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07-13-2021 City of Niagara Falls Agenda City Council Meeting Tuesday, July 13, 2021 @ 1:00 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 July 13 2021- Resolution to go In-Camera 11 2. CALL TO ORDER O Canada: Performed by 7 local musical talents (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 22, 2021 Minutes - City Council - 22 Jun 2021 - Pdf 12 - 34 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. DEPUTATIONS / PRESENTATIONS 6.1. Chippawa Creek Rescue 35 - 36 Page 1 of 445 Mayor Diodati will recognize Adam Wlodarczyk and Kellie Crossley for their rescue efforts on the Chippawa Creek. CNF-2021-MW-BoatRampHandout (5) CNF-2021-MW-BoatRampHandout (8) 7. PLANNING MATTERS 7.1. PBD-2021-36 (Submission from Warren Woods Land Development Corp- added) OPA & AM-2021-013 Employment Lands Strategy Report on the Proposed Official Plan and Zoning By-law Amendments and the Open House Meeting and Statutory Public Meeting PBD-2021-36, AM-2021-013, Employment Lands Strategy OPA ZBA Public Meeting PBD-2021-36, Appendix 1, City of Niagara Falls Employment Lands Study- Draft OPA- June 17 2021 (1) PBD-2021-36, Appendix 1, City of Niagara Falls Employment Lands Study- Draft ZBA 79-200 - June 17 2021 Comments from Bill Croker Maps submitted by Bill Croker Submission Employment Strategy Warren Woods Comments, questions from Gregory Marino Letter to B. Matson City of NF from Daniel & Partne rs - July 12 2021- signed 2 NF lands 2--- City of Niagara Falls - Amendment to employment lands July 12 2021 37 - 89 7.2. PBD-2021-031 AM-2021-008, Zoning By-law Amendment Application 90 - 96 Page 2 of 445 West Side of Garner, South of McLeod Road, Block 116, 59M-484 (Forestview) Applicant: Mountainview Homes (Niagara) Ltd. Agent: Upper Canada Consultants (Than Laman) PBD-2021-31, AM-2021-008, Forestview Blk 116 8. REPORTS 8.1. F-2021-39 (Report & statements added) 2018 Consolidated Financial Statements Mark Palumbi and Christine Morrow from Crawford, Smith and Swallow Chartered Accountants LLP will be in attendance virtually should there be any questions. F-2021-39 2018 Consolidated Financial Statements F-2021-39 Attachment 1 - (DRAFT) Audited FS 2018 12 31 F-2021-39 Attachment 2 - 2018 Independence Letter F-2021-39 Attachment 3 - 2018 Pre-Audit Letter F-2021-39 Attachment 4 - Draft Post-Audit letter F-2021-39 Attachment 5 - Draft management letter 97 - 146 8.2. F-2021-40 GROW Grant Request for Property Tax Forgiveness F-2021-40 GROW Grant Request for Property Tax Forgiveness F-2021-40 Attachment 1 F-2021-40 Attachment 2 F-2021-40 Attachment 3 F-2021-40 Attachment 4 F-2021-40 Attachment 5 F-2021-40 Attachment 6 147 - 199 Page 3 of 445 F-2021-40 Attachment 7 F-2021-40 Attachment 8 8.3. PBD-2021-029 (Report added) (Report deferred from Council of June 22, 2021) Request to Council to consider a Downtown CIP Revitalization Grant, post construction, at 4635 Queen Street Applicant: Dominion Niagara Holdings Inc. Agent: Jon DeLuca PBD-2021-29 Request to Council for CIP Revitalization Grant post- construction at 4635 Queen St PBD-2021-29 Appendix 1 200 - 206 8.4. CD-2021-02 (2 applications added and report updated) Fee Waiver Applications 1. Blackburn Brew House – Fill the Bus Event – for Project Share 2. Good News Breakfast – for Project Share 3. Stamford Centre Volunteer Firemen’s Association – Refreshment Vehicles – Licensing fee 4. Cruising on the Q - Downtown Board of Management 5. Thursday Bike Night - Downtown Board of Management CD-2021-02 - Fee Waiver - Blackburn Brewhouse - Fill the Bus Event - Project Share Fee Waiver Application - Blackburn Brew House - Back-to-School Campaign Fee Waiver Application - Project Share - Good News Breakfast Fee Waiver Application - Stamford Centre Volunteer Firemen's Association Fee Waiver Application - Cruising on the Q Fee Waiver Application - Thursday Bike Night 207 - 235 8.5. PBD-2021-33 Request by Downtown BIA to Apply Community Improvement Area funds to other works 236 - 239 Page 4 of 445 PBD-2021-33, Downtown BIA Request for Funds 8.6. TS-2021-04 2022 Capital Budget Preapproval Request – Industrial Scrubber TS-2021-04 2022 Capital Budget Preapproval Request - Industrial Scrubber 240 - 242 8.7. AD-HOC AFFORDABLE HOUSING COMMITTEE (Councillor Victor Pietrangelo to Chair this portion of meeting). PBD-2021-37 Surplus Dunn Street Extension Lands Opportunities and Constraints for Housing Development PBD-2021-37, Surplus Dunn St Extension Lands 243 - 248 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. CD-2021-03 Flag Raising / Lowering Request Policy CD-2021-03 Municipal Flag Policy CD-2021-03 Attachement 1 249 - 256 MW-2021-43 Intersection Control Reviews - Multiple Locations MW-2021-43 - Intersection Control Reviews (Multiple Locations) 257 - 261 PBD-2021-032 26CD-11-2018-002 262 - 269 Page 5 of 445 Extension to Draft Approval Plan of Condominium (Standard) 4311 Mann Street Applicant: Phelps Homes Agent: James Warren PBD-2021-32, 26CD-11-2018-002, 4311 Mann Street Extension of Draft Approval PBD-2021-34 PLC-2021-001, Request for Removal of Part Lot Control Blocks 3 & 9, Registered Plan 59M-474 6713-6723 Cropp Street and 4877-4897 Pettit Street Applicant: Winzen Niagara Homes Limited PBD-2021-34, PLC-2021-001, Winzen Niagara Homes 270 - 274 PBD-2021-38 Matters Arising from Municipal Heritage Committee 2021 Designated Property Grant Former Lyon’s Creek United Church, 7906 Schisler Rd Roof replacement PBD-2021-38, Matters Arising from MHC 2021DPG 275 - 278 PBD-2021-39 Residential Front Yard Vegetable Gardens PBD-2021-39, Residential Front Yard Vegetable Gardens 279 - 280 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Niagara Peninsula Conservation Authority (NPCA): Report No. FA- 41-21 - Conservation Authorities Act Phase 1 Regulations Guide Attached correspondence is from the Niagara Peninsula Conservation Authority along with related Report No. FA-41-21 (Revised) RE: Conservation Authorities Act Phase 1 Regulations Guide. RECOMMENDATION: For the Information of Council. Report No. FA-41-2021 (Revised) RE Conservation Authorities Act Phase 1 Regulations Guide - NPCA Comments 281 - 288 Page 6 of 445 Correspondence RE Report No. 41-2021 - Niagara Falls 10.2. Resolution - Township of Wainfleet - MTO Managing Invasive Phragmites Please be guided by the attached letter respecting a motion passed by Wainfleet Council regarding Invasive Phragmites. RECOMMENDATION: For the Information of Council. Resolution - Invasive Phragmites 289 - 290 10.3. Niagara Region - Various Correspondence Please be guided by the following correspondence from the Niagara Region: 1) 2020 End of Year Growth Request & 5 Year Growth Trend 2) Development Applications Monitoring Report - 2020 Year End 3) Niagara Watershed Plan - Draft for Consultation RECOMMENDATION: For the Information of Council. CLK-C 2021-093 PDS 23-2021- 2020 End of Year Growth Request and 5 Year Growth Trend CLK-C 2021-094 PDS 24-2021 - Development Applications Monitoring Report - 2020 Year End CLK-C 2021-096 PDS 30-2021 - Niagara Watershed Plan - Draft for Consultation 291 - 332 10.4. Proclamation Request - Residential School Remembrance Week Attached is a request that an official proclamation be made by the Mayor and Niagara Falls City Council marking a seven day period, beginning on Orange Shirt Day, September 30, 2021 and ends October 7, 2021 as "Residential School Remembrance Week." RECOMMENDATION: That Council proclaim a seven day period, beginning Thursday, September 30th, 2021 and ending Thursday, October 7, 2021 as "Residential School Remembrance Week." Proclamation - Residential School Remembrance Week 333 10.5. 334 Page 7 of 445 Correspondence from Conmed Health Care Group - Oakwood Manor - LTC facility redevelopment - Notice of Public Consultation MLTC The Conmed Health Care Group is pleased to provide Council with details of the “Notice of Public Consultation”, for the Ministry of Long- Term Care “Licensing Review process”, for the combined redevelopment of the Long-Term Care (“LTC”) beds at Oakwood Park Lodge (Niagara Falls), Valley Park Lodge (Niagara Falls), and the additional 70 new LTC beds that have been awarded to our Project. RECOMMENDATION: For the Information of Council. Oakwood Manor_Public Consultation Notice-ENG 10.6. Request to Change Street Name - Ryerson Crescent Preliminary discussion regarding the request to change the street name of Ryerson Crescent. RECOMMENDATION - That Council direct Staff to initiate the renaming of Ryerson Crescent. Request to Change Street Name - Ryerson Crescent 335 - 338 10.7. Follow-up on the Ontario Truck Parking Study The attached correspondence is a follow-up to the 2018 study on Truck Parking and Rest Areas Along Southern Ontario Highways. RECOMMENDATION: For the Information of Council. Follow up to press release on Ontario Truck Parking SPR Press Release on Ontario Truck Parking - June 29 2021 339 - 342 10.8. Final Investigation Report - Code of Conduct Complaint (IC-13510- 0421) (Wilkins/Dabrowski) Attached is the Integrity Commissioner's report dated July 5. 2021 for the above noted matter. RECOMMENDATION: For the Information of Council. Final Investigation Report - IC-13510-0421 343 - 357 10.9. 358 - 427 Page 8 of 445 Regional Report - Linking Niagara Transit Committee - Niagara Transit Governance - Revised Strategies Reflecting Phase 1 Consultation. Carla Stout, General Manager of Transit Services, is available to speak to this Regional Report should Council have questions. RECOMMENDATION: For the Information of Council. CLK-C 2021-100 LNTC-C 3-2021 10.10. Ontario Ombudsman Report The Ombudsman has completed his investigation into a meeting held by Council for the City of Niagara Falls on October 6, 2020. The report is attached. RECOMMENDATION: That Council receive the report from the Ombudsman’s Office and that all resolutions passed by Council, or its committees, be done at a time whereby the public are able to observe the process and that this include the recording and broadcasting of such during any open portion of a Council meeting, including the passing of any resolution to go In-Camera. Ontario Ombudsman-City of Niagara Falls-Final-July 2021-EN 428 - 436 10.11. Correspondence from the Honourable Sylvia Jones, Solicitor General See attached letter from the Honourable Sylvia Jones, Solictor General RECOMMENDATION: For the Information of Council. 132-2021-2894 SG Outgoing_EN 437 - 438 11. RESOLUTIONS 12. RATIFICATION OF IN-CAMERA 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2021-69 - 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. 439 - 440 Page 9 of 445 2021 JUL13 By-law Enforcement Officers 2021-70 - A by-law to establish Block 55, 59M-414 as a public highway to be known as, and to form part of White Oak Avenue. By-Law to Establish Highway - Block 55, 59M-414 441 2021-71 - A by-law to establish Parts 2 and 3, 59R-16494 as a public highway to be known as, and to form part of Fallsview Boulevard. Establish Public Highway By-law - Parts 2 & 3, 59R16494 (Fallsview Blvd.) 442 2021-72 - A by-law to declare Vacant Land which is the former rail corridor, being Part Stamford Township Lots 74, 76 & 91, Part Road Allowance between Lots 74 & 76 (closed by Bylaw ST16882), Parts 1 to 5, 59R-10728 s/t RO123490, as surplus. By-law - Declare Lands as Surplus (former rail corridor) 443 2021-73 - A by-law to designate Block 3 & Block 9, Registered Plan 59M-474, not to be subject to part-lot control (PLC-2021-001). By-law, PLC-2021-001, Blocks 3 and 9 - Winzen 444 2021-74 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of July, 2021. 07 13 21 Confirming By-law 445 14. NEW BUSINESS 15. ADJOURNMENT Page 10 of 445 The City of Niagara Falls, Ontario Resolution July 13, 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 July 13, 2021, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (a) and (c) 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; (a) the security of the property of the municipality or local board. (c) a proposed or pending acquisition or disposition of land by the municipality THEREFORE BE IT RESOLVED that on July 13, 2021 Niagara Falls City Council will go into a closed meeting prior to their scheduled Meeting of Council that is scheduled at 1:00 p.m., to consider matters that fall under section 239 (2) (a) of the Municipal Act to discuss the security of the property of the municipality related to the City’s Insurance Renewal as well as under section 239 (2) (c) for the proposed conveyance of land within the Montrose Business Park. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 11 of 445 MINUTES City Council Meeting Tuesday, June 22, 2021 at 4:00 PM Council Chambers/Zoom App COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson COUNCIL ABSENT: STAFF PRESENT: Erik Nickel (Acting CAO), Alex Herlovitch, Kathy Moldenhauer, Trent Dark, Ed Lustig, Jon Leavens, Dale Morton, Rosanna Firenze, Heather Ruzylo 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio 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: Jaid Atkinson (Recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 1, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the minutes of June 1, 2021 be approved as recommended. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 23 Page 12 of 445 City Council June 22, 2021 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Mayor Jim Diodati declared a pecuniary interest to cheques #445076 and #445527 as they were both payable to himself. b) Councillor Victor Pietrangelo declared a pecuniary interest to the following cheques: • Cheque #00339-0003, payable to DSBN (Spouse's employer) • Cheque #00339-0004, payable to NCDSB (Victor's employer) c) Councillor Carolynn Ioannoni declared a pecuniary interest to cheque #445298, payable to herself. d) Councillor Wayne Campbell declared a pecuniary interest to cheque #445065, dated April 28, 2021 in the amount of $319.20, payable to himself. e) Councillor Lori Lococo declared a pecuniary interest to the following cheques: • cheque #445107, dated April 28, 2021, in the amount of $152.12 (payable to herself). • cheque #445168, dated May 5, 2021, in the amount of $678.00 (payable to herself). • cheque #445559, dated May 26, 2021, in the amount of $122.12 (payable to herself). All cheques listed above are for reimbursement of expenses including a conference. • cheque #00346-0034, dated May 3, 2021, in the amount of $2,333.33, payable to Niagara Falls Art Gallery (Councillor Lococo sits on the board as a resident). • cheque #00351-0048, dated May 31, 2021, in the amount of $2,333.33, payable to Niagara Falls Art Gallery (Councillor Lococo sits on the board as a resident). Councillor Lori Lococo declared a conflict of interest to the following agenda item: • Item #10.1 - Downtown CIP Request from Downtown BIA • Cheque #00350-0023, dated May 25, 2021, in the amount of $2500.00 (spouse's former employer). 5. MAYOR'S REPORTS, ANNOUNCEMENTS Page 2 of 23 Page 13 of 445 City Council June 22, 2021 a) Mayor Diodati extended condolences on the passing of Antonio Valeo, father of Sam Valeo, Director of Building Services and CBO and to Angela Cuviello, mother-in-law of Lucy Cuviello, retired City employee. b) Mayor Diodati provided the following updates and words of gratitude and appreciation: O Canada Singers - Thank you • A big thank you to the team at Stamford United Church • Sara Maida-Nicol for volunteering her time to source, prepare and record all of the weekly anthem singers • To Rev. Harvey Tobey for the use of the church, the organist • A true team effort GO Train Service to Niagara Falls will resume • Starting again Saturday, June 26th • Four trains will leave Union Station for Niagara each Saturday, Sunday and holiday Mondays this summer • Total of 8 trips per day Shelley Gautier World Championship [photos attached] • Won another World Championship • U.C.I. Paracycling Road World Championships, 2021 • 9th world Championship Win for Shelley • Her first international race in 2 years • Congratulations Shelley • Continue making Niagara Falls proud Farewell to Fire Chief Jim Boutilier • Began his emergency services career with the Niagara District Ambulance Service in 1981 • Joined NF Fire Dept in 1990 as a firefighter • Held many different positions within the Fire Department before being named Chief in 2016 • Stepped up as head of the Community Emergency Management Team o Led us through COVID o Directed a team of staff and o Successfully navigated the City’s direction through pandemic • Well respected among Fire Departments, by staff and in our community Page 3 of 23 Page 14 of 445 City Council June 22, 2021 • We will be sad to see him go • Luckily he has taught everything he knows to our new Chief Jo Zambito • charcuterie board was presented to the Chief. • Chief Jim Boutilier spoke briefly communicating his gratitude to staff and expressing his sincere enjoyment working for the City of Niagara Falls. c) The next Council meeting is scheduled for Tuesday, July 13, 2021. 6. DEPUTATIONS / PRESENTATIONS 6.1. Incident on Chippawa Parkway Mayor Diodati made a presentation to Brian Dell, whom assisted in the rescue of a passenger from a tragic car accident. The following was mentioned to honour Brian: • Last Council Meeting you may remember that we recognized the intervention of one of our SPCA officers in Niagara Falls, Bill Ashcroft • Today, we have the honour of being joined by Brian Dell • Before a tragic car accident on the Parkway in May – Brian and Bill did not know one another • But they became partners in a heroic rescue • In fact, Brian Dell first came across the burning vehicle and stepped in to action to help • While Bill Ashcroft called the fire department • Brian got to work and intervened to pull the passenger to safety • With Bill’s help, they were able to rescue the passenger of the burning vehicle • Though the driver of the vehicle did not survive, the brave actions of two Niagara Falls residents, and Brian’s decision to step in without hesitation, the passenger was saved • Brian Dell—we congratulate you and we thank you • Mayor Diodati presented a small token in appreciation to Brian • Brian spoke briefly mentioning the importance of implementing traffic calming measures in this particular area of the Parkway. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council refer this matter to staff in our Transportation department to investigate the Chippawa Parkway Page 4 of 23 Page 15 of 445 City Council June 22, 2021 regarding implementing traffic calming measures in the vicinity of this accident. Carried Unanimously 6.2. Mayor's Youth Advisory Committee MYAC provided Council with a presentation to include an overview of the year's accomplishments and a brief video of the 2021 MYAC Scholarship Recipients. Vanessa George and Riya Patel, the 2020/21 Co-Chairs, made the presentation. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that Council receive the presentation made by Vanessa George and Riya Patel, the 2020/21 Co-chairs of the Mayor's Youth Advisory Committee (MYAC). Carried Unanimously 6.3. PBD-2021-30 City of Niagara Falls Housing Directions Study Housing Needs and Supply Report Council to receive a presentation by Dillon Consulting, in Association with Tim Welch Consulting. Tim Welch, Ryan Taylor and Kelly Martel was in attendance over Zoom and made the presentation. The report recommends the following: 1. That Council receive the presentation regarding the City of Niagara Falls Housing Needs and Supply Report attached as Appendix I. 2. That Council direct staff to proceed to Phase 2, the development of a Housing Strategy including consultation with the community ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously 7. PLANNING MATTERS Page 5 of 23 Page 16 of 445 City Council June 22, 2021 7.1. PBD-2021-26 AM-2021-002, Zoning By-law Amendment Application 6025, 6035 and 6045 McLeod Road Applicant: 623381 Ontario Inc. (Thomas Newell) Agent: NPG Planning Solutions (Heather Sewell) Two Apartment Buildings with a Total of 39 Dwelling Units The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5C Density (R5C) zone to permit two 3 storey apartment buildings with a total of 39 dwelling units, subject to providing a 9 metre setback from the rear yard lot line, and subject to the other regulations outlined in this report. 2. That the amending by-law not be passed until the land is acquired by the owner of the abutting lands to the west at 6065 McLeod Road (M5V The Niagara Inc.). Heather Sewell, acting as the Agent, from NPG Planning Solutions, asked Council to consider deferring this planning matter. The Public Meeting was closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council defer the proposed development and allow the planners to further continue dialogue with City Staff regarding various technical matters and furthermore, that the report be brought back to Council at either the August 10, 2021 or September 14th, 2021 Council meeting. Carried Unanimously 7.2. PBD-2021-27 AM-2021-004 Zoning By-law Amendment Application 8165 Schisler Road Applicant: William and Donna Warner Agent: J.D. Barnes (Allan Heywood) To Allow Agricultural Purposes Only for Part 2 and Permit a Reduction in Minimum Lot Area for Part 1 Page 6 of 23 Page 17 of 445 City Council June 22, 2021 The report recommends that Council approve the Zoning By-law amendment application to rezone Part 2 a site specific Rural Agricultural (RA) zone to permit agricultural purposes only, to rezone Part 1 a site specific RA zone to permit a reduced minimum lot area of 1.53 acres (0.62 hectares), as shown on Schedule 2. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-27. The Public Meeting was closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 7.3. PBD-2021-28 26CD-11-2021-001 Approval of Draft Plan of Vacant Condominium Forestview Estates, Block 115 Applicant: Marken Homes and Construction (Fausta Marandola) Agent: Upper Canada Consultants The report recommends the following: 1. That the Plan of Standard Condominium be draft approved subject to the conditions in the attached Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-28. Page 7 of 23 Page 18 of 445 City Council June 22, 2021 The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote) 8. REPORTS 8.1. F-2021-35 Low Income Seniors’ Water and Property Tax Rebate The report recommends for the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 8.2. F-2021-36 Insurance Renewal Report The report recommends that Council approve the 2021 -2022 Comprehensive Insurance Program from Intact Public Entities Inc. formerly operating as Frank Cowan Company Limited. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 8.3. HR-2021-07 Code of Conduct Page 8 of 23 Page 19 of 445 City Council June 22, 2021 The report recommends that Council receive the following report for their review and consideration. Councillor Carolynn Ioannoni requested a recorded vote for the following motions. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that Council receive Report HR-2021-07 for review and consideration, including changes made to the attached Code of Conduct, with the exception of item #9.2 (k) pertaining to "gifts," as well as the following paragraph referring to implementing a gift registry. Carried (Councillor Carolynn Ioannoni and Councillor Lori Lococo opposed to the vote and Councillor Victor Pietrangelo was absent from the vote). ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that the Code of Conduct, as included with Report HR-2021-07 amend Section 17.1 (a) to reflect a $500.00 prescribed fee and that Section 17.1 (e) be approved as written with the only change to reflect the $500.00 filing fee. Carried (Councillor Carolynn Ioannoni and Councillor Lori Lococo opposed to the vote and Councillor Victor Pietrangelo was absent from the vote). ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that Section 17.1 (c) of the Code of Conduct be amended to read: "the alleged Code of Conduct violation shall have taken place within 6 weeks of filing the complaint with the Integrity Commissioner and that an alleged Municipal Conflict of Interest violation shall have taken place not more than 6 weeks after the applicant becoming aware of the violation." Carried Unanimously (Councillor Victor Pietrangelo absent from the vote). ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Lori Lococo that the name of any Councillor who is making a Code of Conduct complaint be stated when the complaint is submitted by City Council. Motion Defeated (Councillors Campbell, Dabrowski, Kerrio, Pietrangelo, Strange, Thomson and Mayor Diodati were all opposed to the vote). Page 9 of 23 Page 20 of 445 City Council June 22, 2021 ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Lori Lococo that Section 2.1 (f) of the Code of Conduct be amended to not allow all of City Council to file a Code of Conduct complaint. Motion Defeated (Councillors Campbell, Dabrowski, Kerrio, Pietrangelo, Strange, Thomson and Mayor Diodati were all opposed to the vote). 8.4. L-2021-13 Declare Surplus of Lands Thorold Stone Road Extension – Former Rail Corridor (Part Stamford Township Lots 74, 76 & 91, Part Road Allowance between Lots 74 & 76 (closed by Bylaw ST16882), Parts 1 to 5, 59R- 10728 s/t RO123490) Our File No. 2021-81 The report recommends the following: 1. That in the event Council determines that it is in the public interest to do so, that the Thorold Stone Road Extension (Part Stamford Township Lots 74, 76 & 91, Part Road Allowance between Lots 74 & 76 (closed by Bylaw ST16882), Parts 1 to 5, 59R-10728 s/t RO123490), hereinafter referred to as the “Subject Lands”, as outlined in red on the attached location map, be declared surplus to the City’s needs. 2. That Council approves the conveyance of the Subject Lands to The Region for nominal consideration. 3. That the Mayor and City Clerk and Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendations 1 and 2. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously 8.5. MW-2021-40 Additions to the 2021 Surface Treatment Program The report recommends the following: Page 10 of 23 Page 21 of 445 City Council June 22, 2021 1. That the scope of work for Contract 2021-08 for the 2021 Surface Treatment program be revised to include the pulverization and surface treatment of Garner Road between Mountain Road and Warner Road; and further, 2. That Council approve a budgetary increase of $195,000.00 to the existing $496,474.83 amount approved in the 2021 Capital Budget, resulting in a total project budget of $691,474.83; and that it be funded from pre-approval of a portion of the 2022 Capital Budget. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 8.6. PBD-2021-24 AM-2019-017 Zoning By-law Amendment Application 6642 St. Thomas More Drive Applicant: 1956662 Ontario Inc. Agent: Corbett Land Strategies Inc. (Candice Hood/John Corbett) 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 6642 St. Thomas More Drive, which is currently zoned Residential 1C Density (R1C(H)-122), part, and Residential Mixed (R3(H)), in part, to permit the re-development of the property for residential purposes. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended by removing the H symbol. Carried Unanimously 8.7. PBD-2021-025 26CD-11-2020-003 Proposed Plan of Condominium (Standard) 2626 Mewburn Road Applicant: River Crest Estates Ltd. Agent: DiSanto & Gray LLP (Kimberley Gray) Page 11 of 23 Page 22 of 445 City Council June 22, 2021 The report recommends the following: 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as “approved” 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8.8. PBD-2021-029 Request to Council to consider a Downtown CIP Revitalization Grant, post construction, at 4635 Queen Street Applicant: Dominion Niagara Holdings Inc. Agent: Jon DeLuca The report recommends that the request by Dominion Niagara Holdings Inc. to consider a post construction incentive agent under the Downtown Community Improvement Plan be denied. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be deferred until the July 13, 2021 Council meeting and to invite the applicant or their representative to present on the matter. Carried (Councillor Carolynn Ioannoni and Councillor Lori Lococo were opposed to the vote). 8.9. R&C-2021-07 Sports Wall of Fame Committee Membership Page 12 of 23 Page 23 of 445 City Council June 22, 2021 The report recommends that Council approve the following new members to the Niagara Falls Sports Wall of Fame Committee: • Bonnie Brady, Niagara Falls resident • Jack (John) Hall, Niagara Falls resident ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council approve Bonnie Brady and Jack (John) Hall as new members to the Niagara Falls Sports Wall of Fame Committee. Carried Unanimously 8.10. R&C-2021-08 Green and Inclusive Community Buildings Grant The report recommends the following: 1. That Council receive Report R&C-2021-08 regarding an update on the Green and Inclusive Community Buildings Grant Program and Applications. 2. That Council direct staff to proceed with a Medium Retrofit Project application under this program for the MacBain Community Centre and include the net City/Library share of the costs in the 2022 Capital Budget, if successful. The project will include LED lighting, window glazing and improvements to overall facility accessibility, with an estimated gross project cost of $871,820. 3. That Council further direct staff to proceed with a New Build application under this program for the Chippawa/Willoughby Memorial Arena Multi-Use Complex and include the net City/Library share of the costs in the 2022 Capital Budget, if successful. The project will include a new library addition, energy efficiency and accessibility improvements, with an estimated gross project cost of $19.6 Million. 4. And that if the city receives funding for the Chippawa/Willoughby Memorial Arena Multi-Use Complex, IB Storey Inc. will be retained as Owner's engineer or Prime Consultant on this project due to their knowledge of the facility and past project experience. Kathy Moldenhauer, Director of Recreation and Culture, discussed this report and recommended that Council delete recommendation #4 from the above suggested motion. Page 13 of 23 Page 24 of 445 City Council June 22, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended with the removal of recommendation #4 as a second report will be forthcoming which will further outline the RFP process. Carried Unanimously 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2021-33 Monthly Tax Receivables Report – May The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2021-34 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $65,587,028.17 for the period March 31, 2021 to June 2, 2021. MW-2021-41 Dorchester Road - Parking Control Review The report recommends that a No Parking restriction be established on both sides of Dorchester Road between Barker Street and Crescent Road. MW-2021-42 Huron Street - Parking Control Review Page 14 of 23 Page 25 of 445 City Council June 22, 2021 The report recommends that 2 Hour Parking, 9:00AM to 5:00 PM, Monday to Friday, be established on the north side of Huron Street between Valley Way and Ontario Avenue. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the reports are approved as recommended. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Downtown CIP Funding Request Attached is a letter from the Downtown BIA Board of Management requesting funds from the CIP funding for the repainting of the Downtown Arches. RECOMMENDATION: That the matter be referred to Staff. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the matter be referred to Staff and to bring back a report by the next Council meeting held on July 13, 2021. Carried Unanimously (Councillor Lori Lococo declared a conflict). 10.2. Niagara Regional Housing - 1st Quarter 2021 Report Attached is the Niagara Regional Housing (NRH) Quarterly Report (January 1 - March 31, 2021) for your review. 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 10.3. Fallsview BIA Budget Attached is the Fallsview BIA budget and levy for 2021. RECOMMENDATION: That Council approve the Fallsview BIA annual budget. Page 15 of 23 Page 26 of 445 City Council June 22, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the Fallsview BIA annual budget. Carried Unanimously 10.4. Clifton Hill BIA Budget Attached is the Clifton Hill BIA Budget for 2021. RECOMMENDATION: That Council approve the Clifton Hill BIA budget.. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the Clifton Hill BIA budget. Carried Unanimously 10.5. Resolution - City of Port Colborne - Niagara Central Dorothy Rungeling Airport (NCDRA) Commission Attached is a resolution from the City of Port Colborne regarding the Niagara Central Dorothy Rungeling Airport (NCDRA) Commission. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously 10.6. City of St. Catharines Resolution - Lyme Disease Awareness Month The attached correspondence from St. Catharines City Council regarding a resolution passed on May 31, 2021 about Lyme Disease Awareness Month. RECOMMENDATION: For Council's Consideration. Page 16 of 23 Page 27 of 445 City Council June 22, 2021 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the Niagara Falls City Council support the City of St. Catharines resolution regarding a resolution passed on May 31, 2021 about Lyme Disease Awareness Month. Carried Unanimously 10.7. Special Occasion Permit Request - Campark Resort - Haunt Manor & Holiday Village Phil Van Kleef, from Campark Resorts, is requesting that the City of Niagara Falls declare the annual Haunt Manor event to be held on Saturday, October 2nd through to Sunday, October 31st, 2021 as "municipally significant" in order to assist with obtaining a Special Occasion permit from AGCO. Secondly, a similar request is being made for a new ‘Holiday Village’ for the dates of December 1, 2021to January 1, 2022, to also be declared as “municipally significant” in order to assist with obtaining a Special Occasion permit from AGCO. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls' Council approve the request to declare the annual Haun t Manor event on Saturday, October 2nd through to Sunday, October 31st, 2021 as "municipally significant; furthermore, that Council approve a similar request for the new "Holiday Village" for the period between December 1, 2021 to January 1, 2022, by declaring the event as "municipally significant." Carried Unanimously 10.8. Proclamation Request - Wrongful Conviction Day The International Wrongful Conviction Committee is requesting that the City of Niagara Falls proclaim Saturday, October 2, 2021 as "Wrongful Conviction Day." Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions. This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction. The purpose of this day is to inform Page 17 of 23 Page 28 of 445 City Council June 22, 2021 and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. RECOMMENDATION: That the City of Niagara Falls proclaim Saturday, October 2, 2021 as "Wrongful Conviction Day." ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the City of Niagara Falls proclaim Saturday, October 2nd, 2021 as "Wrongful Conviction Day." Carried Unanimously 10.9. Proclamation Request - Bullying Elimination Week Ryan Doyle, a Canadian Author of an anti-bullying book is requesting that the City of Niagara Falls proclaim May 23 - May 30, 2022 as "Bullying Elimination Week." RECOMMENDATION: That the City of Niagara Falls declare May 23 - May 30th, 2022 as "Bullying Elimination Week." ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that the City of Niagara Falls declare May 23-May 30, 2022 as "Bullying Elimination Week." Carried Unanimously 10.10. Proclamation and Flag-Raising - Office Of the Republic of Cyprus The High Commissioner of the Republic of Cyprus is requesting that the City of Niagara Falls Council declare October 1st, 2021 as "Cypress Day" in Niagara Falls to celebrate the 61st Anniversary of Cyprus Independence by raising the Cyprus Flag. RECOMMENDATION: That the City of Niagara Falls declare Friday, October 1, 2021 as "Cyprus Day" to celebrate the 61st Anniversary of Cyprus Independence by raising the Cyprus Flag. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls declare Friday, October 1, 2021 as "Cyprus Day" to celebrate the 61st Anniversary of Cyprus Independence by raising the Cyprus Flag. Page 18 of 23 Page 29 of 445 City Council June 22, 2021 Carried Unanimously 10.11. Proclamation Request - World Hepatitis Day The Niagara Health System-Hepatitis C Care Clinic is making a request for the Niagara Falls Council to proclaim July 28, 2021 as "World Hepatitis Day" in the City of Niagara Falls. RECOMMENDATION: That Council approve the request to proclaim Wednesday, July 28th, 2021 as "World Hepatitis Day." ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council approve the request to proclaim Wednesday, July 28, 2021 as "World Hepatitis Day." Carried Unanimously 10.12. Lundy's Lane BIA - 2021 Budget Attached is the Lundy's Lane BIA 2021 Budget for Council approval. RECOMMENDATION: That Council approve the Lundy's Lane BIA 2021 Budget. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the Lundy's Lane BIA 2021 Budget. Carried Unanimously 10.13. MP seeking endorsement for Motion M-84 Anti-Hate Crimes and Incidents & Private Member's Bill C-313 Banning Symbols of Hate Act. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council supports the endorsement for Motion M-84 Anti-Hate Crimes and Incidents & Private Member's Bill C-313 Banning Symbols of Hate Act. Page 19 of 23 Page 30 of 445 City Council June 22, 2021 Carried Unanimously 10.14. Food Truck Relief - Firemen's Park The Executive for the SCVFA are requesting 3 food trucks in the parking lot to cater to park visitors. RECOMMENDATION: That Council give direction to Staff to work with the SCVFA to allow for up to three (3) food trucks on the property of Firemen's Park. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council give direction to staff to work with the SCVFA to allow for up to three (3) food trucks on the property of Firemen's Park. Carried Unanimously 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2021- 64 - A by-law to authorize the payment of $65,587,028.17 for General Purposes. 2021- 65 - 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- 66 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking) 2021- 67 - A by-law to amend By-law No. 2020-056, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands municipally known as 6642 St. Thomas More Drive(AM-2019-017). 2021- 68 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of June, 2021. Page 20 of 23 Page 31 of 445 City Council June 22, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried Unanimously 1 RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council authorize staff to obtain additional insurance coverage as outlined in the open Council meeting report F-2021-36. Carried Unanimously 12. NEW BUSINESS a) Appreciation and thank you to United States - Gifting of Moderna Vaccines ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council direct staff to send a letter of gratitude to the United States government to thank them for gifting Canada 1 million doses of Moderna; furthermore, to request that the Niagara Falls Illumination Board light the Falls red, white and blue to show are appreciation for this generous gift. Carried Unanimously b) Flag-Raising - Canadian athletes at the Summer Olympics ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council approve a flag raising ceremony for the Tokyo Summer Olympics to honour the Canadian athletes, to be held the morning of Friday, July 23rd, 2021. Furthermore, to request that the Niagara Falls Illumination Board light the Falls the 5 colours of the Olympic rings to recognize the opening of the Olympics on the evening of July 23, 2021. Page 21 of 23 Page 32 of 445 City Council June 22, 2021 Carried Unanimously (Councillor Wayne Campbell and Councillor Carolynn Ioannoni were absent from the vote). c) Vegetable Gardens - Front lawn regulations ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that staff bring a report back to Council to include information pertaining to residents planting vegetable gardens in the front yards of their property. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Wayne Campbell were absent from the vote). d) Ice Cream Trucks ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Vince Kerrio that staff bring a report back to Council on allowing ice cream trucks to operate on City property and that the report include the history and challenges of issuing licenses and that all the City's BIA's be contacted for comment. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Wayne Campbell were absent from the vote). e) Purchase of Books (Municipal World) - Tucker Goes to City Hall (A Kid's Guide to Local Government) ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that the City purchase 15 copies of "Tucker Goes to City Hall (A Kid's Guide to Local Government) to give away to interested parties via some sort of promotion and to also refer the book to our local library. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 13. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 8:28 PM. Page 22 of 23 Page 33 of 445 City Council June 22, 2021 Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). Mayor City Clerk Page 23 of 23 Page 34 of 445 Chippawa Boat Ramp Park Chippawa Willoughby Memorial ArenaSODOM RDW E I N B R E N N E R R D Chippawa Lions Park L Y O N S C R E E K R D George Bukator Park STANLEYAVEM A IN S T Additional parking Chippawa Arena Pull out of the Chippawa Boat Ramp Park and turn left (northeast) on Lyons Creek Road (turns into Main Street) Turn right onto Sodom Road Destination will be on your left 3970 Welland Street Pull out of the Chippawa Boat Ramp Park and turn left (northeast) on Lyons Creek Road (turns into Main Street) Turn right onto Sodom Road Turn left onto Welland Street W E L L A N D S T C H I P P A W A P W K Y 1 minute drive 7 minute walk Destination will be on your right Chippawa Lions Club 1.5 minute drive 9 minute walk 9000 Sodom Road Alternate soft launch George Bukator Park 4 minute drive Not advised due to distance 6040 Chippawa Parkway Pull out of the Chippawa Boat Ramp Park and turn right (southwest) on Lyons Creek Road Turn right onto Stanley Avenue Turn left onto Chippawa Parkway Additional parking, municipal pool* and splash pad CHIPPAWA BOAT RAMP PARK ALTERNATIVES THE CITY OF NIAGARA FALLS Nearby splash pad locations: Chippawa Lions Park (3970 Welland Street) Patrick Cummings Park (8965 Willoughby Drive) Patrick Cummings Park Splash pads open daily from 9 a.m. to 8 p.m. *Public swim is available from 1pm to 6pm, daily. Page 35 of 445 K A R E N J O S H U A N A T A L I E N O L I F E G U A R D S O N D U T Y ! U S E A T O W N R I S K . C A U T I O N ! S T R O N G A N D U N U S U A L C U R R E N T S E X I S T I N T H E W E L L A N D R I V E R . I N C A S E O F E M E R G E N C Y , C A L L 9 1 1 . M O T O R B O A T S , G I V E W A Y W H E N A P P R O P R I A T E . A L C O H O L C O N S U M P T I O N I S P R O H I B I T E D . H E A L T H A N D S A F E T Y G U I D E L I N E S T H E C I T Y O F N I A G A R A F A L L S T H A N K Y O U F O R Y O U R C O O P E R A T I O N Page 36 of 445 PBD-2021-36 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-36 OPA & AM-2021-013 Employment Lands Strategy Report on the Proposed Official Plan and Zoning By-law Amendments and the Open House Meeting and Statutory Public Meeting RECOMMENDATION That Council receive the comments of the public and refer to staff to be addressed in the preparation of official plan and zoning by-law amendments that implements the Employment Lands Strategy for consideration and adoption at a Council date in Fall 2021. EXECUTIVE SUMMARY This report was brought forward by staff to provide Council with information on the process, timing and intent of the future draft Official Plan and Zoning By-law amendments (Appendix 1 and 2) for the City’s employment land. The report also frames the Statutory Public Meeting being held on July 13, 2021. This is consistent with Council’s obligations for the City’s Official Plan as stipulated by the Planning Act. The main purpose of these amendments is to implement the findings of the Employment Lands Strategy Phase 2 report. The amendments update existing policies and introduce new policies within the City of Niagara Falls’ Official Plan and identifies specific properties that may be added or removed from the employment lands supply through an amendment to the Zoning By-law. BACKGROUND The City of Niagara Falls is undertaking an Employment Lands Strategy. A key objective of the Strategy is to assess the City’s long term employment land needs to the year 2051, while also considering the adequacy and marketability of the City’s shovel ready employment lands in the near term. Ultimately, the Strategy is trying to ensure that the City has the appropriate amount of developable employment land in the right location to meet forecasted industrial demand to the year 2051 with a supportive policy framework in the City’s Planning documents. Page 37 of 445 2 PBD-2021-36 July 13, 2021 What are Employment Areas and Lands? Employment lands are those lands designated Industrial in the City’s Official Plan and can include light, medium and heavy industrial lands organized into business parks o r as a stand alone use. Employment lands can exist both inside and outside of employment areas. Employment areas can be defined as areas designated in an official plan for clusters of business and economic activities including but not limited to manufact uring, warehousing, offices and associated retail and ancillary uses. The City of Niagara Falls contains seven different employment areas located throughout the City’s urban area which will need to be mapped in the City’s Official Plan. Most of Niagara Fal ls employment lands exist within employment areas, with some designated employment lands lying outside of employment areas yet within the City’s urban area. Why are Employment Lands Important? Employment lands, home to many of the City’s large private se ctor employers, form a vital component of the City’s land use structure and are an integral component of the City’s economy. Employment lands in the City are home to approximately 320 businesses employing roughly 6,800 people concentrated mainly in the man ufacturing sector. With a broad employment lands base, the City is better positioned to build a more balanced, competitive and complete community. Businesses located on employment lands generate relatively strong economic spin-offs and help diversify the City’s tax assessment base. Employment Lands Strategy Phase 2 Results On April 20, 2021, through PBD 2021-18, Council was provided with the results of the City of Niagara Falls Employment Lands Strategy Phase 2 Report. With an estimated forecast of 2,990 jobs assigned to employment areas by the year 2051, it was determined that the City will have an employment land shortfall of approximately 60 gross hectares (147 gross acres) resulting in a need to designate additional lands to house future industrial job growth. Accordingly, the Phase 2 report recommended that the City explore new lands for a future employment area designation to accommodate the long term employment forecast. The Phase 2 report also assessed a number of previously known candidate employment land sites where the properties are not used or suitable for continued industrial use. Within the framework of the 2019 Growth Plan and 2020 Provincial Policy Statement as well as a site specific evaluation based on a broad range of criteria , draft Page 38 of 445 3 PBD-2021-36 July 13, 2021 recommendations were made on the known candidate sites as to whether they should retain their industrial designation. The proposed Official Plan Amendment will implement the findings of the Employment Lands Strategy Phase 2 report with text and mapping changes. The proposed zoning amendment will identify specific lands to be add to the industrial land supply as well as lands that may be converted to a non-employment use ANALYSIS/RATIONALE The draft amendments propose to update existing policies and introduce new policies within the City’s planning documents respecting employment lands to implement the recommendations of the City of Niagara Falls Lands Strategy. The amendments apply to all lands within the City of Niagara Falls currently designated for employment (industrial) uses as well as those lands proposed to be re-designated as part of this amendment, either from a current employment (industrial use) to a new land use or f rom an existing land use to an employment land use. Proposed Draft Amendments in More Detail Official Plan: Text Changes  Updates the Official Plan’s Section 8 to address issues of consistency and conformity with the 2019 Provincial Growth Plan, 2020 Provincial Policy Statement and Niagara Region Official Plan, as well as a general reorganization to improve readability.  Replacement of the word ‘Industrial' with the word ‘Employment’ and other clarifications respecting employment land and employment are as. Mapping Changes  Schedule A- Land Use Plan is amended to illustrate the City’s designated employment lands.  Schedule A-5 – Transit Station Area Land Use Plan is amended to illustrate the recommended conversion (Bridge Street, east of Victoria Avenue and south of the rail corridor) from Industrial to Mixed Use  Addition of a new Schedule A-7 depicting the City’s employment lands, Employment Areas, the Gateway Economic Zone and Region’s Employment Area overlay.  A number of deferrals are identified on Sch edule A and A-7 which deal with matters that will require resolution through the Region’s Municipal Comprehensive Review and new Official Plan process. Page 39 of 445 4 PBD-2021-36 July 13, 2021  Map 4 will not form part of the Amendment but identifies the specific areas of change and is to be used for illustrative purposes. Zoning By-law: Mapping Changes Specific properties have been identified through the draft zoning by-law amendment that will be considered for a land use designation change to implement the findings of the Employment Lands Strategy.  Lands generally located east of the QEW, north of Lyon’s Creek, south of the Welland River and west of Stanley Avenue to be added as future employment lands to address the future needs of the City. These lands are also proposed to be removed from Zoning By-law 395 and included within Zoning By-law 79-200.  The conversion of certain lands from industrial to non -employment uses where the properties are not used or suitable for continued industrial use (existing uses would continue to be permitted) including: - Lands located at the south east intersection of Portage Road and ValleyWay; - Lands located south east of the intersection of Kalar Road and Beaverdams Road; - Lands located east of the intersection of Victoria Avenue and along the north side of Bridge Street; and, - Lands at 9304 McLeod Road located east of Beechwood Road. Public and Stakeholder Engagement To date, consultation has entailed interviews with key stakeholders to better understand the current state of City’s employment lands in terms of their market supply potential, relative strengths and weaknesses by geographic location, and overall market competitiveness. Key stakeholders interviewed included Region and City staff, industrial brokers and local industrial based employers. Broad consultation was initiated by making a copy of the draft amendment available for public and agency review on June 19, 2021. As part of the consultation process the notice of public open house and statutory public meeting was placed in the Niagara Falls Review, on the City’s webpage and was mailed out to all property owners impacted by the amendment. An Open House was held on June 29th where 16 people participated and submitted oral comments. Comments received from members of the public at both the open house and the statutory public meeting being held today will be brought forward to Council for consideration with the final recommendation report in the Fall. Page 40 of 445 5 PBD-2021-36 July 13, 2021 Process and Next Steps No recommendation is being made on the proposed amendments at this time. The statutory public meeting is a critical avenue to allow residents, business owners and agencies to make their view on the amendments known. The proposed amendments have been circulated to all internal City departments, external review agencies and all land owners impacted by the amendment for comment. All comments submitted on the draft amendments including those received from the statutory public meeting will be summarized and responded to by staff through the recommendation report that is scheduled for a Council session in the Fall. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Employment Lands Strategy is jointly funded through the 2020/2021 Council approved Economic Development and Planning operating budgets. There are no direct financial implications arising from this report. CITY’S STRATEGIC COMMITMENT The development of an Employment Lands Strategy is consistent with the City’s Strategic priority of a Vibrant and Diverse Economy. LIST OF ATTACHMENTS  Appendix 1 – Draft Official Plan Amendment  Appendix 2 – Draft Zoning By-law Amendment Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer BD:cv Attach. S:\PDR\2021\PBD-2021-36, AM-2021-013, Employment Lands Strategy OPA ZBA Public Meeting.docx Page 41 of 445 CITY OF NIAGARA FALLS By-law No. 2021-XXX A by-law to provide for the adoption of Amendment No.XXX to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1.The attached text constituting Amendment No.XXX to the City of Niagara Falls Official Plan is hereby adopted. 2.This by-law will come into force and effect on the day of the approval of the amendment by the Regional Municipality of Niagara. Passed this twenty-seventh day of <month>, 2021. .............................................................................................................................. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 42 of 445 OFFICIAL PLAN AMENDMENT NO.XXX PART 1 –PREAMBLE (i)Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Official Plan respecting employment lands to implement the recommendations of the City of Niagara Falls Employment Lands Strategy. (ii)Location of the Amendment The amendment applies to all lands within the City of Niagara Falls currently designated for employment (industrial) uses as well as those lands proposed to be re-designated as part of this amendment, either from a current employment (industrial use)to a new land use or from an existing land use to an employment land use. (iii)Details of the Amendment Map Change Schedule A is amended to illustrate the City’s designated employment lands. The ‘Industrial’ land use designation within the legend of Schedule A is amended such that the word ‘Industrial’ is replaced with the word ‘Employment’ Schedule A-5 is amended to illustrate the recommended conversion within the Transit Station Secondary Plan Schedule A-7 is a new schedule depicting the City’s empl oyment lands, Employment Areas, the Gateway Economic Zone and the Region’s Employment Area overlay A number of deferrals are identified on Schedule A and A-7 which deal with matters that will require resolution through the Region’s Municipal Comprehensive Review and New Official Plan process. Map 4 to Amendment No. XX does not form part of this Amendment, but identifies the specific areas of change and is to be used for illustrative purposes Text Change The amendment updates Section 8-Industrial of the Official Plan to address issues of consistency and conformity with Provincial and upper-tier plans, as well as general reorganization Minor revisions were made throughout the Official Plan, related to the replacement of the word ‘Industrial’ with the word ‘Employment’ and other clarifications respecting employment lands and Employment Areas. Page 43 of 445 (iv)Basis of the Amendment Watson & Associated Economists Ltd (Watson), in partnership with Dillon Consulting Ltd (Dillon), and MDB Insight Inc. (MDB), were retained in the winter of 2020 by the City of Niagara Falls to conduct an Employment Lands Strategy with the intent to provide a long-term vision and planning policy framework for the City to enhance the competitive position for industrial and office employment. The study assessed the City’s long-term employment land needs to the 2051 planning horizon, considered the adequacy and marketability of the City’s ‘shovel-ready’ employment lands in the near-term, and provided a number of policy recommendations for implementation to achieve consistency, conformity and alignment with upper-tier and provincial planning policy. The Niagara Falls Employment Land Strategy was subject to a number of stakeholder sessions, as well as a public consultation process on the proposed recommendations and implementing amendments to the Official Plan and Zoning By-law. The Statutory Public meeting under the Planning Act was held on DATE, 2021 Page 44 of 445 PART 2 -BODY OF THE AMENDMENT All of this part of the document entitled PART 2 –Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No.XXX to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1.MAP CHANGES a)SCHEDULE A –LAND USE PLAN of the Official Plan is amended by revising the legend to replace the word ‘Industrial’ with the word ‘Employment’ and identifying the City’s Employment Lands as shown on the map attached entitled “Map 1 to Amendment No. XX b)A new SCHEDULE A-7 –NIAGARA FALLS EMPLOYMENT LANDS is added as shown on the map attached entitled “Map 2 to Amendment No. XX”. c)Schedule A-5-TRANSIT STATION SECONDARY PLAN is amended by redesignating a portion of the lands currently identified as ‘Employment’ to ‘Mixed Use 2’ as shown on the map attached entitled “Map 3 to Amendment No. XX” d)Deferrals shown on Map 1 and Map 2 to Amendment No. XX may be lifted subject to approval by the Regional Municipality of Niagara 2.TEXT CHANGES a)TABLE OF CONTENTS is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’ b)PART 1, SECTION STRATEGIC POLICY DIRECTION is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “…In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non-employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependent on cross-border trade and the movement of goods.It is the intent of this Plan to identify these areas and protect them for future employment. Schedule A-2 7 identifies the Gateway Economic Zone, which are is comprised of the total geographic area of lands within the Urban Area Cities of Niagara Falls and Fort Erie, which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region.Lands within the Niagara Economic Gateway are preferred for the identification of future Page 45 of 445 Employment Areas and Provincially Significant Employment Zones.It is the intent of this Plan to identify these areas and protect them for future employment.” c)PART 1, SECTION 2, GROWTH OBJECTIVES is amended by replacing the word ‘Industrial’ with the word ‘Employment’ within Objective 12 d)PART 1, SECTION 2, POLICY 2.7 is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “2.7 The City shall identify lands Employment Areas located within the Urban Area along the Queen Elizabeth Way,are identified on Schedule A-7. Lands within these Areas are to be protected for employment uses under the Gateway Economic Zone directive of the Province.The City may identify future employment areas where required,which would become an Employment Area following a settlement area boundary expansion exercise.” e)PART 1, SECTION 3, INTENSIFICATION, POLICY 3.10 is amended by replacing the word ‘Industrial Areas’ with the word ‘Employment Areas’ f)PART 1, SECTION 3,INTENSIFICATION, POLICY 3.16.12 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ g)PART 1, SECTION 3, INTENSIFICATION, POLICY 3.20 is amended by adding the word ‘and’ after the word ‘service commercial’ and before the word ‘employment’; and, deleting the words ‘and industrial’ after the word ‘employment’ and before the word ‘uses’ h)PART 1, SECTION 3, INTENSIFICATION, POLICY 3.20 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ i)PART 2, SECTION 1, POLICY 1.16.3 (vi) is amended by replacing the word ‘industrial’ with the word ‘employment’ j)PART 2, SECTION 4, POLICY 4.1.4 is amended by replacing the word ‘PART 2’ with the word ‘PART 4’; and, replacing the phrase ‘Sections 2.9 and 2.10’ with ‘Section 8’ k)PART 2, SECTION 4, POLICY 4.2.7.1 a) is amended by replacing the word ‘industrial’ with the word ‘employment’ l)PART 2, SECTION 8, is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’ m)PART 2, SECTION 8, PREAMBLE is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: It is the intent of this Plan to provide opportunities for the expansion of existing industry and the stimulation of new industrial growth.Employment lands and Employment Areas within the City will provide a diverse collection of parcels and opportunities for Greenfield development and intensification of existing Page 46 of 445 employment sites in order to allow the City competitively respond to market demands and meet employment needs to 2051. The City’s Employment Areas and employment lands are shown together on Schedule A-7-Niagara Falls Employment Lands. To this end, tThe policies of this Plan promotes infilling and redevelopment within established industrial districtsEmployment Areas in the Built-up Area, as well as the progressive development of landsvacant employment lands within the Built-up area and within the Greenfield Area for new industry and employment uses. In accommodating the changing needs of industry and business growth trends, emphasis will be placed on improved aesthetics and environmental quality, including measures which will safeguard the integrity of adjacent land uses. The proximity of employment uses to residential and other uses is, however, critical in the future growth of the City as a complete community. The contribution of industry to employment and economic growth and diversity is clearly recognized in this Plan. In order to maintain a strong and competitive industrial resource base, programs which provide for the enhancement of industrial districtsEmployment Areas and the attraction of new firms will be pursued. n)PART 2, SECTION 8, POLICIES is deleted and replaced with the following: 8.1 The City’s Employment Areas and employment lands are shown together on Schedule A7-Niagara Falls Employment Lands. 8.2 The Province may identify Provincially Significant Employment Zones and provide specific direction for planning within an identified Provincially Significant Employment Zone to be implemented through appropriate Official Plan policies, designations and economic development strategies. The City will work with the Region and the Province to identify, plan for, and protect Provincially Significant Employment Zones. 8.3 While the Province has not identified any Provincially Significant Employment Zone within the City of Niagara Falls, the City will integrate any identified Provincially Significant Employment Zone into Schedule A-7 of the Official Plan. Any updates to the Official Plan mapping respecting a PESZ to reflect changes made by the Province can be completed without the need for an Amendment to this Plan. 8.4 Council will cooperate with the Region in promoting development of the City’s employment lands. Furthermore, Council may pass by-laws, acquire and develop lands or otherwise ensure an adequate supply of serviced land is available for prospective employment developments. 8.5 The City will take a co-ordinated approach to planning for large areas with high concentrations of employment that cross municipal boundaries and are major trip generators, including co-ordination on matters such as transportation demand management and economic development. Page 47 of 445 8.6 The development of new employment uses on vacant employment lands within the City’s Urban Area is encouraged. 8.7 The redevelopment and intensification of existing employment uses within the Built-up Area with uses that are compatible with surrounding land uses is encouraged. 8.8 The primary uses permitted in areas designated on Schedule "A" as Employment will be for employment uses. In this regard, an employment use is defined as manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laboratory and research, and storage.All forms of service industries and utilities are included within this definition. Adult entertainment parlours and body-rub parlours will also be permitted within the employment designation subject to other policies of this plan. In addition, the following uses may be permitted on employment lands, subject to the policies of Subsection 8.14. 8.8.1 Uses that are ancillary to an employment use, including offices, retail and wholesale showrooms and outlets for products produced on the premises. 8.8.2 Commercial services such as, but not limited to, banks, restaurants, convenience retail outlets, material suppliers, which are incidental to the Employment Area, servicing industries and their personnel. 8.8.3 Corporate and business offices. 8.8.4 Health and fitness facilities, conference centres and private clubs. 8.9 Several categories of employment land uses will be established in the Zoning By-law to accommodate a variety of activities ranging from heavy industrial to prestige employment uses. Moreover,employment zones will be arranged in a gradation with the lighter, more prestige type uses located near residential areas and other sensitive land uses. In the zoning of lands for employment purposes, regard will be had to the following objectives. 8.9.1 To group employment uses with similar characteristics and performance standards. 8.9.2 To provide a suitable environment for employment uses, free from interference and restriction by other uses. 8.9.3 To minimize potential land use conflicts caused by the indiscriminate mixing of heavier and light industrial types. 8.9.4 To protect adjacent lands, particularly residential areas from the effects of incompatible uses. Page 48 of 445 8.9.5 General Industrial or Heavy Industrial zones will be separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. 8.10 In order to maintain land use compatibility, within Employment Areas planned for industrial or manufacturing uses, residential uses and other sensitive land uses that are not ancillary to the primary employment uses are prohibited and an appropriate transition to adjacent non-employment areas should be provided. 8.11 Development proposals for employment uses on designated employment lands shall be planned and developed to avoid, or if avoidance is not possible, minimize potential adverse effects from odour, noise and other contaminants, minimize the risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial standards, guidelines, standards and procedures. 8.12 Where avoidance is not possible in accordance with Policy 8.11, the long- term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted where the following are demonstrated: 8.12.1 there is an identified need for the proposed use; 8.12.2 alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; 8.12.3 adverse effects to the proposed sensitive land use are minimized and mitigated; and, 8.12.4 potential impacts to industrial, manufacturing or other uses are minimized and mitigated. 8.13 Uses which are offensive or dangerous to the general health, safety and welfare of community residents shall only be permitted through site specific zoning amendments, where deemed appropriate. 8.14 Council will entertain amendments to the Zoning By-law to permit the establishment of free-standing offices, recreational and commercial services and other complementary land uses within Employment Areas that are not planned for industrial or manufacturing uses in order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. Page 49 of 445 8.14.1 Employment Areas are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in considering the use of Employment Areas for non-employment purposes in order to promote employment as the predominant land use. 8.14.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for employment and business uses which require visual prominence and which foster a good impression of the community. 8.14.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall not be allowed to proliferate along arterial road frontages. 8.14.4 Commercial and office developments generate higher densities of employment and use by the public. Where such development is proposed, Council will ensure that appropriate provision is made for on-site parking, traffic circulation, transit and pedestrian safety. Where appropriate, the City will encourage a variety of transportation demand management measures for higher density employment uses. 8.14.5 The integration of industries, businesses and other complementary land uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. 8.15 In order to ensure that obsolete industrial buildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development. 8.16 Adequate vehicular access, off-street parking and loading facilities will be required in clearly defined areas for all development and redevelopment within Industrial zones. Where possible, development plans for new employment uses or the expansion of existing employment uses should seek to minimize surface parking, where possible, and provide a high quality design of surface parking on the site. 8.17 Development proposals for lands adjacent to existing industrial uses are encouraged to integrate the design and dimensions of structures, parking areas and access points with those of the adjacent uses. 8.18 As far as possible, traffic generated by employment uses will be prohibited from penetrating designated Residential areas. 8.19 Signs in Employment Areas will be regulated by appropriate by-laws in order to avoid conflicts with effective traffic control and the general amenity of the area. Page 50 of 445 8.20 In order to enhance the viability of Employment Areas, Council, where feasible and deemed appropriate, will encourage the appropriate authorities to establish, maintain and improve the accessibility of Employment Areas through the provision of highways, arterial roads, bridge, rail and public transit services. 8.21 Council will encourage and, where feasible, assist in the relocation of uses not permitted in areas designated for employment purposes and in the relocation of existing industries located outside of designated employment lands and Employment Areas into such areas. 8.22 Council will encourage and where feasible, assist in programs for the improvement of the appearance and amenity of employment lands and Employment Areas. 8.23 (OPA #45, approved January 2003) Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body-rub parlours currently exist throughout various geographic areas of the City. It is the intent of this Plan to provide guidance and direction with respect to appropriate areas of any new licensed adult entertainment parlours and body-rub parlours or their relocation. Generally, adult entertainment parlours and body-rub parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body-rub parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban areas. In order to minimize adverse effects, adult entertainment parlours and body-rub parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body-rub parlour or adult entertainment parlour. The 300-metre separation distance noted above shall not apply in cases where the QEW, hydro canal and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body-rub parlour Page 51 of 445 buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. Notwithstanding this policy, the property municipally known as 8675 Montrose Road (Sam's Montrose Hotel), situated at the southwest corner of Montrose Road and Chippawa Creek Road, is excluded from the 100- metre setback requirement from the QEW. In addition to the above, neither adult entertainment parlours or body-rub parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development of a Christian resort commercial development. These lands are also considered as a sensitive land use and adult entertainment parlour and body-rub parlour buildings shall be separated from these lands by a minimum distance of 300 metres. Further, the industrial employment lands situated along the north side of Bridge Street, east of Victoria Avenue, are not suitable for an adult entertainment parlour or body-rub parlour. It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body-rub parlours within one geographic area of the City. In order to avoid clustering, the City's zoning by-law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body-rub parlours.” o)PART 2, SECTION 8, GREENFIELD AREA is amended by renumbering Policy 8.5 to Policy 8.24 and replacing the word ‘industrial’ with the word ‘employment’ p)PART 2, SECTION 8, GREENFIELD AREA is amended by renumbering Policy 8.6 to Policy 8.25 and subsequently renumbering the sub-policies accordingly q)PART 2, SECTION 8, GREENFIELD AREA Policy 8.25.4 (former Policy 8.6.4) is amended by replacing the word ‘industrial’ with the word ‘employment’ r)PART 2, SECTION 8, GREENFIELD AREA is amended by renumbering Policy 8.7 to Policy 8.26 and subsequently renumbering the sub-policies accordingly s)PART 2, SECTION 8, QEW EMPLOYMENT CORRIDOR is amended by renumbering Policy 8.8 to Policy 8.27 and subsequently renumbering the sub- policies accordingly t)PART 2, SECTION 8, GREENFIELD AREA Policy 8.27 (former policy 8.8) is amended by modifying the second and third paragraphs as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “The corridor, located along the QEW as shown on Schedule A-2 and Schedule A- 7 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under-utilized parcels within the Built-up Area. This corridor, given its exposure and accessibility to the Page 52 of 445 QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe.The urban areas of Niagara Falls and Fort Erie are identified as the Gateway Economic ZoneThe Gateway Economic Zone is comprised of the total geographic area of the municipalities of Niagara Falls and Fort Erie, including all major goods movement facilities and corridors identified by the Region.whichThe Gateway Economic Zone is to be developed to support economic diversity and the promotion of cross-border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non- employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City.” u)PART 2, SECTION 8,GENERAL POLICIES is deleted in its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through Modification “m)”of this document. v)PART 2, SECTION 8, amended by adding a new sub-section,EMPLOYMENT CONVERSIONS, as shown below: “EMPLOYMENT CONVERSIONS 8.28 The City may permit the conversion of lands within Employment Areas to non-employment uses but only through a municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 8.30 and where it meets at least one of the following strategic objectives: 8.28.1 promotes brownfield redevelopment; 8.28.2 addresses issues related to land use incompatibility; 8.28.3 provides affordable housing; or, 8.28.4 meets any of the other strategic policies of this Plan. 8.29 The conversion of lands within Employment Areas to non-employment uses may be permitted only through a Municipal Comprehensive Review where it is demonstrated that Page 53 of 445 8.29.1 there is a need for the conversion; 8.29.2 the lands are not required over the horizon of this Plan for the employment purposes for which they are designated; 8.29.3 the City will maintain sufficient employment lands to accommodate the forecasted employment growth to 2051; 8.29.4 the proposed uses would not adversely affect the overall viability of the Employment Area or the achievement of the minimum intensification and density targets of this Plan and the Growth Plan, as well as any other applicable policies of this Plan and the Growth Plan; 8.29.5 there is existing or planned infrastructure in place to accommodate the proposed use; and, 8.29.6 cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. 8.30 Notwithstanding Policy 8.29, until the next Municipal Comprehensive Review, lands within existing Employment Areas may be converted to a designation that permits non-employment uses, provided the conversion would: 8.30.1 Satisfy the requirements of Policy 8.28; 8.30.2 Satisfy the requirements of Policies 8.29.1, 8.29.2 and 8.29.6; 8.30.3 Maintain a significant number of jobs on those lands through the establishment of development criteria; and, 8.30.4 Not include any part of an Employment Area identified as a Provincially Significant Employment Zone unless the part of the Employment Area is located within a Major Transit Station Area as delineated in the Growth Plan. 8.31 Conversion of brownfield sites to non-employment uses, where the removal of the employment land is consistent with a Municipal Comprehensive Review, may be considered through an amendment to this Plan where at least one of the following criteria are met: 8.31.1 the reduction or elimination of any long-standing land use compatibility issues with surrounding conforming uses; 8.31.2 provision of affordable housing; 8.31.3 contributing to a mix of housing types and densities in the planning area; or; Page 54 of 445 8.31.4 the provision of facilities that assist in the development of a complete community. 8.32 The City may consider conversion of employment lands located outside of an Employment Area, subject to ensuring space is retained for a similar number of jobs to remain accommodated on the site and compliance with the criteria outlined in Policy 8.28 w)PART 2, SECTION 13, 13.4 SPECIAL POLICY AREA “4” is amended by replacing the word ‘Industrial’ with the word ‘Employment’ x)PART 2, SECTION 13, 13.7 SPECIAL POLICY AREA “7” is amended by replacing the word ‘employment area’ with the word ‘Employment Area’ y)PART 2, SECTION 13, Policy 13.7.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances z)PART 2, SECTION 13, Policy 13.7.1.1 i) is amended by replacing the word ‘Industrial’ with the word ‘Employment’ aa)PART 2, SECTION 13, Policy 13.7.1.4 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ bb)PART 2, SECTION 13, 13.15 SPECIAL POLICY AREA “15” is amended by replacing the word ‘industrial’ with the word ‘employment’ cc)PART 2, SECTION 13, 13.25 SPECIAL POLICY AREA “25” is amended by replacing the word ‘Industrial’ with the word ‘Employment’ dd)PART 2, SECTION 13, 13.34.6 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ ee)PART 2, SECTION 13, Policy 13.44.4 is amended by replacing the words ‘employment areas’ with the words ‘Employment Areas’ ff)PART 2, SECTION 13, Policy 13.44.5 is amended by replacing the word ‘industrial’ with the word ‘employment’ in both instances gg)PART 2, SECTION 13, Policy 13.51.4 is amended by replacing the word ‘industrial’ with the word ‘employment’ hh)PART 2, SECTION 13, Policy 13.56.2.