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08-10-2021
City of Niagara Falls Agenda City Council Meeting Tuesday, August 10, 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 YouTube 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 (added) August 10, 2021- Resolution to go In-Camera 15 2. CALL TO ORDER O Canada: Performed by 7 local musical talents (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 13, 2021 Minutes - City Council - 13 Jul 2021 - Minutes - Pdf 16 - 33 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. PLANNING MATTERS 6.1. PBD-2021-41 (Comments from residents and presentation added) 26T-11-2021-001 and AM-2021-001 34 - 124 Page 1 of 431 Garner Road Draft Plan of Subdivision and Zoning By-law Amendment Application East side of Garner Road, South of Lundy’s Lane Applicant: 1198815 Ontario Limited Agent: Bousfields Inc. (David Falletta) PBD-2021-41, AM-2021-001 & 26T-11-2021-001, Garner Road Subdivision Presentation - PBD-2021-41-Garner Road AM-2021-001 - Garner Road - Comments from Residents (Redacted) Letter to A. Herlovitch from Daniel & Partners Aug. 9 2021 2021-08-05 NF Director of Planning re Zoning By-Law Amendment w att. 6.2. PBD-2021-42 (Comments from Residents added; Agent's presentation added) AM-2021-011, Zoning By-law Amendment Application 5563 Slater Avenue Applicant: Barrington Timoll and Heather Cox Agent: NPG Planning Solutions Inc. (Cory Armfelt) Conversion of Existing Detached Dwelling to Triplex PBD-2021-42, AM-2021-011 5563 Slater Avenue Presentation - PBD-2021-42 Slater Avenue Presentation - 5563 Slater Avenue NPG Public Meeting Slides (August 10 2021) Draft AM-2021-011 - Slater Ave - Resident Comments (Redacted) 125 - 157 7. REPORTS 7.1. F-2021-43 2021 Property tax penalty and interest rate F-2021-43 Property Tax Penalty and Interest Rate F-2021-43 Attachment 158 - 163 Page 2 of 431 7.2. F-2021-44 Debt Funding of Capital Projects F-2021-44 - 2021 Debt Funding of Capital Projects F-2021-44 - Attachment 1 - PBD-2021-19 - Municipal Service Centre Renovation F-2021-44 - Attachment 2 - 2019 DC Background Study (Fire Servies) F-2021-44 - Attachment 3 - FS-2019-04 Construction of Fire Department Station 7 F-2021-44 - Attachment 4 - Debt Funding of Capital Projects - Annual Repayment Limit 164 - 176 7.3. F-2021-45 Capital Project Closing Report as at June 30, 2021 F-2021-45 - 2021 Capital Project Closing Report as at June 30, 2021 F-2021-45 - Attachment 1 - 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects With Funding Implications F-2021-45 - Attachment 2 - 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects Without Funding Implications 177 - 186 7.4. F-2021-46 Tax Supported Operating Fund 2019 Budget to Actual (unaudited) Comparison F-2021-46 Tax Supported Operating Fund 2019 Budget to Actual Comparison (unaudited) F-2021-46 Attachment 187 - 197 7.5. MW-2021-44 (Report updated) Millennium Recreation Trail Section 2 Update and Development MW-2021-44 - Millennium Recreation Trail Section 2 Update and Development 198 - 211 Page 3 of 431 MW-2021-44 - Attachment 1-CONCEPT PLAN Millennium Recreation Trail Section 2 MW-2021-44 - Attachment 2 -Millennium Trail Section 2 Development Project Capital Project Form MW-2021-44 - Attachment 3-Millennium Recreational Trail Masterplan Map of Sections MW-2021-44 - Attachment 4 MRT Section 2 Community Engagement Summary MW-2021-44 - Attachment 5-Bigger Picture Trail Connectivity Plan MW-2021-44 - Attachment 6-Concept Image of Trail Entrance from Mcleod Road 7.6. MW-2021-46 Lundy’s Lane Cemetery Operations Building Replacement MW-2021-46 - Lundy's Lane Cemetery Operations Building Replacement MW-2021-46 - Attachment 1 - Lundys Lane Cemetery Overview Maps MW-2021-46 - Attachment 2 - Lundys Lane Operations Centre Photos MW-2021-46 - Attachment 3 - Lundy's Lane Facility - Pre Cast Option MW-2021-46 - Attachment 4 - Lundy's Lane Facility - Modular Building Option 212 - 231 7.7. MW-2021-48 Recommended Parking Fine Increase, Effective January 1, 2022 MW-2021-48 Recommended Parking Fine Increase, Effective January 1, 2022 MW-2021-48 Attachment 1_Fine Comparison 232 - 236 7.8. MW-2021-49 4500 Park Street Building Decommissioning & Soil Remediation – Construction Update 237 - 240 Page 4 of 431 MW-2021-49 4500 Park Street Construction Update 7.9. PBD-2021-40 26T-11-2019-003, Draft Plan of Subdivision Modification to Draft Plan Approval 6642 St. Thomas More Drive Part of Lot 158, Township of Stamford Applicant: 1956662 Ontario Inc. Agent: Corbett Land Strategies Inc. (Candice Hood, John Corbett) PBD-2021-40, 26T-11-2019-003, Redline Revisions to Draft Plan Approval (St. Thomas More) 241 - 256 7.10. PBD-2021-43 (Comments from residents added) AM-2019-022, Official Plan and Zoning By-law Amendment Application 5359 River Road and 4465 Eastwood Crescent (Grandview Inn and Proposed Satellite Accommodation) 5411 River Road (Proposed Vacation Rental Unit) Proposal: Proposed Hybrid Inn providing Satellite Accommodation in Conjunction with the Inn and a Vacation Rental Unit Owners: 5399 River Road: 11409433 Canada Inc. (Richard Xue) 4465 Eastwood Crescent: 1907782 Ontario Inc. (John Pinter) 5411 River Road: Alfred and Collette D’Souza Agent: Rocky Vacca, Sullivan Mahoney PBD-2021-43, AM-2019-022 Satellite Accomodations in Conjunction With Grandview Inn and Vacation Rental Unit Email from Rocky Vacca - AM-2019-022, 5359 & 5411 River Road & 4465 Eastwood Cres AM-2019-022 - Comments from Residents (Redacted) Comments from Linda Manson - Council Aug 10 2021 vs 5411 River Rd VRU Agenda Item 7.10 Comments from Heather Gifford Concerns of Mr Westhues 257 - 282 8. CONSENT AGENDA Page 5 of 431 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-2021-41 Municipal Accounts F-2021-41 Municipal Accounts F-2021-41 Attachment 283 - 295 F-2021-42 Monthly Tax Receivables Report – June F-2021-42- Tax Receivables Monthly Report (June) F-2021-42- Attachment 296 - 299 L-2021-15 Encroachment Agreement with the City 6671 Fallsview Boulevard and encroachments into the Fallsview Boulevard road allowance (Owners: Brian Desmond Fitzgerald, Cynthia Cecelia Fitzgerald and Elizabth Anne Solari; Tenant: Copacabana Brazilian Steakhouse) Our File No. 2020-141 L-2021-15 Encroachment Agreement with the City - 6671 Fallsview Blvd 300 - 304 MW-2021-45 Drummond Road Phase 1 Project Update MW-2021-45 Drummond Road Phase 1 Project Update MW-2021-45 - Attachment 1 - Delay Request MW-2021-45 - Attachment 2 - Initial Notice 305 - 314 Page 6 of 431 MW-2021-45 - Attachment 3 - Letters from Suppliers MW-2021-47 Canada Community Revitalization Fund Tennis and Basketball Courts Improvements Project MW-2021-47 Canada Community Revitalization Fund MW-2021-47 Attachment 1 -Capital Budget Worksheet 315 - 319 MW-2021-51 Update to Definition of “Holiday” in Parking and Traffic By-laws MW-2021-51 Update to Definition of “Holiday” in Parking and Traffic By- laws 320 - 321 PBD-2021-35 PLC-2021-002, Request for Removal of Part Lot Control Lot 22 Plan 239 2757-2761 Wedgewood Crescent Applicant: Bruno Alfano PBD-2021-35, PLC-2021-002, Wedgewood Cr 322 - 325 PBD-2021-44 DOW-2017-005, Request for Extension of Commercial Building and Façade Grant Approval for 4463 Queen Street Applicant: Intellectual Inventive Inc. PBD-2021-044, DOW-2017-005, Intellectual Inventive Inc. 4463 Queen Street 326 - 332 TS-2021-05 WEGO Visitor Transportation Services – Extension Agreement TS-2021-05 WEGO Visitor Transportation Services (VTS) Extension Agreement TS-2021-05 WEGO Visitor Transportation Services (VTS) Extension Agreement - Attachment 1 333 - 342 Page 7 of 431 TS-2021-05 WEGO Visitor Transportation Services (VTS) Extension Agreement - Attachment 2 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Niagara Peninsula Conservation Authority (NPCA) - Distribution of the NPCA Water Quality Summary Report NPCA passed a resolution at their June 18, 2021 meeting regarding the Water Quality Summary Report for the year 2020. RECOMMENDATION: For the Information of Council. NPCA - Distribution of the NPCA Water Quality Summary Report for the Year 2020 to Member Municipalities NPCA Water Quality Fact Sheet 343 - 345 9.2. Additional correspondence from Niagara Peninsula Conservation Authority (NPCA) - Compliance and Enforcement Q2 Statistics - 2021 As part of NPCA's commitment to improving communication to municipal partners, the attached report is for Council's information. RECOMMENDATION: For the Information of Council. Correspondence RE Report No. FA-45-2021 - Niagara Falls Report FA-45-21 - Compliance and Enforcement Q2 Statistics 2021 346 - 350 9.3. Resolution - NPCA - Pollinator Series Attached is a document with a resolution from the NPCA Full Authority Board of Directors meeting on July 16, 2021. RECOMMENDATION: For the Information of Council. NPCA Resolution No. FA-147-2021 RE Pollinator Species - Niagara Falls 351 - 352 9.4. Fallsview BIA - Thank you letter - Extending patios - Fallsview Boulevard Attached, is a thank you letter from Fallsview BIA for Council extending patio season on Fallsview Boulevard. 353 Page 8 of 431 RECOMMENDATION: For the Information of Council. Extended patio letter from Fallsview BIA -July 2021 9.5. Public Notice - Millennium Trail Closure Attached is a Public Notice from the Niagara Region regarding the closure of the Millennium Trail in Niagara Falls. RECOMMENDATION: For the Information of Council. 2021-07-27-NF-Clerk-Millennium-Closure-Notice.Ltr 2021-07-27-Notice of Millennium Trail Closure-Final 354 - 356 9.6. Resolution - Town of Pelham - Motion to Rescind Previous Decision re: Governance of Niagara Central Dorothy Rungeling Airport (NCDRA) and Niagara District Airport (NDA) Attached, please find the motion endorsed by the Council of the Town of Pelham at their July 26th, 2021 meeting regarding the governance of the Niagara Central Dorothy Rungeling Airport and Niagara District Airport. RECOMMENDATION: For the Information of Council. 6 Motion to Rescind Previous Decision - NCDRA & NDA Governance 357 9.7. Special Occasion Permit Request - Chippawa Volunteer Firefighers Association (CVFA) - SPN Slo Pitch Tournament Brian Winrow, from the Chippawa Volunteer Firefighters Association is requesting that the City of Niagara Falls declare the SPN Slo Pitch Tournament on August 27-29, September 10-12 and September 17-19, 2021, at 3862 Weinbrenner Road, Chippawa Patrick Cumming Memorial Park as "municipally significant" in order to assist with obtaining a Special Occasion Permit from AGCO. RECOMMENDATION: For the Approval of Council. Chippawa Volunteer Firefighters Association - Request for Special Occasion Permit 358 9.8. Proclamation - Waste Reduction Week Held annually during the third week of October since 2001, Waste Reduction Week in Canada, through a coalition of environmental non- profit and government organizations from across the country, shines the spotlight on responsible production and conscious consumption. 359 - 369 Page 9 of 431 There is a request to ask municipalities across Canada to renew their commitment and celebrate sustainability by proclaiming October 18 - 24, 2021 as "Waste Reduction Week in Canada." RECOMMENDATION: That the City of Niagara Falls renew their commitment and celebrate sustainability by proclaiming October 18 - 24, 2021 as "Waste Reduction Week in Canada." Proclamation - Waste Reduction Week in Canada 9.9. Proclamation Request - Child Care Worker and Early Childhood Educator Appreciation Day The Ontario Coalition for Better Child Care (OCBDD) is requesting that the Niagara Falls Council proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" on Thursday, October 21, 2021. RECOMMENDATION: That the City of Niagara Falls proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" on Thursday, October 21, 2021. CUPE ECE Appreciation Day Declaration Request- October 21 370 - 372 9.10. Proclamation and Flag-Raising Request - National Polycystic Kidney Disease (PKD) Awareness Day The PKD Foundation of Canada is requesting that the City of Niagara Falls proclaim Saturday, September 4, 2021 as "National Polycystic Kidney Disease (PKD) Awareness Day" and to raise the "End PDK" flag in support. RECOMMENDATION: That the City of Niagara Falls proclaim Saturday, September 4, 2021 as "National Polycystic Kidney Disease (PKD) Awareness Day" and to raise the "End PDK" flag in support. Proclamation and Flag Raising Request - PKD Foundation of Canada 373 - 374 9.11. Flag-Raising - 16 Days of Activism Gender Based Violence Attached is a motion from Niagara Region to actively participate in the 16 Days of Activism against Gender-Based Violence by flying a campaign flag from November 25th to December 10, 2021. RECOMMENDATION: That Council support the initiative and direct staff to inquire about holding a similar flag raising from November 25 th 375 - 376 Page 10 of 431 to Dec 10th 2021 in order to raise awareness of the 16 Days of Activism against Gender-Based Violence. CLK-C 2021-108 Motion re 16 Days of Activism 9.12. Flag-Raising Request - Franco-Ontario Day Community Liaison Officer, Arwinder Kaur, from Conseil Scolaire Viamonde, is requesting a flag-raising ceremony on Friday, September 24, 2021 to honour Franco-Ontarian Day at City Hall. RECOMMENDATION: That Council approve the request to arrange a flag-raising ceremony on Friday, September 24, 2021 to honour and recognize "Franco-Ontarian" Day. Flag-Raising Request - Franco-Ontarian Day 377 - 379 9.13. Flag-Raising Request - Ukrainian Canadian Congress - 80th Anniversary The President of the Ukrainian Canadian Congress, Niagara Branch, Irene Newton, is requesting a flag-raising ceremony on Monday, August 23rd or Tuesday, August 24, 2021 to commemorate the 80th Anniversary of the Ukrainian Canadian Congress and the 30th Anniversary of Urkraine's Independence from the Soviet Union. Arrangements to have the Falls lit up in the flag colours of blue and yellow have been arranged for August 24 at 10:00 PM for 15 minutes. RECOMMENDATION: That Council approve a flag-raising ceremony on Monday, August 23rd or Tuesday, August 24, 2021 to commemorate the 80th Anniversary of the Ukrainian Canadian Congress and the 30th Anniversary of Urkraine's Independence from the Soviet Union. Flag-Raising Request - Ukrainian Canadian Congress - 80th Anniversary 380 - 381 9.14. Request for Fee Waiver - Use of Chippawa/Willoughby Memorial Arena The Chippawa Volunteer Firefighter's Association has been working with the SPN Slo Pitch to host end of summer tournaments. The CVFA is requesting the City of Niagara Falls to waive rental fees to utilize the Chippawa-Willoughby Arena for the dates mentioned in letter attached. The waiver of fees is currently estimated to be $4345.29 for the 3 weekends. RECOMMENDATION: For Council's Consideration. 382 Page 11 of 431 City of NF Arena August 2021 9.15. Noise By-law Exemption - Taps Brewing Co. Inc. Taps Brewing Co. Inc is requesting relief of the City's Noise By-law for Live Music outdoor events for Saturday evenings from August 21st to September 25th as per the attached correspondence. RECOMMENDATION: For Council's Consideration. City of Niagara Falls Noise By-Law Exemption for Taps 2021 383 9.16. Correspondence from Niagara Resource Service of Youth (RAFT) - Homelessness Prevention in Niagara Falls and Niagara The attached report examines the first two years for the Shelter Diversion program in Niagara. RECOMMENDATION: For the Information of Council. Two Years of Shelter Diversion Learnings and Lessons 2021 384 - 413 10. RESOLUTIONS 10.1. Resolution - St. Thomas More Drive - PBD-2021-40 - 26T-11-2019- 003 That subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the St. Thomas More Plan of Subdivision minor and exempts the requirement for circulating a written notice. No.7 - Resolution to Council- St. Thomas More 414 11. RATIFICATION OF IN-CAMERA 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2021-75 - A by-law to authorize the payment of $29,323,916.34 for General Purposes. 05 - Municipal Accounts 210810 415 Page 12 of 431 2021-76 - 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 AUG 10 By-law Enforcement Officers 416 - 417 2021-77 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads, and to amend By-law No. 96- 50, being a by-law to regulate parking in various municipal parking facilities. (Holiday) Aug 10 - Holiday Definition 418 - 419 2021-78 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) August 10- Stop Signs 420 2021-79 - A by-law to amend By-law No. 1538-1958 (Crowland) to restrict the use of the Lands to agricultural purposes only (AM-2021- 004). By-law 1 for AM-2021-004 By-law 1 schedule for AM-2021-004 421 - 423 2021-80 - A by-law to amend By-law No. 1538-1958 (Crowland) to permit a reduction in minimum lot area of the Lands (AM-2021-004). By-law 2 for AM-2021-004 By-law 2 schedule for AM-2021-004 424 - 426 2021-81 - A by-law to designate Lot 22, Registered Plan 239, not to be subject to part-lot control (PLC-2021-002). By-law for PLC-2021-002 427 2021-82 - A by-law to establish Parts 3 and 4 on 59R-16976 (one foot reserves) as a public highway to be known as, and, form part of Brookside Drive. By-Law to Establish Highway (lift one foot reserve) - Brookside Drive 428 Page 13 of 431 2021-83 - A by-law to establish Parts 1 and 2 on 59R-16976 (one foot reserves) as a public highway to be known as, and, form part of Citation Road. By-Law to Establish Highway (lift one foot reserve) - Citation Rd 429 2021-84 - A by-law to establish Part 5 on 59R-16976 (one foot reserve) and Block 41, Plan 59M-241, as a public highway to be known as, and, form part of Secretariat Court. By-Law to Establish Highway (lift one foot reserve) - Secretariat Court 430 2021-85 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of August, 2021. 08 10 21 Confirming By-law 431 13. NEW BUSINESS 14. ADJOURNMENT Page 14 of 431 The City of Niagara Falls, Ontario Resolution August 10, 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 August 10, 2021, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (c), (e) and (k) of the Municipal Act: (2) A meeting or part of a meeting may be closed to the public if the subj ect matter being considered is; (c) a proposed or pending acquisition or disposition of land by the municipality; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. THEREFORE BE IT RESOLVED that on August 10, 2021 Niagara Falls City Council will go into a closed meeting that is scheduled at 1:00 p.m., to consider matters that fall under section 239 (2) (c) of the Municipal Act to discuss a proposed offer to purchase land within the Montrose Business Park as well as the donation of land to the City abuttin g a park. Council will also consider matters under section 239 (2) (e) of the Municipal Act for matters dealing with litigation or potential litigation regarding a potential LPAT settlement. Lastly, Council will consider a plan or instruction to be applied to negotiations under section 239 (2) (k), as it relates to lands at 4500 Park Street. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 15 of 431 MINUTES City Council Meeting Tuesday, July 13, 2021 Council Chambers/Zoom App at 1:00 PM 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 STAFF PRESENT: Alex Herlovitch (Acting CAO), Serge Felicetti, Erik Nickel, Jo Zambito, Kathy Moldenhauer, Jon Leavens, Angela Davidson, Carla Stout, Bill Matson, Heather Ruzylo 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Mayor Jim Diodati, Seconded by Councillor Mike Strange that Council enter into an In-Camera session. Carried Unanimously (Councillors Campbell and Ioannoni were absent from the vote). 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 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the minutes of June 22, 2021 be approved as recommended. Carried Unanimously Page 1 of 18 Page 16 of 431 City Council July 13, 2021 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Victor Pietrangelo declared a conflict of interest to Item #7.1 - PBD-2021-36 (Employment Lands Strategy) as family owns land in the vicinity. b) Councillor Lori Lococo declared a conflict of interest to Item #7.1 (Employment Lands Strategy) as family owns property nearby and the report also includes the GO Station Transit Plan and she lives in that vicinity. Councillor Lori Lococo also declared a conflict of interest to Item #8.3 - PBD-2021-029 (Request to Council to consider a Downtown CIP Revitalization Grant...) as spouse's former employer. Councillor Lori Lococo declared a conflict of interest to Item #8.4 - CD- 2021-02 (Fee Waiver Applications) as Downtown BIA is one of the requestors and this is her spouse's former employer. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Rosemarie Puttick, wife of Norm Puttick, former City Councillor. b) Mayor Diodati recognized the recent opening of La Paisana Latin Grocery Store and for Councillor Victor Pietrangelo for also attending. c) Mayor Diodati further discussed the following local duo - "Buddy and Mike." • Local duo “Buddy and Mike” are taking the internet by storm • Buddy and Mike have hundreds of thousands of followers on social media channels between Tik Tok and Instagram • Their following exploded during the pandemic • They’ve been sharing positivity, good stories & having fun ever since • It’s only natural that they take on the role of “COVID recovery ambassadors” for Niagara Falls! • [video was shown} • Ask for a motion of council to make Buddy and Mike official COVID recovery ambassadors for Niagara Falls! Page 2 of 18 Page 17 of 431 City Council July 13, 2021 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council approve a motion to make Buddy and Mike official COVID recovery ambassadors for Niagara Falls. Carried Unanimously 6. DEPUTATIONS / PRESENTATIONS 6.1. Chippawa Creek Rescue Mayor Diodati recognized Adam Wlodarczyk and Kellie Crossley for their rescue efforts on the Chippawa Creek. • Pleased to invite Kellie and Adam here today to share their story and to honour their heroic actions. • During a weekend float in the Chippawa Creek, you noticed a man drowning and jumped in to action to save him. • Kellie was shouting for help and garnered the assistance needed as Adam brough him to safety. • Thank you to both Adam and Kellie for not thinking twice, and for taking quick action to save a life. • Since this incident there has also been another tragic death in this area. • Incidents like these remind us of the power of the water. • How important it is to have water safety and respect. • Thanks to Kellie’s requests, we have implemented new safety training and equipment for volunteers and monitors at the river. • Jim Diodati, Wayne Campbell, Carolynn Ioannoni, Vince Kerrio, Victor Pietrangelo, Mike Strange, Wayne Thomson, and Chris Dabrowski • Kellie and Adam both spoke speaking of the importance of increased safety and rescue measures in this area. Mayor Diodati took a few moments to honour Jaylon Craig, the young man who recently drowned in the Chippawa Creek. • 17-year Jaylon Craig recently lost his life in the water on June 27th. • Our thoughts go out to Jaylon’s family. • As a tribute to him, his family is committed to doing something in his memory • They want to see something that honours him, and also serves to raise awareness about water safety for those swimming in Chippawa. • Could we get a motion of Council to place a memorial bench with a message that serves as a reminder of Jaylon’s life and that also Page 3 of 18 Page 18 of 431 City Council July 13, 2021 shares awareness of respect for water and water safety in the area? ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Lori Lococo that Council direct staff to place a memorial bench with a message that serves as a reminder of Jaylon's life and that shares awareness and respect for water and water safety in the area. Carried Unanimously ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council direct staff to enhance the signage in the Chippawa Creek area and to recognize the media campaign regarding safety protocols. Carried Unanimously 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 The report recommends 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. Alex Herlovitch, Director of Planning, Building and Development, introduced Adam Fischer from Watson & Associates and Kelly Martel, from Dillon Consulting to make a presentation to Council. Adam Fischer, Watson & Associates Economists Ltd. and Kelly Martel, of Dillon Consulting, provided a powerpoint presentation to Council regarding the City of Niagara Falls Employment Land Strategy. The following individuals spoke to this report providing feedback and information to bring back to the consultants for the follow-up report: Page 4 of 18 Page 19 of 431 City Council July 13, 2021 • Stephen Armstrong, on behalf of Warren Woods Land Corp, spoke in support of a mixed use for the developmental area and shared a figure for proper description. • Rocky Vacca, from Sullivan Mahoney, spoke on behalf of a few clients (800460 Ontario Ltd.). • Jamie Cook, from Watson & Associates. • Rick Brady, represented owners at 9304 McLeod Road (Fred Constabile) and submitted written correspondence to Council. • Brenda Khes, Associate Senior Planner from GSP Planning Group, spoke on behalf of 2610832 Ontario Inc, 9015 Stanley Avenue. • Bill Croker, 6034 Lyon's Creek Road. • Barb Gahn, 6150 Reixinger Road, spoke opposing the area f or factory, industrial, cannabis use. • Gregory Marino, 7119 Reixinger Road (property owner). • Jennifer Ricci, lawyer, representing 2610832 Ontario Inc, spoke recommending not to lift the deferral part of the meeting as suggested. The Public Meeting was closed. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Campbell 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. Carried Unanimously (Councillor Lori Lococo and Councillor Victor Pietrangelo both declared a conflict of interest). 7.2. 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 (Than Laman) The report recommends 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. Page 5 of 18 Page 20 of 431 City Council July 13, 2021 Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-031. The agent, Ethan Laman, from Upper Canada Consultants, was in attendance to show his presentation if necessary, however, Council did not have any further questions so Ethan did not present. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo 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. Carried Unanimously 8. REPORTS 8.1. F-2021-39 2018 Consolidated Financial Statements Mark Palumbi and Christine Morrow from Crawford, Smith and Swallow Chartered Accountants LLP were in attendance virtually, however were not needed to answer any questions. The report recommends for the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the draft audited statements for the year ended, December 31, 2018, the 2018 draft post- audit letter and the 2018 draft management letter and that Council receive the 2018 Independence Letter and 2018 Pre-Audit Letter. Carried Unanimously 8.2. F-2021-40 GROW Grant Request for Property Tax Forgiveness Page 6 of 18 Page 21 of 431 City Council July 13, 2021 The report recommends 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. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council approve the grant request to forgive taxes for 2019 and 2020 in the amount of $7,406.25 and any related penalty and interest. Carried (Councillor Carolynn Ioannoni and Councillor Lori Lococo were opposed to the vote). 8.3. 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 grant under the Downtown Community Improvement Plan be denied. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that Council approve the CIP request for the grant and to try to align the City's CIP process to match the Region's timing when it comes to apply for CIP funding. Carried (Councillor Lori Lococo was opposed to the vote). 8.4. 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 The report recommends the following: That Council approve the Fee Waiver Applications for: Page 7 of 18 Page 22 of 431 City Council July 13, 2021 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Lori Lococo declared a conflict). 8.5. PBD-2021-33 Request by Downtown BIA to Apply Community Improvement Area funds to other works The report recommends that Council not authorize the use of the Downtown Community Improvement Plan Reserve as it does not meet the intent of the programs. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council authorize/grant the use of the Downtown Community Improvement Plan (CIP) Reserve and grant their request of $30,000.00 from the Downtown CIP Reserve for the repainting of the Downtown Arches and removal of the previous "Q" branding. Carried (Councillor Carolynn Ioannoni was opposed to the vote and Councillor Lori Lococo declared a conflict). 8.6. TS-2021-04 2022 Capital Budget Preapproval Request – Industrial Scrubber Page 8 of 18 Page 23 of 431 City Council July 13, 2021 The report recommends 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council preapprove the allocation of 2022 Capital Budget funds in the amount of $60,000.00 for the purchase of a new electric industrial floor scrubber for the City of Niagara Falls' WEGO facility. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 8.7. AD-HOC AFFORDABLE HOUSING COMMITTEE (Councillor Victor Pietrangelo chaired this portion of meeting). PBD-2021-37 Surplus Dunn Street Extension Lands Opportunities and Constraints for Housing Development The report recommends that Council direct staff to have concept drawings prepared for the Dunn Street Extension lands, suitable for public consultation. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council direct staff to have concept drawings prepared for the Dunn Street Extension lands, with a cost upset limit of $5000, suitable for public consultation. That staff contact the Niagara Region and Federal government regarding funding opportunities, as well as reaching out to the coop on Kalar Road to the north for partnership opportunities and to explore other City properties that might be available for affordable housing development. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. Page 9 of 18 Page 24 of 431 City Council July 13, 2021 CD-2021-03 Flag Raising / Lowering Request Policy The report recommends the following: 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. MW-2021-43 Intersection Control Reviews - Multiple Locations The report recommends 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 PBD-2021-032 26CD-11-2018-002 Extension to Draft Approval Plan of Condominium (Standard) 4311 Mann Street Applicant: Phelps Homes Agent: James Warren The report recommends that Council grant a one year extension to draft plan approval of the Standard Condominium, ending July 13, 2022. 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 The report recommends 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. Page 10 of 18 Page 25 of 431 City Council July 13, 2021 PBD-2021-38 Matters Arising from Municipal Heritage Committee 2021 Designated Property Grant Former Lyon’s Creek United Church, 7906 Schisler Rd Roof replacement The report recommends 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. PBD-2021-39 Residential Front Yard Vegetable Gardens The report recommends that Council receive report PBD-2021-39 as information. Councillor Lori Lococo requested that Report PBD-2021-38 and Report PBD- 2021-39 be lifted and further provided Council with the outcome and details from each report respectively. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the reports are approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Page 11 of 18 Page 26 of 431 City Council July 13, 2021 Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillors Campbell and Ioannoni were absent from the vote). 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. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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." Page 12 of 18 Page 27 of 431 City Council July 13, 2021 RECOMMENDATION: That Council proclaim a seven day period, beginning Thursday, September 30th, 2021 and ending Thursday, October 7, 2021 as "Residential School Remembrance Week." ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council proclaim a seven day period, beginning Thursday, September 30th, 2021 and ending Thursday, October 7, 2021 as "Residential School Remembrance Week." Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 10.5. 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Lori Lococo that Council direct Staff to initiate the renaming of Ryerson Cresent. Page 13 of 18 Page 28 of 431 City Council July 13, 2021 Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 10.9. 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. Page 14 of 18 Page 29 of 431 City Council July 13, 2021 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio 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. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillor Wayne Campbell and Councillor Ioannoni were absent from the vote). Page 15 of 18 Page 30 of 431 City Council July 13, 2021 11. RESOLUTIONS 12. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that direction be given to staff regarding the security of the property of the municipality, as well as Council authorize staff to obtain additional insurance for a total premium increase of $35,000.00; furthermore, that Council accept the offer to purchase Part 12 on reference plan, 59R-16783 for $178,875.000 plus H.S.T within the Montrose Business Park. Carried Unanimously (Councillor Wayne Campbell and Councillor Carolynn Ioannoni were absent from the vote). 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. 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. 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. 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. 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). Page 16 of 18 Page 31 of 431 City Council July 13, 2021 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 14. NEW BUSINESS a) Short-Term Rental/VRU Information ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Vince Kerrio that the City post through social media outlets information pertaining to after hours assistance regarding by-laws for short-term rentals, B&B's and vacation rental units. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). b) Thorold Townline Road - Speed Reduction/Safety Concerns ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council request staff to ask the Region to consider the following two (2) safety measures on Thorold Townline Road: 1) Install a 3-way stop at Thorold Townline Road and McLeod and, 2) Reduce the speed limit from 80 kms to 60 kms per hour, from Chippawa Creek Road to Lundy's Lane, or even further if Regional staff feel it is appropriate,to make it equivalent to the speed reduction the Region did previously on Thorold Townline Road. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 5:49 PM. Page 17 of 18 Page 32 of 431 City Council July 13, 2021 Carried Unanimously (Councillor Wayne Campbell was absent from the vote). Mayor City Clerk Page 18 of 18 Page 33 of 431 PBD-2021-41 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-41 26T-11-2021-001 and AM-2021-001 Garner Road Draft Plan of Subdivision and Zoning By-law Amendment Application East side of Garner Road, South of Lundy’s Lane Applicant: 1198815 Ontario Limited Agent: Bousfields Inc. (David Falletta) RECOMMENDATIONS 1. That the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report; 2. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 3. 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; 4. 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, 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfactio n of the City Solicitor. EXECUTIVE SUMMARY 1198815 Ontario Limited has submitted a revised application to subdivide 3.75 hectares (9.26 acres) of land on the east side of Garner Road south of Lundy’s Lane. The original application was to subdivide 4.23 hectares (10.45 acres) into 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 14 block townhouses, 1 block for an apartment building, as well as blocks for stormwater management access, landscaping, road widening, and land to be dedicated as municipal streets. The revised application removed the proposed apartment building block and proposes 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 12 block townhouses, as well as blocks for stormwater management access, landscaping, road widening, and land to be dedicated as municipal streets. As a result of the removal of the apartment building block, the Official Plan amendment application (to permit a density of 243 units per hectare) was withdrawn and the zoning by- Page 34 of 431 2 PBD-2021-41 August 10, 2021 law amendment application was revised to remove the request to zone the land a site specific Residential Apartment 5F Density (R5F) zone to permit an apartment building. The applicant has also applied to amend Zoning By-law No.79-200 to zone the proposed detached dwelling lots a site specific Residential 1F Density (R1F) zone, the proposed on- street townhouse blocks a site specific Residential Mixed (R3) zone, the proposed block townhouse block a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, and the proposed landscape and stormwater management access blocks the Open Space (OS) zone. Planning staff recommends the applications, for the following reasons: The proposed development conforms to Provincial policies with respect to contributing towards the achievement of intensification targets in the Designated Greenfield Areas; The proposed development is in conformity with the City’s Official Plan and the Garner Neighbourhood Secondary Plan as it provides a variety of housing types, meets the density targets, offers efficient expansion of infrastructure, and is transit supportive; and, The requested site specific residential zones maintain appropriate regulations for the proposed dwelling types and ensure the proposed development will be compatible with surrounding properties. The requested Open Space (OS) zone is appropriate for the stormwater management access block. The conditions of draft plan approval, which must be satisfied before subdivision registration, are listed in Appendix A. These conditions address servicing, road widenings, parkland cash-in-lieu payment, landscaping, utility installation, and all other matters related to the development of the subdivision. BACKGROUND Proposal 1198815 Ontario Limited has submitted a revised application to subdivide 3.75 hectares (9.26 acres) of land on the east side of Garner Road south of Lundy’s Lane. Refer to Schedule 1 for the location and Schedule 2 for details of the proposed subdivision. Originally the applicant proposed to subdivide 4.23 hectares (10.45 acres) into 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 14 block townhouses, 1 block for an apartment building, as well as blocks for stormwater management access, landscaping, road widening, and land to be dedicated as municipal streets. The revised application removed the apartment building block, which now is part of the other lands owned by applicant, and reduced the number of block townhouse units by 2. The developer made these changes as a result of public comments received and will plan a comprehensive development proposal for their abutting land holdings. Page 35 of 431 3 PBD-2021-41 August 10, 2021 As a result of the removal of the apartment building block, the Official Plan amendment application (to permit a density of 243 units per hectare whereas 100 units per hectare may be considered) was withdrawn and the zoning by-law amendment application was revised to remove the request to zone the proposed apartment building block a site specific Residential Apartment 5F Density (R5F) zone. The land is currently zoned Development Holding (DH), in part, and Tourist Commercial (TC), in part in By-law No. 79-200. The revised application requests the land be zoned in By-law No. 79-200 as follows: the proposed detached dwelling lots a site specific Residential 1F Density (R1F) zone; the proposed on-street townhouses a site specific Residential Mixed (R3) zone; the proposed block townhouses a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone; and, the proposed stormwater management access and landscape blocks the Open Space (OS) zone. Site Conditions and Surrounding Land Uses The subject land is vacant and predominately flat grassland with scattered shrubs and trees. The subject land is immediately bounded by Garner Road to its west with several large detached dwelling lots, to its south-west is the Niagara Falls Golf Course and agricultural land; detached dwellings and the terminus of Angie D rive are to its east; detached dwellings, on-street townhouses, and a stormwater management pond are to its south; and, additional vacant lands of the owner, adult entertainment facilities, commercial uses (including motel and campgrounds), as well as, a light manufacturing facility are to its north. Circulation Comments Building Services - Building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review. Business Development, GIS Services, Legal Services, and Hydro One - No objections. District School Board of Niagara - The Board is satisfied future students from the proposed development may be accommodated at existing schools. Fire Services, Parks & Landscape Services, Municipal Works, Transportation Services, Bell Canada, Enbridge Gas Inc., Canada Post, and Niagara Region - No objections, subject to meeting the conditions listed in Appendix A. Page 36 of 431 4 PBD-2021-41 August 10, 2021 - Transportation Services no concerns with the potential increase in traffic or level of service at internal intersections. This section of Garner Road is expected to have transit service in the future. Staff have contacted Niagara Regional Police to enforce existing stop signs and have determined the existing speed control devices are effective in having vehicles operate at acceptable speed levels. - Transportation Services conditions include: the requirement for traffic calming measures (a speed cushion is recommended between Lots 1 and 2 and just east of Block 50) and sidewalks (on both sides of Street “A” (Angie Drive), the east side of Garner Road, and the inside of Street B) to assist with pedestrian safety. - Municipal Works conditions include: the provision of servicing and grading plans for review and approval. Public Submissions A total of 23 letters of objection and 2 letters of general support for the original application and 1 letter regarding the revised application have been received on the applications as of the date of the preparation of this report and are listed on this afternoon’s agenda. Concerns raised include: proposed apartment building (now removed from the revised draft plan), awareness of campfire smoke from nearby campgrounds, current condition of Garner Road, speed, traffic, parking, bus stops, crime, construction activities, preservation of trees, parkland, sewer extension on Garner Road and future development, drainage, the condominium townhouse block design considerations (i.e. buffer, fence, and private lane), buffers and fence along south property limit, school capacities, and opportunities for public participation. Neighbourhood Open House A neighbourhood open house was held remotely on March 29, 2021 and was att ended by the applicant’s agents as well as approximately 14 residents and interested persons. Concerns raised include: the proposed apartment building (now removed from the revised draft plan), speed, traffic, current condition of Garner Road, the condominium townhouse block design considerations (i.e. buffer, fence, and private lane), and impacts of construction vehicle routes. With respect to these concerns, staff offer the following comments: Provincial, Regional, and Local policies support a mixture of housing in new developments. The revised draft plan has removed the proposed apartment building. Concerns that specifically relate to the apartment building are no longer applicable to the revised applications. A warning clause addressing campfires has been included in the conditions. Page 37 of 431 5 PBD-2021-41 August 10, 2021 Municipal Works staff indicate improvements for the section of Garner Road closest to Lundy’s Lane are not yet budgeted. The proposed development offers cost sharing opportunities, which with approval of Capital funding, will allow coordination of work. When Garner Road, a planned cycling route, is reconstructed, a bike lane will be provided in each direction. Angie Drive is a collector road and was always planned to extend to Garner Road . Traffic calming measures are to be implemented as conditions of approval to ensure traffic safety. School Boards establish and coordinate the location of bus stops with their transportation providers. The subdivision agreement will have clauses that address dust, dirt, and noise generated from development. A neighbourhood park is not identified in the Garner Neighbourhood Concept Lan d Use Plan for the subject land. A condition requires cash-in-lieu of parkland dedication. Sanitary sewers will extend south from Lundy’s Lane, watermain will extend east from Angie Drive, and storm water will be directed towards the existing stormwater management facility located south of the subject land. Developers are responsible for the cost and extension of services. The condominium townhouse block will be subject to a future vacant land condominium application which will address fencing, landscaping, and the private lane location. ANALYSIS/RATIONALE 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: The proposed development is an efficient expansion of the Westlane community, is transit supportive, assists in the creation of a complete community, and minimizes land consumption and servicing costs; The Air and Noise Study have concluded there are no potential adverse effects from nearby light industrial operations. Draft plan conditions address the proposed noise mitigation measures and required warning clauses; Page 38 of 431 6 PBD-2021-41 August 10, 2021 The proposed subdivision’s density is 45.6 jobs and persons per hectare that will assist the City in meeting its Designated Greenfield Area density target across its entire Greenfield Area. While the proposed density is below the target, the City’s density target will be met in combination with other greenfield developments that have exceeded the density target. In addition, t he permitted development of the lands along Lundy’s Lane for apartments will assist in meeting density targets for the Garner Neighbourhood; and, The recommended regulations will facilitate the development of land in a manner that offers housing that will accommodate the needs of people of all ages, abilities, and incomes while maintaining appropriate levels of health and safety. 2. Official Plan and Garner Neighbourhood Secondary Plan The Official Plan and Garner Neighbourhood Secondary Plan designates the subject land as Residential. With the removal of the apartment building block, the official plan amendment, to address the proposed density of this block, is no longer required. The proposed development conforms as follows: The proposed development will have a range of dwelling types with a density of 45.60 jobs and persons per hectare which will contribute to the City’s Greenfield Area density target. While this is less than the 53 people and jobs per hectare Greenfield Area density target, the lands on the south side of Lundy’s Lane may be permitted to be developed for apartment buildings up to a density of 100 units per hectare which will offset the density shortfall. It meets the Garner Neighbourhood Secondary Plan density target (25 units per net hectare), utilizes land efficiently, and is transit supportive; The extension of municipal services from Lundy’s Lane and Angie Drive is orderly and logical. Conditions of approval address servicing matters; Angie Drive is a collector road which is planned, by the Garner Neighbourhood Concept Land Use Plan, to extend to Garner Road; and, The surrounding transportation network can support the proposed development. Conditions of approval include road widening and sidewalk construction to facilitate active transportation. 3. Zoning By-law The subject land is currently zoned Development Holding (DH), in part, and Tourist Commercial (TC), in part. Page 39 of 431 7 PBD-2021-41 August 10, 2021 Residential Lots and Blocks The applicant is requesting the detached lots be zoned a site specific Residential 1F Density (R1F) zone, the on-street townhouses be zoned a site specific Residential Mixed (R3) zone, and the block townhouses be zoned a specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. The R1F zone permits a detached dwelling, a home occupation, and accessory buildings and accessory structures. The R3 zone permits a detached dwelling, a semi-detached dwelling, a duplex dwelling, an on-street townhouse dwelling, a triplex dwelling, a quadruplex dwelling, a home occupation in a detached dwelling or semi-detached dwelling or a duplex dwelling, and accessory buildings and accessory structures. The R4 zone permits a townhouse dwelling, an apartment dwe lling, group dwellings, accessory buildings and accessory, and a home occupation in a detached dwelling or semi-detached dwelling or a duplex dwelling. The changes to the standard R1F regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Minimum Lot Area 320 m2 (3444.5ft2) 290 m2 (3,121.5 ft2) Lot Frontage Interpretation Lot frontage is based on the front yard and depth. Where two side lot lines are not parallel, the lot frontage is measured at a point 6 m (19.68 ft) from the front lot line. Maximum lot area which can be used as a surface parking area 30% 25% Maximum width of a driveway or parking area in the front yard of a lot 60% of the lot frontage but in no case more than 9 m 55% of the lot frontage. The requested zoning is appropriate as follows: The R1F zone is intended to regulate single detached dwellings; The requested reduction in the R1F regulations regarding minimum lot area is supported as an acceptable building envelope remains and the reduced lot area facilitates a compact urban form; Page 40 of 431 8 PBD-2021-41 August 10, 2021 The requested reduction in the maximum lot area that can be used as a surface parking area and width of driveway or parked area is supported as the lot area is smaller than the standard regulation and will ensure that a suitable amount of landscaping is provided; and, The requested definition of lot frontage is necessary to maintain a consistent interpretation where the front yard depth is reduced. The changes to the standard R3 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Minimum Lot Area – For an on-street townhouse dwelling 200 m2 (2,152.8 ft2) for each dwelling unit 180 m2 (1,937.5ft2) for each dwelling unit Minimum Lot Frontage- For an on-street townhouse dwelling 6.5 m (21.3 ft) for each dwelling unit 6 m (19.7 ft) for each dwelling unit Minimum Front Yard Depth 6 m (19.7 ft) plus any applicable distance specified in section 4.27.1 4.5 m (14.8 ft) for dwelling 6 m (19.7 ft) for private garage Minimum Interior Side Yard – For an on-street townhouse dwelling 3 m (9.8 ft) 1.5 m (4.9 ft) Minimum Exterior Side Yard Width 4.5 m (14.8 ft) plus any applicable distance specified in section 4.27.1 3 m (9.8 ft) Maximum Lot Coverage 45% 50% Maximum Height of Building or Structure 10 m (32.81 ft) subject to section 4.7 10.5 m Maximum Number of Dwelling Units on One Lot 1 only 8 units in an on-street townhouse dwelling Tandem Parking Not permitted for required parking Permit for required parking The requested zoning is appropriate as follows: The R3 zone is intended to regulate on-street townhouse dwellings; Page 41 of 431 9 PBD-2021-41 August 10, 2021 The requested reduction in the R3 regulations for on-street townhouses regarding the required minimum lot area, lot frontage, front yard depth, interior side yard, and exterior side yard is supported as suitable setbacks are maintained, an acceptable building envelope remains, and a compact urban form will result. By maintaining the minimum front yard depth for the private garage, the townhouse dwelling will be more prominent which is good urban design; and, The requested increase in the R3 regulations for on-street townhouses regarding maximum lot coverage and height is supported as the resulting building dimensions and height will not have a negative impact on abutting properties. Staff do not support the following requested changes: The requested permission for 8 units in an on-street townhouse dwelling is not required as 4 units are proposed for each block. Planning staff is supportive of 4 units in an on-street townhouse dwelling as the massing is appropriate . The requested permission to permit tandem parking for the on -street townhouses is not supported. No hardship is expected as on-street townhouses are only required to have one parking space per unit. The changes to the standard R4 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Minimum Lot Area – For a townhouse dwelling 250 m2 (2,691 ft2) 180 m2 (1937.5 ft2) for each dwelling unit Minimum Lot Frontage – For a townhouse dwelling or an apartment dwelling containing more than four dwelling units 30 m (98.4 ft) 6 m (19.7 ft) for each dwelling unit either on a street, private lane, or common elements condominium lane Minimum Front Yard Depth- For a townhouse dwelling 6 m (19.7 ft) plus any applicable distance specified in section 4.27.1 For any part of the dwelling 4.5 m (14.7 ft) For any part of a private garage with access from the front lot line 6 m (19.7 ft) Minimum Interior Side Yard One-half the height of the building 1.5 m Minimum Exterior Side Yard Width 4.5 m (14.8 ft) plus any applicable distance specified in section 4.27.1 3 m (9.8 ft) Page 42 of 431 10 PBD-2021-41 August 10, 2021 Maximum Lot Coverage 35% 50% Maximum Height of Building or Structure 10 m (32.81 ft) subject to section 4.7 10.5 m subject to section 4.7 Maximum Number of Detached Dwellings on One Lot Subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot 8 units in a townhouse dwelling Parking and access requirements In accordance with section 4.19.1 2 parking spaces for each dwelling unit which may be provided in tandem The requested zoning is appropriate as follows: The R4 zone is intended to regulate block townhouse dwellings; The requested reduction in the R4 regulations for townhouses regarding required minimum lot area, front yard depth, and interior side yard are supported as suitable setbacks are being maintained and an acceptable building envelope remains. It is not expected that garages from the block townhouse will face onto a municipal street; however, if this occurs by retaining the minimum front yard depth for the private garage will result in the townhouse dwelling be more prominent which is good urban design; The requested increase in the R4 regulations for townhouses regarding maximum lot coverage and height is supported as the resulting building dimensions and height will not have a negative impact on abutting properties; and, The requested permission for 8 units in a block townhouse dwelling is supportive as the massing is appropriate. The request is not required as more than one dwelling is permitted on a lot. Staff do not support the following requested changes: The requested definition to reduce the lot frontage and interpret a private lane or common elements condominium lane as a street or to include within the requested regulations the term street is not consistent with Zoning By-law 79-200 which treats a townhouse block as a lot and frontage on a public street as the lot frontage. Current regulations permit the anticipated built form or the proposed development. The requested minimum lot frontage in the amending by-law should retain the standard lot frontage requirement of 30 m. A requirement of 6 m frontage for each dwelling unit on a private lane or common elements condominium lane is supported; Page 43 of 431 11 PBD-2021-41 August 10, 2021 The requested minimum exterior side yard width is not required as neither of the side yards abuts a street or reserve; and, The request to permit tandem parking is not supported. With 12 units and 4 visitor parking spaces proposed, the required 16 parking spaces are provided. Planning staff recommends that the amending by-law limit the permitted uses in the site specific R4 zone to block townhouse units only to ensure the proposed block townhouse units are what is constructed. Other Lands The applicant is requesting the landscape block and stormwater management access block be placed under the Open Space (OS) zone. The requested zoning is appropriate for the stormwater management access block as it will function with the abutting stormwater management facility on land that is zoned OS. Staff does not support the landscape block being zoned OS as the block is recommended to be dedicated as part of the Street “A” right-of-way. The zoning would remain DH. 4. Subdivision Design and Conditions of Approval The proposed subdivision extends Angie Drive westward to connect to Garner Road and creates 1 new municipal street, 67 dwelling units, as well as blocks fo r stormwater management access, and road widening. A comprehensive set of conditions, addressing City, Regional, an d agency concerns, are listed in Schedule A and includes the following: Extension of roads and services at the developer’s cost; Land currently depicted as Block 52, the proposed landscape block, is to be dedicated as part of the Street “A” right-of-way. The Block is too small to develop on its own and its size is not acceptable as parkland dedication. A more efficient use of the land results after Street “A” is realigned to include the Block 52 land. The shifting of Street “A” will result in a comparable portion of land becoming part of the additional lands of the owner that may be developed at a later date. A draft plan condition requires the reconfiguration of Block 52 and Street “A” to be at the satisfaction of Municipal Works and Transportation Services. To ensure that any access to this road is reviewed, a 0.3 m reserve is to be located on the north side of Street “A”; Cash in lieu of parkland dedication; and, Page 44 of 431 12 PBD-2021-41 August 10, 2021 All other matters typically covered under the subdivision process (i.e. execution of a subdivision agreement, provision of utilities and mail service, engineering works, landscaping, street naming, and necessary fees and securities. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. Extension of services is to be at the applicant’s cost; if other landowners benefit from the extension of these services, the City may consider the execution of a front ending agreement to require future contributions from the other land owners. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed subdivision supports the Diverse and Affordable Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. LIST OF ATTACHMENTS Schedule 1- Location Map Schedule 2- Subdivision Plan Schedule 3- Proposed Zoning Appendix A- Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer J. Hannah: cv Attach. S:\PDR\2021\PBD-2021-41, Draft Plan of Subdivision & Zoning By-law Amendment - Garner Road Subdivision (26T-11-2021-001 & AM-2021-001).docx Page 45 of 431 13 PBD-2021-41 August 10, 2021 SCHEDULE 1 (Location Map) Other Lands of Owner Page 46 of 431 14 PBD-2021-41 August 10, 2021 SCHEDULE 2 (Subdivision Plan) Page 47 of 431 15 PBD-2021-41 August 10, 2021 SCHEDULE 3 (Zoning Map) XX XX XX -XX Page 48 of 431 16 PBD-2021-41 August 10, 2021 APPENDIX A 1. Approval applies to the Garner Road Draft Plan of Subdivision prepared by Bousfields Inc., dated May 5, 2021, showing 47 lots for detached dwellings, Blocks 48-49 for 8 on-street townhouse units, Block 50 for 12 block townhouse units, Block 51 for stormwater management access, Block 52 for road allowance, Block 53 for road widening, and streets that are to be dedicated as public highways. Planning and Legal 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate Subdivision Agreement will be required for each phase. 3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the subdivision. 5. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 6. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. Municipal Works 7. The roadways and sidewalks be designed and constructed in accordance with City standards which, in part, include the following: (a) Provide plan and profile drawings as part of the subdivision submission and construct the roadways to an urban cross section in accordance with City Standards; (b) Dedication of all new road allowances (Streets “A” and “B”) to the City as public highways; all roadways and sidewalks to be constructed to municipal requirements [Street “A” 21.15 m in width with a 9.15 m collector platform width; Street “B” 18.0 m width with a 8.0 m local road platform width] ; Street “A” shall have concrete sidewalk on both sides of the road from the existing Angie Drive to garner Road and include sidewalk returns on Garner Road to facilitate future sidewalk construction/extension, as per City Standards for a Page 49 of 431 17 PBD-2021-41 August 10, 2021 21 m right-of-way; Street “B” shall have concrete sidewalk on the “inside of the street loop adjacent to lots 37 to 47 (inclusive) and lot 32 as per City standards and to the satisfaction of the City; (c) Road improvements to Garner Road from of South of Lundy’s Lane to the Garner/Street “A” intersection may be required; (d) A Development Agreement may be required for the Garner Road works; (e) Dedication of 2.94 m wide road widening (Block 53) along the Garner Road frontage of the property; (f) Dedication of daylighting triangle with 7 metre legs at the intersection of Garner Road and Street “A”, (g) Dedication of daylighting triangles with 5 metre legs at all other intersections, the inside corners of road bends, and the northeast corner of Lot 42; (h) Dedication of all road allowances and daylight triangles to the City as public highways and dedication of any 0.3 m reserves deemed necessary; (i) Dedication of Block 52 as road allowance to form part of Street “A”, and the realignment of the Garner/Street “A” intersection and Street “A”, and the dedication of a 0.3 m reserve along Street “A” from the Garner/Street “A” intersection to the west property line of Block 49 , to the satisfaction of Municipal Works and Transportation Services; (j) Speed control measures within the subdivision, in the form of speed cushions on Street “A” between Lots 1 and 2 and just east of Block 50 (or alternative locations as determined through the detailed design assessment) to the satisfaction of the City; (k) All streets named to the City’s satisfaction—Street “A” be named Angie Drive; (l) That the 0.3 metre reserve, identified as Block 212 of registered plan 59M- 384, be dedicated as a public highway and form part of Angie Drive; and, (m)Provide a plan that illustrates building orientation, especially on corner lots, for addressing purposes. 8. The services be designed and constructed in accordance with City standards which, in part, include the following: (a) Provide detailed drawings as part of the subdivision submission; (b) Design and construction of municipal water distribution, sanitary sewer and storm sewer systems at Developer’s cost in accordance with the Ministry of Environment, Conservation and Parks (MECP) and City standards; (c) Review of the local municipal sanitary system to the City’s satisfaction and all Page 50 of 431 18 PBD-2021-41 August 10, 2021 costs associated will be the sole responsibility of the developer including all required improvements prior to all final approval of the development; (d) The existing 300 dia. sanitary sewer on Garner Rod to be extended southerly to the Garner Road/Street “A” intersection. The City is open to cost sharing for the incremental cost of the sewer greater than 250 dia.; (e) Testing of new municipal watermains shall be completed in the presence of a Certified Water Operator using the City’s Watermain Commissioning Checklist; (f) Provision of an overland flow route to be designed within the right -of-way for major storm events and constructed in accordance with the MECP Guidelines and City standards; (g) Weeping tile to be connected to the storm sewer system via sump pumps and all rainwater leaders to outlet to grade and directed to front and/or rear yards; (h) A stormwater management facility access road is required within Block 51 and across the north limit of the facility to Garner Road; and, (i) Application of the City’s Lot Grading and Drainage Policy in accordance with City Standards. 9. The developer submit a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service all phases of the development. 10. The developer submit a Stormwater Management Plan, signed by a professional engineer licensed to practice in the province of Ontario, confirming that the proposed storm sewers and stormwater management facilities are sufficient to service all phases of the development and shall reflect the draft approved plan of subdivision. It shall be designed and implemented in accordance with the MECP Guidelines and applicable regulatory Agencies to the satisfaction of the City including all maintenance assessor works. 11. The developer submit a Geotechnical Report prepared by a qualified geotechnical engineering or soils consultant, licensed in the province of Ontario, to the satisfaction of Municipal Works and shall implement any recommendations of the Geotechnical Report. 12. The developer submit Canada Post’s Plan for placement of community mail boxes to Transportation staff for review and comments. 13. The developer submit a Hydrant coverage drawing to ensure adequate fire protection. 14. The developer shall accommodate for the provision of one boulevard tree per lot and Page 51 of 431 19 PBD-2021-41 August 10, 2021 two boulevard trees per corner lot and shall pay the City the required fees for boulevard tree planting according to the City’s satisfaction. 15. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement and Building Permit issuance as per the City’s Development Charges By-law. 16. The developer grant the City and public utility companies any easements required to service the subdivision. The Developer shall be responsible for any and all costs related to the acquisition and transference of the aforementioned easements. 17. The developer prepare a street lighting drawing and photometric plan, in accordance with City specifications (as amended). 18. The developer submit the digital data and contract documents in accordance with the City CAD standards and prepare construction contracts using the City of Niagara Falls template including the Schedule of Quantities and Unit Prices format. 19. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 20. The developer is responsible to obtain all required Agency approvals (i.e. MNR, NPCA, DFO, Regional Niagara, MTO, MECP, CN, OPG, Hydro One Networks Inc., etc.) and is required to apply for a Site Alteration Permit if any works are to be scheduled to commence prior to full execution of any applicable Municipal Agreements. 21. The developer shall enter into a separate Subdivision Agreement for each stage of the development. 22. The developer shall enter into a Subdivision Agreement with the City of Niagara Falls to ensure all above referenced comments and conditions are addressed to the City’s satisfaction. 23. The developer shall enter into a Cost Sharing Agreement with the City of Niagara Falls for works on Garner Road for upsizing/additional depth of underground servicing and any road works deemed to qualify. Parks Design 24. Parkland dedication to be taken as cash-in-lieu for the proposed development, based on professional appraisal 25. Landscape privacy buffering treatment to be addressed for the existing residential lots abutting the proposed development. 26. The developer provide landscape plans for the subdivision prepared and stamped by a landscape architect (OALA) to the satisfaction of the City, showing complete design and landscape information including but not limited to: fencing entrance Page 52 of 431 20 PBD-2021-41 August 10, 2021 features, roadway greenspaces, and streetscapes. Items such as streetscape enhancements for Garner Road would include consideration of fencing type and style, consistent in design and construction with relationship to associated development areas along Garner Road. 27. Should any subdivision entry features be proposed, details of the features be provided to Parks Design for review, along with cost estimates for initial construction and future repair/replacement of the features. NOTE: Subdivision entrance features are to be erected on lands to be dedicated to the City. 28. The developer provide accessible pedestrian routes be provided in form of sidewalks strategically located, with connectivity to townhouse blocks. Fire Services 29. The developer submit servicing plans to the Fire Prevention Office and shall clearly indicate width of all roads, curbs radii and the location of all fire hydrants. 30. That adequate water for fire fighting purposes be immediately available and accessible with sufficient volume and/or flow to facilitate firefighting operations prior to the construction of buildings. Bell Canada 31. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 32. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing. 33. The developer acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The developer further agrees and acknowledges to convey such easements at no cost to Bell Canada. The developer agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Page 53 of 431 21 PBD-2021-41 August 10, 2021 developer shall be responsible for the relocation of any such facilities or easements at their own cost. 34. The developer is advised to contact Bell Canada at planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development. It shall be noted that it is the responsibility of the developer to provide entrance/service duct(s) from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the developer may be required to pay for the extension of such network infrastructure. If the developer elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. Canada Post 35. That Community Mail Boxes (CMBs) be located in locations determined in cooperation with Canada Post, and that the developer identify these sites on a display in the sales office and on appropriate maps, information boards and plans. 36. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 37. The developer satisfy all requirements of Canada Post regarding granting necessary easements for CMBs, concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. Enbridge 38. The developer shall contact Enbridge Gas Inc.’s Customer Connections department by emailing CustomerConnectionsContactCentre@Enbridge.com to determine gas availability, 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. 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. 39. The developer provide Enbridge Gas Inc. with easements required to service this development, and any future adjacent developments, at no cost. Page 54 of 431 22 PBD-2021-41 August 10, 2021 Regional Municipality of Niagara 40. That the developer submits a Grading Plan, stamped by a qualified acoustical consultant, illustrating the required 2.4m high noise barrier along the east property line of Lot 23, along the north property lines of Lot 11 to Lot 23, and along the west property lines of Lot 11 and the north-most townhouse unit in Block 48. 41. That the developer submits verification from a qualified acoustical consultant that the noise control measures were properly incorporated into architectural and mechanical drawings and specifications for the proposed dwellings. 42. That the subdivision agreement include a clause requiring verification from a qualified acoustical consultant that the noise control measures have been properly installed during construction. 43. That the subdivision agreement include a clause requiring the developer to implement the recommendations of the Noise Impact Study, prepared by Thornton Tomasetti Canada Inc. (dated June 7, 2021), including the installation of a noise barrier, forced air heating systems with the provision for future installation of air conditioning by the occupants, and inclusion of warning clauses in all development agreements and Offers and Agreements of Purchase and Sale or Lease. 44. That the developer agrees to include the following warning clauses in all Agreements of Purchase and Sale or Lease or Occupancy for the relevant units, as outlined in the Noise Impact Study (dated June 7, 2021) and the Regional letter (dated April 9, 2021), and that they also be included in the subdivision agreement: o “Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Ministry of the Environment, Conservation and Parks' noise criteria.” o “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of Environment.” o “The lands in the plan of subdivision may be exposed to noise, reduced air quality, odour, dust or vibrations from nearby industrial/commercial operations that may interfere with some activities of the owners/tenants who occupy these lands.” o “These lands are in proximity to lands designated for agricultural uses. The lands may be subject to noise, odour, and/or dust from nearb y agricultural operations that may interfere with some activities of the dwelling occupants.” 45. That the developer receive acceptance from the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) for the Stage 1 Archaeological Assessment, Page 55 of 431 23 PBD-2021-41 August 10, 2021 prepared by Amec Foster Wheeler Environment & Infrastructure (dated June 16, 2017). If the Ministry requires further archaeological work to be completed prior to acknowledging this report, these report(s) must also be submitted to and acknowledged by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from MHSTCI through Niagara Region, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 46. That the developer submit a Stage 2 archaeological assessment (and any required subsequent archaeological assessments), for the undisturbed and well drained portions of the subject land (as illustrated in Appendix A: Figure 6 of the Stage 1 Archaeological Assessment, prepared by Amec Foster Wheeler Environment & Infrastructure, dated June 16, 2017), to the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) and receive an acknowledgement letter from the MHSTCI (copied to Niagara Region) confirming that all archaeological resource concerns have met licensing and resource conservation requirements prior to any development on the site. The remainder of the subject lands (Appendix A: Figure 7 of the Assessment) does not require further archaeological assessment. If Stage 3 or 4 study is recommended to mitigate any adverse impacts to significant archaeological resources found on the site through preservation or resource removal and documentation by the licensed archaeologist or the Ministry, these report(s) must also be submitted to and acknowledged by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MHSTCI through Niagara Region confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 47. That the subdivision agreement include the following clause: “Should deeply buried archaeological remains/resources be found during construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Heritage, Sport, Tourism and Culture Industries (416-212-8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry of Heritage, Sport, Tourism and Culture and Industries should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 48. That the developer provides a written acknowledgement to Niagara Region stating that draft approval of this subdivision does not include a commitment of servicing Page 56 of 431 24 PBD-2021-41 August 10, 2021 allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the developer. 49. That the developer provides a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this subdivision, shall contain a clause indicating that servicing allocation for the subdivision will not be assigned until the plan is registered. A similar clause shall be inserted in the subdivision agreement between the developer and the City. 50. That prior to final approval for registration of this plan of subdivision, the developer shall submit the design drawings [with calculations] for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Conservation and Parks Environmental Compliance Approval(s) under the Transfer of Review Program. 