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09-14-2021
City of Niagara Falls Agenda City Council Meeting Tuesday, September 14, 2021 @ 4:00 PM Council Chambers/Zoom App Due to the COVID-19 and the Closure of City Hall, all electronic meetings can be viewed on this page, the City of Niagara Falls 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 September 14 2021- Resolution to go In-Camera 19 - 20 2. CALL TO ORDER O Canada: Performed by Julia (Vocalist) and Anthony Scaringi (Pianist) 2.1. Ceremonial Smudging and Indigenous Land Acknowledgement Jackie Labonte, traditional knowledge keeper, and local member of the Haudenosaunee, will join us virtually to perform a ceremonial smudging of City Council Chambers. 3. ADOPTION OF MINUTES 3.1. Council Minutes of August 10, 2021 Minutes - City Council - 10 Aug 2021 - Minutes - Pdf 21 - 45 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS Page 1 of 703 6. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS 6.1. The Rotary Club of Niagara Falls - 100th Anniversary Jan Jaluvka, on behalf of the Rotary Club Members, will be providing a brief address and presentation to Council to include information pertaining to the club's milestones, highlights and goals. The Club is also requesting a flag-raising ceremony at City Hall to commemorate the 100th Anniversary of the Rotary Club and to arrange for a Falls Illumination to coincide with the date chosen for the flag- raising ceremony. The Rotary Clock Dedication Ceremony will be held on Saturday, September 18, 2021 at 11 AM in the Niagara Parks (base of Murray Hill). The Rotary Club of Niagara Falls - 100th Anniversary (email from Jan Jaluvka) 46 - 47 6.2. Niagara Falls Ryerson Innovation Hub - Update to Council Serge Felicetti, Director of Business Development, will provide Council with an update regarding the initiatives of the Niagara Falls Ryerson Innovation Hub. Furthermore, Mr. Felicetti, will introduce Katlynn Sverko, Manager Satellite Programs Ryerson and Dan Bordenave, Acting CEO, Spark Education Innovation Centre whom will be making a presentation to Council regarding the activities at the Niagara Falls Ryerson Innovation Hub. 7. PLANNING MATTERS 7.1. Public Meeting PBD-2021-45 (Presentation added) AM-2020-016, Zoning By-law Amendment Application 6663, 6671, and 6683 Stanley Avenue and 5640 and 5582 Dunn Street Proposal: Mixed Use 30-Storey Development Consisting of Two Apartment Buildings and a Hotel Building Applicant: Stanley JV Inc. (Kyle Bittman) Agent: NPG Planning Solutions (Mary Lou Tanner) PBD-2021-45, AM-2020-016 Stanley & Dunn Presentation - PBD-2021-45 (AM-2020-016) 48 - 87 Page 2 of 703 7.2. Public Meeting PBD-2021-46 (Presentation added) AM-2021-002, Zoning By-law Amendment Application 6035 and 6045 McLeod Road Applicant: 623381 Ontario Inc. (Thomas Newell) Agent: NPG Planning Solutions (Cory Armfelt) Two Apartment Buildings with a Total of 39 Dwelling Units PBD-2021-46, AM-2021-002 6035-6045 McLeod Rd Presentation -PBD-2021-46 (AM-2021-002) Email from Rocky Vacca - Sullivan Mahoney NPG - Letter of Support - PBD-2021-46 88 - 117 7.3. Public Meeting PBD-2021-47 (Report and comments from residents added; presentation added) AM-2021-006, Zoning By-law Amendment Application 5756 Ferry Street Applicant: 2576426 Ontario Inc. Agent: A.J. Clarke and Associates Ltd. (Miles Weekes) 9 Storey Mixed-Use Building with 96 Residential Units and 461 m2 Commercial Uses PBD-2021-47, AM-2021-006 5756 Ferry Street Presentation - PBD-2021-47 - (AM-2021-006) - 5456 Ferry Street PBD-2021-47 - (Ferry Street) Comments from Residents (Redacted) 118 - 147 7.4. Public Meeting PBD-2021-48 (Presentation added) AM-2021-007, Official Plan and Zoning By-law Amendment Application 4118 Main Street and the rear of 4130 Main Street, Chippawa Applicant: 12278898 Canada Inc. (4118 Main Street, Chippawa) Fredric Jonathan Copfer and Frances McGarry 148 - 180 Page 3 of 703 (4130 Main Street, Chippawa) Agent: Better Neighbourhoods Inc. (Daniel Romanko) Conversion of an Existing 2 Storey Building to an Apartment Building with 21 units PBD-2021-48, AM-2021-007 4118 Main Street & rear 4130 Main Street Presentation -PBD-2021-48 - (AM-2021-007) PBD-2021-48 - (Main Street) Comments from residents (Redacted) Additional comment from Peggy Erwin - September 10th Additional comments from Wayne Boyer 8. REPORTS 8.1. CAO-2021-04 National Day for Truth and Reconciliation CAO-2021-04 -National Day for Truth and Reconciliation 181 - 184 8.2. CAO-2021-06 COVID-19 Vaccination Policy CAO-2021-06 - Vaccination Policy 185 - 189 8.3. L-2021-17 (Letter from resident added) Declare Surplus Lands and Sale 8196 Cummington Square West Chippawa Town Hall Our File No. 2021-94 L-2021-17 - Chippawa Town Hall - Report to Declare Surplus Chippawa Town Hall - Letter from resident (Redacted) 190 - 195 8.4. L-2021-18 2285045 Ontario Inc. Conveyance of Part Road Allowance between Lots 4 & 5, Concession Broken Front, Crowland, being Part 1 on 59R-13238 Our File No. 2021-112 196 - 200 Page 4 of 703 L-2021-18 - Transfer of Lands from 2285045 Ontario Inc. (Part of Part 1 on 59R-13238).v2 8.5. MW-2021-54 (Letter of support added) Addition of Historical Stained Glass Window Features to the Holocaust Memorial at Lundy’s Lane Cemetery MW-2021-54 - Addition of Stained Glass Windows to Holocaust Memorial MW-2021-54 - Attachment 1 - Proposed Layout Plan & 3D Rederings - Stained Glass Window Features MW-2021-54 -Attachment 2 - Photos of Stained Glass Windows Prior to Removal Congregation BNai Tikvah - Letter to NF Council - Letter of Support- Sept 10-2021 201 - 217 8.6. MW-2021-59 Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Gas MW-2021-59 - Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Gas MW-2021-59 - Attachment 1 - Guidelines to Municipalities Respecting Renewal of Franchise Agreements with Enbridge Gas MW-2021-59 - Attachment 2 - Bylaw 2002-052 and Franchise Agreement - Niagara Falls (March 18, 2002) No.9 - Attachment 3 - Resolution - Enbridge Gas By-Law Attachment 4 - Enbridge Gas Renewal of Franchise Agreement MW-2021-59 - Attachment 5 - Model Franchise Agreement - Niagara Falls (EGD) 218 - 252 8.7. MW-2021-61 Niagara Veterans Memorial Highway – Signage Enhancements MW-2021-61 Niagara Veterans Memorial Highway 253 - 257 Page 5 of 703 8.8. PBD-2021-51 Section 20 Development Charge Act Appeal 10941 Niagara River Parkway Applicant: Brandon Ferri in c/o Connie Nothdurft PBD-2021-51 - Development Charges Appeal 258 - 260 8.9. R&C-2021-09 2021 Sports Wall of Fame Inductees R&C-2021-09 2021 Sports Wall of Fame Inductees R&C-2021-09-Attachment 261 - 263 8.10. R&C-2021-10 Santa Claus Parade Fee for Service R&C-2021-10-Santa Claus Parade Fee For Service.docx R&C-2021-10 - Attachment R&C-2021-10 - Attachment #2 - Niagara Falls Review Article circa 1950 Santa Claus Parade - City of Niagara Falls - Letter of Support - Downtown BIA 264 - 275 8.11. R&C-2021-11 2021 Arts & Culture Wall of Fame Inductions R&C-2021-11-2021 Arts & Culture Wall of Fame Inductions R&C-2021-11-2021 Attachment 276 - 279 8.12. R&C-2021-12 (Report and presentation added) MacBain Community Centre Operating Plan R&C-2021-12- MacBain CC Operating Plan.docx Presentation - MacBain Community Centre Operating Plan R&C-2021-12-Attachment #1- MacBain Gymnasium draft schedule 280 - 316 Page 6 of 703 R&C-2021-12-Attachment #2 MacBain CC draft Rates & Fees.docx R&C-2021-12 - Attachment #3 draft MCC Budget 8.13. TS-2021-06 Capital Budget Amendment: Sole Source Purchase of Driver Protection Systems and Use of Safe Restart Agreement (Phase 3) Funding TS-2021-06 Purchase & SRA Funding for Driver Protection Systems 317 - 321 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2021-47 Monthly Tax Receivables Report – July F-2021-47- Tax Receivables Monthly Report (July) F-2021-47- Attachment 322 - 325 F-2021-48 Municipal Accounts F-2021-48 Municipal Accounts F-2021-48 Attachment 326 - 340 F-2021-49 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 F-2021-49 -Cancellation Reduction or Refund of Taxes F-2021-49 Attachment 341 - 343 Page 7 of 703 FS-2021-03 Parking License Agreement with Niagara Falls Curling Club and the City of Niagara Falls FS-2021-03 Curling Club Parking License Agreement FS-2021-03 Attachment 344 - 354 IS-2021-001 (Report added) Copier Lease Renewal IS-2021-01 - Copier Lease Renewal 355 - 356 MW-2021-52 Stevens Street – Parking Review MW-2021-52 Stevens Street - Parking Review MW-2021-52 Attachment 1 - Stevens Street - Parking Review 357 - 360 MW-2021-53 Fallsview Boulevard - Parking Control Revision MW-2021-53 Fallsview Boulevard - Parking Review MW-2021-53 Attachment 1 - Fallsview Boulevard - Parking Review 361 - 363 MW-2021-55 Eastwood Crescent at College Crescent Intersection Control Review MW-2021-55 Eastwood Crescent at College Crescent - Intersection Control Review MW-2021-55 Attachment 1 - Eastwood Crescent @ College Crescent - Intersection Control Review 364 - 366 MW-2021-56 Main Street Proposed Metered Parking Extension MW-2021-56 Main Street - Proposed Metered Parking Extension 367 - 369 Page 8 of 703 MW-2021-56 Attachment 1 - Main Street - Proposed Metered Parking Extension MW-2021-57 Matthews Drive - Parking Review MW-2021-57 Matthews Drive - Parking Review MW-2021-57 Attachment 1 - Matthews Drive - Parking Review 370 - 372 MW-2021-58 Chippawa West Phase 2 Stage 5 and Grottola Estates - Regulatory Signs MW-2021-58 Grottola & Chippawa West Ph 2 St 5 - Regulatory Signs 373 - 374 MW-2021-60 Willoughby Drive – Speed Limit Review MW-2021-60 - Willoughby Drive - Speed Limit Review MW-2021-60 - Attachment 1 - Willoughby Drive - Speed Limit Review 375 - 377 MW-2021-62 Assumption of Various Subdivisions MW-2021-62 Assumption of Neibourhoods of St. Davids Subdivisions_Aug31_2021 MW-2021-62 - Attachment 1 - LocationMap 378 - 381 PBD-2021-49 AM-2013-013, Zoning By-law Amendment Application 7712 Badger Road Applicant: 1962855 Ontario Inc. Agent: Lucy Borghesi Removal of Holding (H) Symbol PBD-2021-49, AM-2013-013 7712 Badger Road (Lift H) 382 - 384 PBD-2021-50 Matters Arising from Municipal Heritage Committee 385 - 388 Page 9 of 703 2021 Designated Property Grant 6320 Pine Grove Avenue – Earl Thomas House Tree Removal and Foundation Repair PBD-2021-50, Matters Arising from MHC, 2021DPG PBD-2021-52 Amendment to By-law 2021-57 Licensing for Vacation Rental Units and Bed and Breakfasts PBD-2021-52, Proposed Amendment to Licensing By-law 2021-57 389 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. The Niagara Community Garden Network (NCGN) The Niagara Community Garden Network (NCGN) is a collaborative network of residents, partners and local food security leaders working together to build thriving community gardens, ultimately improving food security and food access. Everyone deserves to easily access nutritious and affordable healthy food and that by growing and sharing food we can transform communities and address environmental, health and social issues. The NCGN is a program of, and funded by, United Way Niagara. The NCGN is recommending Niagara municipalities implement policies and practices related to issues as stated in attached letter. RECOMMENDATION: To Refer to Staff. Email from Tamara Coleman-Lawrie - United Way Mayor Diodati and Council - Niagara Community Gardens Position Statement - Intro.docx (1) Increasing Barrier Free Access to Food Security Through Community Gardens - FINAL 390 - 394 10.2. Integrity Commissioner Report (IC-13023-0321 - Holm/Dabrowski) Attached, please find the Integrity Commissioner's letter dated August 13, 2021 and the Final Report for the above-noted matter. RECOMMENDATION: For Council's Consideration. Letter to Clerk - August 13, 2021 - IC-13023-0321 re. Final Report 395 - 405 Page 10 of 703 Final Report - IC-13023-0321(HolmDabrowski) 10.3. Integrity Commissioner Report (IC-13125-0321- Spanton/Kerrio) Attached, please find the Integrity Commission's letter and the Final Investigation Report dated August 30, 2021 for the above-noted matter. RECOMMENDATION: For Council's Consideration. Ltr to Clerk - August 30, 2021 - IC-13125-0321 (Corrected) Final Investigation Report - IC-13125-0321 406 - 441 10.4. Integrity Commissioner Report (IC-12931-0321- Spanton/Dabrowski) Attached, please find the Integrity Commission's letter and the Final Investigation Report dated September 1, 2021 for the above-noted matter. RECOMMENDATION: For Council's Consideration. Letter to Clerk - September 1, 2021 - IC-12931-0321 Investigation Report – IC-12931-0321 442 - 459 10.5. Optometrist Concern - Letter from Dr. Janine Robichaud, Optometrist - Eye Care Crisis Dr. Janine Robichaud, Optometrist, forwarded the attached letter regarding this serious eye care crisis. RECOMMENDATION: That Council support the resolution. Letter from Optometrist Janine Robichaud No.8 - Resolution - Optometrists - Eye Care Crisis 460 - 462 10.6. Niagara Region Correspondence - Update on Niagara Official Plan The following items have been sent from the Niagara Region for information: 1) Update on Niagara Official Plan - Further Draft Policy Development (PDS 32-2021,CLK-C 2021-132) 2) Niagara Official Plan: Land Needs Assessment and Settlement Area (PDS 33-2021, CLK-C 2021-146) 463 - 608 Page 11 of 703 3) Niagara Region Memorandum CAO 17-2021 - COVID-19 Vaccination Update RECOMMENDATION: For the Information of Council. CLK-C 2021-132 PDS 32-2021 PDS 32-2021 CLK-C 2021-146 PDS 33-2021 PDS 33-2021 CLK-C 2021-145 Vaccination Policy 10.7. City of Welland - Staff report Welland City Council passed the following motion on August 10, 2021 at the Council Meeting regarding Niagara Region Grants and Incentives Review with four recommendations regarding affordable rental housing. RECOMMENDATION: For Council's Consideration. Motion 21-109 P&B-2021-42 609 - 634 10.8. Downtown BIA - Fee Waiver Request - Christmas Market The Downtown BIA is preparing to host the annual Christmas Market and are seeking road closures from City Council and the waiving of fees. RECOMMENDATION: To Refer to Staff and to go through the Fee Waiver Application process. Fee Waiver Request - Letter to City of Niagara Falls - Christmas Market Road Closure and Waiving of Fees Christmas Market - Proposed Closure (Map) 635 - 636 10.9. Resolutions from Canadian and United States Great Lake Advisers Advisors to the Great Lakes Fishery Commission pass resolutions addressing GLFC Funding, Offshore Productivity, Lake Trout Stocking 637 - 639 Page 12 of 703 in Lake Huron and Canadian Legislation. Asking for Council's support of these resolutions. RECOMMENDATION: For the Information of Council. Great Lake Advisors - Resolutions 10.10. Resolution - City of St. Catharines - Comprehensive Marine Strategy The attached correspondence from St. Catharines City Council regarding a Comprehensive Marine Strategy. RECOMMENDATION: For the Information of Council. Notification - Premier Ford - Comprehensive Marine Strategy 640 - 641 10.11. Land Use Compatibility Guideline Correspondence sent from Gravel Watch Ontario providing their response to the attached document. RECOMMENDATION: For the Information of Council. GWO Response to ERO 019-2785 LUG Report - Updated Mark Dorfman 642 - 662 10.12. Flag-Raising Request - 2021 United Way Campaign United Way is requesting the City of Niagara Falls to support the United Way. RECOMMENDATION: That Council approve a flag-raising ceremony to kick-off the 2021 United Way Campaign on Wednesday, September 15, 2021. Flag-Raising - United Way 2021 Campaign 663 10.13. Proclamation Request - Rail Safety Week 2021 Rail Safety Week will be held in Canada, the United States, and Mexico fromSeptember 20-26, 2021. As a proud neighbour of your community, CN is committed to help prevent accidents and injuries at rail crossings by collaborating on efforts to raise rail safety awareness to help keep your fellow citizens safe. CN is requesting the City of Niagara Falls to proclaim the week from September 20-26, 2021 as "Rail Safety Week 2021." 664 - 666 Page 13 of 703 RECOMMENDATION: That the City of Niagara Falls proclaim the week from September 20-26, 2021 as "Rail Safety Week 2021." RSW2021_Resolution_Canada Proclamation - Email from Chief of Police and Chief Security Officer 10.14. Proclamation Request - Rett Syndrome Awareness Month On behalf of the Ontario Rett Syndrome Association (O.R.S.A.), there is a request to renew the proclamation to mark October as "Rett Syndrome Awareness Month" and to send a request to the Niagara Falls Illumination Board to light the Falls purple on Friday, October 29, 2021 to show community support and create awareness. The Niagara Falls Illumination Board has approved the lighting of the Falls in purple on Friday, October 29, 2021. RECOMMENDATION: That Council approve the request to renew the proclamation to mark October as "Rett Syndrome Awareness Month." Proclamation Request - Rett Syndrome Awareness Month 667 - 668 10.15. Proclamation Request - Fire Prevention Week Niagara Falls Fire Chief, Jo Zambito, is requesting Council to proclaim the week of October 3 - October 9, 2021 as "Fire Prevention Week." This year's theme is "Learn the Sounds of Fire Safety." RECOMMENDATION: That Council approve the request to proclaim the week of October 3 - October 9, 2021 as "Fire Prevention Week." Proclamation - City Clerks Memo 2021 - Fire Prevention Week Proclamation Fire Prevention Week 2021 669 - 670 10.16. Resolution - City of Thorold - Stiffer Penalties for Infractions relating to the Importation, Production or Distribution of Fentanyl The attached resolution was adopted by the Thorold City Council at its September 7, 2021 meeting. RECOMMENDATION: For Council's Consideration. Resolution - City of Thorold - Stiffer Penalties for Infractions relating to the Importation, Production or Distribution of Fentanyl 671 - 672 Page 14 of 703 10.17. Downtown BIA - Appointment to the Board of Management On behalf of the Board of Management for the Downtown BIA, elected member Third Space Cafe would like to change their representative on the Board to reflect their new incoming Executive Director. RECOMMENDATION: That Council approve the appointment of L isa VanderKlippe to the Board of Management for the Downtown BIA. Downtown BIA - Appointment to the Board Request 673 - 674 10.18. Noise By-law Exemption - 10th Annual Heaters Heroes Run For Children The Heaters Heroes Committee along with the Fallsview Hose Brigade are requesting that Council grant an exemption to the City's Noise-By- law until 11:00 PM on Saturday, September 18th, 2021, for the purpose of playing music for their annual event taking place at Oakes Park. RECOMMENDATION: That Council Approve the request for a noise by-law exemption. 10.19. Audio Recordings of Closed Meetings of Council - Memo from City Clerk Attached is a memo from our City Clerk regarding audio recordings of closed meetings of Council. RECOMMENDATION: That Staff receive direction from Council on the care and control of audio recordings of closed Council meetings. Clerk's Memo - Audio Recordings of Closed Meetings 675 11. RESOLUTIONS 11.1. MW-2021-59 Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Gas That the Council of the City of Niagara Falls approves the form of draft by-law and franchise agreement attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of the Municipal Franchises Act; AND FURTHER that this Council requests that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the attached draft by-law and franchise agreement pertaining 676 Page 15 of 703 to the Corporation of the City of Niagara Falls is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. No.9 - Resolution - Enbridge Gas 12. RATIFICATION OF IN-CAMERA 13. BY-LAWS The following by-law (By-law No. 2021-86) is to be read a first and second time and provisionally adopted on this 14th day of September, 2021. 2021- 86. A by-law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and Enbridge Gas Inc. Enbridge Gas Renewal of Franchise Agreement 677 14. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2021-87 - A by-law to authorize the payment of $42,459,470.96 for General Purposes. 06 - Municipal Accounts 210914 678 2021-88 - 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 SEP 14 By-law Enforcement Officers 679 - 680 2021-89 - A by-law to amend By-law No. 2019-35, being a by-law to regulate animal care and control. Animal Control Bylaw Amendment 2021 681 2021-90 - A by-law to declare 8196 Cummington Square West; Chippawa Town Hall; as surplus. By-law - Declare Lands Surplus 682 Page 16 of 703 2021-91 - A by-law to authorize the execution of a Development Agreement pursuant to the approved Zoning By-law amendment application to rezone the lands municipally known as 5563 Slater Avenue, in the City of Niagara Falls, to a site specific Residential Mixed (R3) zone, to permit the conversion of the existing detached dwelling to a triplex, with Heather Cox and Barrington Timoll. Execution By-law authorizing Development Agreement 683 2021-92 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Stop Signs at Intersections) MW-2021-58 Grottola & Chippawa West Ph 2 St 5 - Regulatory Signs By-law 684 - 685 2021-93 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Meter Zones) September 14 - Fallsview Boulevard 686 - 688 2021-94 - 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) September 14 - Garner Estates - All-Way Stops 689 2021-95 - A by-law to provide for the adoption of Amendment No. 139 to the City of Niagara Falls Official Plan (AM-2019-022). Zoning By-law - OPA 139 OPA 139 BODY OPA 139 Schedule 690 - 692 2021-96 - A by-law to amend By-law No. 79-200, to permit the use of the lands for a vacation rental unit (AM-2019-022). Zoning Bylaw AM-2019-022 Zoning Bylaw AM-2019-022 Schedule 693 - 695 Page 17 of 703 2021-97 - A by-law to amend By-law No. 79-200, to permit the use of the lands for 4 apartment dwellings containing a total of 80 units (AM - 2021-008). Zoning Bylaw AM-2021-008 Zoning Bylaw AM-2021-008 Schedule 696 - 698 2021-98 - A by-law to amend By-law No. 2014-080, which amended By- law No. 79-200, to remove the holding symbol (H) on the lands municipally known as 7712 Badger Road(AM-2013-013). Zoning Bylaw AM-2013-013 Lift H Zoning Bylaw AM-2013-013 Lift H Schedule 699 - 700 2021-99 - Being a by-law to amend By-law 2021-57, a By-law to regulate and license Vacation Rental Units and Bed and Breakfast Establishments. Amendment to Licensing by-law 2021-57 701 - 702 2021-100 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of September, 2021. 09 14 21 Confirming By-law 703 15. NEW BUSINESS 16. ADJOURNMENT Page 18 of 703 The City of Niagara Falls, Ontario Resolution September 14, 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 September 14, 2021, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (b), (c), (e) and (i) of the Municipal Act: (2) A meeting or part of a meeting may be closed to the public if the subj ect matter being considered is; (b) personal matters about an identifiable individual; (c) a proposed or pending acquisition or disposition of land by the municipality; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; THEREFORE BE IT RESOLVED that on September 14, 2021 Niagara Falls City Council will go into a closed meeting that is scheduled at 4:00 p.m., to consider matters that fall under section 239 (2) (b) of the Municipal Act to discuss a personal matter about an identifiable individual, as well as section 239 (2) (c) involving expressions of interest regarding the MacBain Community Centre as well as the use of the Coronation Centre. Council will consider a report regarding labour relations under section 239 (2) (d), as it relates to the upcoming National Day for Truth and Reconciliation. Lastly, council will also consider matters under section 239 (2) (e) of the Municipal Act for matters dealing with litigation or potential litigation regarding a zoning bylaw appeal in the City’s downtown. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI Page 19 of 703 CITY CLERK MAYOR Page 20 of 703 MINUTES City Council Meeting Tuesday, August 10, 2021 Council Chambers/Zoom app 1:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, and Councillor Chris Dabrowski COUNCIL ABSENT: COUNCIL LATE: 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council enter into an In-Camera session. Carried Unanimously (Councillor Lococo was absent from the vote). 2. CALL TO ORDER O Canada: Performed by 7 local musical talents (recorded version) a) Request to add an In-Camera item to the Council agenda. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council make a request to add an In - Camera item to the Council agenda. Carried Unanimously ORDERED on the motion of Mayor Jim Diodati, Seconded by Councillor Chris Dabrowski that the In-Camera documents that Councillor Carolynn Ioannoni removed from the meeting room at the In-Camera meeting on August 10, 2021, namely those being a copy of staff report MW-2021-50 |4500 Park Street Affordable Housing Contribution Options and subsequent attachments, be returned to City Hall on August 10th, 2021 and to offer an apology to prevent the matter being brought before the Page 1 of 25 Page 21 of 703 City Council August 10, 2021 Integrity Commissioner. Failing the return of the documents, that City Council file a Code of Conduct Complaint with the Integrity Commissioner. Carried ( A recorded vote was requested). Councillors Lococo and Ioannoni abstained from the vote. 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 13, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the minutes of July 13, 2021 be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 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) Mayor Diodati indicated a pecuniary interest to cheque #446027, payable to himself. b) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque #00355-0003, payable to DSBN (Spouse's employer) and to cheque #00355-0004, payable to NCDSB (Employer). c) Councillor Vince Kerrio declared a conflict of interest to Report L -2021- 15 - Encroachment Agreement with the City (6671 Fallsview Boulevard) as he owns property across the street. d) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: • Cheque #00354-0024, dated June 21, 2021 in the amount of $97,562.00. • Cheque #00358-0022, dated July 12, 2021 in the amount of $97,562.00. • Cheque #445917, dated June 16, 2021 in the amount of $452.00 (payable to herself, reimbursement of expenses). Page 2 of 25 Page 22 of 703 City Council August 10, 2021 • Cheque #446305, dated July 7, 2021, in the amount of $122.12 (payable to herself, reimbursement of expenses). • Cheque #00356-0055, dated June 28, 2021, in the amount of $2,333.33 (payable to the Niagara Falls Art Gallery, as she sits on the board as a resident). Councillor Lococo declared a conflict of interest to Item #7.4 - F-2021-46 - Tax Supported Operating Funds. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Melissa Drolet, daughter of Marc Drolet of our Municipal Works Department. b) Mayor Diodati recognized Councillor Mike Strange for attending the Flag Raising for the Olympic Flag for Tokyo 2020. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that a letter of congratulations be sent to the 2 Niagara Olympians whom won medals at the 2020 Tokyo Olympics, Kristen Kit - Gold, Rowing eight - coxwain and Mohammed Ahmed - Silver, Men's 5000 metres and to Maude Charron from Quebec, Gold Medalist. Carried Unanimously c) Mayor Diodati recognized Councillor Victor Pietrangelo for attending the Opening Day Ceremonies for the Ontario Player Development Soccer League in Niagara Falls. d) Mayor Diodati discussed a new addition to City Hall - Nic Wallenda Painting Acquisition • Donated by Toronto artist John Whyte. • Originally housed at the King Street Gallery in Niagara On The Lake. • Acquired by our Niagara Falls History Museum as a part of their public art collection. • A big thank you to John Whyte and also Gina Edward from the King Street Gallery for making this happen. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that an invitation be sent to Nik Wallenda to come to City Hall to sign the bottom of the painting the next time he is in our area. Page 3 of 25 Page 23 of 703 City Council August 10, 2021 Carried Unanimously e) Mayor Diodati welcomed the City's new CAO - JASON BURGESS • Officially welcomed our new CAO, Jason Burgess • Competitive recruitment process • Experienced o Norfolk o Region—Commissioner of Corporate Services o Partner at MNP, large national consulting firm o Vice President at Deloitte & member of their National Tourism Hospitality and Leisure Team • Chartered Professional Accountant (CPA) • Past recipient of the Queen’s Jubilee medal for community involvement • Officially Started July 26th • Happy/ grateful to work with him • Lead post-pandemic f) The next Council meeting is scheduled for Tuesday, September 14, 2021. 6. PLANNING MATTERS 6.1. PBD-2021-41 (Comments from residents and presentation added) 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) The report recommends the following: 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; Page 4 of 25 Page 24 of 703 City Council August 10, 2021 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 satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-41. David Falletta, from Bousfields Inc., acting as the agent, made a presentation to Council supporting the application. Evan Sugden, Senior Planner, Bousfields Inc., was also in attendance to answer questions of Council. Terrance Murray, of 6304 Shapton Crescent, addressed Council citing flooding issues and suggested a maintenance schedule to take care of the concerns (cutting back bush, fenceline, water drainage to avoid flooding issues in the future). The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 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 The report recommends the following: 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. Page 5 of 25 Page 25 of 703 City Council August 10, 2021 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. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2021-42. Cory Armfelt, from NPG Solutions, Agent for application, provided Council with a brief presentation supporting the application. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 7. REPORTS 7.1. F-2021-43 2021 Property tax penalty and interest rate The report recommends: 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. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council approve the return of the property tax penalty and interest rate from 0.5% to 1.25% per month, effective January 1, 2022 and have staff report back to Council in October of 2021. Carried Unanimously 7.2. F-2021-44 Debt Funding of Capital Projects Page 6 of 25 Page 26 of 703 City Council August 10, 2021 The report recommends the following: 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.3. F-2021-45 Capital Project Closing Report as at June 30, 2021 The report recommends the following: 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 7.4. F-2021-46 Tax Supported Operating Fund 2019 Budget to Actual (unaudited) Comparison The report recommends the following: Page 7 of 25 Page 27 of 703 City Council August 10, 2021 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Lori Lococo declared a conflict). 7.5. MW-2021-44 Millennium Recreation Trail Section 2 Update and Development The report recommends the following: 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. Page 8 of 25 Page 28 of 703 City Council August 10, 2021 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously 7.6. MW-2021-46 Lundy’s Lane Cemetery Operations Building Replacement The report recommends the following: 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.7. MW-2021-48 Recommended Parking Fine Increase, Effective January 1, 2022 The report recommends the following: Page 9 of 25 Page 29 of 703 City Council August 10, 2021 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. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.8. MW-2021-49 4500 Park Street Building Decommissioning & Soil Remediation – Construction Update The report recommends the following: 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. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried (Councillor Lococo and Councillor Ioannoni were opposed to the vote). 7.9. PBD-2021-40 26T-11-2019-003, Draft Plan of Subdivision Modification to Draft Plan Approval Page 10 of 25 Page 30 of 703 City Council August 10, 2021 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) The report recommends the following: 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 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 Page 11 of 25 Page 31 of 703 City Council August 10, 2021 The report recommends the following: 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. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Campbell that Report PBD-2021-43 be deferred until such time as the LPAT decision on vacation rentals be given. Motion Defeated (Councillors Dabrowski, Kerrio, Pietrangelo, Strange, Thomson and Mayor Diodati all opposed the vote). ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski 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. Carried (Councillors Campbell, Ioannoni and Thomson were opposed to the vote). ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council receive and accept the remainder of Report PBD-2021-43 for information only and took no further action on staff recommendations 1 and 2. Page 12 of 25 Page 32 of 703 City Council August 10, 2021 Carried Unanimously 8. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2021-41 Municipal Accounts The report recommends: That Council approve the municipal accounts totaling $29,323,916.34 for the period June 3, 2021 to July 13, 2021. F-2021-42 Monthly Tax Receivables Report – June The report recommends: That Council receive the Monthly Tax Receivables report for information purposes. 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 The report recommends the following: 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 Page 13 of 25 Page 33 of 703 City Council August 10, 2021 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. MW-2021-45 Drummond Road Phase 1 Project Update The report recommends the following: 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. MW-2021-47 Canada Community Revitalization Fund Tennis and Basketball Courts Improvements Project The report recommends the following: 1. That Council receive for information Report MW-2021-47 regarding the Tennis and Basketball Court Improvement grant submission; and further, Page 14 of 25 Page 34 of 703 City Council August 10, 2021 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. MW-2021-51 Update to Definition of “Holiday” in Parking and Traffic By-laws The report recommends: 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. PBD-2021-35 PLC-2021-002, Request for Removal of Part Lot Control Lot 22 Plan 239 2757-2761 Wedgewood Crescent Applicant: Bruno Alfano The report recommends: 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. PBD-2021-44 DOW-2017-005, Request for Extension of Commercial Building and Façade Grant Approval for 4463 Queen Street Applicant: Intellectual Inventive Inc. The report recommends: 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. TS-2021-05 WEGO Visitor Transportation Services – Extension Agreement The report recommends: Page 15 of 25 Page 35 of 703 City Council August 10, 2021 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the reports be approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict to L -2021-15) 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. Councillor Lori Lococo discussed the water quality fact sheet. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 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. Page 16 of 25 Page 36 of 703 City Council August 10, 2021 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 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. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 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. Page 17 of 25 Page 37 of 703 City Council August 10, 2021 RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 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 Cummings Memorial Park as "municipally significant" in order to assist with obtaining a Special Occasion Permit from AGCO. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski 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 Cummings Memorial Park as "municipally significant" in order to assist with obtaining a Special Occasion Permit from AGCO. Carried Unanimously 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. 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." Page 18 of 25 Page 38 of 703 City Council August 10, 2021 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the City of Niagara Falls renew their commitment and celebrate sustainability by proclaiming October 18 - 24, 2021 as "Waste Reduction Week in Canada." Carried Unanimously 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the City of Niagara Falls proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" on Thursday, October 21, 2021. Carried Unanimously 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. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski 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. Page 19 of 25 Page 39 of 703 City Council August 10, 2021 Carried Unanimously 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 to Dec 10th 2021 in order to raise awareness of the 16 Days of Activism against Gender-Based Violence. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council support the initiative and direct staff to inquire about holding a similar flag raising from November 25 th to Dec 10th, 2021 in order to raise awareness of the 16 Days of Activism against Gender-Based Violence. Carried Unanimously 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. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council approve the request to arrange a flag-raising ceremony on Friday, September 24, 2021 to honour and recognize "Franco-Ontarian" Day. Carried Unanimously 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 Page 20 of 25 Page 40 of 703 City Council August 10, 2021 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. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange 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 Ukraine's Independence from the Soviet Union. Carried Unanimously 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. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council approve the request from the Chippawa Volunteer Firefighter's Association to waive rental fees to utilize the Chippawa-Willoughby Arena for the dates of August 27-29; September 10-12 and September 17-19, 2021 for the SPN Slo Pitch Tournament in the amount of $4345.29 for the 3 weekends. Carried Unanimously 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. Page 21 of 25 Page 41 of 703 City Council August 10, 2021 RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council approve the request to relieve the City's Noise By-law for live music outdoor events for Saturday evenings from August 21st to September 25th, 2021 at Taps Brewing Co. Inc. Carried Unanimously 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 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 req uirement for circulating a written notice. 11. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the City accept an offer to purchase lands within the Montrose Business Park for a purchase price of $255,000.00; that the City accept the donation of lands, namely, Block 74, Plan 59M-207, for a nominal consideration; that Council provide Page 22 of 25 Page 42 of 703 City Council August 10, 2021 direction to staff regarding a settlement proposal for an LPAT Appeal, involving the property of 4210 Lyons Creek Road and that Council provide staff with direction on options for affordable housing at 4500 Park Street. Carried (Councillor Lori Lococo abstained from the vote and Councillor Carolynn Ioannoni abstained from the last item only (4th item). 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. 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- 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) 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) 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). 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). 2021- 81 - A by-law to designate Lot 22, Registered Plan 239, not to be subject to part-lot control (PLC-2021-002). Page 23 of 25 Page 43 of 703 City Council August 10, 2021 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. 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. 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. 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the by-laws be read a first, second and third time and passed. Carried Unanimously 13. NEW BUSINESS a) Safety Protocols and Signage - Niagara Gorge ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that a letter be forwarded to Niagara Parks Commission a request to come up with additional safety measures that may include additional signage, personal floatation devices, other equipment installed etc. in the area of the Niagara Gorge. Carried Unanimously b) Former Casino Parking Lot – 5445 Kitchener Street, Niagara Falls, ON ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the Ministry of Transportation be asked to maintain the upkeep of the property at the old casino parking lot at 5445 Kitchener Street in Niagara Falls and to ask what their long-term plans Page 24 of 25 Page 44 of 703 City Council August 10, 2021 are for this property; furthermore to include Council Members and Regional Council Members in the correspondence. Carried Unanimously c) MADD Canada - Mountain and Taylor Road - Request for flashing stop light. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that staff be directed to ask the Region to install a 3 way flashing stop light at the intersection of Mountain and Taylor Roads to accompany the new meaningful MADD Canada sign. Carried Unanimously 14. ADJOURNMENT Mayor City Clerk Page 25 of 25 Page 45 of 703 1 Heather Ruzylo Subject: The Rotary Club of Niagara Falls - 100th Anniversary From: Jan Jaluvka < Sent: Friday, June 25, 2021 9:41 AM To: Carey Campbell <ccampbell@niagarafalls.ca> Subject: Re: The Rotary Club of Niagara Falls - 100th Anniversary Hi Carey, Sorry for not getting back to you sooner but our club board of directors meeting was postponed. Having now taken up the matter with our club board, I can now say (officially :) that our club is thrilled to accept Mayor Jim's offer to extend recognition to our club in the manner he suggested, as follows: 1. City Council Meeting Recognition - Our club will send a delegation to the City Council meeting scheduled for September 14th at which they will give a brief address and presentation to Council. Hopefully, by that date Council will have returned in an in-person meeting format. If not, same can be done by Zoom. 2. Flag Raising - On the above-noted date or during the same week (as suits the Mayor's convenience) representatives of our club will take part in a flag raising at City Hall of a Rotary commemorative flag which our club is currently in the process of acquiring. 3. Falls Illumination - The Mayor's arranging a Falls Illumination to approximately coincide with the above Council address/presentation and flag raising would be greatly appreciated by our club. 4. Mayor's Social Media - The Mayor's sharing of his congratulations/recognition on social media and otherwise would likewise be appreciated. Please take the necessary steps to schedule and bring about the foregoing items/events. Please contact me regarding coordinating and organizing same with our club. Thank you again for your help. Jan I know that the official event at the Rotary Clock has been postponed due to current restrictions, but perhaps we could even coordinate that around the same time as you are planning to reschedule that event to. On Apr 9, 2021, at 3:36 PM, Jan Jaluvka wrote: Page 46 of 703 2 Hi Jim, Our Rotary club is celebrating the 100th anniversary of its founding in 1921. As you know, our club makes a significant contribution to the life and wellbeing of Niagara Falls and has been doing so for a century. Perhaps you, as mayor, and/or council could formally recognize this major milestone and our club's contribution to our community. Please feel free to contact me with any questions you may have regarding this matter. Thank you. Jan Page 47 of 703 PBD-2021-45 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-45 AM-2020-016, Zoning By-law Amendment Application 6663, 6671, and 6683 Stanley Avenue and 5640 and 5582 Dunn Street Proposal: Mixed Use 30-Storey Development Consisting of Two Apartment Buildings and a Hotel Building Applicant: Stanley JV Inc. (Kyle Bittman) Agent: NPG Planning Solutions (Mary Lou Tanner) RECOMMENDATIONS 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Tourist Commercial (TC) zone to permit a 30 storey development consisting of a four storey podium with a 26 storey hotel tower with 300 guest rooms, and two 26-storey residential towers with a total of 583 residential units, subject to the regulations outlined in this report; and, 2. That the zoning by-law include a Holding (H) provision to require a record of site condition and updated wind and noise studies 3. That the approval be conditional on the execution of a Section 37 agreement for the mixed use building on 6663, 6671 and 6683 Stanley Avenue and 5640 and 5582 Dunn Street to secure contributions for streetscape improvements on the abutting Stanley Avenue and Dunn Street frontages and the subject lands merging in title. EXECUTIVE SUMMARY Stanley JV Inc. has requested a Zoning By-law amendment to permit the development of a four storey podium with a 26 storey hotel tower with 300 guest rooms, and two 26-storey residential towers with a total of 583 residential units. The amendment is recommended subject to a Holding (H) regulation requiring an updated wind and detailed noise studies at detailed design stage and a Record of Site Condition and a Section 37 agreement 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 mixed-use development provides opportunities for tourism and economic development and will enhance the vitality and viability of the Fallsview Subdistrict of the Central Tourist District; Page 48 of 703 2 PBD-2021-45 September 14, 2021 The proposal conforms to the City’s Official Plan as buildings up to 30 storeys in height are permitted at this location; the submitted Shadow and Wind studies indicate there will be minimal impact on surroundings, and its design meets applicable architectural guidelines; The requested and recommended provisions are appropriate to regulate the proposed use and ensure the proposed development will be compatible with surrounding properties; and, The developer will be required to enter into a Section 37 agreement to secure streetscape improvements on Stanley Avenue and Dunn Street. BACKGROUND Proposal Stanley JV Inc. has requested a Zoning By-law amendment for 3 parcels of lands totaling approximately 1.37 ha (3.39 acre) shown on Schedule 1. As the lands are not whole lots in a plan of subdivision, the 3 parcels will merge upon the same owner taking title. The applicant is seeking planning approvals for a 30 storey development that would permit the development of a four storey podium with a 26 storey hotel tower having 300 guest rooms, ancillary restaurant and retail uses to the hotel, and two 26-storey residential towers with 583 residential units. The hotel tower will be located at the northeast corner of the site. The two residential towers will be located on the southern edge of the site with their longest façades along the east-west axis. An L-shaped 4 storey podium connects the towers and will accommodate the restaurant and retail uses at street level, 4 levels of parking, and outdoor amenities on the roof for hotel guests and tower residents. A total of 969 parking spaces are provided (402 spaces within the 2 levels of underground parking and 568 within the 4 levels of parking structure). Schedule 2 shows details of the proposed development and Schedule 3 shows its elevations. 6663, 6671, and 6683 Stanley Avenue, shown as Parcel 1 in Schedule 1, are zoned Tourist Commercial (TC-294) that permits a 13 storey, 130 room hotel. 5640 and 5582 Dunn Street, shown as Parcel 2 in Schedule 1, are zoned Tourist Commercial (TC-75) that permits all TC uses and exempts parking regulations. The applicant is requesting that all of the lands all be placed under a new site specific TC zone to permit a 30 storey, 93.65 m tall developments consisting of a four storey podium, two residential buildings and a hotel building. Site Conditions and Surrounding Land Uses The lands are occupied by detached dwellings, a 2-3 storey hotel, a separate restaurant, and associated parking. Page 49 of 703 3 PBD-2021-45 September 14, 2021 To the north of the site, at 6605 Stanley Avenue, is a partially constructed hotel podium that includes 3 levels of parking that has approval for a 72 storey mixed use building. To the east are tourist commercial uses including hotels and restaurants, to the south is a parking lot and the Niagara Falls Convention Centre, and to the west is a hydro corridor, driveway to the Convention Centre, and detached dwellings. 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. Submission of a detailed noise study, at detailed design stage, and Record of Site Condition required. Urban design, confirmation of any wind mitigation measures that may affect Stanley Avenue, dedication of daylighting triangle, and design details of the proposed right-in/right-out at Dunn Street near the Stanley Avenue intersection to be reviewed at site plan stage. Niagara Parks Commission (NPC) No comments regarding the application. Ontario Power Generation (OPG) No objections to the application. Prior to construction, the applicant will be required to submit an independent geotechnical study to the satisfaction of OPG, to confirm the current proposal will not impact on underground tunnels under and near the property. Mississaugas of the Credit First Nation (MCFN) Acknowledge receipt of application, provide outline of MCFN Rights and Treaty, indicate duty to consult responsibilities, and request for information. Building All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for spatial separation- fire protection and Geotechnical Report to occur upon Building Permit(s) application. Page 50 of 703 4 PBD-2021-45 September 14, 2021 Business Development, Fire, GIS, Landscape Services, Legal, Municipal Works, Transportation Services No objections to the application or site specific regulations. Detailed technical review will occur at site plan stage. A 0.91 metre road widening is required on Dunn Street west of the widening already taken near Stanley Avenue. Neighbourhood Open House A neighbourhood open house was held on January 13, 2021 and was attended by the applicant, applicant’s planners and consultants, and one (1) member of the public. The individual who attended expressed that it is long overdue and is excited for this development and its location. No objections were received. 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 redevelopment and intensification of the site minimizes land consumption and servicing costs while optimizing transit investments in a manner that will sustain the financial well-being of the Province and City over the long term; The residential units (1, 2, and 3 bedroom units) will add to the diversity of housing options for residents, and will assist the City in meeting its intensification target within the Built-up Area; The development incorporates compatible employment uses catering to the tourist sector that support a liveable and resilient community; The proposed design will assist in the creation of a vibrant public realm; It will provide opportunities for tourism development and permit residential units to enhance the vitality of the area in the off and shoulder seasons; and, It will support increased opportunities for cross-border tourism within the Gateway Economic Centre Area. 2. Official Plan The subject lands are designated Tourist Commercial in the City’s Official Plan and are located within the Fallsview Subdistrict of the Central Tourist District. The subject lands are within an area where developments are permitted to have a height of up to 30 storeys. Page 51 of 703 5 PBD-2021-45 September 14, 2021 The proposal conforms to the Official Plan as follows: The proposal is for a 30 storey development with a residential density of 425 residential units per hectare which is permitted in terms of use and building height; The massing is reduced above the podium. The towers have an appropriate separation from each other, are appropriately set back from the street, and two of the towers have been placed to reduce their visual impact as their narrowest sides face the Falls; The building has been designed to add interest to the Niagara Falls skyline, including its rooftop which will be further refined at the site plan stage ; The design of the podium, the at grade commercial uses, and streetscape improvements will improve the pedestrian experience and physical setting of Stanley Avenue and Dunn Street. The residential component will support the creation of a complete community; The Shadow study concludes that the placement of the towers does not create excessive shadowing on residential areas, public streets and open spaces; While the submitted Wind Study found the proposed development’s design and tower locations will not create severe wind impacts at the street level, there is need to evaluate the cumulative impacts of abutting proposed developments, such as 6609 Stanley Avenue. A holding provision will require the wind study be updated at the detailed design stage to address any mitigation measures; and, The development will be required to contribute toward the improvement of streetscaping within the Fallsview Subdistrict pursuant to Section 42(6) of the Planning Act. 3. Architectural Design Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review process. The applicant’s architect submitted an Architectural Design Brief that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Brief and note the following: Principle 1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. The podium is articulated to reduce the mass into human-scale elements. The street walls are comprised of a clear glazed ground floor which are slightly recessed from the upper parking structure (floors 2-4) which is covered in opaque glazing. Active uses in the form of retail stores and a restaurant is located on the ground floor level of both Page 52 of 703 6 PBD-2021-45 September 14, 2021 frontages to animate the public streets. A canopy is provided in front of the retail stores to protect pedestrians against inclement weather and improve their comfort level. Pedestrian connection to Stanley Avenue and Dunn Street is provided through retail store entrances, internal walkways off Dunn Street, and a midblock pedestrian walkway provided for in Building 1. A dedicated drop-off location is internally located off Dunn Street. Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage. At site plan stage, the proposed features such as landscaping, special paving, and streetscape amenities in the form of benches and bike racks will be reviewed and approved in accordance with the Streetscape Masterplan (adopted by Council, 2001). Transportation staff have indicated a road widening is required for Dunn Street. The proposed commercial uses with multiple entrances at grade will support an active street presence. Principle 3 – Skyview This principle states that maximum sky, light, and air transparency occurs with buildings that have adequate spacing and mass to avoid a feeling of a wall of development. The floor plates of the three towers are below the maximum size. 96% of the building is constructed at the property line to provide a well defined street edge to a height of 14.5 m. The towers are all setback appropriately from the main building walls. The following minor departures are considered acceptable: Towers 2 and 3 have a higher width/length ratio (1:1.76) than the recommended ratio (1:1.5). Despite having a higher ratio, the shorter sides of the buildings are orientated towards Stanley Avenue, which enables the buildings to avoid the slab-like appearance, especially when viewed from the Falls; While Towers 2 and 3 meet the required minimum separation distance of 25 m, Towers 1 and 2 are 23.28 m apart. While this distance is less than required, the minor deviation will not contribute to the “Wall of Development” effect; and, While the Towers are the same height, there are no towers proposed north or west of the development and they are of a lesser height than the approved height (72 storeys) of the tower north of the development. The architect has proposed an interesting roof-feature where the end wall curves into the roof. It will be further refined at site plan stage to ensure that it will add a distinct and interesting feature to the skyline. The proposed external façade design includes a combination of materials (i.e. metal, coloured spandrel panels, concrete) and glass in various degrees of transparency to break up the façade. The residential towers will Page 53 of 703 7 PBD-2021-45 September 14, 2021 have balconies which will assist in differentiating the towers. No mirrored walls are being created. At the site plan stage, details of the building’s cladding will be reviewed to ensure glazing materials meet the Design Guidelines. Principle 4 – Skyline Height This principle states that the taller the building the greater the emphasis should be on slenderness and achieving a visible skyview between towers. The building is located within the Fallsview Subdistrict of the Central Tourist District where buildings to a maximum of 30 storeys in height is permitted. The development is will not impact on Queen Victoria Park. Although the building’s height has not been reduced towards the residential community to the west, the 30 storey height of Tower 3 remains under a 45 degree angular plane taken from the eastern property line of 5700 Dunn Street (located to the west of the Hydro One corridor and driveway to the Niagara Falls Convention Centre) and therefore provides an appropriate transition to residential areas. The Shadow Study confirmed that the development does not create adverse shadowing impacts on the residential uses to its west. Towers 2 and 3 are orientated east-west with the narrowest façade perpendicular to the moraine edge. The long wall of Tower 1 is placed parallel to the moraine; however, its’ floor plate and separation to Tower 2 ensures that a wall of development effect is not created. The curvilinear roof and its walls create interest to the skyline as the white structural elements vary from the glass, metal, and colour spandrel panels. The roof feature curves and flows downward to meet the building in a manner that imitates water going over the Falls. At site plan stage, the specific details of the roof-feature, such as lighting, will be determined to ensure that it will add a distinctive and interesting feature to the skyline. Principle 5 - Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline. The towers are located and sealed to reduce their visual mass. They will not have a negative visual impact on the low-rise residential neighbourhood to the west of the Central Tourist District or along streets perpendicular to the Falls. The skyline views from the Falls and border is maintained by the east-west orientation of Towers 2 and 3 and compact floor plate of Tower 1. The development is located about 730 m from the Skylon Tower and will not compete with its ability to remain a signature on the skyline. Page 54 of 703 8 PBD-2021-45 September 14, 2021 Principle 6 – Microclimate This principles seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow. The Pedestrian Level Wind Study, by Gradient Wind, identifies that the sidewalk and adjacent areas along Dunn Street and intersection at Stanley Avenue are likely to become windier due to channelled winds between the proposed building and the future approved, but not yet constructed, building at 6609 Stanley Avenue. The study notes that should 6609 Stanley Avenue not be developed that the wind conditions at the intersection will remain acceptable for pedestrian use. The study and its addendum letters suggest mitigation measures such as the recessing or relocating the Dunn Street building entrances (the restaurant entrance along the east elevation and the residential lobby entrance) along with the presence of canopies to mitigate impacts. In addition, wind screening, canopies, and/or trellises should be provided on the podium roof areas. A holding (H) provision is recommended to ensure appropriate wind mitigation measures are implemented in the final design at site plan stage. The update is needed to determine cumulative impacts including from the development of 6609 Stanley Avenue and mitigation measures necessary to ensure wind conditions at the pedestrian level remain acceptable. The Sun-Shadow Study, by Turner Fleischer Architects Inc., indicates no open space or residential uses are impacted by the overshadowing effects of the proposed development. The shadowing impact on the low-density residential dwellings to the west is minor during summer months and acceptable in the fall months as shadowing of the front yards of homes on the north side of Dunn Street, between Level A venue and Cleveland Avenue, will occur for less than two hours in the morning. There is no extensive shadowing impacts on Dunn Street or Stanley Avenue. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages. All parking associated with the proposed development is provided on site in either the above-ground structure or the two underground levels. A section of the parking structure on Stanley Avenue that does not have at-grade retail uses is proposed to be buffered by generous landscaping and high quality façade treatment. The landscape and architectural treatment of this section will be reviewed and approved by City and Region staff at the site plan stage. 4. Zoning By-law The applicant has requested the current site specific Tourist Commercial (TC-294) zone be replaced with a new site specific TC zone applied to the entire site to permit Page 55 of 703 9 PBD-2021-45 September 14, 2021 the proposed development. The site specific Tourist Commercial (TC-75) zone provides tourist area parking exemptions that are to be retained. The TC zone permits hotels, restaurants, retail uses, and dwelling units up to 50% of the total floor area in buildings that contain other permitted TC uses, provided the dwelling units are located entirely above the ground floor. The departures requested from the standard TC regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Permitted uses Residential above commercial levels up to 50% floor area Apartment Dwellings Maximum building height 12 m subject to section 4.7; TC-294 zone permits 13 stories or 49 m, whichever is the lesser 30 storeys 93.7 m subject to section 4.7 Parking and access requirements Hotel: 1 parking space for each 1.25 rooms Dwelling Units: 1.4 parking spaces for each dwelling unit 1.25 parking spaces for each dwelling unit Maximum floor area for each retail store 400 m2 485 m2 Maximum projection of a canopy into a required yard 0.45 m 2 m - exterior side yard 2 m - front yard (within the municipal road allowance) Lot area The whole of the lands The following requested amendments can be supported for the following reasons: The requested permitted use of apartment dwellings may be supported as the podium’s street frontages are proposed to have restaurant, retail, and structure parking uses which will animate the street; The requested increase in building height is supported as the proposed development is within the 30 storey height area and conforms to the City’s Tourism Policy Review Handbook, and the Shadow Study indicates that residential areas and pubic realm will not experience long durations in shadow. Through architectural design and appropriate landscaping the impact of increased height on public streets and surrounding properties will be minimal; Page 56 of 703 10 PBD-2021-45 September 14, 2021 The requested regulation of 1.25 parking spaces per dwelling unit can be supported as residential parking needs will be met at a rate supported by Transportation Services. It is noted that the relief is not required for the other proposed uses as parking is provided in accordance with zoning regulations; and, The requested increase in maximum floor area for each retail store may be supported as it will allow for larger retail units that will meet the needs of tourists. The request to treat all the subject lands as one parcel is appropriate as the lands will merge when placed under the same ownership because they are not whole lots in a plan of subdivision. The following requested amendment cannot be supported for the following reasons: The requested increase in the maximum projection of a canopy into the required front yard and exterior side yard of 2 m is not necessary as the canopies are within the subject property. If a canopy extends into the municipal road allowance an encroachment agreement will be needed. The placement of canopies will be reviewed at the site plan stage ; and, 5. Holding (H) Regulations The amending by-law should include a Holding (H) provision to secure the following matter discussed above: An updated wind study that demonstrates that wind speeds meet the safety criterion for all locations along abutting public streets and sidewalks to the satisfaction of the City and Region and taking into consideration the proposed development at 6609 Stanley Street; An updated noise study, upon detailed design stage, to review the building’s design and proposed construction materials to provide appropriate noise mitigation measures and warning clauses to the satisfaction of the City and Region; and, The filing of a Record of Site Condition with the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region. 6. Section 37 Agreements Section 37 agreements are permitted under the Planning Act to secure streetscape and community facilities and to secure the building design approved by Council, in return for increased height. All projects over 4 storeys in height in the City’s tourist area are required to pay for streetscape improvements on abutting streets. To reflect current practice, these streetscape improvements should be incorporated into a Section 37 Agreement. The approximate value of the streetscape improvements (based on the 2019 rate of $1332, subject to inflation) is $266,013. Page 57 of 703 11 PBD-2021-45 September 14, 2021 FINANCIAL IMPLICATIONS The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. 