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ in both instances; and replacing the word ‘properties’ with the word ‘property’ ii)PART 2, SECTION 13, 13.57 SPECIAL POLICY AREA “57” is amended by replacing the word ‘Industrial’ with the word ‘Employment’ jj)PART 2, SECTION 13, Policy 13.57.2.2 b) is amended by replacing the word ‘Industrial’ with the word ‘Employment’ Page 55 of 445 kk)PART 2, SECTION 13, Policy 13.57.2.2 c) is amended by replacing the word ‘industrial’ with the word ‘employment’ ll)PART 2, SECTION 13, 13.62 SPECIAL POLICY AREA “62” is amended by replacing the word ‘Industrial’ with the word ‘Employment’ mm)PART 2, SECTION 13, Policy 13.62.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances nn)PART 3, SECTION 1, Policy 1.5.6 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in both instances oo)PART 3, SECTION 2, Policy 2.3.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ pp)PART 3, SECTION 6, Policy 6.7.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ qq)PART 3, SECTION 7, Policy 7.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ rr)PART 3, SECTION 7, Policy 7.3 ii) is amended by replacing the word ‘industrial’ with the word ‘employment’ in all instances ss)PART 4, SECTION 2, Policy 2.3.11 is amended by replacing the word ‘industrial’ with the word ‘employment’ tt)PART 4, SECTION 2, Policy 2.6.10 is amended is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “2.6.10 Compliance with the applicable policies of Section 8,a Comprehensive Review prepared by the City when considering the conversion of eEmployment aAreas including an area of employment, to another land use category, except where the conversion is proposed within an area identified as a Community Improvement Plan Area in this Plan in which case a Comprehensive Review as defined by the Provincial Places to Grow Growth Plan has been initiated or adopted by the City.” uu)PART 4, SECTION 2, EMPLOYMENT LAND CONVERSIONS is deleted in its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through Modification “U”of this document. vv)PART 4, SECTION 5, Policy 5.3 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ ww)PART 4, SECTION 6, Policy 6.5 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ Page 56 of 445 xx)PART 4, SECTION 10, Policy 10.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ yy)PART 4, SECTION 11, Policy 11.3.9 is amended by replacing the word ‘industrial’ with the word ‘employment’ zz)PART 5, SECTION 1 GARNER SOUTH, Policy 2.7.6 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ aaa)PART 5, SECTION 1 GARNER SOUTH, Policy 2.7.7.1 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ bbb)PART 5, SECTION 1 GARNER SOUTH, Policy 2.7.7.1 (b) is amended by replacing the word ‘industrial’ with the word ‘employment’ ccc)PART 5, SECTION 1 GARNER SOUTH, Policy 2.7.7.1 (c) is amended by replacing the word ‘industrial’ with the word ‘employment’ ddd)PART 5, SECTION 1 GARNER SOUTH, Policy 2.8.6 is amended by replacing the word ‘areas’ with the word ‘lands’ eee)PART 5, SECTION 1 GARNER SOUTH, Policy 2.13.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ fff)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 1.11 is amended by replacing the word ‘industrial’ with the word ‘employment’ ggg)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 2.7.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ hhh)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 2.7.3 (a)is amended by replacing the word ‘Industrial’ with the word ‘Employment’ iii)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 2.7.4 is amended by replacing the word ‘industrial’ with the word ‘employment’ jjj)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 2.7.5 is amended by replacing the word ‘industrial’ with the word ‘employment’ kkk)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 3.13.5.3 c) is amended by replacing the phrase ‘at employment areas’ with the phrase ‘on employment lands and in Employment Areas.” lll)PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, Policy 4.14 is amended by replacing the word ‘industrial’ with the word ‘employment’ mmm)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Principle 7-Create Employment Opportunities; Objectives; bullet seven (7) is amended by replacing the word ‘areas’ with the word ‘uses’ Page 57 of 445 nnn)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 1.8.3 is amended by deleting the word ‘Area’; and, replacing the phrase ‘Employment Areas’ with the phrase ‘employment lands’ ooo)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 1.13.8 is amended replacing the word ‘industrial’ with the word ‘employment’ ppp)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN,Policy 2.2 is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “2.2 Automobile service stations shall be permitted in Mixed Use and on Eemployment Areaslands, subject to the following criteria:” qqq)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 2.3 is amended replacing the word ‘industrial’ with the word ‘employment’ rrr)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 3.2.6 is amended replacing the word ‘areas’ with the word ‘lands’ sss)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 3.2.10 is amended replacing the word ‘industrial’ with the word ‘employment’ ttt)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 4.1.11.4 is amended replacing the word ‘areas’ with the word ‘lands’ uuu)PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, Policy 5.6 is amended replacing the word ‘industrial’ with the word ‘employment’ vvv)PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, Principle 1: Create a Healthy, Complete Community, Objectives, bullet five (5) is modified by replacing the word ‘industrial’ with the word ‘employment’ www)PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, Policy 1.5 is modified by replacing the word ‘industrial’ with the word ‘employment’ xxx)PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, Policy 2.2.2.4 is modified by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances yyy)PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, Policy 2.2.3 is modified by replacing the word ‘Industrial’ with the word ‘Employment’ zzz)PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, Policy 7.3 is modified by replacing the word ‘Industrial’ with the word ‘Employment’ aaaa)APPENDIX I, DEFINITIONS, “Employment Lands” is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined: Page 58 of 445 “Employment Lands Area”-an areas of land designated in an official plan for clusters of business and economic activities including, but not limited to,uses being:manufacturing, warehousing, offices uses and associated retail and ancillary uses.uses associated with or facilities ancillary to them; and areas supporting opportunities for cross-border trade, movement of goods and tourism.” bbbb)APPENDIX I, DEFINITIONS, is amended by adding the following new defined term “Employment Lands” after the defined term “Employment Area” and before the defined term “Endangered Species”: “Employment Lands”-a broad range of lands designated for employment uses that may be located within or outside of Employment Areas, including light, medium and heavy industrial, business parks and rural employment lands. Employment lands accommodate primarily export-based employment, including a wide range of industrial uses (e.g.,manufacturing, distribution/ logistics, transportation services) as well as specific commercial and institutional uses (e.g., office, service commercial, ancillary/ accessory retail)as set out in the Zoning By-law” cccc)APPENDIX I, DEFINITIONS, is amended by adding the following new defined term “Gateway Economic Zone” after the defined term “Forest Resource Areas” and before the defined term “Greening”: “Gateway Economic Zone”-settlement areas identified in A Place to Grow: Growth Plan for the Greater Golden Horseshoe and conceptually depicted on Schedules 2, 4 and 6, that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Gateway Economic Zone is shown on Schedule A-7 of the City of Niagara Falls Official Plan. dddd)APPENDIX I, DEFINITIONS, is amended by adding the following new defined term “Municipal Comprehensive Review” after the defined term “Mineral Resource Areas” and before the defined term “Natural Heritage Corridor”: “Municipal Comprehensive Review”-a new official plan, or an official plan amendment, initiated by an upper-or single-tier municipality under Section 26 of the Planning Act that comprehensively applies the policies and schedules of the Growth Plan for the Greater Golden Horseshoe eeee)APPENDIX I, DEFINITIONS, is amended by adding the following new defined term “Provincially Significant Employment Zone” after the defined term “Progressive Rehabilitation” and before the defined term “Portable Asphalt Plants”: “Provincially Significant Employment Zones”-Areas defined by the Minister in consultation with affected municipalities for the purpose of long-term planning for job creation and economic development. Provincially Significant Employment Zones can consist of Employment Areas as well as mixed-use areas that contain a significant number of jobs. Page 59 of 445 D.1 Garner SouthSecondary Plansee Schedule A-3 RiverfrontSecondary Plansee Schedule A-6 Grand NiagaraSecondary Plansee Schedule A-4 H IG H W A Y 4 0 5 H IG H W A Y 4 2 0 Q U E E N E LIZ A B E T H W A Y HWY4 2 0 FERRY ST QUEEN ST M U R R AYSTOL DE N AV EO'NE I L ST MC R AE S T WATSO N STMAIN ST D U N N S T OLD F I EL D R D RIA LL ST FA LLS AV E RIVERRD VALLEYWAY BRIDGE ST WO OD BI NE S T MO R RI SON ST VICTORIA AVESWAYZEDRST PAUL AVEPORTAGE RDTAYLORRD B R O W N R D LYONS CREEK RDSODOM RDSTANLEYAVEWILLOUGHBY DRSCHIS LE R RD WH I RL P OOLRDMEWBURNRD LU NDY S L ANE T HO R O L D S TON E R D MONTROSE RDM O UNTAIN RD MCLEOD RD MAR SHA LL RD NIAGARARIVER P K Y BEAVERDAMSRDKALAR RDC H I P P AWA CREEK RDBEECHWOOD RDGARNER RDDORCHESTERRDCHIPPAWA PKY CITY OFWELLAND TOWN OFFORT ERIE CITY OF ST.CATHARINES TOWN OFNIAGARA-ON-THE-LAKE CITY OFTHOROLD CITY OF PORTCOLBORNE L y onsC reekUsshersCreekB o y e r 's Creek Thom psons Creek Gr a s s y Br o o k TeaCreekW elland R iver(rivièreW elland)8 37I 37A 51 13 14 8 37D 2 11 7 6 15 4 5 58 56 60 59 6262 67 66 64 42 41 48 40 46 44 52 50 55 54 20 16 18 21 19 24 23 31 28 25 25 25 25 25 26 27 33 32 36 35 45 47 38 37H 37G 37C 37K 37B 37E37E 37F 17 33 37J 39 12 70 53 63 63 63 63 63 6363 63 34 72 71 69 74 68 68 Map 1 to Amendment No. XX- Schedule A to the Official Plan - Land Use Plan LEGEND ENVIRONMENTAL CON SERVATIO N AREA ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL A GRICULTURE EMPLOYMENT INTAKE PROTECTION ZONE IPZ-1 MAJOR C OMMERCIA L MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARK WAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL THEME PARK MARINELA ND TOURIST COMMERCIAL DEFERRAL1 SECONDARY PLAN AREA SPECIAL POLICY AREA URBAN AREA BOUNDARY 0 51234 Km G:\cad\GIS\203798 - Niagara Housing Directions Strategy\Product\Client\OPA\F1_CityofNiagaraFalls_OPA.mxd 1. Deferrals may be lifted following conclusion of the Region’s MCR, subject to approval by the Region. NOTE(S): Transit StationSecondary Plansee Schedule A-5 --DRAFT-Page 60 of 445 U n i t e d S t a t e s o f A m e r i c aUnited S t a t e s o f A m e r i c a N i a g a r a R i v e r D.1 D.2 (Proposed Extensionof the North NiagaraFalls Secure StorageEmployment Area) D.3 CITY OFWELLAND TOWN OFFORT ERIE CITY OF ST.CATHARINES CITYOF NIA GAR AFALLS TOWN OFNIAGARA-ON-THE-LAKE CITY OFTHOROLD CITY OF PORTCOLBORNE HWY 420FERRY S T QUEEN STPINE ST SSWAYZE DRPI NE ST NM C R AE S T K E E F E R R D D U N N S T REAKER RDHARTZEL RDWATSO N STMERRITT RDDEERE STMAIN ST OL D F IE L D R D FA L L S AV E C A N BY ST G LEN D A LE A VEV A L L E Y W AYBRID GE S T ON TA RIO RD W O O DB IN E S T M OR R IS O N S T ROSSSTCENTRE STVICTORIA AVEATLAS AVEST PAUL AVEWOODLAWN RD RICHMON D S T MERR IT TST TAYLORRDMILLER RDSTEVENSVILLERDRIVER STLYONS CREEK RDBA RR O N RD DECEW RD RIDGEMOUNTRDSODOM RDSTANLEYAVEWILLOUGHBY DRPORT ROBINSONRD POINT ABINO RD NH W Y 2 0 CON RD 6S CHI S LER R D WHI RL P OOLRD FARR RDMEWBURN RD L UN DY S L A NE NET H ER B Y RD Y O R K R D SCHIHL RDDOANS RIDGE RDT H O R OL D S TO N E R D MONTROSE RDHOMER RDBROWN RDMOYER RDRIVERRDM O U NTAINR D EMAINSTMCLEOD RD M AR S H ALL R D NIAGARA RIVERP K Y BEAVERDAMSRDKALAR RDALLANPORTRDTO W NL I NE R D C H IP P AWA CREEK RDBEECHWOOD RDTLINE TUNNEL RD B I G G A R RDGARNER RDTHOROLD TOWNLINE RDDORCHESTERRDCHIPPAWA PKY PO R TA G ER D Map 2 to Amendment No. XX- Schedule A-7 Niagara FallsEmployment Lands LEGEND CITY OF NIAGARA FALLS BOUNDARY NIAGARA REGION MUNICIPAL BOUNDARY HIGHWAY REGIONAL ROAD NIAGARA ECONOMIC ZONE EMPLOYMENT AREAS EMPLOYMENT LANDS DEFERRAL1 URBAN AREA BOUNDARY 0 51234 Km G:\cad\GIS\203798 - Niagara Housing Directions Strategy\Product\Client\OPA\F2_Region_Employment_A reas.mxd 1. Deferrals may be lifted following conclusion of the Region’s MCR, subject to approval by the Region NOTE(S):Page 61 of 445 FLYNNCOURTHUTTONAVENUE4THAVENUEHA M ILTON STREET LE A DE R LANE FE R GUS O N S TR E E T PALMERAVENUEGLENVIEWAVENUEBUCKLEYAVENUEZIMMERMANAVENUEM APLE STRE ET ERIEAVENUECATARACTAVENUESTANTONAVENUEELG IN S TRE ET CRYSLERAVENUESTLAWRENCEAVENUEONTARIOAVENUEELLISLANECRA W FORD P LA CE MAYAVENUEHURON S TRE E T ELLIS STREET MO RRISO N STREET PA RK S TRE ET SENECASTREETACHESONAVENUEMUIRAVENUEW ILLMOTT S TRE E T TERRACEAVENUEDYSONAVENUEMARTINAVENUEBROUGHTONAVENUEHICKSONAVENUE1STAVENUE2NDAVENUEBAM P FIELD S TRE E T3RDAVENUE STCLAIRAVENUEB U TTRE Y S TRE E T S IMCOE S TRE ET JE P SON S TRE E T A RMOURY S TREET MO RRIS ON S T QUEEN ST VALLEY WAYRI VER RDVICTORIA AVEBRIDGE ST 7 62 62 62 41 Map 3 to Amendment No. XX- Schedule A-5Land Use Transit StationSecondary Plan Area LEGEND NEW DESIGNATION ENVIRONMENTAL CONSERVATION AREA ENVIRONMENTAL PROTECTION AREA EMPLOYMENT MIXED USE 1 DOWNTOWN MIXED USE 2 OPEN SPACE RESIDENTIAL - LOW DENSITY RESIDENTIAL - MEDIUM DENSITY RESIDENTIAL - HIGH DENSITY TOURIST COMMERCIAL TRANSIT STATION AREA UTILITY LANDS TO BE REDESIGNATED FROM EMPLOYMENT TO MIXED USE 2 CURRENT ROAD CLASS MAJOR ROAD LOCAL ROAD TRANSIT SECONDARY PLAN SPECIAL POLICY AREA 0 100 200 300 400 Meters G:\cad\GIS\203798 - Niagara Housing Directions Strategy\Product\Client\OPA\F3_ScheduleA5.mxd -DRAFT- Lands to be Redesignated from Employment to Mixed Use 2 Page 62 of 445 Map 4 to Amendment No. XXSummary of Changes G:\cad\GIS\203798 - Niagara Housing Directions Strategy\Product\Client\OPA\F4_Summary_of_Changes.mxd 1. This ma p does not form part of the Amendment, but identifies the specific areas of change and is to be used for illustrative purposes only NOTE(S): MCL EO D R D BEECHWOODRDBEAVER GLEN DRIVEBEAVER VALLEY WAYKALAR RDBEAVERDAMS RD Ly onsCreek W ellandRiver(rivière Wellan d )STONEFALL C I N D Y WILLOWWI L L IC K ROAD BECK ROADPRO GR E S S S TR E E T DON M UR I E S T R E ET ORT ROADWILLODELL ROAD KISTER ROADR AM SE Y R OA D DELL ROADLOGA N ROAD BLACKBURN PARKWAY STANLEY AVENUEBIGGA R ROAD OAKWOOD DRIVEREIXI NG ER ROAD OLDFIELD RD B R OW N RD MONTROSE RDSTANLEYAVEC H IP P A WA C REE K RD LYONS CREEK RDDORCHESTERRDCHIPPAWA PKY QUEEN ELI ZABETH WAYPORTAGE RDV A L L E Y W A Y N i a g a r a R i ver(rivièreNiagara)TAM PA COU RT N A N C Y D RIV E PANAMA COURTWI L L IA M S TR EE T 1ST AVENUEGE OR G E S TR EE T 2ND AVENUE3RD AVENUE6TH AVENUE5TH AVENUEPE RK I N S S T R EE TELBERTA AVENUEST JAMES AVENUEST PETER AVENUECAR M A N STRE ET ME NZIE STRE ET ELM STRE ET HAMILTON STREET MAPLE STREET FR ASE R S T RE E T CRAWFORD STREET BROOKS STREET HAR O LD S TREET PETTIT AVENUEKEITH S TREE T DARCY CRESCENT COHO L AN STRE E T VINE S TREET H U G G I N S S T R E E T 4TH AVENUETHOROLD STONE ROAD O'NE I L ST ST PAUL AVEDRUMMOND RDBR I D GE S T P OR T A GE R DSINNICKS AVEWHIRLPOOLRD TH OR O LD S T ON E R D VICTORIA AVESWAYZE DR NIA GARARIVERPKY STANLEYAVESTANTON AVENUETERRACE AVENUE ONTARIO AVENUEST LAWRENCE AVENUEBUCKLEY AVENUEST CLAIR AVENUEMAPLE STREET ERIE AVENUECRYSLER AVENUEEL G IN ST REE THIC KSON AVENUEMARTIN AVENUEPARK S TRE E TDYSON AVENUE1ST AVENUE2ND AVENUEB U T T R E Y S T R E ET VALLEY WAYQUEEN STVICTORIA AVEBRIDGE ST Lands to be re-designated from Employment to Residential, with deferral. Deferral to be lifted subject to approval by the Regional Municipality of Niagara(Schedule A of the Official Plan, and shown on Map 1 of thisAmendment) Lands to be re-designated from Employment to Neighbourhood Commercial(Schedule A of the Official Plan, and shown on Map 1 of this Amendment) Lands to be included as part of the Employment Area Overlay, with deferral. Deferral to be lifted subject to approval by the Regional Municipality of Niagara. (New Schedule A-7 of the Official Plan, and shown on Map 2 of this Amendment) Lands to be re-designated from Employment to Neighbourhood Commercial (Schedule A of the Official Plan, and shown on Map 1 of this Amendment) Lands to be re-designated from Tourist Com mercial to Employment(Schedule A of the Official Plan, and shown on Map 1 of this Amendment). Lands also to be included as part of the Employment Area Overlay, with deferral. Deferral to be lifted subject to approval by the Regional Municipality of Niagara. (New Schedule A-7 of the Official Plan, and shown on Map 2 of this Amendment). Lands to be re-designated from Employment to Major Commercial(Schedule A of the Official Plan, and shown on Map 1 of this Amendment). Lands also to be re-designated from Employment to Mixed Use 2.(Schedule A-5 of the Official Plan, and shown on M ap 3 of this Amendment). 0 100 200 Metres05001,000 Metres 0 5025 Metres 0 500250 Metres 0 5025 Metres0100200Metres LEGEND DEFERRAL ENVIRONMENTAL CONSERVATION AREA ENVIRONMENTAL PROTECTION AREA HIGHWAY MAJOR ROAD LOCAL ROAD WATERBODY -DRAFT-Page 63 of 445 CITY OF NIAGARA FALLS By-law No. 2021-XX A by-law to amend By-law No. 79-200, to rezone various lands within the City of Niagara Falls and introduce industrial lands into By-law No. 79-200 which were formerly in By-law 395 to implement the recommendations of the City of Niagara Falls Employment Lands Strategy (AM-2021-XXXX). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by-law are described in Schedules 1 through 5 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1 through 5 are a part of this by-la w. 2.The purpose of this by-law is to remove certain lands from their current industrial zone into an appropriate zone as described in 3 through 6 below;add Industrial lands to By- law 79-200 which were formerly in By-law 395 as described in 7 below; and,amend specific exceptions and provisions as described in 8 through 11 below.In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3.The Lands shown on Schedule 2 to this By-law are hereby redesignated from LI to CB4, with any exceptions that apply carried forward. 4.The Lands shown on Schedule 3 to this By-law are hereby redesignated from LI to NC. 5.The Lands shown on Schedule 4 to this By-law are hereby redesignated from GI to NC, with any exceptions that apply to be repealed. 6.The Lands Shown on Schedule 5 to this By-law are removed from By-law 395 and added to By-law 79-200 with a PI designation applied. 7.Exception and Provision number 19.1.281 is repealed. 8.Exception and Provision number 19.1.54 is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined: “None of the provisions of section 11.2.1 shall apply to prevent the use of the land on the east side of Victoria Avenue designated LI CB4 and numbered 54 on Sheet D3 of Schedule "A", as amended, or the erection or use of a building or structure thereon for the purpose of an automobile service station provided that all of the regulations in Section 8.9.2, as amended, for an automobile service station in an AS Zone shall apply to such automobile service station on the said land; Refer to By-law NO. 2019.74.” 9.The provisions of this by-law shall be shown on Sheet B4, C4, C7,D3,and D7 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands as shown on Schedule 1 through 6. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXX, 2021. Page 64 of 445 2 ............................................................................................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR C:\pw working directory\projects 2020\34kam\dms86073\Draft ZBA-Niagara Falls ILS-By-law 79-200.docx Page 65 of 445 DRAFTH I G H W AY 4 2 0 Q U E E N E LIZ A B E T H WA Y FERRY ST O'N E I L ST MC R A E S T MAIN ST D U N N S T RI ALL ST FA LL S AV E RIV ERRD V A L L E Y W A Y BRIDGE ST VICTORIA AVEST PAUL AVEPORTAGE RDTAYLORRD B R O W N R D LYONS CREEK RDSODOM RDSTANLEYAVEWILLOUGHBY DRSCHISLER RD WH I RL POOLRDMEWBURN RD LUNDY S L ANE T H OR O LD S T ON E R D MONTROSE RDM O U NTAIN R D MCLEOD RD MAR SHALL RD NIAGARA RIVE R P K Y BEAVERDAMSRDKALAR RDC H I P PAWA CREEKRDBEECHWOOD RDGARNER RDDORCHESTERRDC HIPPAWA PKY NiagaraRiver (rivière Niag ara) W ellandRiver(rivièreWelland ) SCHEDULE 1 TO BY-LAW NO. 2021-XXX SUBJECT LANDS: Description: Applican t: Assessment #:NTS Amending Zoning By-Law No. 79-200 CITY OF NIAGARA FALLS Page 66 of 445 DRAFTQUEEN STVICTORIA AVEBRIDGE ST CB4 CB31773 P 935 P 250 NC R5A R5B GI 450 GI CB4 54P 450 R2160 CB4 GC CB146 GC 442 CB 73 GC I CB 451 R2 CB4112 R2 628 R2 735 HI GI 53 LI 869 TC 534 LI LI 869 TC 868 GILI LI 550 R2 LIGI GI LI 875 TCDTC CB 330 R2 589 I 934 R2 TC R4 670R3 791 TDI 33 LI 874 P 877LI 876 LI876 LI 875 R2 CB CB R2 OS Description: Applicant: Assessment #:NTS SCHEDULE 2 TO BY-LAW NO. 2021-XXX Amending Zoning By-Law No. 79-200 CITY OF NIAGARA FALLS Lands to be Rezoned from LI to CB4SUBJECT LANDS: Page 67 of 445 DRAFTFAL LS AV E MCR AE S T STANLEY AVEPORTAGE RDV A L L E Y W A Y HIGH WAY 420 OS R1D R5BI GC 142I I AS 835 LI R5B 134 GC INC 109 R2 GC769 R2 236 R2 237 OS 632 GI GI 899 R2 TC R1C R1C R1C NC Description: Applicant: Assessment #:NTS SCHEDULE 3 TO BY-LAW NO. 2021-XXX Amending Zoning By-Law No. 79-200 CITY OF NIAGARA FALLS Lands to be Rezoned from LI to NCSUBJECT LANDS: Page 68 of 445 DRAFTBEAVERDAMS RD KALAR RDR1E 441 A 474 HL NC GI R2 R1E TC R1E 580 A A R1C EPA1095 Description: Applicant: Assessment #:NTS SCHEDULE 4 TO BY-LAW NO. 2021-XXX Amending Zoning By-Law No. 79-200 CITY OF NIAGARA FALLS Lands to be rezoned from GI-281 to N CSUBJECT LANDS: Page 69 of 445 DRAFTLyonsCree kGrassyBrookWellandRiver(rivièreW e lland) L Y O N S C R E E K R D STANLEYAVEDORCHESTERRDCHIPPAWA PKY Q U E E N E L I Z A B E T H WA Y OS PI OS PI PI31 NC 30 LI 31 PI31 GI PI 9 LI 31 GI 32 LI 2931 LI 31249 GI 56 LI 31 OS 6 GI 55 OSCE 288 R1A 368 HL369 LI 638 OS 611611 OS-H 611611OS-H 611611 EPA741 PI-H 740 TC-H 739 OS-H 611612 GI GI 312 HL HL PI GI 32 GI 1048 HL R1A 1066 EPA I 1075 PI 1097EPAPI 1096 PI PI PI Description: Applicant: Assessment #:NTS SCHEDULE 5 TO BY-LAW NO. 2021-XXX Amending Zoning By-Law No. 79-200 CITY OF NIAGARA FALLS Lands to be rezoned from TC to PI Lands to be removed from By-law 395 and adde d to By-law 79-200 Lands to be zon ed PI (currently zoned Industrial in By-law 395)SUBJECT LANDS: Page 70 of 445 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Niagara ByLaw Amendment AM-2021-013 REVISED From: William (Bill) Croker <Bill.Croker@QIC-Intl.com> Sent: Wednesday, July 7, 2021 10:19 AM To: Bill Matson <billmatson@niagarafalls.ca>; Alex Herlovitch <aherlovitch@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; 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> Cc: annaneill3@hotmail.com; Greg Marino <office@wireone.ca>; Barb <; 'Kelly Savoie' < Subject: [EXTERNAL]-Niagara ByLaw Amendment AM-2021-013 REVISED Upon doing more research I have amended my previous email. Please destroy the previous one dated June 25 and replace it with this. I also request that this be read into the record during the meeting on July 13: I am in receipt of your proposed bylaw changes AM-2021-013. While it appears that this is simply an administrative matter to move the zoning to be governed under Niagara Falls bylaw 79-200 instead of former Willoughby bylaw 66-395, I have since seen an official Niagara Falls Zoning map (2 images attached) dated March 2011 that shows the lands in question (with the exception of Dell cemetery) to be officially zoned Tourist Commercial, so unless there has been a re- zoning since then, it would appear that this is more than just an administrative renaming exercise, but rather a significant change to the use of the lands. Either way, I would like to suggest that the City take advantage of the rezoning exercise to consider alternatives with regards to the area designated in Schedule 5. I live at , which under bylaw 395 is zoned “Conservation Open Space” if I read the map correctly although there is a notation 88-273 (which I cannot find) which is probably a deviation that defines my land more specifically as rural. So perhaps my perspective on the zoning is somewhat skewed – I really don’t want an industrial park across the street. But regardless of my bias there are better uses for the identified lands (better for the city) and better places for the redeployment of “employment lands”. I have some questions and suggestions: It appears from Schedule 5 that regardless of the “Employment Lands” syntax, by changing from bylaw 395 to 79-200, the actual zoning is changing from “Industrial” and “Tourist Commercial” to “Prestige Industrial”. Still “Industrial” however it is worded. It also shows in Schedule 5 that the Dell Cemetery is also to be deemed Prestige Industrial. Shouldn’t it be protected as it is on the 2011 map? Then there are the Environmental concerns: The letter had a diagram showing the entire area from Chippawa Creek to Rexinger/ Lyons Creek Road to Stanley was to be zoned Employment, yet the proposed official plan Map 4 to Amendment No. XX shows several cut-outs for Environmentally Protected Areas and Environmental Conservation Areas. If I read the scale properly, some of the designated Prestige Industrial areas are less than 150 x 100 meters, which would require passage through Environmental land to access? Would you prefer a house, school, strip plaza or a Page 71 of 445 2 chemical plant adjacent to an Environmental area? If one of those small cut-outs for Environmental happens to be in the middle of a proposed 5 acre site for a 110,000 square foot factory, would they design a little walled-off area into the building plan, or do you think a future council will simply grant an exception? I also understand that there is a First Nation’s burial site on the land. In a residential or mixed subdivision, each of those cut-outs can be built in to the design of a residential community… not so much an industrial park.. The fact that there will be a new Regional Hospital about 2 kilometers to the west should contribute to the conversation. There will be a need for a large residential/recreational area for the hospital staff, and the designated lands would make a perfect location for that: walking/biking distance to the hospital, close to the Falls, and close to Stanley Industrial Park. Should prime Welland River waterfront to be wasted on industrial use? Or would it be better used as a river walk, or as residential water frontage? Might I be so bold as to suggest the following amendments: 1. Although from the QEW to Dell Road could be employment lands as there are a few commercial ventures in that area but since with the exception of NexxTerra which is temporary, they are mostly home based businesses it is probably best that everything except the water treatment plant be residential. Certainly there is nothing there that would classify as “prestige Industrial”. 2. From the documentation provided and what I have been able to find I was under the impression that said plant was to be located at the far eastern part of the lands, but I understand that this has been revised to be directly north of Dell cemetery, and that there will be open lagoons of raw sewage, which obviously needs to be revisited. Having seen a map of the proposed plant, (attached) it looks like about 3 square kilometers of this area, and the area which was initially described is left unused.. I have a number of questions and concerns, particularly the environmentally protected areas that are going to suddenly evaporate, but this is a subject for another discussion with the Region. But one would think that the maps should be accurate as to such an important location. 3. From Dell to Stanley bordered by Lyons Creek on the south, and the Welland River on the North could be zoned Residential/Environmental; a. There will be water and sewer as a result of the new water plant and hospital; b. A development could be envisioned that includes multi-million dollar homes on the Welland River that would i. attract world-class doctors and specialists to the hospital because of the lifestyle that, and while expensive, is cheap by comparison to Toronto or New York City; ii. provide a high residential tax base. c. Such a subdivision should also include single family homes and higher density housing, providing a diverse community. d. On our daily walks down Rexinger, I’ve seen enough cars and trucks that look like developers eying those lands, stopping to ask who owns them, that I’m sure it would be easy to get a development designed and built. e. The many environmental areas would make for a very nature friendly lifestyle. f. While one could argue that such a development be in the area closer to the hospital, which geography would families prefer? 4. Additional employment lands can be positioned around Biggar and Montrose, and along Montrose which would be closer to infrastructure (which the hospital will dictate); has sufficient land to be used for any sized establishment; has less risk of water pollution than being on the Welland; and has no existing residents to be impacted. I’m not a city planner, so I’m sure I’m missing several important points, but perhaps this is worthy of evaluation? Thank you for your consideration. All the best Page 72 of 445 3 Bill The information contained in this communication, including any attachments, is privileged and confidential information intended only for the use of the individual to whom it was addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this in error, please contact the sender and delete or destroy the material. Ce courrier électronique est confidentiel et protégé. L'expéditeur ne renonce pas aux droits et obligations qui s'y rapportent. Toute diffusion, utilisation ou copie de ce message ou des renseigne ments qu'il contient par une personne autre que le (les) destinataire(s) désigné(s) est interdite. Si vous recevez ce courrier électronique par erreur, veuillez m'en aviser immédiatement, par retour de courrier électronique ou par un autre moyen. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 73 of 445 lnontm?tnrm nosnn mumum 1R??V(CN*E'l|U. sm.m.IuuLVm.A uuuuxmnxnvaxmnxr -~L-omauwmlaun Page 74 of 445 Page 75 of 445 Page 76 of 445 Page 77 of 445 1600 Steeles Avenue West, Suite 318, Vaughan, ON · L4K 4M2 · 416-444-3300 July 8, 2021 To: Alex Herlovitch Director of Planning, Building and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Niagara Falls Employment Land Study and Official Plan Amendment “Montrose Lands” – 7983-8003 Montrose Road Dear Sir, We are making this submission on behalf of 1340258 Ontario Inc. and Warren Woods Land Development Corporation, the owners of the above-mentioned lands, referred to as the “Montrose Lands”. The owners have been actively involved in building the Garner South Neighbourhood in collaboration with the City of Niagara Falls for the past 15 years. Over that time, the community has evolved and grown into the desirable neighbourhood that it is today where people from all over Ontario and abroad want to come and live. The recent addition of Costco to the Niagara Square has been a welcome addition. This addition and the related commercial development in this area represents an extraordinary opportunity for the neighbourhood and we look forward to enjoying on the benefits. The subject lands are located at the north-west corner of Montrose Road and Brown Road. This parcel of land is currently designated for employment purposes with special provisions permitting live/work development. This Official Plan designation is the result of the Garner South Secondary Planning process that our clients are actively involved in. Our clients have been keenly following the City’s progress on the Employment Lands Strategy with interest. Members of our group have reviewed the Phase 2 Report released April 1st, 2021, including Section 7.2 Potential Conversion Sites. Respectfully, we disagree with the conclusions of this section related to the Montrose Lands located at 7893-8003 Montrose Road, specifically that they should not be converted to non-employment lands. The Montrose Lands are isolated from the employment lands in the City’s Industrial Park to the south by a large Provincially Significant Wetland and woodlot. The Montrose Lands are surrounded by non- employment lands on three sides including the QEW to the east, open space/natural area to the south, and residential lands to the west; see Figure 1. Lands north of the site are designated “Major Commercial”, and includes the aforementioned Niagara Square. Page 78 of 445 Page 2 of 2 The Montrose Lands are located immediately adjacent to the newly developed Warren Woods Phase 5 Subdivision. Being adjacent to the residential neighbourhood, the site is restricted in terms of development potential for employment due to Provincial land use compatibility guidelines and separation distances. In our view, the Montrose Lands are more appropriately developed as a mixed-use development containing higher density residential housing forms. This would provide the opportunity for more affordable housing choices, rental apartment units and service commercial uses that would assist in completing the Garner South community. This form of development would also serve as an appropriate transition between the evolving commercial centre at Niagara Square to the north and the important employment lands in the City’s industrial park to the south. A development concept for the Montrose Lands is attached to this letter for your consideration, see Figure 2. We believe this concept represents an appropriate vision for the Montrose Lands that will integrate well with existing land uses in the neighbourhood, minimize incompatibility between land uses and provide an appropriate transition between the commercial uses to the north, employment uses to the south and residential uses to the west. The concept also provides an important opportunity to provide affordable and rental housing to the community, which we understand the City has determined to be much needed through their housing needs assessment. We respectfully request that the Montrose Lands located at 7983-8003 Montrose Road be recommended for conversion to non-employment uses and that the City’s proposed Official Plan Amendment reflect this change. In the continued spirit of collaboration, we, along with our clients, would be happy to meet with you and your staff and members of Council to discuss the details of our requested amendment. We trust that you will consider this request during the preparation of the upcoming reports to Council. We look forward to our continued work with the City on the development of the Garner South Neighbourhood. Respectfully submitted, Stephen Armstrong, RPP Principal Page 79 of 445 SUBJECT SITE Figure 1: Aerial Map "Montrose Lands" Niagara Falls, ON COMMERCIAL RESIDENTIAL ENVIRONMENTAL EMPLOYMENT Page 80 of 445 Figure 2: Preliminary Concept Plan "Montrose Lands" Niagara Falls, ON Page 81 of 445 - From:gmarlnoOO10 V Sent:Sunday,July 11,2021 3:19 PM To:Planning Emails;Alex Herlovitch Subject:[EXTERNAL]~EmploymentLands Strategy ~City File#:AM—2O21—O13 July 11,2021 Planning Department City of Niagara Falls Re:Employment Lands Strategy City File #2 AM—2021—O13 I am the property owner at Z NiagaraFalls,Ontario.I received your mail dated June 18,2021 regarding the proposed change of Resort Commercial to Industrial. 1 purchased this house in 2014 after years of searching for the best location as my permanent residence knowing the surrounding area and the ’’Environmental Protection Area”located right behind me.My wife and l are planning to stay here long term and have no intention of selling or moving. I also request that this be read into the record during the Council Meeting on July 13"‘,2021 l have the following questions; 1.Will i be able to add an addition to my residence? 2.Will I be able to build a large garage? 3.Will I be able to build an in—groundpool with a pool house? 4.What date will the proposed zoning change ifapproved take place? 5.What will be the approved uses in the new zone area where my property is located?for example if "Prestige industrial”what types of businesses would be allowed to move to this area? 6.Are there any infrastructure improvements planned in the new designation? 8.Will the value of my property and house decrease?9.Will the city consider purchasing my property at market value or above because of this situation?10.Have you considered changing the zoning in other areas?I know that there are many other locations that couldbechosenforthistypeofzoning.For example,Biggar Road and surrounding areas.11.The main reason I bought my home was the location largely because it was fronted by a quiet street and an”Environmental Protection Area”located directly behind the property.How can an industrial re—zoning be1Page 82 of 445 considered in light of the fact that it will bring noisy industrial traffic and increased airborne contaminants that will impact the quality of life for all residents and the possibility of termination of life to various species living in the Environmental Protection Area? 12.Will the Environmental Protection Area remain unchanged? Please respond to my questions point by point. Sincerely, Gregory Marino CAUTION:This email originated from outside ofthe organization.Do not click links or open attachments unless you recognize the sender and know the content is safe.Page 83 of 445 P.O. Box 24022 39 Queen Street, St, Catharines, ON L2R 7P7 T: (905) 688-9411 F: (905) 688-5747 E: sheddenc@niagaralaw.ca www.niagaralaw.ca Callum Shedden Partner Friday, July 12, 2021 SENT VIA EMAIL ONLY Mr. Bill Matson City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir/Madam: RE: 5789 Lyons Creek & 7047 Reixinger Road Proposed Official Plan and Zoning By-law Amendment We represent Global Country of World Peace, which is the registered owner of the following property: 1. 7047 Reixinger Road, Niagara Falls, comprising 90 acres located east of the QEW and on the north side of Reixinger Road (“7047 Reixinger Road”); and 2. 5789 Lyons Creek Road, Niagara Falls, comprising 110 acres located west of Stanley Avenue and on the north side of Lyons Creek Road (“5789 Lyons Creek Road”). (collectively, the “Property”) We are enclosing with this letter an aerial photograph showing the extent and layout of the Property. Our client is strongly opposed to the City’s proposed change of land use designation for the Property. Their desire is to build a holistic development on the Property, inspired by the holistic, health-oriented programs offered by their organization. Our client has owned 7047 Reixinger Road for over ten years and 5789 Lyons Creek Road for over two years. For approximately a decade, our client has worked on, and made progress towards, the master-planned mixed-use development of 7047 Reixinger Road. More recently, our client has worked towards the mixed-use development of 5789 Lyons Creek Road. The scale of their proposed plans is massive, involving estimated costs in excess of $1 billion to bring the project to completion in partnership with a large Toronto-based developer. Page 84 of 445 2 Our client’s consultants, Better Neighbourhoods Inc., have been in discussion with the City of Niagara Falls for years about the mixed-use plans for the Property. Discussions occurred as recently as February, 2021, when the neighbouring property was targeted to be the location of the Niagara Region’s new wastewater treatment plant. This was a significant event because the serviceability of the Property had previously been the singular obstacle to the advancement of the proposed development. Our client still plans on filing their own Official Plan and Zoning By-law Amendment to facilitate the proposed mixed use development. In all, our client has spent upwards of $600,000 to prepare sophisticated plans for the mixed-use development of the Property, engaging land use planners, architects and other consultants. Taking into consideration the length of time and magnitude of effort dedicated to the development of the Property, and the ongoing discussion with the City of Niagara Falls regarding the proposed development, you can appreciate that our client was shocked when they received a letter in the mail from the City dated June 18, 2021, indicating the City’s intention to change the land use designation of the Property from Resort Commercial to Industrial. The City’s letter is notably brief and merely states that the land use designation of the Property is proposed to be changed from Resort Commercial to Industrial. The letter also included notice of a Public Meeting scheduled on July 13, 2021 to consider the proposed conversion of the Property. We have done some investigation regarding the City’s proposal and have reviewed the following documentation in particular: - Niagara Region Report PDS 14-2020 dated May 13, 2020; - Niagara Region’s Employment Area Strategy: Background Report and Recommendations dated March 20, 2020 prepared by MacNaughton Hermsen Britton Clarkson Planning Limited and urbanMetrics Inc.; - City of Niagara Falls Report PBD-2021-18 dated April 20, 2021; and - City of Niagara Falls Employment Land Strategy Council Presentation dated April 20, 2021 prepared by Watson & Associates Ltd. It is evident from reviewing the Region’s reports that the Region’s Employment Area Strategy is a long-term endeavor which began in 2018 and is currently ongoing. The Region’s strategy includes a comprehensive analysis of Niagara’s employment areas from both land use planning and economics perspectives. It is clear that the Region is undertaking a comprehensive review on what should be included in Niagara’s employment areas, but the Region’s policy review has not been completed and the Regional Official Plan has not been amended. By contrast, it is evident that the City’s Employment Lands Strategy is a short-term endeavor. The brief presentation by the City’s consultants, Watson & Associates, indicates that they were retained in the winter of 2020 by the City to conduct an Employment Lands Strategy for the City. While the Watson presentation and the City’s staff report talk about Page 85 of 445 3 recommended conversion areas where appropriate land use designations should be applied, the reports do not contain any analysis on how the candidate sites were identified by the City for conversion. We would expect to find a thorough land use planning rationale in an undertaking of this nature, including answers to the following questions: How did the City identify the Property for conversion to an Industrial land use designation? What criteria did the City use in their analysis? What other lands did the City consider for conversion to Industrial? When did the City identify the Property? Based on the information contained in the City’s reports, the City’s strategy appears to be rushed and working backwards to support a pre-determined outcome. It is also premature to introduce local Official Plan and zoning by-law amendments on these matters before the Regional policy review is completed. The City’s policy review must include a conformity analysis with the Region’s policy amendments arising from its comprehensive review. The proposed Official Plan Amendment will require the approval of Regional Council. To ensure consistency and conformity with the Regional Official Plan, the Region will not want to deal with local amendments on this issue until the Regional Official Plan Amendment is brought forward. Instead of pushing ahead now, the City’s proposed amendments should be done in conjunction with the Region’s amendments. There is clearly no rush to address these matters from a local perspective where a higher-level Regional Amendment is in the works. The entire situation is unusual and concerning if you consider the full timeline and circumstances: - The Niagara Region commenced a comprehensive review of Niagara’s employment lands in 2018, which is currently ongoing; - The City of Niagara Falls authorized Watson & Associates to commence a review of the City’s employment lands in “winter of 2020”; - Watson & Associates produced a brief report in April, 2021 with general recommendations; - In June, 2021, the City notified our client of its intent to convert land use designation of the Property to Industrial and provided notice of Public Meeting to consider the proposed conversion; - The City has not produced any legitimate land use planning rationale for the conversion of the Property to an Industrial land use designation. In the coming weeks, we will be following up with City staff to seek answers to the questions we raised in this letter, among others. We will also be filing Freedom of Information requests for all communications regarding the proposed expansion and conversion of employment lands. Thank you for your consideration of these comments. Please contact the undersigned Page 86 of 445 4 if you require any further information. Sincerely, Daniel & Partners LLP Per: Callum Shedden CS:ar Encl. c.c. Mr. Alex Herlovitch, via email Callum Shedden Page 87 of 445 Page 88 of 445 COMPETITORS IN THE FIELD, PARTNERS IN INDUSTRY w niagaraindustry.com e info@niagaraindustry.com t 289-969-6008 Niagara Industrial Association 34 Scott Street West St. Catharines, ON L2R 1C9 Ontario , L2M 7X2 To: Mayor Diodati and Niagara Falls City Council CC: City Clerk, City of Niagara Falls From: Don Cyr, Chair of the Board, Niagara Industrial Association Date: July 12th, 2021 Re: Official Plan and Zoning By-Law Amendment Application AM-2021-013 Dear Mayor Diodati and Niagara Falls City Council, The Niagara Industrial Association has become concerned, in recent years, with respect to the re-designation of employment lands, and/or the encroachment on such lands in the Niagara Region. We believe that in order to foster a sustainable economy it is important that municipalities maintain the designation and expansion of significant employment lands buffered appropriately from residential development. The long term economic multipliers from industrial establishments are very significant, providing the opportunity for future sustainable growth, while maintaining and growing domestic supply chain capacity. We appreciate the recognition of the City of Niagara Falls planning department of the importance of appropriately designated employment lands, as evidenced by the proposed amendment. Don Cyr Chair of the Board of Directors Niagara Industrial Association Page 89 of 445 PBD-2021-031 July 13, 2021 REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-031 AM-2021-008, Zoning By-law Amendment Application West Side of Garner, South of McLeod Road, Block 116, 59M-484 (Forestview) Applicant: Mountainview Homes (Niagara) Ltd. Agent: Upper Canada Consultants (Ethan Laman) RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Apartment 5B Density (R5B) zone to permit four 4 storey apartment buildings with a total of 80 dwelling units, subject to the regulations outlined in this report. EXECUTIVE SUMMARY Mounatinview Homes (Niagara) Ltd. has requested a Zoning By-law amendment for the vacant land known as Block 116, 59M-484. The applicant requests the land be rezoned to a site specific Residential 5B Density (R5C) zone to permit the construction of four apartment buildings with a total of 80 units. Planning Staff recommends the application for the following reasons:  The development is consistent to and complies with Provincial policies with respect to achieving density targets in the designated greenfield areas;  The development is in conformity with the City’s Official Plan and the Garner South Secondary Plan, and will be compatible with surrounding development;  The requested zoning by-law amendment will assist in providing housing choices and will contribute to the City’s required short term housing supply. The proposed development will be subject to Site Plan Control. At the site plan stage review and approval of servicing, lighting, landscaping and fire access details will be undertaken. BACKGROUND Proposal Mountainview Homes (Niagara) Ltd. has requested a Zoning By-law amendment for the vacant land known as Block 116, 59M-484, located on the west side of Garner Road, south of McLeod Road, and totaling 1.09 ha in area. Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of four 4 storey apartment buildings with a total of 80 dwellings units. Schedule 2 shows details of the proposed development. Page 90 of 445 2 PBD-2021-031 July 13, 2021 The land is currently zoned site specific Residential Low Density, Grouped Multiple Dwellings (R4-1083) zone in accordance with Zoning By-law No. 79-200 as amended. The applicant is requesting the subject land be rezoned to a Residential Apartment 5B Density (R5B) with site specific regulations to permit an increase in height and to allow for 4 apartment dwellings on the subject land. Site Conditions and Surrounding Land Uses The subject land is vacant. The surrounding land uses include a light industrial use and single detached dwelling to the north, a light industrial use and wooded area to the east, vacant detached residential lots to the south and on-street townhouse dwellings to the west that are currently under construction. Circulation Comments The rezoning application was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date:  Regional Municipality of Niagara - No objection to the application. - Will provide detailed comments relating to noise warning clauses, archeological resources, urban design, servicing and engineering at the site plan stage.  Building Division - No objections to the application. - Any technical comments will be addressed at time of Site Plan Control and Building approval process. A geotechnical Report shall be provided in the Building Permit submission.  Fire Department - No objections to the application. - Any technical comments will be provide at the time of site plan control. The turning radii of the fire access route will be reviewed at the site plan stage.  Municipal Works and Parks Design - No objection to the application. - Detailed comments will be provided with respect to landscape and urban design thru the Site Plan process which will include; enhancement for the streetscape/frontage; pedestrian movement and connectivity; shade tree planting for parking area: internal landscaping for units and privacy/separation for the rear yard. Page 91 of 445 3 PBD-2021-031 July 13, 2021  Transportation Services - No objections to the application. - There is a good network of on-site pedestrian walkways with connectivity to the future sidewalk. Consideration for future bike racks/storage, which may encourage future residents to cycle, can be reviewed as part of the site plan application.  Business Development and Legal Services.  No objections to the application. Neighbourhood Open House No neighbours participated in a virtual neighbourhood open house which was held on June 16, 2021. ANALYSIS/RATIONALE Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to Provincial Plans. These policies currently set a minimum density target of 50 people and jobs per hectare for designated Greenfield Areas. The subject land, as well as the rest of the Garner South Secondary Plan, is within the designated Greenfield Area in the City. The proposed development will achieve approximately 187 people and jobs per hectare. In combination with other existing and approved development in Garner South Secondary Plan, approximately 56 people and jobs per hectare will be achieved. This will assist the City in meeting its overall Greenfield density target. Official Plan (Garner South Secondary Plan) The Garner South Secondary Plan (GSSP) contains policies that guide the development and use of the subject land. The GSSP designates the property as Residential Medium Density, which permits apartment buildings up to 4 storeys at a density of 50 to 75 units per hectare. The proposal conforms to the Official Plan and the GSSP as follows:  The development proposes a density of 73.39 units per hectare, which is within the prescribed density allowed in the Residential Medium Density designation;  The proposal represents an efficient use of urban land, utilizes existing services, and contributes to the mix of housing types within the area; Page 92 of 445 4 PBD-2021-031 July 13, 2021  The proposed building design and site layout achieves appropriate setbacks from abutting lands, ensuring compatibility with surrounding properties, and providing a development that engages the streetscape; and  The subject land is located on arterial road. The application is consistent with higher density residential development adjacent to higher capacity arterial roadways. Zoning By-law The land is currently zoned site specific Residential Low Density, Grouped Multiple Dwellings (R4-1083) zone in accordance with Zoning By-law No. 79-200, as amended. The applicant is requesting the subject land be rezoned to a Residential Apartment 5B Density (R5B) with site specific regulations to increase the height and to allow for 4 apartment dwellings on the subject land. ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Maximum Height of Building or Structure 10 metres 14.5 metres and 4-storeys Maximum Number of Apartment Buildings 1 4 The requested zoning departures can be supported for the following reasons:  Increased setbacks in compliance with zoning regulations have been provided to compensate for the additional height.  The property is large enough to accommodate the 4 apartment buildings while providing required setbacks and adequate separation between the buildings. Site Plan The proposal is subject to site plan control. A detailed review of the site servicing, lighting, landscaping and fire access details will be undertaken. FINANCIAL IMPLICATIONS The proposed development will generate revenue through property tax revenue for the City and Development Charges. There are no other financial implications. Page 93 of 445 5 PBD-2021-031 July 13, 2021 CITY’S STRATEGIC COMMITMENT The proposed apartment buildings supports the Healthy and Vibrant Community Strategic Priority by providing additional housing for residents. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Proposed Development Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer N.DeBenedetti: Attach. S:\PDR\2021\PBD-2021-31, AM-2021-008 - Forestview Blk 116.docx Page 94 of 445 6 PBD-2021-031 July 13, 2021 SCHEDULE 1 (Location Map) Page 95 of 445 7 PBD-2021-031 July 13, 2021 SCHEDULE 2 (Proposed Development) Page 96 of 445 F-2021-39 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2021-39 2018 Consolidated Financial Statements RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The City’s auditors, Crawford, Smith & Swallow, has completed the audit of the 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 Chartered Professional Accountants LLP to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City’s Financial Information Return (FIR) submission to the Province of Ontario. LIST OF ATTACHMENTS 1) (Draft) Audited Financial Statements for the year ended December 31, 2018 2) 2018 Independence Letter 3) 2018 Pre-Audit Letter 4) 2018 Draft Post-Audit Letter 5) 2018 Draft Management Letter Page 97 of 445 F-2021-39 July 13, 2021 Recommended by: ___________________________________________ Jonathan Leavens, Acting Director of Finance Respectfully submitted: ___________________________________________ Erik Nickel, Acting Chief Administrative Officer Page 98 of 445 Q SMITH &§SWALLOW mCRAWFORD CORPORATION OF THE C NIAGARA FALLS,ON Page 99 of 445 Q $MlTH&%SWALLOWmCRAWFORD CORPORATION OF THE CITY OF NIAGARA %S,ONTARIO Consolidated Financial Statements December 31,2018 Table of Contents Page Management Report 1 IndependentAuditors‘Report 2-4 ConsolidatedStatement of Firfanc § _ 5 C 6 i 7 54 8 Notes to ConsolidatedF’I cial ?tements 9-29 Schedule of Segmented Re g 30-31 Schedules of Tangible Capital Assets 32-33Page 100 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO MANAGEMENT REPORT December 31,2018 lyginvolvesthe use of estimates based ecting the current accounting period >5 transac»'o s are properly authorized and recorded in tory reqi 'ements and reliable financial information is available on a timely basis for pre 1 Egggbconsolidated?nancial statements.These systems ent.' The consolidated?nancia ~ ProfessionalAccountants mdependent external auditors appointed by the Municipality.The accompanying Independent uditors'Report outlines their responsibilities,the scope of their examinationand their opinion on the Municipality'sconsolidated?nancialstatements. Jim Diodati Alex HerlovitchMayorActingChiefAdministrativeOfficerJulyxx,2021 July xx,2021Page 101 of 445 @1CRAWFORD SMITH & SWALLOW CharteredProiesslunal Accountants LLP 4741Queen Street Niagara Falls,Ontario L2E2M2 T 905 356 4200 F 905 356 3410 INDEPENDENTAUDITORS'REPORT To the Members of Council,Inhabitants and Ratepayer the Corporation of the City of Niagara Falls,O Opinion We have auditedthe accompanyingconsolidated?nan of Niagara Falls,Ontario,which comprise December 31,2018,and the consolidated change in net ?nancial assets and cash ?ows f ?nancial statements,includinga summary of si olidatedman statements present fairly,in all material 'rporation of the City of Niagara Falls,Ontario assets for the year then ended in a Basis for Opinion Municipality in aceor ?nancial statements in Cf _ with these requirements. appropriateto provide a basl ' 4-‘ Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements Management is responsible for the preparationand fair presentation of these consolidated?nancial control as management determines is necessary to the of statementsthatarefreefrommaterialmisstatement,whetherdue to fraud or error.Page 102 of 445 In preparing the consolidated ?nancial statements,management is responsible for assessing the Municipality's ability to continue as a going concern,disclosing,as applicable,matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Municipality or to cease operations,or has no realisticalternativebut to do so. Those charged with governance are responsiblefor overseeing the Municipality's?nancialreporting process. Auditors’Responsibilitiesfor the Audit of the ConsolidatedFinancial Statements Our objectives are to obtain reasonable assurance about whether the consolidated ?nancial statements as a whole are free from material misstatement,whether due to fraud or error,and to issue an auditors‘report that includes our opinion.Reasonable assurance is a high level of assurance,but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a materi W sstatementwhen it exists. Misstatements can arise ?om ?raud or error and are conside,‘material if,individually or in the aggregate,they could reasonably be expected to in?uence t ie‘ W omicdecisions of users taken on the basis of these consolidatedfinancialstatements. 51. l 3 As part of an audit in accordancewith Canadian gene%ll%edepted. professionaljudgment and maintainprofessionalske ‘cisnrthroughout - g a)Identify and assess the risks of materi statements,whether due to fraud or error,“performaudit procedures responsive icient and appropriate to provide a basis for our opinion.The risk of not detl l misstatement resulting from fraud is higher than for one resulting from err omissions,misrepresentations,or the o l -' ~al control. b)Obtain an understanding of internal co‘t A nt to the audit in order to design audit procedures that are appro 5n the e"umsta ces,but not for the purpose of expressing an opinion on the effect;geness_’cg/7ality'sinternalcontrol. c)Evaluate the approp?ss 5 .,ng policies used and the reasonableness of s of management's use of the going concern basis of ‘vidence obtained,whether a materialuncertainty exists -may cast signi?cant doubt on the Municipality'sability going co "ern.If we conclude that a material uncertainty exists,we are »-ttentionr our auditors‘report to the related disclosures in the ?nancial statements or,i *3 h dis osures are inadequate,to modify our opinion.Our conclusions are based on the a idence obtainedup to the date of our auditors‘report.However, future events or co jigonsmay cause the Municipalityto cease to continue as a going concern. e)Evaluate the overall presentation,structure and content of the consolidated ?nancial statements,including the disclosures,and whether the consolidated financial statementsPage 103 of 445 We communicatewith those charged with governance regarding,among other matters,the plamed scope and timing of the audit and signi?cant audit ?ndings,including any signi?cant de?ciencies in internalcontrol that we identify during our audit. We also provide those charged with governance with a statement that we have complied with relevant ethical requirements regarding independence,and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence,and where applicable,related safeguards. Niagara Falls,Ontario July xx,2021 H &SWALLOW ,IONAL ACCOUNTANTSLLP Page 104 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December31,2018 (In thousandsof dollars) 2018 _ 2017 $519 Financial Assets —note 6 : Cash 100,553 Investments —note 3 34,141 Taxes receivable-note 4 11,186 Accounts receivable 14,626 User fees receivable 5,493 Long—te1'rnreceivables 2,370 Note receivable-note 5 22,000 Long—te1minvestment -note 5 89,976 280,345 Contingent Liabilities -note 7 Liabilities Accounts payable and accrued liabilities "'29,780 Deferred revenue -obligatory reserve fund 43,524 36,934 Deferred revenue —note 9 12,724 ~12,434 Other liabilities 4,574 4,769 Post—emp1oy1nentbene?ts -not<;%%%._"32,261 r 31,589 Net long-term liabilities—notgfl %1 48,177 4 51,813 2 165,952 5 167,319 Net Financial Assets ,.119,705 113,026 Non-Financial Assetsgjégv, 2 5' Tangible capital gets ’'754,451.,726,419 Inventoriesany 3 _aid expené??3“'r 2,889 _2,854 757,340 7 729,273 842,299 Signed on behalf of the Muni pality: Mayor See accompanying notes Crawfordsmith Q).swallowPage 105 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31,2018 (In thousandsof dollars) Actual 2017 35 Revenue Taxation -note 4 73,955 User fees 55,716 Government of Canada grants 112 Province of Ontario grants 3,078 Other municipalgrants 2,624 Interest,penalties and ?nes 2,628 Investment income 2,619 Casino and gaming revenues 26,332 Niagara Falls Hydro Holding Corporation _ net income ~note 5 2,275 1,639 Contributionsfrom Obligatory Reserve %i$‘‘ V 2 Funds 3,274 8,951 Other 10,477 33,390 Contributed tangible capitalassets 17,985 ,383 Loss on disposal of tangible cagifiiiassets (2,391)Q61) 2 208,449 21 1,166 Expenses ‘I L General government 12,940 13,927 -1 13,826 Protectionto persorge?n 29,488 29,800 28,514 Transportation seg?ices 35,127 57,860 51,132 Environmental;'''es 34,915 36,485 42,105 Health services '1,989 1,957.27,501 Social and family s 960 1,022 1 1,074 Recreationand cultura 21,194 25,650‘25,328 Planning and developme 5,639 7,002 :6,548 3"?142,252 173,703 196,028 Annual Surplus 27,321 134,746’15,138 Accumulated Surplus,Beginning of Year 842,299 842,299 ‘827,161 See accompanying notes Crawfordsmith @.swallowPage 106 of 445 1 1 E E CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December31,2018 (In thousands of dollars) 2018 '2017 '$35 Operations Annual surplus 15,138 Changes in non-cashassets and liabilities- note 15 9,637 Non-cashcharges to operations Amortizationof tangible capital assets 24,636 Loss on disposal of tangible capital assets 261 Niagara Falls Hydro Holding Corporation net income -note 5 (1,639) Net increase in cash from operations _ 48,033 Capital is A — Proceeds on disposal of tangible capital assets 213 Acquisitionof tangible capital assets (42,936) Net decrease in cash from capital (42,723) Investing ‘I Dividendsreceived from Niagara Falls Hydr .,,_. 1. Holding Corporation 5' F ii 522 Financing Long-term debt issued 1,105 Long-term debt repaid , (3,636)(3,772) Net decrease in cash from ?nan6‘i%:§(3,636)I (2,667) Increase in Cash Posi iii 3‘5,859 3,165 Cash Position,Beg;ning of 36%::100,553 ,97,388 Cash Position,E ‘K .106,412 100,553 See accompanyingnotes crawibni smith ®,swallowPage 107 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31,2018 (In thousands of dollars) 2017 $ Annual Surplus 15,138 Acquisition of Tangible Capital Assets (42,936) Amortization of Tangible Capital Assets 5 24,636 Proceeds on Disposal of Tangible Capital Assets 213 Loss on Disposal of Tangible Capital Assets _L I 261 Change in Inventories and Prepaid Expenses -not?265 Increase (Decrease)in Net Financial Assets V 1/“(2,423) Net Financial Assets,Beginning of Year 115,449 Net Financial Assets,End of Year See accompanying notes craw?mdsmith ®.swallowPage 108 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 1.Signi?cant Accounting Policies The consolidatedfmancialstatements of the Corporation of the City of Niagara Falls,Ontario (the "Municipality")are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board ("PSAB")of the Chartered ProfessionalAccountants of Canada ("CPA Canada")with the exception of providingbudget ?gures (note 18). (a)Basis of consolidation 7% (i)These consolidated ?nancial statements r i ‘ctivit e assets,liabilities,revenue and expenses of the operating fund,reserves,1’erv '' in tangible capital assets.They includ, and the following boards,municipal?nterprisesand — control of Council:f ‘ Niagara Falls PublicLibrar Cli?on Hill Business Improve Downtown Board 0 ’ as entre Bus" _ 7 ion & K _rnentfor government business enterprises.Under the mo 7 ed equi3?f“;-paasis,"é business enterprise‘s accounting principles are not ed to co m1ththoseofthe Municipality,and inter-organizational tran§%'ons and ’ lances are not eliminated.The Municipality recognizes itsequityerestthenetcomprehensiveincomeorlossofNFHHCinits ’‘S5tement of Operations and Accumulated Surplus with a correspon i?creaseordecrease in its investment asset account.Any dividends that the Mu_%ipalitymayreceive from NFHHC will be re?ected as reductions in the investment asset account. crawbtd smith @,swallowPage 109 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 1.Signi?cant Accounting Policies -continued (a)Basis of consolidation-continued (ii) (iii) (iv) (1) (ii) (iii) (b)Basis of accounting 'Revenue and expen re repo Partial—consolidatedentity The following joint local board is proportionatelyconsolidated.See note 16. Board) ‘an‘School Board transactions Niagara District Airport Commission(Joi Accounting for Regional Municipalityof Niag d liabilitieswith respect to the operations of the school boards and the V "Region")are not re?ected in the mu’. 'a ?nancialstatements.See note 2. Trust funds The taxation,other revenue,expenses,as?iA .ministeredby the Municipalityare not ly on the Trust Funds Statement of cial Activities and Changes in Fund ed sepa .consolidated,but are repggat ‘ent ofFinancialPositionandStat Balances. 0 accrualbasis of accounting. measurable;ex enses e recog 'ed as they are incurred and measurable as a result of receiptoi og?gzgéserxgiesandthe creation of a legal obligation to pay. ‘vrnment of Canada treasury bills and crown corporation The accrual ba§;$A§ECIounting ogizesrevenuesastheybecomeavailableand Investments Invesg) %§EiEsto boy __§i;provinci over 1 as;s are not availableto discharge existing liabilitiesand are held for use in‘g?fdovisionofservices.They have useful lives extending beyond the current year‘?nd are not intendedfor sale in the ordinary course of operations. The change”in non—?nancialassets during the year,together with the annual surplus,providesthe change in net financial assets for the year. Tangible capital assets expendituresin the acquisition,construction,development and/or betterment of theassetrequiredtoinstalltheassetatthelocation.10crawlbrdsmith®,swallowPage 110 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 1.Signi?cant Accounting Policies -continued (b)Basis of accounting -continued (V) (Vii) Tangible capitalassets —continued Amortization is recorded to re?ect the cost,net of anticipated residual value, associatedwith the use of the asset in providinggovernment services on a straight- line basis over the estimateduseful life of the ass h Assets under constructionare not amortized until the asset is availablefor pr c iiye use,at which time they are capitalized.Gains and/or losses on the dis ' i of an asset is recorded on the Consolidated Statement of Operations ancliigulatedSurplus as "gain/loss on disposal of tangible capital assets". Asset Class llggdadb General Assets 4 ’ Land Land improvements Buildings Furniture and equipment Vehicles Leaseholdimprovements Infrastructure Environment Roads '£10-75 years Water 3 ye l5-100 years Tangible capital ass is rec 1 .ffas contributionsare recorded at their fair market value .eipt and are also recorded as revenue.Similarly,transfers of as gis to t arti'%gérecorded as an expense equal to the net book value of 7:ate 9 transfer. f works of art or historicaltreasures has not been assigned to 'losed in the consolidated?nancial statements. 30'100 years valued at average cost.Inventories Deferred revenue—obligatory reserve funds Deferred revenue -obligatory reserve funds represents development charge purpose,parkland dedication and gas taxes,levied or by-laws.These amounts have been collected but the related have yet to beperformed.These amounts will be recognized as revenue in the fiscal year theservicesareperformed.1lcmw?izd smith 6?}.swallowPage 111 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 1.Signi?cant Accounting Policies —continued (b)Basis of accounting -continued (viii)Deferredrevenue (ix) (X) Funds received for speci?c purposes are accountedfor as deferred revenue until the Municipalitydischarges the obligationwhich led to the receipt of the funds. GOVCYDIIIEIICtransfers ~; Government transfers are recognized in the p od which the events giving rise to the transfers occur,providingthe transuthorized,any eligibilitycriteria are met,and reasonableestimates of the a unt be made,except when and to the extent that stipulations associated:at the psfer give rise to a liability. Transfers are recognizedas deferred 1;,-venewhen t er stipulations give rise to ' 3 ecog ized in the nsolidated Statement of V tipulationgivingrisetotheliabilitiesOperationsandAccumulatedSurp are settled.‘t Employee future bene?ts ’ V The Municipalityprovides d retire ’gridother ?lture bene?ts to specified géinclude ension,health care bene?ts,dental bene?ts,future paid sick leave .en re§Eementgratuity,workers‘compensation Q .unicipality has adopted the following ‘ V for ese employee bene?ts: ement and other employee ?lture benefit plans _'-using management's best estimate of salary ula wsick days during employment and at retirement, hhcarecost trends,disability recovery rates,long—term s ‘discount rates.The cost of retirement gratuities are te a ned using the employee's salary,banked sick days and 5 ice and management's best estimate of discount rates.Any ‘s and losses arising from changes to the discount rate are 'er the expected average remaining service life of the employee (1) For —insuredretirementandotheremployeefuture benefits that vest or accumulateover the periods of service provided by the employees,such as health care bene?ts for retirees or retirementgratuities,the cost is actuarially Under this life of the employee group.12crawtbrdsmith®.swallowPage 112 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 1.Signi?cant Accounting Policies -continued (b)Basis of accounting -continued (X) (Xi) (xii) (xiii) (xiv) Employee future bene?ts -continued For those self-insuredbene?t obligations that arise from speci?c events that occur from time to time,such as obligations for workers‘compensation, long—termdisabilityand life insurance and,‘Halthcare bene?ts for those on disability leave,the cost is recognized i_ediately in the period the events occur.Any actuarial gains and losse .~_are related to these bene?ts are recognized immediately in the periodggziy lan bene?ts,such as the Lt?gtgmpensions,are the ‘iii (2)The costs of multi-employer dg?l?spe (3)The costs of insured beiie _ premiums owed for coyerageo 2 Tax revenue :r 40 Taxes receivableand tax rev?e reco ed when they meet the de?nition of an asset,the tax is authorized axalgleevent has occurred. é~c Investment income Q? .6?’gr Investment mcogiET 'orted a‘revehuein the period earned.When required by the funding rnme:or pro cial legislation,investment income earned on deferred revenue%g§i“§1%%}3§the,'vestment and forms part of the deferred revenue .the ?nancial statements in conformity with Canadian public _standards requires management to make estimates and v,,1 affect the reported amounts of assets and liabihties and disclosure of contingeiiff:assets and liabilities at the dates of the ?nancial statements and the reported amounts of revenue and expenses during the reporting periods. Signi?cant estimates include assumptions used in estimation of provisions for accrued liabilities and in performing actuarial valuations of post-employment l3crawibrdsmith3?.swallowPage 113 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 2.Operations of School Boards and the Regional Municipality of Niagara Further to note l(a)(iii),the taxation,other revenues,expenses and overlevies of the school boards and the Region are comprisedof the following: (in thousandsof dollars)(in thousands of dollars) School Boards Region 2018 2017 72018 -2017 $r $3 $~_$ Taxation and user ‘ ' '‘ , charges 40,483 39,80,304 ~76,309 Payments~in-lieuof taxes 3,714 3,762 Amounts received or receivable 40,483 Requisitions 40,483 , Overlevies(Underlevies) at the end of year 80,071 80,071 3.Investments the Municipal Property Assé“gpent bi oration ("MPAC")and in accordance with the provisions of th al A?‘32001.Tax rates are established annually by Council, incorporating 31%“I for local services and amounts the Municipality is requiredto t on behaT rovince of Ontario in respect of educationtaxes. My nnatigwith respect to changes in property assessment.Once a nt;‘«'§‘rollis received,the Municipalitydeterminesthe taxes applicable £1tax billings. provide updated ’ supplementaryass and renders supplemen Assessment and the relatedproperty taxes are subject to appeal.Tax adjustments as a result of appeal are recorded when the result of the appeal process is known or based on management's best estimate, 14Crawfordsmith®.swallowPage 114 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 4.Taxes Receivable and Revenues —continued The property taxes receivable,tax revenue and accounts payableand accrued liabilitiesof the Municipality are subject to measurement uncertainty as a signi?cant number of appeals submitted by ratepayers have yet to be heard.The taxes receivable balance,including penaltiesand interest,are net of an allowance for doubt?il accounts of $920,000 ($920,000 -2017)in The Province of Ontario instituted a mandatory capping;Tgféamthrough the provisions of Bill 79,which limitedassessment related increases to 0 ‘in 1998,and an additional 5%in each of 1999 and 2000.Multi—residentia1,co cia:‘i d industrial property owners experiencing decreases were also capped at app Vptte to fund the phasing-in of increases.In accordance with the terms and '6‘1‘"ens of 0 ’rio Regulation 73/03 and 75/03 as made and amendedunder the Municiff Act,2001,the ‘p gbraRegion passed a by- law (2019-44)ending the applicationof Pa of t Act for thy class in 2017 and phasing out the industrialan 2018 respectively.' Taxation revenue reported on the Co Surplus is made up of the following: 2017 53 Residentialand farm taxa 100,627 Commercial,industrialand o ' supplementaltaxes”81,891 Taxation from otl;gié“i3§;§3[y§gme ,,10,730 4 *9’193,248 Payments to ion and Scltdpl B "ards 119,293 Net Property Fig and i?yments-in-Lieu '_icipagéurposes 73,955 15cmw?nd smith Q).swallowPage 115 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 5.Investment in Niagara Falls Hydro Holding Corporation (in thousandsof dollars) 2018 i 2017 $,58 Statement of Financial Position 7 5 Current assets 44,217 _54,309 Capitalassets 194,744 _187,112 Other assets 29,599 30,560 Regulatory assets 9,176 Total Assets 281,157 Current liabilities 45,330 Other liabilities 44,323 Note payable —see below 22,000 Long-term debt 41,461 Non—controllinginterest -see below ,,‘27,349 Regulatory liabilities 6,642 10,718 Total Liabilities and Other 185,899 ‘191,181 Net Assets 89,976 175,294 183,736Revenue Operating expenses '176,308 183,877 Net loss before regu“gr ac (1,014)‘(141) Regulato_rydebit;"~"4,489 2,646 Net income b‘_’”7 3,475 2,505 Non-controlli 1,245 866 Net income V 7 2,230 1,639 Adjustment on act}''"1 45 V Total Comprehensl 2,275 - The investment in NF 1 C is representedby 2,000 common shares of the company. On January 1,2008,Niagara Falls Hydro Inc.acquired PeninsulaWest Utilities Limited by way of amalgamation pursuant to a Merger Agreement dated December 19,2007 and Corporation 74.5%On October 14,2016,NFHHC acquired an additional 1,500 shares of Niagara RegionalBroadbandNetworkresultinginanincreaseinownership?orn 56.25%to 75%for$6,750,000.crawlbrd smith ®.swallowPage 116 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 5.Investment in Niagara Falls Hydro Holding Corporation -continued On July 12,2018,NFHHC acquired 750 shares,representing 75%of the total share capital of Spark Enterprises Inc.for $7.50.This acquisition has been written off due to the uncertainty of the performance of Spark Enterprises Inc.On July 12,2018,NFHHC became a member of the not—for-pro?torganizationSpark Innovation EducationalCenter Inc. The $22,000,000 note payable was unsecuredbearing inter at 4.77%and due April,2020. On July 23,2019,the Municipality served notice to NPE it,the note payable was due on or before August 1,2019.The Municipalityreceived p ' ent in full on August 6,2019. 