51. That prior to approval of the final plan or any on -site grading, the developer shall submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Conservation and Parks documents entitled Stormwater Management Planning and Design Manual (March 2003) and Stormwater Quality Guidelines for New Development (May 1991), or their successors to Niagara Region for review and approval: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; b) Detailed construction plan, including erosion and sediment control plan, for retrofitting the stormwater management facility; c) That the developer provide Niagara Region a copy of the Ministry Environmental Compliance approval for the stormwater management facility to service this development. 52. That the subdivision agreement between the developer and the City contain provisions whereby the developer agrees to implement the approved plan(s) required in accordance with the above Condition. 53. That detailed engineering plans for the proposed site servicing be submitted showing any required removal and replacement works for the existin g Regional signal infrastructure at the intersection of Garner Road and Lundy’s Lane. 54. That the developer ensure that all streets and development blocks can provide an access in accordance with Niagara Region’s Corporate Policy and By-laws relating to the curbside collection of waste and recycling. Page 57 of 431 25 PBD-2021-41 August 10, 2021 NOTES 1) Prior to granting final approval, the City must be in receipt of written confirmation that the requirements of each condition have been met satisfactorily and that all fees have been paid to the satisfaction of Niagara Region. Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports (one hard copy and a PDF digital copy) can be sent directly to the Region with a copy provided to the local municipality. 2) Prior to final approval for registration, a copy of the executed S ubdivision Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution. 55. That the developer agrees to include the following warning clause in all Agreements of Purchase and Sale or Lease or Occupancy that they also be included in the subdivision agreement: o “The lands in the plan of subdivision may be exposed to campfire smoke from nearby campground operations that may interfere with some activities of the owners/tenants who occupy these lands.” Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Legal Services for Conditions 2 and 3 Planning and Development Services for Conditions 4 to 6 inclusive Transportation Services for Condition 7 Municipal Works for Conditions 7 to 8 inclusive Landscape Architect for Conditions 24 to 28 inclusive Fire Services for Conditions 29 to 30 inclusive Bell Canada for Conditions 31 to 34 inclusive Canada Post for Conditions 35 to 37 inclusive Enbridge Gas Inc. for Conditions 38 to 39 inclusive Regional Municipality of Niagara for Conditions 40 to 54 inclusive Page 58 of 431 Address: East side of Garner Rd, South of Lundy’s Lane Applicant: 1198815 Ontario Limited Proposal: To permit 47 single detached lots, 8 on-street townhouse dwelling units, and 12 block townhouse dwelling units Draft Plan of Subdivision and Zoning By-law Amendment Application 26T-11 -2021-001 & AM-2021-001 Page 59 of 431 A GREAT CITY…FOR GENERATIONS TO COME Location Single detached dwellings Commercial Uses On-street townhouse dwellings PROPOSED DEVELOPMENT Single detached dwellings Stormwater Management Pond Motel Golf Course Campground Light Industry Other Lands of Owner Page 60 of 431 A GREAT CITY…FOR GENERATIONS TO COME Draft Plan Single detached dwellings On-street townhouse dwellings Block townhouse dwellings Page 61 of 431 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Map Page 62 of 431 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has submitted a revised application to subdivide 3.75 hectares (9.26 acres) of land on the east side of Garner Road south of Lundy’s Lane. •Originally the applicant proposed to subdivide 4.23 hectares (10.45 acres) into 47 detached dwelling lots, 2 blocks for 8 on-street townhouses, 1 block for 14 block townhouses, 1 block for an apartment building, as well as blocks for storm water management access, landscaping, road widening, and land to be dedicated as municipal streets . •The revised application removed the apartment building block, which now is part of the other lands owned by applicant, and reduced the number of block townhouse units by 2. •The developer made these changes as a result of public comments received and will plan a future comprehensive development proposal for their abutting land holdings. •The land is currently zoned Development Holding (DH), in part, and Tourist Commercial (TC), in part in By-law No. 79- 200. •The revised application requests the land be zoned in By-law No. 79-200 as follows: •The proposed detached dwelling lots a site specific Residential 1F Density (R1F) zone •The proposed on-street townhouses a site specific Residential Mixed (R3) zone •The proposed block townhouses a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone •The proposed storm water management access and landscape blocks the Open Space (OS) zone Page 63 of 431 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House March 29, 2021 (Remotely) –14 residents in attendance Concerns: •The proposed apartment building (now removed from the revised draft plan) •Speed •Traffic •Current condition of Garner Road •The Condominium townhouse block design considerations (buffer, fence and private lane) •Impacts of construction vehicle routes Page 64 of 431 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House Staff offer the following comments: •Provincial, Regional, and Local policies support a mix of housing in new developments. The revised draft plan has removed the proposed apartment building. Concerns that specifically relate to the apartment building are no longer applicable to the revised applications. •A warning clause addressing campfires has been included in the conditions. •Municipal Works staff indicate improvements for the section of Garner Road closest to Lundy’s Lane are not yet budgeted. The proposed development offers cost sharing opportunities, which with approval of Capital funding, will allow coordination of work. When Garner Road is reconstructed, a bike lane will be provided in each direction. •Angie Drive is a collector road and was always planned to extend to Garner Road. Traffic calming measures are to be implemented as conditions of approval to ensure traffic safety.Page 65 of 431 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House Staff offer the following comments: •School Boards establish and coordinate the location of bus stops with their transportation providers. •The subdivision agreement will have clauses that address dust, dirt, and noise generated from development. •A neighbourhood park is not identified in the Garner Neighbourhood Concept Land Use Plan for the subject land. A condition requires cash -in- lieu of parkland dedication. •Sanitary sewers will extend south from Lundy’s Lane, watermain will extend east from Angie Drive, and storm water will be directed towards the existing stormwater management facility located south of the subject land. •Developers are responsible for the cost and extension of services. •The condominium townhouse block will be subject to a future vacant land condominium application which will address fencing, landscaping, and the private lane location.Page 66 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policies: •The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: –The proposed development is an efficient expansion of the Westlane community, is transit supportive, assists in the creation of a complete community, and minimizes land consumption and servicing costs; –The Air and Noise Study have concluded there are no potential adverse effects from nearby light industrial operations. Draft plan conditions address the proposed noise mitigation measures and required warning clauses;Page 67 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policies Continued: –The proposed density will be met in combination with other greenfield developments that have exceeded the density target. In addition, the permitted development of the lands along Lundy’s Lane for apartments will assist in meeting density targets for the Garner Neighbourhood; and, –The recommended regulations will facilitate the development of land in a manner that offers housing that will accommodate the needs of people of all ages, abilities, and incomes while maintaining appropriate levels of health and safety.Page 68 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan and Garner Neighbourhood Secondary Plan: •The Official Plan and Garner Neighbourhood Secondary Plan designates the subject land as Residential. With the removal of the apartment building block, the official plan amendment, to address the proposed density of this block, is no longer required. The proposed development conforms as follows: •The proposed development will have a range of dwelling types with a density of 45.60 jobs and persons per hectare which will contribute to the City’s Greenfield Area density target. While this is less than the 53 people and jobs per hectare Greenfield Area density target, the lands on the south side of Lundy’s Lane may be permitted to be developed for apartment buildings up to a density of 100 units per hectare which will offset the density shortfall. It meets the Garner Neighbourhood Secondary Plan density target (25 units per net hectare), utilizes land efficiently, and is transit supportive; •The extension of municipal services from Lundy’s Lane and Angie Drive is orderly and logical. Conditions of approval address servicing matters; •Angie Drive is a collector road which is planned, by the Garner Neighbourhood Concept Land Use Plan, to extend to Garner Road; and, •The surrounding transportation network can support the proposed development. Conditions of approval include road widening and sidewalk construction to facilitate active transportation.Page 69 of 431 A GREAT CITY…FOR GENERATIONS TO COME Zoning Relief •The following site specific regulations from the R1F zone standards are requested: –Min. lot area 290m2/unit instead of 320m2/unit –Amend Lot Frontage: Where side lot lines are not parallel, the lot frontage shall be the distance between side lot lines measured at a point 6 m from the front lot line. –Amend: In accordance with section 4.19.4 of By-law 79-200, except the maximum lot area that can be used for surface parking shall be 25% and the maximum width of a driveway in the front yard shall be 55% of the lot frontage.Page 70 of 431 A GREAT CITY…FOR GENERATIONS TO COME Zoning Relief •The following site specific regulations from the R4 zone standards are requested: –Add: A private lane or common elements condominium lane shall be considered a street –Min. lot area for a townhouse dwelling 180m2/dwelling unit instead of 200m2/dwelling unit –Min. lot frontage for a townhouse dwelling 6 m/dwelling unit instead of 6.5 m/dwelling unit –Min. front yard depth 4.5 m for dwelling and 6 m for private garage instead of 6 m –Min. interior side yard width for a townhouse dwelling 1.5 m instead of 3 m –Min. exterior side yard with 3 m instead of 4.5 m –Max. lot coverage 50% instead of 35% –Max. height of building or structure 10.5 m (subject to section 4.7 of By-law 79-200) instead of 10 m –2 parking spaces for each dwelling unit which may be provided in tandem –Max. number of dwelling units-8 units in an on-lane townhouse dwelling Page 71 of 431 A GREAT CITY…FOR GENERATIONS TO COME Zoning Relief •The following site specific regulations from the R5F zone standards are requested: -Front Lot Line shall be deemed the lot line abutting Garner Rd -Min. lot area to 0.46 ha instead of 57m2/dwelling unit -Min. front yard depth to 4 m instead of 7.5 m (plus distance specified in section 4.27.1) -Min. rear yard depth to 11 m instead of ½ the height of building or 10 m whichever is greater -Min. interior side yard width 7.5 m instead of ¼ the height of the building -Min. landscape open space 36% instead of 30% of the lot area -Min. parking requirements 1.1 parking space per unit instead of 1.4 parking space per unit -1 loading space shall be provided -Min building setback to a hypotenuse of a daylight triangle: 4 m instead of 9 m •The following site specific regulations from the OS zone standards are requested: -Min. lot frontage to 6 m (Blk 52) and 58.8 m (Blk 53) instead of 150 m -Min. lot area to 0.036 ha (Blk 52) and 0.023 ha (Blk 53) instead of 2 ha Page 72 of 431 A GREAT CITY…FOR GENERATIONS TO COME Conclusion –The proposed development conforms to Provincial policies with respect to contributing towards the achievement of intensification targets in the Designated Greenfield Areas; ‒The proposed development is in conformity with the City’s Official Plan and the Garner Neighbourhood Secondary Plan as it provides a variety of housing types, meets the density targets, offers efficient expansion of infrastructure, and is transit supportive; and ‒The requested site specific residential zones maintain appropriate regulations for the proposed dwelling types and ensure the proposed development will be compatible with surrounding properties. The requested Open Space (OS) zone is appropriate for the stormwater management access block. Block 52 will remain zoned Development Holding (DH). Page 73 of 431 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That the application to amend the Zoning By- law be approved, subject to the regulations outlined in this report; •That the Plan of Subdivision be draft approved subject to the conditions in Appendix A; •That the Mayor or designate be authorized to sign the draft plan as “approved” 20 days after notice of Council’s decision as been given as required by the Planning Act, provided no appeals of the decision have been lodged; •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, •That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor.Page 74 of 431 Response to the Subdivision Proposal for the west side of Angie and South of Lundy‘s Lane (26T~11- 2021001 and AM—2021-O01) Subdivision Design: A.47 single detached lots. 2 blocks (4/block)for 8 on~street townhouse dwelling units. 1 block for a medium density residential (6 stories,113 units). B. C.1 block for 14 block townhouse dwelling units. D E Extending Angie Drive to Garner Road. Thoughts,Questions and Concerns: ZONING: 1) 2) GREEN SPACE /PARK: 1) 2) 3) 4) 5) 6) Do NOT change the zoning,do not accept the request to change the area to have a Special Policy Area designation for the proposed medium density residential block. Subdivision is zoned for single dwelling lots,this is what we purchased our house based on and pay tax based on —switching this feels unethical and unfair to existing residents (who purchased under these current zoned designation). Can we add a park and green space to the end ofAngie Drive (where the road was proposed to connect and add a walk way to the new neighbours will have walking access to the schools?More then the required 5%parkland may be needed given the density.Similar projects in the GTA needed a higher %. The new development will welcome many new families with children and there is no place for them to safely play. Where is the green space for the area? The park on Forestview Street does not have the capacity to handle more children,the park is full from the existing neighbourhood. What will happen to thewetlands? What will happen to the natural water reservoir? 1 BLOCKFOR A MEDIUM DENSlTV RESIDENCE (6 stories,113 units): 2) building does not align with the existing characteristics of the Place a smaller dwelling directly on Lundy’s Lane so there is access to transit.Allexistingapartmentbuildings,in Niagara Falls,have public transit accessibility.The developer referenced the ClP (Community Improvement Plans)for Lundy’sLaneandgrantmoney,so why not put this medium density on Lundy’s Lane?Page 75 of 431 8) Can exit and entry points be exclusive to Garner Road only.A little collector road does not support apartment buildings. How will the city control the increased parking?Reduced visibility for children? Higher density housing creates traffic congestion and parking problems. A large apartment building would obstruct our sight lines,sunset views,will reduce our afternoon daylight sun exposure and it will be visually obtrusive. Rental apartments will decrease property value (supported by analysis that shows increase police reports,uninvested renters,neighbour disputes, unmanaged subletting and increase in thefts). Apartments overburden schools (Forestview is already over populated),produce less revenue for local governments and require more infrastructure support. Residents who live in apartments are less desirable neighbours and more likely to engage in crime or other anti—socialbehaviour. ADDITIONALTHOUGHTSAND CONCERNS: 1) 2) SPEED— a.How willthe city control the racing?Speeding?Large speed humps like the continuous hump on Forestview or the speed humps with the spaces in them (carjust drive down the middle of the road to avoid any disruptions)?All—waystop signs? b.Enforcement?How will the city enforce these new roadways?There have been police reports made about the street racing that occurs and there has been no action taken.Keeping the new subdivision to access only by foot,drastically decreases the volume of cars racing through. c.School bus safety.Our bus driver,often must beep or pull over in the middle of street to prevent drivers from driving through her stop sign. She is constantly complaining.I personally have spoken to Z neighbours about school bus safety. cl.Based on a recent speed study,there average speed travelling down Angie Drive is above 50 km/hand residents are not stopping at stop signs.Mr.Dulat (the reporting Traffic Technologist)said the Niagara Regional Police would be notified for increased enforcement and we have NOT seen anything. e.The data collected was during a pandemic where most industries shifted to allow employees to work from home.Therefore;the traffic data observed in not indicative of true behaviour.it is a we|l~known fact that adjustingSAFETY~a.How are you planning to provide protection and support?Several newhomesareleftvacant,uncared for and turned into illegal operations.Page 76 of 431 For example,there is a house on Connor Cres that is being used to harvest illegal drugs,there are dangerous people lurking around and offensive odors.This house has been reported many times and nothing has happened which supports my infrastructure concerns. The sundowner attracts dangerous behaviour and altercations (gun shots reported last summer),having Garner Road open to the entire neighbourhood,invites criminals to roam our streets.We already have a problem with Lundy’s Lane ”walkers"roaming around (check all the previous police reports). When a large medium density building was proposed for the corner of Mountain Road and Mewburn Road —the city denied such a tall building for reasons such as sight lines.[would like to have the same ruling. 3)PARKlNG— 3.Will there be enough parking for all townhouse and apartment units?it is not uncommon for multiple families to share dwellings and this creates parking issues. Cars on the streetcreate danger for children and seniors. Reduces visibility—lessons learned from the townhouses on Kelsey Drive.Page 77 of 431 From:N MURRAY< Sent:August 5,2021 7:39 AM To:Alex Herlovitch;BillMatson Cc:Angela Roberto;anthony@ iffanycog Subject:Re:Official Plan 8LZoning By»Law Amendment Application—City File:26T—11- AM»202’l-O01 To the Attention of:Mr.Alex Herlovitch Director of Planning,Building &Development City of Niagara Falls Subject:Application ~City File:AM~2021—O01 Re:Draft Plan of Subdivision Application —City File:26T—11—2021~OO1 Applicant:1198815 Ontario Ltd. impacted Addresses:-Shapton Cres.Niagara Falls,ON.Lot #10 Shapton Cres.Niagara Falls,ON.Lot #9 Good Morning Mr.Herlovitch:, Hope all is well. Please accept this email as a formal request to be included (pre-registered)in the upcoming public meeting on August 10th,2021 @1300Hrs,and send registrant instruction to: -angroben, -anthony(-‘" Please accept and consider these comments and requests with respect to the above—mentionedapplication.As noti?ed inthepreviousmeeting,we live in the neighborhood adjacent to the proposed development:The north limit of our propertyisdirectlyadjacenttothesouthlimitoftheproposeddevelopment.We are still generally supportive of the development.However,we do have a few significant concerns that we feel theCityshouldaddressinthefinalizationofthedesigndetailsandpriortothe?nal approval of the development.Page 78 of 431 Our concern are still related to the physical interface between our properties,as recent events have brought heightened issues to the forefront,in addition to our previously stated concerns.Those concerns are as follows: -Water Drainage is a severe concern of ours.We understand that the City's development requirements intend to ensure that no negative impacts on existing developed lands willoccur.Noting this,on June 8"‘&13*,2021 after a heavy rainfalls that occurred,it has been proven that the existing engineered infrastructure is not sufficient to control the water moving through the area between the existing properties and the proposed development .On the dates noted above the corner lots on Shapton Crescent (#9 ,#10 and the end town home unit adjacent to the homes)were severely flooded causing extensive water damage to the properties.Meetings and correspondence has been had with the Mr.Erik Nickel and Mr.James Sticca and continues to occur,to find resolution. At this point,it is imperative to be assured by the City to allow us to specifically understand the storm and surface drainage details as they relate to our properties.With the discussion of additional water displacement and water systems potentially using the same storm pond as an outlet for that water,the concern for additional flooding is heightened further.In talks with City's Municipal Works Dept.it is understood that a contingent plan could be developed to prevent the flooding from occurring again. This is a must for our continued support of the project,as the water concern is just to grand. As stated,we are generally in support of the project,with the above and the additional points below being addressed: -That part of the finalization of the storm system design for this new development,the city seriously consider out—letting the rear catch basin on my property to the new storm system to a more effective and direct outlet to the pond -The city must assure us,that maintenance plan for the cleaning of the pond and associated storm sewer pipes have been established prior to introducing additional storm flow through the new development.This will be in order to mitigate and/or prevent what we experienced on June 8”’and again on June 13"‘,2021,invoking the involvement of insurance companies. -the existing wood fence along the southern limit of the proposed development needs to be replaced with a quality,8 foot high,privacy fence.The existing fence built by our developer is deficient in both height and quality.The existing fence needs to be removed and the new fence needs to be constructed on the lot line. a consider a tree/vegetation buffer along the south limit of the proposed development.We have not seen enough detail at this time to understand if this is feasible.At the very least,we feel that tree buffering in addition to some hard landscaping is required at the end of the private road shown on Block 51 in order to mitigate the impact of a vehicle into the fence line and/orits headlights at night. Again,we thank you for the consideration of our comments and requests.We are available to discuss these matters further with the City and the Developer at any time and provide footage of the excess flooding for review,and hope that our previous requests have been already incorporated. Thank you again,for your attention and cooperation in this matter. Sincerely,Terrence &Tiffany IAndAnthonyandAngelaOnTuesday,March 30,2021,05:05:59 p.m.EDT,Alex Herlovitch <aherlovitch@niagarafalls.ca>wrote:2Page 79 of 431 Hello Mr.&Mrs._and Mr.&Mrs.l You submission is hereby acknowledged and will be addressed as part of the application review. Sincerely Alex Alex Herlovitch Director of Planning,Building &Development City of Niagara Falls From:N MURRAY . V, Sent:Saturday,March 27,2021 12:59 PM To:Alex Herlovitch <aherlovitch@niagarafalls.ca>:Julie Hannah <jhannah@niagarafalls_ca> Cc:tiffanyr ;Angela _com>;anthony ‘‘ Subject:Omclal Plan 5(zoning By~Law Amendment Application —City File:26T-1'l~Aivi—4u4l-UU I To the Attention of:Mr.Alex Herlovitch Director of Planning,Building 8.Development City of Niagara Falls Subject:Official Plan &Zoning By~LawAmendment Application ~City File:AM-2021-001 Re:Draft Plan of Subdivision Application —City File:26T—11—2021—-001 Applicant:1198815 Ontario Ltd. Mr.Herlovitch: Hoping that this letter is finding you well in these unprecedented times.Please accept and consider these comments and requests with respect to the above—mentionedapplication,as the northlimitofourpropertiesisdirectlyadjacenttothesouthlimitoftheproposeddevelopmentplan.Page 80 of 431 In review of the proposed plan shared with us via the Notice ofApp//‘cation,we are generally supportive of the development that has been proposed,based on the information we have seen to date.However,we do have a few significant concerns as it pertains to safety and security that we feel the City should address in the finalization of the design details,prior to the final approval of the development.Our concerns are generally related to the physical interface between our properties. Those concerns are as follows: -Drainage is of course is a concern of ours.We understand that the City's development requirements intend to ensure that no negative impacts occur on the existing developed lands.However,we would like to be assured of this by the City and specifically understand the storm and surface drainage details as they relate to our properties. -We further ask that the City consider a tree/vegetation buffer,along with some hard landscaping along the south limit of the proposed development.We have not seen enough detail at this time to understand fully if this is feasible.Yet,at the very least,we feel that tree buffering in addition to a protective barrier is required at the end of the private road shown on Block 51 is in order to mitigate the potential impact of vehicles and vehicle headlights at night,from disturbing the existing properties. -Lastly,we feel strongly that the existing wood fence along the southern limitof the proposed development needs to be replaced with a quality,8—foot~high,privacy fence.The existing fence built by the previous developer is deficient in both height and quality.This fence was constructed approximately 5 years ago and is already in very poor condition.To be clear,we are not requesting that the new development construct a new fence alongside the existing fence.The existing fence needs to be removed and the new fence needs to be constructed on the lot line. We thank you,for the consideration of our comments and requests.We are available to discuss these matters further with the City and the Developer at any time. Respectfully Submitted, Mr.Terrence &Tiffany l g &Mr.Anthony &Angeli ...,,,.o.._,..........t,Niagara Falls l,Niagara FallsPage 81 of 431 —____ From:DT Crawford l _,....,...c., Sent:Thursday,April8,2021 1:24 PM To:Julie Hannah Subject:Re:26T~11—202‘l—0O1and AM—2021—O01Lands east of Garner Rd south of Lundy's Lane information Hi Julie, Thank you for the quick response. Does the proposal address how schooling requirements and green belt will be addressed? I am thinking Forestview primary school is already beyond existing capacity and they keep adding portables and eliminating playground.The pandemic emphasizes the importance of adequate spacing and Ventilation for school kids. Thank you Tom Crawford Get Outlook for iOS From:Julie Hannah < Sent:Thursday,April 8,2021 11:50:15 AM To: Subject:26T—11-2021-001and AM»2DZ1—0O1 Lands east of Garner Rd south of Lundy's Lane Information Good morning Tom, Thank you for your message to Alex Herlovitch regarding applications received for land located east of Garner Road,south of Lundy’s Lane. I have attached a copy of the proposed draft plan (as well in colour)and the open house notice.Additional material,such as the submitted reports,are available for download from the link below (open the AM-202']-O01 folder): https://www.dropbox.com/sh/q53qi7vd8rv8d67/AAAXunSz|vBuxKuxmMuvi7Fa?dl=O Three applications were received for the subject lands:draft plan of subdivision,official plan amendment,and zoning by-law amendment. The draft plan of subdivision application is for 47 single detached dwelling lots,2 blocks for 8 on-street townhouse dwellings,1 block for 14 block (condominium)townhouse dwellings,1 medium density block (an apartment building up to 6 stories and 113 units)as well as blocks for stormwater management access, widening. The official plan amendment is requesting a Special Policy Area designation for the proposed medium densityresidentialblock(an apartment dwelling)to permit densities up to 243 units per hectare.The zoning by-law amendment is requesting to place the single detached lots under a site specific Residential1FDensity(RlF)zone,the proposed on-street townhouse dwellings under a site specific Residential Mixed(R3)zone,the proposed block townhouse dwellings under a site specific Residential Low Density,GroupedMultipleDwellings(R4)zone,the proposed apartment dwelling under a site specific Residential Apartment 5FDensity(R5F)zone,and the proposed landscaping block under the Open Space (08)zone.1Page 82 of 431 A public meeting will be scheduled in the future—i have asked for you to be included on the mailing list of those who will receive the public meeting notice.This meeting occurs with Council members present and there is the opportunity for individuals to speak on the applications.We also are accepting written comments— written comments may be sent to Alex's attention. Please let me know if I can be of any further assistance, Julie Julie Hannah,MES,MA,MCIP,RPP I P|anner2 |Planning,Building,and Development I City of Niagara Falls 4310 Queen Street |Niagara Falls,ON LZE 6><5 i (905)356-7521 ext 4107 |Fax 9054356-2354 |'hannah@niagarafal|s.ca niagarafallsca Only select services are available to the public at City facilities,as a precautionaiy measure to stem the spread of COVID-l9.We will continue to serve you online at niagarafallsca. We thank you in advance for your understanding,should we take longer than usual to respond to your inquiry. The City of Niagara FallsCon?dentiality NoticeThe information contained in this communicationincluding any attachments may be con?dential,is intended only for the use of the recipient(s)named above,and may be legally privileged.If the reader of this message is not the intended recipient,you are hereby noti?ed that any dissemination,distribution,disclosure or copying of this communication,or any of its contents is strictly prohibited.If you have received this communicationin error,please re-send this communicationto mesender and permanently delete the original and any copy from your computer system.Thank you Page 83 of 431 _ From:Steve Docherty -_s--....;y.\.a/ Sent:Monday,March 29,2021 4:23 PM To:Julie Hannah Subject:Re:Notice of Application-Roil 2725-100-006—O3900Response from Transportation staff re comments Follow Up Flag:Follow up Flag Status:Flagged Hi Julie, Thank you for coordinating this thorough response.To elaborate on the safety concerns for their investigation: The speed bumps as they currently exist on Angie drive are of zero consequence to the speed of traffic.In fact the bumps are ideally sized for vehicles to align their wheels with the space between and not slow down whatsoever.By comparison,the new,main,speedburnp on Forestview is something on a car wrecker [the ones adjacent to it are not].Angie needs proper speed bumps to calm the traffic speeds.In terms of the intersection in question,people regularly drift around the corner.I don't know if its a lack of lines or what but they rarely stop at the stop sign on St.Michael and coming from Angie to St.Michaelthey rarely make a controlled left turn [inside just sliding around the corner]. Thanks again, Steven On Mon,Mar 29,2021,at 4:00 PM,Julie Hannah wrote: Good afternoon Steven, The response I received from our Transportation staff: The developer was asked to identify what the impact of the new subdivision would have on Angie Drive.Angie Drive is classified as a collector road in the City’s Official Plan.Collector roads are meant to distribute traffic from arterial roads (such as Kalar Road and Garner Road)to other collector roads and local roads (such as Pauline Drive).Residentialcollector roads carry upwards of 2,500 vehicles per day.Section 3.5 estimates that Angie Drive may carry 1,500 to 2,000 cars per day near Garner Road.For comparison,Angie Drive carries 1,600 vehicles per day near Kalar Road.Traffic volumes decrease as you drive further into the neighbourhood as drivers turn onto other streets and driveways.For instance,between Fausta Avenue and Weins Boulevard,our data identifies that the traffic volumes are approximately 700 vehicles per day. Table 2 identifies the estimated peak hour trip generation for the subdivision.In the afternoon peak period,the development is expected to generate 109 two—way trips.The traffic consultant further 6internal intersections will be acceptable throughout the day.The resident identified some existing safety concerns at the intersection of Angie Drive &St.MichaelAvenue/PaulineDrive but did not elaborate.Our Staff can investigate his concerns and address anyexistingsafetyissues.JuliePage 84 of 431 V,,,,..,,1 From:redarahal77 < Sent:Monday,March 29,2021 3:07 PM To:Alex Herlovitch Subject:Official plan &zoning city file:AM—2021~OO1 Hi Mr.Herlovitch I am writing you regarding the above plan and zoning to address my concerns about opening Angie drive all Way to garner road ,since I am a resident on pauline drive .Angie drive is already busy as is and adding more traffic it will make it not safe for my kids since they walk like others kids to forestview school ,also there is few school bus stop and not forgetting the environment .I hope that my concerns and other residents concerns will be considered during this procedure.Thank you in advance. REDA RAHAL Sent from my Galaxy Page 85 of 431 :j?*_ From:sejal Patel <s Sent:Friday,April 23,2021 2:37 PM To:Planning Emails Subject:Speed Hello good afternoon I in home owner and my address I .Niagara Falls My request is for speedingon st Michael Ave road some people drive so fast.So you can do something for speeding please.Other request is we don’t Want new condos and townhomes around Our Community please. Thank you Home Owner Sent from Yahoo Mail for iPhone Page 86 of 431 From:Mary Montgomery <marymontgomer) Sent:Wednesday,March 24,2021 5:06 PM To:Alex Herlovitch Cc:Kinh Nguyen;Maria Nguyen Subject:Notice of Application ~East Side of Garner Road,South of Lundy’s Lane,Part of Stamford Township Lot 139 I am writing to you today on behalf of my clients and the owners of V, which is the property directly South and adjacent to this proposed development and as such,my clients have concerns regarding the impact it may have on their residence. If this plan is approved then we would appreciate having the sewers extended to the most southerly point of Mr.&Mrs Nguyen's property facing Garner Road at no expense to them.If they are to endure the increase in traffic and noise then we feel this is a fair consideration,or at the very least the ability to access the Sanitary Sewer System at the halfway mark of the frontage of 6104 Garner Road. In future,if my clientsl choose to develop their property (which currently has just a single family dwelling,a detached garage and inground pool,then they would like to do so by adding townhomes or a condominium complex to enhance the proposed development in this plan.If this were permitted could this building or buildings face the new proposed road Angie Drive? We would appreciate these matters being considered and advised prior to or at the public meeting. Kind Regards, Mary Montgomery Sales Representative ;;3s~:l289-241-T711 m«:»:=905~892«D22’£ masyanon:gornery@ro~,IaIla“*',«.::—3 Cl U\"'N\r\’.ITl5f’yl'l"kDntgGilll3l(y.CEl M::£—:~iJ-:'.xv:.-'»:.r.':r.'irI1/i‘,/'1;-‘1{‘ye‘=.-'lv”.!n1g(3[‘}“|?r1y.FiLP./ jllulluuazinlnlunQQYALLEPAGE?iiliiiiiiiiiii there's something about I113 TyPage 87 of 431 L From:Jocelyn Longridge <_ Sent:Thursday,April29,2021 8:52 AM To:Alex Herlovitch;Julie Hannah Cc:CouncilMembers;Jim Diodati Subject:Subdivision Proposal for the west side of Angie and South of Lundy's Lane (26T—1l—2021-001and AM—202l—0O1) Good morning, Hope you are both doing well.Mr.Herlovitch,I left you a voicemail and was wondering when we could set up a time to chat?I will summarize below the 4 topics that I called to discuss. #1.During our meeting with the developer,we learned of a standard ratio generally followed when designing neighbourhoods.The standard mix follows a 30—30~40distribution(single dwelling—condo—multi dwelling).This new proposal has a 26—12—62mix.This mix is signi?cantly different then the 3030-40 guideline.Can we not leverage the 30-30-40 rule to create a more balanced proposal? #2.The developer mentionedthat the city's secondary plan does not include any park area.Is it possible to request that the secondary plan be looked at again,given the amount of development that has occurred since the original secondary plan was completed?I believe the area does warrant a park now,before the new dwellings are built.Is this possible?My reason for asking is that the city will often allow for zoning changes to fit the current situation,so I was hoping the same courtesy can be done to add a park. #3.Can we please chat about the parking allocation calculation?After some development research,we learned that a ratio of 1.40 is the standardratio used to calculate how much parking is needed,for a condo,apartment proposal,etc...In this proposal,a ratio of 1.13 was used for the medium density dwelling;that equals 128 parking spots for a building with l 13 units.If the 1.40 ratio was used,the proposal would have 158 parking spots. I believe parking is important as insufficient parking leads to crowded roads,unsafe places for children,parking disputes,parking on lawn/mud (one Kalar road 3 story apaitment building has may residents parking all over the grass). #4.Forecasting tool to predict number of children.I would like to talk about this process as I am not con?dent that the tool is as effective as maybe it once was.Given the huge shift in Niagara in regards to the number of commuters and the large increase real-estate value -it is becoming the norm to have multiple families in one dwelling.There are many children per house.This shift has created a messy situation for our local schools and lbelieve we can learn from that.I would love to see how our expected volumes are predicted?This may seem Thank you for your time,Jocelyn LongridgeGetOutlookforAndroidPage 88 of 431 — From: Sent:Wednesday,April 7,2021 11:34 AM To:Alex Herlovitch;Planning Emails Cc:Julie Hannah;CouncilMembers;Jim Diodati Subject:Subdivision Proposal for the west side of Angie and South of Lundy‘s Lane (26T-1l~2021-001 and AM—202‘l—O0i) Attachments:Response to the Subdivision ApplicationCity ~APRIL7 2021.docx Follow Up Flag:Follow up Flag Status:Flagged Hello Mr.Herlovitch, Hope you are well and staying safer After many conversations with neighbours,city staff and developers —I have compiled a deeper list of concerns and have attached it.Some points you have already received and some are new (from new concerned citizens).\ Overall children's safety,density,on—street parking,and lack of green space are top of the list.I saw your response to Mike Strange that you also thought the density was too high,thank you! I would like to chat with you about the following questions: 1. 2. 6. 7. What radius of communication was applied for this proposal? What is your range of acceptability for height and density,if you even think an apartment building fits into this established neighbourhood? if an apartment building is approved,can the entry/exit access be on the Artillery Road and not the collector road? We (the neighbours)would like to be involvedwith the SITEPLANAPPROVALPROCESS? Where is the 5%land allocated for a park (Bill108)?Also,do you think proposals with medium density buildings (such as this one)will need more than 5%for parkland? How does LPATdeal with pandemic data? What about the elevation of neighbouring properties?Privacy? I look forward to learning from you,l will call you to discuss. Thank you for your time, ’lo’c’elynTanos'—Longridge"Page 89 of 431 _ From: Sent:Monday,March 29,2021 1:15 PM To:Alex Herlovitch Subject:**AdditionalConcersn**Open House meeting,March 29th at 5PM Hello, One of my senior neighbour's has asked me to send her list of questions/concnerns. 1.How willthe city control the racing?Speeding? 2.Forestview,McGarry and several other ”through”streets have all had problems,what has the city learned from these issues? 3.if speed humps,can they be the ones that make car slow down not simply drive in the centre? 4.How willthe city control the increased parking?Reduced visibilityfor children? 5.How willthe city help me,a senior,feel like my opinions matter when I have concerns over the neighbourhood? Thank you on her behalf!Page 90 of 431 auux:I nannall From:,..., V Sent:Wednesday,March 31,2021 8:51 AM To:Julie Hannah Subject:RE:26T—‘ll—2021—O01andAM—2021—001Transportation staff comments Thank yoululie, I appreciate your response.As a statistician,I would love to see the numbers as 200 additional dwellings =109 two—way trips seems low to me.I also challenge data collected during a pandemic when most industries transitioned to work- from—home.Even your council meetings are over zoom.In most industries,data collected during the pandemic hasn't been indicative of the "normal"behaviours.I welcome any discussions on this. Thank you, Jocelyn From:Julie Hannah <jhannah@niagarafalls.ca> Sent:March 31,2021 8:44 AM To:jtanos@hotmail.com Subject:26T~11—2021—0O1and AM—2021—0O1Transportation staff comments Good morning Jocelyn, Transportation staff have provided comments on the concerns you identified in your letter submitted on March 29,2021 for the 26T—l1—2021~0O1and AM—2021—00lapplications.Their reply is provided below: We received a concern from Ms.Tanos in late 2019 regarding the speed of traffic on Angie Drive.Staff carried out a study in 2020.Our findings identified that the operating speed on her street was within tolerable levels and additional traffic/speed control measureswere not warranted. Ms.Tanos has recently brought up new concerns with traffic speeds ~see attached.Staff identified that once the subject development has been fully built—out,a new traffic review will be conducted by Staff.Staff is recommending the addition oftwo (2)speed cushions in the subject development to compliment the existing four (4)speed cushions on Angie Drive. Ms.Tanos expressed concern with an increase in traffic volumes clue to the subdivision.The developer was asked to identify what the impact of the new subdivisionwould have on Angle Drive.Angie Drive is classified as a collector road in the City's Official Plan.Collector roads are meant to distribute traffic from arterial roads (such as Kalar Road and Garner Road)to other collector roads and local roads (such as Pauline Drive).Residentialcollector roads carry upwards carry to 2,000 cars per day near Garner further into the neighbourhood as drivers turn onto other streets and driveways.For instance,between Fausta AvenueandWeinsBoulevard,our data identifies that the traffic volumes are approximately 700 vehicles per day.Table 2 of the traffic report identifies the estimated peak hour trip generation for the subdivision.in the afternoon peakperiod,the development is expected to generate 109 two-way trips.The traffic consultant further estimates that 5%ofthetripswillproceedintotheexistingsubdivisioninthepeakperiodwhichisabout6cars.Over a 24-hour period,this is60cars.However,it is expected that the level of service at all internal intersections will be acceptable throughout theday.Page 91 of 431 regards, Julie Julie Hannah,MES,MA,MCIP,RPP l Planner2 [Planning,Building,and Development |City of Niagara Falls 4310 Queen Street |Niagara Falls.ON LZE 6X5 |(905)356-7521 e><t4107 l Fax 905~356»2354 ]'hannah@niagarafalls.ca niagarafallsca Only select sen/ices are available to the public at City facilities,as a precautionarymeasure to stem the spread of COVID-19.We will continue to serve you online at niaga1‘afa.lls.ca. We thank you in advance for your understanding,should We take longer than usual to respond to your inquiry. The City of Niagara Falls Con?dentiality NoticeThe informationcontained in this communicationincluding any attachments may be con?dential,is intended only for the use of the reclpient(s)named above,and may be legally privileged.If the reader of this message is not the intended recipient,you are hereby noti?ed that any dissemination,distribution,disclosure or copying of this communication,or any of its contents is strictly prohibited.If you have receivedthis communicationin error,please re-send this communicationto the sender and permanently delete the originaland any copy from your computer system.Thank you Page 92 of 431 From:Domenic lacampo Sent:Saturday,April 3,2021 4:23 PM To:Alex Herlovitch Cc:CouncilMembers Subject:Proposed Development East Side Garner Road South of Lundy‘s Lane Hello, lam writing to you today about the Housing Development proposed for Garner Road south of Lundy's Lane.i am concerned about the opening up of Angie Drive to Garner Road as MANYkids play outside daily in our very social neighbourhood.I understand that a stop sign and speed bumps will reduce some ofthe increase in traffic speed which will occur when the development is complete but could you consider keeping Angie Drive a dead end to a small park which would benefit the new residents as well.Forestview Blvd.already runs from Kalar Road to Garner Road so it isn't necessary to run Angie Drive to Garner Road.1would also like to bring up that my 6 year old daughter attends school 5 km away because the schools closer are full so 1ask is it really a good idea to build all these homes when the schools are so full already.I am not against the homes being built but maybe a few less homes and a park would be a good compromise. Thank You Domenic lacampo and Family Niagara Falls,Ontario Page 93 of 431 _ From:6.Van Kleef< ,1 Sent:Wednesday,March 17,2021 10:44 AM To:Alex Herlovitch Subject:Notice of Application Re:Notice of Application: East side of Garner Road,South of Lundy‘s Lane;Part of Stamford Township Lot 139 Hello,my name is Gwen Van Kleef and my husband,Peter Van Kleef,has owned Campark Resorts on Lundy‘s Lane since 1982 -almost 40 years.I am writing with concerns about this upcoming subdivision. We get a LOT of complaints from the subdivision behind our property -Fernwood —about campfires. We have pointed out to them that they should have done their due diligence BEFORE committing to the largest expenditure of their lives. I feel that it is the responsibility of the builder/developer to inform the buyers that there is the possibility of campfire smoke and it's not the responsibility of the campground to stop this activity when it has been going on for almost 40 years. Thank you, Gwen Van Kleef Campark Resorts 9387 Lundy‘s Lane Niagara Falls,Ontario L2H 0T7 www.camgark.com Page 94 of 431 _ From:Bhaumik Dave I __.,...,...-,,..., Sent:Monday,April5,2021 9:18 AM To:Alex Herlovitch Cc:Julie Hannah;Counci|Members;Mansi;jim.cliodati@niagararegionca;wgates— qp@ndp.on.ca Subject:Subdivision File number 26T—11—2021—0O1 Hi Alex, Hope all is well. We're writing in reference to the proposed subdivisionon Garner road south of Lundy's Lane. Our children are 6 and 10 years old;they attend ForestviewPublic School.Our oldest child has been studying at Forestview in portables with no sink/toilet facility since past 3 years.Forestview school has already been experiencing a huge number of children for enrollmentin the past few years. Now,about the environment:There seems to be only one park in this area for all kids/family activities i.e. Deer?eld park.In this region,for kids to be in sync with nature,there seems no other green space. The subdivisionand area we reside in has a great community including lots of children.The children usually play on the street and families mostly socialize aroundthem. Safety and exposure of our children and families in the neighbourhood is of paramount importance. With development of this proposed subdivision,our concerns are:(i)opening up Angie Drive towards Gamer road will likely increase traffic and speeding drivers that threatens security,(ii)Forestview school will face increased difficulty for children enrollment,(iii)No green space will be available to children in the neighbourhood to feel the connectionwith nature,(iv)Lack of park/playgroundavailability will overwhelmthe neighbourhood,(iv)Street parking space will signi?cantly reduce especially with proposed apartment building, (V)The wonderful wildlife currently thriving in this patch of ecosystem would be endangered. With reference to the issues mentioned above,we strongly recommend:(i)Not extending Angie drive towards Gamer road,(ii)A path access to green space/park/playgroundin the proposed space for the upcoming generation,(iii)Considering another school to ease pressure also based on Verbal reports of the community north of Lundy’s lane on Garner road. We're hopeful that you'll be considerateand respect/encourage the essentials. Thank you, Bhaumik,Mansi and family.Page 95 of 431 ~7?W"~ F#%&o2”2;fat[o»7 .?gs;//y \ \7 L L ._)/Ee?anV,/*/yme/4 Page 96 of 431 Response to the Subdivision Application City File:26T-11—2021—OO1 Subdivision Design: a)47 single detached lots. b)2 blocksfor 8 on-street townhouse dwelling units. c)1 blockfor 14 block townhouse dwelling units, cl)1 blockfor a medium density residential (6 stories,113 units). e)Extending Angie Drive to Garner Road. My Concerns With regards to design cl)—the medium density residentialbuilding 1. 2. A large apartment building has no place/business in a single dwelling subdivision. A large apartment building would obstruct our sight lines,sunset views,will reduce our afternoon daylight sun exposure and it will be visually obtrusive. Building a 6—story apartment building would reduce our property values and resale values.We pay property tax to live in a subdivision with single dwelling homes. There is no such structure in any other neighbourhood in Niagara Falls. When a large medium density building was proposed for the corner of Mountain Road and Mewburn Road —the city denied such a tall building for reasons such as sight lines. I would like to have the same ruling. Residents who live in apartments are less desirable neighbours and more likely to engage in crime or other antisocial behaviour. Apartments overburden schools (Forestview is already over populated),produce less revenue for local governments and require more infrastructure support. Higher density housing creates traffic congestion and parking problems. With regards to extending Angie Drive to Garner: 1.Based on a recent speed study,there average speed travelling down Angie Drive is above 50 km/hand residents are not stopping at stop signs.Mr.Dulat (the reporting Traffic Technologist)said the Niagara Regional Police would be notified for increased enforcement and we have NOT seen anything.i believe this is a bigger problem.Our city is growing faster then our law enforcement staff and therefore there is not enough resources to protect our residents,our children,from speed and dangerous driving. one (with a walkway) this new subdivision will seriously increase this.There have been police reports made about the street racing that occurs and there hasbeennoactiontaken.Keeping the new subdivision to access only by foot,drasticallydecreasesthevolumeofcarsracingthrough.Page 97 of 431 4.The sundowner attracts dangerous behaviour and altercations,having Garner Road open to the entire neighbourhood,invites criminalsto roam our streets.We already have a problem with Lundy's Lane "walkers"roaming around (check all the previous police reports). 5.I encourage and welcome all council members to spend an evening down here and tell me that they feel comfortable playing outside with children. 6.Our bus driver,often must beep or pull over in the middle of street to prevent drivers from driving through her stop sign.She is constantly complaining.I personally have spoken to 2 neighbours about school bus safety. With regards to the whole new subdivision: 1.How are you planning to provide protection and support?Several new homes are left vacant,uncared for and turned into illegal operations.For example,there is a house on Connor Cres that is being used to harvest illegal drugs,there are dangerous people lurking around and offensive odors.This house has been reported many times and nothing has happened which supports my infrastructure concerns.Page 98 of 431 _ From:Tripp,Ron <Ron.Tripp@niagararegion.ca> Sent:Thursday,March 25,2021 8:18 PM To:Alex Herlovitch;Julie Hannah Cc:stephanietripp1970@gmail.com Subject:Official Plan 8LZoning By—LawAmendment Application~City File:AM—2021—OO1 Mr.Alex Herlovitch, Director of Planning,Building &Development City of Niagara Falls Subject: Official Plan &Zoning By—LawAmendment Application —City File:AM—2021—OO1 Draft Plan of Subdivision Application —City File:26T-11-2021-«O01 Applicant:1198815 Ontario Ltd. Mr.Herlovitch: Firstly,I point out that this correspondence is from my Region of Niagara email address as it is the only one that I have.To be clear,this message is in no way related to my role at the Region or represent any position of the Region. Please accept and consider these comments and requests with respect to the above-mentioned application.We live in the neighborhood adjacent to the proposed development.We are generally supportive of the development as it has been proposed based on the detail that we have seen to date.We do have a few concerns that we feel the City should address either in conjunction with the development or in parallel as a City lead initiative.Those concerns are as follows: -We see that Angie Drive will now connect directly to Garner Road.This of course make sense.We must point out that the existing condition of Garner Road,between McLeod Road and Lundy‘s Lane is poor at best.The road platform is deficient,storm servicing is deficient and active transportation options are almost completely absent.This segment of road is like a rollercoaster ride for vehicles and not very safe for pedestrians or cyclists. -The poor condition of the road is typical for the entire segment.The active transportation concerns are most significant between Forestview Boulevard and Lundy‘s Lane based on how the larger Kudlac Farm development connects to Garner Road.There was a sidewalk constructed on Garner Road recently in coordination with the German Village development. and develop options for City Council’s consideration that wouldcompletedsimultaneouslywiththeservicingconstructionofthe proposed development.WeunderstandthatthisrequestmayhavefinancialandcapitalbudgetimplicationsfortheCity.However,given the time necessary to complete the development approval process andcommencethesiteservicingwork,we feel confident that his work could be accommodated.Thank you for your consideration.Page 99 of 431 Respectfully submitted, Ron &Stephanie Trioo *,Niagara Falls The Regional Municipality of Niagara Con?dentiality Notice The information contained in this communication including any attachmentsmay be con?dential,is intendedonly for the use of the recipient(s)named above,and may be legally privileged.If the reader of this message is not the intendedrecipient,you are hereby noti?ed that any dissemination,distribution,disclosure,or copying of this communication,or any of its contents,is strictly prohibited.If you have received this communicationin error,please re-send this communicationto the sender and permanently delete the original and any copy of it from your computer system.Thank you.Page 100 of 431 _. From:Steve Docherty ...-.-..__ Sent:Thursday,March 25,2021 3:32 PM To:Julie Hannah Cc:Nancy Docherty Subject:Re:Notice of Application—Roll 2725—lOO~006—03900 Good afternoon Julie, Thanks for the response and the supporting documentation.Having read the relevant documents,and certainly I'm no expert,I fail to understandhow they address the primary concern I expressed regarding safety and traffic volume at the intersection of Angie and St.Michaels and Pauline Drive.The "Transportation Letter"[and other documents that I reviewed]are focused on Garner Road and Lundy's Lane where as our interests are entirely around a)sudden in?ux of through traffic from Kalar to Garner on Angie akin to what happens on Forestview currently and b)the safety related to the same [consideringthe intersectionwithout the through road is already rather dangerous],Please correct me if I am mistaken and point me to the relevant sections if you could but those details were not apparent to me. Once again thank you for taking the time to have a conversationand solicit feedback /have an informed community.l was particularly impressed with the archeological study documents which demonstrates respect for the history of the land and its peoples. Best regards, Steven cc:Nancy Docherty On Thu,Mar 25,2021,at 1:49 PM,Julie Hannah wrote: Good afternoon Steven, Thank you for your feedback regarding the Notice of Application for a draft plan of subdivision,official plan and zoning by-law amendments for RollNo.2725-100—OO6—03900. The applicant submitted a Traffic impact Study and Noise impact Study.Both documents (along with others)may be found under the Open House Heading in a drop—boxfolder for the file located at the webpage below: https://niagarafaIls.@citv~hall/planning/current—planning—applications.aspx City Transportation staff have reviewed the Traffic Study and are requiring traffic calming measures be implemented and a southbound left turn lane on Garner Rd at Street A be constructed as draft plan conditions.It was planned that Angie Drive would extend to Garner Road. The subdivision agreement will have clauses to address potential construction impacts,as dust,that the developer must comply with.In regards to noise that is generated during construction,theCity's Noise By—lawand Ministry standards would be applicable.I hope the above information is helpful.JuliePage 101 of 431 From:Andrew Bryce Sent:Wednesday,March 24,2021 5:02 PM To:Julie Hannah Subject:FW:regarding notice of application feedback ————»0riginalMessage~-——— From:Steve Docherty < Sent:Friday,March 19,2021 9:33 AM To:Alex Herlovitch <aher|ovitch@niagarafalls.ca> Cc:Nancy Docherty Subject:regarding notice of application feedback Good morning, Thank you for the opportunity to provide feedback on the Notice of Application I received for Assessment Roll No.: 2725—100—0O6-03900[East side of Garner Road,South of Lundy‘s Lane;Part of Stamford Township Lot 139]. My family owns [and occupies]a home at the intersection of Angie Drive,St.Michael ave/PaulineDrive.Currently that intersection is rather dangerous as Angie and St.Michael are both treated as though they are race tracks and people drift around the corners and ignore the stop signs. I'd like to understand what will be done to ensure the safety of my children with the expected increase in traffic volume due to this new development.I understand from the diagram in the notice that Angie will connect with Garner similar to the way Forestview does.This will definitely result in more traffic and the speed and safety situation along Angie needs to be adjusted;but particularly at the intersection near my home as my children walk to the school,park,etc constantly. I am not in favour of this development unless safety measures are included in the plan and something is done about the existing traffic speeds/behaviours which I expect to worsen with this development plan.Additionally,this area is currently stable from a construction point of view;l would expect new development to cause substantial disturbance in terms of air quality [dust and dirt in the air]as well as noise and a further displacement of wildlife.I'd like to understand what can be done to address those items if at all possible but primarily my objection is traffic /safety based. Thank you, Steven Docherty cc:Nancy DochertyPage 102 of 431 Wednesday,April 7th,2021 Dear Mr.Pietrangelo, My name is Tracey Starr,and I am the owner of my home at ,here in Niagara Falls.I am writing you this letter,as I am extremely concerned,and very anxious about the proposed extension of Angie Drive and the proposed subdivision expansion on the west end of Angie Drive-Draft Plan of Subdivision Application~City Fi|e-26T—1i—2021~001. After attending the recent Open House with David Falletta,On Monday,March 29th,2021,I am very concerned about the proposed 6 story apartment building being built in our neighbourhood.I have immediate issues with the logistics of a building like this being built in our established neighbourhood.My issues centre around the parking,speed,property integrity,but most importantly the safety of our children. if you look closely at the top of Angie Drive,and Kelsey St,you willquickly see some of the concerns I have,as they are very evident with the townhomes that were built on Kelsey St; increased traffic on Angle,increased parking on the streets etc. My previous home in Niagara Falls,was a townhome,and the parking was always an issue. The safety of the children was always an issue.So I made the move to Angie Drive,to an established neighbourhood,with single home dwellings.I have lived on Angle Drive for 6 years,and have thoroughly loved living here.The neighbourhood is full of young families with children who play together outside.The increased traffic,and the increased cars being parked on the streets,just puts our children's safety in jeopardy. I would like to meet to discuss this proposed buildthoroughly.While growth and development of our city is inevitable,and a very positive move,there are components to this proposal that need to be seriously questioned.Changing the zoning to accommodate this medium density development is not a positive move for our neighbourhood. I look forward to hearing from you to discuss my concerns further.I know a lot of the neighbours share my concerns,and would like to discuss their concerns with you too. Thank you, Tracey Storr APR-8 2021PL/-\Ni\lIl\iG&DEVELOPMENTPage 103 of 431 Julie Hannah From:David Falletta <> Sent:Monday,March 29,2021 5:08 PM To:Richard Quagliariello Cc:Evan Sugden;Michael Gojsic;Rob Melick;Julie Hannah Subject:RE:Subdivision Attachments:46636»104—P~GPl P—GP1.1.pdf Hello Mr.Quagliariello, Thank you for your comments below.The proposed development includesthe extension ofthe sanitary sewer from Lundy’s Lane,south along the centerline of Garner Road,to approximately 35m south of Lundy’s Lane.At that location, the proposed sewer turns 90 degrees to go east,and leaves the roadway,entering private property adjacent to the north side of the proposed development.The proposed extension is shown on the attached Preliminary Servicing Plan. This is how the development is proposed to be serviced,as designed by the project's civil engineering consultant (MTE). This proposed servicing plan is currently being reviewed by City Staff.We have not yet received formal comments on this proposed servicing plan from the City. Any submission you make will be addressed in any submission for this application. I've copied the City's land use planner,Julie Hannah,who is managing the file for the City. Please let me know if there's any additional information or clarification required. Thank you, David Falletta,MCIP,RPP Cell Phone:416-418-5422 l Bousfields Inc. PLAN]DESIGN]ENGAGE 1 MainStreet East,Suite 200 |Hamilton,Ontario 1LBN 1E7 Hamilton Tel:905-549-3005 Ext.401 [Fa><:416-9410781. 5 Tel:416<947—9744Ext.401 |Fax:416—947~O751WWW.BOUSFlELDS.CA%r5E Remote Location Alert:In order to support public health e?’arts,the Bous?elrlsteam is working offlsite.Page 104 of 431 From:Richard Quagliariello <rm: Date:Friday,March 26,2021 at 10:20 PM To:Bousfields <bousfie|ds@bousfie|ds.ca> Subject:Subdivision Hive on Garner Rd south of Lundys lane in Niagara Fallsand am interested in the subdivision project that is taking place.I was wondering if there will be sewers coming clown Garner from Lundys lane and on which side of the road?Hopefully you can give me some information as I cannot log into your meeting with the city. Thank you for your time P Aleo. Richard Page 105 of 431 From:Florita Dinglasan Sent:Monday,April12,2021 10:43 AM To:Planning Emails Subject:Proposed Extension of Angie Drive(to Garner Rd) Hello! We are property owners along Forestview Blvd.We have been enjoying our quiet life at this community for close to 6 years now after moving from Markham.However,with the above proposed extension which will include construction of a number of dwelling places i.e,single family houses,townhouses,condos and particularly a six~storey apartment building,our life will be quiet NO MORE.More importantly,this development will have a great effect on our life physically,mentally,sociallyand moreso economically.We are concerned ofour potential decreased property value, increased housing density and population around the community,heavy flow oftraffic,speed,driving safety and street parking.Green space will also be lost. We are writing today to voice our NON—CONFORMlTYtothe above development proposal and request reconsideration to implement this plan forthe reasons we have mentioned above. Thank you for your kind attention to our concerns. Yours truly, Florita and Conrado Dinglasan Sent from my iPhone Page 106 of 431 Daniel Partners LLP L AW Y E R S Monday,August 9,2021 SENT VIA EMAIL ONLY Mr.Alex Herlovitch Director of Planning,Building &Development City of Niagara Falls 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Sir: RE:East Side of Garner Road,South of Lundy’s Lane Zoning By-law Amendment Application —City File:AM-2 02 1-001 Draft Plan of Subdivision Application —City File:26T-11-2021-001 Applicant:1198815 Ontario Ltd. We represent Garlund Properties Inc.,which is the registered owner ofthe property known as 5855 Garner Road,Niagara Falls,Ontario [the "Property"].The Property is located north of Lundy’s Lane and west of Garner Road in the City of Niagara Falls and is designated Industrial under the City ofNiagara Falls Official Plan.The Property is zoned General Industrial under City of Niagara Falls Zoning By-law No.79-200,having been rezoned from Transportation -Distribution Industrial to General Industrial by Zoning By- law Amendment No.2016-28.The Property is not zoned for light industrial uses,but is zoned for heavier industrial uses such as manufacturing of raw materials,breweries and food and meat processing plants. Our client,as landlord,leases the Property to Global Architectural Metals Corporation ("GAM”),which is a wholly owned subsidiary of BV Glazing Systems Ltd. ["BVGS"),as tenant,under a long term lease.GAM operates a facility at the Property which is used in the manufacturing of aluminum curtain walls,window walls and railings.The manufacturing facility is operational continuously,24 hours a day,7 days a week with approximately 140 employees working at the site. Our client is strongly opposed to the proposed Zoning By-law Amendment and Draft Plan of Subdivision for the lands located east of Garner Road and South of Lundy’s Lane [the "Subdivision Lands").Material fabrication,which occurs on the Property,includes heavy industrial equipment fabricating aluminum and steel with operations that include Donald C.DeLorenzo P.O.Box 24022 39 QueenStreet,St,Catharines,ON L2R 7P7 T:(905)688-9411 F:(905)688-5747 E:de1orer1zod@niagaralaw.ca www.niagaralaw.ca Page 107 of 431 stamping and punching.These operations generate noise levels which would certainly be audible from the Subdivision Lands.Further,shipping and receiving activities at the facility involve frequent forklift operations and transport trailer traffic to and from the Property. The noise and light outputs from these shipping and receiving activities would certainly be perceived at the Subdivision Lands. Prior approval of residential development applications,and the consequent introduction of new sensitive land uses in close proximity to the facility,has placed tremendous pressure on GAM and BVGSand,in turn,our client as the property owner and landlord.The introduction ofsensitive land uses in the area ofthe facility has increased the number of complaints received from residents,interfering with the industrial operation and putting it in jeopardy.Over the past several years,GAM and BVGShave received complaints from the residents of the recently approved Fernwood Estates subdivision, which is located north ofthe Property,regarding the noise and light outputs from their operations.Complaints were also received from occupants of the campground located at the northwest corner of the Garner Road and Lundy’s Lane intersection.GAM and BVGS have invested significant efforts to address such complaints. We believe that there are serious errors and omissions in the Applicant's Planning IustificationReport prepared by Bousfields Inc.,the Noise Study prepared by Thornton Tomasetti Canada Inc.and the City's planning staff report PBD-2021-41 in relation to the Property,such as the following: The Planning JustificationReport asserted that the operation at the Property is likely a Class I —Light Industrial land use in accordance with Ministry of Environment D-6 Guidelines.With respect,the consultant's classification ofthe operation as Class I is based on a misapprehension ofthe outputs,scale,process and intensity of the operation.The operation is likely classified as a Class II or Class III industrial facility under the D6 Guidelines.As mentioned earlier,the operation involves metal manufacturing,continuous movement of products and employees,frequently audible noise,outside storage ofproducts and daily shift operations.Under the D6 Guidelines,a Class II facility has an influence area of 300 metres and a Class III facility has an in?uence area of 1,000 metres.The recommended minimum separation distances are 70 metres for a Class II facility and 300 metres for a Class III facility.It is notable that a Brewery,which is another permitted use ofthe Property under the General Industrial zoning,is a recognized Class III operation; The Noise Study did not even mention the industrial operation at the Property as a noise source that should impact the development.Instead,the Noise Study listed the significant noise sources as road traffic on Garner Road and Lundy’s Lane and music at night from the two nightclubs north ofthe Subdivision Lands;and Page 108 of 431 .--*-'*:%::':-- .=..«.-.-.E I-I-'-IKE-I.j'jl iiuj %.—_%'='_-:-_~.-'.-= I-I 3.]3.5-:-T E?’.“ -|.h-I- J§$-Inn-I =-£-_='~1-_._.*'-"""- 1 -I.-|:.|.II:ru.I|.I|-I. -The City's planning report relied on the Noise Study to conclude that “there are no potential adverse effects from nearby light industrial operations"without conducting any analysis of the D6 Guidelines. It is our client's position that the subject residential development applications are inconsistent with the policies found in the Provincial Policy Statement (the ’“PPS”)and do not conform with the policies found in the Growth Plan for the Greater Golden Horseshoe (the "Growth Plan"),the Niagara Region's Official Plan and the City's Official Plan. The applications are inconsistent with the policies in the PPS that intend to protect industrial uses from new sensitive land uses being developed in close proximity.The proposed development on the Subdivision Lands will significantly increase resident noise complaints to the City and have a negative impact on the ability ofGAM and BVGSto conduct its operations. The Property is considered an employment area under the Growth Plan,as it is designated Industrial in the City's Official Plan.The Growth Plan provides protection for employment areas and requires limiting sensitive land uses vis a vis employment areas. The Property is designated as an employment area under the Niagara Region's Official Plan. The Niagara Region's Official Plan requires municipalities to plan for,protect and preserve employment areas for current and future use.Policy 3.C.3 states that where new sensitive land uses are proposed adjacent to or in proximity to employment areas,analysis is required to assess any constraints the introduction of such uses will have on the types of uses which could locate within all or portions ofthe employment area and/or on any existing employment uses. The City's Official Plan requires that regard will be had to the following objectives in the zoning oflands for industrial purposes: 8.3.2 To provide a suitable environment for industrial operations,free from interference and restriction by other uses. 8.3.4 To protect adjacent lands,particularly residential areas from the effects of incompatible uses. 8.3.5 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. It is apparent that the development proposal,which presents a sensitive land use in close proximity to general industrial uses,does not conform to the aforementioned policies.However,should the City overlook these inconsistencies and proceed to approve the applications,it is our client's position that,at minimum,the City must impose the following conditions of approval: Page 109 of 431 1.The City will designate the Subdivision Lands as a Class 4 area under the Ministry of Environment,Conservation and Parks Noise Guideline NPC-300. 