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: Attach. S:\PDR\2021\PBD-2021-45, AM-2020-016 Stanley & Dunn.docx Page 58 of 703 12 PBD-2021-45 September 14, 2021 SCHEDULE 1 (Location Map) Parcel 2 Parcel 1 Page 59 of 703 13 PBD-2021-45 September 14, 2021 SCHEDULE 2 (Site Plan) Page 60 of 703 14 PBD-2021-45 September 14, 2021 SCHEDULE 3 (Elevations) Page 61 of 703 Address: 6663,6671, and 6683 Stanley Avenue and 5640, 5582 Dunn Street Applicant: Stanley JV Inc. (Kyle Bittman) Proposal: 4 storey podium with 3 26-Storey Towers Consisting of Two Apartment Towers and a Hotel Tower Zoning By-law Amendment Application AM-2020-016 Page 62 of 703 A GREAT CITY…FOR GENERATIONS TO COME Location Hotels Convention Centre Detached Residential Page 63 of 703 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 64 of 703 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Maximum building height –30 Storeys 93.7 m subject to section 4.7 Apartment Dwellings Parking Spaces per dwelling unit 1.25 Maximum Floor area for each retail store – 485 m2 Maximum projection of a canopy into a required yard – 2 m –exterior side yard 2 m –front yard (within the municipal road allowance) Lot Area –The whole of the lands Page 65 of 703 A GREAT CITY…FOR GENERATIONS TO COME Elevations Page 66 of 703 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested a Zoning By-law amendment for 3 parcels of lands totaling approximately 1.37 ha (3.39 acre). As the lands are not whole lots in a plan of subdivision, the 3 parcels will merge upon the same owner taking title. •The application is seeking planning approvals for a 30 storey development that would permit the development of a four storey podium with a 26 storey hotel tower having 300 guest rooms, ancillary restaurant and retail uses to the hotel, and two 26-storey residential towers with 583 units. •The hotel tower will be located at the northeast corner of the site. The two residential towers will be located on the southern edge of the site with their longest facades along the east-west axis. An L-shaped 4-storey podium connects the towers and will accommodate the restaurant and retail uses at street level, 4 levels of parking, and outdoor amenities on the roof for hotel guests and tower residents.Page 67 of 703 A GREAT CITY…FOR GENERATIONS TO COME Background •A total of 969 parking spaces are provided (402 spaces within the 2 levels of underground parking and 568 within the 4 levels of parking structure). •6663, 6671 and 6683 Stanley Avenue are zoned Tourist Commercial (TC-294) that permits a 13 storey, 130 room hotel. •5640 and 5582 Dunn Street are zoned Tourist Commercial (TC-75) that permits all TC uses and exempts parking regulations. •The applicant is requesting that all of the lands all be placed under a new site specific TC zone to permit a 30 storey, 93.65 m tall development consisting of a four storey podium, two residential buildings and a hotel building.Page 68 of 703 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House January 13, 2021 Comment: •The individual who attended expressed that it is long overdue and is excited for this development and its location. •No objections were received.Page 69 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis The proposed development is consistent and conforms as follows: •The redevelopment and intensification of the site minimizes land consumption and servicing costs while optimizing transit investments in a manner that will sustain the financial well-being of the Province and City over the long term. •The residential units (1, 2 and 3 bedroom units) will add to the diversity of housing options for residents, and will assist the City in meeting its intensification target within the Built-up Area; •The development incorporates compatible employment uses catering to the tourist sector that support a liveable and resilient community; •The proposed design will assist in the creation of a vibrant public realm; •It will provide opportunities for tourism development and permit residential units to enhance the vitality of the area in the off and should seasons; and, •It will support increased opportunities for cross-border tourism within the Gateway Economic Centre Area. Provincial Policies Page 70 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The subject lands are within an area where developments are permitted to have a height of up to 30 storeys. •The proposal conforms to the Official Plan as follows: –The proposal is for a 30 storey development with a residential density of 425 residential units per hectare which is permitted in terms of use and building height; –The massing is reduced above the podium. The towers have an appropriate separation from each other, are appropriately set back from the street, and two of the towers have been placed to reduce their visual impact as their narrowest sides face the Falls; –The building has been designed to add interest to the Niagara Falls skyline, including its rooftop which will be further refined at the site plan stage; –The design of the podium, the at grade commercial uses, and streetscape improvements will improve the pedestrian experience and physical setting of Stanley Avenue and Dunn Street. The residential component will support the creation of a complete community; –The Shadow study concludes that the placement of the towers does not create excessive shadowing on residential areas, public streets and open spaces; –While the submitted Wind Study found the proposed development’s design and tower locations will not create severe wind impacts at the street level, there is need to evaluate the cumulative impacts of abutting proposed developments, such as 6609 Stanley Avenue. A holding provision will require the wind study be updated at the detailed design stage to address any mitigation measures; and, –The development will be required to contribute toward the improvement of streetscaping within the Fallsview Subdistrict pursuant to Section 42(6) of the Planning Act. Official Plan –Lands designated Tourist Commercial and are located in the Fallsview Subdistrict of Central Tourist District Page 71 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review •The applicant’s architect submitted an Architectural Design Brief that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook •Staff have reviewed the Brief and note; Architectural Design Review Page 72 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The podium is articulated to reduce the mass into human-scale elements. The street walls are comprised of a clear glazed ground floor which are slightly recessed from the upper parking structure (floors 2-4) which is covered in opaque glazing. •Active uses in the form of retail stores and a restaurant is located on the ground floor level of both frontages to animate the public streets. •A canopy is provided in front of the retail stores to protect pedestrians against inclement weather and improve their comfort level. •Pedestrian connection to Stanley Avenue and Dunn Street is provided through retail store entrances, internal walkways off Dunn Street, and a midblock pedestrian walkway provided for in Building 1. •A dedicated drop-off location is internally located off Dunn Street. Architectural Design Review: Principle 1 Positive Building Base Page 73 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •At site plan stage, the proposed features such as landscaping, special paving, and streetscape amenities in the form of benches and bike racks will be reviewed and approved in accordance with the Streetscape Master Plan (adopted by Council, 2001). •Transportation staff have indicated a road widening is required for Dunn Street. •The proposed commercial uses with multiple entrances at grade will support an active street presence. Architectural Design Review: Principle 2 Public Realm at Grade Page 74 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •This principle states that maximum sky, light, and air transparency occurs with buildings that have adequate spacing and mass to avoid a feeling of a wall of development. •The floor plates of the three towers are below the maximum size. •96% of the building is constructed at the property line to provide a well defined street edge to a height of 14.5 m. •The following minor departures are considered acceptable: –Towers 2 and 3 have a higher width/length ratio (1:1.76) than the recommended ratio (1:1.5). Despite having a higher ratio, the shorter sides of the buildings are orientated towards Stanley Avenue, which enables the buildings to avoid the slab-like appearance, especially when viewed from the Falls; –While Towers 2 and 3 meet the required minimum separation distance of 25 m, Towers 1 and 2 are 23.28 m apart. While this distance is less than required, the minor deviation will not contribute to the “Wall of Development” effect; and, –While the Towers are the same height, there are no towers proposed north or west of the development and they are of a lesser height than the approved height (72 storeys) of the tower north of the development. •The architect has proposed a roof-feature where the end wall curves into the roof. •It will be further refined at site plan stage to ensure that it will add a distinct and interesting feature to the skyline. •The proposed external façade design includes a combination of materials (i.e. metal, coloured spandrel panels, concrete) and glass in various degrees of transparency to break up the façade. •The residential towers will have balconies which will assist in differentiating the towers. •At the site plan stage, details of the building’s cladding will be reviewed to ensure glazing materials meet the Design Guidelines. Architectural Design Review: Principle 3 Skyview Page 75 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The building is located within the Fallsview Subdistrict of the Central Tourist District where buildings to a maximum of 30 storeys in height is permitted. •The development will not impact on Queen Victoria Park. •The 30 storey height of Tower provides an appropriate transition to residential areas. •The Shadow Study confirmed that the development does not create adverse shadowing impacts on the residential uses to its west. •Towers 2 and 3 are orientated east-west with the narrowest façade perpendicular to the moraine edge. The long wall of Tower 1 is placed parallel to the moraine; however, its’ floor plate and separation to Tower 2 ensures that a wall of development effect is not created. •The curvilinear roof and its walls create interest to the skyline as the white structural elements vary from the glass, metal, and colour spandrel panels. •The roof feature curves and flows downward to meet the building in a manner that imitates water going over the Falls. •At site plan stage, the specific details of the roof -feature, such as lighting, will be determined to ensure that it will add a distinctive and interesting feature to the skyline. Architectural Design Review: Principle 4 Skyline Height Page 76 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline. •The towers will not have a negative visual impact on the low-rise residential neighbourhood to the west of the Central Tourist District or along streets perpendicular to the Falls. •The skyline views from the Falls and border is maintained by the east-west orientation of Towers 2 and 3 and compact floor plate of Tower 1. •The development is located about 730 m from the Skylon Tower and will not compete with its ability to remain a signature on the skyline. Architectural Design Review: Principle 5 Views and Vistas Page 77 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The Pedestrian Level Wind Study identifies that the sidewalk and adjacent areas along Dunn Street and intersection at Stanley Avenue are likely to become windier due to channelled winds between the proposed building •The study notes that should 6609 Stanley Avenue not be developed that the wind conditions at the intersection will remain acceptable for pedestrian use. •The study suggests mitigation measures such as the recessing or relocating the Dunn Street building entrances (the restaurant entrance along the east elevation and the residential lobby entrance) along with the presence of canopies to mitigate impacts. In addition, wind screening, canopies, and/or trellises should be provided on the podium roof areas. •A holding (H) provision is recommended to ensure appropriate wind mitigation measures are implemented in the final design at site plan stage. The update is needed to determine cumulative impacts including from the development of 6609 Stanley Avenue and mitigation measures necessary to ensure wind conditions at the pedestrian level remain acceptable. •The Sun-Shadow Study indicates no open space or residential uses are impacted by the overshadowing effects of the proposed development. •The shadowing impact on the low-density residential dwellings to the west is minor during summer months and acceptable in the fall months as shadowing of the front yards of homes on the north side of Dunn Street, between Level Avenue and Cleveland Avenue, will occur for less than two hours in the morning. •There is no extensive shadowing impacts on Dunn Street or Stanley Avenue. Architectural Design Review: Principle 6 Microclimate Page 78 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages. •All parking associated with the proposed development is provided on site in either the above - ground structure or the two underground levels. •A section of the parking structure on Stanley Avenue that does not have at-grade retail uses is proposed to be buffered by generous landscaping and high quality façade treatment. •The landscape and architectural treatment of this section will be reviewed and approved by City and Region staff at the site plan stage. Architectural Design Review: Principle 7 Parking and Circulation Page 79 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The applicant has requested the current site specific Tourist Commercial (TC-294) zone be replaced with a new site specific TC zone applied to the entire site to permit the proposed development. The site specific Tourist Commercial (TC-75) zone provides tourist area parking exemptions that are to be retained. •The TC zone permits hotels, restaurants, retail uses, and dwelling units up to 50% of the total floor area in buildings that contain other permitted TC uses, provided the dwelling units are located entirely above the ground floor. Zoning By-Law Page 80 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The departures requested from the standard TC regulations are summarized in the following table: Zoning By-Law ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Permitted uses Residential above commercial levels up to 50%floor area Apartment Dwellings Maximum building height 12 m subject to section 4.7; TC-294 zone permits 13 stories or 49 m, whichever is the lesser 30 storeys 93.7 m subject to section 4.7 Parking and access requirements Hotel:1 parking space for each 1.25 rooms Dwelling Units:1.4 parking spaces for each dwelling unit 1.25 parking spaces for each dwelling unit Maximum floor area for each retail store 400 m2 485 m2 Maximum projection of a canopy into a required yard 0.45 m 2 m -exterior side yard 2 m -front yard (within the municipal road allowance) Lot area The whole of the lands Page 81 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The following requested amendments can be supported for the following reasons: –The requested permitted use of apartment dwellings may be supported as the podium’s street frontages are proposed to have restaurant, retail, and structure parking uses which will animate the street; –The requested increase in building height is supported as the proposed development is within the 30 storey height area and conforms to the City’s Tourism Policy Review Handbook, and the Shadow Study indicates that residential areas and pubic realm will not experience long durations in shadow. Through architectural design and appropriate landscaping the impact of increased height on public streets and surrounding properties will be minimal; –The requested regulation of 1.25 parking spaces per dwelling unit can be supported as residential parking needs will be met at a rate supported by Transportation Services. It is noted that the relief is not required for the other proposed uses as parking is provided in accordance with zoning regulations; and, –The requested increase in maximum floor area for each retail store may be supported as it will allow for larger retail units that will meet the needs of tourists. –The request to treat all the subject lands as one parcel is appropriate as the lands will merge when placed under the same ownership because they are not whole lots in a plan of subdivision. Zoning By-Law Page 82 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis The following requested amendment cannot be supported for the following reasons: •The requested increase in the maximum projection of a canopy into the required front yard and exterior side yard of 2 m is not necessary as the canopies are within the subject property. If a canopy extends into the municipal road allowance an encroachment agreement will be needed. The placement of canopies will be reviewed at the site plan stage. Zoning By-Law Page 83 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The amending by-law should include a Holding (H) provision to secure the following matter: –An updated wind study that demonstrates that wind speeds meet the safety criterion for all locations along abutting public streets and sidewalks to the satisfaction of the City and Region and taking into consideration the proposed development at 6609 Stanley Street; –An updated noise study, upon detailed design stage, to review the building’s design and proposed construction materials to provide appropriate noise mitigation measures and warning clauses to the satisfaction of the City and Region; and, –The filing of a Record of Site Condition with the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region. Holding (H) Regulations Page 84 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •Are permitted under the Planning Act to secure streetscape and community facilities and to secure the building design approved by Council, in return for increased height. •All projects over 4 storeys in height in the City‘s tourist area are required to pay for streetscape improvements on abutting streets. •The approximate value of the streetscape improvements is $266,013.00 Section 37 Agreements Page 85 of 703 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 mixed-use development provides opportunities for tourism and economic development and will enhance the vitality and viability of the Fallsview Subdistrict of the Central Tourist District •The proposal conforms to the City’s Official Plan as buildings up to 30 storeys in height are permitted at this location; the submitted Shadow and Wind Studies indicate there will be minimal impact on surroundings, and its design meets applicable architectural guidelines; •The requested and recommended provisions are appropriate to regulate the proposed use and ensure the proposed development will be compatible with surrounding properties; and •The developer will be required to enter into a Section 37 agreement to secure streetscape improvements on Stanley Avenue and Dunn Street.Page 86 of 703 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application to rezone the lands a site specific Tourist Commercial (TC) zone to permit a 30 storey development consisting of a four storey podium with a 26 storey hotel tower with 300 guest rooms, and two 26- storey residential towers with a total of 583 residential units, subject to the regulations outlined in this report; and, •That the zoning by-law include a Holding (H) provision to require a record of site condition and updated wind and noise studies •That the approval be conditional on the execution of a Section 37 agreement for the mixed use building on 6663, 6671 and 6683 Stanley Avenue and 5640 and 5582 Dunn Street to secure contributions for streetscape improvements on the abutting Stanley Avenue and Dunn Street frontages and the subject lands merging in title.Page 87 of 703 PBD-2021-46 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-46 AM-2021-002, Zoning By-law Amendment Application 6035 and 6045 McLeod Road Applicant: 623381 Ontario Inc. (Thomas Newell) Agent: NPG Planning Solutions (Cory Armfelt) Two Apartment Buildings with a Total of 39 Dwelling Units RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5C Density (R5C) zone to permit two 3 storey apartment buildings with a total of 39 dwelling units, subject to providing a 9 metre setback from the rear yard lot line, and subject to the other regulations outlined in this report. 2. That the amending by-law not be passed until the land is acquired by the owner of the abutting lands to the west at 6065 McLeod Road (M5V The Niagara Inc.). EXECUTIVE SUMMARY On June 22, 2021, PBD-2021-26 was on Council’s agenda for consideration. The applicant requested a deferral and the Public Meeting was postponed until this meeting. No changes have been made to the proposal. 623381 Ontario Inc. (Thomas Newell) has requested a Zoning By-law amendment for land known as 6035 and 6045 McLeod Road. The applicant requests the land be rezoned to a site specific Residential Apartment 5C Density (R5C) zone to permit the construction of two apartment buildings with a total of 39 dwelling units. Provided the rear yard setback is increased to 9 metres, 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 McLeod Road Intensification Corridor; and, The requested R5C zone permits apartment dwellings and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties. The amending by-law should not be brought forward until the City has received confirmation that the owner of the lands the west has acquired the subject lands. The proposed Page 88 of 703 2 PBD-2021-46 September 14, 2021 development will be subject to Site Plan Control. Through this process, servicing, gr ading, tree preservation, planting, and confirmation of wet weather sanitary servicing capacity will be addressed. BACKGROUND On June 22, 2021, PBD-2021-26 was on Council’s agenda for consideration. The applicant requested a deferral and the Public Meeting was postponed until this meeting to consider staff recommendations. However, no changes have been made to the proposal. Proposal 623381 Ontario Inc. (Thomas Newell) has requested a Zoning By-law amendment for land known as 6035 and 6045 McLeod Road totalling 0.38 hectares (0.94 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of two 3 storey apartment buildings with a total of 39 dwelling units. Schedule 2 shows details of the proposed development. The lands are currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) in accordance with Zoning By-law No. 79-200. The applicant is requesting the subject lands be rezoned to a Residential Apartment 5C Density (R5C) zone with site specific regulations for minimum lot area per dwelling, minimum front yard depth, minimum rear yard depth, minimum interior side yard width, minimum landscaped open space, number of apartment dwellings on one lot, and parking space regulations. The agent has indicated the subject lands are to be acquired by the owner and developer of the land to the west (6065 McLeod Road), which are currently being developed with apartments of a similar design. The agent has indicated the parcels, once merged, are proposed to develop as a phased condominium and placed under one condominium corporation, in the future. Site Conditions and Surrounding Land Uses A detached dwelling and accessory building (to be demolished) are located on each parcel of land and there are several trees throughout the site. As the parcels are not whole lots in a plan of subdivision, they will automatically merge once placed under the same ownership. The lands are proposed to be Phase 2 of the development to the west. To the immediate west, is a residential development of 3 apartment buildings containing 54 dwelling units is under construction; to the immediate east is a dental office; to the north are semi-detached dwellings and 2 three storey apartment buildings; and, to the south is vacant land (future commercial development) and a commercial plaza. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Page 89 of 703 3 PBD-2021-46 September 14, 2021 Regional Municipality of Niagara No objections to the application. Will provide detailed comments relating to noise warning clauses, urban design, and engineering at site plan stage. Business Development, Legal, Transportation Services No objections to the application or requested site specific regulations. Building, Municipal Works, and Parks Design No objections to the application or requested site specific regulations. Further submission and review of detailed engineering, lighting, landscaping, and tree inventory/preservation plans, Ontario Building Code review and fire safety measures will occur at the site plan stage. Landscape privacy buffering treatment to be addressed for the existing abutting residential lots. Preservation and incorporation of existing mature healthy trees, whenever possible, is encouraged. Cash-in-lieu of parkland dedication (5% of the appraised land value) will be required. GIS Prior to development, a new municipal address will be assigned. Neighbourhood Open House A virtual neighbourhood open house was held on April 28, 2021 and was attended by 1 neighbour, the applicant, and the applicant’s planners. The neighbour had no concerns regarding the application. Questions were raised regarding ownership and provision of trees and fencing. In addition, an email was received regarding tree ownership. 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; and, Page 90 of 703 4 PBD-2021-46 September 14, 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 Residential in the City’s Official Plan and are located within the McLeod Road Intensification Corridor. The proposal conforms to the Official Plan as follows: The proposed development is for apartment buildings which will offer residents another choice of housing type along a transit route; The proposed density of 103 units per hectare complies with the density permitted mid-route along the McLeod Road Intensification Corridor; The proposed height of 3 storeys is consistent with the height of the adjacent approved development (6065 McLeod Road) and is compatible with the neighbourhood; The recommended zoning regulations will result in an appropriate lot coverage, front and rear yard depth, and interior side yards in relation to abutting land uses; Building A is proposed to be located close to McLeod Road in order to engage with the street which is consistent with the location of buildings at the adjacent approved development (6065 McLeod Road); and, A landscape strip, along with a wall or berm, is required to buffer the proposed parking spaces located in the front yard. In addition, suitable buffering of the proposed interior parking spaces at the eastern property line will be confirmed at the site plan stage. The Official Plan states that a higher density apartment development within the Intensification Corridor should have a rear yard setback equivalent to building height. With the proposed height of 10.75 m the requested rear yard depth of 7.5 metres does not conform to the Official Plan. Furthermore, a setback of 7.5 metres is appropriate for a detached dwelling but not enough to mitigate the impacts of a larger apartment building. While the development to the west abuts apartment buildings to the north that would not be impacted by a reduced rear yard depth, the subject lands abut semi detached dwellings that may be impacted by the increased height and massing of an apartment building. Staff recommend the rear yard depth be increased to 9 metres to lessen the impact on the semi-detached dwellings to the north. This can be achieved by reducing the parking lot aisle in front of Building B. This parking aisle is oversized (10.6 metres versus 6.3 metres required) and is intended to accommodate waste disposal vehicles. This aisle could be reduced to 9 metres or a surplus parking space eliminated to provide the increased setback. While not achieving the full setback envisioned by the Official Plan, a slightly reduced setback can be considered given the modest size of Page 91 of 703 5 PBD-2021-46 September 14, 2021 the apartment dwelling, and the increased setback will not adversely impact the functionability of the site. 3. Zoning By-law The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) in accordance with Zoning By-law No. 79-200. The R4 zone permits apartment dwellings. The applicant has requested a site specific Residential Apartment 5C Density (R5C) zone which permits an apartment dwelling and accessory buildings and structures. The R5C zone was requested as the minimum lot area and height are more compatible with the proposed development than the R4 zone. The changes to the standard R5C regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Lot area Deemed Lot- the whole of the lands shall be considered one lot. Minimum lot area per unit 100 sq. m./dwelling unit 97 sq. m./dwelling unit Minimum front yard depth 7.5 m plus 15.25 m from the centreline of McLeod Rd 4.5 m to the dwelling and 3.3 m from the mechanical room plus 15.25 m from the centreline of McLeod Rd Minimum rear yard depth One-half the height of the dwelling or 10 m, whichever is greater (10 m is required) 7.5 m Minimum interior side yard width (west lot line only) One-half the height of the dwelling (5.38 m is required) 0 m from the west property line Number of parking spaces per unit 1.4 spaces/dwelling unit 1.3 spaces/dwelling unit Number of apartment dwellings on one lot 1 2 Minimum landscaped open space 40% of the lot area 33% of the lot area Page 92 of 703 6 PBD-2021-46 September 14, 2021 Most of the requested regulations can be supported for the following reasons: The standard lot area regulations of the R5C zone would permit 37 dwelling units on the property; the lot area reduction will allow 39 dwelling units which provides a density (103 units/ha) that is consistent with the Official Plan; The reduction to the front yard depth creates a more urban form with a landscaped front yard, as contemplated by the Official Plan. The proposed front yard depth is consistent with the front yard depth of the development on 6065 McLeod Road providing a consistent built form and the opportunity for landscaping. While the mechanical room for Building A is proposed to be located 3.3 m from the McLeod Road property line, its impact is expected to be minor as it is one storey in height and is less than half the width of Building A; The reduction to the westerly interior side yard width to 0 metres can be supported provided the lands are acquired by the owner of 6065 McLeod Road (M5V The Niagara Inc.) and placed under the same ownership as intended. Staff recommend the amending by-law not be passed until the owner of 6065 McLeod Road has acquired the subject lands; The requested parking standard would reduce the number of required parking spaces from 54 to 50. There are 51 parking spaces shown. The minor reduction in parking is supported as the land is located on a bus route; Given the size of the property, allowing 2 apartment buildings to be developed on the property is acceptable. The current R4 zoning would permit the same number of apartment buildings to be constructed; and, The requested reduction in the minimum open landscaped space is minor. As a result of Staff’s recommendation of an increased rear yard setback, there will be a greater amount of open landscaped space on the site. The amount of open landscaped space is suitable for the site and future plantings. Staff do not support the following requested change: The request to deem the land as one lot is not required as they will merge upon having the same ownership, as the parcels are not whole lots in a plan of subdivision. The requested minimum rear yard depth of 7.5 metres as it does not conform to the policies within the Official Plan as discussed above. Staff recommend a minimum rear yard depth of 9 metres which abut low density semi-detached dwellings. The lands are proposed to be acquired by the owner of the lands to the west (M5V Inc.) in August, with the entire land holdings merged into one parcel. Page 93 of 703 7 PBD-2021-46 September 14, 2021 4. Site Plan Through this process, servicing, grading, tree preservation, planting, and confirmation of wet weather sanitary servicing capacity for the development will be addressed. 5. Plan of Condominium The lands are proposed to be placed under a condominium corporation in combination with 6065 McLeod Road. A future application(s) for condominium will be brought to Council for consideration. FINANCIAL IMPLICATIONS The proposed development will provide Cash-in-lieu for Parkland Dedication, Development Charges and a new tax assessment to the City. 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 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer J.Hannah/A Bryce: Attach. S:\PDR\2021\PBD-2021-46, AM-2021-002 6035-6045 McLeod Rd.docx Page 94 of 703 8 PBD-2021-46 September 14, 2021 SCHEDULE 1 (Location Map) Page 95 of 703 9 PBD-2021-46 September 14, 2021 SCHEDULE 2 (Site Plan) Page 96 of 703 Address: 6035 & 6045 McLeod Road APPLICANT: 623381 Ontario Inc. (Thomas Newell) Proposal: To permit 2 –3 storey Apartment Buildings with a total of 39 Dwelling Units Zoning By-law Amendment Application AM-2021-002 Page 97 of 703 A GREAT CITY…FOR GENERATIONS TO COME Location Dental Office Commercial Plaza Semi-detached & Two 3 storey apt Vacant land 54 Unit Apt Bldg under construction Page 98 of 703 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Landscaped Open Space –33% Interior Side yard width –(West lot line only) 0 m. from west property line Minimum lot area – 97 m2/unit Rear yard depth – 7.5 m Front Yard depth 4.5 m to dwelling; 3.5 m from mechanical room + 15.5 m from McLeod Rd 2 Apartment Buildings on one Lot Parking Spaces per unit 1.3 A 18 units B 21 units Page 99 of 703 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested a Zoning By-law amendment for a 0.38 hectare (0.94 acre) parcel of land on the north side of McLeod Road, west of Alex Ave. •Land is zoned Residential Low Density, Grouped Multiple Dwellings (R4). •Applicant is requesting the land be rezoned to Residential Apartment 5C Density (R5C) zone with site specific regulations for lot area per dwelling; front and rear yard depth, side yard width, landscaped open space; parking space regulations and number of apartment buildings on one lot. •Agent has indicated that the subject lands are to be acquired by the owner and developer of the land to the west (6065 McLeod Road) which are currently being developed with apartments of a similar design. The two parcels are proposed to eventually be placed under one condominium corporation. Page 100 of 703 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House APRIL 28, 2021 Concerns: •No concerns, but questions asked regarding ownership, provision of trees and fencing; •One email received regarding tree ownership.Page 101 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICIES •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 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. Page 102 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t OFFICIAL PLAN –Lands are designated Residential in the City’s Official Plan •The proposed development will offer residents another choice of housing type along a transit route; •The proposed density of 103 units per hectare complies with the density permitted mid-route along the McLeod Road Intensification Corridor; •The proposed height of 3 storeys is consistent with the height of the adjacent approved development (6065 McLeod Road) and is compatible with the neighbourhood; •The recommended zoning regulations will result in an appropriate lot coverage, front and rear yard depth, and interior side yards in relation to abutting land uses; •Building A is proposed to be located close to McLeod Road in order to engage with the street which is consistent with the location of buildings at the adjacent approved development (6065 McLeod Road); and •A landscape strip, along with a wall or berm, is required to buffer the proposed parking spaces located in the front yard. In addition, suitable buffering of the proposed interior parking spaces at the eastern property line will be confirmed at the site plan stage.Page 103 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) in accordance with Zoning By-law No. 79-200. The R4 zone permits apartment dwellings. •The applicant has requested a site specific Residential Apartment 5C Density (R5C) zone which permits an apartment dwelling and accessory buildings and structures. The R5C zone was requested as the minimum lot area and height are more compatible with the proposed development than the R4 zone.Page 104 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •The changes to the standard R5C regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Lot area The whole of the lands lot. Minimum lot area per unit 100 sq. m./dwelling unit 97 sq. m./dwelling unit Minimum front yard depth 7.5 m plus 15.25 m from the centreline of McLeod Rd 4.5 m to the dwelling and 3.3 m from the mechanical room plus 15.25 m from the centreline of McLeod Rd Minimum rear yard depth One-half the height of the dwelling or 10 m, whichever is greater (10 m is required) 7.5 m Minimum interior side yard width (west lot line only) One-half the height of the dwelling (5.38 m is required) 0 m from the west property line Number of parking spaces per unit 1.4 spaces/dwelling unit 1.3 spaces/dwelling unit Number of apartment dwellings on one lot 1 2 Minimum landscaped open space 40% of the lot area 33% of the lot area Page 105 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •Most of the requested regulations can be supported for the following reasons: –The standard lot area regulations of the R5C zone would permit 37 dwelling units on the property; the lot area reduction will allow 39 dwelling units which provides a density (103 units/ha) that is consistent with the Official Plan; –The reduction to the front yard depth creates a more urban form with a landscaped front yard, as contemplated by the Official Plan. The proposed front yard depth is consistent with the front yard depth of the development on 6065 McLeod Road providing a consistent built form and the opportunity for landscaping. While the mechanical room for Building A is proposed to be located 3.3 m from the McLeod Road property line, its impact is expected to be minor as it is one storey in height and is less than half the width of Building A; –The reduction to the westerly interior side yard width to 0 metres can be supported provided the lands are acquired by the owner of 6065 McLeod Road (M5V The Niagara Inc.) and placed under the same ownership as intended.Page 106 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •The requested parking standard would reduce the number of required parking spaces from 54 to 50. There are 51 parking spaces shown. The minor reduction in parking is supported as the land is located on a bus route. •Given the size of the property, allowing 2 apartment buildings to be developed on the property is acceptable. The current R4 zoning would permit the same number of apartment buildings to be constructed; and, •The requested reduction in the minimum open landscaped space is minor. As a result of Staff’s recommendation of an increased rear yard setback, there will be a greater amount of open landscaped space on the site. The amount of open landscaped space is suitable for the site and future plantings.Page 107 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t ZONING BY-LAW •Staff do not support the plan of subdivision. •The requested minimum rear yard depth of 7.5 metres as it does not conform to the policies within the Official Plan as discussed above. Staff recommend a minimum rear yard depth of 9 metres which abut low density semi-detached dwellings. •The lands are proposed to be acquired by the owner of the lands to the west (M5V Inc.) in August, with the entire land holdings merged into one parcel. •Staff recommend the amending by-law not be passed until the owner of 6065 McLeod Road has acquired the subject lands Page 108 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t Site Plan •Servicing, grading, tree preservation, planting and confirmation of wet weather sanitary servicing capacity for the development will be addressed. Plan of Condominium •The lands are proposed to be placed under a condominium corporation in combination with 6035 McLeod Road. A future application(s) for phased condominium will be brought to Council for consideration.Page 109 of 703 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •It is concluded that: –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 from anticipated within the McLeod Road Intensification Corridor;and, –The requested R5C zone permits apartment dwellings and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties.Page 110 of 703 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 Apartment 5C Density (R5C)zone to permit two 3 storey apartment buildings with a total of 39 dwelling units,subject to providing a 9 metre setback from the rear yard lot line,and subject to the other regulations outlined in this report. •That the amending by-law not be passed until the land is acquired by the owner of the abutting lands to the west at 6065 McLeod Road (M5V The Niagara Inc.).Page 111 of 703 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-File# AM-2021-002 - 6025, 6035 & 6045 McLeod Road - Zoning By-law Amendment From: Rocky Vacca <rvacca@sullivan-mahoney.com> Sent: Wednesday, September 8, 2021 3:02 PM To: CouncilMembers <councilmembers@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Alex Herlovitch <aherlovitch@niagarafalls.ca>; 'Cory Armfelt' <carmfelt@npgsolutions.ca> Subject: [EXTERNAL]-File# AM-2021-002 - 6025, 6035 & 6045 McLeod Road - Zoning By-law Amendment Importance: High Good afternoon Mayor Diodati, Members of Council and Mr. Matson, I have been retained by the Applicant in this matter which is back before Council at the September 14, 2021 meeting. I have attached a letter prepared by my client’s planning consultant in support of our request that the rear yard setback be approved at 7.5 metres rather than 9 metres as is being recommended by City’s Planning Staff. For all intents and purposes, we are requesting that Council be consistent with the rear yard setback of 7.5 metres previously approved by Council in March, 2021 for the development across the road at the corner of Alex Avenue and McLeod Road for this same client whom I represented at that time. It is acknowledged that Planning Staff also recommended a setback of 10 metres for that development at that time. The arguments in support of this request have been outlined in detail in the attached letter. In particular, it is noted that Planning Staff is recommending a 9 metre rear yard setback given that the proposed rear yard will abut existing semi- detached dwellings; however, in the case of the prior approved development men tioned above, a 7.5 metre setback was approved by Council even though the proposed yards abutted lower density single family dwellings. Thank you in advance for your consideration of this matter. I would be happy to address any questions you may have at the Council meeting. Regards, Rocco "Rocky" Vacca, Partner R. Vacca Professional Corporation SULLIVAN MAHONEY LLP 4781 Portage Road Niagara Falls, Ontario L2E 6B1 Direct Dial: (905) 357-5863 Facsimile: (905) 357-3336 Page 112 of 703 2 This communication is intended only for the named recipient(s) and is private, confidential and privileged. Any unauthorized use or disclosure of this communication is prohibited. If you receive this communication in error, please notify the sender immediately by return mail, by telephone at (905) 688-6655 or by contacting lawyers@sullivan-mahoney.com and immediately deleting the communication from any computer. Thank you. 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 113 of 703 NPG 7t...34?.§"4§33%i $3 {E {E i...%..Ei it gust1,1 I I Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls,ON L2E 6X5 Dear Mayor and Council Members, LETTER IN SUPPORT OF THE ZONING BY-LAW AMENDMENTAPPLICATION AND PHASED CONDOMINIUM APPROACH,M5V INC. 6025,6035,6045 MCLEOD ROAD,NIAGARAFALLS The purpose of this letter is to provide information with regards to the active application for a Zoning By-law Amendment under File #AM—2021-O02.The application willfacilitate the development of 2 stacked townhouse blocks by rezoning the lands to a site-specific Residential Apartment 5C Density Zone (R5C-XX)zone,delivering 39 apartment units at a density of 103 units per hectare.This letter is meant to reassert our position with regards to the proposed rear yard setback. The proposed development provides a 7.5-metre rear yard depth along the north lot line, where the required setback is 10 metres (according to the regulations in ZBL Section 7.12.2).Since our initial submission in January 2021,we have received feedback from City Staff regarding the proposed rear yard setback in that it had to be greater than 7.5 metres.NPG prepared a response letter,dated June 16”‘,2021,with supporting information in favour of the proposed setback.The letter provides justification for the appropriateness of the proposed setback by reviewing the following items: 0 zoning requirements for similar housing forms in other municipalities; -potential shadowing and privacy impacts due to the proposed development on oSubsequently,Staff issued a Report (PBD—2021-26,dated June 22"“,2021)recommending approval of the application subject to providing a 9-metre rear yardsetback.Despite providing supporting information,the 7.5-metre setback was notrecommendedbyStaff.499‘)Victoria Ave.Niagara Falls.ON LZE 4C9 |Office:905-321-6743 |npgsolutionsa.-aPage 114 of 703 , ti 5 ; E A similar discussion had occurred for our client’s site at the southwest corner of McLeod Road and Alex Avenue (File #AM-2020-011).The application sought permission for rezoning lands to a site-specific R5C zone to facilitate the development of 5 stacked townhouse blocks.Similar to the current application,Staff had expressed concerns with regards to the proposed setbacks,more specifically for the interior side yard depth abutting low—densityresidential uses.This setback was proposed to be 6 metres from the south property line,whereas Staff's recommendation was to provide a minimum of 10 metres (see PBD-2021-06,dated February 9”‘,2021).To assist with finding a suitable setback,our client retained Mr.Rocco Vacca —-lawyer at Sullivan Mahoney. Consequently,the application was revised to provide a 7.5—metresetback along the south lot line and was taken back to Council.The revised Zoning By-law Amendment,providing 7.5 metres side yard setback,was approved by Council in March 2021.For the same reason,Mr.Vacca has been retained to assist with the current application as well. The adjacent residential development at 6065 McLeod Road is being developed by our client and is zoned as a site-specific Residential Apartment 5C Density (R5C-1089 through By-law No.2019-40)zone permitted to develop 3 stacked townhouse blocks, containing 54 residential units.The approved by-law for 6065 McLeod Road permits a rear yard depth of 7 metres.According to the report PBD-2021-26,dated June 22"“,2021, the approved rear yard depth for 6065 McLeod Road is considered appropriate as it abuts apartment buildings.However,since the rear yard of the proposed development at 6025- 45 McLeod Road is next to semi-detached dwellings,staff are concerned that there may be impacts due to the proposed building.We note that the development at the southwest corner of McLeod Road and Alex Avenue,where a 7.5-metre setback was granted in March 2021,abuts single-detached dwellings. A Shadow Study was conducted by Organica Studio +as supporting material for the response letter prepared by NPG,dated June 16”‘,2021.The study concludes the proposal will not have shadow effects on the four semi-detached dwellings during the Spring,Summer and Fall seasons.Further,the proposed setback establishes sufficient distance between the existing and proposed buildings to support privacy.As such,the development is not anticipated to cause significant shadowing or privacy concerns for the neighbours to the north.Lastly,it is the intention of our client to combine 6065 McLeod Road with the proposed development at 6025-45 McLeod Road to enable a well- integrated and cohesive residential space.The proposed setback at 7.5 metres will provide a more consistent rear yard than the staff recommended 9—metre setback,as illustrated in Figure 1. 4999 Victoria Ave.Niagzlra Falls,ON LZE 4C9 l Office:905-321-6743 |npgsolutionscaPage 115 of 703 Fig 1 -Distance between the existing and proposed development proximateVa{es »_. r?referencé purposesonly.’ Thetarocque §rqup.dated_Aug 23 and anicalstudio",9datedMay”2,2U2t,_~usedasQaseflan 6003etaoooi S.f98,r&.5i99el ‘Front_enacSté Frontenagst FrontenacSt 3is, -:5 9 3 Although 6065 McLeod Road and 6025-6045 McLeod Road are two developments implemented through two separate site-specific zones,they will operate as one development through a future Condominium corporation agreement.The aim is to register 6065 McLeod Road for a Standard Condominium Corporation first and then to “phase in” the additional units created as a result of 6025-6045 McLeod Road development.It is our understanding that Staff is now in agreement with this approach through discussion with their consulting lawyer. For consistency between these two developments,which will be integrated as one development under a phased condominium process,we are looking for Councils support perspective from Staff,and we respectfully request Council consider the original requestof7.5 meters to be consistent with previous planning decisions and the developmentdirectlyadjacent.4999 Victoria Ave.Niagara Falls.ON LZE 4C9 |Office:905-321-6743 |npgsoluti0ns.caPage 116 of 703 We trust the above is satisfactory and should you require anything further or have any questions please do not hesitate to Contact the undersigned. %a/Dauaé,<‘ Rhea Davis,MPlan Cory Armfeit,MCIP RPP Planner Development Principal NPG Planning Solutions inc.NPG Planning Solutions Inc. C:(587)216-4882 C:(403)942-4291 E:rdavis@npgsolutions.ca E:carmfeit@npgsolutions.ca 4999 Victoria Ave.Niagara Falls.ON LZE 4C9 [Office:905-321-6743 ]npgsolutionscaPage 117 of 703 PBD-2021-47 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-47 AM-2021-006, Zoning By-law Amendment Application 5756 Ferry Street Applicant: 2576426 Ontario Inc. (Alim Gurler) Agent: A.J. Clarke and Associates Ltd. (Miles Weekes) 9 Storey Mixed-Use Building with 96 Residential Units and 461 m2 Commercial Uses RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands a site specific General Commercial (GC) zone to permit a 9 storey mixed-use building with 96 residential units and 461 square metres of commercial space, subject to the regulations outlined in this report. EXECUTIVE SUMMARY 2576426 Ontario Inc. have requested a Zoning By-law amendment for land known as 5756 Ferry Street. The applicant requests the land be rezoned to a site specific General Commercial (GC) zone to permit the construction of a 9 storey mixed-use building. 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 GC zone permits dwelling units and commercial uses, and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties. BACKGROUND Proposal 2576426 Ontario Inc. has requested a Zoning By-law amendment for land known as 5756 Ferry Street totalling 4,927 m2 (1.2 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a 9 storey mixed-use building having 462 m2 (4,962 ft2) of ground floor commercial space and 96 apartment dwelling units. Schedules 2 and 3 shows details of the proposed development. Page 118 of 703 2 PBD-2021-47 September 14, 2021 The lands are currently zoned General Commercial (GC) in accordance with Zoning By-law No. 79-200. The applicant is requesting the subject lands be rezoned to a General Commercial (GC) zone, with site specific regulations to permit one residential unit on the ground floor, increase the maximum height of the building, and decrease the minimum maneuvering aisle width for surface and structure parking. Site Conditions and Surrounding Land Uses The subject lands contain the 2 storey Continental Inn, which is currently in use as long-term affordable rental housing. To the north are commercial uses; to the south are detached dwellings; to the east is vacant land and a hotel; and to the west are commercial uses and detached dwellings. 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, subject to a Holding (H) regulation being applied in the amending By-law requiring the completion of a Phase II Environmental Site Assessment and its submission to the Niagara Region for review and approval prior to the removal of the Holding (H) regulation. The Region will provide archaeological and noise warning clauses for inclusion in the Site Plan Agreement at site plan stage. Regional urban design comments were provided concerning the vehicular driveway entrance, location of on-street parking, and proposed slopes abutting Regional lands that will be addressed at the site plan stage. An approximately 1.5 m wide road widening along the frontage is required to be granted to the Region. Building All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans to occur upon Site Plan Control and Building Permit(s) application. Fire, Landscape Services, Legal, Municipal Works, Transportation Services No objections to the application or requested site specific regulations. Technical review will occur at site plan stage. Parkland dedication to be taken as cash-in-lieu based on professional appraisal at the Building Permit stage. Page 119 of 703 3 PBD-2021-47 September 14, 2021 Neighbourhood Comments A letter was received from the Drummondville BIA indicating their support for the proposed re-development. It indicates that the vision of the site aligns with that of the BIA and its members. Emails were received that requested information on the proposed businesses, clarity on the location of landscape and garbage areas, and where shadowing from the building may occur. In addition, a business owner asked to inform residents of the nearby car wash. In response, as a request to add a commercial use to the GC zone was not received, the allocated commercial space is expected to be occupied by one of the permitted commercial uses of the GC zone. The applicant has indicated that garbage will be stored internally in the building. The preliminary site plan depicts landscaping and fencing at the rear of the property. There is not expected to be any significant shadowing on abutting properties for extended periods of time as the building is situated on the south side of Ferry Street and it has stepped building heights with its tallest height being equal to the rear yard length. The submitted noise study evaluated neighbourhood noise sources and has recommended warning clauses which will form part of the Site Plan Agreement. Neighbourhood Open House A virtual neighbourhood open house was held on June 29, 2021 and was attended by the applicant, the applicant’s planner and consultant, and 14 members of the public. Continental Inn residents expressed concerns regarding their future provision of housing, moving logistics and costs, and relocation assistance. The applicant’s consultant has held meetings with Regional Housing to coordinate how best to assist residents in finding new accommodations that will meet their needs. The consultant indicated that Regional staff will have one-on-one meetings with residents to determine their housing needs and assist with locating housing opportunities. The current Continental Inn manager indicated that there are community members who would assist residents to move. 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 development will add to the diversity of housing options for residents, is transit supportive, will assist the City in meeting its intensification Page 120 of 703 4 PBD-2021-47 September 14, 2021 target within the Built-up Area, and contributes to the creation of a complete community; The compact, mixed-use development incorporates compatible employment uses to support liveable and resilient communities; and, The recommended regulations will facilitate the redevelopment of land in a manner that results in compact form while maintaining appropriate levels of public health and safety. 2. Official Plan The subject lands are designated Tourist Commercial, in part, and Residential, in part, and are within the Drummondville Intensification Node and Clifton Hill Tourist Subdistrict in the City’s Official Plan. The proposal conforms to the Official Plan as follows: The mixed-use development is permitted within the Tourist Commercial designation and the Drummondville Intensification Node, and assists in the creation of a complete community; The proposed height of 9 storeys and density of 196 units per hectare is permitted and will provide a mixture of residential unit sizes (1 and 2 bedrooms, some units with dens); The scale and massing of the proposed building, and its setbacks, are in character with adjacent properties, appropriately transitions in height and a suitable rear yard setback to the low density residential, complements the heritage character of the Node and respects the surrounding built form. The design provides a transition to the street and mitigates its mass by having suitable height stepbacks; The proposed building is oriented towards the street and provides a continuous street edge. The majority of the parking is provided within a below-grade parking structure. Surface parking is partially covered due to the building cantilevering over it and will be appropriately screened with landscaping and fencing at the rear of the property where it abuts detached dwellings; and, The commercial use at grade will provide active pedestrian-related uses along Ferry Street. 3. Zoning By-law The property is currently zoned General Commercial (GC) in accordance with Zoning By-law No. 79-200. The GC zone permits dwelling units above the ground floor and commercial uses. Page 121 of 703 5 PBD-2021-47 September 14, 2021 The changes to the standard GC regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Permitted uses In accordance with the permitted uses in the GC zone One Dwelling Unit on the Ground Floor Maximum height of building or structure 12 m 32.5 m Minimum perpendicular width of manoeuvring aisle 6.9 m 6.3 m (surface) 5.9 m (parking structure) The requested regulations can be supported for the following reasons: The proposed permitted use of one dwelling unit on the ground floor can be supported as it will be separated from the street by the intervening commercial use, ensuring that the full frontage of the building is activated and pedestrian friendly. The proposed unit is intended for the building superintendent and will be near to the building’s mechanical rooms and amenity areas. The increase in the maximum height of the building can be supported as the building height is permitted in the Official Plan. The proposed building has its greatest height in its middle portion with suitable stepbacks as it transitions towards the front and rear yards to prevent shadowing on the public realm and the abutting detached dwellings at its rear; and, The reduction to the minimum perpendicular width of manoeuvring aisles for surface parking and within the parking structure can be supported as there is not expected to be a hindrance for vehicular mobility on the site. The reduction will allow for landscaping along the perimeter of the property and facilitate more space for lockers and long-term bicycle storage within the underground parking area. 4. Holding (H) Regulation The amending by-law should include a Holding (H) regulation to secure the following matter discussed above: The filing of a Record of Site Condition with the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region. FINANCIAL IMPLICATIONS The proposed development will provide Cash-in-lieu for Parkland Dedication, Development Charges and a new tax assessment to the City. Page 122 of 703 6 PBD-2021-47 September 14, 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: Attach. S:\PDR\2021\PBD-2021-47, AM-2021-006 5756 Ferry Street.docx Page 123 of 703 7 PBD-2021-47 September 14, 2021 SCHEDULE 1 (Location Map) Page 124 of 703 8 PBD-2021-47 September 14, 2021 SCHEDULE 2 (Site Plan) Page 125 of 703 9 PBD-2021-47 September 14, 2021 SCHEDULE 3 (Elevations) Page 126 of 703 Address: 5756 Ferry Street Applicant: 2576426 Ontario Inc. Proposal: To permit a 9 storey mixed use building with 96 residential dwelling units, 461 m2 commercial use Zoning By-law Amendment Application AM-2021-006 Page 127 of 703 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Hotel Single detached dwellings Commercial Hydro Corridor City Cultural Hub & Farmers Market Page 128 of 703 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 129 of 703 A GREAT CITY…FOR GENERATIONS TO COME Elevations Page 130 of 703 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Maximum Height- 32.5 m (instead 12 m) Minimum Maneuvering Aisle- 6.3 m; 5.9 m parking structure (instead of 6.9 m)Permit Dwelling unit on Grade Floor Page 131 of 703 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested approval for a zoning by-law amendment for a 0.49 hectare (1.2 acre) parcel of land. •The zoning amendment is requested to permit the development of a 9 storey mixed-use building having 462 m2 of ground floor commercial space and 96 apartment dwelling units. •Land is designated Tourist Commercial, in part, and Residential, in part, and is within the Drummondville Intensification Node and Clifton Hill Tourist District in the Official Plan. Residential dwellings are permitted. •The subject land is zoned General Commercial (GC) zone. •Applicant is requesting the land be rezoned to a site specific GC zone, with site specific regulations to permit one residential unit on the ground floor, increase the maximum height of the building, and decrease the minimum maneuvering aisle width for surface and structure parking. Page 132 of 703 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Comments: •A letter was received from the Drummondville BIA indicating their support for the proposed re- development. It indicates that the vision of the site aligns with that of the BIA. •Emails were received that requested information on the proposed businesses, clarity on the location of landscape and garbage areas, and where shadowing from the building may occur. In addition, a business owner asked to inform residents of the nearby car wash.Page 133 of 703 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House June 29, 2021 Concerns: •Continental Inn residents expressed concerns regarding their future provision of housing, moving logistics and costs, and relocation assistance. Applicant’s Response to Concerns: •The applicant’s consultant has held meetings with Regional Housing to coordinate how best to assist residents in finding new accommodations that will meet their needs. The consultant indicated that Regional staff will have one-on-one meetings with residents to determine their housing needs and assist with location housing opportunities. •The current Continental Inn manager indicated that there are community members who would assist resident to move.Page 134 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policies •The proposed development will add to the diversity of housing options and will assist the City in meeting its intensification target within the Built-Up Area, is transit supportive and contributes to the creation of a complete community. •The compact, mixed-use development incorporates compatible employment uses to support liveable and resilient communities.Page 135 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan –Lands designated Tourist Commercial, in part, and Residential, in part within the Drummondville Intensification Node and Clifton Hill Subdistrict in the City’s Official Plan •The mixed-use development is permitted within the Tourist Commercial designation and the Drummondville Intensification Node, and assists in the creation of a complete community; •The proposed height of 9 storeys and density of 196 units per hectare is permitted and will provide a mix of residential unit sizes (1 and 2 bedrooms, some units with dens); •The scale and massing of the proposed building, and its setbacks, are in character with adjacent properties, appropriately transitions in height and a suitable rear yard setback to the low density residential, complements the heritage character of the Node and respects the surrounding built form. The design provides a transition to the street and mitigates its mass by having suitable height stepbacks;Page 136 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan –Lands designated Tourist Commercial, in part, and Residential, in part within the Drummondville Intensification Node and Clifton Hill Subdistrict in the City’s Official Plan •The proposed building is oriented towards the street and helps contribute to a continuous street edge. The majority of the parking is provided within a below-grade parking structure. Surface parking is partially covered due to the building cantilevering over it and will be appropriately screened with landscaping and fencing at the rear of the property where it abuts detached dwellings; and •The commercial use at grade provides active pedestrian-related uses along Ferry Street.Page 137 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law •The property is currently zoned General Commercial (GC) in accordance with Zoning By-law No. 79-200. The GC zone permits dwelling units above the ground floor and commercial uses. •The changes to the standard GC regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Permitted uses In accordance with the permitted uses in the GC zone One Dwelling Unit on the Ground Floor Maximum height of building or structure 12 m 32.5 m Minimum perpendicular width of manoeuvring aisle 6.9 m 6.3 m (surface) 5.9 m (parking structure)Page 138 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law •The requested regulations can be supported for the following reasons: –The proposed permitted use of one dwelling unit on the ground floor can be supported as it will be separated from the street by the intervening commercial use, ensuring that the full frontage of the building is activated and pedestrian friendly. The proposed unit is intended for the building superintendent and will be near to the building’s mechanical rooms and amenity areas. –The increase in the maximum height of the building can be supported as the building height is permitted in the Official Plan. The proposed building has its greatest height in its middle portion with suitable stepbacks as it transitions toward the front and rear yards to prevent shadowing on the public realm and the abutting detached dwellings at its rear; and –The reduction to the minimum perpendicular width of maneuvering aisles for surface parking and within the parking structure can be supported as there is not expected to be a hindrance for vehicular mobility on the site. The reduction will allow for landscaping along the perimeter of the property and facilitate more space for lockers and long-term bicycle storage within the underground parking area.Page 139 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Holding (H) Regulation •The amending by-law should include a Holding (H) regulation to secure the following matter discussed above: –The filing of a Record of Site Condition with the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region Page 140 of 703 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 GC zone permits dwelling units and commercial uses, and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties.Page 141 of 703 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By- law amendment application to rezone the lands a site specific General Commercial (GC) zone to permit a 9 storey mixed-use building with 96 residential units and 461 square metres of commercial space, subject to the regulations outlined in this report.Page 142 of 703 Hi , Further to the Notice in respect of 2576426 Ontario Inc (Alim Gurler)S756 Ferry st ,Niagara Falls for Rezoning of 96 Dwelling units .Please be advised that the 2348441 Ontario Inc / Jaswinder Singh Owner of the Mr.QuickFull Service car wash Situated 5733 Ferry st,Niagara Falls,Ontario L2G 1S8 .Which we are running this car wash from 2012 and this car wash been here more then 50 years and been running by different owners.We are putting you a notice that you must enter into agreement with the developer that car wash may create noise to the future residents or they may don’t like this operation close to there apartments.So to avoid any further complaints from the residents we want to be aware them , Thanks Regards J aswinder Singh Mr.QuickCar Wash 5733 Ferry st Niagara Falls Ontario L2G 1S8 Sent from Yahoo Mail for iPhone Page 143 of 703 : From:Chris horton Sent:July 28,2021 11:06 AM To:Julie Hannah Subject:[EXTERNAL]—Ihave saw what is going on ferry street Follow Up Flag:Follow up Flag Status:Completed Hey my name is Christopher Horton I live on Jam a renter and I understand a development is in the works for this property I was sent the info for I understand it's a high type of bussiness and I also would like to know what type of bussiness will be there at that location CAUTION:This email originated from outside ofthe organization.Do not clicklinksor open attachments unless you recognize the sender and know the content is safe.Page 144 of 703 m From:Lindawang .,....__.......u..,\._...-....u...-_. Sent:Monday,July 5,2021 10:59 AM To:Julie Hannah Subject:RE:Questions about Zoning—by-lawon Ferry Street Thank you very much for the detailed explanations!l appreciate it greatly!One more question though:lam slightly concerned about how the 9~storey building will impact/block lighting coming down onto my backyard and house.I think the developers‘representative talked about this issue during the zoom meeting last Tuesday and said that the height of the building will be the same as the length from the side of the building?This was my understanding from the zoom meeting,please correct me ifl am wrong. Thanks, Lanwei Tao From:Julie Hannah Sent:July 5,2021 10:51 AM To:LindaWang Subject:RE:Questions about Zoning—by—|awon Ferry Street Good morning Lanwei, The area of dark grey which you have indicated in red in the site plan is a landscaped area (i.e.grass)and is not proposed to be used for parking.The parking spaces are indicated on the plan (white area with the individual spaces lined in black). There is a garbage room indicated on the first floor plans. Landscaping and fencing details will be depicted on the site plan drawings (future application if the zoning is approved).l have emailed the developer's planning consultant to inquire regarding the fence—|will let you know what I hear baclc I hope you had a nice weekend—we had nice weather for it and it would have been nice if it had been longer! Julie Julie Hannah,MES,MA,MCIP,RPP |Planner 2 |Planning,Building,and Development |City of Niagara Falls 4310 Queen Slreet I Niagara Falls,ON L2E ESX5 |(905)356-7521 ext 4107 |Fax 905~356~2354 |'hannah@niagarafal|s.ca From:Linda Wang Sent:Friday,July 2,2021 4:45 PM Subject:[EXTERNAL]~Questions on Ferry StreetGoodafternoon.I am a resident on Peer Street and I have been noticed about the zoning by—lawamendment taking place on Ferry Street.I attended the remote open house on Tuesday and I still have a few questions regarding this proposed infrastructure.Firstly,l am a resident on Peer Street,so my backyard will be facing the yard of this proposed building (which I have1Page 145 of 703 highlighted in red on the image in my attachment).The red highlights show areas of dark grey with no captions or descriptions.I would like to ask is this area just a yard for the building,or is it still parking lot?If it is yard space,is this space just grass or willthere be garbage/dumpster placed in this spot?Secondly,this area is directly facing my backyard. Willthere be a high fence to separate the yard and my backyard? Thank you very much.Hope you have a nice weekend. Sincerely, Lanwei Tao CAUTION:This email originated from outside of the organization.Do not clicklinks or open attachments unless you recognize the sender and know the content is safe.Page 146 of 703 RE:Letter of support for The Continental Redevelopment Dear Mr.Gurlur The Historic DrummondvilleBusiness Improvement Area {BIA}supports the proposed Continental Hotel re-development,and will continue in the expansion of our Business Improvement Area.We believe that your properties re-development would be a great fit.You have widespread and continuing support from the local businesses and the surrounding community that is essential to the success of our Main street and Ferry Street area.as our community continues to grow. The Historic DrummondvilleBIA welcomes business and community participation in all areas of the association and supports your efforts.Overall,your vision of the The Continental aligns with the vision of the BIA and its represented members. Our organization looks forward to the next steps of your redevelopment plan. Yours sincerely 7447/ Rick Tisi Chair Page 147 of 703 PBD-2021-48 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-48 AM-2021-007, Official Plan and Zoning By-law Amendment Application 4118 Main Street and the rear of 4130 Main Street, Chippawa Applicant: 12278898 Canada Inc. (4118 Main Street, Chippawa) Fredric Jonathan Copfer and Frances McGarry (4130 Main Street, Chippawa) Agent: Better Neighbourhoods Inc. (Daniel Romanko) Conversion of an Existing 2 Storey Building to an Apartment Building with 21 units RECOMMENDATION That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to: a. permit a Special Policy Area designation in the Official Plan to allow a density of 105 units per hectare; and, b. permit a 2 storey apartment building with 21 units, subject to the regulations outlined in this report. EXECUTIVE SUMMARY 12278898 Canada Inc., Frederic Jonathan Copfer and Frances McGarry have requested an Official Plan and Zoning By-law amendment for land known as 4118 and the rear portion of 4130 Main Street, Chippawa. The applicants request the land have a Special Policy Area designation in the Official Plan to allow a density of 105 units per hectare and that the land be rezoned to a site specific Residential Apartment 5D (R5D) zone to permit the conversion of the existing 2 storey building into an apartment building. The amendments are 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 Official Plan amendment maintains a residential use and the character of the established neighbourhood. It repurposes an existing building for housing in a built form anticipated within the Built-up Area; The requested R5D zone permits an apartment building, and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties. Page 148 of 703 2 PBD-2021-48 September 14, 2021 BACKGROUND Proposal 12278898 Canada Inc., Frederic Jonathan Copfer and Frances McGarry have requested an Official Plan and Zoning By-law amendment for land known as 4118 and the rear portion of 4130 Main Street, Chippawa totalling 2,120 m2 (0.21 hectares). Refer to Schedule 1 to locate the land. The Official Plan and Zoning By-law amendments are requested to permit the conversion of the existing building into an apartment building with 21 units that has a density of 105 units per hectare. Schedule 2 shows details of the proposed development. The lands are currently zoned Institutional (I), in part, and Residential 1C Density (R1C), in part, in accordance with Zoning By-law No. 79-200. The applicants are requesting the subject lands be rezoned to a Residential Apartment 5D (R5D) zone, with site specific regulations to reduce the minimum front yard depth, reduce the minimum interior and exterior side yard widths, reduce the minimum landscaped open space, reduce the minimum perpendicular width of a manoeuvring aisle, and increase the projection of fire escapes and an unsupported canopy into the required front yard. Site Conditions and Surrounding Land Uses 4118 Main Street, Chippawa currently has a vacant two storey building that previously was used as a long-term care residence. 4130 Main Street, Chippawa currently is in use as a detached dwelling, which will be retained. To the north, east, and south are detached dwellings; and, to the west is open space land. Circulation Comments Information about the requested Official Plan and Zoning By-law amendments were 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 applications. Will provide archaeological clauses for inclusion in the Site Plan Agreement and will review proposed waste disposal at site plan stage. Building All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for spatial separation- fire protection to occur upon Building Permit(s) application. Fire, Legal, Municipal Works, Transportation Services No objections to the applications, Official Plan amendment, or requested site specific regulations. Technical review will occur at site plan stage. 2.94 m wide road widening required along Main Street, Chippawa. Page 149 of 703 3 PBD-2021-48 September 14, 2021 Neighbourhood Comments Emails were received requesting clarity on whether a portion of 4130 Main Street, Chippawa would be constructed on, how deep the 4130 Main Street, Chippawa lot will be should the severance be approved, location of visitors parking, maintenance of the Greenwood Street road allowance, if zoning had changed since it was a retirement residence, the plan for the Main Street building, how many bachelor units are in the existing and proposed plans, are additional units being constructed in the basement or are they using the covered carport area, is the zoning similar to motels on Lundy’s Lane with bachelor units, if units are rental or condominium, the target market, and if there are plans for the lands across the street that are owned by Ontario Power Generation. In response, it is proposed that the rear yard of 4130 Main Street, Chippawa will be severed and merged with 4118 Main Street, Chippawa to facilitate the site meeting its parking obligations. No construction will occur on 4130 Main Street, Chippawa. Its depth will be 31.86 m, if the severance is granted. Property owners are responsible for the grass maintenance of the Greenwood Street road allowance abutting their properties. It is not expected that visitors to the site will park on Greenwood as parking is provided on the property. The proposed plans depict in the basement 1 bachelor unit and 2 one bedroom units, on the first floor 1 bachelor unit, 5 one bedroom units, and 2 two bedroom units, and on the second floor 2 bachelor units, 6 one bedroom units, and 2 two bedroom units. The applicants’ planner has indicated the property will be rental and the preliminary rental rates may be: $1,000-1,200 for bachelor units, $1,200-1,300 for 1 bedroom units, and $1,300- 1,500 for 2 bedroom units. The proposed rental rates are affordable to those with moderate incomes in the 3rd-6th percentile, which in Niagara Falls are incomes ranging from $39,600 - $83,900, according to CMHC. Staff are unaware of any plans for the open space lands across the street that are owned by Ontario Power Generation. Neighbourhood Open House A virtual neighbourhood open house was held on July 26, 2021 and was attended by one of the applicants, the applicants’ planner, and 7 members of the public. Concerns raised included: number and size of units, structural integrity of the building, future tenants, parking lot lights and configuration of spaces, visitors parking, and density proposed. The applicants’ planner indicated that the current configuration is being utilized in the redevelopment with larger 2 bedroom units being constructed out of the previous common spaces with a total of 21 units. The building is not proposed to be expanded from its current footprint. The proposed 21 units will be market priced; however, due to their size will provide for more affordable rental opportunities to residents. There are no concerns with the structural integrity of the building. No relief for parking spaces has been sought. Visitor and resident parking needs will be met on site. The configuration of the spaces has been done in an efficient manner. Page 150 of 703 4 PBD-2021-48 September 14, 2021 If lighting is proposed, at the site plan stage the lighting plan will need to demonstrate zero trespass onto neighbouring properties prior to site plan approval. 