6.Credit Facilities ‘Q _ The Municipalityhas an authorizedoperating 10g liebn de%‘ #1")bearing interest at prime less 0.5%to ass"with general finance current expenditures,a credit fac' commercialcards &/or Scotia VISA business cardholder agreement,and an authorized revol ("Facility #3")bearing interest at pri less 0. Improvement Program.As at Deceml,2018 and #3.All credit facilities are seem?‘'a borro pledge of revenue and a general securitygi of $21,000,000 ("Facility fng requirements and to of '2,000,000 _acility #2")related to s?xglioaseavailnientandinterestrate are per erm loan due on demand of $1,000,000 r.to assist in financing the Community ‘s been drawn on Facilities#1,#2 g by-law/resolution(s)containing a 7.Contingent Liabilities Legal As at December 31,2018 has certain legal claims outstanding.It is management's asse Eguate"ences and insurance coverages are in elTect for the settlement of these?‘‘Z ggifl’1C§8:§§,al the Government of Canada and the Province of Ontario in period of twenty five years from the date of completion of the K g ‘»tre,that being April 2011,the Municipality proposes to sell, lease,encumber or -'ise dispose directly or indirectly,of any part of the Scotiabank Convention Centre."lglieMunicipality is contingently liable for a proportionate amount of ?mds in the amount of $70,000,000 contributed equally by the Government of Canada and the Province of Ontario.The contingent liability is reduced 4%per annum up to twenty five years after the date of completion. 17cmwlbnismith®.swallowPage 117 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 7.Contingent Liabilities -continued Visitor TransportationSystem ("WEGO") The Municipality must notify the Government of Canada and the Province of Ontario in writing,if at any time during a period of twenty five years from the date of completion for fixed assets and ten years for non-fixed assets of the WEGO system,the Municipality proposes to sell,lease,encumber or use assets i11a ma ‘ r other than described in the agreement or otherwise dispose directly or indirectly,of -Wyfipartof the ?xed or non-fixed assets purchased,constructed,rehabilitatedor improv 'The Municipalityis contingently liable for a proportionate amount of $50,000,00 ,7 ‘buted equally in total by the Government of Canada and the Province of Ontarig,1’or f ,,assets,the contingent liability is reduced 4%per annum up to twenty five yefsi?it of completion,that being April,2015.For non—?xedassets,the conting liability is red r‘1,Au “st,2012.e a.a’ A requirement of PSAB is that obligate)’3 ese These reserve funds are cg oblig jtory a’Provincial legislation restricts how these ?inds may be used and,ukrferce ‘in circu ‘Atances,when these funds will be re?mded. _roved the expendituresand used the funds for the deve V ment charges were raised.These funds have been set aside, Vent vgesAct,to support the cost of growth related to capital evei ment. (in thousandsof dollars) i 2018 i 2017 ‘$,, $ 2%Parklanddedica ion 1,487 :1,388 Public purpose 1,449 ‘1,255 Federal gas tax rebate 12,476 ‘10,625 -, I 620 ' Non-discounteddevelopment charges 20,852 17,75143,524 — 36,934 18Crawfordsmith@.swallowPage 118 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 9.Deferred Revenue Deferred revenue includes $5,162,500 related to a thirty year lease for space agreement between the Municipality and Metrolinx as part of the WEGO bus program.The Municipalitymust notify Metrolinxin writing,if at any time during a period of thirty years ?om the date of completion for the WEGO bus storage and maintenance facility,the Municipalityproposes to sell,lease,encumberor use assets in a manner other than described '-,of any part of the facility constructed,rehabilitated or improved.The Municipali amount of $5,900,000 contributedby Metrolinx.T y is reduced 3.33%per annum -April,2015.Alternatively, agreed upon amount. up to thirty years after the date of completion,t t Metrolinx has the ?rst right of refusal to purchase, A cility : 10.Post-Employment Bene?ts ,.‘ Post—employmentbene?ts Long-term disability Accumulatedsick leave WSIB —Schedule 11future liab'l'ty Vacation pay The Municipalit retired emplo ’ whichthe em‘ _arial val ions on post—employmentbenefits,it was determinedthat an 91,9 existed.This amount is being amortized over the expected I As a result of actuarial gain of average remaining 'fi lives of several employee groups.The unamortized value is $4,021,071.The ac ,fbligation is $15,977,437. As a result of actuaria‘valuationson long-term disabilitybene?ts,it was determined that an actuarial loss of $316,889 existed.This amount is being amortized over the expected average remaining service lives of several employee groups.The unamortized value is statements have been determinedon an actuarialbasis using a discount rate of 4.25%(4.25%-2017)and an in?ation rate of 1.75%(1.75%-2017).l 9crawfordsmithQ).swallowPage 119 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 10.Post-Employment Bene?ts -continued Accumulated Sick Leave The Municipalitypreviously allowed for the accumulationof sick days for certain groups of employees hired after speci?ed dates up to an allowable maximum provided in their employment agreements.Accumulatedcredits could have been used in future years to the extent that the duration of the employee's illness or in:,exceeded the current year's allocation of credits.The use of accumulatedsick days a sick leave compensation ceases on terminationof employment.Effective December 3 015,the accumulatedsick leave plans that previously existed are no longer availablet‘employees and replaced by a new non-accumulating sick leave plan.The changes 0 th nicipality's accumulatedsick leave plan resulted in a one-timedecrease to the 0 _,ligation of $1,821,663 and A *1 . is $680,471.The actual obligation is $~:w'113.~34’ A reserve fund has been establishedfort e .ulafie?sick leave liability.The balance as at December31,2018 is $1,409,218 (331,3 V £17)—see note 12. statements have been detg an act ?rigalbasis using a discount rate of 4.25%(4.25% —2017)and an maatiomett *1 2017) Workplace Safety and Insurai' 1 , V‘chedule 11Future Liability 3 treated as a Schedule II employer and as such,is requiredTheMunicipalit}:§§lv1a‘“§'T“pLSafetyand Insurance Board ("WSIB")to fund disability that an actuarial los 43$3,692,304 existed.This amount is being amortized over the expected average rem ing service lives of several employeegroups.The unamortizedvalue is $2,367,184.The actual obligation is $9,604,943. A reserve fund has been established for this liability.The balance as at December 31,2018 is —— Vacation PayAsaresult of an actuarial valuation on the accumulated vacation pay liability,it wasdeterminedthatanactuarialgainof$569,406 existed.This amount is being amortized overtheexpectedaverageremainingservicelivesofseveralemployeegroups.The unamortizedvalueis$424,988.The actual obligation is $956,265.20craw?mi smith ®.swallowPage 120 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 10.Post-Employment Bene?ts -continued Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ("OMERS"),which is a multi-employerplan,on behalf of its sta?".The plan is a de?ned bene?t plan which speci?es the amount of the retirement bene?t to be receivedby the employees based on the length of service and rates of pay.1 he AdministrationCorporation Board of Directors,representing plan members and empl;is responsible for overseeing the management of the pension plan,includinginvestmef the assets and administrationof the bene?ts.OMERS provides pension services to a 7 o 7 tely 470,000 active and retired members and approximately 1,000 employers. A Each year an independentactuary determines th tghdi?gstatuOMERS Primary Pension Plan ("the Plan")by comparing the actuarial v*%eofinvested as f dothe estimatedpresent value of all pension bene?ts that members a earn to date.‘n December 31,2018,the estimated accrued pension obligation for"a W _e"§.of the Plan was $99,058 million ($93,614 million —2017).The Plan had an a I ial value of net assets at that date of $94,867 million($88,211 million -2 .—7)indica , an actuarial de?cit of $4,191 million (3%5,403 million—2017).The Plan is ti-emplo uplan,any pension plan surpluses or de?cits are a joint responsibilityof Onta o 'eipal ganizationsand their employees.AsareoftheOMERSpensionsurplusor deficit. The amount contribute current services and is and Accumulated Surplus. On January 1,2018the 18 was $5,182,227 ($4,640,679 -2017)for "on the Consolidated Statement of Operations ma pension earnings increased to $55,900 ?om $55,300 in 201 ._ I trib s re calculated at a rate of 9%(9%—2017)for amounts up to the yea L ‘maxim nsi0 rmgsstatedaboveandatarateof14.6%(14.6%— ii ,,~'’mtsabovethearlaximum pension earnings. ilitiesQ__t ng-term liabilitiesreported on the Consolidated Statement of FinancialPosition de up as follows: (in thousandsof dollars) 2018 ~2017 $-$ V ' school boards,other municipalitiesand municipalenterprisesbearinginterestatannualratesrangingfrom1.2%to 5.35%and outstandingduringtheyearis 48,177 51,813 2 1crawlbzdsmithQswallowPage 121 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 11.Net Long-Term Liabilities -continued (b)Of the net long-term liabilities reported in (a)of this note,principal payments are due as follows: 2019 2020 2021 2022 2023 Thereafter (c)The long-term liabilitiesin (21)issued in th 9 by by-law.The annual principal and int are Within the annual debt repaymen ' Affairs and Housing. 7)are included on the Consolidated Statement of Operations and Ac ‘u V V as,classi?ed under the appropriate functionalexpense heading. 12.Accumulated Surplus (in thousands of dollars) 2018 r 2017 $$ Invested in tangiblgré?i?_749,259 721,533 gpera?ngany in d 3%sgggzst eserves an erve n *3 -, Niagara Fallgsgg ,0 Ho1din§%orporationnetequity 1l4:251S 111,976 957,483 ,925,701 Amount to be recov“gosbemploymentbene?ts (32,261)(31,589) Amount to be recoVere,’—net long-term liabilities (48,177)(51,813) (80,438);(83,402) 877,045 I 842,299 22crawfozzismith®.swallowPage 122 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 12.Accumulated Surplus -continued (3.)Operating fund balance (in thousandsofdollars) 2018 2017 $119 For general reduction of taxation (154)(2,582) For general reduction of user charges respecting waterworks 1,006 I 1,026 For general reduction of user charges . respecting wastewater v For general use by the parking fund 1 For general use by the Library Board For general use by the Business Impro Areas and Convention Centre For general use by the Airport Cossion 10 1,876 17 ,16 272 160 5,459 g 5,100 248 242 5,838 Reserves and reserve ?md balances (in thousands of dollars) 2018 ,2017 $:$ Reserves set aside by cou i?c purposes: Working 265 265 Operat‘“gspeci S 1purposes 12,501 31,780vi:_2,151 I 1,851 Wast r ,6,549 5,129 Capital spe‘5:%lAugses: General 30,413 ‘14,372 Water jg‘*6,768 7,239 Wastewater 6 5,220 i 5,946 Total Reserves 63,867 5 66,582 craw?mi smith ®.swallowPage 123 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 12.Accumulated Surplus -continued (b)Reserves and reserve ?ind balances —continued (in thousandsof dollars) 2018 -2017 ‘$ Reserve Funds set aside by councilfor speci?c purposes: Licence agreements -40 years 6 Sick leave liability-note 10 1,391 WSIB -Schedule II -note 10 1,316 Recreation trail development 85 Capital/Operations-see note 14 6,423 Tree planting -developers 76 Sewer and water impost 1,543 Expansion and renewal 271 Drainage 5 738 Prepaid works projects contribu 237 Sidewalk construction 37 Future municipalworks 723 Lot drainage 190 Library funds 1,606 Sanitary 462 Sports ?md ,_ 6 5 Projects —special nee‘n V i W 18 17 Parking ,-Ea 122 ,_122 Coat of 311%‘4‘' V 3 ‘2 Lundgg;ane bus impgementpurposes 117 117 Boar useum 4 uses 4 4 Niagara _el Co unity Improvement '481 524 Water patr ‘boat V 14 ‘20 Branscombe ;ly€Grant 4 '4 OMCC Grant ye?366 1 Willoughby museum 'I 98 Chippawa Arena debenture surplus I 1 FMC/Visitor Transportation System 3,894 ~3,819 Total Reserves and Reserve Funds 85,315 86,354C1‘8W[bltl smith ®.swallowPage 124 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 12.Accumulated Surplus -continued (c)Niagara Falls Hydro Holding Corporation net equity V (in thousandsofdollars) 2018 y_2017 s I j :1; Balance,beginningof year 111,976Ti 110,859 Net income ,2,230 3 1,639 Dividends -non—controllinginterest 1 '(522) Acquisition ft,‘*3, Balance,end of year Tags 111,976 13.Trust Funds Trust funds administeredby the Municipalityam mg to $4,130,734 ($3,941,371 —2017) -5'of Financial Position nor have their -'t of Operations and AccumulatedoperationsbeenincludedintheCons i Surplus. ditures iasedon projects in progress at December 31, "1 7 as’39,096 -2017)a?er deducting the expenditures 18.T ese projects will be ?nanced by grants,subsidies, tion reservesandlong-term liabilitiesin ?.1tureyears. 2018 is approximately$ incurred as at Decgégr 31, reserves,transfeIntemationa} wayBridg The Mumcipa saconion of the purchase of the CN/CP Railway Corridor,has the responsibilityfor costs demolition of the InternationalRailway Bridge by December 2021.This conditi '>s ject to being waived if the bridge is subsequentlysold to a third party or if demolition ,cedures have not commencedby CN/CP prior to December 2021. The Municipality has t aside a reserve fund (Capital/Operations)amount of $4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose.In addition,the Municipality is committed to reimburse CN/CP the lesser of the actual incurred on International Railway Bridge or $100,000 on an annual craw?mi smith ®.swallowPage 125 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 14.Contractual Obligations and Commitments —continued South Niagara Site Hospital The South Niagara Site Hospital (the "Project")construction budget estimate is approximately$1 billion.The Province is expected to fund the majority of the Project,Six southern tier local area municipalities,namely Niagara Falls,Pelham,Port Colborne,Thorold, Wain?eet and Welland,are required to contribute approxiggely$35 million to $45 million toward the total local share contributionof $212 millio 5 Aitthistime,it is uncertain how the total local share contribution willbe allocated betwe "" Past construction budget discussionsrelated to the Pro $22 million to be contributed by the Municipality.pg "7-. »v‘ 5 e six southern tier municipalities. ulted in an estimated amount of 15.Statement of Cash Flows Changes in cash components include: 7 (inthousandsofdollars) 2017 _ .$ Change in investments '3 r (2,540) Change in taxes receivable ;658 Change in accounts receivable »(2,302)2,532 Change in user fees i I I '20 (214) Further to note 1 (a)(ii the following contributions were made by the Municipalityto: inthousands of dollars) Niagara District Airport Commission ;‘2_'60‘~§The Municipality's share of the net assets of the Niagara District Airport Commission isapproximately36%.26craW?m1'smith ®.swallowPage 126 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2018 17.Segmented Reporting The Municipalityis a lower tier municipalgovernment that provides a wide range of services to its citizens.Segmented information has been identi?ed based on functional classi?cation as categorized by the Financial Information Return.These classi?cationsare as follows: General Government The mandate of this functional area is to provide pol‘‘cal governance,administrative executive management and those expenses and revenue Eichare corporate in nature and cannot be easily apportioned to other departments.1 -orted in this ?mctional area are ‘guman Resources,Legal,and Information Systems._.3 Protection ,1% Reported in this ?mctional area are Fire,2,icingfor the I Districts and Building Services.The mandate of Fire Services ',pro\§%eemergen services through a range 2 eiinhabitants of the Municipality.The gional Municipality of Niagara Police for its share of policing costs related 1 ‘es is to inform and assist customers of services to protect the lives and proper Municipality has an arrangement with th Services Board that requires the Mcipalityt to the casino districts.The mandate s «'»ilding to ensure safe and orderly develo Transportation ~ Reported in this functio 1 Roads is to provide‘.' and businesses of the .— e Roa ,Parking and Transit Services.The mandate for and 5§_§"maintenance and operations to the residentsareaisalsoresponsibleforwintercontrol.The ing opportunities and enforcement regulations The mandate of Transit is to provide a safe,reliable, ‘—'§po?ationsystem within the urban area. throughout th ali ef?cie blrc to provide a sa rg _ and operation0 sy§§t,ms and monitoring and administeringenvironmentalprograms. Reported in this are (the "Centre").The mandate of Cemetery Services is to ensure the bene?t and protection of each citizen who has purchased or has an interest in internment rights within each of life and well-being of and recreational needs by offering programs and services in a safe and comfortableenvironment.27craw?md smith ®.swallowPage 127 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December3 l,2018 17.Segmented Reporting -continued Recreationand Culture Reported in this functional area are Parks,Recreation and Culture.The Parks division is responsible for the maintenance,improvement and beauti?cation of various parks as well as the planning and construction of new parkland and open space.The Recreation and Culture department is responsible for the delivery of various related programs and the provision of facilities as well as the support of groupsorganizations throughout the Municipality.Vi’ Planning and Development The Planning depaitment creates the policy frame_ to shape the future of the Municipality.T '"ensuring that the Municipality's land de?jlop development applications.2 ‘R’ : For each reported segment,revenue and exp s gi?gesentbotamountsthatare directly allocated on a reasonable basis.The nsistent with those followed in the ee note 18 for a discussion on the budgeted ?gures provided. 18.Budget Figures d 2018 includes the budgets approved by icipal enterprises and is re?ected on the ccumulated Surplus.These numbers have not The consolidatedoperatin the Municipality,seve Consolidated Statemento fundsare on a project-orientedbasis,the costs of which ears.As such,they are not directly comparablewith ave not been re?ected.Budget figures have been 28crawlbrdsmith®.swallowPage 128 of 445 CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December31,2018 18.Budget Figures -continued The chart below reconciles the approved budget ?gures reported on the Consolidated Statement of Operations and AccumulatedSurplus. (in thousands of dollars) 7 Budget r $, Approved Operating Surplus ~ Add: Library operating surplus (before capital,dc to reserves)1 375 ' Niagara Civic and Convention Centre 0 1,134 Net transfers to reserves 5 22,448 Principal repayment of long-term liabilities ,3,636 Less:1,'; Net transfers of indirect costs x (272) Surplus Reported on the Consolidate ,perations and Accumulated Surplus 27,321 19.Impact of COVID-19 Pan -utbreakwas declared a pandemicby the World Health Organization and ha t ?nancial,market and social dislocating impact. The ultimate duration and -gnitu 6’of the COVID-l9 pandemic's impact on the Municipality's o ..O’ciglposition is not known at this time.These impacts ’’'?ows and changes to the value of assets and liabilities. um ipalitycontinues to actively monitor and assess the impact ervices. In order to mi ate risk,t r - on its operatin“l%Qvitiesan H 20.Comparative Figurég; Certain of the comp _r’i€Ipe?gures have been reclassi?ed to conform with the ?nancial statement presentation:dopted for the current year. 29crawibzdsmith®.swallowPage 129 of 445 Eoamkm.@5.5%walvaws om muuonwnrnnmmaooomoum :24; azdq93.32223.:Rm2ead amamamwe..SE3sun $3NSK.23.2$3.5unEoa< ....3mmEanuieuum SmSmmi2.2Ggi$3.9£351§_s§tu.£ macumm«ESmmm02§5&aE§uw2:new 5.33m.-NMQN5.38223£3§.:.au2uB.su 83K}2::33~3%3%$3?amaEa?cauewuunano $3.33833.222:95.2$2:mm?as3&5muuamunonnw Sm?Sim:35.3fSwm?$3:$32 $3988.?u.as35.53mm 1333oE_.mnE.«o?momm?nommou.....«miEa.acw??“$325Ea?su $3an:S.‘33.23.33.‘5.3ENKNvac mwm£3.$2.$3$223$uu.&?uBEu>cD %.\..$Ra?Ens.mum3N?«.3«mm9920anma?a: .....0%.:?u?£1?Eusaa a=nu>oM mwwwmmwW _mao<?au<35¢.~Bu<smvam .noEno._m>nmEuE=oH_>nmu:uE:oh>=m_§.€c&.E.~Hao_..NcommnEHan?u?am:c_.U2o._m..?oEEu>oU.EuEEu>omvuuuEEu>o03550E25EsauAmuwmovmomunnmso?abwSNJmHOQHEODQvownu50%on“newwz?mommmAH.,H,HZmH—ZUmmmHOmqbnmmomOUEHZOnmAA<,_.H<M<U<~ZmoVHHUHIEKOZOHH<MOa—MOUPage 130 of 445 Hm mayo:wmvmnmm?ooommom wnwm—3.»Ean? $3283:$3:$3maN$3 omvdS383...82355 o$.¢~3&8.Eo:.§.a?_.sa< omn?ma3$353onemESEE?u? ...S3:mmESEEs?qa?a $3$2$22:mmmmnum?nxuEu?nman5.5. Km?N??Rm.38}amXmEsauE6559 9&3Smmm§.m~NEERmsagaEmu???aMEE8 «Raw:33S~.%3.32322moms»ma35% nuhzmununxmn $2:$28232eta82gm :3sad.3:S.mama 5&8u?mwa?mo_no%.._.5mmod mmo;mn?u....um.cm.§=umwu?mnnEuEEu>a0 83:8_.$33mmm532:see Ime302E3mum9..Qm??mEuBEu>oU...Samwoman32%«mm.8mm33%Eu"8..3: mam»Sn:V3,?S3..aocaah u=:u>oym »Ewmwa 56¢_B.o<12%_meu<36¢swuam_~au<:32smvam is»EekE8..E§§2aonB330Beau22:6EsmEoomEsmE??aE55manna:\8_.§8mac._.8.3mE3853.Esm53$Exammmanmoumowummmso?QCwSNHm.5nEoooQuowauRommanHowoyaemommmnm?zmgommHOmqb?iomOUHQHZO.mA._<m<M<U<HZHOWHHOHEBMOZO—H<MOmMOU Page 131 of 445 .&o-mEm.@Sham.Egg mm mouomm?cmnmm?oooacom Swamp3,3...u~».wem%w 31%.33”31%ae?tmE.135 83$mmmamm33«endwmwbmmm53.3» own;V2.$an8...msHuang moms:83:$3E..-~mesa wmSam83:m3o8.m$_?:.»Eno.n>nm uksuua?auunm $3mN838cm?woo?m VD»M:Novm..nmEu>o._%E3323 393wmmdmwe5SimmmSmmu_uEu> $3:mad"8%$333»N32.355»Eaaée? :3:ammamGmEN3%»33:mmnemam w8.o~5.2mmMwe3?M83wEuEu>o.=mEME5 QEVNK.Nuwawmo?E5 iuunuw wSN wwmmww o£w>Eu?m?mommm?En?mwmmommm?mnoEww<50% nou§€oE<vB2=E:uo<G00Awazowmomunmmao?adw?omJmuunnnouo?vuunuH3»05MommHmmm<.H<,H~.m<UHAMHUQHKOmmibnm?omOUEHZO.mqq<m<M<U<~ZmoWHHUNEHHOZO~H<MOmMOU Page 132 of 445 mm Eoawkm..@SEEEQBNU wagonw?bnmm?ooowcom ave? 33$¢-5%..:u.:._?fe? 923333mmo2;$3? $93:.NM?momam»K..533 Nm1%:83:So833naom NVSR$32mmEN.71»E?an?snm uu?uiam?m? 23$Exam3?antm mswamEm:33msmmm£oEu> $3:$2:So~32Eu?m?wu«Emeéesm :15:82%mm33:au?sm 80,:woodHmam??nuE»>o.&§E3 mmo?omm?EH5 _n..u=uO 28 wwwwmm u=_a>Eu??amomwa59%So??nmou?nwnoEdv<hue? «oz,.n3£,=E=uu<«$0Amumaov.wOmmnmmsc?w?omJmHUQEOOHQuovno.89»o?HowmEmm<A<r:.m<Dmqmnwz?MOmmqbn?mumOEHZO.mqq<m<M<.U<~ZmoWHHUEHmoZOHH<MOhMOU Page 133 of 445 September 3, 2019 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Members of Council: We have been engaged to audit the consolidated financial statements of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2018. The purpose of this letter is to communicate with you regarding all relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence. The following comments have been prepared to facilitate our discussion with you regarding independence matters. We hereby confirm that we: ·Have complied with the requirements regarding independence in the Chartered Professional Accountants of Ontario's CPA Code of Professional Conduct; and ·Have disclosed all relationships and other matters between the firm, network firm and the Municipality that in our opinion may reasonably be thought to bear on independence. We are not aware of any relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence, that have occurred from January 1, 2018 to September 3, 2019: This report is intended solely for the use of the Members of Council, management and others within the Municipality and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 134 of 445 September 3, 2019 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Members of Council: The following is the communication prior to the completion of the audit of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2018 required under Canadian Auditing Standard 260 of the CPA Canada Handbook. Auditors' Responsibilities under Canadian Auditing Standards and Planning the Audit The December 31, 2018 consolidated financial statements are covered by the auditors' report.The preparation of these consolidated financial statements and the accompanying notes are the responsibility of management. Our responsibility is to express our opinion on these consolidated financial statements based on our audit. An audit is performed to obtain reasonable but not absolute assurance as to whether the consolidated financial statements are free of material misstatement. The audit includes assessing the risk that the consolidated financial statements contain material misstatements, examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements, assessing the accounting principles used and their application and assessing the significant estimates made by management. It is management's responsibility to ensure that the internal control systems are capable of producing accurate and timely financial information. In making our risk assessments, we consider internal controls relevant to the Municipality's preparation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. We will communicate with you in writing concerning any significant deficiencies in internal controls relevant to the audit of the consolidated financial statements that we have identified during the audit. Page 135 of 445 Audit and Non-Audit Services The following are the audit and non-audit services that we are providing to the Municipality and its related entities: We will audit and report on the consolidated statement of financial position of the Municipality as at December 31, 2018, and the consolidated statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended. The estimated audit fee for the fiscal year ended December 31, 2017 will be $ 37,950. Additional services in the amount of $ 20,050 will also charged. In addition, we will perform the following services to the Municipality: ·We will assist in the preparation of the Financial Information Return and the audited consolidated financial statements of the Municipality. ·We will audit and report on the statement of financial position of the Niagara Falls Public Library Board as at December 31, 2018 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. The standard audit fee for the fiscal year ended December 31, 2017 was $ 7,650. Additional services in the amount of $ 350 were also charged. ·We will audit and report on the statement of financial position of the six City of Niagara Falls Business Improvement Areas as at December 31, 2018 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. The standard audit fees for the fiscal year ended December 31, 2017 in total were $ 16,400. Additional services in the amount of $ 5,900 were also charged. ·We will audit and report on the statement of financial position of the Niagara Falls Convention and Civic Centre Inc. as at December 31, 2018 and the statements of operations, changes in net assets and cash flows for the year then ended. The standard audit fee for the fiscal year ended December 31, 2017 was $ 17,000. Additional services of $ 1,000 were also charged. ·We will consolidate the audited financial statements of Niagara Falls Hydro Holding Corporation as at December 31, 2018 on a modified equity basis. The financial statements of Niagara Falls Hydro Holding Corporation will be audited and reported on by KPMG LLP. We will be placing reliance on these audited financial statements. Page 136 of 445 ·We will issue a management letter for the Municipality and the Public Library Board, each Business Improvement Area for the year ended December 31, 2018. ·We will review the material required to be published under Section 83(3) of the Municipal Act. Audit Approach The following is a summary of the audit approach of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2018. This list is not meant to be all inclusive, nor in any way to restrict the communication of other matters. General approach to the audit: Our audit approach for the Corporation of the City of Niagara Falls, Ontario is customized and modified as necessary to ensure that all aspects of the engagement are covered effectively. Our engagement can be divided into the following major segments: Segment One - Planning: We prepare a detailed audit planning guide, which among other things includes a review of the prior years working papers, management letters, correspondence, etc. to ensure that all matters documented for follow-up in the previous audit are addressed in the current year. Segment Two - Year-end Substantive Procedures: Year-end substantive procedures are essentially the verification of various consolidated financial statement balances. The time required and the extent of these procedures are based largely on the results of our audit plan and supporting working papers available to the audit team. In most cases certain substantive procedures may be performed satisfactorily in conjunction with the client's preparation of related working papers. We will request written representations from your lawyers as part of the engagement if lawsuits are outstanding. As part of our audit, a letter of representation is requested from management. This will confirm that management is cognizant of their responsibility to disclose issues that may be material to financial statement presentation Areas of the financial statements as having a high risk of material misstatement: Areas of audit have been assigned a risk rating from low to medium. We do not feel that they warrant further discussion at this time. Materiality and audit risk levels on which the audit is based: An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements. Therefore, our audit will involve judgement about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance whether the consolidated financial statements are free from material misstatement. Page 137 of 445 However, because of the concept of reasonable assurance and because we will not perform an examination of all transactions, there is a risk that material errors, irregularities, or wilful or accidental violations of law and regulations including fraud or misappropriation, may exist and not be detected by us. We will advise you however, of any matters of that nature that come to our attention. For purposes of our audit, we have established a preliminary materiality figure of $ 2,700,000. How matters requested by the Members of Council during the planning process affected the planned nature and scope of the audit, including any extensions of its scope requested by the Members of Council or management: We have not received any requests from the Members of Council to extend the scope of our audit work. Please feel free to bring any additional areas of concern to our attention. Use of specialists: Reliance will be placed on the actuarial reports for Post-Employment Benefits, Accumulated Sick Leave, WSIB Schedule II Future Liability and Vacation Pay Benefits as prepared by Nexus Actuarial Consultants Ltd. These actuarial valuations were updated for the year ended December 31, 2017. The next requirement for updated actuarial valuations is for the year-ending December 31, 2020. Timing of the audit: The timing of our audit engagement is as follows. Audit planning and interim testing will take place over a four week period in September 2019. Final fieldwork will take place over a six week period commencing in October 2019 provided staff is ready for us. Scheduled meeting with the Director of Finance to approve the consolidated financial statements and the date of the auditors' report: We will meet with the Director of Finance to discuss the consolidated financial statements and results of our audit, the management letter, and any other issues that need to be addressed. At this point, we will request that the Director approve the audited consolidated financial statements. This will be the date on our auditors' report for which we express our opinion on the audited consolidated financial statements. Page 138 of 445 Engagement Team The engagement team will consist of: Christine Morrow CPA, CA, Engagement Manager and Mark Palumbi, CPA, CA, LPA, Engagement Partner. The engagement manager will be responsible for the day to day provision of professional services and supervision of the review process. The engagement partner holds a Public Accounting License issued by CPA Ontario and is responsible for the engagement and its performance, and for the report that is issued on behalf of the firm. This report is intended solely for the use of management within Corporation of the City of Niagara Falls, Ontario and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 139 of 445 Q $MlTH&%SWALLOW CllarleredProfessional Accountants LLP J”CRAWFORD 4741Queen Street Niagara Falls,Ontario L2E2M2 T 905 356 4200 F 905 356 3410 July xx,2021 Members of Council Corporation of the City of Niagara Falls,Ontario 4310 QueenStreet Niagara Falls,Ontario L2E 6X5 Dear Members of Council: The following is the communication 0 Corporation of the City of Niagara Falls,Ontario for the year en y 'nder Canadian Auditing Standards 260 and 265 of the CPA Cal”‘’4 ‘"stis 6?”meant to be all—inclusive, Completion of Extema The responsibilitie e consolidated ?nancial statements is to form and express an op ”al statements which have been prepared by managementy financial st‘agent tier those charged with governance of their A _opinion as to whether the consolidated?nancial tWCanadianpublic sector accounting standards the Q i misappropriationof assets may not necessarilyresult in a misstatement of the ?nancial statements.Auditors do not make legal determinations of whether fraud has actually occurred.Fraud involvingoneormoremembersofmanagementorthosechargedwithgovernanceisreferredtoas"management fraud";fraud involving only employees of the entity is referred to as "employeefraud".In either case,there may be collusion with third parties outside the entity.We confirmthat there were no ?ndings offraudto communicate to the Members ofCouncil.Page 140 of 445 Consideration of Laws and Regulations Consideration of Laws and Regulations in an Audit of Financial Statements,CPA Canada HandbookCAS 250 states that the term "non-compliance"means "acts of omission or commission by the entity,either intentional or unintentional,which are contrary to the prevailing laws or regulations.Such acts include transactions entered into by,or in the name of,the/;:3e,gitity,or on its behalf,by those charged with governance,management or employees.Non liancedoes not include personal misconduct (unrelated to the business activities of the en y those charged with governance,management or employees of the entity."As explained Canada CAS 250, 7 diting standards Agto the entity ‘with that .rlitlx;ggh procedures applie iiinay s and regulations to the ”pliancethe auditors are not bring instances of non-compliance or suspected n p,, auditor's attention,in the absence of identi?ed or susgj“" We con?rmthat no evidence which ' found./ Weaknesses in Internal Control Internal Control in the Context of an following guidance cone 'the commu CPA Canada Hrtndgg ‘ those "intemal co ‘ mg the audit,the auditors would consider only n of the ?nancial statements in order to design ,ggin audit is not designed to consider whether ufposes.Consequently,the auditors would only \ genie to the auditors‘attention during the ?nancial tors may not identify all the weaknesses that exist.A weakness in 'ency in the design or effective operation of internal control.The in internal control is in?uenced by matters such as the auditors’ itors'preliminary assessment of the components of audit risk and _auditors.For example,if the auditors use a substantive audit Iiilar?nancial statement assertion,they will not perform tests of controls in this auditors‘knowledge of controls in this area will generally be limited. rs will not have a detailed knowledge of the control systems that enhance opinion on, internal con 12 » ists a or aunableto1-gvent,or detect and correct,misstatements in the ?nancial statements on a timely basisoracontrolnecessarytoprevent,or detect and correct,misstatements in the ?nancial statementsonatimelybasisismissing.A significant de?ciency exists when a de?ciency,or a combination ofdeficienciesininternalcontrol,is of suflicient importance to merit the attention of those chargedwithgovernanceintheauditor's professionaljudgment.The matters being reported are limited tothosede?cienciesof suf?cient merit to be reported to those charged with governance.Please referto the management letter issued forfurtherdetails about any de?cienciesidentifiedPage 141 of 445 during the audit. Related Party Transactions As explainedin Related Parties,CPA Canada Handbook CAS 550,auditors conducting an audit in accordance with generallyaccepted auditing standards may identify related party transactions which are not in the normal course of operations and which,in the auditors‘profess al judgement, involve signi?cantjudgements by management concerningmeasurement or di ‘cl ‘ We con?rmthat no such transactions requiring the Members of Co be informedwere identifiedduring the audit.We also con?rmthat the Municipality ht to identify related party transactions. Signi?cant Accounting Principles and Policies The auditors should determine that the Members of Coun ' (3) method of application;» (b)the effect of signi?cant accounting policies in unique to an industry; (c)the existence of acceptable a particular policy or method use (d)the extent to which the ?nancial atements. non—recurringamounts recogniz urin transactions are s t ly disclose (e)the effect of jansactiotig e that the MemtiibeérsofCouncil are informed about: and related judgements made by management,in formulating ounting estimates and disclosures (for example,disclosures related ’ing use?il lives assigned to tangible and intangible assets;(1)the timing of transactions that affect the recognition of revenues or avoid recognition ofexpenses;and(g)disclosure of estimation uncertainty in the ?nancialstatements.We confirmthat all management judgements and accounting estimates observedduring the courseoftheauditwerereasonableandsupportedbyappropriatedocumentation.Page 142 of 445 Financial Statement Disclosures The auditors should determine that the Members of Council are informed about: (a)the issues involved,and related judgements made,in formulating particularly sensitive ?nancial statement disclosures; (b)the overall neutrality,consistency,and clarity of the disclosures in the ial statements; (c)the potential elfect on the ?nancial statements of signi?can “},';g$l(S,exposures and uncertainties(such as pending litigation);and e2 (d)the selective correction of misstatements. We con?rmthat there are no other issues as described above ii of Council.»" Other Matters Arising From the Audit In accordance with CPA Canada Handbook CAS (primary entity)include ?nancial information from . subsidiary,investee [other than a portfolio investme?? ?nancial information from ?nancial statements is include auditor communicateswith the M ’ entities that in the auditors‘judgeme as: venture;or an entity whose hose of the primary entity),the ’s relating to the component ,4, 4 ,,ya (a)instances where the group enga enttea ,,f the work of a component auditor gave rise to a concern aboti /e no matters of significance related to the consolidated ?nancial ntity that require communication to the Members of Council. Kr communicate with the Members of Council any major issues discussed withmanagemiiiinconnectionwiththeinitialorrecurringappointmentoftheauditors,including,among other matters,discussionsregarding the applicationof accounting principles and auditingstandards,and fees.We con?rmthat there are no major issues in connection with the recurring appointment of theauditor.Page 143 of 445 We con?rmth I The auditors inform the Members of Council of any signi?cant difficulties encountered while performingthe audit,includingsigni?cant delays in management providing informationrequired for the audit,an unnecessarily brief timetable in which to complete the audit,extensive unexpected effort required to obtain sufficient appropriate audit evidence,the unavailability of expected information,restrictions imposed on the auditor by management,and manageme%unwillingness to make or extend its assessment of the entity's ability to continue as a g oncem when *5»!requested.%;? We note that the timing of the completion and receipt of informati consolidated entity level resulted in difficultiesin the performanc audit. The auditors inform the Members of Council of any signi?c correspondence with management,while performing t affecting the entity and business plans and strategies misstatement and written representations requested. it including busines may affect the risks 0 Please referto the management letter issued forfit _’tailsa Q;iiysigni?cant matters that were discussed or communicatedwith management ti C Qggh?rseofthe audit.Please see shall communicatewith the _3 they,individually or iI1 t.The a?ors‘communicationshall ,'tor s 1511request that uncorrected In accordance with CPA Canada Han Members of Council uncorrected ii aggregate,may have on the opinion identify material uncorrectedmisstatein misstatements be corrected. masawhole.However,in accordance with the _W2),we request that the Members of Council /3’ g‘ Members of Council of any other signi?cant matters relevant to the including material misstatements of fact or material inconsistenciesin during the audit. CRAWFORD SMITH &SWALLOWCHARTEREDPROFESSIONALACCOUNTANTS LLPPage 144 of 445 ?SMITH &§SWALLOW Chartered Professional Accountants LLP mCRAWFORD 4741 Queen Street Niagara Falls,Ontario LZE2M2 T 905 356 4200 F 905 356 3410 July xx,2021 Mayor Jim Diodati and Members of Council Corporation of the City of Niagara Falls,Ontario 4310 QueenStreet Niagara Falls,Ontario L2E 2L1 Re:Audit of 2018 Consolidated Finan Council,Inhabita ,the objective of our audit was to express an 'pd our audit included considerations of internal controls rel at V statements /. W646 \internal controls or for identifying all signi?cant Accordingly,ou audit would not usually identify all such matters that nd it is inappropriate to conclude that no such matters exist. ‘f the CPA Canada Handbook,Assurance,the auditor is required to M ?fsgecharge th governance and management de?ciencies in internal control that the auditor l1 nti?edngthe audit and that,in the auditor's professional judgment,are ''weto merit their respective attentions.Page 145 of 445 _2 _ Contracts ~December 31,2014 As part of our audit procedures,we regularly request backup documentation related to certain transactions from Finance department staff.In certain instances,a contract or other documentation was forwarded to us for review by way of another department.Alter»reviewing the documentation,we found that had this been provided to Finance department V ‘?ffwvheninitially received or generated,the accounting treatment for these transactions maybeen different. We recommend that all contracts generated/signed/received by all departrrii?W e forwarded to the J ccounting records of the Municipality and to be kept for ?lture reference. Infrastructure Documentation —December 31,2014 iicyclethat informatioInaprioryearwenotedaspartofourtestingofthe?xe *‘ y the Finance department 1capitalprojectcompletiondateswerenotbeingforwar, manner.This has an impact on the accounting for tinprogressistobecapitalizedanddepreciated.‘ The following items have been resolved satisfactorily s I ’'reported: Employee Credit Card —December31 Employee Credit Card Summary App This communicationis prepared solely for any other purpose.We accept communication. eMuvliiéxiaalityandisnot intended ’party that relies on this e staff for all their assistance and co-operation bove matters ?lrther,please contact our of?ce at We would like to 1 during our audit Page 146 of 445 F-2021-40 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-40 GROW Grant Request for Property Tax Forgiveness RECOMMENDATION That Council not approve the grant request for GROW for the purpose of subsidizing property tax payments for the property located at 4377 Fourth Avenue, owned by Pamela Ferrell. EXECUTIVE SUMMARY Pamela Ferrell, Executive Director of GROW and owner of commercial property located at 4377 Fourth Ave has requested that the City consider a grant for the registered charity GROW. The grant is to assist GROW in paying property taxes at 4377 Fourth Ave for which GROW is responsible pursuant to a commercial lease agreement with landlord, Ms. Ferrell. The request should be denied as to align with Council’s March 3, 2020, decision to continue the strategy of not entertaining any new grants. The City has provided GROW with the charity tax rebate that every not-for-profit organization is entitled to that is in a similar landlord/tenant relationship. Other options outlined below are available to Ms. Ferrell to possibly reduce property taxes at 4377 Fourth Avenue. Furthermore, as property owner and landlord, Ms. Ferrell may indirectly benefit from GROW receiving such a grant. BACKGROUND In late 2020, Ms. Farrell contacted Mayor Diodati, seeking tax forgiveness for the commercial property located at 4377 Fourth Ave. The Finance department filed a 357/8 tax application on Ms. Ferrell’s behalf for property assessment classification change from commercial to exempt, based on the registered charity status of the current tenant GROW. This application was returned to the City with no recommendation from MPAC as Ms. Ferrell is the owner of the property, not GROW, the not-for-profit organization. Under Section 3(1)12ii of the Assessment Act to be eligible for exempt status or for Residential tax class assignment under Section (1)2 of O. Reg. 282/98, the land must be owned and operated by the non-profit service or organization. Page 147 of 445 2 F-2021-40 July 13, 2021 Subsequently, the Finance department suggested to Ms. Ferrell that she apply for the Niagara Region’s Tax Rebate for Charitable Organizations Program (Niagara Region Bylaw 102-2009) as this program is designed to accommodate situations where a not- for-profit organization is the tenant of a commercial property. GROW applied for the Charity rebate and was successful receiving the 40% property tax rebate for 2019 and 2020. After applying the rebate, total 2019 and 2020 taxes owing to the City, Region and School Boards, is $7,406.25, see table 1. According to the CRA website, GROW’s effective date of becoming a charitable organization is March 10, 2020. The City did not prorate this rebate based on the CRA effective date. Table 1 Year Tax Levy (all authorities) Charity Rebate Approved (40% reduction) Taxes owing after rebate 2019 (Purchased June 20, 2019) $4,232.87 $1,693.15 $2,539.72 2020 $8,110.88 $3,244.35 $4,866.53 Total $12,343.75 $4,937.50 $7,406.25 On May 31, 2021, Ms. Ferrell contacted Mayor Diodati requesting that the City consider providing a grant to GROW to waive or subsidize property taxes for 4377 Fourth Ave. The City has not received any property tax payments from GROW or Ms. Ferrell since the purchase of the property June 20, 2019. As a registered charity, GROW is obligated to file an annual Charity Information Return with CRA. Staff have reviewed GROW’s Registered Charity Return reporting period as at 2020-12-31. See CRA registered charity information return attachment. Line 4320 of the Registered Charity return “Amounts owing to non-arm’s length persons” is equal to $140. This would suggest that GROW has included the tax liability of $7,406.25 on line 4300, Accounts payable and accrued liabilities. GROW has reported $36,107 in short term assets (line 4100 and 4120) and $16,095 in accounts payable and accrued liabilities, line 4300. This financial position would infer that GROW can meet its short-term financial obligations. ANALYSIS/RATIONALE While GROW may provide excellent services in the community, addressing the determinants of food insecurity and increasing accessibility to healthy food options, GROW’s services are not within the City’s core service responsibility. As such this relationship between the City and GROW cannot be considered fee-for-service. Staff’s responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels Page 148 of 445 3 F-2021-40 July 13, 2021 of government or that should be funded by other sources. On March 3, 2020, Council agreed to staff’s recommendation of continuing the strategy of not entertaining any new grants (F-2020-10). Staff continue to support this recommendation. As the property owner at 4377 Fourth Avenue, Ms. Ferrell bears the risks and rewards associated with property ownership. There are processes available to all property taxpayers to possibly forgive or reduce property taxes. Ms. Ferrell could apply for tax forgiveness under Municipal Act, 2001 section 357(1)(d.1), tax relief for Sickness or Extreme poverty. Pursuant to City By-law 2021-54, Ms. Ferrell’s application would be forwarded to the Assessment Review Board for adjudication. Ms. Ferrell could file a Request for Reconsideration with MPAC, to review assessment in detail, free of charge, to determine if it is accurate. Concerns may be resolved without the need for appeal. Ms. Ferrell may also file a formal appeal of MPAC’s assessment with the Assessment Review Board (ARB). The ARB is an independent tribunal (decisioning making body) of the Ontario Ministry of the Attorney General. Lastly, Ms. Ferrell and GROW can restructure their business relationship, where GROW is the owner of the property located at 4377 Fourth Avenue. Under Section 3(1)12ii of the Assessment Act to be eligible for exempt status or for Residential tax class assignment under Section (1)2 of O. Reg. 282/98, the land must be owned and operated by the non- profit service or organization. Under this relationship GROW would be eligible for exempt status and the rewards of property ownership (i.e. real property appreciation) would remain with the not-for-profit organization. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no implications if the recommendation is accepted. Otherwise, the decision conflicts with the strategy of not entertaining any new grants and taxpayers must make up the shortfall and fund the unbudgeted grant expenditure. Ms. Ferrell may indirectly receive a benefit from such a grant as property owner. Approving this request may also open the door for others in similar situations to come forward and request same. CITY’S STATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practising prudent fiscal management of existing resources and by making sound long- Page 149 of 445 4 F-2021-40 July 13, 2021 term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS 1. CRA Registered Charity Information Return 2. 2019 Charity Rebate with Lease Agreement 3. 2020 Charity Rebate with Lease Agreement 4. Email Correspondence - 2020 5. Property Tax Statement as at June 7, 2021 6. Niagara Region Bylaw 102-2009 7. F-2020-10 2020 Fee for Service and Permissive Grants 8. Email Correspondence - 2021 Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer Page 150 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 1/9 Home Canada Revenue Agency Charities and Giving Search T3010 Registered Charity Information Return >>> > 4020 T3010 Registered Charity Information Return Schedule 6 - Detailed financial information Schedule 6 - Detailed financial information Statement of financial position Was the financial information reported below prepared on an accrual or cash basis? Accrual Name: GROW- Community Food Literacy Centre BN/Registration number: 754337939 RR 0001 Fiscal period: March 10, 2020 to December 31, 2020 Assets Description of assets Amount (CAN$)Amount (CAN$)Page 151 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 2/9 4100 $33,163.00 4110 4120 $2,944.00 4130 4140 4150 4155 4160 $11,280.00 4165 4166 $-1,880.00 4170 $1,319.00 4180 4200 $46,826.00 Cash, bank accounts, and short- term investments Amounts receivable from non- arm's length persons Amounts receivable from all others Investments in non-arm's length persons Long-term investments Inventories Land and buildings in Canada Other capital assets in Canada Capital assets outside Canada Accumulated amortization of capital assets (enter negative amount) Other assets 10 year gifts Total assets (add lines 4100 toPage 152 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 3/9 Statement of operations - Revenue 4170) 4250 Assets not used in charitable activities Amount (CAN$) Amount included in lines 4150, 4155, 4160, 4165 and 4170 not used in charitable activities Liabilities 4300 $16,095.00 4310 $21,138.00 4320 $140.00 4330 $9,400.00 4350 $46,773.00 Description of liabilities Amount (CAN$) Accounts payable and accrued liabilities Deferred revenue Amounts owing to non-arm's length persons Other liabilities Total liabilities (add lines 4300 to 4330) Revenue 4500 $52,242.00 Description of revenue Amount (CAN$)Amount (CAN$) Total eligible amount of all gifts for which the charity issued taxPage 153 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 4/9 5610 4505 4510 $51,717.00 4530 $620.00 4540 4550 4560 4571 4575 receipts Total eligible amount of tax- receipted tuition fees Total amount of 10 year gifts received Total amount received from other registered charities Total other gifts received for which a tax receipt was not issued by the charity (excluding amounts at lines 4575 and 4630) Total revenue received from federal government Total revenue received from provincial/territorial governments Total revenue received from municipal/regional governments Total tax-receipted revenue from all sources outside of Canada (government and non- government) Total non tax-receipted revenue from all sources outside CanadaPage 154 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 5/9 4580 4590 4600 4610 4620 4630 4640 $18,434.00 4650 $38,490.00 4655 (government and non- government) Total interest and investment income received or earned Gross proceeds from disposition of assets Net proceeds from disposition of assets (show a negative amount with minus sign) Gross income received from rental of land and/or buildings Total non tax-receipted revenues received for memberships, dues and association fees Total non tax-receipted revenue from fundraising Total revenue from sale of goods and services (except to any level of government in Canada) Other revenue not already included in the amounts above Specify type(s) of revenue included in the amount reported AMORTIZATION, IN-KIND DONATIONS NOTPage 155 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 6/9 Statement of operations - Expenditures 4700 $161,503.00 at 4650 RECEIPTED Total revenue (add lines 4500, 4510 to 4560, 4575, 4580, and 4600 to 4650) Expenditures 4800 $1,790.00 4810 4820 $122.00 4830 4840 $7,845.00 4850 $16,053.00 4860 $6,075.00 4870 4880 Description of expenditures Amount (CAN$)Amount (CAN$) Advertising and promotion Travel and vehicle expenses Interest and bank charges Licences, memberships, and dues Office supplies and expenses Occupancy costs Professional and consulting fees Education and training for staff and volunteers Total expenditure on allPage 156 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 7/9 4890 4891 $35,443.00 4900 $1,880.00 4910 4920 $92,242.00 4930 4950 $161,450.00 5000 $153,605.00 compensation (enter the amount reported at line 390 in Schedule 3, if applicable) Fair market value of all donated goods used in charitable activities Purchased supplies and assets Amortization of capitalized assets Research grants and scholarships as part of charitable activities All other expenditures not included in the amounts above (excluding gifts to qualified donees) Specify type(s) of expenditures included in the amount reported at 4920 REPAIRS, PROGRAM AND IN-KIND REPAIRS Total expenditures before gifts to qualified donees (add lines 4800 to 4920) Of the amounts at line 4950: (a) Total expenditures on charitable activitiesPage 157 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 8/9 Other financial information 5010 $7,845.00 5020 5040 5050 5100 $161,450.00 (b) Total expenditures on management and administration (c) Total expenditures on fundraising (d) Total other expenditures included in line 4950 Total amount of gifts made to all qualified donees Total expenditures (add lines 4950 and 5050) Show all amounts to the nearest single Canadian dollar. All relevant fields must be filled out. Permission to accumulate property Only registered charities that have written permission to accumulate should complete this table. 5500 5510 Description of permission to accumulate property Amount (CAN$) Enter the amount accumulated for the fiscal period, including income earned on accumulated funds Enter the amount disbursed for the fiscal period for the specified purpose Permission to reduce disbursement quotaPage 158 of 445 6/9/2021 T3010 Registered Charity Information Return : Schedule 6 - Detailed financial information : Review https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/t3010/v25/t3010Schdl6_dsplyovrvw 9/9 Screen ID:B-RR-25-SC6-REV Version:2020-07-10 5750 Description of permission to reduce disbursement quota Amount (CAN$) If the charity has received approval to make a reduction to its disbursement quota, enter the amount for the fiscal period Property not used in charitable activities 5900 5910 $27.00 Property not used in charitable activities Amount (CAN$) Enter the average value of property not used for charitable activities or administration during the 24 months before the BEGINNING of the fiscal period Enter the average value of property not used for charitable activities or administration during the 24 months before the END of the fiscal period Return to previous page Page 159 of 445 4310 Queen St. Niagara Falls,ON L2E 6X5 (905)356-7521 ext.4324 wv\M.niégarafaIis.ca 9-Apr-21 TAX REBATES FOR CHARITABLEORGANIZATIONS CALCUIJ-\T|ON OF 2019 REBATE NAMEOF CHARITY:GROW COMMUNITYFOOD LITERACYCENTRE ADDRESS:4377 FOURTH AVE MAILINGADDRESS:4377 FOURTHAVE NIAGARAFALLS ON L2E 4N1 ROLL NUMBER:2725 O10 010 09900 REBATE ASSESSMENT:265,981 AMOUNT 2019 REBATE: 2019 Taxes Paid $4,232.87 Tenant occupies whole building $4,232.87 $1,693.15 TOTAL -2019 Credit Applied to Property Taxes Outstanding $1,693.15 A Great City For Generations To Come Page 160 of 445 .Niag2x?a‘WRe'gi0'n THE REGIONALMUN|C|PALITY OF NIAGARA TAX REBATES FOR CHARITABLEORGANIZATIONS (Regional Municipalityof Niagara Bylaw 9055-98) Agglication Form Request for Tax Rebate for taxation year Name of Organization Registration No.{ifagglicablez 690W Commum+;L’F§)oQi_L.iiexacL§Cemre,HY:iigirq T :TeleQhone~No. /+377FourlclmAve,‘?0S,’L®2.(o8iCL NiO.c3aj_0LFails {OM LYLE/i-Ni Contact Name: _‘Eamci0.Farrel! Length of Time at that Address: (27TYICI/LH/L§ Date of Occugancy if less than one year: xiun?.Qi I 9.01‘? Previous Address if Occugancv is less than on§__year: hm Mailm_gAddress if different from above: I Teleghone No. Pameia¥amaii 4rif0S?§34;(g34- Revised;March 17,2005 Page 161 of 445 E l l l I l l I: 1 THE REGl0NAL MUNICIPALITYOF NIAGARA TAX REBATES FOR CHARITABLEORGANIZATIONS (Regional Municipality of Niagara Bylaw 9055-98) I Niagaraw Region ApplicationForm Please provide evidenceofa),and b): a)Square footage of the building in which occupancy took place; b)Property taxes included in lease payments for current year or property taxes paid; And,if Charitable Organization please provide evidence of: c)Proof of status as an eligible organization,(eg.Copy of Canada Customs & Revenue Agency approval). Name: _ Rxmcla?CLW€,ll Position: ExeoctisveD‘.rector 2.3.3.9.: Dec i7 [2020 Signature: APPLICATION PROCEDURE Eligibleorganizations must apply for the tax rebate on an annual basis as follows: applications for tax rebates will be accepted and Qrocessed by the Area Municipality in which the organization is located; applications willbe addressed to the Treasurer of the Area Municipality; applications will be accepted between January 15‘of the tax year and February 28°“of the following Year? applications from eligible charities re-locating within the year willbe accepted up until February 28"’of the following year for rebates for the current taxation year; applications must be made on the standard application form which will be available at the Region of Niagara and at all of the Area Municipalities. Revised;March 17,2005 Page 162 of 445 Ii’!3?é;°;”é'E§"‘'3-?“<§§n'2Z§’°“ 5.025:=gar-§Qa&_w_s'r-n ism '«>2:21;.>Em§§m?mna£Em Deta?page GROW—Community Food Literacy Centre Business/Registration 754337939 RR0001 number: Charitystatus:Registered Effectivedate of 2020-03-10 status: immr NIA Language of ENGLISH correspondence: Designation:Charitable orgzmizatian Charity type:Relief of Poverty Category:Organizaticns Re?eving Poverty Addresx 437'!FOURTHAVE City,NIAGARAFALLS Province,territory,on outside of Canada: Country CA Postal code/Zip L2E4N1 code: CharityEmail address: Page 163 of 445 Commercial Lease Agreement This Agreement to Lease (Agreement)dated this June 21 2019. Between Pamela Farrell (the Landlord) and GROW Community Food Literacy Centre (the Tenant) In consideration,the parties to this lease agree as follows: The landlord agrees to rent to the tenant 4377 Fourth Avenue,Niagara Falls,ON L2E4N1.having an approximate area of 1,952 square feet above grade,and additional 1,952 square feet below grade.The property also includes parking for 17 vehicles.(Formerly Scouts Canada Building) 1.Term of Lease The term of the lease will commence at June 21 2019 and ends at 12 noon on June 20 Egg Should the tenant remain in possession of the premises with the consent of the landlord after the natural expire ration of this lease,a new tenancy from month—to—monthwill be created automatically between the landlord and the tenant which will be subject to all the terms and conditions ofthis lease but will be terminable upon either party giving one months notice to the other party. 2.Rent.No rent will be required to be paid to the Landlord,providing the charity remains its charitable status. 3.Use andoccupation—-the tenant use of the building will be to provide healthy and accessible food for all,reduce hunger with dignity,build capacity and community,foster sustainability to support health, belonging and social justice in Niagara Falls.The tenant will provide poverty relief through a weekly market every Saturday and will provided low cost —subsidizedmarket that provides dairy,meat,fish, meat alternatives,fresh fruits‘and vegetable to residents of Niagara Falls who meet the low income cut off as described by the Government of Canada. in addition,the GROW Community Food Literacy Centre will operate a food skills programs to provide people with the knowledge,tools,and confidence to grow,cook,preserve and choose healthy food for themselves and their families.Other programs include,Baby and Toddler Food Literacy,Youth Cooking Classes,Community Kitchen,Budget Kitchen,Cooking as a Family,Food Preservation /Canning, indigenous Cooking,Blind /Low Vision Cooking Classes,Food and Mental Health (Anxiety and Food Issues),Cooking for Critical IllnessSurvivors, 4.The tenant agrees to conduct its business in such a manner as to comply with all statutes,bylaws, rules and regulations of any federal,provincial,municipal or othercompetent authority and will not do anything on or in the premises in contravention of any of them. 5.Utilities -Gas,water,hydro willbe paid by the tenant 6.Insurance —Insurance certificate will be required by the tenant,all expenses and coverages for the insurance policy will be paid by the tenant.The tenant waives any liability and save Landlord/owner free from and legal action and or lawsuit. 7.Taxes -_All applicable propertytaxes will be paid by the tenantdirectly to the City of Niagara Falls. Page 164 of 445 8.Operating the building —Allcosts associated costs with operating the building will be the responsibilityof the tenant. 9.Severability -if there is any conflict between any provision of this lease and the applicable legislation of the province of Ontario,the act will prevail and such provisions of this lease will be amended or deleted as necessary in order to comply with the act.Further,any provisions that are requiredby the act are incorporated into this lease. 10.Assignment and subletting -The tenant willnot assign this lease or sublet or grant any license to use the premises or any part of the premises. 11.Debris,snow and ice -The premise has its own sidewalk,entrance,drivewayand parking spaces for the exclusive use of the tenant,and the tenant agrees to keep the sidewalk,entrance,driveway or parking space clean,tidy and free of objectionable material including dirt,debris,snow and ice. 12.Damage -The tenant will promptly notify the landlord of any damage,or of any situation that may significantly interfere with a normal use of the premises,and will make the necessary repairs at the tenant's expense. 13.The tenant will comply with the standards of health,sanitation,?re,housing and safety as required by law. 14.Hazardous materials -The tenant will not keep or have on the premises any article or thing of a dangerous,?ammable or explosive substance that might increase the danger of ?re on the premises. This will can constitute the entire agreement between the landlord and the tenant.Any prior understanding or representation of any kind preceding the date of this lease will not be binding on either party to this lease except to the extent Inc.in this lease.in particular,no warranties of the landlord not expressed in this lease are to be implied. lN WHITNESSWH EREOFThe parties to this lease agree to follow the terms and conditions dated on this 21“day of June,2019. Landlord: @g.in Q Pamela Farrell Michael Jodom GROW Community Food Literacy Centre Tenant: Page 165 of 445 CITY OF NIAGARA FALLS TAXACCOUNTHARDCOPY M5105 Date :O9—Apr-2021 Time :9:29 am Page :1 Roll :2725 010 010099000000 4377 FOURTHAVE Balii?tie as 0f 3 31-Dec-2019 ACTIVE FARRELL,PAMELA Phase in Value :275000 Senerate School :01 FARRELL,PAMELA Realty Reason :CC French Public :01 PO BOX 252 Cur Val Assmnt Portn :275000 French Seperate :01 ST DAVIDSQN Log 11:0 Cur Val Assmnt Total :275000 Unit Class :COM Property Code :735 Zone :R2 Legal Description Depth of FFEAcreage:120.00PLAN10LOT43T04401LOTSIZEKEY:Ac LOT SIZE :0.22 High School :00 /4,232.87 Total 2019 Levy """"°5°"°°'’01 TAXES ON ACCOUNT Current 1 Year 2 Years 3+Years Total Amount 4,232.87 0.00 0.00 0.00 4,232.87 Interest 0.00 0.00 0.00 0.00 0.00 Total 4,232.87 0.00 0.00 0.00 4,232.87 Un-Applied:0.00 Balance:4,232.87 1st Installment 2nd InstallmentDueDateAmountDueDate Amount Final 31—Dec-2019 4232.87 0.00 ASSESSMENTYEAR 2019 Class Description Category Dscrip?on Src Effective Date End Date Gross Value COM TX:FULL NO SCHOOL SUPPORT S 20:»Imr—20-19 31-Dec-2019 265,981 EXEMPT NO SCHOOLSUPPORT O 01-Jan-2019 31-Dec-2019 256,000 EXEMPT NO SCHOOL SUPPORT S 20-Jun-2019 31-Dec—2019 -25 6,000 NO LOCAL HVIPROVEMENTS HISTORY FROM JAN.01,2019 TO DEC.31,2019 Date Description Amount Nov.06,2019 Tax Levies 4,232.87 Page 166 of 445 4310 Queen St. Niagara Falls,ON L2E 5x5 (905)356-7521 ext.4324 9-Apr-21 TAX REBATES FOR CHARITABLEORGANIZATIONS CALCULATIONOF 2020 REBATE NAME OF CHARITY:GROW COMMUNITYFOOD LITERACYCENTRE ADDRESS:4377 FOURTH AVE MAILINGADDRESS:4377 FOURTH AVE NIAGARAFALLS ON L2E 4N1 ROLL NUMBER:2725 010 010 09900 REBATE ASSESSMENT:275,000 AMOUNT 2020 REBATE: 2020 Taxes Paid $8,110.88 Tenant occupies whole building $8,110.88 $3,244.35 TOTAL -2020 Credit Applied to Property Taxes Outstanding $3,244.35 A Great City For Generations To Come Page 167 of 445 THE REGIONALMUNICIPALITYOF NIAGARA TAX REBATES FOR CHARITABLEORGANIZATIONS (Regional Municipalityof Niagara Bylaw 9055-98) Agplication Form Request for Tax Rebate for taxation year 20 7.0 Name of Organization Registration No.(if agglicableg V €1IlOW£0l?/1mlAi\H:¥FaagiLiieracq Ceni‘{@ H3[£3604 Address:Teieghone No. 4377 FOWHLPm;Ct'@S‘2(02'(03I2— IgfagarggE-ailsQg?L15 4«!\I i Contact Name: PamemFarreii Length of Time at that Address: Lqmxr{lot MLO Date of Occupanc?f less than one year: Previous Address if Occupancy_is Iess than onegear: ma Mailing Address if different from above: Name of Landlord:Teleghone No. PamelaRmuul ?§Q332‘?>4Q’34'" Revised:March 17,2005 Page 168 of 445 Nlap???egibn THE REG|ONAL MUNICIPALITYOF NIAGARA TAX REBATES FOR CHARITABLEORGANIZATIONS (Regional Municipalityof Niagara Bylaw9055-98) Application Form Please provide evidence of a),and b): a)Square footage of the buildingin which occupancy took place; b)Property taxes included in lease payments for current year or property taxes paid‘) And,if Charitable Organization please provide evidence of: c)Proof of status as an eligible organization,(eg.Copy of Canada Customs &Revenue Agency approval). Name:Date: Pamem‘Farrell ecu soizozo E.9.slo.ru Ewéécuii V6,Di re ctox” Signature: .________________.__._ _______.__APPLICATION PROCEDURE Eligible organizations must apply for the tax rebate on an annual basis as follows:applications for tax rebates willbe accepted and processed by the Area Municipality’in which theorganizationislocated; applications willbe addressed to the Treasurer of the Area Municipality; applications willbe accepted between January 1“of the tax year and February 28"’of the followingyean applications from eligiblecharities relocating within the year will be accepted up until February 28"‘ofthefollowingyearforrebatesforthecurrenttaxationyear; applications must be made on the standard application form which will be available at the Region ofNiagaraandatalloftheAreaMunicipalities.' Revised:March17,2005 Page 169 of 445 I‘.Government Gouvernemeni ,of Canada du Canada ___.: &m= *m?&mwwg>r»h>nmmimammJ Detaii page GROW—Community Food Literacy Centre Business]Registration 734337539 RR0001 number: Charitystatus:Registered Effectjve date of 2020-03-10 status: ?lmgar N/A Languageof ENGLISH torrespondencez Designation:Charitabieorganization Charitytype:Relief of Poverty Category:Organizations RelievingPoverty Address:4377 FOURTHAVE City:NIAGARAFALLS Province,territory,ON outside of Canada: Country CA Postal code/Zip LzE4N1 code: CharityEmail address: Page 170 of 445 Commercial Lease Agreement This Agreement to Lease (Agreement)dated this J une 21 2019. Between Pamela Farrell (the Landlord) and GROW Community Food LiteracyCentre (the Tenant) In consideration,the parties to this lease agree as follows: The landlord agrees to rent to the tenant 4377 Fourth Avenue,Niagara Falls,ON L2E4N1,having anapproximateareaof1,952 square feet above grade,and additional 1,952 square feet below grade.Thepropertyalsoincludesparkingfor17vehicles.(Formerly Scouts Canada Building) 1.Term of Lease The term of the lease will commence at June 21,2019 and ends at 12 noon on June 20,;Q2_1_.Shoulclthe tenant remain in possession of the premises with the consent of the landlord after thenaturalexpirerationofthislease,a new tenancy from month-to—monthwill be created automaticallybetweenthelandlordandthetenantwhichwillbesubjecttoallthetermsandconditionsofthisleasebutwillbeterminableuponeitherpartygivingonemonthsnoticetotheotherparty. 2.Rent.No rent will be required to be paid to the Landlord,providing the charity remains its charitablestatus. 3.Use and occupation—the tenant use ofthe building will be to provide healthy and accessible food forall,reduce hunger with dignity,build capacity and community,foster sustainability to support health,belonging and social justice in Niagara Falls.The tenant will provide poverty reliefthrough a weeklymarketeverySaturdayandwillprovidedlowcost-subsidized market that provides dairy,meat,?sh, meat alternatives,fresh fruits and vegetable to residents of Niagara Fallswho meet the low income cutoffasdescribedbytheGovernmentofcanada. in addition,the GROW Community Food Literacy Centre will operate a food skills programs to providepeoplewiththeknowledge,tools,and confidence to grow,cook,preserve and choose healthy food forthemselvesandtheirfamilies.other programs include,Baby and Toddler Food Literacy,Youth CookingClasses,Community Kitchen,Budget Kitchen,Cooking as a Family,Food Preservation /Canning,Indigenous Cooking,Blind/Low Vision Cooking Classes,Food and Mental Health (Anxiety and FoodIssues),Cooking for Critical Illness Survivors, 4.The tenant agrees to conduct its business in such a manner as to comply with all statutes,bylaws,rules and regulations of any federal,provincial,municipal or other competent authority and will not doanythingonorinthepremisesincontraventionofanyofthem. 5.Utilities —Gas,water,hydro will be paid by the tenant 6.insurance —Insurance certi?cate will be required by the tenant,all expenses and coverages for theinsurancepolicywillbepaidbythetenant.The tenant waives any liability and save Landlord /ownerfreefromandlegalactionandorlawsuit. 7.Taxes —All applicable property taxes will be paid by the tenant directly to the City of Niagara Falls. Page 171 of 445 8.Operating the building -Allcosts associated costs with operating the building will be the responsibility of the tenant. 9.Severability -If there is any conflict between any provision of this lease and the applicable legislation of the province of Ontario,the act willprevail and such provisions of this lease will be amended or deleted as necessary in order to comply with the act.Further,any provisionsthat are required by the act are incorporated into this lease. 10.Assignment and subletting -The tenant will not assign this lease or sublet or grant any license to usethepremisesoranypartofthepremises. 11.Debris,snow and ice -The premise has its own sidewalk,entrance,driveway and parking spaces fortheexclusiveuseofthetenant,and the tenant agrees to keep the sidewalk,entrance,driveway or parking space clean,tidy and free of objectionable material including dirt,debris,snow and ice. 12.Damage —The tenant will promptly notify the landlord of any damage,or of any situation that may significantly interfere with a normal use of the premises,and will make the necessary repairs at the tenant's expense. 13.The tenant will comply with the standards of health,sanitation,?re,housing and safety as required by law. 14.Hazardous materials -The tenant will not keep or have on the premises any article or thing of a dangerous,flammableor explosive substance that might increase the danger of fire on the premises. This will can constitute the entire agreement between the landlord and the tenant.Any prior understanding or representation of any kind preceding the date of this lease will not be binding on either party to this lease except to the extent lnc.in this lease.in particular,no warranties of thelandlordnotexpressedinthisleasearetobeimplied. IN WHITN E55 WHEREOFThe parties to this lease agree to follow the terms and conditions dated on this21*’day oflune,2019. Landlord: v Tenant: E M Pamela Farrell MichaelJocloin GROW Community Food Literacy Centre Page 172 of 445 CITY OF NIAGARAFALLS TAXACCOUNTHARDCOPY M5103Date:09-Apr-2021 Time :9:29 am Page :1 Roll :2725 010 010099000000 4377 FOURTHAVE Balance as of =31-Dec-2020 ACTIVE FARRELL,PAMELA Phase in Value :275000 Seperate School :01 FARRELL,PAMELA Realty Reason :CC French Public :01 PO BOX 252 Cur Val Assmnt Portn :275000 French Separate :01 3'1‘DAVIDSON L03 Ipo Cur Val Assmnt Total :275000 Unit Class :COM Property Code :735 Zone :R2 Legal Description Depth of FFEAcreage :120.00PLAN10LOT43TO4401L07SIZEKEY;AC LOT SIZE :0.22 High School :00V/13,110.88 Total 2020 Levy '’“'''‘°5°''‘’‘’'‘01 TAXESON ACCOUNT Current 1 Year 2 Years 3+Years Total Amount 8,110.88 4,232.37 0.00 0.00 12,343.75 Interst 182.13 634.92 0.00 0.00 817.05 Tat-al 8,293.01 4,867.79 0.00 0-00 13,160.80 Un-Applied:0.00 Balance:13,160.80 1st Installment 2nd InstallmentDueDateAmountDueDate AmountInterim28-Feb-2020 1.900.07 30—Am-2020 1.90000Final30-Sep-2020 2.155 .81 30-Oct-2020 2.155.00 ASSESSMENTYEAR2020 Class Description Category Dacription Src Effective Date End Date Gross Value COM TX:FULL N0 SCHOOLSUPPORT O 01—.Ia.u-2020 31-Dec-2020 275 ,000 N0 LOCAL IMIPROVEMJENTS HISTORY FROM JAN.01,2020 TO DEC.31,2020 Date Description Amount Ian.06,2020 Interest 52.91Feb.01,2020 Interest 52.91Feb.01,2020 Tax Levies 3,800.07Mar.04,2020 Interest 52.91Mar.04,2020 Penalty 23.75Apr.02,2020 Interest 52.91May.04,2020 Interest 52.91Jun.01,2020 Interest 52.91Jun.30,2020 Interest 52.91Aug.06,2020 Interest 52.91Sep.01,2020 Interest 52.91Sep.01,2020 Tax Levies 4,310.81Sep.01,2020 Penalty 47.50Oct.08,2020 Interest 5291Oct.08,2020 Penalty 29.78Nov.04,2020 Interest 52.91Nov.04,2020 Penalty 4055Dec.02,2020 Interest 5291 Dec.02,2020 Penalty 40.55 Page 173 of 445 Caroline Elia From:Pam Farrell <info@growcflc.com> Sent:Thursday,December 17,2020 2:52 PM To:Caroline Elia Subject:Re:Niagara Falls Taxes for GROW Attachments:Tax rebates for charitable organizations 2020.pdf;Tax rebates for charitable organizations 2019.pdf Hi Caroline, my apologies -here they are. Many thanks,Pam V ¢ Community Food Literacy Centre Pam Farrell -Executive Director 905-262-6812 www.growcflc.com On Thu,Dec 17,2020 at 2:47 PM Caroline Elia <ce1ia@niagarafal1s.ca>wrote: Hi Pam, I don't see anything attached to your email.Do you want to try and resend? I will forward your request off to Amber Ferguson,Manager of Revenue,I not entirely sure but I think we can also ?le for 2019.She will have to confirm for you however. Kindly, Caroline Elia I Taxation &Assessment Officer I Finance I City of Niagara Falls 4310 Queen St.l Niagara Falls,ON L2E6X5 I (905)356-7521 e><t.4214 1 Fax 905-356-0759 |celia@niagarafalls.ca Page 174 of 445 From:Pam Farrell <info rowcflc.com> Sent:Thursday,December 17,2020 2:44 PM To:Caroline Elia <ce|ia nia arafalls.ca> Subject:Re:Niagara Falls Taxes for GROW HelloCaroline, thank you for your email and helpful information.I don't think we will be ?lingin for a RfR for 2021. I've attached the application for Tax Rebate for Charitable Organizations for the 2019 and 2020 tax year,along with the requested documents.I understand that we missed the application deadline for the 2019 tax year,however,I am wondering if we could receive consideration for that tax year as well? Thank you for your time and consideration. Kind regards,Pam rm".5“ Community Food Literacy Centre Pam Farrell -Executive Director 905-262-6812 www.growcflc.com On Tue,Dec 8,2020 at 2:58 PM Caroline Elia <ce1ia@niagarafa11s.ca>wrote: Good Afternoon Pam, Page 175 of 445 l received the response back from MPAC today regarding your applications,2020-71 &2020—71Aunder Section 357 and 358 of the Municipal Act.It is my understanding that you had a verbal conversation with Vincent from MPAC about the response. Please let me know if you have any questions.At this time,due to the issue of ownership,the application has been returned with no recommendation.Under Section 3(1)12.ii of the Assessment Act to be eligible for exempt status or for Residential tax class assignment under Section (1)2.iv of O.Reg.282/98,the land must be owned and operated by a non-profit service or organization.Since the property ownership is under your personal name,the property does not qualify for either. If there is a possibility of getting the property transferred into the non—pro?torganization’s name,please let me know and we can resubmit with the new information.MPAC could not confirm if that would be a guaranteed acceptance, and whether it would date back to the date of purchase or,if it would only apply to the transfer date forward,but this is something you can consider. 