By-law or any of the applicable Schedules to this By-law; or (f) the issuing of a licence would be contrary to the public interest with respect to health and safety, consumer protection, or nuisance control; or (g) the applicant or licensee has submitted an application or other documents to the City containing false statements, incorrect, incomplete, or misleading information; or (h) the applicant or licensee is carrying on or engaging in activities that are, or will be, if the applicant of licensee is licensed, in contravention of this By-law, or any other applicable law; or Page 460 of 472 8 (i) the applicant or licensee has not paid the required licence fees; or (j) the applicant or licensee has outstanding fines, penalties, legal costs, disbursements, property taxes and late payment charges owing to the City for the subject property. 7.2 The Licence Issuer may revoke, suspend, refuse to issue, or refuse to renew a licence, where the applicant or licensee would not be entitled to a licence, or to the renewal of a licence, on any grounds set out in this By-law. 7.3 Where the application for a licence has been revoked, suspended or cancelled, the fees paid by the applicant or licensee, in the respect of the licence, shall not be refunded. 7.4 Where a licence has been revoked, suspended, or cancelled the licensee shall return the licence to the Licence Issuer within two (2) days of service of the notice of the decision. 7.5 When a revoked, suspended or cancelled licence has not been returned, an Officer may enter upon the premises for the purpose of receiving, taking or removing the said licence. 8. LICENCES – GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION – TERMS AND CONDITIONS – RIGHT TO A HEARING 8.1 With the exception of Section 6, before a licence is refused, revoked, suspended, cancelled or issued with terms or conditions, written notice shall be given to the applicant or licensee. 8.2 Notice shall be served to the applicant’s or licensee’s last known address or email address filed with the City and shall: (a) contain sufficient information to specify the nature of, or reason for, any recommendation; (b) inform the applicant or licensee of entitlement to a hearing before the Licensing Appeal Committee, if a request in writing for a hearing is returned to the Clerk within fifteen (15) days after the date of service of the notice; and (c) inform the applicant or licensee that if no written request is received, the Licensing Appeal Committee may proceed and make any decision with respect to the licence. 8.3 On receipt of a written request for a hearing from an applicant or licensee, the Clerk shall: (a) schedule a hearing; and (b) give the applicant or licensee notice of the hearing at least twenty (20) days prior to the hearing date; and (c) post notice of the hearing on the City’s website at least twenty (20) days prior to the hearing date. 8.4 Service of any notice on the applicant or licensee under this by-law shall be made by personal delivery, ordinary mail or email transmission. The notice shall be deemed to have been served on the seventh (7th) day after the day of mailing or on the date of personal service or on the date the email is sent. Page 461 of 472 9 9. LICENSING APPEAL COMMITTEE 9.1 The Licensing Appeal Committee and shall hear and render decisions regarding the refusal, revocation or suspension of a licence, and the imposing of terms and conditions on a licence. 9.2 The decision of the Licensing Appeal Committee shall be final and binding. 10. HEARING PROCESS 10.1 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, shall apply to all hearings conducted under this By-law. 10.2 A hearing shall be held in public, unless determined otherwise in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, and the Licensing Appeal Committee shall hear the applicant or licensee and every other person who desires to be heard, and the Licensing Appeal Committee may adjourn the hearing or reserve its decision. 10.3 No decision of the Licensing Appeal Committee is valid unless it is concurred in by the majority of the members of the Licensing Appeal Committee that heard the matter, and the decision of the Licensing Appeal Committee, shall be in writing and shall set out the reasons for the decision, and shall be signed by the members who concur in the decision. 10.4 Any authority or permission granted by the Licensing Appeal Committee may be for such time and subject to such terms and conditions as the Licensing Appeal Committee considers advisable and as are set out in the decision. 10.5 When a person who has been given written notice of a hearing does not attend at the appointed time and place, the Licensing Appeal Committee may proceed with the hearing in his absence, and the person shall not be entitled to any further notice of the proceedings. 10.6 The Clerk shall no later than ten (10) days from the making of the decision send one (1) copy of the decision to: (a) the applicant or licensee; (b) each person who appeared in person or by Counsel or by Agent at the hearing and who filed with the Clerk a written request for notice of the decision. 11. AUTOMATIC INITIATION OF REVOCATION AND REFUSAL TO RENEW 11.1 A Licence Issuer shall refuse to issue or revoke a Bed and Breakfast Establishment licence or a Vacation Rental Unit licence in accordance with the provisions of this By-law where the City has determined three (3) valid violations have occurred or three (3) convictions have been registered and occurred at the property within a one (1) year period. 