2.That the Owner enter into an agreement with Garlund Properties Inc.under the Industrial and Mining Lands Compensation Act for nominal consideration and compensation. The Class 4 area designation can apply to a new residential development in areas which would otherwise be Class 1 or Class 2 urban,and which: is an area intended for development with new noise sensitive land uses that are not yet built; is in proximity to existing,lawfully established stationary sources;and has formal confirmation from the land use planning authority with the Class 4 area classification which is determined during the land use planning process. The proposed development at the Subdivision Lands meets the definitions and requirements for a Class 4 area listed above.A Class 4 designation under NPC-300 provides higher noise guideline limits for the development at the Subdivision Lands.The purpose of the Class 4 designation is to provide a "buffer space”for noise levels for the industrial operation at the Property.Further,as a Class 4 area,the development at the Subdivision Lands would be required to incorporate mandatory air conditioning and use a specific noise warning clause to notify prospective purchasers and tenants.The City can make the designation ofa Class 4 area under NPC-300 within a planning instrument such as the Zoning By-law Amendment for the proposed development. An agreement under the Industrial and Mining Lands Compensation Act would essentially protect our client and its lessees from claims or actions related to nuisance arising out of the operation of its normal and permitted industrial activity at the Property, including any noise,vibration,light,dust and odour emanating therefrom.These agreements have been used in numerous developments and are a method oflimiting complaints towards industrial operations.The proposed Agreement would be registered on title to the Subdivision Lands and the Property and thereby bind future property owners. This will provide greater transparency about the nearby industrial operation to the public and potential home purchasers. By implementing the above conditions,the City would demonstrate its desire to provide full disclosure,as anyone purchasing a home in the Subdivision Lands would be fully informed ofthe possible consequences ofliving in proximity to an industrial facility. The proposed conditions would also benefit the City by eliminating future complaints related to industrial operations at the Property. Page 110 of 431 Thank you for your consideration ofthese comments.Please Contact the undersigned ifyou require any further information. Sincerely, Daniel &Partners LLP Pen Donald Lorenzo DCD2r Encl. c.c.Mr.Bill Matson,via email Client Page 111 of 431 August 5, 2021 VIA EMAIL – aherlovitch@niagarafalls.ca Director of Planning, Building & Development City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Alex Herlovitch Dear Mr. Herlovitch, RE: East side of Garner Road, South of Lundy’s Lane; Part of Stamford Township Lot 139 Assessment Roll No.: 2725-100-066-03900 Zoning By-Law Amendment Application – City File: AM-2021-001 Draft Plan of Subdivision Application – City File: 26T-11-2021-001 Applicant: 1198815 Ontario Ltd. Agent: Bousfields Inc. (David Falletta) We have received a copy of the Notice of Remote Electronic Public Meeting with regards to the above referenced Zoning By-Law Amendment Application. In accordance with the Notice, please note the following written submissions: BACKGROUND Global Architectural Metals Corporation (“GAM”) is a tenant pursuant to a Lease Agreement with Garlund Properties Inc. for the property known municipally as 5855 Garner Road, Niagara Falls, Ontario L2H 1H4 (the “Premises”). GAM is a subsidiary wholly owned by BVGlazing Systems Ltd. (“BVGS”). The term of GAM’s lease of the Premises is 10 years, commencing from June 1, 2016 to May 31, 2026. GAM has an option to renew the Lease for two (2) further periods of five (5) years each. The Premises are zoned to allow for general industrial uses, and governed by By-Law 2016-28, a copy of which is enclosed. GAM operates at the Premises as a manufacturing facility of Aluminum Curtain Walls, Window Walls, and Railings and is operational 24 hours/7 days a week. The proposed development and subject Zoning By-Law Amendment are to the lands adjacent from GAM’s manufacturing facility. The proposed zoning by-law amendment development may negatively impact the current general industrial use of GAM’s leased premises in the future. The proposed development may also put strain on an under-sized private road in an area designated for low-density development. Page 112 of 431 KEY POINTS OF OPPOSITION TO ZONING BY-LAW AMENDMENT BVGS employ’s circa 140 people at the Premises with operations running 24 hours per day and 7 days per week as required to meet customer commitments. Shipping and receiving activities routinely include 53’ trailers operating on a just in time basis. Added road congestion potentially impacts our operational work flow where customer satisfaction hinges on prompt and punctual material fabrication and finished good deliveries to high rise construction sites. Material fabrication includes heavy industrial equipment fabricating aluminum and steel with operations that include stamping and punching. These operations generate noise levels that may come at a surprise to residents of the proposed development. Whereby, noise complaints are anticipated. Health concerns from increase of traffic congestion, potentially causing delays to emergency services. Crime and safety are directly correlated to increased density in communities , potentially requiring enhanced security monitoring and added insurance policy coverage. Yours very truly, Mike Cornacchia, CFO Page 113 of 431 Page 114 of 431 Page 115 of 431 Page 116 of 431 Page 117 of 431 Niagarapalls April 19, 2016 Peter R. Tice Ross & McBride LLP 10th Floor — 1 King Street West Hamilton, ON L8N 3P6 Dear Mr. Tice: Re: Final Approval of By-law No. 2016-28 File No.: AM -2015-013 Part of Lots 135 & 138, Former Township of Stamford, Now City of Niagara Falls 5855 Garner Road Owner: Garlund Properties Inc. c/o Henry Muller The attached zoning by-law was passed by City Council on March 22, 2016 and circulated to area property owners on March 29, 2016. No appeals were received. I now attach my declaration that Notice of the Passing of the By-law was given as required by the Planning Act and that no Notice of Appeal was filed within the time allowed. Under the circumstances, By-law No. 2016-28 became effective on the day it was passed. Yours truly, Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development gd Attach. c. D. lorfida, Director of Council Services & City Clerk Ken Beaman, City Solicitor K. Mech, Manager of Current Planning Senior Zoning Administrator T. Agnoletto, Acting Chief Building Official S. Felicetti, Director of Business Development Services L. Cunningham, Municipal Property Assessment Corporation S \ZONING\AMS\2015\AM-008\Bylawpassed.ltr.docx Working Together to Serve Our Community Planning, Building, & Development Ext 4231 Fax 905-356-2354 aherlovitch@niagarafall 023, Niagara Falls, ON, Canada L2E 6X5 905-356-7521 www.niagarafalls.ca Page 118 of 431 CANADA Province of Ontario Regional Municipality of Niagara TO WIT: IN THE MATTER OF Subsection 34(22) of The Planning Act, and IN THE MATTER OF By-law No. 2016-28 of The Corporation of the City of Niagara Falls I, ALEX HERLOVITCH, of the City of Niagara Falls, in the Regional Municipality of Niagara do solemnly declare that: 1. I am the Director of Planning, Building & Development of The Corporation of the City of Niagara Falls and, as such, have knowledge of the facts herein declared; 2. That By-law No. 2016-28 was passed by the Council of The Corporation of the City of Niagara Falls on the 22nd day of March, 2016; 3. Written Notice of the Passing of By-law No. 2016-28 was given on the 29th day of March, 2016, pursuant to Subsection 34(18) of the Planning Act. 4. No Notice of Appeal was filed with the City Clerk pursuant to Subsection 34(19) of the Planning Act, within the time allowed for appeal, namely within 20 days from the date of the written Notice of the Passing of the By-law; 5. The decision of Council and the passing of the by-law is therefore final and binding and the by-law is deemed to come into effect on the day that it was passed; AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at the City of Niagara Falls in the Regional Municipality of Niagara this 19th day of April, 2016 A Commissioner of Oaths, etc. ase Jean Scerbo a Commissioner, etc., Province of Ontario, for t. ;tion of the City of Niagara Falls. 2, 2018. ALEX HERLOVITCH S \ZONING\AMS\2015\AM-013\CertBylaw.wpd Page 119 of 431 CITY OF NIAGARA FALLS By-law No. 2016- 28 A by-law to amend By-law No. 79-200, to allow a range of general industrial uses including a brewery on the Lands (AM -2015-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi -processed or fully processed materials b) Animal hospital c) Brewery d) Builder's supply yard e) Carpenter shop f) Car rental establishment, truck rental establishment g) Car wash h) Coal, fuel, gasoline and oil storage yard i) Cold storage plant j) Commercial printing and associated services establishment k) Contractor's or tradesman's shop or yard, Contractor's or construction equipment shop or yard I) Equipment yard Page 120 of 431 2 m) Establishment for building material sales n) Food and meat products plant, but not including an abattoir o) Frozen food locker service p) Grain and feed mill and storage q) Humane Society, including a pound for small animals r) Ice manufacturing plant s) Kennel for the boarding and breeding of dogs and cats t) Laboratory u) Laundry plant v) Lumber and planing mill and yard w) Machine shop x) Monument, stone, clay and glass manufacturing plant y) Poultry processing plant z) Public garage, auto body aa) Public garage, mechanical bb) Shop for the repair and servicing of goods, machinery and equipment cc) Trucking or shipping terminal dd) Animal clinic ee) Warehouse ff) Welding shop gg) Wholesale establishment hh) Winery ii) An office which is an accessory use to one or more of the uses set forth in clauses (a) to (hh) inclusive of this section Page 121 of 431 3 5. The regulations governing the permitted uses shall be: a) Minimum front yard depth 16.7 metres b) Minimum landscaped open space 10% of the required front yard c) The balance of regulations specified for a GI use 6. For the purposes of this by-law the following definition shall apply: BREWERY" means an establishment where beer and ale is brewed, bottled, canned, stored and distributed and includes retail sales of the product. 7 All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet A4 of Schedule "A" of By- law No. 79-200 by redesignating the Lands from TDI to GI and numbered 1019. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1019 Refer to By-law No. 2016-29. Passed this twenty-second day of March, 2016. abut DEAN IORFIDA,1CITY CLERK First Reading: March 22, 2016 Second Reading: March 22, 2016 Third Reading: March 22, 2016 S M. DIODATI, MAYOR Page 122 of 431 SCHEDULE 1 TO BY-LAW No. 2016-28 Subject Land Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 135 Stamford; Pt Twp Lt 138 Stamford As In R0478414; F\ Applicant: Garlund Properties Inc. Assessment #:272510000507101 K: \GIS_Requests\2015\Schedules\Zoning\013\Zoning.map iagara Falls N i 1: NTS AM -2015-013 March 2016 Page 123 of 431 Location Map Print Date:© City of Niagara Falls 7/23/2021 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 124 of 431 PBD-2021-42 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-42 AM-2021-011, Zoning By-law Amendment Application 5563 Slater Avenue Applicant: Barrington Timoll and Heather Cox Agent: NPG Planning Solutions Inc. (Cory Armfelt) Conversion of Existing Detached Dwelling to Triplex RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Mixed (R3) zone to permit the conversion of the existing detached dwelling to a triplex, subject to the regulations outlined in this report. 2. Prior to passage of the amending by-law, the owner and City enter into a development agreement to secure clauses on title warning of the adjacent industries operations and window construction as recommended in the Noise Study submitted by the applicant. EXECUTIVE SUMMARY Barrington Timoll and Heather Cox have requested a Zoning By-law amendment for land known as 5563 Slater Avenue. The applicants request the land be rezoned to a site specific Residential Mixed (R3) zone to permit the conversion of the existing detached dwelling to a triplex. The amendment is recommended for the following reasons: The proposed development conforms to Provincial policies as it intensifies the use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents; The proposed development conforms with the City’s Official Plan with respect to the density and built form anticipated within the Built-up Area; and, The requested R3 zone permits triplexes and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties. BACKGROUND Proposal Barrington Timoll and Heather Cox have requested a Zoning By-law amendment for land known as 5563 Slater Avenue totalling 490 m2 (0.049 hectares). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a triplex. Schedules 2 and 3 shows details of the proposed development. Page 125 of 431 2 PBD-2021-42 August 10, 2021 The lands are currently zoned Deferred Tourist Commercial (DTC) in accordance with Zoning By-law No. 79-200. The applicant is requesting the subject lands be rezoned to a Residential Mixed (R3) zone, with site specific regulations for minimum lot area, lot frontage, front yard depth, interior side yard width; and, maximum parking area in a rear yard and lot area which can be used as a surface parking area. Site Conditions and Surrounding Land Uses Alterations have begun on the existing detached dwelling to convert it to a triplex. The Building Department issued an order that halted construction as a Building Permit had not been issued. To the north is a duplex detached dwelling, art studio and motel; to the south and west are detached dwellings; and to the east is the Post Foods Cereal Plant and warehousing. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections to the application provided the property owner enters into an agreement with the City, to be registered against the title of the subject lands, which includes warning clauses and a provision that the development complies with all recommendations, including window requirements, as listed in the Noise Impact Study. Building All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for on-site fire-fighting and spatial-separation to occur upon Building Permit(s) application. Business Development, Legal, Municipal Works, Transportation Services No objections to the application or requested site specific regulations. Fire All required permits are required to ensure compliance with the Ontario Building Code. GIS Owner to provide list of unit numbers to GIS for addressing purposes. Page 126 of 431 3 PBD-2021-42 August 10, 2021 Parks and Landscape Parkland dedication to be taken as cash-in-lieu based on professional appraisal at the Building Permit stage. Neighbourhood Open House A virtual neighbourhood open house was held on June 28, 2021 and was attended by one of the applicants and the applicants’ planners. An email was received that requests a privacy fence be installed around the property particularly in the backyard where the requested additional parking is to be located. In addition, there is concern regarding water runoff from the building when it rains which results in stagnant water on the abutting property. A second email was received that requests cedar trees along the privacy fence. The applicant has indicated it is their intention to install a fence around the property. It was stated that while there are pipes projecting from the flat roof that are angled towards the neighbouring property the roof water will be directed to drain pipes that will drain to the street once a Building Permit is issued. The Building Department will review and approve a drainage plan for the subject land. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: The proposed residential development will add to the diversity of housing options for residents, is transit supportive, and will assist the City in meeting its intensification target within the Built-up Area; The submitted D6 Guidelines Land-use Compatibility Analysis notes that the Post Foods facility, located across the street at 4145 Lewis Street, is compatible with the proposed development as it meets air emission standards and there are no records of noise or odour complaints. The submitted Noise Study indicates that ventilation mitigation measures are not required, however windows that mitigate noise impacts are required. The stationary sources from the Post Foods facility are in compliance with NPC-300 noise limits. While warning clauses are not required, the report recommends that the owner incorporate a warning clause in purchase/tenancy agreements concerning the backup alarm and horns from truck operations in the adjacent factory; and, Page 127 of 431 4 PBD-2021-42 August 10, 2021 The recommended regulations will facilitate the redevelopment of land in a manner that minimizes the cost of housing and results in compact form while maintaining appropriate levels of public health and safety. 2. Official Plan The subject lands are designated Tourist Commercial within the Clifton Hill subdistrict of the Central Tourist District in the City’s Official Plan. The proposal conforms to the Official Plan as follows: The stand-alone residential development is permitted under Tourist Commercial policy as it assists in the creation of a complete community; The proposed density of 61 units per hectare is appropriate as the triplex has been designed to maintain the existing setbacks, and its height and street presence is in character with the surrounding neighbourhood; and, The submitted Noise Study and Land-use Compatibility Analysis indicates that sound mitigation windows be installed to address noise issues resulting from the abutting industrial use. In addition, Official Plan Special Policy Area 3 recognizes the existing abutting industrial facility and states the intention is for the land to transition to Tourist Commercial uses once industrial operations cease. 3. Zoning By-law The property is currently zoned Deferred Tourist Commercial (DTC) in accordance with Zoning By-law No. 79-200. The DTC zone permits a detached dwelling and home occupations. The applicant has requested a site specific Residential Mixed (R3) zone which permits a detached, semi-detached, duplex, on-street townhouse, triplex, and fourplex dwelling and accessory buildings and structures. The changes to the standard R3 regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Minimum lot area for a triplex dwelling 740 m2 489.95 m2 Minimum lot frontage for a triplex dwelling on an interior lot 21 m 15.24 m Minimum front yard depth Section 5.7 (special building setback would apply for a proposed building or structure) 3.04 m Minimum interior side yard width (south lot line only) 3 m 1.61 m Page 128 of 431 5 PBD-2021-42 August 10, 2021 Minimum parking area in a rear yard 40 m2 160 m2 Maximum lot area which can be used as a surface parking area 30% 44.7% The requested regulations can be supported for the following reasons: The lot area reduction will allow a density (61units/ha) that is consistent with the Official Plan and will allow the development of 3 dwelling units; The lot frontage reduction is acceptable as the lot exists; The triplex’s new front wall has been constructed 1.5 m easterly into the required front yard. A reduced front yard depth of 3.04 m can be supported as it is similar to the front yard setback of the neighbouring properties; The reduction of the south interior side yard width to 1.61 m can be supported as it maintains the side yard setback established by the existing dwelling; The increase in the minimum parking area permitted in a rear yard can be supported as the required parking spaces are provided on the subject land. A narrow strip of land surrounds the parking area which provides some opportunity for landscaping and an area for snow storage; and, The increase in the maximum lot area that can be used as a parking area is supported as the increase results in the required parking being accommodated on the subject land. The following regulations are proposed by staff for the following reasons: The amending by-law should limit the permitted uses on the property to a triplex dwelling and accessory buildings and structures as the proposed triplex dwelling is suitable for the lot size and is compatible with the neighbourhood; and, To mitigate impacts of increased parking on surrounding properties, the amending by-law should require a 1.8 m high closed board fence adjacent to the rear and interior side yards of the property. To address comments by the Region and findings in the Noise Study, prior to the passage of the amending by-law, it is recommended the applicant and City enter into a development agreement to require clauses warning tenants and future owners about noise impacts from the adjacent industry and to secure window construction that will mitigate expected noise. FINANCIAL IMPLICATIONS The proposed development will provide Cash-in-lieu for Parkland Dedication, Development Charges and a new tax assessment to the City. Page 129 of 431 6 PBD-2021-42 August 10, 2021 CITY’S STRATEGIC COMMITMENT This proposal contributes to developing a strong and diverse housing market that includes affordable and accessible housing choices for all residents. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 -- Elevations Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer J.Hannah: cv Attach. S:\PDR\2021\PBD-2021-42, AM-2021-011 5563 Slater Avenue.docx Page 130 of 431 7 PBD-2021-42 August 10, 2021 SCHEDULE 1 (Location Map) Page 131 of 431 8 PBD-2021-42 August 10, 2021 SCHEDULE 2 (Site Plan) Page 132 of 431 9 PBD-2021-42 August 10, 2021 SCHEDULE 3 (Front Elevation) Page 133 of 431 Address: 5563 Slater Avenue Applicant: Barrington Timoll & Heather Cox Proposal: To permit a triplex Zoning By-law Amendment Application AM-2021-011 Page 134 of 431 A GREAT CITY…FOR GENERATIONS TO COME Location Motel PROPOSED DEVELOPMENT Light industrial Single detached dwellings Commercial Single detached dwellings Page 135 of 431 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Minimum Front Yard Depth 3.04 m (instead of 6 m & Section 5.7) Minimum Interior Side Yard-1.61 m (instead of 3 m) Minimum Lot Area 489.85 m2 (instead of 740 m2) Minimum Lot Frontage 15.24 m (instead of 21 m) Maximum Lot Area that can be used as surface parking area-44.7 % (instead of 30%) Maximum Parking Area in a Rear Yard-159.8 m2 (instead of 40m2)Page 136 of 431 A GREAT CITY…FOR GENERATIONS TO COME Elevations Front Rear Right side Left side Page 137 of 431 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested approval for a zoning by-law amendment for a 0.04 hectare (490 m2) parcel of land. •Land is designated Tourist Commercial in the Official Plan. Residential dwellings are permitted. •The subject land is zoned Deferred Tourist Commercial (DTC) zone. •Applicant is requesting the land be rezoned to a site specific Residential Mixed (R3) zone to allow a triplex dwelling, with site specific regulations for minimum lot area, lot frontage, front yard depth, interior side yard width; and, maximum parking area in a rear yard and lot area which can be used as a surface parking area. Page 138 of 431 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House June 28, 2021 Concerns: •An email was received that requests a privacy fence be installed around the property particularly in the backyard where the requested additional parking is to be located. •There is a concern regarding water runoff from the building which results in stagnant water on the abutting property. •A second email was received that requests cedar trees along the privacy fence. Page 139 of 431 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House Applicant’s Responses to Concerns: •It is their intention to install a fence around the property. •The roof water will be directed to drain pipes that will drain to the street once a Building Permit is issued. •The Building department will review and approve a drainage plan for the subject land.Page 140 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed residential development will add to the diversity of housing options for residents, is transit supportive, and will assist the City in meeting its intensification target within the Built-up area •The submitted D6 Guidelines Land-use Compatibility Analysis notes that the Post Foods facility, located across the street, is compatible with the proposed development as it meets air emission standards. The submitted Noise Study indicates that ventilation mitigation measures are not required, however windows that mitigate noise impacts are required. The stationary sources from the Post Foods facility are in compliance with NPC-300 noise limits. While warning clauses are not required, the report recommends that the owner incorporate a warning clause in purchase/tenancy agreements concerning the backup alarm and horns from truck operations in the adjacent factory. Provincial Policies Page 141 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The stand-alone residential development is permitted under Tourist Commercial policy as it assists in the creation of a complete community; •The proposed density of 61 units per hectare is appropriate as the triplex has been designed to maintain the existing setbacks, and its height and street presence is in character with the surrounding neighbourhood; and, •The submitted Noise Study and Land-use Compatibility Analysis indicates there are no land compatibility issues with the proposal and the abutting industrial use. Official Plan –Lands designated Tourist Commercial within the Clifton Hill subdistrict in the Official Plan Page 142 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The property is currently zoned Deferred Tourist Commercial (DTC) in accordance with Zoning By-law No. 79-200. The DTC zone permits a detached dwelling and home occupations. •The applicant has requested a site specific Residential Mixed (R3) zone which permits a detached, semi- detached, duplex, on-street townhouse, triplex, and fourplex dwelling and accessory buildings and structures. Zoning By-Law Page 143 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The changes to the standard R3 regulations are summarized in the following table: Zoning By-Law ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Minimum lot area for a triplex dwelling 740 m2 489.95 m2 Minimum lot frontage for a triplex dwelling on an interior lot 21 m 15.24 m Minimum front yard depth Section 5.7 (special building setback would apply for a proposed building or structure) 3.04 m Minimum interior side yard width (south lot line only) 3 m 1.61 m Minimum parking area in a rear yard 40 m2 160 m2 Maximum lot area which can be used as a surface parking area 30%44.7%Page 144 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The requested regulations can be supported for the following reasons: –The lot area reduction will allow a density (61units/ha) that is consistent with the Official Plan and will allow the development of 3 dwelling units ; –The lot frontage reduction is acceptable as the lot exists; –The triplex’s new front wall has been constructed 1.5 m easterly into the required front yard. A reduced front yard depth of 3.04 m can be supported as it is consistent with the front yard setback of the neighbouring properties; –The reduction of the south interior side yard width to 1.61 m can be supported as it maintains the side yard setback established by the existing dwelling; –The increase in the parking area permitted in a rear yard can be supported as the required parking spaces are provided on the subject land. A narrow strip of land surrounds the parking area which provides some opportunity for landscaping and an area for snow storage; and, –The increase in the maximum lot area that can be used as a parking area is supported as the increase results in the required parking being accommodated on the subject land. Zoning By-Law Page 145 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis The following regulations are proposed by staff for the following reasons: •The amending by-law should limit the permitted uses on the property to a triplex dwelling and accessory buildings and structures as the proposed triplex dwelling is suitable for the lot size and is compatible with the neighbourhood; and, •To mitigate impacts of increased parking on surrounding properties, the amending by-law should require a 1.8 m high closed board fence adjacent to the rear and interior side yards of the property. Zoning By-Law Page 146 of 431 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •To address comments by the Region and findings in the Noise Study, prior to the passage of the amending by- law, it is recommended the applicant and City enter into a development agreement to require clauses warning tenants and future owners about noise impacts from the adjacent industry and to secure window construction that will mitigate expected noise. Zoning By-Law Page 147 of 431 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •The proposed development conforms to Provincial policies as it intensifies the use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents; •The proposed development conforms with the City’s Official Plan with respect to the density and built form anticipated within the Built-up Area; and, •The requested R3 zone permits triplexes and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties.Page 148 of 431 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Mixed (R3) zone to permit the conversion of the existing detached dwelling to a triplex, subject to the regulations outlined in this report. •Prior to passage of the amending by-law, the owner and City enter into a development agreement to secure clauses on title warning of the adjacent industries operations and window construction as recommended in the Noise Study submitted by the applicant.Page 149 of 431 Prepared by NPG Planning SolutionsPage 150 of 431 • Public Meeting –August 10, 2021Page 151 of 431 • •Page 152 of 431 • • • • • • • • Public Meeting –August 10, 2021Page 153 of 431 • • • • Public Meeting –August 10, 2021Page 154 of 431 Public Meeting –August 10, 2021 • Page 155 of 431 From:Sherry Lemon - J Sent:Thursday,June 17,2021 9:51 AM To:Julie Hannah Subject:[EXTERNAL]-Applicationnumber AM—2021-011 Follow Up Flag:Follow up Flag Status:Flagged Hello Julie: My name is Sherry and i live next door to this property,however I am not the owner.I do have a couple of concerns about this application. I was wondering ifl could request a privacy fence to be put in around the property,but especially in the back where it is being requested as additional parking. And my second concern is there is water runoff coming off the structure every time it rains and creates stagnant water on the side of this property,I was wondering if I could request for that to be fixed. Thank—youkindly Sherry 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 156 of 431 From:BGA111 Sent:July 22,2021 9:49 AM To:Alex Herlovitch Subject:[EXTERNAL]—CityFile #2021—011/5563 Slater Ave Dear Mr.Herlovitch, I thank you for the option to comment on the subject property.I only wish,we the residents,were given the same opportunity when the McDonalds was approved on Stanley Ave.The McDonalds has ruined the neighborhood and accelerated the demise of our Little Italy.I have lived here since 1954. First,Ihave no problem with the Slater St development.I cuirently face this property from Desson Ave.It's either looking at the Nabisco wall or this place.I would like to see landscaping in the back yard to shield Mr Vescio from the proposed rear parking lot.A row of cedar trees should do it. New for the McDonalds,it brought: 1)Homeless or undesirable people begging and stealing.Everyone I know on this street has had break ins or drug addicts shooting up on their property. 2)Public defecation and urination from their customers.McDonalds closed the washroom March 2020.The Gas station doesn't have a restroom.How is that even allowed? 3)Garbage everywhere and the rise of a healthy skunk population. 4)Unsafe traffic as the customers congest the Kitchener/Stanley intersection,speed and run stop signs. 5)Noise and lots ofit. I realize it's too late to remedy most of these items BUT!The traffic issue can be remedied and should be before someone gets killed. The Kitchene1‘/Stanley intersection from McDonalds can be made a right turn only.Place a median barrier preventing left turns from both Stanley St South and North.This will make a huge improvement.Or close the intersection completely. Regards, Bruno Ariganello ......,—y‘ CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize thesenderandknowthecontentissafe.Page 157 of 431 F-2021-43 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-43 2021 Property tax penalty and interest rate RECOMMENDATION That Council approve the return of the property tax penalty and interest rate from 0.5% to 1.25% per month, effective October 1, 2021. EXECUTIVE SUMMARY The penalty and interest (P&I) rate applied to overdue property tax accounts is an important financial mechanism and should be set at a level that discourages late payment of property taxes. Council approved the creation of the Special COVID-19 Preauthorized Property Tax Payment Plan for those taxpayers experiencing financial hardship because of COVID-19. The provincial economy is now in Step 3 of the Provincial government’s three-step plan to reopen the province. Staff is recommending that property taxpayers with tax arrears who are not enrolled in the COVID-19 program be subject to 1.25% per month, effective October 1, 2021. BACKGROUND At the April 20, 2021, Council meeting, Council directed staff to provide an update on the budget status of property tax penalty and interest revenue prior to September 2021, which coincides with the Canada Emergency Response Benefit extension to September 25, 2021. ANALYSIS/RATIONALE For reasons set out below and presented in report F-2021-26, staff support reinstating the property tax penalty and interest rate to 1.25% per month for the last quarter of 2021. Step 3 of the Ontario government’s plan to reopen the economy as of July 16, 2021, allows for both the expansion of indoor and outdoor business activities. Compared to the first half of 2020, the 2021 monthly rate of collection of noncurrent taxes has increased, suggesting taxpayers have a greater propensity to pay their property taxes in 2021 as compared to 2020. Collections from January to June 2021 have been threefold as compared to the same period last year, $11.1M vs $3.5M. Page 158 of 431 2 F-2021-43 August 10, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS As at the beginning of July 2021, an unfavourable year-to-date budget variance of approximately $171,000 or -19.4% exists. It is estimated that keeping the rate of interest at 0.5% for the balance of 2021 will result in a year end unfavourable budget variance of approximately $213,000. The penalty and interest rate should be reinstated to 1.25% per month for the fourth quarter of 2021 to avoid an unfavourable budget variance. 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-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. Report F-2021-26 Recommended by: Jon Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 159 of 431 F-2021-26 April 20, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-26 2021 Property Tax Penalty and Interest Rate RECOMMENDATION 1. That Council approve the return of the property tax penalty and interest rate from 0.5% to 1.25% per month, effective July 1, 2021. 2. If council do not approve recommendation 1, wishing to continue at 0.5% lower rate, council approve a 2021 budget amendment to increase the property tax levy by $250,000 to cover decreased penalty and interest revenue. 3. That, at a future date, Staff submit a report to Council outlining a comprehensive reserve policy that consolidates reserve balances and aligns a reserve funding strategy with the long-term goals and objectives of the City. EXECUTIVE SUMMARY The penalty and interest (P&I) rate applied to overdue property tax accounts is an important financial mechanism and should be set at a level that discourages late payment of property taxes. Council approved the creation of the Special COVID-19 Preauthorized Property Tax Payment Plan for those taxpayers experiencing financial hardship. Staff is recommending that property taxpayers with tax arrears who are not enrolled in this program be subject to 1.25% per month. P&I charged on overdue property tax accounts is considered revenue and must be included in the annual operating budget. Whether this revenue is used to fund current operations or future operations by transfer to reserve, P&I charges will remain a reliable revenue source to the City. BACKGROUND At the March 2, 2021 Council meeting, Council directed staff to investigate the impact of extending the property tax P&I rate at 0.5% for the balance of the 2021 fiscal period. Page 160 of 431 2 F-2021-26 April 20, 2021 Concerns were raised with respect to the fairness of charging 1.25% per month on overdue property tax receivables and whether P&I ought to be included in the annual operating budget as revenue. Rather, a budget where P&I cash collections can flow directly to reserve, reducing dependency on this funding source. ANALYSIS/RATIONALE Since the onset of the COVID-19 pandemic in March 2020, the City has provided financial relief to property taxpayers through P&I rate reductions and the implementation of a relief payment program. From April 1, 2020 to August 31, 2020 current P&I rates were decreased to 0%. In October 2020, Council approved a decrease in P&I rates by 60%, from 1.25% to 0.5%. This lower rate of interest will continue until June 30, 2021 for all taxpayers. On December 8, 2020 Council approved the Special COVID-19 Pre- Authorized Property Tax Payment Plan, allowing eligible taxpayers to pay their outstanding 2020 and 2021 property taxes at 0%, over a 12-month period. For those property taxpayers not enrolled in the Special COVID-19 Pre-Authorized Property Tax Payment Plan, staff is recommending that P&I on overdue tax receivable balances be set at 1.25% per month beginning July 1, 2021. Staff is recommending this course of action to discourage late payment, promote fairness amongst property taxpayers and meet targets outlined in the 2021 budget. The Municipal Act indicates 1.25% per month is the maximum rate of interest a municipality can charge on property tax arrears. Currently, all other Niagara municipalities are charging 1.25% per month on tax arrears which are not enrolled in special COVID programs. This trend is also prevalent amongst Ontario municipalities. Municipalities are not financial institutions and set non-competitive lending rates as to minimize short term receivables. Property taxpayers have the option to engage the services and competitive lending rates of financial institutions to pay their obligations to the City. Late payments adversely affect operating cash flow. Four property tax installment due dates are set throughout the year to generate adequate operating cash flow. Operating cash flow is to support the current operating budget and remittances to the Region and four school boards. Financing current liabilities through non operating cash sources reduce reserve balances earmarked for future financing activity. Eventually, these balances will require replenishment through future annual tax levy increases which are spread amongst all taxpayers. Maintaining low rates of interest penalizes those taxpayers who pay on time as they end up subsidizing those who do not. The 2021 budget amount of $1,700,000 represents a $300,000 or 15% decrease from prior year budget. This budget decrease accounts for the rate reduction carried over to 2021. In 2021, all taxpayers must bear the burden to make up the $300,000 difference. Furthermore, an unfavourable budget variance for P&I revenue in the current year, will be spread amongst all taxpayers to make up the shortfall. Page 161 of 431 3 F-2021-26 April 20, 2021 Lastly, taxpayers who honour payment due dates have given up their financial resources at an earlier date than those who do not. Consequently, those who are compliant with City payment terms face a greater opportunity cost then those who are not compliant. P&I charged on property tax arrears meets the definition of revenue and cannot be removed from the budgeting process. The Municipal Act indicates that as part of the annual operating budget, the budget shall provide that the estimated revenue is equal to the estimated expenditures. To remove P&I revenue from the budgeting process, a reasonable estimate would need to equal zero. This scenario would require City policy to set P&I rate to 0% or abolish the concept of payment due dates. For the reasons provided earlier, staff do not advocate this scenario. Attachment 1 is a simplified, hypothetical example, demonstrating the tax levy impact, for the first and second years, of developing a reserve policy where P&I revenue is automatically transferred to a reserve. In the year of implementation, the tax levy dollar increase would equal the amount budgeted for P&I as P&I funding has shifted from all other municipal expenditures to a contribution to reserve. In the subsequent year, the P&I funding the reserve has been built into the budget base and thus, the tax levy increases by the net amount of all expenses. P&I revenue is now relied upon to fund a specific reserve rather than general operating expenses. The City currently does not have a comprehensive reserve policy. A comprehensive reserve policy is one component of a larger long term financial strategy that is developed in conjunction with a City masterplan and asset management plan. A reserve policy specifies the purpose, funding sources and target levels of each reserve. A comprehensive reserve policy report would be large in scope, involving many factors and could be provided to Council at a future date. FINANCIAL/STAFFING/LEGAL IMPLICATIONS At the time of drafting this report, an unfavourable variance of approximately $180,000 or (31.6%) exists. Comparing 2020 and 2021 receivable trends, it is estimated that keeping the rate of interest at 0.5% for the balance of 2021 will result in an unfavourable budget variance of approximately $250,000 or 0.34% would be required to cover the revenue shortfall. 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-term choices that allow core City programs and services to be sustainable now and into the future. Page 162 of 431 4 F-2021-26 April 20, 2021 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. For demonstration purposes - A hypothetical example of changing the budget funding structure to have P&I revenue fund a reserve as oppose to general operations. Recommended by: Jon Leavens, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 163 of 431 F-2021-44 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-44 Debt Funding of Capital Projects RECOMMENDATION 1. That Council authorize debt financing of $8,570,365 for Fire Station 7, with the annual debt payments funded by the Fire Services Development Charges Reserve. 2. That Council authorize debt financing as the source of funding for the 2022 capital budget pre-approval of $576,395, relating to the Municipal Works Service Centre Renovations. EXECUTIVE SUMMARY To date, $8,570,365 has been approved for Fire Station 7 from Development Charges. In order to spread the expenditures over the useful life of the fir e station and maintain adequate Development Charges Reserve balances, staff is recommending debt funding for a portion of the Fire Station 7 budget, with debt servicing costs to be paid by the Fire Services Development Charges Reserve. To date, $5,547,395 has been approved for the Municipal Works Service Centre Renovations. Staff is recommending that debt funding be approved as the funding source for the 2022 capital budget pre-approval of $576,395. This will allow for staff to include the entire Service Centre budget in a fall 2021 debt application. BACKGROUND In 2013 and 2014 Council approved budgets totalling $1,322,000 funded by Development Charges (DCs) to start acquiring land and preparing for the construction of Fire Station 7. Per Attachment 3, in October 2019, council approved a construction budget totalling $7,248,365 for Fire Station 7 funded by DCs. In total $8,570,365 in Development Charges funding has been approved for Fire Station 7. Staff is recommending using debt to fu nd up to $8,570,365, with the debt servicing costs to be paid by the Fire Services Development Charges Reserve, to avoid impacts to the tax levy. Page 164 of 431 2 F-2021-44 August 10, 2021 On April 20, 2021 Council amended the budget for the Municipal Works Service Centre Renovations at 3200 Stanley Avenue increasing it by $576,395, per Attachment 1. The previous budget allocation of $4,971,000 has already been approved for debt funding via the 2021 Capital Budget. In order to prepare for a fall 2021 debt application, Staff is recommending that Council approve the source of funding for the additional $576,395 as debt so the total project budget of $5,547,395 can be entirely funded by debt. ANALYSIS/RATIONALE Debt is a useful tool for the City to leverage for large capital investments, allowi ng payments to be spread over the useful life of new assets. Current interest rates are very competitive at the moment making this a cost effective decision for large capital investments while alleviating adverse pressures on other funding sources like Reserves. Per Attachment 2, the 2019 DC background study indicates that up to $4,372,110 of the total Station 7 budget is to be collected beyond the current study period of 2019 to 2028. Debt funding allows the cost to be spread over the life of the asset and ensures that the debt servicing costs align with estimated future Fire Services DC collections. This will ensure that adverse pressure is not placed on the Fire Services DC reserve . Per Attachment 1, the revised total budget approval for the Municipal Works Service Centre Renovations is now $5,547,395. By debt financing these expenditures they will be able to be spread over a longer period of time, to avoid creating a large one -time pressure on the tax levy. It’s a good opportunity for the City to leverage competitive borrowing rates to smooth out cash requirements over the life of the improvements. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City’s Annual Repayment Limit (ARL) is defined as the maximum amount that a municipality in Ontario can pay each year in principal and interest payments for its long - term debt and other long-term financial commitments. The ARL is set at 25% of annual own-source revenues (property taxes, user fees and investment income), less annual existing long-term debt service costs and payments for other long-term financial obligations. Attachment 4 outlines the City’s ARL, using the 2019 ARL provided by the Ministry of Municipal Affairs and Housing to calculate own source revenues. Staff has updated the total debt obligations to reflect total approved debt. An adjusted ARL is also included which further models the impact of the two additional debt obligations this report is seeking approval for. Figure 1 below illustrates the current debt picture (existing and approved debt) alongside the total debt (including proposed new debt), against the Annual Repayment Limit. Page 165 of 431 3 F-2021-44 August 10, 2021 The addition of $9,146,760 in debt principal translates into annual debt servicing costs of approximately $596,624. When considering total approved debt, the net impact to the ARL is 0.30% increasing the total debt levels to 4.01% of own source revenues. Figure 1: Impact of New Debt Approval to Annual Repayment Limit LIST OF ATTACHMENTS 1. PBD-2021-19 Municipal Works Service Centre Renovations 3200 Stanley Avenue 2. 2019 DC Background Study (Fire Services) 3. FS-2019-04 Construction of Fire Department Station 7 4. Annual Repayment Limit Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer J. Dowling/J. Leavens Page 166 of 431 1 PBD-2021-19 April 20, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Building Services SUBJECT: PBD-2021-19 Municipal Works Service Centre Renovations 3200 Stanley Avenue RECOMMENDATION 1. That Council award the tender for Project RFT12-2021, Municipal Service Centre Renovation, to Bromac Construction Inc. in the amount of $2,799,000.00 plus non- refundable HST; 2. That Council authorizes Staff to engage ARC Engineering Inc. in the amount of $175,000.00 plus non-refundable HST for Contract Administration for the duration of the Municipal Service Centre Renovation project; 3. That Council amends the previously approved Capital budget of $4,971,000, and approve the new proposed Capital Budget of $5,547,395 for the additional costs. 4. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Municipal Works Service Centre building was built in the mid 60’s with a renovation completed in 1990. Since the renovation improvements to the main building have been minimal. The Municipal Works Service Centre provides offices, stores, a mechanic shop, forestry shops, a welding shop, and a carpentry shop. Last year an emergency site remediation took place due to underground leaking fuel tanks as described in report MW - 2020-08 (see attachment #1). This resulted in the relocation of City staff to the other municipal facilities such as: Gale Centre (primarily), Transit Building, and other temporary locations. This provided an opportunity to assess the immediate condition of main building and determine the extent of interior improvements required to meet current codes and regulations. Staff engaged ARC Engineering Inc. to evaluate the mechanical and electrical systems, and identify any fire and building code concerns. In addition, OESN was engaged to evaluate the air quality within the building. ARC Engineering identified that significant upgrades will be required to make the Municipal Work Service Centre a safer work place and extend the life of the building. Attachment 1 - Debt Funding of Capital Projects - PBD-2021-19 - Municipal Service Centre Renovation F-2021-44 August 10, 2021 Page 167 of 431 2 PBD-2021-19 April 20, 2021 Council approved a total 2021 Capital budget of $4,971,000.00 for site remediation and interior building improvements. Following the approval ARC Engineering Inc. engaged to prepare the assessment, design and tender document for the renovation. Publication for Tenders were issued on March 17, 2021 and closed on April 14, 2021. Ten (10) bids were submitted with Bromac Construction Inc. being the low bid in the amount of $2,799,000.00, with HST not included. The lowest bid was compliant therefore, staff’s recommendation is for the City of Niagara Falls to enter into a contract with Bromac Construction Inc. to commence the construction renovation work early May. BACKGROUND In February of 2020 City staff observed that the underground fuel tanks at the Municipal Service Centre experienced significant leakage after a noticeable decrease in gasoline levels. Upon discovery, City staff immediately contacted the Ministry of Environment, Conservation and Parks, to assist in remedial action. In addition, the building was shut down relocating all staff to other municipal facilities until such time the building is safe. Due to the building being partially vacant until the tank remediation was completed this provided an opportunity to evaluate the existing conditions of the entire facility and incorporate improvements to make this building a safer work environment, evaluate the efficiency of the work space, and extend the life of the facility for years to come. The construction improvements to meet these objectives would require to building be designed in accordance with current building code, fire code, electrical code, and air quality in accordance with American Society of Heating, Refrigerating and Air- Conditioning Engineers standard. This would require the efforts of a number of departments such as Municipal Works, Building Services, Fire Services, as well as the Health and Safety Committee to discuss the required improvements. In addition, a number of consultants were engaged to assist in the evaluation and design of these systems. The improvements recommended by consultants include: Stand-by Generator to provide emergency power to entire site. Hydro Service Upgrade (existing service is undersized for site). Electrical upgrades including lighting, interior services & panel upgrades to meet Electrical Code. New heating and ventilation system to provide an improved air quality and balanced air pressure. Building Automation System. Structural Components to support Mechanical Upgrades (Mezzanine Construction for HVAC Equipment, Roof Equipment Platform, Mechanical Penthouse Construction to house HVAC Equipment, Footing and Foundation Construction). Exterior enclosure repairs to building envelope. Partition and door improvements to improve exterior envelope and security. New door way and egress requirements. Sealing of the floor. Cabinets to safely contain flammable liquids. Attachment 1 - Debt Funding of Capital Projects - PBD-2021-19 - Municipal Service Centre Renovation F-2021-44 August 10, 2021 Page 168 of 431 3 PBD-2021-19 April 20, 2021 NPEI Connection Charge. Waste Oil Management System. Structural Improvements. Storage Racking for Stores Division. Improvements to Mechanic’s Pit for Health and Safety. Mechanic’s Area & Stores Area Floor Coating. Access Control Devices for Mechanic’s Area and Stores Area and Environmental Services Area. ANALYSIS/RATIONALE The City of Niagara Falls retained ARC Engineering Inc. to prepare the bidding documents, drawings and specifications used to call tenders for the construction renovation of the Service Centre main building that closed on April 14, 2021. All qualifications, extensions and the total for each tender have been verified and no errors were found. The lowest bid at tender opening has been found to be compliant. All bidders were required to submit a copy of all signed addendums and supporting documentations. As a result, staff and our consultant recommend the award of the tender to Bromac Construction Inc. in the amount of $2,799,000.00, HST not included. Tenders were submitted by the following companies: Name Tender Price (excluding HST) Bromac Construction Inc. $2,799,000.00 NIACON Ltd. $2,944,381.61 T.R. Hinan Contractors Inc. $2,979,000.00 Merit Contractors Niagara Ltd. $3,009,000.00 BDA Inc. $3,215,000.00 TRP Construction General Contractors $3,233,000.00 MJ Dixon Construction Ltd. $3,433,000.00 Renokrew $3,465,568.88 Atlas Constructors Inc. $3,475,000.00 Devlan Construction Ltd. $4,300,000.00 Work is expected to begin early May with a substantial completion by early September. During this period, most staff working from the Municipal Service Centre will be required to be relocated to other facilities including the Gale Centre (primarily), Transit Building, and other temporary locations. Municipal Works has been developing a relocation plan in order to leave the main building vacant to allow the Contractor the space required to complete the renovations in a timely manner. Attachment 1 - Debt Funding of Capital Projects - PBD-2021-19 - Municipal Service Centre Renovation F-2021-44 August 10, 2021 Page 169 of 431 4 PBD-2021-19 April 20, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The approved Capital Budget in 2021 for the site remediation and main service building repair totalled $4,971,000.00. This figure includes the $2,125,000.00 amount pre- authorized from report MW -2002-08 and the 2021 approved budget for $2,846,000.00. Due to site remediation costs, consulting fees, and other unforeseen site improvements concerns, the remaining balance for the main building repairs is $2,677,505.00. Contract administration and a ten percent (10%) construction contingency have been included as part of the total project costs. These additional costs results in a $576,395 increase to the capital project of $5,547,395. Total Project costs for the main building renovation will include: Resource Cost, excluding HST 1. Base Bid Tender (Bromac Construction Inc.) $2,799,000.00 2. Consultant Cost Contract Administration (ARC Engineering Inc.) $175,000.00 3. Construction Contingency (10% of base bid) $279,900.00 Total Project Cost $3,253,900.00 This project is funded from debentures. The life cycle of the building is approximately 25- 30 years with the loan period of the debenture term to be determined. ATTACHMENTS: 1. MW -2020-08 – Municipal Service Centre Site Remediation and Building Repairs - April 21, 2020. 2. 2021 Capital Budget Sheet approved through MW -2020-08. 3. 2021 Capital Budget Sheet. Recommended by: Sam Valeo, Director of Building and Municipal Enforcement / Chief Building Official Respectfully submitted: Ken Todd, Chief Administrative Officer Attachment 1 - Debt Funding of Capital Projects - PBD-2021-19 - Municipal Service Centre Renovation F-2021-44 August 10, 2021 Page 170 of 431 Gross Grants/NetTotalProject DescriptionTiming Project Subsidies/OtherMunicipal BTE Replacement 0% DC Eligible Available 2019-PostCost Recoveries Cost (%) & BTE Shares Reduction Costs DC Reserves 202820282.0 FIRE PROTECTION2.1 Buildings, Land & Furnishings2.1.1 Construction of New Station 72019 7,475,000$ -$ 7,475,000$ 0% -$ -$ 7,475,000$ 1,142,282$ 3,117,229$ 3,215,490$ Subtotal Buildings, Land & Furnishings 7,475,000$ -$ 7,475,000$ -$ -$ 7,475,000$ 1,142,282$ 3,117,229$ 3,215,490$ 2.2 Vehicles2.2.1 Truck for Station 7 2020 650,000$ -$ 650,000$ 0% -$ -$ 650,000$ -$ -$ 650,000$ Subtotal Vehicles650,000$ -$ 650,000$ -$ -$ 650,000$ -$ -$ 650,000$ 2.3 Equipment & Other2.3.1 Communication Equipment 2020 300,000$ -$ 300,000$ 0% -$ -$ 300,000$ -$ -$ 300,000$ 2.3.2 Station 7 Equipment2020 100,000$ -$ 100,000$ 0%-$ -$ 100,000$ -$ -$ 100,000$ 2.3.3 Outfitting of Firefighters (Station 7)202035,540$ -$ 35,540$ 0%-$ -$ 35,540$ -$ -$ 35,540$ 2.3.4 Outfitting of Firefighters (Station 7)202135,540$ -$ 35,540$ 0%-$ -$ 35,540$ -$ -$ 35,540$ 2.3.5 Outfitting of Firefighters (Station 7)202235,540$ -$ 35,540$ 0% -$ -$ 35,540$ -$ -$ 35,540$ Subtotal Vehicles506,620$ -$ 506,620$ -$ -$ 506,620$ -$ -$ 506,620$ TOTAL FIRE PROTECTION8,631,620$ -$ 8,631,620$ -$ -$ 8,631,620$ 1,142,282$ 3,117,229$ 4,372,110$ Residential Development Charge CalculationResidential Share of 2019 - 2028 DC Eligible Costs 76% $2,360,6422019 - 2028 Net Funding Envelope $3,117,22910-Year Growth in Population in New Units 17,479 Unadjusted Development Charge Per Capita$135.06Uncommitted Reserve Fund Balance Balance as at December 31, 2018 $1,142,282Non-Residential Development Charge CalculationNon-Residential Share of 2019 - 2028 DC Eligible Costs 24% $756,58710-Year Growth in Square Metres383,530 Unadjusted Development Charge Per Square Metre$1.97TABLE 2APPENDIX B.2CITY OF NIAGARA FALLSDC Eligible CostsDEVELOPMENT-RELATED CAPITAL PROGRAM FIRE PROTECTIONIneligible CostsHEMSON80Attachment 2 - Debt Funding of Capital Projects - 2019 DC Background Study (Fire Servies) F-2021-44August 10, 2021Page 171 of 431 FS-2019-04 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2019-04 Construction of Fire Department Station 7 RECOMMENDATION 1. That Council award the contract for the construction of Fire Station 7 to Bromac Construction Inc. in accordance with RFT- 35 -2019. 2. That the Mayor and City Clerk be authorized to execute the agreement between the City and Bromac Construction Inc. EXECUTIVE SUMMARY City staff issued Request for Tender #2019-35 for the construction of Niagara Falls Fire Department Station 7. Ten (10) bids were received in response to the tender. Bromac Construction Inc. was selected based on a bid of $4,880,000 (excluding contingency and HST) and their experience in completing other major construction projects for Niagara Falls, Grimsby & Niagara on the Lake, including four (4) fire Stations. The total cost of the project is $7,248,365. It is staff’s recommendation that borrowing against our development charge reserves be utilized for the project. The required borrowing will not be made until project completion. The required borrowing is within Council’s approved debt management strategy. If approved, Bromac Construction Inc. would mobilize immediately. The estimated construction schedule is 17 months and completion is expected by May 2021. The recommended new Station 7 will require the purchase of a full -sized Class A pumper/rescue for effective first response at an estimated expense of $1,150,000. BACKGROUND The need for a new fire station in the Kalar and Lundy’s Lane area is well documented in earlier consultant’s reports including the Master Fire Plan 2010, Station Location Study 2012, and the Staffing Study in 2019, all of which concluded that the current land is in the correct location and the opening of the new station and placement of a fully staffed fire apparatus is required within the next two (2) years. Attachment 3 - Debt Funding of Capital Projects - FS-2019-04 Construction of Fire Department Station 7 F-2021-44 August 10, 2021 Page 172 of 431 2 FS-2019-04 October 22, 2019 At the direction of Council on April 30 2019, staff re -engaged Whiteline Architects who had been working on the design of the fire station between 2015 and 2017, before it was deferred in order to engage a consultant on the staffing issues. Next, City staff went out for a Pre-qualification RFP. This was designed and opened to any General Contractor to submit their expression of interest to build the new fire station. Once these applications were received, they were reviewed by a team of staff members consisting of the Deputy Fire Chief, Facilities Project Manager and the architect, who evaluated the applications and recommended that 10 out of 13 General Contractor bids be allowed to move on in the process to submit a final tender bid. The contractor with the lowest tender price who fulfilled all of our specifications would then be recommended for selection. ANALYSIS/RATIONALE The following is a summary of the tendered prices (excluding HST) received from the General Contractor submissions. Name City Tender Price Aquicon Brampton No Bid Bromac Construction Inc Fonthill $4,880,000 Brower Construction St. Catharines $6,141,940 Garritano Brothers Oshawa $6,250,910 Jasper Construction Concord $6,354,000 JR Certus Construction Co. LTD Vaughan $6,884,000 M.J. Dixon Construction Ltd. Mississauga $6,053,000 Manocore Group Inc. Beamsville $5,598,700 Matheson Constructors Aurora No Bid Merit Contractors Niagara Ltd St. Catharines $5,630,000 Percon Construction Inc Toronto No Bid Steelcore Construction Ltd. Scarborough $7,438,000 Tambro Construction Guelph $6,697,000 The lowest tender was received from Bromac Construction Inc. in the amount of $4,880,000. After confirming WSIB requirements, we are of the opinion that this contractor is capable of successfully undertaking the project. Bromac Construction Inc. has successfully completed many projects of this scale within the Niagara Region; they are capable of undertaking and completing this project. Construction is proposed to begin in November 2019 and completion is expected by May 1, 2021. Attachment 3 - Debt Funding of Capital Projects - FS-2019-04 Construction of Fire Department Station 7 F-2021-44 August 10, 2021 Page 173 of 431 3 FS-2019-04 October 22, 2019 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The summary of project costs is as follows: Project costs Building construction $4,880,000 Fixtures, Furniture & Equipment $ 200,000 Security & AV $ 350,000 Sub Total $5,430,000 Contingency (10%) $ 543,000 Pumper/ Rescue & Equipment $1,150,000 Sub Total $7,123,000 Add: Non-rebatable HST (1.76%) $ 125,365 Total $7,248,365 In addition to the capital cost associated with this project, the following is the estimated annual operating cost of the station: Total staffing cost as of 2023 $1,138,357 (complement of 12) Utilities: Hydro $ 50,000 (estimates) Gas $ 6,000 Water $ 6,000 Cable/Telephone $ 2,000 Insurance $ 1,000 Maintenance/Contracts $ 10,000 Estimated annual operating costs: $1,213,357 The cost of the build, $7,248,365, which includes the items noted above, is 100 percent eligible for development charge funding as outlined in the 2019 Development Charge Study, as the scope is a brand new facility and fire apparatus does not replace any existing asset. As of December 31, 2018, the Fire Department development charge balance is $2,941,193. Our financial policy allows for us to interim borrow from our reserve accounts (Fire Services) creating a negative position and recover through future development charges. Due to the significance of the capital expenditure, this may take several development charge cycles. Attachment 3 - Debt Funding of Capital Projects - FS-2019-04 Construction of Fire Department Station 7 F-2021-44 August 10, 2021 Page 174 of 431 4 FS-2019-04 October 22, 2019 CITY’S STRATEGIC COMMITMENT The recommendation is providing for the continued safety of the community through consistent, quality service while limiting the City's exposure to risk. LIST OF ATTACHMENTS 1. Station 7 Conceptual Drawing Recommended by: Jim Boutilier, Fire Chief Respectfully submitted: Ken Todd, Chief Administrative Officer J.Boutilier:tc Attachment 3 - Debt Funding of Capital Projects - FS-2019-04 Construction of Fire Department Station 7 F-2021-44 August 10, 2021 Page 175 of 431 Attachment 4 - Debt Funding of Capital Projects - Annual Repayment Limit F-2021-44 August 10, 2021 Total Revenues 211,166,314 Less: Excluded Revenues (Grants & Deferred)(14,886,982) Net Revenues*196,279,332 25% of Net Revenues 49,069,833 Less: Current Annual Debt Charges (5,974,215) Less: Approved Debt Not Yet Issued (1,308,278) Estimated Annual Repayment Limit 41,787,340 Total Revenues 211,166,314 Less: Excluded Revenues (Grants & Deferred)(14,886,982) Net Revenues*196,279,332 25% of Net Revenues 49,069,833 Less: Current Annual Debt Charges (5,974,215) Less: Approved Debt Not Yet Issued (1,308,278) Less: Proposed Debt Charges (596,624) Estimated Adjusted Annual Repayment Limit 41,190,716 *Provided By Ministry of Municipal Affairs and Housing City of Niagara Falls 2019 Annual Repayment Limit 2019 Adjusted Annual Repayment Limit *Provided By Ministry of Municipal Affairs and Housing City of Niagara Falls - 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 Current Debt Proposed New Debt Annual Repayment Limit Current Debt Charges Approved Debt Not Issued Proposed Debt Charges Total Annual Repayment Limit ARL ($49.07M = 25% of Own Source Revenue) $7.28M 3.71% $7.88M 4.01%Page 176 of 431 F-2021-45 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-45 Capital Project Closing Report as at June 30, 2021 RECOMMENDATION 1. That Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1 2. That Attachment 2, which outlines projects that do not require transfers to/from reserves/reserve funds, be received for the information of Council. 3. That Council approve the closure of the projects listed in Attachment 1 and Attachment 2 and release any associated funding commitments . EXECUTIVE SUMMARY Attachment 1 contains a summary of 100 capital projects that are either over or underfunded. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from. The net impact of the recommended transfers is a $3,938,356 contribution to reserves or reserve funds. Attachment 2 contains a summary of 38 capital projects that are fully funded. These projects have been included so Council can approve their closure and allow staff to release any funding commitments associated with these projects. BACKGROUND This report is being prepared to provide Council with an update on the status of capital projects. The projects outlined in this report have been grouped into two categories: Projects with surpluses or deficits that require a funding decision (Attachment 1) and projects that are fully funded and ready for closure (Attachment 2). Past practice of capital accounting staff has been to wait to apply the funding to a project until expenses have begun and to only transfer funding as needed each year (i.e. to match the amount of expenditures per year). This ca n become problematic for reconciliation of reserves and reserve funds as Staff must manually maintain a column indicating the Page 177 of 431 2 F-2021-45 August 10, 2021 approved committed amounts so as not to recommit the same funding. Effective in 2019, Staff has been directed to transfer funding to a project at the time it is approved. Past practice has also been to transfer excess or deficit amounts to/from reserves/reserve funds based on the discretion and direction of the Treasurer. This approach is an acceptable practice however, moving forward, in the interest of transparency, Staff wish to present Council with a closed capital report at least once a year. The projects outlined in Attachment 1 require a funding decision. Staff has recommended which reserve or reserve fund the project surplus/deficit should be transferred to/funded from. The projects outlined in Attachment 2 do not require a funding decision and have been provided simply for the information of Council. While these projects do not have a surplus/deficit, there could be committed funds associated with these projects that can be released and used for other purposes. ANALYSIS/RATIONALE Staff wishes to highlight some of the larger transfers in Attachment 1: 1. P102 – Ker Park Land Acquisition $112,621 overage to be funded from CSPR24 – Surplus Land Sales Land acquisition and associated closing-related costs came in slightly over budget due to fluctuations in market pricing at the time of acquisition. 2. STMS35 – Riverview Park Storage - Chippawa Flood Relief $535,569 surplus transferred to CSPR 87 - General - Storm - Unallocated Built to design standards and not a result of any modifications to design. Competitive tender pricing resulted in actual costs coming in under the conservative budget estimates. 3. STMS48 $170,000 surplus transferred to CSPR 87 – General – Storm – Unallocated $100,000 was committed in 2014 for the Orchard Grove SWM EA Study, and this work was subsequently cancelled several years later. In 2016 $70,000 was requested for the Orchard Grove SWM Pond Study and these funds were not required and cancelled. Funds will be reserved in the General – Storm – Unallocated reserve until required. During a recent storm event in 2021, there was some flooding in this area and staff will be requesting funding in the 2022 capital budget to perform an investigation of the condition and operation of the storm water ponds in the area. This investigative work will ensure that the optimal corrective actions are proposed. Page 178 of 431 3 F-2021-45 August 10, 2021 4. SS56 – Huron from Fourth To Sixth - Sewer Sep/Watermain/Road $336,848 surplus transferred to CSPR 71 - Sewer – Unallocated $221,432 surplus transferred to CSPR 73 - Water – Unallocated Originally staff submitted a budget request for two sections of sewer separation, this section and a downstream section further east. Unfortunately the downstream project further east has not been funded to date, so this project has been deferred as those works need to be completed first. Staff will re-request funding after downstream project funding is approved. 5. SS67 – Harvard Ave Sanitary Sewer Replacement $647,484 surplus transferred to CSPR 71 - Sewer – Unallocated Emergency work approved with tight timelines to address problematic area Initial estimates were conservative as the soil conditions in the area were poor (sandy and wet) which was not a solid foundation for the sewer. Once underway, the scope of work was slightly less than staff anticipated, and the issues were able to be addressed under budget. 6. RF44 – Coronation Centre Elevator Repair $100,557 surplus transferred to CSPR 26 - Large Facilities - Capital Maintenance Initially funds were requested for a full elevator replacement but upon further investigation, once the project was underway, it was determined that sufficient repairs could be made to the elevators avoiding a costly replacement. 7. BC9 – Mewburn Road Bridge $364,802 surplus transferred to CSPR 50 – Bridges and Guardrails Large scale project, was able to come in under budget without extensive use of contingency, due to competitive tender pricing. 8. R73 – Buchanan/Desson/Slater Reconstruction & Sewer Separation $225,222 surplus transferred to CSPR 3 – General – Roads – Unallocated Another large scale project, which was able to come in under budget without extensive use of contingency, due to competitive tender pricing. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Attachment 1 contains a summary of 100 capital projects that are either over or underfunded. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from. Page 179 of 431 4 F-2021-45 August 10, 2021 There are 70 projects with surplus funding contributing a total of $4,771,658 to reserves and reserve funds. There are 30 projects that require additional funding to facilitate closure requiring $833,302 in funding from reserves and reserve funds. The net impact of the recommended transfers is a $3,938,356 contribution to reserves or reserve funds. Attachment 2 contains a summary of 38 capital projects that are fully funded. These projects have been included for the information of Council to facilitate their closure and allow staff to release any funding commitments associated with these projects. By completing this closing report prior to the 2022 Capital Budget, it allows staff to more accurately assess the health of reserve and reserve funds. This allows staff to determine the optimal amounts to make available for allocation during the 2022 capital budget. LIST OF ATTACHMENTS 1. Capital Projects With Funding Implications 2. Capital Projects Without Funding Implications Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer J. Dowling/J. Leavens Page 180 of 431 Attachment 1 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects With Funding Implications F-2021-45 August 10, 2021 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund Bridges BC6 Willodell Rd Bridge Rehab 2009 2013 56,925 38,598 58,287 19,689 CSPR 46 - (General) Willodell Road Bridge BC9 Mewburn Road Bridge 2009 2020 5,401,824 4,333,791 4,698,593 364,802 CSPR 50 - Bridges & Guardrails BC17 Multi Rural Culvert Design 2017 2019 650,000 437,957 416,165 (21,792) CSPR 50 - Bridges & Guardrails 6,108,749 4,810,346 5,173,045 362,699 Building BP11 City Hall HVAC 2012 2017 1,655,160 1,636,990 1,638,790 1,800 CSPR 26 - Large Facilities - Capital Maint. BP30 Chippawa Town Hall Windows & Doors 2017 2018 70,000 59,615 70,000 10,385 OLG RF 1,725,160 1,696,605 1,708,790 12,185 Cemetery C14 Fairview Cemetery Office Reno - Admin/Lunchroom & Washroom 2015 2020 578,000 610,977 578,000 (32,977) CSPR 28 - Cemetery Site Improvements C17 Fairview Fields of Honour Restor & Memorial Unknown Soldier 2017 2018 306,000 302,972 296,890 (6,082) CSPR 28 - Cemetery Site Improvements C23-20 Addition of Enclosed Storage at Fairview 2020 2020 25,000 20,670 25,000 4,330 OLG RF C24-20 Security Cameras At Fairview Cemetery 2020 2020 17,000 14,095 17,000 2,905 OLG RF 926,000 948,714 916,890 (31,824) Fire F18 Fire Tower Training Renovations 2011 2020 440,000 447,017 440,139 (6,878) CSPR 4 - General - Fire - Unallocated F26 Emergency Management Communications 2019 2020 50,000 95,729 96,244 515 CSPR 4 - General - Fire - Unallocated F57 Fire Admin Bldg Rooftop Heating & Cooling Unit/Roof Repl 2015 2018 70,000 77,864 70,350 (7,514) CSPR 1 - General - Unallocated F58 Station 3 Building Addition incl accessible washroom 2015 2018 542,374 628,346 542,374 (85,972) CSPR 1 - General - Unallocated F63 Fire Services Upgrades 2018 2019 80,000 82,216 80,000 (2,216) CSPR 4 - General - Fire - Unallocated F67 Trench Rescue Equipment 2019 2020 100,000 87,161 100,000 12,839 OLG RF 1,282,374 1,418,333 1,329,107 (89,226) Fleet TR3 2017 Fleet & Equipment Replacement 2017 2018 2,417,051 3,212,035 3,121,535 (90,500) CSPR 85 - Fleet Replacement Reserve FR4 2018 Fleet Equipment Replacement 2017 2020 1,850,000 1,917,933 1,942,617 24,684 CSPR 85 - Fleet Replacement Reserve 4,267,051 5,129,968 5,064,152 (65,816) General Government G2 Development Charges Update Study 2006 2019 - 624,362 610,628 (13,734) CSPR 1 - General - Unallocated G21 Vadim upgrades 2016 2018 - 52,139 - (52,139) CSPR 15 - Systems Development CSPR2 - General - IS - Unallocated G25 Audio Visual Upgrades 2018 2018 28,000 18,617 20,000 1,383 OLG RF G30 Quest Enterprise Backup Storage Addition 2019 2019 45,000 29,108 45,000 15,892 CSPR 23 - IS - Equipment & Computers CSPR2 - General - IS - Unallocated G32 ClearRisk Risk Management Software 2019 2020 40,000 39,686 40,000 314 CSPR 1 - General - Unallocated G36-20 Dell Storage Area Network 2020 2020 140,000 137,839 140,000 2,161 OLG RF 253,000 901,751 855,628 (46,123) Page 181 of 431 Attachment 1 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects With Funding Implications F-2021-45 August 10, 2021 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund Parks P67 George Bukator Park Improvements 2015 2018 290,000 268,425 291,555 23,130 OLG RF P72 Palmer & Ker Park Fencing 2016 2017 42,000 28,437 42,345 13,908 OLG RF P93 Mount Forest Park Playground Replacement 2018 2019 185,000 168,842 185,000 16,158 OLG RF P94 Russell Park Playground Replacement 2018 2019 185,000 164,080 185,000 20,920 OLG RF P95 Lind Somerville Park Playground Replacement 2018 2019 185,000 177,966 185,000 7,034 OLG RF P96 Carolyn Park Playground Replacement 2018 2019 185,000 196,242 185,000 (11,242) OLG RF P97 Shirley Park Playground Replacement 2018 2019 185,000 154,986 185,000 30,014 OLG RF P99 John N. Allan Park Playground Replacement 2018 2019 185,000 174,663 185,000 10,337 OLG RF P100 Wilson Park Playground Replacement 2018 2019 169,003 167,154 185,000 17,846 OLG RF P101 Grey Robinson Park Playground Replacement 2018 2019 185,000 177,536 185,000 7,464 OLG RF P102 Ker Park Land Acquisition 2018 2018 1,500,000 1,612,621 1,500,000 (112,621) CSPR 24 - Surplus Land Sales P103 Cricket Pitch - John N. Allan Park 2018 2018 25,000 17,630 25,000 7,370 OLG RF 3,321,003 3,308,582 3,338,900 30,318 Recreation and Culture RF19 Gale Centre Improvements 2012 2019 918,324 372,811 290,376 (82,435) CSPR 26 - Large Facilities - Capital Maint. CSPR 16 - Arenas RF33 Chippawa Arena Refrigeration Equipment Upgrades 2015 2019 465,000 529,180 539,126 9,946 CSPR 16 - Arenas RF37 Canada 150 Legacy Project - Sign / Celebrations 2017 2018 300,000 268,982 321,545 52,563 OLG RF RF39 Niagara Falls Lions Pool - Liner & Pumps 2017 2019 330,000 239,111 331,133 92,022 OLG RF RF42 Chippawa Arena Lighting & Ceiling Upgrades 2017 2018 300,000 226,200 304,383 78,183 OLG RF RF44 Coronation Centre Elevator Repair 2017 2018 100,000 - 100,557 100,557 CSPR 26 - Large Facilities - Capital Maint. RF45 Coronation Centre HVAC Improvements 2017 2019 20,000 15,143 25,953 10,810 CSPR 26 - Large Facilities - Capital Maint. RF48 Recreation Software 2017 2018 40,000 19,768 40,234 20,466 OLG RF RF49 MacBain Community Centre Pool Ceiling Repair 2018 2019 200,000 181,162 190,363 9,201 CSPR 26 - Large Facilities - Capital Maint. RF50 Gale Centre Cooling Tower Louvre Replacement 2018 2019 27,500 22,353 27,500 5,147 CSPR 16 - Arenas RF52 Willoughby Historical Museum Water Sensors 2018 2019 8,000 2,141 8,000 5,859 CSPR 1 - General - Unallocated RF54 Chippawa Arena Cameras 2018 2019 20,000 16,925 20,000 3,075 OLG RF RF62-20 Battle Ground Hotel Fencing 2018 2019 10,000 9,317 10,000 683 OLG RF 2,738,824 1,903,093 2,209,170 306,077 Roads R24 Asphalt Overlay - Road Rehabilitation (to end of 2015)2003 2020 7,178,000 7,255,256 7,255,028 (228) CSPR 49 - Roads & Sidewalks R39 Sidewalk Replacement Program 2013 2020 1,125,000 2,923,393 2,923,270 (123) CSPR 49 - Roads & Sidewalks R73 Buchanan/Desson/Slater Reconstruction & Sewer Separation 2013 2018 5,485,925 4,261,451 4,486,673 225,222 CSPR 3 - (General) Roads Unallocated R86 2017 Surface Treatment 2017-08 2016 2018 280,000 130,116 123,519 (6,597) CSPR 49 - Roads & Sidewalks R87 2016 Road Resurf & Rehab 2016 2019 1,350,000 1,406,983 1,350,000 (56,983) CSPR 49 - Roads & Sidewalks R93 Asphalt Overlay (2017)2017 2019 620,000 514,115 620,593 106,478 CSPR 49 - Roads & Sidewalks R96 New Sidewalk Construction (2017)2016 2019 475,000 437,330 477,408 40,078 OLG RF R98 Sidewalk Replacement 2017 2018 450,000 308,195 451,363 143,168 OLG RF R99 Roads - Road Resurfacing & Rehab (2017)2017 2018 825,000 863,061 827,193 (35,868) CSPR 49 - Roads & Sidewalks R103 Asphalt Overlay (2018)2018 2019 530,000 364,538 440,000 75,462 CSPR 3 - General - Roads - Unallocated CSPR 73 - Water - Unallocated CSPR 71 - Sewer - Unallocated R113 Roads - New Sidewalk Construction (2019)2019 2019 205,000 183 - (183) CSPR 49 - Roads & Sidewalks R116 Road Rehabilitation (2019)2019 2020 600,000 273,051 306,230 33,179 CSPR 49 - Roads & Sidewalks 19,123,925 18,737,672 19,261,277 523,605 Page 182 of 431 Attachment 1 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects With Funding Implications F-2021-45 August 10, 2021 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund Sanitary Sewer SS33 Brookfield Ave Sewer 2014 2015 131,250 54,604 140,893 86,289 OLG RF SS36 Niagara Falls Pollution Control Plan Update 2013 2021 300,000 302,405 300,000 (2,405) CSPR 71 - Sewer - Unallocated SS42 Robinson St Sewer Separation (Stanley to Jolley Cut)2014 2017 102,300 57,780 103,455 45,675 OLG RF SS54 Third Ave-Morrison to Maple Sewer Separation 2016 2018 67,000 10,810 69,357 58,547 CSPR 72 - Sewer Line Improvements SS56 Huron from Fourth To Sixth - Sewer Sep/Watermain/Road 2016 2018 900,000 14,311 572,591 558,280 CSPR 71 - Sewer - Unallocated CSPR 73 - Water - Unallocated SS60 Sinnicks & Keith Area CSO Outfall Review 2017 2019 70,000 70,138 70,042 (96) CSPR 71 - Sewer - Unallocated SS67 Harvard Ave Sanitary Sewer Replacement 2017 2018 2,925,796 1,764,625 2,412,109 647,484 CSPR 71 - Sewer - Unallocated SS68 Sanitary Sewer- St. Patricks Church Drainage Improvements 2017 2020 123,985 125,614 124,750 (864) CSPR 87 - General - Storm - Unallocated SS73 Sewer Flow Monitor Replacements 2018 2018 100,000 64,574 100,000 35,426 CSPR 71 - Sewer - Unallocated 4,720,331 2,464,861 3,893,197 1,428,336 Storm Sewer STMS35 Riverview Park Storage - Chippawa Flood Relief 2013 2019 2,991,661 1,886,649 2,422,218 535,569 CSPR 87 - General - Storm - Unallocated STMS42 Stanley-Whirlpool to Thorold Stone (Region Sharing) Storm Sewer 2013 2020 300,000 333,664 332,349 (1,315) CSPR 72 - Sewer Line Improvements STMS43 Cytek Lands & 4th Ave Storm System 2016 2017 430,000 196,610 180,354 (16,256) CSPR 71 - Sewer - Unallocated STMS44 Shriner's Creek Retaining Wall 2017 2019 165,000 186,694 165,000 (21,694) CSPR 71 - Sewer - Unallocated STMS48 Orchard Grove SWM Pond Study 2014 N/A 170,000 - 170,000 170,000 CSPR 87 - General - Storm - Unallocated 4,056,661 2,603,617 3,269,921 666,304 Transit T15 Radio Upgrade & Replacement - CAV 2017 2018 13,738 12,325 12,357 32 CSPR 20 - Transit - Capital Renewal T16 Radio System Requirements 2016 2018 13,228 11,521 11,728 207 CSPR 20 - Transit - Capital Renewal T20 Tele Driver Hardware/Software (Daily Schedule Mgmt/Payroll Mgmt)2017 2020 71,232 99,547 72,175 (27,372) CSPR 20 - Transit - Capital Renewal T22 Busway & Shelter Rehabilitation and Platform 2017 2020 457,920 449,565 454,362 4,797 CSPR 20 - Transit - Capital Renewal T24 Orion VII Powertrain & Body Refurbishment 2017 2020 457,920 313,548 386,965 73,417 CSPR 20 - Transit - Capital Renewal T25 Fleet Management Software 2017 2020 61,056 56,182 58,681 2,499 CSPR 20 - Transit - Capital Renewal T26 Intelligent Transportation System - Conventional Fleet 2017 2020 765,234 746,968 810,700 63,732 CSPR 20 - Transit - Capital Renewal T27 ZF Transmission Diagnostic Software 2017 2018 6,106 5,593 5,563 (30) CSPR 20 - Transit - Capital Renewal T29 Bus HVAC Refrigerant Recovery, Recycle & Recharge Machine 2017 2018 7,123 5,388 5,987 599 CSPR 20 - Transit - Capital Renewal T30 Electronic Farebox Upgrade - CAV 2017 2020 142,464 142,537 142,788 251 CSPR 20 - Transit - Capital Renewal T31 Farebox Replacement - Conventional Fleet 2017 2020 332,754 201,625 207,258 5,633 CSPR 20 - Transit - Capital Renewal T32 Intelligent Transportation System - CAV 2017 2020 27,475 17,287 36,628 19,341 CSPR 20 - Transit - Capital Renewal T33 2011 Orion VII Engine Replacement - (Buses 2193 - 2195)2018 2018 180,000 135,821 180,000 44,179 OLG RF T37 Addition of Two (2) Stertil-Koni Mobile Columns Hoists 2019 2019 32,000 31,057 32,000 943 CSPR 20 - Transit - Capital Renewal T44-20 Replacement Ventilation Fans 2020 2020 70,000 45,690 - (45,690) CSPR 55 - Transit / WEGO building CSPR 20 - Transit - Capital Renewal 2,638,250 2,274,654 2,417,192 142,538 Transportation TSP30 Traffic Signal Video Detection Replacement 2014 2018 215,000 202,887 215,636 12,749 CSPR 33 - Traffic Signals TSP32 Speed Message Boards/PXO Signs 2017 2019 50,000 15,242 50,406 35,164 OLG RF TSP33 Rail Review (to comply with legislation)2017 2018 60,000 58,771 60,136 1,365 OLG RF TSP34 Sign Inventory Input Module 2017 2020 31,088 24,730 31,205 6,475 OLG RF TSP39 Tourist Core Traffic Management Plan & Its Strategy 2018 2020 175,000 210,511 175,000 (35,511) CSPR 60 - Traffic Signal Video Detect CSPR 19 - Traffic Calming Studies CSPR 17 - Subdivision Traffic Control TSP42 Overhead Warning Flasher Replacement Program 2019 2020 15,000 7,199 15,000 7,801 OLG RF 546,088 519,340 547,383 28,043 Page 183 of 431 Attachment 1 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects With Funding Implications F-2021-45 August 10, 2021 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund Water W36,37,38 Potter Heights & Wiltshire 2014 2018 880,000 716,300 859,077 142,777 CSPR 74 - Watermain Improvements W40 Empire Place / Butler Place & Secord Place Watermain 2014 2020 705,000 687,071 631,086 (55,985) CSPR 74 - Watermain Improvements W45 Water- Corwin Cres Watermain Replacement 2017 2020 2,050,000 1,755,905 1,821,920 66,015 CSPR 74 - Watermain Improvements W49 Water - Drummond Rd (Morrison to Valley Way)2017 2019 882,500 614,884 882,500 267,616 CSPR 74 - Watermain Improvements W50 Main St Watermain Replacement 2018 2019 720,000 469,183 720,000 250,817 CSPR 74 - Watermain Improvements 5,237,500 4,243,343 4,914,583 671,240 GRAND TOTAL 56,944,916 50,960,879 54,899,235 3,938,356 Page 184 of 431 Attachment 2 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects Without Funding Implications F-2021-45 August 10, 2021 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund Bridges BC13 Whirlpool Road Bridge Rehabilitation 2014 2019 906,000 750,113 (750,113) - N/A - No Surplus/Deficit BC14 Murray St Pedestrian Bridge Rehabilitation 2015 2017 220,000 224,172 (224,172) - N/A - No Surplus/Deficit 1,126,000 974,285 (974,285) - Building BP27 Service Centre Relocation Study 2017 2018 75,000 81,068 (81,068) - N/A - No Surplus/Deficit BP29 City Hall Blinds 2017 2018 50,000 49,970 (49,970) - N/A - No Surplus/Deficit BP31 Designated Substance Clean Up 2017 2018 30,000 29,958 (29,958) - N/A - No Surplus/Deficit 155,000 160,997 (160,997) - Fire F64 Pagers Upgrades 2018 2018 10,062 10,062 (10,062) - N/A - No Surplus/Deficit F65 Fire Prevention Public Education Props 2017 2019 10,000 9,316 (9,316) - N/A - No Surplus/Deficit 20,062 19,378 (19,378) - General Government G22 Aruba Wireless Upgrade 2018 2018 75,000 74,792 (74,792) - N/A - No Surplus/Deficit G35 Trend Micro Deep Discovery Inspector 2019 2019 100,000 98,714 (98,714) - N/A - No Surplus/Deficit 175,000 173,506 (173,506) - Multiple Services MS1 & MS4 Ferry Street Reconstruction (Main to Stanley)2009 2017 6,208,445 6,389,679 (6,389,679) - N/A - No Surplus/Deficit MS17 BUCKLEY AVE 2012 2018 3,069,430 3,704,698 (3,704,698) - N/A - No Surplus/Deficit MS13-25-26 Hamilton St. Reconstruction (with 5th & 6th)2011 2019 3,738,825 3,482,734 (3,482,734) - N/A - No Surplus/Deficit MS29 Stanley Ave - Thorold Stone to Valleyway 2013 2019 1,327,876 1,803,666 (1,803,666) - N/A - No Surplus/Deficit MS37 Chippawa West Subdivision Phase 2 Stage 1 - Cost Sharing 2019 2019 28,000 108,641 (108,641) - N/A - No Surplus/Deficit 14,372,576 15,489,417 (15,489,417) - Parks P47 Chippawa Boat Dock (Public Docks)2011 2018 187,000 217,940 (217,940) - N/A - No Surplus/Deficit P51 Deerfield Park Development 2012 2014 540,000 446,055 (446,055) - N/A - No Surplus/Deficit P62 Fernwood Park & Trail Development 2014 2018 714,940 518,051 (518,051) - N/A - No Surplus/Deficit P83 Westfield Park New Playground 2017 2019 169,000 169,012 (169,012) - N/A - No Surplus/Deficit P84 Prince Edward Park - New Playground 2017 2019 169,000 164,339 (164,339) - N/A - No Surplus/Deficit P85 Stamford Lions Park New Playground 2017 2019 169,000 155,944 (155,944) - N/A - No Surplus/Deficit P86 Gus Monroe Park New Playground 2017 2019 169,000 165,409 (165,409) - N/A - No Surplus/Deficit P87 Royal Manor Park- Canadiana Themed Playground 2017 2019 190,000 197,432 (197,432) - N/A - No Surplus/Deficit P88 Glenview Park New Playground 2017 2019 169,000 165,758 (165,758) - N/A - No Surplus/Deficit P89 Millennium Trail Fitness Stations 2017 2018 50,000 59,698 (59,698) - N/A - No Surplus/Deficit P91 Paddock Park Reforestation 2017 2017 30,000 27,002 (27,002) - N/A - No Surplus/Deficit 2,556,940 2,286,640 (2,286,640) - Roads R67 Thorold Stone Rd - Stanley to Fourth Phase 1 2012 2019 3,968,155 3,842,172 (3,842,172) - N/A - No Surplus/Deficit R71 Victoria Avenue Streetscaping 2012 2019 4,674,726 4,430,656 (4,430,656) - N/A - No Surplus/Deficit R88 Sidewalk & Concrete Repair (2016)2016 2019 450,000 450,987 (450,987) - N/A - No Surplus/Deficit R97 2017 Surface Treatment of Roads 2017 2018 1,300,000 1,352,455 (1,352,455) - N/A - No Surplus/Deficit 10,392,881 10,076,269 (10,076,269) - Page 185 of 431 Attachment 2 2021 Capital Project Closing Report as at June 30, 2021 - Capital Projects Without Funding Implications F-2021-45 August 10, 2021 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund Recreation and Culture RF21 MacBain Centre Renovations 2013 2018 48,057 340,061 (340,061) - N/A - No Surplus/Deficit RF22 Rubber Floor Replacement - Chippawa Arena 2014 2017 101,000 125,722 (125,722) - N/A - No Surplus/Deficit 149,057 465,783 (465,783) - Transit T14 Transit AODA Compliance 2014 2018 25,000 33,115 (33,115) - N/A - No Surplus/Deficit T19 (2017) Conventional Transit & Specialized Transit Bus Growth 2017 2018 - 4,068,008 (4,068,008) - N/A - No Surplus/Deficit T36 WEGO - 4 Buses - Farebox Upgrade Kit 2018 0 64,493 - - - N/A - No Surplus/Deficit T39 Transit Service Improvements Plan 2014-2019 - Routing Review 2019 2020 100,000 97,725 (97,725) - N/A - No Surplus/Deficit 189,493 4,198,848 (4,198,848) - Sanitary Sewer SS29 Robinson Street - Main St to Stanley Ave 2013 2016 2,346,395 2,491,330 (2,491,330) - N/A - No Surplus/Deficit SS74 Third Avenue Sewer Replacement 2018 2020 1,100,000 830,321 (830,321) - N/A - No Surplus/Deficit 3,446,395 3,321,651 (3,321,651) - Water W33 Replacement Ventilation Fans 2013 2018 5,236,000 2,250,954 (2,250,954) - N/A - No Surplus/Deficit 5,236,000 2,250,954 (2,250,954) - GRAND TOTAL 37,819,404 39,417,727 (39,417,727) - Page 186 of 431 F-2021-46 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-46 Tax Supported Operating Fund 2019 Budget to Actual (unaudited) Comparison RECOMMENDATION 1. That Council approve a transfer of $22,000,000 resulting from redemption of a 20 year loan from Niagara Peninsula Energy Inc. to the Hospital Reserve Fund. 2. For the information of Council. EXECUTIVE SUMMARY The purpose of this report is to show Council the final draft (unaudited) 2019 budget to actual results for the Tax Supported Operating Fund explaining any large variances. Within the attachment, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. BACKGROUND Over the past few years, since I began as Treasurer, Council has expressed a desire to view actuals in conjunction with the budget. While it would not be overly useful to see 2020 actuals to date as many re-allocation and year end entries are still required, staff feel it is appropriate to share the unaudited 2019 budget to actual results of the Tax Supported Operating Fund. A similar report for 2020 will follow as soon as year end work is completed. ANALYSIS/RATIONALE Attachment 1 contains the overall Tax Supported Operating Fund 2019 budget to actual comparison (unaudited). Page 187 of 431 2 F-2021-46 August 10, 2021 Revenues 1. Overall Revenue had a budget of $141,540,857 with actuals coming in at $171,749,544. This results in a favourable difference of $30,208,687 or a 21% variance from actuals. The $30.2M variance will be explained below with the major variance being a $22M loan called early due from NPEI and the Municipal Accommodation Tax (MAT) revenue collected which exceeded budget by $4.6M. These two items account for $26.6M of the $30.2M variance. 2. Taxation City General and Urban was budgeted at $67,317,526 with actuals of $68,520,285, which results in a favourable difference of $1,202,759 or 1.8% over budget. This is due to supplemental tax billings that are not known at the time of budget creation. 3. Federal Grants had a budget of $0 with actuals coming in at $528,720. The actuals contained $472,955 from FedDev for the NF Ryerson Innovation Hub grant which staff was unaware of at budget time (approved July 2019) and a grant for Museums for $ 53,640. 4. Investments had a favourable variance of $349,523 or 11% over budget. This is explained as follows: Bank interest was budgeted for $1.3M with actuals of $2.054M resulting in a favourable variance of $754,000 due to higher than anticipated interest rates. Interest of 4.77% from a $22M NPEI loan was budgeted for the entire year for a total budget of $1,049,400. Council decided to call the loan in August 2019 (it was due March 2020) and as such the loan was paid out and interest for August-December totalling $437,250 was not received resulting in an unfavourable variance of $437,250. Cemetery investments on the City’s trust account exceeded budget expectations by $32,000. 5. Other Revenue had a favourable variance of $26,845,654 or 776% over budget. This is explained as follows: The City called a $22,000,000 loan (due March 2020) from NPEI early in August 2019 and received same. This was an unbudgeted revenue item with actuals recorded in Other Revenue. Staff has currently transferred the $22,000,000 to the Hospital Reserve Fund and is recommending that Council approve same. The City’s contribution requirement to the South Niagara Hospital is unknown at this time, however the last estimate was around $22M and staff feel that allocating the $22M to the Hospital Fund Page 188 of 431 3 F-2021-46 August 10, 2021 will avoid the City needing to add any special hospital levy to the taxpayers bill in the future in order to fund the City’s contribution as has been done in other neighbouring municipalities. At the time of budget creation the Municipal Accommodation Tax (MAT) which was to begin January 1, 2019 was budgeted as a net amount of $200,000 in “Other Revenue”. Actual revenues collected were recorded at $4,832,422. The MAT is collected by the City from the hotels/motels and 95% is then given to Niagara Falls Canada Hotel Association (NFCHA) with the City keeping 5% as an administration cost. Once the MAT collection began instead of netting the transactions (as originally budgeted), the City realized it must record them separately as both “Other Revenue” for the money collected from accommodation providers ($4,834,422) and “External Transfers” for the money given to NFCHA ($4,592,701). Thus revenue was over budget $4,634,422 ($200,000 net budget) and expenses over budget $4,592,701. Overall the City kept $241,721 which exceeded the budgeted amount of $200,000. 6. User fees had a favourable variance of $620,366 or 11% over budget. There were many variances both under and over budget throughout the budget concerning user fees but that largest are explained as follows: Weed Control Fees (from by-law complaints) had a favourable variance of $108,000. Contracted services would have also been over budget by approximately this amount as this is contracted out and then billed back to the homeowner including an administration fee. NF Transit user fees had a favourable variance of $222,000, mostly concerning intra-city tap revenue, cash fares and Adult 30 day passes. Inter-municipal Transit (IMT) had a favourable variance of $263,000 due to an error found in prior year billings that was corrected with back pay received in 2019. Cemetery user fees had a favourable variance of $114,000 Arena user fees had an unfavourable variance of $120,000 Planning user fees had a favourable variance of $69,000 Page 189 of 431 4 F-2021-46 August 10, 2021 7. Transfers from Special Purpose Reserves/Reserve Funds had a net favourable variance of $451,162 or 7.5% over budget. There were many small variances both under and over budget throughout the budget concerning transfers from reserves but that largest are explained as follows: New Years Eve expenses and transfer from reserve funds was budgeted for $75,000 with expenses coming in at $369,000. As this is an event that is funded from reserves put away over the years from sponsorship funds and not the levy the transfer from reserve funds was made for $369,000 resulting in a favourable revenue variance of $294,000. There is no levy impact since expenses are over budget by the same amount. Doctor recruitment expenses and transfer from reserve funds was budgeted for $300,000 with expenses coming in at $202,000. As this is an event that is funded from reserves and not meant to create a surplus or deficit to the levy the transfer from reserve funds was made for $202,000 resulting in an unfavourable revenue variance of $98,000. There is no levy impact since expenses are under budget by the same amount. WEGO contained a budgeted line item for $707,000 transfer from reserve funds. This entry was not needed at year end and thus not made resulting in an unfavourable variance of $707,000 for this line item. Unbudgeted transfers from reserves relating to development totalled $254,000 resulting in a favourable budget variance. OLG reserves were brought into budget to cover $250,000 for YMCA refresh phase 2 and $472,955 for FedDev Ryerson Innovation Hub year 1. Neither were known at budget time thus not budgeted for resulting in a favourable budget variance for transfers from reserves. Expenses 8. Overall expenses had a budget of $141,540,857 with actuals coming in at $171,296,112. This results in an unfavourable difference of $29,755,255 or a 21% variance from actuals. The $29.8M variance will be explained below with the major variance being a $22M loan called early due from NPEI being transferred to a reserve fund and the Municipal Accommodation Tax (MAT) payment of 95% of the revenue collected via the external transfer line item which exceeded budget by $4.6M. These two items account for $26.6M of the $29.8M variance. 9. Labour and Benefits had a favourable variance of $3,342,054 or 5% under budget. There were many variances both under and over budget throughout the budget concerning labour and benefits, most often due to vacancies or new positions not immediately filled. The largest are explained as follows: Page 190 of 431 5 F-2021-46 August 10, 2021 Clerks - $126,000 under budget due to vacancies Capital staff $1,100,000 under budget per #17 below. Human Resources Contingency budget - $1,300,000 under budget Storm Maintenance - $121,000 under budget (together with water and sewer, labour for Environmental Services is 95% spent however the allocations to each differ from budget. Roads and Winter Maintenance - $133,000 over budget Parks and Fields - $235,000 under budget. Transit - $504,000 under budget due to new staff budgeted but not hired at the beginning of the year Museum - $100,000 over budget Building - $79,000 under budget due to new staff budgeted but not hired at the beginning of the year Facilities - $122,000 under budget due to new staff budgeted but not hired at the beginning of the year 10. Overtime had an unfavourable variance of $598,238 or 53% over budget. This is largely due to Fire Services which accounts for $457,000 of this variance due to staff on leave and Transit which accounts for $148,000 of this variance also due to staff on leave. 11. Materials had an unfavourable variance of $911,292 or 7.6% over budget. There were many variances both under and over budget throughout the budget concerning materials. The largest variances are as follows: Committees - $72,000 over budget due to additional grants received and spent. Doctor Recruitment under budget $98,000, per #7 above transfer from reserve funds reduced as well. No levy impact. New Years Eve expenses over budget $294,000, per #7 above transfer from reserve funds increased as well. No levy impact. Page 191 of 431 6 F-2021-46 August 10, 2021 CAO’s office under budget $119,000, with majority relating to contracted services items budgeted for and not spent such as a customer service plan budgeted for $60,000 and graphic design support and accessibility conversion budgeted for $17,500. Advertising was also budgeted for $108,000 with only $75,000 spent. Finance over budget $224,000 due to risk management claims being higher than anticipated. Information Systems over budget $192,000 Roadways and Winter Maintenance over budget $231,000 Fleet over budget $159,000 Parks and Fields under budget $119,000 Transit over budget $145,000 Transportation under budget $89,000 Recreation Programs over budget $63,000 Facilities under budget $73,000 Business Development under budget $138,000 due to the $130,000 budget for hosting incentives not being utilized in 2019. 12. Goods for Resale had a favourable variance of $209,232 or 22% under budget. This is due to Transit diesel sales not being as high as budgeted. There would be a corresponding budget variance in sales related to this item as well. 13. Contracted Services had an unfavourable variance of $1,227,201 or 7.1% over budget. There were many variances both under and over budget throughout the budget concerning contracted services. The largest variances are as follows: CAO’s office over budget $60,000 however $119,000 under budget in materials per #11 above. Legal over budget $556,000 due to external counsel being required while the City searched for a full time Solicitor. Fire Services over budget $65,000 Page 192 of 431 7 F-2021-46 August 10, 2021 Street lighting over budget $145,000 Parks and fields over budget $89,000 however under budget in materials $119,000 per #11 above. Building under budget $50,000 Municipal Enforcement over budget $78,000 Facilities over budget $50,000 however under budget $73,000 in materials per #11 above. Business Development over budget $258,000 however much of that is invoices paid to Ryerson for NF Ryerson innovation Hub which is reimbursed 50% from the FedDev grant and 50% from the City paid with OLG funds. No levy impact. As the grant occurred mid year 2019 no budget was set for it in the 2019 budget setting. 14. H&S Compliance had an unfavourable variance of $30,685 or 323% over budget. City Hall H&S was over budget by $20,000 due to invoices related to the Court House demolition preparation and assessment and Coronation Centre was over budget $10,700 due to an invoice for removal of asbestos. 15. Fees for Service had an unfavourable variance of $155,776 or 2.4% over budget. Airport capital of $120,285 was budgeted in the capital budget however the actuals were recorded in operating. OLG funding of $120,285 was brought in to the operating fund as transfers from special purpose reserves to fund the capital. An additional $20,000 was paid to Project Share for the Out of the Cold program per Council approval. 16. External Transfers had an unfavourable variance of $5,505,102 or 5,561% over budget. This is due to how the Municipal Accommodation Tax was recorded as explained in Other Revenue (#5) above. 17. Transfers to Capital had an unfavourable variance of $1,197,115 or 18.6% over budget. This is related to the transfer of engineering staff to the capital budget which was originally budgeted as a $1.1M reduction in the transfer to capital. When staff prepared the entry it was realized the correct way to record it would be as an offset to the labour account. 18. Transfers to Reserves/Reserve Funds had an unfavourable variance of $23,275,859 or 127% over budget. This is largely related to the $22M loan received from NPEI that staff is recommending Council approve as a transfer to the Hospital reserve fund. Page 193 of 431 8 F-2021-46 August 10, 2021 Due to overall favourable variances in the 2019 budget to actuals staff were also able to make the following year end reserve entries to increase reserve balances: $1.4M to Tax Rate Stabilization Reserve, largely due to the additional taxation supplemental revenue received. $242,000 to the Election Reserve largely due to vacancies and under spending in the Clerks department. Surplus/Deficit 19. Per the City’s 2018 financial statements there is an accumulated deficit of $154,046 in the tax supported operating fund. This is a carry over from the $11M purchase of hospital land that was recorded in the 2017 financial statements that was not fully funded at the time of donation as per the notes to the 2017 financial statements. Staff have left a surplus of $453,432 in the tax supported operating fund for the year ended December 31, 2019 which will bring the accumulated deficit amount to a surplus of $299,386. The 2020 budget also contains a budgeted line item to bring in prior year surplus of $450,000 from special purpose reserves. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Financial implications have been communicated above in the analysis section. CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. Page 194 of 431 9 F-2021-46 August 10, 2021 LIST OF ATTACHMENTS 1. Tax Supported Operating Fund 2019 Budget to Actual (unaudited) Comparison Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer T. Clark Page 195 of 431 Attachment 1 -Tax Supported Operating Fund F-2021-46 2019 Budget to Actual Comparison (unaudited)August 10,2021 TAX SUPPORTED OPERATING FUND Nié—gara?q!1§2019 Bud et to Actual Com arison (Over)IUnder Variance Actuals Budget (0ver)IUnder 2019 $% REVENUES Taxation City General and Urban 68,520,285 (1,202,759)(1.79%)[2] Taxation Waste Management 6,937,491 (157,096)(2.32%) Taxation Other Charges 1,150 9,850 89.55% Payment in Lieu of Taxation 7,163,276 (112,649)(1.60%) I?82,622.20?»(1 ,452.555)(1 -80%) Federal Grants 528,720 (528,720)#DlV/0![3] Provincial Grants 4,510,711 (187,044)(4.33%) Grants 138,508 (83,508)(151 .83%) Other Municipalities 3,182,050 65,630 2.02% Grants —,I Z ‘i.8,359,989 (733,642)(9.62%) Cafe Sales 39,861 (4,861)(13.89%) Casino 22,836,805 663,195 2.82% Donations 139,123 (94,123)_(209.16%) investments 3,539,523 (349,523)(10.96%)[4] Licences 330,164 (9,164)(2.85%) Other Revenue 30,307,009 (26,845,654)(775.58%)[5] Penalties and Interest 2,139,506 (129,506)(6.44%) Permits 1,682,412 122,588 6.79% Provincial Offences Act 204,559 (104,559)(104.56%) Rents 286,648 6,126 2.09% Sales 1,187,923 (5,895)(0.50%) Service Charges 7,391 (1,141)(18.26%) User Fees 6,277,960 (620,366)(10.97%)[6] Miscellaneous Revenue 68,978,884 (27,372,883)(65.79%) From Special Purpose Reserves 5,898,859 (960,900)(19.46%)[7] From Reserve Funds 586,623 509,738 46.49%[7] From Gas Tax Reserve Fund 532,000 0 0.00% From Development Charges 1,663 0 0.00% From City Operating (Indirect Costs)362,643 0 0.00% From Ci 0 eratin Internal Rent 4,406,681 (188,346)(4.46%) Internal Transfers 11,788,469 (639,508)(5.74%) TOTAL REVENUE 171 749 544 30,208,687 21.34%[1] Page 196 of 431 2019 Bud et to Actual Com arison Nlagara‘Fq"1‘1‘§ TAX SUPPORTED OPERATING FUND (Over)/Under Variance Actuals Budget (0ver)IUnder 2019 $% EXPENSES Labour 46,622,027 2,544,103 5.17%[9] Employee Benefits Allocation . g __ : 12,574,373 797,951 5.97%[9] Overtime V *l’J 1,720,291 (598,238)(53.32%)[10]Labour and Benefits 1:'63,660;5079‘60,916,690 2,743,817 4.31% Materials 12,923,934 (911,292)(7.59%)[11] Professional Development 264,122 81,441 23.57% Advertising/News Release 217,867 51,233 19.04% Insurance Premiums 1,649,048 (25,568)(1.57%) Conferences/Conventions 124,507 6,703 5.1 1% Goods for Resale 751,614 209,232 21.78%[12] Membershiplsubscriptions 137,210 6,172 4.30% Of?ce Supplies 143,708 12,064 7.74% Materials 16,212,012 (570,017)(3.64%) Electricity 2,417,701 (95,801)(4.13%) Water 560,387 (3,237)(0.58%) Natural Gas 471,284 (9,384)(2.03%) Utilities 3,449,373 (108,423)(3.25%) Contracted Services 18,475,287 (1,227,201)(7.11%)[13] H&S Compliance 40,185 (30,685)(323.00%)[14] Snow Plowing __ V 161,978 58,772 26.62% Fees for Service '7 _ ' 1,:—_.<‘6,748,573 L155,776)(135%)[15] Contracted Services ““ ‘25,426,023 (1,354,890)(5.63"/3) Rents and Financial Expenses V I ,‘ "1,277,039 (244,493)(23.68%) Long Term Interest 1,852,747 (38,911)(2.15%) Lon Term Debt Princi al 3,155,517 2 0.00% Debt Charges 5,008,264 (38,909)(0.78%) External Transfers __.,i 5,604,102 (5,505,102)(5560.71%)[16] Internal Rent 3,909,896 (204,264)(551%) Indirect Costs 275,000 0 0.00% To Capital 7,623,022 (1,197,115)(18.63%)[17] To Reserve Funds 22,029,265 (22,029,265)#D|V/O![13] To Special Purpose Reserves 19.565426 <1-246.594)(6-80%)[13] Internal Transfers ~ "53,402,609 (24.677,238)(85.91 %) TOTAL EXPENSES 171 ,296,1 12 29,755,255 21.02%[8] Surp|usI(De?cit)#DIVl0![19] Page 197 of 431 MW-2021-44 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-44 Millennium Recreation Trail Section 2 Update and Development RECOMMENDATION 1. That City Council receive for information Report MW -2021-44 regarding an update of the Millennium Recreation Trail Section 2 Project; and further, 2. That the Mayor and City Clerk be authorized to execute the necessary agreements with Ontario Power Generation (OPG) for trail Section 2 and the Whirlpool Road Pedestrian Bridge and Trail Extension; and further, 3. That the Mayor and City Clerk be authorized to execute a Transfer Payment Agreement with the Government of Canada and/or Province of Ontario in order to authorize the development of the Millennium Trail Section 2 with funding received from Federal, Provincial, and Municipal sources as outlined in this Report; and further, 4. That City Council authorize staff to proceed with construction and award the contract for Phase 1 only to the lowest tender bidder, GMR Landscaping Inc. of Toronto, for the amount of $1,723,596.62 plus applicable taxes; and further, 5. That City Council authorize the City portion of this project, amounting to $526,522.00, to be funded through pre-approval of a portion of the 2022 Capital budget. EXECUTIVE SUMMARY City Council approved Report MW 2019-11 which directed staff to proceed with the conceptual design for the Millennium Trail Section 2 along the east side of the OPG Hydro Canal and to further undertake the public consultation process. This is the last and final section to be completed. The Millennium Recreation Trail has been a mutually beneficial and successful trail vision between the City and Ontario Power Generation since the first section was built in 2001. To date, all other sections have been constructed (refer to Attachment 3-Trail Sections Map) and are well used by the public and visitors to the City. Page 198 of 431 2 MW-2021-44 August 10, 2021 Through a COVID-19 Government Grant funding stream opportunity (ICIP), in Report MW -2020-30 City Council approved staff to apply for, and allocate, the funds to this Section 2 trail development project. In June 2021, the Investing in Canada Infrastructure Program (ICIP) COVID-19 Resilience Stream funding program approved the City of Niagara Falls in the amount of $1,273,478 to construct this trail project. This ICIP Grant funding along with the City funding portion provides the funds to complete construction of this last section of the Millennium Recreation Trail, south of McLeod Road. Staff tendered the project which closed on Wednesday August 4 th, 2021. The tender included both Phase 1 (original trail route) and Phase 2 (Provisional) which provided an east trail connection to link with the Fern Park corridor. Phase 2 was identified in the tender as a Provisional item and now, due to budget constraints, will be deferred for future consideration. Start of construction is anticipated for late August with an expected completion date of Dec. 21, 2021. The ICIP funding for the project has a deadline of December 31, 2021, therefore staff are proceeding to expedite this project as time is of the essence. BACKGROUND Recreational trails across the City enhance active transportation infrastructure and improve accessibility for pedestrians and cyclists. Trails encourage residents and visitors to enjoy and appreciate the outdoors, while being active, and connecting with nature. The Millennium Recreation Trail multi-use-path has been a successful project utilizing the OPG Hydro Canal Corridor, creating a north/south connection route through the City linking with various parks, neighbourhoods, and commercial shopping areas. Public Consultation Process Staff completed a public consultation process for this project in March/April 2021. As a result of the COVID restrictions an in-person public open house/meeting was not permitted, therefore staff conducted the public consultation using a variety of online, social media, and mailing options. Compiled below is an overview of the communication and Engagement City staff provided for the Millennium Recreational Trail Section 2 project. For detailed information refer Attachment 4 – Public Engagement Summary. Let’s Talk Niagara Falls Project Page The Millennium Recreational Trail Section 2 Let’s Talk page was published on March 10, 2021. https://letstalk.niagarafalls.ca/millennium-trail-section-2 During the 6 week timeframe, there were: Page 199 of 431 3 MW-2021-44 August 10, 2021 Engaged Participants: 33 o This represents participants that submitted a comment to the project team. Informed Participants: 395 o This represents participants that took the time to view more information on the page, including viewing a photo, downloading supporting documents, read the FAQ, clicked on additional links, etc. Aware Participants: 1,200 o This represents participants that visited the page, and didn’t click on additional documents, but gained awareness of the project. Features in the City’s Weekly Newspaper Ads: Niagara Falls Review March 19, March 26, April 1, April 9, April 16 and April 23, 2021. Niagara This Week Wrap March 25, April 1, April 8, April 15 and April 22, 2021. Social Media Organic Posts Multiple posts were published on the City’s social media channels (Facebook, Twitter and Instagram). o Example: https://www.facebook.com/CityOfNiagaraFallsCanada/posts/41969446936 73327 Social Media - Paid Advertising Created a targeted social media advertisement that appeared on social feeds for Niagara Falls residents. Social Media Comments and Statistics Collectively, there was a reach of over 16,187 social impressions, resulting in: o 586 link clicks o 18 shares o 28 comments o 162 reactions/engagements Lawn Style Information Signs 25 Lawn Style Information signs were printed and placed at the entrances of all Millennium Trail sections. E-Newsletters Placement in the City’s Monthly E-Newsletter(s) Page 200 of 431 4 MW-2021-44 August 10, 2021 o Subscription base of 6,157. o March Link: https://us1.campaign- archive.com/?u=1d661df4b8485a598ec699f74&id=7e0567140e o April Link: https://us1.campaign- archive.com/?u=1d661df4b8485a598ec699f74&id=b89b6188a4 Placement in the Let’s Talk Niagara Falls register participant newsletter. o Subscription base of 1,974. o Link: https://mailchi.mp/niagarafalls/lets-talk-niagara-falls-spring-2021- update?e=[UNIQID] Homepage Icon Icon placement (direct link to the project page) on the homepage of niagarafalls.ca This ran from March 15 until April 23, 2021. Please note, the outreach listed above is in addition to engagement conducted by Municipal Works (notice to Council, letters to residents/key stakeholders, updates on niagarafalls.ca, etc.) Resident Notices were also mailed to the homes within 120 metres of this project. Based on previous trail sections within residential areas, staff ha d offered wood fencing and coniferous planting options to residents, along the Hydro Canal trail route, in an effort to address privacy and buffering concerns. The majority of comments and feedback was positive in favour of trails and supportive of the project. A number of residents that abut the trail project expressed concerns with privacy, security, and corridor preservation and some indicated their objection to the project. Staff will continue to work with the residents directly abutting this project area as part of the implementation process. ANALYSIS/RATIONALE The Millennium Trail is identified as one of the City’s primary trail routes in the Trails & Bikeway Masterplan and the Transportation Master Plan. Completion of the Millennium Recreation Trail is part of Council’s Strategic Priorities. Enhance the multi-modal transportation network within the community and encourage greater pedestrian and cyclist use as per the Transportation Master Plan The Millennium Recreational Trail Section 2 Development will include: Approximately 1.4 km of new 3m wide asphalt paved accessible trail Fitness equipment station Picnic tables, benches, and social gathering/event space Parking area Fencing and landscape buffering improvements Planting of over 200 native trees and plants along this new trail section Page 201 of 431 5 MW-2021-44 August 10, 2021 Section 2 is the last and final portion of the Millennium Recreational Trail Master Plan. All other sections have been constructed over the past 20 years since the beginning of this trail project with OPG in 2000. Refer to Attachment 1 showing the Section 2 Trail Design Concept Plan for the layout and location of this project. Phase 1 being the original trail route and Phase 2 which is a proposed east link to Dorchester Road that creates an opportunity to connect with Fern Park and Fern Park Trail. Phase 2 will be deferred for future consideration due to budget constraints at this time. For information the following is a list of completed Millennium Trail Sections: Section Name Location Year Built Distance (km) Section 1 John McCall MacBain Pathway Mcleod Rd to Lundy’s Lane 2001 2.1 Section 2 (to be named) Mcleod Rd to Dorchester (south) 2021(ECD) 1.4 Section 3 Niagara Falls Lions Legacy Pathway Stanley Ave to Whirlpool Rd (NPC) 2014 1.2 Section 4 Paisley Janvary- Pool Pathway Morrison St to Stanley Ave 2011 1.4 Section 5 Rotary Storywalk Pathway Drummond Ave to Dorchester Rd 2020 1.6 Section 6 Canada 150 Pathway Lundy’s Lane to Royal Manor Dr 2016 0.8 ECD- estimated completion date Completion of this section of the Millennium Trail is a key component in the larger vision of trail connectivity for the City. The completed Millennium Trail route will connect the south end of the City at Dorchester Road (to Chippawa Parkway) with the north end of the City and Whirlpool Road which links to the NPC pathway system. This Bigger Picture vision (as shown on Attachment 5) will provide opportunities to create circle trail routes for events with future plans to link, and be part of, the Greater Niagara Circle Route and TransCanada Trail. Additionally, construction of the Whirlpool Road Pedestrian Bridge was recently completed and is now open to the public. This provides trail users with a safe and direct route over the hydro canal without having to utilize the active roadway bridge. City staff and OPG are currently working on finalizing the terms of the multi-year agreement that will enable to City to operate and maintain the bridge on their property (currently a temporary agreement is in place). The terms of this agreement will be added to the overall agreement between the City and OPG that covers the entirety of the Millennium trail on their lands. Page 202 of 431 6 MW-2021-44 August 10, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff tendered the project which closed on Wednesday August 4th, 2021. The following are the bid results (excluding taxes) and staff’s recommendation for revised project award to lowest bidder. GMR Landscaping Inc. Toronto $ 2,195,870.03 Stevensville Lawn Service Stevensville $ 2,515,951.00 The project was tendered in a two phase approach, Phase 1 being the original trail route and Phase 2 (Provisional should funds be within budget) for an east trail connection that would provide a future link to Fern Park and Fern Park Trail. In order to advance the project within reasonable budgetary availability, Staff recommend that Phase 2 be removed from the contract and deferred for future consideration. The following is the revised low bid breakdown: GMR Landscaping Total Tender Bid Price … $ 2,195,870.03 Delete Phase 2(Provisional)… -$ 472,273.41 Contract Price………………… $1,723,596.62 (excl.taxes) Consulting Services Costs $ 76,403.38 Total Budget $ 1,800,000.00 Building on the initial recommendations found in MW -2020-30, the budgetary allocation pertaining to this grant is recommended now as follows: Federal Grant $ 1,018,782.40 Provincial Grant $ 254,695.60 City Funding Portion * $ 526,522.00 Total $ 1,800,000.00 *City Funded portion is partially eligible for Development Charges funding The recommended reduced scope of award for this project, proceeding with only Phase 1 at this time, still exceeds the approved budget of $1,500,000 by $300,000. Given that the status of this approval was not known at the time of the 2021 Capital Budget approval, the City’s portion including the balance of City funding including the grant budget variance is recommended to be funded through pre -approval of a portion of the 2022 Capital budget. Staff also note that the tendered amounts appear to be higher than what was originally estimated and for the purpose of determining the project budget. In analyzing the bids Page 203 of 431 7 MW-2021-44 August 10, 2021 received and in discussions with suppliers during the tendering period the following impacts were identified: Substantial price increases in certain key building materials (in the order of 300%) due increased demands and scarcity of supply as a results of COVID pandemic impacts. The mandated construction completion timeframe imposed as a condition of the ICIP funding deterred potential bidders, and resulted in increased unit pricing to offset the risks associated with not completing the project on time. Substantially longer than normal delivery lead times for certain key construction products and materials due to COVID pandemic impacts, created challenges for potential bidders to complete the project within the mandated timeframe. Nonetheless, proceeding with this project now represents good value for money given the unique opportunity to capitalize on the Federal and Provincial financial assistance eligible to the City. CITY’S STRATEGIC COMMITMENT The content and recommendation included in this report aligns with Council’s adoption of the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Community. LIST OF ATTACHMENTS Attachment 1 – Millennium Recreational Trail Section 2 Concept & Location Plan Attachment 2 – Capital Project Budget Form, Revised with ICIP Funding Attachment 3 - Millennium Recreational Trail Section Implementation Map Attachment 4 - Public Consultation and Engagement Summary Attachment 5 - Big Picture Vision Map for Trail Connectivity Routes Attachment 6 - Concept Image of New Trail Entrance from Mcleod Road Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer Jeff Claydon Page 204 of 431 mmm ‘__::t Oakwood Drive rio Power Generation H dro Canal .I’"r‘L\iarnm _._J_._Reudnaven'Cres‘ce_nt_ Jubilee Drive 9><_§ _._ E §8 FJ Miller Park as :_-c Q- C?-'V‘30gCn3 :—i-7-‘? Q_<{R ‘D n (D :5 PF .Sunhaven Drive __~_n Rainbow Crescent DorchesterRoad CONCEPT PLAN MILLENNIUMRECREATIONAL TRAIL SECTION 2Page 205 of 431 Requesting Department:Total Project Division:Cost:1,580,000 Project Name: Project Description: Pre-2021 2021 2022 2023 2024 Opening Balance - Jan. 01 (Surplus)/Deficit Expenditure Forecast Consulting 80,000 75,000 Land/Building Furniture/Equipment Construction: Roads Water Storm Sewers 25,000 Sanitary Sewers Sitework/Landscaping 1,100,000 Contingency 73,478 Other 226,522 TOTAL EXPENDITURES 80,000 1,500,000 - - - Funding Sources Transfer from Operating Transfer from Sewer Transfer from Water Capital SPRs (44,000) OLG Reserve Fund Reserve Funds Development Charges (36,000) (226,522) Debentures Federal/Provincial Gas Tax Federal/Provincial Grants (1,273,478) External Contributions Other TOTAL FUNDING SOURCES (80,000) (1,500,000) - - - Closing Balance - Dec. 31 (Surplus)/Deficit - - Capital Budget Worksheet 2021 - - - - - Municipal Works Parks Millennium Trail Section 2 Development - - - Design funds were approved in 2019 (MW-2019-11). This is the last and final section of the Millennium Recreational Trail to be completed. The design will be completed and tender ready by end of 2020. Construction can be completed in 2021. Page 206 of 431 Location Map Print Date:© City of Niagara Falls 2/23/2021 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. CONNECTING MILLENNIUM TRAIL TO THE NPC PATHWAY SYSTEM ALONG WHIRLPOOL ROAD SECTION 3 (COMPLETED 2015) Niagara Falls Lions Legacy Pathway SECTION 4 (COMPLETED 2011) Paisley Janvary-Pool Pathway SECTION 5 (COMPLETED 2020) Rotary Storywalk Pathway SECTION 6 (COMPLETED 2017) Canada 150 Pathway SECTION 1 (COMPLETED 2001) John McCall MacBain Pathway SECTION 2 (ECD 2021) Final Section of the Millennium Trail MILLENNIUM RECREATIONAL TRAIL MASTERPLAN SHOWING SECTIONS MacBain Community Centre MacBain Community Centre OPG Ontario Power Generation Canal Page 207 of 431 Millennium Recreational Trail Section 2 Communications and Engagement Approach Summary The overall aim of the communications and engagement approach was to inform and engage with key stakeholders, including property owners, residents and trail users. The chart below highlights the range of methods utilized to achieve this. HOW WE ENGAGED WHO WE ENGAGED ONLINE/DIGITAL Let’s Talk Niagara Falls (City’s Online Engagement Platform) The Millennium Recreational Trail (MRT) Section 2 Let’s Talk page was published on March 10, 2021. https://letstalk.niagarafalls.ca/millennium- trail-section-2 Engagement was open for 6 weeks. The Let’s Talk page featured: Section 2 overview and vision Millennium Recreational Trail history and milestones (1993 to present day) Section 2 concept plans, maps and amenities Frequently Asked Questions Open comment box for community feedback During the 6 week timeframe, there were: 33 Engaged Participants This represents participants that submitted a comment to the project team through the Let’s Talk page. 395 Informed Participants This represents participants that took the time to view more information on the Let’s Talk page, including viewing a photo, downloading supporting documents, reading the FAQ, clicking on additional links, etc. 1,200 Aware Participants This represents participants that visited the Let’s Talk page, and didn’t click on additional documents, but gained awareness of the project. Social Media Social Media strategy consisted of a combination of organic and targeted (paid advertising) across all corporate platforms (Facebook, Twitter and Instagram) All posts were used to educate the community about the progress of the Millennium Recreational Trail, and encourage thoughts and opinions to be Collectively, there was a reach of over 16,187 social impressions, resulting in: 586 link clicks 18 shares 28 comments Page 208 of 431 shared via the Let’s Talk Niagara Falls page. 162 reactions/ engagements E-Newsletters and Website The MRT Section 2 project was featured in three e-newsletters: City Monthly News (March 2021) City Monthly News (April 2021) Let’s Talk Niagara Falls (registered participant newsletter) The MRT Section 2 project was prominently featured as a large icon on the homepage of niagarafalls.ca from March 15, 2021 to April 23, 2021. Subscription base of City Monthly newsletter: 6,157 registered Subscription base of Let’s Talk Niagara Falls newsletter: 1,974 registered Homepage icon views (niagarafalls.ca): 136 clicks PRINT Letters to Residents Letters were mailed to property owners in the project area. Property owners directly abutting the OPG Hydro Canal were offered option selection for buffering and fencing. All owners were provided with the opportunity to submit comments to the project team. Residents directly within 120m (400’) of the project were mailed Resident Notices Lawn/Golf Signs These signs brought awareness to the project, engagement opportunities and directed those interested to Let’s Talk to learn more. A total of 25 lawn/golf signs were placed at all entrances of the Millennium Recreational Trail, with the goal to target trail users. Newspaper Advertisements (Niagara Falls Review and Niagara This Week) Newspaper advertisements were included in the City’s routine weekly news ad. Ads were used to educate the community about the progress of the Millennium Recreational Trail, and encourage thoughts and opinions to be shared via the Let’s Talk Niagara Falls page. There were a total of 11 print advertisements between March 19th and April 23rd, 2021. Page 209 of 431 APPROX. 8.5 KM APPROX. 25 KM MILLENNIUM TRAIL COMPLETED POTENTIAL CIRCLE ROUTE, INCLUDING MILLENNIUM TRAIL CONNECTING WITH NPC PATHWAY SYSTEM BIGGER PICTURE IN CONNECTING TRAILS MILLENNIUM TRAIL SECTION 2 PROJECTPage 210 of 431 Page 211 of 431 MW-2021-46 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Operations SUBJECT: MW-2021-46 Lundy’s Lane Cemetery Operations Building Replacement RECOMMENDATION 1. That Council receive this report for information regarding the current condition of the Lundy’s Lane Cemetery Operations Building and required renovation and/or replacement; and further, 2. That Council direct staff to engage an architect to identify and assist in the detailed design of a building replacement alternative with best overall life-cycle value; 3. That upon completion of the detailed design, and where the architect’s construction estimates does not exceed an upset limit of $500,000, Council authorize staff to proceed with the building replacement procurement process as quickly as possible, and to return to Council with the results of this procurement; and further, 4. That the building replacement project costs including the installation of a privacy/security fence to enclose the ‘work space’, soil storage compound, fueling area, and related administrative expenses be included as part of the 2022 Capital Budget. EXECUTIVE SUMMARY The City of Niagara Falls, Cemetery Services owns, operates, manages and/or maintains 24 of the 32 cemeteries within the Municipal Boundary. The City’s second-largest Cemetery, Lundy’s Lane has a moderately sized older structure which houses Operations/Maintenance Staff through the Spring, Summer and Fall, but also continues to serve as the operations centre for winter burials, as well as a layover (i.e. lunch and washroom break) for plow operators. Recent inspections and incidents of the aging facility have identified immediate operational, accessibility and safety deficiencies, requiring significant renovation and/or replacement. Immediate roof repair costs estimated at $30,000 are required in order to continue prevent further damage and mould and mildew formation, and in the very short - term Staff expect further significant repairs of up to $415,000 to this aging building in order to achieve adequate accessibility, and ongoing safe working conditions. Page 212 of 431 2 MW-2021-46 August 10, 2021 In consideration of the lifecycle costs associated with ongoing upkeep of this building, Staff have identified and pursued general estimates for the required renovation of the existing building, as well as the option to replace the existing structure with a modular facility and have found that in the long-term, there is no benefit to maintaining the existing structure. In addition to the lifecycle cost efficiencies, reconstruction of this building offers additional benefits to the City, such as the inclusion of publicly accessible washrooms, improved - layout of storage space, and improved street-scape aesthetics. Therefore, Staff are recommending to Council to immediately begin the design and procurement processes for the building replacement most efficient and economic option available for replacement of the Cemetery Operations Building. BACKGROUND The City of Niagara Falls remains a very traditional market with respect to end of life choices. There remains a high demand for in-ground burial plots (i.e. singles, doubles, triples, etc.) within our cemeteries, and more specifically at the Lundy’s Lane Cemetery. At the same time, families electing cremation as the preferred method of disposition are seeking creative and beautiful alternatives, such as columbarium features, for their loved one’s final resting place. Expansion, restoration and beautification improvements to Lundy’s Lane Cemetery have encouraged the continued use, increa sed sales, and interest in the Cemetery. In the same vein, in keeping with the continued aesthetic improvements of the highly visible Cemetery, and in order to improve operation and maintenance practices, significant upgrades (i.e. renovations/replacement) to the Cemetery Facilities are also required. The current operations facility was constructed in 1948 and includes two large garage bays which house the required maintenance implements (i.e. riding mowers, UTV’s, mini backhoe, trimmers, leaf and snow blowers, etc.) as well as the Cemetery Trailers which are used for funeral services. The building originally was also the location of a cemetery lead hand’s office. Within this space, mapping, contracts, legal documents among other things were stored. Many years ago, administration, including all mapping and legal documents, of all Niagara Falls Cemeteries was moved to the Fairview Cemetery Administration Offices and Storage Areas. The remaining space within the existing building provides staff with a very small and outdated locker room and an equally small and inadequate lunch room. The building also has two small washroom facilities (i.e. men’s and women’s) which are not accessible and very limited in space, making alterations and improvements very difficult. Operationally, the current garage doors are located on the north side of the building which limits space to manoeuvre equipment in and out of the building safely and respectfully (given the proximity of adjacent lots/plots). While general repairs and upkeep have occurred to the structure (i.e. brick pointing, lunch and locker room upgrades, painting etc.), the area around the building has been built up Page 213 of 431 3 MW-2021-46 August 10, 2021 over time which has impacted surrounding drainage causing regular flooding into the building. Furthermore, the adjacent hotel’s flat roof also drains directly onto the asphalt surrounding the facility. As such, during wet weather events and spring thaws, the building is often flooded as water levels rise above the door thresholds. Most recently, portions of the interior garage ceiling collapsed from water penetration identified along the deteriorating and no longer functional chimney, and pinhole leaks in the roof. Once exposed, mold growth was identified, requiring remediation of the facility before staff could return to work. In an effort to expedite the repair and/or replacement of the facility, City staff conducted preliminary research in November 2020 to identify feasible solutions and associated estimates including the following: 1. Completely renovate the existing structure including developing up to date Staff lunch and locker spaces, accessible washrooms and a small workstation. Updates would also include updating the exterior of the structure (i.e. roof, cladding, etc.) to prevent additional water penetration, repositioning the current garage bay doors along the northern wall, to the southern wall of the facility to prevent staff from operating and parking on or near graves. The installation of a new fence to enclose the work area, fuel tanks and new “earth compound”, and a revision to the existing parking spaces would also be included. Site grading and drainage would also be required to prevent ongoing and future flooding of the facility; or 2. Replace the current structure with a “pre fabricated” concrete or “modular” steel structure. This option would not only provide the City with an up to date (and code compliant) structure with the improved storage, garage, staff space and public washroom; it would also allow a complete re-design of southeastern corner of Lundy’s Lane Cemetery, including the relocation of the facility, fuel tanks, new “earth compound” and staff/public parking spaces. As a “clean slate”, this option also allows for the consideration of the design to be incorporated into the landscape and memorial features of the redesign and development of the southwestern corner (i.e. gateway feature, columbarium, etc.). Finally, if in the future (i.e. 2045), this structure is no longer required at Lundy’s Lane Cemetery, it may be relocated for use at another cemetery/park, etc. ANALYSIS/RATIONALE Cemetery Staff are stationed at Lundy’s Lane Cemetery regularly (i.e. Monday – Friday 8 hours/day) beginning in April and ending in November. As such, it is imperative that the repair or replacement process commences immediately to avoid unnecessary additional costs to repair and maintain the aging structure leading into the 2022 season. Currently the roof has a temporary tarp to protect the structure from further water penetration. The roof was identified for replacement during the 2020 Budget deliberations; however, the future of the former Rec Building was unknown, which delayed decisions to replace the roof on the Operations Facility. If the Operations Building Page 214 of 431 4 MW-2021-46 August 10, 2021 was to be renovated, the existing roof would be entirely replaced (sheathing and shingles), however there would remain several significant deficiencies regarding accessibility, layout of the site/structure, building and drainage issues as identified above that would need to be addressed. Staff therefore recommend the replacement of the aging structure in order to reorient the site to allow safer and more efficient operations. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The following provides cost estimates for the three options identified and vetted by City Staff: Option 1 – Renovate the Existing Operations Facility Restore Exterior (i.e. Roof, Chimney, Etc.) $30,000 Renovate Interior $350,000 Resurface and Add Drainage $65,000 Total $445,000 Option 2 – Replace the Existing Structure with a Pre-Cast Concrete Structure Demolish Existing Structure $75,000 Install Slab on Grade $50,000 Resurface and Add Drainage $65,000 Install New Pre Cast Concrete Structure $600,000 Total $790,000 Option 3 – Replace the Existing Structure with a Modular Steel Structure Demolish Existing Structure $75,000 Install Slab on Grade $50,000 Resurface and Add Drainage $65,000 Install Modular Steel Structure $245,000 Total $435,000 Following staff’s initial review of options and costs to repair and/or replace the existing structure, it was determined that the replacement of the existing structure was the most viable. As such, City staff are seeking direction from City Council to pursue, through the RFP process, a consultant to assist in the detailed design and build of a new operations facility and compound. For the purposes of proceeding to next-steps in the procurement of the facility, Staff are recommending to establish an upset limit of $500,000 for the expedited repair of the facility, with a building methodology that provides best life-cycle value. Staff will report back to Council on alternatives prior to tendering should the architects estimates exceed this upset limit. Page 215 of 431 5 MW-2021-46 August 10, 2021 CITY’S STRATEGIC COMMITMENT The recommendations contained within this report are in keeping with the following strategic commitments; economic vitality, financial stability and, customer service excellence. LIST OF ATTACHMENTS Attachment 1 – Aerial of Lundy’s Lane Cemetery and Project Area (Operations Centre) Attachment 2 - Photos of Current Facility (i.e. Lunch Room, Washrooms, Office, etc.) Attachment 3 - Illustration of Pre-Cast Concrete Replacement Attachment 4 – Spec. Sheet of Modular Replacement Option Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Richardson Page 216 of 431 Lundy’s Lane CemeteryProject Area – Lundy’s Lane Operations Centre Page 217 of 431 Approximate Dimensions of Existing Building : 36 x 52 Existing Structure and Proposed Area For Design Area to develop parking, earth compound and outdoor storage Page 218 of 431 Lundy’s Lane Cemetery –Operations Facility –South Facing WallPage 219 of 431 Lundy’s Lane Cemetery –Operations Facility –North Facing WallPage 220 of 431 Lundy’s Lane Cemetery –Operations Facility –Fuel Tanks & Area for Expansion (South)Page 221 of 431 Lundy’s Lane Cemetery –Operations Facility –Parking Lot Following a Light RainPage 222 of 431 Lundy’s Lane Cemetery –Operations Facility –Office Access (South Wall)Page 223 of 431 Lundy’s Lane Cemetery –Operations Facility –Office & Locker RoomPage 224 of 431 Lundy’s Lane Cemetery –Operations Facility –Garage BayPage 225 of 431 Lundy’s Lane Cemetery –Operations Facility –Lunchroom & Locker RoomPage 226 of 431 Lundy’s Lane Cemetery –Operations Facility –WashroomsPage 227 of 431 EQUIPMENT ROOM/STORAGE Lundy's Lane Cemetary Proposal 7489 Lundy's Ln, Niagara Falls, ON L2H 1K7 UNIVERSAL WASHROOMLUNCH ROOM/ LOCKER ROOM MECHANICAL CHASE Page 228 of 431 Page 229 of 431 44 x 26 (1144sqft) Service Building Features: •Double Garage Door with 676sqft garage storage •Public (Barrier-free) washroom with outside access •Private Staff washroom (access from inside) •Kitchenette with open concept staff area •Inside access to and from garage/staff room •Built exceeding Canada National building code •Built off-site, no site disturbance during construction phase •Delivery and Installation •Operational in 3 months Cemetery property staff and utility Building Page 230 of 431 Building Specifications: •Steel Frame construction •Fully insulated •Concrete flooring throughout •Aluminum window/door framing •Heating/cooling System (ceiling diffusers) •11’ garage bay doors •3’ stone cladding with metal “wood” siding •Plumbing / Electrical with LED lighting •2 month construction / 1 week on-site work Estimated budget: $200-$215/SQFT (based on choice of exterior cladding) Modularium Structures Inc. 4410 Paletta Court, Unit D Burlington, Ontario Canada (416)824-0321 suad@modulariums.com Concept and budgeting provided by: Suad Cejvanovic Creative Director, Modularium Structures Inc. www.MODULARIUMS.com We work closely with all of our clients to ensure that our buildings meet the specific needs of our clients; involving them in every aspect of the design phase- from building size to selecting material finishes and colour schemes...creating their own unique building. Page 231 of 431 MW-2021-48 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Transportation Services SUBJECT: MW-2021-48 Recommended Parking Fine Increase, Effective January 1, 2022 RECOMMENDATION 1. That Council support the recommended parking fine increases noted in this report, effective January 1, 2022; and further, 2. That Council direct staff to include these recommended parking fine increases in the Schedule of Fees for 2022, which will be presented to Council at an upcoming meeting for formal approval. EXECUTIVE SUMMARY At its meeting on February 9, 2021, Council was presented with staff report MW -2021-13 which recommended an increase to parking fines effective immediately for the City of Niagara Falls. As a result of the ongoing and unknown financial impacts of the COVID- 19 pandemic on the City’s residents and businesses; Council elected to defer the fine increases until a later date when the City started to recover from the pandemic and the economy/businesses started to reopen. Staff recommend that the parking fine increases presented in Attachment #1 of this report are fair and consistent, and will bring the City of Niagara Falls in line with other local area municipalities and agencies. Going forward parking fines will be reviewed on a regular basis, and expected to be increased every four to five years. Although an increase in parking fines may appear to be financially challenging for some, it is important to note that these are fines for unlawful activities, not fees, and that there are existing programs in place to assist City residents through the issuance of warning tickets with zero financial impact on the vehicle owner. Upon the direction of Council, several years ago City parking enforcement began issuing warning for a number of unsigned and unfamiliar regulations in the hopes to educate the public, improve compliance, and to avoid unexpected penalties. These types of violations are often committed unintentionally by the public and warning tickets serve as a better method of communication that such regulations exist. Page 232 of 431 2 MW-2021-48 August 10, 2021 BACKGROUND Parking rate fines have not changed for over twenty years with the last fine increase occurring in 2000. As cost of parking increases so should the rate of penalty fees to maintain that a fine serves as a deterrent to illegal parking and address public safety concerns. It is also important to note that with the increased costs and demand for parking spaces, tourists and locals will take their chances to park illegally and get a lower fine ticket, rather than paying a higher amount for special event parking when visiting Niagara Falls. Parking fines are structured based on the level of public safety concerns related to the event. Expired meters being among the lower penalties and fines related to impeding traffic or safety to the public having a higher fine value as a greater deterrent to the motorist. ANALYSIS/RATIONALE Parking rates and fines should be reviewed regularly to determine cost effectiveness, supply and demand needs and municipal best practices. Previously, Council requested a comparison of parking fines from other local area municipalities and agencies to ensure the recommended rates were fair and consistent. The table below provides a comparison of other local and comparator municipalities, and their current fine rates for parking infractions. Parking Fine Type Expired Meter No Parking No Stopping Niagara Falls $20.00 $25.00 $50.00 St. Catharines $20.00 $30.00 $48.00 Thorold $25.00 $50.00 $50.00 NOTL $25.00 $30-$40 $50.00 Niagara Parks Commission $30.00 $30.00 $30.00 Guelph $30.00 $35.00 $45.00 London $30.00 $40.00 $60.00 Hamilton $24.00 $33.00 $75.00 Recommended New Fines $25.00 $30.00 $60.00 Staff are recommending the increases by type noted above, and as shown in Attachment #1, with exception “obstructing a fire hydrant” fine increase from no parking fine regulation rate to a no stopping regulation rate being considered a higher level safety concern to the public in line with other municipalities. Although an increase in parking fines may appear to be financially challenging for some, it is important to note that there are existing programs in place to assist City residents through the issuance of warning tickets with zero financial impact on the vehicle owner. Page 233 of 431 3 MW-2021-48 August 10, 2021 Upon the direction of Council, several years ago City parking enforcement began issuing warning for a number of unsigned and unfamiliar regulations in the hopes to educate the public, improve compliance, and to avoid unexpected penalties. These types of violations are often committed unintentionally by the public and warning tickets serve as a better method of communication that such regulations exist. These unsigned regulations are often misunderstood, such as: parking a vehicle longer than 12 hours on any city street, parking too close to the edge of or over onto a roadway, parking a vehicle more than 12 inches from a curb, parked facing the wrong way. City parking service maintains this system of warnings in hopes the practice will continue to assist the residents understanding as well as using the MyCity guide annually to share information on unfamiliar bylaws. Consequently, Staff believe the recommendation for increase in fines remain justified at this time given the generous graces already offered through the warning practices. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff estimate that a January 1, 2022 implementation of parking fine increase would result in approximately $85,000 potential revenue based pre-pandemic (2018/2019) ticket issuance statistics and can be allocated in the 2022 operating budget. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Provide a convenient, cost effective and customer friendly parking system based on the User Pay Philosophy. LIST OF ATTACHMENTS Attachment #1 - Parking Fines Rates (Current and Recommended) Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer P.Brown Page 234 of 431 MW-2021-48 August 10, 2021 Attachment #1 - Parking Fine Rates (Current and Recommended) Fine Type / Violation Administrative Penalty Fine (Current) Fine (Recommended) (STOP/STAND/PARK) FACING WRONG WAY $25.00 $30.00 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $25.00 $30.00 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $50.00 $60.00 (STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A ONE-WAY HIGHWAY $50.00 $60.00 (STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE WAY HIGHWAY $25.00 $30.00 (STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A ONE-WAY HIGHWAY $25.00 $30.00 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $25.00 $30.00 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $25.00 $30.00 (STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER VEHICLE $50.00 $60.00 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $25.00 $30.00 (STOP/STAND/PARK)A LARGE MOTOR VEHICLE IN A RESIDENTIAL AREA $50.00 $60.00 STOP ON/OVER/PARTLY ON SIDEWALK $50.00 $60.00 STOP WITHIN AN INTERSECTION $50.00 $60.00 STOP ON OR BESIDE A MEDIAN $50.00 $60.00 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $50.00 $60.00 STOP WITHIN A CROSSWALK $50.00 $60.00 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $50.00 $35.00 PARK ON BOULEVARD WHERE PROHIBITED $25.00 $30.00 STOP WHERE PROHIBITED BY SIGN $50.00 $60.00 STAND NEAR DESIGNATED BUS STOP $50.00 $60.00 STAND WHERE PROHIBITED BY SIGN $50.00 $60.00 PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR DRIVEWAY $25.00 $30.00 PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF ROADWAY $25.00 $30.00 PARK FOR SERVICING OTHER THAN EMERGENCY $25.00 $30.00 PARK WITHIN 10M OF AN INTERSECTION $25.00 $30.00 PARK WITHIN 3M OF A FIRE HYDRANT $25.00 $60.00 PARK FOR MORE THAN 12 HOURS $25.00 $30.00 PARK ON AN INNER BOULEVARD $25.00 $30.00 PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY,DRIVEWAY OR CURB CUT/DEPRESSED CURB $25.00 $30.00 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $25.00 $30.00 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $25.00 $30.00 PARK ON BOULEVARD $25.00 $30.00 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $80.00 $90.00 PARK A HEAVY VEHICLE ON A BOULEVARD $80.00 $90.00 PARK IN A CUL-DE-SAC $25.00 $30.00 PARK WHERE PROHIBITED BY SIGN $25.00 $30.00 PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY SIGN $25.00 $30.00 Page 235 of 431 MW-2021-48 August 10, 2021 Fine Type / Violation Administrative Penalty Fine (Current) Fine (Recommended) PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $20.00 $25.00 PARK NOT ADJACENT TO METER $25.00 $30.00 ANGLE PARK AT METER - WRONG DIRECTION $25.00 $30.00 PARKED OUTSIDE METERED SPACE $25.00 $30.00 PARK IN OCCUPIED METER SPACE $25.00 $30.00 PARK AT COVERED METER $25.00 $30.00 DEPOSIT UNLAWFUL COIN IN PARKING METER $25.00 $30.00 PARK OVER TIME LIMIT - METERED ZONE $20.00 $25.00 PARK AT EXPIRED METER $20.00 $25.00 PARK AT EXPIRED METER DESIGNATED STREETS $12.00 $15.00 (STOP/STAND/PARK) TAXI CAB IN METERED PARKING SPACE $25.00 $30.00 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $25.00 $30.00 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $50.00 $60.00 STOP A MOBILE CANTEEN WHERE PROHIBITED $50.00 $50.00 STAND AT A TAXI STAND $40.00 $50.00 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $50.00 $60.00 STOP IN LOADING ZONE $50.00 $60.00 PARK – PRIVATE PROPERTY WHERE PROHIBITED BY SIGN $25.00 $30.00 PARK – CITY PROPERTY WHERE PROHIBITED BY SIGN $25.00 $30.00 PARK ON DAYS OR TIMES NOT PERMITTED $20.00 $25.00 PARKED LONGER THAN PERMITTED BY METER $20.00 $25.00 PARK DISPLAYING EXPIRED TICKET $20.00 $25.00 PARK DISPLAYING NO TICKET $20.00 $25.00 PARKED WITHOUT A VALID PERMIT $25.00 $30.00 Page 236 of 431 MW-2021-49 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: Report MW-2021-49 4500 Park Street Building Decommissioning & Soil Remediation – Construction Update RECOMMENDATIONS 1. That Council receive Report MW -2021-49 regarding a Construction Update for 4500 Park Street Building Decommissioning & Soil Remediation; and further, 2. That Council authorize the additional contractual expenditures and change orders totalling approximately $938,125.47 including the City’s share of applicable HST as a result of unexpected additional subsurface remediation necessary in order to accomplish full site remediation to a residential standard; and further, 3. That Council pre-approve a capital expenditure in the amount of $636,135.40 to be included in the 2022 capital budget for the purposes of completing this project. EXECUTIVE SUMMARY Following approval by Council of the contracts for remediation and environmental oversight for the 4500 Park Street Property on April 20, 2021, work has been progressing aggressively in mid-to-late July. Unfortunately, as work progresses, a significantly larger than expected volume of buried contaminated soils and other materials have been discovered due to the long history of unique prior uses of this property (distillery, fuel - storage, fuel-dispensing, machinery repair, coal boiler, railway tracks , etc.). Consequently the original budget estimate found in the April 20, 2021 report of $1,068,009.93 is now more likely to be $2,006,135.40 which exceeds the approved contract amounts by $938,125.47 and exceeds the 2020/2021 Capital Budget allocations of $1,370,000 by $636,135.40. Staff are recommending Council approve the additional contractual expenses necessary to remediate this site and the corresponding pre- approval for the budget variance estimated at $636,135.40 from the 2022 capital budget. BACKGROUND One of Council’s key priorities is the provision of a strong and diverse housing market that includes affordable and accessible housing opportunities for all City of Niagara Falls residents. Page 237 of 431 2 MW-2021-49 August 10, 2021 In May of 2019, in an effort to “jump start” the City’s objective of providing a dive rse and affordable housing market, Council authorized Staff to enter into a partnership with the Region and Niagara Housing to work on a project that would provide 200 – 300 affordable housing units. The selected location is 4500 Park Street which is currently a City-owned parking lot and site of the former Niagara Falls Farmer’s Market. In 2018, Dragun Corporation (Dragun) was retained by the City of Niagara Falls to complete Environmental Site Assessments in support of remediating the site and ultimately obtaining a Record of Site Condition (RSC). The results of their assessments confirmed the presence of various petroleum impacts and metals contamination in the soils, as well as evidence of past undergro und storage tanks (UST’s). Since the property was previously used for commercial purposes, a RSC is required to permit the proposed residential land use. On April 20, 2021 Council awarded a tender to Baiocco Construction in the amount of $733,800.87 plus applicable HST for the remediation of the former Market Square and Parking Lot property known municipally as 4500 Park Street. At this meeting Council also approved the necessary contract administration, inspection and environmental oversight during construction be direct appointed to Dragun Corporation in the amount of $191,600 plus applicable HST. The overall project expenditures were estimated at that time to be $1,068,009.93 including contingencies. ANALYSIS/RATIONALE Prior to commencing this environmental remediation project, Phase One and Phase Two Environmental Site Assessments were undertaken by Dragun. The purpose of these studies was to identify and investigate soil and groundwater quality in areas of potential environmental concern throughout the property. Despite an extensive pre-construction investigation including the advancement of eleven (11) boreholes, eight (8) test-pits, three (3) groundwater monitoring wells and the analysis of over fifty (50) soil samples, the extent of subsurface contaminated soils currently being excavated at the site has been found to greatly exceed initial estimates, and other environmentally sensitive materials have also been discovered . The following is a list of some of the major items contributing to additional costs on this project: 1. Underlying soil contamination is deeper than expected in areas that were not sampled as part of the investigative work prior to construction. 