1 Vincent also advised that you will be filing for an Request for Reconsideration (RfR)for the 2021 taxation year.Once I receive the M05 for 2021 I will email you to let you know and,advise of the reduction in assessment value,if applicable. Lastly,you have an alternative option to help reduce the property taxes for this address.You can apply for the Charity Rebate for Property Taxes,which could result in a 40%rebate of the total property taxes due to the Charitable/Non—Pro?tstatus of the organization operating out of the property location.This rebate program is in place for situations like these where the property owner is not the registered charitable/non—profitorganization.l have attached the Niagara Region's Application for this program,which once completed is submitted back to us at the City of Niagara Falls.l have also attached some information regarding the Charity Rebate Program Policy,from the Niagara Region. If you choose not to resubmit for the Section 357 and 358 application as a result of a title transfer,you will receive your Letter of Noti?cation stating that there is no change to the assessed value and tax class assignment come April 2021.You will still have the option to appeal to the ARB after the Letter of Decision is issued,however based on the referenced legislation provided by MPAC I'm not sure if the appeal would be successful. Please let me know if I can assist further. Kindly, Page 176 of 445 Caroline Elia I Taxation &Assessment Officer ]Finance [City of Niagara Falls 4310 Queen St.l Niagara Falls,ON LZE6X5 l (905)356-7521 ext.421.-4 I Fax 905-356-0759 |celia@niagarafalls.ca From:Pam Farrell <info rowcflc.com> Sent:Tuesday,November 17,2020 2:03 PM To:Caroline Elia <celia nia arafa||s.ca> Subject:Re:Niagara Falls Taxes for GROW Dear Caroline, thank you for your detailed email explaining this process.We are very grateful for your assistance in this matter.I don't have any questions at this time.On behalf of our Board,thank you for your time! Gratefully,Pam Pam Farrell -Executive Director 905-262-6812 www.growcflc.com On Mon,Nov 16,2020 at 3:22 PM Caroline Elia <ce1ia@niagarafa11s.ca>wrote: Dear Pam, Page 177 of 445 A Section 357/358has been submitted to MPAC for review on your behalf for the following taxation year(s): Taxation Year Application Number 2020 2020-71 2019 2020—71A Please note that MPAC may be in contact with you to confirm the details of your application.Once MPAC has made an assessment determination based on your application,you will receive a Letter of Recommendation/Reductionfor Property Taxes which will be mailed out to you 14 days prior to the April Council meeting.Once the application has been approved by Municpal Council,a Letter of Decision for Property Taxes will be mailed to you the Friday after the Municipal Council meeting. If you do not agree with the Assessment Value,Tax assignment and/orthe decision on the reduction to the property tax account,you may appeal your application with the Assessment Review Board (ARB)within 35 days of Municipal Counci|’s notice of decision.Instructions for filing this type of appeal can be found on the Municipal Act Application/Appeal —Cancel Reduce Refund application on the ARB’swebsite.Once completed,your application can be ?led by mail,fax or in person with the ARB.All contact information is listed on the Muncipal Act Application/Appeal—Cancel,Reduce,Refund application. if you have any questions or concerns please contact me and I will be happy to assist you. Kindly, Caroline Elia |Taxation &Assessment Of?cer ]Finance [City of Niagara Falls 4310 Queen St.I Niagara Falls,ON LZE6X5 l (905)356-7521 e><‘t,4214 [Fax 905-3S6~O7S9 |celia@niagarafa|ls.ca From:Pam Farrell <info@growcflc.com> Sent:Monday,November 16,2020 2:53 PM To:Amber Ferguson <aferguson@niagarafalls.ca> Page 178 of 445 Cc:Tiffany Clark <tclark@niagarafalls.ca>;Jim Diodati <‘diodati@niagarafalls.ca>;Caroline Elia <ce|ia@niagarafalls.ca> Subject:Re:Niagara Falls Taxes for GROW HelloAmber, thank you so much for doing this on our behalf.Yes,this is the best email and telephone number. We really appreciate assistance and prompt response!Please let me know if you require any additional information from us.Gratefully,Pam Pam Farrell -Executive Director 905-262-6812 www.growcflc.com On Mon,Nov 16,2020 at 2:11 PM Amber Ferguson <aferguson@nia9arafa11s.ca>wrote: Hi Pam, The property has been assessed through MPAC as commercial which is why taxes are being billed.The City will ?le a 357/8 tax application on your behalf in order to have the assessment class changed from commercial to exempt based on your registered charity status.We were able to pull all the necessary information for the application from the Grow website and your tax account.Can you please confirm the best phone number and email to contact you is (905)262-6812 and this email address?Once the application has been filed Caroline Elia,Assessment and Taxation Officer will send you a confirmation email with your application number,Once we hear back from MPAC regarding the change the reductions must be approved by Council which is done twice a year in April and October.After Council approves the reduction an adjustment will be made to your tax account. Please let me know if you have any further questions. Thanks, Page 179 of 445 r 1 Currently we serve 25%children/youth,50%adults and 25%seniors.Many of our members are diabetics,have disabilitiesand mental health issues,which greatly affects their ability to access affordable and good healthy food. , .Statistics show there is a surprising gap of individualswho are low income and marginalized,.:who meet the criteria to access food banks,but for a variety of reasons do not use the food ;7 bank.Our program and model is bringing out these individualswho otherwise would go without V r and their voices would not be heard. We are reaching out to your of?ce to ask for assistance in tax forgiveness.The former Scouts Canada did not pay any property taxes.While I used my personal funds to purchase the .building I have provided a free lease to GROW,but the charity as part of the free lease.agreement is responsible for paying the taxes and water. We currently owe $13,067.34.Is there something that is within your power to assist us?Are i there any municipal grants that could assist us in paying the taxes? :Sincerely,Pam Pam Farrell —Executive Director 905—262-6812 www.growcf|c.com Page 180 of 445 CITY OF NIAGARA FALLS TAX ACCOUNTHARDCOPY P745103 Date :07-Jun-2021 Time :1:26 pm Page :1 Roll :2725 010 010099000000 4377 FOURTH AVE Balance 35 0f l 07-Jun-2021.ACTIVE FARRELL,PAMELA Phase in Value :275000 Seperate School :01 FARRELL,PAMELA Realty Reason :CC French Public :01 PO BOX 252 Cur Val Assmnt Portn :275000 French Seperate :01 gTDAV1Dg QN Log mo Cur Val Assmnl:Total :275000 Unit Class :COM Property Code :735 Zone :R2 Legal Description Depth of FFE Acreage :120.00PLAN10LOT43TO4401LOTSIZEKEY:AC LOT SIZE :0.22 High School :00 338905 Total 2021 Levy Public School :01 TAXES ON ACCOUNT Current 1 Year 2 Years 3+Years Total Amount 3,889.05 4,866.53 2,539.72 0.00 11,295.30 Interest 58.36 287.57 457.15 0.00 803.08 Total 3,947.41 5,154.10 2,996.87 0.00 12,098.38 Un-Applied:000 Balance:12,098.38 1st Installment 2nd Installment Due Date Amount Due Date Amount Interim 26-Feb~2021 1.94505 30-Aor-2021 1.94400 ASSESSMENT YEAR 2021 Class Description Category Description Src Effective Date End Date Gross Value COM TX:FULL NO SCHOOL SUPPORT O 01-Jan-2021 31-Dec-2021 275,000 NO LOCAL IMPROVEMENTS Date Description Jan.07,2021 Interest Jan.29,2021 Interest Jan.29,2021 Tax Levies Mar.03,2021 Interest Mar.03,2021 Penalty Apr.06,2021 Interest Apr.06,2021 Penalty Apr.09,2021 CHARITY REBATE Apr.09,2021 May.05,2021 Interest May.05,2021 Penalty May.31,2021 Interest May.31,2021 Penalty PENALTY ADJ TO CURRENT PENALTY HISTORY FROM JAN.01,2021 TO JUN.07,2021 Amount 61.71 61.71 3,889.05 61.71 9.73 61.71 9.73 -4,937.50 -393.23 37.03 19.45 37.03 19.45 Page 181 of 445 Bill 102 THE REGIONALMUNICIPALITYOF NIAGARA BY-LAWNO.102-2009 A BY—LAWTO ESTABLISHA PROPERTY TAXREBATE WHEREASsubsection 361(1)of the MunicipalAct,2001,8.0.2001,c.25,as amended (hereinafter referred to as the “Act”),requires that every municipality,other than a lower- tier municipality,shall have a tax rebate program for eligible charities for the purposes of giving them relief from taxes or amounts paid on account of taxes on eligible property they occupy; AND WHEREAS subsection 361(2)of the Act provides that a charity is eligible if it is a registered charity as defined in subsection 248(1)of the Income Tax Act (Canada)that has a registration number issued by the Canada Customs and Revenue Agency,and a property is eligible if it is in our of the commercial classes or industrial classes within the meaning of subsection 308(1)of the Act;and THEREFORE the Council of The Regional Municipality of Niagara enacts as follows; 1.By-law 905598 is hereby repealed. 2.Definitions 2.1 In this by-law: a)“Application”means an application for a rebate; b)“Area Municipality"means a lower-tier municipality within The Regional Municipality of Niagara. c)“Eligible Charity"means either a Charitable Organization as in c)or Similar Organization as in ol); cl)“Charitable Organization”means a registered charity as defined in subsection 248(1)of the Income Tax Act (Canada)that has a registration number issued by the Canada Customs and Revenue Agency; e)“Similar Organization”means an organization such as a Navy League or Veterans group as more particularly defined under sections 6.0 and 6.1 of the Assessment Act; Page 1 of4 Page 182 of 445 3.1. 3.2 Bill 102 f)“Eligible Property”means any one of the following: 1)“Commercial Property”means a real property for which taxes are charges at the commercial tax rate in The Regional Municipality of Niagara; 2)“industrial Property”means a real property for which taxes are charges at the industrial tax rate in The Regional Municipality of Niagara; 3)“Residential Property”means a real property for which taxes are charges at the residential tax rate in The Regional Municipality of Niagara; 4)“Rebate”means a rebate of taxes or amounts paid on account of taxes in accordance with this by-law; 5)“Treasurer”means the Treasurer of an Area Municipality. Eligibiligg Criteria To be eligible for a property tax Rebate a Charitable Organization must meet the following criteria: 3) b) C) 0') Comply with the definition of a Charitable Organization as established in this by-law; Be occupying a Commercial Property or industrial Property as defined in this by-law; If leasing,be able to identify the amount of taxes included in their lease payments; Complete and return an approved Application form for “Tax Rebates for Charitable Organizations”to the Area Municipality in which the property on which the rebate is sought is situated.‘ To be eligible for a property tax rebate a Similar Organization must meet the following criteria: 3)Comply with the definition of a Similar Organization as established in this by-law; Page 2 of 4 Page 183 of 445 4.1 5.1 5.2 5.3 Bill 102 b)Be occupying a Residential Property,Commercial Property,or industrial Property as de?ned in this by-law; c)If leasing,be able to identify the amount of taxes included in their lease payments; d)Complete and return an approved Application form for “Tax Rebates for Charitable Organizations”to the Area Municipalityin which the property on which the rebate is sought is situated. Application Procedure An Eligible Charity that pays taxes or amounts on account of taxes on Eligible Property which it occupies may make applications to the Area Municipality in which the Eligible Property is located for a rebate.The Eligible Charity must apply for the tax rebate on an annual basis as follows: a)Submit an Application to be accepted and processed by the Area Municipality in which the organization is located; b)Applications will be addressed to the Treasurer of the Area Municipality; c)Applications will be accepted between January 1st of the taxation year and February 28th of the following year: cl)Applications from an Eligible Charity re-locating with the year will be accepted up until February 28th of the following year for rebates for the current taxation year; e)Applications must be made on the standard application form which will be available at the offices of each Area Municipality and The Regional Municipality of Niagara. Amount of the Tax Rebate Tax rebates for Similar Organizations will be one hundred percent (100%)of the taxes paid,providing that all eligibility criteria in Section 3 are met. Tax Rebates for Charitable Organizations will be forty percent (40%)of the taxes paid providing that all eligibility criteria are Section 3 are met. That notwithstanding Sections 5.1 and 5.2,if the Eligible Charity is required to pay an amount under section 367 or 368 of the Act,which deal with gross leases Page 3 of 4 Page 184 of 445 6.1 6.2 6.3 6.4 Bill 102 and flowing through of taxes,the amount of the rebate shall be the total of the amounts the EligibleCharity is required to pay under those sections. Payment of Tax Rebates Payments of tax rebates will be made by the Area Municipality in which the organization is located as follows:- a)A rebate relating to the taxation year shall be paid as follows: -50%within 60 days of the Area Municipality receiving application -50%within 120 days of the Area Municipality receiving application That where an Eligible Charity moves into eligible property during the taxation year and otherwise meets the eligibility criteria,the amount of the rebate will be determined from the date of occupancy through to the remainder of the year. That an Eligible Charity that moves to another Area Municipality (either within or outside The Regional Municipality of Niagara)after receiving a tax rebate pursuant to this by-law shall repay a prorated amount of that rebate to the Area Municipality that issued the tax rebate in accordance with the requirements of that Area Municipality. That a Eligible Charity that moves to another location within the same Area Municipality may be required to repay a prorated amount of that rebate to the Area Municipality that issued the tax rebated in accordance with the requirements of that Area Municipality. General This by-law shall come into force and take effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA Original signed by Peter Partington (Peter Partington,Regional Chair) Original signed by Janet Pilon for Kevin Bain (Kevin Bain,Regional Clerk) Passed:December 3,2009 Page 4 of 4 Page 185 of 445 F-2020-10 March 3, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-10 2020 Fee for Service and Permissive Grants RECOMMENDATION 1. The Council approve the recommended categories and recommended 2020 funding levels for existing organizations the City funds as illustrated by staff on attachment 3 – “Existing Fee for Service/Grants – 2020 Recommended Categories and Amounts” for a total increase over 2019 funding levels of 1.75% or $116,468. 2. The Council continue the previous strategy of not entertaining any new grants given the financial constraints the City is facing in funding its own operating and capital expenditures, and need to reduce the infrastructure deficit. EXECUTIVE SUMMARY The City of Niagara Falls has a history of providing financial support to its community groups. Staff’s responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. This report provides detailed background information including a 10 year history of funding on the City funding provided to Boards and Commissions, fee for service agencies, grant agencies and honorariums for our Cultural Ambassadors. Staff have provided recommendations in attachment 3 to maintain 2019 funding levels for all existing organizations that the City currently funds with the exception of:  Increases of $6,148 for Boards and Commissions the City is contractually obligated to fund  Increase of 2.2% (in line with inflation) or $100,461 for the Niagara Falls Public Library. The Library’s original request was a 5.75% increase and when asked to find reductions the revised request was proposed at 4.00%. Based on Council direction of attempting to achieve an inflationary increase, staff is recommending Page 186 of 445 2 F-2020-10 March 3, 2020 a 2.2% increase for the Library. The Library has advised staff an increase of less than 4.00% may affect services and operating hours.  Increase of 2% or $4,059 for the Boys and Girls Club (with a fee for service agreement presented on report R&C-2020-02 on tonight’s agenda, indicating funding for 2021 would remain at the 2020 level requested)  Removal of $35,000 for the Chippawa Lion’s Club fee for service provided for maintaining the park as the City will be taking on this responsibility. Staff are not recommending any new grant requests be approved given the financial constraints the City is facing in funding its own operating and capital expenditures, including the City’s requirement to reduce its infrastructure deficit. BACKGROUND The City of Niagara Falls has a history of providing financial support to its community groups. In 2009 all external organizations receiving funding were classified as permissive grants. During the 2010 budget process, with Council’s approval, staff recommended a reclassification of a number of organizations from the “grants” category to a “fee for service” category. This exercise was completed using the following definitions: Fee for Service Agencies – agencies receiving funding that are providing municipal services that would otherwise need to be provided by municipal staff. These services are considered a “core municipal responsibility” Grant Agencies – agencies receiving funding that are not considered core municipal services but are important to the community. After the completion of the 2011 budget, Council overrode staff recommendations and reclassified some grant organizations to fee for service that do not provide a core municipal service. While Council has the authority to decide which groups to fund and whether it wishes to fund fee for service agencies, grant agencies or a combination of both, it would be staff’s opinion, in the interest of transparency, that the classification of organizations into the above mentioned categories needs to remain consistent with the definitions. As a result, staff will be providing a recommendation in this report of which categories each organization falls under, based on the definitions above for Councils consideration. Fee for Service Agencies Process Staff meets with fee for service organizations annually. As part of the budget preparations, in the Fall of every year, staff send out a letter to each fee for service organization that is requesting funding (or received funding in the prior year) asking to set up a meeting to review their fee for service ask for the next year. As part of this process, each organization must provide the following information: Page 187 of 445 3 F-2020-10 March 3, 2020 a) 2020 Budget request b) September 2019 year to date results comparing budget to actual c) The most recent financial statements of the organization d) A brief description of the services provided to the City covered by the fee e) Any other documents that they believe would be useful including annual reports and key statistics Grant Agencies Process Grant agencies must fill out the City’s grant application (attachment 1) which requests information about the organization, details about the grant request, board members, the most recent financial statements and current budget. It is staff’s understanding this application has not been updated, nor made electronic as previous direction to staff was not to entertain any new grants. ANALYSIS/RATIONALE Attachment 2 – “Fee for Service/Grants – Historical Amounts of Municipal Funding” contains a listing (alphabetically) of fee for service and grant funding from 2009-2019 with a column indicating the organizations request for 2020. Council will note there are several years in a row, if not the entire decade where staff and Council have remained firm and kept funding levels consistent at 2010 levels. Board and Commissions (contractual obligation) Consistent with the explanation contained in report F-2011-14 from April 4, 2011, the following organizations have an existing contractual agreement that determines funding assistance and should be categorized as such: 1. Niagara Falls Illumination Board – To finance, maintain and operate the illumination system for Niagara Falls 2. Niagara District Airport Commission – Contractual agreement with City of St. Catharines, Niagara on the Lake and the Region to fund municipal airport. Niagara Falls responsible for approximately 36% Fee for Service Agencies Consistent with report F-2011-14 from April 4, 2011, staff feel the following organizations fall under the definition of Fee for Service Agency and recommend these organizations remain in that category: 1. Animal Control Services – Animal control and sheltering services, offering protection & education to ensure safety needs to residents Page 188 of 445 4 F-2020-10 March 3, 2020 2. Boys & Girls Club – Provide children and youth programming not provided by City recreational staff 3. Firemen’s Park – To maintain the park and provide access to use 4. Niagara Falls Art Gallery – Provide children and youth programming not provided by City and recreational staff 5. Niagara Falls Concert Band – Provides services for musical events on a requested basis at City events 6. Niagara Falls Horticultural Society – Purchases and plants flowers on City property with the funding assistance provided by the City 7. St. John’s Ambulance, Chair-A-Van – Provides para-transit services curb-to- curb within the municipal boundaries of the City of Niagara Falls for registered users with physical limitations. Grant Agencies In report F-2012-06 from February 14, 2012 it was identified that Council reclassified Project Share, Women’s Place and YWCA from grant agency to fee for service agency. It is staff’s position that the services performed by these organizations are not core municipal services as the fee for service definition provides but rather these organizations fit into the definition of a grant agency which are organizations that do not provide a core municipal service but are important to the community. As such staff recommends that those organizations be classified as grants along with St. John Ambulance – Water Patrol (previously classified as fee for service) and the long standing $50,000 grant to GNGH Hospital. While the municipality recognizes that all of the community groups requesting grants from the City provide excellent services in the community, it must be noted that the services provided are not within the City’s core service responsibility. Staff’s responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. Staff recognize the achievements that these organizations make to the community, and the previous desire of Council to continue to fund them. As a result staff are not recommending reductions to current funding levels, however staff are not supporting any further increases and recommending funding levels remain consistent. Attachment 3 – “Existing Fee for Service/Grants – 2020 Recommended Categories and Amounts” contains a listing of the existing boards, fee for service, grant and honorariums that the City pays to various organizations along with the organizations request for the 2020 year and staff’s recommendation for the 2020 year. Page 189 of 445 5 F-2020-10 March 3, 2020 Page 190 of 445 6 F-2020-10 March 3, 2020 To summarize attachment 3: Boards  Contractual boards are requesting minor increases totalling $6,148.  The Library board originally requested a 5.75% increase or $262,743 and has since revised their request to a 4.00% increase reducing the impact by $80,086 to $182,657. Based on Council direction of attempting to achieve an inflationary increase, staff is recommending a 2.2% increase for the Library which reduces their original request by $162,282. The Library has advised staff an increase of less than 4.00% may affect services and operating hours. Council will note in 2019 Council requested a 0% increase to the City, while allowing the Library a 5.2% increase.  Total impact of 2020 recommendations for Boards and Commissions is an increase of $106,609 or 2.23% which largely represents the Library. Fee for Service  Animal Control Services are performed by Niagara SPCA and Humane Society who has signed a 4 year agreement with the City as was outlined and approved in report PBD-2019-15, March 19, 2019. The term of the agreement is January 1, 2019 to December 31, 2022 with agreed upon annual fees as follows, 2019 - $527,000, 2020 - $527,000, 2021 - $527,000 + CPI increase, 2022 – amount for 2021 + CPI increase  Boys & Girls Club has a draft fee for service agreement on the agenda tonight, report R&C-2020-02, requesting Council approve a two year (2020-2021) fee for service agreement with the Boys & Girls Club in the amount of $207,009 for both 2020 and 2021 funding which is an increase of 2% over the 2019 funding amount.  The City will be taking over maintenance of Chippawa Lion’s park thus negating the need for the $35,000 fee for service previously paid to the Chippawa Lion’s in exchange for park maintenance.  Firemen’s Park, Niagara Falls Concert Band and Niagara Falls Horticultural Society requests and recommendation for funding remain the same at 2019 levels.  St. John’s Ambulance, Chair-A-Van (CAV) appears to be a 6.80% increase however in 2019 Chair-A-Van retained revenue of approximately $40,000 from fares which helped offset the amount of money the City contributed to the fee for service arrangement. Specifically, in 2019 CAV was paid $599,586 as a fee for service and retained $40,000 in fare revenue, thus making the total $640,586. In 2020, that fare revenue will be retained by the City. As a result, the cash fares revenue budget for CAV has increased from $15,000 to $61,000 on the City’s Page 191 of 445 7 F-2020-10 March 3, 2020 budget in responsibility centre 333000. This revenue increase offsets the impact of the increase in fee for service funding line item from $599,586 to $640,386. Total impact of 2020 recommendations for fee for service is an increase of $9,859 or 0.70% Grants  GNGH Hospital, Women’s Place and St. John’s Ambulance water patrol have not requested increases for 2020.  Project Share requested an increase of 16% or $47,744 and YWCA has requested an increase of 3% of $1,540. Staff are recommending continuing with previous Council strategy and past staff direction to hold the line on grants and continue funding at the 2010 levels. Honorariums  Staff had originally requested an increase of $500 each from $1,500 to $2,000 for the honorariums paid for the Town Crier and City Historian, however in light of the potential budget increase the City is facing staff are recommending honorariums remain at the 2019 levels of $1,500 each. NEW Fee for Service/Grant Requests This year, the City has been faced with an abundance of new grant requests for various organizations and purposes as outlined below:  Niagara Falls Badminton Club has requested a $35,000 fee for service for operating expenses and $19,000 for capital work to their property for a total of $54,000. Previous Councils changed the status of Niagara Falls Badminton Club and Niagara Falls Lawn Bowling from fee for service to grant in 2012 and agreed to phase out funding over a three period, due to funding not being a core municipal responsibility. Previous amounts provided to both Clubs can be found on attachment 2. To date, the City has not received a complete funding application and awaits the 2020 budget and most recent financial statements available. As a result staff are not in a position to provide a recommendation on the request for fee for service at this time. In terms of the grant request for capital work to be done on private property, staff cannot support this request as it does not fall in line with ensuring that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources.  Niagara Falls Community Cats has requested operating funding of $7,500 that they wish to be annual funding and has submitted a complete grant application. Page 192 of 445 8 F-2020-10 March 3, 2020 While they have requested a grant, animal control would likely fall under the fee for service category however, this group in particular provides one specific service, not provided by Niagara SPCA and Humane Society, which is the spaying and neutering of homeless cats in Niagara in an effort to control the cat population. This group presented to Council on February 11, 2020. Council has supported this group in the past by way of motion in the amount of $5,000 in 2018 from taxpayer money, $3,750 in 2017 by way of Sleep Cheap donation and $5,000 in 2017 by way of Niagara Falls Hydro Holding Corporation. Given the City’s current budget position and future operating and capital funding needs staff are not recommending entertaining any new grant requests.  Niagara Falls Disc Golf Club has requested a grant of either, $4,520 (Basic), $12,350 (Standard), or $23,400 (Professional) for the installation of 10 disc golf holes (remaining 9 holes, plus one practice hole) to compliment the first 9 holes that were purchased and installed through fundraising efforts of the Niagara Falls Disc Golf Club. Report MW-2020-05 on tonight’s agenda outlines this request in more detail with a recommendation that Council approve staff providing in-kind support of labour and equipment (only) by Municipal Works for the drilling, pouring and placing of disc golf baskets at Firemen’s Park, contingent on the Niagara Falls Disc Golf Club fundraising the monies for the supply of baskets and all other amenities, consistent with the Clubs strategy regarding the installation of the first set of 10 holes.  Niagara Falls Lions Club has requested a grant to cover leasehold improvements in the amount of $56,858.21, reconstruction of the City parking lot (approximately $170,000) and installation of a new accessible ramp to the front doors. Report MW- 2020-04 on tonight’s agenda outlines this request in more detail with a recommendation that Council refer the leasehold improvements and parking lot request to the 2021 capital budget deliberations and that Council direct staff to perform exterior sidewalk accessibility improvements at the Niagara Falls Lions Club in 2020 as part of the annual concrete/asphalt restoration program.  Niagara Falls Art Gallery is requesting financial assistance in the form of a grant to help pave their driveway which is need of repair. The amount for this repair is unknown at this time. Consistent with the recommendations above for capital work on private property staff cannot support this request as it does not fall in line with ensuring that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. Page 193 of 445 9 F-2020-10 March 3, 2020  Poet Laureate – Report R&C-2020-03 on tonight’s agenda is recommending that the City of Niagara Falls expands the Cultural Ambassadors positions to include a Poet Laureate as recommended by the Culture Committee for an honorarium of $1,500, consistent with the amounts paid to the Town Crier and City Historian. Due to budget constraints and consistent with the recommendation not to entertain new grant requests, staff is not recommending new Cultural Ambassador positions at this time. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Total impact of 2020 recommendations for Boards and Commissions is an increase of $106,609 or 2.23% which largely represents the Library. Total impact of 2020 recommendations for fee for service is an increase of $9,859 or 0.70% Total impact of 2020 recommendations for grants and honorariums is $0 or 0%. Overall total impact of 2020 recommendations for funding external organizations is an increase of $116,468 or 1.75% from $6,643,547 to $6,760,015 of which the Library represents $100,461. CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. Responsible & Transparent Financial Management  Ensure fiscal accountability and fact-based decision making 2. Engaging and Accountable Government  Commit to being efficient and effective in our delivery of municipal services and use of resources, and accountable to our residents and stakeholders LIST OF ATTACHMENTS 1. City of Niagara Falls Grant Application 2. Fee for Service/Grants – Historical Amounts of Municipal Funding 3. Existing Fee for Service/Grants – 2020 Recommended Categories and Amounts Page 194 of 445 10 F-2020-10 March 3, 2020 Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer T. Clark Page 195 of 445 1 Lisa Wall From:Jonathan Leavens Sent:Monday, July 5, 2021 9:54 AM To:Lisa Wall Subject:FW: Grant/Subsidy for Property Taxes Jon Leavens, CPA, CA | Acting Director of Finance | Finance | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4355 | Fax 905-376-0759 | jleavens@niagarafalls.ca From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Tuesday, June 15, 2021 9:19 PM To: Jonathan Leavens <jleavens@niagarafalls.ca> Cc: Ken Todd <ktodd@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: Re: Grant/Subsidy for Property Taxes Thank you. Sent from my iPhone On Jun 15, 2021, at 5:53 PM, Jonathan Leavens <jleavens@niagarafalls.ca> wrote: Good afternoon Ms. Ferrell, Sorry for the delay in getting back to you. Mr. Todd and I have discussed your request and determined that a staff report to Council is necessary. I am aiming to have a report prepared for the July 13th Council meeting. We will keep you informed of Council’s decision. Thank you, Jon Leavens, CPA, CA | Acting Director of Finance | Finance | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4355 | Fax 905-376-0759 | jleavens@niagarafalls.ca From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Tuesday, June 1, 2021 5:37 PM To: Pam Farrell <info@growcflc.com>; Jim Diodati <jdiodati@niagarafalls.ca>; Jonathan Leavens <jleavens@niagarafalls.ca>; Ken Todd <ktodd@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: RE: Grant/Subsidy for Property Taxes Dear Pam: Thank you for your email and I appreciate you predicament and what you are asking. To assist, I want to connect you directly with Jonathan Leavens, Acting Director of Finance, as well as Ken Todd our CAO. I believe they will need to discuss your request and then provide the details back to us. It may be that this request would have to eventually come before City Council, in which case I’m including Bill Matson, City Clerk. I trust that staff will review your email and connect back with you regarding taking next steps. Page 196 of 445 2 Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca From: Pam Farrell <info@growcflc.com> Sent: Monday, May 31, 2021 7:14 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Grant/Subsidy for Property Taxes Dear Mayor Diodati, As you know, GROW is a community food literacy centre dedicated to addressing the determinants of food insecurity here in Niagara Falls. Our subsidized market increases much needed access to healthy food options in the Elgin Neighbourhood. Since December 2019 GROW has been operating in the former Canada Scouts building on Fourth Avenue in Niagara Falls. The GROW subsidized market, strategically located in the Elgin Neighbourhood which is identified as the most disadvantaged area in the entire region, has been serving over 400 members of our community. Since you have officially opened our market last year, our membership has increased significantly, and we have been able to establish numerous partnerships with community organizations and businesses in the area. We have also been selected as a Good Food Organization Partner with Community Food Centre Canada, a national organization that empowers organizations to offer responsive and respectful community food programs. Page 197 of 445 3 But unfortunately, we have not been able to receive support from the Niagara region or United Way in operating our market, and as a result we are struggling to pay our property taxes. While I own the building, GROW has a free lease of the building and I personally do not make any financial gains through this agreement (I am not issued any charitable tax receipts for providing this free lease). As part of the free lease agreement, GROW is responsible for the taxes, water and insurance, just as any other commercial lease agreement. In addition, GROW has no paid staff, and is completely volunteer run. GROW did make an application to the region for tax subsidies and was granted a reduction. However, since all of our donations and grants we have received in the past are spent on food, and with lack of regional support, we are unable to meet our city tax obligations. As you know, I personally started GROW after seeing the need in the community and the lack of affordable fresh produce in this neighbourhood designated a food desert. In consultation with the community and reviewing research in the area of food literacy and food insecurity (the topic of my doctoral studies), GROW was established. Despite having an LCBO, a Beer Store, and three Cannabis Dispensaries, low-income, disabled, and marginalized residents and families did not have an affordable place to shop for healthy groceries. Healthy food options, such as fruit, vegetables, dairy, lean meats, and whole grains, meat and milk alternatives, are more expensive and therefore less attainable for those with low income. Population groups that are more susceptible to chronic poverty, including households with single parents, children, lower levels of education, indigenous peoples have higher rates of food insecurity. We understand that the Region and the City of Niagara Falls directly support Project Share yearly. As mentioned in my discussion with Adrienne Jugley (Commissioner, Niagara Region Community Services), it is important to note that only 25% of food insecure people access the food bank. The other 75% do not for a variety of reasons, including stigma, mental health, and lack of choice, cultural diversity, and nutritional value in the food offered. Here is what our community members are saying about GROW: My deepest gratitude for all this abundance today and everyday. I so appreciate the Turkey bones and neck today and all the amazing food and volunteers. What a team! This is my first real network in my community since moving here. My kids are eating more fresh fruits and vegetables and trying different things (Avocado!) GROW has allowed me to meet different people - I feel welcomed. If I didn't have GROW I would be a lot sadder. The connection with people really helps keep me up Everybody here is so welcoming - it makes you feel good! GROW is important because it is helping people to be financially stable and meet the needs in the community. It is a crucial program here in Niagara Falls. Before with my income, I couldn't afford fruits or vegetables or get milk needed for my osteoporosis. GROW has given me the chance to eat healthier. This place gives me hope! I find I am saving money every Saturday - I can come here and I can get $60 of groceries for $25! It is like Christmas every Saturday!! Page 198 of 445 4 We are asking the city to consider waiving the taxes for GROW by way of a grant or subsidy that would allow us to continue doing this important work for our city residents. Realistically, a tax levy of $8,000 a year is unsustainable for our centre especially during COVID and presents a major obstacle in serving our community. Just as the city provides tax breaks to the private sector to get involved in the community, we are hoping the city would also recognize the important work GROW is doing in the city of Niagara Falls, and waive the taxes so that we can continue our work and focus in making healthy food options available to our most vulnerable community members. Thank you for your time and consideration. Pam Pam Farrell - Volunteer Executive Director 905-262-6812 www.growcflc.com Click the link to watch a one minute video about the GROW Market: https://vimeo.com/469944584 Page 199 of 445 PBD-2021-029 June 22, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-029 Request to Council to consider a Downtown CIP Revitalization Grant, post construction, at 4635 Queen Street Applicant: Dominion Niagara Holdings Inc. Agent: Jon DeLuca RECOMMENDATION It is recommended that the request by Dominion Niagara Holdings Inc. to consider a post construction incentive grant under the Downtown Community Improvement Plan be denied. EXECUTIVE SUMMARY Dominion Niagara Holdings Inc. submitted a request to Council to consider a Revitalization grant for works already completed on a property within the Downtown CIP Area. Staff do not support the request as:  the requirement that an application is to be submitted and reviewed for eligibility prior to the commencement of any works is a basic eligibility criteria under the Downtown CIP and all of the City’s Community Improvement Plans;  approval would set a precedent for any works completed on other properties for CIP properties in the City; and  there is documented communication regarding CIP eligibility between agents representing the property Owner and both the City’s Economic Development and Planning Department Staff since the purchase of the property in June 2019 and before the request to Council in late 2020. BACKGROUND A letter received by Dominion Holdings Niagara Inc. was placed on the November 17, 2020 City Council Agenda to consider removal of the pre-qualification requirements for the Commercial Building and Façade Improvement Program and the Revitalization Grant Program under the Downtown Community Improvement Plan (attached as Appendix 1). Council referred the matter to Staff. The Downtown Community Improvement Plan provides for a Revitalization Grant Program which offers a financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercia l properties. The Commercial Building and Façade Improvement Program is a grant to assist in offsetting the costs of rehabilitation of a building in the Downtown. Page 200 of 445 2 PBD-2021-029 June 22, 2021 PLANNING ANALYSIS The first criteria of all Community Improvement Plan (CIP) incentive programs is that the application must be submitted and reviewed by Staff for eligibility prior to the commencement of any works and prior to the submission of a building permit. Dominion Niagara Holdings Inc. had completed their renovations prior to their request which was submitted directly to Council. Planning Staff and Economic Development Staff had been in contact with representatives of Dominion Niagara Holdings Inc. since the purchase of the subject property in June 2019 to discuss the availability of CIP funding. Staff have been responding to and working on CIP inquiries during the COVID pandemic. Planning Staff do not support the request by Dominion Niagara Holdings Inc. however for the benefit of Council and in an effort to bring forward all relevant information, the applicant was requested to submit the documents normally required as part of a grant application.  The property renovations resulted in three units, two of which are leased out to Heart Niagara and Wonder Buds Cannabis Co.. The third unit has been renovated into a two-level flex space with 10 individual offices on each level and shared use of a board room, kitchen, bathrooms and lounges.  The additional information was requested by Staff February and subsequent to several delays, all the information was received on May 14 2021.  The costs submitted by the applicant total $396,725 (pre tax) and include HVAC, water tank, electrical and plumbing costs as well as interior works such as tile flooring, kitchen cabinetry, doors and frames, hardware supplies and construction plans. A preliminary review of the total costs of eligible works under the program would be $334,717.  It is noted that the original letter to Council included consideration for the Commercial Building and Façade Improvement Program as well as the Revitalization Grant however the applicant did not submit that application and the listed costs did not include any eligible façade improvement works.  Photos of the property both during and after renovations are included on Appendix 3 and 4. The Revitalization Grant Program offers a financial incentive in the form of a grant to help offset the increased municipal property taxes that can result from the rehabilitation and revitalization of a property. The resulting increase in property assessment and taxes would be eligible for a re-imbursement at a rate of 80% (of the increase) in years 1 to 5; 60% in years 6 and 7; 40% in year 8; and 20% in years 9 and 10. The total amount of grant payments cannot exceed the costs of the rehabilitation/revitalization project that resulted in the reassessment. The program is offered where there is an expected increase in assessment after rehabilitation. Should Council support the request by Dominion Niagara Holdings Inc. for a revitalization grant under the Downtown Community Improvement Plan it is recommended: 1. That the applicant satisfy the program requirements and enter into an agreement with the City of Niagara Falls. Page 201 of 445 3 PBD-2021-029 June 22, 2021 2. That the Mayor and Clerk be authorized to sign the agreement; 3. That the revitalization grant request be forward to the Niagara Region for support under the Smart Niagara Incentive Program (SNIP). FINANCIAL IMPLICATIONS A tax increment based grant is confirmed when rehabilitation of the property is completed in its entirety and the Municipal Property Assessment Corporation (MPAC) has completed its re-assessment. Regional Participation in the Revitalization Grant Program The Niagara Region has previously participated in the Revitalization Grant Program by providing a tax increment rebate on the Region’s portion of taxes. City supported revitalization grant applications are forwarded to the Region to request its participation in the incentive. A grant request for renovation works that have already been completed may exceed the delegated authority of Regional Staff and may require Regional Council Approval. The current Regional review of their CIP programs and budgeting may also impact on the decision to participate in the program. PROCESS Should the request by Dominion Niagara Holdings Inc. received the support of Council, Staff will proceed to process the application as submitted, including internal circulation and assessment of eligible works, the preparation of a draft Revitalization Grant and the subsequent request to the Niagara Region for participation in the grant. LIST OF ATTACHMENTS Appendix 1 – Letter of Request Appendix 2 - Location map Appendix 3 and 4 – Photos during and after renovations Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer Page 202 of 445 4 PBD-2021-029 June 22, 2021 Appendix 2 Page 203 of 445 5 PBD-2021-029 June 22, 2021 Appendix 3 – Renovation Photos Page 204 of 445 6 PBD-2021-029 June 22, 2021 Appendix 4 – Post Renovation Photos Page 205 of 445 October 30”‘,2020 BillMatson, City Clerk,City of Niagara Falls 4310 Queen Street Niagara Falls,ON,Canada L2E 6X5 ' Hello Bill, We are writing to you as the building owners at 4635 Queen St in Niagara Falls,asking for consideration in the removal of pre-qualification stipulations for the Commercial Building and Facadeimprovement Grant and the Revitalization Grant Program,due to COVlD-19.While we are aware that the above—|isted grants‘applications were to be submitted prior to commencement ofthe project,the COVID-19 pandemic severely altered our plans and timing for the project,which did not allow time for consultation and planning with city staff. We have invested nearly $2,000,000 into purchasing and renovating this building in the Niagara Falls downtown Business Improvement Area.We are very excited to be a part ofthat community moving forward.We have worked with existing tenants to ensure their needs are met while creating a state-of—the-art collaborative space for local area businesses and services.This space will serve not only these businesses but also citizens of Niagara Falls for years to come.As active community members,we plan to participate and cooperate with any downtown initiatives the BIA brings forward. While we understand the by-laws and stipulations have been put in place by city staff with much thought,given the unexpected circumstances surrounding the COVlD-19 pandemic and the impact it has had on our plans,we are asking Council to reconsider the stipulations for this project and to please direct city staffto work with our team in preparing these applications to best meet the needs of Council. We appreciate your consideration and are excited to be a part ofthe Queen St.B|A's revitalization and future and the City of Niagara Falls. Amyn Kassam Nick Stranges /KAdrian Kulakowsky Page 206 of 445 CD-2021-02 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2021-02 Fee Waiver Applications 1) Blackburn Brew House – Fill the Bus Event – for Project Share 2) Good News Breakfast – for Project Share 3) Stamford Centre Volunteer Firemen’s Association – Refreshment Vehicles – Licensing fee 4) Cruising on the Q – Downtown Board of Management 5) Thursday Bike Night – Downtown Board of Management RECOMMENDATION That Council approve the Fee Waiver Applications for: 1) Project Share’s Blackburn Brew House – Fill the Bus Event in the amount of $881.40 for the waiver of fees associated with the donation of 1 bus for 6 hours on Sunday, August 8, 2021 from 11 AM – 5 PM. 2) Project Share’s Good News Breakfast in the amount of $3900.00 (plus HST) for the use of buses and staff to operate by collecting donations of food, funds and gifts for the Christmas program from December 6 – December 10, 2021. 3) Stamford Centre Volunteer Firemen’s Association (SCVFA) in the amount of $325.00 for the waiving of the charitable organization fee for licensing purposes. 4) Celebrate Old Downtown’s annual “Cruising on the Q” car shows taking place on Queen Street in the amount of $7700.00 for the road closure labour and materials costs. 5) “Thursday Bike Night” taking place on Thursdays weekly from July 22 – September 30th, 2021 from 5:00 – 10:00 PM in the amount of $3300.00 for the road closure labour and material costs. Page 207 of 445 2 CD-2021-02 July 13, 2021 EXECUTIVE SUMMARY Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to:  Park permit fees  Rental of City Property  Road Closure Fees  Staffing costs outside normal operations Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to:  Registered charities  Arts and culture organizations  Athletic and social clubs  Service clubs  Neighbourhood groups and organizations,  School associations BACKGROUND 1) A review of the first attached completed Fee Waiver Application from the organizers of “Project Share – Blackburn Brew House – Back –to-School Campaign” shows that the request is for the waiver of fees for the donation of 1 bus for 6 hours on Sunday, August 8, 2021 from 11 AM – 5 PM. The costs amount to a fee of $881.40. Page 208 of 445 3 CD-2021-02 July 13, 2021 A review of the application depicts that the organization is focussed on putting on a promotional event for the community, which is in keeping with the intent of the policy. The Event Description details the following:  This is a back-to-school event that supports Project Sha re’s back-to-school program.  Project Share supports approximately 300 children each year but still have many children remaining on a waitlist.  With more than 1400 eligible children and 600 new families accessing Project Share’s services for the first time this past year, it is anticipated that the need will be even greater given the impacts of the COVID-19 pandemic.  This event is spearheaded by Project Share, Blackburn Brew House and Niagara Falls Transit employee, Chris Russell, whom volunteers his time to drive the bus and solicit support of this campaign.  This program brings the community together with a common goal of helping those less fortunate experience the joy of being ready for a new school year.  Fellow charities are invited to speak at the event, celebrating their successes throughout the year and building a stronger community collectively.  As a charitable organization, all efforts are to have minimal expenses so a high percentage of the fundraising results can directly benefit our clients 2) A review of the second (2nd) attached completed Fee Waiver Application from Project Share – Good News Breakfast shows that the request is for the use of buses and staff to operate by collecting donations of food, funds and gifts for the Christmas program from December 6 – December 10, 2021. The costs amount to a fee of $3900.00 (plus HST). A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of the policy. The Event Description details the following:  The Good News Breakfast event is critical to Project Share’s Christmas program. It kicks off with a corporate & school challenge to collect the most food, funds & monetary donations to help 3800 low income individuals in Niagara Falls with a holiday meal and Christmas gifts for children.  This campaign is spearheaded by Niagara Falls Transit employee, Chris Russell, who volunteers his time to drive the bus and solicit support of this campaign. Page 209 of 445 4 CD-2021-02 July 13, 2021  One bus is then used to collect donations from participating schools and businesses December 6-10, and wrap up with a free community breakfast at the Greg Frewin Theatre on Friday, December 10, 2021.  The Good News Breakfast is a fundraising campaign where we solicit corporate, school and community support. Project Share has several in kind sponsors as well including the breakfast venue host, the Greg Frewin Theatre.  The Good News Breakfast campaign brings the community together with a common goal of helping those less fortunate experience the joy of the holidays. 3) A review of the third (3rd) attached completed Fee Waiver Application from the Stamford Centre Volunteer Firemen’s Association (SCVFA) shows that the request is for the waiving of the charitable organization fee for licensing purposes. The costs amount to a fee of $325.00. A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of the policy. The Event Description details the following:  At the Council meeting on June 22nd, 2021, City Council approved the request to allow for up to three (3) food trucks on the property of Firemen’s Park.  Refreshment vehicles will offer a new experience at the park with the convenience of food and beverage on site.  Hoping to revive the economic position of the SCVFA and independent refreshment operators jointly.  Goal is to offer a new experience to park visitors with all efforts meant to benefit everyone concerned. 4) A review of the fourth (4th) attached completed Fee Waiver Application from the Downtown Board of Management for the “Cruising on the Q” event shows that the request is for the waiving of road closure fees, which would entail the waiving of labour and material costs estimated by Transportation Services staff to be in the amount of $7,700.00 (11 events at $700.00). A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of the policy. The Event Description details the following: Page 210 of 445 5 CD-2021-02 July 13, 2021  The free Car Shows are held to build community in the Downtown area on Tuesdays weekly, starting July 20 – September 28, 2021 from 5:00 – 9:00 PM.  The Car Shows attract many participants and on-lookers who also then dine and enjoy all that the businesses have to offer.  Cruising on the Q will enhance recreation and the sense of community within the City of Niagara Falls as it brings people together, while maintaining COVID-19 guidelines, from a diverse range who share a love for cars.  The fee waiver allows the Crusing’ on the Q organizers to purchase prizes which draw people to attend the events each week.  The hosting of the events on Queen Street ensures accessibility as it is on public property, provides full accessibility and is on a transit route. 5) A review of the fifth (5th) attached completed Fee Waiver Application from the Downtown Board of Management for the “Thursday Bike Night” event shows that the request is for the waiving of road closure fees, which would entail the waiving of labour and material costs estimated by Transportation Services staff to be in the amount of $3,300.00 (11 events at $300.00). A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of the policy. The Event Description details the following:  Bike Nights will enhance recreation and the sense of community within the City of Niagara Falls as it brings together people, while maintaining COVID-19 guidelines, from a diverse range who share a love for bikes.  This event provides a space for residents and tourists to build relationships based on their shared interest.  This event also creates foot traffic for the downtown leading to increased revenue for local restaurants and businesses.  If the fee is not waived, the scope of the event would be limited and the event atmosphere would suffer as organizers would not be able to afford a DJ, promotions and prizes.  This event will be accessible for people from all walks of life, including wheelchair-accessible parking and washrooms within our restaurants and businesses. Page 211 of 445 6 CD-2021-02 July 13, 2021 FINANCIAL IMPLICATIONS/BUDGET IMPACT If all five applications are approved, the combined total of $16,106.40 in fee waivers would be withdrawn from the $51,000.00 allocated from the 2021 operating budget. ORGANIZATION / EVENT FEES WAIVED BY COUNCIL (2021) 2021 BUDGET – Fee Waiver Requests $51,000.00 TOTAL APPROVED TO DATE: $0.00 Requests for Consideration Blackburn Brew House- Back-to-School” Campaign – Project Share $881.40 Project Share – Good News Breakfast $3,900.00 + HST Stamford Centre Volunteer Firemen’s Association – licensing fee $325.00 Cruising on the Q – Downtown Board of Management $7,700.00 Thursday Bike Night – Downtown Board of Management $3,300.00 TOTAL (if approved in this report): $16,106.40 LIST OF ATTACHMENTS Appendix 1 – Fee Waiver Application Forms (completed) Recommended by: Bill Matson, City Clerk Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer Page 212 of 445 7 CD-2021-02 July 13, 2021 Page 213 of 445 7/ N iaigarzl?alls l\\\I|v\ Fee Waiver Application Form A o -Iicant Information Name of Event:Blackburn Brewery Back-to-School campaign in support of Project SHARE organimion Name,Project SHARE of Niagara Falls Organization Address:2'4129 Stanley Avenue Postal Code:L25 7H3 Position:Fundraising Events Coordinator city,Niagara Falls Contact Name:Lauren Lewitzky Phone Number (days):905‘357"51 21 Phone Number (evenings):289'969'5O45 Ema":events@projectshare.ca wemne,projectshare.ca Type of Organization: I:I Not-for-pro?t lncorporation#: RegiStra?on#:107861338RRO001L!Charitable Organization El Other (please specify): The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City‘s annual operating budget. Examples of City fees that can be waived include,but are not limitedto: -Park permit fees Rental of City Property Road Closure Fees Staffing costs outside normal operations The City of Niagara Falls Rates &Fees can be found on the City's website at: Note:Insurance fees will not be waived.Page 1 of4Page 214 of 445 Fee Waiver Application Form/5 N iagarafalls 1\.\\u\ Form Submission Information Applications can be submitted by email to:c|erk@niagarafa||s.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Activlt or Event information Amount °fRequest:Donation of Niagara Falls Transit buses Fees to be Waived (i.e.facility rental,park permit,etc.):use of buses and Staff to Operate Dates and Times,1 Bus on Sunday,August 8th 11 AM -5PM Purpose of Event.Collecting donations of backpacks &school supplies for our back-to—schoolprogram. Number of People Expected:200 Admission Fee (if applicable):suggested donauon Are you serving food?V93 Are you sewing alcohol?yes Activlt or Event Descri tion 1.How will your activity or event enhance recreation and community services in the City of Niagara Falls? This beck~io-schoolnvnnt willbe criticalto ProtectSHARE's Back-io«Schoul program.ProtectSHARE has been auppprilng familieswho live heimvthe poverty line in Niagara Falls for nearly 30 years.In the past.the back to school program has supported approximately300 kidseach year but we alien had childrenremaining on o weliiiaitor help.Willimore than 1.400eligiblechildren and 600 new families accessing our services tor the hut timethis past year.it is anticipatedthat meneed willbe evengreater than ever given Ihe impacts of the COVID-19 pandemic. in order to provide as many children as possible in our community with the supplies they need to feel accepted by their peers Project SHARE works with community partners like Canadian Tire BBnk‘sSnacks vi‘Sneakers program,panner agencies.churches,businesses and individuals who make donations or host events to collect backpacks,healthy snacks and supplies. 2.Please describe the projected social,cultural,economic and environmental impact that the activity or event will have on the City and its residents. back to school campaign brings the community together with a common goal of helping those less fortunateexperiencethejoyofbeingreadyforanewschoolyear.it involves students in social justice issues,preparing them to be compassionate community members.Fellow charities are invited to speak at theevent,celebrating their successes throughout the year and building a stronger community collectively.Page 2 of 4Page 215 of 445 7/? N iagara_]-7u11s It\N.\|D.\ Fee Waiver Application Form 3.What willthe impact on the event be if the fee is not waived? As a charitable organization we strive to have minimal expenses so a high percentage of our fundraising efforts can directly bene?t our clients.If the fee is not waived,the expense would greatly affect our ability to provide over 600 children with the proper necessities to start the school year off right. 4.Are you seeking funding from any other sources?(Fundraising,_grants,sponsorships) in order to provide as many children as possible in our community with the supplies they need to feel accepted by their peers,Project SHARE works with community partners like Canadian Tire Bank's Snacks n’Sneakers program,partner agencies,churches,businesses and individuals who make donations or host events to collect backpacks,healthy snacks and supplies‘ 5.What features willyou have in place to ensure that your event is accessible to all residents (residents with disabilities)? Blackburn Brewery is an accessible space for all residents for the event on August 8. A --lication Checklist Please submit one copy of each of the following documents. Mandatory Documents III A detailed budget,showing revenues and expenditures El Documents relating to City rental permit (if applicable): -Dates,times and location of event 0 All City fees associated with the event El Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application For Internal Use Only: pqzéjzir\l\gr ‘cmCompletedby:Signature:Page 3 of 4Page 216 of 445 Fee Waiver Application Form Niagara alls L,\I\'i\t).\ 3.What willthe impact on the event be if the fee is not waived? 4.Areyouseeking funding from anygther sources?(Fundraising,grants,sponsorshIp§)______W ______ l l 4 l l l l 5.What features willyou have in place to ensure that your event is accessible to all residents (residents with disabilities)? Please submit one copy of each of the following documents. MandatomDocuments i El A detailed budget,showing revenues and expenditures El Documents relating to City rental permit (if applicable): -Dates,times and location of event -AllCity fees associated with the event (:1 Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application For Internal Use Only: //3:45 7<é /—//«*3,Q 14-0N5’/O/‘N4.._.gf//ID’Completed by:/450%Signature:/7/;;//___..,__._M,..,/V V »X Page 3 of 4 IPage 217 of 445 Fee Waiver Application Form Ni=-r?-“riI'?il.i.s on on ... On behalf of,and with the authority of.the above-mentionedorganization,we certily that the informationgiveninthisapplicationforwaivingofCityfeesistrue,correct and complete in every respect. T T . T .T steam o3<:<:_i<>’,\li;§.ié.E""i-gnature -'.-erson Name and Title Date ./V\[/6/1 r ./L.':" T ‘” ,A QAQI4,/‘*__:.L[(___ TT (:l._T~7/ Signature of Board chairIRepresentative Name and Title 'Date Personal information,as defined in the Municipal Freedom of information and Protection of Privacy Act[MFlPPA),is collected under the authority of the Municipal Act‘2001.as amended.and in accordance withMFIPPA.Personal informationcollected on this application form willbe used to assist in granting fee waiversandwillbemadeavailabletothemembersofCityCouncilandstaffandusedforadministrativepurposes.Informationcollected may be subject to disclosure in accordance with the provisions of MFlPPA.The Cityreservestherighttoverifyallinformationcontainedinsubmissions. Questions regarding the collection,use and disclosureof this personal informationmay be directed to the CityClerk,BillMaison.at bmatson@niagarafalis.ca By completing this application form,you consent to the collectionand disclosureof your personal information,and to its use by the City of Niagara Falls,as described above, Page 4 of 4Page 218 of 445 W Fee Waiver Application Form Niagara?ulls (‘ANADA Applicant Information Name ofEVent:Good News Breakfast Organization Name:Project SHARE Organization Address:24129 Stanley Ave city:Niagara Falls postal Code:L2E7H3 c°,,tactName;Pam Sharp position:Executive Director Phone Number (days):905‘357'5121 ext 35 Phone Number (evenings):905‘687'4575 Ema":pam.s@projectshare.ca website,www.projectshare.ca Type of Organization: El Not-for—profit Incorporation #:972888 Charitable Organization Registration #:107861338RRO001 D Other (please specify): Waiving of Fees The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget. Examples of City fees that can be waived include,but are not limited to: Park permit fees Rental of City Property Road Closure Fees Staffing costs outside normal operations Note:Insurance fees will not be waived.Page 1 of4Page 219 of 445 /7 Fee Waiver Application Form N iagarafal s (ANAIIA Form Submission Information Applications can be submitted by email to:c|erk@niagarafalls.ca in person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Activity or Event Information Am°untofRequest:Donation of Niagara Falls Transit buses Fees to be Waived (i.e.facility rental,park permit,etc.):use of buses and Staff to Operate Dates and Times,1 bus Dec.6th-Dec 10th purpose of Event.Collecting donations of food,funds and gifts for our Christmas Program Number of People Expected:Admission Fee (If applicable):Suggested donation Are you sewing food?yes Are you sewing alcohol?no Activity or Event Description 1.How will your activity or event enhance recreation and community services in the City of Niagara Falls? The Good News Breakfast event is critical to Project SHARE‘s Christmas program.It kicks off with a corporate &school challenge to collect the most food,funds &monetary donations to help 3,800 low income individuals in NF with a holiday meal and Christmas gifts for children.We then wrap up with a free community breakfast (this may look different this year,i.e.Virtual due to COVID-19)at the Greg Frewin Theatre on Fri Dec 10th. 2.Please describe the projected social,cultural,economic and environmental impact that the activity or event will have on the City and its residents. drive the bus and solicit support of this campaign.The Good News Breakfast campaign brings thecommunitytogetherwithacommongoalofhelpingthoselessfortunateexperiencethejoyoftheholidays.It involves students in social justice issues,preparing them to be compassionate community members.Fellow charities are invited to speak at the event,celebrating their successes throughout the year andbuildingastrongercommunitycollectively.Page 2 of 4Page 220 of 445 Niagara]?I kr\N,\|).\ 3%Fee Waiver Application Form 3.What willthe impact on the event be ifthe fee_i_snot waived? As a charitable organization we strive to have minimal expenses so a high percentage of our fundraising efforts can directly benefit our clients.If the fee is not waived,the expense would greatly affect our ability to provide a holiday meal and gifts for 3,800 low income residents in Niagara Falls at Christmas. 4.Areyou seeking fundingf_rom anyother sources?(Fundraising,grants.sponsorships) The Good News Breakfast is a fundraising campaign where we solicitcorporate,school,and community support.We have several in kind sponsors as well including our breakfast venue host the Greg Frewin Theatre. 5.What features willyou have in place to ensure that your event is accessibleto all residents (residents with disabilities)? The Greg Frewin Theatre is an accessible space for all residents to attend our free community breakfast on December 10.This may look differently this year (i.e.virtual event)due to the pandemic. Please submit one copy of each of the following documents. MandatomDocuments El A detailed budget,showing revenues and expenditures El Documents relating to City rental permit (if applicable): -Dates,times and location of event a All City fees associated with the event El Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application For Use Qnly: -tgfioo 4 l--lS’iV"Bus Scrotoz ~Lolnr \C\C~\lY 5 " I cl b :/.V ..Comp ate V \.)<3$">i<:‘c‘~S’i‘r\\<uL».‘?>s Signature:0 ?y‘/M,/Page 3 of 4Page 221 of 445 W Fee Waiver Application Form Niagara?qlls NADA Authorization for Application On behalf of,and with the authority of,the abovementioned organization,we certify that the information given in this application for waiving of City fees is true,correct and complete in every respect. Signature of Senior Staff Person Name and Title Date Signature of Board ChairlRepresentative Name and Title Date Personal Information Consent Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),is collected underthe authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City reserves the right to verify all information contained in submissions. Questions regarding the collection,use and disclosure ofthis personal information may be directed to the City Clerk,Bill Matson,at bmatson@niagarafa||s.ca By completing this application form,you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of 4Page 222 of 445 Updated7/6/2021 Monnay,December 6,2021 : V Tuesday,December 7,2021 9:00 AM 3:00 PM 6:00 Wednesday,December 8,2021 9:00 AM 3:00 PM 6:00 Thursday,December 9,2021 9:00 AM 3:00 PM 6:00 Friday,December 10,2021 5:00 AM 11:00 AM 6:00 '30:00 NUMBER OF BUSES 1 TOTAL HOURS 30:00 DECIMAL 30.00 REG.HOURLYRATE $130.00 CHARTERCHARGE $3,900.00 HST(13%)$507.00 TOTAL $4,407.00 3:38 PMPage 223 of 445 W Fee Waiver Application Form N iagarafalls ('.\N :\l),\ Applicant Information Name of Event: Organization Name:-<—— ‘‘ Organization Address:9~+9~"’t*5_t1€;ig:;tv=_;sJaL QNC3‘-D City:'"Postal Code:pg 3 Qzggé Contact Name:Dal Position:E Xe;I I Q‘:x???oiélg? Phone Number (days):QQ3 wasi.9 3 32$Phone Number (evenings):Q ale Email:mm "5;ha gmce”.¢9,:Website:g‘,4,.V.E:A Type of Organization: Jx Not—for-profit Incorporation #: El Charitable Organization Registration #1 El Other (please specify): The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget. Examples of City fees that can be waived include,but are not limited to: -Park permit fees -Rental of City Property -Road Closure Fees -Staffing costs outside normal operations httgs://niagarafalls.ca/gdf/by-laws/schedule-of-fees.gdfNote:insurance fees will not be waived.Page 1 of 4Page 224 of 445 W Fee Waiver Application Form Niagara]-74,11 \\IL\ Form Submission Information Applications can be submitted by email to:c|erk@niagarafa||s.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Activit or Event Information Amount of Request:(_?_'y_QD Fees to be Waived (i.e.facility rental,park permit,etc.): Dates and Times:-v Purpose of Event:{'1 ,2 Q 0 W,5 ,@g_{~_(A\/Qg Number of People Expected:3Q5;7 I Admission Fee (If applicable):;\\ Are you sewing food?>323 Are you sewing alcohol?I ?g Activit or Event Description 1.How will your activity or event enhance recreation and community services in the City of Niagara Falls? O\”—{—e7v._(,\}¢;rA/'\/L‘.*\/J eaxpe-oueNz_e ref THE Pr:/2M- c,oM,e,\,\\g,‘,;,,_g or»@000 am’)WATE71.OI\l SW23, 2.Please describe the projected social,cultural,economic and environmental impact that the activity or '\»\o\7I:\/z_\A§MA\\of §,C_.\/~F:¢A‘IAN-:>ilxtoewenlzzrrrxlf\1I—%r£<s‘?l¢i~«<5*T‘\/9|*|'—‘~“~'0P£‘N1Fb/I\(N oééac I>~/Jew’(:><P&’L«L€x«L£r29 Dnmcvlrlmru.OwLg<_:?,Lal.x’§PMS mcsmftb rlysw/lint"PH Lam céfuofp.Page 2 of 4Page 225 of 445 W Fee Waiver Application Form Niagara]? (\I).\ Authorization for A o o Iication On behalf of,and with the authority of,the abovementioned organization,we certify that the information given in this application for waiving of City fees is true,correct and complete in every respect. Name and Title Date Personal Information Consent Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City reserves the right to verify all information contained in submissions. Questions regarding the collection,use and disclosure of this personal information may be directed to the City Clerk,Bill Matson,at bmatson@niagarafa|ls.ca By completing this application form,you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of4Page 226 of 445 W Fee Waiver Application Form N iagara?alls (/\Nl\I).\ 3.What willthe impact on the event be if the fee is not waived? H”mm uaT'l*AQVé‘r\/.. 4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships) Q0. 5.What features willyou have in place to ensure that your event is accessible to all residents (residents with disabilities)? Q0 §?mn/g or»ANYOHAEP §(,4(A\0(bS?s(_L&; o lication Checklist Please submit one copy of each of the following documents. MandatomDocuments El A detailed budget,showing revenues and expenditures I:I Documents relating to City rental permit (if applicable): -Dates,times and location of event o All City fees associated with the event El Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application Please list the cost of all fee waivers requested on page 2:Amount ($)Charitable orgéamization fee _Pc/\\\QQy\Q,tAS90.4-pdxQ,Q ‘325.00Completedby:E /Signature:74)L(Page 3 of 4Page 227 of 445 /Fee Waiver Application Form Niagara?q!s ADA -licant Information Name of Event:Cruising on the Q organization Name:Downtown Board of Management Organization Address:4605 QueenStreet city,Niagara Falls pom.code:L2E 2L7 Contact Name:Julia Ford Position:Event Manager Phone Number (days):289'214'8187 Phone Number (evenings):289'214"8187 Ema":ju1ia@downtownniagarafa11s.c0m website,WWW.downtownniagarafallscom Type of Organization: El Not-for-profit Incorporation #: El Charitable Organization Registration #: El Other (please specify):‘G“'V*°“N5“93"'*“F9‘"5F/A The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs,services or events that are of a general bene?t to the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City's annual operating budget. Examples of City fees that can be waived include,but are not limited to: -Park permit fees -Rental of City Property -Road Closure Fees -Staffing costs outside normal operations Note:Insurance fees will not be waived.Page 1 of 4Page 228 of 445 /7 Fee Waiver Application Form Niagarafm ls ADA Form Submission Information Applications can be submitted by email to:c|erk@niagarafa||s.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Activit or Event Information Amount of Request:‘?"”—$Tl-,'—‘l-oo Fees to be Waived (i.e.facility rental.park permit,etc.): Dates and Times;Tuesdays Weekly,July 20-September28 from 5-9 gj Purpose of Event:Car ShOW Road Closure Fess.Stalting costs outside normal operations Capacity Determined by N /A Number of People Expected:Covid guidelines Admission Fee (If applicable): Are you serving food?No Are you sewing alcohol?N0 Activit or Event Description 1.How will your activity or event enhance recreation and community services in the City of Niagara Falls? Cruising on the Q willenhance recreation and the sense of community within the City of Niagara Falls as it brings together people from a diverse age range who share a ;ove for cars.This event provides a space for residents and tourist to build relationships based on their shared interest.This event fills a gap in recreation,strengthening the variety of opportunities for people to participate. 2.Please describe the projected social,cultural,economic and environmental impact that the activity or event willhave on the City and its residents. shared interest while maintaining COVlD~19guidelines.fromparticipate.This event also creates foot traffic for the downtown leading to increased revenue forlocalrestaurantsandbusinesses.Page 2 of 4Page 229 of 445 /Fee Waiver Application Form Niagarafigl s NADA 3.What willthe impact on the event be if the fee is not waived? If the fee is not waved the scope of the event would be limited.The event atmospherewould suffer as we wouldn’t be able to afford a DJ, promotionsand prizes. 4.Are you seeking funding from any other sources?(Fundraising,_grants,sponsorships) No sponsorship,grants or fundraising has been done to help fund this event. 5.What features will you have in place to ensure that your event is accessible to all residents (residents with disabilities)? This event will be accessiblefor people from all walksof life,including wheelchair-accessibleparking and washroomswithin our restaurants and businesses. o a lication Checklist Please submit one copy of each of the following documents. Mandatory Documents [:1 A detailed budget,showing revenues and expenditures El Documents relating to City rental permit (if applicable): -Dates,times and location of event -All City fees associated with the event El Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application For Internal Use Only: C.Losua4siisvs-16 X mod ‘0Completedby:M‘g(L°oa?J Signature:Page 3 of4Page 230 of 445 /Fee Waiver Application Form Niagarafqlls (‘NADA Authorization for Aplication On behalf of,and with the authority of,the above-mentioned organization,we certify that the information given in this application for waiving of City fees is true,correct and complete in every respect. V, DONALD __.Amanda Nicol—MacDonald,Executive Director July 6th,2021 Signature of Senior Staff Person Name and Title Date '2 Zr!