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 development will add to the diversity of housing options by providing rental units that are affordable for moderate income households (that have incomes ranging from $39,600 - $83,900, according to CMHC), and will assist the City in meeting its intensification target within the Built-up Area; and, The recommended regulations will facilitate the redevelopment of land in a manner that minimizes the cost of supplying housing and results in compact form while maintaining appropriate levels of public health and safety. 2. Official Plan The subject lands are designated Residential in the City’s Official Plan. The Official Plan Amendment requests that a Special Policy Area designation be applied to the lands to permit a density of 105 units per hectare. A maximum density of 75 units per hectare is permitted on an arterial road that is not in proximity to a commercial area. As subject land is approximately 700 m away from Foodland, which is the nearest commercial use, it does not fall within a commercial area that would permit a density of 100 units per hectare. The proposed amendment to permit a residential development with a density of 105 units per hectare is acceptable as the proposed density will be accommodated within the existing building without exterior structural changes, the b uilt form will remain consistent and compatible with the existing neighbourhood. In addition, the proposed development provides much needed rental housing. Staff recommend the requested density of 105 units per hectare be approved. The proposed amendment complies with the intent of the Official Plan as follows: The proposed apartment use is permitted within the Residential designation and will provide Chippawa residents a greater choice of housing in terms of providing affordable rental housing for moderate income households; The adaptive reuse of the existing vacant building for an apartment building is an efficient use of the property as it prevents its unnecessary demolition or conversion to non-residential uses and will provide long-term rental housing which is in demand; The subject land is suitable for intensification as it abuts an arterial road across from open space and the proposed use is compatible with abutting properties. Page 151 of 703 5 PBD-2021-48 September 14, 2021 There is adequate municipal services and there will be no impact on the City’s transportation system; and, The character of the existing neighbourhood will be maintained as the massing of the building, height, and existing setbacks will not change. The parking will be located at the rear and interior side yard of the property. 3. Zoning By-law The property is currently zoned Institutional (I), in part, and Residential 1C Density (R1C), in part, in accordance with Zoning By-law No. 79-200. The I zone permits community uses along with a nursing home, retirement home, emergency care residence, and long term care home. The RIC zone permits a detached dwelling and accessory buildings and structures. The applicant has requested a site specific R5D zone to permit an apartment dwelling. The changes to the standard R5D regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Minimum front yard depth 7.5 m plus 13 m from centre line of original road allowance for Main Street 3.7 m plus 13 m from original centre line of Main Street, after road widening (existing) Minimum interior side yard width ½ height of building (3.05 m) 2.8 m (existing) Minimum exterior side yard width 7.5 m 6.6 m (existing) Minimum landscape open space area 45 % of the lot area 34 % of the lot area, after road widening Minimum perpendicular width of manoeuvring aisle 6.3 m 5.9 m Projection of fire escapes 1.2 m into a required side or rear yard 1.3 m into the required side yard and rear yard Projection of an unsupported canopy in a required front yard 0.45 m into required front yard 0.9 m into required front yard The requested regulations can be supported for the following reasons: The reduction to the minimum front yard depth, and minimum interior and exterior side yard widths can be supported as the building setbacks are established. No changes are proposed to the built form; The reduction to the minimum landscape open space area can be supported as there is a suitable amount of landscaping around the building and a landscape buffer is provided at the perimeter of the parking area which will buffer the parking area from abutting dwellings; Page 152 of 703 6 PBD-2021-48 September 14, 2021 The reduction to the minimum perpendicular width of manoeuvring can be supported as there is not expected to be a hindrance for vehicular mobility on the site. The reduction will allow for landscaping along the perimeter of the property; The minor increase in the projection of fire escapes can be supported as it will not create any impacts; and, The projection of an unsupported canopy in a required front yard may be supported as the canopy will provide weather protection for the Main Street Chippawa entrance and will not create any impacts. Staff recommend that the whole of the lands be required as the minimum lot area of the Residential Apartment 5D (R5D) zone and the development limited to a maximum of 21 units. This would require a consent to be obtained to sever off the rear of 4130 Main Street, Chippawa and add it to the balance of the land to ensure that the par cel can accommodate parking for the number of units. In addition, building height should be limited to 10m (32.8 ft) which is the same as the R1C zone. FINANCIAL IMPLICATIONS The proposed development will provide Cash-in-lieu for Parkland Dedication and a revised tax assessment to the City. 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 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer J.Hannah: Attach. S:\PDR\2021\PBD-2021-48, AM-2021-007 4118 Main Street & rear 4130 Main Street.docx Page 153 of 703 7 PBD-2021-48 September 14, 2021 SCHEDULE 1 (Location Map) Page 154 of 703 8 PBD-2021-48 September 14, 2021 SCHEDULE 2 (Site Plan) Page 155 of 703 Address: 4118 and the rear of 4130 Main Street Applicant: 12278898 Canada Inc. (4118 Main) & Fredric Jonathan Copfer and Frances McGarry (4130 Main) Proposal: Conversion of an existing 2 Storey Building to an Apartment Building with 21 units Official Plan & Zoning By-law Amendment Application AM-2021-007 Page 156 of 703 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Detached dwellings Park Church Page 157 of 703 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Minimum Interior Side 2.8 m (3.05 m required) Minimum Maneuvering Aisle- 5.9 m (instead of 6.9 m) Minimum Front Yard Depth 3.7 m + 13 m CL of Main (7.5 m +13 m required) Minimum Exterior Side 6.6 m (7.5 m required) Minimum Landscape Open space Area 34.5 % (45% required) Projections Fire Escape-1.3m instead of 1.2 m (exterior & interior side) Unsupported Canopy 0.9 m instead of 0.45 m (required front yard)Page 158 of 703 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested approval for an Official Plan and Zoning By-law amendment for a 0.21 hectare (0.52 acre) parcel of land. •The Official Plan and Zoning By-law amendments are requested to permit the conversion of the existing building into an apartment building with 21 units that has a density of 105 units per hectare. •The lands are currently zoned Institutional (I), in part, and Residential 1C Density (R1C), in part in accordance with Zoning By-law No. 79-200. •The applicants are requesting the subject lands be rezoned to a Residential Apartment 5D (R5D) zone, with site specific regulations to reduce the minimum front yard depth, reduce the interior and exterior side yard widths, reduce the minimum landscaped open space, reduce the minimum perpendicular width of a maneuvering aisle, and increase the projection of fire escapes and an unsupported canopy into the required front yard. •Land is designated Residential in the Official Plan. •An Official Plan Amendment is requested to permit a density of 105 units /ha. •The subject land is zoned Institutional (I) zone-4118 Main & Residential 1C Density (RIC) zone-4130 Main. •Applicant is requesting the land be rezoned to a site specific Residential Apartment 5D Density (R5D) zone. Page 159 of 703 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House July 26, 2021 Concerns: •Number and size of units •Structural integrity of the building •Future tenants •Parking lot lights and configuration of spaces •Visitor parking and density proposed.Page 160 of 703 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House Responses to Concerns: •The current configuration is being utilized in the redevelopment with larger 2 bedroom units being constructed out of the previous common spaces with a total of 21 units. •The building is not proposed to be expanded from its current footprint. •The proposed 21 units will be market priced; however, due to their size will provide for more affordable rental opportunities to residents. •There are no concerns with the structural integrity of the building. •No relief for parking spaces has been sought. •Visitor and resident parking needs will be met on site. •The configuration of the spaces has been done in an efficient manner •If lighting is proposed, at the site plan stage the lighting plan will need to demonstrate zero trespass onto neighbouring properties prior to site plan approval.Page 161 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policies •The proposed development will add to the diversity of housing options by providing rental units that are affordable for moderate income households (that have incomes ranging from $39,600 - $83,000, according to CMHC), and will assist the City in meeting its intensification target within the Built-Up Area; and, •The recommended regulations will facilitate the redevelopment of land in a manner that minimizes the cost of supplying housing and results in compact form while maintaining appropriate levels of public health and safety.Page 162 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The subject land is approximately 700 m away from Foodland, which is the closest commercial use; •The proposed amendment to permit a density of 105 units per hectare is acceptable as the proposed density will be accommodated within the existing building without exterior structural changes, the built form will remain consistent and compatible with the existing neighbourhood. •The proposed development provides much needed rental housing. Official Plan –Lands designated Residential in the City’s Official Plan •The Official Plan Amendment requests that a Special Policy Area designation be applied to the lands to permit a density of 105 units per hectare. •A maximum density of 75 units per hectare is permitted on an arterial road that is not in proximity to a commercial area.Page 163 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan –Lands designated Residential in the City’s Official Plan •The proposed amendment complies with the intent of the Official Plan as follows: •The proposed apartment use will provide residents a greater choice of housing; •The adaptive reuse of the existing vacant building is an efficient use of the property as it prevents its unnecessary demolition or conversion to non-residential uses and will provide long-term rental housing which is in demand; •The subject land is suitable for intensification as it abuts an arterial road across from open space and the proposed use is compatible with abutting properties. There is adequate municipal services and there will be no impact on the City’s transportation system; and, •The character of the existing neighbourhood will be maintained as the massing of the building, height and existing setbacks will not change. The parking will be located at the rear and interior side yard of the property.Page 164 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-Law •The property is currently zoned Institutional (I), in part, and Residential 1C Density (R1C), in part, in accordance with Zoning By-Law No. 79-200. •The I zone permits community uses along with a nursing home, retirement home, emergency care residence, and long term care home. •The RIC zone permits a detached dwelling and accessory buildings and structures. •The applicant has requested a site specific R5D zone to permit an apartment dwelling.Page 165 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-Law •The changes to the standard R5D regulations are summarized in the following table: ZONE REGULATION STANDARD REGULATION REQUESTED REGULATION Minimum front yard depth 7.5 m plus 13 m from centre line of original road allowance for Main Street 3.7 m plus 13 m from original centre line of Main Street, after road widening (existing) Minimum interior side yard width ½ height of building (3.05 m)2.8 m (existing) Minimum exterior side yard width 7.5 m 6.6 m (existing) Minimum landscape open space area 45 % of the lot area 34 % of the lot area, after road widening Minimum perpendicular width of manoeuvring aisle 6.3 m 5.9 m Projection of fire escapes 1.2 m into a required side or rear yard 1.3 m into the required side yard and rear yard Projection of an unsupported canopy in a required front yard 0.45 m into required front yard 0.9 m into required front yard Page 166 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-Law •The requested regulations can be supported for the following reasons: •The reduction to the minimum front yard depth, and minimum interior and exterior side yard widths can be supported as the building setbacks are established. No changes are proposed to be built form; •The reduction to the minimum landscape open space area can be supported as there is a suitable amount of landscaping around the building and a landscape buffer is provided at the perimeter of the parking area which will buffer the parking area from abutting dwellings; •The reduction to the minimum perpendicular width of maneuvering can be supported as there is not expected to be a hindrance for vehicular mobility on the site. The reduction will allow for landscaping along the perimeter of the property; •The minor increase in the projection of fire escapes can be supported as it will not create any impacts; and, •The projection of an unsupported canopy in a required front yard may be supported as the canopy will provide weather protection for the Main Street Chippawa entrance and will not create any impacts.Page 167 of 703 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-Law •Staff recommend that the whole of the lands be required as the minimum lot area of the Residential Apartment 5D (R5D) zone and the development limited to a maximum of 21 units. •A consent is to be obtained to sever the rear of 4130 Main Street and add it to the balance of the land to ensure that the parcel can accommodate parking for the number of units. •Building height should be limited to 10m (32.8 ft) which is the same as the R1C zone.Page 168 of 703 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 Official Plan amendment maintains a residential use and the character of the established neighbourhood. It repurposes and existing building for housing in a built form anticipated within the Built-Up Area; •The requested R5D zone permits an apartment building, and the requested and recommended regulations are appropriate to ensure the proposed development will be compatible with surrounding properties.Page 169 of 703 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to: –Permit a Special Policy Area designation in the Official Plan to allow a density of 105 units per hectare; and –Permit a 2 storey apartment building with 21 units, subject to the regulations outlined in this report.Page 170 of 703 PAUL N.KROWCHUK 3848 Main Street,Suite A Barrister &Solicitor ,Niagara Falls,ON L2G 6B2 Tel:905~29S—9995 Fax:905-295-2037 email:pklaw@bellnet.ca September 7,202] Mr.Alex Herlovitch Director of Planning City ofNiagara Falls 4310 QueenSt. Niagara Falls,ON L2136X5 Dear Mr.Herlovitch: Re:4118 Main St.and rear of413O Main St.Niagara Falls.City File AM-202l»007 I am writing to advise that I am in favour of the property at 41 18 Main St.being re-zoned Residentialto permit an apartment dwelling but I am opposed to the zoning proposal to take half of the back yard of 4 I 30 Main St.to make it a parking lot for the apartment dwelling.As such. that would also make me opposed to the increased density application for 41 18 Main St.and I feel that the current rooms layout at the property is suflicient and falls within the guidelines. Ptit simply,I cannot see how taking half ofa backyard in the middle ofa residential neighbourhood to use as a parking lot can be a good idea.It would attract crime,noise,lights, gasoline fumes,drug use,rodents and other vermin,garbage,ete.,I cannot see how this would be a good idea or good planning. I also note that the site plan provided makes no provision for a garbage dumpster and would hope the plan is not to put it back there. The idea ofcleaning up the site and making it a livable building is a very good idea and use for the property,and I approve of that,subject to my comments above. All of which is respectfully submitted.Page 171 of 703 i From:Paul Krowchuk <pklaw@bellnet.ca> Sent:July 8,2021 4:54 PM To:Julie Hannah Subject:RE:4118 and 4130 Main St City File AM~2021-007 OK,thank you.That is very helpful.My main concern was that they were going to build where that house is so l'm glad to hear they are not. Paul N.Krowchuk Paul N.Krowchuk Barrister and Solicitor 3848 Main Street Suite A Niagara Falls,Ontario L2G 6B2 Phone:9OS~29S—999S Fax:905—295~2037 This e—mai|may be privileged and/or confidential,and the sender does not waive any related rights and obligations. Any distribution,use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized.If you received this e—mai|in error,please delete it and advise Paul N.Krowchuk (by return email or otherwise)immediately. -—-—-OriginalMessage»---— From:Julie Hannah lmailtozjhannah@niagarafal|s.ca] Sent:Thursday,July 8,2021 4:49 PM To:Paul Krowchuk Subject:4118 and 4130 Main St.City File AM~2021—0O7 Hello Paul, The house at 4130 Main will remain~~they are requesting to zone a portion of the rear yard to a site specific Residential Apartment RSD zone as the land will be utilized for parking for the proposed apartment building.There will be a subsequent severance application to sever the land from 4130 Main and requiring it to merge with 4118 Main. JulieJulie Hannah,MES,MA,MCIP,RPP |Planner 2 I Planning,Building and Development I City of Niagara Falls4310QueenStreetINiagaraFalls,ON L2E 6X5 I (905)356-7521 ext 4107IFax905-356-2354 [ihannah@niagarafa|ls.caPage 172 of 703 —————OriginalMessage---- From:Paul Krowchuk <pklaw@bellnet.ca> Sent:July 8,2021 9:40 AM To:Julie Hannah <jhannah@niagarafalls.ca> Subject:RE:Zoom details:4118 and 4130 Main St.Open House City File AM—2021-O07 Thanks Julie, That site plan is a little confusing.What is planned for where the house currently sits at 4130? Paul N.Krowchuk Paul N.Krowchuk Barrister and Solicitor 3848 Main Street Suite A Niagara Falls,Ontario L2G 6B2 Phone:905—295~9995 Fax:905-295-2037 This e-mail may be privileged and/or confidential,and the sender does not waive any related rights and obligations. Any distribution,use or copying of this e~mail or the information it contains by other than an intended recipient is unauthorized.If you received this e-mail in error,please delete it and advise Paul N.Krowchuk (by return e-mail or otherwise)immediately. ——~—~OriginalMessage--——- From:Julie Hannah [mailto:jhannah@niagarafa|ls.cal Sent:Thursday,July 8,2021 8:56 AM To:Paul Krowchuk Subject:Zoom details:4118 and 4130 Main St.Open House City File AM-2021~007 Good morning Paul, l‘ve attached a copy of the site plan for you——theCity's Current Planning Applications page is being updated today so all of the material for the application (i,e.site plan and planningjustification report)will be available on—line(in the file's dropbox)by tomorrow.Thank you for letting me know it was not yet on—line. Openanyquestionsorconcerns.Thanks,JuliePage 173 of 703 Front peggy-_ Sent:August 20,2021 11:59 AM To:Ju?e Hannah Cc:Alex Herlovitch Subject:Re:[EXTERNAL]—4118Main Street,Chippawa Follow Up Flag:Follow up Flag Status:Flagged Hi Julie... Thank you for your quick response. Specifically,how many bachelor units are in the existing plan?And how many bachelor units are in the proposed plan? Is the additional space coming from the basement only?Or are they also using the covered carport area? How deep will the lot next door be,if the sale of the back portion proceeds? Is the zoning you describe similar to motels on Lundys Lane with bacehelor apartments? Regards, P9383! From:Julie Hannah Sent:Friday,August 20,2021 10:42 AM To:peggy Cc:Alex Herlovitch Subject:RE:[EXTERNAL]—4118Main Street,Chippawa Good morning Peggy, I apologize for not returning your call earlier as l had meetings all yesterday afternoon. The property is zoned Institutional (l)zone.The current application is requesting to re-zone 4118 Main Street,Chippawa,and a portion of the rear of 4130 Main Street,Chippawa to a site specific Residential Apartment 5D (R5D)zone to permit an apartment. I have attached the preliminary floor plans for the proposal for your information that depict the proposed unit configuration.There is not proposed to be an addition—changes will be made internally to the existing building. consultant has indicated potential rental rates to be:$1,000-1,200 bachelor;$1 ,200-1 300 1 bed;$1,300-1,500-2 beds.l am not aware of any changes proposed to the lands across the street.Regards,Page 174 of 703 Julie Julie Hannah,MES,MA,MCIP,RPP |Planner2 |Planning,Building,and Development |City of Niagara Falls 4310 Queen Street |Niagara Falls,ON |.2E 6X5 [(905)356-7521 ext 4107 l Fax 905656-2354 lihannah@niagarafa||s.ca From:peggy A Sent:Friday,August 20,2021 10:27 AM To:aherlovich@niagarafalls.ca Cc:Julie Hannah <jhannah@niagarafa|ls.ca> Subject:[EXTERNAL]-4118Main Street,Chippawa Hi Alex... I left a message with Julie yesterday and,since then,came across my prior correspondence re:4118 Main Street,Chippawa.Please read my prior correspondence,dating back to 2017.This building and possible uses has been a concern for some time. My questions that are unanswered are: Has the |and—use or zoning changed since this building was a retirement residence? Has the City changed it's own policies regarding single room ”apartments",in the style of Lundy’s Lane motels?And is this the plan for the Main Street building? Will the units be rentals or condos?And what would be the target market for the building? if the density is to be increased,how will this be achieved? Also,I have heard that the owners are telling perspective tenants that the land across the street is a park, which is incorrect.Are there any plans for the OPG lands that I am not aware of? Please respond to this Email,as I would like to make a written submission prior to the September 14th meeting,and require these questions to be answered to enable an informed opinion. Thank you. Peggy Erwin From:peggy Sent:Thursday,September 7,2017 11:24 AM To:tagnoletto@niagarafal|s.ca Subject:4118 Main Street,Chippawa Good morning... Would you kindly respond to the Email i sent you in earlyluly?lf I have sent this to the wrong person,please Peggy ErwinFrom:peggySent:Wednesday,July 5,2017 11:58 AMTo:tagnoletto@niagarafalls.caSubject:4118 Main Street,ChippawaPage 175 of 703 Good morning Tammy, My husband and I live across the street from 4118 Main Street,Chippawa and have some concerns about the construction under progress at the site.This building was the former Chippawa Place Retirement Residence, which evolved from a seniors home into a group home for people with mental health issues and addictions. Recently,the group home residents have vacated and now there is construction at the site.We understand that they are converting the building into tiny ”apartments". Here are my concerns and questions. Concerns: When it became a group home there were numerous incidents of residents coming onto private property, disorderly conduct,illegal conduct (drug deals),drunken displays,illicit public drug use,attempted break ins, wandering through the neighbourhood private property and parks at all hours of the night. From what we read in the paper,the building was closed clown for building building code infractions. Currently,there is construction at the site.The people doing the work live at the site.There is loud music coming from the building and front—of~building loitering,drinking and parties.We believe that this could be a continuation of the previous property use or worse. Questions: Has the land—useor zoning changed since this building was a retirement residence? if so,do neighbouring residents not normally receive notification of such a change? Have the current owners taken out the appropriate permits? What is the future plan for the use of the building? This is a quiet residential area.We would like to know what changes are being made to this building. Regards, Peggy Erwin CAUTION:This email originated from outside of the organization.Do not click linksor open attachments unless you recognize the sender and know the content is safe.Page 176 of 703 From:Ron Gauld Sent:July 19,2021 3:43 PM To:Julie Hannah Subject:Re:Zoom details~4118 Main Street Thank you Julie for the link. I have never been involved with something like this before.Is this the time to bring up parking space? It would seem if every tennant had 2 cars or additional visitors,that would mean cars would have to park on the street.I am on the corner opposite the building and there are no curbs on either side of the street.I know the city owns this property but I maintain and cut the grass.It has been frustrating to see cars,trucks and construction vehicles pull all the way off the road and have the entire Vehicle on the grass and leave ruts. Ron On Mon,Jul 19,2021 at 2:58 PM Julie Hannah <iharmah(a)niagarafalls.ca>wrote: Good afternoon Ron, The Zoom details (link and phone number)are provided below for the meeting that will begin at 5 pm this afternoon regarding 4118 Main Street. Please let me know if you have any questions, Julie Planning Department is inviting you to a scheduledZoom meeting.Join Zoom MeetingPage 177 of 703 Subject:Re~zoning Address:4118 Main St,Chippewa,Niagara Falls Dear CouncilMembers; w have mad at for many years.We are very pleased to see this property has a new owner who has good intentions for the property.It has been abandoned for many years and has been an eyesore to the neighbourhood.I would like to give my full support to the developerand ask that you provide the rezoning requested. A fewofthe reasons we supportthe project are; 1 ~The renovated and reloned buildingwill provide a pleasant first impression to our neighbourhood as it's a comer lot as you turn onto our street. 2 —ltwill provide additional tax dollars to supportthe area repairsand maintenance 3 —Theadditional apartments will provide modern residences which will allow the tenants to work nearby.A good source of employees for local businesses. 4 —-Thedeveloper has provided some details in terms oftheir plans to rejuvenate the prope rtywhich in our opinion will significantly add value to the neighbourhood 5 —Thedeveloped property is ofa scale which suits the area and the parking area will ensure good order. 6 -We think once completed the building will attract desirable tenants and improve the neighbourhood I fully supportthe development and the rezoning request. Yours truly Fred and FranPage 178 of 703 Niagara Falls, Ontario L2G 6C1 September 10, 2021 Mr. Alex Herlovich Director of Planning, City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Herlovich: Re: 4118 and 4130 Main Street, Chippawa This letter is to advise you that I am in favour of improvements to the abandoned building at 4118 Main Street, however I do have some concerns that I would appreciate you and your staff to consider and address. The building has, over time, evolved from a retirement residence, to a group home for people with mental health issues and addictions, to a construction site with various transient residents inhabiting the building and surrounding lands. I would like to stress that there were numerous incidents of residents coming onto private property, disorderly conduct, illegal conduct (drug deals), drunken displays, illicit public drug use, attempted break ins, wandering through the neighbourhood private property and parks at all hours of the night. In this new proposal, several issues are at the crux of my concerns: a) The “existing” building layout as shown on your files, was never approved by the City permit process. b) The “proposed” building changes include an even higher density than was originally proposed, or is currently allowed. c) The proposal apartments include several “bachelor” apartments, similar to motel rooms. d) There is insufficient parking for the proposed number of units. e) There are no indoor common areas. f) There is no room for outdoor tenant leisure areas. Also, will there be a responsible landlord on site? And will the building be an opportunity for short term rentals, such as Air BnB? The proposal as presented, in my opinion, would simply be a continuation of the neighbourhood nuisance that has existed in the past. The proposal would, once again, force tenants into the streets, along dark river areas or onto other private properties. This is a quiet residential area that deserves some serious consideration prior to approval. Yours truly, Peggy Erwin Page 179 of 703 1 Heather Ruzylo Subject:-4118 and 4130 main st Niagara Falls. -----Original Message----- From: wayne boyer < Sent: Friday, September 10, 2021 5:55 PM To: Alex Herlovitch <aherlovitch@niagarafalls.ca> Subject: [EXTERNAL]-4118 and 4130 main st Niagara Falls. Hi I have a few issues with these amendments My name is Wayne Boyer I own .I don’t like the idea of a parking lot behind my property That’s where they will end up putting there garbage bins and snow in the winter. Not to mention it will be an area teens will start hanging in. They are hanging out there now. I’m fine with them rebuilding but not be hind me creating a cove Thx I will try and be present via zoom Sent from my iPhone 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 180 of 703 CAO-2021-04 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2021-04 National Day for Truth and Reconciliation RECOMMENDATION THAT Report CAO 2021-04 National Day for Truth and Reconciliation be RECEIVED for information. AND THAT in recognition and support of September 30th, 2021, and the Truth and Reconciliation Commission recommended call to action (#80) to establish a national holiday, by considering this day as a “floating” paid holiday for all staff for this year. AND THAT the City promote education and awareness to all staff, on its website and various social media platforms per call to action #57. AND THAT the City lower all flags to half-staff and encourage staff to wear orange on September 30, 2021. AND THAT a budget amendment for increased compensation costs in the amount of approximately $160,000 be approved to reflect the estimated cost of this recommendation, with funding being sourced from the tax rate stabilization reserve. EXECUTIVE SUMMARY In June of this year the Federal Government declared a public holiday that applies to all federally regulated public and private employees related to a National Day for Truth and Reconciliation. Though the declaration only applies to federally regulated employees, the City of Niagara Falls wants to continue to show leadership in the truth and reconciliation process, by focusing on recognizing the day and by integrating education opportunities into our operation. This year, arguably more than any other year, residents of our City and our Country have been made aware of the importance of Indigenous issues, the need for honest Page 181 of 703 2 CAO-2021-04 September 14, 2021 discussion about our history and constructive action for our nations to move forward together. There is not a consistent approach on the treatment of this day by other municipalities and provincial government bodies. Management does understand and appreciate the significance of the day especially this year. The use of a floater day provides a platform for education on this day, allows for the continuation of services and provides greater flexibility for the corporation to manage the cost of a day off for contemplation. This approach will be implemented for September 2021 and is being provided on a without prejudice or precedent manner. Management will continue to review this issue and monitor developments and public feedback. BACKGROUND Traditionally September 30th of each year has been commemorated as Orange Shirt Day to honour Indigenous children forced to leave their families to attend residential schools and to recognize and commemorate the tragic history and ongoing legacy of residential schools to the survivors, their families and communities. On June 3rd, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) received Royal Assent. The amendment to the Canada Labour Code officially designates September 30th of each year as a federal statutory holiday, and more specifically recognizes the day as the National Day for Truth and Reconciliation. The intent of the new holiday is to provide an opportunity for each federal public servant to recognize and commemorate the legacy of residential schools. This marks a new general holiday under the Canada Labour Code. The new holiday applies to all federally regulated public and private sectors (ie. Federal public servants, banks, Canada Post, Air Canada etc.). As such, this new holiday does not apply to provincially regulated employers unless the provincial legislature makes similar amendments to the provincial employment standards legislation (ie. The Employment Standards Act (ESA)). Recently, the Ontario Municipal Human Resources Associat ion (OMHRA) received confirmation that the Ontario government has no plans to pass similar legislation in Ontario under the ESA. Consequently, the City has no legislative requirement to provide September 30th as a paid holiday. Some union partners have claimed that the language in their collective agreements establishes a right to a statutory or paid holiday. At the time of this report management is not accepting this position as a contractual right. As indicated, from a legislative point of view, there is no obligation for the City of Niagara Falls to provide this day as a holiday to its employees. However, staff have discussed and reviewed different approaches by municipalities on this issue. There are a wide range of approaches to this newly declared federal holiday. T here is not a consistent approach being demonstrated at this time. Due to the significance of this day, especially in recognition of the tragic recent findings involving residential schools, management is recommending Page 182 of 703 3 CAO-2021-04 September 14, 2021 the provision of a floating holiday to all staff. This will be offered on a without prejudice or precedent basis for this year and reviewed at a later date. ANALYSIS/RATIONALE Management’s recommended approach is to recognize th e holiday, but to provide a floating holiday to all staff in recognition of this day. The benefits to this approach are as follows: The municipality and its staff can participate on this day in events that are focused on reflection and contemplation of the legacy of residential schools as well as the 94 calls to action from the Truth and Reconciliation Commission. It is the opinion of senior staff that actively participating in and leading activities on this day is important to the meaning and purpose of the day. Staff will be able to support the efforts of drawing greater attention to the importance of this day by integrating educational and awareness items into its service delivery. This can be accomplished in a number of ways from wearing orange and offering resources and links to education online to more formal program changes for this day. Staff can in the future utilize this day for additional professional development and training on treaties and Indigenous rights, Indigenous law, Indigenous – Crown relations and other relevant topics. This professional training would be aligned with the 57th call to action from the Truth and Reconciliation Commission of Canada. If the City declared this as a statutory holiday it is most likely that due to the additional cost for overtime, a number of municipal services would be closed and the ability to provide leadership and education on the subject matter would be lost for both staff and the public. Management believes that the creation of a holiday for all staff (both union and non-union), allows for internal consistency for staff. The creation of a floating day allows for Niagara Falls to remain a competitive employer when compared to other government bodies . FINANCIAL/STAFFING/LEGAL IMPLICATIONS The cost of adding this additional holiday is estimated to be $223,000. In some cases where backfill is required there is a hard or financial cost to a holiday, in other cases where there is no backfill required, though a cash cost might be avoided there is the cost of lost service or productivity. If September 30th were treated as a statutory holiday additional overtime costs would be required to maintain operations, while many other parts of the municipality’s operations would be closed, staff estimated this cost to be $280,000. For purposes of estimating the hard, cash cost of this holiday for budgetary purposes, staff have assumed the amount of $160,000. This amount reflects the total Page 183 of 703 4 CAO-2021-04 September 14, 2021 estimated cost less non-union costs as we have made the assumption that many of these positions would not be backfilled and in that case the actual financial cost would be minimized. The floating holiday provides for greater flexibility for the corporation to manage the financial and operational impact of the holiday. There is a separate confidential companion memorandum that is provided to Council on this matter. CITY’S STRATEGIC COMMITMENT This report and recommendations are aligned with the strategic priority of Engaging and Accountable Government. LIST OF ATTACHMENTS None Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 184 of 703 CAO-2021-06 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2021-06 COVID-19 Vaccination Policy RECOMMENDATION That Council receive the following report as information pertaining to a “Proof of COVID-19 Vaccination Administrative Policy”. That Council approve Option 2 “COVID-19 Vaccination Program with Testing” as outlined in this report as the basis for the City of Niagara Falls Vaccination Policy. That Council direct staff to develop a fulsome policy and implementation plan. EXECUTIVE SUMMARY With the recent announcement of the provincial vaccine passport system, and the introduction of workplace vaccination policies in the Niagara Region and across the province, Senior Management have provided this report for City Council’s consideration. Since the beginning of the pandemic, the City of Niagara Falls has maintained an ongoing commitment to implement necessary public health measures and take preventative action to protect the health and safety of our employees and the residents we serve. This has included health screening upon entry to all City facilities, providing appropriate personal protective equipment, physical distancing requirements, frequent hand washing and hand sanitizing, enhanced cleaning in the workplace, COVID-19 signage and education, room and vehicle occupancy limits, directional floor mapping, bio-barriers and working from home arrangements where appropriate. Public Health officials advise us that vaccination is a very effective and efficient way to prevent the spread of COVID-19. Further, vaccinations have been proven to protect individuals from severe illness and hospitalization arising from COVID-19. With the increasing spread of the Delta Variant within Ontario, as our local businesses, services, schools and activities begin to reopen, it is more important than ever for City employees to Page 185 of 703 2 CAO-2021-06 September 14, 2021 be fully vaccinated to protect themselves, their co-workers and our community against the transmission of COVID-19. BACKGROUND On August 17, 2021, the Chief Medical Officer of Health for the province of Ontario issued a directive to all businesses operating in “high-risk” settings to implement a COVID-19 vaccination policy. With the intention to protect vulnerable patients, visito rs, staff and volunteers from the risk of contracting or transmitting COVID-19, this included those working in hospitals, home and community care service providers. The deadline for this policy was September 7, 2021. The City of Toronto became the first municipality in Ontario, on August 19th, to announce a new mandatory vaccination policy for all its employees. While stating the policy will also comply with its human rights obligations and duty to accommodate, Toronto employees are expected to be fully vaccinated by October 30, 2021. Since this time, many municipalities have also expressed their intention to implement vaccination policies this Fall. This has included the Niagara Region who are requiring all staff to disclose proof of their vaccination status by September 20th and be fully vaccinated by October 31, 2021. Unless there is a bona-fide medical or Human Rights exemption, regular testing is not an option for staff who do not wish to be vaccinated, this is effectively a mandatory vaccination policy. With implementation of the Ontario vaccine passport system for restaurants, indoor fitness facilities, sporting events, casinos, theatres, etc., it is clear that a workplace vaccination policy will help to also maintain the health and safety of our employees and community we serve. As a further measure to reduce the spread of COVID-19 and the Delta variant in the workplace, the City has an obligation to take all necessary and reasonable precautions to protect our employees as outlined in the Occupational Health and Safety Act, 1990. As well, we must abide by all regulatory obligations under the Ontario Human Rights Code and safeguard personal health information in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). As an employer, and the operator of many front-line services, the City of Niagara Falls has a duty to ensure we create a safe working environment. A vaccination policy will help us do this and will align the City with many other public and private sector organizations who are moving in the same direction. This policy will help to keep our workplace safe as vaccines provide a high level of protection against COVID-19, and help combat the fourth wave of this pandemic. Page 186 of 703 3 CAO-2021-06 September 14, 2021 As a result, staff are seeking direction from Council on three options for consideration: 1. Mandatory Vaccination Policy Mandatory reporting of vaccination status by September 30, 2021 Proof of full COVID-19 vaccination required and submitted to Human Resources by November 15th (ie. watermark stamped receipt issued by the Ontario Ministry of Health). Requiring all staff to be fully vaccinated consists with a full series of COVID -19 vaccines (approved by Health Canada) and having the final dose at least fourteen days prior to the above noted date. Failure to comply by this date or disclose the vaccination status would lead to disciplinary action up to and including termination. Medical exemptions of this mandatory policy would require clear medical documentation provided by a physician which outlines the reasons why the employee cannot be vaccinated against COVID-19 and the time period for the medical reason. Other bona fide Human Rights Code exemptions will be considered and appropriately accommodated where the individual can present and substantiate a valid legal justification. For those on approved exemptions (unless otherwise determined) regular testing is required (off-site) and to be paid at the employee’s cost. Verification of a negative test result twice per week (or any other interval determined by the employer) is required to work and to be paid. Information relating to an employee’s proof of vaccination and/or reasons fo r not receiving the vaccination will remain in the confidential employment file. 2. COVID-19 Vaccination Program with Testing Reporting of vaccination status by September 30, 2021 Proof of full COVID-19 vaccination is required and to be submitted to Human Resources by November 15th (ie. watermark stamped receipt issued by the Ontario Ministry of Health. Fully vaccinated consists of a full series of COVID-19 vaccines (approved by Health Canada) and having the final dose of the vaccine at least fourteen days prior to the above noted date. All employees who refuse to disclose their vaccination status and/or fail to provide Human Resources with proof of their full vaccination documentation, will be required Page 187 of 703 4 CAO-2021-06 September 14, 2021 to attend educational training on COVID-19 vaccines and be required to submit to regular COVID-19 testing. Regular testing (twice per week) will be required. The employee shall bear sole responsibility for the cost and scheduling of these off -site tests. Verification of negative test results (or any other interval determined by the employer) is required to work and to be paid. Failure to comply with these testing requirements will lead to an unpaid leave of absence and/or disciplinary action up to and including termination Bona fide Human Rights Code exemptions of these testing requirements will be considered and legally accommodated where appropriate. 3. Maintaining Status Quo Focus would be on status quo and staff education regarding the importance and effectiveness of COVID-19 vaccination. This would include reinforcement of all public health measures and safety precautions taken to date including but not limited to workplace health screening, facial coverings, personal protective equipment, physical distancing requirements, frequent hand washing, enhanced cleaning, office and vehicle occupancy limits, bio- barriers and working from home arrangements, etc. Maintaining the status quo would provide time to determine if similar vaccination policies will withstand the legal and collective agreement challenges which are anticipated elsewhere. Delaying the implementation of the vaccination policy, however, may place staff and public at risk given the expected rise of the Delta variant this fall and winter. May result in challenges with the Ministry of Labour and complaints under the Occupational Health and Safety Act that the City is not taking the necessary and reasonable health and safety precautions in the workplace. Next Steps Depending on the policy direction from Council, and/or any other new provincial government directive, staff will begin to establish, implement and ensure compliance of the COVID-19 vaccination policy and implement all the related procedures. If approved, the policy would be applied to all City staff, contractors, volunteers and students. Implementation of this policy will involve discussions with local public health officials and our respective union leaders. A review on this matter will also be conducted on the related actions taken by other municipalities in the province of Ontario. Page 188 of 703 5 CAO-2021-06 September 14, 2021 FINANCIAL IMPLICATIONS/BUDGET IMPACT We currently do not believe there is a material financial impact to the municipality related to the recommendation. CITY’S STRATEGIC COMMITMENT Under the City’s Strategic Plan (2019 – 2022), this policy direction is consistent with the Council’s strategic priorities to foster “accountable” government and supporting a safe, heathy and liveable community. Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 189 of 703 L-2021-17 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2021-17 Declare Surplus Lands and Sale 8196 Cummington Square West Chippawa Town Hall Our File No. 2021-94 RECOMMENDATION 1. That in the event Council determines that it is in the public interest to do so, Council declare 8196 Cummington Square West (hereinafter referred to as the “Subject Lands”), as outlined in yellow on Schedule “A”, as surplus to the City’s needs and pass the by-law on today’s agenda for that purpose. 2. That the City proceed with the listing of the property for sale under a listing agreement with Remax Niagara Realty Ltd., Brokerage. 3. That the Mayor and City Clerk and Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendations 1 and 2. EXECUTIVE SUMMARY Description: Part J. Flett Lot (aka Lot 101) w/s Cummington Square, Plan 251 Village of Chippawa, Parts 2 & 3, 59R-908; s/t & t/w AA60430; City of Niagara Falls being all of PIN 64255 -0096 (LT) Total Area: Approximately 2,202.62 sq. ft. Zoning: General Commercial Type of Property: Vacant – Chippawa Town Hall Location: 8196 Cummington Square West Page 190 of 703 2 L-2021-17 September 14, 2021 Special Considerations: The property was designated to be of cultural heritage value and significance by By-Law No. 83-280, as amended by By- Law No. 2014-99. BACKGROUND This Report is supplemental to In-Camera Report R&C-2021-06, wherein Council moved forward with the recommendation to declare the Subject Lands surplus and directed staff to sell the property through a listing with a real estate broker. The City does not have an operational need to retain this property. The Property is a designated heritage building under the Ontario Heritage Act by By-law 83-280 and updated by By-law 2014-99. As a designated heritage property, the new owner would have to protect the exterior heritage attributes of the building. The interior is not designated and can be renovated. The heritage designation is registered on title and runs with the land and binds successors in title. The property is zoned General Commercial, which permits a wide range of businesses, retail, office and service uses, as well as residential opportunities on the second floor. Public notice of the declaration of surplus of the Subject Lands was given in the August 20 and 21, 2021 issue of the Niagara Falls Review in accordance with the City’s By-law No. 2003-02. FINANCIAL IMPLICATIONS In the event that the Subject Lands are sold at its appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will immediately start generating tax revenue, and, the City will be no longer be responsible for the costs relating to maintenance of the Subject Lands. CITY’S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council’s commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well-planned City. ATTACHMENTS Attachment “A” – Location Map Attachment “B” – Picture of Subject Lands Recommended by: Page 191 of 703 3 L-2021-17 September 14, 2021 Kathy Moldenhauer, Director of Recreation and Culture Recommended by: Ed Lustig, Acting City Solicitor Respectfully submitted: Jason Burgess, Chief Administrative Officer Attachments Page 192 of 703 4 L-2021-17 September 14, 2021 ATTACHMENT “A” LOCATION MAP Page 193 of 703 5 L-2021-17 September 14, 2021 ATTACHMENT “B” PICTURE OF SUBJECT LANDS Page 194 of 703 Niagara Falls (Chippawa) Ontario,i September 9,2021 Chippawa Town Hall Mayor and City Council lam writing in regards to the potential sale of the Chippawa Town Hall.I know that a great number of residents and past residents and friends hope that you will vote against this sale.There is an opportunity here to what so many other areas across Ontario and the World do with their cherished Heritage Buildings. As you are more than aware the Chippawa Town Hall came into existence in 1842 making it a 180 years old. It can be seen on the following webpages Canada's Historic Buildings webpage https://www.historicplaces.ca[en/rep—reg/placealieu.aspx?id=9750 1000 Towns of Canada https2//www.10O0towns.ca/town—ha|l-bui|ding/ Niagara Falls Library Then and Now https://150.niagarafallsheritage.ca/detai|s?|D=8 GuideTags https://www.guidetagscom/mindmaps/explore/niagara—fa|ls—then—and~now/4087-chippawa~town—hall» peterson—community—workshop flickr https://www.flickr.com/photos/cmhpictures[36628015461 Heritage Trust This is a PDF of the document(s)that were signed by the City and the Trust in 2014 https://www.heritagetruston.ca/fr/oha/details/file?id=4717 It seems odd that after all the replacement of the large glass plate windows that the building has sat empty.It is my understanding that a woman was giving art classes here,but became ill and did not continue.Was there any effort by Recreation and Culture to reinstitute anything in the building at all? So solutions and opportunity -Allow it to become the Chippawa Museum There is a desire for this.The building would he volunteered and high school students in Chippawa who are in need of Community Services hrs could benefit from this (assuming that these hours would be deemed acceptable from the school boards) 0 Form a Town Hall committee Their role would be to fundraise for the necessary needs to address issues of structure etc.They would also brainstorm ideas for events utilizing the building as a hub. 0 Events such as Story hours for young children about Chippawa and the surrounding area. Art classes again for all ages. Spirit Walks and historical walks (I am involved with the St Catharines Museum Guided Spirit Walk.It is always a sellout) 0 Art displays etc. And any number of other things could be done with the Town Hall being the Centre. And I can think of nothing better that a Historic Christmas being done in the building with a Carol Sing in Cummington Square. The City can also apply for a grant through the National Trust of Canada https://archive.nationaltrustcanada.ca/issues—campaigns/financia|—incentives/municipal/grants Some Chippawa residents have ancestors that predate the Town Hall including my 4"‘Great Grandfather who died here in1826.Other families go back many generations.I myself have lived here for 43 years and there are people on my streetthatgobackevenfurther.50 PLEASE keep the Chippawa Town Hall.Prove that Niagara Falls believes in its history.Thank you for your time and attentionStanleeHickeyPage 195 of 703 L-2021-18 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2021-18 2285045 Ontario Inc. Conveyance of Part Road Allowance between Lots 4 & 5, Concession Broken Front, Crowland, being Part 1 on 59R-13238 Our File No. 2021-112 RECOMMENDATIONS: 1. That if Council agrees, the City accept the transfer of lands, namely, Part Road Allowance between Lots 4 & 5, Concession Broken Front, Crowland, being Part 1 on 59R-13238, from 2285045 Ontario Inc., for nominal consideration, free and clear of any encumbrances, for future road purposes on the condition that prior to the transfer of lands 2285045 Ontario Inc. closes the intersection of the private road at Biggar Road with physical barriers (specifically OPSD 911.140 Jersey Traffic Barriers) and applicable signage until it is improved as part of future developments. 2. That the City Solicitor, or in his absence, the Chief Administrative Officer, or his designate, is authorized to execute all documentation and take whatever steps necessary to carry out and complete the Transfer of Part Road Allowance between Lots 4 & 5, Concession Broken Front, Crowland, being Part 1 on 59R-13238, from 2285045 Ontario Inc. to the City. BACKGROUND The City has received a request from 2285045 Ontario Inc. (the “Owner”), the owner of lands legally described as Part Road Allowance between Lots 4 & 5, Concession Broken Front, Crowland, being Part 1 on 59R-13238 (the “Lands”), to transfer the Lands to the City. See PIN Map attached as Schedule A. The Owner has indicated that this conveyance will be provided to the City for a future public highway to be constructed at the Developer’s expense and to the City’s satisfaction. The conveyance will be transferred free and clear of any encumbrances for nominal consideration. Page 196 of 703 L-2021-18 September 14, 2021 CIRCULATION COMMENTS Information about the request to accept the transfer of lands from 2285045 Ontario Inc. was circulated to City departments for comment. The following summarizes the comments received to date: Fire Services No objections or concerns. Planning Department No objections to acquiring this parcel. The future road would be consistent and coincide with the road layout shown in the Grand Niagara Secondary Plan. It can be supported by Planning. Municipal Works Acquisition of these lands for municipal roadway purposes prior to the improvements by the developer identified in the Grand Niagara Secondary Plan is not recommended. In its present condition, the private roadway is substandard to be considered a municipal road and it presents itself as a significant liability to the City. It is understood that the intention of this proposed transfer is to provide a severance between other lands located on either side of the former roadway. Should there be a strong desire to proceed in this matter, Municipal Works recommends the following condition: 1. The private roadway be permanently closed at the intersection of Biggar Road with physical barriers (specifically OPSD 911.140 Jersey Traffic Barriers) and applicable signage until improved as part of future developments. Transportation Services No objections or concerns. FINANCIAL IMPLICATIONS If the City accepts the transfer of the Lands, the City would be acquiring a tangible capital asset that would be recorded on the financial statements in the period which the property is acquired. Additionally, any annual operating/maintenance expenses incurred as a result of the acquisition of the Lands should be reflected in future operating budgets. Taxes would no longer be payable on the parcel by the Owner. Page 197 of 703 L-2021-18 September 14, 2021 CITY’S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council’s commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well -planned City. ATTACHMENTS Schedule “A” – PIN Map of the Lands Schedule “B” – Aerial Map of the Lands and surrounding properties Recommended by: Ed Lustig, Acting City Solicitor Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 198 of 703 L-2021-18 September 14, 2021 Schedule “A” PIN Map of the Donation lands Page 199 of 703 L-2021-18 September 14, 2021 Schedule “B” Aerial Map of the Lands and Surrounding Properties Page 200 of 703 MW-2021-54 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2021-54 Addition of Historical Stained Glass Window Features to the Holocaust Memorial at Lundy’s Lane Cemetery RECOMMENDATION 1. That Council receives this report for information regarding the installation of historical stained glass windows, being incorporated into the existing Holocaust Memorial at Lundy’s Lane Cemetery; and further, 2. That funding to complete the required foundations, interlocking pathway, circular pads, and associated beautification (i.e. adjacent gardens), and matching that already committed by the Board of the Synagogue, be included in the 2022 Capital Budget deliberations. EXECUTIVE SUMMARY The City of Niagara Falls administers, operates and maintains twenty cemeteries and one historical indoor columbarium within its boundaries. Fairview and Lundy’s Lane Cemeteries are the largest and most active cemeteries, not only with respect to interments, but also through visitors, recreational users and community groups. Both Cemeteries are filled with rich stories and connections with community and history, and have equally been noted as some of Southern Ontario’s most beautiful and well maintained cemeteries. In 1998, the Jewish Community, working with the City of Niagara Falls Parks and Cemetery Staff, designed and installed the Holocaust Memorial. In 2021, following the closure of the Synagogue, the Jewish Community once again reached out to the City to investigate options and locations for the installation of historical stained glass windows, removed from the Synagogue. All involved agreed, adding these historical features to the Holocaust Memorial, located in the Jewish Burial Section of Lundy’s Lane Cemetery, would serve as an ideal opportunity to commemorate the rich heritage and history of the City’s Jewish Community. Page 201 of 703 2 MW-2021-54 September 14, 2021 The stained glass features are being designed and constructed by Kyber Columbarium Inc., the City's current columbarium provider. They have been designed using granite and bulletproof/hurricane proof glass to protect the historical stained glass windows, and incorporate a solar-tube dome to allow light to illuminate the stained glass windows from within the structure. While the stained glass memorial features are already in the process of being created; the proposed installation and unveiling of the memorial features and associated landscaping is scheduled for May 2022 as part of Canadian Jewish Heritage Month. BACKGROUND / HISTORY The Niagara Falls Jewish community began in 1918 when a group of Jewish immigrants purchased an old house to use as their first synagogue. In 1922, the synagogue was established as “B’nai Yankev” with official papers prepared and signed by the founding members Myer Salit, Louis Wertman, Sam Greenspan, Hyman Ornstein and Harry Kamisky. Myer Salit and Jacob Rosberg together donated the first Torah. In the spring of 1928, the community considered either renovating or replacing its current building. By 1936, the original synagogue building was no longer able to accommodate the growing community, which then numbered some 30 families. The old building was torn down in that year and a new building constructed in its place. The new building was completed in 1937. In 1957, an extensive addition to the building was completed that included an extension of the sanctuary and the creation of a classroom/rabbi’s study on the main floor along with and full kitchen in the basement. At that time, the name of the synagogue/Congregation was changed to B’Nai Jacob. Nathan Liberman, B’Nai Jacob’s longest-serving rabbi, arrived via Toronto in 1975. He came from Warsaw, Poland after the war. He had lost most of his family during the Holocaust and came to Canada in 1949, working in Montreal for many years. Rabbi Liberman was very involved in the renewal of the synagogue shortly after his arrival. During the late 1970s, he participated in a project involving the creation of a series of seven stained glass windows for the sanctuary, which were crafted by American artist Ira Ginsburg, who was at that time, living in Toronto. In 1999, the decision was made to initiate talks with the Reform congregation in St. Catharines, Temple Tikvah, to amalgamate the two congregations in order to boost membership for both groups. The new merged synagogue continued to use the former B’nai Jacob synagogue building as its home and was renamed Congregation B’nai Tikvah. Since then, while there had been a strong congregation in the mid-2000s, migration of the younger generation of members to Toronto and other larger communities resulted in a decline in attendance. In addition, the condition of the building also declined. After Page 202 of 703 3 MW-2021-54 September 14, 2021 several years of discussion, in 2019, the Board of Directors, with the support of the membership, decided to sell the building and continue Congregation B’nai Tikvah in rented space. Leading up to the closing date of the sale, decommissioning of the building included the preservation of the stained glass windows and memorial boards (which includes almost 200 plaques commemorating past members and their families), as well as other Jewish artifacts. The building transferred to the new owner in November of 2020. After much discussion, in recognition of the synagogue building history, it was decided to transfer the stained glass windows and memorial plaques to the Holocaust Memorial, located in the Synagogue’s area of Lundy’s Lane Cemetery. It seemed appropriate that the legacy of such a strong Jewish community be commemorated in a solemn location adjacent to the current Holocaust Memorial built in 1998. Congregation B’nai Tikvah is currently working with City staff and Kyber Columbarium Inc. to produce two structures that will display six of the seven stained glass windows and all memorial plaques in a decorative manner for members and historians to view. The seventh stained glass window will be on loan to the Niagara Falls Museum for display. The proposed installation and unveiling of the stained glass memorial features is proposed for May 2022 as part of Canadian Jewish Heritage Month. In this month, as per the Canadian Jewish Heritage Month Act, the Parliament of Canada recognizes the important contributions that Jewish Canadians have made to Canada’s social, economic, political and cultural fabric. Canadian Jewish Heritage Month provides an opportunity to remember, celebrate and educate future generations about the inspirational role that Jewish Canadians have played and continue to play in communities across the country. ANALYSIS/RATIONALE Niagara Falls Cemeteries serve as the final resting place to many of the pioneers and namesakes of our City’s history. Whether through memorialization (i.e. monuments, etc.), plaques or signage, it is important that we acknowledge and commemorate their roles. The historical stained glass windows, preserved following the sale of the City’s synagogue, serve as beautiful reminders of the heritage and history of the Jewish Community in Niagara Falls. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff have received confirmation of funding in the amount of $50,000 from the Synagogue Board of Directors for the supply and installation of the memorial features. The balance of site preparation, beautification and memorials, totalling approximately $50,000 are recommended to be included in the 2022 Capital Budget for future deliberation and approval. A more detailed breakdown is shown in the following table. Page 203 of 703 4 MW-2021-54 September 14, 2021 Holocaust Memorial Project Budget Breakdown Item / Task Anticipated Cost Funding Source Supply & Installation of the Memorial Features (i.e. granite structures housing stained glass windows) $50,000 Synagogue Board of Directors (confirmed) Supply & installation of required foundations $10,000 City of Niagara Falls 2022 Capital Budget Supply & installation of landscaping (i.e. interlocking pathway, pads and surrounding garden beds) $35,000 City of Niagara Falls 2022 Capital Budget Supply & installation of new memorial and recognition plaques $5,000 City of Niagara Falls 2022 Capital Budget CITY’S STRATEGIC COMMITMENT The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Through public art, the City can stimulate a sense of pride and commitment from residents and visitors to the City of Niagara Falls. Implementation of the above noted projects meets the intent of Council’s Strategic Priorities by implementing the City’s Strategic Plan to provide exceptional Customer Service. LIST OF ATTACHMENTS 1. Proposed Design Concept of Stained Glass and Memorial Plaque Features to Holocaust Memorial; and 2. Photos of Stained Glass Windows Prior to Removal. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Richardson Page 204 of 703 SITE BOUNDARY SITE BOUNDARY SITE BOUNDARYSCALE 1:100 0 1 2 4m SCALE DRAWING NO. LAYOUT PLAN DRAWING TITLE PROPOSED HOLOCAUST MEMORIAL IMPROVEMENTS PROJECT NAME 7489 LUNDY'S LANE PROJECT ADDRESS NIAGARA FALLS, ON L2H 1K7 LEGEND -EXISTING HOLOCAUST STATUES -PROPOSED STAINED-GLASS STATUES -EXISTING TREE L1SCALE 1:100 0 1 2 4m N TRUE NORTH CONCEPT 1 ADJUSTED GARDEN BED WITH ENHANCED NEW PLANTING Page 205 of 703 Page 206 of 703 Page 207 of 703 Page 208 of 703 Page 209 of 703 Page 210 of 703 Page 211 of 703 Page 212 of 703 Page 213 of 703 Page 214 of 703 '56- F -qyi ’\h.»?{J17 Hl...a.|I.._.|.I£«zI £3A~':f1.:4 Page 215 of 703 Page 216 of 703 C.ovxgjre*.Qc_jotion ad.Tikvah 13$?LOCRHQTEZDrive,SE.Cattkarihes,Ontario L2T 1004- To:Niagara Falls City Council Date:September 10,2021 Re:Congregation B’nai Tikvah Building Legacy Project The Congregation B’nai Tikvah (CBT)building,originally constructed in 1937 on Ferry Street,had a strong presence in the Niagara Falls community.The Synagogue building contained many Jewish artifacts,including seven large stained glass windows (commissioned in the late 1970s),and two Memorial Boards (containing almost 200 memorial plaques of past members and their families).After many years of condition decline,in 2019,the CBT Board of Directors,with the support of the membership,decided to sell the building and continue Congregation B’nai Tikvah in rented space. Leading up to the closing date of the sale,decommissioning of the building included the removal and storage ofthe stained glass windows and memorial boards.The building transferred to the new owner in November of 2020. In the fall of 2020,Congregation B’nai Tikvah contacted City staff (Mark Richardson),to discuss the concept of moving the stained glass windows and memorial boards to the CBT portion ofthe Lundy’s Lane Cemetery.Since then,Mark and his team have provided ongoing support and guidance and have continuously worked with CBT to develop a landscape plan forthis endeavour.In addition,Mark provided assistance in identifying various companies to construct the monuments to display these key artifacts, considering that the ?nal design and placement ofthe structures needed to meet cemetery requirements and approval of the City. In recent weeks,with ongoing discussion and support from Mark,CBT has entered into a contract with Kyber Columbarium and Consulting to design,construct and install two structures that will be strategically located within the current Holocaust Memorial at the cemetery.Mark and his team have developed a revitalized landscape plan that will,when completed,be an attractive historical tribute to Congregation B’nai Tikvah’s previous building and also be a place that CBT members and their families can pay their respects to the past.It will also be a showpiece for future historians exploring the history of the Jewish community in Niagara Region,Ontario and Canada. This project had been a true partnership between Congregation B’nai Tikvah and the City to preserve the history of our past Synagogue building.CBT has dedicated funds to cover the cost ofthe design, construction and installation of the two structures,while the City has,to date,contributed technical and engineering support to the project.It is anticipated that the City will coverthe cost ofthe required physical modifications of the grounds to accept and host these two structures.It is through this ongoing partnership that this project will be completed by the target date ofApril 27,2022 (Yom Hashoah -Israel Holocaust Memorial Day). On behalf of Congregation B’nai Tikvah,it is respectfully requested that City Council approve the continued technical support from City staff along with the budgetary allocations to provide the necessary modi?cations to the grounds at the Lundy’s Lane Cemetery to complete this historical project. Sincerely, .,~».- ,«,.»;‘’ H,“» g .