2. Fill, rubble and other debris has been found throughout the site, even in areas undetected by sampling. Fill and rubble is inseparable from adjacent clean soils and therefore all this material must be excavated, removed from site and disposed as construction waste at a licensed landfill. The costs of disposing of construction waste are significantly higher than soils. Page 238 of 431 3 MW-2021-49 August 10, 2021 3. Discovery of a former railway corridor that was undetected by samp ling. Century-old railway ties, steel rails and impacted surrounding soils must be removed from the site disposed at a licensed facility. 4. Increasing Soil Disposal Costs – The primary waste receiver for this site is Walker Industries Landfill. Prior to hauling materials to the landfill, the contractor was required to obtain approval for each type of waste they intended to haul there. Approval was granted for a total of 8,500 metric tonnes of soil and 2,000 metric tonnes of construction waste. Due to the large amount of fill and rubble mixed with the soils, most of the material was classified as construction waste. As a result, the maximum allowable quantity of construction waste that the landfill would accept was met as of July 28th and thus the balance of material must be sent elsewhere. Additional expenses are required for trucking and tipping fees for the nearest available landfill in Hamilton. 5. Verification samples taken from excavations on site indicate that remediation will be required directly beneath a live hydro transmission line. In consultation with NPEI, it has been determined that excavation efforts beneath the hydro line must be done through more labour-intensive means in order to not cause damage to the line or pose a health and safety risk. The additional quantities of soils/construction waste and specialized excavation equipment for working around the hydro line have all contributed to significant extra costs on this capital project. Remediating a former commercial site to a residential standard requires a high degree of care and effort. In order to meet the requirements for a RSC for the proposed future residential land use, remediation efforts must continue in accordance with the applicable environmental laws and regulations. FINANCIAL/STAFFING/LEGAL IMPLICATIONS An amount of $500,000 was approved for this project in the 2020 Capital Budget and an additional $800,000 was approved in the 2021 Capital Budget for a total of $1,300,000. In 2019, funding was approved in the amount of $70,000 for the demolition of the existing market building at the site. Therefore, there was a combined total of $1,370,000 available for this capital project at the commencement of construction. As reported in MW -2021-28 the total project cost was initially expected to be approximately $1,068,009.93. Due to the large quantities of additional impacted materials found buried at the site, it is estimated that an additional $636,135.40 will be required to complete this capital project bringing the total approved funding to $2,006,135.40. Page 239 of 431 4 MW-2021-49 August 10, 2021 Summary of Expected Costs: Initial Estimate Revised Estimate - Capital Construction: $ 733,800.87 $1,655,702.87 - Consulting Services: $ 191,600.00 $ 191,600.00 - Materials Testing: $ 40,000.00 $ 40,000.00 - Liquids Disposal: $ 15,000.00 $ 15,000.00 - Utility Disconnections: $ 20,000.00 $ 20,000.00 - City-Share HST: $ 17,609.06 $ 33,832.53 - Contingency: $ 50,000.00 $ 50,000.00 Total $1,068,009.93 $2,006,135.40 CITY’S STRATEGIC COMMITMENT Advancing this initiative forward meets the intent of Council’s Strategic Priorities related Diverse and Affordable Housing, specifically to “Work with private sector, senior government, school boards and non-profits to facilitate the delivery of affordable housing units on both City-owned and third party land”. ATTACHMENTS N/A Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 240 of 431 PBD-2021-40 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-40 26T-11-2019-003, Draft Plan of Subdivision Modification to Draft Plan Approval 6642 St. Thomas More Drive Part of Lot 158, Township of Stamford Applicant: 1956662 Ontario Inc. Agent: Corbett Land Strategies Inc. (Candice Hood, John Corbett) RECOMMENDATIONS 1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on this afternoon’s agenda to deem the changes requested by 1956662 Ontario Inc. to the Draft Plan of Subdivision and draft plan conditions for Part of Lot 158 to be minor; and determine that no further notice is required; 2. That the modified Plan of Subdivision be draft approved subject to the modified conditions in Appendix A; and, 3. That the Mayor or designate be authorized to sign the modified 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. EXECUTIVE SUMMARY Council approved the Draft Plan of Subdivision on May 12, 2020. 1956662 Ontario Inc. is requesting Council to consider passing a resolution to allow minor modifications to the approved Draft Plan of Subdivision and revisions to the conditions of draft plan approval. The following modifications to the plan are requested: to phase the subdivision to recognize as Phase One 12 on-street townhouse units adjacent to Carlton Street and as Phase Two 18 detached lots on St. Thomas More; and, to shift the Phase One westerly lot line 7 m westerly to provide a greater rear yard depth and lot area for the on-street townhouse units. The revision to the conditions of draft plan approval are requested to recognize that the conditions of draft plan approval are applicable for both Phases 1 and 2. Planning staff recommends the request for modifications to the draft plan and the revisions to the draft plan conditions for the following reasons: The minor changes do not impact any Provincial policies; The proposed development continues to conform to the Official Plan regarding the density proposed and the mix of housing types; Page 241 of 431 2 PBD-2021-40 August 10, 2021 The modification will allow the developer to proceed with development of Phase 1 at this time and the development of Phase 2 at a later date when the private school use on the Phase 2 portion ceases; The proposed development conforms with the zoning of the parcel; and, City, Region, and agency interests will continue to be addressed through the fulfillment of the conditions in Appendix A. BACKGROUND Proposal On May 12, 2020 (PBD-2020-17), Council approved applications for a Zoning By-law Amendment (AM-2019-017) and Draft Plan of Subdivision (26T-11-2019-003) for this parcel of land located west of Carlton Avenue, east of Dorchester Road, and north of Dunn Street (see Schedule 1 for location and Schedule 2 for the draft approved plan). Council approved the requested zoning by-law amendment to change the zoning of the subject land to a site specific Residential 1C Density (RIC-1122) zone to allow for the development of 18 detached lots, and recognize the existing private school, and the Residential Mixed (R3) zone to allow for the development of 12 on-street townhouse units. The draft plan was also approved for three years. The existing draft plan approval lapses on June 19, 2023. On July 14, 2020 (PBD-2020-45), Council approved an application to delete condition 14, now condition 15 (requiring installation of an automatic sprinkler system in all residential units). The applicant now wishes to make minor modifications to the approved draft plan. The following modifications to the plan are requested: to phase the subdivision to recognize as Phase One, 12 on-street townhouses adjacent to Carlton Street and, as Phase Two, 18 detached lots on St. Thomas More Drive; and, the Phase One westerly lot line be moved 7 m westerly to provide a greater rear yard depth and lot area for the on-street townhouse units. The specific changes will allow the on-street townhouses in Phase 1 to be developed first and the detached dwellings in Phase 2 to be developed at a later time when the private school use on this phase ceases; and, it will provide additional lot depth and area for Phase 1 to permit the development of 12 on-street townhouse units. The revisions to the conditions of draft plan approval are requested to recognize that the conditions of draft plan approval are applicable for both Phases 1 and 2. The revisions will result in the draft plan conditions being applicable for both phases of the development. Typically, changes to a draft plan and draft plan conditions would require written notice under the Planning Act, however subsection 51(47) of the Planning Act, 1990 R.S.O allows a municipality to forgo the requirement of circulation of a written notice if Council deems the changes to be minor. If Council approves the modification to the draft plan of subdivision and draft plan conditions it would still be subject to all the normal Planning Act requirements for appeal rights. Page 242 of 431 3 PBD-2021-40 August 10, 2021 ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions comply with Provincial policies. The proposed development is within the Built-Up Area and will assist the City in meeting the target of 40% of all residential development occurring annually within this area. In addition, it offers a range of housing options to residents. As such, the proposed development continues to comply with applicable Provincial policies. 2. Official Plan The subject lands are designated Residential in the City’s Official Plan. The proposed development conforms to Official Plan policies as it has a density of 17 units per hectare and is compatible in terms of height and massing with the surrounding neighbourhood. 3. Zoning By-law The revised draft plan complies with the site specific R1C-1122 and R3 zoning in effect on the land. 4. Subdivision Design and Conditions of Approval The revised plan of subdivision has not amended the type or number of units, the proposed extension of St. Thomas More Drive, and the driveway accesses for the on- street townhouse units to Carlton Avenue. The minor changes to have draft plan conditions applicable for each phase of development will not affect City, Regional, or agency conditions. The revised conditions are included in Appendix A. The revisions are shown in bold. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed development is consistent with the Diverse and Affordable Housing Strategic Priority in that it provides an additional housing option in this area. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Approved Draft Plan Schedule 3 – Modified Draft Plan Appendix A – Conditions for Draft Plan Approval Page 243 of 431 4 PBD-2021-40 August 10, 2021 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer J. Hannah: cv Attach. S:\PDR\2021\PBD-2021-40, Redline Revisions to Draft Plan Approval (St. Thomas More).docx Page 244 of 431 5 PBD-2021-40 August 10, 2021 SCHEDULE 1 (Location Map) Page 245 of 431 6 PBD-2021-40 August 10, 2021 SCHEDULE 2 (Layout, as approved) Page 246 of 431 7 PBD-2021-40 August 10, 2021 SCHEDULE 3 (Proposed layout) Page 247 of 431 8 PBD-2021-40 August 10, 2021 APPENDIX A REVISED Conditions for Draft Plan Approval 1. Approval applies to the St. Thomas More Drive Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood-Kerry T. Howe Surveying Limited, dated January 27, 2020, revised May 26, 2021, showing 18 lots for single detached dwellings and a block for 12 on-street townhouse dwelling units. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The registration of the plan shall proceed in two phases to the satisfaction of the City. A separate Subdivision Agreement will be required for each phase. 5. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) Roadways and sidewalks constructed to municipal requirements and the proposed road allowances be dedicated as public highways; (b) Proposed extension of St. Thomas More Drive to be dedicated as public highway; (c) Carlton Avenue to be reconstructed full width and for the length fronting the subject property at the Developer’s expense; (d) The streets named to the City’s satisfaction; (e) The developer must ensure that must ensure that the existing municipal infrastructure will adequately service the development as proposed. This shall include hydrant flow testing to be conducted at the Developer’s expense and in coordination with a City Certified Water Operator (CWO). The results of the flow testing shall be included in a Functional Servicing Report and submitted to Engineering Services for review; (f) The existing 150mm diameter CI municipal watermain on St. Thomas More Drive shall be cut, capped and blocked at the Dorchester Road; (g) A new PVC watermain of sufficient diameter to service the proposed single detached dwellings lots on St. Thomas More Drive shall be installed from the existing 300mm diameter main on Dorchester Road to the east limit of the proposed road extension; (h) Each of the on-street townhome lots shall be individually serviced from the existing CI watermain on Carlton Road provided this main is sufficient to service the proposed development; Page 248 of 431 9 PBD-2021-40 August 10, 2021 (i) The Developer must ensure that the existing municipal infrastructure will adequately service the development as proposed and include all necessary supporting documentation within the Functional Servicing Report to be submitted to Engineering Services for review; (j) In accordance with the City’s Certificate of Approval (No. 5404-56FS7V) the Developer must demonstrate a net reduction in flows contributing to the existing combined sewer on Dorchester Road, post development and include supporting documentation within the Functional Servicing Report; (k) Each of the on-street townhome lots shall be individually serviced from the existing PVC sanitary sewer on Carlton Road provided this sewer has sufficient capacity for the proposed development; (l) Provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment, Conservation and Parks (MECP) Guidelines and City Standards; (m) The Developer must control post-development peak stormwater flows to the pre-development rate for the five (5) year design storm and include all necessary supporting documentation within a Stormwater Management Report to be submitted to Engineering Services for review; (n) Any stormwater flows currently conveyed to the existing combined sewer on Dorchester Road must be removed and redirected to a suitable outlet; (o) The Functional Servicing Report shall speak to the impact of advancing the development in two phases specifically as it relates to the overall site servicing, grading and drainage; (p) All existing site servicing must be identified and included on the general site servicing plan; (q) Testing of the watermains shall be completed in the presence of a Certified Water operator using the City’s Watermain Commissioning Checklist; (r) Submission of the hydrant coverage drawing to ensure adequate fire protection; (s) Weeping tile be connected to the storm sewer system via sump pumps and all rainwater leaders outlet to grade and be directed to the front/rear yards; (t) Provision of an overland stormwater flow route shall be directed to the municipal right-of way for major storm events and constructed in accordance with the MECP guidelines and City Standards; (u) Application of the City’s Lot Grading and Drainage Policy in accordance with the City Standards; (v) The street lighting shall be designed in accordance with the City’s specification (as amended April 2016); (w) Lighting designs to be prepared by a professional engineer to the minimal IESNA RP8- 14 standard. Photometric plans to be submitted, demonstrating zero impact on neighbouring properties; (x) Streetlighting to be constructed in accordance with the approved design and at the Developer’s expense for the full length of St Thomas More Drive; (y) The Developer shall replace the length of existing concrete sidewalk fronting the subject property on Carlton Avenue with a new 1.5 metre wide sidewalk, designed and constructed to City standards; Page 249 of 431 10 PBD-2021-40 August 10, 2021 (z) The developer provide to the City all proposed site servicing, grading and photometric plans for the subject property for review and acceptance prior to the start of construction; (aa) The developer provide plan and profile drawings for all proposed infrastructure additions and/or upgrades to be constructed within the municipal road allowance as may be necessary to service the new development, for review and acceptance prior to start of construction; and (bb) All plans/engineering drawings shall be stamped and signed by a qualified professional engineer licensed to practice engineering in Ontario. 6. The developer submit a Geotechnical Report prepared by a Soils Consultant to the satisfaction of Municipal Works. 7. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement (18 single lots and 12 townhouse dwelling units) as per the City’s Development Charges By-law No. 2019-69. 8. The developer grant the City and public utility companies any easements required to service the subdivision. 9. The developer submit the digital data and contract documents in accordance with the City CAD standards, and itemized in accordance with the City Schedule of Quantities and Unit Prices format. 10. The developer pay the required fees for Enginee ring Inspection and Administration for the subdivision. 11. The Developer’s engineering consultant shall provide written certification that the works completed conform to the City’s Accepted Drawing set and that construction is completed in accordance with the NPSCD and City construction specifications 12. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy. 13. The developer submit a landscape plan showing landscaping, fencing and entry features to the satisfaction of Parks Design. 14. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 15. The developer installs an automatic sprinkler system in all residential units, due to lack of a secondary emergency access and the single access route exceeding 90 metres in accordance with NFPA 13 D. DELETED Page 250 of 431 11 PBD-2021-40 August 10, 2021 16. That parking restrictions be imposed on one side of the road within residential cul- de-sac to Fire Services satisfaction. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer. 17. The developer submit servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. 18. That adequate water supply for the firefighting purposes shall be immediately available and accessible with sufficient volume and/or flow to facilitate firefighting operations prior to the construction of buildings. 19. The developer receive final approval of the Zoning By-law amendment to provide regulations to guide the development of the subdivision. 20. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 21. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 22. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is not available, the developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for the above noted connection, the developer shall be required to demonstrate to the satisfaction of the municipality that sufficient alternative communication/telecommunication facilities will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 23. The developer determine the location of all Community Mail Boxes (CMBs) with Canada Post, and that the location of CMB’s be identified on appropriate maps, information boards and plans in the sales office prior to offering any units for sale. 24. The developer agree in the Subdivision Agreement, in words satisfactory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property. 25. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. Page 251 of 431 12 PBD-2021-40 August 10, 2021 26. The developer satisfy all requirements of Canada Post regarding concrete pad s for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. 27. The developer contact Enbridge Gas Distribution’s Customer Connections Department by emailing SalesArea80@enbridge.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. NOTE: If a 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. 28. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 29. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. 30. Prior to Hydro One Networks Inc. (HONI) providing its final approval, the deve loper must make arrangements satisfactory to HONI for lot grading and drainage. Digital copies of lot grading and drainage plans (true scale), showing existing and final grades, must be submitted to HONI for review and approval. Drawings must identify the transmission corridor, location of towers within the corridor. Drainage must be controlled and directed away from the Ontario Infrastructure & Lands Corporation (OILC)/HONI transmission corridor. 31. Any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or moulding of earth, snow or other debris on the transmission corridor. 32. Temporary fencing must be installed along the transmission corridor, at the developer’s expense, prior to the start of construction and a permanent fencing must be erected along the common property line after construction is completed. 33. The cost of any relocation or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilitates thereon resulting from construction of the subdivision. 34. HONI’s letter of November 21, 2017 and the conditions contained therein, should in no way be construed as permission for or an endorsement of proposed location(s) for any road crossing(s) contemplated for the proposed development. This Page 252 of 431 13 PBD-2021-40 August 10, 2021 permission may be specifically granted by OILC under separate agreement(s). Proposals for any secondary land use including road crossings on the transmission corridor are processed through the Provincial Secondary Land use Program (PSLUP). HONI, as OILC’s service provider, will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should future approval for a road crossing be granted, the subdivider shall then make arrangements satisfactory to OILC/HONI for the dedication and transfer of the proposed road allowance directly to the City of Niagara Falls. Access to and road construction on the OILC/HONI transmission corridor is not to occur until the legal transfer(s) of lands or interest are completed. 35. The developer is advised that the transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 188 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet) and for 115kV conductors is 3 metres (10 feet). It is the developer’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distances specified in the Act. They should also be aware that the conductors can rise and lower without warning, depending on the electrical demand placed on the line. 36. That a Stage 1 Archaeological Assessment be submitted to the Ministry of Tourism, Culture and Sport (MTCS) for review and approval. The report must be accepted by the MTCS, to the satisfaction of Niagara Region, prior to clearance of this condition. If the consultant recommends / the MTCS requires further Archaeological Assessments, these report(s) must also be submitted to and accepted by the MTCS, to the satisfaction of Niagara Region, prior to clearing this condition. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MTCS confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 37. That the following clause be included in the subdivision agreement: "Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately , notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (MTCS) (416-212-8886) and a licensed archaeologist (developer’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326-8392), must be contacted. In the situations where human remains are associated with Page 253 of 431 14 PBD-2021-40 August 10, 2021 archaeology resources, MTCS should be notified to ensure that the site is not subject to unlicensed alteration which would be a contravention of the Ontario Heritage Act. 38. That the developer provides a written acknowledgement to Niagara Region Planning and Development Services Department stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre - servicing will be at the sole risk and responsibility of the developer. 39. That the developer provides a written undertaking to Niagara Region Planning and Development Services Department stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of the subdivision shall contain a clause indicating that servicing allocation for the subdivision will not be assigned until the plan is registered, and a similar clause be inserted in the subdivision agreement between the developer and the City. 40. That prior to final approval for registration of this plan of subdivision, the developer shall submit the design drawings [with calculations] for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Compliance Approval under the Transfer of Review Program. 41. That verification of the available wet weather sanitary capacity in the South Niagara Falls system required to accommodate development, be submitted for review and approval by the Niagara Region and City of Niagara Falls. Based on the information submitted, the Region/City may be requiring flow monitoring conditions be included in the agreement to verify that the estimated wet weather flows are being met in the field after construction of the sanitary sewers and before assumption by the City. If the verification is unsuccessful, mitigation measures may be required. In order to satisfy the condition regarding the requirement for verification of the available wet weather capacity, the Region will require that the applicant submit a Sanitary Sewer Servicing Design Brief. This brief must contain the following calculations: (a) Estimated dry weather flow from the proposed development calculated on the current City of Niagara Falls design standards for number of people per unit and estimated flow per person. (b) Estimated wet weather flow (at the beginning of the sanitary sewers lifecycle) from the proposed development based on the OPSS 410, which requires testing of public side sewers with allowable leakage of 0.01 L/s/ha (22 L/c/d or 0.075 L/mm/100m of sewer per hour). If post flow monitoring is complete, this will be the acceptable level of wet weather flow portion for the new sanitary system; (c) Estimated wet weather flow (at the end of the sanitary sewers lifecycle) long term wet weather flow from the proposed development with a maximum infiltration allowance of 0.286 L/s/ha; (d) If the development is to be phased the calculations should be completed for each phase and the timing of the phases should be detailed in the brief. Page 254 of 431 15 PBD-2021-40 August 10, 2021 42. That prior to any on-site grading, the developer submits a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to the Niagara Region for review and approval: (a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; (b) Detailed erosion and sedimentation control plans; and, 43. That the subdivision agreement contains provisions whereby the developer agrees to implement the approved plan(s) required in accordance with the condition above. 44. That the developer ensure that all streets and development blocks can provide an access in accordance with the Regional Municipality of Niagara Corporate Policy and By-laws relating to the curbside collection of waste and recycling. 45. That the developer comply with the Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection. Notes Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. 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 subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Page 255 of 431 16 PBD-2021-40 August 10, 2021 Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Legal Services for Conditions 2 and 3 Municipal Works for Conditions 4 to 11 inclusive, and 18 Landscape Architect for Conditions 12 to 14 inclusive Transportation Services for Condition 4 Fire Services for Conditions 16 to 18 Inclusive Planning and Development Services for Conditions 19 to 21 inclusive Bell Canada for Condition 22 Canada Post for Conditions 23 to 26 inclusive Enbridge Gas Distribution Inc. for Conditions 27 to 29 inclusive Hydro One Networks Inc. 30 to 31 inclusive Regional Municipality of Niagara for Conditions 36 to 45 inclusive Page 256 of 431 PBD-2021-43 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-43 AM-2019-022, Official Plan and Zoning By-law Amendment Application 5359 River Road and 4465 Eastwood Crescent (Grandview Inn and Proposed Satellite Accommodation) 5411 River Road (Proposed Vacation Rental Unit) Proposal: Proposed Hybrid Inn providing Satellite Accommodation in Conjunction with the Inn and a Vacation Rental Unit Owners: 5399 River Road: 11409433 Canada Inc. (Richard Xue) 4465 Eastwood Crescent: 1907782 Ontario Inc. (John Pinter) 5411 River Road: Alfred and Collette D’Souza Agent: Rocky Vacca, Sullivan Mahoney RECOMMENDATION 1. That Council not approve the Requested Official Plan and Zoning By-law amendment application, in part, to permit 4465 Eastwood Crescent as satellite tourist accommodation associated with the existing Grandview Inn at 5359 River Road; 2. That Council approve Official Plan and Zoning By-law amendment changes to the existing Special Policy Area designation and current zoning of the Grandview Inn to recognize the use of the property as an Inn with 8 individual bedrooms and 4 suites having 2 bedrooms each, together with 2 meeting rooms and a breakfast room to exclusively serve guests of the Inn, as outlined in the attached Staff Report PBD-2021- 21; and 3. That Council approve the Requested Official Plan and Zoning By-law amendment application, in part, to permit the use of 5411 River Road as a Vacation Rental Unit with no more than 3 bedrooms, subject to the zoning by-law regulations outlined in Staff Report PBD-2021-21. BACKGROUND Proposal An Official Plan and Zoning By-law Amendment Application has been submitted on behalf of 3 owners (1907762 Ontario Inc.; 11409433 Canada Inc. and Alfred and Collette D’Souza), for lands known as 5359 and 5411 River Road, and 4465 Eastwood Crescent (see Schedule 1) . The application requests Official Plan and Zoning By-law amendments to allow a Hybrid Inn at 5359 River Road wherein Grandview Inn would be linked to 4465 Eastwood Crescent which would to provide satellite accommodation for the Inn, and to change the Zoning By-law from R2- 1010 (in part) and R2-2 (in part) to a new site specific R2 zone that would permit 12 guest rooms plus an innkeeper’s room in the Inn and 4 guest rooms in 4465 Eastwood Crescent . Page 257 of 431 2 PBD-2021-43 August 10, 2021 The application also requests that the Official Plan and Zoning By-law amendments for 5411 River Road to allow the property to be used as a stand alone Vacation Rental Unit with no association with the Grandview Inn. Further details of the subject properties are shown on Schedule 2. ANALYSIS A public meeting of Council was held on June 1, 2021 to consider the applications. At the closure of the public meeting, the applicant’s agent (Rocky Vacca) requested decision on the application be deferred to allow for the opportunity to provide supporting information for the application. To provide time to review and circulate this information ahead of the August 10 Council meeting, Staff requested supporting information be provided by June 28, and sent a reminder email on June 29. An email, received by the applicant’s agent on July 26, noted that the owner of the Grandview Inn (11409433 Canada Inc.) is acquiring 4465 Eastwood Avenue, but is no longer interested in pursuing an application to allow it to be used as satellite accommodation for the Inn and is requesting this portion of the application be withdrawn. No formal revised application or further supporting information has been provided by the applicant. Staff note that, although the application has not been formally revised, the adoption of Staff’s first recommendation would address the applicant’s current intent. Current zoning would allow 4465 Eastwood Crescent to be used as a detached dwelling or a licensed, owner occupied bed and breakfast. As no further information has been received staff’s analysis and recommendations remain unchanged from the report presented on June 1. A detailed analysis of the application is provided in the attached staff report PBD-2021-21. Staff also note that, as a public meeting of Council was held and closed by Council on June 1, 2021, a public meeting is not being held today. In addition, as Council specifically directed the matter be brought back to the August 10, Council Meeting, notice of this meeting is not necessary and has not been given. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Conceptual Site Plans, 5359 River/4465 Eastwood and 5411 River Appendix 1 – Staff Report PBD-2021-21, Council, June 1, 2021 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer A.Bryce Attach. S:\PDR\2021\PBD-2021-43, AM-2019-022 Satellite Accomodations in Conjunction With Grandview Inn and Vacation Rental Unit.docx Page 258 of 431 3 PBD-2021-43 August 10, 2021 SCHEDULE 1 Page 259 of 431 4 PBD-2021-43 August 10, 2021 SCHEDULE 2 5359 River Road and 4465 Eastwood Crescent 5411 River Road Page 260 of 431 5 PBD-2021-43 August 10, 2021 APPENDIX 1 Page 261 of 431 6 PBD-2021-43 August 10, 2021 Page 262 of 431 7 PBD-2021-43 August 10, 2021 Page 263 of 431 8 PBD-2021-43 August 10, 2021 Page 264 of 431 9 PBD-2021-43 August 10, 2021 Page 265 of 431 10 PBD-2021-43 August 10, 2021 Page 266 of 431 11 PBD-2021-43 August 10, 2021 Page 267 of 431 12 PBD-2021-43 August 10, 2021 Page 268 of 431 13 PBD-2021-43 August 10, 2021 Page 269 of 431 14 PBD-2021-43 August 10, 2021 Page 270 of 431 15 PBD-2021-43 August 10, 2021 Page 271 of 431 16 PBD-2021-43 August 10, 2021 Page 272 of 431 ..-..__._, From:RockyVacca <rvacca@sullivan-mahoneycom> Sent:Monday,July 26,2021 12:25 PM To:BillMatson;CouncilMembers;Alex Herlovitch;Andrew Bryce Cc:John Pinter;r ;Cory Armfelt;John Henricks Subject:[EXTERNAL]~AM—2019—O22,5359 8L5411 River Road 8L4465 Eastwood Crescent Importance:High Mr.Matson &Members of Council, As you are aware,the above application for approval ofa hybrid inn for 4465 Eastwood Crescent in conjunction with the Eastwood Inn and for approval ofa Vacation Rental Unit at 5411 River Road will be back before Council at the August 10”‘meeting. As you may recall,the Eastwood Inn is now owned by a company controlled by Mr.Xue who also has entered into an agreement to purchase 4465 Eastwood Crescent from 1907782 Ontario lnc controlled by John Pinter. I have now been advised that the parties no longer wish to proceed with that portion of the application relating to the Eastwood Inn and 4465 Eastwood Crescent and hereby formally withdraw that portion of the application.Accordingly, the only portion ofthe application that we are asking Council to make a decision on is the amendment to allow 5411 River Road to operate as a Vacation Rental Unit which request was previously recommended by your Planning Staff at two prior Council meetings. I trust that the above is satisfactory and that this change will be met with acceptance by the area residents and the members of Council. Regards, Rocco "Rocky"Vacca,Partner R.Vacca Professional Corporation SULLlVANMAHONEY LLP 4781 Portage Road Niagara Falls,Ontario L2E 6B1 Direct Dial:(905)357-5863 Facsimile:(905)357-3336Page 273 of 431 By your recent newspaper article,i think you better visit Grandview manor,(John Pinter)even with Family suites they have more than 17 rooms,do they have 17 parking spots As this has been a disaster since it started,he was planning to rent separate the rooms in the family suites. Mary Trillium Bed &Breakfast Page 274 of 431 From:say lor lee « g _, Sent:Thursday,June 3,2021 7:02 PM To:Alex Herlovitch Cc:Counci|Members Subject:Re:Input on 535985411 river road,4465 eastwood crescent Dear All, Once again another deferral.And once again we will have to write in with our input?This is beyond ridiculous. How many times will the council roll out a red carpet for this guy? Regards, Say Lor Lee aka "lefc—winganarchist" On Sun,May 9,2021,05:48 Alex Herlovitch <aherlovitch@niagarafalls.ca>wrote: Hello Lee,Say Lor Thank you for again providing your comments.The owner changed his application,therefore,the City is required to recirculate the proposal. Your comments will be on the June l Council Agenda and will assist Council in its decision making. Sincerely Alex Director of Planning Sent from my iPhone >On May 8,2021,at 3:41 PM,say lor lee <_:Wrote: > > >Dear Mr Herlovitch, >I think we have been asked to give our input before and i have already unequivocally expressed my disagreement to this idea. >I.As someone residing in this neighbourhood,i would HATE to see the loss of a neighbourhood community to tourists and all the negatives that come with this ie noise,traffic,constant presence of strangers. >2.What is there to stop every house in that vicinity from being turned into part of this satellite inn? >3.There is a HOUSING crisis by the way and allowing houses to be bought up to house tourists when such a crisis is present is beyond irresponsible. > >AGAIN I would like to stress that before any amendment be considered,the owner ought to be FINED for breaching zoning laws before he applied for these amendment.This is a GROSS injustice and a double >>Let me Draw Your Attention to this:>It is stated that up to 12 rooms are permitted.ARE YOU AWARE THAT 5359 River Road operating underthenameNIAGARAGRANDVIEWMANORadvertisesitselfashaving17ROOMS??‘??And if all thosehousescomeunderthis"inn"how many rooms would that make it????>>I have previously questioned the legality of his extensions but i have yet to hear from you or any member of1Page 275 of 431 the council. > E >I know asking us to submit our inpuy is just a formality and that from the bias shown by the majority of the council to the owner esp in allowing extension a?er extension we know what the outcome of this application will be. > ‘>Do not let the tourism sprawl spill into our neighbourhood.Please. > >Regards, >Lee,Say Lor Page 276 of 431 Plr.nu'ng.6 l 4 amlitml i ll.»,,-01+ From:RockyVacca <n/acca@sullivan—mahoney.com> Sent:Monday,July 26,2021 12:25 PM To:BillMatson;CouncilMembers;Alex Herlovitch;Andrew Bryce Cc:John Pinter;ria 1;Cory Armfelt;John Henricks Subject:[E)(TERNAL]~AM—2019—O22,5359 81 5411 River Road 8L4465 Eastwood Crescent importance:High Mr.Matson &Members of Council, As you are aware,the above application for approval of a hybrid inn for 4465 Eastwood Crescent in conjunction with the Eastwood inn and for approval of a Vacation Rental Unit at 5411 River Road will be back before Council at the August 10"‘meeting. As you may recall,the Eastwood inn is now owned by a company controlled by Mr.Xue who also has entered into an agreement to purchase 4465 Eastwood Crescent from 1907782 Ontario Inc controlled by John Pinter. l have now been advised that the parties no longer wish to proceed with that portion of the application relating to the Eastwood inn and 4465 Eastwood Crescent and hereby formally withdraw that portion of the application.Accordingly, the only portion of the application that we are asking Council to make a decision on is the amendment to allow 5411 River Road to operate as a Vacation Rental Unit which request was previously recommended by your Planning Staff at two prior Council meetings. I trust that the above is satisfactory and that this change will be met with acceptance by the area residents and the members ofcouncii. Regards, Rocco "Rocky"Vacca,Partner R.Va cca Professional Corporation SULLIVAN MAHONEYLLP 4781 Portage Road Niagara Falls,Ontario L2E6B1 Direct Dial:(905)357-5863 Facsimile:(905)3573336Page 277 of 431 August 6, 2021 FROM: Linda Manson TO: Niagara Falls City Council RE: August 10, 2021 City Council Meeting Agenda Item 7.10 [PBD-2021-43, AM-2019-022] Official Plan and Zoning By-law amendment application for the use of 5411 River Road as a Vacation Rental Unit. Denial of this application is justifiable—via TWO logical arguments. GENERALLY: 1. This is a residential neighborhood. 9 Council put a bylaw in place to protect residential neighborhoods from Vacation Rental Units. 9 Approval of this would go against that bylaw ... undermine it ... and set a loud, clear precedent: Betrayal of tax payers’ rights to peaceful enjoyment of residential neighborhoods—citywide. SPECIFICALLY: 2. The out-of-town owners and their long-time leaser have been running this property as an illegal commercial operation for several years—in repeat violation of bylaws and cease-and-desist orders (including council’s order of February). 9 Violation of bylaws is grounds for denial of a licence to operate a Vacation Rental Unit. No licence, no operation ... Solid, logical grounds for denial. CONSIDER THE ‘OPTICS’ & ‘RAMIFICATIONS’ OF AN APPROVAL: 9 Councillors undermining a bylaw ... while awaiting an LPAT decision. 9 Councillors ignoring blatant, repeat, ongoing bylaw offenders ... Actually changing the official city plan and zoning — to accommodate them. 9 Councillors posting an “AirBnB Welcome —Anywhere!” sign — across our city. Please think long and hard about how it will look and what it will do to our city. And vote to deny. Page 278 of 431 1 Heather Ruzylo Subject:RE: [EXTERNAL]-PBD-2021-43 /AM-2019-22 From: Heather Gifford < Sent: Monday, August 9, 2021 8:22 AM To: Alex Herlovitch <aherlovitch@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-PBD-2021-43 /AM-2019-22 Mr Herlovitch & Members of Council, Thank you for allowing me to speak to this matter. I ask that my email be added to the package for tomorrow's meeting and that my previous comments on this same application be added as well. The application has changed many times since it was first submitted and many of the comments submitted by residents hold true for the current incarnation of the application. I notice that a lot of the past comments from residents, including myself, have not been included in this package. I ask that they be added, in case the applicant changes the application once again, before the meeting. If I understand correctly, as this entire Zoning and Official Plan amendment has been difficult to follow, that the only part of the application remaining, concerns the property at 5411 River Rd. If this is the case, then I ask council to reject this application in its entirety. It is my understanding that this property has been operating and continues to operate as a VRU, without proper licensing and Zoning approvals in place. That said, this is not the only property within the River Rd Satellite area operating "unofficially" as a VRU. The area is becoming saturated with these types of operations. I tried to do a search of fully licensed and inspected vacation rental units in my neighbourhood, but only a few show up. This is absolutely not the case. In the previous staff report to council, staff cited that one of the reasons for recommending that 5411 River Rd be allowed to operate as a VRU was that the residential area was not saturated with them. Residents who live in the area, know this is not true. Thank you for your time. Regards, Heather Gifford 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 279 of 431 Bill Matson From:BillMatson Sent:Monday,August 9,2021 12:37 PM To:BillMatson Subject:FW:[EXTERNAL]—lntruderafter midnight ~,.;;,mam:zzwmmwc».~mmwum»;mso,;:~//5.‘cw/,y/7/4':/si~,:~»r’*¢,:»mLC:€»c/A‘,m:>5»:;.,n74WA«,,«,$/1.......‘aizcz/,/-mash:»:u;:;;<~r.—;r~'4;/wznv?wrz/5.,.tL:r;6:a>.»</~,',;,~;:,»:;.«».v.—, From:Kenneth Westhues <kwesthues uwaterloo.ca> Sent:Saturday,July 31,2021 1:37 AM To:CouncilMembers <councilmembers@niagarafa|ls.ca>;Jim Diodati <'diodati nia arafa||s.ca> Cc:Alex Herlovitch <aherlovitch@niagarafa|ls.ca>;Sam Valeo <sva|eo@niagarafal|s.ca>;Ed Lustig <elustig@niagarafalls.ca>;BillMatson <bi|lmatson@niagarafalls.ca>;lchieca@niagarafa|ls.ca <lchieca@ni_agarafalls.ca>,- Patrick Vernon <pvernon@niagarafalls.ca>;gspencer@niagarafa|ls.ca <gspenc_e_r@niagarafalls.ca> Subject:Intruder after midnight Dear Members of City Council, This email is directed in particular to the Mayor and to those Councillors who have steadfastly supported John Pinter in his illegal tourist operation along River Road.It is just after 1:00 AM on Saturday morning,31 July. Mr.Pinter sold the large inn,Niagara Grandview Manor,last winter,but has continued to operate as vacation rentals the house he owns at 5401 River Road and the house he leases at 5411 River Road,just north of Anne's and my home at 5419 River Road.This is in violation of the city's by-laws and of the cease-and-desist order Council passed last February. Tonight he rented 5401 and 5411 River Road to a group of guys for a party.I counted seven cars,one of them almost blocking River Lane. At 12:15 AM,just after midnight,I was in the kitchen at the back of our house having a snack before going to bed.I heard someone trying to get into the front door,which I had already locked.Moments later a barefoot man burst into the kitchen through the back door,which I had not yet locked.He appeared shocked to see me,said he had the wrong house.l told him By that time the party behind 5401 River Road had gotten loud.I phoned the police,filed areportaboutthenoiseandtheintruder.A police officer came promptly.He told me thepartierswerecompliantandimmediatelytookthepartyinside.The police report is availabletoanyofyouonrequest.Page 280 of 431 The police officer who came this evening asked me if I have informed the city of these illegal vacation rentals.As all of you know,I and others have been informing the city of these illegal vacation rentals for the past four years.Tonight is a good time to inform the city once more, and to ask that you enforce the by—lawswithout partiality or favouritism. Kind regards. Ken Westhues 5419 River Road Niagara Falls,Ontario L2E 3H1 From:Kenneth Westhues <kwesthues uwaterloo.ca> Sent:Saturday,July 31,2021 6:23 PM To:CouncilMembers <councilmembers@niagarafa|ls.ca>;Jim Diodati <jdiodati@niagarafa||s.ca> Cc:Alex Herlovitch <aherlovitch@niagarafalls.ca>;Sam Valeo <svaleo nia arafalls.ca>,-Ed Lustig <elustig@niagarafal|s.ca>;BillMatson <billmatson@niagarafa||s.ca>;lchieca@niagarafa|ls.ca <|chieca@ni_agarafalls.ca>; Patrick Vernon <pvernon@n£agarafal|s.ca>;gspencer@niag_arafal|s.ca <gspencer@niagarafa|ls.ca>;Serge Felicetti <sfelicetti@niagarafalls.ca>;Debra Jones <debraiones@niagarafalls.ca>;Mike Formica <mformica@niagarafa|ls.ca> Subject:Response to Gerald Spencer re:"lntruder after midnight" Dear Members of Council, This is further to the email i sent at 1:37 AM about the barefoot stranger barging into our kitchen after midnight last night,mistaking our home for the (illegal)vacation rental he was looking for.Anne and I appreciate the sympathetic responses we have received from Councillor Thomson,from the police,and from numerous residents of the River Road Neighbourhood. Gerald Spencer,by contrast,the city's Manager of Municipal Law Enforcement,responded not sympathetically but defensively (see his email below).He did not copy me on his email,but thankfully,a kind recipient forwarded Mr.Spencer's email to me. about this property,which is owned by......._...........____....._.My email was about guests being lodged in the two homes at 5401 and 5411 River Road.ThefirstisownedbyJohnPinter,the second leased by him.Nobody lives in either dwelling.Botharecurrentlyadvertisedonairbnbasvacationrentals.The man who invaded our home lastPage 281 of 431 night went to 5411 River Road after I chased him out.He appeared to be part of the group that was having a loud party after midnight behind 5401 River Road. Mr.Spencer says I should have sent my email to staff.I have done so repeatedly.Indeed,I emailed Mr.Spencer,with copies just to other staff,at 11:34 last night,asking if he would allow Mr.Vernon to meet with me.In the past,Mr.Spencer has refused to meet with me himself. Mr.Spencer says any suggestion that staff have turned a blind eye to by—lawviolations is "ridiculous."The public record speaks for itself.I am happy,on request,to provide specific references. There are currently four vehicles parked at 5401 River Road,with Ontario license plate numbers .,,and .At 5411 River Road,one vehicle, I,has been parked all day in the parking/construction lot John Pinter built at the back of the lot. If guests lodged in these or any other vacation rentals in this city infringe in any way residents right to peaceful enjoyment of their property,complaints should be directed not only to city staff but also to the Mayor and Members of Council.As Mr.Spencer's response to my email last night shows,staff by themselves are not up to the task of by-law enforcement. Kind regards to all. Ken Westhues 5419 River Road Niagara Falls,Ontario L2E 3H1 CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize thePage 282 of 431 F-2021-41 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-41 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $29,323,916.34 for the period June 3, 2021 to July 13, 2021. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight’s Council agenda. Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 283 of 431 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 1032514 ONTARIO LIMITED 446136 29-Jun-2021 REFUND 9,647.52 1238956 ONTARIO INC EDWARD P LUSTIG LLB 445736 09-Jun-2021 CONTRACT SERVICES 28,645.50 1238956 ONTARIO INC EDWARD P LUSTIG LLB 446232 07-Jul-2021 CONTRACT SERVICES 29,662.50 1346704 ONTARIO INC.O/A MARKEN HOMES & CONSTRUCTION 446233 07-Jul-2021 REFUND 500.00 1368228 ONTARIO INC O/A ARROW MARKETING 446244 07-Jul-2021 MATERIALS 2,218.59 1448022 ONTARIO LIMITED 445988 23-Jun-2021 REFUND 78.34 1686541 ONTARIO INC 446137 29-Jun-2021 REFUND 192.98 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 445989 23-Jun-2021 MATERIALS 941.95 180 MARKETING 00352-0001 07-Jun-2021 ADVERTISING 203.40 1921686 ONTARIO LTD 446138 29-Jun-2021 REFUND 516.23 1984370 ONTARIO INC. O/A ALFIDOME CONSTRUCTION NIAGARA 00356-0004 28-Jun-2021 CONTRACT SERVICES 388,119.04 2030688 ONTARIO LTD.446139 29-Jun-2021 REFUND 233.06 2037819 ONTARIO INC 446140 29-Jun-2021 REFUND 1,856.46 2088937 ONTARIO INC 446141 29-Jun-2021 REFUND 526.17 2095527 ONTARIO LIMITED O/A EMBASSY SUITES 446235 07-Jul-2021 REFUND 2,500.00 2095527 ONTARIO LTD O/A EMBASSY SUITES 446234 07-Jul-2021 REFUND 750.00 2111443 ONTARIO LTD 446142 29-Jun-2021 REFUND 253.15 2263264 ONTARIO INC 446143 29-Jun-2021 REFUND 3,639.10 2566179 ONTARIO LTD.445990 23-Jun-2021 REFUND 27.80 2578139 ONTARIO INC O/A HALCO PORTABLES 00352-0002 07-Jun-2021 LEASES AND RENTS 1,450.92 2578139 ONTARIO INC O/A HALCO PORTABLES 00353-0001 14-Jun-2021 MATERIALS 6,122.34 2578139 ONTARIO INC O/A HALCO PORTABLES 00354-0001 21-Jun-2021 CONTRACT SERVICES 1,313.06 2578139 ONTARIO INC O/A HALCO PORTABLES 00356-0001 28-Jun-2021 CONTRACT SERVICES 2,196.72 2578139 ONTARIO INC O/A HALCO PORTABLES 00357-0001 05-Jul-2021 CONTRACT SERVICES 1,450.92 2578139 ONTARIO INC O/A HALCO PORTABLES 00358-0001 12-Jul-2021 LEASES AND RENTS 2,648.72 2581576 ONTARIO INC 446144 29-Jun-2021 REFUND 7,036.71 2615840 ONTARIO INC 446145 29-Jun-2021 REFUND 973.31 2762842 ONTARIO INC 446146 29-Jun-2021 REFUND 1,269.88 284612 ONTARIO LIMITED 445867 16-Jun-2021 REFUND 750.00 284612 ONTARIO LIMITED 446236 07-Jul-2021 REFUND 750.00 4572 QUEEN STREET LTD 446147 29-Jun-2021 REFUND 283.05 4680 QUEEN ST LTD 446148 29-Jun-2021 REFUND 169.86 488745 ONTARIO LIMITED 446149 29-Jun-2021 REFUND 961.41 5 SCOTT GROUP COMPANIES INC.446150 29-Jun-2021 REFUND 783.16 5009882 ONTARIO LTD. O/A FROGGYS AUTO GLASS 445737 09-Jun-2021 CONTRACT SERVICES 847.50 5009882 ONTARIO LTD. O/A FROGGYS AUTO GLASS 445991 23-Jun-2021 CONTRACT SERVICES 146.90 A J SLINGER SERVICE 446239 07-Jul-2021 CONTRACT SERVICES 3,729.00 A&A EXHAUST SYSTEMS 00356-0002 28-Jun-2021 MATERIALS 443.85 A&A EXHAUST SYSTEMS 00357-0002 05-Jul-2021 MATERIALS 866.85 AAA BIGGAR'S LOCKSMITH & SECURITY 00352-0003 07-Jun-2021 MATERIALS 515.38 AAA BIGGAR'S LOCKSMITH & SECURITY 00354-0002 21-Jun-2021 MATERIALS 20.34 AAA BIGGAR'S LOCKSMITH & SECURITY 00356-0003 28-Jun-2021 MATERIALS 446.31 AAA BIGGAR'S LOCKSMITH & SECURITY 00357-0003 05-Jul-2021 MATERIALS 500.32 ABBRUSCATO,ANTHONY 445738 09-Jun-2021 LEASES AND RENTS 50.00 ABONGNE,CHO NKWENTY 445992 23-Jun-2021 REFUND 206.35 ACCU LOCK AND SECURITY 00357-0004 05-Jul-2021 MATERIALS 189.16 ACM FAITH HOLDINGS INC.445868 16-Jun-2021 REFUND 191.84 ADAMS,MATTHEW TODD 445993 23-Jun-2021 MATERIALS 90.00 ADR CHAMBERS 445994 23-Jun-2021 CONTRACT SERVICES 692.13 ADVANCE TOWING & RECOVERY 445739 09-Jun-2021 CONTRACT SERVICES 395.50 ADVANCE TOWING & RECOVERY 445995 23-Jun-2021 CONTRACT SERVICES 649.78 ADVANCE TOWING & RECOVERY 446237 07-Jul-2021 CONTRACT SERVICES 3,310.93 AFTERMARKET PARTS COMPANY LLC 445740 09-Jun-2021 STORES/INVENTORY 1,096.62 AFTERMARKET PARTS COMPANY LLC 445869 16-Jun-2021 STORES/INVENTORY 1,360.47 AFTERMARKET PARTS COMPANY LLC 445996 23-Jun-2021 STORES/INVENTORY 1,275.34 AFTERMARKET PARTS COMPANY LLC 446238 07-Jul-2021 STORES/INVENTORY 1,968.51 AGRO ZAFFIRO LLP 445741 09-Jun-2021 CONTRACT SERVICES 403.41 AIRD & BERLIS LLP 00353-0002 14-Jun-2021 CONTRACT SERVICES 17,523.51 AJ STONE COMPANY LTD 00352-0004 07-Jun-2021 MATERIALS 9,526.34 AJ STONE COMPANY LTD 00357-0005 05-Jul-2021 MATERIALS 10,000.50 AKIMBO ART PROMOTIONS AND CONSULTING 445870 16-Jun-2021 MATERIALS 169.50 ALAM,DR. SHAHIAR 445742 09-Jun-2021 REFUND 148.29 ALGHAZALI,MOHSEN 445743 09-Jun-2021 CONTRACT SERVICES 350.00 ALISON'S SPORTS AWARDS & PROMOTIONS 00354-0003 21-Jun-2021 MATERIALS 64.24 ALLEGRA,ANGELO 445997 23-Jun-2021 REFUND 1,371.91 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 445998 23-Jun-2021 MATERIALS 488.16 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 446240 07-Jul-2021 CONTRACT SERVICES 11,544.96 ALLIED MEDICAL INSTRUMENTS INC 00354-0004 21-Jun-2021 MATERIALS 209.16 ALTIERI BUILDING SUPPLIES LTD 00352-0005 07-Jun-2021 MATERIALS 157.79 AMACO EQUIPMENT INC 00353-0003 14-Jun-2021 MATERIALS 1,939.62 AMACO EQUIPMENT INC 00357-0006 05-Jul-2021 MATERIALS 3,913.86 AMALGAMATED TRANSIT UNION #1582 00353-0004 14-Jun-2021 REMITTANCE 4,707.33 AMALGAMATED TRANSIT UNION #1582 00356-0005 28-Jun-2021 REMITTANCE 4,926.54 AMALGAMATED TRANSIT UNION #1582 00358-0002 12-Jul-2021 REMITTANCE 4,802.90 AMG ENVIRONMENTAL INC 00356-0006 28-Jun-2021 CONTRACT SERVICES 2,203.50 ANDERSON,DHALIA 445744 09-Jun-2021 LEASES AND RENTS 50.00 ANDERSON,SUZANNE 445871 16-Jun-2021 REFUND 206.97 ANDONOV,KONSTANTIN 445999 23-Jun-2021 REFUND 201.62 ANDRES,JOSEPH MICHAEL& ANDRES, RUTH 446241 07-Jul-2021 REFUND 750.00 ANDREWS,EMILY 445745 09-Jun-2021 LEASES AND RENTS 50.00 ANTHONY'S EXCAVATING CENTRAL INC 00356-0007 28-Jun-2021 CONTRACT SERVICES 2,144.18 ANTONELLI,LEANNE 446242 07-Jul-2021 REFUND 500.00 ANZOVINO,SALVATORE 446151 29-Jun-2021 REFUND 239.60 ARC ENGINEERING INC 00354-0005 21-Jun-2021 CONTRACT SERVICES 32,356.36 ARGENTA-CAPACCHIONE,PAULA M 446243 07-Jul-2021 REFUND 500.00 ARTISTA DESIGN & PRINT INC 00353-0005 14-Jun-2021 SUPPLIES 73.45 Page 284 of 431 ARTISTA DESIGN & PRINT INC 00354-0007 21-Jun-2021 CONTRACT SERVICES 197.75 ARTISTA DESIGN & PRINT INC 00356-0008 28-Jun-2021 MATERIALS 1,745.85 ARTISTA DESIGN & PRINT INC 00357-0007 05-Jul-2021 MATERIALS 435.05 ART'S TOOL SALES & SERVICE LTD.00354-0006 21-Jun-2021 MATERIALS 1,707.42 ASSOCIATED ENGINEERING (ONT) LTD 00352-0006 07-Jun-2021 MATERIALS 3,910.49 ASSOCIATED ENGINEERING (ONT) LTD 00353-0006 14-Jun-2021 MATERIALS 2,155.71 ASSOCIATED ENGINEERING (ONT) LTD 00357-0008 05-Jul-2021 MATERIALS 51,015.41 ASSOCIATED ENGINEERING (ONT) LTD 00358-0003 12-Jul-2021 MATERIALS 2,320.46 ASSOCIATION OF ONTARIO ROAD SUPERVISORS 446152 29-Jun-2021 MEMBERSHIP 463.30 AUTOTRIM & SIGNS OF NIAGARA 00356-0009 28-Jun-2021 CONTRACT SERVICES 1,247.01 AYDIN,SHERYL 445746 09-Jun-2021 LEASES AND RENTS 110.17 AYRE,BARBARA 446000 23-Jun-2021 MATERIALS 100.00 B & C TRUCK CENTRE 445748 09-Jun-2021 MATERIALS 104.82 BAHCHEVANOV,DIMO 446245 07-Jul-2021 REFUND 1,000.00 BAILEY-PHILLIPS,ASHLEY 446001 23-Jun-2021 REFUND 150.00 BAIN PRINTING LIMITED 00354-0008 21-Jun-2021 MATERIALS 264.42 BAKER TRANSIT PARTS INC.00352-0007 07-Jun-2021 STORES/INVENTORY 3,193.08 BAKER TRANSIT PARTS INC.00353-0007 14-Jun-2021 STORES/INVENTORY 205.66 BAKER TRANSIT PARTS INC.00354-0009 21-Jun-2021 STORES/INVENTORY 1,437.64 BAKER TRANSIT PARTS INC.00356-0010 28-Jun-2021 STORES/INVENTORY 1,613.84 BAKER TRANSIT PARTS INC.00357-0009 05-Jul-2021 STORES/INVENTORY 887.99 BAKER TRANSIT PARTS INC.00358-0004 12-Jul-2021 STORES/INVENTORY 223.42 BANK OF MONTREAL 446246 07-Jul-2021 REFUND 1,815.42 BARANYAI,MIKE 446002 23-Jun-2021 LEASES AND RENTS 50.00 BASARAN,ABDULKADIR 445747 09-Jun-2021 REFUND 199.44 BASE CAMP CONNECT 445872 16-Jun-2021 MATERIALS 315.00 BASELINE CONTRACTORS INC.446247 07-Jul-2021 CONTRACT SERVICES 103,112.15 BATEMAN,SCOTT 445873 16-Jun-2021 MATERIALS 150.00 BATTLEFIELD EQUIPMENT RENTALS 445874 16-Jun-2021 MATERIALS 60.84 BATTLEFIELD EQUIPMENT RENTALS 446004 23-Jun-2021 CONTRACT SERVICES 5,217.73 BATTLEFIELD EQUIPMENT RENTALS 446248 07-Jul-2021 MATERIALS 86.64 BELL CANADA 446250 07-Jul-2021 MATERIALS 99.44 BELL CANADA - PUBLIC ACCESS 445875 16-Jun-2021 SERVICES 169.50 BELL,KATHY& BELL, CHRISTOPHER 446249 07-Jul-2021 REFUND 750.00 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00352-0008 07-Jun-2021 MATERIALS 304.94 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00353-0008 14-Jun-2021 MATERIALS 2,199.80 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00354-0010 21-Jun-2021 MATERIALS 106,402.00 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00357-0010 05-Jul-2021 MATERIALS 1.20 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00358-0005 12-Jul-2021 MATERIALS 1,452.47 BERGE,ROBERT& BERGE, LORIANN 445749 09-Jun-2021 REFUND 207.58 BERKELEY PAYMENT SOLUTIONS INC.00354-0011 21-Jun-2021 MATERIALS 13,688.31 BHATT,UNNATI 446005 23-Jun-2021 REFUND 94.17 BICKLE MAIN INDUSTRIAL SUPPLY INC 00352-0009 07-Jun-2021 MATERIALS 136.55 BICKLE MAIN INDUSTRIAL SUPPLY INC 00353-0009 14-Jun-2021 MATERIALS 172.03 BICKLE MAIN INDUSTRIAL SUPPLY INC 00354-0012 21-Jun-2021 MATERIALS 33.79 BICKLE MAIN INDUSTRIAL SUPPLY INC 00357-0011 05-Jul-2021 MATERIALS 22.49 BICKLE MAIN INDUSTRIAL SUPPLY INC 00358-0006 12-Jul-2021 MATERIALS 79.67 BINGLEY,TERRY 446252 07-Jul-2021 REFUND 750.00 BLANK,SEAN 446006 23-Jun-2021 MATERIALS 73.43 BLOOR,KORTNI 446007 23-Jun-2021 LEASES AND RENTS 50.00 BOB ROBINSON & SON CONSTRUCTION 00353-0010 14-Jun-2021 CONTRACT SERVICES 836.20 BOB ROBINSON & SON CONSTRUCTION 00356-0012 28-Jun-2021 CONTRACT SERVICES 7,345.00 BOB ROBINSON & SON CONSTRUCTION 00357-0012 05-Jul-2021 CONTRACT SERVICES 7,333.70 BOB ROBINSON & SON CONSTRUCTION 00358-0007 12-Jul-2021 CONTRACT SERVICES 836.20 BOBCAT OF HAMILTON LTD 00353-0011 14-Jun-2021 MATERIALS 4,294.00 BOBCAT OF HAMILTON LTD 00354-0013 21-Jun-2021 MATERIALS 494.48 BOBCAT OF HAMILTON LTD 00357-0013 05-Jul-2021 MATERIALS 4,294.00 BONK,KEN 445750 09-Jun-2021 MATERIALS 175.00 BOOKER,TAMMY 445876 16-Jun-2021 MATERIALS 25.00 BORGHESI,VALERIE 445752 09-Jun-2021 LEASES AND RENTS 50.00 BORRELLI,MICHAEL 445751 09-Jun-2021 REFUND 95.71 BOTBYL,BROC 445877 16-Jun-2021 REMITTANCE 1,500.00 BOYS & GIRLS CLUB OF NIAGARA 446008 23-Jun-2021 FEE FOR SERVICE 17,371.50 BRADFORD,TYLER TIMOTHY 446253 07-Jul-2021 REFUND 500.00 BRAND BLVD INC 445878 16-Jun-2021 MATERIALS 3,280.06 BRETTYOUNG 446254 07-Jul-2021 MATERIALS 1,020.50 BRINK,MICHAEL 445753 09-Jun-2021 MATERIALS 175.00 BRINKS CANADA LTD 445879 16-Jun-2021 MATERIALS 189.70 BRINKS CANADA LTD 446009 23-Jun-2021 CONTRACT SERVICES 1,344.58 BROCK FORD SALES 445754 09-Jun-2021 MATERIALS 1,462.83 BROCK FORD SALES 445880 16-Jun-2021 STORES/INVENTORY 667.58 BROCK FORD SALES 446255 07-Jul-2021 MATERIALS 45.09 BROMAC CONSTRUCTION INC 00354-0015 21-Jun-2021 CONTRACT SERVICES 20,122.66 BROMAC CONSTRUCTION INC 00356-0013 28-Jun-2021 CONTRACT SERVICES 94,672.52 BRUINSMA,JEANINE 445755 09-Jun-2021 REFUND 384.78 BURCIUL,MARGARET JUNE 445756 09-Jun-2021 REFUND 36.07 BUTT,AMNA 445881 16-Jun-2021 REFUND 1,413.49 BYERS,SARA 446153 29-Jun-2021 TRAVEL/MILEAGE 90.54 C ME MANAGEMENT CORPORATION 446159 29-Jun-2021 MATERIALS 85.91 CALDARONI,LORETTA& CALDARONI, DAVID 445757 09-Jun-2021 REFUND 98.87 CALLOWAY REIT (NIAGARA FALLS) INC.446256 07-Jul-2021 REFUND 2,191.73 CAMPBELL,LINDA 445882 16-Jun-2021 REFUND 500.00 CAMPBELL,SARAH 446010 23-Jun-2021 REFUND 89.64 CANADA CLEAN FUELS 00352-0010 07-Jun-2021 FUEL 24,940.02 CANADA CLEAN FUELS 00353-0012 14-Jun-2021 FUEL 69,843.12 CANADA CLEAN FUELS 00354-0016 21-Jun-2021 FUEL 64,811.17 CANADA CLEAN FUELS 00356-0014 28-Jun-2021 FUEL 49,835.64 CANADA CLEAN FUELS 00357-0014 05-Jul-2021 FUEL 4,647.14 CANADA CLEAN FUELS 00358-0008 12-Jul-2021 FUEL 37,536.51 CANADA POST CORPORATION 00352-0011 07-Jun-2021 MATERIALS 9,541.14 CANADA POST CORPORATION 00353-0013 14-Jun-2021 MATERIALS 4,285.47 CANADA POST CORPORATION 00356-0015 28-Jun-2021 MATERIALS 30,025.99 Page 285 of 431 CANADA POST CORPORATION 00358-0009 12-Jul-2021 MATERIALS 8,889.09 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00352-0012 07-Jun-2021 CONTRACT SERVICES 10,847.62 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00354-0017 21-Jun-2021 CONTRACT SERVICES 12,178.77 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00357-0015 05-Jul-2021 CONTRACT SERVICES 10,839.54 CANADIAN DOOR DOCTOR 00352-0013 07-Jun-2021 CONTRACT SERVICES 418.10 CANADIAN DOOR DOCTOR 00353-0014 14-Jun-2021 CONTRACT SERVICES 316.40 CANADIAN DOOR DOCTOR 00354-0018 21-Jun-2021 CONTRACT SERVICES 480.25 CANADIAN DOOR DOCTOR 00356-0016 28-Jun-2021 CONTRACT SERVICES 2,166.78 CANADIAN DOOR DOCTOR 00357-0016 05-Jul-2021 CONTRACT SERVICES 692.13 CANADIAN DOOR DOCTOR 00358-0010 12-Jul-2021 CONTRACT SERVICES 2,666.81 CANADIAN LINEN & UNIFORM 00352-0014 07-Jun-2021 CONTRACT SERVICES 510.22 CANADIAN LINEN & UNIFORM 00353-0015 14-Jun-2021 CONTRACT SERVICES 897.68 CANADIAN LINEN & UNIFORM 00354-0019 21-Jun-2021 CONTRACT SERVICES 1,174.23 CANADIAN LINEN & UNIFORM 00356-0017 28-Jun-2021 CONTRACT SERVICES 655.68 CANADIAN LINEN & UNIFORM 00357-0017 05-Jul-2021 CONTRACT SERVICES 992.68 CANADIAN LINEN & UNIFORM 00358-0011 12-Jul-2021 CONTRACT SERVICES 654.62 CANADIAN LOCATORS INC.00356-0018 28-Jun-2021 CONTRACT SERVICES 75,383.02 CANADIAN NATIONAL 00352-0015 07-Jun-2021 CONTRACT SERVICES 202.26 CANADIAN NATIONAL 00356-0019 28-Jun-2021 CONTRACT SERVICES 3,826.50 CANADIAN NATIONAL 00357-0018 05-Jul-2021 CONTRACT SERVICES 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CONTRACT SERVICES 13,698.43 CBM N.A. 