“Ron Charbonneau,Chairman July 6th,2021 Signature of Board Chair/Representative Name and Title Date Personal Information Consent Personal information,as de?ned in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City reserves the right to verify all information contained in submissions. Questions regarding the collection,use and disclosure of this personal information may be directed to the City Clerk,BillMatson,at bmatson@niagarafalls.ca By completing this application form,you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of 4Page 231 of 445 /7 Fee Waiver Application Form Niagarafqlls K‘NAIYA Aplicant Information Thursday Bike NightNameofEvent: organization Name:Downtown Board of Management Organization Address:4605 QueenStreet city;Niagara Falls pasta]code;L2E 2L7 Contact Name:Julia Ford Position:Event Manager Phone Number (days):Phone Number (evenings):289-214-8187 Ema":|ulla@downtownnlagarafa||s.com website:wwwdowntownniagarafalls.com Type of Organization: El Not—for—profit Incorporation #: E1 Charitable Organization Registration #2 El Other (please specify):‘G“"""“""9““E“"‘ The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non—profitgroups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget. Examples of City fees that can be waived include,but are not limited to: -Park permit fees -Rental of City Property -Road Closure Fees -Staffing costs outside normal operations Note:Insurance fees will not be waived.Page 1 of 4Page 232 of 445 Fee Waiver Application Form Form Submission Information Applications can be submitted by email to:clerk@niagarafalls.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am ~4:30pm Activit or Event information Amount of Request:6969'‘k3.1790 Fees to be Waived (i.e.facility rental,park permit,etc.): Thursdays Weekly,July 22-September 30 5pm-10pm Road Closure Fees,Staffing costs outside nonnal operations EBtswsnrsl Purpose of Event:Vintage Motorcycle Social Night Capacity determinedby N /A Number of People Expected:COVID-19guidelines Admission Fee (If applicable): Dates and Times: Are you sewing food?NO Are you sewing alcohol?N0 Activit or Event Description 1.How willyour activity or event enhance recreation and community services in the City of Niagara Falls? Bike Nights willenhance recreation and the sense of community withinthe City of Niagara Falls as it brings together people from a diverse age range who share a love for bikes.This event provides a space for residents and tourist to build relationships based on their shared interest.This event ?lls a gap in recreation,strengthening the variety of opportunities for people to participate. 2.Please describe the projected social,cultural,economic and environmentalimpact that the activity or event willhave on the City and its residents. interest while maintainingeventalsocreatesfoottraffic for the downtown leading to increased revenue for local restaurants andbusinesses.Page 2 of 4Page 233 of 445 /Fee Waiver Application Form Niagara?ulls (‘l\NAl)i\ 3.What willthe impact on the event be Ifthe fee Is not waived? if the fee is not waved the scope of the event would be limited.The event atmosphere would suffer as we wouldn't be able to afford a DJ,promotions and prizes. 4.Are you seeking funding from any other sources?(Fundraising,_grants,sponsorships) No sponsorship,grants or fundraising has been done to help fund this event. 5.What features will you have in place to ensure that your event is accessible to all residents (residents with disabilities)? This event willbe accessible for people from all walks of life.including wheelchair-accessible parking and washrooms within our restaurants and businesses. Application Checklist Please submit one copy of each of the following documents. Mandatory Documents III A detailed budget,showing revenues and expenditures III Documents relating to City rental permit (if applicable): -Dates,times and location of event -AllCity fees associated with the event El Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application Cb<>Su(£G‘?,?ooH6v5N-r-5 )(V360Completedbyzl/lg”‘a0%'J Signature:C g Page 3 cf4Page 234 of 445 /Fee Waiver Application Form Niagara?g Is NADA Authorization for A -Iication On behalf of,and with the authority of,the above—mentioned organization,we certify that the information given in this application for waiving of City fees is true,correct and complete in every respect. Amanda Nicol-MacDonald,Executive Director July 6th,2021 Signatu of Senior Staff Person Name and Title Date ;”’July em.2021RonCharbonneau,Chairman Signature of Board ChairlRepresentative Name and Title Date Personal Information Consent Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with MFlPPA.Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City reserves the right to verify all Information contained in submissions. Questions regarding the collection,use and disclosure of this personal information may be directed to the City Clerk,BillMatson,at bmatson@niagarafal|s.ca By completing this application form,you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of 4Page 235 of 445 1 PBD-2021-33 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-33 Request by Downtown BIA to Apply Community Improvement Area funds to other works RECOMMENDATION That Council not authorize the use of the Downtown Community Improvement Plan Reserve as it does not meet the intent of the programs. BACKGROUND The City Council has received a request from the Downtown BIA to apply $30,000 from the Downtown Community Improvement Plan (CIP) Reserve to the repainting of the Downtown Arches and removal of the previous ‘Q’ Branding. The Board of the BIA supported this motion at their May 31, 2021 meeting. ANALYSIS/RATIONALE Downtown Community Improvement Plan (CIP) The Downtown CIP was originally approved in 2003 to improve the City’s Downtown with the rehabilitation and redevelopment of properties and the introduction of more residential units within the Downtown CIP Area. The Plan was approved under the legislative provisions of the Planning Act and Municipal Act that allows Municipalities to do the following within an approved CIP:  acquire, hold, clear, grade or otherwise prepare land for community improvement;  construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan;  sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan; and,  make grants or loans to the registered owners, assessed owners, and tenants of land and buildings within the community improvement project area (and their assignees) to pay for the whole or any part of the cost of rehabilitating such lands and buildings in conformity with the community improvement plan. As such the incentive programs under the Downtown CIP provide funding for the improvement of privately owned properties. In this regard, the City has established two programs for the repair, rehabilitation and improvement of buildings. The Façade Improvement Grant program provides assistance to owners with the repair and upgrading of street facades, including repointing of masonry, window replacement, restoration of architectural elements and the Commercial Building Grant program which provides incentives to ensure buildings meet the Ontario Building and Fire Codes, such as replacement of roofing and ensuring structural integrity and addressing health and safety matters such as operable plumbing, adequate HVAC systems and electrical service. Funding is limited to a total of $25,000 for façade and building improvements ($15,000 maximum for the façade and $10.000 maximum for the building). The funding requested by the BIA does not fall under the umbrella of these CIP programs. Page 236 of 445 2 PBD-2021-33 July 13, 2021 As Council is aware, CIP funding is shared 50/50 between the City and the Region. The Region is currently undertaking a review of its CIP programs and it is intended that the City will follow suit with new incentives once the Region’s study is complete. City Council may choose to reduce, change or end funding for a CIP or any one of its incentive programs at anytime. If the City were to establish a separate municipal program, funding would not be matched by the Region. The existing arches were installed as part of the Downtown Streetscaping Revitalization contract in 2011. The design and colour of the Arches were stipulated by the Downto wn BIA at the time. Part of the construction specification for the Arches included the application of a Marine Grade Paint and coating system, which provides advanced corrosion protection and UV-resistance for outdoor applications. Municipal Works staff have performed a cursory assessment of the condition of the paint on the Arches and it appears that aside from some minor damage to the poles from other signage being affixed to them, they are still in relatively good to fair condition. According to the 2017 audited financial a statements, the special purposes reserve, set aside by Council for specific purposes, includes special purpose reserve 229 Downtown CIP (SPR 229). The specific purpose of SPR 229 was to fund eligible Downtown CIP expenditures. The recommendation of staff is inline with the purpose of SPR 229. Accepting the recommendation will maintain the SPR 229 balance at its current level for future Downtown CIP investments. A Council resolution would be required to use funds from SPR 229 to fund expenditures that are not eligible Downtown CIP expenditures. Such a resolution would decrease the current SPR 229 balance by $30,000, reducing future funds available for Downtown CIP investments. CONCLUSION The request from the Downtown BIA to apply $30,000 from the Downtown Community Improvement Plan (CIP) Reserve to the repainting of the Downtown Arches and removal of the previous ‘Q’ Branding is not supported as it does not meet the intent of the Community Improvement Plan for which the special purpose reserve 229 Downtown CIP (SPR 22) was created. In addition, the works cited as the basis for the $30,000 are for features installed in 2011 which do not appear to require urgent work at this time. LIST OF ATTACHMENTS  Appendix 1 – Downtown BIA Request, June 1, 2021 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer AH/FB/EN/JL:cv Attach. Page 237 of 445 3 PBD-2021-33 July 13, 2021 APPENDIX 1 Page 238 of 445 4 PBD-2021-33 July 13, 2021 Page 239 of 445 TS-2021-04 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transit Services Department SUBJECT: TS-2021-04 2022 Capital Budget Preapproval Request – Industrial Scrubber RECOMMENDATION That Council preapprove the allocation of 2022 Capital Budget funds in the amount of $60,000 for the purchase of a new electric industrial floor scrubber for the City of Niagara Falls’ WEGO Facility. EXECUTIVE SUMMARY This report requests Council’s preapproval of the allocation of 2022 capital funds to expedite the purchase of an industrial floor scrubber for the WEGO facility maintenance areas currently in use by Transit Services, and in the interim by Municipal Works. BACKGROUND Staff had put forward the purchase of a new scrubber as a capital request through the Investing in Canada Infrastructure Program (ICIP) in 2019. That application was denied based on the funding criteria of the federal and provincial government. Through the 2020 Capital Budget process, staff concentrated on fiscal restraint under Council’s guidance and chose to focus on bringing forward the need for three additional expansion buses funded by development charges. These buses are committed to with our manufacturer for order by the end of this year and receipt in 2022 to support expanding routes in 2021. Page 240 of 445 2 TS-2021-04 July 13, 2021 ANALYSIS/RATIONALE It was staff’s intent to reintroduce the need for this equipment through our impending 2022 budget discussions. Facility maintenance and staff health and safety concerns brought forward by both users of our existing scrubber on the property and their managers as well as through our JH&SC members have led us to ask for preapproval in this report to reduce any further lead time waiting for budget approval into mid-2022. The existing scrubber is propane powered and no longer appropriate for significant indoor use. As the WEGO facility is large and the scrubber must be run for long time periods the off-gassing of this propane has been a source for concern and complaint from affected staff and by visitors/ contracted parties or vendors to the facility. Further, the design of our current equipment causes the unit to ‘kick up dust’ as it moves along the lanes or in the maintenance garage thereby creating clouds of dirt which can be problematic for staff in their workplace and for the surfaces of our expensive equipment being worked on in maintenance, being ridden by the public or in our workspaces. Industrial scrubbers reduce labour intensity, minimize disruption in the shop and clean more efficiently reducing risk and cost. They are ergonomic for staff and more environmentally sound in their use of power or fuel and water or cleaners. The preferred battery electric units staff are investigating use clean water and do not leave hazardous surfaces (slippery) behind reducing slip & fall risk to all staff and visitors. Warranty for parts & labour will be included in the unit cost. The expected life of the scrubber is up to 15 years with a battery replacement cycle of every 5 years expected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The original unit estimate presented to Council in the 2019 ICIP project for consideration was $80,000. After receiving updated quotations, the estimated cost for an electric industrial scrubber unit is $60,000. This allocation will be sufficient to purchase the appropriate equipment. Any trade in or proceeds of sale pursuant to the City’s procurement or disposal policies will be applied to the project and reduce financing requirements. The City will retain and must maintain the WEGO facility for many years to come and is being asked to invest in its care and the health & safety of the workers or visitors/ contractors who are onsite. CITY’S STRATEGIC COMMITMENT Committed to improving transportation systems, making them more efficient and greener, using evolving technologies. Page 241 of 445 3 TS-2021-04 July 13, 2021 LIST OF ATTACHMENTS None. Recommended by: Carla Stout, General Manager of Transit Services Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer Page 242 of 445 PBD-2021-37 July 13, 2021 REPORT TO: Mayor James M. Diodadi and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-37 Surplus Dunn Street Extension Lands Opportunities and Constraints for Housing Development RECOMMENDATION That Council direct staff to have concept drawings prepared for the Dunn Street Extension lands, suitable for public consultation. BACKGROUND On June 1, 2021, City Council established an ad hoc Affordable Housing Committee composed of all Council with Councillor Pietrangelo as Chair. The purpose of the Committee is to examine the potential of the unused lands of the Dunn Street Extension for housing. Council requested that staff come back with a report outlining any opportunities and constraints and the form of housing which may occur on the lands. ANALYSIS/RATIONALE The lands involve a strip of lands 30 metres (100 ft) wide extending from Kalar Road in the west to approximately 138 metres east of Charnwood Avenue. The lands are composed of 3 distinct sections:  Part 1 extending from Kalar Road to Pitton Road;  Part 2 extending from Pitton Road to Charnwood Avenue; and  Part 3 extending east of Charnwood Avenue. The lands are shown on Schedules 1, 2 and 3, attached to this report. PART 1 The west portion of these lands, being approximately 30 m (100 ft.) wide by 158.5 metres (520 ft.) in length, has an area of 4,755 square metres (52,000 sq. ft.). The lands are zoned R4 – Residential Low Density, Grouped Multiple, by By-law 79-200, which permits either townhouses or an apartment building. The opportunity exists to develop an apartment building having 24 units. Rezoning of the property is not necessary and could proceed directly to Site Plan Approval. The width of the property poses a constraint for the layout of a building and parking area. The lands abut apartment site to the north and the hydro corridor to the south, therefore, an apartment building on these lands would be compatible with adjacent lands fronting on Kalar Road. The lands are partially treed which may necessitate a tree study be undertaken before development occurs. Page 243 of 445 2 PBD-2021-37 July 13, 2021 The east portion of Part 1 is approximately 30 m (100 ft.) wide by 197 m (646 ft.) long and has an area of approximately 5,910 sq. m. (64,600 sq. ft.). The lands are zoned R2 – Residential Two Zone which permits a detached dwelling, a duplex dwelling or a semi- detached dwelling. It is not possible to extend a municipal road from Pitton Road to service this land as it would leave insufficient area for dwellings. If the land were to be rezoned to the R4 – Residential Low Density, Grouped Multiple it could accommodate townhouse dwellings on a private driveway. Site Plan Approval would be used to secure appropriate fencing and landscaping if rezoning occurred. The lands are partially treed which may necessitate a tree study be undertaken before development occurs. PART 2 Part 2 extends from Pitton Road to Charnwood Avenue and has a width of 30 m (100 ft) and a length of 277 m (910 ft). The lands are currently zoned R2 – Residential Two Zone which permits detached, duplex and semi-detached dwellings. The lands are severely constrained by both sanitary and storm sewers which run down the middle of the entirety of the lands. It would not be desirable or advised to build on top of the municipal infrastructure. Therefore, opportunities are limited to a lot fronting on the east side of Pitton Road and a lot fronting on the west side of Charnwood Avenue. These lots could accommodate a detached dwelling and depending on the exact locations of the sewers, it may be possible to have sufficient width to create lots for a semi-detached dwelling. PART 3 Part 3 has a width of 30 m (100 ft) on the east side of Charnwood and an approximate depth of 137 m (450 ft) having an area of 4110 sq. m (45,000 sq ft). The lands are currently zoned R2 – Residential Two Zone which permits detached, duplex and semi-detached dwellings. To make the most efficient use of the lands up-zoning the lands to an R4 – Residential Low Density Grouped Multiple Dwelling Zone or the R5B – Residential Apartment 5B Density Zone can be investigated. The lands are partially treed which may necessitate a tree study be undertaken before development occurs. CONCLUSION The lands are not needed for a new municipal road. Part of the lands fronting on Kalar Road have immediate potential for a new apartment building. The existing zoning of the balance of the lands provides limited opportunities for development, but to use the lands most efficiently up-zoning the property to provide for townhouse or apartment uses creates the greatest opportunity to make housing attainable in the current high demand market. Rezoning the lands would be subject to a statutory Public Meeting under the Planning Act. All of the lands are constrained by the narrow width which may limit the layout of future housing. The presence of trees may necessitate a study(ies) before development occurs. New housing behind existing residences will be necessary to address landscaping an buffering issues. The presence of municipal infrastructure removes the development potential for almost half the lands. Page 244 of 445 3 PBD-2021-37 July 13, 2021 In order to determine the actual number of potential units and possible layouts, it will be necessary to secure the services of outside drafting and design professionals to prepare conceptual designs. Once land use concepts are prepared, the drawings will be presented to this Committee for review before conducting public consultation meetings. LIST OF ATTACHMENTS  Schedule 1 – Part 1 lands  Schedule 2 – Part 2 lands  Schedule 3 – Part 3 lands Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer AH: cv Attach. S:\PDR\2021\PBD-2021-XXX, Surplus Dunn St Extension Lands.docx Page 245 of 445 4 PBD-2021-37 July 13, 2021 SCHEDULE 1 PART 1 LANDS Page 246 of 445 5 PBD-2021-37 July 13, 2021 SCHEDULE 2 PART 2 LANDS Page 247 of 445 6 PBD-2021-37 July 13, 2021 SCHEDULE 3 PART 3 LANDS Page 248 of 445 CD-2021-03 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2021-03 Flag Raising / Lowering Request Policy RECOMMENDATION 1. That Council approve and adopt the attached Municipal Flag Policy, attached as Appendix 1. 2. That the City Clerk be delegated the authority to amend the Municipal Flag Policy from time to time, as required. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to formally recognize and adopt the Municipal Flag Policy as they relate to flag raising request s made by the community, as well as recognize the Canadian Heritage protocols for the lowering of flags at municipal facilities. BACKGROUND Council has asked staff to come back with a report outlining a policy to follow for any flag raising requests that Council are asked to consider and to investigate the Federal government's flag-raising policy as well as other local municipalities with the intention of the City of Niagara Falls adopting a similar policy, and to include any potential criteria to limit the requests to local residents. The City of Niagara Falls currently does not have a formal flag policy. Instead, Council has considered flag raising requests, as they are received by staff, on an individual basis as they appear on the Council Agenda. Staff are also directed from time to time to lower flags as a symbol of mourning for dignitaries, staff members or to pay respects to local, provincial or national significant events. As such, it was felt that a municipal flag policy should not just focus on flag raising requests but also the lowering of flags to half-mast as well. Page 249 of 445 2 CD-2021-03 July 13, 2021 To provide some current perspective, flagpoles are located at the following municipal properties:  City Hall (3 poles – Canadian flag, Provincial flag, City flag)  Council Chamber – (4 stands – Canadian flag, Provincial flag, Regional flag, City flag)  Rosberg Park, next to City Hall (3 poles – Canadian flag, Provincial flag, City flag)  MacBain Centre (1 pole – Canadian flag)  Municipal Service Centre (1 pole – Canadian flag)  WEGO Facility ( 2 poles – Canadian flag and City flag)  Fairview Cemetery (5 poles, various locations, Canadian flags and Union Jack)  Lundy’s Lane Cemetery (1 pole – Canadian flag)  Drummond Hill Cemetery (1 pole – Union Jack)  Gale Centre (3 poles – Canadian flag, Provincial flag, City flag)  Chippawa Arena (1 pole – Canadian flag)  Niagara Falls Museum (1 pole – Canadian flag)  Coronation Centre (1 pole – Canadian flag)  Fire Stations o Station 1 (2 poles – Canadian flag and City flag) o Station 2 (1 pole – Canadian flag) o Station 3 (1 pole – Canadian flag) o Station 4 (2 flagstaffs affixed to building – Canadian flag and City flag) o Station 5 (1 pole – Canadian flag) o Station 6 (1 pole – Canadian flag) o Station 7 (1 pole – Canadian flag) As Council is aware, the municipality receives requests for flag raisings and traditionally honours such requests. The Municipal Flag Policy would include criteria respecting flag raising requests, including bringing applicable requests to Council for consideration. Staff have researched various policies with respect to half -masting flags to establish a guideline to recognize occasions and events where a flag should be lowered as a sign of respect and condolence or to commemorate significant events. DISCUSSION The City will fly its flags at half-mast in the event of a death or to commemorate a solemn occasion. The act of half-masting is a strong visual statement that speaks Page 250 of 445 3 CD-2021-03 July 13, 2021 to the sense of loss that is shared by all citizens. The flags are to be lowered on specific dates as outlined in the policy as well as occasions at the direction of the Mayor. Flag-raising ceremonies enhance public awareness of activities such as national days, multicultural events, and fundraising drives. They encourage support from members of Council, members of the public, and benefit and enrich the community. A flag raising is the ceremonial raising of a flag that can occur with or without an accompanying ceremony. The Municipal Flag Policy, as attached, lays out provisions of both the ra ising and lowering of flags. However, administratively it has come to the author’s attention that a common practice involved with Flag Raising Ceremonies is to have one of our Parking Commissionaires attend the ceremony with the task of raising the flag. This practice was put in place years ago, as a great number of our Commissionaires on staff were veterans and their presence was fitting for ceremonial purposes. Use of the Commissionaires for this purpose was also convenient since they worked out of City Hall in the past. Now, with the staff stationed out of the City’s MacBain Community Centre as part of our Parking Enforcement division, combined with no longer having veterans on staff, their use in the Flag Raising Ceremonies have become mute. Thus, future arrangements for staff’s assistance at these ceremonies may or may not include the use of Commissionaire staff. The absence of their use in the attached policy is purposeful as to not tie their involvement in either the ceremony process or the policy itself. As depicted in the policy, any ask for a Flag Raising request is intended to be in support of a local community organization or group that is deemed important to the residents of Niagara Falls. Any requests to fly the flag of any nation other than Canada, will only be considered if Canada has diplomatic relations with that nation at the time of the request. Further to Council’s direction, requests for such flag raisings shall only be considered when coming from a local community group or organization with ties to either the City or the Niagara Region. FINANCIAL IMPLICATIONS/BUDGET IMPACT At present, there are limited financial implications associated with establishing and following the proposed Municipal Flag Policy. Staff’s time associated with each request will continue should Council continue to grant further flag raising requests. Page 251 of 445 4 CD-2021-03 July 13, 2021 LIST OF ATTACHEMENTS Appendix 1 – Municipal Flag Policy Recommended by: Bill Matson, City Clerk Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer Page 252 of 445 Submitted By: Director of Clerks & Council Services Recommended By: Council POLICY Clerks Policy #: 000.00 Issue Date: July 2021 Municipal Flag Policy PURPOSE The Municipal Flag Policy establishes a consistent practise for the flying of flags at municipal buildings, properties and facilities. It further establishes the framework for flying of flags at half-mast, and to govern requests for flag raisings received from the community. APPLICATION The accountability framework for this policy is such that all applicable Managers/Directors are responsible for ensuring compliance with this policy and established procedures at all of their respective facilities. The City Clerk’s Office or the Mayor’s Office staff shall inform the respective City staff if an event requires the lowering of flags. Currently, flagpoles are located at the following municipal properties:  City Hall (3 poles – Canadian flag, Provincial flag, City flag)  Council Chamber – (4 stands – Canadian flag, Provincial flag, Regional flag, City flag)  Rosberg Park, next to City Hall (3 poles – Canadian flag, Provincial flag, City flag)  MacBain Centre (1 pole – Canadian flag)  Municipal Service Centre (1 pole – Canadian flag)  WEGO Facility ( 2 poles – Canadian flag and City flag)  Fairview Cemetery (5 poles, various locations, Canadian flags and Union Jack)  Lundy’s Lane Cemetery (1 pole – Canadian flag)  Drummond Hill Cemetery (1 pole – Union Jack)  Gale Centre (3 poles – Canadian flag, Provincial flag, City flag)  Chippawa Arena (1 pole – Canadian flag)  Niagara Falls Museum (1 pole – Canadian flag)  Coronation Centre (1pole – Canadian flag) Page 253 of 445 A Great City … For Generations To Come  Fire Stations o Station 1 (2 poles – Canadian flag and City flag) o Station 2 (1 pole – Canadian flag) o Station 3 (1 pole – Canadian flag) o Station 4 (2 flagstaffs affixed to building – Canadian flag and City flag) o Station 5 (1 pole – Canadian flag) o Station 6 (1 pole – Canadian flag) o Station 7 (1 pole – Canadian flag) FLYING FLAGS AT HALF-MAST A flag flown at half-mast is the universal symbol of mourning. Only flags secured to flagpoles with halyards (ropes) and pulleys will be half-masted. To place a flag at half-mast, it shall be raised to the masthead, then, slowly lowered until the flags center is midway between the masthead and the base of the flagpole. Flags will be flown at half-mast at all City facilities to mark periods of official mourning upon the death of:  The Sovereign or a member of the Royal Family related in the first degree to the Sovereign (husband or wife, son or daughter, father, mother, brother or sister);  The Governor General or former Governor General;  The Prime Minister or former Prime Minister;  Premier of Ontario or a former Premier of Ontario;  Member or former Member of the House of Commons for this riding;  Member or former Member of Provincial Parliament for this riding;  Special Events recognized by the Canadian Government that recognize the death of a universal figure(s);  The Mayor or former Mayor of Niagara Falls  A Councillor or past Councillor of the City;  Current staff member and retired staff member.  Death of a current Board/Committee Member In the case of persons listed above, flags will be flown at half-mast from the date the notice of death is received until sunset on the date of the funeral for the individual. Page 254 of 445 A Great City … For Generations To Come Flags will also be flown at half-mast in recognition of the following dates:  On April 28th of each year marking the Day of Mourning for People Killed or Injured in the Workplace.  On June 23rd of each year marking the National Day of Remembrance for Victims of Terrorism.  On the Second Sunday in September at all Fire Stations for the Firefighters ’ National Memorial Day.  On Remembrance Day, November 11th  On December 6th of each year making the National Day or Remembrance and Action on Violence Against Women.  Any other day as proclaimed by the Province  Any other day as proclaimed by the Mayor to honour a local or National event. The lowering of Flags at City facilities (where applicable) will be communicated by email to facility staff advising of the date and time to lower the flags as well as the reason for same. Every attempt will be made so that a message to explain why the flags have been lowered to half-mast will also be communicated by staff via the City’s Social Media outlets. FLAG RAISINGS REQUESTS Community and National Flag Raisings that have been approved by City Council will be flown on one of the flagpoles located next to City Hall within Rosberg Park. This location includes three (3) flagpoles that fly the Canadian Flag, Province of Ontario Flag and the City of Niagara Falls Flag. When a Community or National Flag Raising occurs, it will take the place of the City Flag. Should there be a second Community or National Flag Raising taking place at the same time, the flagpoles located at City Hall will be used. On these occurrences, it will again be the City Flag that is substituted for the Community or National Flag Raising. Should a Flag Raising request be taking place at the same time as when flags are being flown at half-mast, the Community or National flag will also be flown at half-mast. Community Flags permitted to be flown at City facilities, namely City Hall and Rosberg Park shall be declared by Council in the form of a resolution or proclamation and be:  In support of non-profit community based fund-raising drives important to the residents of the City of Niagara Falls  In support of organization awareness campaigns  To celebrate multi-cultural and civic events important to the City of Niagara Falls. Page 255 of 445 A Great City … For Generations To Come National Flags permitted to be flown at City facilities, namely City Hall and Rosberg Park shall be declared by Council in the form or a resolution or proclamation and;  Will only be considered if Canada has diplomatic relations with that nation at the time of the request.  The request must come from a local community group or organization with t ies to the City or Niagara Region. City of Niagara Falls flagpoles will not be used to fly flags:  Of Political Parties  Of Religious Groups  In support of fund-raising drives that are political or religious in nature; and  In support of groups, organizations, or events that promote beliefs contrary to any other municipal policy. The community organization must provide the flag to City staff and be available to retrieve the flag once it has been removed. Mayor’s Office staff will coordinate the date and time of the any flag raisings that have been approved by Council. Flags will be flown for up to one (1) week at a time unless otherwise directed by Council. Community Flags shall not be larger than 36 inches x 72 inches (standard). A flag raising is the ceremonial raising of a flag that can occur with or without an accompanying ceremony. The City shall maintain all rights and authority for the purposes of flying the National, Provincial or Municipal Flags on the Community Flagpoles on significant dates/periods a s deemed appropriate. REQUESTS FOR USE OF THE COMMUNITY FLAGPOLES All requests for use of the Community Flagpoles will be made in writing to the City Clerk. Should they meet the requirements of this policy, they will then be included on an upcoming Council agenda for consideration. Page 256 of 445 MW-2021-43 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-43 Intersection Control Reviews - Multiple Locations RECOMMENDATION That a stop sign be installed on the minor street approach at the following intersections as outlined in this report: A. Northbound on Ellsworth Place at Wilson Crescent; B. Southbound on Crysler Avenue at Jepson Street; and, C. Southbound on Hutton Avenue at Nelson Crescent EXECUTIVE SUMMARY A stop sign is warranted at each studied location to properly assign the right-of-way amongst motorists. BACKGROUND City Staff has received several requests at the following locations to investigate the feasibility of installing a stop sign on the minor street approach for traffic:  Northbound on Ellsworth Place at Wilson Crescent;  Southbound on Crysler Avenue at Jepson Street; and,  Southbound on Hutton Avenue at Nelson Crescent. ANALYSIS/RATIONALE Study results indicate that a stop control is warranted at each of the above intersections. The approach sight triangle requirement for an uncontrolled crossing is not met, thus warranting additional traffic control. This is common in developed residential areas where vegetation, fences and dwellings are present within the visibility clear zone. A collision review revealed that a collision problem does not exist at any of these intersections in the Page 257 of 445 2 MW-2021-43 July 13, 2021 previous three years. The installation of the stop signs will ensure motorists on the minor approaches stop and yield the right-of-way to motorists on the major roads. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the stop signs is to be carried out by Transportation Services staff. The labour and material costs will be accounted for in the 2021 General Purposes Budget. It is estimated that the cost to install the signs is approximately $500. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS Site Location Diagrams (3) Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer M. Bilodeau Page 258 of 445 MW-2021-43 July 13, 2021 MW-2021-43 Ellsworth PIace @ Wilson Crescent Intersection Control Review Proposed STOP sign Page 259 of 445 4 MW-2021-43 July 13, 2021 MW-2021-43 Crysler Avenue @ Jepson Street Intersection Control Review Proposed STOP sign Page 260 of 445 5 MW-2021-43 July 13, 2021 MW-2021-43 Hutton Avenue @ Nelson Crescent Intersection Control Review Proposed STOP sign Page 261 of 445 PBD-2021-032 July 13, 2021 REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-032 26CD-11-2018-002 Extension to Draft Approval Plan of Condominium (Standard) 4311 Mann Street Applicant: Phelps Homes Agent: James Warren RECOMMENDATION That Council grant a one year extension to draft plan approval of the Standard Condominium, ending July 13, 2022. EXECUTIVE SUMMARY Draft approval for a Standard Condominium, to divide the land into units of land for 45 townhouse dwelling units, was granted by Council on June 19, 2018. Draft approval is due to expire on July 17, 2021. The applicant has requested a three year extension of draft approval to obtain the building permits in order to substantially complete the project and register the standard condominium agreement. Under the terms of delegated authority from the Region to approve condominiums, only a one year extension can be recommended. The conditions of draft approval still conform to Provincial, Regional, and City policies and applicable zoning and development standards. BACKGROUND Proposal On June 19, 2018, Council granted draft plan approval to a Standard Condominium for the lands known as 4311 Mann Street. The condominium consists of 45 units of land for future townhouse units and common areas for access, parking and landscaping. Draft appr oval came into effect on July 17, 2018. The location of the lands is shown on Schedule 1. The layout of the condominium is illustrated on Schedule 2. Draft approval for Condominium applications is typically given for three years. Approval lapses after three years unless an extension is granted by Council as permitted under the Planning Act. ANALYSIS The applicant’s planner has submitted a request for an extension to draft plan approval for 3 years (see attached letter). Draft approval was granted subject to 8 conditions (see Appendix B). Page 262 of 445 2 PBD-2021-032 July 13, 2021 The property has recently been acquired by new owners (Phelps Homes). The new owners have requested a three year extension as construction of units are required to be substantially complete prior to creation of standard condominium units. All conditions have been fulfilled and a draft condominium agreement has been prepared and reviewed. Although the Planning Act does not specify the maximum time period a draft approval can be extended, under the terms of the delegated authority from the Region to approve condominiums, the City is only permitted to extend draft approval for a period of one year at a time. A one year extension will allow the owner to obtain the required building permits, construct the dwelling units and to register the condominium agreement. A further one year extension can be considered in the future should further time be necessary. The request was circulated to City departments and the Region for comments. None objected to the extension. The proposal remains in compliance with Provincial, Regional and City policies and relevant zoning regulations and development standards. As such, it would be appropriate to extend draft approval for one year, until July 13, 2022. The conditions of draft approval are listed in Appendix B. These remain unchanged from the original draft approval. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City when it proceeds. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed Condominium will provide additional housing in the City. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan  Appendix A – Request for Extension of Draft Plan Approval  Appendix B – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer N.DeBenedetti:cv Attach. S:\PDR\2021\PBD-2021-032, 26CD-11-2018-002, 4311 Mann Street Extension of Draft Approval.docx Page 263 of 445 3 PBD-2021-032 July 13, 2021 SCHEDULE 1 Page 264 of 445 4 PBD-2021-032 July 13, 2021 SCHEDULE 2 Page 265 of 445 5 PBD-2021-032 July 13, 2021 SCHEDULE 3 Page 266 of 445 6 PBD-2021-032 July 13, 2021 APPENDIX “A” Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Condominium (Standard) prepared by J.D. Barnes Limited, dated January 19, 2018, showing 45 unit townhouses as well as common element areas for private road, visitor parking and amenity area (parkette). 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. 3. The developer submits a Solicitor’s Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer submits to the City all necessary drawings and information to confirm zoning and confirm substantial completion and certification of site works in accordance with the site plan agreement. 5. That garbage and recycling collection is done within Block 95, arranged through the Niagara Region, or alternatively by a private collector. 6. The owner shall complete to the satisfaction of the Director of Engineering of the City of Niagara Falls and Canada Post: a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box. ii) that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b) The owner further agrees to: i) work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes iii) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. iv) determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. Page 267 of 445 7 PBD-2021-032 July 13, 2021 c) Canada Post’s multi-unit policy, which requires that the owner/developer provide the centralized mail facility (front loading lockbox assembly or rear loading mailroom [mandatory for 100 units or more]), at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space. 7. a) The applicant shall contact Enbridge Gas Distribution’s Customer Connections department by emailing SalesArea80@enbridqe.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. b) If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. c) Easement(s) are required to service this development and any future adjacent developments. The applicant will provide all easement(s) to Enbridge Gas Distribution at no cost. d) In the event a pressure reducing regulator station is required, the applicant is to provide a 3 metre by 3 metre exclusive use location that cannot project into the municipal road allowance. The final size and location of the regulator station will be confirmed by Enbridge Gas Distribution’s Customer Connections department. For more details contact SalesArea80@enbridqe.com. 8. a) That the Condominium Agreement between the owner and the City include the following clauses: “The condominium corporation agrees to implement and maintain the mitigation measures outlined on the approved Tree Savings Plan, prepared by Savanta Inc. (dated March 17, 2007).” b) That in order to accommodate Regional Waste Collection service, waste collection the plan shall be revised to include waste collection pads for Units 14-19, as illustrated on the approved Site Plan. The waste collection pads shall be designed and located in accordance with the requirements outlined in Niagara Region’s Corporate Policy for Waste Collection. Location of pads will need to be reviewed by Regional Waste collection staff prior to clearance of this condition and construction. c) That the owner ensures that all streets and development blocks can provide access in accordance with Niagara Region’s Corporate Policy for Waste Collection and by- laws relating to the curbside collection of waste. d) That the owner enters into an Indemnity Agreement with the Region prior to the start of collection. If the Indemnity Agreement has not been entered into at the time clearance of this condition is requested, a similar clause shall be included in the Condominium Agreement between the owner and the City. Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. Page 268 of 445 8 PBD-2021-032 July 13, 2021 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clause pertaining to this condition has been included. A copy of the executed agreement shall also be provided prior to registration. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied:  City’s Transportation Services for Condition 5  Canada Post for Condition 6  Enbridge Gas Distribution Inc. for Condition 7  Region of Niagara Condition 8 Page 269 of 445 PBD-2021-34 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-34 PLC-2021-001, Request for Removal of Part Lot Control Blocks 3 & 9, Registered Plan 59M-474 6713-6723 Cropp Street and 4877-4897 Pettit Street Applicant: Winzen Niagara Homes Limited RECOMMENDATION That Council approve the request and pass the by-law included in today’s agenda to exempt Blocks 3 & 9, Registered Plan 59M-474 from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Winzen Niagara Homes Limited has requested Council to pass a by-law to exempt Part Lot Control for Blocks 3 & 9, on Registered Plan 59M-474 to allow the transfer of ownership of the on-street townhouse dwelling units that are under construction. The request can be supported based on the following:  The zoning permits on-street townhouse dwellings and the proposed parcel sizes; and,  The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND Winzen Niagara Homes Limited has submitted a request to have Part Lot Control lifted from Blocks 3 and 9 on Registered Plan 59M-474, located at 6713 - 6723 Cropp Street and 4877 – 4897 Pettit Street as illustrated on Schedule 1. The lifting of Part Lot Control is a planning tool that permits the creation of parcels in blocks within registered plans of subdivision. In this case, the lifting of Part Lot Control is requested to allow the creation of 5 parts for 4 on-street townhouse dwelling units (Block 3) as shown on Schedule 2 and the creation of 8 parts for 6 on-street townhouse dwelling units (Block 9) as shown on Schedule 3. Additional parts are for existing easements for stormwater management purposes. ANALYSIS/RATIONALE The subject lands are located on Cropp Street within the Winzen Plan of Subdivision (59M-474) which was registered on November 15, 2019. The subdivision contains blocks of land for on-street townhouse dwellings and apartment buildings. Block 3 & 9 are zoned Residential Mixed (R3-989) by Zoning By-law No. 79-200, as amended by By-law No. 2013-126. The proposed parcels comply with the minimum lot area and minimum lot frontage requirements of the site specific R3-989 zone. Page 270 of 445 2 PBD-2021-34 July 13, 2021 Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever and prevent the individual townhouse units from being created. Municipalities have the ability to lift or exempt Part Lot Control from blocks within a Plan of Subdivision to allow lot lines to be reconfigured or parts of a block to be conveyed without the need for a consent application. As all matters necessary for the development of the lands have been addressed through the subdivision process, a Part Lot Control By-law can be considered for the division of the subject lands. Approval of a Part Lot Control by-law is requested so that Block 3 can be divided into 5 parts to create 4 parts for on-street townhouse dwelling units and one part for an easement and Block 9 divided into 8 parts for 6 on-street townhouse dwelling units with 2 parts for easements. The exemption is to apply for two years to allow for flexibility in scheduling real estate closing dates and should be sufficient time to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there are no financial implications. CITY’S STRATEGIC COMMITMENT Council’s priority is to use infill opportunities for multi-unit development to diversify the range of housing available in existing neighbourhoods. The application is consistent with this priority. LIST OF ATTACHMENTS  Schedule 1 – Location Maps  Schedule 2 – Reference Plan 59R-16988 (Block3)  Schedule 3 – Reference Plan 59R-16980 (Block 9) Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer P. Boyle Attach. S:\PDR\2021\PBD-2021-34, PLC-2021-001, Winzen Niagara Homes.docx Page 271 of 445 3 PBD-2021-34 July 13, 2021 SCHEDULE 1 (Location Maps) Page 272 of 445 4 PBD-2021-34 July 13, 2021 SCHEDULE 3 (Block 3 ) Page 273 of 445 5 PBD-2021-34 July 13, 2021 SCHEDULE 4 (Block 9) Page 274 of 445 PBD-2021-38 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-38 Matters Arising from Municipal Heritage Committee 2021 Designated Property Grant Former Lyon’s Creek United Church, 7906 Schisler Rd Roof replacement RECOMMENDATION That Council approve the proposed alteration and a grant in the amount of $5,000 to assist with the cost of the restoration of the metal roof, as it will contribute to the continued preservation of the former church. BACKGROUND Former Lyon’s Creek United Church, 7906 Schisler Road c. 1861 The owner has submitted an application to assist with the cost of replacing the metal roof. The roof is listed as a heritage attribute of the property. A Methodist meeting house was built on the site in 1806, in an area known then as “White Pigeon”. The site served as a soldier’s barracks during the War of 1812 -1814 and had even played a small role in the Battle of Cook’s Mills in October 1814. After nearly sixty years of use, the meeting house was replaced with the current church building in 1861. Like most other Methodist churches in Canada at the time, Lyon’s Creek became pa rt of the United Church of Canada in 1925. The church is no longer used as a religious building, but was sold in 2009 has since been converted for use as a residential building. The Lyon’s Creek church is one storey with a symmetrical three bay façade. Th e exterior is composed of red brick laid in stretcher bond with a rubble stone foundation. Iron reinforcement bars have been installed on the upper walls at the level of the window arches to assist in the stabilizing of the walls. It features a medium pitch metal gabled roof, with plain soffit and fascia. It is rectangular in shape measuring 9.14m x 12.80m (30' x 42') with an addition on the east façade. The additional structure was erected in 1957 to accommodate a Sunday School room. In the front gable end is a large square date stone (1861). The former church was designated in by By-law 86-241 and updated in 2014 by By-law 2014-151. Page 275 of 445 2 PBD-2021-38 July 13, 2021 The roof subject of this grant application, is a medium pitched gable roof with plain soffit and fascia. The restoration work includes removal of the existing metal roof and replacement and repair of deteriorated elements including the existing lightening rods. This would be considered an eligible expense as the record of the roof installation is documented in the Church’s historical information. The Municipal Heritage Committee met on June 23, 2021 and after discussion made the following motion: “That the Committee supports the application for a grant for the replacement of the existing metal roof as it will contribute to the continued preservation of the former church and will not alter the reasons for designation of the property.” The Committee did suggest that it would be more appropriate that an ice and water shield underlayment not be used as it would not have been present when the original roofing was installed. The Committee also noted the colour should be closer to the unpainted galvanized roofing that would have been installed in 1941 as opposed to the brown colour suggested by the owners. ANALYSIS/RATIONALE The Grant Guidelines consider eligible exterior projects to include the conservation or accurate reproduction or restoration of significant architectural features such as roofing material. There were two quotations submitted with the application as follows: 1. Dykstra Roofing quotation is $17,684.00 ($15,650 + HST). The eligible grant amount based on 50% cost sharing would be $8,842.00 (maximum of $5,000.00). 2. Niagara Metal Roofing quotation is $15,594 (13,800 + HST). Eligible grant amount based on 50% cost sharing would be $7,797 (maximum of $5,000) LIST OF ATTACHMENTS  Schedule 1 – Former Lyon’s Creek United Church in 1970’s  Schedule 2 – Former Lyon’s Creek United Church 2021 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer P.Boyle:cv Attach. S:\HISTORY\INV\Schisler7906.dp\DesPropGrant2021\PBD-2021-XX, Matters Arising from MHC, 2021DPG.docx Page 276 of 445 3 PBD-2021-38 July 13, 2021 SCHEDULE 1 Page 277 of 445 4 PBD-2021-38 July 13, 2021 SCHEDULE 2 Page 278 of 445 PBD-2021-39 July 13, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Building and Municipal Enforcement Services SUBJECT: PBD-2021-39 Residential Front Yard Vegetable Gardens RECOMMENDATION That Council receive report PBD-2021-39 as information. EXECUTIVE SUMMARY At the Council Meeting on June 22, 2021 Council requested information at that time of the legal requirement(s) for a vegetable gardens on the front yard of a residential property. BACKGROUND Staff have undertaken a review of the City’s various by-laws and the City’s Comprehensive Zoning by-law 79-200 for the allowance of a vegetable garden located at the front yard of a property. The City’s Property Standards and Maintaining of Lands by-law are silent on the allowance of vegetable gardens on the front yard of a property. The City’s Zoning Administrator was consulted and provided the provisions of the City’s Comprehensive Zoning by-law 79-200 that defines a front yard. A front yard is defined as a yard extending the full width of a lot line between the front lot line of such lot and the nearest part of the main building or structure of a lot. It is defined as a space, appurtenant to a building or structure located on the same lot as such building or structure, and which is open, uncovered and unoccupied from the ground to the sky subject to a specific exceptions contained in the by-law. The by-law requires on parking space for a detached dwelling, not exceeding 60% of the lot frontage, but in no case more than 9 metres. The standard minimum landscaped open space requirement in the R1, R2, and R3 residential zones is 30% of the lot area. Landscaped open space is defined as an open area which is use d for the growth and maintenance of grass, flowers, shrubbery and other landscaping and includes any surfaced walk, patio, swimming pool or similar area, but does not include any surface parking area, bus parking area, bus parking area, roof top area or an y open space beneath or within any building or structure. Page 279 of 445 2 PBD-2021-39 July 13, 2021 The definition of landscaping would include gardens. Vegetable gardens would be permitted however, they must remain open and not enclosed by any structure. ANALYSIS/RATIONALE Currently, the City does not have any by-law provisions that would prohibit vegetable gardens or the growing of vegetable gardens in the front yard of a residentially zoned R1, R2, or R3 property. The City has not received any identified complaints respecting these concerns. FINACIAL IMPLICATIONS Municipal Enforcement staff are currently responsible for the enforcement of various by- laws including the zoning by-law. Cost recovery for any investigations and enforcement of the zoning by-law would be through the collection of fines and not applicable through the municipal tax levy. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Erik Nickel, Acting Chief Administrative Officer GS/SV:cv S:\PDR\2021\PBD-2021-39, Residential Front Yard Vegetable Gardens.docx Page 280 of 445 Report To: Board of Directors Subject: Conservation Authorities Act Phase 1 Regulations Guide - NPCA Comments Report No: FA-41-21 (Revised) Date: June 18, 2021 ______________________________________________________________________ Recommendation: 1.THAT the Report No. FA-41-21 (Revised) RE: Conservation Authorities Act Phase 1 Regulations Guide with appended NPCA comments BE RECEIVED. 2.THAT the transition actions, as listed in the report, BE REFERRED to the Governance Committee for consideration of next steps including discussions with municipal partners. 3.AND FURTHER THAT the report BE CIRCULATED to municipalities within the NPCA’s jurisdiction. Purpose: The purpose of this report is to update the Board on Niagara Peninsula Conservation Authority (NPCA) comments provided to the Province via Environmental Registry of Ontario. The report also provides a high-level overview of actions resulting from the proposed regulations. Background: The Ministry of Environment Conservation and Parks (MECP) has posted a consultation guide to the Environmental Registry on Thursday, May 13, 2021 “Ministry of the Environment, Conservation and Parks Regulatory Proposal Consultation Guide: Regulations Defining Core Mandate and Improving Governance, Oversight and Accountability of Conservation Authorities”. Phase 1 Regulations deal with Program and Services, Governance and Oversight as well Section 29 matters related to Conservation Authority (CA) lands. Section 28 regulations related to CA planning and permitting roles will be released in the coming months, and Phase 2 Regulations regarding the Municipal Levy will be released later in 2021. Earlier this year, the Province established a working group of stakeholders to provide guidance in developing the proposed regulations. CA representatives on the working group have worked diligently to ensure that the regulations being developed by the Province can be efficiently implemented by the conservation authorities and stay true to the mandate of CA’s to protect Ontario’s watersheds. Page 281 of 445 Discussion: Staff attended information sessions scheduled by MECP and participated in discussion s with Conservation Ontario. Conservation Ontario is also working with conservation authorities to prepare a direct submission to the government. NPCA staff comments are being submitted directly to the ERO with copy to municipal staff and attached as Appendix 1. A high-level summary of required transition actions is provided below and will be integrated with the Governance Committee Work Plan. The transition period for completion of these actions has been extended to January 1, 2023. It should be noted that these actions are in addition to the governance related changes resulting from proclamation of governance provisions in February of 2021. Additionally, more actions are anticipated through Section 28 regulations and levy regulations. a)Create an inventory of all programs and services by December 31, 2021. b)Develop a Transition Plan to be submitted to the Province by the December 31, 2021. c)Develop a core Watershed-Based Resource Management Strategy. d)Develop a Strategy for all conservation authority owned or controlled lands and Land Management Plans for each property. (The NPCA is already in the process of launching this process in 2021.). e)Develop a Land Acquisition Strategy (LAS). (The NPCA LAS is near completion.) f)Enter into agreements for municipal funding of non-mandatory programs and services that require municipal levy by January 1, 2023. g)Oversee the formation and operation of a Public Advisory Board. (The NPCA already has a Public Advisory Committee. The Terms of Reference will need to be updated.) Financial Implications: The proposed CA Act changes continue to create an extensive amount of workload and need for resources to ensure timely conformity of actions. Staff are currently working on a pan to address this need. Related Reports and Appendices Appendix 1 - Letter to MECP Regarding Environmental Registry of Ontario Posting 019-2986 - Conservation Authorities Act Phase 1 Regulation Guide Authored by: Original Signed by: David Deluce, MCIP, RPP Senior Manager, Planning & Regulations Page 282 of 445 Reviewed and Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 283 of 445 1 June 15, 2021 Honourable Jeff Yurek Minister of the Environment, Conservation and Parks College Park, 5th Floor 777 Bay Street Toronto, ON M7A 2J3 RE: Response to Environmental Registry of Ontario Posting 019-2986 – Conservation Authorities Act Phase 1 Regulations Guide Dear Minister Yurek, Thank you for the opportunity to provide input to the Ministry of the Environment, Conservation and Parks (MECP) Regulatory Proposal Consultation Guide on Phase 1 Regulations. The Niagara Peninsula Conservation Authority (NPCA) would like to thank the Ministry for involving Conservation Ontario and conservation authority (CA) representatives on the Provincial Working Group of stakeholders to provide guidance in developing the proposed regulations. The NPCA appreciates the recognition of the critical role of CA’s in addressing integrated watershed management and climate change through the provision of ‘Core Watershed-based Resource Management Strategy (CWRMS)’ This reconfirms the role CA’s play in protecting Ontario’s watersheds, provides a longer-term perspective, and offers a consistent eco-system based framework for categorizing the mandatory and non-mandatory programs and services for consultation with municipalities. The NPCA will continue to work with the Province through Conservation Ontario and the Provincial Working Group to ensure that the regulations being developed can be effectively implemented and contribute to our mandate to protect Ontario’s watersheds. The NPCA has reviewed the ERO posting and offers the following specific comments: PART ONE: PROGRAMS AND SERVICES DELIVERED BY CONSERVATION AUTHORITIES Transition Timelines: The NPCA appreciates the provision of the proposed overall transition period to January 1, 2023 by which all agreements for the use of municipal levy must be in place. The proposed deadline would bring the new proposed financial structure for CA’s into practice for the authority and municipal fiscal year of 2023. It is also required that CA’s must develop a transition plan by December 31st including an overall work plan and timeline to develop and enter into agreements with municipalities; an inventory of the authority’s programs and services; and any other matters as prescribed in regulation. The proposed timeframes for the transition period should enable time for the transition plans to be developed in consultation with municipalities and coordinated with the new municipal levy regulation proposed for Phase 2. The challenging timelines can only be met if the actual regulations (both Phase 1 and Phase 2) are enacted expeditiously. Appendix 1 to Report No. FA-41-2021 Page 284 of 445 2 Funding for Mandatory Programs: The mandatory programs that a conservation authority is to provide includes natural hazards, source water protection, managing conservation authority owned properties, and other services specific to certain conservation authorities. The government is also proposing additional services prescribed by regulation, including a core watershed resource management strategy (CWRMS) and Provincial Water Quality and Quantity Monitoring. The NPCA is encouraged to see the inclusion of these additional services, particularly the CWRMS. We will work with Conservation Ontario on a consistent approach to the CWRMS across Ontario watersheds. Natural Hazard Programs: Given the limited resources and other critical priorities of our municipal partners, we request the province to consider their continued funding support of critical mandated programs. Additionally, supporting private landowners with restoration and stewardship services is crucial for the overall watershed health and natural hazard management. A majority of land within the Niagara watershed is under private ownership and stewardship must be supported to address future challenges such as climate change. The recent 50% cut to MNRF funding for the natural hazards program makes ongoing effective implementation challenging. Provincial Water Quality and Water Quantity Program: Both the Provincial Water Quality (PWQMN) and Water Quantity (PGMN) Monitoring Programs are examples of successful cost sharing programs between MECP and conservation authorities. These longstanding programs provide important trend data in support of effective water management. However, the existing Provincial Water Quality and Quantity Monitoring Programs coverage is incomplete and conservation authorities have expanded these networks to provide better coverage (more monitoring outside of the Provincial Networks) for their respective monitoring networks. We ask that the province consider these expanded water quality monitoring programs eligible for inclusion into the mandatory program. Drinking Water Source Protection Program: The NPCA requests that funding support for mandatory programs and services for conservation authorities related to Source Protection Authority responsibilities under the Clean Water Act remain intact. It is our understanding that MECP will continue to provide funding if conservation authorities are required to exercise and perform the powers and duties of a drinking water source protection authority; and implement programs and services related to those responsibilities. Inclusion of Passive Recreation and Nature Awareness/Education: Included in the mandatory services is the management and maintenance of conservation authority owned lands. However, this does not include the significant aspect of passive recreation, awareness and education critical to community well-being, an important service conservation authority lands offer to the residents of Niagara. Most NPCA properties have some component of passive recreation and nature education components. In many cases, trails are integrated into the property such that it would be problematic to separate the mandatory/non-mandatory components for budgeting purposes. This has the potential to create additional operational costs in tracking the separate funding streams and performing maintenance. Asset Management and State of Good Repair: NPCA lands and their associated infrastructure (walking trails, safety features, washrooms, signage, etc.) provide important amenities for residents of our watersheds and beyond. Excluding the repair and maintenance of these assets may result in losing facilities or infrastructure due to an inability to maintain them and would be a significant loss for users as well as a health and safety risk. As such, we ask that the proposed provision of the management plan and resource inventory in the Consultation Guide also involve the preparation of an asset management plan to assess asset conditions, current and proposed Page 285 of 445 3 levels of service, asset management strategy, and a financing strategy to support the lifecycle management of assets. The NPCA is pleased to share that our conservation authority is quite advanced in this area. An asset management program has already been deployed with appropriate technology. We will be working with Conservation Ontario to facilitate transfer of this approach to our sister conservation authorities. Memorandums of Understanding: Non-mandatory programs and services will require conservation authorities to enter into a memorandum of understanding (MOU) with funding partners. At present, CA’s also have MOU’s and Service Level Agreements (SLA’s) with lower tier municipalities on Planning Act matters and other fee-for-service programs offered to lower tier municipal partners. Clarity on these MOU timing/transition requirements needs to be understood to complete the required transition plans. PART TWO: GOVERNANCE AND OVERSIGHT OF CONSERVATION AUTHORITIES Public Advisory Committee: The NPCA continues to consult and engage community stakeholders in all aspects of our work. The NPCA and several others CA’s already have well-established watershed committees or public advisory committees with Board approved Terms of Reference included formally within the Administrative By-Laws of the respective authorities. In this regard, the NPCA would like to request that the Province address the resource needs related to governance and administration of public advisory committees. To be able to effectively deliver on a sound public engagement strategy through the public advisory committee, CA’s need a minimum of two experienced full-time equivalents along with other technical experts and program costs. For transparent and adequate administration, CA’s need to establish a secretariat for administration, record keeping, and management of projects. We request that these costs be identified as eligible under minimum levy. PART THREE: OTHER REGULATORY MATTERS - Section 29 Minister’s Regulation The NPCA supports the consolidation of the various individual CA regulations under Section 29 of the Act regarding public use of an authority’s property. However, we believe that our Section 29 regulation can benefit from a comprehensive update. It is proposed that the Section 29 regulation be redesigned to better align with by-laws made under the Municipal Act related to the use of municipal property including parks, and the Provincial Parks and Conservation Reserves Act, 2006 and its associated regulations, including O. Reg. 347/07: Provincial Parks: General Provisions. We appreciate the opportunity to comment on this proposal and hope these comments are helpful. Any questions regarding this matter may be directed to the NPCA’s Senior Manager of Planning and Regulations, David Deluce at 905-788-3135, ext. 224 or ddeluce@npca.ca. Page 286 of 445 4 Sincerely, Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Niagara Peninsula Conservation Authority cc: Local Area CAO’s Conservation Ontario Page 287 of 445 250 Thorold Road, 3rd Floor, Welland ON L3C 3W2 Tel: 905-788-3135 Fax: 905-788-1121 www.npca.ca June 18, 2021 Bill Matson City Clerk City of Niagara Falls 4310 Queens Street Niagara Falls, ON L2E 6X5 SENT ELECTRONICALLY Dear Mr. Matson, Please be advised that the Board of Directors of the Niagara Peninsula Conservation Authority (NPCA) adopted the following resolution at its meeting of June 18, 2021: Moved by Ed Smith Seconded by William Steele 1.THAT the Report No. FA-41-21 (Revised) RE: Conservation Authorities Act Phase 1 Regulations Guide with appended NPCA comments BE RECEIVED. 2.THAT the transition actions, as listed in the report, BE REFERRED to the Governance Committee for consideration of next steps including discussions with municipal partners. 3.AND FURTHER THAT the report BE CIRCULATED to municipalities within the NPCA’s jurisdiction. Accordingly, for your reference, please find the subject Report No. FA-41-21 attached hereto. Should you have any questions or concerns in respect of this matter, feel free to contact Chandra Sharma, NPCA CAO, at (905) 788-3135 or at csharma@npca.ca. Sincerely, Grant Bivol Grant Bivol NPCA Clerk / Board Secretariat att. Page 288 of 445 31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0 PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca June 23, 2021 SENT ELECTRONICALLY RE: Resolution – Action on Invasive Phragmites Please be advised that at its meeting held on June 22, 2021, the Council of the Corporation of the Township of Wainfleet passed the following resolution: WHEREAS Phragmites australis (Phragmites) is an invasive perennial grass that continues to cause severe damage to wetlands and beaches in areas around the Great Lakes; and WHEREAS Phragmites grows and spreads rapidly, allowing the plant to invade new areas and grow into large monoculture stands in a short amount of time, and is an allelopathic plant that secretes toxins from its roots into the soil which impede the growth of neighboring plant species; and WHEREAS Phragmites results in loss of biodiversity and species richness, loss of habitat, changes in hydrology due to its high metabolic rate, changes in nutrient cycling as it is slow to decompose, an increased fire hazard due to the combustibility of its dead stalks, and can have an adverse impact on agricultur e, particularly in drainage ditches; and WHEREAS invasive Phragmites has been identified as Canada’s worst invasive plant species by Agriculture and Agrifood Canada; and WHEREAS the Ontario government has made it illegal to import, deposit, release, breed/grow, buy, sell, lease or trade invasive Phragmites under the Invasive Species Act; and WHEREAS roads and highways where Phragmites that are left untreated become spread vectors that continually risk new and treated wetlands and coastal shoreline areas; and WHEREAS according to “Smart Practices for the Control of Invasive Phragmites along Ontario’s Roads” by the Ontario Phragmites Working Group, best road management practices for Phragmites australis include early detection, herbicide application and cutting; and WHEREAS these best management practices are most effective when used in a multi-pronged approach as opposed to when used as stand-alone control measures; and Township of Wainfleet “Wainfleet - find your country side!” Page 289 of 445 2021 06 22 Page 2 31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0 PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca WHEREAS mother nature does not recognize political boundaries, and therefore it is imperative that Municipalities, Regions, the Province, and the Federal government work together in collaboration to eradicate Canada’s worst invasive plant species: Phragmites australis; NOW THEREFORE BE IT RESOLVED that the Council for the Corporation of the Township of Wainfleet directs its staff to implement best management practices to promote early detection of invasive Phragmites, and to implement best management practices for invasive Phragmites, and to collaborate on the eradication of Phragmites in Ontario; and THAT the Council for the Corporation of the Township of Wainfleet directs staff to insert clean equipment protocols into tenders and that there is oversight that the protocols are followed; and THAT the Council for the Corporation of the Township of Wainfleet requests the Ontario Ministry of Transportation to map and treat invasive Phragmites annually on all its highways; and THAT the Ontario Ministry of Transportation (MTO) and the Niagara Region communicate strategies on mapping (detecting sites) and controlling invasive Phragmites on their respective highways, the specific highway management plans and results by each MTO region and each highway in Niagara Region and work in coordination with the Township of Wainfleet; and THAT the Council for the Corporation of the Township of Wainfleet directs its staff to send this resolution to all municipalities in the Great Lakes watershed, to the Minister of Transportation, Christopher Balasa the Manager, Maintenance Management Office, and MPP Sam Oosterhoff; and THAT the Council for the Corporation of the Township of Wainfleet requests all levels of government to consider funding support to aid the Township of Wainfleet in managing invasive Phragmites and directs staff to send a copy of this resolution to the Ontario Minister of Environment, Conservation and Parks and the Minister of Environment and Climate Change Canada. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact the undersigned. Regards, Meredith Ciuffetelli Deputy Clerk Page 290 of 445 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 June 25, 2021 CL 13-2021, June 24, 2021 PEDC 6-2021, June 16, 2021 PDS 23-2021, June 16, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY 2020 End of Year Growth Report and 5 Year Growth Trend PDS 23-2021 Regional Council, at its meeting held on June 24, 2021, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 23-2021, dated June 16, 2021, respecting 2020 End of Year Growth Report and 5 Year Growth Trend, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce and School Boards. A copy of PDS 23-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-093 Distribution List : Local Area Municipalities Niagara Peninsula Conservation Authority Niagara Home Builders Association Niagara Industrial Association M. Balsom, President/CEO, Greater Niagara Chamber of Commerce D. Fabiano, Executive Director, Niagara Falls Chamber of Commerce, Port Colborne/Wainfleet Chamber of Commerce, Welland/Pelham Chamber of Commerce Page 291 of 445 2020 End of Year Growth Report and 5 Year Growth Trend June 25, 2021 Page 2 J. Thomson, Niagara-on-the-Lake Chamber of Commerce, Greater Fort Erie Chamber of Commerce G. Willis, President, Grimsby Chamber of Commerce D. Potter, Executive Director, West Lincoln Chamber of Commerce J. D’Amico, Chair, Niagara Board of Trade and Commerce S. Mabee, Niagara District School Board M. Ladouceur, Conseil scolaire Viamonde S. Whitwell, Niagara Catholic District School Board A. Aazouz, Conseil Scolaire de District Catholique Centre-Sud G. Bowie, Planner, Planning and Development Services D. Giles, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 292 of 445 PDS 23-2021 June 16, 2021 Page 1 Subject: 2020 End of Year Growth Report and 5 Year Growth Trend Report to: Planning and Economic Development Committee Report date: Wednesday, June 16, 2021 Recommendations 1. That Report PDS 23-2021 BE RECEIVED for information; and 2. That a copy of Report PDS 23-2021 BE CIRCULATED to the Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce and School Boards. Key Facts • The purpose of this report is to provide information on growth in Niagara in 2020, as well as a summary of growth and development trends over the past 5 years. • Housing starts, completions and building permits have all increased since 2016 and show a growing diversification of housing types being built. • Niagara Region’s population has increased by over 26,000 people since 2016, reaching an estimated population of 485,313 as of July 1, 2020. • The average sale price of a house in Niagara Region has increased significantly between 2016 and 2020, reaching $532,400 in 2020. • During the early stages of the Covid-19 pandemic, population growth slowed, but development and building permits remained consistent. Notwithstanding this slower relative population growth in 2020, housing sale prices grew substantially. • Over $6 Billion in building permits have been issued since 2016, with 2020 reaching nearly $1.5 Billion for the second consecutive year. Financial Considerations There are no direct financial implications associated with this report. Page 293 of 445 PDS 23-2020 June 16, 2021 Page 2 ______________________________________________________________________ Metrics in this report inform Niagara’s financial strategies. Increased residential, commercial and industrial development in Niagara, combined with increasing property assessments, has a direct impact on revenues collected by the Region. Analysis The Planning and Development Services department has been producing the annual growth report since 2016. This report focuses on the past 5 years collectively to provide a comprehensive analysis on growth metrics. The 2020 growth report follows the same approach and methodology as the previous annual reports before it. This is important as it can be used to review impacts associated with the first nine months of the Covid-19 pandemic. As 2021 is a Census year, the 2020 report also provides insights into development trends since the 2016 Census was conducted over 5 years ago. Finally, the Region has experienced significant growth across all areas set out in this report. This information is being presented as a means to update Regional Council on how growth has evolved over the last half decade and feeds directly into numerous Council Strategic Priorities. Population Pace of Population Growth Population growth has increased significantly for Niagara since 2016. On average, the Region’s population has increased by nearly 6,500 people per year since 2016, for a total of approximately 26,000 new residents calling Niagara home. This is nearly double the pace of growth experienced in the previous 5 year period between 2011 and 2016. Figure 1 provides a summary of population growth per year since 2016. Page 294 of 445 PDS 23-2020 June 16, 2021 Page 3 ______________________________________________________________________ Figure 1: Niagara Region Annual Population Estimates Source: Statistics Canada, Table 17-10-0140-01 As illustrated in Figure 1, the pace of population growth dropped slightly to approximately 1.4% in 2019 (compared to 2018) and more significantly to 1.3% in 2020. Since Niagara’s population growth is dependant on migration from other municipalities (intraprovincial migration) and temporary international migration (net non-permanent migration), any disruption to Ontario’s broader immigration trends, availability of in- person post-secondary education options in Niagara and work availability for migrant or seasonal workers will have a direct impact on population totals. Even with the decrease in growth rate between 2019 and 2020, population growth in Niagara remains strong relative to historic averages. Only in the last 5 years has Niagara Region started to match the pace contemplated in the Provincial population forecasts provided in A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020. This is noteworthy as the Region must plan to achieve the minimum forecasts set out in the Growth Plan and base decisions on infrastructure and development charges on the same forecasts. 