=/.5» V ,. ’"'i 1.,"'.» '._..»W»‘_,x‘'’ _.,_,J,,-i’,/_,v";r f P .r‘ I "'A‘"?’gm-cf.» ’:‘—-¢:»>~‘i”, BO b MU II8 President,Congregation B’naiTikvah Page 217 of 703 MW-2021-59 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-59 Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Gas RECOMMENDATION 1. That Council adopt the attached Resolution with respect to adopting the new By-Law and Franchise Agreement with Enbridge Gas Inc.; and further, 2. That Council give the attached By-Law First and Second Reading, and further, 3. That Council authorize the Mayor and City Clerk to execute 4 (four) copies of the Resolution, which are to be returned to Enbridge Gas along with 4 copies of the By- Law and Franchise Agreement. EXECUTIVE SUMMARY The City’s current Franchise Agreement with Enbridge Gas Inc. is due to expire in early 2022. Enbridge has approached City staff to renew the Agreement for a further 20 years. The proposed new Agreement is similar to the current Agreement, and is consistent with most Ontario Municipalities. The new Agreement requires review and approval by the Ontario Energy Board which requires a Resolution from Council directing Enbridge to apply for the approval. Additionally, the By-Law and attached Agreement require a first and second reading at this time. BACKGROUND The City of Niagara Falls currently has a Franchise Agreement in place with Enbridge Gas Inc. (dated March 18th, 2002 and included as Attachment 2) that grants Enbridge permission to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality. This Agreement has a duration of 20 years and is due to expire in 2022. Enbridge has approached the City with respect to renewing the Franchise Agreement and provided detailed instructions on the process required in order to do so (see Attachment 1, which includes a detailed checklist). The new Model Franchise Agreement (included as Attachment 5) is nearly identical to the 2002 Agreement, and any requested changes to the Model Agreement would need to be Page 218 of 703 2 MW-2021-59 September 14, 2021 reviewed and approved through the Ontario Energy Board and would involve a protracted process. The Model Franchise Agreement is also followed by every Municipality in Ontario that is serviced by Enbridge Gas. As such it is Staff’s opinion that the Agreement has served the City well in the past and does not require any revision as presented. In discussions with Enbridge staff it was indicated that there may be opportunities through the revisions of the City’s Municipal Consent process to make minor adjustments to the review and approval process for Enbridge activities within the City in order to better protect our interests. ANALYSIS/RATIONALE The Franchise Agreement Renewal process is proscriptive in nature as laid out in the attached guidelines (Attachment 1). In summary the steps required are as follows: 1. The City passes a Resolution (included as Attachment 3) adopting the Draft By- Law (included as Attachment 4) and Franchise Agreement (included as Attachment 5). 2. The By-Law is given two readings and the Resolution is to be executed by the Mayor and City Clerk. 3. Four (4) copies of the executed Resolution along with Four (4) copies of the By- Law and Franchise Agreement are returned to Enbridge Gas Inc. 4. Upon receipt of these documents, Enbridge will make an application for approval of the Franchise Agreement to the Ontario Energy Board. 5. Upon issuance of the Order and Decision of the Ontario Energy Board with respect to the Franchise Agreement approval application, Enbridge will return Four (4) copies of the approved By-Law and Franchise Agreement for execution by the Municipality. 6. The City gives the By-Law a Third and Final Reading and the Agreement can be executed. The attached guidelines provide additional details on the specific items and protocols involved in the review and approval process. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed new Agreement is similar to the current Agreement and thus there is no anticipated adverse Financial, Staffing or Legal implications associated with accepting the new Agreement. Cost sharing arrangements on any future Enbridge projects will continue as they have under the current Agreement. CITY’S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council’s Strategic Priority to establish infrastructure sustainability within the City. Page 219 of 703 3 MW-2021-59 September 14, 2021 LIST OF ATTACHMENTS 1. Guidelines to Municipalities Respecting Renewal of Franchise Agreements with Enbridge Gas 2. Bylaw 2002-052 and Franchise Agreement - Niagara Falls (March 18, 2002) 3. Draft Resolution - City of Niagara Falls 4. Draft Bylaw - City of Niagara Falls 5. Model Franchise Agreement - Niagara Falls (EGD) Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer Kent Schachowskoj Page 220 of 703 GUIDELINES TO MUNICIPALITIES RESPECTING THE RENEWAL OF FRANCHISE AGREEMENTS WITH ENBRIDGE GAS INC. Enclosed is the following package of documents: (a) Draft Resolution of the municipality; (b) Draft By-Law of the municipality; and (c) 2000 Model Franchise Agreement with Enbridge Gas Inc. PLEASE READ THE FOLLOWING GUIDELINES AND FOLLOW STEPS IN ORDER 1. The draft By-law supplied in this package is designed to repeal any existing by-laws to allow the operation of a new by-law. Although Enbridge Gas uses its best efforts to check its records for by-law repeal, please advise us if there are other by-laws that the municipality is aware of that should also be repealed. Please create an official By-law document for execution purposes. 2. The By-law should be reviewed and given First and Second reading ONLY. Third and Final reading SHOULD NOT be performed until Enbridge Gas applies for and is in receipt of a Decision and Order from the Ontario Energy Board. The dates of the first and second readings are to be identified on the By-law by the municipality. 3. Having given the By-law first and second readings, representatives (Mayor and Municipal Clerk) for the municipality should execute (i.e. sign and seal) four copies of the Resolution. DO NOT SIGN OR DATE THE FRANCHISE AGREEMENT AND DO NOT SIGN THE BY-LAW AT THIS TIME. The FOUR executed (i.e., signed and sealed) copies of the Resolution as well as the copies of the By-law and Franchise Agreement should be returned to Enbridge Gas. 4. Upon Enbridge Gas’ receipt of the documentation from the municipality, an application will be forwarded to the Ontario Energy Board for approval of the franchise agreement. 5. Notice of Enbridge Gas’ application to the Ontario Energy Board for approval of the franchise agreement will be published in a local newspaper. 6. Upon receipt of a Decision and Order from the Ontario Energy Board, Enbridge Gas will follow the directions from the OEB as set out its Letter of Direction (i.e., directions as to service and publication of the Decision and Order). Enbridge Gas will then return to the municipality the four copies of the By-law and the Franchise Agreement for final approval and execution. 7. At this time the municipality will be directed to insert the date of the OEB Decision and Order into the 2nd paragraph of the By-law. The By-law should be given THIRD and FINAL reading. The date of the third and final reading of the By-law will be the effective date of the Franchise Agreement. 8. Upon this third and final reading, the municipality should return four fully executed (signed and sealed) By-Laws and four fully executed (signed and sealed) Franchise Agreements to Enbridge Gas. 9. Upon receipt of the documents, Enbridge Gas will sign and seal all four original Franchise Agreements and return one fully executed Franchise Agreement with a By-law to the Municipality and to the Ontario Energy Board and will retain the balance for its files. Kindly refer to the attached “Task List” for your reference and ease in completing the Franchise Agreement renewal process. We thank you for your co-operation with this process. Page 221 of 703 CHECK LIST FOR COMPLETING FRANCHISE AGREEMENT Task # Task Task Complete 1 Municipality receives Franchise Agreement package from Enbridge Gas 2 Municipality creates official By-law for execution purposes – 4 originals required 3 Municipality creates official Resolution for execution purposes – 4 originals required 4 Municipality gives First & Second Reading to By-law and inserts dates of these 2 readings in the By-law document 5 Municipality executes 4 original Resolution documents 6 Municipality sends 4 original executed Resolution documents with 4 By-law and 4 Franchise Agreement documents to Enbridge Gas 7 Municipality awaits for return of documents once Enbridge Gas applies to the OEB and receives the OEB’s Order & Decision 8 The OEB will publish a Notice related to the application in a local newspaper. 9 Enbridge Gas receives Decision and Order from the OEB and follows directions as to service and publication. 10 Municipality receives Decision and Order of OEB along with Franchise Agreement renewal documentation from Enbridge Gas 11 Municipality inserts date of OEB Decision and Order into all four By-law documents (2nd paragraph AND WHEREAS...) 12 Municipality gives Third & Final Reading to By-Law and inserts date into all four By- law documents 13 Municipality fully executes (signs and seals) all four originals of the By-law 14 Municipality inserts date of Third and Final Reading into the Franchise Agreement (top of first page) as the date of the agreement 15 Municipality fully executes (sign and seals) all four originals of the Franchise Agreement 16 Municipality forwards all four fully executed By-laws and Franchise Agreements to Enbridge Gas for execution 17 Enbridge Gas executes the Franchise Agreement 18 Enbridge Gas provides one fully executed Franchise Agreement and By-law to the OEB, the Municipality and retains 2 copies for its files 19 Municipality receives its copy of the fully executed By-law and Franchise Agreement for its records Page 222 of 703 CITY OF NIAGARA FALLS By-law No. 2002 -052 A by-law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and The Consumers' Gas Company Ltd. WHEREAS the Council of The Corporation deems it expedient to enter into the attached franchise agreement with The Consumers' Gas Company Ltd.; AND WHEREAS the Ontario Energy Board by its Order issued pursuant to the Municipal Franchises Act on the 19th day of February, 2002 has approved the terms and conditions upon which and the period for which the franchise provided for in the attached agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By- law is not necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the attached franchise agreement between The Corporation and The Consumers' Gas Company Ltd. is hereby authorized and the franchise provided for therein is hereby granted. 2. That the Clerk and the Mayor are hereby authorized and instructed on behalf of the Corporation to enter into and execute under its corporate seal and deliver the aforesaid agreement, which agreement is hereby incorporated into and shall form part of this By-law. 3. That By-law 1979-148, referred to in Schedule "A" annexed hereto and forming part of this By-law is hereby repealed insofar as it applies to any area within the present geographic limits of the Corporation. 4. That the rights given and granted by virtue of the attached franchise agreement shall be for a term of 20 years from the date of final passing of this By-law. Passed this eighteenth day of March, 2002. First Reading: Second Reading: Third Reading: March 18th, 2002. March 18th, 2002. March 18 1\ 2002. WAYNE THOMSON, MAYOR . Page 223 of 703 .. Model Franchise Agreement THIS AGREEMENT effective this 18th day of March , 2002 BETWEEN: The Corporation of the City of Niagara Falls hereinafter called the "Corporation" -and - The Consumers' Gas Company Ltd. hereinafter called the "Gas Company" WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement; AND WHEREAS by by-law passed by the Council of the Corporation (the "By- law"), the duly authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation; THEREFORE the Corporation and the Gas Company agree as follows: Part I -Definitions 1. In this Agreement: a. "decommissioned" and "decommissions" when used in connection with parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term 'abandoned' pipeline for the purposes of the Assessment Act; b. "Engineer/Road Superintendent" means the most senior individual employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation; c. "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane-air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline; d. "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment -1 - Page 224 of 703 as the Gas Company may require or deem desirable for the distribution, storage and transmission of gas in or through the Municipality; e. "highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation; f. "Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the Municipal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board; g. "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the jurisdiction of the Corporation; h. "Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the Gas Company with the Engineer/Road Superintendent prior to commencement of work on the gas system; and i. whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires. Part II -Rights Granted 2. To provide gas service: The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality. 3. To Use Highways. Subject to the terms and conditions of this Agreement the consent of the corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and -2 - Page 225 of 703 repair a gas system for the distribution, storage and transmission of gas in and through the Municipality. 4. Duration of Agreement and Renewal Procedures. a. If the Corporation has previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20- year term this agreement, the Model Franchise Agreement is changed, then on the 7th anniversary and on the 14th anniversary of the date of the passing of the By-law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20-year term. b. At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as may be agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act. Part Ill -Conditions 5. Approval of Construction a. The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefor has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction. b. Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy. -3 - Page 226 of 703 c. The Plan filed by the Gas Company shall include geodetic information for a particular location: i. where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or ii. when requested, where the Corporation has geodetic information for its own services and all others at the same location. d. The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies. e. Prior to the commencement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work. f. In addition to the requirements of this Agreement, if the Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter into a separate agreement as a condition of the approval of this part of the construction of the gas system. g. Where the gas system may affect a municipal drain, the Gas Company shall also file a copy of the Plan with the Corporation's Drainage Superintendent for purposes of the Drainage Act, or such other person designated by the Corporation as responsible for the drain. h. The Gas Company shall not deviate from the approved location for any part of the gas system unless the prior approval of the Engineer/Road Superintendent to do so is received. i. The Engineer/Road Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld. j. The approval of the Engineer/Road Superintendent is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system. -4- Page 227 of 703 6. As Built Drawings The Gas Company shall, within six months of completing the installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, if the approved pre-construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electronic format and one copy as a hard copy drawing. 7. Emergencies In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having jurisdiction. The Gas Company shall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current. 8. Restoration The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by the Engineer/Road Superintendent. 9. Indemnification The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for -5 - Page 228 of 703 damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system in the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may incur by reason of damages or injuries including death to any person or persons and for damage to any property, resulting from the negligence or wrongful act of the Corporation, its servants, agents or employees. 10. Insurance a. The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company is obliged to indemnify the Corporation under Paragraph 9. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company. b. The issuance of an insurance policy as provided in this Paragraph shall not be construed as relieving the Gas Company of liability not covered by such insurance or in excess of the policy limits of such insurance. c. Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect. 11. Alternative Easement The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of a highway where there is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing and, if is feasible, to provide the Gas Company with easements over that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to preserve any part of the gas system in its then existing location. In the event that such easements cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of this Agreement. -6 - Page 229 of 703 12. Pipeline Relocation a. If in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent. b. Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense. c. Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; and for these purposes, the total relocation costs shall be the aggregate of the following: i. the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees, ii. the amount paid for rental equipment while in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project, iii. the amount paid by the Gas Company to contractors for work related to the project, iv. the cost to the Gas Company for materials used in connection with the project, and v. a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and (iv) above. d. The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened road allowance and the Corporation has not -7 - Page 230 of 703 approved its location, in which case the Gas Company shall pay 100% of the relocation costs. Part IV -Procedural And Other Matters 13. Municipal By-laws of General Application The Agreement is subject to the provisions of all regulating statutes and all municipal by-laws of general application, except by-laws which have the effect of amending this Agreement. 14. Giving Notice Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be. 15. Disposition of Gas System a. If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the part of its gas system affixed to the bridge, viaduct or structure. b. If the Gas Company decommissions any other part of its gas system, it shall have the right, but is not required, to remove that part of its gas system. It may exercise its right to remove the decommissioned parts of its gas system by giving notice of its intention to do so by filing a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of the decommissioned gas system as the Corporation may require for such purposes and neither party shall have recourse against the other for any loss, cost, expense or damage occasioned thereby. If the Gas Company has not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in a highway, the Gas Company may elect to relocate the decommissioned gas system and in that event Paragraph 12 applies to the cost of relocation. -8 - Page 231 of 703 16. Use of Decommissioned Gas System a. The Gas Company shall provide promptly to the Corporation, to the extent such information is known: i. the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and ii. the location of all proposed and existing decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas. b. The Gas Company may allow a third party to use a decommissioned part of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided i. the third party has entered into a municipal access agreement with the Corporation; and ii. the Gas Company does not charge a fee for the third party's right of access to the highways. c. Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas are not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement. 17. Franchise Handbook The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time. -9 - Page 232 of 703 18. Agreement Binding Parties This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above. THE CORPORATION OF THE CITY OF NIAGARA F,..._. __ WAYNETH MSON,MAYOR ThNY~ DEAN IORIDA,ClERK THE CONSUMERS' GAS COMPANY LTD. K. Scott Player Vice President, inance and Admir; .· "(w By: Mark R. Boyce ~ Associate General Counsel -·-·"·--. _ .. __ & Corporate Secretary Page 233 of 703 DATED this day of THE CORPORATION OF THE CITY OF NIAGARA FALLS -and - THE CONSUMERS' GAS COMPANY LTD. FRANCHISE AGREEMENT THE CONSUMERS' GAS COMPANY LTD. 500 Consumers Road North York, Ontario M2J 1P8 Attention: Regulatory Affairs Department -11 - I 20 Page 234 of 703 SCHEDULE "A" -v---~ .. , .. ;r nrr CUX OF NIAGlBA FALLS By-law No. 79 -148 ...................... A by-law to authorize a franchise agreement between the Corporation and The Consumers' Gas Company. WBElUWl the Council of the Corporation deems it expedient to enter into the attached franchise agreement with The Consumers' Gas Coq,any; AND WRERPAS the Ontario Bnergy Board by its Order issued pursuant to The Municipal Franchises Act on the 12th day of July, 1979 has approved the terms and conditions apon which and the period for which the franchise provided for in the attached agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By•law is not necessary; AND WHERFAS The Consumers ' Gas Coq,any has provided the Corporation with a consent to the :cepeal of certain By-laws hereinafter referred to; lfCM 111EREFOBE BE IT 5CTED: 1. That the attached franchise agreement between the Corporation and The Consumers I Gas Coq,any is hereby authorised and the franchise provided for therein is hereby granted. 2. That the Mayor and Clerk are hereby authorized and instructed on behalf of the Corporation to enter into and execute under its corporate seal and deliver the aforesaid agi:eement, which agreement is hereby incorporated into and shall form part of this By•law. 3. That the By•laws i:efetted to in Schedule "A" annexed hereto and forming part of this By-law are hereby repealed insofar as they apply to any area within the present geographic limits of the Corporation. First Reading:. Second Reading: Third Reading: 27th day of ················· J. L, COLLINSON, CLERK August 27 August 27 August 27 , 1979. , 1979. , 1979. Page 235 of 703 SatlDIJLE •~11 to cm w mp r.w.s By-law No. 79 • 148 .•......•••.•••...•• By•law No. 5447 1 19S6 paaaed by the Council of The Coi:porat:l.on of the City of Niagara Falla OD the 30th. clay of Nowmber 1 19S6 By-law No. 2136 paaaed by the Council of The Coi:pontion of the r-..hip of Stamford OD the 30th day of November, 19.56 By•law No. 1422 passed by the Council of The Corporation of the i'OWDShip of CJ:OWland on the 30th day of August, 1956 By-law No. 1014 paaaed by the Council of 'l'he Coi:poration of the Village of Chippawa on the 30th day of November, 1956 By-law No. A-209 paased by the Council of The Corporation of the i'OWD8hip of Willoughby on the lat day of December, 19S6 By•law No. 1072 paaaed by the Council of The Corporation of the 'township of Humberatone on the 4th day of September, 19S6 --------------r-----------------------· ·•-··----- Page 236 of 703 THIS AGREEMENT made the BETWEEN: day of THE CONSUMERS' GAS COMPANY hereinafter called the "Company" 19 OFTHB FIRST PART and nm CORPORATION OF 1HE _c,...I .... IY~--- OF _ _._.N-IA~G~A.R_A_._EA-L_L_s _______ _ hereinafter called the "Municipality .. OF THE SECOND PART- WHEREAS the Company desires to distribute and sell gas (which tenn shall mean and include natural gas, manufactured gas, synthetic gas, or liquefied petroleum gas, and includes· any mixture of natural gas, manufactured gas, synthetic gas, or liquefied petroleum gas, but does not include a liquefied petroleum ps that is distlibuted by means other than a pipe line) in the Municipality upon the tenns and condltions hereinafter set forth. AND WHEREAS by By-law passed by the Council of the Municipality, the Mayor and Clerk of tho Munlcipality have been authorized and directed to execute, seal and deliver this Agreement on behalf of the Municipality. < NOW THEREFORE TIHS AGREEMENT WITNESSETH that for valuable consideration, (the receipt and sufficiency of which is hereby acknowledged): 1. The consent, permission and authorily of the Municipality are hereby given and ·granted to the Company, to supply gas to the Municipality and to the inhabitants thereof and to enter upon all highways now or at any time hereaftet within the jurisdiction of the Municipality and to lay, maintain, operate and repair such mains and pipes as the Company may require therein and thereon for the transmission and supply of gas in and through the Municipality together with die right to construct, maintain and repair all necessary regulators, valves, curb boxes, safety appliances and other appurtenances that may be necessary in connection with the transmission and supply of gas in the Municipality. 2. The Company shall well and sufficiently restore forthwith to as good condition as they were in before the commencement of the Company's operation to the satisfaction of the Municipal Engineer (which term ll'!eans from time to time such employee of the Municipality as the Municipality shall have designated as such for the pµrposes of this Agreement, or failing such designation, the senior employee of the Municipality for the time being charged with the administration of public works and hi&hways in the Municipality) all highways, squares and public places which it may excavate or interfere with in the course of laying, constructing, or repairing or removing of its mains. pipes, regulators, valves, curb boxes, safety appliances and other appurtenances and shall make good any settling or subsidence thereafter caused by such excavation, and funher, in the event of the Company f:iiling at any time to do any work required by this Section the Municipality may forthwith have such work done and charged to and collect from the Company the cost thereof and the Company shall on demand pay any reasonable :iccount therefor certified by the Municipal Engineer. 3. The Company shall at all times wholly indemnify the Municipality from and against all loss, damage and injury and expense to which the :\-lunicipality may be put by reason of any damage or injury to persons or propeny resulting from the imprudence, neglect or want of skill of the employees or agents of the Company in connection with the construction, repair, maintenance or operation by the Company of any of lts works in the Municipnlity. 014.0l CR••· 1171) I Page 237 of 703 4. ,Except in the event of emergency no excavation, opening or work which shall disturb or interfere with the surface of any highway shall be made or done unless a permit therefor has first been obtained from the said Municipal· Engineer and all such works shall be done under his supervision and to his satisfaction. S. The location of all pipes and works on said highways shall be subject 10 the direction and approval of the Municipal Engineer and all such pipes and works, whenever it may be reasonable and practicable, shall be laid in . and along the sides of said highways. 6. The Company ~fore beginning any new work in the said Municipality under thiS. Agreement, save and except lateral service pipes, shall file with the Municipal Engineer a plan drawn to scale showing the highways in which it proposes to lay mains, and pipes, and the particular parts thereof it proposes to occupy for any of such purposes together with det'"tnite written specifications of the mains, pipes and works proposed to be laid or constructed by it, specifying the materials and dimensions thereof, and the depth at which the same are to be laid, and similar plans and specifications shall be filed with the said Municipality of all extensions of, or additions to such mains, pipes. or · works before any such extensions or addition shall be beRUn, Provided further that the Company shall provide the Municipal Engineer with a revised plan of the location of any main should there be any alteration in the p~a~ originally filed with the Municipal Engineer·and shall notify and obtain the appro11al of the Mun1c1pal Engineer before undertaking_any work involving the change in location of any main. 6A. Ii in the course of constructing, reconstructing, changing, altering or improving any h1ghway or municipal utlity it becomes necessary to take up, remove or change the location of appliances or works placed on or under th~ highway by the Company, the Company shall remove and relocate such appllances or works, and the cost thereof shall be apportioned in the m1:1nner presc~lbed by The Public Service Works on Highways Act, R.5,O.1970, Chapter 388, Section 2 and amendments thereto. · 7. The Company shall use at all times proper and practicable means to prevent the escape or leakage of gas from its mains and pipes and the causing of any damage or injury_ therefrom to any person or property. 8. The rates to be charged and collected and the tenns of service to be provided by the Company for gas supplied by it under this franchise shall be the rates and the tenns of service approved or fL~ed by the Ontario Energy Board or by . any other person or body having jurisdiction to approve or fix such rates or terms of service. Any '11pplication to approve or fix rates to be charged and collected or tenns of services to be provided by the Company for gas supplied . by itshall be made in accordance with The Ontario Energy Board Act, R.S. 0. 1970. Chapter -312, as amended from time to time or any other starute regulating such application. 9. The Municip~ity will notib~']Ifc,\"J]hnit any Commission or other public utility or person to build any structure or strucrures encasing any mains or pipes of the Company. 10. (a) This Agreement and the respective rights and obligations hereunto of the parties hereto are hereby declared to be subject to the provisions of all regulating starutes and to all orders and regulations made thereunder and from · time to time remaining in effect; and in event of any dispute or disagreement between the parties hereto as to the meaning or interpretation of anything herein contained or as to the performance or non-performance by either of such parties of any of-the provisions hereof or as to the respective rights and.obligations of the parties hereto hereunder, either such parties may refer such dispute or disagreement to arbitration under the provisions of Paragraph 10 (b) hereof. (b) Whenever The Municipal Arbitrations Act R.S.O. 1970, Chapter 286 sh!lll extend and apply 10 1he Municipality any references to arbitration pursuant to the provisions of Paragraph 10 (a) hereof shall be to the Official Arbitrator appointed under the Act and shall be governed by the provisions of that Act. At any other time the procedure upon_ an arbitration pursuant to the provisions of the said Paragraph 10 (a) shall be as follows: Within twenty days after the written request of either of the parties hereto for arbitration each of them shall appoint one arbitrator and the two so appointed shall, within twenty clays after the expiring of such twenty day period select a third. In case either of the parries hereto shall fail to name on :irbitrator within twenty days after the said written request for arbitration, the arbitrator appointed shall be the only arbiirator. In c:ase the two arbitrators so appointed are unable to agree on a third arbitrator within twenty days after the expiry of the first twenty clay period above mentioned. application shall be made as soon as reasonably possible to any Judge of the Supreme Couri of Ontario for the appoinrmeni of such third arbitrator. The arbitrator or arbitrators so appointed shall have :ill the powers accorded arbitrators by The Arbitratil1n -\ct, R.S.O. 1970. Chapter 25 as from time to time amended. or any Act in substitution therefor. The decision of the said arbitrator or arbitrators (or l)f a majority of such nrbi1rators1 shall be final and binding on the parties hereto. Page 238 of 703 IL In the event of.the Company being prevented from carrying out ils obligations under this Agreement by reason of any cause beyond its control, the Company shall be relieved from such obligations while such disability continues and in the event of dispute as to the existence of such disability such dispute shall be determined as hereinbefore provided. Provided, however. that the provisions of this Paragraph 11 shall not relieve the Company from any of its obligations as set out in Paragraph 3 hereof. 12. The franc:hi.se hereby granted shall be for a term of twenty(20)years from and after the final passing of the By-law; provided that ifat any time prior to the expiration of the said tenn of twenty(20) years or prior to the expiration of any renewal thereof, the Company shall notify the Municipality in writing that it desires a renewal thereoffor a further period, the Municipality may but shall not be _obliged to renew by By-law this Agreement from time to time for funher periods not exceeding twenty(20) years at any time. 13. The Company shall pay the cost, cha,rges and expenses of. the Municipality and of its Solicitor of and inciciental .to, the preparation and passing of such By-law and this Agreement. 14. For the purpose of this Agreement and of any matters arising out of same the Municipality shall act by the Council thereof. IS. Wherever tlfe word "highway"-is used in this Agreement or in the said By-law it shall mean common and public highways and shall include any bridge forming part of a highway on or over and across which a highway · passes and any public square, or road allowanc:eand shall include not only the travelled portion of such highway but. also ditches, driveways, sidewalks and sodded areas forming part of the road allowance. 16. Upon the expiration of this franchise or :iny renewal thereof the Company shall have the right, but nothing herein contained shall require it, to remove its mains, pipes. plant and works laid in the said highway. Provided that forthwith apon the expiration of this franchise or any renewal thereof the Company shall deactivate such pipeline in the Municipality. Provided funher that if the Company should leave its mains, pipes, plants and works in the highway as aforesaid and the Municipality at any time after a lapse of one year from termination require the removal of all or any of the Company's said facilities for the purpose of altering or improving the highway or in order to facilitate the construction of utility or other works in the highway the Municipality may remove and dispose of so much of the Company's said facilities as the Municipality may require for such purposes and neither party shall have recourse against the other for any loss, cost or expense occasioned thereby. 17. Any notice ta be given under. any of the provisions hereof may be effectually given to the Municipality by delivering the same to the Municipal Clerk or by ~nding the same to him by registered mail, PoStue prepaid, addressed to "the Clerk of the Corporation of the City of Niagara Falls, 4310 Queen St., Niagara Falls, Ontario," and to the Company by delivering the same to its Manager or other Chief Officer in charge of its place of business in the City of St, Catharines , or by send· ing the same by registered mail, Postage prepaid, addressed to "The Consumers' Gas Company, Suite 4200, 1 First Canadi11n Place, Post Office Box 90, Toronto. Ontario. MSX ICS." If any notice is sent by mail the same shall be deemed to have been given on_ the day succeeding the posting thereof. 18. This Agreemenuhall extend 10, benefit and bind the parties thereto, their successors and assigns, respectively. IN WITNESS WHEREOF the said Company has hereunto caused its Corporate Seru to be affixed and · these presents signed by its proper officers in that behalf and the said Corporation has hereunto caused its Corporate Seal to be affixed and these pn:sents signed by the Municlpafity and .Clerk •. THE CONSl..':v!ERS' GAS COMPANY THE CORPORATION OF THE CITY OF NIAGARA FALLS Mayor 084.0l :Row. 11111 4 Clerk Page 239 of 703 " . By-1;.•.r No. 79-148 ................ Passed •••• ,.IIP.!'F. ?-7,. }-'!!?. ••••••• COR.."ORATION OF THE CITY OF NIAGARA FALLS By-la. No 79 -148 ........... A By-law to authorize a franchise agreement with Col18Ulllers' Gas Company Page 240 of 703 The City of Niagara Falls, Ontario Resolution September 14, 2021 No. 9 Moved by: Seconded by: BE IT RESOLVED that the Council of the City of Niagara Falls approves the form of draft by-law and franchise agreement attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of the Municipal Franchises Act; AND FURTHER that this Council requests that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the attached draft by- law and franchise agreement pertaining to the Corporation of the City of Niagara Falls is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. AND The Seal of the Corporation be hereto affixed. __________________ _________________ WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 241 of 703 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and Enbridge Gas Inc. WHEREAS the Council of the City of Niagara Falls deems it expedient to enter into the attached franchise agreement (the "Franchise Agreement") with Enbridge Gas Inc.; AND WHEREAS the Ontario Energy Board by its Order issued pursuant to the Municipal Franchises Act on the day of , 2021, (date forthcoming for the third reading of by-law once Enbridge Gas receives Decision and Order from the OEB), has approved the terms and conditions upon which and the period for which the franchise provided in the Franchise Agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By- Law is not necessary: THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Franchise Agreement between the City of Niagara Falls and Enbridge Gas Inc. attached hereto and forming part of this by-law, is hereby authorized and the franchise provided for therein is hereby granted. 2. THAT the Mayor and City Clerk be and they are hereby authorized and instructed on behalf of the City of Niagara Falls to enter into and execute under its corporate seal and deliver the Franchise Agreement, which is hereby incorporated into and forming part of this By-Law. 3. THAT the following by-law be hereby repealed: By-law #2002-052 for the City of Niagara Falls, passed in Council on March 18, 2002. 4. THAT this by-law shall come into force and take effect as of the final passing thereof. Read a first and second time and provisionally adopted on this 14th day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Read a third time and finally passed this ______ day of ___________, 202__. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 242 of 703 Page 1 2000 Model Franchise Agreement THIS AGREEMENT effective this day of , 2021 BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called the "Corporation" - and - ENBRIDGE GAS INC. hereinafter called the "Gas Company" WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement; AND WHEREAS by by-law passed by the Council of the Corporation (the "By-law"), the duly authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation; THEREFORE the Corporation and the Gas Company agree as follows: Part I - Definitions 1. In this Agreement (a) “decommissioned" and "decommissions" when used in connection with parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term 'abandoned' pipeline for the purposes of the Assessment Act; (b) “Engineer/Road Superintendent" means the most senior individual employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation; Page 243 of 703 Page 2 (c) "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane-air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline; (d) "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may require or deem desirable for the distribution, storage and transmission of gas in or through the Municipality; (e) "highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation; (f) "Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the Municipal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board; (g) "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the jurisdiction of the Corporation; (h) "Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the Gas Company with the Engineer/Road Superintendent prior to commencement of work on the gas system; and (i) whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires. Page 244 of 703 Page 3 Part II - Rights Granted 2. To provide gas service The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality. 3. To Use Highways Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and repair a gas system for the distribution, storage and transmission of gas in and through the Municipality. 4. Duration of Agreement and Renewal Procedures (a) If the Corporation has not previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law. or (b) If the Corporation has previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20 year term of this Agreement, the Model Franchise Agreement is changed, then on the 7th anniversary and on the 14th anniversary of the date of the passing of the By-law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20 year term. (c) At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as may be agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act. Page 245 of 703 Page 4 Part III – Conditions 5. Approval of Construction (a) The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefor has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction. (b) Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy. (c) The Plan filed by the Gas Company shall include geodetic information for a particular location: (i) where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or (ii) when requested, where the Corporation has geodetic information for its own services and all others at the same location. (d) The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies. (e) Prior to the commencement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work. (f) In addition to the requirements of this Agreement, if the Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter into a separate agreement as a condition of the approval of this part of the construction of the gas system. Page 246 of 703 Page 5 (g) Where the gas system may affect a municipal drain, the Gas Company shall also file a copy of the Plan with the Corporation's Drainage Superintendent for purposes of the Drainage Act, or such other person designated by the Corporation as responsible for the drain. (h) The Gas Company shall not deviate from the approved location for any part of the gas system unless the prior approval of the Engineer/Road Superintendent to do so is received. (i) The Engineer/Road Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld. (j) The approval of the Engineer/Road Superintendent is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system. 6. As Built Drawings The Gas Company shall, within six months of completing the installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, if the approved pre-construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electronic format and one copy as a hard copy drawing. 7. Emergencies In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having jurisdiction. The Gas Company shall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current. Page 247 of 703 Page 6 8. Restoration The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by the Engineer/Road Superintendent. 9. Indemnification The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system in the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may incur by reason of damages or injuries including death to any person or persons and for damage to any property, resulting from the negligence or wrongful act of the Corporation, its servants, agents or employees. 10. Insurance (a) The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company is obliged to indemnify the Corporation under Paragraph 9. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company. (b) The issuance of an insurance policy as provided in this Paragraph shall not be construed as relieving the Gas Company of liability not covered by such insurance or in excess of the policy limits of such insurance. (c) Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect. Page 248 of 703 Page 7 11. Alternative Easement The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of a highway where there is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing and, if it is feasible, to provide the Gas Company with easements over that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to preserve any part of the gas system in its then existing location. In the event that such easements cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of this Agreement. 12. Pipeline Relocation (a) If in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent. (b) Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense. (c) Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; and for these purposes, the total relocation costs shall be the aggregate of the following: (i) the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees, (ii) the amount paid for rental equipment while in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project, (iii) the amount paid by the Gas Company to contractors for work related to the project, Page 249 of 703 Page 8 (iv) the cost to the Gas Company for materials used in connection with the project, and (v) a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and (iv) above. (d) The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened road allowance and the Corporation has not approved its location, in which case the Gas Company shall pay 100% of the relocation costs. Part IV - Procedural And Other Matters 13. Municipal By-laws of General Application The Agreement is subject to the provisions of all regulating statutes and all municipal by-laws of general application, except by-laws which have the effect of amending this Agreement. 14. Giving Notice Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be. 15. Disposition of Gas System (a) If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the part of its gas system affixed to the bridge, viaduct or structure. (b) If the Gas Company decommissions any other part of its gas system, it shall have the right, but is not required, to remove that part of its gas system. It may exercise its right to remove the decommissioned parts of its gas system by giving notice of its intention to do so by filing a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of the decommissioned gas system Page 250 of 703 Page 9 as the Corporation may require for such purposes and neither party shall have recourse against the other for any loss, cost, expense or damage occasioned thereby. If the Gas Company has not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in a highway, the Gas Company may elect to relocate the decommissioned gas system and in that event Paragraph 12 applies to the cost of relocation. 16. Use of Decommissioned Gas System (a) The Gas Company shall provide promptly to the Corporation, to the extent such information is known: (i) the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and (ii) the location of all proposed and existing decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas. (b) The Gas Company may allow a third party to use a decommissioned part of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided (i) the third party has entered into a municipal access agreement with the Corporation; and (ii) the Gas Company does not charge a fee for the third party's right of access to the highways. (c) Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas are not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement. 17. Franchise Handbook The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time. Page 251 of 703 Page 10 18. Other Conditions None. 19. Agreement Binding Parties This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: ________________________________________ Jim Diodati, Mayor Per: ________________________________________ William G. Matson, City Clerk ENBRIDGE GAS INC. Per: ________________________________________ Mark Kitchen, Director Regulatory Affairs Per: ________________________________________ Bike Balkanci, Director, GTA West & Niagara Operations Page 252 of 703 MW-2021-61 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-61 Niagara Veterans Memorial Highway – Signage Enhancements RECOMMENDATION 1. That Council approve the replacement of the existing memorial sign on Falls Avenue with a larger version, and that ‘flower pot’ signs be added above all Highway 420 wayfinding signs on city/regional roadways; 2. That Council approve up to $5,000 to be allocated in the 2021 Remembrance Day ceremony budget for these works; and, 3. That Council direct Staff to explore cost-sharing opportunities with the Niagara Region for these works. EXECUTIVE SUMMARY Staff were requested by Council to repurpose some of the funds not used during the 2020 Remembrance Day Ceremony to replace the Niagara Veterans Memorial Highway signs and have staff come back with recommendations on the new designs. Through consultation with the Ministry of Transportation, Ontario, and the Niagara Region, Staff are recommending that the existing memorial sign on Falls Avenue be replaced with a larger version, and that ‘flower pot’ signs be added above all Highway 420 wayfinding signs on city/regional roadways (Montrose Road, Dorchester Road, Drummond Road, and Stanley Avenue). Upon reviewing the anticipated costs for an outdoor 2021 Remembrance Day ceremony, staff estimates that up to $5,000 could be made available to put towards the Niag ara Veterans Memorial Highway signs enhancements. Staff will also explore cost-sharing opportunities with the Niagara Region for these works. Should Council approve of these recommendations, Staff will ensure that the signs are installed before the Remembrance Day Ceremonies on Thursday, November 11, 2021. Page 253 of 703 2 MW-2021-61 September 14, 2021 BACKGROUND At its meeting held on Tuesday, November 17, 2020, Council unanimously carried the motion below: ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council direct staff to repurpose some of the funds not used for this year's Remembrance Day Ceremony to replace the Niagara Veterans Memorial Highway signs and have staff come back with recommendations on the new designs. Field investigations were undertaken by staff which confirmed that there are two (2) existing memorial signs installed along Highway 420 dedicating the provincial highway as “Niagara Veterans Memorial Highway”. In the eastbound direction the memorial sign is located on the south boulevard in the vicinity of the Drummond Road overpass (see Figure #1). In the westbound direction, the memorial sign is located on Falls Avenue, east of Stanley Avenue, in the north boulevard (see Figure #2). Figure #1 – Memorial Sign, eastbound direction (Hwy 420 at Drummond Road) Figure #2 – Memorial Sign, westbound direction (Falls Avenue east of Stanley Avenue) It is important to note that the memorial sign in the eastbound direction is installed within the provincial highway right-of-way, whereas the memorial sign in the westbound direction is installed on regional right-of-way (Falls Avenue). The existing signs were constructed and installed per the Provinces guidelines “Memorial Dedications for Provincial Highway and/or Sections of Provincial Highway”, policy number 2005-02-rev3 (October 15, 2015). Per the Ministry’s policy the signs are to be no larger than 600mm (2ft) in height by 1500mm - 2400mm (5ft - 8ft) in length. The existing sign is 600mm (2ft) by 1800mm (6ft). Page 254 of 703 3 MW-2021-61 September 14, 2021 ANALYSIS/RATIONALE City staff met with the Ministry to review this matter and to understand if deviations from their policy were plausible to increase the size of the existing memorial signs. The purpose for installing a larger sign is to enhance its prominence on the roadside and visibility to passing motorist. It was concluded that the existing memorial signs conform to the Ministry’s policy documents and cannot be replaced with larger versions. That being said, the Ministry noted the memorial sign installed on Falls Avenue, east of Stanley Avenue is on the Region’s right-of-way; therefore the Ministry’s policy would not be applicable, and with the consent of Niagara Region, the sign can be replaced with a larger version. Ongoing discussions with the Niagara Region over the past several months has resulted in their approval of the City’s request to replace the existing memorial sign with a larger version. Not only does the Niagara Region install these signs within their right-of-way, the Region also manufacturers all traffic related signs at their in-house sign shop. Currently, the Region has the equipment and materials available to create signs up to 1500 mm (5ft) in height by 3000 mm (10ft) in length. This will effectively double the size of the existing memorial sign. The new memorial sign proposed for Falls Avenue was modelled from examples installed elsewhere in the Province. A draft of the new memorial sign is provided in Figure #3. Figure #3 – Draft Niagara Veterans Memorial Sign Lastly, Staff reviewed how other municipalities in Ontario are signing dedicated / memorial highways within their jurisdictions. For example: in Peel Region they install ‘flower pot’ signs along the route in addition to the memorial signs at the dedication limits . Through discussions with Ministry Staff, this proposal was not supported along the Highway 420 Page 255 of 703 4 MW-2021-61 September 14, 2021 mainline; however they noted these signs can be installed on city/regional roads which lead to the Highway 420 on-ramps where existing Highway 420 wayfinding signs are present (example below in Figure #4). Staff recommends that these signs are installed along Montrose Road, Dorchester Road, Drummond Road and Stanley Avenue. Figure #4 – Example Flower Pot Sign Should Council approve of these recommendations, Staff will ensure that the signs are installed before the Remembrance Day Ceremonies on Thursday, November 11, 2021. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City of Niagara Falls does not have a specific line item in the operating budget for annual Remembrance Day celebrations, however several departments across the City have ear-marked portions of their own budgets to cover most of the related costs. Staff reviewed the 2020 Remembrance Day ceremony costs and while there were some cost savings realized by not hosting it at the arenas, there were also some additional one- time costs to properly set up the outdoor space at Fairview Cemetery, in addition to costs for live streaming and a ceremonial fly over. Due to the COVID-related pressures placed on the 2020 operating budget, staff does not recommend repurposing any funds from 2020 towards replacing the Niagara Veterans Memorial Highway signs. Page 256 of 703 5 MW-2021-61 September 14, 2021 Upon reviewing the anticipated costs for an outdoor 2021 Remembrance Day ceremony, staff estimates that up to $5,000 could be made available to put towards the Niagara Veterans Memorial Highway signs. Given that the Niagara Region will be producing the signs at their sign shop and installing the large sign in their right-of-way with their internal staffing, it is recommended that the City formally explore cost-sharing opportunities with the Niagara Region for these works. One early suggestion is that the Region provide in-kind support for the labour and equipment necessary for sign creation and installation. CITY’S STRATEGIC COMMITMENT The recommendations in this report encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS None Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 257 of 703 1 PBD-2021-51 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-51 Section 20 Development Charge Act Appeal 10941 Niagara River Parkway Applicant: Brandon Ferri in c/o Connie Nothdurft RECOMMENDATION That Council not waive the Development Charge fee of $7,727.00 as the 5 year limitation period has passed as specified in the Development Charge By-law 2019-69. EXECUTIVE SUMMARY The applicant owns 10941 Niagara River Parkway that is partially zoned Rural and partially zoned Niagara River Parkway Residential. The original dwelling located on the property was destroyed in 2013 caused by fire damage. The owner applied for a building permit on November 13, 2020, approximately 7 years later, and the permit was issued July 30, 2021. The owner questioned the payment of development charges which are payable to the City at the time of permit issuance. The applicant felt that the interpretation of the Development Charge (DC) By-law was incorrectly applied to his permit. The rules of the Development Charges By-law specify that a building permit application for redevelopment must occur within 5 years of existence of the original home. The Chief Building Official determined the exemption to the DC by-law did not apply to this permit as it was beyond the limitation period. The applicant paid the full DC amount of $7,727.00, in protest. He has pursed an appeal of his payment under Section 20 of the Development Charges Act. Mr. Ferri has been notified of the Council meeting and his opportunity to make representation to Council. BACKGROUND On November 13, 2020, Mr. Ferri applied for a building permit to construct a 2 storey residential home at the address known as 10941 Niagara River Parkway. The amount of the development charge payable at permit issuance was $7,727.00 which is in accordance with Section 2.1 (a) of the Development Charge By-law 2019-69. Mr. Ferri disputed the fee, stating it shouldn’t be applicable since a home was demolished due to fire damage. Page 258 of 703 2 PBD-2021-51 September 14, 2021 The Building Division conducted further research and determined that the original home was destroyed by fire damage in 2013 with no record of a demolition permit to clean the site. In 2015 the land owner, Ms. Nothdurft applied for a building permit (No. BP 2015- 0878) for a new home. The permit which was not issued, and later canceled in 2016 due to unpaid permit fees. A second building permit to construct a new dwelling was applied for on November 13, 2020; seven (7) years from the destruction of the original dwelling. The Development Charge by-law only provides a 5 year limitation period during which a DC exemption can be granted. The Chief Building Official did not grant the exemption to Mr. Ferri as the permit was 2 years beyond the limitation period as specified in the DC By-law. Mr. Ferri alleged that they were unaware of the limitation period and felt that city staff failed to inform them of the limitation period. Ms. Nothdurft paid DC fees for the new permit in protest to avoid future increase. ANALYSIS/RATIONALE The Development Charge By-law must be applied to building permits as it is written, and under Section 11 of the Development Charge By-law 2019-69 it specifies: “If application is made for a building permit in respect of a parcel of land upon which a premise existing within five years prior to the date of such application, but which premise has been demolished or destroyed before the date of such application, then the amount of Development Charges payable upon issuance of the said building permit shall be reduced to the net amount, calculated pursuant to this by-law at the current Development Charge rates, that would be payable as Development Charges in respect of the demolished or destroyed premise, provided that such reduction shall not exceed the Development Charges Page 14 of 29 otherwise payable. For purposes of this subsection, “net” means the excess of the Development Charges for premises constructed, over the Development Charges for premises demolished or destroyed.” The definition of a “premise” means “one or more dwelling units and/or one or more square feet used for non-residential use.” The dwelling was destroyed in 2013 which means that the premise did not exist within the 5 year limitation period, and therefore would not receive the benefit of the DC exemption. Mr. Ferri had a 5 year period to seek a building permit to benefit from the DC exemption but failed to do so. Therefore, a DC charge is determined to be applicable. The Chief Building Official does not have the authority to grant the exemption unless it is within the rules of Section 7 of the By-law. Mr. Ferri alleges that he was unaware of the 5 year limitation period and that staff did not convey this information to him. The DC By-law is a public document that is accessible to everyone and Mr. Ferri’s notion that the 5 year limitation period was not communicated by city staff is not sufficient grounds to grant a DC exemption. Page 259 of 703 3 PBD-2021-51 September 14, 2021 Mr. Ferri did not agree with the interpretation of city staff and opted to appeal to Council under the authority of Section 20 of the Development Charges Act where it outlines the three instances when an individual can appeal to Council, being: 1. the amount of the development charge was incorrectly determined; 2. a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or 3. there was an error in the application of the development charge. The response by staff to the three instances: 1. Mr. Ferri would pay the non-urban residential rate, therefore, the charge has not been incorrectly determined, and the charge is the correct amount. 2. There is no available credit, because Mr. Ferri missed the 5 year limitation period under the rules of the DC bylaw during which exemption can be applied. 3. The permit application was to construction a residential dwelling. The rate for residential dwelling was applied therefore, no error in determining DC the application of the fees. FINANCIAL/STAFFING/LEGAL IMPLICATIONS If the Development Charges are waived the DC fee will need to be made whole which would be funded through the tax levy. Recommended by: Alex Herlovitch, Director, Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 260 of 703 R&C-2021-09 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2021-09 2021 Sports Wall of Fame Inductees RECOMMENDATION That Council approve the following 2021 Sports Wall of Fame Inductees: Name Category Sport Amy Audibert Athlete Basketball Dr. Ralph Biamonte Builder Horse Racing Michael Pickering (Automatic) Athlete Trap Shooting Dr. Keith Pyne Builder Baseball Sarah Quaranta (Automatic) Athlete Hockey Paul Yerich Athlete Running EXECUTIVE SUMMARY The Sports Wall of Fame Committee hosts the annual Niagara Falls Sports W all of Fame Induction Ceremony. Induction into the Sports Wall of Fa me is a special honour that recognizes the significant athletic achievements and contributions of those in our community who have brought fame to our City. The 2021 Sports Wall of Fame Induction Ceremony is scheduled in early 2022 at the Gale Centre. BACKGROUND For the past 30 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather sponsors to cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are loc ated. Page 261 of 703 2 R&C-2021-09 September 14, 2021 ANALYSIS/RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather sponsors to cover costs of the program and the reception. CITY’S STRATEGIC COMMITMENT The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through recognition of the Niagara Falls Sports Wall of Fame Inductees, the City will help to enhance a sense of pride and commitment from our residents and visitors. ATTACHMENT 1. 2021 Sports Wall of Fame Inductees’ Achievements Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 262 of 703 2021 Sports Wall of Fame Inductees’ Achievements Name Category Sport Brief Bio Amy Audibert Athlete Basketball Played four years on the University of Miami Women’s Basketball Team. Appeared in 24 games, the most for any UM player averaging less than 10 min. per game. Attended A.N. Myer Secondary School and was considered Ontario’s top- ranked post player according to the Ontario Top 50 evaluation service. Worked 8+ years in the television industry following her years as a basketball player. Made history twice in one week as a Colour Analyst Role for a Toronto Raptors radio broadcast - being the first woman to do this for the organization and being part of the NBA's historic all- female broadcast where she was the Studio Analyst on TSN. Amy has also called hoops on many distinguished platforms including CBS Sports, NBA TV, TSN, ESPN+, The ACC Network Extra, and Raycom Sports. Dr. Ralph Biamonte Builder Horse Racing Great success as Thoroughbred Horse Trainer. Bred multiple stakes winning horses. Oct. 25, 2013, he won his 1,000th race at Woodbine. Over the span of his career, reached a total purse earnings over $23 million. Michael Pickering Athlete Trap Shooting 2008 Canadian Trap Shooting Champion. Dr. Keith Pyne Builder Baseball Medical Staff Advisory Consultant with LA Dodgers, Washington Nationals. As Medical Advisor, has treated and consulted more than 30 professional teams including Calgary Flames & St. Louis Blues. Treated over 1800 professional athletes. In 2018, was the Medical Consultant for Boston Red Sox when they won the World Series. In 2019, Dr. Pyne was the Medical Consultant for Toronto Raptors - won 2019 NBA Championship. Medical Staff member with NY Islanders Professional Hockey Team. Four seasons with the Washington National Baseball Team – winning 2019 World Series. 2020 Medical Analytics with LA Dodgers Medical Staff Team, winning the 2020 World Series. Chairman of the Washington National Baseball Team’s Medical Services Advisory Board from 2015-2019. Sarah Quaranta Athlete Hockey In 2015, selected to play for Canada's National Women's U18 Team in Buffalo, NY.(Silver medal). 2015 - Provincial- selected to play for Team Ontario at the Winter Games in Prince George, BC in 2015. (Silver medal). Played local Boys A and AAA all the way up to Major Bantam for the Niagara Falls Canucks. Named Assistant Captain for 2 yrs. Switched to Girl's hockey in Grade 9 and played for Stoney Creek Jr. Sabres. Also named Captain at this time. Paul Yerich Athlete Running 2001 Ontario Masters Cross Country Champions to his team. In 2004 & 2005, received second place for Runner of the Year. Dedicated to the sport of competitive running, Paul has competed in numerous marathons, and other runs. In 2003, named Track Niagara’s “Runner of the Year” and is founding member of the club. Page 263 of 703 R&C-2021-10 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2021-10 Santa Claus Parade Fee for Service RECOMMENDATION 1. That Council approve the delivery of the Niagara Falls Santa Claus Parade as a Fee for Service. 2. And that the Niagara Falls Downtown BIA be contracted to provide this service. EXECUTIVE SUMMARY The Recreation & Culture Department annually organizes and hosts many City-wide events and programs to engage the community. Currently, the department is under-going various Staff changes due to retirements and reorganization of duties. A t this time, it is recommended to source a competent third party organization to oversee some events and programs such as the Niagara Falls Santa Claus Parade. With the Niagara Falls Downtown BIA actively employing a special events team, it was determined that the BIA would be the best fit for this event, while also assuring that the event stays in downtown Niagara Falls for the duration of the agreement. BACKGROUND The Niagara Falls Santa Claus Parade has been a staple in the City of Niagara Falls for over eight decades. The first parade, organized back in 1949 was organized and implemented by the retail merchants division of the Greater Niagara Chamber of Commerce with a purpose to thank patrons for their high level of business enjoyed by the City’s merchants during the year and to usher in the holiday buying season. In later years, the event was organized in partnership with the Downtown Board of Management and the City of Niagara Falls Civic Committee. This event later transferred entirely to City’s Civic Committee at the turn of the most recent decade, which eventually led to the existing format of Recreation & Culture Staff coordinating the event exclusively since 2004. Page 264 of 703 2 R&C-2021-10 September 14, 2021 The COVID-19 Pandemic has brought many changes to the work environment, includin g delivery of services and role changes among City Staff. These forces, in conjunction with City Staff preparing to operate 2 new large facilities (MacBain Community Centre and the Niagara Falls Exchange) and the retirement of the primary City Staff lead who coordinated the Niagara Falls Santa Claus Parade, promoted staff to think of new ideas to deliver the large events. Priority is to determine how the events and programs can be delivered to accommodate other primary needs within the department. Taking the above information into consideration, City Staff approached the Niagara Falls Downtown BIA to see if they would be able and willing to host the Niagara Falls Santa Claus Parade. The BIA in turn expressed interest in coordinating and implementing the event, which led to both City Staff and the Niagara Falls Downtown BIA to negotiate a Fee for Service Agreement ensuring the event’s operation while continuing to be located in Downtown, Niagara Falls. ANALYSIS/RATIONALE The Niagara Falls Downtown BIA is the ideal candidate to take over the Niagara Falls Santa Claus Parade as this will ensure the sustainability of the event for the duration of the agreement while keeping the event within the downtown core, creating a catalyst for consumers to continue to visit the downtown retailers. The BIA is an experienced organization and well equipped with a new events team and strong leadership to manage large scale events such as the Niagara Falls Santa Claus Parade. By transferring over the parade to the BIA, the City will be able to maneuver existing City Staff duties to other new priorities within the department and will not dilute efforts with existing events and programming due to Staff burnout. This agreement will help to alleviate pressure from existing City Staff resources that can then focus on other existing opportunities at need. This transfer will bring the Niagara Falls Santa Claus Parade full circle to where it started back in 1949. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City will continue to support the Niagara Falls Santa Claus Parade through a Fee for Service payment to the Niagara Falls Downtown BIA for the sum of $14,000 annually for 3 years with an option to continue the agreement for an additional 2 years. This sum is identical to the allocation of funds to the Recreation & Culture Department to develop, organize and implement the event in 2021. Additional in-kind support will be granted to the Niagara Falls Downtown BIA including waiving of permit fees, road closures, event supplies and promotional support. A City Staff liaison will be made available to consult on issues related to the event. The transfer of the event planning and implementation will lead to operational efficiencies. The following City Staff time had been allocated to this event: - R&C CDC Lead – 500 hours - R&C support staff – 300 hours Page 265 of 703 3 R&C-2021-10 September 14, 2021 - TS support staff – 50 hours (including the elimination use of transit buses) - MW support staff – 150 hours - BS support staff – 50 hours CITY’S STRATEGIC COMMITMENT The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through fee for service agreement, the City will continue to help to enhance a sense of community for our residents and visitors. ATTACHMENT 1. Fee for Service Agreement – Niagara Falls Downtown BIA; 2. Niagara Falls Review Article circa 1950 Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 266 of 703 FEE FOR SERVICE AGREEMENT B E T W E E N : NIAGARA FALLS DOWNTOWN BIA (Hereinafter called the “Service Provider”) - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (Hereinafter called the “City”) WHEREAS the City of Niagara Falls requires certain services described as coordination and implementation of the Niagara Falls Santa Claus Parade. AND WHEREAS the Service Provider has undertaken to provide such services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 DESCRIPTION OF SERVICES 1.1 The Service Provider hereby agrees to provide the services and to perform the duties as described in Schedule “A” to this Agreement (hereinafter the “Services”) which Schedule is hereto attached and is an integral part of this Agreement. 1.2 The Service Provider undertakes to ensure that they provide the agreed upon Services in accordance with a high standard of care, diligence and skill. 1.3 All Services performed by the Service Provider under this Agreement shall be performed to the satisfaction of the City acting reasonably. If the City determines that any of the Services performed by the Service Provider are unsatisfactory, the Service Provider shall remedy the unsatisfactory Service upon receipt of notice specifying the nature of the Service determined to be unsatisfactory. Upon receipt of such notice from the City, the Service Provider shall promptly correct the unsatisfactory Service to the City's satisfaction. Page 267 of 703 2 3 TERM OF AGREEMENT 3.1 The Service Provider agrees to provide the Services for a 3 year commitment starting in 2021 with an additional option of 2 years, unless this Agreement is terminated earlier in accordance with the terms and conditions contained herein. The event must be completed annually in either the months of November or December. 