11.2 Where a licence has been refused or revoked in accordance with this section, no person shall be entitled to apply for a licence for the subject property for a period of six (6) months from the date of refusal or revocation of the licence. Page 462 of 472 10 12. FEES 12.1. The fees for a licence or renewal of a licence, inspections and approvals required pursuant to this By-law shall be as prescribed in the City’s Schedule of Fees By-law. 13. ORDER TO DISCONTINUE 13.1 Where an Officer has reasonable grounds to believe that a contravention of this By-law has occurred, the Officer may make an Order requiring the person who contravened this By-law, or who has caused or permitted the contravention, or the owner or licensee of the premises on which the contravention has occurred, to discontinue the contravening activity. 13.2 An Order under section 13.1 shall set out: (a) reasonable particulars of the contravention adequate to identify the contravention; (b) the location of the premises on which the contravention occurred; and (c) the date by which there must be compliance with the Order 13.3 An Order to discontinue a contravening activity made under this section may be served personally, ordinary mail to the last known address or by email transmission to: (a) the person the Officer believes contravened this By-law; and (b) such other persons affected by the Order as the Officer making the Order determines. 13.4 The Order shall be deemed to have been served on the seventh (7th) day after the date of mailing or on the date of personal delivery or email transmission. 13.5 An Officer who is unable to effect service of an Order pursuant to this By-law shall place a placard containing the Order in a conspicuous place on the premises and the placing of the placard shall be deemed to be sufficient service. The placing of the placard of the Order shall be deemed to be served on the date of placing the placard. 14. ENFORCEMENT AND PENALTY PROVISIONS 14.1 The enforcement of this By-law shall be conducted by an Officer. 14.2 An Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not: (a) the By-law is complied with; (b) the licence, or the term or condition of a licence, or the term or condition of this By-law is complied with; (c) the approved plans are complied with; (d) a direction or order made under the Municipal Act, 2001, or this By-law is complied with. Page 463 of 472 11 14.3 For the purposes of an inspection under this By-law, an Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 14.4 All documents and records shall be kept in a good and business-like manner for review by the Officer at their request. 14.5 A receipt shall be provided for any document or thing removed under this By-law and the document or thing shall be promptly returned after the copies or extracts are made. 14.6 A sample taken under this By-law shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 14.7 If a sample is taken under this By-law and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 14.8 Every person who contravenes any provision of this By-law or an Order issued pursuant to this By-law, and every director or officer of a corporation, who knowingly concurs in the contravention by a corporation is guilty of an offence and upon conviction is liable to: (a) on a first offence, to a fine not more than $50,000.00; and (b) on a second offence and each subsequent offence, to a fine of not more than $100,000.00 14.9 Every person who is issued a Part 1 offence notice or summons and is convicted is guilty of an offence under this By-law shall be subject to a fine, to a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 14.10 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. 14.11 Every person who is alleged to have contravened any of the provisions of this By-law, shall identify themselves to an Officer upon request, failure to do so shall be deemed to have hindered or obstructed an Officer in the execution of his or her duties. 14.12 Upon conviction any penalty imposed under this By-law may be collected under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 14.13 If a person is convicted of an offence under this By-law, the court in which the conviction has been entered and any court of competent jurisdiction may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. Page 464 of 472 12 15. SEVERABILITY 15.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the intention of Council of the City that the remainder of this By-law shall continue in force unless the court makes an order to the contrary. 16. SINGULAR AND PLURAL USE 16.1 In this By-law, unless the context otherwise requires words importing the singular shall include the plural and use of the masculine shall include the feminine, where applicable. 17. SCHEDULES 17.1 The Schedules attached to this By-law form part of this By-law. 18. REPEAL 18.1 That By-law 2001-31 be amended by deleting Schedule 30. 18.2 That By-law 2001-31 be amended by deleting the following on Schedule 1: “Tourist Homes, Bed and Breakfasts $65.00 April 30”. Read a First, Second and Third time; passed, signed and sealed in open Council this 11th day of May, 2021. .................................................................. ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 465 of 472 13 SCHEDULE A TO BY-LAW 2021-XX 1. In addition to the licensing requirements set out in Section 3.1 of this By-law an Applicant for a Vacation Rental Unit Licence shall submit the following: (a) Confirmation from the Fire Chief dated within the previous sixty (60) days stating the premises are in compliance with the Fire Protection and Prevention Act, and the policies of the Niagara Falls Fire Department respecting a Vacation Rental Unit ; (b) If the premises is on private water supply and/or sewage disposal, a certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has services adequate for the Vacation Rental Unit; (c) A certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has been inspected and is in compliance with the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended, and its regulations. (d) A site plan and floor plans outlining the portion of the premises to be used as a Vacation Rental Unit and demonstrating the premises: i) conforms with the City’s Zoning By-law; ii) provides a minimum of two (2) parking spaces or as established in a site specific zoning by-law amendment. (e) Certificate from the Electrical Safety Authority dated within the previous 2 years stating the premises are in compliance with the Electrical Safety Code. 2. In addition to the licensing requirements set out in Section 3.1 of this By-law an Applicant or Licensee for a Vacation Rental Unit Licence or renewal of a Vacation Rental Unit Licence shall submit the following: (a) Proof of insurance by way of certificate of insurance showing a minimum limit of two million dollars ($2,000,000) in commercial general liability for a Vacation Rental Unit for the term of the licence with an endorsement that notice in writing at least thirty (30) days prior to cancellation, expiration, or variation thereof will be given to the City by the insurance underwriter. (b) The name, address, email address, phone number and emergency phone number of the Responsible Person. (c) A copy of the standard agreement used for the premises which shall contain the following: i) a notification clause that advises renter of the City’s Noise By-law; ii) the maximum occupancy of the Vacation Rental Unit, as provided by the Chief Building Official; (d) A Renter’s Code. 3. In addition to the licensing requirements set out in section 3 of this By-law the issuing of a Vacation Rental Unit Licence or renewal of a Vacation Rental Unit Licence is subject to the following: Page 466 of 472 14 (a) Compliance with the: i) City’s Zoning By-law; ii) Fire Protection and Prevention Act; iii) Building Code Act; (b) Posting of Fire Safety Instructions that is plaqued or framed, that depicts the location of each bedroom, smoke alarm, extinguisher, exit/egress doors or windows on the premises to the satisfaction of the City. TERMS AND CONDITIONS 4. A Licensee of a Vacation Rental Unit shall: (a) designate a Responsible Person; (b) display the licence in a conspicuous place on the licensed premises in close proximity to the entrance of the premises and visible to the public at all times; (c) display the licence in a prominent place on the interior of the licensed premises; (d) be responsible for the operation of the premises, the conduct of the renter and the occupants of the premises. (e) post the Fire Safety Instructions that is plaqued or framed, that depicts the location of each bedroom, smoke alarm, extinguisher, exit/egress doors or windows on the premises to the satisfaction of the City. 5. Every person who owns or operates a Vacation Rental Unit shall: (a) operate the premises in accordance with the City’s: i) Property Standards By-law; ii) Zoning By-law; iii) Sign By-law; iv) Litter, Maintenance of Lands By-law; v) Noise By-law; vi) any other By-laws; vii) any Federal and Provincial legislation; (b) provide the Renter with a copy of the Renter’s Code; (c) keep a register that keeps record of the following: i) the date of entry; ii) name and home address of the Renter; Page 467 of 472 15 iii) the length of stay of a Renter; iv) confirmation including the date of receipt of the Renter’s Code by the Renter; (d) maintain the records required by subsection (b) for a minimum of two (2) years; (e) include the current Licence Number on all: i) advertisement and promotional materials; ii) website; iii) contracts and agreements entered into with a Renter. (f) shall have a Responsible Person available 24 hours a day, 7 days a week to attend the premises within one (1) hour of being contacted or notified by the City or an authorized agent or representative of the City or an Officer. Page 468 of 472 16 SCHEDULE B TO BY-LAW 2021-XX 1. In addition to the licensing requirements set out in Section 3.1 of this By-law an Applicant for a Bed and Breakfast Establishment Licence shall submit the following: (a) Confirmation from the Fire Chief dated within the previous sixty (60) days stating the premises are in compliance with the Fire Protection and Prevention Act, and the policies of the Niagara Falls Fire Department respecting a Bed and Breakfast Establishment; (b) If the premises is on private water supply and/or sewage disposal, a certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has services adequate for the Bed and Breakfast Establishment. (c) A certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has been inspected and is in compliance with the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended, and its regulations. (d) A site plan and floor plans outlining the portion of the premises to be used as a Bed and Breakfast Establishment and demonstrating the premises: i) conforms with the City’s Zoning By-law; ii) provides a minimum of one (1) parking space for the dwelling and one (1) parking space for each guest room capable of being rented out or as established in a site specific zoning by-law amendment. (e) Certificate from the Electrical Safety Authority dated within the previous 2 years stating the premises are in compliance with the Electrical Safety Code; 2. In addition to the licensing requirements set out in Section 3.1 of this By-law the issuing of a Vacation Rental Unit Licence or renewal of a Vacation Rental Unit Licence is subject to the following: (a) Documentation that the owner uses the premises as its principal residence; (b) Proof of insurance by way of certificate of insurance showing a minimum limit of two million dollars ($2,000,000) in commercial general liability for a Bed and Breakfast Establishment for the term of the licence with an endorsement that notice in writing at least thirty (30) days prior to cancellation, expiration, or variation thereof will be given to the City by the insurance underwriter. 