1.2 1.3 1.4 1.5 1.6 1.7 1.8 440,000 450,000 460,000 470,000 480,000 490,000 2016 2017 2018 2019 2020 Growth Rate (%)PopulationYear Niagara Region Annual Population Estimates Page 295 of 445 PDS 23-2020 June 16, 2021 Page 4 ______________________________________________________________________ Components of Population Growth Niagara’s population growth has been driven entirely by international and intraprovincial migration since 2016, as highlighted in Figure 2. Figure 2: Components of Population Change (2016 - 2020) Source: Statistics Canada, Table 17-10-0140-01 Since 2016, over 17,500 people have moved to Niagara from elsewhere in Ontario. Intraprovincial migration is the most significant contributor of population growth in Niagara and non-permanent residents account for an additional increase of 11,100 people. In 2020, with its restrictions as a result of Covid-19, Niagara had a significant decrease in the number of net non-permanent residents coming into Niagara compared to 2016- 2019. As shown below in Figure 3, net non-permanent migration accounted for an increase of just over 380 people in 2020, compared to an average of over 2,600 per year between 2016 and 2019. This, coupled with a higher proportion of deaths than births and increase in interprovincial migration, contributed to the relatively lower growth rate in 2020. Importantly, the 2020 growth rate of 1.27% is still significantly higher than the pace of growth experienced between 2001 and 2016. -5,000 0 5,000 10,000 15,000 20,000 Natural Increase Net Interprovincial Migration Net Intraprovincial Migration Net Non-Permanent Resident Components of Population Change (2016 -2020) Page 296 of 445 PDS 23-2020 June 16, 2021 Page 5 ______________________________________________________________________ Figure 3: Early Impacts of Covid-19 on Components of Population Change Source: Statistics Canada, Table 17-10-0140-01 It appears Covid-19 has had a direct impact on population trends in Niagara, specifically in the category of net non-permanent resident. Impacts from Covid-19 on international travel and visas, limited tourism operations and introduction of remote learning opportunities for post-secondary education all contribute to the sharp decline in the net non-permanent resident category for 2020. Housing Starts and Completions Housing starts have steadily risen over the last 5 years. In 2016, there were 2,530 starts; in 2020, there were nearly 2,900 starts. Within starts, we can also see a shifting dynamic in housing choice as single-detached housing has made up less than 50% of starts over the past 3 years. -2,000 -1,000 0 1,000 2,000 3,000 4,000 Natural Increase Net interprovincial migration Net intraprovincial migration Net non- permanent residents Early Impacts of Covid-19 on Components of Population Change Average (2016-2019)2020 Estimate Page 297 of 445 PDS 23-2020 June 16, 2021 Page 6 ______________________________________________________________________ A critical factor of meeting population forecasts in the Growth Plan and, importantly, achieving affordable housing targets, is Niagara’s ability to offer a wider range of housing options for residents. Figure 4 provides an overview of housing starts per year by housing type. Figure 4: Niagara Region Housing Starts (2016 - 2020) Source: CMHC, Housing Market Information Portal Housing starts, while consistent with overall trends since 2016, were impacted early in 2020 by Covid-19. Housing starts between March and May were significantly lower than the previous four year average. During this period of time, the Province of Ontario had announced a Provincial State of Emergency (March 17, 2020) and released Bill 189 (Coronavirus (COVID-19) Support and Protection Act, 2020) on April 21, 2020). As shown in Figure 5, housing starts rebounded strongly in June and July and settled into a comparable pattern to the previous four years throughout the second half of 2020. 0 500 1,000 1,500 2,000 2,500 3,000 3,500 2015 2016 2017 2018 2019 2020 Niagara Region Housing Starts (2016 -2020) Single Semi Row Apartment Page 298 of 445 PDS 23-2020 June 16, 2021 Page 7 ______________________________________________________________________ Figure 5: Niagara Region Housing Starts: 2016 to 2019 (avg) vs 2020 Source: CMHC, Housing Market Information Portal Similar to housing starts, housing completions have also increased steadily over the last 5 years, including a significant increase in 2020 compared to 2019. Housing completions have greater variation on a year-to-year basis as higher density forms of development (such as apartments) tend to take longer to complete and can often start years prior to completion. Consistent with housing starts, housing completions have begun to shift towards denser forms of development. The housing mix built since 2016 include 53% single detached, 5% semi-detached, 31% townhouse/row and 11% apartment. As a point of comparison, the 2016 Census identified an existing housing stock in Niagara of 70% single detached, 5% semi-detached, 7% townhouse/row and 17% apartment. An even greater shift towards denser forms of housing will be required in Niagara to achieve growth forecasts, reduce core housing need and improve affordability. Figure 6 provides an overview of housing completions between 2016 and 2020. 0 50 100 150 200 250 300 350 400 450 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Niagara Region Housing Starts -2016 to 2019 (avg) vs 2020 Average (2016-2019)2020 Page 299 of 445 PDS 23-2020 June 16, 2021 Page 8 ______________________________________________________________________ Figure 6: Niagara Region Housing Completions (2016 – 2020) Source: CMHC, Housing Market Information Portal New housing units, issued by building permit, also grew consistently over the previous half decade, reaching nearly 3,400 for the second consecutive year. Similar to housing starts and completions, medium and higher density forms of housing are becoming more prevalent compared to low density. Specifically, apartment units reached nearly 1,400 units in 2020 - the highest annual volume for building permits on record at the Region. Figure 7 provides an overview of building permits (housing units) since 2016. 0 500 1,000 1,500 2,000 2,500 3,000 2016 2017 2018 2019 2020 Niagara Region Housing Completions (2016 -2020) Single Semi Row Apartment Page 300 of 445 PDS 23-2020 June 16, 2021 Page 9 ______________________________________________________________________ Figure 7: Residential Building Permits (2016 - 2020) Source: Niagara Region Planning and Development Services Housing Market The housing market in Niagara has been on the rise since 2015 with significant increases to average sale price in 2016 and 2017. Between 2015 and 2017, the average sale price of a home in Niagara increased nearly 40%. Average sale price has continued to increase in 2018 and 2019 but at a lower rate of 7% and 10% respectfully. The average sale price increased significantly, again, between 2019 and 2020 by 22% reaching an average sale price of $532,400. Overall, the average sale price for a home in Niagara increased 66% from 2016 to 2020.1 Figure 8 provides a breakdown of average sale price by year. 1 Average sale prices are based on information from CREA and the Niagara Realty Association. 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 2016 2017 2018 2019 2020 Regional Residential Building Permits Issued Single Semi Row Apartment Page 301 of 445 PDS 23-2020 June 16, 2021 Page 10 ______________________________________________________________________ Figure 8: Average Household Sale Price (2016 – 2020) Source: Niagara Association of Realtors Building Permit Values Building permit values, just like population and housing development, have increased over the past 5 years, growing from $858 million in 2016 and reaching nearly $1.5 billion in 2019 and 2020, respectively. Similar to housing starts and completions, it appears the Covid-19 pandemic did not have a significant impact on building permit investment in 2020, relative to the previous four years. The increased diversity of permits is particularly notable; non-residential permits grew from 15% in 2015 and 2016 to 30% from 2017 to 2020. The increased ratio of non- residential building permit values is more inline with the Region’s Development Charges Background Study. Figure 9 provides an overview of building permit values from 2016 to 2020. $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2016 2017 2018 2019 2020 Average Household Sale Price: Niagara Region Page 302 of 445 PDS 23-2020 June 16, 2021 Page 11 ______________________________________________________________________ Figure 9: Residential and Non-Residential Building Permit Values (2016 - 2020) Source: Statistics Canada Building Permit Values and Niagara Region Planning and Development Services Conclusion The scope and detail of annual growth reports will be revisited following the adoption of the forthcoming Niagara Official Plan. Future iterations of the report will provide additional metrics related to monitoring the Plan’s implementation and commentary on the achievement of policy objectives and targets. Alternatives Reviewed No alternatives are provided. This report is prepared for information. Relationship to Council Strategic Priorities • Supporting Businesses and Economic Growth $- $200,000,000 $400,000,000 $600,000,000 $800,000,000 $1,000,000,000 $1,200,000,000 $1,400,000,000 $1,600,000,000 2016 2017 2018 2019 2020 Residential and Non-Residential Building Permit Values (2016 -2020) Residential Building Permit Value Non-Residential Building Permit Value Page 303 of 445 PDS 23-2020 June 16, 2021 Page 12 ______________________________________________________________________ o This report discusses trends in population, housing and building permit values over the past 5 years. This information is important for Regional Council to have as they make decisions that impact the Regional economy. • Healthy and Vibrant Community o This report highlights trends in housing sale prices that relate directly to housing affordability in Niagara. • Responsible Growth and Infrastructure Planning o The population increase over the past 5 years will be a critical component in advancing Regional Transit and GO Rail Service. A greater population, as well as increased densities around proposed GO Station areas, will support development and provide greater use of the service. o Tracking and reporting upon residential and economic growth provides direction on maintaining existing infrastructure and assists in asset management. Other Pertinent Reports • PDS 9-2017: Niagara Region Annual Growth Report • PDS 25-2018: Niagara Region End of Year Growth Report 2017 • PDS 21-2019: Niagara Region End of Year Growth Report 2018 • PDS 19-2020: Niagara Region End of Year Growth Report 2019 ________________________________ Prepared by: Greg Bowie Planner Planning and Development Services _______________________________ Recommended by: Doug Giles Acting Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was reviewed by Kirsten McCauley, Acting Manager of Long Range Planning and Isaiah Banach, Acting Director of Community and Long Range Planning. Page 304 of 445 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 June 25, 2021 CL 13-2021, June 24, 2021 PEDC 6-2021, June 16, 2021 PDS 24-2021, June 16, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY Development Applications Monitoring Report – 2020 Year End PDS 24-2021 Regional Council, at its meeting held on June 24, 2021, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 24-2021, dated June 16, 2021, respecting Development Applications Monitoring Report - 2020 Year End, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce and School Boards. A copy of PDS 24-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-094 Distribution List : Local Area Municipalities Niagara Peninsula Conservation Authority Niagara Home Builders Association Niagara Industrial Association M. Balsom, President/CEO, Greater Niagara Chamber of Commerce D. Fabiano, Executive Director, Niagara Falls Chamber of Commerce, Port Colborne/Wainfleet Chamber of Commerce, Welland/Pelham Chamber of Commerce Page 305 of 445 Development Applications Monitoring Report – 2020 Year End June 25, 2021 Page 2 J. Thomson, Niagara-on-the-Lake Chamber of Commerce, Greater Fort Erie Chamber of Commerce G. Willis, President, Grimsby Chamber of Commerce D. Potter, Executive Director, West Lincoln Chamber of Commerce J. D’Amico, Chair, Niagara Board of Trade and Commerce S. Mabee, Niagara District School Board M. Ladouceur, Conseil scolaire Viamonde S. Whitwell, Niagara Catholic District School Board A. Aazouz, Conseil Scolaire de District Catholique Centre-Sud G. Bowie, Planner, Planning and Development Services D. Giles, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 306 of 445 PDS 24-2021 June 16, 2021 Page 1 Subject: Development Applications Monitoring Report - 2020 Year End Report to: Planning and Economic Development Committee Report date: Wednesday, June 16, 2021 Recommendations 1. That Report PDS 24-2021 BE RECEIVED for information; and, 2. That a copy of Report PDS 24-2021 BE CIRCULATED to Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce and School Boards. Key Facts • The purpose of this report is to inform Regional Council of 2020 development application activity in Niagara Region. • Regional Development Planning and Engineering staff reviewed 595 development applications in 2020. • Regional Development Planning and Engineering staff provided comments for 552 pre-consultation meetings in 2020. • The Region received $1,353,810 in review fees for development applications in 2020 (54% increase from 2019 fees). Financial Considerations There are no direct financial implications associated with this report. Analysis Development Applications Regional Development Services staff reviewed 595 development applications in 2020, representing a 5% decrease from 629 applications in 2019. Figure 1 illustrates the number of applications considered by Development Planning and Engineering staff from 2013 to 2020. These development applications are circulated to the Region based on Provincial legislation requirements and the existing Memorandum of Understanding (MOU) between the Region and Local Area Municipalities for planning in Niagara. The decrease appears to be attributed to the first wave of the COVID-19 pandemic and Page 307 of 445 PDS 24-2021 June 16, 2021 Page 2 ______________________________________________________________________ adapting to the online format during the initial lockdown. The first full month after the lockdown (April 2020) there was a drop in applications, followed by a steady recovery in application volumes during subsequent months. Staff expects the volume of development applications to be higher in 2021, as the trends in the fourth quarter of 2020 showed an uptake in applications by 17% compared to the fourth quarter of 2019. A look at Q1 2021 application volumes (202) reinforces this continuing trend as a 36% increase in volumes was experienced in comparison with 2020 (148). In addition, April 2021 volumes (76) was 55% above 2020 levels (49). Additionally, the Planning and Development Services has the ability to waive its review function on certain types of minor development applications in local municipalities. This represents an effort to increase efficiency in the planning review function in Niagara and is a result of changes to the MOU. Figure 2 below provides the breakdown of development applications, by type, reviewed by Regional staff in 2020. Some complex development proposals often require multiple planning approvals. As an example, subdivision and condominium applications may also need amendments to the municipal Official Plan and/or Zoning By-law to facilitate the development. The categories with the most applications considered by Regional Page 308 of 445 PDS 24-2021 June 16, 2021 Page 3 ______________________________________________________________________ staff were Site Plans (97), closely followed by Zoning By-law Amendments (92), and Consent (i.e. severances) and Niagara Escarpment Commission Development Permits (both 63). The distribution of applications circulated to the Region by local municipalities during 2020 is shown on Figure 3. This information indicates relatively high levels of development activity in several communities. The municipalities with the most applications circulated to the Region were Niagara Falls (89), Fort Erie (77), St. Catharines (71), and Welland (62). As stated previously, application volumes were lower in 2020 compared to recent years because of the COVID-19 pandemic, however, the third and fourth quarters of 2020 saw a significant increase in volume. Regional staff were also involved in reviewing several complex development applications in 2020, as highlighted in Appendix 1 of this report. This often requires review that is more extensive and can affect a broad range of issues (i.e. environmental impacts, traffic impacts and urban design considerations, etc.). Page 309 of 445 PDS 24-2021 June 16, 2021 Page 4 ______________________________________________________________________ Pre-consultation Meetings Development Services staff attend regular pre-consultation meeting sessions two days each month in each local municipality. These meetings are to determine complete application submission requirements and assist in the processing of applications. The COVID-19 pandemic required planning staff at the Region and the local municipalities to pivot to an online meeting format starting in April 2020. Developers, property owners, local staff and agencies were able to participate in these virtual pre-consultation meetings. In 2020, Regional staff attended 552 pre-consultation meetings, which is an 11% decrease from the 2019 total (see Figure 4). This is likely a result of a pause in pre- consultations at the beginning of the first wave of the COVID-19 pandemic, while municipalities adopted to the online format. Pre-consultation volumes increased in the third and fourth quarters of 2020 and, generally, the number of pre-consultation meetings is an indicator of future development applications. Accordingly, staff expect development application numbers to increase in 2021. Page 310 of 445 PDS 24-2021 June 16, 2021 Page 5 ______________________________________________________________________ Figure 5 illustrates the number of pre-consultation meetings by municipality in 2020 that involved Regional staff. The municipalities with the highest levels of pre-consultation activity were Fort Erie (115) and Niagara Falls (70), followed by St. Catharines (52), Pelham (51), and Niagara-on-the-Lake (48). Page 311 of 445 PDS 24-2021 June 16, 2021 Page 6 ______________________________________________________________________ Regional Review Fees Regional review fees are intended to offset Regional costs for the development review service. Figure 6 summarizes the fees collected between 2013 and 2020 for the Regional review of development applications. The 2020 total of $1,353,810 represents an increase of 54% from 2019. This relates to an increase in the number of complex applications received (i.e. Regional Official Plan Amendments, Official Plan Amendments and Draft Plans of Subdivision/Condominium), which generally have higher review fees. As we expect the total volume and complexity of development applications to increase from 2020 to 2021, development review fees are also expected to increase. The Region received a Regional Official Plan Amendment (ROPA) application in March 2021 for an expansion to the Port Colborne Quarry and anticipate potentially receiving two additional ROPA applications in 2021 for a proposed new quarry and an expansion of an existing quarry. These applications are the most complex “development” applications, which are very time intensive to process with many technical studies that often require peer reviews to assist staff in areas in which the department does not have in-house expertise. The application fees approved by Regional Council reflect the Page 312 of 445 PDS 24-2021 June 16, 2021 Page 7 ______________________________________________________________________ complexity and staff resources involved in reviewing quarry applications. As a best practice the Region, with participation of the affected local area municipality and the Niagara Peninsula Conservation Authority, has implemented a Joint Agency Review Team (JART) to share resources including a single peer reviewer for each technical study in order to maximize efficiencies. 2021 Outlook As outlined earlier in this report, Staff anticipate an increase in application volumes in 2021 based on the first quarter metrics. Regional Development Services staff reviewed 202 development applications in Q1 of 2021, which is an increase of 36% compared to 148 applications in Q1 of 2020. Figure 7 illustrates the number of applications considered by Development Planning and Engineering staff in Q1 of 2019, 2020 and 2021. This increase is likely attributed to applications that were paused during the first and second wave of the pandemic, ongoing public health requirements/restrictions on the construction industry that allows for additional time to plan for development, and historically low interest rates. Page 313 of 445 PDS 24-2021 June 16, 2021 Page 8 ______________________________________________________________________ As previously indicated, Staff expects the volume of development applications to continue to be high throughout 2021. The trends in pre-consultation volumes for the first quarter of 2021 show an increase in pre-consultation meetings by 60% compared to the Q1 of 2020 and 45% compared to Q1 of 2019. This is illustrated in Figure 8. 202 148 171 0 50 100 150 200 250 Q1-2021 Q1-2020 Q1-2019Volume of Applications ReceivedFigure 7-Overall Q1 Volumes (2019-2021) Overall Volumes 218 136 150 0 50 100 150 200 250 Q1-2021 Q1-2020 Q1-2019Volume of Applications ReceivedFigure 8-Pre-consultation Q1 Volumes (2019-2021) Pre- consultations Page 314 of 445 PDS 24-2021 June 16, 2021 Page 9 ______________________________________________________________________ The increased level of development in recent years represents a “new normal” for the Region. Regional Development Planning has adjusted its approach and practices to be solution oriented and proactive. By providing ongoing support to our local Municipalities, the Region strives to realize complete community planning outcomes that encourage the best possible development throughout the Region. Urban Design’s contribution to Development Applications In addition to assisting in the review of development applications, the Urban Design and Landscape Architecture team also undertook several programs in 2020 that support the goals of achieving well designed built environments. These programs celebrated design excellence, provided synergies to development applications and improved development outcomes. The urban design team also assists local planning teams by providing urban design peer review to significant developments within those communities. To support local planning and urban design goals staff prepare design alternatives and contribute to the discussions with developers in support of local planning partners. In particular, the urban design team has collaborated in design charrettes to improve the design outcomes of development applications. The Urban Design review function within Development Planning is a key component to elevate the quality of development in Niagara and achieve industry leading results, reflecting positively on the Niagara brand. Alternatives Reviewed None. Relationship to Council Strategic Priorities This report provides information on development application activity that contributes to strong economic prosperity throughout the communities within the Niagara Region. This relates to Council’s Strategic Priority of Supporting Business and Economic Growth, as well as Sustainable and Engaging Government through ensuring high quality, efficient and coordinated core services. Other Pertinent Reports • PDS 4-2020: Development Applications Monitoring Report - 2019 Year End Page 315 of 445 PDS 24-2021 June 16, 2021 Page 10 ______________________________________________________________________ ________________________________ Prepared by: Britney Fricke, MCIP, RPP Senior Development Planner Planning and Development Services _______________________________ Recommended by: Doug Giles Acting Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Pat Busnello, MCIP, RPP, Manager, Development Planning and Diana Morreale, MCIP, RPP, Director, Development Approvals. Page 316 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Appendix 1: Current Major Development Applications Planning and Development Services Staff participated in the review of a number of major development applications in 2020. A summary of some of these major development applications are provided in the table below. Glossary of Acronyms: “LOPA” means Local Official Plan Amendment. “LPAT” means Local Planning Appeal Tribunal. “PEDC” means the Region’s Planning and Economic Development Committee. “RFP” means Request for Proposal. “ROPA” means Regional Official Plan Amendment. “SPA” means Site Plan Approval. “ZBA” means Zoning By-law Amendment. Municipality Application Developer Details Status Fort Erie 7 Central Avenue Type: SPA. Compass Land Developments Ltd. Application is for a 12-storey mixed use building with 217 residential units and 657m² commercial space. • • LOPA and ZBA approved. Site plan is in progress. Grimsby Fifth Wheel redevelopment Type: LOPA, ZBA, Draft Plan of Subdivision. and Losani Homes. Application is for 6 mixed use buildings with a total of 1,240 residential units and 46,000 ft2 of employment space; 36 townhouse units; 19,500 ft2 of commercial space; and 2.25 hectares of parkland and open space. • • Applications were approved by the Town on December 7, 2020. No appeals received - decision final. Grimsby West Lincoln Memorial Hospital Hamilton Health Sciences. Application relates to the comprehensive redevelopment of the existing hospital. • Regional comments were provided for Phase 1 of Site Plan. Page 317 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status Type: SPA. Grimsby 141-149 Main Street Losani Homes. Application relates to the • Regional comments East redevelopment of the Cole’s were provided for the property for a 6-7 storey mixed initial application Type: LOPA and ZBA. use building, including commercial submission (February space on the ground floor and 215 2021). residential dwelling units with a total of 254 parking spaces (225 underground spaces and 29 surface spaces). Grimsby Century Condos DeSantis Homes. Application is for a 4-storey mixed • Appealed for non-6 Doran & 21-23 Main use building with 92 residential decision (settlement Street units with 2 commercial units pending). totaling of 463m2 on the first floor. Type: LOPA and ZBA. • A comprehensive public Urban Design Charrette with Town, Region and Applicant was completed earlier this year. • Site plan is in progress. Grimsby 133 Main Street east Burgess Heritage Application is for a new 5-storey • Application was Group Inc. mixed use commercial and appealed for non-Type: LOPA and ZBA. residential apartment building decision. consisting of 148 residential units • LPAT hearing to be and 305 m2 of ground-floor scheduled shortly. commercial area. The property designated under the Part IV Section 29 of the Ontario Heritage Act. Page 318 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status Grimsby 4 Windward Drive (Casablanca Inn) Type: LOPA and ZBA. TRG Casablanca Inc. Application is for a 19-storey apartment building with 212 residential units, ground floor retail / restaurant commercial space, and a new hotel with conference and banquet facilities. • • The statutory Public Meeting has been held. Regional comments were provided in March 2021 on the application’s Additionally, the existing hotel will be demolished and a new 12- storey apartment building with 208 residential units and ground floor retail commercial space with be constructed. The site will feature approximately 1,500 m2 outdoor park area and will have a total of 909 parking spaces contained within 3 levels of underground parking. • resubmission with respect to design/wind. Application is still in progress at this time. Lincoln 3221 North Service Road Type: ZBA. LJM Developments. A.J. Clarke & Associates Ltd. Currently, the application is proposing 2 residential towers (25 and 28 storeys, respectively) that share a common 6-storey podium for a total of 510 residential units. • The Region, Town, and Applicant are in the process of refining site and building design elements. The site is located outside of and abuts the Prudhommes Secondary Plan Area. • • Regional comments on the 2nd submission were provided April 23, 2021. A public urban design charrette is planned to be scheduled for spring / summer 2021. Page 319 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status Lincoln Prudhommes Landing Site Redevelopment Type: ZBA and Draft Plan of Subdivision FBH Ontario Inc. Application is for approximately 1,173 residential units (consisting of a variety of single-detached, semi-detached, townhouse and apartment units), 3.92 hectares of open space, and 3.88 hectares of natural area within the Prudhommes Secondary Plan Area. • The Town has approved the Draft Plan of Subdivision. Niagara Falls New South Niagara Hospital Type: SPA. Niagara Health System. Application relates to the Campus Planning for new Niagara South Hospital site. • • Campus Plan was finalized in September 2019. Project was incorporated into Ministry of Health Functional Program Submission. • Stage 1 of the Site Plan has been completed for issuance of RFP. Niagara Falls Riverfront Residential Community Type: ZBA and Draft Plan of Subdivision. GR (CAN) Investments Ltd. Application is for an estimated total of 1,045 residential units (consisting of single-detached, semi-detached, townhouse and apartment units), 1.86 hectares of parkland and open space, and 17 hectares of natural area. Regional conditions of approval include servicing, natural heritage • • Draft Plan and ZBA approved by City; ZBA appealed to LPAT. Developer proceeding to address conditions of draft approval for first phase. Page 320 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status requirements, site remediation, etc. Niagara Falls Splendour Residential Development Type: LOPA, ZBA and Draft Plan of Subdivision. Cobas Developments Inc. Application is for 104 single- detached dwellings, 16 semi- detached dwellings, 148 townhouses, and 1 block for a future school(s) site. • City has approved the Draft Plan of Subdivision. Niagara-on- the-Lake Settler’s Landing (Phase 2) Type: ZBA and Draft Plan of Subdivision Settler’s Landing Estates Ltd. Application is for 53 single- detached dwellings on a 4.1 hectare site. • • Regional comments were provided on December 23, 2020. Application has been Draft Approved by the Town and applicant is currently clearing conditions of Draft Approval. Pelham Forest Park Subdivision Type: ZBA and Draft Plan of Subdivision Sterling Realty (Niagara) Inc. Upper Canada Consultants. Application is for the creation 77 lots for single-detached dwellings, 8 blocks for 86 street townhouse dwellings, 1 block for 280 multi- family residential units, 1 block for a park, 1 block for a stormwater management pond, 1 block for a relocated watercourse, and associated roadways on a 17.03 hectare property. • • Application is in progress. Regional comments were provided for the 1st application submission on December 22, 2020. Pelham North Side of Summersides Boulevard and 1409, Mountainview Homes (Niagara) Ltd. Application is for the creation of 13 lots for single-detached dwellings, 7 blocks for 30 rear lane townhouse units, 10 blocks for 44 street townhouse units, 5 blocks • Regional comments were provided on October 1, 2020. Page 321 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status 1411, 1413, 1415 and 1419 Station Street Type: ZBA and Draft Plan of Subdivision Upper Canada Consultants. for 40 back-to-back townhouse units, and 1 block for a pedestrian walkway on a 4.46 hectare property. • Town hosted a statutory Public Meeting on November 23, 2020. • Application is in progress. Port Colborne 118 West Street Type: SPA. Raimondo + Associates Architects Inc. Rankin Construction Inc. Southport Condos Inc. Application is for a 9-storey mixed use building consisting of 74 residential units and 421m2 of ground floor commercial space. • • Application is in progress. Regional comments were provided on November 10, 2020 for the 2nd application submission. St. Catharines Linhaven Long Term Care Facility Redevelopment (403 Ontario Street) Type: LOPA, ZBA, Draft Plan of Subdivision, and SPA. Regional Municipality of Niagara. Application is to construct a 5- storey 256-bed long term care facility to replace the existing Linhaven Long Term Care facility. The existing Alzheimer Society of Niagara building will remain on- site. The development will be located adjacent to the existing Hospice Niagara building along Ontario Street and will include two interior courtyards that feature outdoor dining areas, landscaping, fitness stations, and shade structures. Site parking will be located at the rear of the site. • • • Site plan is in progress. Regional comments were provided on the April 27, 2021 relating to the 4th application submission. There are no outstanding Regional requirements at this time. The building will offer interior cafes, an auditorium, gym, library, Page 322 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status and chapel, every floor. and dining areas on Thorold Canada Summer Games Complex Type: SPA. Games Operations, 2021 Canada Summer Games. Application relates to the Canada Summer Games Building and Playing Fields. • • Site plan has been approved. Construction is in progress. Thorold Artisan Ridge Phase 2 Type: Draft Plan of Subdivision LANDx Developments. Application consists of 123 single- detached and 40 townhouses and is a phase of the larger Artisan Ridge Subdivision. • Draft Plan of Subdivision has been approved by City. Thorold Legacy Port Robinson Estates (Phases 2 & 3) Type: ZBA and Draft Plan of Subdivision. Armstrong Planning. Legacy Communities. JTG Holdings Ltd. Application is for a total of 733 dwelling units that consists of 347 townhouse units, 80 semi- detached units, and 306 single- detached units. • Draft Plan of Subdivision and Zoning By-law Amendment Approved Maple Hill Developments Inc. Welland Hunter’s Pointe Golf Course Redevelopment Type: LOPA, ZBA, and Draft Plan of Subdivision. 2599587 Ontario Ltd. Application is for 735 single- detached dwellings, 250 townhouses, 170 residential units and 60,000 ft2 of commercial space within proposed mixed use buildings. • • The application was approved by the City and has been appealed. LPAT hearing to be scheduled shortly. Welland John Deere – Dain West Subdivision Empire Homes. Application is for a mixed use subdivision that allows for a maximum development of 870 residential dwelling units (consisting of detached, semi- • Regional comments were sent April 26, 2021. Page 323 of 445 Appendix 1 of PDS 24-2021 June 16, 2021 Municipality Application Developer Details Status Type: ROPA, LOPA, ZBA, and Draft Plan of Subdivision. detached and townhouse dwellings), a 4 hectare mixed-use employment block, a stormwater management pond, an elementary school, parks and open space on approximately 74 hectares of land. • • Application was approved by City Council May 4, 2021. LOPA 30 and ROPA 19 to be considered by PEDC on June 16, 2021. West Lincoln Northwest Corner of South Grimsby Road 5 and Regional Road 20 (South of CP Rail Line) Type: ZBA and Draft Plan of Subdivision Marz Homes (Smithville West) Inc. IBI Group. Application is for approximately 224 residential units and a recreational trail on a 10.29 hectare property. • • Application is in progress. Regional comments were provided December 4, 2020 on the 1st submission of the application. West Lincoln Station Meadows West Type: ZBA and Draft Plan of Subdivision P. Budd Developments Application is for 68 lots of single- detached dwellings, 28 blocks for 163 freehold townhouse dwelling units, 3 blocks for 164 condominium townhouse dwelling units, 1 block for park space, and a multi-use trail block on a 14.84 hectare property. • • Application is in progress. Regional comments were provided for the 3rd ZBA and Draft Plan of Subdivision submission on May 4, 2021. Page 324 of 445 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 June 25, 2021 CL 13-2021, June 24, 2021 PEDC 6-2021, June 16, 2021 PDS 30-2021, June 16, 2021 DISTRIBUTION LIST SENT ELECTRONICALLY Niagara Watershed Plan- Draft for Consultation PDS 30-2021 Regional Council, at its meeting held on June 24, 2021, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 30-2021, dated June 16, 2021, respecting Niagara Watershed Plan – Draft for Consultation, BE RECEIVED and the following recommendations BE APPROVED: 1. That consultation on the draft Niagara Watershed Plan (Volumes 1 & 2), BE INITIATED with the public and other stakeholders, Local Municipalities, and Indigenous groups; and 2. That Report PDS 30-2021 BE CIRCULATED to the Local Municipalities and the Niagara Peninsula Conservation Authority (NPCA). A copy of PDS 30-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2021-096 Distribution List : Local Area Municipalities Niagara Peninsula Conservation Authority S. Norman, Senior Planner, Planning and Development Services Page 325 of 445 Niagara Watershed Plan- Draft for Consultation June 25, 2021 Page 2 D. Giles, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 326 of 445 PDS 30-2021 June 16, 2021 Page 1 Subject: Niagara Watershed Plan – Draft for Consultation Report to: Planning and Economic Development Committee Report date: Wednesday, June 16, 2021 Recommendations 1. That consultation BE INITIATED on the DRAFT of the Niagara Watershed Plan (Volume 1 & 2) with the public and other stakeholders, Local Municipalities, and Indigenous groups. 2. That Report PDS 30-2021 BE CIRCULATED to the Local Municipalities and the Niagara Peninsula Conservation Authority (NPCA). Key Facts • The purpose of this report is to provide an overview of the Niagara Watershed Plan (NWP) project and to initiate the consultation and engagement process for the draft of Volume 1 & 2. • PDS 17-2021 – Appendix 7.1 (May 12, 2012) provided the most recent update on the watershed planning program and the Niagara Watershed Plan (NWP) project. This report is a continuation of the work program outlined in Appendix 7.1. • The Niagara Watershed Plan is being published in 3 volumes. Volume 1 (Characterization) and Volume 2 (Management) are in ‘draft for consultation’ format at this time. Links to Volume 1 & 2 are below and included as an appendix. o Volume 1 [full report] www.niagararegion.ca/projects/rural-and-natural- systems/pdf/nwp-vol1-draft.pdf o Volume 1 [text only] www.niagararegion.ca/projects/rural-and-natural- systems/pdf/nwp-text-draft.pdf o Volume 2 [full report] www.niagararegion.ca/projects/rural-and-natural- systems/pdf/nwp-vol2-draft.pdf • Volume 3 of the NWP will analyze various growth scenarios as part of the overall Official Plan work program. Volume 3 will be completed later in summer 2021, once final growth scenarios are available. • NPCA staff have been actively participating in the project. Page 327 of 445 PDS 30-2021 June 16, 2021 Page 2 ______________________________________________________________________ Financial Considerations The costs associated with completing the Niagara Watershed Plan project are accommodated within the Council approved project budget for the Niagara Official Plan. Analysis Introduction: A watershed is defined as an area that is drained by a river and its tributaries. The Provincial Policy Statement (PPS, 2020) requires that watersheds be the “ecologically meaningful scale for integrated and long-term planning”. Watershed planning is a methodology used to define values, objectives, and targets that support the protection, enhancement, or restoration of the natural resources (with an emphasis on water resources) within a watershed through the development of management plans, policies, and other related tools. Role of the Region in Watershed Planning: The Provincial Growth Plan and Greenbelt Plan were updated in 2017. The updated plans place a greater emphasis on the need for watershed planning to ‘inform’ land-use planning. This change was accompanied by a Provincial shift in the responsibility for watershed planning. Specifically, Section 4.2.1.1 of the 2019 Growth Plan states “Upper- and single tier municipalities, partnering with lower-tier conservation authorities as appropriate, will ensure that watershed planning is undertaken to support a comprehensive, integrated, and long-term approach to the protection, enhancement, or restoration of the quality and quantity of water within a watershed.” Coinciding with that change in Provincial direction, through a 2018 update to the Protocol for Environmental Planning Services in the Region, the responsibility for ‘watershed planning’ was transferred to the Region, and the responsibility for ‘sub- watershed planning’ was transferred to the Local Municipalities. Page 328 of 445 PDS 30-2021 June 16, 2021 Page 3 ______________________________________________________________________ Integration with the Natural Environment Work Program for the Niagara Official Plan: To facilitate this transfer of responsibilities, one of the background reports for the Natural Environment Work Program (NEWP), which is being completed in support of the Niagara Official Plan (NOP), was the Watershed Planning Discussion Paper (WPDP). The purpose of the WPDP was to provide a better understanding of the history; new Provincial direction; and the updated process, roles, and responsibilities related to watershed planning in the Region. The WPDP provided direction in three key areas: • The scope of watershed planning that is required to ‘inform’ the NOP. • Policies for watershed planning that should be included in the NOP. • A framework for watershed planning in Niagara moving forward. The previously completed Watershed Planning Discussion Paper (October 2019) can be accessed here: https://www.niagararegion.ca/projects/rural-and-natural-systems/pdf/natural- environment-watershed-planning.pdf The WPDP identified the need for a tertiary-level watershed plan to be completed to inform the NOP. In accordance with the direction of the WPDP a project to complete the Niagara Watershed Plan (NWP) was initiated. Following the completion of the NOP project there will be a need for the Region to complete more detailed watershed planning at the ‘quaternary-level’. The NWP has delineated 12 quaternary watersheds in the Region. Beyond that, sub-watershed planning becomes the responsibility of the Local Municipalities. Sub-watershed plans are typically completed in support of Secondary Plans or similar large-scale developments. Niagara Watershed Plan Project: The NWP will be published in 3 volumes: 1. Characterization 2. Niagara Watershed Management 3. Growth Analysis Page 329 of 445 PDS 30-2021 June 16, 2021 Page 4 ______________________________________________________________________ Overall, several of the key outcomes of the NWP will be: • A detailed characterization of the 3 tertiary watersheds in the Region • A description of what features and systems should be considered required components of the water resource system (WRS) in conformance with Provincial policy • The integration of the natural heritage system (NHS) and WRS • Criteria to support the evaluation of various growth scenarios in the Region • A set of goals and objectives that will inform future watershed planning in the Region • A range of guidance on approaches that can be used to better manage natural resources in the Region • Direction for integration with other components of the Niagara Official Plan work program Consultation and Engagement: The NWP project was first introduced as part of a virtual public information centre for the NOP in September 2020. Following that, a Goals and Objectives Discussion Paper for the NWP project was shared with local municipalities, the public, and other stakeholders in November 2020 for input. This included the use of a survey which was widely shared. The Niagara Watershed Plan – Goals and Objectives Discussion Paper (October 2020) can be accessed here: https://www.niagararegion.ca/projects/rural-and-natural-systems/pdf/niagara-watershed- plan-discussion-paper.pdf The results of the consultation and engagement to date are reflected in the draft documents. The next step in the project is to undertake a consultation and engagement program on Volume 1 & 2 of the project. Volume 3 will be released for consultation later in the summer of 2021. A consultation summary report for the entire project will be prepared and will accompany the final version of the NWP. Page 330 of 445 PDS 30-2021 June 16, 2021 Page 5 ______________________________________________________________________ Alternatives Reviewed Council could choose to not direct staff to initiate the consultation process on the draft of Volume 1 & 2. This is not recommended. Relationship to Council Strategic Priorities This report is being brought forward as part of the ongoing work program for the Niagara Official Plan. The Niagara Watershed Plan project aligns with Objective 3.2 Environmental Sustainability and Stewardship: A holistic and flexible approach to environmental stewardship and consideration of the natural environment, such as in infrastructure, planning and development, aligned with a renewed Official Plan. Other Pertinent Reports • PDS 6-2018: Natural Environment Project Initiation Report (Jan 31, 2018) • PDS 18-2018: Natural Environment Project Framework (April 25, 2018) • PDS 10-2019: Update on Natural Environment Work Program (Feb 19, 2019) • PDS 32-2019: Natural Environment Background Study and Discussion Papers (Nov 6, 2019) • PDS 26-2020: Natural Environment Work Program – Phase 4 (July 15, 2020) • PDS 1-2021: Natural Environment Work Program – 2nd Point of Engagement (Feb 17, 2021) • PDS 17-2021: Official Plan Update and NES Recommendation (May 16, 2021) • PDS 3-2020: ELC Mapping Update (Feb 12, 2020) • PDS 33-2020: ELC Mapping Final Report (Dec 9, 2020) • CWCD 122-2019: Agriculture and Environment Groups Stakeholder Lists (Mar 29, 2019) • CWCD 179-2019: Notice of Public Information Centres (May 19, 2019) • CWCD 153-2020: Natural Environment Work Program Update (June 5, 2020) • CWCD 314-2020: Update – Natural Environment Work Program (November 11, 2021) • CWCD 2021-70: Mapping and Data for Natural Environment Options (Mar 19, 2021) Page 331 of 445 PDS 30-2021 June 16, 2021 Page 6 ______________________________________________________________________ ________________________________ Prepared by: Sean Norman, PMP, MCIP, RPP Senior Planner Planning and Development Services _______________________________ Recommended by: Doug Giles, BES, MUP Acting Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was reviewed by Erik Acs, MCIP, RPP, Manager, Community Planning and Isaiah Banach, Acting Director, Community and Long Range Planning. Appendices Niagara Watershed Plan - Volume 1 [full report] (Draft for Consultation) www.niagararegion.ca/projects/rural-and-natural-systems/pdf/nwp-vol1-draft.pdf Niagara Watershed Plan - Volume 1 [text only] (Draft for Consultation) www.niagararegion.ca/projects/rural-and-natural-systems/pdf/nwp-text-draft.pdf Niagara Watershed Plan - Volume 2 [full report] (Draft for Consultation) www.niagararegion.ca/projects/rural-and-natural-systems/pdf/nwp-vol2-draft.pdf Page 332 of 445 1 Heather Ruzylo Subject:Proclamation Request: Mark Sept 30 - Oct 07, 2021 as Residential School Remembrance Week From: Niagara Gives < Sent: Friday, June 25, 2021 5:47 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation Request: Mark Sept 30 - Oct 07, 2021 as Residential School Remembrance Week Mr. Matson, I am writing to you as we connected last year regarding a proclamation request I made and I believe you're the best person to contact regarding this. I would like to have a Mayoral Proclamation Request listed on the agenda for the next council meeting. The request is as follows: Given the most recent discovery of an additional 751 unmarked graves at the Marieval Residential School site in Saskatchewan, it is now more evident than ever that much more work must be done to help reconcile with our Indigenous and First Nations brothers and sisters. I request an official proclamation be made by the Mayor and Niagara Falls City Council which marks a seven day period, beginning on Orange Shirt Day (Sept 30), as Residential School Remembrance Week. I believe that one single day of remembrance for this terrible and tragic genocide that Canada helped perpetrate is not enough. I urge the local government to consider this request, and remember the exuberant debt we owe to Indigenous and First Nations peoples; people who we historically have mistreated, yet whom have time and time again come to our aid (the War of 1812 comes to mind). Thank you for your time and your consideration, Josh B, Coordinator of NiagaraGives CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 333 of 445 Niagara Falls Review Friday, June 18, 2021 Notice of Public Consultation On the Issuance of a New Long-Term Care Home Licence for Oakwood Park Lodge a LTC Home to be located in Niagara Falls, Ontario The Ministry of Long-Term Care (MLTC) is reviewing a proposal from Maryban Holdings Ltd. (the Licensee) for issuing a long-term care (LTC) home licence for Oakwood Park Lodge (the Home), a proposed 288-bed LTC home to be developed in Niagara Falls, Ontario. The proposal involves: • the upgrade of 153 beds from Oakwood Park Lodge located at 6747 Oakwood Drive in Niagara Falls, in the current location and renaming the home to Oakwood Manor; • the transfer of all 65 beds to the Home from Valley Park Lodge located in Niagara Falls and licensed to 955464 Ontario Limited, an affiliate of the Licensee; • the development of 70 additional LTC beds conditionally allocated by the MLTC at the Home; • the issuance of a new LTC licence for a new 288-bed LTC home with a term of up to 30 years; and • the closure of Valley Park Lodge following the development of the Home. If you have comments or opinions and would like to bring them to the attention of the MLTC, you may: Present them orally at a teleconference public meeting, to be held on July 19, 2021 at 11:00 am. The dial-in phone number for the meeting is 1-855-340-1607. When prompted, please key in the participant passcode 4011025#. Submit them in writing on or before August 2, 2021 by: (a) sending an e-mail at LTCHomes.Licensing@ontario.ca; or (b) sending by mail to: Director under the Long-Term Care Homes Act, 2007 Ministry of Long-Term Care Capital Planning Branch 1075 Bay Street, 11th Floor Toronto, ON M5S 2B1 Details regarding the consultation and meeting will be posted on the Long-Term Care Consultation Registry located at www.ontario.ca/page/ontarios-long-term-care-licensing- public-consultation-registry on June 18, 2021. You may also e-mail LTCHomes.Licensing@ontario.ca to receive more details on the meeting. Please include the name of the LTC Home and quote Project #21-028 on all written submissions. As part of the MLTC’s review, the Director will consider all written and oral submissions before making a final decision relating to the proposal. Page 334 of 445 1 Heather Ruzylo Subject:Changing the name of Ryerson Cres From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Wednesday, June 30, 2021 8:17 AM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Erik Nickel <enickel@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Peggy Boyle <pboyle@niagarafalls.ca> Subject: Re: Changing the name of Ryerson Cres Hi Maybe someone can reach out to Sherman Zavitz to see if he knows if the street was named after a local person named Ryerson. There might be something in the green Kiwanis book (but I am not in the office to look); maybe Peggy can take a look. I knew from past research that there was a religious encampment from about the 1880s in the centre circle where NFCVI was built. A quick google search shows information published by the NF Historical Museum. The area was developed as Wesley Park Subdivision. The plan on-line shows the name Epworth and Ryerson for street names. It goes on to say Wesley Park International Campground was formed by an association of Methodist ministers from both sides of the Border for outdoor religious services. Methodism was founded by John and Charles Wesley. They were born in Epworth, England. Egerton Ryerson was a Methodist minister. He was appointed Chief Superintendent of Education for Upper Canada in 1844. So I am going to say there is a very strong likelihood that Ryerson Crescent is named to honour Egerton Ryerson - Wesley Subdivision laid-out with Methodist encampment in middle - Methodism started by Wesley brothers - Epworth Circle pays homage to birthplace of the Wesley brothers - Ryerson was Methodist minister and - Ryerson prominent Canadian figure As I say, maybe Peggy or Sherman can contribute something more. Alex Sent from my iPad From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Tuesday, June 29, 2021 4:18 PM To: Wayne Campbell <wcampbell@niagarafalls.ca> Cc: Carolynn Ioannoni iPhone Account <carolynnioannoni@me.com>; Erik Nickel Page 335 of 445 2 <enickel@niagarafalls.ca>; td18sf@brocku.ca; Jim Diodati <jdiodati@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Chris Dabrowski Personal <chrisdabrowski@live.com>; Lori Lococo <llococo@niagarafalls.ca>; Wayne Thomson <wthomson@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; executivedirector@nrnc.ca; executivedirector@fenfc; Peggy Boyle <pboyle@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: Re: Changing the name of Ryerson Cres Helli Councillors Normally when a citizen asks for a street name change, Planning Staff would take a report to Council for confirmation to proceed with the process. I think in this case, since the request went directly to Council and I think most people are now aware of Ryerson’s role in establishing the residential school system, I would suggest we skip that report so that Council can direct staff to proceed through the process at the next Council meeting (July 13). The process involves, sending notice to all residents on the street notifying the owners of Council’s intent to change the street name and an opportunity for them to comment. Staff also circulates to EMS (police, fire, ambulance) for comment. It would be good to have a suggested name for inclusion in the notice. (An indigenous one?) The GIS section reviews the new name for 911 protocol (ie similar street names, ease of pronunciation, etc). Once we have surveyed the neighbourhood and EMS, staff reports back on the % in favour versus opposed. Assuming support, notice is placed in the newspaper and a by-law subsequently passed. It is the City’s policy that up to $150 is provided per person in the household for actual costs (receipts required) to change the street address on official documents (usually personalized cheques, return address labels (including stationary), drivewr’s licence, notice at Post Office, etc. I have copied Peggy Boyle who has processed these in the past, for any corrections or additional comments. Alex Sent from my iPad On Jun 29, 2021, at 12:16 PM, Wayne Campbell <wcampbell@niagarafalls.ca> wrote: Thank you. You have my support. Wayne Campbell Councillor, City of Niagara Falls Page 336 of 445 3 On Jun 29, 2021, at 11:29 AM, Gates - CO, Wayne <wgates- co@ndp.on.ca> wrote: Good morning Carolyn, Thank you for including our office in your correspondence with Council. I had the opportunity to speak with Tabitha and Dylan initially. Egerton Ryerson was instrumental to the establishment of what became the Residential School System - an act of genocide that has had a devastating impact on First Nations, Métis and Inuit people across Canada. We are happy to support Council in any way necessary though this important process. Kind regards, 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 | https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fWayneGat es.com&c=E,1,ZJR2wzR_y9oM9cTyiqyfu-bNgQF- GcLyCUD0nV_vEHb5- wCfpRtYM1cHqq9QVD9N68ocOJFbCYl0dpanrTKQOoailsEzCs 5OaHnpu_h-QeljhJLp&typo=1 -----Original Message----- From: Carolynn Ioannoni <carolynnioannoni@me.com> Sent: June 29, 2021 11:12 AM To: Alex Herlovitch <aherlovitch@niagarafalls.ca>; Erik Nickel <enickel@niagarafalls.ca>; td18sf@brocku.ca; Jim Diodati <jdiodati@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Chris Dabrowski <chrisdabrowski@live.com>; Wayne Campbell <wcampbell@niagarafalls.ca>; Lori Lococo <llococo@niagarafalls.ca>; Wayne Thomson Page 337 of 445 4 <wthomson@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca> Cc: executivedirector@nrnc.ca; Gates - CO, Wayne <WGates- CO@ndp.on.ca>; executivedirector@fenfc Subject: Changing the name of Ryerson Cres CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. HI Alex I was contacted by the Dylan and Tabitha Porte. They are a young Anishnaabe family that lives on Ryerson Cres and have for the last 6 years. I have copied Tabitha into this email so that she can express her very valid views as to why her family believes that the name Ryerson should be changed. I am also copying in Waynes Gates, Jennifer Dockstader ED for FE Native Friendship Center, Karl Dockstador, ED Niagara Regional Native Center and Sean Vanderkils of One Dish One Mic and a local Indigenous activist and reporter. Given that Egerton Ryerson was one of the key figures behind the creation of Canada’s residential schools that separated more than 150,000 Indigenous children from their families, having a street named to honour him is no longer appropriate. As Mr. Porte is from the Owl Clan family from Georgian Island it is extremely offensive and difficult for his family to live on a street with Ryerson’s name. Other communities are considering doing the same thing for ex: NOTL revising a name change for Ryerson Park and Toronto changing Dundas Street because of their historical connotations. Can you please guide myself and the Porte family in the steps that they have to take to have council consider changing the name of Ryerson Cres? Thank you Carolynn Page 338 of 445 1 Heather Ruzylo Subject:July 4 -- Followup on the Ontario Truck Parking Study, an Issue of Concern to all Ontario Municipalities From: Ted Harvey <ted.harvey@spr.ca> Sent: Sunday, July 4, 2021 6:11 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-July 4 -- Followup on the Ontario Truck Parking Study, an Issue of Concern to all Ontario Municipalities SPR Associates In 18-260 Adelaide St. East, Toronto, ON M5A 1N1 |Toronto, Ontario | 416-629-7236 | www.spr.ca July 4, 2021 Please confirm receipt. Mayor Jim Diodatie and Council City of Niagara Falls jdiodati@niagarafalls.ca Followup on the Ontario Truck Parking Report, and a Critique of The Ministry of Transportation (MTO) Response I hope you are safe in this time of COVID. I am writing to you about activities our group has initiated to follow-up on our 2018 study on Truck Parking and Rest Areas Along Southern Ontario Highways. That $280,000 MTO study highlighted issues in truck parking that are important to Ontario cities economically and in terms of public safety from catastrophic crashes. The study included engineering studies, surveys of Canadian and US truck drivers, and was overseen by a Canadian-US expert panel of transportation experts. Municipalities provided key input to the study. After a three year delay, the Ministry of Transportation published SPR's report and MTO's response on January 7, 2021. The attached press release and critique is our response to MTO, addressing both economic and public safety issues important to Ontario. The critique is also available on-line (SPR Press Release - June 29 - Truck Parking in Southern Ontario) As well, as part of this follow-up, a relatively brief summary of SPR's report on truck parking is available at: No Place to Sleep, No Place to Rest. Our report emphasizes the importance of trucking to the supply chain for all Ontario Cities, and notes municipal participation which aided our research. Also of interest may be a related article by John Smith, published recently in (Truck News) drawing from our press release, and input from an interview with me. We hope these documents will help to promote further discussion regarding the shortage of truck parking in Ontario. Page 339 of 445 2 If you agree with our analysis, please communicate your municipalities' views to the Minister of MTO on the need for action on long haul truck parking. You may also wish to share this analysis with your planning department and others. We doing this follow-up now, because no significant action has been taken to-date by MTO since our original report was submitted in 2018. Indeed, MTO has only taken token steps to respond to the truck parking crisis noted, and the related issues of public safety. To their credit, MTO staff have attempted temporary responses within available resources, such as emergency parking at commuter lots, during COVID. But, it is our assessment that the truck parking shortage needs to be addressed much more thoroughly, as an Ontario issue, given the vital importance trucking plays in our cities' supply chain and everyday lives. This followup is part of SPR's usual follow-up on public policy issues.* Please let me know if you are able to address this issue. Thanks and stay well. Dr. Ted Harvey, SPR Associates * Examples of SPR's longer-term public policy follow-up work include:SPR followed-up our $1.2 million project for Ontario, on Occupational Health and Safety (1984-96 for the Ministry of Labour), over a number of years... This work aided the introduction of the Ontario Occupational Health and Safety Act of 1990, and the development of Ontario Health and Safety Certification Training, with close to half a million workers and managers certified as of 2021. Similarly Our work on Family Violence Shelters, for Canada Mortgage and Housing Corporation spans a period of 20+ years. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 340 of 445 SPR Associates Inc. | Toronto, Ontario | www.spr.ca Research Press Release and 2021 Update - June 29, 2021: A Critique of MTO's Response to SPR's Truck Parking Study _________________________________________________________________________________ Background: In May 2018, SPR Associates of Toronto submitted a report to The Ontario Ministry of Transportation (MTO) on long-haul truck parking and rest areas along Southern Ontario Highways. The $280,000 study involved a major review of truck parking in Southern Ontario and was led by Dr. Ted Harvey of SPR, with a U.S. and Canadian advisory panel of engineers and transportation and safety specialists. This state-of-the-art project was the most thorough study of this issue ever conducted in Canada, with new highway engineering simulations based on 45,000 truck trips, and on-line surveys of over 2,000 Canadian and US truck drivers. Several hundred trucking companies were also surveyed. The goal of the study was to assess the extent to which there is a shortage of truck parking and rest areas in Ontario and make recommendations to address this issue. The study focused on truck parking mainly along the highway 401 corridor from Detroit-Windsor to the Quebec border. This corridor, which is used by some 40,000 trucks per day, is a vital part of the supply chain for the Greater Toronto Area as well as the rest of Ontario. The surveys yielded detailed estimates of the need for parking on 25 Ontario highway segments and for 70+ existing truck stops. Drivers provided 60,000+ ratings of the difficulty of finding parking at all these locations. We also examined the history of implementation of Hours of Service (HOS) and Electronic Logging Device regulations which limit driving hours to ensure rest -- HOS drives the parking shortage and has been neglected by MTO for the past 15 years. On January 7, 2021, MTO issued a press release describing their proposed remedies to the parking shortage. SPR's Findings: SPR's study confirmed that the longstanding truck parking shortage is a major issue for Ontario, resulting in extremely negative impacts on drivers and the trucking industry in general. The study demonstrated that driver fatigue from not being able to find a safe place to park to rest or sleep results in a higher risk of collisions and risks to public safety. More broadly, the shortage of parking has extraordinary economic costs. Key findings were:  There is a current shortage of between 1,200 and 2,600 truck parking spaces in Southern Ontario (with an estimated 3,900 parking spots currently available).  The most severe shortage of parking is in Central Ontario and the GTA, with a lesser but still noteworthy shortage of parking within other zones surrounding highway 401 and other highways.  MTO's efforts to create truck parking at ONroute centres in the three years preceding the study are regarded as ineffective by truck drivers and trucking companies. Improvements to ONroute parking areas were seen as mostly aesthetic, creating prettier parking, with no real increase in truck parking spots.  Nearly all drivers reported that they regularly had trouble finding parking. The study showed that resulting fatigue was a major risk factor for collisions and public safety. Drivers also reported negative impacts on their overall health due to a lack of parking and resulting fatigue.  The search for adequate parking costs drivers an estimated $15,000 per year for full-time drivers. (Estimated using the US Trucker Path cost model). Overall, SPR estimates these costs to trucking companies and independent drivers total hundreds of millions of dollars per year. Significance to Ontario and the Trucking Industry: The parking shortage impacts the economy, infrastructure, the supply chain, food insecurity, and the health of the trucking industry. Drivers are most immediately impacted. When drivers cannot find legal parking, they must, resort to illegal catch-as-catch-can parking on the sides of highways, on municipal streets, or at "big box" store parking lots. This exposes drivers to long searches for parking, fines from the OPP or others, harassment, crime, and violence. See Trucks, Aug. 2, 2016, Truck Parking Shortage Exposes Drivers to Crime, Other Danger. The most egregious example of crime is a US one--a driver, Jason Rivenburg, who in 2009 sought to park beside the highway, was robbed of $7 and murdered. (Led to the widely noted US "Jason's Law"). Key SPR Recommendations: (1) the creation of 350+ new parking spots each year; (2) provincial leadership of stakeholders, including municipalities and others to address the truck parking issue, (3) public safety (driver fatigue = collisions), (4) land banking (Ontario holds thousands of acres which was expropriated in the 1970s for the never-built Pickering airport; over 18,000 acres of land are also held in Pickering by the Federal Government); (5) use of other available land for emergency parking; and (6) creation of an industry panel (including drivers) to advise MTO. Page 341 of 445 A Critique of MTO's Response: It is easy to criticize, and harder to create solutions. However, after three years, MTO's response to SPR's report must be regarded as token or symbolic only, and insufficient, given the importance of this issue to the economy and public safety. This weak response might be attributed to the tendency of the MTO to focus more on its engineering and planning studies, as it has under Liberal governments (2003-2018) and the current Government. MTO staff merit praise for some temporary improvements under COVID. But this is not the more dramatic remedy needed to provide parking in central Ontario. Rather, SPR argues that:  New parking is needed now! Noting that no new truck parking has been created in the three years since SPR's report was submitted, there needs to be new parking created in Central Ontario. (To-date, MTO has presented a plan which focuses on creating parking mainly in Northern Ontario which is also much needed, but also Southwestern and Eastern Ontario, which have more modest needs for added truck parking).  Most immediately, new emergency parking should be developed using available land, particularly in the GTA. (SPR's report recommended creating an inventory of potential sites.) Potential sites were not identified by SPR's 2018 report, but could include areas near the GTA, such as: certain parts of the CNE during the off-season, some land at Downsview airport, the Toronto harbour and out-of-date railway lands. (SPR notes: MTO has made some emergency parking available at commuter lots during the pandemic, but we understand this is ending now).  Longer-term (more costly) sites are the most essential need, calling for significant investment, due to the high cost of land in Central Ontario. Such solutions would show the issue as a priority for Ontario and could emerge from MTO-municipal partnerships (or actions led by an independent commissioner or a new provincial agency).  Innovative strategies are needed to mobilize partners and develop a range of solutions:  Involve municipalities as partners in the overall process. During the study, municipalities, particularly major municipalities in the GTA, expressed a great deal of interest in improving the availability of truck parking to aid the supply chain and goods distribution. They know where the vacant land is!  Utilize portions of the vast acreages currently held by Ontario in Pickering (and adjacent Federal lands).  Create a credible plan for improving parking at existing ONroute sites, ideally as part of an independent review of the 55-year contract with ONroute. (MTO advised SPR of this 55-year contract term in 2018.)  Systematically address the creation of an inventory of available land for parking.  Embed MTO plans within a Central Ontario strategy, as well as within a rural strategy.  Identify more positive roles for the OPP to play in HOS (e.g. assisting drivers to find parking, when needed).  Develop a trucking sector process (typical of modern government-industry collaborations) to improve company approaches to help ensure parking for drivers and to encourage related improvements in HR policies. (Today, some companies provide extensive supports for drivers, most of whom are independent operators, but most companies do very little -- most drivers are left on their own).  Create an industry advisory committee (including drivers) to aid in resolving the parking shortage. Remedying a History of Inattention: Overall, MTO's response to the findings from the truck parking study is consistent with more than a decade of inaction in preparation for the HOS regulations which came into effect on June 12, 2021. MTO needs to recognize and fully support the essential services that truck drivers provide. The Need to Focus on Central Ontario: The 28 locations recently identified by MTO for the redevelopment of parking are mostly located in remote areas where land values are low, with existing tourist stops. These will help in the North, East and Southwest, but do not fix the urgent shortages in Central Ontario. Action is needed in Central Ontario. A Need for Transparency: Since January 2021, MTO has repeatedly declined to share information on the process underlying MTO's current search for solutions to the truck parking crisis. This includes not providing details on consultations with stakeholders and a lack of detail on how much parking will be developed and where. Need for More Serious Action! MTO's response to-date on the parking shortage is insufficient to solve the problem, ignores driver needs and the important issue of public safety as seen in risk of collisions. Drivers and other stakeholders in Ontario, across Canada, and the US who use Southern Ontario highways are urged to press the government for real action. Provincial action now will help reduce economic losses and avoid catastrophic collisions. What Can You Do? Express your concerns to the Minister of MTO, Hon. Caroline Mulroney (minister.mto@ontario.ca) and Ontario Premier Doug Ford (premier@ontario.ca). (Please also copy ted.harvey@spr.ca ) Page 342 of 445 EDWARD. T. MCDERMOTT Integrity Commissioner City of Niagara Falls E-mail: emcdermott@adr.ca AND: MICHAEL L. MAYNARD Investigator Office of the Integrity Commissioner E-mail: mmaynard@adr.ca July 5, 2021 SENT BY EMAIL TO: Mr. Gary Wilkins And To: Councillor Chris Dabrowski Cc: Bill Matson, Clerk Re: Investigation Report – IC-13510-0421 Dear Mr. Wilkins and Mr. Dabrowski: 1.0 Delegation of Investigative Powers 1.1 – Delegation Pursuant to a written delegation of powers dated May 26, 2021, Edward T. McDermott ("Mr. McDermott", or the "Integrity Commissioner"), in his capacity Page 343 of 445 2 as Integrity Commissioner for the City of Niagara Falls ("Niagara Falls" or the "City"), delegated to Michael L. Maynard ("Mr. Maynard" or the "Investigator") pursuant to section 223.3(3) of the Municipal Act, 2001, certain of his powers and duties as Integrity Commissioner to inquire into, investigate, and prepare a report (subject to his review and approval) (the "Report") with respect to certain aspects of the complaint (the "Complaint") described herein. 2.0 The Complaint 2.1 – Receipt of the Complaint The Complaint was submitted by the Complainant, Mr. Gary Wilkins (the "Complainant" or "Mr. Wilkins") and received by the Integrity Commissioner on April 23, 2021. The Respondent named in the Complaint is Councillor Chris Dabrowski (the “Respondent” or “Councillor Dabrowski”). A Consent and Confidentiality Agreement was signed by the Complainant on May 4, 2021, at which point the Complaint was perfected. 2.2 – Summary of the Complaint The Complainant has advanced an allegation that Councillor Dabrowski contravened sections 1.2 and 3 of the Niagara Falls Council Code of Conduct (“Code”) by calling the Complainant by way of email a “bully and an abuser” and by telling him to “Please find a hobby other than harassing my fellow colleagues via email and on social media”. The Complainant also took exception to the fact that the email was copied to all Members of Council. 2.3 – Code of Conduct The relevant sections of the Code of Conduct referenced in the Complaint read as follows: 1. PURPOSE AND PRINCIPLES […] 1.2 The public expects the highest moral and ethical standards of conduct from Members that it elects. The behaviour and actions of Members is expected to reflect the Page 344 of 445 3 principles of accountability, transparency, and public trust. Adherence to these standards will protect and maintain the City’s reputation and integrity. […] 3. CONDUCT OF MEMBERS A Member shall at all times conduct themselves with propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy, recognizing that a Member is always a representative of the City and of their elected office. A Member shall at all times conduct themselves with decorum and in accordance with the City’s Procedural By-law during any meetings and in a manner that demonstrates fairness, respect for individual differences, and an intention to work together for the common good and in furtherance of the public interest. 