4 FEES AND PAYMENT 4.1 The City agrees to make payment to the Service Provider for performing the Services under this Agreement in accordance with Schedule “B”, which Schedule is attached hereto and is an integral part of this Agreement. 5 AMENDMENTS 5.1 Changes in the scope of the work or Services or other terms and conditions of this Agreement shall be implemented only upon written authorization from the City and formal, written amendment to this Agreement. Fees for any such changes, where appropriate, shall be as mutually agreed upon by the parties hereto. 6 INDEMNIFICATION 6.1 The Service Provider shall exonerate, indemnify and hold harmless the City and its successors, officers, directors, agents, affiliates and employees from and against any and all liability, loss, cost, expense, damages, claims, fines, penalties, assessments or demands on account of injuries (including death) or other losses or damages to the Service Provider or the Service Provider’s employees, servants or agents or any other individuals associated with the Service Provider arising out of or resulting in any manner from or occurring in connection with the performance of the Services including but not limited to any claims for overtime pay, vacation pay, public holiday pay, notice of termination of employment (or termination pay in lieu of such notice), severance pay, wrongful dismissal, constructive dismissal, unjust dismissal, mental distress, wages, benefits, bonus, incentive compensation, disability, health, life, or other insurance premium payments or benefits, pension, interest, or any claims under any applicable laws relating to employment standards, labour relations, human rights, pay, equity, employment equity, occupational health and safety and workers’ compensation. 6.2 The Service Provider further acknowledges that the Service Provider, the Service Provider’s employees, servants and agents and any other individuals associated with the Service Provider have no entitlement and shall not have any claim against the City for any compensation or benefits of the type provided by the City to the City’s employees, including, without limitation, overtime pay, vacation pay, public holiday pay, notice of Page 268 of 703 3 termination (or termination pay in lieu thereof), severance pay, retirement benefits, employment insurance, Canada Pension Plan, workers’ compensation, disability, health or life insurance premium payments or benefits, wages, bonus or incentive compensation. 6.3 The Service Provider shall be solely responsible for all physical injuries (including death) to persons (including, but not limited to, employees of the City) or damage to property (including but not limited to property of the City or the Service Provider or its employees, servants or agents or any other individuals associated with Service Provider) resulting from the negligent acts of the Service Provider or the Service Provider’s employees or individuals associated with Service Provider, and shall indemnify and hold the City harmless from loss and liability in respect of any and a ll claims on account of such injuries or damage. Such indemnification shall include indemnification for acts of the Service Provider’s employees and any individuals associated with the Service Provider that constitute crimes, such as theft, and intentional misconduct, while at any City facilities. The Service Provider shall be responsible for workers’ compensation claims filed by the Service Provider’s employees, servants or agents and any individuals associated with the City. 7 TERMINATION 7.1 This Agreement may be terminated by either party on 4 months’ notice to the planned date of the next scheduled event in writing to the contact noted in section 7 herein. 8 NOTICES 8.1 Any notice, request or other communication hereunder to either of the parties hereto in connection with this Agreement shall be in writing and be well and sufficiently given if sent by prepaid registered mail or delivered to the other party at its address as follows: Email Address: kmoldenhauer@niagarafalls.ca City of Niagara Falls 7150 Montrose Road Niagara Falls, Ontario, L2E 3M3 Attention: Kathy Moldenhauer Email Address: chair@downtownniagarafalls.com Niagara Falls Downtown BIA 4605 Queen Street Niagara Falls, Ontario, L2E 2L7 Page 269 of 703 4 8.2 Any notice to either party may be given by prepaid registered mail addressed to such party at its address as above stated and any notice so given shall be deemed to have been duly given on the second business day after which the envelope containing the notice was deposited, prepaid and registered in a post office. In the event of an interruption of mail service, all notices shall be delivered by personal delivery on the other party. 9 ENTIRE AGREEMENT 9.1 This Agreement supersedes and replaces any prior agreements (oral or written) between the City and the Service Provider with respect to the Services, and expressly discharges the City from any and all obligations and any existing or potential liabilities or claims arising out of any prior agreements for services. This Agreement (and the documents incorporated by reference in this Agreement) contains the entire agreement between the parties. Neither the parties, nor their agents, shall be bound by any terms, conditions, statements, warranties or representations not herein contained. No modification, extension or alteration of this Agreement shall be legally binding on either party unless executed in the same manner and form as this Agreement. The Service Provider shall not subcontract any portion of this Agreement, or the Services required hereunder, without the prior written consent of the City. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement this ____________ day of _______________. NIAGARA FALLS DOWNTOWN BIA THE CORPORATION OF THE CITY OF NIAGARA FALLS Per:______________________ Per: Ron Charbonneau Kathy Moldenhauer Chair Niagara Falls Downtown BIA Director of Recreation & Culture Page 270 of 703 5 SCHEDULE “A” DESCRIPTION OF SERVICES AND DUTIES The intention of this event is to provide a community celebration activity in the form of a parade during the winter holiday months where residents can collectively come together to take part in observing the parade and participate in other holiday activities. The theme for this parade is to be Santa Claus. Format The main format for the event is to be a free community parade with the theme focusing on Santa Claus. The branding of the event is to include the name “Santa Claus Parade” within the title. The event is to take place along Queen Street in the City of Niagara Falls, Canada with the potential of utilizing other connected existing streets throughout the area for the purposes of the parade, staging and parking. All activities throughout the celebration must be family friendly and free to the public. Paid activities can include vendor opportunities if applicable. Any “meet & greet” opportunities with Santa Claus available to the public must be free of charge. Parade content is to include a minimum of 50% local (Niagara Region) participants with the parade and a minimum of 50% local (Niagara Region) vendors. Certificates of insurance for a minimum of $2,000,000 liability must be acquired by all parade participants and vendors. Appropriate protocols will need to be adhered to including any existing government orders due to the COVID-19 Pandemic or any other government public notices. The Service Provider will be able to determine the appropriate date and time of day to deliver the service. The event is to take place anytime during the months of November and December annually with the preference of being on a weekend date. Appropriate security and emergency measures must be in place in order to conduct the event to ensure the safety of the public, participants and potential hazards. The Niagara Regional Police, Niagara Falls Fire Department and Niagara Region Public Health must be notified and consulted during preparations for the event. An Event Emergency Plan is to be developed and followed during the event. Any land use agreements must be in place prior to the start of the parade. A complete layout, including a map will need to be reviewed by City of Niagara Falls Staff prior to the event. All approvals for permits and road closures must be completed prior to the start of the event. Volunteer recruitment for the event is exclusively the responsibility of the Service Provider. Notice letters will need to be sent/delivered to any property owner that will be directly affected by the parade in terms of road closures or altered traffic at a minimum of 3 weeks prior to the event. Page 271 of 703 6 The Service Provider will be responsible for the coordination of set-up and clean-up prior to and after the event. All garbage, supplies/props must be removed within 24 hours of the event. All expenses, but not limited to that are outlined in schedule “A” are to be paid for by the Service Provider. The City of Niagara Falls will not burden and further expenses other than the fee-for-service amount indicated in schedule “B”, plus in-kind services outlined in schedule “A”. Other requested funds or in-kind support will need to be taken to City Council on condition of approval. Marketing & Sponsors Any use of the City of Niagara Falls logo will need to be approved prior to use. Approval can be acquired through the City of Niagara Falls Communications Department. All media develop in all formats will be the responsibility of the Service Provider. It is the sole responsibility of the Service Provider to acquire any type of sponsorship for the event. Sponsorship cannot include any of the following sectors: Religious or political affiliations, tobacco/alcohol/cannabis or other drug related products or companies, adult entertainment, lobbyist organizations or illegal enterprises. Other In-Kind Services provided by the City of Niagara Falls All permit fees for road closures will be waived by the City of Niagara Falls. The City of Niagara Falls Transportation Department must be consulted in coordinating any road closures. All locally municipal parking lots within a 2 kilometre radius will be made available and free of charge for use of public parking and staging during weekends and holidays. Council approved waiving of fees for parking lot use during weekdays will need to be acquired by the Service Provider prior to the event. The City of Niagara Falls will help support the event through promotional means utilizing print and social media streams. Advertising within City facilities infocasters will be complimentary. All branding material must be provided by the Service Provider in order to implement these opportunities. A City of Niagara Falls Liaison from the Recreation and Culture Department will be accessible throughout the planning process to help with any municipal questions that arise. Request for use of other City of Niagara Falls event equipment such as, but not limited to tents, safety vests, sign boards and pylons, can be utilized at the distraction of the City Staff Liaison depending on availability. Extra garbage cans will be provided by City Staff prior to the event and collected after the event. Other use of City of Niagara Falls staff, such as, but not limited to Transit, By-Law and Parking, would need a request to Council to waive any associate fees related to mobilization and activity that relates to the event. Page 272 of 703 7 SCHEDULE “B” FEES AND PAYMENT The Service Provider shall provide the Services for a total fee of $14,000 DOLLARS ($), payable according to the following schedule: Single Payment to the Niagara Falls Downtown BIA, providing an invoice 15 days prior payment date: Year 1 – September 28, 2021 Year 2 – September 27 – 2022 Year 3 – September 26, 2023 Year 4 (option) – September 24, 2024 Year 5 (option) – September 23, 2025 Payment will be by cheque to the Service Provider to the following address: Name: Niagara Falls Downtown BIA Address: 4605 Queen Street, Niagara Falls, Ontario, L2E 2L7 NOTE: The fee for service of $14,000 per year will continue for the duration of the agreement. Increases are not permitted. Page 273 of 703 _ uwnr..nm%m%§7.max.on /ma?a}. ro.MmmWm.»mMmmm, Mw1mm M? , .nmg;M.T.M y ,gm.r.z/ Www??w4 .& Rwzwmmmw mnwmm?,?:w mmx,... mm,mW. $.......@.".m Wmmmmm%M. mamaM?w,mmW§._,...% ~.~ Maw?n2WWW??Ma %Wm WE5.w ...an m. atmi,M. ,.zwcémmm. __ ..3,M.rim{ maymum.mw»@,,m... .;?aw.M 4.._ /. 1 l u: Page 274 of 703 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM September 7th, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, Each year, the holiday season brings joy and community to downtown with the Santa Claus Parade. Thousands fill our street for this staple event which celebrates the spirit of giving in the heart of our community. On this note, the Downtown Niagara Falls Board of Management would like to express its gratitude to Lori Albanese for her years of the Santa Claus Parade planning and constant support of our community. We congratulate her on her retirement, and thank her for always setting the bar so high. To ensure the celebration continues for 2021, the BIA has approved to execute the planning and operations of the Santa Claus Parade to ensure it remains downtown. However, the Downtown BIA is seeking additional financial support, not outlined in the staff recommendation, in the amount of $2500 to cover wages for the position of planning. The cost of this event was not calculated in our 2021 annual budget, and the additional amount would help offset the employers portion of a federal wage subsidy grant. With these contributions, we look forward to celebrating another successful Santa Claus Parade. Sincerely, The Board of Management for Downtown Niagara Falls Page 275 of 703 R&C-2021-11 September 14, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2021-11 2021 Arts & Culture Wall of Fame Inductions RECOMMENDATION That Council approve the following 2021 Arts & Culture Wall of Fame Inductees: Tim Hicks Rivoli Iesulauro Maria Vetere EXECUTIVE SUMMARY The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts & Culture Wall of Fame. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year’s Induction Ceremony is scheduled for October 30, 2021, with the location unconfirmed at this point. BACKGROUND On August 12, 2021, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 20 21 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted into the Wall of Fame: a) Outstanding achievement in their artistic or cultural field; Page 276 of 703 2 R&C-2021-11 September 14, 2021 b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time ; d) Community Sponsors must have a minimum of five (5) ye ars of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. The Wall of Fame was previously housed at Niagara Square. It is currently being housed at the Niagara Falls Public Library on Victoria Avenue with plans to incorporate it into the Niagara Falls Exchange once completed. The Wall of Fame has done an excellent job at highlighting the achievements of many residents. It highlights those who have achieved fame on a global scale, as well as those who have contributed out of the spotlight , but are essential to the ongoing cultural community of Niagara Falls. ANALYSIS/RATIONALE The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture’s contribution to our daily lives and will hopefully inspire future artists, community builders, and community sponsors. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. The Rationale for the changes to the policy include the desire to permit attention at the award ceremony and on the wall for the most worthy of candidates and ensure that those that do contribute greatly to our community are properly highlighted and given the attention that they deserve. Page 277 of 703 3 R&C-2021-11 September 14, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Staff will coordinate the Induction Ceremony and have budgeted $3,600.00 from the Arts & Culture Committee budget for framing of bios and photos, keeper plaques for inductees and the ceremony. CITY’S STRATEGIC COMMITMENT The City’s Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. LIST OF ATTACHMENTS 1. Background Information on 2021 Arts & Culture Wall of Fame Inductees Recommended by: Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 278 of 703 Background Information on 2021 Arts & Culture Wall of Fame Inductees Tim Hicks Niagara Falls-born Tim Hicks is undeniably one of Canada’s Country superstars since his debut single in 2012. With 3 Platinum singles and one double-Platinum, his other accolades include 9 Gold singles and a Gold album, 17 CCMA nominations and a win for Rising Star in 2014, 4 JUNO nominations, 3 CMAO wins along with a whopping 24 nominations, 18 top 10 radio hits, and 87 million collective streams as well as 3 consecutive wins of the Nielsen Compass Award at the CCMAs, which recognizes an artist for the most total content plays. His single ‘Loud’ was licensed by the NHL for the 2020 Stanley Cup championships, and was chosen as the goal song for Team Canada in the 2020 IIHF World Junior Hockey Championships. Even with his massive success, Hicks still splits his time between Nashville and Niagara with his family when he isn’t on sold-out headlining tours. Rivoli Iesulauro Rivoli was born and raised in Niagara Falls, Ontario, and began his formal piano training at age 13. Though he briefly left to study in New York City and Toronto it was here that he returned to pass on his incredible talent for music to hundreds of future piano students. He has taught all levels of piano in Niagara Falls for over 50 years, and he has always celebrated the accolades of his students rather than himself - and among the ranks of these former students is Stephan Moccio, an award-winning musician and composer and a Wall of Fame inductee from 2007. His dedication and commitment to his students and to furthering the careers of Niagara Falls’ future musicians has always been extraordinary, and his many awards for teaching as well as the success and eternal gratitude and affection of his many students speak to Rivoli’s remarkable character. Maria Vetere Maria Vetere is a “triple threat artist”: performer, scholar, and sought-after teacher with a BA in Music Magna Cum Laude from NY State University and an MA and PhD in Historical Musicology. A world-class Italian soprano, she has performed in North America, Europe, Britain, and South America and in 2019 she made her much-lauded debut at Carnegie Hall. In 2015 she co-founded Operavision Academy with Aprile Millo, which is now recognized by the Government of Canada as a cultural exponent of Canada, and in 2017 she founded the first Opera company in the Niagara region - Opera Niagara - making Niagara Falls a recognized operatic city. Her ‘Vetere Studio International’ garners global attention and boasts 60 singers. Though her endeavors bring her around the world, she still lives in the heart of Niagara Falls where she was born and raised and works to highlight Niagara on a global scale. Page 279 of 703 R&C-2021-12 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2021-12 MacBain Community Centre Operating Plan RECOMMENDATION 1. For the City of Niagara Falls, Recreation & Culture Department to assume full operating and programming responsibilities for the MacBain Community Centre. 2. To approve the hiring of nine new full time positions and part-time staff to provide aquatics, community programming, customer service, facility management and corporate communications services for the MacBain Community Centre. 3. To recruit and hire the five non-union positions this fall (2 months) and to amend the 2021 operating budget by an amount of $83,250 to cover the additional labour expenses and benefits to be funded through the HR stabilization reserve. 4. To initiate the process of relocating the Coronation Centre older adult programs and activities to the MacBain Community Centre. EXECUTIVE SUMMARY The Niagara YMCA permanently closed the Niagara Falls YMCA branch effective January 21, 2021. With the exit of the main facility tenant the City issued an Expression of Interest to investigate future use of this space. City Council was informed of the submissions at the March 23, 2021 in camera meeting. Staff was directed to develop a tentative schedule for the gymnasium focusing on local youth organization submissions. City staff have developed a tentative schedule for the aquatic facility, gymnasium, the upstairs – former YMCA space and the racquetball courts. All facility users are willing to pay a fair rate for their hourly rentals. R&C staff have developed a plan to declare the Coronation Centre surplus and to sell off the facility and property subject to council approval. The older adult programming and activities would be transferred to the MacBain Community Centre. The older adults would Page 280 of 703 2 R&C-2021-12 September 14, 2021 have exclusive use of the upstairs, former YMCA cardiovascular and weight room. Renovations are required for this space, approximately $400,000 to accommodate the members. The members would also have use of the multi-purpose rooms and track. Members would be charged an extra fee for access to the pool and aquatic programs. Autism Ontario- Niagara Chapter submitted a proposal to lease main floor rooms B/C and the former child care space for their office and progr ams. The organization has also requested the use of the gymnasium and pool and are willing to pay the applicable hourly rate. BACKGROUND The MacBain Community Centre opened September 2005. The 110,000 square foot, City owned facility currently houses the City of Niagara Falls Customer Service Office, Niagara Falls Library, Big Brothers and Big Sisters office, café, gymnasium, indoor pool, change rooms, community boardroom and multiple purpose rooms. The proposed tenants and organizations will focus on the following services and priority groups: Provide recreation and wellness programs and services to everyone in the community including aquatics; Provide services for preschool, children, youth and older adults living in Niagara Falls. Commencing March 2021 the MacBain Community Centre has hosted the Niagara Region Public Health COVID vaccine clinics. The Centre will continue to host the clinics until the end of the year. Based on the current use of the facility, the Centre will not fully open until January 2022. This fall limited Monday to Friday daytime programming, repairs and proposed renovations will be implemented. ANALYSIS/RATIONALE The Recreation, Culture and Parks ten year Plan is currently in the third phase with the consultants analyzing the engagement comments received from the community, stakeholders and staff. Organized youth sport organizations and the public are challenged by availability and the rental cost for school gym space. To develop an effective facility operating model and facility tenants, staff recommend the City retain full control for the gymnasium and swimming pool. With the City allocating the space it is easier to permit space to a variety of groups rather than to one group. Attachment #1 illustrates a proposed gymnasium schedule. Tenants can be allocated agreed upon hours in the gym or pool. Page 281 of 703 3 R&C-2021-12 September 14, 2021 All facility users will be charged a competitive hourly rental rate or per square foot lease rate. Rates will be determined by the status of the organization – nonprofit or private and will be compared to other Niagara municipalities. Attachment #2 lists proposed rental rates and fees. Staff is recommending the Coronation Centre older adult programs and activities be transferred to the MacBain Community Centre. The Coronation Centre building is an ageing facility. The current building has limited accessibility with narrow hallways and washrooms. Parking is limited with two separate parking areas. In the next five years, the building will require capital improvements to the parking lot, HVAC and washrooms. The Coronation Centre was recently appraised to determine the potential value. Renovations and equipment required for the MacBain Community second floor will cost approximately $450,000. The proposed capital expenses will be a 2022 capital budget preapproval, to be funded by the proceeds of the sale of the Coronation Centre. The remaining funds from the sale proceeds will be allocated to corporate land sales account. The report’s first recommendation, For the City of Niagara Falls, Recreation & Culture Department to assume full operating and programming responsibilities for the MacBain Community Centre, will significantly enhance the community’s access to the indoor recreation facility. At the present time, residents can only access the city’s five outdoor pools for 10 weeks during the summer months. The cost to operate the pools for this limited time period is $558,000. If the city is responsible for maintaining and programming the MacBain Community Centre aquatic facility residents with have access to the indoor pool 52 weeks. Lessons and leisure swim can be enjoyed throughout the year. Approximate cost to operate an indoor pool including a full time supervisor is $700,000. The service level for aquatics will effectively double for this service. Service levels will also be enhanced with access to a municipally owned gymnasium, walking track and squash/racquetball courts. In the past the gymnasium, courts and walking track could be accessed only through a YMCA membership or for a limited time period. FINANCIAL/STAFFING/LEGAL IMPLICATIONS To operate and program a multi-use Community Centre additional non-union and union staff positions are recommended. A new Manager of Recreation Services position for the MacBain Community Centre is proposed to be responsible for the overall supervision of the activities, customer service, programs, staff and facility management. The MacBain CC customer service representatives, the Facility Supervisor and the Community Development Coordinators will report to this position. The Manager will be the facility liaison with the Communications staff. Page 282 of 703 4 R&C-2021-12 September 14, 2021 A Facility Supervisor will be required to maintain the centre, respond to day to day facility issues and to supervise the caretaker positions. The Supervisor will be responsible for the indoor aquatic facility maintenance and the five outdoor pool maintenance. Arena/pool operators will be responsible for the maintenance of the indoor aquatic facility. As required this positions will also assist with maintenance at other R&C facilities. To reduce costs, the vacant Community Development Coordinator position (recent retirement) will be revamped to the Facility Supervisor position. To operate a Community Centre seven days a week, 10 – 12 hours per day, additional front line staff resources will be required. The YMCA had maintained the building with a crew of 2 staff per shift. To ensure the building is maintained to a high standard, two new caretakers will need to be hired. The two Coronation Centre caretakers will be transferred to MacBain Community Centre effective January 1, 2022 or sooner. Contract cleaners may be hired for deep cleaning during non-operating hours. Additional recreation front line administration staff will also need to be hired to perform customer service duties at the former YMCA service desk. At the present time there is only one R&C Clerk assigned to MacBain Community Centre. The Coronation Centre Customer Service Representative (CSR) will be transferred to MacBain CC plus one new CSR will be hired. The three administration staff match the current staffing level for the Gale Centre. Administration and cleaning staff will work 8 – 10 hour shifts. A new Aquatic Supervisor will be added to the MacBain CC staff team. The Aquatic Supervisor will be responsible for the supervision of the aquatic staff, aquatic programs and services. Additional aquatic staff, lifeguards and instructors will also need to be hired for the aquatic facility. The attached budget lists one new non-union Aquatic Supervisor and part time lifeguards and instructors. Building Services has requested one additional new staff person, a Facility Technologist to support the MacBain Community Centre and the new culture facility, the Niagara Falls Exchange to be opened June 2022. A future report with additional Building Services staffing requests will be presented to council this fall. Communications Staffing Plan With the relaunch of the MacBain Community Centre programming for senior and community-wide use, and opening of The Exchange Culture Hub and Market and associated events and activities, the City is positioned to exponentially increase our Recreation & Culture offerings. These are significant investments in our community by Council, however, neither Recreation & Culture nor Corporate Communications have the resources required to adequately support these initiatives from a communications and marketing perspective. In fact, a City of Niagara Falls Communications Review, undertaken by Redbrick Communications in 2019, provided a business case for additional communications capacity for the City. Most municipalities the size of Niagara Falls have a team of 8 sta ff Page 283 of 703 5 R&C-2021-12 September 14, 2021 in corporate communications, whereas the City currently has 2.5 staff dedicated to Communications. Additional staffing is required as soon as possible to provide sufficient time to prepare marketing and communications strategies and collateral/material to educate residents and promote these new programs and events, and to support needs for the long term. And while the priority will be on Recreation & Culture for the next year, the City of Niagara Falls will continue to benefit from these positions across the Corporation for years to come. The three roles proposed below align well with the City’s shift to a central and enhanced corporate communications division that has goals to elevate communications, create efficiencies and build a stronger City identity and presence. As such, the proposed positions would fall under Corporate Communications working alongside Recreation and Culture staff. The MacBain Community Centre programming and the Exchange Culture Hub initiative would benefit from the new communications model since central teams are more highly collaborative and work together to solve issues and communications challenges. Having these roles join existing Corporate Communications staff at the City will result in more innovative approaches, stronger messaging, increased public engagement and more capacity to measure outcomes and evaluate success. The Corporate Communications positions necessary to support these new Recreation & Culture initiatives, meet their ongoing communications and marketing nee ds, and help them flourish include: Communications Officer: This position will absorb all current communications activities of the Recreation & Culture Department and will support other city departments. Several opportunities can be leveraged, such as: o The strategic approach to Recreation and Culture communications would become more aligned and consistent with the corporate -wide approach. o The City’s brand identity would be strengthened. o Central oversight means communications and marketing workloads are better prioritized and clearer expectations are set. o Social media would be scheduled appropriately and aligned with corporate channels and messaging. Each channel would be used more effectively and follow best practice. o Review and approvals processes would be more efficient, saving staff time and resulting in a stronger end product to the public. Marketing and Advertising Officer: With the opening of the Niagara Falls Exchange, and the reopening of the MacBain Community Centre for new recreational programming, a Marketing and Advertising position is vital to creating marketing strategies to encourage enrollment, increase participa tion, generate revenue and promote the City as a vibrant and connected community to local stakeholders. Page 284 of 703 6 R&C-2021-12 September 14, 2021 In order for the MacBain Community Centre and The Exchange to be successful in attracting as many people as possible, and we need focused capacity in marketing and advertising. This role differs from the Communications Officer Position which is more concentrated on raising awareness and education regarding our programs and services, and less focused on research and revenue generation. Primary responsibilities of this position would include: o driving utilization and awareness of facilities, programming and events and revenue generation o conducting market analysis research and identify consumer trends and challenges o developing strategic marketing plans, strategies and tactics to reach community segmentations o developing advertising strategies and targeted media buys o conducting community outreach (ex. partnerships, comprehensive community-based needs assessment survey etc.) o evaluating success and failures in order to meet customer expectations and improve experiences (ex. customer journey mapping) o strengthening brand awareness Graphic Design Specialist: Communicating visually is more important than ever. Strong visual content results in greater impact and is more easily remembered than text. A Graphic Designer would be responsible to provide high quality graphic design services and advice across the organization to enhance the professional image and reputation of the City of Niagara Falls and its operations, and to promote our programs and services. This position would support the marketing and communications needs for the corporation, including the MacBain Community Centre and Niagara Falls Exchange, with a focus on working with the Marketing and Advertising Officer to develop creative content, layout, and design. Hiring a certified Graphic Designer would reduce pressure on existing staff who are not trained in graphic design. Even though they do an excellent job on design, it takes them longer and pulls them away from needed communications strategy and development work. At present, Communications staff spend over 60% of their time on graphic design work. Having a trained professional focused solely on design work would mean communications staff have more capacity to leverage their specific skillsets of working with departments on developing and implementing effective strategies to meet objectives, drafting content, working with the media and more. Page 285 of 703 7 R&C-2021-12 September 14, 2021 New City Position Department # of positions Manager of Recreation Services R&C 1 non-union Aquatic Supervisor R&C 1 non-union Facility Supervisor (former CDC position) R&C Existing complement Customer Service Representative (CSR) R&C 1 union Caretaker R&C 2 union Aquatic Staff R&C Part-time instructors and lifeguards Facility Technologist Building Services 1 union Marketing and Advertising Officer Position Corporate Communications 1 non-union Graphic Designer Position Corporate Communications 1 non-union Junior Communications Officer Position Corporate Communications 1 non-union A facility budget is attached, Attachment #3. The overall budget includes aquatic maintenance and programming, facility maintenance including utilities and staffing, older adult programming and facility rentals and additional programming. The approximate net operating cost including new and current R&C positions to operate and program the MacBain Community Centre is $1.7 million. With the additional cost of debt repayment – principle and interest the total cost is $2,690,655. However the Coronation Centre expenses and the majority of MacBain Community Centre expenses are currently included in the 2021 operating budget. Based on the approved Coronation Centre and MacBain Community Centre budgets the approximate new net cost to maintain and operate the MacBain Commu nity Centre is approximately $700,000. Corporate Communications and Building Services staff total cost is $328,125. These costs will also support the Niagara Falls Exchange. The city of Niagara Falls will continue to benefit from these positions across the Corporation for years to come. Due to the cost implications staff have developed some alternative options for Council to consider: 1. Service Level Reduction: The addition of the MacBain pool repres ents a doubling of our aquatic services. Council can choose to reduce the service level by reducing the number of outdoor pools operated. By not opening up one outdoor pool; annual savings of approximate $100,000 can be obtained. Page 286 of 703 8 R&C-2021-12 September 14, 2021 2. Operating hours Reduction: Reduce the total number of operating days and/or hours of the MacBain Community Centre. 3. Mid Year Start: Start the full reopening of MacBain Community Centre partway through 2022 rather than a full opening in January. By delaying the reopening will allow the financial impact to be spread over two years. CITY’S STRATEGIC COMMITMENT Infrastructure Sustainability, to operate, maintains and upgrades the City’s infrastructure and other assets in an affordable, reliable, environmentally sustainable and integrated way. LIST OF ATTACHMENTS 1. Draft gymnasium schedule 2. Proposed MacBain Community Centre Rates and Fees 3. Draft MacBain Communication Centre Operating Budget Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 287 of 703 The MacBain Community Centre Report to Council September 14, 2021 Page 288 of 703 2 0 0 5 J A N U A R Y 2 1 , 2 0 2 1 M a c B a i n C o m m u n i t y C e n t r e o p e n e d t o t h e p u b l i c C o u n c i l r e c e i v e s E x p r e s s i o n s o f I n t e r e s t a n d d i r e c t s s t a f f t o d e v e l o p s c h e d u l e d a c t i v i t i e s N i a g a r a F a l l s Y M C A p e r m a n e n t l y c l o s e s t h e M a c B a i n C e n t r e B r a n c h M A R C H 2 3 , 2 0 2 1 M A C B A I N C O M M U N I T Y C E N T R E Timeline Page 289 of 703 The new MacBain Community Centre Page 290 of 703 build and maintain an active lifestyle that is foundational to a happy and healthy life enable and facilitate inclusive activities connect and socialize take pride in a rejuvenated, vital gathering place post-COVID. Our purpose is to provide a place for the community to: Preschool, children, youth, and older adults living in Niagara Falls. Our priority groups are: Mission, Purpose and Priority Groups To provide recreation and wellness programs and services to the community. MacBain Community Centre Mission: M A C B A I N C O M M U N I T Y C E N T R E Page 291 of 703 Draft Recreation, Culture & Parks Plan Recommendations A minimum of two gymnasiums and two indoor pools (the other is at the Boys & Girls Club) are available to serve Niagara Falls residents M A C B A I N C O M M U N I T Y C E N T R E Page 292 of 703 Enhanced Customer Service Levels and Benefits to the Community Access to the only municipally owned and operated indoor swimming pool Access to the only municipally owned and operated gymnasium Community space for local organizations to rent Access to the only municipal squash/racquetball courts in the City Home to one of two indoor walking tracks accessible to City residents Improved dedicated indoor and outdoor activity space for older adults New scheduled programs and activities M A C B A I N C O M M U N I T Y C E N T R E Page 293 of 703 Proposed Space Allocations Page 294 of 703 M A C B A I N C O M M U N I T Y C E N T R E First Floor Page 295 of 703 M A C B A I N C O M M U N I T Y C E N T R E Second Floor Page 296 of 703 Community Use* Indoor walking track Indoor Swimming Pool (swimming instructions, free/lane swim times) Gymnasium Multipurpose rooms Niagara Falls Public Library Cafe Older Adults Exclusive use of 2nd floor former YMCA cardiovascular and weight room to be converted to programming space ($400,000 from sale of Coronation Centre) Autism Niagara Exclusive use of 1st floor rooms B/C and second floor office space Gymnasium Red Raiders Basketball Niagara Rapids Volleyball Autism Niagara Older Adult fitness activities Early ON (Early Years drop in program) *City of Niagara Falls retains full control of gymnasium, pool and walking track. M A C B A I N C O M M U N I T Y C E N T R E (Niagara Chapter) Proposed Space Allocations Page 297 of 703 Operations 7 days per week 10-12 hours each day Page 298 of 703 Caretakers (2) Customer Service Representatives Arena/Pool Operators and Supervisor Division NotesExisting Staff Coronation staff transferred to MacBain Community Centre (MCC) To operate a Community Centre 7 days/week, 10 – 12 hours/day additional staff resources will be needed for cleaning. The YMCA maintained the building with a crew of 2 staff for each of two shifts. The 2 existing Coronation Centre caretakers will be transferred to MCC effective January 1, 2022 or sooner to supplement the two new staff recommended on the next slide. Existing MCC staff (1) Existing Coronation Centre staff (1) It will be important to provide excellent customer service at the new Community Centre service desk. At present, there is only 1 R&C Customer Service Representative (CSR) assigned to MCC. The Coronation Centre CSR will be transferred to MCC. One new CSR will be hired, as recommended on next slide. The total of 3 administration staff match the current staffing level for the Gale Centre. Existing R&C staff Existing staff will be responsible for the maintenance of the indoor aquatic facility. STAFF NEEDED TO MAKE OUR PURPOSE A REALITY M A C B A I N C O M M U N I T Y C E N T R E PART 1 Page 299 of 703 Manager of MacBain Community Centre Aquatic Supervisor Department ResponsibilitiesNew Position Recreation and Culture Overall supervision of the Centre’s activities, customer service, programs, staff and facility management. Direct reports include Customer Service representatives, Facility Supervisor, Community Development Coordinators. Liaison with Communications staff. Recreation and Culture Community Centre maintenance, day to day facility issues. Indoor aquatic facility maintenance and maintenance of the five outdoor pools. Direct reports include the Caretaker positions. Recreation and Culture Supervision of aquatic staff, programs and services Facility Supervisor STAFF NEEDED TO MAKE OUR PURPOSE A REALITY M A C B A I N C O M M U N I T Y C E N T R E PART 2 (vacant Community Development Coordinator position)Page 300 of 703 Customer Service Representative Department ResponsibilitiesNew Position Recreation and Culture Customer service duties at front desk Recreation and Culture Building cleaning and maintenance to a high standard on a daily basis Recreation and Culture Supervise swim times and teach swim lessons. Caretakers (2) Aquatic Staff (Part time instructors and lifeguards) Facility Technologist Building & Enforcement Services Support building mechanics and systems at the Community Centre (including the indoor pool system) and new Exchange buildings. A future report with additional Building Services staffing requests will be presented to council this fall. STAFF NEEDED TO MAKE OUR PURPOSE A REALITY M A C B A I N C O M M U N I T Y C E N T R E PART 3 Page 301 of 703 Marketing & Advertising Officer Department ResponsibilitiesNew Position Communications Prepare and implement marketing strategies to advertise opportunities, encourage enrollment, increase participation and generate revenue for MacBain Community Centre , The Exchange and other city programs and activities. Review program and event analytics to improve participation, and quality of offerings. Communications Graphic design work to support new and ongoing needs at MacBain Community Centre , The Exchange, Recreation & Culture and other city programs and activities. Graphic Designer Communications Officer Communications Support Recreation & Culture communications needs, as well as needs across the Corporation. Centralizes communication within the Corporate Communications team. STAFF NEEDED TO MAKE OUR PURPOSE A REALITY M A C B A I N C O M M U N I T Y C E N T R E PART 4 Page 302 of 703 SEPTEMBER 14, 2021 MacBain Community Centre Operating Plan - Report to Council SEPTEMBER 20, 2021 Election night SEPTEMBER 10-13, 2021 Advance polls SEPTEMBER 28, 2021 COVID Clinic moves to 2nd floor multi-purpose rooms WHAT'S NEXT M A C B A I N C O M M U N I T Y C E N T R E Page 303 of 703 WHAT'S NEXT OCTOBER 2021 MyCity Customer Service Centre reopens Monday to Friday 8:30am – 4:30pm Preschool and select Older Adult programming commences Recruitment and hiring of new non-union staff commences Development of detailed programs and room and pool schedules Building renovations to 2nd floor Older Adults area underway General painting and repairs begins Swimming Pool repairs and testing of systems are undertaken DECEMBER 2021 Recruitment and hiring of Unionized staff NOVEMBER 2021 Non-union staff in place Creation of communications & marketing plans for the Centre JANUARY 2022 Grand Reopening of the Community Centre M A C B A I N C O M M U N I T Y C E N T R E Page 304 of 703 Approximate net operating cost including new and current R&C positions to operate and program the MacBain Community Centre is $1.7 million. With the additional cost of debt repayment – principle and interest the total cost is $2,690,655. Coronation Centre expenses and the majority of MacBain Community Centre expenses are currently included in the 2021 operating budget. Based on the excluding the approved budget expenses the approximate net cost to maintain and operate the MacBain Community Centre is approximately $700,000. Corporate Communications and Building Services cost for four staff is $328,125. These costs will support MacBain Community Centre the Niagara Falls Exchange. The City of Niagara Falls will continue to benefit from these positions across the Corporation for years to come. Costs M A C B A I N C O M M U N I T Y C E N T R E Page 305 of 703 Tonight's Motions For the City of Niagara Falls, Recreation & Culture Department to assume full operating and programming responsibilities for the MacBain Community Centre. 1. To approve the hiring of nine new full time positions and part-time staff to provide aquatics, community programming, customer service, facility management and corporate communications services for the MacBain Community Centre. 2. To recruit and hire the five non-union positions this fall (2 months) and to amend the 2021 operating budget by an amount of $83,250 to cover the additional labour expenses and benefits to be funded through the HR stabilization reserve. 3. M A C B A I N C O M M U N I T Y C E N T R E To initiate the process of relocating the Coronation Centre older adult programs and activities to the MacBain Community Centre. 4.Page 306 of 703 Mon Tues Wed Thurs Fri Sat Sun 8:00am 8:30am EarlyON EarlyON EarlyON EarlyON EarlyON 9:00am 830am-1030am 830am-1030am 830am-1030am 830am-1030am 830am-1030am 9:30am 10:00am 10:30am 11:00am 11:30am 12:00pm 12:30pm 1:00pm 1:30pm 2:00pm 2:30pm 3:00pm 3:30pm 4:00pm 4:30pm 5:00pm 5:30pm Rapids V-Ball Rapids V-Ball 6:00pm NF Red Raiders 530pm-10pm NF Red Raiders 530pm-10pm NF Red Raiders 6:30pm 6pm-930pm 6pm-930pm 6pm-930pm 7:00pm 7:30pm 8:00pm 8:30pm 9:00pm 9:30pm 10:00pm MacBain Gymnasium A - Fall/Winter Page 307 of 703 Attachment #2 MacBain Community Centre: Draft – Rental and Programs Rates and Fees Aquatics -new Leisure Swim Child/youth $3.50 Adult $4.50 Senior $3.50 Family $11.00 Swim Lessons 30 minutes $38.00 Fitness Classes Drop in - adult $5.50 Drop in - CC $4.50 Rental Rates Gymnasium Youth $25.00/hour Youth 1/3 gym $10.00/hour Adult $50.00/hour Adult 1/3 gym $20.00/hour Squash Courts Youth/Older Adult nonprime $10.00/hour Adult $15.00/hour Multi-purpose room D/E private $120.00 Non-profit $60.00 Coronation room private $60.00/hour Non-profit $30.00/hour Walking Track exclusive rentals Evenings and weekends $25.00/hour Walking Track Evenings after 5 pm and weekends $5.00/visit Coronation Centre Rates Annual Membership resident $40.00 (current $33.00) Out of town $80.00 (current $37.00) Gold member (access to change room, unlimited use of walking track and fitness room) resident $100.00 Out of town $200.00 Page 308 of 703 Page 309 of 703 $m.mE.$.E2 oomwmmmm2,_m_>m~_:<E>o omm.mom.~m-mmzmemj<E>o oomdmmm5zm>mm._<._.O._. mwqoomaw oo?nmawmnzmim25» ._<_.O._. ooqmomwmzzmix._<._.O._.mmmsonmmmmzmaxm._<._.O._.“amuseNmcmnew-¢m._.m<_>_MESH.>._._ZD_>:>_OUz_<mu<_>_Page 310 of 703 Sodom»mnzmim._<._.O._. mmms?mmwmzwzxuE5» oood?mE<>_E\W_oo:um.352%. 80.2%._.E<30<>.:Z3_>__>_Ou oooxw?m_>__>>mzio.wM23U39: ooqom?mmzomm?_>:>>m :mEm.:_Nta:293“aim.u5z<Ez_<§ 309.oB2<u< m._S__>_m:uSo; mzo?émaomed$23 mmwzO_._.<:Eu_< mm_.:%mmuZ<ZmC.Z_<_>_ $.._&3muzEu<E mm_..%5mnE<30mu__... wzmsasdm N920? m_<5.: maummmoz<E.E<m oodummob:Emz_._.E<3d<3:28$§_2__.Em:08.33N509:moU:Emz_?cmc?mmU:_uc_.Em:mmmmqmmmDOm<._9:503:3:38832...26:8m.8$mom_>E%mu_._.<3.0<mu:.<:d<.uU_>_Page 311 of 703 §..:mmeEm: m.:,ms=>_ouEwnsmNNQNE0820mam .EE_o8<mSzm>u¢zo_»<z9_ou ?52E>E< ,m._.Zm_>=>_OuEwonmNNONEom??mam #~::ouu<mum".zo:<:E<zo_...<zomou ._<._.O...>._._>_._U< mwzms;§mzzzoE3:85 mm“...UEzm_>_>§ _ mEm§s_ouBegumNNON_5.08.90mam 3_.=.o3<mmmzumxm._<_UZ<Z_u_..Mm._.zmEzo:<zo¢ou .§.3.52E>E< _m._.zm_>:>_OoEonsmNNQN>mOwm._.<Umom #E=o8<mm_.E.5mmurzozo_._.<zo¢ou ?>8_2<$oE>E_>a_:8mmzEEEa m._zm_>__>_8EwozmNNON>,._owm:.<umam %«:=ouo<m._<Em._.<S_zo_Ezo¢8 $2.8u.:m\_._:umo<E>ouzOF<u<>smugEmcaEm~_ob:Emz_Swans25:8vxmdzoEm5mxEmmiEmtau?mdm?m5;?Hzamas;292:zozmkzmzzouEoosmNNONEowméumam_#u_.=._ouu<maom?zo_.Ezomou«mucusucwtsuzo_»<zo¢OU.uU.>_Page 312 of 703 oa~..\.mRm:zm_>mEdub...£35mumzmaxm.59U2_m_<~EzE>zm>m._<Um%oohmwmEéooa?zo08.3m_>_8z_i?zmz Page 313 of 703 uE=o8<muz<zm:.z_<_>_55:28 ooaemm52E>_U< 83$ozaz?wEssa:25% mpzm_>._>_ouEoonmNNONE0856mom aE=8u<4<>o_>_mEEozm ooo.m:.m.59E>E< 83$Eixm?niE23 oooamwm$2; $zws:>_ouEwnsmNNQN>xO0m._.<Umam tE=8u<$53 83$.52t_>E< ooq~$mgsazm.20 m._.zm:>__2OUmooammm?Eowmbamom %.§8u<m<0._<mD._.<Z az:omo><:95>: So?am9mz_93>: oodmmmmo_mSo95>: 3§o8<95>: ._<._.O._.>._._>_._U<Scmcmg$825.25:Nooqm?mA3mO.:z<~nwummuzn>umm__mooodwmLo.n._>.ma:m>u___umu.?cmcmnmm_u:_uc_.26:ooowmammwu_>._wmconmmbwmMo\_mmm:mS_magmamm_u:_uc_.26:H83%E9569%E83Nmom"509:>._._.=u<n_z_<mu<_2muz<z.u:.z_<_>_mu_.S_uE Page 314 of 703 m$.oom.$mmzmzxm._<._.O... ._<._.O._.>._._>_._.U< :.:_>_mvG9mm<ow_m 02>:mzo? Gas;$304 Gas:wzassd 02>:4<u_mbm.m mzss uE=o8<m._<_E:<_>_ Q._.._mm?o<m<o<_Z u_EB._m95$. oonammu_>Emzocun?mzouwoz_V_u:Eowe comm5222O._.o<m 8%Exnummv_uo._.:8< Smmuoo¢<EmI._. uabmdEdmaSE mzo_S._omouwoou 8:<_>_oS<ZO.EOI ._<»zm_>_zom_>zmzome><n_wuz<zm:z_<_>_955:m:a$3.2cm:m_._%Smmmooow._.mmE.oz<._m_>m»m>mwz:Ez_mzm0.5m_>a5>mmm:.muz<zEz_<_>_m>E¢zm>mEm»zms__>_8EoosmNmom>,n.Owm._.<umam Page 315 of 703 ._..m.o$52E>E<??zmm_200mm._<»zmxs5_m<z_>_>om._.zm_>:>_OuEoonmNNON>mO.num._,<umomaE_..8u<mum“.Em:m._<:,_mm.209.a.>_:_m<z_2>w.uU_>_Page 316 of 703 TS-2021-06 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transit Services SUBJECT: TS-2021-06 Capital Budget Amendment: Sole Source Purchase of Driver Protection Systems and Use of Safe Restart Agreement (Phase 3) Funding RECOMMENDATION That Council direct staff to amend the 2021 Capital Budget to award the sole source supply and installation of driver protection systems from Prevost (a division of Volvo Group / NOVA Bus) for the transit fleet using Safe Restart Funding (Phase 3) in the quoted amount of $511,745.60 before the funding purchase deadline of December 31, 2021. EXECUTIVE SUMMARY In May 2020, NFTS installed temporary ‘bio-barriers’ to return to front door boarding and to resume taking fares after the pandemic was declared earlier in March. Transit provided for limited capacity and essential trips only through the back doors accepting no fares to reduce riders onboard safely limiting a workplace hazard for transit Operators. The barrier installation aligned with provincial transit-specific public safety workplace guidelines to reduce the spread of COVID-19. The installation was in concert with other transit properties across Ontario with design input from bus manufacturer(s). Based on the provincial government’s reopening plan for Stage 3, NFTS is now in receipt of Ministry of Transportation (MTO) direction regarding the use of temporary barriers post- pandemic. The eventual choice will be to use them until we have explicit direction to remove them as they will not meet CSA standards and could represent a risk/liability or Transit Services can replace the ‘bio-barriers’ with a permanent OEM (Original Equipment Manufacturer) driver protection systems (DPS). As allocated Safe Restart Agreement (SRA) funding identifies the procurement of a DPS as an eligible expense and as per the rationale provided in this report, staff is seeking Council approval to use these funds for a fleet-wide deployment of permanent barriers in 2021. NFTS, now delivering transit services in Stage 3 of the provincial reopening plan, is providing trips for any purpose and has reopened onboard capacity to more riders. Transit Services is meeting 2021 budget targets for recovery in fare taking and expectations for cleanliness and safety onboard during a very difficult time to deliver consistent essential service. Page 317 of 703 2 TS-2021-06 September 14, 2021 BACKGROUND In March 2020, when the COVID-19 pandemic was declared globally, Transit Services had to pivot in how it could provide essential trips to the community in a safe way for both the public and our staff. To meet provincial health & safety guidance and to limit the possibility of virus spread onboard, the service provided ‘rear-door’ boarding and exiting for all our riders. NFTS reduced the number of riders we could take onto a bus to 10 persons, reduced the area in the bus where they could sit ensuring physical distance and because we did not have fareboxes at the back door, we did not collect fares. All concessions in service, fare taking and capacities were/are coordinated with local transit agencies and further to the City’s EOC direction. In May 2020 our Fleet supervisors & technicians worked with local suppliers to source materials and coordinate the design and installation of a temporary “physical partition” per provincial guidelines between our Operators and riders. They completed this on all buses with input from our bus manufacturers and other transit systems. These barriers were meant to be temporary and do not meet CSA standards enforced in regular times by the Ministry of Transportation. The bio-barriers, based on their construction, were designed for one year’s use and are now past their initial intended lifecycle. To address any Operator concern with the temporary barriers our JH&SC, ATU Executive, transit management & trainers worked with our drivers, the Ministries of Labour (MOL) and Transportation (MTO) to address any drivability, safety or use issues. To return to front door boarding, expand our onboard capacity and resume taking fares to support the system, NFTS installed the temporary ‘bio-barriers’ in May 2020. This initiative cost $84,731 and was paid for using Phase 1 and 2 SRA funding. The barriers allowed the service to board riders at the front door and to restart taking fares on June 29, 2020. The MTO, while not developing prescribed specifications for driver protection to replace bio-barriers post-pandemic are now advising that any and all partition/ barrier installations by Transit agencies must comply with CSA Standards D409 and D250. Therefore, from the Ministry’s perspective, transit agencies should consult with their OEM (Original Equipment Manufacturer) for products that meet or exceed the requirements. At a recent OPTA (Ontario Public Transit Association) Recovery Working Group meeting on July 7, 2021 – members at the roundtable provided the following update in part: “Most Working Group members were in the process of replacing their temporary bio barriers with permanent safety shields, either using SRA funding or as part of ICIP projects that had already been planned. There were no members who were removing temporary barriers and going to nothing.” Page 318 of 703 3 TS-2021-06 September 14, 2021 Prevost, working with and on behalf of our OEM (NOVABus), can retrofit DPS that meet MTO and CSA standards on our entire fleet (all NOVA buses & remaining Orion VIIs purchased from 2007-2011). This eligible expense was forecast to the province in our reporting on potential capital costs for Council’s approval in the use of the Safe Restart Agreement (SRA) funds allocated in 2021. Any further bus purchase through the joint procurement initiative with Metrolinx and NOVABus (three buses coming in 2022) will include the installation of a Prevost DPS system as standard equipment. To date, NFTS has not had an internal workplace incident nor a reported instance of a rider spreading COVID-19 to an Operator. Our Operators are not required to wear masks behind a barrier. Masks are mandatory for riders per Niagara Region By-Law No 2020- 46. Transit management gathered Operator feedback through a recent employer survey in June 2021 to understand staff anxiety during or leading up to any end of the pandemic. In response, 81% of Operators feel it is of medium to high importance for their employer to keep a physical barrier between them and riders after the pandemic concludes. Interestingly, drivers seem less concerned with another viral hazard than the potential for a physical/ verbal assault and 85% of the drivers feel assault protection is needed on NFTS buses with 76% identifying it as ‘essential’ for their health & safety. During the last 12 months 54% of drivers felt physically ‘at risk’ in an interaction with the public onboard a bus. In support of any install of DPS, Transit staff will be offering training in their use, updating panic button protocols and installing cameras and updated communications tools onboard to eliminate the older two-way radio system and provide additional safety for our Operators. Added supervision on the road in 2019 and a live Dispatcher on shift since 2020 for most of the operating period has already started to address safety concerns. ANALYSIS/RATIONALE After analysis, regarding the sole-source purchase of driver protection systems with Safe Restart Agreement funds, it was determined that this purchase and installation would be the most economical use of available pandemic funding and existing procurement relationships to address a post-pandemic and ongoing health & safety concern for Transit Services staff. The barriers would also continue to address rider concern or public perception of safety onboard public transit. This could positively reflect in revenue recovery. Page 319 of 703 4 TS-2021-06 September 14, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS FUNDING: Part of the provincial plan for public transit recovery after COVID-19 is allocating Safe Restart Agreement (SRA) funding to transit agencies across Ontario. The criteria for use of these funds and reporting periods for all three phases of the funding has been stringent and has been met by NFTS to date. The following funds were allocated, reported on and returned as follows throughout Phases 1, 2 and 3 to date: TABLE 1 Phase Eligible Dates Funding Amount COVID Impacts Funding Surplus/(Deficit) 1 April 1 2020 to September 30 2020 $1,939,258 $573,197 $1,366,061 2 October 1 2020 to March 30 2021 $2,435,244 $956,282 $1,478,962 3 April 1 2021 to December 31 2021 $1,883,826 $2,863,655 ($979,829) NOTE: The City is actively lobbying the Province to allow carry over of unused funds from SRA Phase 1 and 2 to be applied to Phase 3. If this carry over is not approved, the City has set aside $1,365,600 of Provincial Gas Tax (PGT) funding towards Phase 3 COVID impacts. Transit agencies across Ontario are now procuring DPS and retrofitting fleets using Safe Restart Agreement (SRA) funding. In forecasting for SRA - Phase 3 (April to December 2021) NFTS identified an estimated $530,000 project to replace the temporary bio-barriers fleet-wide to the MTO. This DPS project meets the criteria as “costs associated with installing driver protection barriers and other protection measures for transit drivers” and is eligible for funding. The Ministry has financial retention and audit expectations for this purchase. Transit Services must issue a purchase order by December 31, 2021 for this purchase for the expense to be eligible for funds. PROCUREMENT: The current fleet is comprised of models by services as follows: TABLE 2 NOVA Bus ORION VII City 24* 9 Region of Niagara** 10 3 WEGO 16 Note 1* Three new 40’ (12metre) units to be built with DPS and received from NOVA Bus for City in 2022 Note 2** Region must reimburse City for DPS purchased & installed on NRT fleet Page 320 of 703 5 TS-2021-06 September 14, 2021 NFTS is now in receipt of quotations for this proiect totalling $511,745.60 including non- rebatable HST from PreVost. Prevost is the sister company within the Volvo Group to NOVA Bus (OEM) that builds and provides exclusive NOVA parts, service and product support for NOVA buses and all related components. With a Nova/Prevost OEM barrier solution and installation, the warranty and product support will be seamless within the provider’s customer service structure, and will provide Niagara Falls Transit Services with the most convenient and comprehensive solution for our DPS requirements. The Purchasing Manager has indicated that as the DPS is being retrofitted and warrantied through the OEM on the existing NOVA and Orion VII buses and will be the same as what is built on any new buses, Council may approve a sole source for this procurement. With regards to the Orion buses, Provost can install the same barrier and will warranty it as they will on the Nova buses. This ensures standardization of the barriers on all buses new or older and potentially reduces the cost of training or maintenance/ parts going forward. To be trade treaty compliant we will have to post the sole source award on our City of Niagara Falls bid website as the value of the procurement is in excess of $500,000 dollars. 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 ATTACHMENT None Recommended by: Carla Stout, General Manager of Transit Services Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 321 of 703 F-2021-47 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-47 Monthly Tax Receivables Report – July 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 July 31, 2021 were $23.1 million compared to $27.5 million in 2020. During July, tax receivables as a percentage of taxes billed decreased from 37.4% in 2020 to 33.7% in 2021. The City’s finance staff has begun the collection process for properties that are subject to registration for 2021 as well as continuing the collection process for properties that were subject to registration for 2020. There are currently 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 is ahead of the collection history for 2020 for the month of July. Table 1 shows that taxes outstanding at July 31, 2021 are $23.1 million. This represents a decrease from $27.5 million in arrears for the same period in 2020. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property classes. Residential property taxes outstanding have decreased by $2.4 million compared to July 2020 and commercial property taxes outstanding have decreased by $1.4 million. An important note is that due to the COVID pandemic, residential final bills in 2020 were billed in July instead of the historical June billing date, meaning 2020 receivables at this point had one less month of collection. 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 seven months of activity. This table Page 322 of 703 2 F-2021-47 September 14, 2021 shows 79.6% of the tax accounts or 288 properties have been paid in full or the owners have made suitable payment arrangements. During July, five 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 70.5 % or 43 properties have paid in full or made suitable payment arrangements in the month of July. 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 July, no properties were registered. The outstanding taxes for registered properties represents 0.2% 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 July 31, 2021 is 33.7%, which is a decrease of 2020’s value at 37.4%. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at July 31, 2021 Table 2 Taxes Receivable by Property Class at July 31, 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 323 of 703 TABLE 1 Taxes Receivable at July 31, 2021 2021 2020 Outstanding Taxes @ June 30, 2021 31,247,408$ 24,673,173$ Taxes Billed and Due July 31 N/A 31,031,251$ Penalty/Interest charged in July 92,475$ 96,137$ Taxes Collected during July 8,271,649$ 28,314,026$ Outstanding Taxes @ July 31, 2021 23,068,234$ 27,486,535$ Taxes Billed and Due September 30 31,481,730$ N/A Taxes Billed and Due October 30, 2020 N/A 31,031,251$ Total Taxes to be Collected 54,549,964$ 58,517,786$ Outstanding Taxes by Year: 3 Years and Prior 1,765,436$ 1,509,140$ 2 Year 2,157,567$ 2,480,159$ 1 Year 6,121,462$ 5,262,486$ Current 44,505,498$ 49,266,001$ Total 54,549,964$ 58,517,786$ TABLE 2 2021 2020 Variance Taxes Owing Taxes Owing ($) Residential 42,829,365$ 45,232,982$ (2,403,617)$ Multi-Residential 47,127$ 196,862$ (149,735)$ Commercial 11,116,587$ 12,557,864$ (1,441,277)$ Industrial 435,814$ 371,925$ 63,889$ Farmlands 121,071$ 158,154$ (37,083)$ Total Receivables 54,549,964$ 58,517,787$ (3,967,823)$ Taxes Receivable by Property Class at July 31, 2021 Page 324 of 703 TABLE 3 (a) Number of Properties Subject to % Registration as at July 31, 2021 Initial Amount (January 1, 2021)362 Paid in Full 143 39.5% Payment Arrangements 145 40.1% Ongoing Collection 74 20.4% Action Registered 0 0.0% 362 100.0% TABLE 3 (b) Initial Amount (January 1, 2020)61 Paid in Full 27 44.3% Payment Arrangements 16 26.2% Ongoing Collection Action 18 29.5% Registered 0 0.0% 61 100.0% TABLE 4 November 2021 3 94,514$ May 2022 5 228,958$ Totals 8 323,472$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 325 of 703 F-2021-48 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-48 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $42,459,470.96 for the period July 14, 2021 to August 25, 2021. EXECUTIVE SUMMARY The accounts have been reviewed by the Acting 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 326 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 11208365 CANADA INC.446738 04-Aug-2021 REFUND 37.02 1238956 ONTARIO INC EDWARD P LUSTIG LLB 446739 04-Aug-2021 CONTRACT SERVICES 26,103.00 1293800 ONTARIO INC 446601 28-Jul-2021 REFUND 1,250.00 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING446516 21-Jul-2021 CONTRACT SERVICES 163.85 1769806 ONTARIO LIMITED 446820 11-Aug-2021 REFUND 451.29 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 446923 18-Aug-2021 MATERIALS 1,125.00 1814084 ONTARIO INC 446924 18-Aug-2021 REFUND 239.97 1984370 ONTARIO INC. O/A ALFIDOME CONSTRUCTION NIAGARA00359-0001 19-Jul-2021 MATERIALS 34,155.89 1984370 ONTARIO INC. O/A ALFIDOME CONSTRUCTION NIAGARA00363-0001 03-Aug-2021 CONTRACT SERVICES 316,610.26 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 00364-0001 09-Aug-2021 REFUND 750.00 2348441 ONTARIO INC O/A MR QUICK SOFT CLOTH 446517 21-Jul-2021 MATERIALS 141.25 2348441 ONTARIO INC O/A MR QUICK SOFT CLOTH 447031 25-Aug-2021 MATERIALS 136.73 2367063 ONTARIO INC 446821 11-Aug-2021 REFUND 2,998.64 2578139 ONTARIO INC O/A HALCO PORTABLES 00359-0002 19-Jul-2021 CONTRACT SERVICES 3,213.72 2578139 ONTARIO INC O/A HALCO PORTABLES 00360-0001 26-Jul-2021 CONTRACT SERVICES 2,306.33 2578139 ONTARIO INC O/A HALCO PORTABLES 00363-0002 03-Aug-2021 CONTRACT SERVICES 1,537.93 2578139 ONTARIO INC O/A HALCO PORTABLES 00364-0002 09-Aug-2021 CONTRACT SERVICES 2,603.52 2578139 ONTARIO INC O/A HALCO PORTABLES 00365-0001 16-Aug-2021 CONTRACT SERVICES 2,767.37 2578139 ONTARIO INC O/A HALCO PORTABLES 00366-0001 23-Aug-2021 LEASES AND RENTS 10,032.14 2615840 ONTARIO INC 446518 21-Jul-2021 REFUND 973.31 2635769 ONTARIO INC 446356 14-Jul-2021 MATERIALS 6,949.50 407 ETR EXPRESS TOLL ROUTE 446602 28-Jul-2021 CONTRACT SERVICES 21.85 5009882 ONTARIO LTD. O/A FROGGYS AUTO GLASS 446519 21-Jul-2021 CONTRACT SERVICES 883.66 5009939 ONTARIO INC 446822 11-Aug-2021 REFUND 3,183.28 797045 ONTARIO LTD 447032 25-Aug-2021 REFUND 24.08 867934 ONTARIO INC 446823 11-Aug-2021 REFUND 750.00 A J SLINGER SERVICE 446360 14-Jul-2021 CONTRACT SERVICES 2,486.00 AAA BIGGAR'S LOCKSMITH & SECURITY 00359-0003 19-Jul-2021 MATERIALS 393.53 AAA BIGGAR'S LOCKSMITH & SECURITY 00360-0002 26-Jul-2021 CONTRACT SERVICES 1,257.87 AAA BIGGAR'S LOCKSMITH & SECURITY 00364-0004 09-Aug-2021 MATERIALS 70.68 AAA BIGGAR'S LOCKSMITH & SECURITY 00365-0003 16-Aug-2021 MATERIALS 209.05 AAA BIGGAR'S LOCKSMITH & SECURITY 00366-0002 23-Aug-2021 MATERIALS 254.25 ABBOTT,JESSE 446603 28-Jul-2021 MATERIALS 210.00 ABBRUSCATO,JOSEPH 446925 18-Aug-2021 REFUND 750.00 ABDELRAHMANN,ABOUTAHOUN& AHMEND, MOURSY 446357 14-Jul-2021 REFUND 84.91 ACCEO SOLUTIONS INC.00359-0004 19-Jul-2021 CONTRACT SERVICES 28,688.11 ACCU LOCK AND SECURITY 00359-0005 19-Jul-2021 CONTRACT SERVICES 180.80 ACRO ACADEMY 446358 14-Jul-2021 MATERIALS 500.00 ADOBO FRESH BURRITO FRANCHISING GROUP 446604 28-Jul-2021 REFUND 1,250.00 ADP FOOD LTD 446605 28-Jul-2021 REFUND 1,250.00 ADR CHAMBERS 446741 04-Aug-2021 CONTRACT SERVICES 12,531.70 ADR CHAMBERS 446926 18-Aug-2021 CONTRACT SERVICES 3,955.00 ADVANCE TOWING & RECOVERY 446359 14-Jul-2021 CONTRACT SERVICES 689.30 ADVANCE TOWING & RECOVERY 446520 21-Jul-2021 CONTRACT SERVICES 791.00 ADVANCE TOWING & RECOVERY 446606 28-Jul-2021 CONTRACT SERVICES 841.88 ADVANCE TOWING & RECOVERY 446742 04-Aug-2021 CONTRACT SERVICES 791.00 ADVANCE TOWING & RECOVERY 446824 11-Aug-2021 CONTRACT SERVICES 197.75 ADVANCE TOWING & RECOVERY 446927 18-Aug-2021 CONTRACT SERVICES 875.75 ADVANCE TOWING & RECOVERY 447033 25-Aug-2021 CONTRACT SERVICES 197.75 AFTERMARKET PARTS COMPANY LLC 446521 21-Jul-2021 STORES/INVENTORY 577.32 AFTERMARKET PARTS COMPANY LLC 446607 28-Jul-2021 STORES/INVENTORY 842.42 AFTERMARKET PARTS COMPANY LLC 446743 04-Aug-2021 STORES/INVENTORY 1,865.85 AFTERMARKET PARTS COMPANY LLC 446825 11-Aug-2021 STORES/INVENTORY 328.31 AHMED,IRFAN& AHMED, ADNAN 447034 25-Aug-2021 REFUND 800.00 AIELLO,JEANETTE MARIE 446522 21-Jul-2021 REFUND 200.00 AIR PAINTERS 00360-0003 26-Jul-2021 MATERIALS 14,519.65 AIRD & BERLIS LLP 00359-0006 19-Jul-2021 CONTRACT SERVICES 16,856.10 AIRD & BERLIS LLP 00366-0003 23-Aug-2021 CONTRACT SERVICES 15,624.75 AJ STONE COMPANY LTD 00359-0007 19-Jul-2021 MATERIALS 7,730.33 AJ STONE COMPANY LTD 00360-0004 26-Jul-2021 MATERIALS 736.76 AJ STONE COMPANY LTD 00364-0005 09-Aug-2021 MATERIALS 954.60 AJ STONE COMPANY LTD 00366-0004 23-Aug-2021 MATERIALS 1,828.56 ALBANESE,LORI 446361 14-Jul-2021 MATERIALS 36.75 ALBANESE,LORI 446744 04-Aug-2021 MATERIALS 134.52 ALBINO,MIGUEL 446608 28-Jul-2021 LEASES AND RENTS 500.00 ALERT LABS INC.446362 14-Jul-2021 CONTRACT SERVICES 2,576.40 ALISON'S SPORTS AWARDS & PROMOTIONS 00366-0005 23-Aug-2021 MATERIALS 64.35 ALL GREEN IRRIGATION 00364-0006 09-Aug-2021 MATERIALS 2,130.62 ALL GREEN IRRIGATION 00366-0006 23-Aug-2021 MATERIALS 2,611.43 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 446523 21-Jul-2021 MATERIALS 1,100.40 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 446609 28-Jul-2021 MATERIALS 130.18 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 446745 04-Aug-2021 MATERIALS 119.79 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 446826 11-Aug-2021 MATERIALS 149.50 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 446928 18-Aug-2021 MATERIALS 77.29 ALPHARESI INC 446827 11-Aug-2021 REFUND 838.27 ALTIERI BUILDING SUPPLIES LTD 00360-0005 26-Jul-2021 MATERIALS 803.78 ALTIERI BUILDING SUPPLIES LTD 00363-0003 03-Aug-2021 MATERIALS 511.72 ALTIERI BUILDING SUPPLIES LTD 00366-0007 23-Aug-2021 MATERIALS 101.60 AMACO EQUIPMENT INC 00360-0006 26-Jul-2021 LEASES AND RENTS 3,955.00 AMALGAMATED TRANSIT UNION #1582 00360-0007 26-Jul-2021 REMITTANCE 4,805.11 AMALGAMATED TRANSIT UNION #1582 00364-0007 09-Aug-2021 REMITTANCE 5,067.96 AMALGAMATED TRANSIT UNION #1582 00366-0008 23-Aug-2021 REMITTANCE 5,067.95 AMCTO 00363-0004 03-Aug-2021 CONTRACT SERVICES 598.90 AMG ENVIRONMENTAL INC 00360-0008 26-Jul-2021 CONTRACT SERVICES 1,695.00 AMG ENVIRONMENTAL INC 00366-0009 23-Aug-2021 CONTRACT SERVICES 508.50 ANDRIGHETTI,DAVE 446610 28-Jul-2021 MATERIALS 120.00 ANGLE,BETH 446746 04-Aug-2021 TRAVEL/MILEAGE 100.30 ANNEX BUSINESS MEDIA INC.447035 25-Aug-2021 MATERIALS 80.75 ANTON,GORDON 446554 21-Jul-2021 REFUND 1,500.00 Page 327 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ARAMARK CANADA LTD 446363 14-Jul-2021 SUPPLIES 314.72 ARC ENGINEERING INC 00359-0008 19-Jul-2021 CONTRACT SERVICES 8,889.70 ARC ENGINEERING INC 00360-0009 26-Jul-2021 CONTRACT SERVICES 11,386.84 ARC ENGINEERING INC 00363-0005 03-Aug-2021 CONTRACT SERVICES 16,043.63 ARCHAEOLOGICAL SERVICES INC 446524 21-Jul-2021 MATERIALS 9,684.10 ARCHAEOLOGICAL SERVICES INC 446929 18-Aug-2021 MATERIALS 3,880.42 ARCTIC TRAVELER (CANADA) LTD 446747 04-Aug-2021 CONTRACT SERVICES 1,727.71 ARTISTA DESIGN & PRINT INC 00359-0009 19-Jul-2021 SUPPLIES 39.55 ARTISTA DESIGN & PRINT INC 00360-0010 26-Jul-2021 MATERIALS 1,689.35 ARTISTA DESIGN & PRINT INC 00363-0006 03-Aug-2021 CONTRACT SERVICES 1,172.15 ARTISTA DESIGN & PRINT INC 00364-0008 09-Aug-2021 MATERIALS 561.05 ARTISTA DESIGN & PRINT INC 00365-0004 16-Aug-2021 MATERIALS 1,709.69 ARTISTA DESIGN & PRINT INC 00366-0010 23-Aug-2021 MATERIALS 14,805.83 ASSOCIATED ENGINEERING (ONT) LTD 00365-0005 16-Aug-2021 MATERIALS 6,059.63 AUTOTRIM & SIGNS OF NIAGARA 00359-0010 19-Jul-2021 MATERIALS 854.08 AUTOTRIM & SIGNS OF NIAGARA 00365-0006 16-Aug-2021 MATERIALS 1,584.92 B & C TRUCK CENTRE 447040 25-Aug-2021 MATERIALS 1,023.52 B & S POOL SERVICES 00363-0007 03-Aug-2021 CONTRACT SERVICES 576.30 B & S POOL SERVICES 00364-0009 09-Aug-2021 MATERIALS 801.46 B & S POOL SERVICES 00366-0011 23-Aug-2021 MATERIALS 915.35 BADGER DAYLIGHTING LP 447036 25-Aug-2021 CONTRACT SERVICES 1,733.40 BAIANO,PATTY (POA)446930 18-Aug-2021 REFUND 2,940.27 BAIOCCO CONSTRUCTION CORP 446525 21-Jul-2021 CONTRACT SERVICES 17,964.39 BAKER TRANSIT PARTS INC.00359-0011 19-Jul-2021 STORES/INVENTORY 162.99 BAKER TRANSIT PARTS INC.00360-0011 26-Jul-2021 STORES/INVENTORY 1,218.63 BAKER TRANSIT PARTS INC.00363-0008 03-Aug-2021 STORES/INVENTORY 36.34 BAKER TRANSIT PARTS INC.00364-0010 09-Aug-2021 STORES/INVENTORY 3,651.42 BAKER TRANSIT PARTS INC.00365-0007 16-Aug-2021 STORES/INVENTORY 426.83 BAKER TRANSIT PARTS INC.00366-0012 23-Aug-2021 STORES/INVENTORY 669.85 BALAGA,ARTUR& BALAGA, PATRYCJA 447037 25-Aug-2021 REFUND 526.32 BAMBARA,MARIA CHRISTINA 446611 28-Jul-2021 REFUND 1,000.00 BANTE,BUFFLYNN MARIE 446364 14-Jul-2021 REFUND 180.86 BARKER SOCIAL MARKETING 446748 04-Aug-2021 LEASES AND RENTS 45.20 BARTA,BRAD 446365 14-Jul-2021 REFUND 97.64 BASELINE CONSTRUCTORS INC.00366-0013 23-Aug-2021 CONTRACT SERVICES 47,636.56 BASILONE,TONY 446749 04-Aug-2021 REFUND 500.00 BASINSKI,ARTHUR 446366 14-Jul-2021 MATERIALS 3,164.00 BASTIAMPILAI,HILLARY BROOKE& BASTIAMPILAI, SILVESTE447038 25-Aug-2021 REFUND 138.22 BATTLEFIELD EQUIPMENT RENTALS 446367 14-Jul-2021 MATERIALS 175.69 BATTLEFIELD EQUIPMENT RENTALS 446526 21-Jul-2021 MATERIALS 6,336.04 BATTLEFIELD EQUIPMENT RENTALS 446750 04-Aug-2021 STORES/INVENTORY 99.01 BATTLEFIELD EQUIPMENT RENTALS 446931 18-Aug-2021 CONTRACT SERVICES 5,119.42 BATTLEFIELD EQUIPMENT RENTALS 447039 25-Aug-2021 MATERIALS 1,430.87 BEATTIES 00364-0011 09-Aug-2021 SERVICES 214.70 BEATTIES 00366-0014 23-Aug-2021 SERVICES 953.22 BEEKE,MATTHEW 447041 25-Aug-2021 MATERIALS 175.00 BELL CANADA 446751 04-Aug-2021 MATERIALS 99.44 BELL CANADA - PUBLIC ACCESS 446527 21-Jul-2021 SERVICES 169.50 BELL CANADA - PUBLIC ACCESS 446932 18-Aug-2021 SERVICES 169.50 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00359-0012 19-Jul-2021 MATERIALS 922.04 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00360-0013 26-Jul-2021 MATERIALS 1,556.97 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00363-0009 03-Aug-2021 MATERIALS 285.03 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00365-0008 16-Aug-2021 MATERIALS 502.37 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00366-0015 23-Aug-2021 MATERIALS 633.65 BENNETT,TIM 447042 25-Aug-2021 MATERIALS 175.00 BERARDINI,JENNIFER 446528 21-Jul-2021 REFUND 109.11 BERRY,BEN 446368 14-Jul-2021 MATERIALS 400.00 BEST CONSULTANTS MARTIN GERSKUP ARCHITECT INC.00360-0014 26-Jul-2021 MATERIALS 1,446.40 BICKLE MAIN INDUSTRIAL SUPPLY INC 00365-0009 16-Aug-2021 MATERIALS 25.99 BIGGAR,COLIN ANDREW 446612 28-Jul-2021 REFUND 750.00 BIRCHWOOD,CHEVAL CHEZ-ROY& MAXIMAY-BIRCHWOOD, DENISE446369 14-Jul-2021 REFUND 70.90 BISSELL,ERIC& STAM, AUSTIN 446370 14-Jul-2021 REFUND 51.14 BLACK & MCDONALD LTD 446529 21-Jul-2021 CONTRACT SERVICES 3,552.33 BLUE JAY IRRIGATION-NIAGARA 446530 21-Jul-2021 CONTRACT SERVICES 589.42 BLUE JAY IRRIGATION-NIAGARA 446933 18-Aug-2021 CONTRACT SERVICES 3,154.06 BMA MANAGEMENT CONSULTING INC 446934 18-Aug-2021 CONTRACT SERVICES 36,160.00 BMO NATIONAL SERVICES 447043 25-Aug-2021 REFUND 75.55 BOB ROBINSON & SON CONSTRUCTION 00359-0013 19-Jul-2021 REFUND 750.00 BOB ROBINSON & SON CONSTRUCTION 00360-0015 26-Jul-2021 CONTRACT SERVICES 1,062.20 BOB ROBINSON & SON CONSTRUCTION 00364-0012 09-Aug-2021 CONTRACT SERVICES 11,329.66 BOBCAT OF HAMILTON LTD 00360-0016 26-Jul-2021 MATERIALS 4,289.31 BOBCAT OF HAMILTON LTD 00366-0016 23-Aug-2021 MATERIALS 4,294.00 BOSSEY,JOHN FREDERICK 447044 25-Aug-2021 LEASES AND RENTS 135.60 BOTTRELL,KURTIS 446828 11-Aug-2021 MATERIALS 277.67 BOYS & GIRLS CLUB OF NIAGARA 446531 21-Jul-2021 FEE FOR SERVICE 17,371.50 BRAND BLVD INC 446935 18-Aug-2021 ADVERTISING 2,516.28 BRANDT TRACTOR LTD 446829 11-Aug-2021 CONTRACT SERVICES 884.47 BRENNAN PAVING LTD.446936 18-Aug-2021 CONTRACT SERVICES 261,920.89 BRINKS CANADA LTD 446532 21-Jul-2021 CONTRACT SERVICES 1,321.02 BRINKS CANADA LTD 446937 18-Aug-2021 MATERIALS 563.72 BRINKS CANADA LTD 447045 25-Aug-2021 CONTRACT SERVICES 1,390.08 BROCK FORD SALES 446372 14-Jul-2021 MATERIALS 977.05 BROCK FORD SALES 446613 28-Jul-2021 MATERIALS 131.75 BROCK FORD SALES 446753 04-Aug-2021 MATERIALS 637.83 BROCK FORD SALES 446830 11-Aug-2021 MATERIALS 847.74 BROCK FORD SALES 446938 18-Aug-2021 CONTRACT SERVICES 434.65 BROCK FORD SALES 447046 25-Aug-2021 MATERIALS 758.23 BROKERLINK INSURANCE 446533 21-Jul-2021 SERVICES 542.16 BROKERLINK INSURANCE 446939 18-Aug-2021 REMITTANCE 261,472.08 Page 328 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount BROKERLINK INSURANCE 447047 25-Aug-2021 REMITTANCE 1,209,835.44 BROMAC CONSTRUCTION INC 00360-0017 26-Jul-2021 CONTRACT SERVICES 237,279.58 BROMAC CONSTRUCTION INC 00366-0018 23-Aug-2021 CONTRACT SERVICES 446,951.66 BROOKER,JOHN LEONARD 446373 14-Jul-2021 REFUND 175.70 BROOKS,DJ 446754 04-Aug-2021 MATERIALS 264.14 BUCK MARKETING 446534 21-Jul-2021 MATERIALS 423.75 BUDGET ENVIRONMENTAL DISPOSAL INC 446755 04-Aug-2021 REFUND 750.00 BULLER,ADAM 446756 04-Aug-2021 LEASES AND RENTS 500.00 BURGESS FENCE CONTRACTORS 00366-0019 23-Aug-2021 MATERIALS 9,220.80 BUSH,AMY& BUSH, PAUL 446614 28-Jul-2021 REFUND 750.00 BUTERA,STEVEN ANTHONY 446831 11-Aug-2021 REFUND 500.00 C ME MANAGEMENT CORPORATION 00366-0020 23-Aug-2021 MATERIALS 60.32 CALVERT,GEOFFREY EDWARD 446535 21-Jul-2021 MATERIALS 175.00 CAMPBELL & COMPANY APPRAISALS INC.00366-0021 23-Aug-2021 MATERIALS 8,592.52 CAMPBELL MONUMENT CO LTD 00360-0018 26-Jul-2021 MATERIALS 26,062.32 CAMPBELL,ED 446374 14-Jul-2021 MATERIALS 400.00 CAMPBELL,WAYNE 447048 25-Aug-2021 SERVICES 307.36 CAN AM INSTRUMENTS LTD 00359-0014 19-Jul-2021 MATERIALS 988.75 CANADA CLEAN FUELS 00359-0015 19-Jul-2021 FUEL 118,103.76 CANADA CLEAN FUELS 00360-0019 26-Jul-2021 FUEL 71,858.89 CANADA CLEAN FUELS 00363-0010 03-Aug-2021 FUEL 56,201.59 CANADA CLEAN FUELS 00364-0013 09-Aug-2021 FUEL 12,930.28 CANADA CLEAN FUELS 00365-0010 16-Aug-2021 FUEL 91,532.73 CANADA CLEAN FUELS 00366-0022 23-Aug-2021 FUEL 14,326.72 CANADA POST CORPORATION 00359-0016 19-Jul-2021 MATERIALS 1,497.38 CANADA POST CORPORATION 00360-0020 26-Jul-2021 MATERIALS 4,426.93 CANADA POST CORPORATION 00363-0011 03-Aug-2021 MATERIALS 5,259.70 CANADA POST CORPORATION 00366-0023 23-Aug-2021 MATERIALS 4,807.60 CANADIAN BEARINGS LTD 446615 28-Jul-2021 MATERIALS 194.18 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00359-0017 19-Jul-2021 CONTRACT SERVICES 11,805.87 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00364-0014 09-Aug-2021 CONTRACT SERVICES 15,434.28 CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00365-0011 16-Aug-2021 CONTRACT SERVICES 12,643.52 CANADIAN DOOR DOCTOR 00360-0021 26-Jul-2021 CONTRACT SERVICES 180.80 CANADIAN DOOR DOCTOR 00363-0012 03-Aug-2021 CONTRACT SERVICES 598.90 CANADIAN DOOR DOCTOR 00365-0012 16-Aug-2021 CONTRACT SERVICES 4,090.61 CANADIAN DOOR DOCTOR 00366-0024 23-Aug-2021 CONTRACT SERVICES 1,211.94 CANADIAN LINEN & UNIFORM 00359-0018 19-Jul-2021 CONTRACT SERVICES 652.99 CANADIAN LINEN & UNIFORM 00360-0022 26-Jul-2021 MATERIALS 648.79 CANADIAN LINEN & UNIFORM 00363-0013 03-Aug-2021 CONTRACT SERVICES 646.13 CANADIAN LINEN & UNIFORM 00364-0015 09-Aug-2021 CONTRACT SERVICES 646.13 CANADIAN LINEN & UNIFORM 00365-0013 16-Aug-2021 MATERIALS 646.13 CANADIAN LINEN & UNIFORM 00366-0025 23-Aug-2021 CONTRACT SERVICES 806.31 CANADIAN LOCATORS INC.00360-0023 26-Jul-2021 CONTRACT SERVICES 67,839.42 CANADIAN NATIONAL 00360-0024 26-Jul-2021 CONTRACT SERVICES 3,826.50 CANADIAN PACIFIC RAILWAY 446833 11-Aug-2021 REFUND 1,637.10 CANADIAN PACIFIC RAILWAY CO 446537 21-Jul-2021 CONTRACT SERVICES 1,214.50 CANADIAN PACIFIC RAILWAY CO 446832 11-Aug-2021 CONTRACT SERVICES 1,510.50 CANADIAN TIRE PROPERTIES INC.00360-0025 26-Jul-2021 LEASES AND RENTS 3,772.98 CANADIAN URBAN TRANSIT ASSOCIATION 446376 14-Jul-2021 CONTRACT SERVICES 423.75 CANON CANADA INC 446536 21-Jul-2021 MATERIALS 88.28 CANSEL SURVEY EQUIPMENT INC 446375 14-Jul-2021 MATERIALS 3,836.35 CANSEL SURVEY EQUIPMENT INC 446757 04-Aug-2021 MATERIALS 811.05 CANTEC SECURITY SERVICES INC 00360-0026 26-Jul-2021 CONTRACT SERVICES 4,183.94 CANTEC SECURITY SERVICES INC 00366-0026 23-Aug-2021 CONTRACT SERVICES 12,738.71 CARNEVALE,BROOKE 446758 04-Aug-2021 MATERIALS 206.23 CARQUEST CANADA LTD.446616 28-Jul-2021 MATERIALS 127.84 CARR MCLEAN 446759 04-Aug-2021 MATERIALS 121.33 CARTEL COMMUNICATION SYSTEMS INC 447049 25-Aug-2021 MATERIALS 21,442.43 CASSELS BROCK & BLACKWELL LLP 446760 04-Aug-2021 CONTRACT SERVICES 19,310.01 CBM N.A. INC 00360-0027 26-Jul-2021 STORES/INVENTORY 2,989.98 CBM N.A. INC 00363-0014 03-Aug-2021 STORES/INVENTORY 446.35 CBM N.A. INC 00364-0016 09-Aug-2021 STORES/INVENTORY 2,742.53 CBM N.A. INC 00365-0014 16-Aug-2021 STORES/INVENTORY 40.68 CENTENNIAL DEVELOPMENTS (NIAGARA) INC 00365-0015 16-Aug-2021 REFUND 320,000.00 CENTRAL COMMUNICATIONS 00365-0016 16-Aug-2021 CONTRACT SERVICES 849.76 CERVUS EQUIPMENT #2602 00359-0019 19-Jul-2021 STORES/INVENTORY 1,210.58 CERVUS EQUIPMENT #2602 00360-0028 26-Jul-2021 STORES/INVENTORY 249.43 CERVUS EQUIPMENT #2602 00363-0015 03-Aug-2021 STORES/INVENTORY 386.69 CERVUS EQUIPMENT #2602 00364-0017 09-Aug-2021 STORES/INVENTORY 1,209.12 CERVUS EQUIPMENT #2602 00365-0017 16-Aug-2021 MATERIALS 15,297.54 CERVUS EQUIPMENT #2602 00366-0027 23-Aug-2021 MATERIALS 1,338.08 CHAMBERS WATER HAULAGE 1174723 ONTARIO LIMITED 00359-0021 19-Jul-2021 MATERIALS 62.00 CHAMBERS WATER HAULAGE 1174723 ONTARIO LIMITED 00366-0028 23-Aug-2021 MATERIALS 124.00 CHAMBERS,TRACEY-MAE 446761 04-Aug-2021 LEASES AND RENTS 500.00 CHAPMAN MURRAY ASSOCIATES ARCHITECTS INC.446538 21-Jul-2021 MATERIALS 565.00 CHARLES JONES INDUSTRIAL LTD 00359-0022 19-Jul-2021 STORES/INVENTORY 1,597.29 CHARLES JONES INDUSTRIAL LTD 00360-0029 26-Jul-2021 STORES/INVENTORY 139.53 CHARLES JONES INDUSTRIAL LTD 00363-0016 03-Aug-2021 STORES/INVENTORY 727.95 CHARLES JONES INDUSTRIAL LTD 00364-0018 09-Aug-2021 STORES/INVENTORY 1,914.12 CHARLES JONES INDUSTRIAL LTD 00365-0018 16-Aug-2021 STORES/INVENTORY 433.51 CHARLES JONES INDUSTRIAL LTD 00366-0029 23-Aug-2021 STORES/INVENTORY 1,618.46 CHAUHAN,SWETA DIPESH 447050 25-Aug-2021 REFUND 338.33 CHAUVIN DISPUTE RESOLUTION INC.446834 11-Aug-2021 CONTRACT SERVICES 1,101.75 CHEN,WEI-YU 447026 18-Aug-2021 REFUND 149.02 CHEUNG,AARON 446378 14-Jul-2021 MATERIALS 827.00 CIBC ELECTRONIC BANKING OPERATIONS 447051 25-Aug-2021 REFUND 50.93 CIMA CANADA INC 00365-0019 16-Aug-2021 MATERIALS 56,399.21 CINAR,HASAN& CINAR, GULGUN 446617 28-Jul-2021 REFUND 750.00 CIPPARONE,PETER 446618 28-Jul-2021 MEMBERSHIP 67.80 Page 329 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CIRCLE P. PAVING INC.00364-0019 09-Aug-2021 CONTRACT SERVICES 108,357.82 CLARK AGRI SERVICE INC.446539 21-Jul-2021 MATERIALS 5,125.91 CLARK AGRI SERVICE INC.446835 11-Aug-2021 MATERIALS 17,466.60 CLEAN HARBORS ENERGY & INDUSTRIAL SERVICES LP 446941 18-Aug-2021 CONTRACT SERVICES 27,368.17 CLIFTON HILL BIA 446942 18-Aug-2021 SERVICES 30,000.00 CLOCKWORK SYSTEMS INC 446762 04-Aug-2021 SERVICES 7,284.29 CLOCKWORK SYSTEMS INC 447052 25-Aug-2021 SERVICES 1,485.78 CODE 4 FIRE & RESCUE INC 00360-0030 26-Jul-2021 MATERIALS 28,517.98 CODE 4 FIRE & RESCUE INC 00365-0020 16-Aug-2021 MATERIALS 250.80 COLEMAN,WILLIAM H.446943 18-Aug-2021 REFUND 194.27 COLLEE,DOUG 446619 28-Jul-2021 TRAINING 199.50 COLOSIMO,ASSUNTA 446540 21-Jul-2021 REFUND 500.00 COMMUNITY HERITAGE ONTARIO 446379 14-Jul-2021 MEMBERSHIP 83.00 COMPLETE COMFORT NIAGARA INC 00359-0023 19-Jul-2021 CONTRACT SERVICES 5,783.29 COMPLETE COMFORT NIAGARA INC 00360-0031 26-Jul-2021 CONTRACT SERVICES 541.08 COMPLETE COMFORT NIAGARA INC 00363-0018 03-Aug-2021 CONTRACT SERVICES 150.29 COMPLETE COMFORT NIAGARA INC 00365-0021 16-Aug-2021 CONTRACT SERVICES 1,751.68 COMPLETE COMFORT NIAGARA INC 00366-0030 23-Aug-2021 CONTRACT SERVICES 3,657.15 COMPUGEN INC 446541 21-Jul-2021 SERVICES 13,066.87 COMPUGEN INC 446944 18-Aug-2021 SERVICES 13,066.87 CONNER,CARRIE 446380 14-Jul-2021 REFUND 173.34 CONSTRUCTION RIGGING SUPPLIES INC.446542 21-Jul-2021 MATERIALS 2,732.40 CONT-TOP CONSTRUCTION INC 446620 28-Jul-2021 UTILITIES 1,250.00 COONS,KEVIN 447053 25-Aug-2021 MATERIALS 100.00 COOPER,AKEEM 446381 14-Jul-2021 REFUND 254.18 CORDINER,IAN 446763 04-Aug-2021 REFUND 25.92 CORRADI,JOE 446836 11-Aug-2021 MATERIALS 150.00 CORRIVEAU,CHRISTINE 446382 14-Jul-2021 REFUND 105.01 COTTON CANDY INC.446945 18-Aug-2021 STORES/INVENTORY 1,898.40 CRAIG BOAN ENTERPRISES LTD 447054 25-Aug-2021 MATERIALS 1,303.05 CRASH RHYTHM 446837 11-Aug-2021 MATERIALS 1,150.00 CRAWFORD & COMPANY (CANADA) INC IN TRUST 447056 25-Aug-2021 CONTRACT SERVICES 3,344.48 CRAWFORD & COMPANY CANADA INC 446621 28-Jul-2021 CONTRACT SERVICES 3,576.50 CRAWFORD & COMPANY CANADA INC 446946 18-Aug-2021 CONTRACT SERVICES 1,299.50 CRAWFORD & COMPANY CANADA INC 447055 25-Aug-2021 CONTRACT SERVICES 4,071.00 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 00360-0032 26-Jul-2021 CONTRACT SERVICES 4,567.89 CROOKS,CAMERON 446838 11-Aug-2021 MATERIALS 120.00 CROWE,CHARLENE 446383 14-Jul-2021 REFUND 28.49 CRYDERMAN,GEORGE 446764 04-Aug-2021 MATERIALS 200.00 CSN-GLEN-MERRITT WELLAND 446765 04-Aug-2021 CONTRACT SERVICES 293.80 CULLIGAN NIAGARA WATER TECH INC.446384 14-Jul-2021 CONTRACT SERVICES 440.70 CULLIGAN NIAGARA WATER TECH INC.00364-0020 09-Aug-2021 CONTRACT SERVICES 528.84 CUPE LOCAL 133 00360-0033 26-Jul-2021 REMITTANCE 11,469.98 CUPE LOCAL 133 00364-0021 09-Aug-2021 REMITTANCE 11,602.86 CUPE LOCAL 133 00366-0031 23-Aug-2021 REMITTANCE 11,682.34 CUSTOM CLOTHES CANADA INC 00359-0024 19-Jul-2021 MATERIALS 1,119.78 D & D DIAMOND CUTTING & CORING 446545 21-Jul-2021 CONTRACT SERVICES 452.00 D K TECHNICAL SERVICES INC 00363-0019 03-Aug-2021 CONTRACT SERVICES 265.55 D K TECHNICAL SERVICES INC 00364-0022 09-Aug-2021 CONTRACT SERVICES 447.65 DAL BIANCO,GARY 446544 21-Jul-2021 REFUND 13,225.00 DALEY,KYLEE 446386 14-Jul-2021 REFUND 71.59 DAMARIO,TONY 446948 18-Aug-2021 MATERIALS 200.00 DANIELE,CHRIS 446387 14-Jul-2021 TRAINING 678.00 DARCH FIRE 00359-0025 19-Jul-2021 CONTRACT SERVICES 3,276.47 DARCH FIRE 00364-0023 09-Aug-2021 MATERIALS 2,027.76 DARCH FIRE 00365-0022 16-Aug-2021 MATERIALS 7,482.66 DAVIDSON ENVIRONMENTAL 00360-0034 26-Jul-2021 CONTRACT SERVICES 90.40 DE BROUWER,VINCIANE 446388 14-Jul-2021 REFUND 26.00 DE LAGE LANDEN FINANCIAL SERVICES CAN INC 447058 25-Aug-2021 LEASES AND RENTS 2,708.61 DEFAZIO,LUCY 446389 14-Jul-2021 MATERIALS 100.00 DELL CANADA INC 446546 21-Jul-2021 MATERIALS 17,703.62 DELLAVALLE,CHERYL 446390 14-Jul-2021 REFUND 45.05 DEMOL'S TIRE SALES & SERVICE 446391 14-Jul-2021 CONTRACT SERVICES 30.00 DEMOL'S TIRE SALES & SERVICE 446767 04-Aug-2021 CONTRACT SERVICES 93.68 DEMOL'S TIRE SALES & SERVICE 446840 11-Aug-2021 MATERIALS 139.61 DEMOL'S TIRE SALES & SERVICE 446949 18-Aug-2021 CONTRACT SERVICES 60.00 DEMOL'S TIRE SALES & SERVICE 447059 25-Aug-2021 CONTRACT SERVICES 30.00 DEPENDABLE EMERGENCY VEHICLES 446392 14-Jul-2021 CONTRACT SERVICES 235.04 DEPENDABLE EMERGENCY VEHICLES 446623 28-Jul-2021 MATERIALS 1,480.87 DEPENDABLE EMERGENCY VEHICLES 446841 11-Aug-2021 MATERIALS 621.50 DESCHAMPS,MICHAEL EDMUND 446393 14-Jul-2021 REFUND 35.84 DESIGN ELECTRONICS 446547 21-Jul-2021 SERVICES 5,760.30 DESIGN ELECTRONICS 446950 18-Aug-2021 SERVICES 4,851.91 DESSON,EDWARD WILLIAM 447060 25-Aug-2021 REFUND 169.50 DICAN INC.00360-0035 26-Jul-2021 MATERIALS 2,203.50 DIGITAL POSTAGE ON CALL 00364-0024 09-Aug-2021 MATERIALS 19,210.00 DILALLA,DOMENIC 446625 28-Jul-2021 REFUND 2,000.00 DIODATI,JIM 446626 28-Jul-2021 TRAVEL/MILEAGE 1,180.08 DIODATI,JIM 446842 11-Aug-2021 MATERIALS 428.27 DIODATI,JIM 447061 25-Aug-2021 TRAVEL/MILEAGE 1,155.00 DRAGUN CORPORATION 446627 28-Jul-2021 MATERIALS 5,316.65 DRAGUN CORPORATION 446768 04-Aug-2021 MATERIALS 10,181.30 DROUJKO,LENA& FLEWWELLING, DAVID JAMES 446394 14-Jul-2021 REFUND 136.08 DS ENVIRO SYSTEMS INC.446951 18-Aug-2021 CONTRACT SERVICES 1,186.50 DS ENVIRO SYSTEMS INC.447062 25-Aug-2021 CONTRACT SERVICES 282.50 DTAH ARCHITECTS LTD.446548 21-Jul-2021 CONTRACT SERVICES 6,788.48 DUBOIS CHEMICALS CANADA INC 447063 25-Aug-2021 MATERIALS 4,210.15 DUFF,YVETTE 446395 14-Jul-2021 MATERIALS 450.00 DUMONT SECURITY 00364-0025 09-Aug-2021 CONTRACT SERVICES 1,275.31 Page 330 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount DUMONT SECURITY 00366-0032 23-Aug-2021 CONTRACT SERVICES 149.16 E & R LAWN & GARDEN EQUIPMENT 446398 14-Jul-2021 STORES/INVENTORY 958.69 E & R LAWN & GARDEN EQUIPMENT 446771 04-Aug-2021 STORES/INVENTORY 911.32 E & R LAWN & GARDEN EQUIPMENT 446844 11-Aug-2021 STORES/INVENTORY 2,847.39 E & R LAWN & GARDEN EQUIPMENT 446956 18-Aug-2021 STORES/INVENTORY 584.73 EASHAK,ALBERT CHARLES 446628 28-Jul-2021 REFUND 750.00 EASTLAND,MARI-LYNNE 446952 18-Aug-2021 MATERIALS 305.10 EDGAR,MEGHAN 446549 21-Jul-2021 MATERIALS 15.59 EDGETECH HVAC SERVICES LTD 00363-0020 03-Aug-2021 CONTRACT SERVICES 1,921.00 ELEMECH INC US DRAFT 05-Aug-2021 MATERIALS 504.00 ELIA,CAROLINE 446769 04-Aug-2021 MATERIALS 412.45 ELIA,PATRIZIO 446629 28-Jul-2021 REFUND 750.00 ELKARIM RIZEIG,AWAD 446953 18-Aug-2021 REFUND 187.57 ELLIS ENGINEERING INC.00359-0026 19-Jul-2021 MATERIALS 1,876.73 ELLIS ENGINEERING INC.00360-0036 26-Jul-2021 MATERIALS 3,144.24 ELLIS ENGINEERING INC.00366-0033 23-Aug-2021 MATERIALS 7,419.82 EMCO WATERWORKS 00359-0027 19-Jul-2021 MATERIALS 1,383.12 EMCO WATERWORKS 00363-0021 03-Aug-2021 STORES/INVENTORY 178.43 EMCO WATERWORKS 00365-0023 16-Aug-2021 MATERIALS 12,886.97 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00359-0028 19-Jul-2021 UTILITIES 1,130.31 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00360-0037 26-Jul-2021 UTILITIES 3,052.33 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00363-0022 03-Aug-2021 UTILITIES 2,131.44 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00364-0026 09-Aug-2021 UTILITIES 5,571.61 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00365-0024 16-Aug-2021 UTILITIES 2,525.58 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00366-0034 23-Aug-2021 UTILITIES 3,187.72 ENSIGN ELECTRONIC ALARM SYSTEMS 446630 28-Jul-2021 SERVICES 1,396.68 ENTERPRISE RENT A CAR CANADA COMPANY 446396 14-Jul-2021 LEASES AND RENTS 9,426.46 ENTERPRISE RENT A CAR CANADA COMPANY 446550 21-Jul-2021 LEASES AND RENTS 3,101.74 ENTERPRISE RENT A CAR CANADA COMPANY 446770 04-Aug-2021 LEASES AND RENTS 4,975.39 ENTERPRISE RENT A CAR CANADA COMPANY 446954 18-Aug-2021 MATERIALS 1,332.26 ENTRO COMMUNICATIONS INC 446631 28-Jul-2021 MATERIALS 1,695.00 ENTRO COMMUNICATIONS INC 447064 25-Aug-2021 MATERIALS 2,062.25 E-QUIP RENTALS & REPAIRS INC 446551 21-Jul-2021 MATERIALS 331.27 E-QUIP RENTALS & REPAIRS INC 446843 11-Aug-2021 MATERIALS 774.11 E-QUIP RENTALS & REPAIRS INC 446955 18-Aug-2021 MATERIALS 5,405.54 E-QUIP RENTALS & REPAIRS INC 447065 25-Aug-2021 MATERIALS 130.74 EQUIPMENT SPECIALIST INC 00359-0029 19-Jul-2021 MATERIALS 250.69 EQUIPMENT SPECIALIST INC 00365-0025 16-Aug-2021 MATERIALS 1,058.47 EQUITABLE BANK TOWER 446397 14-Jul-2021 REFUND 153,443.33 ESCANDON,SEAN 446957 18-Aug-2021 MATERIALS 25.00 ESO SOLUTIONS INC US DRAFT 17-Aug-2021 MATERIALS 4,890.83 ESPINET,TAMIKA 446399 14-Jul-2021 REFUND 85.31 ESPINOSA,GEORGE 446958 18-Aug-2021 REFUND 3,076.59 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 00360-0038 26-Jul-2021 MATERIALS 2,013.38 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 00364-0027 09-Aug-2021 MATERIALS 5,480.50 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 00366-0035 23-Aug-2021 MATERIALS 6,390.77 EVOLUTION TRUCK & TRAILER SERVICE 00360-0039 26-Jul-2021 MATERIALS 47.49 EVOLUTION TRUCK & TRAILER SERVICE 00364-0028 09-Aug-2021 MATERIALS 334.37 EXP SERVICES INC 446400 14-Jul-2021 MATERIALS 8,397.03 EXP SERVICES INC 446845 11-Aug-2021 MATERIALS 75,560.84 EXP SERVICES INC 446959 18-Aug-2021 MATERIALS 4,733.57 FABBRO,SABRINA& FABBRO, NORINO 446960 18-Aug-2021 REFUND 42.46 FACEY,P 446846 11-Aug-2021 REFUND 750.00 FALLS AUTO BODY INC 446632 28-Jul-2021 CONTRACT SERVICES 1,685.85 FALLS CHEVROLET CADILLAC 00359-0030 19-Jul-2021 MATERIALS 1,292.14 FALLS CHEVROLET CADILLAC 00360-0040 26-Jul-2021 CONTRACT SERVICES 143.86 FALLS CHEVROLET CADILLAC 00364-0029 09-Aug-2021 CONTRACT SERVICES 80.41 FALLS CHEVROLET CADILLAC 00365-0026 16-Aug-2021 MATERIALS 341.17 FALLS CHEVROLET CADILLAC 00366-0036 23-Aug-2021 MATERIALS 717.27 FALLS ELECTRIC INC 00360-0041 26-Jul-2021 CONTRACT SERVICES 3,798.02 FALLS ELECTRIC INC 00363-0023 03-Aug-2021 CONTRACT SERVICES 4,670.01 FALLSVIEW BIA 446961 18-Aug-2021 SERVICES 27,750.00 FALLSWAY AUTOMOTIVE AND INDUSTRIAL SUPPLY INC 446633 28-Jul-2021 MATERIALS 29.92 FALLSWAY SUPPLY 00360-0042 26-Jul-2021 MATERIALS 6.10 FALLSWAY SUPPLY 00366-0037 23-Aug-2021 MATERIALS 83.68 FAROOQ,HALEEMA& BUTT, WALEED 446962 18-Aug-2021 REFUND 150.26 FASTENAL CANADA LTD 00364-0030 09-Aug-2021 STORES/INVENTORY 1,444.76 FASTENAL CANADA LTD 00365-0027 16-Aug-2021 STORES/INVENTORY 1,523.77 FASTENAL CANADA LTD 00366-0038 23-Aug-2021 STORES/INVENTORY 440.26 FIORENTINO,LISA MARIE 446847 11-Aug-2021 REFUND 200.00 FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 00366-0039 23-Aug-2021 MATERIALS 1,416.28 FIRE MONITORING OF CANADA INC 00359-0031 19-Jul-2021 CONTRACT SERVICES 1,006.82 FIRE MONITORING OF CANADA INC 00364-0031 09-Aug-2021 CONTRACT SERVICES 135.60 FIRE MONITORING OF CANADA INC 00365-0028 16-Aug-2021 CONTRACT SERVICES 214.98 FIREZORB INTERNATIONAL,INC.446848 11-Aug-2021 MATERIALS 957.68 FLAGS UNLIMITED INC 00365-0029 16-Aug-2021 STORES/INVENTORY 245.59 FLAGS UNLIMITED INC 00366-0040 23-Aug-2021 STORES/INVENTORY 205.48 FLEXO PRODUCTS LTD 00359-0032 19-Jul-2021 STORES/INVENTORY 1,722.61 FLEXO PRODUCTS LTD 00360-0043 26-Jul-2021 MATERIALS 216.85 FLEXO PRODUCTS LTD 00363-0024 03-Aug-2021 STORES/INVENTORY 735.35 FLEXO PRODUCTS LTD 00364-0032 09-Aug-2021 STORES/INVENTORY 1,485.09 FLEXO PRODUCTS LTD 00365-0030 16-Aug-2021 STORES/INVENTORY 2,017.40 FLEXO PRODUCTS LTD 00366-0041 23-Aug-2021 STORES/INVENTORY 1,104.42 FLORIO,FRANK 447066 25-Aug-2021 LEASES AND RENTS 135.60 FLORIO,MIRELLA 446963 18-Aug-2021 REFUND 210.76 FORBES,MARK 446401 14-Jul-2021 REFUND 189.88 FRANZE,FRANK 446402 14-Jul-2021 TRAVEL/MILEAGE 43.66 FREER,MELANIE 446922 12-Aug-2021 REFUND 80.00 FREROTTE,STEWART 446634 28-Jul-2021 CONTRACT SERVICES 300.00 Page 331 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount GALASSI,ANTHONY 446403 14-Jul-2021 REFUND 33.55 GALES GAS BARS LIMITED 00363-0025 03-Aug-2021 FUEL 173.49 GARAGE SUPPLY CONTRACTING INC.00359-0033 19-Jul-2021 CONTRACT SERVICES 4,124.63 GARAGE SUPPLY CONTRACTING INC.00360-0044 26-Jul-2021 CONTRACT SERVICES 5,628.15 GARAGE SUPPLY CONTRACTING INC.00366-0042 23-Aug-2021 CONTRACT SERVICES 847.50 GARCIA BOURAS,ALEJANDRO 446772 04-Aug-2021 REFUND 366.30 GARDNER,CAROL 446849 11-Aug-2021 MATERIALS 100.00 GAROFALO SEWER CLEANING 446552 21-Jul-2021 CONTRACT SERVICES 282.50 GAROFALO SEWER CLEANING 446635 28-Jul-2021 CONTRACT SERVICES 141.25 GARRITANO BROS LTD.00365-0031 16-Aug-2021 CONTRACT SERVICES 169,898.00 GAUBOC CONSTRUCTION LIMITED 446404 14-Jul-2021 CONTRACT SERVICES 53,121.30 GAUBOC CONSTRUCTION LIMITED 446553 21-Jul-2021 CONTRACT SERVICES 11,187.00 GAULD NURSERIES LTD 00360-0045 26-Jul-2021 CONTRACT SERVICES 407.68 GAULD NURSERIES LTD 00363-0026 03-Aug-2021 CONTRACT SERVICES 912.99 GHD LIMITED 447067 25-Aug-2021 MATERIALS 3,075.86 GILL,ANDREW 446964 18-Aug-2021 MATERIALS 175.00 GIROUX,JOELL& GIROUX, TINA 446636 28-Jul-2021 REFUND 500.00 GIURA PAINT & WALLPAPER LTD 446637 28-Jul-2021 MATERIALS 272.93 GM BLUEPLAN ENGINEERING LIMITED 00359-0034 19-Jul-2021 MATERIALS 16,820.05 GM BLUEPLAN ENGINEERING LIMITED 00366-0043 23-Aug-2021 MATERIALS 9,551.33 GOMES,MELISSA KATHLEEN& BOTTOMLEY, RICHARD 446638 28-Jul-2021 REFUND 500.00 GP EMPIRE COMMUNITES (NIAGARA) LTD 446640 28-Jul-2021 REFUND 13,000.00 GP EMPIRE COMMUNITES (NIAGARA) LTD 446850 11-Aug-2021 REFUND 6,000.00 GRANITE TELECOMMUNICATIONS 446555 21-Jul-2021 SERVICES 162.32 GRAVELLE,CURTICE 446641 28-Jul-2021 REFUND 750.00 GREAT CHOICE PLUMBING 446851 11-Aug-2021 CONTRACT SERVICES 5,200.00 GREAT LAKES FIRE SERVICES LTD.446556 21-Jul-2021 CONTRACT SERVICES 444.09 GREAT LAKES FIRE SERVICES LTD.446642 28-Jul-2021 CONTRACT SERVICES 84.75 GREAT LAKES FIRE SERVICES LTD.446773 04-Aug-2021 CONTRACT SERVICES 84.75 GREAT LAKES FIRE SERVICES LTD.446965 18-Aug-2021 CONTRACT SERVICES 1,059.38 GREEN,SIMON 446557 21-Jul-2021 TRAINING 199.50 GRETZINGER,ADELLA 446405 14-Jul-2021 REFUND 193.73 GREY,VIOLET 446774 04-Aug-2021 REFUND 500.00 GRIFFIN LANDSCAPE 446558 21-Jul-2021 CONTRACT SERVICES 11,688.48 GRSIC,FRENK& GRSIC, DANIELLA 446852 11-Aug-2021 REFUND 10.96 GSP GROUP 446853 11-Aug-2021 MATERIALS 12,354.01 GT FRENCH 446854 11-Aug-2021 MATERIALS 78.63 GT FRENCH 446966 18-Aug-2021 MATERIALS 264.12 GUIRGUIS,RAFIK 446775 04-Aug-2021 MATERIALS 1,000.00 GUZMAN,JOSE GUZMAN 446967 18-Aug-2021 REFUND 172.47 HAECHUNG,SIN 446406 14-Jul-2021 REFUND 89.28 HAINER,KELLY JANE DOROTHY& KNAPP, TIMOTHY CORY LEE446643 28-Jul-2021 REFUND 750.00 HALLEX ENGINEERING LTD 446776 04-Aug-2021 MATERIALS 6,497.50 HARDY,ROBERT LEE 446968 18-Aug-2021 REFUND 929.87 HARNESS,BRIAN 446407 14-Jul-2021 REFUND 31.81 HARRIMAN,JOHN 446408 14-Jul-2021 CONTRACT SERVICES 2,040.00 HELLER HIGHWATER DEVELOPMENTS 446644 28-Jul-2021 REFUND 1,250.00 HENDERSON RECREATION EQUIPMENT LIMITED 00360-0046 26-Jul-2021 MATERIALS 9,673.37 HENDERSON,JASON 446409 14-Jul-2021 MATERIALS 1,695.00 HERC RENTALS 446410 14-Jul-2021 LEASES AND RENTS 2,902.97 HERC RENTALS 446645 28-Jul-2021 LEASES AND RENTS 7,983.17 HERC RENTALS 446777 04-Aug-2021 LEASES AND RENTS 2,902.97 HERC RENTALS 446855 11-Aug-2021 LEASES AND RENTS 2,177.23 HERC RENTALS 446969 18-Aug-2021 CONTRACT SERVICES 5,805.94 HERC RENTALS 447068 25-Aug-2021 LEASES AND RENTS 2,177.23 HEXAGON GEOSPATIAL 446778 04-Aug-2021 MATERIALS 4,000.20 HICKORY DICKORY DECKS NIAGARA 446856 11-Aug-2021 REFUND 500.00 HICKS MORLEY HAMILTON STEWART STORIE LLP 446857 11-Aug-2021 CONTRACT SERVICES 1,377.47 HIGH PEAKS SERVICES INC 446970 18-Aug-2021 MATERIALS 847.50 HILARIO PORTO GONCALVES 446639 28-Jul-2021 MATERIALS 2,400.00 HILLIS,NATALIE 446972 18-Aug-2021 REFUND 90.70 HILLSIDE HOLDINGS INC 446971 18-Aug-2021 REFUND 291.37 HOCO LIMITED 446646 28-Jul-2021 REFUND 1,250.00 HODDER-HARTMANN,DAPHNE 446411 14-Jul-2021 REFUND 219.63 HOFER,BRANDON& HOFER, MICHELLE 446647 28-Jul-2021 REFUND 750.00 HOLM,MELANIE 446973 18-Aug-2021 REFUND 200.00 HONG,RONALD 446858 11-Aug-2021 REFUND 1,250.00 HORTH,CHRISTOPHER& MARALDO, JAMIE 446780 04-Aug-2021 REFUND 197.75 HSBC BANK CANADA 446648 28-Jul-2021 REFUND 79.02 HUANG,LI 446412 14-Jul-2021 TRAVEL/MILEAGE 24.78 HUANG,LI 446859 11-Aug-2021 TRAVEL/MILEAGE 28.91 HUGGINS,CARL 446413 14-Jul-2021 REFUND 181.38 HUGO,VICTOR& COSTA, GUIMARES 446414 14-Jul-2021 REFUND 203.30 HUNT,MARTYN KEVIN 446649 28-Jul-2021 REFUND 750.00 HYMAN,JANE& HYMAN, JIM 446781 04-Aug-2021 REFUND 200.00 HYNES,DONNA 446415 14-Jul-2021 MATERIALS 150.00 IBI GROUP PROFESSIONAL SERVICES (CANADA) INC 00366-0044 23-Aug-2021 MATERIALS 5,344.05 IDEAL PLUMBING 446650 28-Jul-2021 REFUND 500.00 IMAGINE TOWNHOMES GP INC.446782 04-Aug-2021 REFUND 22.29 INCIRQUE 00359-0035 19-Jul-2021 MATERIALS 2,344.75 INFOR (CANADA) LTD 446416 14-Jul-2021 SERVICES 232.60 INJEONG,JEONG 446974 18-Aug-2021 REFUND 147.12 INLAND LIFERAFTS & MARINE 00359-0036 19-Jul-2021 MATERIALS 1,524.16 INLAND LIFERAFTS & MARINE 00363-0027 03-Aug-2021 MATERIALS 31,644.97 INLAND LIFERAFTS & MARINE 00366-0045 23-Aug-2021 MATERIALS 819.27 INNOTEX INC.00360-0047 26-Jul-2021 MATERIALS 7,263.65 INNOTEX INC.00363-0028 03-Aug-2021 MATERIALS 29,054.61 INNOVATIVE SURFACE SOLUTIONS CANADA 00363-0029 03-Aug-2021 MATERIALS 5,313.50 INTACT PUBLIC ENTITIES INC.446783 04-Aug-2021 MATERIALS 17,980.54 Page 332 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount INTACT PUBLIC ENTITIES INC.446860 11-Aug-2021 MATERIALS 31,144.24 INTACT PUBLIC ENTITIES INC.446975 18-Aug-2021 REMITTANCE 15,823.18 INTACT PUBLIC ENTITIES INC.447069 25-Aug-2021 MATERIALS 16,135.90 INTERNAT ENERGY SOLUTIONS CANADA INC.446784 04-Aug-2021 CONTRACT SERVICES 3,017.10 ISHERWOOD,BRETT 446976 18-Aug-2021 MATERIALS 75.00 J J MACKAY CANADA LTD 00360-0048 26-Jul-2021 CONTRACT SERVICES 22.05 JACK DOW AUTO SUPPLIES LIMITED 00359-0037 19-Jul-2021 MATERIALS 136.04 JACK DOW AUTO SUPPLIES LIMITED 00360-0049 26-Jul-2021 MATERIALS 61.45 JACK DOW AUTO SUPPLIES LIMITED 00364-0033 09-Aug-2021 MATERIALS 20.67 JACK DOW AUTO SUPPLIES LIMITED 00365-0032 16-Aug-2021 MATERIALS 392.95 JACK DOW AUTO SUPPLIES LIMITED 00366-0046 23-Aug-2021 MATERIALS 1,211.61 JACKET CELLAR 446559 21-Jul-2021 MATERIALS 135.60 JALUVKA,TATJANA 446861 11-Aug-2021 TRAVEL/MILEAGE 77.66 JANASZEK,DEANNA-LYNN 446560 21-Jul-2021 REFUND 200.00 JBM OFFICE SYSTEMS LTD 00366-0047 23-Aug-2021 LEASES AND RENTS 534.49 JERVIS,JIM 447070 25-Aug-2021 MATERIALS 74.56 JETWAYZ MOBILE SANDBLASTING AND PAINTING 447071 25-Aug-2021 MATERIALS 11,995.85 JIFFY LUBE 446417 14-Jul-2021 CONTRACT SERVICES 49.14 JIFFY LUBE 446651 28-Jul-2021 CONTRACT SERVICES 49.14 JOE JOHNSON EQUIPMENT 00363-0030 03-Aug-2021 LEASES AND RENTS 12,712.50 JOE JOHNSON EQUIPMENT 00364-0034 09-Aug-2021 MATERIALS 1,617.97 JOHNS,MARK 446652 28-Jul-2021 REFUND 750.00 JORDAN,JOSIAH 446653 28-Jul-2021 TRAVEL/MILEAGE 236.59 JORDAN,JOSIAH 446785 04-Aug-2021 TRAVEL/MILEAGE 68.44 JORDAN,JOSIAH 446863 11-Aug-2021 TRAVEL/MILEAGE 77.29 JOSEPH,EMILY 446418 14-Jul-2021 REFUND 210.27 JTS REPAIR LTD.446419 14-Jul-2021 MATERIALS 1,523.27 JUICE WILLIS ENTERTAINMENT 446786 04-Aug-2021 LEASES AND RENTS 1,000.00 K PAUL ARCHITECTS INC 446657 28-Jul-2021 REFUND 1,250.00 KAUR,SANDEEP 446420 14-Jul-2021 REFUND 134.51 KECZAN,MOLLY 00363-0031 03-Aug-2021 MATERIALS 2,599.00 KEEFER MANAGEMENT INC.446654 28-Jul-2021 REFUND 500.00 KELLEY,SUSAN MARLENE 447072 25-Aug-2021 REFUND 14.37 KELLY DIGS LANDSCAPING 00359-0038 19-Jul-2021 CONTRACT SERVICES 16,655.59 KELLY DIGS LANDSCAPING 00360-0050 26-Jul-2021 CONTRACT SERVICES 27,638.64 KELLY DIGS LANDSCAPING 00365-0033 16-Aug-2021 CONTRACT SERVICES 41,836.50 KENWORTH TRUCK CENTRES 00364-0035 09-Aug-2021 STORES/INVENTORY 82.04 KERRY T HOWE ENGINEERING LTD 00363-0032 03-Aug-2021 MATERIALS 391.26 KEYES,HAYLEY 446977 18-Aug-2021 REFUND 62.99 KHANDAN,CAMRAN 446978 18-Aug-2021 REFUND 79.03 KIVISTO,CRAIG 446655 28-Jul-2021 MATERIALS 175.00 KMB INTERNATIONAL 00365-0034 16-Aug-2021 CONTRACT SERVICES 7,729.20 KOTELES,PAULA DIANE 446421 14-Jul-2021 REFUND 16.31 KOZIOL,ED 446656 28-Jul-2021 REFUND 500.00 KROWN - 1907611 ONTARIO INC 446658 28-Jul-2021 CONTRACT SERVICES 536.75 KRYS,ELIZABETH 446787 04-Aug-2021 REFUND 124.30 LACASSE,ELIZABETH 446422 14-Jul-2021 REFUND 111.42 LAGACE,ED 446979 18-Aug-2021 MATERIALS 150.00 LAMMIE,ELTON 446423 14-Jul-2021 REFUND 149.49 LAMPI,DIANE 446980 18-Aug-2021 REFUND 166.81 LANDTEK LIMITED 446864 11-Aug-2021 MATERIALS 1,706.30 LASOVICH,LAURIE 447073 25-Aug-2021 REFUND 149.73 LAW CRUSHED STONE 446424 14-Jul-2021 MATERIALS 4,576.27 LAW CRUSHED STONE 00360-0051 26-Jul-2021 MATERIALS 4,075.64 LAWNS AND MORE INC.446561 21-Jul-2021 MATERIALS 2,570.75 LAWNS AND MORE INC.446865 11-Aug-2021 CONTRACT SERVICES 34,735.12 LAWSON PRODUCTS 00359-0039 19-Jul-2021 MATERIALS 297.39 LAWSON PRODUCTS 00360-0052 26-Jul-2021 MATERIALS 504.40 LAWSON PRODUCTS 00363-0033 03-Aug-2021 MATERIALS 2,051.45 LAWSON PRODUCTS 00364-0036 09-Aug-2021 MATERIALS 607.08 LAWSON PRODUCTS 00365-0035 16-Aug-2021 MATERIALS 714.27 LAWSON PRODUCTS 00366-0048 23-Aug-2021 MATERIALS 699.78 LEBLANC,RON 446562 21-Jul-2021 MATERIALS 243.75 LEE,JAE HYUNG 446425 14-Jul-2021 REFUND 213.14 LEE,WENNIE 446981 18-Aug-2021 REFUND 23.92 LEHTINEN,ERIC 446659 28-Jul-2021 TRAVEL/MILEAGE 22.42 LEONE,MARY 446660 28-Jul-2021 REFUND 17.48 LESANI,MARY 446982 18-Aug-2021 REFUND 113.95 LESKIW,MIKE 446426 14-Jul-2021 REFUND 153.25 LEWIS,MICHAEL JOHN 446788 04-Aug-2021 REFUND 110.18 LEXISNEXIS CANADA INC 446427 14-Jul-2021 MATERIALS 253.58 LH (NIAGARA) LTD 446661 28-Jul-2021 REFUND 1,000.00 LI,DUO 446983 18-Aug-2021 REFUND 126.91 LIGHTNING EQUIPMENT SALES INC 00363-0034 03-Aug-2021 MATERIALS 838.46 LINCOLN APPLIANCE SERVICE CENTRE 446662 28-Jul-2021 CONTRACT SERVICES 455.39 LINDE CANADA INC.446428 14-Jul-2021 MATERIALS 507.88 LINDE CANADA INC.446563 21-Jul-2021 CONTRACT SERVICES 224.20 LINDE CANADA INC.446663 28-Jul-2021 MATERIALS 288.27 LINDE CANADA INC.446866 11-Aug-2021 MATERIALS 424.63 LINDE CANADA INC.446984 18-Aug-2021 CONTRACT SERVICES 120.63 LINDE CANADA INC.447074 25-Aug-2021 CONTRACT SERVICES 448.29 LIU,YU 446664 28-Jul-2021 REFUND 212.64 LLOYD,SARAH 446430 14-Jul-2021 REFUND 114.97 LOCOCO,LORI 446665 28-Jul-2021 SERVICES 122.12 LUNDY'S LANE BIA 446985 18-Aug-2021 REMITTANCE 25,000.00 LUTKA,KATHY 446986 18-Aug-2021 REFUND 146.61 M&L SUPPLY FIRE AND SAFETY 00363-0035 03-Aug-2021 MATERIALS 195.66 MACCARTHY,KATHLEEN 446868 11-Aug-2021 REFUND 175.82 MACDONALD,WENDY ARLENE& MACDONALD, DANIEL C 446432 14-Jul-2021 REFUND 500.00 Page 333 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount MACLEAN,FIONNUALA MARGARET 446867 11-Aug-2021 REFUND 500.00 MADERE AMELIA,447075 25-Aug-2021 REFUND 90.40 MAIN & FERRY BIA 446987 18-Aug-2021 REFUND 9,750.00 MAIURI,JAKE 446433 14-Jul-2021 MATERIALS 1,200.00 MALLECK,DAN 446666 28-Jul-2021 MATERIALS 210.00 MANCHESTER SUPPLY 447076 25-Aug-2021 MATERIALS 1,863.77 MANCINI,PHILIP 447077 25-Aug-2021 MATERIALS 200.00 MANCUSO CHEMICALS LIMITED 00359-0040 19-Jul-2021 MATERIALS 356.90 MANCUSO CHEMICALS LIMITED 00360-0053 26-Jul-2021 STORES/INVENTORY 504.97 MANCUSO CHEMICALS LIMITED 00364-0038 09-Aug-2021 MATERIALS 2,003.29 MANCUSO CHEMICALS LIMITED 00365-0036 16-Aug-2021 MATERIALS 377.78 MANCUSO CHEMICALS LIMITED 00366-0049 23-Aug-2021 MATERIALS 343.14 MANGALIMAN,MARIA CLEOFE 446989 18-Aug-2021 REFUND 638.90 MANNINGHAM,DEANNA 446988 18-Aug-2021 REFUND 60.54 MAPLE LEAF COLLISION CENTRE 447078 25-Aug-2021 MATERIALS 2,826.02 MARAZZO,ASHLEY 446869 11-Aug-2021 MATERIALS 750.00 MARICIC,TANIA 446435 14-Jul-2021 GRANT 213.00 MARINA(THUNDERING WATERS) DEVELOPMENTS INC 446870 11-Aug-2021 REFUND 6,887.93 MARINELLI,MARCO VINCENZO 446789 04-Aug-2021 REFUND 141.25 MARK'S L'EQUIPEUR 00363-0036 03-Aug-2021 MATERIALS 1,672.55 MARK'S L'EQUIPEUR 00365-0037 16-Aug-2021 MATERIALS 4,675.05 MARKS SUPPLY INC 00359-0041 19-Jul-2021 MATERIALS 141.57 MARKS SUPPLY INC 00360-0054 26-Jul-2021 MATERIALS 1,486.26 MARKS SUPPLY INC 00363-0037 03-Aug-2021 MATERIALS 1,038.99 MARKS SUPPLY INC 00364-0039 09-Aug-2021 MATERIALS 101.95 MARKS SUPPLY INC 00365-0038 16-Aug-2021 MATERIALS 146.74 MARKS SUPPLY INC 00366-0050 23-Aug-2021 MATERIALS 514.79 MARTINEZ,JOHN 446434 14-Jul-2021 MATERIALS 338.74 MARTINEZ,JOHN 447079 25-Aug-2021 TRAVEL/MILEAGE 232.46 MATHEMA,BRUCE NKUMBULO 446667 28-Jul-2021 REFUND 500.00 MATSON,LESLEY KATHLEEN 446668 28-Jul-2021 REFUND 500.00 MAURICE,STEVE 446871 11-Aug-2021 TRAVEL/MILEAGE 99.71 MAZEROLLE,LISA 446990 18-Aug-2021 REFUND 209.71 MCANENEY,JOHN 446669 28-Jul-2021 CONTRACT SERVICES 1,678.05 MCANENEY,JOHN 446790 04-Aug-2021 CONTRACT SERVICES 3,842.00 MCLAUGHLIN,BRYAN 446991 18-Aug-2021 MATERIALS 175.00 MCLAUGHLIN,SCOTT 447080 25-Aug-2021 MATERIALS 175.00 MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 446670 28-Jul-2021 MATERIALS 44.07 MCQUEEN,SHERARD 446671 28-Jul-2021 REFUND 750.00 MESSINA,MACKENZIE 446436 14-Jul-2021 MATERIALS 28.78 METAL SUPERMARKETS 00359-0042 19-Jul-2021 MATERIALS 160.69 METRO FREIGHTLINER HAMILTON 446437 14-Jul-2021 STORES/INVENTORY 736.07 METRO FREIGHTLINER HAMILTON 446672 28-Jul-2021 STORES/INVENTORY 830.94 METRO FREIGHTLINER HAMILTON 447081 25-Aug-2021 STORES/INVENTORY 1,052.25 METRO TRUCK NIAGARA 446439 14-Jul-2021 MATERIALS 649.04 METROLAND MEDIA GROUP 446438 14-Jul-2021 ADVERTISING 2,227.23 METROLAND MEDIA GROUP 446564 21-Jul-2021 ADVERTISING 1,471.20 METROLAND MEDIA GROUP 446791 04-Aug-2021 ADVERTISING 637.32 METROLAND MEDIA GROUP 446872 11-Aug-2021 ADVERTISING 906.06 METROLAND MEDIA GROUP 446992 18-Aug-2021 ADVERTISING 318.66 METROLAND MEDIA GROUP 447082 25-Aug-2021 ADVERTISING 1,255.46 MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD 00359-0043 19-Jul-2021 CONTRACT SERVICES 1,728.90 MINISTER OF FINANCE 446673 28-Jul-2021 PAYROLL REMITTANCE 89,397.18 MINISTER OF FINANCE 446674 28-Jul-2021 PAYROLL REMITTANCE 4,464.87 MINISTRY OF ATTORNEY GENERAL 00360-0055 26-Jul-2021 PAYROLL REMITTANCE 3,643.41 MINISTRY OF ATTORNEY GENERAL 00364-0040 09-Aug-2021 PAYROLL REMITTANCE 3,643.41 MINISTRY OF ATTORNEY GENERAL 00366-0051 23-Aug-2021 PAYROLL REMITTANCE 3,551.10 MINISTRY OF TRANSPORTATION 446675 28-Jul-2021 MATERIALS 420.75 MIRANDA,GWEN 446676 28-Jul-2021 REFUND 750.00 MISKA TRAILER FACTORY 446873 11-Aug-2021 MATERIALS 7,707.73 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00359-0044 19-Jul-2021 STORES/INVENTORY 870.00 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00364-0041 09-Aug-2021 STORES/INVENTORY 7,298.20 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 00365-0039 16-Aug-2021 MATERIALS 63,170.79 MITOGRAPHICS INC.447083 25-Aug-2021 REFUND 2,100.00 MNP LLP 446677 28-Jul-2021 CONTRACT SERVICES 26,434.69 MO,SUI ZHUN 447086 25-Aug-2021 REFUND 13.72 MOBILE SMART CITY CORP US DRAFT 29-Jul-2021 CONTRACT SERVICES 1,485.00 MODERN LANDFILL INC 00360-0056 26-Jul-2021 CONTRACT SERVICES 4,204.60 MODERN LANDFILL INC 00363-0038 03-Aug-2021 CONTRACT SERVICES 552.90 MODERN LANDFILL INC 00364-0042 09-Aug-2021 CONTRACT SERVICES 126.59 MODU-LOC FENCE RENTALS 00364-0043 09-Aug-2021 MATERIALS 722.64 MOHAWK MFG & SUPPLY CO 446440 14-Jul-2021 STORES/INVENTORY 1,718.71 MOHAWK MFG & SUPPLY CO 446565 21-Jul-2021 STORES/INVENTORY 40.54 MOHAWK MFG & SUPPLY CO 446678 28-Jul-2021 STORES/INVENTORY 443.14 MOHAWK MFG & SUPPLY CO 446792 04-Aug-2021 STORES/INVENTORY 925.06 MOHAWK MFG & SUPPLY CO 446874 11-Aug-2021 STORES/INVENTORY 234.59 MOHAWK MFG & SUPPLY CO 447084 25-Aug-2021 MATERIALS 2,203.50 MONTEITH BROWN PLANNING CONSULTANTS 00364-0044 09-Aug-2021 MATERIALS 5,787.01 MONTOYA,SULIER 446441 14-Jul-2021 REFUND 118.72 MONTPETIT,JEAN-FRANCOIS 446993 18-Aug-2021 REFUND 734.14 MOORE,KATELYNN 446679 28-Jul-2021 MATERIALS 200.00 MORIN,TANYA L.447085 25-Aug-2021 REFUND 204.04 MOUNTAINVIEW DRUMMOND INC 446875 11-Aug-2021 REFUND 1,645.21 MOUNTAINVIEW HOMES (NIAGARA) LTD 00359-0045 19-Jul-2021 REFUND 214.40 MTB TRANSIT SOLUTIONS INC 446566 21-Jul-2021 CONTRACT SERVICES 22,095.68 MTB TRANSIT SOLUTIONS INC 446994 18-Aug-2021 MATERIALS 119,011.00 MTB TRANSIT SOLUTIONS INC 447087 25-Aug-2021 MATERIALS 223,184.30 MTE PARALEGAL PROFESSIONAL CORPORATION 00363-0039 03-Aug-2021 CONTRACT SERVICES 7,545.58 MUELLER,GUIDO 446876 11-Aug-2021 MATERIALS 130.00 Page 334 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount MUJAN,KATHERIN 446995 18-Aug-2021 REFUND 103.34 MULLER'S WORKWEAR 446442 14-Jul-2021 MATERIALS 469.39 MULLER'S WORKWEAR 446567 21-Jul-2021 MATERIALS 129.97 MULLER'S WORKWEAR 446877 11-Aug-2021 MATERIALS 105.56 MULLER'S WORKWEAR 446996 18-Aug-2021 MATERIALS 113.70 MULLINS,LAURA 446680 28-Jul-2021 MATERIALS 420.00 MYRE,MELANIE 446681 28-Jul-2021 REFUND 500.00 MYRON SMARTER BUSINESS GIFTS ULC 446443 14-Jul-2021 MATERIALS 1,170.87 MYRON SMARTER BUSINESS GIFTS ULC 00365-0040 16-Aug-2021 MATERIALS 854.49 NAGRA,BALWINDER SINGH& NAGRA, GURINDER KAUR 446444 14-Jul-2021 REFUND 500.00 NEDERMAN CANADA LIMITED 00364-0045 09-Aug-2021 CONTRACT SERVICES 1,364.20 NELLA CUTLERY (HAMILTON) INC.00363-0040 03-Aug-2021 CONTRACT SERVICES 237.30 NELLA CUTLERY (HAMILTON) INC.00366-0052 23-Aug-2021 CONTRACT SERVICES 474.60 NEMANI,SHAKOOR& NEMANI, SHAFIQA 446445 14-Jul-2021 REFUND 667.26 NEPTUNE TECHNOLOGY GROUP CANADA CO.00360-0057 26-Jul-2021 MATERIALS 723,475.72 NERIETTE,ALMEIDA 446446 14-Jul-2021 REFUND 26.06 NEUMAN,TERRY& CHAMBERLAIN, TERRI 446447 14-Jul-2021 REFUND 120.96 NEXGEN MUNICIPAL INC 00359-0046 19-Jul-2021 MATERIALS 163.99 NIAGARA BATTERY & TIRE 446448 14-Jul-2021 CONTRACT SERVICES 30.00 NIAGARA BATTERY & TIRE 446568 21-Jul-2021 STORES/INVENTORY 5,593.26 NIAGARA BATTERY & TIRE 446682 28-Jul-2021 CONTRACT SERVICES 56.50 NIAGARA BATTERY & TIRE 446683 28-Jul-2021 CONTRACT SERVICES 1,955.67 NIAGARA BATTERY & TIRE 446878 11-Aug-2021 MATERIALS 105.20 NIAGARA BATTERY & TIRE 447088 25-Aug-2021 CONTRACT SERVICES 3,328.63 NIAGARA BLOCK INCORPORATED 00360-0058 26-Jul-2021 MATERIALS 144.64 NIAGARA CHRYSLER DODGE JEEP 00363-0041 03-Aug-2021 MATERIALS 1,202.75 NIAGARA CUSTOM POWDER COATING INC 447090 25-Aug-2021 MATERIALS 214.70 NIAGARA CUSTOM SIGNS & GRAPHICS 446879 11-Aug-2021 MATERIALS 1,271.25 NIAGARA CUSTOM SIGNS & GRAPHICS 446997 18-Aug-2021 MATERIALS 1,017.00 NIAGARA CUSTOM SIGNS & GRAPHICS 447089 25-Aug-2021 MATERIALS 898.35 NIAGARA FALLS ART GALLERY 00361-0001 30-Jul-2021 FEE FOR SERVICE 2,333.33 NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00366-0053 23-Aug-2021 REMITTANCE 76,614.09 NIAGARA FALLS HUMANE SOCIETY 00361-0002 30-Jul-2021 FEE FOR SERVICE 44,224.08 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00360-0059 26-Jul-2021 REMITTANCE 19,865.39 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00364-0046 09-Aug-2021 REMITTANCE 11,058.16 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00366-0054 23-Aug-2021 PAYROLL REMITTANCE 20,200.69 NIAGARA FITNESS SOLUTIONS 00360-0060 26-Jul-2021 MATERIALS 8,960.85 NIAGARA FITNESS SOLUTIONS 00364-0047 09-Aug-2021 MATERIALS 3,390.00 NIAGARA HEALTH SYSTEM 446569 21-Jul-2021 REFUND 1,896.05 NIAGARA METER SERVICES INC.00359-0047 19-Jul-2021 CONTRACT SERVICES 6,901.14 NIAGARA METER SERVICES INC.00363-0042 03-Aug-2021 CONTRACT SERVICES 4,415.81 NIAGARA METER SERVICES INC.00365-0041 16-Aug-2021 CONTRACT SERVICES 5,984.03 NIAGARA ON THE LAKE HYDRO INC 00363-0043 03-Aug-2021 UTILITIES 112.31 NIAGARA PARKS COMMISSION 446684 28-Jul-2021 REFUND 1,250.00 NIAGARA PARKS COMMISSION 446880 11-Aug-2021 MATERIALS 2,262.83 NIAGARA PENINSULA AMATEUR RADIO CLUB 446450 14-Jul-2021 MATERIALS 400.00 NIAGARA PENINSULA ENERGY INC 446449 14-Jul-2021 UTILITIES 55.13 NIAGARA PENINSULA ENERGY INC 446570 21-Jul-2021 UTILITIES 26.57 NIAGARA PENINSULA ENERGY INC 446685 28-Jul-2021 UTILITIES 196,470.49 NIAGARA PENINSULA ENERGY INC 446881 11-Aug-2021 UTILITIES 72.66 NIAGARA PENINSULA ENERGY INC 446999 18-Aug-2021 UTILITIES 38.12 NIAGARA PENINSULA ENERGY INC 447092 25-Aug-2021 UTILITIES 123,647.46 NIAGARA REGIONAL BROADBAND NETWORK 00360-0061 26-Jul-2021 SERVICES 41,720.35 NIAGARA ROOFMASTERS 446793 04-Aug-2021 CONTRACT SERVICES 565.00 NIAGARA RUBBER SUPPLY INC 446571 21-Jul-2021 MATERIALS 86.28 NICK'S TRUCK PARTS INC.00363-0044 03-Aug-2021 MATERIALS 180.24 NICKS,JOAN 446686 28-Jul-2021 MATERIALS 1,050.00 NIKOLIC,ANTONELA 446687 28-Jul-2021 MATERIALS 158.19 NORRIS,STEVE 446794 04-Aug-2021 MATERIALS 429.88 NORTH AMERICAN TRANSIT SUPPLY CORPORATION 00363-0045 03-Aug-2021 STORES/INVENTORY 728.72 NOSIC,ANTHONY& NOSIC, BERTA 446688 28-Jul-2021 REFUND 750.00 NYK HOLDINGS INC 446451 14-Jul-2021 REFUND 500.00 OGRYZLO,MICHAEL 446452 14-Jul-2021 REFUND 135.95 OMAR,MIKAL ABU 446882 11-Aug-2021 TRAVEL/MILEAGE 8.26 OMERS 00361-0003 30-Jul-2021 PAYROLL REMITTANCE 801,025.44 OMERS 00361-0004 30-Jul-2021 PAYROLL REMITTANCE 39,097.96 ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS446572 21-Jul-2021 TRAINING 1,295.00 ONTARIO DUCT CLEANING 446795 04-Aug-2021 CONTRACT SERVICES 1,864.50 ONTARIO DUCT CLEANING 447000 18-Aug-2021 CONTRACT SERVICES 1,011.35 ONTARIO GYM SPORTS 446453 14-Jul-2021 MATERIALS 231.54 ONTARIO ONE CALL 00363-0046 03-Aug-2021 CONTRACT SERVICES 1,316.78 ORBAN,GIOVANNA 446454 14-Jul-2021 REFUND 35.39 ORKIN CANADA CORPORATION 00360-0062 26-Jul-2021 CONTRACT SERVICES 3,898.50 ORKIN CANADA CORPORATION 00363-0047 03-Aug-2021 CONTRACT SERVICES 1,375.21 ORKIN CANADA CORPORATION 00364-0049 09-Aug-2021 CONTRACT SERVICES 932.25 OSBOURNE,VICTORIA 446455 14-Jul-2021 REFUND 44.16 OSLER HOSKIN & HARCOURT LLP 446573 21-Jul-2021 CONTRACT SERVICES 2,093.04 PAGE-NASH,SONIA 447001 18-Aug-2021 REFUND 63.22 PAPETTI,DAN 446689 28-Jul-2021 MEMBERSHIP 67.80 PAPETTI,WILLIAM 447002 18-Aug-2021 REFUND 213.97 PARADIGM TRANSPORATION SOLUTIONS LTD 00366-0055 23-Aug-2021 CONTRACT SERVICES 1,744.44 PARADISE POOLS 446456 14-Jul-2021 MATERIALS 5,968.17 PARADISE POOLS 446574 21-Jul-2021 MATERIALS 2,087.08 PARADISE POOLS 446690 28-Jul-2021 MATERIALS 843.28 PARADISE POOLS 446796 04-Aug-2021 MATERIALS 175.03 PARADISE POOLS 446883 11-Aug-2021 MATERIALS 1,142.11 PARADISE POOLS 447003 18-Aug-2021 MATERIALS 2,101.29 PARADISE POOLS 447093 25-Aug-2021 MATERIALS 2,534.70 PARKVIEW EQUIPMENT 446575 21-Jul-2021 MATERIALS 529.97 Page 335 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount PARNIAK,MICHAEL 446458 14-Jul-2021 MEMBERSHIP 249.12 PARTY CONNECTION 446459 14-Jul-2021 MATERIALS 374.03 PAUL DRAY LEGAL SERVICES 446692 28-Jul-2021 CONTRACT SERVICES 423.75 PAUL MEDEIROS ENTERPRISES LTD.447004 18-Aug-2021 REFUND 1,045.88 PC AUTO ELECTRIC 446797 04-Aug-2021 MATERIALS 323.41 PC AUTO ELECTRIC 447094 25-Aug-2021 MATERIALS 751.34 PEAK-RYZEX ULC 446460 14-Jul-2021 SERVICES 1,387.09 PEC ROOF MAINTENANCE 00360-0063 26-Jul-2021 CONTRACT SERVICES 141.25 PEC ROOF MAINTENANCE 00366-0056 23-Aug-2021 CONTRACT SERVICES 756.20 PENINSULA AUTO RECYCLING INC 446462 14-Jul-2021 MATERIALS 508.50 PENINSULA CONSTRUCTION INC.447095 25-Aug-2021 CONTRACT SERVICES 4,011.50 PENINSULA HOSE & HYDRAULICS LTD.00359-0048 19-Jul-2021 MATERIALS 231.65 PENINSULA HOSE & HYDRAULICS LTD.00363-0048 03-Aug-2021 MATERIALS 119.26 PENINSULA PEST CONTROL AND CHEMICAL LTD 446693 28-Jul-2021 CONTRACT SERVICES 1,954.90 PENNER BUILDING CENTRE 446463 14-Jul-2021 MATERIALS 538.97 PENNER BUILDING CENTRE 446576 21-Jul-2021 MATERIALS 1,180.50 PENNER BUILDING CENTRE 447005 18-Aug-2021 MATERIALS 16.93 PERFORMANCE CHRYSLER DODGE JEEP RAM FIAT 446694 28-Jul-2021 MATERIALS 72.75 PERFORMANCE CHRYSLER DODGE JEEP RAM FIAT 446885 11-Aug-2021 MATERIALS 774.76 PERFORMANCE CHRYSLER DODGE JEEP RAM FIAT 447006 18-Aug-2021 MATERIALS 1,026.33 PERFORMANCE CHRYSLER DODGE JEEP RAM FIAT 447096 25-Aug-2021 MATERIALS 350.90 PETERS EXCAVATING INC 00364-0050 09-Aug-2021 16333.78 16,333.78 PETERSONS UPHOLSTERING 446464 14-Jul-2021 CONTRACT SERVICES 310.19 PETERSONS UPHOLSTERING 446886 11-Aug-2021 CONTRACT SERVICES 332.80 PHELAN,LISA 446887 11-Aug-2021 REFUND 750.00 PINERIDGE TREE SERVICE LTD 00359-0049 19-Jul-2021 CONTRACT SERVICES 3,688.32 PINERIDGE TREE SERVICE LTD 00360-0064 26-Jul-2021 CONTRACT SERVICES 2,278.08 PINERIDGE TREE SERVICE LTD 00363-0049 03-Aug-2021 CONTRACT SERVICES 1,864.50 PINERIDGE TREE SERVICE LTD 00366-0057 23-Aug-2021 CONTRACT SERVICES 4,723.40 PINGUE,TINO 446888 11-Aug-2021 REFUND 1,000.00 PIPETEK INFRASTRUCTURE SERVICES INC 00359-0050 19-Jul-2021 MATERIALS 14,373.09 PIPETEK INFRASTRUCTURE SERVICES INC 00365-0042 16-Aug-2021 MATERIALS 18,258.54 PK HUMMINGBIRD 446465 14-Jul-2021 MATERIALS 1,000.00 PLATO,ALLISON 446466 14-Jul-2021 MATERIALS 400.00 PML FOODS 00360-0065 26-Jul-2021 MATERIALS 60.00 PML FOODS 00363-0050 03-Aug-2021 MATERIALS 60.00 PML FOODS 00364-0051 09-Aug-2021 MATERIALS 107.60 PML FOODS 00365-0043 16-Aug-2021 MATERIALS 108.00 POOLE,DAVID 446889 11-Aug-2021 REFUND 120.00 POPALZAI,MATEEN 446695 28-Jul-2021 TRAVEL/MILEAGE 180.54 POPALZAI,MATEEN 446890 11-Aug-2021 TRAVEL/MILEAGE 19.47 POPOOLA,OLAPAPO 446467 14-Jul-2021 REFUND 67.00 PORTER,GENE 447097 25-Aug-2021 REFUND 176.67 POTALIVO,MICHAEL& POTALIVO, ANN 446696 28-Jul-2021 REFUND 500.00 POWELL,BETHANY 446468 14-Jul-2021 TRAINING 226.00 POWER,TRACY LEANNE 446469 14-Jul-2021 REFUND 500.00 POWERTECH ARBORIST AND FORESTRY EQUIPMENT 446891 11-Aug-2021 MATERIALS 8,644.80 PPG AC CANADA INC 447007 18-Aug-2021 MATERIALS 192.13 PRECISE PARK LINK INC 00365-0044 16-Aug-2021 MATERIALS 192.10 PRECISE PARK LINK INC 00366-0058 23-Aug-2021 MATERIALS 868.69 PRECISION AUTOMOTIVE MACHINE SHOP 446470 14-Jul-2021 MATERIALS 5,424.00 PRECISION AUTOMOTIVE MACHINE SHOP 446697 28-Jul-2021 CONTRACT SERVICES 226.00 PRECISION CURB CUTTING LTD 446698 28-Jul-2021 CONTRACT SERVICES 1,918.97 PRECISION CURB CUTTING LTD 446798 04-Aug-2021 CONTRACT SERVICES 638.71 PREMIER EQUIPMENT LTD 446471 14-Jul-2021 MATERIALS 534.14 PREMIER EQUIPMENT LTD 446699 28-Jul-2021 MATERIALS 1,007.01 PREMIER EQUIPMENT LTD 446892 11-Aug-2021 MATERIALS 3,401.41 PREMIER TRUCK GROUP 00359-0051 19-Jul-2021 STORES/INVENTORY 1,722.79 PREMIER TRUCK GROUP 00360-0066 26-Jul-2021 MATERIALS 546.08 PREMIER TRUCK GROUP 00363-0051 03-Aug-2021 STORES/INVENTORY 2,944.61 PREMIER TRUCK GROUP 00365-0045 16-Aug-2021 MATERIALS 208.11 PREMIER TRUCK GROUP 00366-0059 23-Aug-2021 MATERIALS 1,514.34 PREVOST 00359-0052 19-Jul-2021 STORES/INVENTORY 2,326.29 PREVOST 00360-0067 26-Jul-2021 STORES/INVENTORY 1,812.87 PREVOST 00364-0052 09-Aug-2021 STORES/INVENTORY 6,934.05 PRINTING HOUSE LTD 00359-0053 19-Jul-2021 MATERIALS 209.74 PRINTING HOUSE LTD 00363-0052 03-Aug-2021 MATERIALS 599.91 PRO BATTERY SHOPS 00363-0053 03-Aug-2021 MATERIALS 186.17 PRO BATTERY SHOPS 00364-0053 09-Aug-2021 STORES/INVENTORY 830.55 PROJECT SHARE 446700 28-Jul-2021 FEE FOR SERVICE 24,866.67 PROJECT SHARE 447098 25-Aug-2021 FEE FOR SERVICE 24,866.67 PROKOPOWICH,RYAN 446472 14-Jul-2021 REFUND 27.63 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 00364-0054 09-Aug-2021 CONTRACT SERVICES 45,139.07 PUROLATOR INC 00359-0054 19-Jul-2021 COURIER 25.53 PUROLATOR INC 00360-0068 26-Jul-2021 COURIER 133.05 PUROLATOR INC 00363-0054 03-Aug-2021 COURIER 102.43 PUROLATOR INC 00364-0055 09-Aug-2021 COURIER 181.07 PUROLATOR INC 00365-0046 16-Aug-2021 COURIER 480.36 PUROLATOR INC 00366-0060 23-Aug-2021 COURIER 110.14 PYM & COOPER CUSTOM HOMES INC 446473 14-Jul-2021 REFUND 750.00 PYRAMID TRAFFIC INC 00360-0069 26-Jul-2021 CONTRACT SERVICES 3,293.95 PYRAMID TRAFFIC INC 00366-0061 23-Aug-2021 CONTRACT SERVICES 11,893.25 QUARANTA,ROCCO 446799 04-Aug-2021 MATERIALS 125.00 R J SMITH EQUIPMENT INC 446477 14-Jul-2021 MATERIALS 1,525.50 R J SMITH EQUIPMENT INC 446802 04-Aug-2021 MATERIALS 1,695.00 R J SMITH EQUIPMENT INC 447009 18-Aug-2021 MATERIALS 579.63 R J SMITH EQUIPMENT INC 447100 25-Aug-2021 MATERIALS 2,350.40 R. STASIAK ENGINEERING INC 00360-0070 26-Jul-2021 MATERIALS 847.50 RACEY,KENNETH LARRY 446701 28-Jul-2021 REFUND 750.00 Page 336 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount RACO AUTO SUPPLY LTD 446702 28-Jul-2021 STORES/INVENTORY 5.97 RACO AUTO SUPPLY LTD 00359-0055 19-Jul-2021 STORES/INVENTORY 2,280.26 RACO AUTO SUPPLY LTD 00360-0071 26-Jul-2021 STORES/INVENTORY 590.71 RACO AUTO SUPPLY LTD 00363-0055 03-Aug-2021 STORES/INVENTORY 1,989.54 RACO AUTO SUPPLY LTD 00364-0056 09-Aug-2021 STORES/INVENTORY 1,785.33 RACO AUTO SUPPLY LTD 00365-0047 16-Aug-2021 STORES/INVENTORY 531.36 RACO AUTO SUPPLY LTD 00366-0062 23-Aug-2021 STORES/INVENTORY 473.24 RAFIQUE,WAJAHAT 446577 21-Jul-2021 REFUND 2.30 RANKIN CONSTRUCTION INC 00364-0057 09-Aug-2021 CONTRACT SERVICES 356,234.12 RAPANARO,GIANCARLO 446474 14-Jul-2021 REFUND 750.00 RBC INSURANCE 00363-0056 03-Aug-2021 REMITTANCE 2,135.39 RECEIVER GENERAL OF CANADA 446578 21-Jul-2021 REMITTANCE 652,016.40 RECEIVER GENERAL OF CANADA 446800 04-Aug-2021 REMITTANCE 666,857.45 RECEIVER GENERAL OF CANADA 447008 18-Aug-2021 REMITTANCE 669,096.02 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.00365-0048 16-Aug-2021 MATERIALS 3,093.14 REDBRICK COMMUNICATIONS 446579 21-Jul-2021 MATERIALS 1,652.63 REFRIGERATION ENERGY SOLUTIONS LTD 00359-0056 19-Jul-2021 CONTRACT SERVICES 19,953.12 REFRIGERATION ENERGY SOLUTIONS LTD 00364-0058 09-Aug-2021 CONTRACT SERVICES 22,590.95 REFRIGERATION ENERGY SOLUTIONS LTD 00365-0049 16-Aug-2021 CONTRACT SERVICES 1,616.17 REFRIGERATION ENERGY SOLUTIONS LTD 00366-0063 23-Aug-2021 CONTRACT SERVICES 2,484.60 REGIONAL MUNICIPALITY OF NIAGARA 00359-0057 19-Jul-2021 MATERIALS 3,965.00 REGIONAL MUNICIPALITY OF NIAGARA 00360-0072 26-Jul-2021 CONTRACT SERVICES 440,083.94 REGIONAL MUNICIPALITY OF NIAGARA 00362-0001 04-Aug-2021 REMITTANCE 24,098,042.00 REGIONAL MUNICIPALITY OF NIAGARA 00363-0057 03-Aug-2021 REMITTANCE 426,862.93 REGIONAL MUNICIPALITY OF NIAGARA 00364-0059 09-Aug-2021 CONTRACT SERVICES 2,049,059.02 REGIONAL MUNICIPALITY OF NIAGARA 00365-0050 16-Aug-2021 REMITTANCE 423,998.00 REGIONAL MUNICIPALITY OF NIAGARA 00366-0064 23-Aug-2021 CONTRACT SERVICES 30,064.89 REGIONAL NIAGARA OCCUPATIONAL HEALTH CLINIC 00363-0058 03-Aug-2021 MATERIALS 3,898.50 REGIONAL NIAGARA OCCUPATIONAL HEALTH CLINIC 00364-0060 09-Aug-2021 MATERIALS 508.50 REID,RIANNA LIN 446703 28-Jul-2021 REFUND 33.41 REIMAN,STEPHEN DOUGLAS& REIMAN, JULIE L 446475 14-Jul-2021 REFUND 80.65 REPAC,SANDRA 446476 14-Jul-2021 REFUND 500.00 RFA BANK OF CANADA 447099 25-Aug-2021 REFUND 2,141.83 RICOH CANADA INC 00360-0073 26-Jul-2021 SERVICES 318.08 RICOH CANADA INC 00365-0051 16-Aug-2021 LEASES AND RENTS 2,920.28 RICOH CANADA INC 00366-0065 23-Aug-2021 SERVICES 21,267.73 RIVER REALTY DEVELOPMENT (1976) INC 446801 04-Aug-2021 REFUND 10,996.00 ROBITAILLE,MELANIE 447101 25-Aug-2021 REFUND 351.26 ROCHESTER MIDLAND CANADA CORPORATION 00359-0058 19-Jul-2021 CONTRACT SERVICES 2,668.72 ROCHESTER MIDLAND CANADA CORPORATION 00363-0059 03-Aug-2021 CONTRACT SERVICES 3,698.34 ROGERS 446580 21-Jul-2021 CONTRACT SERVICES 1,912.56 ROGERS 447010 18-Aug-2021 CONTRACT SERVICES 2,247.99 ROGERS 447102 25-Aug-2021 LEASES AND RENTS 335.78 ROGERS WIRELESS 446581 21-Jul-2021 MATERIALS 335.78 ROGERS WIRELESS 446704 28-Jul-2021 MATERIALS 809.98 ROGERS WIRELESS 446894 11-Aug-2021 MATERIALS 1,161.97 ROMANELLI,FLORENCE 446582 21-Jul-2021 REFUND 200.00 ROMANELLI,NICK 446583 21-Jul-2021 REFUND 200.00 ROWE,CATHARINE ANN 446705 28-Jul-2021 REFUND 500.00 ROY,JANET& PERRY, MATTHEW 447011 18-Aug-2021 REFUND 178.83 ROYAL BANK OF CANADA 446893 11-Aug-2021 REFUND 124.74 RUSH TRUCK CENTRES OF CANADA LTD 00359-0059 19-Jul-2021 MATERIALS 78.33 RUSH TRUCK CENTRES OF CANADA LTD 00360-0074 26-Jul-2021 MATERIALS 559,122.93 RUSH TRUCK CENTRES OF CANADA LTD 00363-0060 03-Aug-2021 MATERIALS 3,363.54 RUSH TRUCK CENTRES OF CANADA LTD 00365-0052 16-Aug-2021 MATERIALS 7,110.78 RYERSON UNIVERSITY 00363-0061 03-Aug-2021 REMITTANCE 102,443.64 SABER,AMIRA 446706 28-Jul-2021 MATERIALS 210.00 SACCO CONSTRUCTION LTD 446478 14-Jul-2021 CONTRACT SERVICES 28,812.14 SADOWSKI,LAURA 446803 04-Aug-2021 REFUND 169.50 SAFESTOR RECORDS MANAGEMENT 446584 21-Jul-2021 MATERIALS 294.93 SAFESTOR RECORDS MANAGEMENT 447104 25-Aug-2021 MATERIALS 294.93 SAFETY-KLEEN CANADA INC 446804 04-Aug-2021 STORES/INVENTORY 96.00 SAFETY-KLEEN CANADA INC 446895 11-Aug-2021 STORES/INVENTORY 96.00 SAFETY-KLEEN CANADA INC 447012 18-Aug-2021 CONTRACT SERVICES 953.09 SAFETY-KLEEN CANADA INC 447103 25-Aug-2021 CONTRACT SERVICES 320.92 SAM VISCA ELECTRIC 447114 25-Aug-2021 CONTRACT SERVICES 4,621.70 SANI GEAR 00359-0060 19-Jul-2021 MATERIALS 4,461.07 SANI GEAR 00360-0075 26-Jul-2021 MATERIALS 2,615.21 SANI GEAR 00363-0063 03-Aug-2021 MATERIALS 2,575.44 SANI GEAR 00364-0061 09-Aug-2021 MATERIALS 2,367.35 SANI GEAR 00365-0054 16-Aug-2021 MATERIALS 2,907.66 SANI GEAR 00366-0066 23-Aug-2021 MATERIALS 4,895.11 SAPEZINSKAS,CHRIS 446896 11-Aug-2021 MATERIALS 500.00 SASSAFRAS FARMS 00360-0076 26-Jul-2021 CONTRACT SERVICES 5,254.50 SB SIMPSON GROUP INC.00363-0062 03-Aug-2021 STORES/INVENTORY 98.31 SB SIMPSON GROUP INC.00365-0053 16-Aug-2021 STORES/INVENTORY 98.31 SB SIMPSON GROUP INC.00366-0067 23-Aug-2021 STORES/INVENTORY 32.77 SCHLEIHAUF,JOANNE 446707 28-Jul-2021 MATERIALS 166.96 SCOTIABANK RETAIL SERVICE CENTRE 446585 21-Jul-2021 REFUND 623.89 SCOTT BEST SEWER SERVICES 00364-0062 09-Aug-2021 CONTRACT SERVICES 1,593.30 SCOTT BEST SEWER SERVICES 00365-0055 16-Aug-2021 CONTRACT SERVICES 361.60 SCOTT CONSTRUCTION NIAGARA INC 00363-0064 03-Aug-2021 CONTRACT SERVICES 8,233.18 SCOTT,CHRIS 446708 28-Jul-2021 MATERIALS 200.00 SEAWAY FLUID POWER GROUP LTD 00359-0061 19-Jul-2021 STORES/INVENTORY 895.17 SEAWAY FLUID POWER GROUP LTD 00360-0077 26-Jul-2021 MATERIALS 581.86 SEAWAY FLUID POWER GROUP LTD 00364-0063 09-Aug-2021 STORES/INVENTORY 236.09 SEBESLAV,NOAH 446479 14-Jul-2021 TRAVEL/MILEAGE 190.57 SEBESLAV,NOAH 447013 18-Aug-2021 TRAVEL/MILEAGE 177.59 SEGUIN ENGINEERING INC 447014 18-Aug-2021 MATERIALS 1,695.00 Page 337 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount SENKERIK FIRE PROTECTION 00366-0068 23-Aug-2021 CONTRACT SERVICES 301.71 SERVICEMASTER CLEAN OF NIAGARA 00359-0062 19-Jul-2021 CONTRACT SERVICES 3,474.75 SERVICEMASTER CLEAN OF NIAGARA 00363-0065 03-Aug-2021 CONTRACT SERVICES 21,682.44 SERVICEMASTER CLEAN OF NIAGARA 00364-0064 09-Aug-2021 CONTRACT SERVICES 4,022.80 SERVICEMASTER RESTORE OF NIAGARA 446897 11-Aug-2021 CONTRACT SERVICES 48,139.94 SHAJIMON,JOHN 447015 18-Aug-2021 REFUND 83.82 SHAO,WEILI 446481 14-Jul-2021 REFUND 250.00 SHARP,BRADLEY 446480 14-Jul-2021 REFUND 750.00 SHAW,FALYNN 446709 28-Jul-2021 MATERIALS 315.00 SHEEHAN ARBITRATION MEDIATION SERVICES 00366-0069 23-Aug-2021 CONTRACT SERVICES 1,849.52 SHELTON,JOSHUA RYAN 446482 14-Jul-2021 REFUND 750.00 SHOPKEY 446898 11-Aug-2021 MEMBERSHIP 2,983.20 SHRED IT C/O STERICYCLE ULC 446805 04-Aug-2021 CONTRACT SERVICES 333.64 SHRED IT C/O STERICYCLE ULC 447105 25-Aug-2021 CONTRACT SERVICES 298.26 SIGNATURE SIGN & IMAGE 00360-0078 26-Jul-2021 MATERIALS 33,904.53 SIGNATURE SIGN & IMAGE 00364-0065 09-Aug-2021 MATERIALS 1,578.25 SIGNS AND DESIGN 446710 28-Jul-2021 MATERIALS 142.35 SIMPLII FINANCIAL 447016 18-Aug-2021 REFUND 10,000.00 SIMPLISTIC LINES INC 446586 21-Jul-2021 MATERIALS 1,857.58 SIMPLISTIC LINES INC 446899 11-Aug-2021 MATERIALS 4,067.99 SIMPLISTIC LINES INC 00366-0070 23-Aug-2021 MATERIALS 6,257.41 SINGH,GURSHARN 446483 14-Jul-2021 REFUND 1,250.00 SINGH,MANDEEP& KAUR, NAVJEET 447106 25-Aug-2021 REFUND 12.10 SINKOWSKI,JESSICA 446806 04-Aug-2021 PETTY CASH 525.95 SKYE,RAYMOND R.446711 28-Jul-2021 MATERIALS 595.00 SLBC INC.00363-0066 03-Aug-2021 MATERIALS 4,904.20 SMITH,DILLON 446484 14-Jul-2021 REFUND 149.15 SNAP ON TOOLS OF CANADA LTD 446587 21-Jul-2021 MATERIALS 6,610.50 SNAP ON TOOLS OF CANADA LTD 446807 04-Aug-2021 MATERIALS 115.89 SOBESKI,TEKINA 446588 21-Jul-2021 TRAINING 200.00 SPARK INNOVATION EDUCATIONAL CENTER INC 00361-0005 30-Jul-2021 REMITTANCE 86,742.07 SPECK INDUSTRIES 446485 14-Jul-2021 MATERIALS 322.10 SPILKA,NATHANIEL 446486 14-Jul-2021 REFUND 144.72 ST JOHN AMBULANCE 00359-0063 19-Jul-2021 MATERIALS 32,536.80 ST JOHN AMBULANCE 00361-0006 30-Jul-2021 FEE FOR SERVICE 2,741.67 ST JOHN AMBULANCE 00365-0056 16-Aug-2021 FEE FOR SERVICE 34,145.35 ST MARYS CEMENT INC 446589 21-Jul-2021 MATERIALS 6,760.35 ST MARYS CEMENT INC 446714 28-Jul-2021 MATERIALS 1,005.38 ST MARYS CEMENT INC 446808 04-Aug-2021 MATERIALS 1,213.39 ST MARYS CEMENT INC 446900 11-Aug-2021 MATERIALS 4,997.44 ST MARYS CEMENT INC 447017 18-Aug-2021 MATERIALS 2,690.81 ST MARYS CEMENT INC 447107 25-Aug-2021 MATERIALS 3,986.12 STAHL,JAMES G.446487 14-Jul-2021 MATERIALS 1,243.00 STAMFORD HOME HARDWARE 00360-0079 26-Jul-2021 MATERIALS 37.26 STAMFORD HOME HARDWARE 00364-0066 09-Aug-2021 MATERIALS 78.50 STAMFORD HOME HARDWARE 00366-0071 23-Aug-2021 MATERIALS 103.06 STANCO SIGNS INC.00363-0067 03-Aug-2021 MATERIALS 8,446.75 STANGL'S ENVIRO LAWN CARE 446489 14-Jul-2021 CONTRACT SERVICES 954.85 STAPLES PROFESSIONAL 00360-0080 26-Jul-2021 STORES/INVENTORY 889.65 STAPLES PROFESSIONAL 00363-0068 03-Aug-2021 MATERIALS 1,211.70 STAPLES PROFESSIONAL 00364-0067 09-Aug-2021 MATERIALS 1,340.22 STAPLES PROFESSIONAL 00365-0057 16-Aug-2021 MATERIALS 1,507.04 STAPLES PROFESSIONAL 00366-0072 23-Aug-2021 STORES/INVENTORY 1,572.87 STAYZER,ROBERT 446488 14-Jul-2021 REFUND 3,250.00 STEVENSON,LISA& KIPP, ROBERT 446713 28-Jul-2021 REFUND 1,250.00 STIEFEL,LINDA 446712 28-Jul-2021 REFUND 107.66 STINSON EQUIPMENT LIMITED 00364-0068 09-Aug-2021 MATERIALS 1,507.15 STORAGE NIAGARA 00363-0069 03-Aug-2021 CONTRACT SERVICES 2,373.00 STREAMLINE UPHOLSTERY INC 446901 11-Aug-2021 CONTRACT SERVICES 254.25 STREAMLINE UPHOLSTERY INC 447018 18-Aug-2021 MATERIALS 288.15 SULLIVAN MAHONEY 446809 04-Aug-2021 CONTRACT SERVICES 6,859.94 SUN LIFE ASSURANCE COMPANY OF CANADA 00364-0069 09-Aug-2021 REMITTANCE 488,285.03 SUN LIFE ASSURANCE COMPANY OF CANADA 00365-0058 16-Aug-2021 REMITTANCE 2,032.85 SUNBELT RENTALS INC 446715 28-Jul-2021 MATERIALS 826.49 SUNBELT RENTALS INC 446902 11-Aug-2021 CONTRACT SERVICES 427.53 SUNBELT RENTALS INC 447108 25-Aug-2021 MATERIALS 826.49 SUNSHINE BUILDING MAINTENANCE INC 00363-0070 03-Aug-2021 CONTRACT SERVICES 3,948.67 SUPERIOR FOOD SERVICE 446810 04-Aug-2021 MATERIALS 620.46 SUPERIOR PROPANE 446590 21-Jul-2021 MATERIALS 39.56 SUPERIOR PROPANE 447019 18-Aug-2021 MATERIALS 39.56 SUTERA CANADA INC 00363-0071 03-Aug-2021 MATERIALS 7,887.40 SYMPOSIUM TECHNOLOGIES INC 00360-0081 26-Jul-2021 MATERIALS 3,390.00 SYSTEMMACS VOICE DATA SOLUTIONS 446716 28-Jul-2021 SERVICES 502.85 SZABO,ETELKA 447020 18-Aug-2021 REFUND 58.17 TAIT,KEITH STEWART 446903 11-Aug-2021 REFUND 750.00 TALK WIRELESS INC 00359-0065 19-Jul-2021 STORES/INVENTORY 1,718.73 TALK WIRELESS INC 00360-0082 26-Jul-2021 MATERIALS 1,593.30 TALK WIRELESS INC 00363-0072 03-Aug-2021 CONTRACT SERVICES 1,469.00 TALK WIRELESS INC 00364-0070 09-Aug-2021 MATERIALS 8,114.53 TALK WIRELESS INC 00365-0059 16-Aug-2021 CONTRACT SERVICES 1,884.03 TALK WIRELESS INC 00366-0073 23-Aug-2021 SERVICES 25,543.95 TATE,AARON 446811 04-Aug-2021 TRAINING 500.00 TAXITAB 446591 21-Jul-2021 CONTRACT SERVICES 745.80 TAXITAB 447109 25-Aug-2021 CONTRACT SERVICES 1,017.00 TAYLOR,CARRIE LYNN 446904 11-Aug-2021 REFUND 750.00 TENAQUIP LIMITED 00364-0071 09-Aug-2021 STORES/INVENTORY 68.31 TENAQUIP LIMITED 00365-0060 16-Aug-2021 MATERIALS 1.36 THAM,JILL 446490 14-Jul-2021 REFUND 500.00 THERMO KING EASTERN CANADA 446812 04-Aug-2021 STORES/INVENTORY 1,081.70 Page 338 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount THIRD SPACE CAFE 446491 14-Jul-2021 MATERIALS 74.94 THISTLEWAITE,HARRY 446905 11-Aug-2021 CONTRACT SERVICES 2,013.75 THOMAS,DAVID JAMES 446717 28-Jul-2021 REFUND 1,750.00 THOMSON REUTERS CANADA 446592 21-Jul-2021 MATERIALS 56.70 TIERRA GEOMATIC SERVICES INC 00360-0083 26-Jul-2021 CONTRACT SERVICES 1,463.35 TIERRA GEOMATIC SERVICES INC 00365-0061 16-Aug-2021 CONTRACT SERVICES 644.10 TIESSEN,ZACHARY 446492 14-Jul-2021 REFUND 39.56 TIFFNEY,MICHELE 446493 14-Jul-2021 REFUND 500.00 TK ELEVATOR (CANADA) LTD.00360-0084 26-Jul-2021 CONTRACT SERVICES 960.12 TOOLBOX 446906 11-Aug-2021 MATERIALS 216.78 TOROMONT CAT 446494 14-Jul-2021 CONTRACT SERVICES 781.96 TOROMONT CAT 446907 11-Aug-2021 CONTRACT SERVICES 1,069.26 TORONTO STAMP INC 00359-0066 19-Jul-2021 MATERIALS 113.57 TOUCHSTONE SITE CONTRACTORS 00363-0073 03-Aug-2021 CONTRACT SERVICES 72,754.63 TRACTION HAMILTON 446718 28-Jul-2021 MATERIALS 526.24 TRACTION HAMILTON 446908 11-Aug-2021 STORES/INVENTORY 1,971.20 TRAILS END COMPANY INC 446495 14-Jul-2021 CONTRACT SERVICES 3,813.75 TRANSAFE TECHNOLOGY 446909 11-Aug-2021 MATERIALS 3,580.17 TRANSAXLE PARTS (HAMILTON) INC.00359-0067 19-Jul-2021 STORES/INVENTORY 33.90 TRANSAXLE PARTS (HAMILTON) INC.00363-0074 03-Aug-2021 STORES/INVENTORY 6,526.71 TRANSAXLE PARTS (HAMILTON) INC.00364-0072 09-Aug-2021 STORES/INVENTORY 713.03 TRANSAXLE PARTS (HAMILTON) INC.00365-0062 16-Aug-2021 STORES/INVENTORY 7,745.30 TRANSFORM VAN & TRUCK 446496 14-Jul-2021 MATERIALS 536.75 TRANSFORM VAN & TRUCK 446720 28-Jul-2021 MATERIALS 629.41 TRAPEZE SOFTWARE ULC 00360-0085 26-Jul-2021 MATERIALS 221,027.46 TRAPEZE SOFTWARE ULC 00365-0063 16-Aug-2021 CONTRACT SERVICES 230.47 TRASMUNDI,LINO 446719 28-Jul-2021 REFUND 966.13 TRULY NOLEN NIAGARA 447110 25-Aug-2021 CONTRACT SERVICES 69.00 TRUSTEES OF THE WELLANDPORT UNITED REFORMED CHURCH446497 14-Jul-2021 REFUND 1,250.00 TUKONIC,DIANE 447021 18-Aug-2021 PETTY CASH 190.35 TURASZ,VANESSA& CAMPBELL, WILLIAM BROCK 446499 14-Jul-2021 REFUND 160.78 TUREAC,DANIL 446498 14-Jul-2021 REFUND 1,000.00 TURF CARE PRODUCTS CANADA LIMITED 00360-0086 26-Jul-2021 MATERIALS 2,346.11 TURF CARE PRODUCTS CANADA LIMITED 00363-0075 03-Aug-2021 MATERIALS 533.70 TURF CARE PRODUCTS CANADA LIMITED 00364-0073 09-Aug-2021 MATERIALS 646.65 TWARDAWSKY,NICK 446910 11-Aug-2021 TRAVEL/MILEAGE 133.93 U-HAUL CO (CANADA) LTD.447111 25-Aug-2021 REFUND 2,025.00 UHRIG,WILLIE FRED (TRUSTEE)447022 18-Aug-2021 REFUND 593.30 ULINE CANADA CORPORATION 446500 14-Jul-2021 MATERIALS 277.42 ULINE CANADA CORPORATION 446593 21-Jul-2021 MATERIALS 191.54 ULINE CANADA CORPORATION 446721 28-Jul-2021 MATERIALS 408.50 ULINE CANADA CORPORATION 446813 04-Aug-2021 MATERIALS 231.54 ULINE CANADA CORPORATION 447112 25-Aug-2021 MATERIALS 337.88 UMUHOZN,CHRISTINE 447023 18-Aug-2021 REFUND 185.96 UNISYNC GROUP LTD 00364-0074 09-Aug-2021 MATERIALS 957.46 UNISYNC GROUP LTD 00365-0064 16-Aug-2021 MATERIALS 67.80 UNITED WAY NIAGARA 00360-0087 26-Jul-2021 PAYROLL REMITTANCE 855.46 URBAN & ENVIRONMENTAL MANAGEMENT INC 00360-0088 26-Jul-2021 MATERIALS 8,452.40 URGE TO PURGE 446501 14-Jul-2021 CONTRACT SERVICES 3,955.00 URGE TO PURGE 446594 21-Jul-2021 CONTRACT SERVICES 6,599.20 URGE TO PURGE 446722 28-Jul-2021 CONTRACT SERVICES 2,486.00 URGE TO PURGE 446912 11-Aug-2021 CONTRACT SERVICES 3,361.75 URGE TO PURGE 447024 18-Aug-2021 CONTRACT SERVICES 1,130.00 URGE TO PURGE 447113 25-Aug-2021 CONTRACT SERVICES 1,723.25 URQUHART,TAYLOR 447025 18-Aug-2021 MATERIALS 175.00 URREGO-BARRIENTOS,BERNARDINA& MARSHALL, SCOTT DOUGLASS446502 14-Jul-2021 REFUND 78.23 V GIBBONS CONTRACTING LTD 00365-0065 16-Aug-2021 CONTRACT SERVICES 1,098,470.01 VALUE MUFFLER & BRAKE CENTRE 00365-0066 16-Aug-2021 MATERIALS 635.72 VANDEN BUSSCHE IRRIGATION 00365-0067 16-Aug-2021 MATERIALS 529.43 VANDERZALM,MATTHEW 446503 14-Jul-2021 REFUND 200.00 VETERE,FRANK 446723 28-Jul-2021 REFUND 8.07 VIAU,JESSICA 446504 14-Jul-2021 REFUND 158.38 VIKING CIVES LTD 00360-0089 26-Jul-2021 MATERIALS 4,508.70 VIKING SECURITY CORP 00359-0068 19-Jul-2021 MATERIALS 2,280.62 VISHALKUMAR,MAHESHBAI BRAHMBHATT 446505 14-Jul-2021 REFUND 126.96 VISION TRUCK GROUP 446595 21-Jul-2021 STORES/INVENTORY 409.96 VITTIE,JANET 446724 28-Jul-2021 SERVICES 90.40 VOITH TURBO 446725 28-Jul-2021 STORES/INVENTORY 1,164.32 WAJAX 446913 11-Aug-2021 MATERIALS 3,434.22 WALKER AGGREGATES INC 446596 21-Jul-2021 MATERIALS 4,480.22 WALKER AGGREGATES INC 446815 04-Aug-2021 MATERIALS 1,964.34 WALKER INDUSTRIES HOLDINGS LTD 446506 14-Jul-2021 REFUND 750.00 WALLIS,ELAINE 446726 28-Jul-2021 MATERIALS 500.00 WALTERS,ZOE ALEXANDRA 446507 14-Jul-2021 REFUND 500.00 WANG,CHRISTIE 446508 14-Jul-2021 MATERIALS 100.00 WANG,ZENG& WANG, QIANG 446509 14-Jul-2021 REFUND 166.51 WATER CONCEPTS 446914 11-Aug-2021 MATERIALS 228.26 WATERS,LINDSAY& WATERS, JASON 446727 28-Jul-2021 REFUND 750.00 WATSON & ASSOCIATES ECONOMISTS LTD 00364-0075 09-Aug-2021 CONTRACT SERVICES 19,556.80 WAY,MARY GEORGINA 446597 21-Jul-2021 REFUND 169.50 WAY,STEPHEN& MADDEN, NICOLE 446728 28-Jul-2021 REFUND 500.00 WEINMANN LIMITED 00359-0069 19-Jul-2021 CONTRACT SERVICES 5,531.01 WEINMANN LIMITED 00364-0076 09-Aug-2021 CONTRACT SERVICES 11,073.02 WEINMANN LIMITED 00366-0075 23-Aug-2021 CONTRACT SERVICES 343.72 WELDDARE METAL WORKS LTD 446510 14-Jul-2021 CONTRACT SERVICES 406.80 WELDDARE METAL WORKS LTD 446729 28-Jul-2021 MATERIALS 327.70 WELDDARE METAL WORKS LTD 446915 11-Aug-2021 CONTRACT SERVICES 898.35 WESCO DISTRIBUTION CANADA INC 446730 28-Jul-2021 STORES/INVENTORY 331.14 WEST,SAM 446511 14-Jul-2021 MATERIALS 175.00 Page 339 of 703 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount WESTPIER MARINE & INDUSTRIAL SUPPLY INC.00363-0077 03-Aug-2021 STORES/INVENTORY 368.56 WHITE CAP SUPPLY CANADA INC.446731 28-Jul-2021 MATERIALS 261.58 WHITE CAP SUPPLY CANADA INC.447027 18-Aug-2021 STORES/INVENTORY 225.72 WILCKE,LINDA 447115 25-Aug-2021 REFUND 113.83 WILKINS,GARY 446512 14-Jul-2021 REFUND 200.00 WILLIAMS,KAYLA& BRENNAN, MARK 447028 18-Aug-2021 REFUND 45.74 WILLIAMSON,ANDREWENA DUNLOP 446916 11-Aug-2021 REFUND 500.00 WINTERS,ELLEN BRIDGET 446732 28-Jul-2021 REFUND 750.00 WINZEN NIAGARA HOMES LTD.446917 11-Aug-2021 REFUND 36,000.00 WOLSELEY CANADA INC.00359-0071 19-Jul-2021 STORES/INVENTORY 956.51 WOLSELEY CANADA INC.00360-0092 26-Jul-2021 STORES/INVENTORY 7.19 WOLSELEY CANADA INC.00366-0077 23-Aug-2021 MATERIALS 2,651.84 WOMEN'S PLACE OF SOUTH NIAGARA INC 446733 28-Jul-2021 FEE FOR SERVICE 1,612.50 WOMEN'S PLACE OF SOUTH NIAGARA INC 447116 25-Aug-2021 FEE FOR SERVICE 1,612.50 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 446816 04-Aug-2021 CONTRACT SERVICES 24,095.84 WORK AUTHORITY 446513 14-Jul-2021 MATERIALS 112.99 WORK AUTHORITY 446734 28-Jul-2021 MATERIALS 671.19 WORK AUTHORITY 446817 04-Aug-2021 MATERIALS 400.00 WORK AUTHORITY 446918 11-Aug-2021 MATERIALS 158.19 WORK AUTHORITY 447029 18-Aug-2021 MATERIALS 200.00 WORK AUTHORITY 447117 25-Aug-2021 MATERIALS 400.00 WORK EQUIPMENT LTD 00359-0072 19-Jul-2021 MATERIALS 516.14 WRIGHTSON,ROBERT& WRIGHTSON, SHARLENE 446598 21-Jul-2021 REFUND 200.00 WSIB 446514 14-Jul-2021 REMITTANCE 29,853.33 WSIB 446599 21-Jul-2021 REMITTANCE 6,974.40 WSIB 446735 28-Jul-2021 REMITTANCE 54,211.37 WSIB 446736 28-Jul-2021 REMITTANCE 641.03 WSIB 446919 11-Aug-2021 REMITTANCE 28,526.00 WSIB 447030 18-Aug-2021 REMITTANCE 39,802.05 WSIB 447118 25-Aug-2021 REMITTANCE 6,125.75 WSP CANADA INC 446920 11-Aug-2021 MATERIALS 8,734.90 WUNDERINK,ANDREW 446818 04-Aug-2021 MATERIALS 987.50 WYATT,MAUREEN& WYATT, ROBERT S 446819 04-Aug-2021 REFUND 500.00 WYNDHAM GARDEN NIAGARA FALLS FALLSVIEW 446515 14-Jul-2021 MATERIALS 240.69 XCG CONSULTING LIMITED 00366-0078 23-Aug-2021 MATERIALS 10,328.24 XPLORNET COMMUNICATIONS INC 00360-0093 26-Jul-2021 SERVICES 107.34 YAZZ CLEANERS & QUICK STITCH 00366-0079 23-Aug-2021 MATERIALS 134.00 YOUNG,MARY 446457 14-Jul-2021 MATERIALS 500.00 YWCA 00361-0007 30-Jul-2021 FEE FOR SERVICE 4,277.75 ZAMBONI COMPANY LTD 446921 11-Aug-2021 MATERIALS 372.59 ZHANG,XIAOYUN 446600 21-Jul-2021 MATERIALS 45.00 42,459,470.96 Page 340 of 703 F-2021-49 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2021-49 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2021. Adjustments totalling $158,235 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2021 General Purposes Budget, an allowance has been established for these expenditures. At this time, the allowance provided in the General Purposes Budget is adequate to account for the City’s proportionate share of approximately $55,382. BACKGROUND This report is the second report this year in relation to s.357 and s.358 reductions. ANALYSIS/RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Page 341 of 703 2 F-2021-49 September 14, 2021 Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, repairs/renovations preventing normal use of a period of 3 months, became exempt, or a transposition, typographical, or clerical error was made. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2021 General Purposes Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff is recommending receive adjustments due to successful appeals. An amount of $158,235 in adjustments is listed. The City’s approximate portion is $55,382 and has been accounted for in the 2021 General Purposes Budget. The balance of approximately $102,853 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: Jonathan Leavens, Acting Director of Finance Respectfully submitted: Jason Burgess, Chief Administrative Officer A. Ferguson Page 342 of 703 (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appl. #Roll No. Name of Applicant Mailing Address Taxation Reason for Application Reduction Year Amount 2021-16 2725 010 001 12950 0000 The Regional Municipality of Niagara - Craig Mustard2201 St Davids Rd, PO Box 1042 Thorold, ON L2V 4T7 2021 Ceased to be liable to be taxed at rate it was taxed -$ 2021-01 2725 010 005 04300 0000 The Regional Municipality of Niagara - Robert Fleming1815 Sir Issac Brock Wy, PO Box 1042 Thorold, ON L2V 4T7 2021 Became exempt 1,701.88$ 2021-08 2725 010 007 04300 0000 Gale's Gas Bar Limited 4388 Portage Rd, Niagara Falls, ON L2E 6A4 2021 Gross or manifest error 1,673.76$ 2021-62 2725 010 007 05800 0000 Brian & Trish O'Neill 33 Hillcrest Av, St Catharines, ON L2R 4Y2 2021 Gross or manifest error 450.42$ 2021-10 2725 010 011 13501 0000 Timmothy Lipischuk 4282 Sixth Av, Niagara Falls, ON L2E 4S8 2021 Razed by fire, demolition or otherwise 65.46$ 2021-11 2725 020 001 07300 0000 Quick Solutions Inc 55 Harbour Sq Unit 3314, Toronto, ON M5J 2L1 2021 Razed by fire, demolition or otherwise 104.73$ 2021-11C 2725 020 001 07300 0000 Quick Solutions Inc 55 Harbour Sq Unit 3314, Toronto, ON M5J 2L1 2018 Razed by fire, demolition or otherwise 64.83$ 2021-21 2725 020 012 12000 0000 Joseph & Sharona Goren 5214 Rosedale Dr, Niagara Falls, ON L2E 1R8 2021 Razed by fire, demolition or otherwise 44.33$ 2021-60 2725 030 005 01700 0000 Zu Ping Li 52 Risebrough Av, North York, ON M2M 2E1 2021 Razed by fire, demolition or otherwise 35.51$ 2021-15 2725 030 006 10600 0000 The Regional Municipality of Niagara - Craig Mustard2201 St Davids Rd, PO Box 1042 Thorold, ON L2V 4T7 2021 Ceased to be liable to be taxed at rate it was taxed 4,170.78$ 2021-17R 2725 030 008 05700 0000 5009868 Ontario Limited 5881 Dunn St, Niagara Falls, ON L2G 3N9 2020 Razed by fire, demolition or otherwise 67,814.10$ 2021-17AR 2725 030 008 05700 0000 5009868 Ontario Limited 5881 Dunn St, Niagara Falls, ON L2G 3N9 2019 Razed by fire, demolition or otherwise 6,143.49$ 2021-04 2725 040 004 12502 0000 Trustee of the Wellandport United Reformed Church14 Parkdale Cr C/O River of Life, Fonthill, ON L0S 1E3 2021 Ceased to be liable to be taxed at rate it was taxed 12,487.05$ 2021-13 2725 060 014 05200 0000 2580149 Ontario Inc 6661 Lundy's Ln, Niagara Falls, ON L2G 1V4 2020 Repairs/renovations preventing normal use (min. 3 months)1,054.80$ 2021-13A 2725 060 014 05200 0000 2580149 Ontario Inc 6661 Lundy's Ln, Niagara Falls, ON L2G 1V4 2019 Repairs/renovations preventing normal use (min. 3 months)-$ 2021-13B 2725 060 014 05200 0000 2580149 Ontario Inc 6661 Lundy's Ln, Niagara Falls, ON L2G 1V4 2018 Repairs/renovations preventing normal use (min. 3 months)-$ 2021-59 2725 070 013 11100 0000 Kathleen Sahs 6496 Ker St, Niagara Falls, ON L2G 1X8 2021 Razed by fire, demolition or otherwise 27.33$ 2021-09 2725 070 014 12600 0000 Marv Holdings Inc 56 Marcella Cr, Hamilton, ON L8K 6G1 2021 Razed by fire, demolition or otherwise 790.33$ 2020-73 2725 070 017 10700 0000 5259 Dorchester Road (Niagara) Limited 8485 Montrose Rd, Niagara Falls, ON L2H 3L7 2019 Razed by fire, demolition or otherwise 14,586.27$ 2020-73A 2725 070 017 10700 0000 5259 Dorchester Road (Niagara) Limited 8485 Montrose Rd, Niagara Falls, ON L2H 3L7 2018 Razed by fire, demolition or otherwise -$ 2021-14 2725 070 017 10700 0000 5971 Dorchester Road (Niagara) Limited 8485 Montrose Rd, Niagara Falls, ON L2H 3L7 2020 Razed by fire, demolition or otherwise 14,661.77$ 2021-19 2725 080 005 16400 0000 Vishwa Sharma & Punam Garg 16 Baby Pointe Tl, Brampton, ON L7A 0W3 2021 Razed by fire, demolition or otherwise 772.39$ 2021-58 2725 090 003 13700 0000 Christopher Colaneri 7912 Woodbine St, Niagara Falls, ON L2H 1C6 2021 Razed by fire, demolition or otherwise 832.83$ 2021-67 2725 090 006 42701 0000 City of Niagara Falls 4310 Queen St, PO Box 1023 Stn Main, Niagara Falls, ON L2E 6X52021 Became exempt 24,967.49$ 2021-03 2725 100 005 01500 0000 Altieri Building Supplies Ltd 4-4564 Montrose Rd, Niagara Falls, ON L2H 1K2 2021 Gross or manifest error (1,976.80)$ 2021-65 2725 110 001 11501 0000 Washington Mills Electro Minerals Corp PO Box 1002 Stn Main, Niagara Falls, ON L2E 6V9 2020 Razed by fire, demolition or otherwise -$ 2021-18 2725 110 002 16018 0000 Ying Li 2322 Crestmont Dr Oakville, ON L6M 5J2 2021 Ceased to be liable to be taxed at rate it was taxed 7,761.85$ TOTAL 158,234.60$ Approved this Report No.:F-2021-49 JAMES M. DIODATI, MAYOR BILL MATSON, CITY CLERK [*Any individual items not approved must be struck out and initialed.]Page 343 of 703 FS-2021-03 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2021-03 Parking License Agreement with Niagara Falls Curling Club and the City of Niagara Falls RECOMMENDATION That Council authorize the Mayor and City Clerk to execute the attached Parking License Agreement with the Niagara Falls Curling Club Limited. EXECUTIVE SUMMARY The Niagara Falls Curling Club wishes to enter into an agreement with the City of Niagara Falls for the purpose of utilizing specific parking spaces on land owned by the City at the Niagara Falls Fire Department (NFFD) property at Station 1. BACKGROUND On June 4, 2021, the City (Licensor) purchased certain lands and premises, being part of 5801 Morrison Street, from the Niagara Falls Curling Club Limited (Licensee). The Licensee wishes to have use of certain parking spaces located on those lands, on a non- exclusive basis. The Parking License Agreement will be for a term of 5 years with the option for automatic yearly extensions at the discretion of the Licensor. Parking shall only apply during the months of January, February, March, April, October, November and December each year of the Term and parking rights only apply during the following blocks of time: Monday to Friday from 5:30 p.m. to 1:00 a.m.; and Weekends and special event parking – as may be agreed to from time to time by the Licensee and the NFFD (Station #1). ANALYSIS/RATIONALE This agreement represents our commitment to continue with a positive relationship with the Niagara Falls Curling Club, their members and the community. Page 344 of 703 2 FS-2021-03 September 14, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There will be no implications. CITY’S STRATEGIC COMMITMENT The recommendations contained within this report are in keeping City Council’s Strategic Priorities in fostering a customer-focused organization and a connected community. LIST OF ATTACHMENTS 1. Parking License Agreement – The Corporation of the City of Niagara Falls and Niagara Falls Curling Club Limited. Recommended by: Jo Zambito, Fire Chief Respectfully submitted: Jason Burgess, Chief Administrative Officer J. Zambito:dt Page 345 of 703 THIS PARKING LICENSEAGREEMENT(the "Agreement”)made 14 September 2021. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARAFALLS (the "Licensor") —and— NIAGARA FALLSCURLING CLUB LIMITED (the "Licensee") WHEREAS: (A)The Licensor is the owner of the Property (as that term is defined below); (B)The Licensee wishes to occupy certain space in the Property on a non—exclusivebasis for the purpose of parking,subject to the terms of this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in Consideration of the respective covenants and agreements set forth herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by each party,the parties agree as follows: ARTICLE1 DEFINITIONS 1.In this Agreement,the following terms shall have the following meanings: a."Commencement Date"means October 1,2021; b.”Property”means the property legally described in Schedule ”A”hereto; c."Licensed Premises"means that part of the Property designated by the Licensor as outlined in heavy blue for reference on Schedule "B"annexed hereto; Niagara Falls Curling ClubAttention:Club Manager5801MorrisonStreetNiagaraFalls,ON LZE2E8Page 346 of 703 and,if by the Licensee,to the Licensor at: The Corporation ofthe City of Niagara Falls Attention:Jo Zambito,Fire Chief City Hall,4310 Queen Street P.O.Box 1023 Niagara Falls,ON L2E6X5 e."Permitted Use"means the use of the Licensed Premises for the purpose of parking vehicles; 1‘."Term"means the period beginning on the Commencement Date and expiring on a date which is 5 years after the Commencement Date,unless terminated earlier in accordance with the terms of this Agreement. ARTICLE2 GRANT,FEEAND USE 2.Grant of Non—ExclusiveLicense.The Licensor hereby licenses to the Licensee,including the employees,members and invitees of the Licensee,the Licensed Premises on a non- exclusive basis on the terms and conditions set out herein.It is understood and agreed that members and invitees ofthe Niagara Falls Fire Department will similarly be entitled to use the Licensed Premises for purposes of parking and other operations related to fire services and fire suspension training. it is further understood that the said License by the Licensor to the Licensee for parking shall only apply during the months of January,February,March,April,October, November and December in each year of the Term or any extension thereof and such parking rights shall only apply during the following blocks of time: Monday to Friday from 5:30 p.m.to 1:00 a.m.;and Weekends and special event parking~as may be agreed to from time to time by the Licensee and the Niagara Falls Fire Department (Station #1). Fee:The Licensee shall pay to the City an annual license fee in the amount of TWO DOLLARS ($2.00)payable in advance on the Commencement Date and on each anniversary of the Commencement Date during the Term and any extension thereof. Use of Licensed Premises.The Licensee use Premises totermsofthisAgreementforthePermittedUseandfornootherpurpose.Page 347 of 703 6. ARTICLE3 Licensed Premises "AS IS".The Licensee acknowledges that the Licensed Premises is granted on an "as is"condition and that the Licensee has inspected the Licensed Premises and acknowledges that it is suitable for its purpose. OPTION TO EXTEND 7.This Agreement shall be deemed to be automatically extended from year to year from the present or any future termination date hereof,unless at least 30 days prior to any such date,the Licensor notifies the Licensee that it elects not to consider this Agreement extended for any additional period. MAINTENANCEOF PARKINGLOT 8.Maintenance of Parking Lot.The Licensor shall be responsible for all snow and ice removal,maintenance and repairs relating to the Licensed Premises,at the Licensor’s sole cost,except those repairs which are required due to the negligent or willful acts or omissions ofthe Licensee,or its employees,contractors,agents or invitees. INSURANCEAND INDEMNITY 9.Insurance for Licensee.The Licensee shall maintain such policies of insurance related to its use and occupation of the Licensed Premises as the Licensor may reasonably require from time to time.Without limiting the generality of the foregoing,the Licensee shall at all times during the Term or any extension thereof,maintain a policy or policies of insurance providing commercial general third party liability coverage in an amount of not less than $5,000,000.00 on a per occurrence basis.Coverage shall include,but not limited to,bodily injury,property damage,contractual liability,tenants legal liability and contain a cross liability,severability of insured clause.The Licensor shall be named as an additional insured but only with respect to liability arising from the operations of the Licensee.The following general conditions shall also apply: a.The policy shall be endorsed to provide the Licensor with not less than 30 days’ written notice of cancellation; b.Prior to the execution of this Agreement and upon the placement,renewal, amendment,or extension of all or any part of the insurance,the Licensee shall confirmation of coverage and,if required,a the insurer together with copies of any amending endorsements applicable tothisAgreement;c.Any applicable deductible under the above required insurance policy is at thesoleexpenseoftheLicensee;andPage 348 of 703 10. d.The policy shall apply as primary and not as excess of any insurance available to the Licensor. Indemnity.The Licensee hereby indemnifies the Licensor from any and all claims,costs, fines,fees,charges,damages or other amounts whatsoever arising from or in any way connected with the Licensee’s use or occupation of the Licensed Premises including, without limitation,arising from or connected with any act or omission of the Licensee, its employees,contractors or agents or those for whom it is in law responsible;provided however that such indemnity shall not apply nor be enforceable in the event of damages caused by the negligent or willful acts or omissions of the Licensor,or its employees,contractors,agents or invitees. ARTICLE4 ASSIGNMENT 11.Assignment.The License hereby granted to the Licensee is personal to the Licensee and may not be assigned or sublet by the Licensee to any person,without the Licensor's express written consent,which consent may be arbitrarily withheld by the Licensor. NO INTERESTIN PROPERTY 12.No Interest in the Property.The Licensee acknowledges that nothing in this Agreement shall be construed so as to give the Licensee any interest in the Property or in the lands or any part of them upon which the Licensed Premises is located.The Licensee shall not cause this Agreement or any notice of it to be registered against title to the lands upon which the Property is located. ARTICLE5 TERMINATION 13.Expiration of Term.Upon the expiration of the Term,as may be extended,or upon such earlier termination by the Licensor or the Licensee in accordance with this Article 5,the Licensee shall vacate the Licensed Premises and shall leave the Licensed Premises in the condition it obtained it.Upon termination of this License,the Licensee shall remove all vehicles from the Licensed Premises together with any and all improvements installed by the Licensee unless notified otherwise by the Licensor. then,in addition to any other rights or remedies to which the Licensor is entitledhereunderoratlaw,the Licensor shall have the following rights and remedies,whicharecumulativeandnotalternative,namely:a.to terminate this License in respect of the whole or any part of the LicensedPremiseswithoutnoticetotheLicensee;andPage 349 of 703 to remedy any default of the Licensee and in so doing to enter upon the Licensed Premised,without any liability to Licensor therefore and without constituting a reentry of the Licensed Premises or termination of the License,and in such case, the Licensee shall pay to Licensor forthwith upon demand all reasonable costs of the Licensor in remedying or attempting to remedy any such default. 15.The parties acknowledge that any failure on behalf of the Licensee to vacate the Licensed Premises at the expiration or earlier termination of the Term of this License, entitles the Licensor to exercise its remedies under this section without notice to the Licensee. ARTICLE6 RULESAND REGULATIONS 16.Rules and Regulations.The Licensee shall observe such rules and regulations as the Licensor may require as directed from time to time upon notice including,without limitation,the following: GENERAL17.Severability. the Licensee shall not bring on to or permit on the Property or the Licensed Premises any toxic or hazardous substance; the Licensee shall not cause or allow to be caused on the Licensed Premises noise or commotion likely to disturb tenants or other occupants of the Property or their customers; the Licensee shall not do anything or permit its employees,contractors or agents to do anything at the Property or on the Licensed Premises which has as its consequence either the cancellation or threatened cancellation or increase in premium of any policy of insurance held by the Licensor in respect of the Property; the Licensee shall obey all laws,by—laws,regulations and orders of any municipal, provincial or federal authority having jurisdiction in respect of the Property or the Licensed Premises;and the Licensee shall dispose of all rubbish at the Licensed Premises only in the manner as required by law in containers approved for such use. If any part of this Agreement shall be challenged and found to beunenforceable,such part shall be severed from the Agreement and the remainingprovisionsoftheAgreementshallbereadasthoughsuchparthadnotbeenincluded.Page 350 of 703 18. 19. 20. 21. 22. Governing Law.This License shall be construed with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Entire Agreement.This Agreement sets forth the entire agreement between the Licensee and the Licensor with respect to the Licensed Premises.No amendment or addition to this Agreement will bind the Licensee or the Licensor unless such amendment or addition is in writing and signed by all parties to this Agreement. Interpretation.Words importing the singular number shall include the plural,words importing firms and corporations shall include persons and words importing the masculine gender shall include the feminine.Each obligation of the Licensee in this Agreement,although not expressed as a covenant,is considered to be a covenant for all purposes.The article and section headings of this Agreement form no part hereof and are inserted for convenience only. Successors and Assigns.This Agreement shall be binding upon,extend to and enure to the benefit of the Licensee and Licensor and to each of the Licensee's and Licensor’s respective heirs,executors.administrators,successors and permitted assignees. Counterparts and Electronic Delivery.This Agreement may be executed and delivered by facsimile or electronic transmission and the parties may rely upon such facsimile or electronic signatures as though such facsimile or electronic signatures were original signatures.This Agreement may be executed in any number of counterparts and all such counterparts shall,for all purposes,constitute one agreement binding on the parties. [SIGNATUREPAGE FOLLOWS]Page 351 of 703 IN WiTNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE CITYOF N11’-XGARAFALLS Per: James M.Diodati,Mayor Wiiiiam G.Matson,City Clerk We have authority to bind the Corporation Date: NIAGARA FALLSCURLING CLUB LHVIITED Per: Sean Ford,Manager Name: Title: I/We have authority to bind the Corporation Date:Page 352 of 703 SCHEDULE"A" LEGALDESCRIPTIONOF THE REALPROPERTY Part of Township Lot 95,Township of Stamford,designated as Part 1 on 59R—16941;City of Niagara Falls. LandTitles Division of Niagara South (No.59)Page 353 of 703 Nia Schedule B:Licensed Parking Spot Reference Plan (59R16941 Part 1)E Licensed Parking SpotOrthoImageryca.2018DocumentPath:K:\GiS_Requests\2021\Custom\Fire\ParkingAgreementmxdPage 354 of 703 IS-2021-001 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Information Systems SUBJECT: IS-2021-001 Copier Lease Renewal RECOMMENDATION That council approve the new 5 year lease for photocopiers/printers for the Corporation with Ricoh Canada. EXECUTIVE SUMMARY Our existing lease with Ricoh expires in October. Ricoh has been selected as the vendor as they are the only vendor on the provincial MGS agreement. This agreement provides the most competitive pricing and equipment for these services BACKGROUND Our copier/print fleet is traditionally refreshed every 5 years as the devices near the end of their useful life. In comparing the various government agreements available to us; the Vendor of Record (MGS) agreement offers the most value to the corporation. ANALYSIS/RATIONALE The various agreements were researched; and the Vendor of Record (MGS) agreement still provides the corporation with the best value in terms of price and features. This agreement comes with a 15% savings from the previous agreement for the same features. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The budget of $181,675.80 for this agreement is covered under the Information Systems Operating budget for the next five years and is a budgeted annual cost. Recommended by: Dave Etherington, Manager of IT Infrastructure Approved by: Jon Leavens, Acting Director of Finance Page 355 of 703 2 IS-2021-001 September 14, 2021 Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 356 of 703 MW-2021-52 September 14, 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-2021-52 Stevens Street – Parking Review RECOMMENDATIONS: That the parking prohibition is reduced in length at the following locations: 1. on the north side of Stevens Street between Drummond Road and a point 100 metres east of Drummond Road to a point 50 metres east of Drummond Road; and, 2. on the south side of Stevens Street between Drummond Road and a point 75 metres east of Drummond Road to a point 55 metres east of Drummond Road . EXECUTIVE SUMMARY The reduction in the parking restriction is supported by the study area residents. BACKGROUND Stevens Street is a local road with an 8.5 meter pavement width, extending three blocks east from Drummond Road to Shirley Avenue. Light standards are present on the north side providing illumination at night. Concrete sidewalks are present on both sides for pedestrian use, separated from the roadway by a curb, gutter and grass boulevard. The legal speed limit of Stevens Street is 50 km/h. The roadway has a level alignment with a minor reverse curve between Drummond Road and David Avenue. Parking is currently restricted at all times on the north side of Stevens Street from Drummond Road to a point 100 metres east of Drummond Road and on the south side of Stevens Street from Drummond Road to a point 75 metres east of Drummond Road. Staff received a request from an area resident to carry out a parking review on Stevens Street to evaluate removing the existing parking restriction. Page 357 of 703 2 MW-2021-52 September 14, 2021 ANALYSIS/RATIONALE A parking review revealed that very little on-street parking activity was observed on Stevens Street in the area where parking is permitted during the morning and the afternoon on several occasions. The parking activities appear to occur infrequently and at random. A five-year analysis reveals that a collision problem does not exist on the roadway. With respect to revising parking controls on any street, the input of residents who would be directly impacted by parking modifications is sought. Questionnaires were distributed to the residents on Stevens Street with properties fronts onto the parking restriction limit. Of the six (6) petitioned residents, two (2) responses were received, which represents a 33% response rate. Both respondents indicated that they prefer to remove the existing parking restriction. Given the pattern of the results, Staff is recommending that parking restriction will be reduced in length on the north side of Stevens Street from a point 100 metres east of Drummond Road to a point 50 metres east of Drummond Road and on the south side of Stevens Street from a point 75 metres east of Drummond Road to a point 55 metres east of Drummond Road. This will allow for another 7 cars to park on the street. Residents were informed of Staff’s recommendations through a hand-delivered letter, and no objections were received. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The removal of the signs is to be carried out by Municipal Works - Transportation Services staff. The labour is accounted for in the approved 2021 General Purposes Budget. It is estimated that the cost to remove the signs is approximately $150. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study Area drawing Page 358 of 703 3 MW-2021-52 September 14, 2021 Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 359 of 703 MW-2021-52 Stevens Street Parking Control Review Alpine Drive Page 360 of 703 MW-2021-53 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-53 Fallsview Boulevard - Parking Control Revision RECOMMENDATIONS That the parking controls on Fallsview Boulevard between Ferry Street and Murray Street be revised to reflect the new road cross-section. That Council pass the corresponding amending bylaw on today’s agenda. EXECUTIVE SUMMARY Fallsview Boulevard between Ferry Street and Murray Street has recently been reconstructed. Additionally, the lands on the west side of Fallsview Boulevard between Murray Street and Robinson Street is being redeveloped as a hotel and the number of driveways in this block have been considerably reduced. A change to Parking & Traffic By-law 89-2000 is required to reflect current field conditions. BACKGROUND Fallsview Boulevard is a collector road providing primary access to the Fallsview District. The roadway has been reconstructed and consists of an urban cross-section with curb, gutter, boulevard and sidewalk on each side of the road, with light poles on the west side only. The roadway comprises of one travel lane in each direction and a parking lane on each side. However, the road narrows on approach to Ferry Street and therefore the parking lane is removed. The road has been constructed to enable the parking lane to be converted to a vehicle lane when traffic volumes warrant additional road capacity. Various parking control measures are present throughout the study area including metered (pay) parking and a taxi stand for three vehicles. Page 361 of 703 2 MW-2021-53 September 14, 2021 ANALYSIS/RATIONALE Staff have prepared an amending by-law to reflect the new cross-sectional layout on Fallsview Boulevard but the general parking controls will not change. Parking or stopping prohibitions will remain present on approach to and slightly beyond intersections and the taxi stand will remain in its current location. The remainder of the space in this corridor will be metered parking spaces offering parking for up to 8 hours daily. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the parking control signs will be carried out by Municipal Works - Transportation Services staff. The labour and material cost has been accounted for in the 2021 General Purposes Budget. The estimated cost to install the signs is approximately $3,500. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area drawing Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 362 of 703 MW-2021-53 Fallsview Boulevard Parking Review Ferry Street Study Area Page 363 of 703 MW-2021-55 September 14, 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-2021-55 Eastwood Crescent at College Crescent Intersection Control Review RECOMMENDATION That an all-way stop is implemented at the intersection of Eastwood Crescent at College Crescent. EXECUTIVE SUMMARY An all-way stop is warranted at the study intersection as it is determined that the departure sight distance is inadequate from the minor street approaches. BACKGROUND City Staff has received a request to review the intersection control at Eastwood Crescent at College Crescent. Currently, a stop sign facing both northbound and southbound traffic controls the intersection. ANALYSIS/RATIONALE Eastwood Crescent curves at a constant rate throughout its length. Motorists stopped on the north approach have their sight lines obstructed by the corner dwellings as the road bends inward on each side of the intersection. The departure sight triangle requirement for motorists wishing to depart from College Crescent and safely cross or turn onto Eastwood Crescent is not met. Therefore, the study results indicate that an all-way stop is warranted at the aforementioned intersection. A collision review revealed that a collision problem does not exist at the intersection of Eastwood Crescent at College Crescent in the previous three years. Page 364 of 703 2 MW-2021-55 September 14, 2021 Residents were solicited for input on the traffic control at this intersection. A total of 29 questionnaires were delivered, with 13 residents responding. All respondents identified that they prefer an all-way stop is installed at the intersection of Eastwood Crescent at College Crescent. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the stop signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs has been accounted for in the 2021 General Purposes Budget. It is estimated that the cost to install the signs is approximately $3,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Attachment 1 – Study Area Map Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 365 of 703 MW-2021-55 Eastwood Crescent at College Crescent Intersection Control ReviewCollege Crescent. . -Existing Stop Sign -Proposed Stop Sign Page 366 of 703 MW-2021-56 September 14, 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-2021-56 Main Street Proposed Metered Parking Extension RECOMMENDATION That the existing No Stopping restriction on the north side of Main Street between Symmes Street and a point 57 metres east of Symmes Street be reduced to a point 15 metres east of Symmes Street. EXECUTIVE SUMMARY The removal of the transit stop located on the north side of Main Street at Symmes Street warrants the reduction of the existing No Stopping restriction which will allow for additional on-street metered parking spaces. BACKGROUND Main Street is a major collector road that extends between Symmes Street and Allendale Avenue in the study area. The road is 12 metres wide with sidewalks and on- street metered parking provided on both sides. Main Street carries approximately 6,000 vehicles daily. The surrounding land uses contains a mix of residential, commercial and institutional properties. ANALYSIS/RATIONALE Staff is recommending that the existing No Stopping restriction located on the north side of Main Street between Symmes Street and a point 57 metres east of Symmes Street be reduced by 42 metres in length. The recent removal of a Niagara Falls Transit stop within the No Stopping area provides an opportunity to expand the existing metered parking zone by 5 vehicles. The additional parking spaces are approximately a 450- metre (6 minute) walk to the new theater. A continuous sidewalk is provided on at least one side of each road to enable pedestrians a safe path from these proposed parking spaces to the tourist core. Page 367 of 703 2 MW-2021-56 September 14, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs and an additional parking ticket dispensing machine is to be carried out by Municipal Works - Transportation Services staff. The parking machine is already in stock. The labour and material costs are accounted for in the 2021 General Purposes Budget. It is estimated that the cost to install the signs and machine is approximately $2,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study Area Drawing Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 368 of 703 TS-2021-56 Main Street No Stopping Review Existing 57 metre No Stopping Restriction Proposed 15 metre No Stopping Restriction Proposed Parking Meter Expansion Page 369 of 703 MW-2021-57 September 14, 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-2021-57 Matthews Drive - Parking Review RECOMMENDATIONS: That a “No Parking” restriction be established on both sides of Matthews Drive between: 1. Bishop Avenue and a point 60 metres west of Bishop Avenue; and 2. A point 95 metres west of Bishop Avenue and a point 153 metres west of Bishop Avenue. EXECUTIVE SUMMARY A “No Parking” restriction encompassing existing centre islands will prohibit motorists from parking their vehicles on the roadway where their presence would otherwise reduce the clearance width, thus impeding emergency vehicle response time. BACKGROUND Matthews Drive is a curvilinear collector roadway that extends southwest from Montrose Road to Mount Olive Boulevard. There are two landscaped medians separating each 5.2 metre wide travel lane between Bishop Avenue and a point 125 metres west of Bishop Avenue. The remainder of the roadway is 9.4 metres with no centre island separating traffic flows. A sidewalk separated from the roadway by a grass boulevard, and light poles for nighttime illumination are present on each side of the road. There are no parking prohibitions along Matthews Drive. The surrounding land uses consist of residential. ANALYSIS/RATIONALE City Staff have been requested to review the feasibility of establishing a No Parking restriction on Matthews Drive between Bishop Avenue and Cathedral Drive. The concern stems from vehicles parked in close proximity to the existing centre islands, may cause drivers to encroach into the opposing lane and this is further exacerbated due to the curvature of the road on approach to or departure from the medians. Page 370 of 703 2 TS-2021-57 September 14, 2021 Staff noted vehicles parked near the medians on occasion, but not directly next to it. Following an on-street parking analysis it was determined that parking restrictions are warranted in the vicinity of existing centre islands given the roadway widths. A permanent parking prohibition on both sides will prevent opposite lane encroachment thus reducing head-on collision potential, and will also ensure on-street parking does not obstruct emergency vehicles. A similar parking restriction was established on Sarah Street in 2016 for similar reasons. With respect to revising parking controls on any street, the input of residents who would be directly impacted by parking modifications was sought. Questionnaires were distributed to all the residents on Matthews Drive between Bishop Avenue and Cathedral Drive. Of the twenty (20) petitioned residents, eight (8) responses were received, which represents a 40% response rate. Of these, seven (7) responses were returned favouring some form of parking restriction. Residents were advised of Staff’s recommendations through a hand-delivered letter and no feedback was provided. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs are accounted for in the approved 2021 General Purposes Budget. Installing the No Parking signs is estimated to cost approximately $1,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area drawing. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 371 of 703 MW-2021-57 Matthews Drive Parking Control Review No Parking Restriction Page 372 of 703 MW-2021-58 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: MW-2021-58 Chippawa West Phase 2 Stage 5 and Grottola Estates - Regulatory Signs RECOMMENDATION That the regulatory signs outlined in this report be approved for Grottola Estates subdivision, and Chippawa West Phase 2 Stage 5 subdivision. That Council pass the corresponding amending bylaw on today’s agenda. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the additional traffic and parking controls in the Grottola Estates subdivision and Chippawa West Phase 2 Stage 5 subdivision. BACKGROUND Approval has been granted for the Grottola Estates subdivision and Chippawa West Phase 2 Stage 5 subdivision. The street system has been constructed in each subdivision and the draft plans have been registered. Conditions have been imposed through the subdivision agreement for the installation of stop signs, parking prohibition signs, and stopping prohibited signs. ANALYSIS/RATIONALE A breakdown of the regulatory signs is as follows: Stop Signs That a stop sign be installed facing traffic: Page 373 of 703 2 MW-2021-58 September 14, 2021 1. W estbound on Shuttleworth Drive at Emerald Avenue; 2. W estbound on Griffon Street at Emerald Avenue; 3. W estbound on White Oak Avenue at Emerald Avenue; 4. Eastbound on Shuttleworth Drive at White Oak Avenue; and, 5. Southbound on Griffon Street at Shuttleworth Drive. No Parking Signs That ‘no parking’ signs be installed on the south side of Frila Lane, between Montrose Road and the east limit of Frila Lane, including the entire turning basin. No Stopping Signs That ‘no stopping’ signs be installed on both sides of White Oak Avenue between Shuttleworth Drive and a point 25 metres north of Shuttleworth Drive, alongside the future mountable centre median. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreement and have been paid in full by the developer. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer M. Bilodeau Page 374 of 703 MV-2021-60 October 05, 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-2021-60 Willoughby Drive – Speed Limit Review RECOMMENDATION That the transition in the speed limit, from 50 km/h to 60 km/h, that occurs on Willoughby Drive at a point 200 metres south of Weinbrenner Road, be relocated to a point 480 metres south of Weinbrenner Road. EXECUTIVE SUMMARY The speed limit change, from 60 km/h to 50 km/h, will occur prior to drivers reaching the condominium development that is under construction on the east side of Willoughby Drive, south of Weinbrenner Road. BACKGROUND Willoughby Drive is a two-lane, two-way collector roadway extending between Main Street and Baker Road. Within the urbanized area, the legal posted speed limit of Willoughby Drive is 50 km/h between Main Street and a point 200 metres south of Weinbrenner Road. The speed limit then increases to 60 km/h as Willoughby Drive transitions into a rural setting. A new townhouse development currently under construction is located on the east side of Willoughby Drive, south of Weinbrenner. The posted limit speed on Willoughby Drive transitions from 60 km/h and 50km/h alongside the development. ANALYSIS/RATIONALE Staff is recommending that the transition in the speed limit, from 50 km/h to 60 km/h, that occurs on Willoughby Drive at a point 200 metres south of Weinbrenner Road, be relocated to a point 480 metres south of Weinbrenner Road. The change is warranted to enable the entire residential development to be within the 50 km/h zone. Northbound drivers will be advised that the speed limit reduces from 60 km/h to 50 km/h. Page 375 of 703 2 MW-2021-60 October 05, 2021 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation/relocation of the speed limit signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs are accounted for in the approved 2020 General Purposes Budget. Installing/relocating the signs is estimated to cost approximately $500. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area Drawing Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer MB Page 376 of 703 MW-2021-60 Willoughby Drive Speed Limit Review Alpine Drive Existing speed limit Proposed new speed limit 200m 480m Page 377 of 703 MW-2021-62 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2021-62 Assumption of Various Subdivisions RECOMMENDATION That City Council formally assume Neighbourhoods of St. Davids Stage 1 and Stage 2 - Plan 59M-251and Neighbourhoods of St. Davids Block 49 – Plan 59M-344 EXECUTIVE SUMMARY Final assumption of the subdivisions referenced herein is recommended on the basis that the respective developers have fulfilled their obligations under the Subdivider’s Agreement. Upon final assumption, all remaining securities shall be released to the Subdivider’s and the City shall assume responsibility for the operation and maintenance of the municipal infrastructure within the subdivisions. According to the terms in the Subdivider’s Agreement, the City shall issue a ‘Certificate of Assumption’ for the following subdivisions: Subdivision Registration Plan Neighbourhoods of St. Davids Stage 1 and Stage 2 59M-251 Neighbourhoods of St. Davids Block 49 59M-344 Page 378 of 703 2 MW-2021-21 September 14, 2021 BACKGROUND Subdivider Agreements are entered into between the developer of a new subdivision and the City to ensure that the requirements of the City and external agencies are satisfied and that securities are provided where necessary. The Agreements outline the developer’s obligations to ensure that municipal infrastructure is constructed in accordance with the approved engineering drawings and in compliance with applicable standards. Prescribed maintenance periods are defined to ensure that construction deficiencies are identified and remedied prior to the City assumption. Final assumption defines that date when remaining securities are released to the Subdivider and all maintenance and operation responsibilities of the municipal infrastructure within the subdivision is assumed by the City. Following formal assumption and in accordance with the terms within the Subdivider’s Agreement, the City shall issue a ‘Certificate of Assumption’ to the respective Subdividers. ANALYSIS/RATIONALE The developers have fulfilled the obligations as described within their respective Subdivider Agreements and as such the following subdivisions are recommended for Final Assumption: MW File # Subdivision Registration Plan 93-284 Neighbourhoods of St. Davids Stage 1 and Stage 2 59M-251 2009-342 Neighbourhoods of St. Davids Block 49 59M-344 The municipal infrastructure within these subdivisions has been inspected and deemed to have been constructed in accordance with the approved engineering drawings and in compliance with applicable standards. The required construction maintenance periods have expired. New Municipal Infrastructure (Assets) Through the assumption of the noted subdivisions, the City will assume responsibility for the operation and maintenance of the municipal infrastructure summarized below. Page 379 of 703 3 MW-2021-21 September 14, 2021 Length of Municipal Asset +/- (m) Subdivision Roads Sidewalks Storm Sewer Sanitary Sewer Watermain Neighbourhoods of St. Davids Stages 1 and 2 1,703.46 398.58 1,280.53 1373.78 1,628.36 Neighbourhoods of St. Davids Block 49 182.47 255.82 163.74 206.93 253.83 Total Length of Asset (m): 1,885.93 654.40 1,444.27 1,580.71 1,882.19 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Following the formal assumption of the subdivisions as described herein, a Certificate of Assumption will be issued to the respective Subdividers and all remaining securities shall be released. Operations staff will be advised of the subdivision assumptions and circulated infrastructure details for maintenance purposes. CITY’S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan – Neighbourhoods of St. Davids, Stages 1, 2 and Block 49 Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Jason Burgess, Chief Administrative Officer E. Lehtinen Page 380 of 703 ST PAUL AVMOUNTAIN RD JANUARY DR LUCIA DRPINESTONE RDCATHARINE CRSANDHILL DRC A LA G UIR O D R MARINELLI DRSTONEHAVEN AVTERRAVITA DRWALKER CTTEMP STROCKCLIFFE ET FOREST RIDGE DR COLANGELO DRVALENTINA CRSTONE GT GREYSTONE MW ROCKW OO D MW LUCIA DR MOUNTAIN RD COLANGELO DR © 2019 City of Niagara Falls ¹Plan of Subdivisions To Be Assumed Neighbourhoods of St. David's 2021-09-01K:\GIS_Requests\2021\Custom\MunWks\Assumption\NeighbourhoodsOfStDavids\LocationMap.mxd Subdivision Boundary Subdivision Plan Number 59M-251 59M-344 Stages Stage 1 Stage 2 Block 49 SUBDIVISION PLAN 59M-251 Block 49 Neighbourhoods of St. David's 59M-344 NTS MW-2021-62 - Attachment Page 381 of 703 PBD-2021-49 September 14, 2021 REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-49 AM-2013-013, Zoning By-law Amendment Application 7712 Badger Road Applicant: 1962855 Ontario Inc. Agent: Lucy Borghesi Removal of Holding (H) Symbol RECOMMENDATION That Council pass the by-law appearing on tonight’s agenda to remove the holding (H) symbol and related regulations from 7712 Badger Road, which is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) zone, to permit a residential development of 15 townhouse units on the Lands. EXECUTIVE SUMMARY By-law No. 2014-80 was passed on July 8, 2014 in accordance with Order issued by the Ontario Municipal Board on June 9, 2014. The decision allows for the development of a multiple residential development on the lands known as 7712 Badger Road (see Schedule 1). A holding (H) symbol was included in the By-law to ensure the landowner submitted a Noise Study with the inclusion of noise mitigation measures in the vacant land condominium and file a Record of Site Condition with Ministry of the Environment, Conservation and Parks with approval of the Regional Municipality of Niagara. On April 24, 2018, Council considered an application and approved a vacant land plan of condominium for 7712 Badger Road. Council approved the 15 unit townhouse development subject to a list of conditions. The owner (1962855 Ontario Inc.) is requesting the H symbol and related regulation be removed to permit the development of the land for a residential development. The Niagara Region reviewed the Noise Feasibility Study, prepared by HGC Engineering Limited dated October 13, 2017 in support of the Draft Plan of Vacant Land Condominium application and found that there are no further concerns from a noise perspective. The Record of Site Condition was filed on December 7, 2018 with the Ministry of the Environment, Conservation and Parks. Wood Canada Ltd. prepared the Phase 1 and 2 Environmental Site Assessments. The Niagara Region reviewed the studies and are satisfied that the required RSC has been filed. Therefore, the H symbols can be removed from the subject land. BACKGROUND On June 9, 2014 the Ontario Municipal Board issued an order approving a zoning by-law amendment (By-law No. 2014-80), to permit the land to be developed with 15 townhome dwelling units. A holding (H) symbol was included in the By-law to ensure the landowner Page 382 of 703 2 PBD-2021-49 September 14, 2021 submitted a Noise Study with the inclusion of noise mitigation measures in a Vacant Land Condominium Agreement and file a Record of Site Condition with Ministry of the Environment, Conservation and Parks with approval of the Regional Municipality of Niagara. ANALYSIS The parcel is zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)-1006), in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2014-080, which permits the land to be developed with15 townhome dwellings. The H symbol was included in the amending by-law to ensure the landowner completed the necessary Noise Study and Environmental Site Assessments and filed of the Record of Site Condition with the Ministry of the Environment, Conservation and Parks. On April 24, 2018, Council approved a vacant land plan of condominium to develop 15 townhouse dwelling units subject to a conditions of approval. The owner (1962855 Ontario Inc.) is proceeding towards registration of the condominium. Lucy Borghesi on behalf of the applicant has submitted a letter requesting Council pass the by-law included in today’s agenda for the removal of the H symbol that applies to the parcel. The Noise Feasibility study has been completed to the satisfaction of the Region. A Record of Site Condition has been filed with the Ministry of the Environment, Conservation and Parks and the Region has cleared their conditions of condominium approval. CIRCULATION COMMENTS The Planning Act requires notice of the removal of a holding (H) symbol to be given to landowners affected by it and any members of the public or agencies that submitted a written request for notice. In accordance with these regulations, notice regarding the removal of the H symbol was circulated to the applicant and the Regional Municipality of Niagara. The Region is satisfied the requirements for lifting the H symbol have been met and have no objections. Therefore, the H symbol can be lifted from the subject lands. CITY’S STRATEGIC COMMITMENT Development of the subject lands supports Council’s desire for complete communities and additional housing options for the City’s residents. LIST OF ATTACHMENTS Schedule 1 – Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer N. DeBenedetti: Attach. S:\PDR\2021\PBD-2021-49, AM-2013-013 7712 Badger Road (Lift H).docx Page 383 of 703 3 PBD-2021-49 September 14, 2021 SCHEDULE 1 (Location Map) Page 384 of 703 PBD-2021-50 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-50 Matters Arising from Municipal Heritage Committee 2021 Designated Property Grant 6320 Pine Grove Avenue – Earl Thomas House Tree Removal and Foundation Repair RECOMMENDATION 1. That Council approve the tree removal including stump grinding down below the ground the foundation as it does not affect the reasons for designation; 2. That Council approve the proposed alteration to fix the cracks in the foundation and a grant in the amount of 50% of the project, up to a maximum of $5000.00, as it will contribute to the preservation of the Earl Thomas House. The foundation repair should only be completed once the tree removal process has been completed. BACKGROUND 6320 Pine Grove Avenue c. 1861 The owner has submitted an application to assist with the cost of removing a tree on the property and to repair some structural faults found within the home foundation caused from the tree roots. The tree is one of several mature specimens listed as heritage attributes on the property. The Committee has recommended the applicant split the project into two parts; Part 1 would be the removal of the tree; Part 2 would be using the grant money to fix the structural faults in the foundation. The use of the grant cannot be used on the removal of the tree as it is not in the property grant guidelines. Once the tree is removed, the property owner may use the grant to fix the structural faults. The Earl Thomas House, at 6320 Pine Grove Avenue is comprised of 4 residential lots all of which contain large mature trees and straddles the lot lines of three of the four lots which provide the landscaped setting for this building. The residence on these lots was constructed for Earl A. Thomas, a prominent member of the community for his work with Brights Wines, now Vincor Wines. The home was designed by Findlay and Foulis, who built a number of significant buildings in Niagara Falls which are considered to be local landmark structures. The Earl A. Thomas house is one of the City’s best examples of Tudor Revival style architecture as Page 385 of 703 2 PBD-2021-50 September 14, 2021 the exterior of the house retains much of its original appearance. The house defines the historic character of the neighbourhood as one of ref ined living and quality in the first half of the twentieth century. The Earl Thomas house has a number of specimen trees planted on the property, including a European Beech, two (2) Red Oaks and a Shagbark Hickory. The house was designated in 2009 by By-law 2009-191. The oak tree subject to removal, is heavily sided towards the house due to storm damage and improper pruning over the years. Given the age and size of the tree, the removal of certain parts such as branches and roots without involving an arborist predated the applicant’s ownership of the property and is now an issue threatening the building survival due to structural faults in the foundation. The work includes removal of the tree as well as the roots. To secure the foundation of the home will entail injections into the cracks in the floor of the main room, furnace room, and laundry room, as well as the interior wall crack in the laundry room and garage. The Municipal Heritage Committee met on August 10, 2021 and after discussion made the following motion: “The Niagara Falls Municipal Heritage Committee accepts stage 1 of the submitted proposal of the tree removal including stump grinding down below the ground being the main cause of the problem with the foundation.” The Municipal Heritage Committee met again on August 27, 2021 and after further discussion made the subsequent motion: “That the Committee support the grant application for the repair of the foundation of the property using comparable heritage materials with the understanding that the tree be removed first.” The Committee did suggest that the tree should be removed before any work done with the foundation because it is likely to cause of the cracks and structural faults. The structural faults found in the foundation and walls in the house should be looked after using the grant money provided from the municipality. ANALYSIS/RATIONALE The Grant Guidelines consider eligible structural projects to include work necessary to restore the building to structural soundness including the correction of serious structural faults which threaten the buildings survival. There were two quotations for the structural repairs submitted with the application as follows: 1. Wise Cracks is $5,085.00 ($4,500.00+ HST). The eligible grant amount based on 50% cost sharing would be $2,542.50 (maximum of $5,000.00). 2. PNK Restoration Inc. is $5,367.50 ($4,750.00 + HST). Eligible grant amount based on 50% cost sharing would be $2,683.75 (maximum of $5,000). Page 386 of 703 3 PBD-2021-50 September 14, 2021 LIST OF ATTACHMENTS Schedule 1 – Earl Thomas House 2019 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, CAO P.Boyle:pb Attach. S:\HISTORY\INV\Pinegrove6320.dp\Designated Prop Grant 2021\PBD-2021-XX, Matters Arising from MHC, 2021DPG.docx Page 387 of 703 4 PBD-2021-50 September 14, 2021 SCHEDULE 1 Page 388 of 703 PBD-2021-52 September 14, 2021 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2021-52 Amendment to By-law 2021-57 Licensing for Vacation Rental Units and Bed and Breakfasts RECOMMENDATION It is recommended that Licensing By-law No. 2021–57 be amended, as outlined in this report. OVERVIEW As Council is aware, the Ontario Land Tribunal (OLT) dismissed the appeal of Zoning By- law No. 2018-92 to regulate Vacation Rental Units (VRUs) In the City. VRUs up to 3 bedrooms may legally establish in an existing dwelling or dwelling unit in a Tourist Commercial (TC), General Commercial (GC) or Central Business (CB) zone. All VRUs must be licensed by the City. In addition, there are 13 properties which are site specifically zoned to allow a VRU as a use; these properties must also be licensed. The City passed Licensing By-law No 2021-57, earlier this year, to govern the operation and management of VRUs. In order to better regulate VRUs and improve enforcement controls, it is recommended licensing By-law No. 2021-57 be amended to add the following provision: “A court may, in the absence of evidence to the contrary, infer that a listing on the platform of a vacation rental unit brokerage or public advertisement to the effect, and by any means, is proof that the premises is being rented or offered for rent as a vacation rental unit. For greater certainty, a witness need not possess special or expert knowledge for the court to make any such inference.” Further, definitions are to be amended by adding the following terms: platform and vacation rental unit brokerage. The amending by-law is included in tonight’s agenda package. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 389 of 703 1 Heather Ruzylo Subject:Community Gardens Role of Government Policy Position Statement Release From: Tamara Coleman-Lawrie <tamara@unitedwayniagara.org> Sent: Wednesday, July 28, 2021 2:14 PM To: jim.diodati@niagararegion.ca; Jason Burgess <jburgess@niagarafalls.ca>; Planning Emails <planningemails@niagarafalls.ca> Cc: Tamara Coleman-Lawrie <tamara@unitedwayniagara.org>; Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Community Gardens Role of Government Policy Position Statement Release Dear Mayor Diodati and Staff, The Niagara Community Garden Network (NCGN) is a collaborative network of residents, partners and local food security leaders working together to build thriving community gardens, ultimately improving food security and food access. We believe everyone deserves to easily access nutrit ious and affordable healthy food and that by growing and sharing food we can transform communities and address environmental, health and social issues. The NCGN is a program of, and funded by, United Way Niagara. Our work through community gardens, while adding tremendous value to the community and improving food security and health outcomes, continues to face barriers as a result of government policies, practices and protocols. This has led us to publish the Increasing Barrier Free Access to Food Security Through Community Gardens: The Role of Niagara Region Municipalities in Advancing Policy and Reducing Barriers position statement. The statement has been released to all levels of Niagara government and planning departments and calls for community garden policies that support the advancement of food security projects and programs that build a culture around local food initiatives. I have enclosed a cover letter and the position statement for your review. The statement has received endorsement from the Niagara Food Security Network members, comprised of more than 100 individuals and community organizations including Niagara Region Public Health and Emergency Services and the Niagara Poverty Reduction Network. Our next steps will be to respond to any follow-up correspondence from various levels of government, conduct Council delegations across Niagara's municipalities, provide resources and policy samples, and support the implementation of a variety of community garden best practices and policies across Niagara's municipalities. If you have any questions or wish to discuss this further, please feel free to contact me at tamara@unitedwayniagara.org. Regards, Tamara Coleman-Lawrie Page 390 of 703 2 Director, Community Impact Tel: 905.688.5050, Ext. 2109 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 391 of 703 July 27, 2021 City of Niagara Falls Mayor Diodati and Council, ℅clerk@niagarafalls.ca CC: Jason Burgess, CAO,cao@niagarafalls.ca CC: Planning Division, ℅planning@niagarafalls.ca Dear Mayor Diodati, Mr. Burgess and Members of Council, Food security is a basic human right yet almost 60,000 people in Niagara are food insecure, experiencing limited access to nutritious, affordable and culturally appropriate food. Food security is essential for healthy eating - without consistent economic access to sufficient nutritious food, healthy eating cannot be achieved, increasing the risk of poor health. Community gardens act as a promising strategy to decrease food insecurity because of their ability to provide lower-income households with access to nutritious food. More than 1,200 community gardens across Niagara are significantly improving access to healthy and affordable food, often for the most marginalized populations.Yet, Niagara’s community gardens face consistent barriers.The enclosed position statement amplifies the need to address specific barriers that community gardens face in Niagara. It also calls to action the implementation of policies, bylaws and/or practices that improve food security through community gardens. Niagara's municipalities have a role in creating barrier free access. The Halton Food Council’s Community Garden Policy Scan clearly states “Local governments do have a significant role to play in the process: by removing policy barriers; enacting supportive policies; providing support related to water access, land tenure, and composting; by signaling their support of community gardens in government communications; and by dedicating staff time to interact with community gardening groups.” We highly recommend Niagara’s municipalities implement policies and best practices related to: ●Land Use for community gardens, urban agriculture and food security ●Waiving or reducing fees imposed by the municipality ●Provide options for holding certificates of insurance ●Commitment to the program with reasonable annual investment ●Ongoing program evaluation and development We thank you in advance for your attention to the statement, the recommendations and for working in your community to advance the impact of community gardens.We look forward to working with you to address these barriers. Should you have any questions or wish to follow up, please contact Tamara Coleman-Lawrie at tamara@unitedwayniagara.org. Sincerely, Frances Hallworth Tamara Coleman-Lawrie Executive Director Director, Community Impact,United Way Niagara United Way Niagara Facilitator, Niagara Food Security Network Page 392 of 703 Published June 2021 - Prepared By United Way Niagara and the Niagara Community Garden Network Endorsed by the Niagara Poverty Reduction Network and the Niagara Food Security Network members, comprised of more than 100 individuals and community organizations including Niagara Region Public Health and Emergency Services Page 1 of 2 Increasing Barrier Free Access to Food Security Through Community Gardens: The Role of Niagara Region Municipalities in Advancing Policy and Reducing Barriers Food security is a basic human right yet almost 60,000 people in Niagara are food insecure, experiencing limited access to nutritious, affordable and culturally appropriate food*.1 The Government of Canada states “income-related food security is an important public health issue in Canada and is a key social determinant of health. Food security is essential for healthy eating - without consistent economic access to sufficient nutritious food, healthy eating cannot be achieved, increasing the risk of poor health.”2 We recognize the significant effect that food insecurity can have on one's mental, physical, social and overall health and wellbeing. For Niagara residents to be food secure, as defined by the United Nations Committee on World Food Security, everyone in Niagara, at all times, has physical, social, and economic access to sufficient, safe, and nutritious food that meets their food preferences and dietary needs for an active and healthy life.3 Community gardens act as a promising strategy to decrease food insecurity because of their ability to provide lower-income households with access to nutritious food.4 Community gardens are significantly improving access to healthy and affordable food at the more than 1,200 plots across Niagara, often for our most marginalized populations. Community gardens can affect an individual's skill development, employment and income, our economic landscape, the environment, and our social and community connectedness. The recent Case Study of the St. Catharines Centennial Community Garden highlights how “community gardens not only address food insecurity but also provide a safe space for all participants to form meaningful relationships; with one another, their community and the natural environment”. 5 However, community gardens, while adding tremendous value to the community, continue to be faced with barriers to success, including policies and protocols related to land access and use, access to water, associated fees and certificates of insurance. Best practices in other communities have easily addressed these barriers. Niagara's municipalities can play an important role in creating barrier free access to community gardens, thereby investing in viable solutions to food security. We are positioned well to advance community gardens best practices and policies that are in place in other regions and municipalities. Public Health Ontario's Evidence Brief Municipal and Community-level Interventions to Promote Sustainable Food Systems states “municipalities are positioned to intervene in their local food system, and can enact policies and programs that build a culture around local food initiatives.” 6 We believe municipalities in the Niagara region are ready to implement best practices to strengthen our food security system through community gardens. 1 PROOF Policy Research Study. May 2021. Retrieved from: PROOF_FACTSHEET_Provincial-policies-052021.pdf 2 Government of Canada. Canadian Community Health Survey. 2004. Retrieved from Canadian Community Health Survey, Cycle 2.2, Nutrition (2004): Income-Related Household Food Security in Canada - Canada.ca 3 United Nations Committee on World Food Security. Global Strategic Framework for Food Security & Nutrition (GSF). 2017 Edition. Retrieved from CFS: Online GSF (fao.org) 4 The Blank Page. How Community Gardens AreTackling Food Insecurity. Published By Dhruvika Angrish. Retrieved from How community gardens are tackling food insecurity - The Bl_nkpage (blnkpage.org) 5 Tamarack Institute. Vibrant Communities. Case Study | Harvesting Local Gifts and Assets at the Centennial Community Garden. May 2021 Retrieved from: Harvesting Local Gifts & Assets at Centennials Community Garden.pdf 6 Public Health Ontario. Municipal and Community-level Interventions to Promote Sustainable Food Systems. July 2020. Retrieved from Municipal and Community-level Interventions to Promote Sustainable Food Systems (publichealthontario.ca) Page 393 of 703 Published June 2021 - Prepared By United Way Niagara and the Niagara Community Garden Network Endorsed by the Niagara Poverty Reduction Network and the Niagara Food Security Network members, comprised of more than 100 individuals and community organizations including Niagara Region Public Health and Emergency Services Page 2 of 2 The Halton Food Council’s Community Garden Policy Scan states “The role of local governments is fundamentally a supportive and enabling one. Community gardens are successful because local gardeners are committed to making them so. When local governments open their doors and invite the community in, there is a great deal of community expertise and experience to be shared. Local governments do have a significant role to play in the process: by removing policy barriers; enacting supportive policies; providing support related to water access, land tenure, and composting; by signaling their support of community gardens in government communications; and by dedicating staff time to interact with community gardening groups.” 7 Now is the time to act. Municipalities can create policies that empower Niagara’s citizens and provide them with barrier free access to food through community gardens. The best practices and policies we encourage and recommend Niagara's municipalities to develop specifically relate to: 1. Land Use for community gardens, urban agriculture and food security 2. Waiving or reducing fees imposed by the municipality 3. Provide options for holding certificates of insurance 4. Commitment to the program with reasonable annual investment 5. Ongoing program evaluation and development There is no need to reinvent the wheel in Niagara when it comes to implementing best practices for community gardens. Many cities across Ontario have recognized the critical role community gardens play and have implemented the policies and mechanisms to reduce these barriers. These municipalities include, but are not limited to: - Guelph - Hamilton - Kingston - Kitchener - London - Mississauga - Ottawa - Toronto - Windsor - Waterloo Community gardens best practices and policies from across the province are readily available and can be found at sources including, but not limited to: Sustain Ontario; ChangeLab Solutions; Toronto Food Policy Council; Region of Waterloo; and local Public Health units including the Wellington-Dufferin- Guelph Public Health. The Niagara Community Garden Network and United Way Niagara, in partnership with the Niagara Food Security Network, would be delighted to provide the recommended policies and work with municipalities to transition to inclusive and barrier free approaches. We ask that Niagara government representatives, stakeholders and community partners take action to improve access to affordable, healthy and culturally appropriate food* by reducing the barriers imposed by current regional and/or municipal bylaws, policies or practices. It is highly recommended that each of Niagara’s municipalities conduct a review of current policies and practices, assigning the necessary staff and departments to assess and recommend a barrier free approach. We recommend a timely implementation of policies and practices that reduce barriers for community gardens and improve access to healthy, affordable and culturally appropriate food, thereby reducing food insecurity in Niagara. 7 Community Garden Policy Scan. Prepared by Dillon Consulting Limited for the Halton Food Council. November 2013. Retrieved from May 20 2014 Health and Social Services MO1214 Halton Food Council Progress 20122014 MO1214 attachment 2pdf 173641.pdf Source: Barbolet, 2009, p. 6 * Culturally Appropriate Food - As defined by Food Secure Canada. Page 394 of 703 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls integrity@adr.ca August 13, 2021 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: IC-13023-0321 (Holm/ Dabrowski) Dear Mr. Matson: I wish to advise that I have now completed my investigation into this Complaint and I am enclosing a copy of my final Report, determination and recommendation with respect to this matter. I wish to advise that a draft of this Report was provided to the Councillor for his review and comments which were taken into account in finalizing the Report. A copy of this final Report is also being provided to the Councillor at the same time that it is being made available to you in accordance with section 17.9 (b) of the Code. I would also advise that in accordance with section 227.6 (2) of the Municipal Act, 2001 of Ontario, I have determined that all matters disclosed in the Report are necessary for the Report itself. I am providing this Report to you for presentation to Council in open session in accordance with the provisions of the Municipal Act and the City’s Code of Conduct (section 17.9 (a)). Page 395 of 703 2 Would you please advise when this matter will be placed on the public agenda at which time a copy of the Report will be provided to the Complainant as required by section 17 (b) of the Code. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner- City of Niagara Falls Page 396 of 703 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls Email: emcdermott@adr.ca August 13, 2021 SENT BY EMAIL TO: Councillor Chris Dabrowski cdabrowski@niagarafalls.ca Ms. Melanie Holm Re: Investigation Report – IC-13023-0321(Holm/Dabrowski) ______________________________________________________________________________ Dear Ms. Holm and Councillor Dabrowski, 1.0 Delegation 1.1 – Delegation Pursuant to a written delegation of powers, Edward T. McDermott (“Mr. McDermott”, or the “Integrity Commissioner”), in his capacity as Integrity Commissioner for the City of Niagara Falls (the “City”), enabled Mr. Jason Stitt and Mr. Michael Maynard pursuant to section 223.3(3) of the Municipal Act, 2001, to assist the Integrity Commissioner with respect to certain aspects of this complaint (the “Complaint”). 2.0 The Complaint The Complaint was submitted by the Complainant Ms. Melanie Holm to the Integrity Commissioner on March 10, 2021. The Complaint asserts a contravention of the City’s Code of Conduct (the “Code”) adopted by it in accordance with section 223.2 of the Municipal Act of Ontario. The Respondent is Niagara Falls City Councillor Chris Dabrowski (the “Respondent”, “Councillor” or “Councillor Dabrowski”). Page 397 of 703 2 2.1 Summary of the Complaint Code of Conduct The Complainant alleges that the Respondent breached his duties under the Code during a public debate at a Council meeting held on January 19, 2021, when the Respondent stated that at an earlier in-camera meeting of Council, every Councillor was offered the opportunity to sit on a selection committee to be formed for the purpose of choosing a new CAO to take over the position of the retiring CAO, Mr. Ken Todd. As a part of his comments, the Respondent specifically noted that this information had been discussed at an unspecified in-camera meeting of Council. The Complainant further alleges that on March 2, 2021, the Respondent again stated that he was 100% positive that “we” (i.e. Councillors) were offered an opportunity to sit on that committee and that if anyone disagreed they should raise their hands. 2.2 – Code of Conduct The relevant sections of the Code of Conduct to this Complaint provide as follows: 2. DEFINITIONS 2.1 In this Code: … (g) “confidential information” means any information in the possession of or received in confidence by the City that the City is prohibited from disclosing or has decided to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation, which includes but is not limited to: (i) information that is disclosed or discussed at a meeting that is closed to the public pursuant to subsection 239(2) of the Municipal Act, 2001; … 6. ACCESS TO INFORMATION AND CONFIDENTIALITY 6.2 No Member shall: … (b) disclose, release or publish by any means, including social media any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so; … (e) disclose or discuss, through written, electronic or verbal communication, to any individual or corporate third party, any information that has been or will be discussed at a closed session meeting of Council or a Committee until such time that Council or a Committee has determined or has been advised by staff that the matter, or any part of Page 398 of 703 3 the matter, can be made public subject to review by the head or designate under the Municipal Freedom of Information and Protection of Privacy Act or if directed to do so by a court. 3.0 The Investigation Process 3.1 Chronology and Process The Complainant began this process by filing a Code of Conduct Complaint against the Respondent. The Respondent then provided a Response to the complaint addressing her Complaint. The Complainant then issued a Reply to the Respondent’s response addressing his comments. As the facts were not in dispute, the parties were advised that I did not consider a telephone interview necessary but if either party wished one, I would make the necessary arrangements to accomplish this. Neither party requested such an interview. 4.0 Statements and Evidence 4.1 – The Complainant’s Written Submissions In her initial complaint the Complainant stated that at the public meeting of Council held on January 19, 2021, in a debate focussed on adding a woman to the CAO selection committee the Councillor breached the in camera rules of the Code when he stated: “I do recall at least, definitely on one occasion, if not two occasions, it was brought up that if any of the Council members were interested in joining that committee. I just want to make sure there isn’t any confusion, I do recall Councillor Lococo was in the room as well and it was in-camera that we were offered the opportunity, and we were to as you had mentioned, put in writing if we were interested in sitting on the committee. So I just wanted to clarify that I heard that as well.” The Complainant also asserts that at a public meeting of Council on March 2, 2021, the Respondent reiterated his comments about the content of the in camera session when he said: “I’m 100% positive that we were all offered an opportunity to sit on that hiring committee, and I believe there were three councillors who said their interests in sitting on that committee through their experience and through their knowledge, and if anyone disagrees please raise your hand but I’m positive that we were all afforded the opportunity to sit on that committee and this isn’t about gender at this point. It was about who expressed interest to sit on that committee, and Councillor Ioanonni somebody submitting their name just assuming that to make a quick decision like that at a council meeting to put somebody on the spot like that I don’t think would be fair, so either way I’m fully positive that we were all afforded the chance to sit on that committee.” The Complainant also noted the response of Councillor Ioanonni who at that meeting said: Page 399 of 703 4 “Well we weren’t afforded that in writing because I had no email saying that, and if it was done in-camera I wasn’t there and wasn’t afforded an opportunity, and thought that night at council (Jan. 19) would have been when I could have done it.” (Note: Councillor Ioanonni can not attend in-camera meetings for health reasons and council will not allow her to join electronically.)” It is the essence of the Complainant’s position that the Councillor has wittingly or unwittingly made public disclosure of a matter (the formation of a selection committee to engage a new CAO for the City) which was the subject of discussion in a closed-door session of Council (as permitted by the provisions of the Municipal Act). The Councillor has not apologized for such disclosure and simply takes the position that it was not substantive or confidential and did not involve him in a “conflict of interest” situation. 