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ELECTRIC INC 00353-0029 14-Jun-2021 CONTRACT SERVICES 4,610.40 FALLS ELECTRIC INC 00354-0029 21-Jun-2021 CONTRACT SERVICES 75,475.53 FALLSVIEW BIA 446171 29-Jun-2021 REMITTANCE 51,500.00 FALLSWAY SUPPLY 00353-0030 14-Jun-2021 MATERIALS 8.51 FAST,DAVID 446172 29-Jun-2021 REFUND 394.94 FASTENAL CANADA LTD 00352-0023 07-Jun-2021 MATERIALS 768.97 FASTENAL CANADA LTD 00353-0031 14-Jun-2021 MATERIALS 2,478.67 FASTENAL CANADA LTD 00356-0035 28-Jun-2021 MATERIALS 763.45 FASTENAL CANADA LTD 00357-0032 05-Jul-2021 MATERIALS 534.11 FASTENAL CANADA LTD 00358-0027 12-Jul-2021 STORES/INVENTORY 752.89 FCT INSURANCE COMPANY 445784 09-Jun-2021 REFUND 189.25 FELTRIN,GIANCARLO 445785 09-Jun-2021 LEASES AND RENTS 50.00 FIEDOREK,BARBARA 446173 29-Jun-2021 REFUND 378.11 FIRE MONITORING OF CANADA INC 00352-0024 07-Jun-2021 CONTRACT SERVICES 1,246.84 FIRE MONITORING OF CANADA INC 00353-0032 14-Jun-2021 CONTRACT SERVICES 429.96 FIRE MONITORING OF CANADA INC 00356-0036 28-Jun-2021 CONTRACT SERVICES 2,170.69 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MACKAY CANADA LTD 00356-0040 28-Jun-2021 CONTRACT SERVICES 22.19 J K JOUPPIEN HERITAGE RESOURCE CONSULTANT 446297 07-Jul-2021 MATERIALS 339.00 JACK DOW AUTO SUPPLIES LIMITED 00352-0029 07-Jun-2021 MATERIALS 166.21 JACK DOW AUTO SUPPLIES LIMITED 00353-0039 14-Jun-2021 MATERIALS 1,381.81 JACK DOW AUTO SUPPLIES LIMITED 00354-0034 21-Jun-2021 MATERIALS 48.59 JACK DOW AUTO SUPPLIES LIMITED 00356-0041 28-Jun-2021 MATERIALS 3,052.74 JACK DOW AUTO SUPPLIES LIMITED 00357-0039 05-Jul-2021 MATERIALS 828.17 JACK DOW AUTO SUPPLIES LIMITED 00358-0032 12-Jul-2021 MATERIALS 1,182.46 JACKET CELLAR 446048 23-Jun-2021 MATERIALS 58.76 JALUVKA,TATJANA 445909 16-Jun-2021 MATERIALS 169.08 JALUVKA,TATJANA 446295 07-Jul-2021 TRAVEL/MILEAGE 27.02 JAMES,ADAM 445796 09-Jun-2021 LEASES AND RENTS 50.00 JETWAYZ MOBILE SANDBLASTING AND PAINTING 446182 29-Jun-2021 MATERIALS 6,808.25 JIFFY LUBE 446296 07-Jul-2021 MATERIALS 265.55 JOE JOHNSON EQUIPMENT 00352-0030 07-Jun-2021 LEASES AND RENTS 12,712.50 JOE JOHNSON 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REMITTANCE 50,000.00 LUNDY'S LANE HISTORICAL SOCIETY 445918 16-Jun-2021 MATERIALS 56.85 LUNN,RYAN 445801 09-Jun-2021 LEASES AND RENTS 50.00 LYNDON,DAN 445919 16-Jun-2021 REFUND 500.00 MACMILLAN,TANYA 445920 16-Jun-2021 REFUND 168.20 MACNEIL,CYNTHIA 446193 29-Jun-2021 TRAINING 452.00 MADIA,MARIO& MADIA, DONNA 446306 07-Jul-2021 REFUND 500.00 MAIN & FERRY BIA 446194 29-Jun-2021 REMITTANCE 19,500.00 MAIURI,JAKE 445802 09-Jun-2021 MATERIALS 50.00 MALLETT,MELISSA 446060 23-Jun-2021 REFUND 108.39 MALONEY,KELLEY 446307 07-Jul-2021 REFUND 500.00 MANCHESTER VICTORIAVILLE AND CO.446308 07-Jul-2021 MATERIALS 2,162.53 MANCUSO CHEMICALS LIMITED 00352-0034 07-Jun-2021 MATERIALS 684.37 MANCUSO CHEMICALS LIMITED 00353-0042 14-Jun-2021 MATERIALS 1,540.71 Page 289 of 431 MANCUSO CHEMICALS LIMITED 00354-0037 21-Jun-2021 MATERIALS 343.14 MANCUSO CHEMICALS LIMITED 00356-0045 28-Jun-2021 MATERIALS 362.12 MANCUSO CHEMICALS LIMITED 00357-0042 05-Jul-2021 MATERIALS 354.05 MANCUSO CHEMICALS LIMITED 00358-0037 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TRUCK REPAIRS LTD 445804 09-Jun-2021 MATERIALS 7.06 MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 446310 07-Jul-2021 CONTRACT SERVICES 322.05 MCLEOD SQUARE INC.446196 29-Jun-2021 REFUND 190.94 MCPHERSON,BRITTANY L 446064 23-Jun-2021 REFUND 159.00 MCPHERSON,MARVA 446197 29-Jun-2021 REFUND 124.30 MCVEY,MEGHAN 446311 07-Jul-2021 MATERIALS 80.00 MESSINA,MACKENZIE 445805 09-Jun-2021 MATERIALS 74.56 METAL SUPERMARKETS 00352-0036 07-Jun-2021 MATERIALS 1,855.01 METRO FREIGHTLINER HAMILTON 445806 09-Jun-2021 STORES/INVENTORY 4,581.72 METRO FREIGHTLINER HAMILTON 446066 23-Jun-2021 MATERIALS 2,232.76 METRO FREIGHTLINER HAMILTON 446312 07-Jul-2021 STORES/INVENTORY 1,378.90 METRO PLUMBING & HEATING 00352-0037 07-Jun-2021 CONTRACT SERVICES 2,028.80 METRO PLUMBING & HEATING 00358-0039 12-Jul-2021 CONTRACT SERVICES 319.15 METRO TRUCK NIAGARA 445926 16-Jun-2021 STORES/INVENTORY 138.52 METROLAND MEDIA GROUP 445807 09-Jun-2021 ADVERTISING 1,380.86 METROLAND MEDIA GROUP 445925 16-Jun-2021 ADVERTISING 318.66 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MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00356-0049 28-Jun-2021 CONTRACT SERVICES 25,196.82 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00357-0044 05-Jul-2021 STORES/INVENTORY 16,709.87 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00358-0041 12-Jul-2021 STORES/INVENTORY 9,749.57 MITCHELL HOME RENOVATIONS 446314 07-Jul-2021 REFUND 500.00 MOBILE SMART CITY CORP US DRAFT 07-Jun-2021 CONTRACT SERVICES 1,485.00 MODERN CRANE 445809 09-Jun-2021 CONTRACT SERVICES 3,097.78 MODERN LANDFILL INC 00352-0038 07-Jun-2021 CONTRACT SERVICES 7,480.90 MODERN LANDFILL INC 00356-0050 28-Jun-2021 CONTRACT SERVICES 9,446.27 MODERN LANDFILL INC 00357-0045 05-Jul-2021 CONTRACT SERVICES 178.48 MODU-LOC FENCE RENTALS 00358-0042 12-Jul-2021 LEASES AND RENTS 2,544.25 MOHAMMAD,SHER& MOHAMMAD, LISE CLAUDETTE 446316 07-Jul-2021 REFUND 1,163.00 MOHAWK MFG & SUPPLY CO 445810 09-Jun-2021 STORES/INVENTORY 29.44 MOHAWK MFG & SUPPLY CO 445929 16-Jun-2021 STORES/INVENTORY 1,043.76 MOHAWK MFG & SUPPLY CO 446069 23-Jun-2021 STORES/INVENTORY 868.87 MOHAWK MFG & SUPPLY CO 446315 07-Jul-2021 STORES/INVENTORY 2,804.84 MONTEITH BROWN PLANNING CONSULTANTS 00353-0047 14-Jun-2021 MATERIALS 5,625.99 MONTEITH BROWN PLANNING CONSULTANTS 00358-0043 12-Jul-2021 MATERIALS 30,919.63 MONTUFAR,MARIA GABRIELA LARA 445930 16-Jun-2021 REFUND 114.93 MOUNTAINVIEW HOMES (NIAGARA) LTD 00352-0039 07-Jun-2021 REFUND 236.26 MOWERS,RICHARD ALLEN 445931 16-Jun-2021 REFUND 104.11 MTE PARALEGAL PROFESSIONAL CORPORATION 00352-0040 07-Jun-2021 CONTRACT SERVICES 883.22 MTE PARALEGAL PROFESSIONAL CORPORATION 00356-0051 28-Jun-2021 CONTRACT SERVICES 3,948.92 MTE PARALEGAL PROFESSIONAL CORPORATION 00357-0046 05-Jul-2021 CONTRACT SERVICES 399.04 MUCCIANTE,EUGENE 446070 23-Jun-2021 REFUND 187.74 MULLER'S WORKWEAR 445811 09-Jun-2021 CONTRACT SERVICES 223.32 MULLER'S WORKWEAR 445932 16-Jun-2021 MATERIALS 227.40 MULLER'S WORKWEAR 446071 23-Jun-2021 MATERIALS 200.00 MULLER'S WORKWEAR 446317 07-Jul-2021 MATERIALS 1,385.97 MYSDS INC.446072 23-Jun-2021 MATERIALS 2,687.41 NANCHAHAL,MANSI 445933 16-Jun-2021 REFUND 153.04 NEPTUNE TECHNOLOGY GROUP CANADA CO.00353-0048 14-Jun-2021 MATERIALS 549,057.96 NEPTUNE TECHNOLOGY GROUP CANADA CO.00356-0052 28-Jun-2021 MATERIALS 224,334.38 NGUYEN,MALCOLM 445934 16-Jun-2021 REFUND 412.27 NI,JINGLONG 445938 16-Jun-2021 REFUND 635.41 NIAGARA 21 ST GROUP INC 446199 29-Jun-2021 REFUND 3,846.57 NIAGARA ANALYTICAL LABORATORIES INC 00353-0049 14-Jun-2021 CONTRACT SERVICES 406.80 NIAGARA ANALYTICAL LABORATORIES INC 00356-0053 28-Jun-2021 CONTRACT SERVICES 1,505.16 NIAGARA ANALYTICAL LABORATORIES INC 00358-0044 12-Jul-2021 MATERIALS 966.15 NIAGARA BATTERY & TIRE 445812 09-Jun-2021 STORES/INVENTORY 3,228.92 NIAGARA BATTERY & TIRE 446073 23-Jun-2021 CONTRACT SERVICES 6,762.82 Page 290 of 431 NIAGARA BATTERY & TIRE 446200 29-Jun-2021 MATERIALS 3,678.12 NIAGARA BATTERY & TIRE 446318 07-Jul-2021 MATERIALS 30.00 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00355-0004 30-Jun-2021 REMITTANCE 3,004,576.39 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MATERIALS 14,191.46 NIAGARA FITNESS SOLUTIONS 446320 07-Jul-2021 MATERIALS 3,265.69 NIAGARA GLASS LTD 00353-0052 14-Jun-2021 MATERIALS 1,642.40 NIAGARA METER SERVICES INC.00352-0042 07-Jun-2021 CONTRACT SERVICES 7,640.55 NIAGARA METER SERVICES INC.00354-0041 21-Jun-2021 CONTRACT SERVICES 5,652.60 NIAGARA METER SERVICES INC.00357-0048 05-Jul-2021 CONTRACT SERVICES 5,054.49 NIAGARA ON THE LAKE HYDRO INC 00356-0058 28-Jun-2021 UTILITIES 118.08 NIAGARA PARKS COMMISSION 445814 09-Jun-2021 MATERIALS 9,333.32 NIAGARA PARKS COMMISSION 445935 16-Jun-2021 MATERIALS 27,701.44 NIAGARA PARKS COMMISSION 446321 07-Jul-2021 MATERIALS 2,437.98 NIAGARA PENINSULA ENERGY INC 445815 09-Jun-2021 UTILITIES 111.70 NIAGARA PENINSULA ENERGY INC 446074 23-Jun-2021 UTILITIES 79,244.67 NIAGARA PENINSULA ENERGY INC 446201 29-Jun-2021 UTILITIES 117,541.06 NIAGARA REGIONAL BROADBAND NETWORK 00352-0044 07-Jun-2021 SERVICES 815.86 NIAGARA REGIONAL BROADBAND NETWORK 00353-0054 14-Jun-2021 MATERIALS 1,286.30 NIAGARA REGIONAL BROADBAND NETWORK 00354-0042 21-Jun-2021 SERVICES 4,607.01 NIAGARA REGIONAL BROADBAND NETWORK 00356-0059 28-Jun-2021 MATERIALS 41,768.22 NIAGARA REGIONAL BROADBAND NETWORK 00358-0047 12-Jul-2021 MATERIALS 356.52 NIAGARA REGIONAL FIRE PROTECTION 00352-0043 07-Jun-2021 CONTRACT SERVICES 101.70 NIAGARA REGIONAL FIRE PROTECTION 00353-0053 14-Jun-2021 CONTRACT SERVICES 10,354.19 NICHOLS,GEORGE 445936 16-Jun-2021 REFUND 151.40 NICK'S TRUCK PARTS INC.00352-0045 07-Jun-2021 MATERIALS 81.36 NICK'S TRUCK PARTS INC.00356-0060 28-Jun-2021 STORES/INVENTORY 1,083.67 NIGHT WATCH SECURITY 445937 16-Jun-2021 MATERIALS 2,655.50 NOBLE CORPORATION 445939 16-Jun-2021 MATERIALS 194.42 NORTH AMERICAN TRANSIT SUPPLY CORPORATION 00353-0055 14-Jun-2021 STORES/INVENTORY 41.87 NOWWARAH,JAMIL 445940 16-Jun-2021 REFUND 20.79 NSF INTERNATIONAL STRATEGIC REGISTRATIONS CANADA 445941 16-Jun-2021 CONTRACT SERVICES 2,373.00 OAKLEY,CHRISTOPHER 446076 23-Jun-2021 MATERIALS 150.00 OIL FILTRATION SPECIALISTS INC 00358-0048 12-Jul-2021 STORES/INVENTORY 1,545.84 OKOHUE,ANTHONIA 445942 16-Jun-2021 REFUND 155.47 OLMSTEAD,COURTNEY 445817 09-Jun-2021 MATERIALS 50.00 OMAR,MIKAL ABU 446322 07-Jul-2021 TRAVEL/MILEAGE 28.32 OMERS 00355-0005 30-Jun-2021 REMITTANCE 833,426.32 OMERS 00355-0006 30-Jun-2021 REMITTANCE 52,230.40 ONOFRIO,CARL DAVID 445818 09-Jun-2021 MATERIALS 50.00 ONTARIO BUILDING OFFICIALS ASSOCIATION 446202 29-Jun-2021 MATERIALS 691.18 ONTARIO DUCT CLEANING 445819 09-Jun-2021 CONTRACT SERVICES 791.00 ONTARIO ONE CALL 00356-0061 28-Jun-2021 CONTRACT SERVICES 1,316.78 ORKIN CANADA CORPORATION 00352-0046 07-Jun-2021 CONTRACT SERVICES 188.71 ORKIN CANADA CORPORATION 00357-0049 05-Jul-2021 CONTRACT SERVICES 1,459.96 OSWALD,YVONNE 446323 07-Jul-2021 REFUND 750.00 OWNERA GROUP INC 446078 23-Jun-2021 MATERIALS 2,034.00 OXLAE,JOYCE 446079 23-Jun-2021 REFUND 124.87 OZDEMIR,KIBAR 446080 23-Jun-2021 REFUND 188.57 P MUNRO GROUP INC 446207 29-Jun-2021 CONTRACT SERVICES 256,743.25 PAGE,AIMIE 445820 09-Jun-2021 MATERIALS 50.00 PARADIGM TRANSPORATION SOLUTIONS LTD 446203 29-Jun-2021 CONTRACT SERVICES 2,590.90 PARADISE POOLS 445943 16-Jun-2021 MATERIALS 1,233.28 PARADISE POOLS 446081 23-Jun-2021 MATERIALS 41.30 PARADISE POOLS 446324 07-Jul-2021 MATERIALS 5,315.49 PARIS-ALLEYNE,OBENYROSE 446205 29-Jun-2021 REFUND 15.76 PARKER,TREVOR MACKENZIE 445944 16-Jun-2021 REFUND 129.79 PARKVIEW EQUIPMENT 446204 29-Jun-2021 MATERIALS 2,489.66 PARNIAK,MICHAEL 446082 23-Jun-2021 TRAINING 217.55 PAROSCHY,MICHELLE LYNN& PAROSCHY, ANDREW JOHN 446083 23-Jun-2021 REFUND 142.23 PATERSON,ALISHA 446084 23-Jun-2021 REFUND 172.32 PAUL DRAY LEGAL SERVICES 446085 23-Jun-2021 CONTRACT SERVICES 452.00 PC AUTO ELECTRIC 445821 09-Jun-2021 MATERIALS 343.28 PEC ROOF MAINTENANCE 00352-0047 07-Jun-2021 CONTRACT SERVICES 760.21 PEC ROOF MAINTENANCE 00353-0056 14-Jun-2021 CONTRACT SERVICES 141.25 PEC ROOF MAINTENANCE 00357-0050 05-Jul-2021 CONTRACT SERVICES 944.57 PEC ROOF MAINTENANCE 00358-0049 12-Jul-2021 CONTRACT SERVICES 113.17 PEDERSON,ERIC 445945 16-Jun-2021 REFUND 110.77 PENINSULA AUTO RECYCLING INC 445946 16-Jun-2021 MATERIALS 1,017.00 PENINSULA AUTO RECYCLING INC 446326 07-Jul-2021 MATERIALS 4,068.00 PENINSULA HOSE & HYDRAULICS LTD.00352-0048 07-Jun-2021 MATERIALS 54.01 PENINSULA HOSE & HYDRAULICS LTD.00353-0057 14-Jun-2021 MATERIALS 47.46 PENINSULA HOSE & HYDRAULICS LTD.00356-0062 28-Jun-2021 MATERIALS 703.33 PENINSULA SAW COMPANY LIMITED 445823 09-Jun-2021 CONTRACT SERVICES 650.88 PENNER BUILDING CENTRE 445824 09-Jun-2021 MATERIALS 7.90 PENNER BUILDING CENTRE 446086 23-Jun-2021 MATERIALS 220.81 PENNER BUILDING CENTRE 446327 07-Jul-2021 MATERIALS 492.63 PERFORMANCE CHRYSLER DODGE JEEP RAM FIAT 445825 09-Jun-2021 MATERIALS 115.75 PETERS EXCAVATING INC 00352-0049 07-Jun-2021 CONTRACT SERVICES 467,503.24 PETERS EXCAVATING INC 00358-0050 12-Jul-2021 CONTRACT SERVICES 1,032,496.86 PETROVA,RADOSLAV& PETROVA, SVETLANA 446206 29-Jun-2021 REFUND 1,503.65 Page 291 of 431 PIAZZA,CHARLES FRANK 446328 07-Jul-2021 REFUND 500.00 PIAZZA,SAM 446087 23-Jun-2021 MATERIALS 169.50 PIC'S MOTOR CLINIC 445947 16-Jun-2021 STORES/INVENTORY 288.12 PIETRANGELO,FRANK 445826 09-Jun-2021 MATERIALS 750.00 PINE,BRADLEY 445827 09-Jun-2021 MATERIALS 50.00 PINERIDGE TREE SERVICE LTD 00356-0063 28-Jun-2021 CONTRACT SERVICES 6,400.32 PIPETEK INFRASTRUCTURE SERVICES INC 00353-0058 14-Jun-2021 CONTRACT SERVICES 55,364.75 PIPETEK INFRASTRUCTURE SERVICES INC 00356-0064 28-Jun-2021 MATERIALS 13,701.25 PIPETEK INFRASTRUCTURE SERVICES INC 00357-0051 05-Jul-2021 CONTRACT SERVICES 20,634.15 PLANT'S CHOICE 00356-0065 28-Jun-2021 MATERIALS 1,053.16 PLASTRUCT POLYZONE 00356-0066 28-Jun-2021 MATERIALS 9,050.17 PML FOODS 00352-0050 07-Jun-2021 MATERIALS 153.60 PML FOODS 00353-0059 14-Jun-2021 MATERIALS 60.00 PML FOODS 00356-0067 28-Jun-2021 MATERIALS 156.00 PML FOODS 00357-0052 05-Jul-2021 MATERIALS 186.00 PONTE,JIMMY 446208 29-Jun-2021 MATERIALS 169.49 POPALZAI,MATEEN 446088 23-Jun-2021 TRAVEL/MILEAGE 32.45 POWELL,BETHANY 445948 16-Jun-2021 TRAINING 226.00 PPE SOLUTIONS INC 446329 07-Jul-2021 MATERIALS 1,743.70 PRECISE PARK LINK INC 00352-0051 07-Jun-2021 MATERIALS 10,723.53 PRECISE PARK LINK INC 00357-0053 05-Jul-2021 CONTRACT SERVICES 310.75 PREMIER EQUIPMENT LTD 446209 29-Jun-2021 MATERIALS 543.30 PREMIER TRUCK GROUP 00352-0052 07-Jun-2021 STORES/INVENTORY 2,479.03 PREMIER TRUCK GROUP 00353-0060 14-Jun-2021 MATERIALS 1,953.53 PREMIER TRUCK GROUP 00356-0068 28-Jun-2021 STORES/INVENTORY 589.08 PREMIER TRUCK GROUP 00357-0054 05-Jul-2021 MATERIALS 1,176.66 PREVOST 00352-0053 07-Jun-2021 STORES/INVENTORY 7,215.38 PREVOST 00353-0061 14-Jun-2021 STORES/INVENTORY 6,308.89 PREVOST 00354-0043 21-Jun-2021 STORES/INVENTORY 683.87 PREVOST 00356-0069 28-Jun-2021 STORES/INVENTORY 1,201.60 PREVOST 00357-0055 05-Jul-2021 STORES/INVENTORY 347.64 PREVOST 00358-0051 12-Jul-2021 STORES/INVENTORY 3,338.96 PRINTING HOUSE LTD 00353-0062 14-Jun-2021 MATERIALS 260.51 PRINTING HOUSE LTD 00358-0052 12-Jul-2021 MATERIALS 333.24 PRO BATTERY SHOPS 00352-0054 07-Jun-2021 STORES/INVENTORY 2,319.84 PRO BATTERY SHOPS 00353-0063 14-Jun-2021 STORES/INVENTORY 1,245.54 PRO BATTERY SHOPS 00354-0044 21-Jun-2021 MATERIALS 225.44 PRO BATTERY SHOPS 00356-0070 28-Jun-2021 MATERIALS 603.37 PRO BATTERY SHOPS 00357-0056 05-Jul-2021 MATERIALS 67.80 PROFORMA 445828 09-Jun-2021 MATERIALS 842.55 PROJECT SHARE 446089 23-Jun-2021 FEE FOR SERVICE 24,866.67 PROPHET CORPORATION 445829 09-Jun-2021 MATERIALS 1,751.78 PRUTHI,KIMSY 445949 16-Jun-2021 REFUND 88.27 PRW EXCAVATING CONTRACTORS LTD 00354-0045 21-Jun-2021 MATERIALS 9,040.00 PUBLIC SECTOR DIGEST 446090 23-Jun-2021 MATERIALS 11,603.82 PUROLATOR INC 00352-0055 07-Jun-2021 COURIER 157.12 PUROLATOR INC 00353-0064 14-Jun-2021 COURIER 145.59 PUROLATOR INC 00354-0046 21-Jun-2021 COURIER 89.27 PUROLATOR INC 00356-0071 28-Jun-2021 COURIER 72.25 PUROLATOR INC 00357-0057 05-Jul-2021 COURIER 267.03 PUROLATOR INC 00358-0053 12-Jul-2021 COURIER 108.03 PUTOCZKI,CHRISTINA& PUTOCZKI, CHRISTOPHER 445950 16-Jun-2021 REFUND 1,000.00 PVM HYDRAULICS LTD.00353-0065 14-Jun-2021 MATERIALS 2,041.65 PVS CONTRACTORS INC.00354-0047 21-Jun-2021 CONTRACT SERVICES 282.50 PYRAMID TRAFFIC INC 00357-0058 05-Jul-2021 CONTRACT SERVICES 25,255.50 QAZI,ALTAF 446091 23-Jun-2021 MATERIALS 169.50 QI,JIN 445951 16-Jun-2021 REFUND 177.76 QRX TECHNOLOGY GROUP 00352-0056 07-Jun-2021 SERVICES 761.96 QRX TECHNOLOGY GROUP 00354-0048 21-Jun-2021 SERVICES 772.39 QUADIENT LEASING CANADA LTD 00356-0072 28-Jun-2021 LEASES AND RENTS 627.15 R J SMITH EQUIPMENT INC 445833 09-Jun-2021 MATERIALS 1,017.00 R J SMITH EQUIPMENT INC 445956 16-Jun-2021 STORES/INVENTORY 508.50 R J SMITH EQUIPMENT INC 446210 29-Jun-2021 MATERIALS 7,977.80 R J SMITH EQUIPMENT INC 446332 07-Jul-2021 MATERIALS 4,087.10 R W HAMILTON LTD.00357-0059 05-Jul-2021 MATERIALS 305.72 R. STASIAK ENGINEERING INC 00356-0073 28-Jun-2021 MATERIALS 847.50 RACINE,PHIL 446092 23-Jun-2021 MATERIALS 63.26 RACO AUTO SUPPLY LTD 00352-0057 07-Jun-2021 STORES/INVENTORY 1,049.34 RACO AUTO SUPPLY LTD 00353-0066 14-Jun-2021 STORES/INVENTORY 815.50 RACO AUTO SUPPLY LTD 00354-0049 21-Jun-2021 STORES/INVENTORY 611.58 RACO AUTO SUPPLY LTD 00356-0074 28-Jun-2021 STORES/INVENTORY 410.39 RACO AUTO SUPPLY LTD 00357-0060 05-Jul-2021 STORES/INVENTORY 952.40 RACO AUTO SUPPLY LTD 00358-0054 12-Jul-2021 STORES/INVENTORY 1,288.42 RAFIK GUIRGUIS US DRAFT 10-Jun-2021 MATERIALS 500.00 RANKIN CONSTRUCTION INC 00352-0058 07-Jun-2021 MATERIALS 3,639.19 RANKIN CONSTRUCTION INC 00356-0075 28-Jun-2021 CONTRACT SERVICES 317,193.01 RASMUSSEN,DARREN 445952 16-Jun-2021 REFUND 123.51 RAVIRAJ SHARMA DENTISTRY PROFESSIONAL CORP 445953 16-Jun-2021 REFUND 2,500.00 RAY,SHANTANI 445954 16-Jun-2021 MATERIALS 67.80 RBC 446094 23-Jun-2021 REFUND 85.28 RBC INSURANCE 00352-0059 07-Jun-2021 REMITTANCE 2,140.20 RBC INSURANCE 00357-0061 05-Jul-2021 REMITTANCE 2,140.98 REALTAX INC 00352-0060 07-Jun-2021 MATERIALS 638.45 REALTAX INC 00358-0055 12-Jul-2021 MATERIALS 440.70 RECEIVER GENERAL OF CANADA 445830 09-Jun-2021 REMITTANCE 710,747.13 RECEIVER GENERAL OF CANADA 446095 23-Jun-2021 REMITTANCE 743,830.39 RECEIVER GENERAL OF CANADA 446330 07-Jul-2021 REMITTANCE 731,497.02 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.00352-0061 07-Jun-2021 MATERIALS 1,145.93 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.00356-0076 28-Jun-2021 MATERIALS 746.66 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.00357-0062 05-Jul-2021 MATERIALS 5.13 REFRIGERATION ENERGY SOLUTIONS LTD 00352-0062 07-Jun-2021 CONTRACT SERVICES 16,094.79 REFRIGERATION ENERGY SOLUTIONS LTD 00354-0050 21-Jun-2021 CONTRACT SERVICES 24,968.65 Page 292 of 431 REGIONAL MUNICIPALITY OF NIAGARA 00352-0063 07-Jun-2021 CONTRACT SERVICES 40,157.86 REGIONAL MUNICIPALITY OF NIAGARA 00353-0067 14-Jun-2021 MATERIALS 22,657.14 REGIONAL MUNICIPALITY OF NIAGARA 00354-0051 21-Jun-2021 REFUND 4,607.77 REGIONAL MUNICIPALITY OF NIAGARA 00355-0007 30-Jun-2021 REMITTANCE 2,042,859.21 REGIONAL MUNICIPALITY OF NIAGARA 00357-0063 05-Jul-2021 CONTRACT SERVICES 234,661.45 REGIONAL MUNICIPALITY OF NIAGARA 00358-0056 12-Jul-2021 REMITTANCE 504,703.14 REID,BETTY 445955 16-Jun-2021 REFUND 221.75 REINHARDT,BOB 445831 09-Jun-2021 CONTRACT SERVICES 678.00 RICCI,FRANK& RICCI, MARISA 445832 09-Jun-2021 REFUND 137.00 RICOH CANADA INC 00356-0077 28-Jun-2021 SERVICES 6,455.26 RICOH CANADA INC 00358-0057 12-Jul-2021 LEASES AND RENTS 6,908.97 RINES,VINCENT J& RINES, ANGELA 446331 07-Jul-2021 REFUND 500.00 ROAD WAVES INC 445834 09-Jun-2021 MATERIALS 56.50 ROCHESTER MIDLAND CANADA CORPORATION 00352-0064 07-Jun-2021 CONTRACT SERVICES 321.82 ROCHESTER MIDLAND CANADA CORPORATION 00356-0078 28-Jun-2021 CONTRACT SERVICES 307.35 ROCHESTER MIDLAND CANADA CORPORATION 00357-0064 05-Jul-2021 CONTRACT SERVICES 651.16 ROMEO,ANTONIO& LEAL, JENNIFER 446211 29-Jun-2021 REFUND 218.55 ROUSSELL,BRANDON 445835 09-Jun-2021 MATERIALS 50.00 ROXBURGH LANDSCAPING 00353-0068 14-Jun-2021 CONTRACT SERVICES 5,000.25 ROZON,MATTHEW 446096 23-Jun-2021 MATERIALS 170.00 ROZON,MATTHEW 446333 07-Jul-2021 MATERIALS 45.00 RUSH TRUCK CENTRES OF CANADA LTD 00352-0065 07-Jun-2021 MATERIALS 654.46 RUSH TRUCK CENTRES OF CANADA LTD 00353-0069 14-Jun-2021 MATERIALS 2,195.61 RUSH TRUCK CENTRES OF CANADA LTD 00354-0052 21-Jun-2021 MATERIALS 3,351.98 RUSH TRUCK CENTRES OF CANADA LTD 00356-0079 28-Jun-2021 MATERIALS 3,482.53 RUSH TRUCK CENTRES OF CANADA LTD 00357-0065 05-Jul-2021 MATERIALS 606,059.43 RUSH TRUCK CENTRES OF CANADA LTD 00358-0058 12-Jul-2021 MATERIALS 7,566.91 S.B. SIMPSON GROUP INC.00353-0070 14-Jun-2021 STORES/INVENTORY 262.16 S.B. SIMPSON GROUP INC.00354-0053 21-Jun-2021 STORES/INVENTORY 32.77 S G BURIAL PLATFORM US DRAFT 07-Jun-2021 MATERIALS 3,871.87 SACCO CONSTRUCTION LTD 446097 23-Jun-2021 CONTRACT SERVICES 35,373.45 SACCO,CARLO 445836 09-Jun-2021 REFUND 2,100.00 SAFESTOR RECORDS MANAGEMENT 446099 23-Jun-2021 MATERIALS 294.93 SAFETY-KLEEN CANADA INC 446098 23-Jun-2021 CONTRACT SERVICES 2,049.57 SAHS,KATIE 446334 07-Jul-2021 REFUND 500.00 SANI GEAR 00357-0066 05-Jul-2021 MATERIALS 2,675.73 SANI GEAR 00358-0059 12-Jul-2021 MATERIALS 2,759.18 SARENA PROPERTIES LTD 446212 29-Jun-2021 REFUND 492.55 SASSAFRAS FARMS 00352-0066 07-Jun-2021 CONTRACT SERVICES 395.50 SASSAFRAS FARMS 00354-0054 21-Jun-2021 CONTRACT SERVICES 791.00 SASSAFRAS FARMS 00356-0080 28-Jun-2021 CONTRACT SERVICES 6,324.61 SASSAFRAS FARMS 00358-0060 12-Jul-2021 MATERIALS 2,248.70 SAVOY,JEFF 446213 29-Jun-2021 MATERIALS 100.00 SCHAEFFER,STEPHANIE 445958 16-Jun-2021 REFUND 142.78 SCHLACHTA,TRACY 446100 23-Jun-2021 MATERIALS 175.00 SCOTT BEST SEWER SERVICES 00357-0067 05-Jul-2021 CONTRACT SERVICES 1,892.75 SCOTT CONSTRUCTION NIAGARA INC 00352-0067 07-Jun-2021 REFUND 1,250.00 SCOZZAFAVA,LUIGI 446335 07-Jul-2021 REFUND 500.00 SEAWAY FLUID POWER GROUP LTD 00352-0068 07-Jun-2021 MATERIALS 1,145.20 SEAWAY FLUID POWER GROUP LTD 00353-0071 14-Jun-2021 MATERIALS 694.63 SEAWAY FLUID POWER GROUP LTD 00356-0081 28-Jun-2021 MATERIALS 141.93 SEAWAY FLUID POWER GROUP LTD 00357-0068 05-Jul-2021 CONTRACT SERVICES 337.76 SENKERIK FIRE PROTECTION 00352-0069 07-Jun-2021 CONTRACT SERVICES 201.14 SENKERIK FIRE PROTECTION 00354-0055 21-Jun-2021 CONTRACT SERVICES 1,275.77 SERVICEMASTER CLEAN OF NIAGARA 00352-0070 07-Jun-2021 CONTRACT SERVICES 395.50 SERVICEMASTER CLEAN OF NIAGARA 00356-0082 28-Jun-2021 CONTRACT SERVICES 17,004.24 SERVICEMASTER CLEAN OF NIAGARA 00357-0069 05-Jul-2021 CONTRACT SERVICES 5,678.25 SEYMOUR,MONIKA 445959 16-Jun-2021 REFUND 200.00 SHAH,SANDIP 446336 07-Jul-2021 REFUND 500.00 SHANMUGLAINGAM,JEYASHANGAR 446214 29-Jun-2021 REFUND 20,589.48 SHRED IT C/O STERICYCLE ULC 446101 23-Jun-2021 CONTRACT SERVICES 723.09 SIGMA PROMOTIONS INC.00357-0070 05-Jul-2021 MATERIALS 4,525.28 SIGMA PROMOTIONS INC.00358-0061 12-Jul-2021 MATERIALS 1,871.19 SIGNATURE SIGN & IMAGE 00354-0056 21-Jun-2021 MATERIALS 457.65 SIGNATURE SIGN & IMAGE 00358-0062 12-Jul-2021 MATERIALS 2,147.00 SILVERGATE HOMES LTD.446102 23-Jun-2021 REFUND 750,918.24 SIMPLISTIC LINES INC 446103 23-Jun-2021 MATERIALS 1,008.87 SIMPLISTIC LINES INC 446103 23-Jun-2021 MATERIALS (378.00) SKINGLEY,MORGEN 446104 23-Jun-2021 REFUND 46.86 SLBC INC.445960 16-Jun-2021 MATERIALS 3,791.15 SLBC INC.446105 23-Jun-2021 MATERIALS 11,763.30 SMEJDA,KACPER 445838 09-Jun-2021 MATERIALS 78.94 SNAP ON TOOLS OF CANADA LTD 445839 09-Jun-2021 MATERIALS 4.45 SNAP ON TOOLS OF CANADA LTD 446106 23-Jun-2021 MATERIALS 114.36 SPARK INNOVATION EDUCATIONAL CENTER INC 00355-0008 30-Jun-2021 REMITTANCE 118,347.19 SPRIET ASSOCIATES ENGINEERS & ARCHITECTS 446215 29-Jun-2021 MATERIALS 766.14 ST JOHN AMBULANCE 00352-0071 07-Jun-2021 FEE FOR SERVICE 31,188.13 ST JOHN AMBULANCE 00354-0057 21-Jun-2021 CONTRACT SERVICES 254.25 ST JOHN AMBULANCE 00356-0083 28-Jun-2021 FEE FOR SERVICE 2,741.67 ST MARYS CEMENT INC 446109 23-Jun-2021 MATERIALS 3,356.78 STAMFORD HOME HARDWARE 00352-0072 07-Jun-2021 MATERIALS 137.60 STAMFORD HOME HARDWARE 00353-0072 14-Jun-2021 MATERIALS 277.81 STAMFORD HOME HARDWARE 00356-0084 28-Jun-2021 MATERIALS 19.49 STAMFORD HOME HARDWARE 00357-0071 05-Jul-2021 MATERIALS 79.04 STAMFORD HOME HARDWARE 00358-0063 12-Jul-2021 MATERIALS 66.63 STANDISH,ASHLEE 445840 09-Jun-2021 MATERIALS 50.00 STANTEC CONSULTING LTD 445841 09-Jun-2021 MATERIALS 3,558.99 STANTEC CONSULTING LTD 446107 23-Jun-2021 MATERIALS 33,971.40 STAPLES BUSINESS ADVANTAGE 00352-0073 07-Jun-2021 STORES/INVENTORY 1,933.31 STAPLES BUSINESS ADVANTAGE 00353-0073 14-Jun-2021 STORES/INVENTORY 3,571.56 STAPLES BUSINESS ADVANTAGE 00356-0085 28-Jun-2021 STORES/INVENTORY 4,565.95 STAPLES BUSINESS ADVANTAGE 00357-0072 05-Jul-2021 STORES/INVENTORY 1,906.63 Page 293 of 431 STAPLES BUSINESS ADVANTAGE 00358-0064 12-Jul-2021 STORES/INVENTORY 1,000.01 STAPLES,ZACH 445842 09-Jun-2021 TRAVEL/MILEAGE 38.94 STERNE,THOMAS& CHENG, SUI 446216 29-Jun-2021 REFUND 64.44 STORAGE NIAGARA 00354-0058 21-Jun-2021 MATERIALS 2,373.00 STORAGE NIAGARA 00356-0086 28-Jun-2021 MATERIALS 2,373.00 STORAGE NIAGARA 00357-0073 05-Jul-2021 MATERIALS 2,147.00 STRANGES,FRANCESCO & GIOVANNI& STRANSKY, MARIA 446217 29-Jun-2021 REFUND 646.91 STROHAK,ED 445961 16-Jun-2021 REFUND 1,138.36 SUN LIFE ASSURANCE COMPANY OF CANADA 00354-0059 21-Jun-2021 REMITTANCE 482,224.64 SUN LIFE ASSURANCE COMPANY OF CANADA 00357-0074 05-Jul-2021 REMITTANCE 470,208.12 SUN LIFE ASSURANCE COMPANY OF CANADA 00358-0065 12-Jul-2021 REMITTANCE 784.89 SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND COLLECTIONS - GROUP FINANCE44584309-Jun-2021 MATERIALS 1,940.00 SUNBELT RENTALS INC 446110 23-Jun-2021 MATERIALS 826.49 SUNSHINE BUILDING MAINTENANCE INC 00356-0087 28-Jun-2021 CONTRACT SERVICES 21,385.25 SUPERIOR PROPANE 446111 23-Jun-2021 MATERIALS 39.56 SYED,CHELSEA 445962 16-Jun-2021 REFUND 210.33 SYMPOSIUM TECHNOLOGIES INC 00354-0060 21-Jun-2021 MATERIALS 1,695.00 SYSTEMMACS VOICE DATA SOLUTIONS 445844 09-Jun-2021 SERVICES 1,389.90 TACEL LTD.446112 23-Jun-2021 MATERIALS 436.18 TALK WIRELESS INC 00352-0075 07-Jun-2021 CONTRACT SERVICES 254.70 TALK WIRELESS INC 00353-0074 14-Jun-2021 CONTRACT SERVICES 169.50 TALK WIRELESS INC 00356-0088 28-Jun-2021 CONTRACT SERVICES 11,763.29 TALK WIRELESS INC 00357-0075 05-Jul-2021 MATERIALS 42,315.14 TARTEN EQUIPMENT LIMITED 446337 07-Jul-2021 MATERIALS 2,435.72 TAVANO,KIM& TAVANO, JOE 446113 23-Jun-2021 REFUND 750.00 TAXITAB 446114 23-Jun-2021 CONTRACT SERVICES 786.42 TD CANADA TRUST 445963 16-Jun-2021 REFUND 622.00 TECHNICAL STANDARDS & SAFETY AUTHORITY 445845 09-Jun-2021 CONTRACT SERVICES 80.93 TECHNICAL STANDARDS & SAFETY AUTHORITY 445964 16-Jun-2021 CONTRACT SERVICES 223.24 TEDESCO,AARON 445846 09-Jun-2021 MATERIALS 120.00 TELUS COMMUNICATIONS COMPANY 446115 23-Jun-2021 SERVICES 2,180.90 TENAQUIP LIMITED 00353-0075 14-Jun-2021 MATERIALS 591.57 TENAQUIP LIMITED 00354-0061 21-Jun-2021 MATERIALS 416.50 TENAQUIP LIMITED 00358-0066 12-Jul-2021 MATERIALS 2,145.15 TERANET INC 445965 16-Jun-2021 REMITTANCE 6,000.00 TES INFORMATION TECHNOLOGY LTD.446339 07-Jul-2021 SERVICES 3,778.87 TETRA-CHEM INDUSTRIES LTD.00353-0076 14-Jun-2021 MATERIALS 313.01 THE CANADA TRUST COMPANY 446155 29-Jun-2021 REFUND 1,114.76 THIBODEAU,ANDREW 446218 29-Jun-2021 MATERIALS 50.00 THOMPSON AHERN & CO LIMITED 00353-0077 14-Jun-2021 CONTRACT SERVICES 116.18 THOMPSON AHERN & CO LIMITED 00357-0076 05-Jul-2021 CONTRACT SERVICES 31.15 THOROWEST PLAZA LTD 446220 29-Jun-2021 MATERIALS 2,401.84 TIERRA GEOMATIC SERVICES INC 00353-0078 14-Jun-2021 CONTRACT SERVICES 593.25 TIERRA GEOMATIC SERVICES INC 00356-0089 28-Jun-2021 CONTRACT SERVICES 683.65 TIESSEN,ZACK 445848 09-Jun-2021 MATERIALS 50.00 TK ELEVATOR (CANADA) LTD.00356-0090 28-Jun-2021 CONTRACT SERVICES 960.12 TOOLBOX 446116 23-Jun-2021 MATERIALS 2,012.53 TOOLBOX 446340 07-Jul-2021 MATERIALS 147.92 TOROMONT CAT 445849 09-Jun-2021 MATERIALS 2,148.83 TOROMONT CAT 445966 16-Jun-2021 MATERIALS 12,095.51 TOROMONT CAT 446117 23-Jun-2021 MATERIALS 270.99 TORONTO STAMP INC 00353-0079 14-Jun-2021 MATERIALS 58.42 TORONTO STAMP INC 00356-0091 28-Jun-2021 MATERIALS 65.70 TOWNE,CHARLENE 445850 09-Jun-2021 TRAINING 226.00 TRACTION HAMILTON 445967 16-Jun-2021 STORES/INVENTORY 475.73 TRADE A DOLLAR INC 446221 29-Jun-2021 REFUND 719.73 TRAILS END COMPANY INC 446341 07-Jul-2021 MATERIALS 7,627.50 TRANSAXLE PARTS (HAMILTON) INC.00352-0076 07-Jun-2021 STORES/INVENTORY 215.61 TRANSAXLE PARTS (HAMILTON) INC.00353-0080 14-Jun-2021 STORES/INVENTORY 4,792.22 TRANSAXLE PARTS (HAMILTON) INC.00357-0077 05-Jul-2021 STORES/INVENTORY 1,007.40 TRANSAXLE PARTS (HAMILTON) INC.00358-0067 12-Jul-2021 STORES/INVENTORY 226.90 TRANSFORM VAN & TRUCK 445968 16-Jun-2021 MATERIALS 803.43 TRANSFORM VAN & TRUCK 446118 23-Jun-2021 MATERIALS 1,811.39 TRANSFORM VAN & TRUCK 446223 29-Jun-2021 MATERIALS 19,590.81 TRANSIT COOLING SOLUTIONS 445851 09-Jun-2021 MATERIALS 593.25 TRANS-PLAN TRANSPORTATION INC 445852 09-Jun-2021 SERVICES 3,955.00 TRAPASSO,JUDY 446342 07-Jul-2021 REFUND 1,409.00 TRAPEZE SOFTWARE ULC 00356-0092 28-Jun-2021 STORES/INVENTORY 188.08 TRASMUNDI,LINO 446222 29-Jun-2021 REFUND 966.13 TRELFORD,ILA 446343 07-Jul-2021 REFUND 52.00 TURF CARE PRODUCTS CANADA LIMITED 00352-0077 07-Jun-2021 MATERIALS 442.88 TURF CARE PRODUCTS CANADA LIMITED 00353-0081 14-Jun-2021 MATERIALS 4,374.07 TURF CARE PRODUCTS CANADA LIMITED 00357-0078 05-Jul-2021 MATERIALS 1,352.85 TWARDAWSKY,NICK 445969 16-Jun-2021 TRAVEL/MILEAGE 114.46 TWARDAWSKY,NICK 446344 07-Jul-2021 TRAVEL/MILEAGE 137.47 UDALL,JEFF 446119 23-Jun-2021 REFUND 500.00 ULINE CANADA CORPORATION 445853 09-Jun-2021 MATERIALS 748.08 ULINE CANADA CORPORATION 445970 16-Jun-2021 MATERIALS 197.19 ULINE CANADA CORPORATION 446345 07-Jul-2021 MATERIALS 617.55 UMER FAROOQ,NIAZI 446120 23-Jun-2021 REFUND 90.98 UNISYNC GROUP LTD 00352-0078 07-Jun-2021 MATERIALS 327.70 UNISYNC GROUP LTD 00356-0093 28-Jun-2021 MATERIALS 2,070.05 UNISYNC GROUP LTD 00358-0068 12-Jul-2021 MATERIALS 73.45 UNITED WAY NIAGARA 00358-0069 12-Jul-2021 PAYROLL REMITTANCE 880.46 UPPER CANADA CONSULTANTS 00356-0094 28-Jun-2021 MATERIALS 5,077.71 UPPER VISTA NIAGARA FALLS DEVELOPMENT CORP 445971 16-Jun-2021 REFUND 200,000.00 UPS CANADA 446224 29-Jun-2021 MATERIALS 84.86 UPSHALL,MICHAEL 445972 16-Jun-2021 REFUND 132.16 URBAN & ENVIRONMENTAL MANAGEMENT INC 00352-0079 07-Jun-2021 MATERIALS 9,514.60 URBAN & ENVIRONMENTAL MANAGEMENT INC 00356-0095 28-Jun-2021 MATERIALS 26,431.17 URBAN & ENVIRONMENTAL MANAGEMENT INC 00358-0070 12-Jul-2021 MATERIALS 655.40 URGE TO PURGE 445973 16-Jun-2021 CONTRACT SERVICES 565.00 Page 294 of 431 URGE TO PURGE 446347 07-Jul-2021 CONTRACT SERVICES 3,107.50 VACCA,ANTHONY 446225 29-Jun-2021 REFUND 1,380.32 VALLEN CANADA INC 00352-0080 07-Jun-2021 MATERIALS 1,467.61 VALLEN CANADA INC 00356-0096 28-Jun-2021 MATERIALS 2,422.27 VALLEN CANADA INC 00357-0079 05-Jul-2021 MATERIALS 1,820.55 VALLEY WAY INVESTMENTS INC 446226 29-Jun-2021 REMITTANCE 1,017.45 VALLONIO,ANTHONY 445974 16-Jun-2021 MATERIALS 260.00 VALUE MUFFLER & BRAKE CENTRE 00354-0062 21-Jun-2021 MATERIALS 1,378.16 VALUE MUFFLER & BRAKE CENTRE 00356-0097 28-Jun-2021 MATERIALS 177.23 VALUE MUFFLER & BRAKE CENTRE 00357-0080 05-Jul-2021 MATERIALS 1,530.79 VAULTRA SELF STORAGE NIAGARA ASSET LTD 446227 29-Jun-2021 REFUND 4,490.03 VECTOR TOOLING 445855 09-Jun-2021 CONTRACT SERVICES 2,026.09 VIKING CIVES LTD 00353-0082 14-Jun-2021 MATERIALS 858.40 VIKING CIVES LTD 00356-0098 28-Jun-2021 MATERIALS 146.85 VIKING CIVES LTD 00358-0071 12-Jul-2021 MATERIALS 4,508.70 VIKING SECURITY CORP 00354-0063 21-Jun-2021 MATERIALS 433.92 VISSER,RITA 445856 09-Jun-2021 MATERIALS 50.00 VITTIE,JANET 445975 16-Jun-2021 SERVICES 485.90 VOITH TURBO 445857 09-Jun-2021 STORES/INVENTORY 1,164.31 VU,HANH 445976 16-Jun-2021 MATERIALS 158.19 WAJAX 445858 09-Jun-2021 MATERIALS 8,349.82 WAJAX 446122 23-Jun-2021 MATERIALS 1,130.00 WAJAX 446348 07-Jul-2021 MATERIALS 3,605.28 WAKUNICK,JAMES 446228 29-Jun-2021 MATERIALS 175.00 WALKER AGGREGATES INC 445859 09-Jun-2021 MATERIALS 1,561.98 WALKER AGGREGATES INC 445977 16-Jun-2021 MATERIALS 617.89 WALKER AGGREGATES INC 446123 23-Jun-2021 REFUND 1,659.80 WALKER AGGREGATES INC 446351 07-Jul-2021 MATERIALS 3,698.10 WALKERTON CLEAN WATER CENTRE 446350 07-Jul-2021 MATERIALS 1,661.10 WALTER,CAROL& WALTER, WILLIAM 446349 07-Jul-2021 REFUND 750.00 WALTERS,PATRICIA BETTY& WALTERS, TOM 445978 16-Jun-2021 MATERIALS 169.50 WARRINER,NATHAN 445860 09-Jun-2021 MATERIALS 100.00 WATSON & ASSOCIATES ECONOMISTS LTD 00358-0073 12-Jul-2021 CONTRACT SERVICES 1,028.30 WEINMANN LIMITED 00352-0081 07-Jun-2021 CONTRACT SERVICES 185.52 WEINMANN LIMITED 00353-0083 14-Jun-2021 CONTRACT SERVICES 21,296.63 WEINMANN LIMITED 00357-0082 05-Jul-2021 CONTRACT SERVICES 10,811.99 WEINMANN LIMITED 00358-0074 12-Jul-2021 CONTRACT SERVICES 34,483.78 WELDDARE METAL WORKS LTD 446124 23-Jun-2021 CONTRACT SERVICES 226.00 WESCO DISTRIBUTION CANADA INC 445861 09-Jun-2021 STORES/INVENTORY 542.67 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.00357-0083 05-Jul-2021 STORES/INVENTORY 1,041.07 WHITE CAP SUPPLY CANADA INC.445902 16-Jun-2021 MATERIALS 37.27 WHITE,REGINALD 446125 23-Jun-2021 REFUND 750.00 WHITELINE ARCHITECTS INC 00356-0101 28-Jun-2021 MATERIALS 1,007.51 WHYTE,LINDSAY 445979 16-Jun-2021 REFUND 211.10 WILLIAMS,ALEXYZ 445980 16-Jun-2021 REMITTANCE 1,500.00 WILLOUGHBY VOLUNTEER FIRE DEPARTMENT 445981 16-Jun-2021 LEASES AND RENTS 7,653.11 WILSON,WILLIAM M 445862 09-Jun-2021 MATERIALS 85.00 WINZEN NIAGARA HOMES LTD.446126 23-Jun-2021 REFUND 16,000.00 WINZEN NIAGARA HOMES LTD.446352 07-Jul-2021 REFUND 14,000.00 WOLSELEY CANADA INC.00352-0083 07-Jun-2021 MATERIALS 9,430.02 WOLSELEY CANADA INC.00353-0085 14-Jun-2021 STORES/INVENTORY 1,476.83 WOLSELEY CANADA INC.00354-0065 21-Jun-2021 MATERIALS 2,803.47 WOLSELEY CANADA INC.00356-0102 28-Jun-2021 STORES/INVENTORY 6,142.43 WOLSELEY CANADA INC.00358-0076 12-Jul-2021 STORES/INVENTORY 2,065.63 WOMEN'S PLACE OF SOUTH NIAGARA INC 446127 23-Jun-2021 FEE FOR SERVICE 1,612.50 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 446128 23-Jun-2021 CONTRACT SERVICES 20,940.60 WOOD,JAMIE 446129 23-Jun-2021 REFUND 209.04 WORK AUTHORITY 445982 16-Jun-2021 MATERIALS 2,414.68 WORK AUTHORITY 446130 23-Jun-2021 MATERIALS 112.99 WORK AUTHORITY 446353 07-Jul-2021 MATERIALS 200.00 WORK EQUIPMENT LTD 00354-0066 21-Jun-2021 MATERIALS 2,892.19 WORK EQUIPMENT LTD 00357-0085 05-Jul-2021 MATERIALS 629.95 WSIB 445863 09-Jun-2021 REMITTANCE 61,092.85 WSIB 445983 16-Jun-2021 REMITTANCE 8,159.83 WSIB 446131 23-Jun-2021 REMITTANCE 49,520.51 WSIB 446354 07-Jul-2021 REMITTANCE 15,315.95 WSIB 446355 07-Jul-2021 REMITTANCE 638.07 WSP CANADA INC 445864 09-Jun-2021 MATERIALS 7,500.38 XCG CONSULTING LIMITED 00358-0077 12-Jul-2021 MATERIALS 2,082.82 XPLORNET COMMUNICATIONS INC 446132 23-Jun-2021 SERVICES 107.34 XPRIME MUSIC INC 445865 09-Jun-2021 MATERIALS 56.50 YANNIX CANADA INC 446229 29-Jun-2021 REFUND 354.75 YOO,ANTHONY 445984 16-Jun-2021 REFUND 120.29 YOU,HEE YOUNG 446133 23-Jun-2021 REFUND 5.22 YOUNG SOD FARMS LTD 445985 16-Jun-2021 MATERIALS 393.81 YWCA 00356-0103 28-Jun-2021 FEE FOR SERVICE 4,277.75 ZAMAKAS,LIYA 445986 16-Jun-2021 REMITTANCE 1,500.00 ZAMBONI COMPANY LTD 445866 09-Jun-2021 CONTRACT SERVICES 3,806.13 ZANINI,RON 446134 23-Jun-2021 MATERIALS 200.00 ZANONI,RAFAEL 446135 23-Jun-2021 REFUND 113.78 ZHANG,HANZHEN 445987 16-Jun-2021 REFUND 84.20 29,323,916.34 Page 295 of 431 F-2021-42 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-42 Monthly Tax Receivables Report – June RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as of June 30, 2021 were $31.2 million compared to $24.7 million in 2020. During June, tax receivables as a percentage of taxes billed increased from 26.1% in 2020 to 38.8% in 2021. These discrepancies are mainly due to the COVID-19 pandemic as in 2020 final residential bills were not issued until July, one month later than the historical June billing. The City’s finance staff has begun the collection process for properties that are subject to registration for 2021 as well as continuing the collection process for properties that were subject to registration for 2020. There are currently eight properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2021 lags behind the collection history for 2020 for the month of June. Table 1 shows that taxes outstanding at June 30, 2021 are $31.2 million. This represent an increase from $24.7 million in arrears for the same period in 2020. This discrepancy is mainly due to the COVID-19 pandemic as in 2020 final residential bills were not issued until July, one month later than the historical June billing. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property classes. Residential property taxes outstanding have increased by $37.9 million compared to June 2020 and commercial property taxes outstanding have decreased by $0.23 million. The large variance for residential properties is due to no residential billings in June 2020. Page 296 of 431 2 F-2021-42 August 10, 2021 Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2021, 362 properties were subject to registration for 2021. Table 3(a) summarizes the progress of these actions after six months of activity. This table shows 71.2% of the tax accounts or 258 properties have been paid in full or the owners have made suitable payment arrangements. During June, ten accounts were paid in full. Due to the COVID-19 pandemic, finance staff halted collection action for six months on accounts subject to registration in 2020. Table 3(b) summarizes the properties outstanding that were subject to registration in 2020 and finance staff continues to pursue collections. 61 properties remain from the 2020 listing, of which 68.8 % or 42 properties have paid in full or made suitable payment arrangements in the month of June. Finance will continue collection action on these outstanding properties throughout 2021. Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of June, no properties were registered. The outstanding taxes for registered properties represents 0.5% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at June 30, 2021 is 38.8%, which is a increase of 2020’s value at 26.1%. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at June 30, 2021 Table 2 Taxes Receivable by Property Class at June 30, 2021 Table 3(a) Number of Properties Subject to Registration (as at January 1, 2021) Table 3(b) Number of Properties Subject to Registration (as at January 1, 2020) Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer A.Ferguson Page 297 of 431 TABLE 1 Taxes Receivable at June 30, 2021 2021 2020 Outstanding Taxes @ May 31, 2021 28,086,021$ 31,476,132$ Taxes Billed and Due June 30 31,481,730$ N/A Penalty/Interest charged in June 109,647$ 103,408$ Taxes Collected during June 28,429,990$ 6,906,367$ Outstanding Taxes @ June 30, 2021 31,247,408$ 24,673,173$ Taxes Billed and Due September 30 31,481,730$ N/A Total Taxes to be Collected 62,729,138$ 24,673,173$ Outstanding Taxes by Year: 3 Years and Prior 2,001,854$ 1,563,122$ 2 Year 2,357,236$ 2,639,729$ 1 Year 7,274,037$ 5,657,561$ Current 51,096,011$ 14,812,761$ Total 62,729,138$ 24,673,173$ TABLE 2 2021 2020 Variance Taxes Owing Taxes Owing ($) Residential 48,536,883$ 10,657,832$ 37,879,051$ Multi-Residential 84,114$ 288,103$ (203,989)$ Commercial 13,492,615$ 13,260,711$ 231,904$ Industrial 475,420$ 434,263$ 41,157$ Farmlands 140,105$ 32,264$ 107,841$ Total Receivables 62,729,138$ 24,673,173$ 38,055,965$ Taxes Receivable by Property Class at June 30, 2021 Page 298 of 431 TABLE 3 (a) Number of Properties Subject to % Registration as at June 30, 2021 Initial Amount (January 1, 2021)362 Paid in Full 138 38.1% Payment Arrangements 120 33.1% Ongoing Collection 104 28.7% Action Registered 0 0.0% 362 100.0% TABLE 3 (b) Initial Amount (January 1, 2020)61 Paid in Full 26 42.6% Payment Arrangements 16 26.2% Ongoing Collection Action 19 31.1% Registered 0 0.0% 61 100.0% TABLE 4 November 2021 4 236,011$ May 2022 4 86,234$ Totals 8 322,246$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 299 of 431 L-2021-15 August 10,2021 ’/"7" Niagara?qlls r Nun REPORT TO:Mayor James M.Diodati and Members of Municipal Council SUBMITTED BY:Legal Services SUBJECT:L-2021-15 Encroachment Agreement with the City 6671 Fallsview Boulevard and encroachments into the Fallsview Boulevard road allowance (Owners:Brian Desmond Fitzgerald, Cynthia Cecelia Fitzgerald and Elizabth Anne Solari;Tenant: Copacabana Brazilian Steakhouse) Our File No.2020-141 RECOMMENDATIONS 1.In the event that Council determines it is in the best interest to do so,that Brian Desmond Fitzgerald,Cynthia Cecelia Fitzgerald and Elizabeth Anne Solari (the “Owners”)be permitted the continued use and maintenance of the existing partial encroachments onto the City’s road allowance,being a portion of Fallsview Boulevard road allowance and appurtenant to the building located at 6671 Fallsview Boulevard,as shown in Schedules “A”(Part 2)and “B”and to enter into an Encroachment Agreement with the City,in a form satisfactory to the City Solicitor. 2.That the Mayor and Clerk be authorized to execute the required Encroachment Agreement. 3.That the City Solicitor is authorized to register the Encroachment Agreement on title to 6671 Fallsview Boulevard and the applicable parcel for the affected portion of Fallsview Bouleard in the Land Registry Office. EXECUTIVE SUMMARY request that it be permitted to continue the use and maintenance of the existing partialencroachmentsontoaportionoftheFallsviewBoulevardroadallowance(the“Encroachments”),by way of entering into an Encroachment Agreement with the City.The existing encroachments consist of part of the building,specifically the entrance doorsswingandacustomglasswallstackasshownonSchedules“A”(Part 2)andPage 300 of 431 L-2021-15 August 10,2021 BACKGROUND The Tenant has applied for a Patio and Sidewalk Café under the new Temporary By—|aw 2021-31 which is shown as Part 1 on Schedule “A".Upon reviewing the application for the Patio and Sidewalk Cafe,it was discovered that the entrance doors swing and a custom glass wall stack encroach onto the Fallsview Boulevard road allowance.As a result,the Tenant has made an application to the City to permit the continued use and maintenance of the Encroachments and enter into an Encroachment Agreement. CIRCULATION COMMENTS Information about the request to permit the continued existence of the Encroachments was circulated to City departments for comment.The following summarizes the comments received to date: -Fire Services No objections to the Encroachment Agreement and requests that a clause be included that states no existing or future construction or activity can restrict access or obstruct the municipal fire hydrant located at the southeast corner of the property. -Planning Department No ob'ections or concerns. 0 Municipal Works No ob'ections or concerns. o Transportation Services No ob‘ections or concerns. ANALYSISIRATIONALE The Encroacwment Policies and Procedures Section 600.03 will require the Owner to pay disbursements relating to a search of title and costs to register the agreement,includingthepreparationanddepositofareferenceplan.The requirement of a reference plan willassisttheCiyinensuringthatnoadditions,alterations or expansions are made to theEncroachments,and,will provide subsequent purchasers/owners of the property effectivenoticeoftheEncroachments’type,location and dimensions.Page 301 of 431 L-2021-15 August 10,2021 Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time.There is currently no set schedule for annual encroachmentfees,and,such annual fees are set on a case by case basis as determined by the City Solicitor.The Finance Department provided a preliminary list ofencroachment agreements on file to Legal Services in November,2020,which showed a majority of these type of minor encroachments at a nominal annual fee (ex.$2.00)collected against the property's tax roll number (which is another way to notify a property owner/potential purchaser of the encroachment agreement).At this time,and,in lieu of a more formal way of determining an annual fee,it is recommended that the encroachment agreement provide for a nominal annual fee,which is consistent with past City practices. The encroachment agreement would grant the continuance of the use and maintenance of the Encroachments by the Owner/Tenant under terms and conditions as required and approved by the City Solicitor,including but not limited to,the provision that the continuance of the Encroachments as being granted be until such time as the Encroachments are required to be removed by the City,at the City's sole discretion. FINANCIAL IMPLICATIONS The Owners will be responsible for all costs relating to the reference plan and the preparation and registration of encroachment agreement.There will be a nominal annual fee of $2.00 payable by the Owners for the Encroachments until terminated. CITY'S STRATEGIC COMMITMENT The proposal does not directly impact any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule “A"—Surveyor’s Sketch (June 22,2021) Schedule “B”—Raimondo &Associates -Partial Site 2021) Ian —Encroachment Plan (April 1, Recommended by: Ed Lustig, Respectfully submitted:Jason Burgess,Chief Administrative OfficerAttachmentsPage 302 of 431 L-2021-15 August 10,2021 SCHEDULE “A” Surveyor’s Sketch (June 22,2021) §&"'...".‘»I?‘.‘:3.<.E.'§‘.’Z'.‘.?’.‘§"‘u“-3?c‘»’.E“i?.“..»R's"Pcé‘ns";'{‘3a?no),\ N)Am cm a . :"Cm N oggg?wnlroID ma av umvm-maav \ PLAN OF SURVEY or PART OF FALLSVIEWBOULEVARD (FORMERLYPDNYAGEROAD0|?PUNK ROAD) REGISTEREDPLAN NO.1 CITY OF NIAGARAFALLS REGIONALMUNICVPAUTVor NIAGARA SCALE I ‘150 s 5 w .5 ......, ma wsmxn mu :2:or ms mu.15 «am...m mm M 457mm m um um»mum Al A was or use J.D.BARNESLIMIIED PLAN5952-4742.p:~ARsE57z-ozu(L1)'‘5°"‘ N263l95(BEWW) ART5.PW‘5 .nowPrwsun-ozm(LY)9 N ..mm M......s 9..........5 7.......... A N «E .mss W4...z°°°“"“m.................“.....c.....m.9,,'—’r ~ M aammnmnzs9’ LEGEND........s W.MUMJVKNImum..nixovzs W.vmuvmv 5.. 9...........s ...............EM? 2?“WE:.%'.‘?'.’..§;:““"‘°"‘"”“..9......amiss 9 nuts nmolts unsuun 4 ...ommts ......m ........._......m.........M 9...... 4,.2...omovts ..mocouz,oLs DB .0.....am........ <=‘5 # .....5.“...:3$z ‘.i.‘E.°';.‘2.‘.'.“.’.'s"“‘”"“""°*"‘ w)__.,-——-’_Tn anus)P1 DD40l(s FUN OI swnvv av ID nlmts mum DAIEDMum a. 4.I -r mane 2 \m 20-woo:-no -‘*3!’NKNWIII/s-sown /pus!/wants!...m muse--174,1-\Page 303 of 431 L-2021-15 August 10,2021 SCHEDULE “B” Partial Site Plan —Encroachment Plan CABANA AURANT $E .—!S E§§§ SEE ?1:Ta an-nu um-:.-Ta REFAINING MUNICIPAL WALL /‘K Partial Site Plan -Encroachment PlanPage 304 of 431 MW-2021-45 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-45 Drummond Road Phase 1 Project Update RECOMMENDATION 1. That Council grant Alfidome Construction Niagara’s request to delay the issuance of the notice to commence construction until February 7th, 2022, resulting in a substantial completion date of no later than June 30th, 2022; and further, 2. That City Council authorize staff to work with Alfidome Construction Niagara to start construction before the proposed February 7th, 2022 date, if an earlier construction date is seen as beneficial to the City. This would include negotiating winter maintenance costs for work prior to February 7th, 2022; and further, 3. That due to unforeseen COVID-19 supply chain challenges, Council grant Alfidome Construction Niagara’s request that the City cover any increases to actual material costs from when their initial bid was submitted to the actual material purchase date, subject to the terms, conditions, and specifications for such matters as found in the Contract. EXECUTIVE SUMMARY On March 29th 2021 the City awarded Contract #2021-530-20 to the lowest bidder Alfidome Construction Niagara at the corrected bid price of $2,766,957.56 + applicable taxes. Since sufficient funds were approved by Council in the 2021 Capital Budget for the amount of $4,147,200.00, no additional approval was required to continue in accordance with By-law No. 2018-2. A commencement date of the project was established for July 15th, 2021 during the preconstruction meeting held on June 7, 2021, with Staff providing notification to surrounding property owners in advance of the start date. No physical work has begun on the project. On July 6th, 2021 Alfidome Construction Niagara provided the City with a letter (Attachment 2) identifying significant material supply delays as a result of the market Page 305 of 431 2 MW-2021-45 August 10, 2021 volatility created by the COVID 19 pandemic. On July 15th, 2021 Alfidome Construction Niagara provided the City with letters from suppliers (Attachment 3) indicating material lead times are currently in the range of 15 to 20 weeks. On July 21, 2021 Alfidome Construction Niagara provided the City with a letter confirming their intent to carry out the Contract, confirming that they had ordered the material required to complete construction, and provided a revised schedule showing the largest potential delay based on supplier provided material lead times (Attachment 1). Staff recommend the request based on the understanding of the Contractor is doing everything in their control to commence construction as soon as possible, and that all associated costs with delaying the issuance of the notice to commence construction to February 7th, 2022, including those related to winter construction, will be the sole responsibility of Alfidome Construction Niagara with the exception of material cost increases. The revised construction commencement date results in a substantial completion date of no later than June 30th, 2022. Given the current volatility of material prices, staff recommend the City cover any increases to material costs from when their initial bid was submitted to the actual material purchase date. Should Council deny the request, Staff will commence the project and tallying working days with the possibility that the Contractor will be in default of the contract and subsequent litigation measures will pursue. The purpose of this report is to inform Council of the new construction schedule, and to recommend that Council approve Alfidome Construction Niagara’s request on Contract #2021-530-20 for a restart date of February 7th, 2022, at the latest. BACKGROUND Staff completed a tendering process on Thursday, March 25th, 2021 with five (5) bids being received from Alfidome Construction Niagara in the amount of $2,766,957.56, Rankin Construction Inc. in the amount of $3,083,725.00, O’Hara Trucking & Excavating in the amount of $3,348,638.50, Demar Construction Inc. in the amount of $3,377,173.54, and Peters Excavating Inc. in the amount of $3,647,277.17; plus applicable taxes. On March 29th, 2021 City Staff awarded Contract 2021-530-20 to the lowest bidder Alfidome Construction Niagara at the corrected bid price of $2,766,957.56 , plus applicable taxes. Since sufficient funds were approved by Council in the 2021 Capital Budget for the amount of $4,147,200.00, no additional approval was required to continue in accordance with By-law No. 2018-2. Following execution of the contract on May 18, 2021 a Preconstruction Meeting was held on June 7th, 2021 with City Staff, our consultant, and key Alfidome Construction Niagara staff. It was agreed during the Preconstruction Meeting that construction would start by July 19th, 2021. Prior to and following the Preconstruction Meeting, City representatives pushed for submission of required documentation including a construction schedule p rior Page 306 of 431 3 MW-2021-45 August 10, 2021 to commencement of works. City Staff distributed notices to impacted residents in advance of construction, including a pre-condition survey notification from the Contractor. On July 6th, 2021 Alfidome Construction Niagara provided the City with a letter identifying significant material supply delays as a result of the market volatility created by the COVID 19 pandemic. An emergency meeting was held on July 7th, 2021 with City Staff, our consultant, and key Alfidome Construction Niagara staff to discuss the material supply delays. Alfidome Construction Niagara requested that the City delay issuing the notice to commence construction. Staff advised that letters from suppliers identifying the material supply concerns, as well as a revised worst case scenario schedule from Alfidome Construction Niagara was required. On July 15th, 2021 Alfidome Construction Niagara provided the City with letters from suppliers indicating material lead times are currently in the range of 15 to 20 weeks. On July 21, 2021 Alfidome Construction Niagara provided the City with a letter confirming their intent to carry out the Contract, confirming that they had ordered the material required to complete construction, and provided a revised schedule showing the largest potential delay based on supplier provided material lead times. City Staff distributed notices to impacted residents identifying the delayed construction start date. No physical work has begun on the project. ANALYSIS/RATIONALE Alfidome Construction Niagara’s formal request to reschedule the start of the project until mid-February, 2022 was received on July 21, 2021. Delayed order placement by the Contractor and increased lead time for materials is a major factor in the delay to date and consequently their request. Staff advise that though the events that have brought us to this situation are unfortunate, there are no concerns with resetting the contract start date to mid-February 2022 given the commitment from the Contractor to honour all associated costs with the delay. Staff have also confirmed that the remainder of the Drummond Road program of work can be completed within the required funding timeframes of the Canada Infrastructure Program (ICIP): Rural and Northern Stream included in the Transfer Payment Agreement between the Province of Ontario and the City of Niagara Falls. Should Council deny the request, Staff will commence the project and proceed to apply the clauses of the contract, up to and possibly including placing the Contractor in default of the contract. This alternative will likely result in increased delays and expenses due to litigation and re-tendering. Page 307 of 431 4 MW-2021-45 August 10, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Drummond Road Phase 1 – Thorold Stone Road to Cherrywood Road project was approved in the Capital Budget Program in the amount of $4,147,200. As there may be additional material costs associated with extending the contract, there may be additional costs that will be allocated to the Project budget. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by providing strong and resilient infrastructure in a healthy and safe livable community through accountable government practices. LIST OF ATTACHMENTS 1. Alfidome Construction Niagara Formal Request 2. Alfidome Construction Niagara Notice of Delay 3. Supporting Letters from Suppliers Recommended by: Erik Nickel, Director of Municipal Works/City Engineer Respectfully submitted: Jason Burgess, Chief Administrative Officer Z. Staples Page 308 of 431 GONSlRUCT|0NNIAGARA 1701 Thorold Townline Road -Niagara Falls,Ontario L2E 685 P:905-371-1701 F:905-371-1744 July 21,2021 City of Niagara Falls 4310 Queen St. P.O.Box 1023 Niagara Falls,ON l_2E 6X5 Attention:Mr.Zach Staples Re:Contract 2021-530-20 Drummond Road Reconstruction Construction Delays Dear Zach: Further to our prior correspondence regarding material delivery delays for the above captioned project, please be advised that we are 100%committed to completing this contract. The most significate issue of this delay are the cast iron products.Our suppliers are unable to give us a firm delivery date,but are optimistic that November maybe attainable.With that being said we are requesting a revised commencement date of February 7,2022,weather and material delivery pending. We would also like to bring to your attention that our material prices for the watermain and storm sewer have increased by approximately 40-50 thousand dollars.Once all materials have been secured and final numbers are calculated,we will be submitting a claim for reimbursement in that amount. A detailed construction schedule will be submitted closer to February 7.Should you require anything further,please feel free to contact me. Construction Manager Page 309 of 431 CDN§TRUCTl0NNIAGARA 1701 Thorold Townline Road -Niagara Falls,Ontario L2E 6S5 P:905~371~1701 F:905-371-1744 July 6,2021 City of Niagara Falls Attn:Steve &Zach Re:Contract 2021-530-20 Drummond Road Reconstruction The primary outstanding submission,the schedule,has yet to be determined,for reasons beyond our control and outlined herein. Due to the unprecedented market volatility,we are currently experiencing,we are unable to secure the pipe and fittings required for this project.We have communicated with an extensive list of suppliers, both in Canada and the U.S.,and receive the same response from each,pipe delivery up to 16 weeks from our date,no delivery date for any fittings and pricing not available until delivery date established by supplier.We have been working on this for the past 4 weeks and now find ourselves in the precarious situation of requiring a significantly delayed start and subsequent completion date. We would like to schedule a meeting with the involved parties to discuss this and resolve a plan. 17%~%\ Nick Pellegrino Page 310 of 431 Tom Cavanagh From:Mike Crawford <MCrawford@emcoltd.com> Sent:July 13,2021 3:05 PM To:Frank Pellegrino;Tom Cavanagh Subject:Drummond Rd Reconstruction Phi —NF Tom 8t Frank, Due to severe industry wide product shortages at the present time,products needed for this project,especially 300mm watermain materials (notably pipe,MJ fittings,restrainers),will be very difficult to obtain in any timely manner.Many products have long and uncertain lead times;we are often advised by suppliers that lead times could be 16 weeks.We are witnessing an unprecedented year in terms of product demand,product shortages,and price increases.Unfortunately,many vendors are predicting this trend will continue into early 2022 at least. Thanks, Mike Crawford ]PC Manager |EMCO Waterworks |St.Catharines ON Tel:905-685-3626 |mcrawford@emcoltd.com |www.emcowaterworks.com Tnrs message and any attacnnients are intended only tor tne use of the intended reclp1enl(5)‘are con?dential,and may be prlvtleged It you are not the intended recipient you are hereby notified trial any revlew,relransmlsslon,conversion to nerd Copy,Copying circttlatieii or other use of this message and any attaclinieiits lS sirtcily pieniuited ll you are not lne lrllerlded recipient,or no longer Wish to receive eiiiarls from tlie sender‘please notlty the sender immediately by relutrl e-niail,anddeiete tiiis message and any attacnrnents train your system Page 311 of 431 Canada wATERw@)nKs June 7,2021 To:Frank Pellegrino Alfidome Construction Niagara Re:2021-530-20 ~Drummond Road Reconstruction The world is going through a resin shortage,delays in transportation and weather impediments,all through the global pandemic,and it's impacting all manufacturing.We have received notices from all suppliers and manufacturers declaring price increases,with more to come.They are experiencing production and supply issues and some imposing force majeure cancelling existing orders.As a result of the current stress on the supply chain Canada Waterworks is unable to honour pricing available at time of tender and an average lead time on all products is 15-20 weeks. Thank you for your continued support during these unprecedented times. Sincerely, Paul Quattrociocchi Vice—President 35 SHAFT ROAD,TORONTO ON M9W4M3 PHONE:(416)244-4848 FAX:(416)244-5757 Page 312 of 431 WOLSELEY0 July 13,2021 Re:Product Shortage Impacts Dear valued customer, As you know,economic recovery is fueling rapid growth in building and construction markets.While manufacturers are working to keep up with demand,unprecedented material shortages,product price increases and ongoing supply chain disruptions are impacting nearly every product category,supplier and consumer. The strength ofour Distribution Centre,overall supply chain and vendor partnerships put Wolseley Canada in a stronger inventory position than most businesses.However,we are not immune to shortage impacts —we anticipate inventory,supply chain and inflation-driven price increase challenges to continue into the nearfuture. Our commitment to you:As your trusted partner,our priority is to ensure you receive the product you need.We have several mitigation strategies in place,including keeping in close contact with our suppliers to forecast shortages where possible and offering alternative product solutions where it makes sense.We are also asking our customers to: -Place orders as soon as possible so we have greater visibility to what you'll need for your project. -Order only what is required for their projects to better manage our inventory and ?ll customer orders across the country.Significantly larger than normal orders require special approval. if you have any questions regarding your projects,please do not hesitate to reach out to us. Thank you for your continued partnership. Brian Scott David Stern Chris Choquette Vice President,Waterworks Vice President,Eastern Canada Vice President,Western Canada Wolseley Canada Inc.880 Laurentian Drive Burlington,ON L7N3V6 T905 335 7373 F 905 681 9175 wolseleyincca Page 313 of 431 ‘I910 Ailanport Road T 905.227.0705 wa,erw0,.ks Port Robinson,Ontario F 905.227.0863 Canada LOS1K0 iconixwwxsom Alficlome Construction 1701 Thorold Townline Rd Niagara Falls,ON Canada LZE SS5 Attention Frank: RE:Drummond Rd Reconstruction,Contract 2021—530—20 Due to the global Pandemic,resin shortages and logistic constraints we are experiencing delays in deliveries on pipe,fittings and appurtenances.We are expecting minimally 16 weeks delivery.We are working with our suppliers to obtain materials in a timely manner and may not be able to honor prior pricing. Thank you for your cooperation. Page 314 of 431 MW-2021-47 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-47 Canada Community Revitalization Fund Tennis and Basketball Courts Improvements Project RECOMMENDATION 1. That Council receive for information Report MW-2021-47 regarding the Tennis and Basketball Court Improvement grant submission; and further, 2. That subject to successful grant approval, City Council preapprove the allocation of 2022 capital funding in the amount of $267,500 to support the City of Niagara Falls portion of the Canada Community Revitalization Fund (CCRF) grant application. EXECUTIVE SUMMARY Prior to the June 23, 2021 application deadline Staff submitted an application under the Canada Community Revitalization Fund (CCRF) for a total project value of $1,017,500 for the refurbishment of four (4) multi-purpose tennis courts and five (4) multi-purpose basketball Courts. While there are no guarantees that the City will be successful with the application in this competitive grant, to be prudent Staff recommend Council consider pre-approval of $267,500 from the 2022 capital budget to support the City of Niagara Falls portion of the CCRF application for tennis and basketball courts improvements in six (6) City parks. If approved by the CCRF, the City of Niagara Falls could access up to $750,000 in Federal funding. The proposed projects were identified in the approved 2017 City of Niagara Falls Tennis and Basketball Service Delivery Review. If funded, construction would commence spring 2022 and completion would be anticipated for fall 2022. BACKGROUND The Canada Community Revitalization Fund (CCRF) is a two-year, $500 million national infrastructure program to revitalize communities across Canada. Projects funded under the CCRF could receive a maximum contribution of up to $750,000 with funding to cover Page 315 of 431 2 MW-2021-47 August 10, 2021 up to 75% of the total project costs. The submission deadline for this funding opportunity was June 23, 2021. The approved 2017 City of Niagara Falls Tennis and Basketball Service Delivery Review identified priority refurbishment projects to support public needs for tennis and basketball facilities. The study recommended twenty-two (22) multi-purpose tennis courts and thirty- three (33) multi-purpose basketball courts to be created and/or refurbished. To date eight (8) multi-purpose tennis courts and seven (7) multi-purpose basketball courts have been created and/or refurbished. ANALYSIS/RATIONALE Prior to the June 23, 2021 deadline, staff submitted a funding application to support the implementation of priority Tennis and Basketball Service Delivery Review projects. These projects included the following; Park Name Address Planned Works A.G. Bridge Park 6706 Culp Street Reconstruct 2 tennis courts with premium surface, replace 2 tennis courts with 1 multi- purpose basketball court A.J. McKinley Park 4868 Crysler Avenue Reconstruct 1 tennis court with premium surface Alpine Park 7830 Alpine Drive Reconstruct 1 full-size multi-purpose basketball court Glenview Park 4521 Leader Lane Reconstruct 1 tennis court with premium surface, replace 1 tennis court with 1 multi- purpose basketball court Preakness Park 7857 Preakness Street Reconstruct 1 full-size multi-purpose basketball court Westfield Park 6983 Warden Avenue Reconstruct 1 full-size multi-purpose basketball court Totals 4 Multi-Purpose Tennis and 5 Multi- Purpose Basketball Courts All projects were identified in the Parks ten (10) year capital forecast. If approved and funding was awarded by the CCRF, engineering design would commence fall 2021 with construction starting spring 2022 and anticipated completion by fall 2022. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Currently no capital funding has been allocated to this project. The proposed project has been estimated to cost $1,017,500. Page 316 of 431 3 MW-2021-47 August 10, 2021 For the City of Niagara Falls application to the CCRF to qualify, a funding commitment is required for a portion of the project costs. Staff have proposed to the CCRF the following financial arrangement; $750,000 CCRF Project Contribution $267,500 City of Niagara Falls Project Contribution If the grant application is approved, Staff are recommending preapproval of $267,500 from the 2022 capital budget. This preapproval recommendation would be subject to the successful CCRF grant approval of the $750,000 project contribution. Staff will report back to council on the status of the approval and the requirement to pre-allocate funds in the 2022 Capital Budget at a later date. The contents of this report do not involve any staffing or legal implications. CITY’S STRATEGIC COMMITMENT The content and recommendation included in this report aligns with Council’s adoption of the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Community. LIST OF ATTACHMENTS Attachment 1 – 2022 Capital Budget Worksheet, Tennis and Basketball Courts Improvements Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer D. Antonsen Page 317 of 431 Total Project Cost (from Page 2) Requesting Department:Project Priority/Need Division:(High, Med, Low): Project Name:Project Start Date: Project Type:Estimated End Date: Asset Type:Project ID#: Project Description: Business Case: How does this tie into the Strategic Plan? Development Related:Yes If Yes -->Yes DC Background Study Year No x No DC Background Study Is there external Yes x If Yes -->Yes funding available?No No x Estimate x (Please check one) Quote Please attach any supporting documentation. Impact on Operating Budget: (eg. Debt Charges) (Include +/- $ amount) Tennis and Basketball Courts Improvements Q4 2021 Capital Budget Worksheet 2022 Municipal Works Parks High 1,017,500.00$ % DC Eligible Is the cost summary: Single year project Q4 2022 Rehabilitation Engineering design and construction rehabilitation of existing tennis and basketball courts at 6 City Parks. Yes, funding is confirmed No, funding has not been confirmed This project supports a Heathy, Safe and Livable Community. The 2017 City of Niagara Falls Tennis and Basketball Service Delivery Review recommended improvements to the City's inventory of tennis and basketball courts. This project implements court improvements to priority locations identified in the appoved study. These works would include; AG Bridge Park (reconstruct 2 tennis courts and convert 2 other tennis courts to 1 multi-purpose basketball court), AJ McKinley Park ( reconstruct 1 tennis court), Alpine Park ( reconstruct 1 multi-purpose basketball court), Glenview Park (reconstruct 1 tennis court and convert 1 tennis court to multi-purpose basketball court), Preakness Park (reconstruct 1 multi-purpose basketball court) and Westfield Park (reconstruct 1 multi- purpose basketball court). Page 318 of 431 Requesting Department:Total Project Division:Cost:1,017,500 Project Name: Project Description: 2022 2023 2024 2025 2026 Opening Balance - Jan. 01 (Surplus)/Deficit Expenditure Forecast Consulting 92,500 Land/Building Furniture/Equipment Construction: Roads Water Storm Sewers Sanitary Sewers Sitework/Landscaping 925,000 Contingency Other TOTAL EXPENDITURES 1,017,500 - - - - Funding Sources Transfer from Operating Transfer from Sewer Transfer from Water Capital SPRs OLG Reserve Fund Reserve Funds Development Charges Debentures Federal/Provincial Gas Tax Federal/Provincial Grants 750,000 External Contributions Other TOTAL FUNDING SOURCES 750,000 - - - - Closing Balance - Dec. 31 (Surplus)/Deficit 267,500 267,500 Capital Budget Worksheet 2022 - 267,500 267,500 267,500 267,500 Municipal Works Parks Tennis and Basketball Courts Improvements 267,500 267,500 267,500 Engineering design and construction rehabilitation of existing tennis and basketball courts at 6 City Parks. Page 319 of 431 MW-2021-51 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-51 Update to Definition of “Holiday” in Parking and Traffic By- laws RECOMMENDATIONS: That the definition of “holiday” in both Parking and Traffic By-law 89-2000 and Parking Lot By-law 96-50 be amended to include Family Day and National Day of Truth and Recognition, and omit Remembrance Day. EXECUTIVE SUMMARY The amendment to the definition of “holiday” in both Parking and Traffic By-law 89-2000 and Parking Lot By-law 96-50 will institute parking regulations, where applicable, during all current national and provincial public holidays. BACKGROUND Currently, in both Parking and Traffic By-law 89-2000 and Parking Lot By-law 96-50, the definition of “holiday” includes “New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the day proclaimed as a Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day, the day proclaimed as the reigning sovereign's birthday or the day appointed by proclamation of the Governor General-in-Council or the Lieutenant-Governor-in-Council as a public holiday or for a general feast or thanksgiving and the next following day when such holiday falls on a Sunday;” Recently, the federal government passed legislation to make September 30th a federal statutory holiday called the National Day for Truth and Reconciliation. Also, in 2008 the provincial government established every third Monday in February as a statutory holiday called Family Day. Page 320 of 431 2 MW-2021-51 August 10, 2021 The current definition of “holiday” in both by-laws don’t include Family Day and National Day of Truth and Recognition, and also includes Remembrance Day while it is not considered a statutory holiday in Ontario. ANALYSIS/RATIONALE There are some roadways in Niagara Falls that include parking and/or stopping regulations with exceptions that apply during holidays. As a housekeeping matter, Staff is recommending that the definition of a “holiday” in both Parking and Traffic By-law 89-2000 and Parking Lot By-law 96-50 be amended to include Family Day and National Day of Truth and Recognition, and omit Remembrance Day, to correspond with the most current public holidays established in Ontario. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial or staffing implications with Staff’s recommendation. A by-law amendment is required. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 321 of 431 PBD-2021-35 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-35 PLC-2021-002, Request for Removal of Part Lot Control Lot 22 Plan 239 2757-2761 Wedgewood Crescent Applicant: Bruno Alfano RECOMMENDATION That Council approve the request and pass the by-law included in today’s agenda to exempt Lot 22 Plan 239 from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Bruno Alfano has requested Council to pass a by-law to exempt Part Lot Control from Lot 22, on Registered Plan 239 to allow the transfer of ownership of the semi-detached dwelling to permit the sale of the units separately. The request can be supported based on the following: The zoning permits semi-detached dwellings and the proposed parcel sizes; and, The by-law will permit a deed to be created for each parcel containing a semi- detached dwelling unit and permit each property to be sold. BACKGROUND Bruno Alfano has submitted a request to have Part Lot Control lifted from Lot 22 on Registered Plan 239, located at 2757-2761 Wedgewood Crescent, as illustrated on Schedule 1. The applicant plans to sell one of the units in the semi-detached dwelling on the lands. 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 2 parts for 2 semi-detached dwellings as seen on Schedule 2. ANALYSIS/RATIONALE The subject lands are located on Wedgewood Crescent (Plan 239) which was registered on October 11, 1967. The subdivision contains lots for semi detached and detached dwellings. The lot is zoned Residential and Two (R2) zone by Zoning By-law No. 79-200, as amended. The proposed parcels comply with the minimum lot area and minimum lot Page 322 of 431 2 PBD-2021-35 August 10, 2021 frontage requirements of the zone. The owner has confirmed to the satisfaction of Municipal Works that each of the units are independently service. 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 would prevent the dwellings from being sold separately. 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. Approval of a Part Lot Control by-law is requested so that the lot can be divided into 2 parts to create 2 parcels for the semi-detached dwelling units. The exemption is to apply for two years to allow for flexibility in scheduling real estate closing dates. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges are not applicable, there are no financial implications. CITY’S STRATEGIC COMMITMENT Council’s priority is to use infill opportunities for multi-unit development to diversify the range of housing available in existing neighbourhoods. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Draft Reference Plan (Lot 22 Plan 239) Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer P. Boyle:cv Attach. S:\PART LOT CONTROL\2021\PLC-2021-002\PBD-2021-35, PLC-2021-002, Wedgewood Cr.docx Page 323 of 431 3 PBD-2021-35 August 10, 2021 SCHEDULE 1 (Location Map) Page 324 of 431 4 PBD-2021-35 August 10, 2021 SCHEDULE 2 (Draft Reference Plan) Page 325 of 431 PBD-2021-44 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-44 DOW-2017-005, Request for Extension of Commercial Building and Façade Grant Approval for 4463 Queen Street Applicant: Intellectual Inventive Inc. RECOMMENDATION That Council approve an extension of one year for the Commercial Building and Façade Improvement Grant Agreement for Application DOW -2017-005, 4463 Queen Street to August 1, 2022. EXECUTIVE SUMMARY The application can be supported as improvements currently underway have been delayed due to circumstances beyond the control of the applicant. BACKGROUND The Property Owner of 4463 Queen Street (Appendix 1-Location Map) has requested a third, one year extension to a Commercial Building and Façade Improvement Grant Agreement to allow for the completion of their property rehabilitation. The approved grant included a façade improvement along both Queen Street and St. Clair Avenue with the replacement of original surface at the roofline, new lighting and the upgrading of existing fixtures and a new balcony addition (see Appendix 2). The commercial building improvement includes a barrier free access, upgraded fire protection, roof replacement, plumbing and electrical upgrades, structural repairs and improvements to the heating and ventilation system. The Grant Incentive Programs under the Downtown Community Improvement Plan were intended to assist in the rehabilitation and renovation of the Downtown in a timely fashion and therefore included an expiration deadline from the date of approval. This assists the City in the allocation of funds. In early 2017 City Council approved changes and clarification wording to the Commercial Building and Façade Improvement Program to limit extensions to a one time, one year limit and require all works be completed in a single application. An approval for this one year extension was granted in August 2019, and again in August 2020. This second extension is due to lapse in August 2021. The circumstances that required the 2020 extension have persisted into 2021 and is the reason for this third extension request. Page 326 of 431 2 PBD-2021-44 August 10, 2021 ANALYSIS/RATIONALE The improvement of the subject property began in 2017 and works have continued since then (Appendix 3 – Current view). In 2019, the Owner noted that delays in the completion of the renovations were due to events beyond their control (such as a steel worke rs strike). A one year extension of grant approval was granted to August 1, 2020. The project was again unexpectedly delayed last August by a legal injunction that has not been heard by Commercial Courts due to interruptions related to the COVID -19 shut down. The Owner has estimated that this has caused a continuing delay in construction. To date the Owner has estimated that more than one million dollars has been invested in exterior and interior renovation of the property. The Owner intends on completing all renovations once the legal injunction has been solved. Under the terms of the program, grants may not be issued until all works have been completed and the property h as been improved (see façade photo, Appendix 2). When completed, the building will house a commercial component on the ground floor intended to provide after-market support and equipment for a variety of tools and electronics from larger retailers. This commercial use is expected to bring up to 22 new employees to the site. The second floor, which will include a new balcony and patio is intended for residential use. In total, the approved Façade Improvement and Commercial Building Improvement Grant equaled $25,000. In addition to the grant, Council approved a Revitalization Grant (tax increment based incentive) for the property which does not require an extension at this time. Planning Staff recognizes significant impact that the COVID-19 pandemic has had on business and those services that businesses rely on, including court dec isions. In light of the unforeseen impact of the pandemic, Staff are supportive of a further one year extension to Council’s original approval for a Commercial Building and Façade Improvement grant to August 1, 2022. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The extension of the approved grant will have no further financial implications on the unencumbered balance for the Downtown CIP Special Reserve. CITY’S STRATEGIC COMMITMENT The approval of the extension request will satisfy Council’s strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. Page 327 of 431 3 PBD-2021-44 August 10, 2021 LIST OF ATTACHMENTS Appendix 1 – Location Map and original street view Appendix 2 – Proposed Façade Improvements Appendix 3 – Current View Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer F.Berardi:cv Attach. S:\PDR\2021\PBD-2021-044, DOW-2017-005, Intellectual Inventive Inc. 4463 Queen Street.docx Page 328 of 431 4 PBD-2021-44 August 10, 2021 APPENDIX 1 Page 329 of 431 5 PBD-2021-44 August 10, 2021 APPENDIX 2 PROPOSED QUEEN STREET ELEVATION PROPOSED REAR ELEVATION Page 330 of 431 6 PBD-2021-44 August 10, 2021 PROPOSED ST. CLAIR AVENUE ELEVATION Page 331 of 431 7 PBD-2021-44 August 10, 2021 APPENDIX 3 ORIGINAL STREET VIEW JULY 2021 VIEW Page 332 of 431 TS-2021-05 August 10, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transit Services Department SUBJECT: TS-2021-05 WEGO Visitor Transportation Services – Extension Agreement RECOMMENDATION That Council approve a two year extension of the existing 10-year agreement(s) with the Niagara Parks Commission to provide WEGO service within the City of Niagara Falls. EXECUTIVE SUMMARY The WEGO service has been in operation since 2012 and provides over one-million rides annually (pre-pandemic). The service is jointly operated between the City of Niagara Falls (CNF) and the Niagara Parks Commission (NPC). The systems’ operation is governed by three 10-year operating agreement(s) that outline the goals, responsibilities, financial arrangements and roles of the service. As an operational requirement in the terms of the existing agreement, a WEGO Operational Review was initiated in 2019 by the NPC and CNF. The Consultant’s final report outlined recommendations for both agencies in successfully continuing and growing the service including the recommendation to extend the existing agreement for the optional two-year period. NPC staff forwarded this recommendation and their Commission passed a motion to extend the existing agreements for the optional two year at the Commission’s meeting of May 13, 2021. Notice from the NPC is attached as Attachment 1 to this report for Council’s information. City Council are requested to pass a parallel motion to allow for staff to formally notify the NPC of our intent to extend for same. BACKGROUND The WEGO system replaced the 26-year old People Mover service and integrated three City operated Falls Shuttle routes to provide service to the provincially-designated parks along Niagara Parkway and in the tourism and service cores/ corridors of Niagara Falls. Staff from CNF and NPC meet regularly to address needed service adjustments or operational issues to continue to improve performance and to plan for opportunities or promotions to meet our visitor’s needs. Page 333 of 431 2 TS-2021-05 August 10, 2021 Ridership has been consistently strong (see Table 1) on the system but had plateaued in 2019 due to service levels being provided at capacity, traffic congestion and routing issues which were identified in an Operational Review presented to Council on March 2, 2021 under Report No. TS-2021-03. Table 1: The review identified key recommendations for both agencies to coordinate operationally and to identify projects or opportunities for each agency to enhance and improve the service. As WEGO ridership and service levels recover post-pandemic in 2021 and 2022, both the NPC and CNF staff have identified low to no-cost options within the key recommendations to focus on including the extension of the existing 10-year agreement(s). As the current agreement term ends in 2022, staff from both agencies have recommended to their Commission and Council respectively that the parties enter into a two-year extension of the terms. This will allow the WEGO system to start to recover out of the COVID-19 impact period and would provide staff the time to plan and budget more intricate, costly and long-term work identified as needed to grow and make the system even more successful. Actions and investments required in capital purchases of fleet and infrastructure to maintain, secure and enhance the WEGO system will need to be undertaken by CNF and NPC staff as well. Any plan for capital replacement or enhancement of the fleet will be brought to Council under separate report. Page 334 of 431 3 TS-2021-05 August 10, 2021 ANALYSIS/RATIONALE Council received a presentation and staff report in January 2021 regarding the future state of transit in Niagara. The Regional Municipality of Niagara’s transit governance issue is slated to be decided by local and regional governments in early to late-2021. In receiving the Operational Review for WEGO this past March, Council advised staff the CNF intends to maintain the WEGO system partnership with the NPC save and separate from any assets or operation they may contemplate uploading regionally. An extension of the existing agreement would stabilize WEGO as a stand-alone contract of the CNF during any transition of the City service to another governance or provision model. With a desire to continue to meet the transportation needs and requirements of the public and visitors to the Niagara Parks and within the tourism core and in our service industry corridors, the comprehensive Operational Review provided an action plan to follow for WEGO as Council considers the future of transit overall in Niagara Falls. To continue to meet the recommendations of the Operational Review and to assist in the recovery of the WEGO VTS system as COVID-19 starts to recede, staff are recommending this extension (Attachment 2) of the following agreements in place to manage, operate and deliver visitor-based service in the City’s tourism core described as: License Agreement dated August 25, 2011 to develop, manage and operate a Visitor Transportation System (“VTS”); Vehicle Lease Agreement dated August 25, 2011 to lease vehicles from CNF to the NPC; VTS Bus Storage Space License Agreement dated August 25, 2011 an area for bus storage. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Within the terms of the existing agreement, parties are required to notify each other formally of their intent to extend or take no action to extend/ terminate the agreement by the 9th anniversary of the existing ‘in operation’ date (August 25, 2011). Any extension must be of mutual consent by the CNF and NPC. The financial impacts of COVID-19 on our 2022 Operating Budget and revenues for WEGO VTS service will be presented to Council through budget deliberations. Recommendations to be undertaken in partnership with the NPC that are identified as low to no-cost within the WEGO Visitor Transportation Services Operational Review Recommendations report dated January 12, 2021 will be achieved within the budget approved. Page 335 of 431 4 TS-2021-05 August 10, 2021 CITY’S STRATEGIC COMMITMENT Committed to employing a safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options to the auto, thereby, creating a City that is truly accessible to locals and visitors. LIST OF ATTACHMENTS Attachment 1 – Letter from NPC to Legal Services dated July 6, 2021 re: Notice of Intention to Exercise Option to Extend Attachment 2 – WEGO Visitor Transportation Services – Extension Agreement Recommended by: Carla Stout, General Manager of Transit Services Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 336 of 431 DAVID ADAMES T 905.356.2241 x2238 M 905.321.1694 dadames@niagaraparks.com SANDIE BELLOWS, Chair DAVID ADAMES, Chief Executive Officer 7400 Portage Road, Niagara Falls, ON Canada L2E 6T2 905.356.2241 niagaraparks.com An Agency of the Government of Ontario July 6, 2021 City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Attention: Ed Lustig, Legal Services Dear Sir: Re: WEGO VTS Agreement with The Niagara Parks Commission Notice of Intention to Exercise Option to Extend Our File No.: 13-21 Please be advised that further to its meeting of May 13, 2021, The Niagara Parks Commission (“NPC”) wishes to provide you with its notice of intention to exercise the option to extend the WEGO VTS Agreement (“Agreement”) between the NPC and The Corporation of the City of Niagara Falls (“CCNF”), by a further two (2) year term, on the same terms and conditions, pursuant to section 2.1.3 of the Agreement dated August 25, 2011. We confirm that this two (2) year extension of the Agreement would expire on August 12, 2024. An extension agreement is attached for your review and consideration. Please contact Rachel Adamsky, Property Coordinator at radamsky@niagaraparks.com to finalize the extension agreement. We look forward to hearing from you at your earliest convenience. Yours truly, David Adames Chief Executive Officer Page 337 of 431 THIS EXTENSION AGREEMENT made the day of , 2021. BETWEEN: THE NIAGARA PARKS COMMISSION (the “NPC”) OF THE FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the “CCNF”) OF THE SECOND PART WHEREAS by a Licence Agreement dated August 25, 2011 (hereinafter called the “Licence”), the NPC and CCNF resolved to participate with each other to develop, manage and operate a Visitor Transportation System (“VTS”); AND WHEREAS by a Vehicle Lease Agreement dated August 25, 2011 (hereinafter called the “Lease”), NPC did lease from CCNF vehicles as more particularly described in the Lease; AND WHEREAS by a VTS Bus Storage Space Licence Agreement dated August 25, 2011 (hereinafter called the “Storage Licence”), NPC did license from CCNF an area for bus storage as more particularly described in the Storage Licence; AND WHEREAS the Licence, Lease and Storage Licence Agreements collectively have a term in effect until the tenth (10th) anniversary of the Operational Date, unless earlier terminated as provided for in the respective Agreements; AND WHEREAS the parties agree that the Operational Date commenced August 12, 2012; AND WHEREAS the parties wish to exercise their right to extend the Licence, Lease and Storage Licence for a further period of two (2) years; NOW THEREFORE, in consideration of the mutual covenants, conditions and agreements contained herein, and subject to the parties covenants, conditions and agreements in all respects as are contained in the Licence, the parties hereto agree as follows: 1. The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. The term of the Licence, Lease and Storage Licence are hereby extended for two (2) years commencing on August 12, 2022 and ending on August 12, 2024. 