3. In addition to the licensing requirements set out in section 3 of this By-law the issuing of a Bed and Breakfast Establishment Licence or renewal of a Bed and Breakfast Establishment Licence is subject to the following: (a) Compliance with the: i) City’s Zoning By-law; ii) Fire Protection and Prevention Act; iii) Building Code Act. Page 469 of 472 17 TERMS AND CONDITIONS 4. A Licensee of a Bed and Breakfast Establishment shall: (a) be on site at the premises during the stay of a Renter; (b) display the licence in a conspicuous place on the licensed premises in close proximity to the entrance of the premises and visible to the public at all times; (c) display the licence in a prominent place on the interior of the licensed premises; (d) display a statement of the fee to be charged for each guest room and the check- out time in a prominent place on the interior of the licensed premises and in each guest room; (e) post the Fire Safety Instructions that is plaqued or framed, that depicts the location of each bedroom, smoke alarm, extinguisher, exit/egress doors or windows on the premises to the satisfaction of the City. (f) be responsible for the operation of the premises, the conduct of the renter and the occupants of the premises. 5. Every person who owns or operates a Bed and Breakfast Establishment shall: (a) operate the premises in accordance with the City’s: i) Property Standards By-law; ii) Zoning By-law; iii) Sign By-law; iv) Litter, Maintenance of Lands By-law; v) Noise By-law; vi) any other By-laws; vii) any Federal and Provincial legislation; (b) keep a register that keeps record of the following: i) name and home address of the Renter; ii) the date of entry; iii) the length of stay of a Renter; (c) maintain the records required by subsection (b) for a minimum of two (2) years; (d) include the current Licence Number on all: i) advertisement and promotional materials; ii) website; iii) contracts and agreements entered into with a Renter. Page 470 of 472 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law 2018-104 being a by-law to set a Municipal Accommodation Tax. WHEREAS The Corporation of the City of Niagara Falls has passed a by-law to impose a tax in respect of the purchase of transient accommodation; AND WHEREAS it is desirable to extend the tax to include Vacation Rental Units and Bed & Breakfasts as additional classes of transient accommodation; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1) SECTION 1, provisions 1.1 and 1.2 are hereby deleted and replaced by: 1.1 A purchaser shall, at the time of purchasing transient accommodation, being accommodation for a continuous period of less than thirty (30) nights in a hotel, motel, inn, resort, vacation rental unit or bed & breakfast, pay a Municipal Accommodation Tax in the amount of Two Dollars ($2.00) for each day, or part of a day, of the term of the license granted to the purchaser of such accommodations. 1.2 A provider of transient accommodation, being accommodation for a continuous period of less than thirty (30) nights in a hotel, motel, inn, resort, vacation rental unit or bed & breakfast, shall include on every invoice or receipt for the purchase of short-term accommodation, a separate item for the amount of the Municipal Accommodation Tax imposed on the purchase. 2) SECTION 3, provision 3.3 is hereby deleted and replaced by: 3.3 The Municipal Accommodation Tax collected by providers of transient accommodation shall be remitted to the Treasurer of the City of Niagara Falls, or their designate, on the last day of each month by electronic transfer. Notwithstanding the aforementioned remittance date, the provider of vacation rental unit and bed & breakfast transient accommodation shall remit payment quarterly: for the reporting period January 1 to March 31, payment is due by electronic transfer on April 30; for the reporting period April 1 to June 30, payment is due by electronic transfer on July 31; for the reporting period July 1 to September 30, payment is due by electronic transfer on October 31; and for the reporting period October 1 to December 31, payment is due by electronic transfer on January 31. This by-law shall come into effect on October 1, 2021. Read a First, Second and Third time; passed, signed and sealed in open Council this 11th day of May, 2021. .................................................................. ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 471 of 472 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 11th day of May, 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 11th day of May 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 t o 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 11th day of May, 2021. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 472 of 472