3.0 The Investigation Process 3.1 – Review of Statements and Evidence The investigation into these matters involved an investigative process, as follows: 1. A review of the written submissions of the Parties: a. The Complaint of the Complainant, dated April 23, 2021; b. The Response of the Respondent, dated May 1, 2021; c. The Reply of the Complainant, dated May 9 and May 10, 2021; 2. Telephone Interviews, as follows: a. An Interview with Mr. Wilkins on June 10, 2021; b. An Interview with Councillor Dabrowski on June 10, 2021; c. 3. A review of relevant law, including: a. The Code; b. Relevant caselaw, as referenced herein. Page 345 of 445 4 3.2 – Procedural Fairness and Evidentiary Standard The principles of procedural fairness were followed in this matter. This Complaint was investigated with input from all involved parties who were provided with the opportunity to review the written statements of the other party and to provide oral evidence by way of interview. The evidence has been assessed in a fair and neutral manner. As with any civil matter in an adjudicative process, the standard of proof applied is the balance of probabilities standard. 4.0 Statements and Evidence 4.1 – The Complainant’s Written Submissions In his written Complaint, the Complainant wrote as follows: “I wish to register a Code of Conduct complaint against Councillor Dabrowski. In response to an email that I sent to all of Council on March 10th in which I expressed my disgust with the behaviour of our mayor, Councillor Dabrowski responded in a manner that was insulting, abusive and intimidating. “You're a bully and an abuser. Please, find a hobby other than harassing my fellow colleagues via email and on social media.” Section 1.2 of the Niagara Falls Code of Conduct states: “The public expects the highest moral and ethical standards of conduct from Members that it elects. The behaviour and actions of Members is expected to reflect the principles of accountability, transparency, and public trust. Adherence to these standards will protect and maintain the City's reputation and integrity.” Page 346 of 445 5 Councillor Dabrowski's aggressive and abusive response violates the principles discussed in section 1.2. Section 3 of the Code further states: "A Member shall at all times conduct themselves with propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy, recognizing that a Member is always a representative of the City and of their elected office. A Member shall at all times conduct themselves with decorum and in accordance with the City's Procedural By-law during any meetings and in a manner that demonstrates fairness, respect for individual differences, and an intention to work together for the common good and in furtherance of the public interest." Again, Councillor Dabrowski's response to me completely violates section 3. Rather than respond to the issue of which my email was clearly sent, (the disgusting behaviour of our mayor), Councillor Dabrowski chose to attack me personally. Labelling me a bully and an abuser is not something that is viewed lightly in today's world (thankfully), and for the Councillor to use such language against me is not something that I can ignore. Words like this from an elected official have the potential to do me great reputational harm, not to mention the fact that I feel it is an attempt at personal intimidation. Compounding all of this is the fact that Councillor Dabrowski called me those names in an email he cc'ed to all of Council. I have no idea how wide his email might be shared and am extremely dismayed by his decision to not only respond to me as he did, but to do so publicly. Page 347 of 445 6 He has slandered me, caused me reputational damage and has used his position within the community to label me as an "abuser and bully" and a harasser. Very seldom have I been so motivated by the actions of my council to send an email in response, and to have this kind of response is shocking to me. I was communicating a point of sincere and deeply held beliefs and in response was attacked by an elected official of Niagara Falls.” In addition to the above statement, the Complainant appended a screen shot of the exchange as evidence thereof. The full email exchange, which took place on March 10, 2021, reads as follows: Gary Wilkins (To all Members of Council): “When most of you were hugging your wives girlfriend or what ever for #international women day this is how Pandemic jim treated our city council member just weeks before. so disgusting you are.” Chris Dabrowski (Reply-All): “Gary, You're a bully and an abuser. Please, find a hobby other than harassing my fellow colleagues via email and on social media.” 4.2 – The Respondent’s Written Submissions “Dear Mr. McDermott, Please find my response below relating to Mr. Gary Wilkins code of conduct complaint against me submitted to your office in late April. First off, I’d like to point out that at all times I conduct myself on social media, in council chambers, via telephone and in emails in the best interest of our City and residents Page 348 of 445 7 with the utmost loyally, honestly and respect for all individuals. My response to Mr. Wilkins email dated March 10, 2021 and sent to all of council, stemmed from the fact for more than two years I have witnessed Mr. Wilkins publicly (on social media) bully and harass various members of our City Council. Although I do encourage public engagement and openness when it comes to matters concerning our City, I do not condone name calling, bullying and or harassment, publicly or privately, and I strongly believe Mr. Wilkins once again showcased inappropriate behaviour with the above- mentioned email by referring to our Mayor as “pandemic Jim”, while also referring to our loved ones as “wives, girlfriends or what ever”. This was a personal attack to me as well as fellow council members. I find it abusive and harassing in nature. Please find attached screenshots I was able to quite easily access on Facebook (they are public for all to access and see) that showcase examples of how Mr. Wilkins demonstrates uncalled for behaviour publicly, which I find harassing and bullying of nature, directed to members of our Council. This is just the tip of the iceberg; however, I feel the attachments are sufficient in explaining the reasoning behind my response to Mr. Wilkins. Please note these screenshots were obtained publicly and include references to specific member of our council as “POS”, “Dumb”, “ass clowns”, and in one of his public comments outlined in the screen shots outlines admission of a physical threat to a member of council. In a time where we as a world need to work together and stay positive, I cannot condone this type of behaviour publicly, and will not tolerate emails directed towards Page 349 of 445 8 myself or members of our council that I deem to be personal attacks. In response to Mr. Wilkins concern about his email being shared outside of members of our Council, I protect all emails that are sent to our City Council accounts (as well as my personal accounts) with confidentiality at all times, and I trust my fellow council members do the same. This will be my first and final response to this matter.” As noted in his Response, the Respondent provided various screenshots of social media posts by the Complainant in evidence of his assertions that the Complainant has used insulting and abusive language about Members of Council on various occasions. 4.3 – The Complainant’s Reply On May 9, 2021, the Complainant forwarded an email written by a third party [Anon] and sent to him by the same individual on May 8, 2021. The forwarded email contained a draft of the Complainant’s reply which appears to have been prepared by the third party. The following day (May 10, 2021) the Complainant then sent a second email containing only the substantive reply which was identical to the one he had forwarded the day before, but appearing as an original email (i.e., not a forwarded one). Both documents were forwarded to the Respondent Councillor to complete the written statements of position in this matter. In both versions of the Reply, the Complainant forwarded / wrote as follows: “Councillor Dabrowski seems to rely on his assertion that he is frustrated by “more than two years” of what he calls “bullying, and or harassment” on social media. In response I would say the following: I have a Charter right to speak out against my government, I do not have to raise my level of speech to a level that meets the approval of Councillor Dabrowski. Citizens who are resisting their government have many hurdles to Page 350 of 445 9 overcome, most especially when they are confronting a government that is as broken, and as controlling, as I believe this Niagara Falls council is. Mr. Dabrowski, along with all the men on this council have shown how they are able to control the narrative and use the system to their advantage, he can not however control me or my speech. I have never agreed to adhere to the city’s code of conduct and my right to make fair political comment is well grounded in Canadian case law. Councillor Dabrowski seems to be trying to justify his treatment of me by saying that in his mind I deserved it. This is a childish mentality and is not a defensible response. The code of conduct is explicit on the behaviour it expects from our elected officials, Councillor Dabrowski seems to imply that there is an escape clause if he feels the person deserves what he is saying about them. I am unaware of that escape clause and am quite certain it does not exist. Niagara Falls city council is controlled by a group of men who harass, bully and control the women on council who refuse to play into their agendas. For those of us who follow council closely it is plain to see. Councillor Dabrowski may consider himself the self- appointed defender of the Mayor, but he has no right to treat any member of the public in the manner that he did, the code is quite clear on that. Councillor Dabrowski continues to demonstrate a disdain for the Code of Conduct complaint system with his comment “This will be my first and final response to this matter.” Apparently he believes this process is beneath him, or that he does not need to waste his time explaining his actions. He has offered no real explanation or contrition for his public remarks against me, but instead has doubled down on them. Councillor Dabrowski is displaying a glaring lack of understanding into the Code of Conduct he is held to, or Page 351 of 445 10 a flagrant disregard for it. Either way he should be held accountable.” 4.4 Interview with the Complainant During his interview, the Complainant reiterated the circumstances described in his Complaint. He advised that Councillor Dabrowski's words hurt him. In his view, the Complainant has never been a bully, contrary to the Councillor’s assertion. On the other hand, the Complainant advised that he had himself experienced bullying, and so to be labelled as such felt unjust to him. The Complainant added that he is “fed up with how they [male Councillors] are treating our female councillors,” which is why he wrote his initial email to Members of Council on March 10, 2021. 4.5 – Interview with the Respondent Councillor Dabrowski stated that the Complainant has a history of attacking people online by using disrespectful and insulting language (as indicated and evidenced in the social media attachments issued by the Complainant which were attached to the Councillor’s written Response, supra). In Councillor Dabrowski’s view, disagreement is acceptable and welcome, but disrespectfulness is not. Councillor Dabrowski asserted that the Complainant’s comments via email (and via social media previously) are negative and ill-willed. In his March 10, 2021 email to Members of Council, the Complainant had, in Councillor Dabrowski’s view, insulted the Mayor, while also making what the Councillor perceived to be a disrespectful reference to the “wives and girlfriends or what ever” of Council Members. In Councillor Dabrowski’s view this email required a direct response. Councillor Dabrowski stated that the Complainant has called Members of Council various insulting names and continues to do so, including by using vulgarities such as “POS” and “ass-clowns” in reference to Member(s) of Council. Page 352 of 445 11 In the Councillor’s view, the Complainant’s behaviour was bullying and harassing in nature and required a direct response. As far as the issue of copying all Members of Council was concerned, the Respondent asserted that he hit “Reply-All”, as the Complainant himself had copied all Members of Council on his initial email. The Respondent Councillor asserts that there was no intent on his part to embarrass the Complainant by expanding the audience for the exchange; he simply replied to all parties who were already included by the Complainant. Lastly, the Respondent acknowledged that he might have used different words in his reply, such as perhaps referring to the Complainant’s behaviour as “bullying” or “harassing” rather than labeling the Complainant a “bully” and “abuser” himself. However, the Respondent ultimately stands behind his decision to respond to the Complainant as he did because, in his view, the Complainant was acting, repeatedly, in an abusive manner, and the Councillor determined that it could no longer go on without a reply. 5.0 Analysis and Decision 5.1 Issues The issues to be addressed in this investigation and Report are: 1. Did Councillor Dabrowski contravene section 1.2 of the Code? 2. Did Councillor Dabrowski contravene section 3 of the Code? 3. If Councillor Dabrowski contravened either of the above referenced sections of the Code, what is the appropriate remedy? 5.2 Decision QUESTION 1: Did Councillor Dabrowski contravene section 1.2 of the Code? No. In several previous Integrity Commissioner Reports filed with Niagara Falls City Council (e.g., IC-182-0220 and IC-11926-1120) the Integrity Commissioner, Mr. McDermott has found that the provisions under Section 1 “Purpose and Principles” of the Code were not enforceable as positive obligations; rather, it was Page 353 of 445 12 determined that this section “provides a general underpinning for the substantive rules contained within the Code of Conduct that follow.” Citing previous caselaw (Durham Region (Council Member) (Re), 2018 ONMIC 3), Mr. McDermott held: “A general underpinning principle has been found in other Integrity matters to not place a positive obligation on a Member of Council to do or refrain from doing any specific act; rather, a statement of principle provides a basic rationale and underpinning for any substantive rules in the Code that do place such positive obligations on Council Members.” The same finding applies in these circumstances. Accordingly, there can be no finding of a breach of Section 1.2 of the Code in this present matter. QUESTION 2: Did Councillor Dabrowski contravene section 3 of the Code? While it is clear that Councillor Dabrowski’s emailed retort to the Complainant was intemperate and probably inappropriate, it is also clear that the Councillor was provoked by repeated cases of the Complainant using inflammatory and/or insulting language about various Members of Council. There is no doubt that members of the public are (and ought to be) free to criticize their government. However, there is a line between criticism and insult, and the Complainant clearly engaged in the latter on several occasions. The Complainant’s employment of terms like “ass-clown” and “POS” in reference to Members of Council, and his reference to the Mayor as “Pandemic Jim” in an email to all Members of Council on March 10, 2021, are clear cases of abusive and insulting language. While it is not within the purview (nor indeed is it the desire) of the Integrity Commissioner to regulate the language of a private citizen who has no Code of Conduct governing his speech, the conduct of a Complainant can nevertheless impact on the Integrity Commissioner’s consideration of the matters at issue placed before him. Specifically, in this case, the abusive language employed by the Complainant – while not operating as an “escape clause” (as the Complainant referenced in his Reply) – does nevertheless provide a mitigating Page 354 of 445 13 circumstance which must be considered vis-à-vis Councillor Dabrowski’s conduct in this instance. In Darbyson v Maika1, Town of Madawaska Valley Integrity Commissioner, Mr. Guy Giorno, considered a case in which two individuals, one of whom was a Council Member and one of whom was a resident, engaged in an altercation with one another. While the altercation in that case was much more severe and serious in nature than the one being considered in this present matter, the principle that Mr. Giorno expresses in his decision in Darbyson is one that is, in our view, applicable here. Mr. Giorno found, in part, as follows: “58. The evidence is that both the Complainant and the Respondent took part in the verbal altercation. Both contributed to what happened. 59. Only one participant, however, is subject to the Code of Conduct. Only one participant filed a Complaint against the other. Nonetheless, the evidence is that both individuals were involved in what took place. 60. A finding that only one of the two individuals contravened the Code would be inconsistent with the evidence and would not fairly reflect what occurred. It would be unreasonable and inaccurate to find that only one individual is responsible for the incident. 61. Because of shared responsibility for the yelling, swearing, insulting and pushing against the door, I cannot find that only one individual is at fault.” [emphasis added] In this present matter, the Complainant, Mr. Wilkins, engaged in name-calling against Mayor Diodati by email, and made a reference to “wives, girlfriend or what ever” (of Council Members) which Councillor Dabrowski found to be insulting and abusive. These comments followed a series of instances in which the Complainant has used derogatory and profane language about Members of Council, as evidenced in the materials provided by the Respondent. 1 Darbyson v. Maika, 2019 ONMIC 7 (CanLII) Page 355 of 445 14 The Respondent indicated that he essentially lost patience with the Complainant due to such persistent insults and accordingly responded in kind. The Respondent acknowledged that he could have phrased his comments more delicately or constructively (by perhaps point out that the Complainant was acting in a bullying manner, rather than by calling him a “bully). However, the Complainant ultimately stands behind his decision to tell the Complainant off because he believes that in doing so, he was sticking up for his Council colleagues who had been repeatedly insulted by the Complainant. The circumstances here parallel those of Darbyson in that we have a situation where two individuals mutually engaged in inappropriate conduct towards one another (though in this present case, the Parties thankfully engaged in trading only insults). In our view, both Parties are responsible for what unfolded. To find that only one of them is guilty would be inconsistent with the evidence and would create an unjust result. Accordingly, in the particular circumstances of this case, we are not prepared to make a finding of a Code contravention against the Respondent, Councillor Dabrowski. However, as a word of caution to all Members of Council in general, and to Councillor Dabrowski in particular: There are reasonable limits on what could be considered excusable by this logic. A disproportionate response to insulting behaviour in the form of a serious escalation of a dispute through (for example) the use profanity or the utterance of threats, the use of physicality, or the carrying out of some act with the clear intention of causing public embarrassment or ridicule, may not be viewed similarly to this present matter, and could result in a finding of a Code contravention. All Councillors are accordingly reminded to maintain a high bar on their conduct when interacting with others. Page 356 of 445 15 QUESTION 3: What is the appropriate remedy? As no finding of Code contravention has been made, there are no remedies to be considered or proposed. 6.0 Conclusion and Recommendation(s) 6.1 – Conclusion For all of the above reasons, it is concluded that no Code of Conduct contravention was committed by the Respondent. Accordingly, the Integrity Commissioner makes no recommendations in this matter. 7.0 Endorsement and Issuance of Report by the Integrity Commissioner 7.1 – Endorsement and Adoption of Report by the Integrity Commissioner As the Integrity Commissioner for Niagara Falls, I confirm that I have fully reviewed the process of the investigation conducted by my delegated investigator, Mr. Maynard, as detailed in this Report and have approved it. He and I have jointly prepared this Report, including its findings and conclusions, with which we both agree, and I hereby issue it to the Parties and to Niagara Falls City Council in conclusion of this matter. Yours truly, ________________________ Edward T. McDermott Integrity Commissioner, City of Niagara Falls _________________________ Michael L. Maynard Investigator Office of the Integrity Commissioner Page 357 of 445 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 July 5, 2021 LNTC 4-2021, June 30, 2021 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Niagara Transit Governance - Revised Strategies Reflecting Phase 1 Municipal Consultation LNTC-C 3-2021 The Linking Niagara Transit Committee, at its meeting held on June 30, 2021, approved the following recommendation: That Report LNTC-C 3-2021, dated June 30, 2021, respecting Niagara Transit Governance - Revised Strategies Reflecting Phase 1 Municipal Consultation, BE RECEIVED and the following recommendation BE APPROVED: 1. That Report LNTC-C 3-2021 BE FORWARDED to the Clerks of Niagara’s twelve (12) local area municipalities and that they BE REQUESTED to have the Council’s of the twelve (12) local area municipalities advise the Regional Clerk of any additional municipal feedback on the revised Financial Strategy, Board Composition model, and Service Standards Strategy, no later than August 25, 2021. A copy of LNTC-C 3-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2021-100 Page 358 of 445 LNTC-C 3-2021 June 30, 2021 Page 1 Subject: Niagara Transit Governance - Revised Strategies Reflecting Phase 1 Municipal Consultation Report to: Linking Niagara Transit Committee Report date: Wednesday, June 30, 2021 Recommendations 1. That Report LNTC-C 3-2021 BE FORWARDED to the Clerks of Niagara’s twelve (12) local area municipalities and that they BE REQUESTED to have the Council’s of the twelve (12) local area municipalities advise the Regional Clerk of any additional municipal feedback on the revised Financial Strategy, Board Composition model, and Service Standards Strategy, no later than August 25, 2021. Key Facts • The purpose of this report is to present an updated financial strategy, service standards strategy, and revised board composition model supporting the creation of one consolidated transit Commission in Niagara. • These recommendations have been developed by the Governance Steering Committee (GSC), comprised of all thirteen (13) municipal Chief Administrative Officers (CAOs) across Niagara. The GSC was created to review and address feedback provided by local area municipalities (LAMs) during the ‘Phase 1’ consultation roadshow. • Based exclusively on Phase 1 feedback, the GSC has recommended significant updates to three primary elements to directly address this input: • Financial Strategy: the recommended financial strategy proposes that all the local municipal transit service budgets be uploaded to the Commission in 2023 and to be consolidated with the Region’s transit budget and to be assessed to the local area municipalities by way of special levies to be approved annually by the Region. o Services levels are different in each municipality; therefore, the Region proposes that twelve (12) Special Levies be adopted in 2023. Each special levy will allocate 65% of 2023 net transit costs based on service hours, with Page 359 of 445 LNTC-C 3-2021 June 30, 2021 Page 2 ______________________________________________________________________ existing Niagara Regional Transit services continuing to be allocated to the special levy based on local share of Region wide assessment. o The 2023 estimated Commission baseline service budget will require a 7.3% increase to the Regional Budget with equal and concurrent reductions to Municipal budgets therefore minimizing the net residential impact. • Board Composition – a transitional board comprised of fifteen (15) elected officials with each municipality having representation. A governance review to be undertaken in year three of operation. • Service Standards Strategy – Niagara-wide service standards that detail short- term enhancements (1-3 years) in each community to achieve consistent, equitable access to transit for all Niagara residents, in advance of a longer term network review planned in year five of the Commission’s operation. • Subject to approval of the recommendation of this report, the next step will be a second round of consultation with LAM councils. This will provide LAMs an opportunity to review the recommended updates and provide additional input by late August. • This report does not initiate the triple-majority approval process. It is anticipated that the triple-majority vote will occur after the consultation on this report has been completed and any feedback incorporated. The triple-majority approval process is anticipated to occur in Fall 2021. Background In the fall of 2020, LNTC-C 4-2020 presented the results of the Niagara Transit Governance Study (NTGS) with the recommendation of a Commission governance model, a proposed board structure, and a transition plan. This report also recommended a financial strategy developed in parallel to and in support of the NTGS. At the direction of LNTC, consultation with each of Niagara’s twelve (12) LAMs followed as opportunity for review and feedback. This Phase 1 consultation roadshow occurred through Q1 2020, with feedback centering on three primary or common themes: the financial strategy, composition of the board, and the need for a more defined (but high level) service strategy. Beyond the major themes, additional feedback and concerns specific to each municipality was also received. Page 360 of 445 LNTC-C 3-2021 June 30, 2021 Page 3 ______________________________________________________________________ The GSC was created, comprised of all thirteen (13) municipal CAOs, with a mandate to reflect LAM feedback in revised strategies and models. A series of six workshops were convened through Q2 2021 to address the identified issues and arrive at a consensus recommendation addressing the three common themes, as shown in Figure 1. Figure 1 - Transit Governance Process The purpose of this report is to present the results of this process and the revised financial strategy, board composition model, and service strategy that have been recommended by the Governance Steering Committee. These revised strategies are intended to directly address the feedback received from LAMs during Phase 1 consultation. Page 361 of 445 LNTC-C 3-2021 June 30, 2021 Page 4 ______________________________________________________________________ Financial Considerations To realize the consolidation of transit services across Niagara, the funding strategy must establish: • the baseline or start-up budgets for the Commission and the basis for levy and tax rates to the residents; • how one-time start-up and transition costs associated with the establishment of the Commission will be funded; and • how transit-related assets currently owned by LAMs will be transferred and funded on a long-term basis. The recommended financial strategy proposes the Region to upload the estimated baseline local transit service net expenditure using 2020 budget at $27.8 M and estimated to be $29.4M in 2023. The upload to the new Regional Commission will occur in a single year and be levied back on each of the LAMs using twelve Special Levies, one for each municipality, established by the Region with each year’s budget process. The proposed model ensures that future service growth plans are paid for by the municipalities which receive the services, using the corresponding 12 Regional Special Levies. The 2023 estimated Commission baseline service budget requiring a 7.3% increase to the Regional budget would be offset by equal and concurrent reductions to Municipal budgets to minimize the residential taxpayer impact from transit consolidation. The financial strategy allocates the local net operating costs plus incremental capital, which represent approximately 65% of 2023 Commission net transit costs to be allocated to each Special Levy based on service hours. Existing NRT services will continue to be allocated to the Special Levy based on municipal share of Regional assessment. The short term service strategy and future transit growth will be subject to future budget approvals, and will directly impact the costs apportioned to each municipality. The financial strategy was evaluated based on the feedback received during the LAM presentations and described in Table 1 below. Page 362 of 445 LNTC-C 3-2021 June 30, 2021 Page 5 ______________________________________________________________________ Table 1 - Model Option Evaluation Evaluation Criteria: Municipal Specific Tax Rates (12) Special Levies Demonstrated value to Municipalities for added investment Collectively leverages practices to reduce total regional cost by $9.0M in debt financing and $14.0M in capital over 10 years Funding tied to services residents receive Substantial share (65%) of service cost tied to municipal specific service hours Alignment and adjustments tied to service expansion costs A desire for ability to “top up” or add extra or enhanced services Will change service hours for LAM and be allocated to LAM specifically Consistent with Guiding Principles: Economically Responsible No more than current Regional costs and related inflation apportioned to LAMs using region wide assessment. Mimic current General Levy financial distribution. Consistent with Guiding Principles: Fair Percentage distribution of costs between Conventional service and Alternative service LAMs in line with Status Quo (74/26) The estimated incremental requirements for the Commission’s transit budget during years 2023-2033 have been modeled to include estimates for the following components using the following strategies subject to future Regional budget approval (see Appendix 1 for financial estimates). Note that all modelling is estimated based on 2020 budgets and would be adjusted prior to 2023 to reflect most recent financials. Base Budget The total base service costs for 2020 ($44.2M) are adjusted annually for inflation by 1.5%. The estimated base service net operating budget for 2023 of $46.4M includes $28.7M for local service, $0.7M in local debt payments, $15.8M for regional service and $1.3M in regional debt payments. Page 363 of 445 LNTC-C 3-2021 June 30, 2021 Page 6 ______________________________________________________________________ Provincial Gas Tax (PGT) Currently $1.5M of Provincial Gas Tax (PGT) is used annually to offset operating expenditures in local transit budgets. PGT can be maximized by preserving it to be used to support capital replacements. The financial strategy proposes the reduction of $0.3M annually in the operating budget for 5 years to provide funding for fleet replacement. The annual incremental Regional budget required is 0.1% beginning in 2023 and ending in 2027. On-Demand/ Specialized Services Currently there are a number of contracted services for on-demand and specialized transit services across Niagara. Phase 2 of the service planning strategy proposes $5.0M in capital in 2024 (1.2% Regional budget increase) plus an additional $1.0M in net operating costs beginning in 2025 (0.2% Regional budget increase) to reduce the number of contracted services and allow the Commission to provide the services in- house. Service Standardization and Growth The current Niagara transit system will require an additional 55,000 hours of enhancements to local and regional service levels to standardize daily schedules across all municipalities (Phase 1 of the Service Planning Strategy). The service enhancements would begin in September 2024 with a partial year net operating increase of $1.2M (0.3% Regional budget increase). The fully annualized net operating impact is $5.0M therefore an additional Regional budget increase of 1.0% would be required in 2025. The Commission Phase 3 service planning strategy will include a comprehensive network review in 2025 and may deviate from the conservative growth projections provided by the NTGS. However, based on preliminary forecasts a conservative growth strategy would require an additional net operating budget increase of $4.0M phased in between 2026-2030 with a total Regional budget increase of 1.0% (see Appendix 2). Page 364 of 445 LNTC-C 3-2021 June 30, 2021 Page 7 ______________________________________________________________________ Capital A. Capital Asset Transfer to the Commission & the Cummings Principle Based on the recommendation from the NTGS as part of the peer jurisdictional review, the CAO Working Group (established by the Linking Niagara Transit Committee (LNTC) to oversee and direct the Project Team to deliver the NTGS) has endorsed the use of applying the Cummings Principle to the future transfer of assets from the LAMs to the new Commission. The premise of the Cummings Principle is to transfer assets (and related outstanding liabilities), from one municipality to another with no additional compensation, since transferring assets for additional compensation results in the taxpayer paying twice for the same public asset. This principle, established through judicial precedent, has been applied for over four decades in the municipal setting throughout Ontario, as well as in the vast majority of transit consolidations reviewed as leading practices. The use of the Cummings Principle is also well aligned to Niagara’s established guiding principle of fairness, which respects the existing investments made by communities. B. Capital Replacement Strategy i. Capital Growth Niagara Region is currently conducting a Development Charge (DC) review and will propose that a Transit DC be established to fund future capital growth. The Transit DC will be used to mitigate capital requirements resulting from the service expansions outlined in the NTGS. The conservative growth strategy estimates an additional $15M in new capital to achieve the associated service growth outlined in the previous section. The financial strategy applies a 5 year growth plan beginning in 2026, however Phase 3 of the Service Planning Strategy incorporates a fulsome service review in 2025 and therefore forecasted growth between 2026 and 2033 may vary from the NTGS. ii. Capital Reserve Strategy Currently Niagara transit operators collectively receive $6.8M annual in PGT, with $1.5M being used to mitigate net operating costs (see section above). The financial strategy, beginning in 2023, establishes a 5 year phasing out of PGT for operating and directs these funds towards fleet replacements. The existing PGT funding contributes to Page 365 of 445 LNTC-C 3-2021 June 30, 2021 Page 8 ______________________________________________________________________ 65% of annual fleet requirements therefore leaving a funding gap of $6.5M ($3.5M for fleet replacements plus an additional $3M for all other capital requirements). The proposed capital reserve strategy recommends that this $6.5M gap be addressed over a three year period by way of an incremental increase in the Commission budget to provide for a transfer to capital reserve. The total budget impact from the proposed reserve strategy is an annual incremental Regional budget increase of 0.53% each year for 3 years. The proposed strategy ensures appropriate funding for annual fleet replacements by 2025, with all capital requirements being met by 2030 (See Appendix 3). The reserve strategy also proposes that as growth occurs, that future annual transfers to reserve are adjusted accordingly. The increased fleet to meet future service growth is phased in over 5 years beginning in 2026 and is estimated at $15M. The total proposed capital investment including the $5M in 2024 to reduce contracted services will require an additional $1.8M in annual transfers to reserve to ensure adequate funding for future vehicle replacements. Transition Costs The NTGS provides a range of estimated transition costs which include those costs that are related to the transition team plus other one time and incremental costs necessary for transit consolidation. Key activities include the legal establishment of the Commission, development of initial strategic and branding plans, development of transfer agreements, and performance monitoring. These one-time costs have been estimated at a total of $3.85M to $4.96M over the course of 4 years from 2021 through 2024. Currently the transition costs are anticipated to be funded through a combination of existing budgets previously established for NRT as well as Provincial/ Federal transit funding programs. The Ministry of Transportation supports Niagara to regionalize transit with improvements to service integration and harmonizing concessions. Phase 3 of the Federal and Provincial Safe Restart Agreement (SRA) funding supports the transformation of transit structures/governance between neighboring municipal governments and allows for funding to mitigate up to 50% of one time transition costs. The Region will continue to advocate to the Province to provide additional funding mechanisms in the case that SRA Phase 3 will not provide sufficient funds after local transit budget expenditures are used for current operating. Page 366 of 445 LNTC-C 3-2021 June 30, 2021 Page 9 ______________________________________________________________________ Commission Common Fare Strategy Currently local transit fares are $3.00 while Regional trips require $6.00 to gain access to local connections. The total impact of moving to a single $3.00 fare to ride across Niagara is estimated at $2.6M or 0.6% increase to the Regional budget. The existing revenue sharing-agreements between NRT and Local operators, flow 45% of all NRT fare revenue to local operators therefore resulting in a proportionately larger impact in the service hour based Special Levy allocation. Table 2 - Revenue Impact - Common Fare Strategy Common Fare Strategy Revenue Impact Transit Operator Impact $ impact Cash/Pass Revenue Share Agreement (55% Regional/ 45% Local) Regional Impact ($0.08) Local Impact ($0.63) U-Pass Agreement Local Tap Rate Agreement Local Impact ($1.88) Total Estimated Revenue Loss from Single Fare ($2.59) Regional Budget Impact 0.6% Prior to COVID-19, the Niagara College U-Pass agreement contained a per student ridership ‘tap’ rate of $0.75 to ride on local transit. The common fare strategy and transit consolidation may eliminate this incremental revenue, however future Niagara College U-Pass agreements would be structured similarly to existing agreements between St. Catharines and Brock University Students’ Union, ensuring that incremental transit service driven by student demand does not impact the taxpayer. Special Levy - Municipal Act Section 326 Special Services The establishment of a Special Levy, as defined in the Municipal Act for Special Services (section 326 (2) (b)) states “service or activity being provided or undertaken at different levels or in a different manner in different part of the municipality”. Page 367 of 445 LNTC-C 3-2021 June 30, 2021 Page 10 ______________________________________________________________________ Table 3 - Criteria for Special Levy Establishment 12 special levies requires 12 service levels 2023 Service Hours per Household All different Service Hours per Capita Most different Frequency of Service Few different Type of Service: Conventional, On-Demand, Specialized, Blend Few different The ability to maintain 12 special levies should be monitored annually as part of service strategy and consideration given to fewer levies as service levels become aligned. Transit Consolidation 2023 Financial Impact The estimated municipal apportionment for each of the 12 Special Levies is represented in Appendix 4 for both the operating budget of $46.4 M and the first year of the capital replacement strategy of $2.2M. Current and projected cost portions have been aggregated by type of service, with conventional service municipalities representing St. Catharines, Niagara Falls and Welland, while all remaining municipalities are considered alternative services. Currently conventional transit municipalities represent 77% of all transit costs, under the recommended financial strategy these municipalities will be apportioned 74% of the total consolidated transit operating budget and 85% of capital. Board Composition The GSC has recommended a revised governance structure that would establish a transitional Commission Board for a minimum three-year period comprised of fifteen (15) elected officials. A transitional Commission Board reflects two core principles and areas of LAM feedback on the NTGS model: 2033 Few different –Service Strategy outcomes influence long term “service level” and may not maintain a different service level across all municipalities as currently exists. Page 368 of 445 LNTC-C 3-2021 June 30, 2021 Page 11 ______________________________________________________________________ • the need for more frequent and direct representation for all municipalities; • [while] maintaining representation for larger municipalities proportional to their ridership and financial contributions. This transitional Commission Board will be reviewed after three (3) years by a third- party to ensure that the composition, size, and share of representation has resulted in an effective governing body that is achieving the strategic objectives of the Commission. This review will consider options including maintaining the transitional fifteen (15) member structure, other fully elected boards with a smaller number of total representatives, and hybrid board structures that include public skills-based members in line with the recommendation of the NTGS. The GSC maintains the position that the establishment of a hybrid governing model remains a preferred outcome for the future permanent Board structure and should be strongly considered during the Year 3 review. The key features of the recommended transitional model are as follows: • A fifteen (15) member transitional Commission Board comprised exclusively of elected representatives, with the City of St. Catharines receiving three (3), the City of Niagara Falls receiving two (2), and each of the other ten (10) municipalities receiving one (1) full-time representative. o The additional representatives for St. Catharines and Niagara Falls reflect their significantly greater share of transit ridership in Niagara. • Municipal representatives for the Commission Board will be recommended to Regional Council by each local Council, and can be either Regional or Municipal Councillors. While local Councils will be asked to forward recommendations for nomination to the Board, final responsibility and authority for appointing members to the Board will rest with Regional Council, as the Commission will be an agency of the Region. This appointment responsibility resting with Regional Council ensures the Region, solely responsible for the funding of the Commission, retains necessary control in line with Public Sector Accounting Board (PSAB) principles. • The role and membership of the supporting Advisory Board will be expanded to balance the fully elected official transitional Commission board. Meeting frequency will be increased to quarterly from semi-annually, and stakeholders representing the perspectives of disability, youth, and seniors representatives will Page 369 of 445 LNTC-C 3-2021 June 30, 2021 Page 12 ______________________________________________________________________ be added. The Advisory Board provides non-binding advice and recommendations to the Commission Board. o The transitional Commission Board will have responsibility for appointing representatives to the Advisory Board. o Similar to representatives for the transitional Commission Board, local Councils will be asked to forward recommendations for the twelve (12) resident member positions. • The transitional Commission Board will report directly to Regional Council, which will have responsibility for approving the annual budget for the Commission. Figure 2 - GSC Recommended Board Structure Transitional Transit Commission Board Advisory Board (15) Total Elected Official Representatives • (3) St. Catharines • (2) Niagara Falls • (1) Fort Erie • (1) Grimsby • (1) Lincoln • (1) Niagara-on-the-Lake • (1) Pelham • (1) Port Colborne • (1) Thorold • (1) Wainfleet • (1) Welland • (1) West Lincoln (20) Total Public Stakeholder Representatives • (12) Niagara Residents (one per Municipality) • (2) Members representing Accessibility Advisory Committees or other Accessibility Stakeholders • (2) Post-Secondary Representatives (1 student union representative from Brock University and Niagara College) • (1) Member representing Niagara Chambers of Commerce • (1) Senior Issues Stakeholder • (1) Youth Issues Stakeholder • (1) Transit Commission General Manager (ex-Officio) Page 370 of 445 LNTC-C 3-2021 June 30, 2021 Page 13 ______________________________________________________________________ Transitional Transit Commission Board Advisory Board Members recommended by local Councils, appointed by Regional Council. Resident members recommended by local Councils, all members appointed by the Transit Commission Board. The move from the NTGS recommended nine (9) member hybrid board to a 15-member board directly responds to LAM feedback from ‘Phase 1’ consultation to achieve greater representation for smaller LAM municipalities. All Niagara LAMs will full-time representation on the transitional Commission Board and an opportunity to influence the establishment of the Commission and its initial operation directly. This influence is further supplemented at Regional Council, were Regional Councillors will provide direction to the Commission through the annual budget process. Niagara Service Standards Strategy The third area of common LAM feedback related the future levels of service to be delivered by the Commission – both in terms of ensuring the existing levels of service in their communities was maintained as a minimum, and how future enhancements would be planned and funded. The Niagara Service Standards Strategy, provided as Appendix 5, outlines a three- phased approach to the standardization and enhancement of transit service: • Phase 1 – Years 1 & 2 –Standard Operating Hours Across Niagara • Phase 2 – Year 3 – Combine Specialized and Demand Responsive Services • Phase 3 – Years 4 & 5 – Network Review and Growth The strategy takes the approach of establishing a series of common operational standards such as hours of operation, service frequency, and service coverage that the Commission will seek to meet through incremental service improvements in the first few years of operation. A comprehensive Network Service Review and plan is considered for Phase 3, the timing of which will allow for the Commission to properly assess its needs after the assumption of operation and at which time the impacts on transit ridership from COVID-19 will be better understood. This strategy is intended to act as an initial guideline for the Commission, demonstrating the types of services and improvements that could be implemented in the future. Within Page 371 of 445 LNTC-C 3-2021 June 30, 2021 Page 14 ______________________________________________________________________ the strategy, changes to service levels are examined through the perspective of each community to indicate the types of enhancements that they can expect to see as the service standards are achieved. The Commission and its Board, through its own planning studies (i.e. Network Service Review discussed in Phase 3), approvals, and budgets will make the final decisions about what service improvements will be provided. Strategy Comparison The financial strategy, revised board composition model, and service standards strategy recommended by the GSC significant updates to directly address the input received from LAMs. Below provides a summary comparison of the original NTGS and financial model and the revised strategies recommend by the GSC. Table 4 – Original NTGS and Updated GSC Recommendation Comparison Strategy NTGS and Original Financial Recommendation GSC Recommendation Financial • Single Regional Levy. • Costs distributed to the LAMs based on Regional property assessment. • Twelve (12) Special Levies. • Regional transit costs will be allocated to Special Levy based on local share of Regional assessment. • Local transit costs will be allocated to Special Levy based on local service hours. Board Composition • Nine (9) member hybrid board. • Two (2) rotating representatives for smaller LAMs. • Fifteen (15) member board comprised of elected official representatives. • Full-time representation for smaller LAMs. Page 372 of 445 LNTC-C 3-2021 June 30, 2021 Page 15 ______________________________________________________________________ Strategy NTGS and Original Financial Recommendation GSC Recommendation Service Standards • NTGS growth projections from Future State assessment. • Network Service Review prior to service launch • Niagara wide service standards • Short-term Phase 1 and Phase 2 enhancements precede a Phase 3 Network Service Review Appendix 6 connects these revised strategies back to the feedback received from each LAM, as well as additional areas of feedback that were identified outside the major themes. Next Steps and 2021 Workplan The GSC has recommended that a second round of LAM consultation be undertaken to present the revised strategies contained in this report, confirm issues have been addressed, and gather any additional feedback before proceeding to triple majority. Adoption of the recommendation of this report will initiate this consultation process, which is anticipated to occur over the summer of 2021. The Regional project team will work with the CAO, Mayor, and Clerk in each municipality to provide the level of support required as each Council develops their feedback and input. Figure 3 - 2021 Governance Workplan For clarity, adoption of this report and its consideration by the LAMs during the second round of consultation will not represent the triple-majority approval process. Page 373 of 445 LNTC-C 3-2021 June 30, 2021 Page 16 ______________________________________________________________________ Rather, input received through the second consultation period will be reflected in the final proposal advanced as part of triple-majority approval, anticipated to commence in early Fall 2021. Based on reflection of any second round feedback by the LAMs, the triple-majority approval process will begin with the consideration of a final report by LNTC, anticipated for September 29, 2021. This would then be followed by a Regional Committee of the Whole or Special Council meeting in mid-October. At that meeting, Regional Council will be asked to formally adopt the by-law initiating triple-majority, which will then be forwarded to each LAM for consideration through the remainder of Q4 2021. Triple majority support consists of: • a majority of all votes on upper-tier council [Regional Council]; • a majority of all the lower-tier [LAM] councils passing resolutions consenting to the by-law; • the total number of electors in the lower-tier [LAM] municipalities that have passed resolutions consenting to the by-law form a majority of the electors in the upper-tier municipality Should triple-majority be achieved, a one-year period would be required to establish the Commission and prepare for the assumption of day-to-day operations on approximately January 1, 2023. This transition is outlined in the NTGS. Communications and Engagement A communications strategy has been developed to support this workplan, and will be undertaken to further education, awareness and engagement on the move towards a region-wide single transit system. The primary objectives of this communication strategy are: • Provide councils with confidence that residents had the opportunity to understand the recommendations and provide their comments; • Provide transit stakeholders and supporters with the information and resources they need to engage in the conversation about consolidated transit for Niagara; and • Support the consideration of the triple majority vote to establish a new transit model for Niagara. Page 374 of 445 LNTC-C 3-2021 June 30, 2021 Page 17 ______________________________________________________________________ The strategy incorporates outreach to a wide variety of stakeholders across Niagara, including both groups who have been part of previous governance consultation programs, as well as additional stakeholders who have been identified by the GSC. These will include: • Niagara Residents - Transit users in municipalities that have both existing traditional transit service and that do not have regular, frequent traditional service; residents in areas with no service; and residents who currently do not use public transit; and • Transit stakeholders and supporters - Regional and local councillors; Chambers of Commerce and other Niagara business/employment groups; post- secondary institutions and student unions; and social services and other community non-profit organizations. The strategy will support both the municipal review and feedback period over the summer as well as the eventual triple-majority approval process and as such, is anticipated to commence in mid-July and run through Fall 2021. The strategy will feature the development of a dedicated project website, public feedback surveys, a communications toolkit, social and print media, and a comprehensive series of stakeholder consultation sessions. Alternatives Reviewed Financial Strategy The GSC reviewed and considered a total of eleven (11) different alternative Special Levy financial models in addition to the single General Levy originally proposed; nine (9) options developed twelve (12) unique regional Special Levy tax rates and two (2) options developed two (2) regional Special Levy tax rates. Models were based on a variety of combinations of allocations using per-capita, per-household, service hours and assessment. The GSC was guided in its evaluation by the series of principles and objects previously described in Table 1. These criteria were developed to directly reflect and address the feedback received from the LAMs during the first round of consultation. The financial strategy outlined in this report represents the consensus recommendation of the GSC. Page 375 of 445 LNTC-C 3-2021 June 30, 2021 Page 18 ______________________________________________________________________ Board Composition Development of the GSC recommended board composition began with a review of the Phase 1 feedback relative to the original recommendations of the NTGS. A series of alternative compositions were developed, including those that maintained a smaller total board size; that included public members to retain a hybrid model; that grouped smaller LAMs into rotating seats on the basis of geography, financial contribution, or ridership; and that maintained a single seat for larger LAMs. These models were ultimately rejected as they did not sufficiently address the feedback received from the LAMs or the principles established by the GSC of enhanced representation for smaller LAMs, while maintaining a proportional level of representation for larger LAMs. In particular, the GSC supported moving to a fully elected official model with a larger total size and away from the smaller hybrid model recommended by the NTGS to achieve the principle of representation for all LAMs. Niagara Service Standards Strategy The Niagara Service Standards Strategy places the undertaking of a comprehensive network review in Phase 3, approximately 4-5 years after the launch of the Commission. Alternative consideration was given to an earlier undertaking of this review, either prior to the launch of the Commission as recommended by the NTGS transition plan, or in Phase 1 or 2. This approach was not recommended as: • the enhancements recommended in Phase 1 and 2 are known or required improvements that should precede and be reflected in the network review; • a one (1) to three (3) year ‘steady-state’ period prior to major expansions or growth enhancements will allow the Commission to establish a new baseline for consolidated operations, one that will further reflect a post-pandemic transit ridership environment; • decisions regarding major strategic priorities and initiatives, including the required financial and resources investments, should be reserved for and made by the Commission itself, rather than determined during the approval-to- consolidate stage; and Page 376 of 445 LNTC-C 3-2021 June 30, 2021 Page 19 ______________________________________________________________________ • Initiating pre-launch review would require committing financial and staff resources in advance of achieving triple-majority authority to consolidate. Relationship to Council Strategic Priorities The proposed consolidation of transit services across Niagara into a consolidated transit entity directly aligns with the Council Strategic Priority: Responsible Growth and Infrastructure Planning (Objective 3.1) through advancing regional transit and facilitating the movement of people and goods. Other Pertinent Reports LNTC-C 2-2021 Niagara Transit Governance – Governance Stetting Committee Update LNTC-C 1-2021 Niagara Transit Governance – Detailed Phase 1 Consultation Summary LNTC-C 6-2020 Councillor Information Request – Niagara Transit Governance – Local Area Municipality Engagement LNTC-C 4-2020 Niagara Region Transit Governance Study CAO 8-2017 Niagara Region’s Transit Service Delivery and Governance Strategy LNTC-C 21-2018 Inter-Municipal Transit (IMT) Service Implementation Strategy Page 377 of 445 LNTC-C 3-2021 June 30, 2021 Page 20 ______________________________________________________________________ ________________________________ Prepared by: Scott Fraser, P.Eng. Transportation Lead GO Implementation Office _______________________________ Recommended by: Bruce Zvaniga, P.Eng. Commissioner of Public Works (Interim) Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in significant consultation with Heather Talbot, Financial & Special Projects Consultant – Financial Management and Planning; the Governance Steering Committee comprised of the CAOs from all thirteen (13) municipalities across Niagara; and reviewed by; Matt Robinson, Director, GO Implementation Office; Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer; Todd Harrison, Commissioner of Corporate Services/Treasurer. Appendices Appendix 1 Annual Special Levy Strategy Appendix 2 Service Standards and Growth Strategy Appendix 3 Capital Replacement and Reserve Strategy Appendix 4 Year 1 2023 Transit Consolidation 12 Special Levy Appendix 5 Niagara Service Strategy Appendix 6 Local Area Municipality Feedback Response Tracker Page 378 of 445 LNTC-C 3-2021 Appendix 1 – Annual Special Levy Strategy June 30, 2021 1 Regional Budget Increase1 2023 2024 2025 Total Net Operating Expenditures Base Budget (Inflation) 0.2% 0.2% 0.4% LOCAL TRANSIT SERVICE UPLOAD (incl. inflation between 2020 & 2023, debt servicing) 7.2% 7.2% Provincial Gas Tax (PGT) 0.1% 0.1% 0.1% 0.3% On-Demand/Specialized Services 0.0% 0.0% 0.2% 0.2% Service Standardization 0.0% 0.3% 1.0% 1.3% Growth Operating @ Conservative 0.0% 0.0% 0.0% 1.0% Capital Expenditures Capital Growth 0.0% 0.0% 0.0% 0.0% Transit DC Growth 0.0% 0.0% 0.0% 0.0% Capital Reserve Strategy 0.5% 0.5% 0.5% 1.6% On-Demand/Specialized In-house Fleet 0.0% 1.2% -1.2% 0.0% New/Growth Reserve Funds 0.0% 0.1% 0.0% 0.1% Sub Total 7.8% 2.5% 0.8% 11.1% Other Financial Impacts Transition Costs 0.0% 0.0% 0.0% 0.0% Commission Common Fare Strategy 0.0% 0.0% 0.6% 0.6% Total Consolidated Transit Impact 7.8% 2.5% 1.4% 11.7% Net Residential Impact 0.6% 2.5% 1.4% 4.5% Page 379 of 445 LNTC-C 3-2021 Appendix 2 – Service Standards and Growth Strategy June 30, 2021 Net Operating Projections 1 2020 2023 2025 2025 % of Service Hours Year 1 Upload (M$) % of Service Hours Phase 1 Service Standards (M$) St. Catharines 44% 17.3 41% 19.4 Niagara Falls 30% 12.3 28% 14.1 Welland 11% 4.7 12% 6.0 NOTL 2% 2.0 3% 2.7 Port Colborne 2% 1.0 2% 1.4 Pelham 1% 1.1 2% 1.4 Thorold 3% 1.7 3% 1.9 Fort Erie 5% 2.5 5% 3.0 Grimsby 1% 1.7 2% 2.1 Lincoln 1% 1.4 2% 1.8 West Lincoln 0% 0.5 0% 0.6 Wainfleet 0% 0.3 0% 0.3 Total 100% 46.4 100% 54.7 Regional Budget increase 7.3% 2.1% Conventional 85% 74% 82% 72% Alternative 15% 26% 18% 28% 1. Estimates based on 2020 budgets adjustments may be necessary prior to 2023 to reflect most recent financials 1 Page 380 of 445 LNTC-C 3-2021 Appendix 3 – Capital Replacement and Reserve Strategy June 30, 2021 1 0.00 2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 18.00 20.00 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033million $Capital Replacement Including Capital Reserve Strategy Available Funding Required Funding Reserve Balance Capital funding gap requires debt or deferral Page 381 of 445 LNTC-C 3-2021 Appendix 4 - Year 1 2023 Transit Consolidation 12 Special Levy June 30, 2021 1 Baseline 12 Special Levy Original Strategy 2020 Net Transit Budget 2023 Operating Budget Projection General Levy Local Portion Regional Portion Total % of Service Hours Local Portion Regional Portion Total 2023 Capital Strategy (Yr1) 12.0 St. Catharines4 13.1 4.2 17.3 44% 12.9 4.4 17.3 0.9 9.8 Niagara Falls4 8.6 3.5 12.1 30% 8.7 3.6 12.3 0.6 3.8 Welland2,4 3.1 1.4 4.4 11% 3.3 1.4 4.7 0.2 4.0 NOTL3 0.4 1.4 1.8 2% 0.5 1.5 2.0 0.0 1.5 Port Colborne3 0.3 0.5 0.8 2% 0.5 0.5 1.0 0.0 2.0 Pelham3 0.2 0.7 0.9 1% 0.4 0.7 1.1 0.0 1.9 Thorold 0.6 0.7 1.3 3% 1.0 0.7 1.7 0.1 2.9 Fort Erie3 1.1 1.0 2.1 5% 1.4 1.1 2.5 0.1 3.5 Grimsby3 0.3 1.2 1.5 1% 0.4 1.3 1.7 0.0 2.8 Lincoln3 0.2 1.0 1.2 1% 0.4 1.0 1.4 0.0 1.5 West Lincoln 0.0 0.5 0.5 0% 0.0 0.5 0.5 0.0 0.7 Wainfleet 0.0 0.2 0.2 0% 0.0 0.3 0.3 0.0 46.4 Total 27.8 16.4 44.2 100% 29.4 17.1 46.4 2.2 Incremental Regional Levy to be offset at Municipal level 7.3% 0.5% 55% Conventional 89% 55% 77% 85% 85% 55% 74% 85% 45% Alternative 11% 45% 23% 15% 15% 45% 26% 15% 1. 2023 Net Operating costs are based on inflationary adjustment for all other LAMS + removal of $0.3M in PGT used for Operating expenditures 2. Welland Local Transit Cost above is different than transit costs reported in Welland tax levy as the City recovers 15% corporate overhead in its charge to Region for NRT services included in the Regional tax levy; these costs would not be uploaded at time of consolidation. 3.On-Demand/Local Transit investment increasing between 2020 and 2023 4. Transit expenditures include debt payments Page 382 of 445 Niagara Service Standards Strategy LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 383 of 445 Niagara Transit Governance Service Plan 1 TRANSIT IN NIAGARA TODAY SECTION 1 THE STARTING POINT Effective public transit is about providing the connections and mobility required for residents to access and enjoy the employment, recreational, and institutional benefits that Niagara has to offer. It’s about connecting a student from their home to school, supporting an employee taking a new job in a different town, or ensuring a senior can access the medical services they require. Today, transit in Niagara is delivered through a mix of services and by different levels of government and transit agencies. Niagara Region is responsible for delivering trips between cities (referred to as inter-municipal service) through Niagara Region Transit (NRT) and has recently launched the Niagara Region Transit On-Demand (NRT OnDemand) pilot program to provide a new approach to transit in smaller communities. Larger cities like St. Catharines, Niagara Falls and Welland have their own local transit services that primarily use large buses on regular (or fixed) routes, where some smaller towns and cities have only recently introduced transit service. Figure 1 - Transit in Niagara Today (2021) LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 384 of 445 Niagara Transit Governance Service Plan 2 Significant work has been done in recent years make these systems integrate better together for the benefit of the riders. For example, the Intermunicipal Transit Working Group (IMTWG) was responsible for coordinating how Niagara’s transit systems responded collectively and collaboratively to the COVID-19 pandemic and has worked to ensure that common technologies are used across Niagara. Integrating into one transit system serving all of Niagara represents an opportunity to take these efforts even further – combining resources to deliver more and better service, providing easier connections between towns and cities, and effectively integrating with expanded GO Train service. For this reason, work has been completed to outline how this integration could take place – arriving at a recommendation that a single transit Commission be established that serves all of Niagara’s public transit needs. THE PLAN The purpose of this service strategy is to outline how transit in Niagara could be enhanced, should the combination of the existing transit services take place. This strategy considers three phases of improvements – in the short-term (Phase 1), a move to one set of consistent operating hours to ensure all residents in Niagara have the same level of availability of transit in their community and the ability to make consistent connections across Niagara. Phase 2 would follow, combining specialized transit (otherwise known as accessible or Para-transit) with other existing demand-responsive services. Lastly, in Phase 3, undertaking a detailed network review study that would look for future opportunities to expand and enhance Niagara’s transit footprint and significantly grow ridership in the long-term. 1.STANDARD OPERATING HOURS ACROSS NIAGARA 2.COMBINE SPECIALIZED AND DEMAND RESPONSIVE SERVICES 3.NETWORK REVIEW AND GROWTH LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 385 of 445 Niagara Transit Governance Service Plan 3 The roadmap and standards in this strategy will be a guideline for the future Commission, demonstrating the types of services and improvements that could be implemented in the future. The Commission and its Board, through its own planning studies (such as the network review discussed in Phase 3), approvals and budgets, will make the final decisions about what service improvements will be provided. The new transit Commission will also evaluate the performance of its services on a continual basis – starting right from its creation and in parallel with this strategy. At a minimum, there will be an annual performance review of required changes and service enhancements, which may include evaluation of route performance, ridership, new housing/commercial development, customer feedback, and opportunities to implement existing expansion priorities such as those identified in municipal transit and transportation master plans. TYPES OF TRANSIT Effective transit comes in many different forms, from large buses meant to move many people at once, through to smaller vehicles that connect residents in previously underserved communities. The right type of transit for a particular community is tailored to its needs: the demand or ridership anticipated and the density or character of the neighbourhood. This strategy and the standards discussed are organized into two primary types of transit: Conventional Transit This is the image that comes to mind when most people think about transit - a large bus (35’ or bigger) that stops at the corner, that comes by on a regular schedule, and that connects residential, employment and institutional areas with each other. It is most common in larger cities such as St. Catharines, Niagara Falls, and Welland. Alternative Transit Where conventional services aren’t the right fit – because of lower demand or ridership, the need to service larger geographic areas, or to meet the demands of residents with enhanced mobility needs – alternative forms of transit are better suited to address these influences for particular communities. Alternative transit is sub- divided into three types: • Community Bus – which operates smaller vehicles on a fixed route within a single community or town to provide local access to places such as such as seniors’ apartments, medical facilities, community centres and shopping centres. LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 386 of 445 Niagara Transit Governance Service Plan 4 • Demand Responsive Transit – otherwise known as on-demand transit or micro-transit where vehicles alter their routes each trip based on passenger demand without using a fixed route or timetabled schedule. • Specialized Transit – or Paratransit service, focused on assisting persons with mobility challenges, providing transportation from accessible door to accessible door, and using vehicles with features such as lifts and accessible seating. Vehicles alter their trips based on demand, rather than operating on a standard route or schedule. LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 387 of 445 Niagara Transit Governance Service Plan 5 SERVICE STANDARDS SECTION 2 What is a Service Standard? Service standards provide a consistent and fair way to evaluate both existing and proposed transit services. Standards work by establishing common thresholds for factors such as what the distance to the closest bus stop should be, what hours transit will operate, how frequently buses will serve each stop, and what type of service makes sense in a given community. Service standards are intended to provide a planning, design, and decision-making framework for transit services that operate efficiently and equitably across Niagara. They provide a framework for how to best serve transit riders’ diverse travel needs, while balancing budgetary and resource limits. The standards proposed in this plan are intended to be implemented in three phases. Phase 1 and Phase 2 are focused on standardizing the current service across Niagara so that all residents have consistent access to transit. Phase 3 then looks for opportunities to enhance and grow service – once a common and integrated level of service across Niagara has been established. Notwithstanding the above sequencing, during Phase 1 and 2 shorter term expansion and enhance opportunities, especially those already identified in documents such as municipal Transportation Master Plans, will be considered as part of the annual service review that the Commission will undertake. Service Coverage Service coverage defines the maximum walking distance to a bus stop for urban and rural areas. The goal of locating bus stops is to balance the number of bus stops to ensure fast and reliable service, with ensuring that stops are conveniently located and within walking distance of homes and key community destinations. In Niagara, this has been defined as: The maximum walking distance for greater than 90% of all residents within the Niagara Region is 400 metres to a bus stop. Service coverage is most applicable to conventional services that operate on a fixed route with dedicated stops, but also applies to alternative services such as community bus and demand- responsive transit. Specialized transit operates on an enhanced principle of ensuring trips take place from “accessible door to accessible door”. This standard is comparable with those applied in other peer jurisdictions. LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 388 of 445 Niagara Transit Governance Service Plan 6 Phase 1 – Years 1 & 2 Standard Operating Hours Across Niagara Each agency responsible for delivering transit in Niagara today currently sets its own hours of operation, independently balancing ridership and demand against budgetary and resource limitations in their communities. The result is an inconsistent mix of operating hours from a region-wide perspective – transit in one community may start earlier in the morning than it does in an adjoining community, or one may offer Sunday and holiday service where another does not. The first priority under a consolidated system will be to standardize the hours that transit operates across Niagara. The proposed hours of operation for a consolidated system, for all types of service, are: Monday to Saturday 6:00 AM to 12:00 AM (Midnight) Sundays & Holidays 7:00 AM to 9:00 PM Taking this first step will better serve residents by eliminating confusion between different hours of operation in adjacent communities and on different operating services (i.e. conventional and demand responsive), and by enhancing service hours in a number of communities. A transit rider travelling from one community to another can be confident that their connection will be operating still – and not need to check multiple schedules from different agencies. Standardizing operating hours will also assist in delivering efficient service. For example, when planning service the Commission will not need to account for different start and end times in different communities which are presently independently determined and misaligned. To the degree possible, standardization will occur in parallel with the assumption of operation by the Commission, but will be fully achieved over a two-year period as the Commission incrementally enhances service. Providing an increased number of service hours will require additional investment. The operating costs to deliver this enhanced service has been accounted for in the financial strategy that parallels this Service Strategy, and is detailed in Table 3 in the Community Perspectives section of this report. Based on a review of existing service hours and fleet complement, it is expected that this enhanced service can be delivered using existing fleet resources and that no additional capital investment would be required. LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 389 of 445 Niagara Transit Governance Service Plan 7 Requests for Enhanced Services There will be two opportunities for enhanced services to be provided in a municipality. Requests could be made from local Councils to the Commission for service improvements that would be included in future service planning; or through a direct ‘purchase’ of additional services based on a municipal contribution or rate. One potential application would be in extended service hours beyond the standard outlined here. For example, Niagara Falls may request additional hours of service on weekends during peak tourist season or St. Catharines may request additional evening service to serve its downtown core. These requests will be evaluated by the Commission as they are received, and would be delivered subject to available resources and funding. Phase 2 – Year 3 Combine Specialized and Demand Responsive Services As standard operating hours are achieved, opportunities to enhance services through more efficient delivery will be explored. The combination of specialized and demand-responsive transit into one combined service delivery model offers an opportunity to both improve the service residents receive, while more efficiently deploying the resources available to the Commission. While these two services currently operate separately (and independently by multiple municipalities) in Niagara today, specialized and demand responsive services share many similar characteristics. They both pick-up and drop-off passengers as close to their destinations as possible rather than at dedicated stops; and both operate on flexible routing – changing their journey based on demand or new pick-up and drop-off locations along the way. As a result, there is an opportunity to combine these services into one, removing the distinction between specialized trips and those currently provided by demand responsive transit. This combination will provide an equitable level of service for all residents in Niagara and permit a more efficient service delivery through a larger shared pool of resources and through scheduling efficiency. Ultimately, achieving a combination of these services will require further review and work to address operational requirements such as facilitating pre-booking of rides and supporting additional destinations for specialized users. Delivering a combined specialized and demand-responsive system will require the integration of the existing services and contracts that currently deliver these trips across Niagara – encompassing both the local services that deliver trips within communities today, and the regional services that provide trips across municipal boundaries. These services are currently LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 390 of 445 Niagara Transit Governance Service Plan 8 delivered through a mix of direct ‘in-house’ delivery by the local transit agencies and by contracted services to third-parties. The preferred approach for this integration is the assumption of existing specialized and demand responsive services and contracts by the Commission, working towards direct ‘in- house’ delivery of a combined service where it is deemed feasible and advantageous to do so. This approach is preferred as it gives the new Commission direct control over all resources to maximize efficiencies. Bringing this service in-house also gives the Commission control over the type of vehicles used to deliver a service that meets all passengers needs. Delivering a combined service ‘in-house’ will require the purchase of new vehicles to increase the available fleet and meet demand. The financial strategy that parallels this report incorporates this requirement by initiating a capital reserve strategy to fund new fleet acquisition. Phase 3 – Years 4 & 5 Network Service Review The new transit Commission will also conduct a comprehensive network review every 5-10 years. This review includes a review of the entire network structure and route performance. The first review is planned to occur after standard hours of operation are implemented, and all demand responsive and specialized improvements are made. These two changes need to be made before any other major service enhancements are considered. Notwithstanding, as part of the Commission’s annual review, minor modifications to service will certainly be considered where necessary. The Commission will also evaluate routes that may be required to service new developments, such as a GO Train station. All other enhancements, including those identified in LAM Transportation Master Plans, will be part of a comprehensive network review that will examine service across the region as a whole. Improving service frequency based on route performance guidelines will be the focal point of this review. Tables 1 and 2 illustrate service frequency and route performance guidelines that would be considered as part of this review. Table 1 – Service Frequency Operating Period Conventional (minimum frequency in minutes) Demand Responsive** (maximum wait time in minutes) Weekday Peak 30 60 Weekday Base 30 60 Weekday Evening 60 60 Saturdays 30 60 Sundays 60 60 Holidays 60 60 ** Maximum wait time is defined as the time from booking to pick-up Route/service performance should be assessed on the basis of total boardings per revenue vehicle hour, which is an industry standard key performance indicator that measures the volume LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 391 of 445 Niagara Transit Governance Service Plan 9 of riders compared to the supply of transit service. Different classes of routes have different performance expectations and ridership potential, and the performance target values should be established separately for each route type. Table 2 - Route Performance Guidelines (boardings per revenue vehicle hour): Route Type Weekday Daytime Evening and Weekends Conventional 15 10 Community Bus 8 6 Demand Responsive 3 2 It should be noted that if boardings for demand responsive service fall below 3 and 2 respectively as shown in Table 2, it does not mean that service levels will be reduced. It means that the transit Commission’s supply of vehicles on the road at that time may be too high and should be reduced. LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 392 of 445 Niagara Transit Governance Service Plan 10 TRANSIT IN NIAGARA TOMORROW SECTION 3 As the recommendations of the first network review and the standards outlined in this strategy are implemented, transit in Niagara will move towards a more harmonized and integrated system under the new Commission. Conventional services will operate with common operating hours and frequency, and alternative transit services - reflecting the level of demand in smaller communities - will ensure that appropriate investments are made for transit equity in all communities. Figure 2 - Niagara Transit (Post-Phase 3) In this scenario, conventional services are likely to continue to be concentrated in the municipalities where they most commonly appear today: St. Catharines, Niagara Falls, Thorold, and Welland. In parallel, alternative services will be most prominent in the other eight Niagara municipalities of Fort Erie, Grimsby, Lincoln, Niagara-on-the-Lake, Pelham, Port Colborne, Wainfleet, and West Lincoln. It should be noted that this is a generalization. For example, there are underserved neighbourhoods in Niagara Falls, St. Catharines and Thorold today that would best connected through more consistent demand responsive transit. There will also be a continued need to LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 393 of 445 Niagara Transit Governance Service Plan 11 connect communities primarily with alternative services to their neighbours through conventional services as is done today through the fixed inter-municipal transit routes. Specialized transit, identified under the alterative service model, will service the whole of Niagara. Community Perspectives While this strategy sets forth a vision for how standards and enhancements could be applied across Niagara, many of these improvements will be most directly felt at the local community level. This is especially true during Phase 1, where the move to common operating hours for both conventional and alternative services will directly expand the time transit is available in a number of communities as shown in Table 3 below. The costs associated with the additional hours of service indicated in Table 3 have been considered and incorporated as part of the overall financial strategy that parallels this document. In addition to the specific operating hour enhancements detailed above, the following sections provide an overview of the changes each community could experience as the three phases of the strategy are enacted and transit growth occurs. LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 394 of 445 Niagara Transit Governance Service Plan 13 Table 3 - Phase 1 Operating Hour Enhancements Municipality Service Increase Additional Annual Operating Hours Fort Erie Alternative Transit - Demand Responsive + Three hours of additional service weekdays and Saturday + Sunday and Holiday service 2,600 Grimsby Alternative Transit - Demand Responsive + Three hours of additional service weekdays and Saturday + Sunday service and Holiday service 2,671 Lincoln Alternative Transit - Demand Responsive + Three hours of additional service weekdays and Saturday + Sunday service and Holiday service 2,671 Niagara Falls Conventional Transit + Two hours of additional service weekday evenings on selected routes 5,382 Niagara-on- the-Lake Alternative Transit - Demand Responsive + Three hours of additional service weekdays and Saturday + Sunday service and Holiday service 5,536 Pelham Alternative Transit - Demand Responsive + Three hours of additional service weekdays and Saturday + Sunday service and Holiday service 2,671 Port Colborne Alternative Transit - Demand Responsive + Eight hours of additional service + Introduce Saturday, Sunday and Holiday service 3,744 St. Catharines Conventional Transit + Two hours of additional service on Sunday + Six hours of additional service on each Holiday 1,709 Welland Conventional Transit + One hour of additional service weekday evening + Two hours of additional service on Saturday + Three hours of additional service Sunday evening + Introduce Holiday service 10,006 Niagara Region Conventional Transit – Inter-municipal Routes + Three hours of additional service weekdays and Saturday + Sunday and Holiday Service 8,112 LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 395 of 445 Niagara Transit Governance Service Plan 14 TOWN OF FORT ERIE population 31,520 (2016) alternative service delivery model TRANSIT TODAY Transit in Fort Erie is currently delivered through a third-party contract with Tokmakjian Inc. providing four fixed routes within the Town boundaries. In October 2021, the system will switch to a demand responsive system contracted out to a local company, Regional Limousine. Connections to the NRT Inter-Municipal service are also available. Specialized transit services are contracted out to The BTS Network Inc., facilitating access for approved specialized users across Fort Erie. ENHANCEMENTS Shared Demand Responsive Transit TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For Fort Erie, this means forthcoming demand responsive service in Fort Erie would be incorporated and the hours the service operates would be extended – adding 9pm to midnight – and include Sundays and Holidays. A move to a community bus system would be considered as transit ridership grows in Fort Erie, providing conventional service links to neighbouring communities that will continue to be a priority. 