3. The parties confirm that in all other respects the terms, covenants and conditions of the Licence shall continue in full force and effect except as expressly modified by this Agreement. Page 338 of 431 4. This agreement shall be binding upon, extend to and enure to the benefit of the parties hereto and to each of their respective heirs, executors, administrators, successors and permitted assigns. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their proper officers duly authorized in that behalf. THE CORPORATION OF THE CITY OF NIAGARA FALLS ______________________________________ Name: Title: _______________________________________ Name: Title: I/We have authority to bind the corporation. THE NIAGARA PARKS COMMISSION _______________________________________ Name: Sandie Bellows Title: Chair ________________________________________ Name: David Adames Title: Chief Executive Officer We have authority to bind the corporation. Page 339 of 431 DAVID ADAMES T 905.356.2241 x2238 M 905.321.1694 dadames@niagaraparks.com SANDIE BELLOWS, Chair DAVID ADAMES, Chief Executive Officer 7400 Portage Road, Niagara Falls, ON Canada L2E 6T2 905.356.2241 niagaraparks.com An Agency of the Government of Ontario July 6, 2021 City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Attention: Ed Lustig, Legal Services Dear Sir: Re: WEGO VTS Agreement with The Niagara Parks Commission Notice of Intention to Exercise Option to Extend Our File No.: 13-21 Please be advised that further to its meeting of May 13, 2021, The Niagara Parks Commission (“NPC”) wishes to provide you with its notice of intention to exercise the option to extend the WEGO VTS Agreement (“Agreement”) between the NPC and The Corporation of the City of Niagara Falls (“CCNF”), by a further two (2) year term, on the same terms and conditions, pursuant to section 2.1.3 of the Agreement dated August 25, 2011. We confirm that this two (2) year extension of the Agreement would expire on August 12, 2024. An extension agreement is attached for your review and consideration. Please contact Rachel Adamsky, Property Coordinator at radamsky@niagaraparks.com to finalize the extension agreement. We look forward to hearing from you at your earliest convenience. Yours truly, David Adames Chief Executive Officer Page 340 of 431 THIS EXTENSION AGREEMENT made the day of , 2021. BETWEEN: THE NIAGARA PARKS COMMISSION (the “NPC”) OF THE FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the “CCNF”) OF THE SECOND PART WHEREAS by a Licence Agreement dated August 25, 2011 (hereinafter called the “Licence”), the NPC and CCNF resolved to participate with each other to develop, manage and operate a Visitor Transportation System (“VTS”); AND WHEREAS by a Vehicle Lease Agreement dated August 25, 2011 (hereinafter called the “Lease”), NPC did lease from CCNF vehicles as more particularly described in the Lease; AND WHEREAS by a VTS Bus Storage Space Licence Agreement dated August 25, 2011 (hereinafter called the “Storage Licence”), NPC did license from CCNF an area for bus storage as more particularly described in the Storage Licence; AND WHEREAS the Licence, Lease and Storage Licence Agreements collectively have a term in effect until the tenth (10th) anniversary of the Operational Date, unless earlier terminated as provided for in the respective Agreements; AND WHEREAS the parties agree that the Operational Date commenced August 12, 2012; AND WHEREAS the parties wish to exercise their right to extend the Licence, Lease and Storage Licence for a further period of two (2) years; NOW THEREFORE, in consideration of the mutual covenants, conditions and agreements contained herein, and subject to the parties covenants, conditions and agreements in all respects as are contained in the Licence, the parties hereto agree as follows: 1. The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. The term of the Licence, Lease and Storage Licence are hereby extended for two (2) years commencing on August 12, 2022 and ending on August 12, 2024. 3. The parties confirm that in all other respects the terms, covenants and conditions of the Licence shall continue in full force and effect except as expressly modified by this Agreement. Page 341 of 431 4. This agreement shall be binding upon, extend to and enure to the benefit of the parties hereto and to each of their respective heirs, executors, administrators, successors and permitted assigns. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their proper officers duly authorized in that behalf. THE CORPORATION OF THE CITY OF NIAGARA FALLS ______________________________________ Name: Title: _______________________________________ Name: Title: I/We have authority to bind the corporation. THE NIAGARA PARKS COMMISSION _______________________________________ Name: Sandie Bellows Title: Chair ________________________________________ Name: David Adames Title: Chief Executive Officer We have authority to bind the corporation. Page 342 of 431 1 Heather Ruzylo Subject:Distribution of the NPCA Water Quality Summary Report for the Year 2020 to Member Municipalities From: Grant Bivol <gbivol@npca.ca> Sent: Thursday, July 15, 2021 4:23 PM To: clerk@hamilton.ca; Ann-Marie.Norio@niagararegion.ca; eeichenbaum@haldimandcounty.on.ca; Bill Matson <billmatson@niagarafalls.ca>; clerk@thorold.ca; clerk@welland.ca; clerk@westlincoln.ca; ptodd@notl.org; WKolasa@wainfleet.ca; jkirkelos@lincoln.ca; cschofield@forterie.ca; skim@grimsby.ca; hwillford@pelham.ca; cityclerk@portcolborne.ca; bdunk@stcatharines.ca Subject: [EXTERNAL]-Distribution of the NPCA Water Quality Summary Report for the Year 2020 to Member Municipalities Dear Mr./Madam Clerk; At the June 18, 2021 meeting of the Niagara Peninsula Conservation Authority’s Board of Directors, the following Resolution No. FA-124-2021 was presented and carried: Resolution No. FA-124-2021 Moved by Member Ingrao Seconded by Member Kawall 1. THAT Report No. FA-38-21 RE: Water Quality Monitoring Program Summary Report for the Year 2020 BE RECEIVED. 2. THAT the actions highlighted in the report to inform municipalities, stakeholders, and the public about the report findings and best practices to improve local water quality BE IMPLEMENTED. 3. AND FURTHER THAT a copy of this report BE CIRCULATED to municipalities, Ministry of Natural Resources and Forestry (MNRF), Ministry of the Environment and Parks (MECP) and the Federal Ministry of Environment and Climate Change Canada (ECCC). CARRIED As such, I am pleased to provide: a) A link to Board Report No. FA-38-21 RE: Water Quality Monitoring Program Summary Report for the Year 2020 and the associated presentation: https://npca.ca/images/uploads/board_files/FA_Meeting_Agenda_Package_- _June_18%2C_2021.pdf b) A link to the Water Quality Monitoring Program Summary Report for the Year 2020: https://npca.ca/watershed- health#water-quality-monitoring c) The associated NPCA Water Quality Fact Sheet (attached) At your municipality’s request and convenience, the NPCA would be pleased to make a short presentation to Council and/or staff regarding the Water Quality Monitoring Program Summary Report for the Year 2020. Page 343 of 431 2 Sincerely, Grant Bivol Grant Bivol NPCA Clerk / Board Secretariat Niagara Peninsula Conservation Authority (NPCA) 250 Thorold Road West, 3rd Floor, Welland, ON L3C 3W2 Tel: (905) 788-3135 ext. 250 gbivol@npca.ca www.npca.ca Due to the COVID-19 pandemic, the NPCA has taken measures to protect staff and public while providing continuity of services. The NPCA main office is open by appointment only with limited staff, please refer to the Staff Directory and reach out to the staff member you wish to speak or meet with directly. Our Conservation Areas are currently open, but may have modified amenities and/or regulations. Updates regarding NPCA operations and activities can be found at Get Involved NPCA Portal, or on social media at NPCA’s Facebook Page & NPCA’s Twitter page. The information contained in this communication, including any attachment(s), may be confidential, is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure of this communication, or any of its contents, is prohibited. If you have received this communication in error, please notify the sender and permanently delete the original and any copy from your computer system. Thank-you. Niagara Peninsula Conservation Authority. 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 344 of 431 NPCA 2020 Annual Water Quality Monitoring Report Fact Sheet The Niagara Peninsula Conservation Authority regularly collects and tests water samples at 80 surface water stations and 38 groundwater stations located throughout the NPCA’s jurisdiction. Surface water quality samples are analysed for several indicators such as chloride, nutrients, E. coli, suspended solids, and metals. Surface Water What Did We Find? •Surface water monitoring results indicate most of the watersheds in the NPCA jurisdiction have poor water quality. •The high levels of total phosphorus, E. coli, suspended solids, and chlorides within the surface water continue to be the major causes of poor water quality. •The sources of these pollutants are generally from both rural areas (agricultural runo and faulty septic systems) and urban areas (combined sewer overflows and urban stormwater runo). •The best water quality is found in watercourses where water is introduced from Lake Erie and the Niagara River, in watercourses with significant groundwater discharges and in watersheds with substantial natural landscapes. Groundwater What Did We Find? •The groundwater quality in NPCA's jurisdiction was found to be highly variable with some wells exceeding the Ontario Drinking Water Standards. •All the Ontario Drinking Water Standards exceedances are a result of the natural conditions of the groundwater. •Private well owners are responsible for having their well water tested regularly and to make sure that their well is properly maintained and in good condition. •For information about private well testing, contact your municipality. What Can You Do? •Plant native trees, wildflowers, shrubs, and/or rainwater gardens. •Reduce the amount of mown grass on your property. •Reduce the amount of pesticides, herbicides and fertilizers you use. •Conserve water by using low flow showers and toilets, high eciency clothes washers and dishwashers. •Install rain barrels to collect water for use around your yard. What Can Your Community Do? •Sponsor community clean ups to keep waste out of natural areas. •Look for ways to expand the existing urban tree canopy. •Reduce the amount of pesticides, herbicides and fertilizers used. What Can Your Business Do? •Establish a corporate volunteering program to support local initiatives such as tree plantings. •Invest in ‘greener’ alternatives to current practices. •Encourage recycling and composting in the workplace. •Donate towards water quality and habitat improvement programs. •Evaluate the eectiveness of environmental programs. The NPCA is taking action to restore and improve water quality, wildlife habitat and forest cover across the NPCA watershed. If you have an idea for an environmental project, the NPCA welcomes you to apply for assistance through the NPCA’s Restoration Grant Program. For further details, please visit the following link: npca.ca/restoration NPCA Restoration Grant Program For more information and to review the full report, scan with your smart phone Page 345 of 431 250 Thorold Road, 3rd Floor, Welland ON L3C 3W2 Tel: 905-788-3135 Fax: 905-788-1121 www.npca.ca July 28, 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 July 16, 2021: Resolution No. FA-141-2021 Moved by Member Smith Seconded by Member Woodhouse 1. THAT Report No. FA-45-21 RE: Compliance and Enforcement 2021 Q2 Statistics BE RECEIVED. 2. THAT a meeting with jurisdiction municipalities be CONVENED to address environmental compliance and enforcement challenges identified in the staff report. 3. AND FURTHER THAT a copy of this report be CIRCULATED to the Niagara Peninsula Conservation Authority (NPCA) municipalities. CARRIED Accordingly, for your reference, please find the subject Report No. FA-45-21 attached hereto. Staff from the NPCA will be in contact with your municipality in the coming weeks to discuss the matter. In the interim, should you have any questions or concerns, 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 346 of 431 Report No. FA-45-21 Compliance and Enforcement 2021 Q2 Statistics Page 1 of 4 Report To: Board of Directors Subject: Compliance and Enforcement 2021 Q2 Statistics Report No: FA-45-21 Date: July 16, 2021 ______________________________________________________________________________ Recommendation: 1. THAT Report No. FA-45-21 RE: Compliance and Enforcement 2021 Q2 Statistics BE RECEIVED. 2. THAT a meeting with jurisdiction municipalities be CONVENED to address environmental compliance and enforcement challenges identified in the staff report. 3. AND FURTHER THAT a copy of this report be CIRCULATED to the Niagara Peninsula Conservation Authority (NPCA) municipalities. Purpose: The purpose of this report is to provide the Board with an overview of activities related to the Compliance and Enforcement within NPCA Jurisdiction from April 1, 2021 to June 30, 2021 (Q2 of 2021). Background: The Compliance and Enforcement Service Area of the Niagara Peninsula Conservation Authority plays a pivotal role in the protection and conservation of wetlands, shorelines and escarpment areas in the NPCA jurisdiction. The overall goal is to protect life and property from natural hazards such as flooding and erosion. As previously reported in Report No. FA-03-2021, the Compliance and Enforcement unit committed to providing three quarterly reports and one annual report to the Board of Directors on statistics tracked by staff. Page 347 of 431 Report No. FA-45-21 Compliance and Enforcement 2021 Q2 Statistics Page 2 of 4 Discussion: Compliance and Enforcement Statistics The Regulations team tracks a significant amount of data in relation to each complaint and potential violation reported to and investigated by staff. This is done to support progressive compliance or enforcement actions if required, provide all regulations staff with access to pertinent file data, and to identify and assess on-going or continuing concerns, trends, and resourcing requirements. These statistics are only for Section 28 complaints and violations and do not include concerns in relation to Section 29 of the Conservation Authorities Act (Conservation Authority owned Land). Quarterly updates on abatement, compliance and enforcement statistics will also be provided to the Board in October in 2021 and an annual summary for 2021 in January 2022. The statistics below are from April 1, 2021 to June 30, 2021. General Q2 File Statistics Total number of complaints and concerns received by regulations staff in Q2 = 118 (this translates to approximately 2 complaint per working day on average) Number of Q2 files Open = 53 Number of Q2 files Closed = 65 Complaint / Occurrence Validity Total number of occurrences investigated and determined to be within NPCA jurisdiction = 47 Total number of occurrences under review = 27 Total number of occurrences not within NPCA jurisdiction or frivolous = 44 Reporting / Intake Avenues Voicemail / phone = 8 Email to staff or TIPS email online = 55 Personal / Professional Communication = 24 Officer Found (no complaint received) = 3 Other/NA = 28 Notices of Violation Issued = 15 Resolved = 2 Complaints / Occurrences by Municipality Fort Erie = 14 Grimsby = 1 Haldimand = 3 Hamilton = 4 Lincoln = 9 Pelham = 5 Page 348 of 431 Report No. FA-45-21 Compliance and Enforcement 2021 Q2 Statistics Page 3 of 4 Niagara Falls = 6 Niagara-On-The-Lake = 8 Port Colborne = 7 St. Catharines = 20 Thorold = 2 Wainfleet =22 Welland = 8 West Lincoln = 7 Unknown = 2 (due to anonymous complaints with no location information) The Q2 statistics for 2021 demonstrate a significant increase in demands on the compliance and enforcement service area in relation to complaints and violation response. The total number of complaints received and investigated by the regulations staff in 2021 is currently 183. This far exceeds the total of 119 complaints and concerns investigated in 2019 and is set to surpass the 225 complaints received and investigated in 2020. Issues and Challenges As indicated by the statistics, there are a significant portion of concerns or complaints received from the public that are outside of the NPCA’s current enforcement and compliance mandate and include: • Tree cutting or vegetation removal on private property • Destruction or disturbance of wildlife and wildlife habitat • Planning related matters such as tree removal in approved subdivisions • General environmental concerns the nature of which are not within the enforcement and compliance mandate of the NPCA To provide additional perspective, the most common complaints are in relation to the cutting of trees and/or the removal of vegetation on private property, often after the complainant has been directed to the NPCA by their local municipality. However, tree removal and/or vegetation removal or disturbance in many instances does not constitute a contravention of the Conservation Authorities Act or is not the jurisdiction of the NPCA. For example, unless the tree cutting is in a wetland (and would be significant enough to constitute interference) or is in a regulated area and involves the removal of the roots (constitutes development/site grading), the individual act of tree cutting itself would not be considered a violation. In this instance, the incident may be a concern under the Region of Niagara’s Woodlands By-law or a private property tree by-law implemented by the local municipality under the authority of the Municipal Act. Additionally, if tree cutting does not take place in a wooded area which meets the definition of a woodland under the Region’s by-law then a regulatory tool does not exist with the NPCA to manage this activity. These type of issues are being addressed through local tree-by-laws or ravine by-laws by several municipalities across Ontario or through management agreements with conservation authorities. Regulations staff work closely in partnership with numerous regulatory agencies including municipal bylaw staff on a day-to-day basis. There is a need (and opportunity) to provide additional guidance for the NPCA’s municipal partners and to collectively develop enhanced tools and communication resources to address this significant issue. Staff recommends formal discussions with local municipal partners in order to develop or enhance tools and communication resources in relation to compliance and enforcement within the Region of Page 349 of 431 Report No. FA-45-21 Compliance and Enforcement 2021 Q2 Statistics Page 4 of 4 Niagara, Hamilton and Haldimand service areas. This may also include additional legislative options available to them under the Municipal Act such as tree, watercourse, ravine and site-alteration by- laws. In an effort to reduce the number of concerns and complaints which are directed to the NPCA and are not within the NPCA’s regulatory framework, the NPCA is also working to inform the public about the regulatory jurisdiction of the NPCA with regards to what is enforceable under our legislation. Financial Implications: There are no additional financial implications for the current day-to-day operations of the Compliance and Enforcement business unit as the work is accounted for in the 2021 budget. However, should any complaint or violation proceed to the issuance of a summons and court proceedings, there will be costs associated with these activities. Based on the statistics presented for the first two quarters of 2021, the NPCA will very likely need to consider the requirement for additional resources for 2022. Alternatively, NPCA staff will also look into other strategies such as adjustment in service levels to appropriately respond to the more significant and high-risk contraventions of the Conservation Authorities Act. Regulations staff are committed to enhanced statistical reporting, recording and analysis of compliance and enforcement related data which will continue to assist in quantifying resource and staffing requirements moving forward. Links to Policy/Strategic Plan: The duties carried out by the Compliance and Enforcement business unit are part of the Niagara Peninsula Conservation Authority’s mandate and are essential to our watershed. Related Reports and Appendices: None Authored by: Reviewed by: Original Signed by: Original Signed by: _____________ ___________________ Jason Culp, C.Tech., EP David Deluce, MCIP, RPP Manager, Compliance & Enforcement Senior Manager, Planning & Regulations Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 350 of 431 July 22, 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 July 16, 2021: Resolution No. FA-147-2021 Moved by: Member Malcolm Woodhouse Seconded by: Member Rick Brady WHEREAS globally, pollinator species, including bees and monarch butterflies are declining at a concerning rate due to anthropogenic activity such as habitat loss and degradation as well as pollution and climate change; WHEREAS the dramatic global decline in the pollinator species population could seriously affect the pollination of human food crops around the world; WHEREAS Health Canada's Pest Management Regulatory Agency (PMRA) has developed Best Management Practices (BMP’s), resources, and guidelines to ensure agricultural practices across the country protect pollinators, and is collaborating with the Provincial Ministry of Agriculture and Rural Affairs to advance these resources and BMP’s; AND WHEREAS the Niagara Peninsula Conservation Authority (NPCA) is committed to maintaining and enhancing pollinator habitat through its enhanced restoration and stewardship programs, community partnerships, as well as advising land development proponents through planning and development processes; NOW THEREFORE, BE IT RESOLVED: 1. THAT the NPCA REQUESTS the support and collaboration of conservation authorities and (through the CAs) their partner municipalities across the Province of Ontario to include the provision of native pollinator habitat with specialized native plant species through future development and redevelopment projects. 2. THAT by copy of this motion, NPCA partner municipalities BE REQUESTED to advance the use of native pollinator plant species to promote pollinator habitat through projects on their own lands as well through planning and development processes. Page 351 of 431 2 3. THAT a copy of this resolution BE CIRCULATED to the Association of Municipalities of Ontario and the Federation of Canadian Municipalities for their consideration. 4. AND FURTHER THAT both the governments of Ontario and Canada BE REQUESTED to adopt a plan of action for properties within their control to protect pollinators and plant native pollinator species and entrench this priority with the appropriate legislation with circulation of NPCA jurisdiction federal and provincial political representatives. CARRIED Should you have any questions regarding the above issue, please feel free to contact CAO Chandra Sharma at csharma@npca.ca or 905-788-3135. Sincerely, Grant Bivol Grant Bivol NPCA Clerk Page 352 of 431 July 23, 2021 Dear Mayor Diodati & Members of Council: We are so pleased that the province is finally opening up and we are able to host guests in a more welcoming manner. The last 16 months have been devastating to business owners in our area and they desperately need to get back in business. They are struggling from so much loss and we anticipate it will take years to recover. Many travellers are wary and not yet completely confident, and presently Ontarians are really our only market and they are in much demand as all parts of Ontario vie for their business. International travel is non-existent and even with the US border cautiously opening to fully vaccinated visitors, that will be limited as only 56% of eligible Americans are vaccinated, looking at the 4 closest states that range is even less with only 45%-56% being fully vaccinated. We need to do all we can to save our summer and the jobs our members provide. Thankfully, the city had the foresight to allow us to extend patios onto Fallsview Boulevard this year, plans and purchases were based on the availability of this expanded space. Members have incurred many costs to ensure the safety, function and vibrant atmosphere for all. Patios have been and will continue to be a blessing to our restaurants and bars, as it allows for more capacity and animates the street in a joyful and positive way adding to the experience of our guests. Thank you for your continued support through the pandemic and moving forward as we navigate recovery. Sincerely, Sue Mingle Page 353 of 431 Public Works Water & Wastewater Services 3501 Schmon Pkwy., PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-685-5205 www.niagararegion.ca July 27, 2021 VIA EMAIL Mr. William G. Matson City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Matson: Public Notice – Millennium Trail Closure Stamford Sewer Rehab - Phase II in the City of Niagara Falls Our File No.: O.01.04 99 20000699 Attached please find a copy of our Public Notice for the Millennium Trail Closure. A section of the Millennium Trail from Thorold Stone Road to 500 metres northeast of Portage Road will be closed August 3 to November 30, 2021 while rehabilitation work is being undertaken by Niagara Region on a nearby trunk sewer. This closure is to ensure the health and safety of the public while construction is taking place. This notice has been posted to the Region’s website, https://niagararegion.ca/projects/stamford- sewer-rehabilitation/default.aspx. Should you have any questions respecting the above, please contact the undersigned at derek.falardeau- mercier@niagararegion.ca Yours truly, Derek Falardeau-Mercier, P.Eng. Senior Technical Project Manager Water and Wastewater Engineering derek.falardeau-mercier@niagararegion.ca DFM/at (#L:\ENVIRONMENTAL CENTRE\ENGINEERING\O.01 - CAPITAL PROJECTS\04 20000699 - Stamford Sewer Rehab - Phase II\1. Project Management\l. Correspondence\Letters\2021\2021-07-27-NF-Clerk-Millennium-Closure-Notice.Ltr.docx) Attach. cc: Bruce Zvaniga, P.Eng., Commissioner of Public Works (Interim) Erik Nickel. P.Eng., Director Municipal Works – City of Niagara Falls Nick Golia. Project Manager, Municipal Works - City of Niagara Falls Page 354 of 431 Public Notice: Millennium Trail Closure City of Niagara Falls A section of the Millennium Trail from Thorold Stone Road to 500 metres northeast of Portage Road will be closed August 3 to November 30, 2021 while rehabilitation work is being undertaken by Niagara Region on a nearby trunk sewer. This closure is to ensure the health and safety of the public while construction is taking place. Millennium Trail Closure Area For more information about the project visit the Stamford Interceptor Trunk Sewer Rehabilitation Phase II project webpage. Page 355 of 431 Project Contacts Derek Falardeau-Mercier, P.Eng. Niagara Region Senior Technical Project Manager 905-980-6000 ext. 3205 derek.falardeau-mercier@niagararegion.ca Joe Linseman, P.Eng. Consultant – Robinson Consultants Senior Project Manager 905-304-0080 ext. 236 jlinseman@rcii.com Thank you for your patience while we complete this necessary maintenance work. Special accessibility accommodations and materials in alternate formats can be arranged by contacting the Niagara Region’s Accessibility Advisory Coordinator at 905 -980-6000, ext. 3252 or accessibility@niagararegion.ca. Page 356 of 431 Office of the Clerk Holly Willford hwillford@pelham.ca 905-892-2607 x 315 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca July 29, 2021 City of Welland Sent via email: clerk@welland.ca City of Port Colborne Sent via email:cityclerk@portcolborne.ca Town of Wainfleet Sent via email: wkolasa@wainfleet.ca Motions and Notice of Motions re: Rescind Previous Decision – Transfer of Operating Authority Niagara Central Dorothy Rungeling Airport and Niagara District Airport Please be advised that at their regular meeting of July 26, 2021 Council of the Town of Pelham passed the following: WHEREAS Town of Pelham Council approved a motion on July 20th, 2015 supporting the common position resolution regarding the uptake of governance and the transfer of operating authority of the Niagara Central Dorothy Rungeling Airport (NCDRA) and Niagara District Airport (NDA); and WHEREAS the NCDRA Commission can be self-sustaining under proper management; THEREFORE BE IT RESOLVED THAT the Council of the Town of Pelham rescinds the approved motion of council regarding the uptake of governance for the transfer and operating authority of the NCDRA and NDA to the Niagara Region; AND THAT Town of Pelham Council approves retaining the governance and ownership of NCDRA; AND THAT a copy of this resolution be forwarded to the City of Welland, City of Port Colborne and Township of Wainfleet, our three municipal partners who have all already supported and approved this motion for consideration and support; AND FURTHER THAT a copy of this resolution be forwarded to the Niagara Region and Niagara Municipalities for support. If you require any further information, please contact the undersigned. Yours very truly, Holly Willford, BA Town Clerk cc. Niagara Region, via email: ann-marie.norio@niagararegion.ca Local Area Municipalities Leo Van Vliet, Chair of the NCDRA Commission leo.vanvliet@welland.ca Page 357 of 431 CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION Date:July 26 2021 To:Citv of Niagara Falls Municipal Clerk The Chippawa Volunteer Fire Fighters Association will be hosting a SPN Slo pitch Tournament on Au<L27-29.Sept 10-12.Sept 17-19.At 3862 Weinbrunner Road,Chippawa Patrick Cumming Memorial Park. We require a Special Occasion Permit from the A.G.C.O. As in the past we are asking for your assistance to obtain S.O.P approval.We intend to sell beverages as well as hot dogs and hamburgers.All cooking apparatus willbe located in a designated food cooking area.We will have a fire extinguisher on hand and adhere to all food preparation,handling and serving guidelines.A site map is available. Correspondence to this letter would be greatly appreciated. Kind regards, Brian Winrow 905-651 -9673 Social Chair Person B696 Banting Ave Niagara Falls,On LZC6Z8 vo><:905 295 1:398 email:¢mD§m?ke Page 358 of 431 1 Heather Ruzylo Subject:Celebrate Your Community’s Environmental Achievements and Commitments From: Waste Reduction Week in Canada <info@wrwcanada.com> Sent: Thursday, July 15, 2021 3:30 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Celebrate Your Community’s Environmental Achievements and Commitments Proclaim Waste Reduction Week in Canada 2021 Page 359 of 431 2 Celebrate Your Community’s Environmental Achievements and Commitments Canadian municipalities and First Nations are at the heart of Canada’s waste reduction achievements and key to advancing the circular economy. Today’s coalescing environmental challenges – plastic pollution, climate change, and waste generation – require continued leadership of community champions. Waste Reduction Week in Canada is a national year-round program that focuses on the transformation to a circular economy driven by resource efficiency. The program celebrates individual and collective environmental Page 360 of 431 3 commitments, efforts, and accomplishments while encouraging innovative ideas and solutions. Held annually during the third week of October since 2001, Waste Reduction Week in Canada, through a coalition of environmental non-profit and government organizations from across the country, shines the spotlight on responsible production and conscious consumption. This October we celebrate Waste Reduction Week in Canada’s 20th anniversary! This year's overall theme is Then - Now - Future. We invite you and your community to join us as we reflect on the last 20 years of successes and look ahead to accelerating our circular future. Waste Reduction Week posters from over the years Page 361 of 431 4 Proclaim Waste Reduction Week in Canada This year we once again ask municipalities and First Nations to join businesses, schools, and individuals from across Canada to renew their commitment and celebrate sustainability by proclaiming Oct. 18 – 24, 2021 as Waste Reduction Week in Canada. Each year a growing number of communities and their residents proclaim Waste Reduction Week in Canada to demonstrate their commitment and recognition of preserving our natural resources and protecting our environment. Page 362 of 431 5 We hope your council and senior leaders will take this opportunity to join a widely recognized and successful national environmental campaign and show your support. If you are not the representative that administers proclamations for your community, please pass this message along to the correct department/representative. How to Proclaim 1. Download the proclamation certificate and include your logo and/or seal on the bottom right. You are also welcome to use your own certificate template instead. 2. Visit wrwcanada.com/proclamations, complete the form, and upload the completed certificate. You may also email your completed certificate to info@wrwcanada.com. 3. Share your achievements and commitments: either on the proclamation form or in an email, share your waste reduction achievements, initiatives, partnerships, and future commitments. Once submitted your proclamation will be featured on wrwcanada.com within 1- 3 business days and posted on social media using the hashtag #WasteReductionWeek. Join the communities across Canada that proclaimed in 2020 Page 363 of 431 6 PROCLAIM NOW! If you are not the representative that plans sustainability programs or communications for your community, please pass this message along to the correct department/representative. Landmark Lightings Page 364 of 431 7 Last year, 38 landmarks across Canada were lit blue and green for Waste Reduction Week. We encourage communities to create awareness by lighting a local landmark or municipal building blue and green for Waste Reduction Week. Let the rest of Canada know about your lighting by registering it at wrwcanada.com/events. Calgary Tower CN Tower Government House, St. John's Theme Days The Waste Reduction Week in Canada program is structured into seven themes to offer focus for participants planning social media campaigns, events, and resources. The week kicks-off by introducing circular economy by profiling government circular economy commitments and initiatives, as well as private sector business models and product designs. Other weekday themes engage Canadians on key waste management issues and material streams: textiles, e- waste, plastics, and food waste. The weekend encourages Canadians to extend the life of these products/materials through the sharing economy, swapping, and repairing. Page 365 of 431 8 Social Media Support Waste Reduction Week in Canada using hashtag #WasteReductionWeek in communications. Share new ideas, tips, stories, and pictures of waste reduction initiatives to demonstrate commitment to reducing waste both at home and in the community. Within the coming weeks promotional materials and assets will be available at wrwcanada.com/promotional-resources. Follow @WRWCanada on social media! Page 366 of 431 9 Events Organizing an event during Waste Reduction Week in Canada is an excellent way to showcase your proclamation and engage your community in the 3Rs and circular economy. While there is currently uncertainty for large in-person events this Fall, we encourage participants to get creative and organize low- risk or virtual events. Some ideas include: Online repair workshops or tutorial videos Outdoor swap events Local landmark lightings Waste-free lunches at home, work, or school Waste collection drives for hazardous waste, textiles, or electronics Documentary screenings Webinars Virtual tours of recycling facilities Outdoor public installations Plastic-free challenges Don't forget to register your event online so we can help with promotion. Thank You Canadians are proud of their natural environment and understand the value of protecting our resources. Campaigns like Waste Reduction Week in Canada play a pivotal role in reminding us to conserve and maintain a lifestyle that helps to preserve them. Your support demonstrates leadership and will help inspire individuals and other communities to mobilize and take action. We appreciate your commitment to the environment and for proclaiming Waste Reduction Week in Canada. Page 367 of 431 10 Waste Reduction Week in Canada is led by Circular Innovation Council with support from a coalition of not-for-profit environmental groups and governments from each of the 13 provincial and territorial jurisdictions across Canada. Circular Innovation Council – originally established as Recycling Council of Ontario in 1978 – believes that shifting production and consumption in a circular economy simultaneously supports environmental, economic, and social objectives of sustainable living. We are inclusive and collaborative among supply and value chains, and seek to advance business models, products, and services that can deliver on the values and benefits of a circular economy. Through better resource efficiency – reuse, share, repair, refurbish, remanufacture, recover in a closed-loop system – we can reduce waste, pollution, and carbon emissions. Page 368 of 431 11 In doing so, we showcase innovation by putting circular economy concepts into action. Waste Reduction Week in Canada | info@wrwcanada.com | wrwcanada.com STAY CONNECTED! Recycling Council of Ontario | P.O. Box 83, Orangeville, Ontario L9W 2Z5 Canada Unsubscribe jdiodati@niagarafalls.ca Update Profile | Our Privacy Policy | Constant Contact Data Notice Sent by info@wrwcanada.com powered by Try email marketing for free today! 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 369 of 431 ‘’ECUPE SCFPdemeilleursservicesH' - émwatilsrilbnlance '‘d Belle’cm,”care July 13,2021 Re:21"Annual Child Care Worker and Early Childhood Educator Appreciation Day,October 21,2021 To Ontario mayors and councils, We are writing to ask that you and your council proclaim and participate in Child Care Worker &Early Childhood Educator Appreciation Day on Thursday,October 21,2021.This day recognizes the commitment, hard work and dedication of Early Childhood Educators (ECEs)and staff who work with young children.Each year,the day is proclaimed by The Ontario Coalition for Better Child Care (OCBCC),the Canadian Union of Public Employees (CUPE),municipalities and school boards across Ontario,and is marked by hundreds of child care centres,unions,and allies. This year’s Child Care Worker and Early Childhood Educator Appreciation Day is especially important as we look forward to a system of not-for-profit,accessible,affordable,high-quality care in Canada.After decades of advocacy,the good work and important contributions of workers in child care are finally being recognized. While new federal commitments are promising,our work must continue to ensure that provinces protect and respect early learning and care through robust investment in public services,not private care.We are on the cusp of a child care revolution in Ontario—and it starts with better working conditions and supports for child care workers. If your council does not issue official proclamations,there are many ways for your municipality to participate in celebrating this important day: I Your council sponsors a public announcement; I Display our posters and distribute our buttons;and 0 Organize events and contests for the day or have councilors or the mayor participate in events hosted by child care centres. A sample proclamation and document outlining additional ways to recognize this important day is attached. We would love to acknowledge municipalities who choose to celebrate child care workers and ECEsacross Ontario on October 21,2021.Please let us know how your municipality is participating in the appreciation day and we will add you to our list of proclamations and celebrations. Ferns,by mail:Ontario Coalition for Better Child Care,PO Box 73034 Wood Street PO v H _ W2W5,or by email at:carolyn(@childcareontario.org.T ’/’A Thank you for your consideration. Sheila Olan-Maclean Fred Hahn "._President,OCBCC President,CUPE Ontario Division -‘lpcl/cope49lPage 370 of 431 21sr ANNIVERSARY |OCTOBER 21,2021 CHILD CARE WORKER AND EARLY CHILDHOODEDUCATOR APPRECIA TION DA Y CMLIIIM OMMIIUM Paul:O D de meillsurs services . éiiucatils 2 I’enIam:e ‘ MIMI”€011 IDDNPM 0 Better Child Care This day recognizes the commitment,hard work and dedication of Early Childhood Educators (ECEs)and staff who work with young children.Each year,the day is proclaimed by The Ontario Coalition for Better Child Care (OCBCC),the Canadian Union of Public Employees (CUPE),municipalities and school boards across Ontario,and is marked by hundreds of child care centres,unions,and allies. Everyone Show child care workers your appreciation on social media: 0 Share photos of how you're celebrating the day 0 Share an event prior to the date to raise awareness 0 Write a kind message about a child care provider you know I Use the hashtag #ECEappreciation and tag us @Chi|dCareON Tips to Recognize and Celebrate the Da Municipalities Place an ad in the local newspaper promoting the day Nominate staff from local child care centres to be recognized by the Mayor Encourage local councillors to tour child care centres to find out more about this important work Organize a community- wide celebration to recognize individual programs School Boards Insert the day on the October calendar Arrange to have the day announced on the PA Encourage classes of students to visit the child care centre Set up a Wall of Fame where parents have the opportunity to say thank you to staff Place our poster on school bulletin boards Child Care Centres 0 Host a pizza lunch for staff 0 Give staff members a certificate of appreciation. 0 Have every staff in the centre vote on one child care champion of the year 0 Setup a board near the entrance of the centre where parents may write thank-you notes 0 Place our poster on the *Contact the OCBCC to order posters and buttons by Friday,October l,2027 to ensure timely delivery.Ontario Coalition for Better Child CarePhone:41 6638-0628 Ext.2Email:info@ch||clcareontario.orglpd/cope491Page 371 of 431 215*Annual Child Care Worker and Early Childhood Educator Appreciation Day October 21,2021 Proclamation Whereas years of research confirms the bene?ts of high-quality child care for young chi|dren’s intellectual,emotional,social and physical development and later life outcomes;and Whereas child care promotes the well-being of children and responds to the needs of parents and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community;and Whereas trained and knowledgeable Early Childhood Educators and child care staff are the key to quality in early learning and child care programs and champions for children; Therefore,Be It Resolved that October 21,2021 be designated the 21st annual “Child Care Worker &Early Childhood Educator Appreciation Day"in recognition of the education,dedication and commitment of child care workers to children, their families and quality of life of the community. lpcl/cope49lPage 372 of 431 1 Heather Ruzylo Subject: National PKD Awareness Day 2021 From: Keara Johnson <kjohnson@endpkd.ca> Sent: Thursday, July 29, 2021 10:10 AM To: jim.diodati@niagararegion.ca Cc: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-FW: National PKD Awareness Day 2021 Good morning Mayor Jim Diodati, I just wanted to confirm that you have received my email and to check in on the status of my request below. The PKD Foundation of Canada would greatly appreciate your support again this year! Thank you and hope you have a great long weekend! Keara Johnson Foundation Coordinator PKD Foundation of Canada t 647 367 2610 www.endpkd.ca 3-1750 The Queensway, Suite 158, Etobicoke ON, M9C 5H5 From: Keara Johnson Sent: Thursday, June 10, 2021 11:07 AM To: jdiodati@niagarafalls.ca Subject: National PKD Awareness Day 2021 Dear Mayor Jim Diodati, My name is Keara and I am the Foundation Coordinator for the PKD Foundation of Canada. As you may recall, last year you recognized September 4th as National Polycystic Kidney Disease (PKD) Awareness Day, which the community was tremendously grateful for. I wanted to reach out in hopes that you will recognize this important issue again on September 4, 2021. Polycystic kidney disease (PKD) is one of the most common, life-threatening genetic diseases. PKD causes abnormal cysts to develop and grow in the kidneys and the enlargement of cysts causes kidney function to decline. While this is a very serious and irreversible disease affecting approximately 1 in 500 Canadians (12.5 million people worldwide), many people outside of the PKD community have never heard of it. This makes it more challenging to get the attention of important decision makers when it comes to funding and research. The PKD Foundation of Canada aims to promote programs of research, advocacy, education, support and awareness to discover treatments and a cure for polycystic kidney disease, improving the lives of all it affects. Since 2014, Health Canada has officially recognized September 4th as National Polycystic Kidney Disease (PKD) Awareness Day, bringing Page 373 of 431 2 much-needed attention to this disease. Being able to leverage this national recognition has had a positive impact on the community and our efforts. Last year, in addition to your support, we had more than 40 municipalities across Canada officially support this important day and we would greatly appreciate if you could once again proclaim September 4, 2021 as National Polycystic Kidney Disease (PKD) Awareness Day in the City of Niagara Falls and raise our End PKD flag in support. Please do not hesitate to reach out if you have any questions or require more information. Sincerely, Keara Johnson Foundation Coordinator PKD Foundation of Canada t 647 367 2610 www.endpkd.ca 3-1750 The Queensway, Suite 158, Etobicoke ON, M9C 5H5 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 374 of 431 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca July 19, 2021 CL 13-2021, June 24, 2021 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Re: Motion – 16 Days of Activism against Gender-Based Violence Regional Council, at its meeting held on June 24, 2021, passed the following motion: WHEREAS “16 Days of Activism against Gender-Based Violence” is an annual international campaign, running from November 25 through December 10, that calls on the prevention and elimination of violence against women and girls; WHEREAS the pandemic has been linked to an alarming increase in rates of violence against women, domestic violence reporting and domestic homicides, also known as the shadow pandemic; WHEREAS 1 in 3 women worldwide will experience physical or sexual violence, mostly by an intimate partner, and emerging data has shown that all types of violence against women and girls has intensified during the pandemic; WHEREAS the supply of women’s shelter space has decreased due to public health measures while simultaneously there has been a 30 percent increase in the rates of gender-based violence; WHEREAS indigenous women and girls, and racialized, minority and vulnerable communities are more likely to be the victims of assault. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Region actively PARTICIPATE in the 16 Days of Activism against Gender-Based Violence by flying a campaign flag in the International Plaza from November 25 to December 10, 2021; Page 375 of 431 Motion – 16 Days of Activism against Gender-Based Violence July 19, 2021 Page 2 2. That staff BE DIRECTED to develop a communication strategy to increase awareness of the 16 Days of Activism against Gender-Based Violence campaign; and 3. That the Regional Clerk BE DIRECTED to circulate a copy of this motion to the local area municipalities. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2021-108 Page 376 of 431 1 Heather Ruzylo Subject:Franco-Ontarian Day: Friday, September 24, 2021 - City Hall From: Kaur, Arwinder <kaurar@csviamonde.ca> Sent: Friday, July 30, 2021 4:24 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca> Subject: RE: [EXTERNE] - RE: [EXTERNAL]-Franco-Ontarian Day: Friday, September 24, 2021 - City Hall Bonjour Sarah, Thanks for presenting this request to the Council members. We were planning the ceremony for 11am, like every year. We don not know yet if there will be a small delegation of students from each French Boards. We are waiting on guidelines from the Ministry on that. Merci and don’t hesitate to reach out if you have questions. Have a great long weekend, Arwinder Kaur Agente de liaison communautaire | Community Liaison Officer Peel-Halton-Hamilton-Niagara C: 416-278-7651 | www.csviamonde.ca De : Sarah Conidi <sconidi@niagarafalls.ca> Envoyé : 30 juillet 2021 15:42 À : Kaur, Arwinder <kaurar@csviamonde.ca> Cc : Bill Matson <billmatson@niagarafalls.ca> Objet : [EXTERNE] - RE: [EXTERNAL]-Franco-Ontarian Day: Friday, September 24, 2021 - City Hall Bonjour Arwinder! I hope you are well. Thank you for sending this. I have included our City Clerk who will present your request to our Council Members. As of now, the Mayor is committed to be at a large tree planting event until the afternoon on September 24. Page 377 of 431 2 What time are you planning for your event? Should the Mayor be unable to join you, we can have a Council Member attend on his behalf. Sarah Conidi, J.D. | Scheduler / Executive Assistant | Offices of the Mayor & CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | sconidi@niagarafalls.ca From: Kaur, Arwinder <kaurar@csviamonde.ca> Sent: Thursday, July 29, 2021 2:07 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: [EXTERNAL]-Franco-Ontarian Day: Friday, September 24, 2021 - City Hall Bonjour Sarah, I hope your summer is going well. I’m reachin out to you to discuss what is feasible this year in terms of Franco-Ontarian Day celebrations at City Hall. As you know, most years, both French School Boards and some key Community organisations come raise the Franco-Ontarian Flag on September 25. This year, would it be possible to still have the ceremony, with the Mayor, on Friday September 24? Some municipalities have already given us a tentative ok, that is subject to change depending on the evolution of the current situation. Merci and looking forward to hearing from you, Arwinder Kaur Agente de liaison communautaire | Community Liaison Officer Peel-Halton-Hamilton-Niagara C: 416-278-7651 | www.csviamonde.ca AVIS IMPORTANT: Les renseignements contenus ou joints à ce courriel sont pour l’usage exclusif du destinataire ou de l’institution à qui ce courriel s’adresse et peuvent contenir des renseignements privilégiés, confidentiels et exempts de divulgation conformément à la Loi sur l’accès à l’information municipale et la protection de la vie privée. Dans l’éventualité que le récepteur du présent courriel n’est pas le destinataire concerné ou la personne autorisée à acheminer le message au destinataire concerné, vous êtes, par la présente, avisé(e), que toute divulgation, diffusion, distribution ou reproduction de la présente communication est strictement interdite. Si vous recevez ce message par erreur, veuillez immédiatement en informer l’expéditeur ou l’expéditrice par courriel et détruire celui-ci ainsi que toutes les pièces jointes qu’il comporte. Merci de votre collaboration. IMPORTANT: The information contained in or attached to this email is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the Page 378 of 431 3 reader of this email is not the intended recipient or the person authorized to deliver the message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication is strictly prohibited. If you receive this message in error, please notify the sender immediately by return email and destroy all copies of the information contained in or attached thereto. Thank you for your cooperation. 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. Externe : Ce courriel provient d'une source à l’externe du conseil. S'il vous plait, faire preuve de prudence avec des pièces jointes, des liens ou des demandes d'information. Si vous avez des questions concernant la validité du courriel en question, veuillez communiquer avec aideinfo à aideinfo@csviamonde.ca. AVIS IMPORTANT: Les renseignements contenus ou joints à ce courriel sont pour l’usage exclusif du destinataire ou de l’institution à qui ce courriel s’adresse et peuvent contenir des renseignements privilégiés, confidentiels et exempts de divulgation conformément à la Loi sur l’accès à l’information municipale et la protection de la vie privée. Dans l’éventualité que le récepteur du présent courriel n’est pas le destinataire concerné ou la personne autorisée à acheminer le message au destinataire concerné, vous êtes, par la présente, avisé(e), que toute divulgation, diffusion, distribution ou reproduction de la présente communication est strictement interdite. Si vous recevez ce message par erreur, veuillez immédiatement en informer l’expéditeur ou l’expéditrice par courriel et détruire celui-ci ainsi que toutes les pièces jointes qu’il comporte. Merci de votre collaboration. IMPORTANT: The information contained in or attached to this email is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the reader of this email is not the intended recipient or the person authorized to deliver the message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication is strictly prohibited. If you receive this message in error, please notify the sender immediately by return email and destroy all copies of the information contained in or attached thereto. Thank you for your cooperation. Page 379 of 431 1 Heather Ruzylo Subject: Request From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Tuesday, August 3, 2021 4:17 PM To: Irene Newton Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Sarah Conidi <sconidi@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Tatjana Jaluvka <tjaluvka@niagarafalls.ca>; Carmella McDougall <cmcdougall@niagaraparks.com> Subject: RE: [EXTERNAL]-Fwd: Request Dear Irene: Thank you for your email and we would be pleased to assist. I’m keying in staff in our City Clerk’s office so that your request for a flag raising comes forward appropriately at the next City Council Meeting. Further, for your illumination request for the falls, I’m including Carmella McDougall at the Niagara Parks Commission, who I know can help guide you through the steps of this process. Many thanks for reaching out and congratulations on such a significant milestone – the 80 th anniversary! Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca Page 380 of 431 2 From: Irene Newton > Sent: Tuesday, August 3, 2021 9:28 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Fwd: Request Good day Mayor Diodati, My name is Irene Newton. I am the president of the Ukrainian Canadian Congress, Niagara Branch, which covers all towns from Fort Erie to Grimsby. We are members of the Ukrainian Canadian Congress, Ontario Provincial Council and of the National Ukrainian Canadian Congress. I am writing to you with a request. This year marks the 80th anniversary of the UCC, and also the 130th anniversary of the settlement of Ukrainians in Canada, which we celebrate as Ukrainian Heritage Month starting in September. It is also the 30th anniversary of Ukraine's Independence from the Soviet Union. As you are aware, there are many Ukrainian Canadians in the Niagara Region, who have helped to settle and build our wonderful cities and towns. I am asking if it is possible to have the Ukrainian flag raised at City Hall, on either August 23rd or August 24th to commemorate these anniversaries? Our organization is reaching out to all the major cities in Niagara with the same request. The City of St. Catharines has agreed to a flag raising on August 24th at 10 a.m. as has Welland. We also have confirmed that the Falls will be lit up in our flag colours, of blue and yellow, on August 24th at 10 p.m. for 15 minutes. We will be happy to provide you with the flag (approx. 3 x 5 ft) a few days in advance. In Toronto, as well as flag raising, the CN Tower will also be lit up in blue and yellow in the evening, and Oshawa, Whitby, Ottawa and other cities have agreed to do the same. I look forward to your reply and appreciate your consideration of this request. Best regards, Irene Newton, President Ukrainian Canadian Congress, Niagara Branch 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 381 of 431 CV FA CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION July 30, 2021 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street Niagara Falls, On Dear Mr. Mayor, The Chippawa Volunteer Firefighters Association has been working with SPN Slo Pitch for a number of years to host end of summer tournaments on both the provincial and national level. As you know, these tournaments over the years have significantly contributed to tourism for the city, as teams stay in hotels and dine at local restaurants;and these teams return every year. In light of the acceleration of the COVID-19 vaccination rate, SPN has communicated with us about moving forward with Slo-Pitch tournaments on the following weekends:August 27 - 29; September 10 - 12; and September 17-19,2021. Traditionally the Association has rented the Chippawa-Willoughby Memorial Arena to use as the headquarters for the teams. We also host food vendors who are local to the city, and the Association is responsible for the bar and other refreshments. This endeavor is our largest annual fundraiser, and the monies are donated to the community through scholarships to graduating high school students going off to college or university, and donations to local charities, such as The Boys and Girls Club, Heartland Forest, and the Royal Canadian Legion - Chippawa Branch. Due to the provincial lockdowns and associated restrictions,the Association was not able to engage in fundraising in 2020. It is for this reason that we are asking the City of Niagara Falls to waive rental fees to utilize the Chippawa-Willoughby Memorial Arena for the above dates so that we may maximize our funds to donate back into the community. We understand and appreciate that all sectors of business were deeply impacted by the COVID-19 pandemic, and hope that you, along with the City Council,will consider assisting us for the 2021 season of SPN Tournaments. Should you have any questions, or concerns, please feel free to contact me at anytime. Respectfully, Ti Koabe Tim Koabel President - CVFA 905-988-8465 8696 Banting Ave Niagara Falls, On L2G 6Z8 vox:905 295 4398 email:chippawafire@gmail.com Page 382 of 431 Taps Brewing Company Inc. 4680 Queen Street Niagara Falls, ON L2E 2L8 289-477-1010 City of Niagara Falls, As we have in other years, Taps would like to request relief from the Amplified Noise By-Law for a few upcoming outdoor events. These events are live music events held on our outdoor stage, separate from our outdoor dining area. All events are dependent on COVID19 restrictions and are exceeding the regulations for gathering, social distancing, mask wearing and sanitization. They are being held in conjunction with a couple local, live bands and charity organizations. -Saturday Aug. 21st from 11am to 8pm- Niagara Family Pride theatre event -Sunday Aug. 29th from Noon to 9pm – Brew and Browse Local Handmade Market -Saturday Sep 4th from 1pm to Midnight – Bar Down Fest Beer Release and Concert supporting local bands -Saturday Sep 11th from 4pm to Midnight – Local Band Showcase featuring CDC Entertainment -Saturday Sep 18th from 4pm to Midnight – Local Band Showcase featuring CDC Entertainment -Saturday Sep 25th from 4pm to Midnight – Local Band Showcase featuring CDC Entertainment Eric Martin, Taps Brewing Company Inc. Page 383 of 431 1 Two Years of Shelter Diversion: Learnings and Lessons Michael Lethby, MA Executive Director, Niagara Resource Service for Youth (RAFT) Data for this report collected by: Amber Dougherty & Rachel Ianniello Data compilation and presentation supported by: Shanmukha Koppaka How to Cite This Document: Lethby, Michael. (2021) Two Years of Shelter Diversion: Learnings and Lessons. Niagara: Niagara Resource Service for Youth. Page 384 of 431 2 Executive Summary This report examines the effectiveness of a Centralized Shelter Diversion program in the Niagara Region, Ontario, Canada between April 2019 and April 2021. The dataset consists of information gathered by a team of Shelter Diversion workers who had 2,643 interactions with 1,181 unique people as they sought access to shelter provided by the RAFT’s Youth Shelter, Southridge Community Church’s Adult Shelter, or the Boys and Girls Club of Niagara’s Nightlight Youth Shelter. The report plots the near-term pathway into homelessness and factors which affected our ability to effectively divert people from shelter to safe and appropriate alternative housing. It also includes a critique of prioritizing shelters as the first point of contact of people looking for housing support. Findings indicate that successful diversion is more likely when a person has never accessed a shelter before and has greater personal agency. The report also advances a theoretical premise for “Homeless Identity” that provides additional understanding of: 1. How homelessness can be prolonged through exposure to the shelter system 2. How this prolonged exposure contributes to people identifying as homeless, and 3. The role Shelter Diversion can play in mitigating this process. Summary Learnings and Lessons (pg. 24) I. Shelter Diversion is an effective prevention program that provides cumulative benefit the longer it is operating. II. Shelter Diversion’s success supports using Homeless Identity theory for the development of effective homelessness programs. III. Shelter Diversion’s success rate can be increased by reducing the number of people repeatedly accessing shelter and increasing personal agency. IV. Assessments used in homelessness services should be strengths-based and respectful. V. Shelter Diversion is relatively easy and inexpensive to implement. VI. Shelter Diversion is best implemented by a centralized team. VII. Shelter Diversion is a cost-effective homelessness prevention service. Page 385 of 431 3 Introduction to the RAFT The Niagara Resource Service for Youth (RAFT)1 was founded in 1994, as a drop-in resource center for teens in St. Catharines, Ontario. With the aid of the federal government, the RAFT opened a 4-bed hostel, in 2002, to shelter homeless youth (aged 16-24). Demand for these beds consistently outstripped our capacity and led to numerous expansions in beds offered, culminating in 2007 with the purchase of a new building with 24-beds2. Starting in 2007, the RAFT started looking for a better solution to homelessness then simply adding beds and launched its first prevention program: Youth Reconnect3. Between 2008-2013, the RAFT saw a 70% decline in the number of youth accessing our emergency hostel due to the regional expansion of RAFT’s Youth Reconnect program. Over the next few years, the population of youth accessing our hostel leveled off from a high of approximately 500 unique youth in 2008 to a range between 130-160 unique youth from 2013 onwards4. It was clear at that point, that Youth Reconnect, while incredibly successful, would not be able to completely prevent youth homelessness. This situation was monitored, and attempts were made to understand where the gaps in our prevention net were. A number of different initiatives started at that time, with the goal of addressing the needs of the youth still accessing our shelter. Initial efforts focused on how Youth Reconnect interacted with the community, and primarily schools. After a couple of years, without any noticeable improvement we determined that Youth Reconnect was functioning as effectively as possible and something else was needed. Figure 1. 1 Early on the teens accessing our program decided to rename the organization “Resource Association for Teens” or RAFT and this is the name that stuck and by which we are popularly known. 2 Put another way, between 2002-2007, a 6 year period the RAFT saw a 500% growth in its shelter capacity! 3 Youth Reconnect is a community-based prevention service which works with youth, often students, to secure their housing prior to them requiring emergency shelter, program brief provided on pg. 29. 4 Since starting our Shelter Diversion program in 2019, we have seen a reductio n in total numbers of youth accessing our beds and in 2020 our range is now 100-120 unique youth per year. As of April 2021, this reduction has been sustained and will likely be lower than 2020 by year-end. 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 0 50 100 150 200 250 300 350 400 450 500 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 RAFT Shelter: Unique Individuals & Bed Nights Unique Individuals Bed Nights Page 386 of 431 4 In 2015 and the years that followed we were confronted by a drastic increase in their length of stay or “bed nights” (Figure 1.) as we sought to further reduce the number of youth accessing our shelter. Eventually, the total number of bed nights reached levels last seen in 2008 when the number of unique individuals accessing the shelter was more than double. Unbeknownst to us at the time, 2015 was the year that Niagara joined the rest of the Golden Horseshoe’s affordable housing crisis, marked by skyrocketing housing prices, rental conversion to condos, and an overall reduction in the number of rental units. As a consequence, our focus shifted from reducing the number of youth in our shelter to addressing this more pressing issue. Over the next few years, the RAFT adapted its service provision to view family and kin as providers of affordable housing as opposed to discounting them as places of conflict. It is worth noting that family and kin are the single largest provider of affordable housing in Canada and the United States for people aged 14-30 years of age, a trend which has been increasing steadily since the 1970s. With this new understanding of the affordable housing market, we focused efforts on connecting youth with family and kin. After this change the average length of stay peaked in 2018 and is now trending toward the lowest level on record. The lessons learned during this period became critical as we turned our attention back to reducing the number of unique individuals requiring a shelter stay. In 2018, while attending an annual retreat of the National Learning Commun ity on Youth Homelessness, I saw a Shelter Diversion presentation by Argus House of Cambridge, Ontario. They presented an early evaluation of their Shelter Diversion pilot which was then entering its second year. The early results of their program were impressive as was their understanding of the presenting issues of the youth accessing their shelters. Their description of the youth accessing their shelter was comparable to the population of youth who were still accessing our shelter and I contacted them about modeling their program in Niagara, to which they agreed wholeheartedly. Seed funding for a one-year pilot was secured by February 2019 through the generosity of Gales Fueling and the BluKup Foundation. The Niagara Region provided additional funds to support training and the development of a database. Argus Housing consulted on the development of our Shelter Diversion program, sharing their process and the Shelter Diversion tool, and allowed the RAFT’s staff to be embedded within their Shelter Diversion team for a week in March 2019 for training. The RAFT launched its Shelter Diversion pilot on April 1st, 2019. Centralized Shelter Diversion: Returning Shelters to their Original Mandate as an Emergency Service Originally, shelters were designed to host people for short stays in an emergency and offering basic supports of a bed and meals; colloquially referred to as “Three hots and a cot”. Overtime the homeless- serving system grew organically with shelters taking on the responsibilities of being the first point of contact and locus of support for people seeking homelessness services. Inadvertently, this organic growth created some unintended effects. For example, many people in rural areas are forced to migrate to larger urban centers for support at shelters, leaving behind potential family, community, and peer supports. The ultimate goal of Shelter Diversion is ensuring that all intakes into shelter qualify as emergency intakes and thereby return the shelter to its original mandate. Importantly, Shelter Diversion is NOT about saying “no” to shelter or blocking people’s access. Rather, access is coordinated through a process called Centralized Shelter Diversion. Centralized Shelter Diversion begins when someone is looking to access the RAFT’s or partnered agencies’ shelters. The process is centered on a structured, strengths-based interview performed by a trained Shelter Diversion worker. The individual’s housing need is assessed and alternative, safe and Page 387 of 431 5 appropriate accommodations are sought prior to accessing the shelter. Due to limited funding and because homelessness can occur 24 hours a day 7 days a week, the RAFT’s Shelter Diversion Coordinator devised a Shelter Diversion mini-tool which is used by shelter staff during the off-hours and on weekends. A follow up full assessment is performed on the next business day by the Shelter Diversion worker. Shelter diversions are considered successful if the individual is diverted before shelter intake or within 48 hours of shelter intake. Every interview from the mini-tool and full assessment is recorded in a database, which was used to form the basis of this evaluation report. Pilot and Expansion (April 2019 - April 2021) The RAFT invited the participation of Niagara Region’s Homelessness Services department and a Shelter Diversion Task Group began holding monthly meetings to monitor the pilot, ensure alignment of Shelter Diversion with the objectives of Niagara’s Homeless and Housing Action Plan (HHAP), system transformation 2.0, and subsequently the introduction of the Built for Zero (BFZ) initiative. During the Task Group’s monthly meetings, the RAFT’s Shelter Diversion Coordinator presented monthly statistics and all data was reviewed and discussed. Early indicators were promising, with Shelter Diversion succeeding to safely divert approximately 40% of youth seeking access to our shelter. An early positive outcome of the Task Group’s monthly data review was the identification of individuals who recently travelled to Niagara and were seeking access to the shelter system after finding themselves without accommodation. Many of these individuals would be able to return to housing in their region of origin but lacked the means to return. The Task Group was able to secure flex funding to provide the purchase of one-time fare, to assist them in returning to their home regions and housing. Based on the success over the first 6 months, the Shelter Diversion Task Group explored expanding the pilot to include another shelter provider who had shown early interest: Southridge Community Church’s Adult Shelter (Southridge) with a capacity of 55 bed, serving the adult (aged 18+) homeless population. The RAFT developed a Memorandum of Understanding (MOU) outlining the responsibilities and duties for each partner and laid the broad service framework. Southridge was provided the database and selected one of their staff to be trained by the RAFT’s Shelter Diversion Coordinator. In preparation for the launch, the RAFT and Southridge hosted a meeting of Southridge’s senior leadership to determine how to integrate Shelter Diversion into Southridge’s current operating procedure and determine what, if any, policy changes were required. The MOU was agreed upon and a date was set for a general staff meeting to announce the Shelter Diversion project and introduce staff to the new procedures, including a feedback procedure to address any developing concerns or procedural obstacles. Representatives of Southridge were also invited to join the Shelter Diversion Task Group, where their data would be included in the overall pilot review. Southridge officially launched their Shelter Diversion program in November 2019. In April 2020, the RAFT and Southridge, as a collaboration, were awarded a Shelter Diversion contract from the Niagara Region, which included the capacity for expansion and to provide training and resources to other shelter providers outside of the Centralized process. The Boy’s and Girl’s Club of Niagara’s Nightlight Youth Services (Nightlight) shelter in Niagara Falls for youth aged 16-30 agreed to participate in the expansion of Shelter Diversion. Unlike the expansion to Southridge, existing staffing was sufficient to incorporate Nightlight’s 8-bed shelter. In all other ways, the expansion mirrored the Southridge experience: an MOU was signed, a staff meeting was held, and an invitation for Nightlight’s Page 388 of 431 6 representative to the join the Shelter Diversion Task Group5 was extended. Nightlight officially launch Shelter Diversion in August 2020. Data and Analysis The data for this report was captured every time a person sought access to the RAFT’s or our partner agencies’ shelters. The RAFT’s dataset spans a two-year period (April 2019-April 2021), Southridge’s dataset spans 16 months (November 2019-Apirl 2021) and Nightlight’s dataset spans 9 months (August 2020 – April 2021). All data was collected in an Excel database using a RAFT designed template specific to Shelter Diversion. The entire database was analyzed using Excel and Tableau 2021.1. All data presented as a percent was rounded to the whole number, 0.5-0.9 was rounded up and percent data is accurate within 3%. The analysis examines the overall data and disaggregated data into youth (aged 16- 24) and adults (aged 25+). The dataset captured the experiences of 1,181 individuals who had a conversation with a Shelter Diversion Worker. Part I develops the overall picture of who is accessing shelters, how people access shelter, why people are accessing shelter, and the near-term pathways into homelessness. Part II will investigate how successful Shelter Diversion was and what factors are important to achieving success. COVID-19 Considerations for Data During the reporting period, starting in mid-March 2020 in Niagara, a number of adjustments and changes occurred which affected the shelter system due to COVID-19. At the time of writing, Niagara is experiencing the third wave of COVID-19 and is currently in lockdown and there is a high probability that COVID measures have affected shelter use. At this time the effects of COVID-19 cannot be isolated, but this report can act as a baseline for a future report. The data is presented as it was captured and no attempt has been made to filter or adjust the observations or conclusions developed to account for potential COVID effects. Interpreting the Results The analysis in this report is specific to Shelter Diversion, what makes it successful and what detracted from success. Understanding what makes Shelter Diversion successful will require a critique of the homelessness sector’s reliance on shelters as the first point of entry. Underlying this analysis of the program is an understanding of homelessness before accessing structured homelessness services and homelessness after interaction with structured homelessness services. The RAFT’s experience delivering homeless services for the past 26 years has shown us that providing support prior to people accessing shelter and importantly in their home communities is the best way to positively address homelessness6. Interpreting results as opposed to simply presenting results requires value judgements which are ideally developed from experience and education. If you are a service provider or are familiar with this sector, you may be concerned with the absence of certain factors in this evaluation, such as individuals’ mental health, addictions, Indigenous identity, race, sex and/or gender marginalization. These are very real individual factors that can contribute to the cause and experience of homelessness or increase risk of homelessness. However, it is my developing view that these individual factors are not sufficient to fully explain ongoing and chronic homelessness. A number of years ago, I was introduced to the concept of 5 Due to the COVID-19 pandemic the Task Group was meeting virtually. 6 This type of programming is commonly known as prevention, early intervention, and/or upstream programs. Page 389 of 431 7 homelessness as an identity and this theoretical premise has shaped my understanding of longer-term homelessness and provides valuable insight into the RAFT’s program development. Homelessness Identity theory is not widely used as a lens through which to investigate homelessness and because it underlies my interpretation of the results of Shelter Diversion, a brief introduction to the theory is warranted. Brief Introduction: Homelessness Identity Formation Premise The RAFT’s programming theory is based on an emergent understanding that homelessness is sticky and exposure to homelessness, specifically repeated exposure to homelessness and services provided to help people navigate homelessness, can be correlated with the assumption of an enduring homeless identity. Our understanding of this process is principally founded on the work of David Snow and Leon Anderson’s Identity Work Among the Homeless (1987) and expanded upon by Alice Farrington and W. Peter Robinson’s Homelessness and the Strategies of Identity Maintenance (1999). Snow and Leon’s work illustrates the value of identity construction by people who are homeless to generate self-worth in marginalized circumstances and how this impacts role, identity, and self-concepts. Where initially, the homeless identity is externally focused (others view you as homeless and alter their behavior towards you) but over time this identity can become internalized (with your behavior and choices now reflecting in the assumed identity). Building on this insight, Farrington and Robinson constructed a provisional model which measure duration of time homeless divided into four phases, with each of the phases corresponding to the progressive development of a homeless identity. The first two phases proposed by Farrington and Robinson are particularly important to understanding the benefits of Shelter Diversion. The first phase is the Aspirant Exiters (< 1 year spent homeless). This group is characterized by a belief that their homelessness is temporary, and they do not identify with other “homeless” individuals. The second phase are the Deniers (14-18 months spent homeless), this group also denies a homeless identity and speak of being able to exit homelessness to housing, but these denials are becoming difficult to justify given the length of their homelessness. People in the broader community or society often do not understand the conditions which create and prolong homelessness and wonder why a person doesn’t just find housing. They may assume the person experiencing homelessness is making the decision to remain homeless. Being homeless means living outside of societal norms and it is understandable that the longer this condition lasts people experiencing homelessness will adapt to survive. The longer a person survives as homeless, the more likely that they will reject societies’ housed norms. A person driven to live outside of society and marked as an outsider could reasonably choose an identity that provides a sense of place and understanding of self which once assumed outweighs the perceived benefits or trappings of identity and life beyond homelessness (i.e. a housed identity). The adoption of a “Homeless Identity” provides perceived benefits for navigating the conditions of homelessness, offering new norms, values and specific knowledge associated with living homeless. Farrington and Robinson’s third and fourth phases outline the progression into this new state of episodic and chronic homelessness, which is ultimately characterized by people who have been unable to exit homelessness and are actively not engaging or selectively engaging with homeless services. Utilizing this model, we can start to see why homelessness is sticky and why repeated exposure to homelessness and the shelter system is the pathway to chronic homelessness and the acceptance of being homeless. According to the model, we have a window of opportunity to intervene and either stop Page 390 of 431 8 a person from experiencing homelessness or to break the cycle of homelessness before a person accepts homelessness as their reality. Page 391 of 431 9 PART I Who is accessing our shelters? Interactions, Unique Individuals, Age, and Gender 2,643 interactions generated by 1,181 unique individuals, of whom 379 were youth (aged 16-24) and 802 adults (aged 25+). 2,008 interactions were initiated by people identifying as male of whom 429 were youth and 1,579 were adults. 616 interactions were initiated by people identifying as female of whom 221 were youth and 395 were adults. 19 interactions were initiated by people identifying as transgendered of whom 10 were youth and 9 were adults. Figure 2. – Ages by Number of Interactions & Percentage When gender is considered by number of interactions 23% of the total population (N=2,643) identify as female of whom 36% are youth. When gender is segregated into Youth and Adult, the population that identifies as female Youth is 34% and 20% Adult. Given that the dataset is representation of every individual who sought access to the three partner agency shelters since Shelter Diversion started operating, it is not surprising that the number of youth/adults and gender are a close approximation of the actual distribution within the adult and youth co-gender shelters in Niagara with a 3:1 ratio (Male/Female) for adults and 2:1 for youth. While this provides greater confidence in the applicability of the finding, it is likely that women and families are underrepresented lacking the inclusion of a women or family specific shelter. Caution should be given to the observations and findings in this report when making inferences to either of these two groups. Shelter usage (N=2643) When considering the use of shelter by people, the single most important consideration was how often it was used. The data showed that 576 interactions (22%) were by people New to Seeking Shelter and 2,068 (78%) had at least one previous stay in a shelter in their lifetime. This can be further subdivided into youth and adults, where youth 259 interactions (39%) were New to Seeking Shelter and 316 adult interactions (16%) were New to Seeking Shelter (Figure 2.). This strongly correlates to the pervious Page 392 of 431 10 information that adults had a greater rate of repeat shelter use when compared to the youth. However, it is noteworthy that overall a significant majority of adults and youth had accessed shelter at least once previously. Especially when considering that youth in our dataset span a maximum of 8 years (aged 16- 24) and within that time 61% had already had a previous stay in shelter. This observation speaks to the difficulty of exiting homelessness once entering the system. Why People are Seeking Access to Shelter (N=2,643) Our Shelter Diversion tool provides 6 categories7 defining the reason for a person seeking access to shelter, this data is entered by interaction and is self-reported. The 6 categories are: 1. Homeless/On the street – (ex. being homeless at the time access to shelter is sought) 2. Risk of Homelessness – (ex. inappropriately housed, couch-surfing, staying at a motel) 3. Relationship Breakdown – (ex. family conflict, fleeing violence) 4. Service Outflow – (ex. Shelters, Hospitals, Custody, Residential treatment) 5. Evicted – (ex. Evicted from an apartment or room where rent has been paid) 6. System Seeking (ex. voluntarily leaving housing to access shelter for the purpose of accessing the shelter) Combined data by Category Ranked Reason Number of interactions Percentage Risk of Homelessness 670 25 Homeless/On the Street 611 23 Service Outflow 574 22 Relationship Breakdown 483 18 Evicted 281 11 System Seeking 24 1 Total 2,643 100 Adult (aged 25+) by Category Ranked Reason Number of interactions Percentage Homeless/On the Street 496 25 Service Outflow 495 25 Risk of Homelessness 410 21 Relationship Breakdown 296 15 Evicted 263 13 System Seeking 24 1 Total 1,984 100 7 Reason for Intake Categories are RAFT designations. Page 393 of 431 11 Youth (aged 16-24) by Category Ranked Reason Number of interactions Percentage Risk of Homelessness 260 39 Relationship Breakdown 187 29 Homeless/On the Street 115 17 Service Outflow 79 12 Evicted 18 3 System Seeking 0 0 Total 659 100 The adults in our dataset’s top two reasons for seeking access to a shelter are; Homeless/On the Street and Service Outflow which accounts for 50% of interactions. It is possible to combine both of these categories, as they are largely related, where Homeless/on the street is defined as being homelessness and Service Outflow captures entering shelter after having exiting from shelter, hospital, treatment, jail, etc. Within the Service Outflow category, the majority identified shelter as the service they had utilized the most. Clearly, at 50% of the interaction, we find a population that is heavily involved in homelessness and the systems supporting homelessness. This figure also serves to advance the understanding that there is a dynamic at work in the experience of homelessness and what resources people used that influenced whether they became entrenched in the system. The dynamic is further highlighted when we consider the next largest category for adults and is fully highlighted when the youth experience is considered. The next largest category for adults is Risk of Homelessness at 21%, which implies that approximately one-fifth of people have retained some ability to decide where they are accommodated. This group highlights the complex pathway into homelessness: it is unlikely that a person moves directly from being housed to being homeless. However, this fifth of the adult population have sought to retain some housing (ex. motel, staying with a friend, etc .) but unfortunately either the location is not safe, or they have “overstayed their welcome” and are now accessing the shelter system. The interplay developing here between choice and the ability to choose, where ability relates to exterior conditions can be framed as a person’s personal agency8. This interplay will be discussed in Part II, when I look at how the data relates to successful diversions. At this point, the data suggests that the personal agency in the adults in the Risk of Homelessness category had been sufficient to prevent becoming absolutely homeless and given this, it is very likely that their progression into more chronic forms of homelessness could be averted if we were able to offer them housing support in the community prior to seeking shelter. In the youth population we see a group that has a far greater level of personal agency in their accommodation with 39% reporting Risk of Homelessness as their reason for seeking shelter. When this data is matched with the second largest category for youth, Relationship Breakdown at 29% we can see 8 The RAFT understands Personal Agency as a person’s freedom to decide, assuming that freedom of choice is an option, where they will stay for the night. It is our understanding that Personal Agency is supported by: 1) personal connections (Family/Kin, Friends, etc), 2) good health (Physical and Mental), 3) adequate income. Our understanding of Personal Agency is not a value judgement of a person’s choices, it is a judgement of the resources and options a person had at the time that a choice is made. Page 394 of 431 12 the pathway that youth follow into homelessness and shelter use. Relationship breakdown captures the breakdown in families where the majority of youth reside. The data shows that youth are likely to suffer a relationship breakdown in their family that leads them to seek out friends and other acquaintances to secure housing. However, as with adults referenced above, they have sought to retain some housing, but this option has become untenable or unsafe and left them with no other option than to seek shelter access. Constructed in this way, we can deduce that 68% of youth in our dataset have seen a conflict within the family as the primary driver into precarious housing first and then into homelessness and shelter. This construction is supported by the Without A Home: The National Youth Homelessness Survey (2016) which reports: “that 77.5% of youth indicted that a key reason they left home was an inability to get along with their parents” and also supports the observation that: “The pathways into homelessness are complex and non-linear”. Following this logic, leads us to the next two largest categories, Homeless/On the Street and Service Outflow comprising 28% or just over a quarter of the population. As discussed above when considering the adults, we can understand that this is a group which is embedding in the system and homelessness and are aging toward chronicity. Likely unchecked, this group will become the 50% of adults for whom homelessness is now a way of life. Pathways of Homelessness Considered in tandem with the Why People are Seeking Access to Shelter data above, seeing the pathway completes and complements this discussion (Illustration 1 & 2). We can see that 50% of the adults in our dataset were either homeless or had largely utilized a shelter (Illustration 1) over three near-term time periods (last month, last week, and last night) and this represents the pathway of homelessness. In the adult population, the majority of people were homeless or staying in shelter a month, a week, and the night before they sought access to shelter. These details show a population that is heavily reliant on shelters and the homelessness system generally. The data in Illustration 1, further shows that if we are unable or unwilling to provide prevention supports to adults in the community prior to entering shelter than supports will be required post-shelter if we are going to make significant reductions in adult homelessness. The data shows a large percentage of adults are caught in the system, cycling between homelessness and shelter and back to homelessness or shelter, which is the definition of chronic and episodic homelessness. This provides an answer to the question “Why does adding shelter beds increase homelessness?”. Clearly, adding shelter beds, without attempting homelessness prevention or supporting housing stability after shelter only increases the numbers of people who become caught in the system. As noted above, once caught they are likely to repeatedly cycle back and forth between homelessness and shelter, making any investment in expanding shelters an investment in expanding homelessness. Providing only emergency shelter and enforcing policies which increase the likelihood of short, non-productive shelter stays will ensure a large chronic homelessness population. This pattern will become better defined when we review the dataset from the perspective of factors for success in Part II. Also worth noting is the percentage of adults who are suffering relationship breakdowns and risk of homelessness, illustrated below in the percentage of adults who are staying with family or friends prior to attempting shelter access. This suggests that programming that looks to connect and mediate family/relationship disputes will lead to better and sustainable housing. Page 395 of 431 13 Illustration 1. The youth picture (Illustration 2.) offers us a counterpoint perspective when viewed against the adult population data. The counterpoint is largely one where entrenchment in homelessness is not the reality and the cycle of homelessness is just starting to take hold. By and large, youth are staying with family right up until they require shelter and in some cases are moving from family to friends and then to shelter homelessness, which supports the current literature on the pathway into homelessness. This pattern also shows that the youth seeking access to our shelters share the common experience of being housed with families. Given that most youth in North America are housed with families, families should be considered as a first housing option, when safe and applicable. 9This large percentage of youth housed with family further indicates that providing prevention either to the family or at their schools10 will directly reduce the number of young people seeking shelter11. However, if these opportunities to intercede and prevent homelessness are missed then, like the adult population, we can see entrenchment and future chronicity taking shape, with 26% of youth being either homeless or staying in shelter a month prior. As noted in the Introduction to the RAFT section earlier, it was this group of youth who were still accessing shelter and our desire to break the cycle of homelessness that led to the introduction of the Shelter Diversion program. The concept of entrenchment and the role it plays in longer term homelessness will be examined in more detail in Part II. 9 https://www150.statcan.gc.ca/n1/pub/11-631-x/11-631-x2019003-eng.htm 10 Schools because youth living with their families are mostly likely still attending school. Other promising areas of interaction may be services and activities in the local community where h oused youth gather. 11 Incidentally, this fact has been known at the RAFT for over a decade and is the main assumption supporting our Youth Reconnect program, which itself has reduced our shelter use by 70% since 2008. Page 396 of 431 14 Illustration 2. This near-term longitudinal data illustrates that the pathways of homelessness provide us with a good visual understanding from which to examine the data described in this section. It also helps illustrate the effect of time spent homeless has on future homelessness and shelter use, which supports the Homeless Identity theory presented earlier. In Illustration 1, we see that the majority of adult’s seeking shelter have a history of homelessness and are exhibiting shelter use as described in the later phases of the Farrington and Robinson model12. Meanwhile, in Illustration 2, we see that most youth currently have a history of being housing and significantly with family13. The youth in our dataset are likely Phase 1 (Aspirant Exiters) and still identify with the norms of being housed. Utilizing the theory’s premise, we would expect that our ability to successfully divert or house people looking to access shelter will be directly correlated to their duration of homelessness and the number of times they have cycled into shelter and homelessness. At this level of analysis, the theory provides a meaningful way to understand homelessness and specifically prolonged homelessness once a person is engaged in the shelter system. Shelter diversion directly impacts this process and if the theory holds, these impacts will reduce the number of people and duration of homelessness. We will now proceed to investigate the dataset for successful diversions and the relationship between duration of homelessness and number of times a person has accessed shelter. 12 This model was presented in the Homelessness Identity Formation Premise pg. 7 of this report. 13 Family & Kin the most important foundation for personal identity, especially for young people. Page 397 of 431 15 PART II Successful Diversion Overall Shelter Diversion achieved a 17% successful diversion14 rate (461 successful interactions) during the study period. When this is divided into our two populations (youth & adults) a significant deviation is observable. We achieved 36% successful diversions with youth and 11% successful diversions with adults. These results compare favorably to our initial targets developed from information supplied by Argus, we targeted a 10% success rate of adults and 35% success rate for youth. We will proceed to look at these rates in more detail but at the outset, there are a couple of important observations: Using the Argus model, with some local adjustments, we were able to largely duplicate their results. This is an early positive indication that the Shelter Diversion model used is scalable with a fair level of confidence for results. Shelter Diversion is approximately 3 times more successful when applied to the youth population compared to adults. Factors of Success Within each population, there are notable factors that increased the likelihood of success. These factors are: New to Shelter Personal Agency Unique vs. Repeating Shelter Use New to Shelter As mentioned previously in Shelter Usage, 39% of youth and 16% of adults had never accessed shelter prior to interacting with our Shelter Diversion program. With youth, we achieved a 64% success rate if the youth had no previous history of shelter use, a rate that dropped to 27% for youth who had a history of previous shelter use. In the adult population, we achieved a 37% success rate if the adult had no previous history of shelter use, a rate that dropped to 13% for adults with a previous history of shelter use. The data shows we were able to achieve greater levels of success in both scenarios for youth with no history of shelter use and youth with a history of shelter use when compared against similarly defined adult populations. Beyond the simple observations of success, a deeper look offers some interesting considerations, see Figure 3. 14 Diversions are considered successful if a person seeking shelter is diverted before access or with in 48 hours of intake to a shelter. Page 398 of 431 16 Figure 3. – Shelter Access compared with Housing outcome The important take away is not so much the overall success but where we are more likely to have achieved it. In both populations, people “New to Shelter” achieved substantially greater levels of success, roughly 2:1 for youth and 3:1 for adults. We were an entire degree more successful with adults than youth when comparing success across similar populations attributes. Yet, we cannot capitalize on this success with adults because as a percentage the number of adults who are new to shelter is so low at 16% compared to youth’s 39%. The obvious conclusion from observing the relationship between New to Shelter versus Previous Shelter Users and success is that decreasing the number of people who have previous shelter use will drastically increase the success rate of Shelter Diversion. Making shelter use reduction a priority will have significant positive impact on homelessness, given that 61% of the youth and 84% of the adults have had previous history of shelter use. Personal Agency When we examined the pathways into homelessness, we noted an observable delineation between youth and adult personal agency15. That delineation showed 50% of the adult population was either homeless or had recently stayed in shelter compared to 29% of youth. Meanwhile, 68% of youth were at risk of homeless or were involved in a relationship breakdown compared to 36% of adults. It was premised that people with greater personal agency would have greater success being diverted than people with lesser personal agency because they were already homeless and/or using shelters. This finding is supported when we compare the success rates for diversion illustrated in Figure 4. 15 To Recap: The RAFT understands Personal Agency as a person’s freedom to decide, assuming that freedom of choice is an option, where they will stay for the night. It is our understanding that Personal Agency is supporte d by: 1) personal connections (Family/Kin, Friends, etc), 2) good health (Physical and Mental), 3) adequate income. Our understanding of Personal Agency is not a value judgement of a person’s choices, it is a judgement of the resources and options a person had at the time that a choice is made. Page 399 of 431 17 Figure 4. – Greater/Lesser Personal Agency by Reason and Diversion success Greater Personal Agency Reason for Seeking Access to Shelter Adult Youth % of Population % Successfully Diverted % of Population % Successfully Diverted Risk of Homelessness 21 23 39 34 Relationship Breakdown 15 27 29 40 Lesser Personal Agency Reason for Seeking Access to Shelter Adult Youth % of Population % Successfully Diverted % of Population % Successfully Diverted Homeless 25 7 17 3 Service Outflow 25 12 12 7 In all cases where people had greater personal agency our ability to successfully divert them from shelter was significantly improved. If we take the average rate of success, we see that where adults presented with greater personal agency, they had a 2.5x greater likelihood of being diverted than adults with lesser personal agency. Similarly, when considering our youth population the likelihood of successful diversion was 7.4x greater for youth with greater personal agency. In what is becoming a common refrain in this analysis, our ability to reduce homelessness is dependent on where on the homelessness pathway we intervene. When looking at the percentage of the population that have greater or lesser personal agency, we see the familiar dynamic of adults being much further along the pathway than youth. According to our data, 50% of adults and 29% of youth had lesser personal agency compared to the 68% of youth and 36% of adults who had greater personal agency. Reviewing the data through a personal agency lens supports that service prior to homelessness is strongly recommended and challenges current efforts which primarily focus on chronic homelessness. Waiting until people of have become chronically homeless robs us of the significant multiplier effect for success that earlier intervention affords. Unique vs. Repeat shelter use In Part I, we reviewed the relationship between unique and repeat clients with the main takeaways being that repeat users accounted for the majority of interactions and that the adult population generally had a higher percentage of repeat users. We will now consider the impact on the success of Shelter Diversion. Unique youth were 53% successfully diverted compared to the 21% successfully diverted youth with multiple interactions. The majority (67%) of youth were unique clients, but 61% of interactions with Shelter Diversion workers were with repeat clients, which resulted in a lower overall success rate of 36% (see Figure 5.). Page 400 of 431 18 Figure 5. – Relationship between Unique or Repeat Shelter Use and Diversion outcomes The relationship between repeat clients and number of interactions is critical to reducing, if not ending homelessness generated by shelter use. Just over one half of all unique youth clients are successfully diverted the first time they seek access to shelter but only one quarter of our repeat clients are eventually diverted. Our success rate is slightly better when we segment the unique clients into clients with no history of shelter use and those who have used a shelter in the past.16 Unique youth clients without a history of shelter use achieve a 60% diversion rate, approximately double the overall rate. 16 In our dataset all clients are considered “Unique” the 1st time they have an interaction with a Shelter Diversion worker, but it is possible that clients have accessed a shelter in the past prior to our introduction of the Shelter Diversion program. The terms “Unique” and “Repeating” are descriptive of interactions with our Shelter Diversion program. Repeating 33% Unique 67% Clients –Unique & Repeating (Youth) Repeating 61% Unique 39% By Interactions –Unique & Repeating (Youth) Successfully Diverted 36% Unsuccessfully Diverted 64% Clients Successful Diverted/Unsuccessful Diverted (Youth) Page 401 of 431 19 These observations are key because they mean that the longer a shelter diversion program is running the fewer “new” youth are accessing shelters becoming repeat guests and this ultimately leads to reduced numbers in the system. A final observation about the success of Shelter Diversion is that unique individuals, who are successfully diverted, largely do not go on to seek shelter later.17 Only 26% of unique youth who were successfully diverted the first time have sought shelter again (Figure 6.). This information shows how many people are attempting to access shelter who have options but lack the support to utilize those options. It is understandable that a person would seek shelter in the moment of crisis when they are confronted with not having a place to sleep that night. Rarely are the decisions we make in the moment of crisis good long-term solutions. Yet even at these moments, when a person’s decision-making time horizon is measured in hours or even minutes, connecting with a Shelter Diversion worker often leads to better long-term accommodation options. Figure 6. – Unique Youth Successfully Diverted First Time by Return to Shelter Turning our attention to the adult population we see the same processes, however, where 67% of youth were unique guests, for adults the percentage drops to 55% unique. The evidence in this report explains why this lower number of unique adults is expected. Adults are more likely to be further along the pathways of homelessness and as a group have decreased personal agency. Consequently, 88% of interactions with adults were with those that repeatedly accessed shelter, compared to 61% of interactions with youth. This is compounded by the fact that Shelter Diversion is less effective for unique adults than youth (23% vs. 53% successful diversions), meaning more adults enter the shelter system and have a greater likelihood of becoming repeat guests. These observations illustrate why overall Shelter Diversion is more effective with youth as compared to adults. 17 The RAFT’s Shelter Diversion Coordinator can determine if any of our successfully diverted clients have accessed the shelter system at a later date, which is how this stat is generated. Youth who Didn't Return 74% Youth who Returned 26% Unique Youth who Returned after a Successful First Diversion Page 402 of 431 20 Considering the evidence presented, this is a good place to reflect on why we wait until people need to access shelter before offering assistance. Quite plainly, the responsibility is ours; as a system we collectively make decisions which affect how people access service and when. We know prevention and community-based supports allow us to address the systemic inequalities for people. It is a decision not to offer prevention programs and post-shelter supports in the community and instead force people to access services through shelters. The way forward requires different decisions be made. Too often we look for ways to address problems and needs that are the result of previous system-level decisions, creating a patchwork of “fixes”. A commitment to ending homelessness requires we decide to focus on prevention and sustained exits. Further, addressing systemic inequalities as opposed to the needs created by them is respectful, just and will reduce homelessness. Understood in this way, offering Shelter Diversion is a move in the right direction as an effective prevention program for reducing homelessness. At this point, we have looked at the data to identify when shelter diversion is successful and how we can increase the likelihood for success or equally understand what prevents our success. Further, it is understood that a successful diversion is diverting someone looking to access shelter to a safe and appropriate accommodation. We now turn to the question: What is the impact of success? The Flywheel of Homelessness In business jargon, the concept of the flywheel (Collins, 2005) is often used to explain how system inputs can turn the flywheel: the more inputs the faster the wheel turns and the greater amount of success. However, in our case, we are looking to stop the flywheel of homelessness and so we must reduce the inputs which drive the wheel. We have clear evidence18 that accessing shelter increases the likelihood of future and repeated access and hence increased identification with homelessness. Understood this way, our Shelter Diversion program, by reliably diverting 50%-60% of unique and new youth from accessing shelter, is reducing the input into the system, thereby slowing the flywheel. Once this first challenge is addressed and the number of people accessing shelter is reduced; our second challenge is focusing attention on the guests who have past experiences of homelessness and repeat guests who collectively make up the majority of our shelter occupancy. As the flywheel slows and more attention and support can be given to those with histories of homelessness, we will achieve greater successes which will cause the flywheel to slow even more. Eventually the only guests accessing shelter are those for whom the shelter was designed and with our expanded capacity19 we will be able to rapidly secure them housing. In practical terms, one of the main reasons why shelters have not been successful in reducing homelessness is because they are serving guests for whom the shelter was never designed to serve, are overwhelmed by the demand for beds, and are consistently operating at or beyond full capacity. In that environment, a shelter’s ability to serve their guests is dramatically degraded. Lacking the staffing to accommodate operating at 100% or more forces shelters to prioritize safety through rule adherence over finding and securing housing. This leads to guests being discharged for rule violations as 18 Evidence which is both theoretical premised in the Homeless Identity research and empirically as shown by the data analysis in this report. 19 “Expanded Capacity” understood as increased amount of time staff have to support guests achieving housing and less time spent enforcing rules. Never mind the increased mental wellness of both guests and staff when the shelter is not consistently operating at over 100%. Page 403 of 431 21 overwhelmed staff see guests as potential threats and informally triage who they offer support to. Guests who, as shown in this report, have reduced personal agency are caught in a cycle between shelter and homelessness. These are the clients who are repeatedly accessing our shelters and may, according to the hypothesis around forming a “homeless identity”, eventually stop accessing shelter support entirely and enter the final phase of long-term rough living. The flywheel of homelessness impacts shelter occupancy, guests, staff and society. Income: An Interesting Deviation It is worthwhile discussing why income has not factored in this report so far. Most people claimed to have an income, so overall it was not shown to have an impact either for or against diversions. That said I do believe this data to be somewhat misleading because the income claimed by people was almost entirely generated from government benefit programs (Ontario Works, Ontario Disability Support Program, Canadian Pension Plan, etc) and less than 1% of the entire sample identified any form of employment income. Thus while, almost everyone had an income, the money was not sufficient to increase their personal agency enough to create the conditions that may have secured a place to stay. Given that greater personal agency is a key factor for successful diversions and preventing ongoing homelessness, the income provided to support minimal well-being (e.g., government benefits) needs to cover the basic costs of housing and food. There is an interesting deviation found between adults and youth, when we consider the percentage of people who declared an income. Overall the youth population claimed an income but when considering only successful diversions, one half of youth claimed no income. Again, this might seem counterintuitive as we would expect people without income to be at greater risk of homelessness. Indeed, the major homeless assessments/screening tools used in coordinated access ask about income and a lack does indicate a higher risk profile. There are a couple of ways this deviation can be explained. Firstly, as noted the majority of people’s claimed income was through government benefits and that this income is phenomenally insufficient. Secondly, the youth who claim no income and were successfully housed are youth who have been housed with family and have not experienced the homeless system. This second explanation agrees with the observations so far that accessing the system puts increases risk of homelessness and that families are providers of affordable housing. Where People go who are Successfully Diverted Having reviewed who is seeking access to shelter, what factors contribute to their successful diversion, and the impacts success has on the system, we will now examine where people are successfully diverted to. However, before reviewing this data it is very important to reiterate that Shelter Diversion is NOT about saying no to shelter or blocking access. This fact is stressed through training and Shelter Diversion data is reviewed monthly to ensure that people diverted are being diverted properly to safe and appropriate accommodations. It is not hard to imagine a scenario where “troublesome” guests are diverted or how the process could be used to actualize bias. No matter how well diversion is supervised, a great deal of responsibility rests with the Shelter Diversion worker to ensure all diversions are appropriate. Any person-serving system is open to abuse and discrimination, either intentionally or unintentionally, so every effort must be made to ensure the system is fair to all20. This observation is 20 The RAFT recognises that there are circumstances where the interests of the organization and a client are conflicted. As an example, when someone access our shelter we sign a contract with them outlining the services Page 404 of 431 22 perhaps the strongest argument in favour of a dedicated Shelter Diversion worker as opposed to a generalized shelter diversion process added to the existing duties of our already harried shelter staff. Turning to a review of the diversion data the first observation is that for most of our clients, diversion is not successful, with 64% of youth and 89% of adults proceed to shelter. That said, it is clear based on the evidence, that an understanding of the different circumstances and factors at play in the diversion process make it possible to increase the number of people who can be successfully diverted. Looking at the people who were successfully diverted the accommodations for youth and adult are ranked and mirror each other: 1. Family 2. Friends 3. Independent housing This is interesting because it is potentially a counterintuitive finding. I have mentioned that in 2015 the RAFT started to see increasing lengths of stay and that these levels approached levels last seen when we sheltered 2 to 3 times as many youth. This led us to examine where we were looking for housing and we found that we had been largely discounting family in favour of independent housing (ex. apartments, room rents, etc.). By bringing family and kin into the housing conversation we have seen year-over-year declines in the length of stay for our youth in shelter. Given that families and kin were not previously largely considered by a youth serving agency it is not surprising that family as the main source of successful diversion for adults is counterintuitive. In addition to providing better information to our Shelter Diversion workers (and our other services) on where to start the search for safe and appropriate housing it also challenges our understanding of who our clients are and what their relationships are like. I believe it is also fair to note that working with families can be more complicated than securing a room to rent or an apartment. This more complex approach is likely to require more time and patience which, as discussed, might be more than can be expected from our overwhelmed system and staff. This information has implications across many aspects of our services from Shelter Diversion to shelter, prevention and support programs. It further opens the debate on “affordable housing” as I have yet to hear families and kin mentioned in the affordable housing discourse. It is possible to speculate that the current discourse on affordable housing is driven by the experience of large urban centers and that given the known migration of people leaving rural or smaller cities that family and kin become too distant to be easily considered as an option. Early on in our diversion work, our Shelter Diversion Coordinator noticed that people who migrated to Niagara could be successfully diverted and housed if we could arrange funding for their travel. This is how we decided to provide a flex fund specifically for this purpose, and having examined the evidence it shows that this decision was both practical and successful. When the dataset is broken down, we can see that factors for success outlined previously are all in play for both youth and adults. When considering the people who were successfully diverted to family, we offer them, specifically a bed, meals, and housing supports. However, if a guest is violent, the RAFT will discharge them, effectively breaking the contract. The RAFT places our need for a safe environment over our contract to provide a guest with services. While we believe this is a justifiable reason for ending our contract, it does illustrate how conflicts of interest do exist. Every effort should be made to ensure that all conflicts of interest between the organization and client are handled fairly, with benefit of the doubt given to the guest. Page 405 of 431 23 friends, or independent housing, most are unique (95+%), have greater personal agency (cause of homelessness was either Relationship Breakdown or Risk of Homelessness), and had been staying with either family or friends a night, week, and month ago. These factors for success are interconnected with very little deviation. To illustrate, according to our data there is a higher probability that a youth who has multiple stays in shelter and who has not been staying with family or friends over the month prior to seeking shelter, is less likely to be successfully diverted. Page 406 of 431 24 Learnings and Lessons I. Shelter Diversion is an effective prevention program that provides cumulative benefit the longer it is operating. The evidence and outcomes show how effective a centralized Shelter Diversion program is and being able to replicate the success rate achieved by Argus provides confidence that this success is sustainable. Over two years, The RAFT and our partners were able to successfully divert 36% of youth and 11% of adults as they sought access to our shelters. It has further been shown that of those successes which were “new to shelter” 74% did not seek shelter access at a later date. What is important is how this success was achieved and what it means longer term. This report and the data reviewed shows that reducing shelter use is a critical and achievable first step to ending homelessness. The decisions we have made for how the system operates and where most services for homelessness are currently provided have created the flywheel of homelessness. Every new bed added to the system energizes the flywheel to spin faster, which leads to an increase in the number of people who cycle in and out of shelters (repeats) and ultimately become chronically homelessness. Preventing new individuals from entering the system is a major victory that has cumulative benefits, effectively de-energizing the flywheel. In less theoretical terms, fewer new people entering the shelter will directly reduce the number of people who are at the shelter, in the near term this creates capacity within the shelter allowing staff to focus on providing housing support instead of rule adherence. Over the longer term, fewer new people mean fewer people who may become entrenched in homelessness, eventually leading to a reduction in people cycling through the homelessness system on their way to chronicity and identification with homelessness. These near- and long-term positive effects are cumulative, becoming more pronounced the longer Shelter Diversion is running. II. Shelter Diversion’s success supports using Homeless Identity theory for the development of effective homelessness programs. Homeless Identity as first described by Snow & Anderson in their foundational work “Identity Work Among the Homeless: The Verbal Construction and Avowal of Personal Identities (1987) provides the intellectual framework for understanding why homelessness can become so intractable for some. Being forced to navigate the complex norms, knowledge and performances required to survive homelessness including repeated interaction with structural homeless services over time, may lead people to eventually adopt a “homeless identity”. That is, an enduring part of their personal and collective identity or self-understanding becomes preoccupied with what they need to know, do and be in order to survive life without a home. The development of a “homeless identity” may be correlated with the amount of perceived exclusion and discrimination experienced based on their stigmatized condition of homelessness. Once this identity is adopted episodic and chronic homelessness becomes much more likely and greatly degrades the ability of services to house people stably21. A homeless identity can be 21 Stability of housing is an important distinction. It is possible to house people wh o identify as Homeless who will actively breakdown their housing arrangement. It is possible for a program to be considered very successful at housing people yet completely fail at supporting people to remain housed. Being placed in housing is not the same as long-term housing stability. Page 407 of 431 25 antithetical to being housed, which leds some people to abandon their housing as they seek to make their physical arrangements agree with their understanding of self. This is suggested from the surprising early finding that at least one in five recipients of “Housing First” accommodations would not remain in their free, low barrier housing, choosing instead to return to the street (Stefancic & Tsemberis, 2007). As people proceed through homelessness they may reach a stage where they actively disengage from homelessness and housing services entirely, preferring the freedom and the personal esteem that can sometimes accompany living “rough” outdoors with some degree of success. Diversion is thus an important intervention to prevent individuals from beginning this process of identity transformation and institutionalization to the norms of the homelessness service system. Importantly, this is not to say that people who develop an identification with “homelessness” are necessarily a lost cause or unworthy of resources. Rather, transformations in self-understanding or “identity” are a significant and long-lasting process. The process to help someone with a “homeless identity” understand themselves in other ways again, as someone who can and should live indoors and who is accepted by their housed peers, can be equally as arduous as the process they went through to identify with homelessness. Given this, is it surprising when some people hesitate or outright refuse to make that return journey? This is the foundation of my contention that a single individual-level factor or an experience might be sufficient to cause homelessness yet is not sufficient to consistently explain ongoing and chronic homelessness. Only when we see the original, systemic factors and experiences that led to a person becoming homeless can we provide the necessary support to end their homelessness. Avoiding both the beginning and recurrence of these homeless identity journeys is the greatest success for Shelter Diversion. III. Shelter Diversion’s success rate can be increased by reducing the number of people repeatedly accessing shelter and increasing personal agency. It is possible for Shelter Diversion to achieve greater rates of success when people are new to shelter and have greater personal agency. Based on this, every effort should be made to ensure that a person only requires shelter once, if at all. It is strongly recommended that prevention work further upstream be included in any plan that targets ending homelessness. Upstream prevention in tandem with Shelter Diversion will provide the greatest efficiency. Prevention specifically needs to focus on increasing personal agency (ideally by reducing systemic inequalities) and needs to show tangible effects to increase income to a level that provides actual agency, supports and proper interventions for good health, and finally authentic connections with people and community. Currently, family, kin, friends, and peers are the largest group of people that are underutilized in the system and offer the greatest hope for ending homelessness. Failing that, for the people that could not be diverted, providing a housing focus in shelter which looks to increase personal agency to bolster housing will be effective. The research confirms that people newly exposed to homelessness and shelter are very confident that their homelessness will be brief and it is during this time when housing focused work will be most effective. However, research also shows that this time is precious and fleeting. Finally, post-shelter supports in the community are required to ensure that the majority of people exiting shelter remain housed. Our data shows that guests who repeatedly access shelter, while less than the number of unique guests, represented a majority of shelter occupancy and are significantly Page 408 of 431 26 less successfully diverted. Post-shelter support will mirror the efforts in prevention with a focus on maintaining personal agency. Post-shelter supports should be offered with the “lightest touch”22 presuming that these supports are for a limited duration but with the understanding that people can reconnect with support if their housing becomes unstable in the future. This report shows that Shelter Diversion can be started as a successful standalone program without other prevention or post-shelter supports, but adding these supports will greatly improve overall success. IV. Assessments used in homelessness services should be strengths-based and respectful. Supporting greater personal agency for people looking to access our service requires that all interactions respect the dignity of people. Respect starts with our first meeting and introduction between the Shelter Diversion worker and the person looking to access a shelter, with our Shelter Diversion tool. The Shelter Diversion tool is strength-based, it seeks to understand why a person is in danger of homelessness. It does not try to numerate from a list of predetermined deficits which presuppose personal failings. Instead, it seeks to understand the current situation and looks back to how a person was recently successfully housed23. Using this as the starting place it engages the person in deciding how they would like to proceed. This is respectful, success-oriented, and collaborative as opposed to predetermined, insulting, and othering. How we decide to engage with our clients will determine how successful we are. V. Shelter Diversion is relatively easy and inexpensive to implement. The RAFT was able to implement and sustain a Shelter Diversion program with very little financial investment and planning. Implementation required just a couple of months. The RAFT’s (and our partners’) only change was to our intake procedure, which required the intake staff connect the person looking for a bed to our Shelter Diversion worker. To start the program, funding was used to develop a database and provide our Shelter Diversion staff with intensive training in the role. Ongoing costs are largely wages and benefits for the Shelter Diversion worker plus some overhead for supervision and data analysis. Expanding was also relatively easy, requiring a partnership in good faith, a detailed Memorandum of Understanding outlining the roles and responsibilities of the partnership, engagement with partner agencies’ staff to provide information, and a feedback procedure. In Niagara, we currently have two full time Shelter Diversion workers supporting three shelters equal to 75-85 beds. Since the start of COVID-19, our workers have been working from home and we have found that this change has not impacted our success. VI. Shelter Diversion is best implemented by a centralized team. There are a number of considerations supporting this recommendation: 22 Lightest touch means that Homeless service provider’s focus should be on housing and provided only to the extent required or requested by the client. Further, we should look to our community to support clients beyond housing and our scope of service (ex. Addiction supports provided by an addictions service). Once housing has been stabilized, we are able to end our specific support. 23 As a service provider I have found it interesting that we (service providers) are quick t o celebrate a person’s success and importantly our role but we are as quick to assure that when a person fails, the failing is theirs alone. They failed, not us. Page 409 of 431 27 1. Given the relative ease to implement and that one worker’s capacity is likely greater than what is required to serve an individual shelter, it is more efficient to have a c entralized team of Shelter Diversion workers serving the entire shelter system. 2. While easy to implement, Shelter Diversion staff require specific training, ongoing oversight, and consistent delivery. It is critically important that Shelter Diversion not be used as a tool for denying people access to shelter. Every effort must be made to ensure that all diversions are to safe and appropriate housing and would not put a person back in a dangerous situation they may have been attempting to escape. 3. A centralized team will have a critical mass of interaction which support excellence in service delivery. Shelter Diversion is a specialized support and should be the sole focus of the staff and not an additional responsibility. 4. A centralized team can add value to a Coordinated Access system. Shelter Diversion staff can quickly identify priority people and connect them directly to the appropriate supports. They can also determine what shelter or other supports are best suited to support them. VII. Shelter Diversion is a cost-effective homelessness prevention service. The cost effectiveness of prevention services is notoriously difficult to calculate. How can we add up costs for something that did not happen? One way to answer this question is to compare the prevention intervention with the known cost of providing a service. We know both the cost of our shelter diversion program and we know the cost for providing shelter. Looking at the two years that our Shelter Diversion program operated, our two Shelter Diversion workers successfully diverted 461 people from shelter. Meanwhile, the RAFT’s shelter provided beds for approximately 280-300 youth over the same two years. In effect, Shelter Diversion was able to reduce the need for shelter in Niagara by the equivalent of two RAFT Shelters per year. This estimate is on the lower end because the Shelter Diversion program was not expanded until November 2019 and August 2020 respectively. All in, a Shelter Diversion program fully staffed24 and operating for the year will cost less than operating one medium sized shelter over the same period. Providing a Centralized Shelter Diversion program will allow for consolidation within the shelter system and prevent the trend of adding beds and shelters to the system. It is advisable that a region or community starting a centralized Shelter Diversion program begin planning for shelter consolidation to ensure the efficient reallocation of funding. 24 Currently, our Shelter Diversion program consists of two Full Time staff. It is estimated t hat to extend Centralized Shelter Diversion to the rest of Niagara’s shelters would require four Full Time staff. Page 410 of 431 28 Postscript: RAFT (April 2021 – Future) In the 13 years since the RAFT started its first prevention program, Youth Reconnect, we have seen a dramatic reduction in number of youth who are homeless in Niagara. Yet as noted earlier, that effort was not enough to end youth homelessness. Shelter Diversion was piloted in an attempt to address our failure. The results after two years are very encouraging and represent the most sustained reduction in youth homelessness since our introduction of Youth Reconnect. This report is about how we arrived at Shelter Diversion and its results as a program but there is a bigger picture. The main deliverable for Shelter Diversion is its ability to support our goal of ending youth homelessness. After two years, I am confident that Shelter Diversion is supporting this goal; we are failing less and the youth we support are succeeding more. In 2019, the RAFT sheltered 155 individual youth for a combined 3395 bed nights. In 2020, those numbers have been reduced to 110 individual youth for a combined 2090 beds nights. A reduction of in the number of individual youth staying in our shelter of 29% between 2019 and 2020 and importantly a reduction of 38% in combined bed nights. In April 2021, the RAFT shelter achieved a significant first-12 days without a single intake! As we approach the mid-point of 2021, we are currently trending toward another year of double-digit reductions. On March 23rd 2021, the Region of Niagara conducted its federally mandated Point-in-Time (PIT) count, a snapshot of homelessness in Niagara at a single point in time. When this data was compared to a similar PIT count from 2018, the Region reported25 that youth homelessness was reduced by approximately 50% and significantly that the percentage of people who reported experiencing homelessness for the first time before the age of 18 was reduced to 24% from 36% in 2018. These results at our shelter and at the regional level are what we would expect to see if the flywheel of homelessness is indeed slowing. The lessons learned in this process will further enhance our efforts. Shelter Diversion was never about simply diverting people from shelter, it is about achieving our mission of ending youth homelessness in Niagara. That work continues. In our shelter, we will focus on the youth who repeatedly access our beds, the youth most likely in the process of identifying as homeless. We will learn what we can do to support them better, so that every youth only needs us once. We will take the knowledge gained around the benefits of greater personal agency and learn to apply them across all our programs. We will learn, we will make new decisions; we will end youth homelessness in Niagara. 25 COM 17-2021, June 15th, 2021 Homelessness Point-In-Time Count Report submitted to the Region of Niagara’s Public Health and Social Services Committee Page 411 of 431 29 References Snow, D.A. & Anderson, L. (1987) Identity work among the homeless: The verbal construction and avowal of personal identities. The American Journal of Sociology, 92(6) pg. 1336-1371. Farrington, A., & Robinson, W. P. (1999) Homelessness and strategies of identity maintenance: A participant observation study. Journal of Community and Applied Social Psychology, 9 pg. 175-194. Gaetz, Stephen. O’Grady, Bill. Kidd, Sean. Schwan, Kaitlin. (2016) Without a Home: The National Youth Homelessness Survey. Toronto: Canadian Observatory on Homelessness Press 14 pg. 42. Collins, Jim. (2005) Good to Great and the Social Sectors. pg. 23. Stefancic, A., & Tsemberis, S. (2007) Housing First for long-term shelter dwellers with psychiatric disabilities in a suburban county: A four-year study of housing access and retention. The journal of primary prevention, 28(3-4), 265-279. COM 17-2021, June 15th, 2021 Homelessness Point-In-Time Count Report submitted to the Region of Niagara’s Public Health and Social Services Committee Page 412 of 431 30 Youth Reconnect Brief April 2021 Youth Reconnect – A community supporting schools program The Youth Reconnect initiative is a community-based prevention program that enhances school attachment for Students and allows them to reside in their home community. This initiative is developed to aid students who find themselves either precariously housed and in imminent danger of becoming homeless. A situation which forces teens to choose between either remaining in school or acquiring their basic needs for shelter, food and clothing. The initiative, in partnership with school-based supports, helps students access resources and increases their self-sufficiency, by assisting teens to maintain school attendance, secure housing, and develop a social safety net in their home community. Youth Reconnect provides family reunification, advocacy services, housing and income supports, life skills training, one-on-one mentoring, and emergency hostel access. Provided in partnership with other social service agencies, the initiative focuses on helping students to maintain housing and reduce high-risk behaviours while continuing to attend school. Youth Reconnect can be accessed by any school official who is concerned that one of their students maybe in crisis or has expressed a concern about their housing stability. Once notified, a Youth Reconnect worker will meet with the student, and often with the school official, to determine what level of community support is required. Support is confidential and requires the voluntary participation of the student. Page 413 of 431 The City of Niagara Falls, Ontario Resolution Moved by: Seconded by WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice of a change made to the conditions of approval of a plan of subdivision by an approval authority; and WHEREAS notwithstanding the requirement for the written notice for a change to the conditions of approval of a plan of subdivision, subsection 51(47) of the Planning Act , 1990 R.S.O allows a municipality to deem such requested changes minor by passing a resolution; and WHEREAS 1956662 Ontario Inc. requested Council consider passing a resolution that would deem the change to the conditions of approval of the St. Thomas More Plan of Subdivision (26T-11-2019-003) minor and not require circulation of a written notice; and WHEREAS Council determined that the proposed change to the conditions of approval of the St. Thomas More Plan of Subdivision would permit 1956662 Ontario Inc. to phase the subdivision to recognize as Phase One, 12 on-street townhouses adjacent to Carlton Street and, as Phase Two, 18 detached lots on St. Thomas More Drive; and, the Phase One westerly lot line be moved 7 m westerly to provide a greater rear yard depth and lot area for the on-street townhouse units. THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the St. Thomas More Plan of Subdivision minor and exempts the requirement for circulating a written notice. AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 414 of 431 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to authorize the payment of $29,323,916.34 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period from June 3, 2021 to July 13, 2021. Passed this tenth day of August, 2021 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, CITY CLERK MAYOR First Reading: August 10, 2021 Second Reading: August 10, 2021 Third Reading: August 10, 2021 Page 415 of 431 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. 2021-69 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 10th day of August, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 416 of 431 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 Jesse Paul Liam Raymond Philip Rudachuk Morgan Sereeira Martin Stinson Thomas Tavender Daniel Town Page 417 of 431 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads, and to amend By-law No. 96-50, being a by-law to regulate parking in various municipal parking facilities. (Holiday) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended by repealing the definition of holiday and substituting the following definition thereof; "Holiday" includes Sunday, New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the day proclaimed as a Civic Holiday, Labour Day, Day of Truth and Recognition, Thanksgiving Day, Christmas Day, Boxing Day, the day proclaimed as the monarch birthday or day fixed by proclamation of the Governor General or Lieutenant-Governor-in-Council as a public holiday or for a general feast or thanksgiving and the next following day any such holiday falls on a Sunday; 2. By-law No. 96-50, as amended, is hereby further amended by repealing the definition of holiday and substituting the following definition thereof; "Holiday" includes Sunday, New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the day proclaimed as a Civic Holiday, Labour Day, Day of Truth and Recognition, Thanksgiving Day, Christmas Day, Boxing Day, the day proclaimed as the monarch birthday or day fixed by proclamation of the Governor General or Lieutenant-Governor-in-Council as a public holiday or for a general feast or thanksgiving and the next following day any such holiday falls on a Sunday; Page 418 of 431 This By-law shall come into force immediately. Passed this tenth day of August, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 10, 2021 Second Reading: August 10, 2021 Third Reading: August 10, 2021 Page 419 of 431 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Ellsworth Place and Wilson Crescent Northbound on Ellsworth Place Crysler Avenue and Jepson Street Southbound on Crysler Avenue Hutton Avenue and Nelson Crescent Southbound on Hutton Avenue This By-law shall come into force when the appropriate signs are installed. Passed this tenth day of August, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 10, 2021 Second Reading: August 10, 2021 Third Reading: August 10, 2021 Page 420 of 431 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law No. 1538-1958 (Crowland) to restrict the use of the Lands to agricultural purposes only (AM-2021-004). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 1538-1958 (Crowland), to limit the use of the Lands in a manner that would otherwise be permitted by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 1538-1958 (Crowland), the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 1538-1958 (Crowland) to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. (a) The permitted uses shall be agricultural uses, and buildings and structures accessory thereto, except a dwelling of any type. (b) For greater certainty, without limiting the generality of the foregoing, a dwelling of any type is not a permitted use upon the Lands. 5. The regulations governing the permitted uses shall be the regulations specified for a RA use. 6. All other applicable regulations set out in By-law No. 1538-1958 (Crowland) shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. Page 421 of 431 2 Read a First, Second and Third time; passed, signed and sealed in open Council this 10th day of August, 2021. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2021\By-laws\Am-2021-004 5563 Slater\AM-2021-004 By-law 1.docx Page 422 of 431 SCHEDULE 2 TO BY-LAW NO. 2021- Subject Lands: Amending Zoning By-law No. 1538 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\04\AM-2021-04\AM-2021-04.aprx William and Donna Warner 272514000200700 AM-2021-004 ¹ 7/12/2021 Description:Part of Lot 3, Concession 3 Township of Crowland now in the City of Niagara Falls NTSCrowland AvLyons Cree k R d Schisler RdMisener RdRA Page 423 of 431 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law No. 1538-1958 (Crowland) to permit a reduction in minimum lot area of the Lands (AM-2021-004). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 1538-1958 (Crowland), to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 1538-1958 (Crowland), the provisions of this by-law are to prevail. 3. The permitted uses shall be the permitted uses specified for a RA use. 4. Notwithstanding any provision of By-law No. 1538-1958 (Crowland) to the contrary, the following regulations shall be the regulations governing the permitted uses on and of the Lands. 5. The regulations governing the uses permitted uses shall be as follows: (a) Minimum lot area 1.47 acres (0.598 hectares) after necessary road widenings have been dedicated (b) The balance of regulations specified for a RA use. 6. The regulations governing the permitted uses shall be the regulations specified for a RA use. 7. All other applicable regulations set out in By-law No. 1538-1958 (Crowland) shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. Page 424 of 431 2 Read a First, Second and Third time; passed, signed and sealed in open Council this 10th day of August, 2021. ....................................................................... ..................................................................... W ILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2021\By-laws\Am-2021-004 5563 Slater\AM-2021-004 By-law 2.docx Page 425 of 431 SCHEDULE 1 TO BY-LAW NO. 2021- Subject Lands: Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\04\AM-2021-04\AM-2021-04.aprx William and Donna Warner 272514000200700 AM-2021-004 ¹ 7/12/2021 NTS&&&&&&&& 60.3m +/-60.3m 103.0m103.0mSchisler Rd Lyons Cree k R d Misener RdRA Amending Zoning By-law No. 1538 Description:Part of Lot 3, Concession 3 Township of Crowland now in the City of Niagara Falls Page 426 of 431 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to designate Lot 22, Registered Plan 239, not to be subject to part-lot control (PLC-2021-002). 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 to permit semi-detached and detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lot 22 into 2 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 Lot 22, Registered Plan 239, 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 10th day of August, 2021. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2021\PLC-2021-002\By-law.docx Page 427 of 431 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to establish Parts 3 and 4 on 59R-16976 (one foot reserves) as a public highway to be known as, and, form part of Brookside Drive. 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 it was a requirement of the City, with the registration of the Beaver Valley Corridor Subdivision Phase 1 (Plan 59M-492), that certain one foot reserves along various sections of the roads were transferred to the city to limit access to the road by adjacent property owners; AND WHEREAS in order for the owners of certain lots on Brookside Drive to have legal access to their properties, Parts 3 and 4 on 59R-16976 must be declared as a public highway so that the properties will have frontage on a public highway; AND WHEREAS it is deemed desirable to declare Parts 3 and 4 on 59R-16976, as a public highway, forming part of Brookside Drive. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Block 72 (reserve block), Plan 59M-307, designated as Part 3 on Reference Plan 59R-16976, being part of PIN 64304-0512 (LT) and Part of Block 27 (reserve block), Plan 59M-345, designated as Part 4 on Reference Plan 59R-16976, being part of PIN 64304-0554 (LT) (the “Subject Lands”) are hereby established, laid out and declared as a public highway forming part of Brookside Drive, for public use. 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 10th day of August, 2021. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 428 of 431 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to establish Parts 1 and 2 on 59R-16976 (one foot reserves) as a public highway to be known as, and, form part of Citation Road. 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 it was a requirement of the City, with the registration of the Beaver Valley Corridor Subdivision Phase 1 (Plan 59M-492), that certain one foot reserves along various sections of the roads were transferred to the city to limit access to the road by adjacent property owners; AND WHEREAS in order for the owners of certain lots on Citation Road to have legal access to their properties, Parts 1 and 2 on 59R-16976 must be declared as a public highway so that the properties will have frontage on a public highway; AND WHEREAS it is deemed desirable to declare Parts 1 and 2 on 59R-16976, as a public highway, forming part of Citation Road. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Block 31 (reserve block), Plan 59M-257, designated as Part 1 on Reference Plan 59R-16976, being part of PIN 64304-0277 (LT) and Part of Block 36 (reserve block), Plan 59M-224, designated as Part 2 on Reference Plan 59R-16976, being part of PIN 64304-0243 (LT) (the “Subject Lands”) are hereby established, laid out and declared as a public highway forming part of Citation Road, for public use. 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 10th day of August, 2021. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 429 of 431 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to establish Part 5 on 59R-16976 (one foot reserve) and Block 41, Plan 59M-241, as a public highway to be known as, and, form part of Secretariat Court. 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 it was a requirement of the City, with the registration of the Beaver Valley Corridor Subdivision Phase 1 (Plan 59M-492), that certain one foot reserves along various sections of the roads were transferred to the city to limit access to the road by adjacent property owners; AND WHEREAS in order for the owners of certain lots on Secretariat Court in the Beaver Valley Corridor Subdivision Phase 2 to have legal access to their properties and frontage on a public highway, Part 5 on 59R-16976 and Block 41 on 59M-241 must be declared as a public highway; AND WHEREAS it is deemed desirable to declare Part 5 on 59R-16976 and Block 41 on 59M-241, as a public highway, forming part of Secretariat Court. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Block 46 (reserve block), Plan 59M-241, designated as Part 5 on Reference Plan 59R-16976, being part of PIN 64304-0280 (LT) and Block 41, Plan 59M-241, being all of PIN 64304-0322 (LT) (the “Subject Lands”) are hereby established, laid out and declared as a public highway forming part of Secretariat Court, for public use. 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 10th day of August, 2021. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 430 of 431 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 10th day of August, 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 10th day of August, 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 10th day of August, 2021. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 431 of 431