24,360 Total 2020 Budgeted Service Hours 26,960 Phase 1 Service Hours Standard Operating Hours Sunday and Holiday Service Specialized Transit Community Bus Common demand responsive services across Niagara Move to one combined specialized and on- demand system Transition to community bus if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 Enhancement LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 396 of 445 Niagara Transit Governance Service Plan 15 TOWN OF GRIMSBY population 28,030 (2016) alternative service delivery model TRANSIT TODAY The NRT On-Demand Pilot has been embraced by residents in Grimsby, with over 12,000 rides between inception in August 2020 and the end of May 2021– indicating a strong demand for transit in the community. Specialized transit services through Niagara Region’s NST are provided by Niagara Region for approved clients. Beyond municipal services – GO Transit provides connections to the GTA and other Niagara municipalities through bus service at Casablanca Blvd and future GO Train expansion. ENHANCEMENTS Sunday and Holiday Service TRANSIT TOMORROW In Phase 1 the NRT OnDemand pilot (demand-responsive transit) hours of operation will be extended to 6:00 am to 12:00 am (midnight) and include Sundays and Holidays (7:00 am – 9:00 pm). The introduction of future GO Train service will be a significant opportunity for Grimsby – which will be met with enhanced local service to ensure effective connections to and from trains. In the short-term, this may mean growing the NRT OnDemand service to keep pace with demand. In the long-term, this may mean transitioning to community bus or conventional transit services should ridership grow, and as determined by the Phase 3 network review. 5,980 Total 2020 Budgeted Service Hours 8,651 Phase 1 Service Hours Standard Operating Hours Specialized Transit Grow the Service Common demand-responsive services across Niagara Move to one combined specialized and demand- responsive system Transition to community bus or conventional service if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 Enhancement and Growth GO Train Service Provide connections to GO Train LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 397 of 445 Niagara Transit Governance Service Plan 16 TOWN OF LINCOLN population 24,410 (2016) alternative service delivery model TRANSIT TODAY Transit in Lincoln is currently delivered through NRT OnDemand, providing connections both within Lincoln as well as to key destinations across Niagara. Specialized transit services are provided by Niagara Region through NST. Beyond municipal services, GO Transit provides connections to the GTA and other Niagara municipalities through bus service at Ontario St. and potential exists for a future GO Train station. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For Lincoln, this means the hours the service operates would extended adding 6 a.m.- 7 a.m. and 10 p.m.-midnight, and include Sundays and Holidays. The introduction of future GO train service in Beamsville will be met with enhanced local service to ensure effective connections to and from trains. In the short-term, this may mean growing demand-responsive transit to keep pace with ridership. In the long-term, this may mean transitioning to community bus or conventional transit services should ridership grow, and as determined by the Phase 3 review. 5,980 Total 2020 Budgeted Service Hours 8,651 Phase 1 Service Hours Standard Operating Hours Specialized Transit Community Bus Common demand responsive services across Niagara Move to one combined specialized and on- demand system Transition to community bus if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 Enhancement and Growth Provide connections to GO Train GO Train Service Shared Demand Responsive Transit LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 398 of 445 Niagara Transit Governance Service Plan 17 CITY OF NIAGARA FALLS population 90,390 (2016) conventional & alternative mix service delivery model Ni TRANSIT TODAY agara Falls Transit Services plans, manages and operates fixed route transit service for locals and visitors on 25 routes. NFTS also operates four routes on behalf of Niagara Region connecting to Welland, St. Catharines, Niagara-on-the-Lake and Fort Erie. The City of Niagara Falls’ specialized transit service is provided by St. Johns Ambulance, while the Niagara Region NST service provides intermunicipal specialized service. Trans-Cab, contracted to a local taxi operator, is a demand- responsive service to under-developed areas or city neighbourhoods not able to support fixed route transit. While outside the current scope of the proposed consolidation of services, WEGO provides a tourism-focused service in partnership with the Niagara Parks Commission. GO Bus and Trains provide connections to Hamilton and the GTA. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, transit service within the City of Niagara Falls would be enhanced with expanded hours of evening service and enhanced alignment with regional connections across Niagara. Within Niagara Falls, this means the hours the service operates would be extended by adding up to two hours on all evening routes Monday to Saturday. A move to combine demand-responsive and specialized services is anticipated as part of consolidation in the near future. WEGO will continue to operate separate from the Commission, with future direction to be provided as existing contracts are renegotiated. Future increased frequency in GO Train service to Niagara Falls will require increased local service to provide connections to and from trains. 130,661 Total 2020 Budgeted Service Hours 136,043 Phase 1 Service Hours Conventional Transit Standard Operating Hours Specialized Transit Network Review Common operating hours across Niagara Move to one combined specialized and on-demand system Study to enhance & grow transit Phase 1-2 Implementation of Service Standards Phase 3 Enhancement Growth LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 399 of 445 Niagara Transit Governance Service Plan 18 TOWN OF NIAGARA-ON-THE-LAKE population 17,970 (2016) alternative service delivery model TRANSIT TODAY Transit in the Town of Niagara-on-the-Lake is currently being delivered through the NRT OnDemand, providing connections to key destinations across Niagara. Specialized transit services are provided by Niagara Region through NST for approved clients. While outside the current scope of the proposed consolidation of services, WEGO provides a tourism-focused service within Niagara-on-the- Lake as a partnership between the City of Niagara Falls and the Niagara Parks Commission. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For Niagara-on-the-Lake, this means the hours the service operated would be extended – adding 6 a.m. - 7 a.m. and 7 p.m. - midnight – and include Sundays and Holidays. A move to a community bus or conventional system would be considered as transit ridership grows, and there is the potential to combine demand responsive and specialized services in the future. WEGO will continue to operate separate from the Commission, with future direction to be provided as existing contracts are renegotiated. 7,509 Total 2020 Budgeted Service Hours 13,045 Phase 1 Service Hours Standard Operating Hours Sunday and Holiday Service Specialized Transit Community Bus Common demand-responsive services across Niagara Move to one combined specialized and on- demand system Transition to community bus if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 hancement En Shared Demand Responsive Transit LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 400 of 445 Niagara Transit Governance Service Plan 19 TOWN OF PELHAM population 17,560 (2016) alternative service delivery model TRANSIT TODAY Transit in Pelham is currently delivered through NRT OnDemand, providing connections both within Pelham as well as to key destinations across Niagara. Specialized transit services are provided by Niagara Region via NST for approved clients. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For Pelham, this means the hours the service operates would be extended – adding 6 a.m. - 7 a.m. and 10 p.m. - midnight and include Sundays and Holidays. A move to a community bus system would be considered as transit ridership grows in Pelham, and there is the potential to combine demand responsive and specialized services in the future. 5,980 Total 2020 Budgeted Service Hours 8,651 Phase 1 Service Hours Standard Operating Hours Sunday and Holiday Service Specialized Transit Community Bus Common demand responsive services across Niagara Move to one combined specialized and on- demand system Transition to community bus if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 Enhancement Shared Demand Responsive Transit LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 401 of 445 Niagara Transit Governance Service Plan 20 CITY OF PORT COLBORNE population 18,790 (2016) alternative service delivery model TRANSIT TODAY Transit within the City of Port Colborne is currently delivered as a Community Bus operating on two routes funded by the City, as well as one intermunicipal route connecting Port Colborne to Welland funded by the Region; all of which is operated by the City of Welland (WT). Specialized transit services are provided by Niagara Region via NST to approved clients. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, transit service within the City of Port Colborne would be enhanced with expanded hours of evening service, added weekend and holiday service and enhanced alignment with regional connections across Niagara. Specifically, this means the hours the service operated would be extended by 8-hours to all routes Monday to Friday, 18-hours to all routes on Saturday, and 14-hours on Sunday and Holidays in order to align operating hours across the system. A move to combine demand-responsive and specialized services is anticipated as part of amalgamation in the near future. Community Bus Network Review 7,254 Total 2020 Budgeted Service Hours 10,998 Phase 1 Service Hours Sunday and Holiday Service Common operating hours across Niagara Move to one combined specialized and on- demand system Study to enhance & grow transit Phase 1-2 Implementation of Service Standards Phase 3 Enhancement Standard Operating Hours Specialized Transit Common demand responsive services across Niagara LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 402 of 445 Niagara Transit Governance Service Plan 21 CITY OF ST. CATHARINES population 136,620 (2016) conventional & alternative mix service delivery model TRANSIT TODAY Transit in St. Catharines is currently delivered by the St. Catharines Transit Commission (SCTC) with fixed route transit service. SCTC also operates three routes on behalf of Niagara Region connecting to Welland, Niagara Falls, Niagara-on-the-Lake and Thorold transit systems. Specialized transit service in St. Catharines is also delivered by SCTC. Outside the city’s municipal boundaries, the Niagara Region NST service provides intermunicipal specialized service. GO Bus and Trains provide connections to Hamilton and the GTA. ENHANCEMENTS TRANSIT TOMORROW Under a new Commission, transit service within the City of St. Catharines would be enhanced with expanded hours of Sunday and Holiday service. A move to combine demand-responsive and specialized services is anticipated as part of consolidation. Phase 1 and 2 annual service reviews and Phase 3 Network Review will examine opportunities for expansion, such as route extensions identified in the St. Catharines Transportation Master Plan and enhanced local service to provide connections to and from GO Trains as their frequency increases. 195,208 Phase 1 Service Hours Standard Operating Hours Network & System Review Common operating hours across Niagara Move to one combined specialized and on- demand system Study to enhance & grow transit Phase 1-2 Implementation of Service Standards Phase 3 Enhancement and Growth Specialized Transit 193,499 Total 2020 Budgeted Service Hours LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 403 of 445 Niagara Transit Governance Service Plan 22 CITY OF THOROLD population 19,300 (2016) alternative service delivery model TRANSIT TODAY Transit in Thorold is currently delivered through the St. Catharines Transit Commission (funded by the City of Thorold), providing connections both within Thorold as well as to key destinations across Niagara such as Niagara Falls and St. Catharines. Specialized transit services are provided by both Niagara Region via NST and St. Catharines Transit. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For Thorold, this means that in Phase 1 more areas of the City will have access to transit service through a shared demand responsive service. 14,309 Phase 1 Service Hours Standard Operating Hours Sunday and Holiday Service Specialized Transit Network & System Review Common demand responsive services across Niagara Move to one combined specialized and on- demand system Study to enhance & grow transit Phase 1 Implementation of Service Standards Phase 2 - 3 Enhancement and Growth 14,309 Total 2020 Budgeted Service Hours Shared Demand Responsive Transit LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 404 of 445 Niagara Transit Governance Service Plan 23 TOWNSHIP OF WAINFLEET population 6,540 (2016) alternative service delivery model TRANSIT TODAY Transit in Wainfleet is currently delivered through NRT OnDemand, providing connections to key destinations outside of Wainfleet, but within Niagara. Specialized transit services are provided by Niagara Region via NST to approved clients. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For Wainfleet, this means the hours of operation would be 6 a.m. to midnight and include Sundays and Holidays (7 a.m. – 9 p.m.). Another major enhancement under a Commission is that the demand responsive service will be able to deliver local trips within the boundaries of Wainfleet in addition to the inter-municipal trips currently only available. Inter-municipal Services Provided No Local Service Hours Standard Operating Hours Sunday and Holiday Service Specialized Transit Community Bus Common demand responsive services across Niagara Move to one combined specialized and on- demand system Transition to community bus if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 Enhancement Shared Demand Responsive Transit LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 405 of 445 Niagara Transit Governance Service Plan 24 CITY OF WELLAND population 53,670 (2016) conventional & alternative transit delivery models TRANSIT TODAY The City of Welland’s Transit Division (WT) plans, manages, and operates fixed route, conventional transit service on 8 local routes. In addition, WT operates 3 routes on behalf of Niagara Region connecting to Niagara Falls, St. Catharines, and Port Colborne transit systems. Local specialized transit service is scheduled and provided by WT. Inter-municipal specialized trips are provided by Niagara Region’s NST service for approved clients. Outside contracts provided by local taxi syndicates are utilized for local specialized service required outside the available operating hours. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, transit service within the City of Welland would be enhanced with expanded hours of evening service and enhanced alignment with regional connections across Niagara. For the City of Welland, this means the hours the service operated would be extended by 1-hour to all routes Monday to Saturday and 3-hours to all routes on Sunday in order to align operating hours across the system. A move to combine demand-responsive and specialized services is anticipated as part of amalgamation in the near future. 59,175 Phase 1 Service Hours Conventional Transit Standard Operating Hours Specialized Transit Network & System Review Sunday and Holiday Service 49,169 Total 2020 Budgeted Service Hours Phase 1-2 Implementation of Service Standards Phase 3 Enhancement LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 406 of 445 Niagara Transit Governance Service Plan 25 TOWN OF WEST LINCOLN population 14,880 (2016) alternative service delivery model TRANSIT TODAY Transit in West Lincoln is currently being delivered through the NRT OnDemand, providing inter- municipal connections to key destinations across Niagara. Inter-municipal specialized transit services are provided by Niagara Region via NST for approved clients. ENHANCEMENTS TRANSIT TOMORROW Under a Commission, demand responsive transit will be shared across many municipalities in Niagara. For West Lincoln, this means the hours the service operates would be extended – adding 6 a.m. – 7 a.m. and 10 p.m.-midnight, and include Sundays and Holidays (7 a.m. – 9 p.m.). The decision to and timing of introducing local demand-responsive services in West Lincoln will be made in consultation with Council. A move to a community bus system would only be considered as transit ridership grows in West Lincoln, and there is the potential to combine demand responsive and specialized services in the future. Standard Operating Hours Sunday and Holiday Service Specialized Transit Community Bus Common demand responsive services across Niagara Move to one combined specialized and on- demand system Transition to community bus if ridership grows Phase 1-2 Implementation of Service Standards Phase 3 Enhancement Inter-municipal Services Provided No Local Service Hours Shared Demand Responsive Transit LNTC-C 3-2021 Appendix 5 June 30, 2021 Page 407 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 1 Overview The first round of LAM consultation represented an opportunity for input and feedback on the results of the NTGS and associated financial strategy. The most common areas of feedback related to the financial strategy, composition of the board, and need for a more defined (high level) service plan, which have led to the revised strategies discussed in the main body of this report. The purpose of this comment tracker is to connect these revised strategies back to the feedback received from each LAM, as well as additional areas of feedback that were identified outside the major themes. The LAM issues identified were first summarized as part of LNTC-C 1- 2021 and LNTC-C 2-2021, and represent a combination of formal feedback received through recommendations adopted by Councils, commentary provided in local staff reports, and topics raised by Councils during question and answer periods. Page 408 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 2 Fort Erie Phase 1 Consultation Summary Council adopted staff recommendations from IS-04-2021, providing support-in-principle for the Commission, requesting Niagara Region further refine the governance and financial models in accordance with the recommendations contained in the report and in advance of the initiation of the triple-majority process. Item Status Comment Propose an alternative funding model to a levy based on property value assessment.  Revised financial model transitions from single-levy to twelve (12) special levies. Revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. Additional financial information - update financial baseline reporting to 2021, sources of transition cost funding, impact of COVID-19, and treatment of reserves.   The revised financial model includes additional discussion regarding the transfer and establishment of capital reserves. The timing of the Phase 3 Network Service Review discussed in the Service Strategy has been set in part-to allow for a better understanding of COVID-19 impacts on revenue and ridership. The GSC has confirmed as recommended the use of the Cummings Principle to guide asset transfer. The work of the GSC will continue towards the development of Municipal Transfer Agreements which will codify considerations specific to Fort Erie. The key terms and principles of the MTA will be presented in parallel with the future triple-majority report. Permanent representative from Fort Erie on the Commission board.  Revised board model provides political representation for all Niagara municipalities. Existing service levels be maintained indefinitely.  Service Strategy outlines short-term enhancements in advance of a future Network Review. Indefinite minimum service hours to be finalized as part of Municipal Transfer Agreement. Page 409 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 3 Grimsby Phase 1 Consultation Summary Council adopted staff recommendations from CAO 21-03, providing support-in-principle for the Commission, taking into account that Niagara Region will commit to and address the issues identified in the recommendations of that report. Item Status Comment Grimsby’s current service levels are maintained and improved upon.  Service Strategy outlines short-term enhancements in advance of a future Network Review. Maintenance of existing or minimum service levels will be confirmed as part of final triple- majority approval. That the proposed financial model be amended to address concerns presented by the Town of Grimsby.  Revised financial model transitions from single-levy to twelve (12) special levies. Revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. That Region Council consider geographical areas, such as Niagara West, when selecting two (2) additional Councillors for the Full Commission.  Objective of enhanced representation for Grimsby achieved - revised board model provides political representation for all Niagara municipalities. The ongoing NRT On-Demand pilot program and future opportunities for transit services in Grimsby.  The Service Strategy anticipates the continuation and expansion of demand responsive service such as the NRT OnDemand pilot. Phase 1 improvements anticipate expanded operating hours. The Network Service Review will consider future community bus or conventional services as ridership grows, and as necessary to meet increased demand related to the introduction of GO Train service at Grimsby. Page 410 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 4 Lincoln Phase 1 Consultation Summary Council adopted staff recommendations from AD-02-21, providing support-in-principle for the Commission, taking into account that Niagara Region will commit to and address the issues identified in the recommendations of that report. Item Status Comment Town of Lincoln current service levels are maintained and improved upon.  Service Strategy outlines short-term enhancements in advance of a future Network Review. Maintenance of existing or minimum service levels will be confirmed as part of final triple- majority approval. That the proposed financial model be amended to address concerns presented by the Town of Lincoln.  Revised financial model transitions from single-levy to twelve (12) special levies. Revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. That Region Council consider geographical areas, such as Niagara West, when selecting two (2) additional Councillors for the Full Commission.  Objective of enhanced representation for Lincoln achieved - revised board model provides political representation for all Niagara municipalities. Page 411 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 5 Item Status Comment Discussion at Council also included how transit would support future growth in Lincoln, the ongoing NRT On-Demand Pilot, and the anticipated timing of return to pre-COVID-19 transit ridership levels.  The Service Strategy anticipates the continuation and expansion of demand responsive service such as the NRT OnDemand pilot. Phase 1 improvements anticipate expanded operating hours. The Network Service Review will consider future community bus or conventional services as ridership grows, and as necessary to meet increased demand related to the introduction of GO Train service. The timing of the Network Service Review has been recommended in part to allow transit ridership impacts from COVID-19 to be better understood. Page 412 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 6 Niagara Falls Phase 1 Consultation Summary Council jointly considered the presentation from Region staff and the Niagara Falls staff report CAO-2021-01, supporting a motion to a endorse, in principle, the Full Commission as the recommended governance model for the consolidation of Niagara's public transit system. Item Status Comment Reconsider 2021 as the baseline year for operational service levels, given ridership impacts from COVID- 19  Achieved. The revised financial strategy updates the baseline service year to 2020 budgeted service hours – which represents a pre-COVID estimate. All figures would be adjusted prior to consolidation in 2023 to reflect most recent financials. Consider the option of offering free or reduced fares for seniors as part of [the] transition process  The revised financial strategy anticipates a move to a single regional fare, but does not include the provision of free or reduced fares for Seniors. Decisions regarding fare discounts has been reserved as a future decision that should be made by the Commission. Page 413 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 7 Niagara-on-the-Lake Phase 1 Consultation Summary Council adopted staff recommendations from CAO-21-002, providing support-in-principle for the Commission, taking into account that Niagara Region will commit to and address the issues identified in the recommendations of that report. Item Status Comment Maintaining and improving upon the current service levels provided to the Town of Niagara-on-the-Lake.  Service Strategy outlines short-term enhancements in advance of a future Network Review. Maintenance of existing or minimum service levels will be confirmed as part of final triple- majority approval. Amending the proposed financial model to address concerns identified by the Town of Niagara-on-the- Lake.  Revised financial model transitions from single-levy to twelve (12) special levies. Revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. Considering geographical areas when selecting two (2) additional Councillors for the Full Commission.  Objective of enhanced representation for Niagara-on-the-Lake achieved - revised board model provides political representation for all Niagara municipalities. Further feedback centred on the critical role transit plays in supporting economic development and tourism in Niagara-on-the-Lake, the appropriate point in time for potential integration of WEGO with the Commission, and the role of the Cummings Principle in asset transfer.  The importance of tourism to the Town and the role that transit can play in connecting tourists and employees to destinations will be a focus for the Commission. WEGO will remain an important service in achieving this objective, but remains outside the scope of the initial consolidation. Decisions regarding potential future integration will be made collectively by the City of Niagara Falls, Niagara Parks Commission, future transit Commission and Town of Niagara- on-the-Lake. The GSC has confirmed as recommended the use of the Cummings Principle to guide asset transfer. Page 414 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 8 Pelham Phase 1 Consultation Summary Council considered staff report 202-0044-Recreation, and adopted a series of resolutions indicating the Town of Pelham does not support the Full Transit Commission Model as presented by Niagara Region due to the issues noted below. Item Status Comment The Town of Pelham will not be sufficiently represented on the Commission Board as it pertains to governance of the Commission.  Revised board model provides political representation for all Niagara municipalities. The Regional levy as proposed (based on MPAC assessment) does not take into consideration population size or ridership, and that an approximately 500% increase to the Town of Pelham is not acceptable, and is not supported by the Council for the Town of Pelham.  Revised financial model transitions from single-levy to twelve (12) special levies. Revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. Additional discussion referenced the anticipated timing of return to pre-COVID-19 transit ridership levels and alternative micro-transit service delivery models such as those used in Calgary and Innisfil.  The Service Standards Strategy considers a future harmonization of demand-responsive and specialized services in Niagara. This future harmonization will examine a wide range of operational models for demand responsive transit. The timing of the Phase 3 Network Service Review has been set in part-to allow for a better understanding of COVID-19 impacts on revenue and ridership. As part of the consideration of this item, Pelham Council gave further direction to staff related to the ongoing NRT OnDemand pilot program. Page 415 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 9 Port Colborne Phase 1 Consultation Summary Council adopted staff recommendations from 2021-39, providing support-in-principle for the Commission, taking into account that Niagara Region will commit to and address the issues identified in the recommendations of that report. Item Status Comment That the City of Port Colborne service levels set out in the report Transit Enhancement Opportunity (Report 2021-15) dated January 11, 2021 are maintained and improved upon;  The Service Strategy outlines short-term enhancements in service in advance of a future Network Review. Maintenance of existing or minimum service levels will be confirmed as part of final triple-majority approval. That the proposed financial model be amended to address concerns presented by the City of Port Colborne.  Revised financial model transitions from single-levy to twelve (12) special levies. Revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. That Regional Council consider geographical areas, such as Niagara South, when selecting two additional Councillors for the Full Commission.  Objective of enhanced representation for Port Colborne achieved - revised board model provides political representation for all Niagara municipalities. A request was made to further examine the option for municipalities to purchase enhanced transit services as part of the revised financial model.  There will be two opportunities for enhanced services to be provided in a municipality – through requests made from local Councils to the Board for that would be included in future service planning and through a direct ‘purchase’ of additional services based on a municipal contribution or rate. Page 416 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 10 St. Catharines Phase 1 Consultation Summary Council considered staff report CAO-007-2021 and adopted amended recommendations, providing support-in-principle for the Commission. The recommendations of that report included: Item Status Comment That…staff [forward the] report, including comments detailed by the St. Catharines Transit Commission in Appendix 3, to the Region and requests the additional information identified in [the] report be received prior to the approval of a new Intermunicipal Transit System and operating model;  The purpose of this report is to present revised financial, governance, and service strategies that reflect and address feedback received from all local Councils. The GSC has recommended that a second round of consultation take place to provide LAMs an opportunity to review these strategies and provide additional input prior to seeking triple-majority approval. Page 417 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 11 Item Status Comment [Requesting] the formation of a Municipal Transit Transition Group that includes the CAOs of St. Catharines, Niagara Falls, Niagara Region and Welland, the St. Catharines Transit General Manager and any other transit staff or senior staff members required in order to develop draft Municipal Transfer Agreements that include (but are not limited to) the following: • Rider fare structure; • Service plan detail including improvement guarantees; • Asset transfer agreements; • Growth forecasting model, including expansion costs and revenue opportunities;   The previous CAO Working Group was expanded and reconstituted as the Governance Steering Committee (GSC) to provide a wider range of perspectives from across Niagara. Project teams working under the direction of the GSC included both Regional and local staff, including those from St. Catharines and the St. Catharines Transit Commission. The revised financial model presents information and detail related to the move to a single regional fare, a capital reserve strategy, and funding for growth consistent with the conservative growth strategy first outlined in the NTGS. The service standards developed identify three phases of future improvements, including service hour enhancements in St. Catharines in advance of a future Network Service Review. The work of the GSC will continue towards the development of Municipal Transfer Agreements which will codify these considerations, including any additional feedback received from St. Catharines. The key terms and principles of the MTA will be presented in parallel with the future triple-majority report. That prior to…triple majority and receiving a complete package of information of the impact of the proposal, that Engage STC be utilized to receive public feedback.  The communications and engagement strategy referenced in this report was developed by an integrated team of Regional and local staff, including those from St. Catharines. The strategy plans for a series of public feedback initiatives including surveys and stakeholder consultation sessions take place over the summer of 2021 in advance of triple-majority. The results of this consultation will be included in future reporting both to the City and the final triple-majority report. Page 418 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 12 Areas of additional feedback identified through the staff report and commentary provided by the St. Catharines Transit Commission via Appendix 3, and discussion at Council included: Item Status Comment A service plan detailing existing future service expansion, including integration with the forthcoming St. Catharines Transportation Master Plan update  The Service Standards Strategy was developed to provide additional information and detail regarding how short, medium, and long-term enhancements could be implemented by the Commission. The St. Catharines TMP and the identified expansion priorities were reviewed in the development of these standards. There will be two opportunities for the Commission to review and implement these priorities: during Phase 1 and 2 through the annual service review the new Commission will undertake; and ultimately through the Network Service Review to be completed in Phase 3. Proposed composition of the Board and concern that St. Catharines would be underrepresented  The revised board composition model proposes three St. Catharines members, reflecting its greater share of ridership and investment, and represents an increase in the proportional share of representation being provided to St. Catharines relative to that provided from the NTGS model. Transfer of 2012 First Street Louth facility (current SCTC garage) and a request that it revert to the City should it not be used for transit purposes in the future  The principle of facilities returning to municipalities should they not be used specifically for transit purposes in the future is acknowledged, and anticipated to be formalized as part of Municipal Transfer Agreements. Page 419 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 13 Item Status Comment Anticipated timing of return to pre-COVID-19 transit ridership levels, applicability of provincial Safe Restart funding, and detail pertaining to external funding sources.  Since the original report and as referenced in the Financial strategy, the Province has introduced Phase 3 of the provincial Safe Restart Funding program which specifically incorporates new governance structures as an eligible category. This inclusion is the result of advocacy from across Niagara. Required consolidation of Union labour agreements;  Niagara’s three ATU Locals responsible for delivering current conventional service in Niagara remain a primary stakeholder, as they have throughout. Additional outreach and engagement with the ATU Locals and their leadership will take place over the summer and in advance of the triple-majority discussion in partnership with the respective leadership at the Transit Agencies. The need to consider an alternative to 2021 as the baseline year for operational service levels, given ridership impacts from COVID-19.  Achieved - the revised financial strategy updates the baseline service year to 2020 budgeted service hours, which represents a pre-COVID estimate. All figures would be adjusted prior to consolidation in 2023 to reflect most recent financials. Consider ‘unconventional’ or alternative governance structures to the presented Commission model, including: benefit area rating, appointment of representatives by municipalities, options for municipalities to directly determine or fund service directly, and alternative legal structures.  The Financial strategy has been revised as (12) special levies that ties services received to costs. The revised governance strategy provides an opportunity for municipalities to recommend local representatives to Regional Council for appointment to Board. The Service Strategy discusses methods by which local municipalities can request or purchase services beyond the service standards identified or set by the Commission. Page 420 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 14 Thorold Phase 1 Consultation Summary Council adopted staff recommendations from report PWCS2021-13, providing support-in-principle for the Commission, with final approval subject to the satisfactory resolution of the issues identified in that report. Item Status Comment Clarification of the City’s required contribution during transition and beyond;  The financial strategy outlines revised approach to funding a consolidated system based on a twelve (12) special levy approach. This strategy outlines anticipated transition costs totaling $3.85 - $4.96M that would be funded through a combination of existing budgets and Provincial/ Federal transit funding programs. Confirmation that the Service Plan will maintain existing service and include service expansion to the high growth areas of the community as identified in the Thorold Transportation Master Plan (June 2020)  The service strategy outlines two opportunities for service expansion into new areas such as Allanburg, Port Robinson East, or the Rolling Meadows development. Through the annual Service Review that the Commission will undertake during Phase 1 and 2 of the plan and then through the Phase 3 comprehensive Network Service Review. Maintenance of existing or minimum service levels will be confirmed as part of final Municipal Transfer Agreements. Council further discussed the process for engagement with Brock University and associated financial contributions.  Brock University will continue to be valued stakeholder as part of the communications and engagement strategy, and will be consulted directly. Page 421 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 15 Wainfleet Phase 1 Consultation Summary Council considered, but did not support, Resolution No. C-2021-014, derived from the motion contained in Appendix 1 to LNTC-C 4- 2020. Item Status Comment Discussion at Council centred on the proposed assessment-based financial model and its significant impact on the residents of Wainfleet.  The revised financial model transitions from a single-levy to twelve (12) special levies for local service, with the existing Regional NRT levy remaining in place. The revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. The future role of (and need for) transit in rural municipalities such as Wainfleet through enhancement of on-demand services such as the NRT OnDemand pilot. For Consideration The service strategy and financial strategy collectively assume a relative ‘status quo’ level of service in Wainfleet immediately post-consolidation (expanded inter-municipal demand responsive hours of operation only). Future enhancements, including the potential introduction of local demand responsive trips, would be made in consultation with the Town of Wainfleet and through annual service reviews or the Phase 3 Network Service Review. Under the revised financial model, service costs are linked to the where service is being added. Page 422 of 445 16 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 Welland Phase 1 Consultation Summary Council considered report TRANS-2021-01, adopting local staff recommendations relating to the issues detailed below and deferring approval for the proposed Niagara Transit Governance Strategy until 2023. Welland City Council requested new financial impact options, land would not be transferred to new entity, an updated governance model and deferring the decision to consolidate to September 2023. This report identifies a series of eleven (11) issues and concerns: Item Status Comment COVID-19 impacts on revenue and ridership (1) and Government Funding (11)  The timing of the Phase 3 Network Service Review discussed in the Service Strategy has been set in part-to allow for a better understanding of COVID-19 impacts on revenue and ridership. Since the original report and as referenced in the Financial strategy, the Province has introduced Phase 3 of the provincial Safe Restart Funding program which specifically incorporates new governance structures as an eligible category. This inclusion is the result of advocacy from across Niagara. While the City of Welland has indicated that municipal SRA funding will be used to address operational funding requirements, any remaining or unspent funds from across Niagara may be used to support consolidation Page 423 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 17 Item Status Comment Service Plan (2) and Ridership Growth (3)  The Service Standards Strategy was developed to provide additional information and detail regarding how short, medium, and long-term enhancements could be implemented by the Commission. The Service and financial strategies collectively outline the resources required to implement these standards, incorporating the conservative growth projections from the NTGS. Single Fare (4)  The revised financial strategy incorporates a move to a single-regional fare. Consolidation of Union Agreements (5)  Niagara’s three ATU Locals responsible for delivering current conventional service in Niagara remain a primary stakeholder, as they have throughout. Additional outreach and engagement with the ATU Locals and their leadership will take place over the summer and in advance of the triple- majority discussion in partnership with the respective leadership at the Transit Agencies. Representation on the Commission (6) For Consideration The revised board composition model recommends a fifteen (15) member board, with political representation for all Niagara Municipalities. Page 424 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 18 Item Status Comment Asset Transfer (7) For Consideration The GSC has confirmed as recommended the use of the Cummings Principle to guide asset transfer. The work of the GSC will continue towards the development of Municipal Transfer Agreements which will codify considerations specific to Welland, including existing operating facilities, land ownership/transfer, and the proposed future transit facility. The principle of facilities returning to municipalities should they not be used specifically for transit purposes in the future is acknowledged, and anticipated to be formalized as part of the MTAs. The key terms and principles of the MTA will be presented in parallel with the future triple-majority report. Funding Model (8) and Regional Tax Levy (9)  The revised financial model transitions from a single-levy to twelve (12) special levy approach. The revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. Five-Year Service Guarantee (10)  The revised financial strategy updates the baseline service year to 2020 budgeted service hours, which represents a pre-COVID estimate. Indefinite minimum service hours to be confirmed as part of Municipal Transfer Agreement. Page 425 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 19 Item Status Comment Government Funding (11)  Since the original report and as referenced in the Financial strategy, the Province has introduced Phase 3 of the provincial Safe Restart Funding program which specifically incorporates new governance structures as an eligible category. This inclusion is the result of advocacy from across Niagara. Page 426 of 445 LNTC-C 3-2021 Appendix 6 – Local Area Municipality Feedback Tracker June 30, 2021 20 West Lincoln Phase 1 Consultation Summary Council considered, but did not support, the motion contained in Appendix 1 to LNTC-C 4-2020. A series of concerns and a record of questions raised by Council were included in the official minutes from the January, 25, 2021 meeting. Item Status Comment Discussion related to impacts to West Lincoln residents arising from the proposed assessment- based financial model.  The revised financial model transitions from a single-levy to twelve (12) special levies for local service, with the existing Regional NRT levy remaining in place. The revised model reduces the redistribution of costs from larger to smaller municipalities and links future growth costs to where the service is being added. The limited time transit has been provided in West Lincoln (via the NRT On-Demand pilot) and making decisions with impacts beyond the current term of Council. For Consideration The service strategy and financial strategy collectively assume a relative ‘status quo’ level of service in West Lincoln immediately post-consolidation (expanded inter-municipal demand responsive hours of operation only). Future enhancements, including the potential introduction of local demand responsive trips, would be made in consultation with the Town of West Lincoln and through annual service reviews or the Phase 3 Network Service Review. Under the revised financial model, service costs are linked to the where service is being added. Page 427 of 445 Ombudsman Report Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 Paul Dubé Ontario Ombudsman July 2021 Page 428 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 1 Complaints 1 My Office received complaints about a meeting held by council for the City of Niagara Falls (the “City”) on October 6, 2020. 2 The complainants alleged that one of the topics discussed in camera, the potential designation of the Niagara River as a protected wetland, did not fall within any of the prescribed exceptions in the Municipal Act, 2001. 3 The complainants told us that this matter had previously been discussed in open session, and that they therefore expected that it would be discussed in open session again. Ombudsman jurisdiction 4 Under the Municipal Act, 2001 1 (the “Act”), all meetings of council, local boards, and committees of council must be open to the public, unless they fall within prescribed exceptions. 5 As of January 1, 2008, the Act gives anyone the right to request an investigation into whether a municipality has complied with the Act in closing a meeting to the public. Municipalities may appoint their own investigator. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. 6 The Ombudsman is the closed meeting investigator for the City of Niagara Falls. 7 When investigating closed meeting complaints, we consider whether the open meeting requirements of the Act and the municipality’s governing procedures have been observed. 8 Our Office has investigated hundreds of closed meetings since 2008. To assist municipal councils, staff, and the public, we have developed an online digest of open meeting cases. This searchable repository was created to provide easy access to the Ombudsman’s decisions on, and interpretations of, the open meeting rules. Council members and staff can consult the digest to inform their discussions and decisions on whether certain matters can or should be discussed in closed session, as well as issues related to open meeting procedures. Summaries of the Ombudsman’s previous decisions can be found in the digest: www.ombudsman.on.ca/digest. 1 SO 2001, c 25. Page 429 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 2 Investigative process 9 On December 23, 2020, we advised the City of our intent to investigate these complaints. 10 We reviewed the City’s procedure by-law, and relevant portions of the Act. We reviewed the meeting records, including the agenda, open and closed session minutes, the video recording of the open portion of the meeting, and the audio recording of the closed session. 11 We spoke with the complainants, as well as the Mayor and the Clerk, to obtain additional information about each meeting and about the City’s modified procedure for holding meetings electronically as a result of the COVID-19 pandemic. 12 My Office received full co-operation in this matter. Procedure by-law 13 The City’s procedure by-law (No. 2019-04) states that all meetings shall be open to the public except as provided in section 239 of the Municipal Act, 2001. 14 The by-law also provides that all in camera items shall be discussed in a closed meeting prior to the regular council meeting, and that prior to proceeding in camera, council shall pass a resolution in open session to convene a closed meeting. 15 The City has adopted the best practice of audio recording all closed sessions, as well as broadcasting council meetings live on YouTube. Legislative amendments regarding electronic meetings 16 The Emergency Management and Civil Protection Act provides that a state of emergency may be declared by the provincial government and by the head of council of a municipality. 17 The Mayor of the City of Niagara Falls declared a local state of emergency on April 4, 2020.2 This declaration of emergency remained in effect at the time of the meeting on October 6, 2020. 2 https://niagarafalls.civicweb.net/document/25878 Page 430 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 3 18 Following amendments to the Municipal Act made by the Municipal Emergency Act, 2020 and the COVID-19 Economic Recovery Act, 2020, a municipality’s procedure by-law may now provide that members can participate electronically in a meeting “to the extent and in the manner set out in the by-law.”3 A procedure by-law may now provide that members participating electronically be counted toward quorum and may allow members to participate electronically in meetings that are open or closed to the public. 19 While these amendments allow for additional flexibility in conducting meetings through electronic participation, they do not create new exceptions to the open meeting rules or change the applicable procedural rules. Municipal meetings are still required to be open to the public, unless the topic of discussion fits within one of the exceptions set out in the Act. Notice of meetings must still be provided in accordance with the procedure by-law, meeting minutes must be recorded, and a resolution must be passed in open session before the meeting can be closed to the public.4 20 Council amended the City’s procedure by-law on March 20, 2020 to provide for the holding of electronic meetings during an emergency.5 Council opted to permit members to participate electronically in open meetings but not in closed sessions. 21 The amendments to the procedure by-law also stipulated that during the state of emergency, meetings of council were to be considered open to the public “if the meeting is live streamed to a service available to the public electronically.” October 6, 2020 meeting 22 The agenda for the October 6 council meeting indicated that due to COVID- 19 and the closure of City Hall, the meeting would be broadcast on the City’s YouTube channel, Facebook page, and on a local TV station. 23 The agenda posted online also included a link to a proposed resolution indicating that council would hold a closed meeting prior to its regularly scheduled meeting to discuss three topics in closed session, including “a matter that falls under section 239(2)(f) for advice that is subject to solicitor- client privilege regarding a potential Ramsar designation.” The proposed resolution posted online had not yet been passed by council. 3 Municipal Act, 2001, S.O. 2001 C. 25 at s. 238(3.3). 4 Russell (Town of) (Re), 2020 ONOMBUD 1 (CanLII), <https://canlii.ca/t/j6n2t>. 5 City of Niagara Falls, By-law 2020-24 “Council Meetings during an Emergency By-law”. Page 431 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 4 24 The closed session minutes indicate that the closed session was called to order in a committee room at 3:00 p.m. Several staff members were also in attendance. In accordance with public health guidelines, members of the public were not permitted to attend in person to observe the proceedings. 25 Council opted not to discuss one of the items on the agenda during the closed session, and instead planned to discuss it during the open session that would follow. 26 Although the audio recording indicates that council passed a resolution to move into closed session to discuss the two remaining items, this portion of the meeting was not broadcast live on any of the media listed in the agenda. After discussing an item that was not the subject of any complaints to my Office, council proceeded to discuss the potential designation of the Niagara River under the Ramsar Convention. 27 The Ramsar Convention on Wetlands of International Importance is a multilateral agreement with the objective of conserving wetlands. Canada ratified the convention in 1981. A wetland can be designated under the Convention through a voluntary process. While the United States side of the Niagara River has been designated under the Ramsar convention, the Canadian side has not. 28 During its October 6, 2020 discussion, council received legal advice from the Acting City Solicitor regarding the potential designation of the Niagara River under the Convention. Throughout the discussion, the solicitor referred to documents and a staff report that were provided to council, which were incidental to the legal advice being provided. 29 Council then passed a motion to rise from closed session. 30 Council convened in council chambers in open session at 4:00 p.m. and a live broadcast commenced at that time. 31 During the open meeting, council reported back on its discussion in closed session and passed a motion that it did not support Ramsar designation status for the Niagara River. Page 432 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 5 Analysis Applicability of the exception for advice subject to solicitor-client privilege 32 The complaints received by my Office were about the appropriateness of council discussing the Ramsar designation in closed session on October 6, 2020. Council cited the “solicitor-client privilege” exception as the basis for discussing this matter in camera. 33 The exception for advice subject to solicitor-client privilege applies to discussions that include communications between the municipality and its solicitor in seeking or receiving legal advice intended to be confidential. The purpose of the exception is to ensure that municipal officials can speak freely about legal advice without fear of disclosure. 34 The Supreme Court of Canada has found that solicitor-client privilege applies when three pre-conditions are met: (1) There is a communication between a lawyer and a client; (2) which entails the seeking or giving of legal advice; and (3) which is considered to be confidential by the parties.6 35 During the October 6 meeting, council received confidential advice from the Acting City Solicitor about the potential Ramsar designation. Accordingly, this topic fit within the exception. Failure to broadcast the passage of a resolution to go in camera 36 The Mayor and Clerk explained to my Office that prior to the declaration of emergency, council’s practice was to meet in a committee room prior to its regular meetings to conduct closed sessions. The door to this room was kept open and members of the public were welcome to attend and observe council pass a resolution to go in camera, at which point they would be asked to leave until council reconvened in open session. 37 However, on October 6, 2020, the public was not permitted to attend council chambers or the committee room to observe either the open or closed session meetings. The livestream for the October 6 meeting began at 4:00 p.m. and did not capture council’s resolution to go in camera, which was passed at approximately 3:00 p.m. 6 Solosky v. The Queen, 1979 CanLII 9 (SCC), <https://canlii.ca/t/1mjtq>. Page 433 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 6 38 I recognize that municipalities have faced unprecedented challenges in adapting their operations during the COVID-19 pandemic, as applicable laws, best practices, and public health guidelines continue to evolve. 39 As my Office has noted in previous closed meeting investigation reports, the requirement to hold meetings that are open to the public is not suspended in an emergency.7 None of the amendments to the Municipal Act permitting municipalities to allow members to participate in meetings via electronic means have changed this fundamental requirement. 40 Whenever the public is excluded from in-person attendance, it is imperative that the alternative electronic format selected enables the public to observe all portions of a meeting except a duly constituted closed session. 41 Pursuant to section 239(4) of the Act, members of the public are entitled to observe council pass a resolution in open session stating the general nature of the topics to be discussed in camera prior to holding a closed session. 42 This requirement is not a mere formality. As the Ontario Court of Appeal has explained, it allows the municipality to provide a general description of the matters to be discussed in a way that maximizes information available to the public without undermining the reason for closing the meeting.8 If the resolution to close a meeting is passed when council is already in closed session, it does not provide any information to the public, disclosing neither the fact of the closed meeting nor the general nature of the matter(s) to be considered.9 43 In this case, although the proposed resolution to go in camera was published in advance of the meeting, the public was not able to observe the portion of the meeting when council actually passed the resolution. It is council’s responsibility during a meeting to approve or amend an agenda, including proposed closed session items. Council could decide to postpone a particular discussion, or debate whether to discuss a topic in open session rather than closed. 7 Russell (Town of) (Re), 2020 ONOMBUD 1 (CanLII), <https://canlii.ca/t/j6n2t>. 8 Farber v. Kingston (City), 2007 ONCA 173 (CanLII), <https://canlii.ca/t/1qtzl>. 9 Burk’s Falls / Armour (Village of / Township), 2015 ONOMBUD 26 (CanLII), <https://canlii.ca/t/gtp6w>. Page 434 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 7 44 Council for the City of Niagara Falls ultimately decided to discuss only two matters in camera of the three items set out in the proposed resolution circulated prior to the meeting held on October 6, 2020. As the actual resolution to go in camera was not passed in an open meeting, the public was deprived of the opportunity to observe this part of council’s decision- making process. 45 In previous reports issued by my Office, I have noted that even where a closed session is the only anticipated agenda item, the meeting must begin in open session and the public must be able to attend or otherwise observe that portion of the meeting.10 Even where a meeting may only be open to the public for a few minutes prior to council going in camera, municipalities must ensure that the public can observe the open portions of such meetings. Opinion 46 Council for the City of Niagara Falls did not contravene the Municipal Act when it discussed a Ramsar designation in camera on October 6, 2020 under the exception for advice subject to solicitor-client privilege. 47 However, council contravened the Act when it passed a resolution to go in camera in a portion of the meeting that was effectively closed to the public, as the public was unable to attend in person or observe a live broadcast. 48 I urge the City of Niagara Falls to consider all available options to ensure that the public’s right to observe municipal meetings is upheld in full and that all portions of such meetings are broadcast live when there are restrictions on in-person attendance. Recommendations 49 I make the following recommendations to assist the City of Niagara Falls in fulfilling its obligations under the Act and enhancing the transparency of its meetings: Recommendation 1 All members of council and committees for the City of Niagara Falls should be vigilant in adhering to their individual and collective obligation to ensure that the municipality complies with its responsibilities under the Municipal Act, 2001 and its procedure by- law. 10 Richmond Hill (City of) (Re), 2021 ONOMBUD 8 (CanLII), <https://canlii.ca/t/jf6b3>. Page 435 of 445 Investigation into a meeting held by the City of Niagara Falls on October 6, 2020 July 2021 8 Recommendation 2 Council for the City of Niagara Falls should ensure that the public is able to observe all open portions of meetings held by council and its committees, including the resolution to go in camera. Report 50 Council for the City of Niagara Falls was given the opportunity to review a preliminary version of this report and provide comments to my Office. In light of the restrictions in place related to COVID-19, some adjustments were made to our normal preliminary review process and we thank council and staff for their co-operation and flexibility. The comments we received were considered in the preparation of this final report. 51 The response from council indicated that the City accepted these recommendations and agreed to ensure that the public is able to observe all open portions of meetings going forward. 52 Council also commented that, while the resolution to go in camera was not passed in public, the content of the motion was available to the public because it was published in advance of the meeting on the agenda. 53 I commend the City for taking steps to ensure advance notice is provided of matters council intends to discuss in camera at an upcoming meeting. However, the inclusion of this information on an agenda is not a substitute for passing a resolution during an open meeting, as required by the Act. 54 This report will be published on my Office’s website, and should be made public by the City of Niagara Falls as well. In accordance with s. 239.2(12) of the Municipal Act, 2001, council should pass a resolution stating how it intends to address this report. ________________________ Paul Dubé Ombudsman of Ontario Page 436 of 445 132-2021-2894 By email July 8, 2021 Dear Heads of Council: With warmer weather underway, it is important to ensure pets across the province remain safe, cool and comfortable. The Ontario government is strongly urging everyone to take the necessary precautions to keep their pets safe and protected during the hot summer months including making sure that pets are not left unattended in a vehicle. Temperatures inside a vehicle can quickly become much hotter than the temperature outside. The most dramatic rise in temperature occurs within the first 10 minutes that a vehicle is idle. Even at an outdoor temperature of only 25ºC, the inside temperature of a car can reach 34ºC in as little as 10 minutes and up to 50ºC by the time an hour has passed. Pets can be put at risk of serious illness and possibly death as a result of being left in a vehicle during hot weather. If an individual sees an animal in a hot car in distress and is concerned the animal's life is in danger, they should call 911 immediately as it is an emergency. Members of the public are not encouraged to enter a vehicle in these situations. Pursuant to the Provincial Animal Welfare Services Act, 2019, police officers, First Nations Constables, and animal welfare inspectors may enter motor vehicles to remove animals in critical distress. Police officers commonly provide primary response to 911 calls for service across the province related to animals left in motor vehicles. In addition, the Fire Protection and Prevention Act, 1997, provides authority for firefighters to enter motor vehicles to rescue and remove animals in distress, noting that municipal councils set the levels of fire protection services which may include the rescue of animals in motor vehicles. To support firefighters in exercising this rescue function, the Ministry of the Solicitor General, through the Office of the Fire Marshal, has issued the attached Fire Marshal’s Communiqué which provides information about a new, voluntary training e-module available to firefighters. This additional resource may assist fire services to effectively respond to animals left in hot or cold motor vehicles to best safeguard animal welfare. …/2 Solicitor General Solliciteur général Office of the Solicitor General 25 Grosvenor Street, 18th Floor Toronto ON M7A 1Y6 Tel: 416 326-5000 Toll Free: 1-866-517-0571 SOLGEN.Correspondence@ontario.ca Bureau du solliciteur général 25, rue Grosvenor, 18e étage Toronto ON M7A 1Y6 Tél. : 416 326-5000 Sans frais : 1-866-517-0571 SOLGEN.Correspondence@ontario.ca Page 437 of 445 Heads of Council Page 2 Where appropriate, municipal councils, through their fire departments, may wish to work with and share this information with local communications and dispatch personnel to support effective dispatch of 911 calls for service related to animals left in hot or cold motor vehicles. I appreciate your continued partnership to help protect animals in Ontario. Sincerely, Sylvia Jones Solicitor General Enclosure c: Chief Administrative Officers Municipal Clerks Page 438 of 445 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 Schedule “C” and that Schedule “C” attached hereto shall be inserted in lieu thereof. 2. That by-law No. 2021-65 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 13th day of July, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 439 of 445 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Dillon Betts Paul Brown Marianne Catherwood Bill Crowder Jesse de Smit John Garvie Cathy Hanson John MacLeod Andrea Malgie Krista McGowan Liam Raymond Philip Rudachuk Morgan Sereeira Martin Stinson Thomas Tavender Paul Torchinsky Daniel Town Page 440 of 445 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to establish Block 55, 59M-414 as a public highway to be known as, and to form part of White Oak Avenue. AND WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS Queensway Chippawa Props. Inc. created a new subdivision as 59M- 491 which was registered on June 8, 2021 as instrument number SN677264; AND WHEREAS in order to allow access to the new subdivision, it is deemed desirable to declare a portion of the abutting subdivision, described as Block 55, 59M-414, as a public highway forming part of White Oak Avenue. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 55, 59M-414, in the City of Niagara Falls, in the Regional Municipality of Niagara, being all of PIN 64258-0601 (LT) (the “Subject Lands”) are hereby established, laid out and declared as a public highway and forming part of White Oak Avenue. 2. That upon passage of this by-law, the City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the Subject Lands in the Land Registry Office. 3. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 13th day of July, 2021. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 441 of 445 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to establish Parts 2 and 3, 59R-16494 as a public highway to be known as, and to form part of Fallsview Boulevard. AND WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS The Corporation of the City of Niagara Falls acquired Parts 2 and 3 on 59R-16494 (the “Acquired Lands”) for the purpose of road widening and daylight triangle; AND WHEREAS it is deemed desirable to declare Parts 2 and 3, 59R-16494, as a public highway forming part of Fallsview Boulevard. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Range 21, Plan 1 Stamford, designated as Part 2, 59R-16494 in the City of Niagara Falls, in the Regional Municipality of Niagara being PIN 64348-0137, (the “Subject Lands”) are hereby established, laid out and declared as a public highway and forming part of Fallsview Boulevard. 2. That Part Range 18, Plan 1 Stamford, designated as Part 3, 59R-16494 in the City of Niagara Falls, in the Regional Municipality of Niagara being PIN 64348-0138, (the “Subject Lands”) is hereby established, laid out and declared as a public highway and forming part of Fallsview Boulevard 3. That upon passage of this by-law, the City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the Subject Lands in the Land Registry Office. 4. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 13th day of July, 2021. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 442 of 445 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to declare Vacant Land which is the former rail corridor, being Part Stamford Township Lots 74, 76 & 91, Part Road Allowance between Lots 74 & 76 (closed by Bylaw ST16882), Parts 1 to 5, 59R-10728 s/t RO123490, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123, governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of June 22, 2021, adopted the Recommendations of Council Report L-2021-13, to declare Part Stamford Township Lots 74, 76 & 91, Part Road Allowance between Lots 74 & 76 (closed by Bylaw ST16882), Parts 1 to 5, 59R-10728 s/t RO123490 (PIN 64269-0404), as surplus. AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Stamford Township Lots 74, 76 & 91, Part Road Allowance between Lots 74 & 76 (closed by Bylaw ST16882), Parts 1 to 5, 59R-10728 s/t RO123490, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this thirteenth day of July, 2021. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 443 of 445 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to designate Block 3 & Block 9, Registered Plan 59M-474, not to be subject to part-lot control (PLC-2021-001). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2013-126 to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 3 into 4 parcels and Block 9 into 6 parcels, to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 3 & Block 9, Registered Plan 59M-474, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 13th day of July, 2021. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2021\PLC-2021-001\By-law.docx Page 444 of 445 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 13th day of July, 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 13 th day of July, 2021 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 13th day of July, 2021. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 445 of 445