4.2 Response of the Respondent, Councillor Dabrowski The Respondent advised in his Response that he did state at the January 19, 2021 meeting that everyone had been afforded an opportunity to be on the selection committee at an in camera meeting of Council and that by making this statement, he was setting the record straight with respect to Councillor Lococo having been offered the opportunity to sit on the committee and possibly intentionally misleading the public by suggesting that she was not afforded that opportunity. The Respondent takes the position that he did not reveal confidential information and was intending to set the record straight and remind his fellow Councillors that this very important information had been shared at the previous in-camera meeting regarding the hiring process. The Councillor expressed his position in the following terms: “I have many issues with this complaint, which are outlined below and will explain why I feel I did not breach in-camera and / or contravene our City’s Code of Conduct and will always continue to act in the best interest of our City and residents, loyally, honestly and ethically. The reason I had brought up the fact that all of Council members had been afforded an opportunity (at a previous In-Camera meeting) to sit on the CAO hiring committee during the January 19th public meeting (on two occasions), is that I strongly believe Councillor Lococo was intentionally misleading the public by stating that she did not recall the process for stating intent to be placed on the CAO hiring committee. I know this to be not true. At no time did I reveal confidential information and / or put the corporation at any financial risk. My intention was to remind fellow Council members and the public of process that was presented to us. Page 400 of 703 5 Again, my intention was to simply set the record straight, and remind my fellow Councillor, who I am surprised did not recall this very important information that was shared to all of Council regarding the CAO hiring process at a previous in-camera meeting. I did not state anything that was discussed in-camera that was of a substantive nature and the disclosure of this information, in my opinion, did not violate confidentiality.” 4.3 The Complainant’s Reply The Complainant replied to the Response by thanking the Respondent for responding. She reiterated her view that this is a clear cut violation of the code regardless of his intentions or his view of the importance of the information raised at an in camera session which he decided to disclose in public. In the words of the Complainant: “I would like to thank Councillor Dabrowski for taking the time to explain his thoughts on this issue (which is a Code of Conduct violation, not a Conflict of Interest as per his response.) I understand that he does not feel like he breached the Code of Conduct by speaking about a matter that was discussed in-camera, but he in fact did.… Instead of admitting he made an error by sharing this information, Councillor Dabrowski goes so far as to declare: “I strongly believe Councilor Lococo was intentionally misleading the public.” I do not see an exception in the Code of Conduct for trying to prove your colleague is mistaken, but there MUST be something in the Code of Conduct against accusing your colleague of intentionally misleading the public, perhaps under Section 13. He was welcome to file a complaint against her if he really believed her to be misleading the public. Perhaps he has done that and that report is relevant to his actions. If he has not, I can not see how it is relevant. If he can not substantiate his claim, perhaps he owes Councillor Lococo an apology for questioning her integrity.” The Complainant also noted that she believes “it was indisputably and by his admission, information that was shared at a previous in-camera meeting” and asserts that this is a very clear example of violating the Code of Conduct regardless of the Respondent’s intentions or his opinions on the importance of the information being shared. 5.0 Issues, Analysis and Decision 5.1 Issues The issue to be decided in this matter is whether Councillor Dabrowski contravened Section 6.2 (b) or (e) of the Code by making the statements he acknowledges were made by him (at public meetings of Council on January 19 and March 2, 2021) relating to a matter which Council had determined should be reserved to a closed session of Council (i.e. the formation of a committee and process to hire a new CAO). Page 401 of 703 6 I have given full consideration to the acknowledged facts and applicable provisions of the Municipal Act and the Code (which was adopted by Council in accordance with the provisions of Section 223.2 (1) of the Municipal Act which requires that a municipality establish a Code of Conduct for members of Council) as well as the submissions of the parties. I have determined that the Complainant’s position is correct, and the Councillor did indeed violate the Code by making the comments that he acknowledges he did about the discussion of Council relating to who might serve on the “selection” committee at a closed, in camera, session of Council. A review of the tape of the public meetings (especially the meeting held on January 19, 2021, when the initial alleged contravention occurred) reveals that the committee referred to by the Councillor (which was being discussed in camera) was not the actual “hiring” committee. Rather, it was a “screening committee” which would reduce the number of prospective candidates (likely recommended by an external search consultant) to a manageable number so that the actual hiring/selection Committee (which would be all of Council sitting as a Committee of the Whole) could make the final decision. While this was a significant factor in the public debate before council initiated by Councillor Lococo on January 19, 2021, it does not erase the fact that the “screening committee” which was the subject matter of the in camera discussion by Council still played a significant role in the hiring process. It is also of some relevance to note that at the time the Respondent made the comment relating to the formation of the screening committee as discussed at the public session of Council, the subject matter of the debate on this matter was over. Councillor Lococo had acknowledged she had misunderstood the process and Council had then approved the appointment of the three Councillors who had advanced their names as candidates for appointment to the “screening committee”. The matter was in fact over and done with when Councilor Dabrowski determined to offer his comments (“in clarification”) about what had been discussed at the in camera session on this issue. It is these comments which have given rise to this Complaint and the resultant investigation and determination of this issue. There is no disagreement about the facts of this incident as the Councillor has acknowledged he did state that an opportunity was given at a closed session of Council to all Councillors to put their names forward if they wanted to serve on the committee under discussion. I do not question the Councillor’s view that the comment was simply intended to remind Council that this is what had transpired at the closed session in the face of a perceived assertion that women were excluded from participating as members of such a committee. As the Councillor stated in his response: “At no time did I reveal confidential information and / or put the corporation at any financial risk. My intention was to remind fellow Council members and the public of process that was presented to us. Again, my intention was to simply set the record straight, and remind my fellow Councillor, who I am surprised did not recall this very important information that was Page 402 of 703 7 shared to all of Council regarding the CAO hiring process at a previous in-camera meeting. I did not state anything that was discussed in-camera that was of a substantive nature and the disclosure of this information, in my opinion, did not violate confidentiality.” In my view, the Councillor’s intentions are irrelevant to the fact that he publicly disclosed information discussed at a closed door session of Council without the permission of Council. This simply cannot be countenanced under the provisions of the Code as to do so would be to give licence to each individual Councillor to decide what should or should not be made public out of an in camera meeting. Surely that cannot have been the intention of the Legislature or Council when the applicable provisions of the Municipal Act and the Code were enacted. The provisions of section 239(2) of the Municipal Act contain eleven exceptions to the obligatory requirement for all meetings of Council to be “open to the public”. The exceptions are all directed to matters which one would expect should be kept confidential e.g. labour negotiations; litigation; solicitor-client privilege; personal matters about an identifiable individual etc. No one has suggested in this matter that the closed session was improperly convened as an exception to the requirement that “all meetings shall be open to the public” and I have accordingly not made inquiry into that issue. Once it is determined that the matter is properly included in a closed door session, the provisions of the Code (not the Municipal Act) mandate that such discussions shall be held in confidence. In this case the provisions of the Code are quite clear to me. Section 6.2 (c) and (e) provide, once again, as follows: 6.2 No Member shall: … (c) provide to any other person to disclose, release, publish any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so; (e) disclose or discuss, through written, electronic, or verbal communication, to any individual or corporate third party, any information that has been or will be discussed at a closed session meeting of Council or a Committee until such time that Council or a Committee has determined or has been advised by staff that the matter, or any part of the matter, can be made public subject to review by the head or designate under the Municipal Freedom of Information and Protection of Privacy Act or if directed to do so by a court. The Code contains a fulsome definition of “confidential information” and specifically references information disclosed or discussed at a closed session meeting of Council in the following terms: Page 403 of 703 8 2.1 In this Code (g) “confidential information” means any information in the possession of or received in confidence by the City that the City is prohibited from disclosing or has decided to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation, which includes but is not limited to: (i) Information that is disclosed or discussed at a meeting that is closed to the public pursuant to subsection 239(2) of the Municipal Act, 2001; Put simply, the combination of these sections makes it clear that Members are precluded under the Code from disclosing or discussing “any information that has been or will be discussed at a closed meeting of Council” unless Council allows the publication. It is not a matter of interpreting whether something that was said at such a meeting is “confidential” or not. It is a blanket prohibition against disclosing or discussing such information in public unless Council agrees it can be made public. The Councillor in this case decided on his own to interpret these provisions to exempt him from their application. That was an erroneous presumption, regardless of his intention. Had he paused to reflect on his obligations under the Code, he could have brought a motion before Council to permit the disclosure of the facts he wished to bring forward in support of his position. He also could have asked Council to go in camera so he could express his opinion on the matter to other members of Council. In addition, he could have deferred his comments until he had the opportunity to seek the advice of the Integrity Commissioner. The Councillor however chose none of these options but instead determined to react in public to a situation he believed was unfair by disclosing matters discussed in a properly convened closed session of Council. Such a decision and conduct cannot be countenanced by Council or me as the City’s Integrity Commissioner. I have accordingly determined that the Complaint is well founded and the Councillor acted in violation of the Code in making the disclosure/discussion he did on this issue. Councillors should accordingly be alert in the future to the facts of this case and my views as the City’s Integrity Commissioner that absent compelling distinguishing circumstances “in camera” means “in confidence” and they should govern themselves accordingly. 6.0 Recommendation as to Penalty 6.1 – Integrity Commissioner’s Recommendation(s) In considering my recommendation as to the appropriate penalty in the circumstances of this case, I have concluded the Councillor did not purposely or with ill motive or intent make the public disclosure in contravention of the Code. It is clear to me after reviewing the tapes of the Page 404 of 703 9 public meetings, that the Councillor genuinely believed he was simply reminding Council of a fact which he believed was relevant and important to the issue under public discussion. Unfortunately, he did not consider that by so doing he was “disclosing or discussing” a matter which he was precluded from doing by relating what had occurred at a closed session of Council. In these circumstances, I recommend that Council issue a reprimand to the Councillor for this contravention of the Code. This is the same recommendation I initially made in a previous decision involving these sections of the Code (see IC-119-0919 as referenced by this Complainant in her Complaint). That recommendation was subsequently altered for reasons set forth in an Addendum to the Report which are not present in this case. I would also add that as this is the second decision I have now written on the issue of discussing and disclosing information arising out of a closed session of Council, I would hope all Councillors would keep these decisions in mind when confronted with similar circumstances in the future. A copy of this Report is being provided to the Clerk to be placed before Council (on the public agenda) for its review and consideration. Yours very truly, Edward T. McDermott Integrity Commissioner for the City of Niagara Falls. Page 405 of 703 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls emcdermott@adr.ca August 30, 2021 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: Emily Spanton/ Councillor Vince Kerrio - Complaint IC-13125-0321 Dear Mr. Matson: I wish to advise you that I have now completed my investigation into this Complaint and have determined that no contravention of the Municipal Conflict of Interest Act (“MCIA”) was committed by the Councillor with respect to the matters raised in the Complaint. A copy of the detailed Report of myself and my delegated investigator in this matter (Mr. Ben Drory) has been provided to the Complainant and the Councillor for their information on August 30, 2021. The process which was followed to investigate this Complaint is recorded in detail in such Report which is attached hereto. In accordance with section 223.4.1 (16) of the Municipal Act, I further advise that I have determined that I will not be making an application to a judge under section 8 of the MCIA for a determination that the Councillor has contravened sections 5 or 5.2 of that Act. The reasons for not making such application are set forth in the attached Report and, in accordance with section 223.4.1 (17) of the Municipal Act, I am accordingly requesting that this Report be placed on the public agenda for submission to Council. Would you be good enough to advise me when this has been completed. Page 406 of 703 2 Finally, I would also advise that, in accordance with section 223.6 (2) of the Municipal Act, 2001 of Ontario, all matters disclosed in the Report are necessary for the Report itself. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner, City of Niagara Falls Page 407 of 703 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls E-mail: emcdermott@adr.ca BENJAMIN DRORY Investigator Office of the Integrity Commissioner August 30, 2021 SENT BY EMAIL TO: Ms. Emily Spanton at her personal email address AND TO: Councillor Vince Kerrio (and his Legal Counsel) at vkerrio@niagarafalls.ca; cc: Bill Matson, Clerk billmatson@niagarafalls.ca Re: Investigation Report – IC-13125-0321 Dear Ms. Spanton and Mr. Kerrio: This is a report respecting a complaint brought by Ms. Emily Spanton (the “Complainant”) against Councillor Vince Kerrio under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 (the “MCIA”). Section 223.4.1 of the Municipal Act, 2001 (the “Municipal Act”) allows an elector or a person demonstrably acting in the public interest to apply to the Integrity Commissioner for an inquiry concerning a member of Council’s alleged contravention of section 5, 5.1, and/or 5.2 of the MCIA. Page 408 of 703 2 The Integrity Commissioner for the City of Niagara Falls (the “City”), Mr. Edward T. McDermott, accepted that the Complainant was demonstrably acting in the public interest, and on May 26, 2021, pursuant to section 223.3(3) of the Municipal Act, 2001, delegated his powers and duties to Mr. Benjamin Drory to investigate and prepare a report for this matter (subject to his review and approval), with respect to the complaint. In accordance with ss. 223.4.1(15)-(17) of the Municipal Act, the Commissioner may, if he or she considers it appropriate upon completion of the inquiry, apply to a judge under s. 8 of the MCIA for a determination as to whether the member has contravened section 5, 5.1, and/or 5.2 of the MCIA. The Integrity Commissioner shall advise the applicant whether they will be doing so, and publish written reasons for the decision after deciding whether or not to apply to a judge. The Municipal Act does not direct a specific procedure that an Integrity Commissioner must follow in dealing with MCIA applications. A process that ensured fairness to both parties was followed. As part of the investigation, we reviewed: • The Complainant’s Code Complaint Form and Affidavit, dated March 19, 2021; • Councillor Kerrio’s formal response, dated April 26, 2021; and • The Complainant’s reply, dated May 10, 2021. Mr. Drory also interviewed the Complainant by telephone, corresponded with the respondent and his counsel by email, researched relevant law in the field, and researched the subject matters of the relevant votes before Council. The Parties’ Positions Complaint The Complainant alleged that Councillor Kerrio violated section 5(1) of the MCIA, which provides: When present at meeting where matter considered 5(1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the Page 409 of 703 3 member, (a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. The Complainant argued that Councillor Kerrio is a senior officer of Niagara Hospitality Hotels (“NHH”), which is self-described as a “boutique hotel and restaurant company operating in Niagara Falls” since 1995,1 and that NHH’s CEO is A. Douglas Birrell – who is also the Executive Director of the Niagara Falls Canada Hotel Association (“NFCHA”). The Complainant asserted that this puts Councillor Kerrio in authority positions over Mr. Birrell at both the NHH and NFCHA. The Complainant asserted that as an owner of hotels, Councillor Kerrio has an interest in the hotel industry above the common interest of citizens, and therefore he should not partake in or influence discussions at Council regarding hotels, restaurants, or bars, as it could easily have a pecuniary interest for him. She noted that under the MCIA, if a matter comes before Council in which a councillor has “any pecuniary interest”, the councillor must disclose the interest at the start, refrain from partaking in the discussion or voting, and not attempt to influence the voting in any way with respect to the matter. The Complainant wrote that she reviewed Councillor Kerrio’s voting record from 2018-2020, and identified five broad areas of potential conflicts of interests: which involved the Councillor: 1. Bed and Breakfasts, and short-term rentals 2. NFCHA and business associations 1 https://www.niagarahospitalityhotels.com/ The website indicates that NHH operates two hotels – the Oakes Hotel Overlooking the Falls, and the Falls Hotel and Inn, and three restaurants – Applebees Bar and Grill (two locations, including at the Oakes Hotel), and Remingtons of Niagara (next door to the Falls Hotel and Inn). Page 410 of 703 4 3. New hotels 4. Boarding homes 5. Other matters In total, the Complainant listed 30 votes that concerned her (they will be delineated further in the context of Councillor Kerrio’s response). She said this is a frequent action by Councillor Kerrio, and precisely the type of behaviour that undermines trust in elected officials. Response Councillor Kerrio replied, through his counsel, that each of the Complainant’s allegations were hypothetical, speculative, and/or unfounded. He stated that he has served the City’s citizens for over two decades, and is an experienced councillor committed to ethical local government, and well aware of his obligations under the Act. Councillor Kerrio stated that the City does not have full-time municipal councillors, and on top of his Council role he has personal businesses that he has built and runs with his family. He stated that owning hotel and restaurant businesses in the City does not present the ethical dilemma suggested by the Complainant, but rather enhances his understanding of local issues. He submitted that the Complainant’s allegations all depended upon a flawed theory, namely that: “As an owner of hotels, Councillor Kerrio has an interest in the hotel industry above the common interest of citizens and therefore in accordance with the MCIA he should not partake or influence discussions at Council in regards to hotels, restaurants or bars as it can easily have a pecuniary interest for him.” Councillor Kerrio submitted that theory misunderstands how the MCIA operates – the mere fact he has hotel and restaurant businesses does not automatically disqualify him from discussing topics related to those industries, and for his obligations under the MCIA to be engaged, there must be a real, definable financial interest at stake. He submitted that councillors’ MCIA obligations are engaged when a matter before Council engages their “pecuniary interests” – not personal “conflicts of interest”, as that phrase is commonly understood, or Page 411 of 703 5 perceptions of such – the MCIA is only concerned with financial interests related to money.2 Councillor Kerrio submitted that the relevant question is “Does the matter to be voted upon have the potential to affect the pecuniary interest of the municipal councillor?”.3 He added that cases under the MCIA have established that a pecuniary interest can include a monetary benefit, that could be received either in cash, or an increase in asset value or the avoidance of losses, and the pecuniary interest must actually exist at the time of the relevant Council vote. Councillor Kerrio submitted that the following propositions flow from case law, and identified the relevant cases in support of his submissions: • Possible future outcomes do not qualify as a pecuniary interest.4 • The pecuniary interest must be definable and real, rather than hypothetical or speculative – i.e., it cannot be based on a mere idea, or theoretical understanding of a conflict.5 • There must be some immediate, non-deviated, or traceable financial impact to the councillor, positive or negative, arising from the matter before Council.6 • A pecuniary interest requires something more than past dealings or the possibility of future business; there must be a financial interest at the time of the Council vote.7 o Where the outcome of a Council vote does not entail or cannot be linked to an immediate financial outcome, other than hypothetically, there is no pecuniary interest.8 • A political interest in a matter, by itself, does not constitute a pecuniary interest.9 Councillor Kerrio submitted that the MCIA also recognizes exemptions in s. 4 that remove pecuniary interests from the requirements of ss. 5 and 5.2. In particular, he noted that section 4(j) applies where a matter before Council affects the 2 Per Tuchenhagen v. Mondoux, 2011 ONSC 5398 (Div. Ct.), para. [31] 3 Per Greene v. Borins, 1985 CanLII 2137 (Ont. Div. Ct.), para. [42] 4 Yorke et al. v. Harris, 2020 ONSC 7361 5 Cauchi v. Marai, 2019 OSC 497, para [33]; Lorello v. Meffe, 2010 ONSC 4532, para. [59] 6 Cooper v. Wiancko, 2018 ONSC 342, para. [63] 7 Darnley v. Thompson, 2016 ONSC 7466, para. [59] 8 Rivett v. Braid et al., 2018 ONSC 352 9 Cauchi v. Marai, supra, para. [50] Page 412 of 703 6 councillor’s financial interest the same way as other electors in the municipality (an ‘interest in common’), and section 4(k) exempts interests that are “remote or insignificant” – which focuses on the matter’s importance to the councillor, and whether it would have a predictable and direct impact on his/her financial interests. Councillor Kerrio submitted that the Complainant appeared to be alleging that bed-and-breakfast establishments and short-term rentals (such as Airbnb, Vrbo, etc.) were competitors to the hospitality industry, the elimination or regulation of which would result in increased patronage at his own hotels. Councillor Kerrio said this was not supported by any evidence of the local market for accommodations, and to the contrary his own experience was that short-term rental accommodations occupied a different segment of the market than his hotel establishments, and there was no competition between them. Councillor Kerrio acknowledged that he is a director for the NFCHA – an industry association that advocates for the interests of hotel and motel operators. He stated that the NFCHA’s challenged communications to Council were only correspondence, and therefore did not entail any financial outcomes in themselves. He added that Council decisions relating to the finances of business improvement areas (‘BIAs’) do not give rise to a conflict of interest, per Gammie v. Turner (2013 ONSC 4563).10 Councillor Kerrio observed that the Complainant referred to eight votes where Council dealt with planning and development applications related to hotels – he submitted that he did not own any of those projects, whether directly or indirectly. He added that he voted overwhelmingly in favour of approving the new developments, which would have only increased competition to his establishments. Councillor Kerrio denied that he had a pecuniary interest in the City’s regulation of land uses relating to boarding houses and single room occupancy (“SRO”) units/buildings, as the City’s land use and planning studies have identified that boarding houses and SROs are fundamentally different uses than traditional hotels – in his opinion they provide medium to long-term accommodations to 10 Councillor Kerrio noted that the court in the Gammie case held the benefit of grant funding in question was shared by all electors in the BIA who paid the applicable levy – meaning that the councillor had an “interest in common” within the s. 4(j) exemption, and that any interest in the grant was also “remote or insignificant”, as it did not benefit the councillor directly. Page 413 of 703 7 those needing affordable or emergency housing. Councillor Kerrio acknowledged that he declared pecuniary interests in the City’s proposed regulatory framework for boarding houses and SROs on two instances – on November 13, 2018 and June 25, 2019, respecting a staff report and the accompanying planning and regulatory framework, respectively – but stated that he only did so out of an abundance of caution, and with the benefit of hindsight he realizes he was not required to do so. He said that in November 2018 it was unclear whether his hotels would face new zoning regulations or licensing requirements – specifically the possibility of new “Apartment Hotel” uses in the zoning by-law – and in June 2019, it was still unclear whether his businesses would be subject to those regulations, so he erred on the side of caution, as the outcome was unclear then. However, he stated it was now clear that the City’s regulation of boarding houses and SROs does not impact his hotel business, relating to an entirely different market. He added that his past declarations were not probative of anything in the complaint, and that he only erred on the side of caution when matters were unclear. Councillor Kerrio detailed his positions relating to the individual Council matters the Complainant objected to. The series of both complaints by the complainant and responses by the respondent, as described by the parties, with respect to these matters are set out below. 1. Bed and Breakfast and Short-Term Rentals A. September 10, 2019 6.7 Bed & Breakfast Operations and Vacation Rentals Complaint: Councillor Kerrio spoke to the matter and did not declare a conflict of interest (“COI”); voted against enforcement of the by-law. Response: A deputation to Council on a motel and restaurant that had been operating contrary to the permitted uses for the property in the Zoning By- Law. Council deferred enforcement, and gave the operator a brief time to submit a planning application. Councillor Kerrio has no ownership in, or relationship to the property, and as such had no financial interest in the matter. B. February 11, 2020: 6.3 Presentation by NFCHA Executive Director, Doug Birrell Page 414 of 703 8 Complaint: Recommendations on restrictions for “Vacation Rental units”, i.e., short-term rentals. Councillor Kerrio voted on the matter and did not declare a COI. Response: A deputation on issues associated with short-term rentals in the City; the deputant requested that the City enhance licensing and enforcement. Council “endorsed” the recommendations, but required further steps to bring regulations into place. The matter did not entail any financial or economic outcome. 2. Niagara Falls Canada Hotel Association (NHCHA) and Business Improvement Areas (BIAs) A. June 25, 2019: 10.8 Clifton Hill BIA Budget Complaint: Councillor Kerrio voted on the matter, but did not declare a COI. Response: Correspondence from a BIA presenting its budget to Council, as per the Municipal Act, 2001. No other immediate financial outcome engaged for Councillor Kerrio; his interest was an “interest in common” with other electors in the BIA, per Gammie. B. January 28, 2020: 6.3 Presentation by NFCHA Executive Director, Doug Birrell Complaint: Recommendations on restrictions for “Vacation Rental units”, i.e., short-term rentals. Councillor Kerrio voted on the matter and did not declare a COI. Response: As per 1.B. above C. May 12, 2020: NFCHA letter from Doug Birrell re: misleading communication on social media Complaint: Councillor Kerrio did not declare a COI. Response: Correspondence from NFCHA addressing misleading social media comments that hotels have not complied with public health guidelines. Information received by Council. No immediate financial outcome as a result of this matter. D. June 23, 2020: 10.8 Clifton Hill BIA Budget Approval Complaint: Councillor Kerrio declared a COI, but voted. Response: As per 2.A. above Page 415 of 703 9 E. June 23, 2020: 10.11 Lundy’s Lane BIA Budget Approval Complaint: As per 2.D. above Response: As per 2.A. above F. July 14, 2020: 7.2 Request for staff report on budgeting format to be followed by BIAs Complaint: Councillor Kerrio voted. Response: Staff Report on whether a BIA can modify its budget after approval by Council. Council decision to allow modifications to budgets, provided they are not increased as a result. No immediate financial outcome engaged for Councillor Kerrio; any interest he had was as an “interest in common” with other electors, per Gammie. G. Letter of appreciation from Doug Birrell, NFCHA Complaint: As per 2.A. above Response: Correspondence from NFCHA, conveying appreciation for Mayor Diodati. Information received by Council. No immediate financial outcome as a result of this matter. 3. New Hotels A. April 30, 2019: Hotel at corner of Ferry and Stanley (PBD-2019-28, AM- 2018-23) (12 storey hotel, 150 rooms) Complaint: As per 2.A. above Response: Councillor Kerrio does not own this property, directly or indirectly, and has no business relationship or interest in this development project. As such, Councillor Kerrio has no financial interest. B. January 14, 2020: 7.4 PBD 2020-07 Minor changes to approved project Complaint: As per 2.A. above Response: As per 3.A. above C. October 1, 2019: PBD-2019-14 Hotel at 3170 Fallsview Blvd. (12 storey, 230 rooms, Dino DeCienzo) Complaint: Councillor Kerrio seconded motion approving development, and voted, did not declare a COI. Page 416 of 703 10 Response: As per 3.A. above D. October 22, 2019: 7.2 PBD 2019-71, AM2019-015 Hotel at 6605 Stanley Avenue (72 storey, mixed use) Complaint: As per 2.A. above Response: As per 3.A. above E. March 3, 2020: 7.1 PBD-2020-13 (16 and 14 storey hotel towers to be added) Complaint: Councillor Kerrio moved approval of application, voted. Response: As per 3.A. above F. April 2, 2020: 7.5 PBD-2020-22 5510-5526 Ferry Street etc (revitalization grant) Complaint: As per 2.A. above Response: As per 3.A. above G. April 2, 2020: 7.6 Exemption to 2-year waiting period for minor variance, 5510-5526 Ferry Street etc Complaint: As per 2.A. above Response: As per 3.A. above H. August 11, 2020: 7.1 PBD 2020-47 5841-5851 Victoria Ave. (two 10-storey additions to existing hotel) Complaint: As per 3.A. above Response: As per 3.A. above 4. Boarding Homes A. April 9, 2019: 8.9 Boarding House Interim Control By-law Study Update Complaint: Motion by Pietrangelo/Kerrio that the report be approved as recommended, and also notify all BIAs and any other interested parties of the public meeting to be held in June. Councillor Kerrio voted on the matter, but did not declare a COI. Response: Staff Report on updates to planning study on boarding houses and Page 417 of 703 11 SROs. Council decision to receive for information, and direct staff to revise planning and licensing documents, and provide further notice to BIAs of public meeting. Councillor Kerrio’s businesses not affected by City regulations, nor do boarding homes or SROs have any relation to his businesses – as such, Councillor Kerrio had no financial interest. B. April 9, 2019: 8.10 L-2019-07 Boarding House Enforcement Complaint: Councillor Kerrio voted on a motion to investigate whether residential dwellings were being used as a Boarding House, and did not declare a COI. Response: Staff Report to seek instruction on investigation of potential use of residential dwelling as a boarding house. Council directed staff to investigate. Councillor Kerrio does not own this property. Councillor Kerrio’s businesses not affected by City regulations, nor do boarding homes or SROs have any relation to his businesses – as such, Councillor Kerrio had no financial interest. C. September 10, 2019: 8.8 PBD-2019-5 Matters Arising from Council Discussion of the MHBC Boarding House Study and Affordable Housing Complaint: Kerrio voted on this; no COI declared, even though COI declared June 15, 2019. Response: Staff Report providing update on planning study of boarding houses and SROs. Council received report and directed staff to take further actions to address affordable housing and landlord-tenant law. No immediate financial actions contemplated by Council’s decision. As such, Councillor Kerrio had no financial interest. 5. Other Matters A. March 27, 2018: 9. BDD-2018-002 Association of Municipalities of Ontario Request for Proposal to Host Annual General Meeting, Conference, and Trade Show Complaint: Staff proposal to host as many of the Association of Municipalities of Ontario (‘AMO’) conferences as possible. Councillor Kerrio voted on the matter, and did not declare a conflict of interest. Response: No specific response received. However, Councillor Kerrio noted that March 27, 2018 preceded the jurisdiction for Integrity Commissioners to hear MCIA complaints, which commenced March 2019. Page 418 of 703 12 The Complainant, in her original complaint, also acknowledged some occasions in which Councillor Kerrio declared conflicts of interest and did not vote – which she asserted demonstrated his awareness of his need to declare conflicts: • November 13, 2018 – 6.2 Boarding House Interim Control By-law Study • May 14, 2019 – 8.4 Commercial Parking Lot Report • June 25, 2019 – 7.1 Final Boarding House Study • September 10, 2019 – 6.5 Waste Collection Tender • July 14, 2020 – 9.3 Victoria Centre BIA, 9.4 Danial and Partners Centre Street, and 11 By-law 2020-73 Temporary Use 2020 Outdoor Patios – Sidewalk Cafes • September 15, 2020 – 7.3 Victoria Centre Boundary Expansion • October 27, 2020 – 10.6 Letter from NFCHA requesting tax relief, and 10.10 Fallsview contribution agreement • November 17, 2020 – 9.10 Letter from NFCHA Councillor Kerrio did not comment respecting those matters in his Response. Reply The Complainant asserted that the legal cases Councillor Kerrio referred to were not similar in nature. She said Councillor Kerrio did not dispute owning hotels, and took part in and voted on issues affecting the financial well-being of hotels, and sought to control competitors to the hotel industry – namely short-term rentals. She said an owner of multiple hotels and restaurants has a financial interest in such matters far exceeding that of the common interest – the conflict was plain, and it had to be declared. She found Councillor Kerrio’s assertion that short-term rentals are not competitors to the hotel industry absurd, and cited various articles describing increased competition and decreasing revenue to hotels because of short-term rentals.11 11 See: https://www.forbes.com/sites/hbsworkingknowledge/2018/02/27/the-airbnb-effect-cheaper-rooms- for-travelers-less-revenue-for-hotels/?sh=52a1cee5d672; https://medium.com/harvard-real-estate-review/a-new-era-of-lodging-airbnbs-impact-on-hotels- Page 419 of 703 13 She also cited Moll and Fisher et al.,12 for the proposition that the MCIA: “… like all conflict-of-interest rules, is based on the moral principle, long embodied in our jurisprudence, that no man can serve two masters. It recognizes the fact that the judgment of even the most well-meaning men and women may be impaired when their personal financial interests are affected. Public office is a trust conferred by public authority for public purpose. And the Act, by its broad proscription, enjoins holders of public offices within its ambit from any participation in which their economic self-interest may be in conflict with their public duty. The public’s confidence in its elected representatives demands no less.” The Complainant concluded that a councillor who simultaneously owns hotels and restaurants, and sits as a director of the NFCHA, and participates in matters before Council regarding the competition to hotels, was the epitome of the behaviour the MCIA seeks to prevent. Other relevant case law Applicable case law relevant to the determinations of matters under s. 5 of the MCIA was also reviewed. In Ferri v. Ontario (Attorney General),13 the Ontario Court of Appeal identified that “pecuniary interest” is not a defined term in the MCIA, but that case law has established it is restricted to a financial, monetary, or economic interest, and “what constitutes a pecuniary interest sufficient to trigger the provisions of the MCIA is not to be narrowly confined”.14 It also observed that “pecuniary interest” must not be construed so broadly that it captures almost any financial or economic interest such that it risks needlessly disqualifying municipal councillors … from participating in local matters of importance to their constituents”. It added that the MCIA ameliorates such potentially harsh effects through s. 4(k), “by ensuring that pecuniary interests that are truly remote or insignificant are not caught under s. 5”.15 travelers-and-cities-de3b1c2d5ab6; https://www.bls.gov/opub/mlr/2018/beyond-bls/how-airbnb-has-affected-the-hotel-industry.htm 12 Re Moll and Fisher et al., 1979 CanLII 2020 (ON SC) 13 Ferri v. Ontario (Attorney General), 2015 ONCA 683 14 Ibid, para. [9]-[10] 15 Ibid Page 420 of 703 14 In the 2020 case of Yorke et al. v. Harris,16 Justice Braid of the Ontario Superior Court of Justice stated that “[p]ossible future outcomes do not qualify as pecuniary interests under the Act. There must be a real issue of actual conflict, or at least, a reasonable assumption that conflict will occur. The pecuniary interest must be definable and real rather than hypothetical.”17 She summarized four other cases, and noted from Lorello v. Meffe18 that “to constitute a pecuniary interest, there must be something more than infrequent past dealings or the possibility of future business. … The court must examine whether it is probable that the matter before council will affect the financial or monetary interests of the member,” [emphasis added]. She cited Gammie v. Turner,19 respecting a vote on grant money for a Business Improvement Area, noting “the court remarked that the possibility that the respondent would benefit from the grant as a member of a local business was too speculative and hypothetical.” Justice Braid concluded that any pecuniary interest by the present councillor was contingent on other things occurring, and was too speculative and/or hypothetical to constitute a pecuniary interest under the Act.20 The councillor had been a long-time proponent of the issue subject to the vote, and his support of a resolution appeared to be nothing more than an extension of his political views – which did not implicate his pecuniary interests in any tangible or real way.21 In Durham Flight Centre Inc. v. Marimpietri,22 a corporation alleged that a councillor contravened s. 5 of the MCIA by failing to withdraw from the decision-making and voting respecting a staff report on land use options for part of the local airport. Oshawa’s Integrity Commissioner determined that the Applicant was essentially arguing for a series of indirect and potential future effects,23 but that the staff report did not directly, definitely, or imminently cause any of the alleged results.24 He noted the case law is clear that a pecuniary interest must be real and present, not speculative or remote, and that words the courts have used to characterize a pecuniary interest have included “actual”, “definable”, and “real”. He noted a pecuniary interest does not arise from speculation based on 16 Yorke et al. v. Harris, 2020 ONSC 7361, released December 9, 2020 17 ibid, para. [47] 18 Note 3, supra 19 Gammie v. Turner, 2013 ONSC 4563, 11 M.P.L.R. (5th) 177 20 Yorke et al., supra, para. [51]-[52] 21 Ibid, para. [73] 22 Durham Flight Centre Inc. v. Marimpietri, 2019 ONMIC 18 23 Ibid, para. [34] 24 Ibid, para. [36] Page 421 of 703 15 hypothetical circumstances,25 and that the Applicant conceded the property value effects it was concerned about were not necessarily imminent, but focused on a “longer time-frame”.26 The Integrity Commissioner concluded that the councillor did not have a pecuniary interest in the staff report. Interviews with Parties Communication with Councillor Kerrio was directed through his counsel by email, as they preferred. The Councillor stated that, to the best of his recollection, he had never met or dealt with the Complainant, or had any interaction with her. He stated he had never attempted to “control competitors to the hotel industry”, and that when he voted, it was in favour of approving hotel developments to the extent they represented good planning. With respect to vacation rentals, he stated that he only voted to try assisting in regulating their location and use – his motivation was to help stop unregulated and illegal uses. He felt developers and operators of vacation rentals should appropriately be subject to proper planning and use regulations. An interview was also held directly with the Complainant. She said that she had never interacted with Councillor Kerrio before, other than that she once made a statement in Council chambers – but she never had any personal interaction with him. The Complainant said she became interested in this issue because the topic of vacation rentals (i.e., short-term rentals) has been a hot topic throughout the Niagara Region, so she has been following it through each municipality. She stated that she does not have any pecuniary interest in the issue herself, but she is interested in the poverty aspect – for example, she is on the Selection Committee for the Niagara Prosperity Initiative, which decides who receives grants respecting various poverty initiatives. She said the short-term rental issue has a major poverty impact because, for example, people get priced out of homes, and the unhoused population often stays in hotels (at the Region’s expense) when other options are not available. The Complainant’s opinion was that there should not be any rentals that only function as Airbnb’s, as they take away from the long-term rental market – so her issue with Councillor Kerrio was not his stance, per se, but rather that he did not declare his interests in the issue. 25 Ibid, para. [38]-[39] 26 Ibid, para. [40] Page 422 of 703 16 The Complainant said her understanding of a “pecuniary interest” under the MCIA was a financial interest, as opposed to a fiduciary duty of care. She felt it was a direct conflict for Councillor Kerrio to be debating regulations that affected his competition, as someone who owns a hotel. She disagreed that hotels, short- term rentals, and boarding houses operate in different market segments, and asserted that an easy Google search shows significant research that this is a false conclusion – many travelers can choose to stay in either a hotel or Airbnb, and consider them comparable. The Complainant did not know if Councillor Kerrio owned any properties that would directly benefit from the matters before Council, and acknowledged that whether he would financially benefit from his votes was uncertain – but she said that as a layperson doing very basic research, she saw a conflict, and Councillor Kerrio was still continuing to vote on short-term rental issues in spite of her complaint. She felt the councillor had more of an interest than the average layperson. Analysis and Findings The case law is clear that a pecuniary interest under s. 5 of the MCIA is fundamentally a financial or economic interest, and cannot be merely speculative or hypothetical – it needs to be reasonably direct and obvious. The Complainant’s assertions do not meet that test. They seem fundamentally based on a philosophy that as a hotel and restaurant owner, Councillor Kerrio had an “interest greater than the average citizen”, and thus he should not have participated in discussions about the matters before Council. But that assertion is inconsistent with the scheme of the MCIA. A “pecuniary interest” is narrower than a general “conflict of interest” envisaged in the Code of Conduct for Members of Council. But the penalties for violating s. 5 of the MCIA are also significantly more severe than for violating the Code of Conduct – upon finding a breach of s. 5, a judge may declare a councillor’s seat vacant, or disqualify them from becoming a councillor again for a period of up to seven years and order restitution. In short, the requirements for establishing a breach of the MCIA is high, and appropriately so. To establish a breach of the MCIA, there had to be compelling evidence that Councillor Kerrio, or his family or businesses he owned, stood to directly financially benefit from the result of any of the votes that he participated in and did not declare conflicts of interest for. For example, there needed to be compelling evidence that Councillor Kerrio might see increased revenues or asset Page 423 of 703 17 values, or the avoidance of losses, directly resulting from Council decisions, and without speculation. This was not satisfied in this case. Context is also important. The City is a world-renowned tourist destination, with an extremely significant hotel presence – far beyond Councillor Kerrio’s establishments alone. Land use matters generally pertaining to hotels and lodging are exactly the types of matters that one would expect the City’s councillors to be considering frequently – i.e., matters of public importance requiring analysis and decision-making by those elected to office for that purpose. One might even argue that having a councillor experienced in running a hotel operation could be a valuable perspective for City Council – one of the four guiding principles in the MCIA, as set out in s. 1.1, explicitly acknowledges that “there is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise.” But either way, City residents have the opportunity to collectively choose who their elected officials are every four years, if they do not like the work that the current elected officials are doing. An Appendix to this Report (Appendix “A”) summarizes the substance of the challenged matters before Council. As long as Councillor Kerrio’s establishments were not directly financially impacted, he could participate. The Appendix also notes the instances the Complainant identified for which Councillor Kerrio did declare conflicts of interest (items 5(B) through (L)) – they tended to be narrow respecting his establishments’ neighborhood (which may have affected his establishments’ operations), or matters that might clearly affect the finances of any hotel operation in the City. For example, two matters related to the closure of part of Centre Street near Ellen and Victoria Streets in summer 2020 – Councillor Kerrio’s properties The Falls Hotel and Inn, and Remingtons of Niagara next door, have addresses on Ellen Street and Victoria Street respectively, near Centre Street. It is predictable that all businesses with a walk-in component are influenced by nearby traffic volume. In short, the matters for which Councillor Kerrio declared conflicts of interest and in which he accordingly did not participate were substantively different from those about which he did not declare conflicts. His manner of declaring interests appeared both deliberate and appropriate. The question of whether hotels and VRUs are direct competitors in their marketplaces is not relevant to the legal matters at issue in this case. Page 424 of 703 18 Decision and Publication As this Report has determined that Councillor Kerrio did not breach s. 5 of the MCIA, there is no basis for the Integrity Commissioner to apply to a judge under s. 8 of the Act for a determination of such. The Act requires that after making a decision whether or not to apply to a judge, the Integrity Commissioner shall publish written reasons for the decision. The Integrity Commissioner will publish such decision by providing this Report to the City to be made public. Dated at Toronto, this 30th day of August, 2021. Respectfully submitted by, _______________________ ______________________ Edward T. McDermott Benjamin Drory Integrity Commissioner Investigator City of Niagara Falls Office of the Integrity Commissioner Cc: Italia M. Gilberti, Counsel for Vince Kerrio Bill Matson, City Clerk Page 425 of 703 19 APPENDIX 1. Bed and Breakfast and Short-Term Rentals A. September 10, 2019 6.7 Bed & Breakfast Operations and Vacation Rentals Mr. Kenneth Westhues of 5419 River Road, wishes to address Council with concerns regarding the operations of Grandview Manor, as well as some neighbouring properties along River Road and Eastwood Crescent. Mr. John Pinter, President of Niagara Historic Inns, 5359 River Road, also wishes to address Council regarding the same matter. Allegation that John Pinter had been operating restaurant and hotel illegally for two years, and asking for immediate compliance with By-law 2015-51. B. February 11, 2020 6.3 Niagara Falls Canada Hotel Association Doug Birrell will present a brief summary of the financial implications of unregulated Vacation Rental Units for Council's information 16-page presentation27 entitled “The Crisis Next Door”. Excerpts included allegations that residents complaint about the loss of quiet enjoyment of their homes, safety/harassment issues, and statements that VRUs are stealing inventory from the housing market, and aren’t adding employment or paying commercial taxes to the City. Statement that VRUs should be adequately monitored and controlled. Request to add to the By-Law that the City should have a separate contract with each VRU provider, that VRUs be subject to inspection by City fire, health, and building officials, and that legally conforming units be properly licensed by the City, only in commercial tourist zones, and be required to charge and remit the $2.00/night MAT tax to the City. 2. Niagara Falls Canada Hotel Association (NHCHA) and Business Improvement Areas (BIAs) A. June 25, 2019 10.8 Clifton Hill BIA Requesting approval of the 2019 budget. 27https://niagarafalls.civicweb.net/filepro/documents/23577?preview=24436&attachmenturl=%2Fdoc ument%2F24471 Page 426 of 703 20 STAFF RECOMMENDATION: That Council approve the Clifton Hill BIA 2019 Budget. B. (Incorrectly-dated agenda item – actually February 11, 2020, 6.3 – per 1.B above) C. May 12, 2020: 10.10 Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director of NFCHA, regarding his response to the misleading comments on social media. STAFF RECOMMENDATION: For the Information of Council. Rebuttal that hotels were hosting crowds, congregations, or “busses of people” during Covid-19. D. June 23, 2020 10.8 Clifton Hill BIA - Proposed 2020 Budget STAFF RECOMMENDATION: That Council approve the Clifton Hill BIA 2020 budget. E. June 23, 2020 10.11 Lundy's Lane BIA - Proposed 2020 Budget STAFF RECOMMENDATION: That Council approve the Lundy's Lane BIA 2020 budget. F. July 14, 2020 7.2 L-2020-06 BIAs Budget Submission to Council - Approval of Amendments by Council STAFF RECOMMENDATION/BACKGROUND: That Council directs Staff on one of the two alternatives respecting amendments to BIA budgets that have been approved by Council as set out. Presently BIAs must submit their budgets to the Council for approval for each year. However, once approved by Council the BIAs have two alternative views about whether subsequent amendments made by them to their budgets require further Council approval as follows: 1. Some BIAs feel that once the budget is approved by Council they are free to amend it without further approval of Council provided they don’t Page 427 of 703 21 increase the total amount of the funds to be raised in the budget as approved. 2. Alternatively, at least one BIA (Fallsview) feel that the budget, once approved by Council, cannot be amended in any fashion without further approval by Council, even if there is no increase in the total mount of the funds to be raised in the budget as approved. The Municipal Act at section 205 … provides for the procedure for the submission of a budget to Council for approval but, in the opinion of the Acting City Solicitor, does not give any direction as to which of the two alternative process for amendment referred to above needs to be followed. … Staff has no particular preference with respect to either of the alternatives but notes that the first alternative is more flexible for the BIAs but that the second alternative is more informative to Council. A consistent approach would be desirable. G. August 11, 2020 10.8 Niagara Falls Canada Hotel Association (NFCHA) Letter of appreciation to Mayor and Council sent from Doug Birrell, Executive Director of the Niagara Falls Canada Hotel Association. STAFF RECOMMENDATION: For the Information of Council Commendation of Mayor for handling of the adverse social media communications 3. New Hotels A. April 30, 2019 7.1 Planning Matters – Public Meeting PBD-2019-28 AM-2018-023, Zoning By-law Amendment Application 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley Avenue Proposal: 7-Storey Mixed Use Building (50 dwelling units and 893 square metres of commercial floor space), 12-Storey Hotel (150 rooms), 30-Storey Apartment Building (300 dwelling units) STAFF EXECUTIVE SUMMARY: La Pue International Inc. has requested a Zoning By-law amendment to permit the development of three buildings on the subject lands (known as 5510-5526, 5536 Ferry Street, 5916 Allendale Avenue and 5943 Stanley Avenue). Building A is a 7- Page 428 of 703 22 storey mixed use, commercial/residential building, with 893 square metres of commercial floor space and 50 dwelling units. Building B is a 12 storey, 150 room hotel. Building C is a 30-storey apartment 2 PBD-2019-28 April 30, 2019 building with 300 dwelling units. The zoning amendment is recommended for the following reasons: • The proposal complies with Provincial and Regional policies that encourage the efficient use of land and infrastructure and a diverse mix of land uses; • The proposal satisfies the intent of Provincial policies which encourage a more efficient use of underdeveloped land and would contribute to the City’s intensification target; • The subject lands are designated Tourist Commercial in the Official Plan and located within the Clifton Hill Subdistrict which allows a wide range of commercial and tourist related uses; • The subject lands are also located within the Drummondville Intensification Node, which is an area identified for residential intensification in the Official Plan. The proposed 30-storey apartment building and the 7-storey mixed use building will provide additional housing choices in the City; • The developer is willing to enter into a Section 37 Agreement to secure the design of the project and streetscape improvements; • The proposal complies with the City’s design guidelines by providing a minimum 25 metre separation between the 12-storey hotel and the 30-storey apartment building. The project is in general conformity with other design guidelines; • The requested zoning by-law amendment is in conformity with the Official Plan; and • The existing infrastructure can support the proposed development B. January 14, 2020 7.4 Reports – PBD-2020-07 AM-2018-023, Zoning By-law Amendment Application 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley Avenue Modifications to Previously Approved Mixed Use Development Revised Proposal: 6-Storey Hotel (148 rooms), 7-Storey Mixed Use Building (65 dwelling units and 893 square metres of commercial floor space) & 30-Storey Apartment Building (285 dwelling units) STAFF EXECUTIVE SUMMARY: On April 30, 2019, Council approved a Zoning By-law Amendment application (AM-2018- 023) to rezone the lands known as 5510-5526, 5536 Ferry Street, 5916 Allendale Avenue and 5943 Stanley Avenue to a new site-specific Tourist Page 429 of 703 23 Commercial (TC) zone to allow the construction of 3 buildings. The three buildings included the following: • Building A – 7-storey mixed use building (50 dwelling units and 893 square metres of commercial floor space); • Building B – 12-storey hotel (150 rooms); and • Building C – 30-storey apartment building (300 dwelling units). The approved zoning amendment included regulations that added an apartment building to the list of permitted uses; allowed more than 50% of the total floor space in Building A to be used for dwelling units; allowed the proposed building heights, subject to the proposed setbacks; and allowed a reduction to the parking requirements for the apartment building. Although Council approved the zoning by-law amendment, the amending by-law was never passed. The applicant has revised the proposal to address changing market conditions. The revisions include the following: • Building A – An increase in the number of dwelling units from 50 to 65. The height of the mixed use building at 7 storeys and the gross floor area of commercial space (893 square metres) remains unchanged; • Building B – A reduction in the hotel’s building height from 12 storeys, with 150 rooms, to 6 storeys, with 148 rooms; • Building C – A reduction in the number of dwelling units from 300 to 285. The height of the apartment building at 30 storeys remains unchanged; and • Adjustments to a number of yards. Staff has reviewed the modifications and are satisfied that they are acceptable having regard to the City’s design guidelines. The Planning Act provides that where there is a change to a proposed by-law after holding a public meeting, Council must determine if the modifications are minor in nature and whether further notice is required. Therefore, Council is requested to determine that the proposed changes are minor and pass the resolution on tonight’s agenda. C. October 1, 2019 7.1 Planning Matters – Public Meeting PBD-2019-58 Am-2019-14, Zoning By-law Amendment Application 6170 Fallsview Boulevard Proposal: 12-Storey, 230 Room Hotel STAFF EXECUTIVE SUMMARY: Canadian Niagara Hotels Inc. has requested a Zoning By-law amendment to permit the development of 12-storey hotel on the land known as 6170 Fallsview Boulevard. The amendment is recommended for the following reasons: Page 430 of 703 24 • The proposal complies with Provincial policies that encourage the efficient use of land; • The subject lands are located in the Fallsview Subdistrict of the Central Tourist District which the City’s Official Plan intends to be the primary location for high-rise hotels; • The site-specific regulations requested by the applicant are appropriate and will facilitate the proposed development; • The design of the proposed hotel is consistent with the intent of the design guidelines for hotel development above four storeys adopted by Council. The development should be subject to a Section 37 agreement to secure streetscape improvements and the design of the project. D. October 22, 2019 7.2 Planning Matters – Public Meeting PBD-2019-64 AM-2019-012, Zoning By-law Amendment Application 6353 Carlton Avenue Proposal: 32 Unit Townhouse Development STAFF EXECUTIVE SUMMARY: Anthony Continelli has requested a zoning by-law amendment for the lands known as 6353 Carlton Avenue. The lands are requested to be rezoned from the Residential 1C Density (R1C) Zone to a site specific Residential Low Density, Grouped Multiple Dwelling (R4) Zone, to allow a 32-unit townhouse development. The site-specific regulations requested for the R4 zone include a reduction to the minimum front yard depth, rear yard depth, minimum interior side yard width, privacy yard depth, and an increase in maximum lot coverage. Planning staff recommends the application for the following reasons: • The development complies with Provincial policies with respect to achieving intensification within the Built-Up Area; • The development complies with the Regional Official Plan (ROP), with respect to promoting higher density development in Urban Areas and supporting growth that contributes to the overall goal of providing a sufficient supply of housing that is suited to the needs of a variety of households and income groups in Niagara; • The proposal will contribute to the City’s annual residential intensification target of 40% as outlined in the ROP; • The lands are designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households; • The Official Plan encourages the development of vacant land and under-utilized parcels in the Built-up Area; Page 431 of 703 25 • The requested zoning will provide appropriate regulations for the development and will ensure its compatibility with the established neighbourhood; and • The existing and planned infrastructure can support the proposed development. E. March 3, 2020 7.1 Planning Matters PBD-2020-13 AM-2019-023, Zoning By-law Amendment Application 6289 Fallsview Boulevard (Parcel 1) Lands at the South-West Corner of Fallsview Boulevard and Robinson Street (Parcel 2) 6046 Dunn Street (Parcel 3) Proposal: 16- and 14-Storey Hotel Towers on Parcel 1 With Off-Site Parking on Parcels 2 and 3 STAFF EXECUTIVE SUMMARY: 5009868 Ontario Limited, 2100422 Ontario Limited and 1992219 Ontario Limited have requested a Zoning By-law amendment to recognize the existing 6 storey hotel and permit the development of 16- and 14-storey hotel towers on the land known as 6289 Fallsview Boulevard and to locate a portion of the required parking for this development off-site. The amendment is recommended for the following reasons: • The proposal complies with Provincial policies in terms of development within the Gateway Economic Zone; • The subject lands are located in the Fallsview Subdistrict of the Central Tourist District which the City’s Official Plan intends to be the primary location for high- rise hotels; • Subject to the provision of landscape strips along Fallsview Boulevard and Robinson Street as recommended in this report, the site-specific regulations requested by the applicant are appropriate and will facilitate the proposed development; • The two co-joined hotels, while not in full compliance with the Design Guidelines, incorporate change of materials and articulation to break up the length of the buildings in order to be consistent with the intent of the design guidelines for hotel development above four storeys, as adopted by Council; and • Permitting a portion of the required parking off-site does not create any adverse traffic conditions. The development should be subject to a Section 37 agreement to secure streetscape improvements along the three frontages and the design of the project RECOMMENDATIONS: 1. That Council approve the Zoning By-law amendment application to rezone Parcel 1 a site-specific Tourist Commercial (TC) zone to recognize the existing 6- Page 432 of 703 26 storey hotel and permit 16- and 14-storey hotel towers, with a portion of the required parking provided off-site on Parcels 2 and 3, subject to the regulations outlined in this report; 2. That the passage of the amending zoning by-law be conditional on the execution of a Section 37 agreement to secure a contribution for streetscape improvements along the land’s frontage on Fallsview Boulevard, Murray Street and Stanley Avenue and the design of the project; and 3. That the Mayor and City Clerk be authorized to execute the Section 37 agreement and its registration on title when all matters are addressed to the satisfaction of the City Solicitor. F. April 2, 2020 7.5 Reports – PBD-2020-22 Revitalization Grant Application under the Historic Drummondville CIP – DRU- 2020-001 Formerly 5510-5526 and 5536 Ferry Street, 5916 Allendale Avenue, 5943 Stanley Ave, and a Vacant Parcel on Stanley Avenue STAFF EXECUTIVE SUMMARY: The Revitalization Grant submitted by La Pue International for lands located south of Ferry Street, between Allendale Avenue and Stanley Avenue can be supported because: • the redevelopment will bring a significant improvement to the long vacant gateway corner where Historic Drummondville and the Fallsview Tourist Area meet; • the redevelopment meets the intent of the Historic Drummondville CIP with the redevelopment of vacant lands with a mix of commercial and residential uses; • the redevelopment will result in an increase in assessment value and taxes on a property subsequent to redevelopment thus implementing the purpose of the CIP. G. April 2, 2020 7.6 Reports – PBD-2020-29 Exemption Request to 2-Year Waiting Period for Minor Variance File: AM-2018-023 By-law No. 2020-06 Property: 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley Avenue Proposal: 6-Storey Hotel (148 rooms), 7-Storey Mixed Use Building (65 dwelling units and 893 square metres of commercial floor space) & 30-Storey Apartment Building (285 dwelling units) STAFF EXECUTIVE SUMMARY: Page 433 of 703 27 • The Smart Growth for Our Communities Act, 2015 was passed in the Ontario legislature and received Royal Assent on December 3, 2015. The Act amended the Planning Act by establishing a 2-year waiting period between an applicant-initiated site-specific rezoning of a property and a minor variance application. • The intent of the new 2-year waiting period is to provide greater control to Council which will determine whether it is appropriate to alter recent zoning by- laws through the minor variance process. • The Planning Act provides Council with the ability to permit privately initiated applications to the Committee of Adjustment for minor variances by passing a resolution. A resolution can relate to site-specific applications, a class of applications, or applications generally. • If Council allows an application to the Committee of Adjustment, it would still be subject to all the normal Planning Act requirements for a public hearing, notice and appeal rights. Council’s decision to permit a privately-initiated application would simply mean that they are satisfied that the zoning regulations can be reviewed and varied by the Committee of Adjustment. • La Pue International Inc. is requesting Council to consider passing a resolution that would allow them to file an application to the City’s Committee of Adjustment for their project. The applicable zoning by-law was passed by Council on January 14, 2020. H. August 11, 2020 7.1 Planning Matters – Public Meeting PBD-2020-47 AM-2020-003, Zoning By-law Amendment Application 5841-5851 Victoria Avenue (Parcel 1) 5082 Magdalan Street (Parcel 2) Proposal: Two, 10-storey Additions to the Existing Hotel on Parcel 1 With Off-Site Parking on Parcel 2 STAFF EXECUTIVE SUMMARY: A Varalli & Family Ltd. has requested a Zoning By-law amendment to permit the construction of two, 10-storey wings to the existing 10-storey hotel on 5841-5851 Victoria Avenue (Parcel 1), and to permit a portion of the required parking for uses on Parcel 1 to be provided on 5082 Magdalen Street (Parcel 2). The amendment is recommended for the following reasons: • The proposal complies with Provincial policies regarding development within the Gateway Economic Zone; • The subject lands are located in the Clifton Hill Subdistrict of the Central Tourist District which the City’s Official Plan intends to be developed with tourist serving uses including mid- and high-rise hotels; Page 434 of 703 28 • The site-specific regulations requested by the applicant are appropriate subject to the securing the proposed landscaping on Parcel 1 and the landscape strips and fencing on Parcel 2 as recommended in this report; • The hotel and the proposed additions meet the general intent of the design guidelines for buildings over four storeys, and will provide an appropriately scaled mid rise hotel; and • Permitting a portion of the required parking off-site does not create any adverse traffic conditions. 4. Boarding Homes A. April 9, 2019 8.9 Reports – PBD-2019-21 Boarding House Interim Control By- law Study Update STAFF EXECUTIVE SUMMARY: In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. MHBC Planning was contracted to undertake a study of the issue. In November, 2018, the consultants and staff reported to Council on the study and recommended a preferred option – a Single Room Occupancy (SRO) Building be introduced as a new land use in the zoning by-law and be further regulated in the Licensing By-law. Council directed that additional public consultation be undertaken and to report back on the results of the consultation. Prior to these public consultation events, draft Official Plan policies and Zoning By-law and Licensing By-law Regulations were released for review. Comments received through public consultation will be reviewed and the draft documents revised accordingly. An on-line survey was conducted from March 4, 2019 through to March 22, 2019. A stakeholder meeting and a public open house were held on March 18, 2019. Invitations to both were sent to all of the BIA’s, Niagara Regional Police, and social service agencies (e.g., Project Share, YWCA, Niagara Falls Community Health Care). Notice of the public open house was published in the Niagara Falls Review. The majority of comments were in support of permitting SROs in motels and hotels and that they be regulated through zoning and licensing. There were also comments that related to certain detailed aspects of SRO’s – for example, provision of sanitary facilities and kitchenettes within the units; provision of amenity space within an SRO building. B. April 9, 2019 8.10 Reports – L-2019-07 Boarding House Enforcement Page 435 of 703 29 STAFF EXECUTIVE SUMMARY: The purpose of this Report is to respond to a resident’s recent complaint about Boarding Houses in the City, in particular the use of a single-family home in the complainant’s neighbourhood that is being used to rent rooms for up to 11 tenants. The complainant has requested that Staff consider a by-law through licensing and zoning to regulate such high-density home occupation in residential areas. Boarding Houses are currently prohibited in most residential areas under the City’s Zoning By-law No. 79-200 (the “Zoning By-law”). It is Legal Services’ opinion that addressing this complaint does not require a new by-law to impose regulations on Boarding Houses, but instead calls for potential enforcement of the zoning regulations currently in force. C. September 10, 2019 8.8 PBD-2019-55 Matters Arising from Council Discussion of the MHBC Boarding House Study and Affordable Housing STAFF RECOMMENDATION/BACKGROUND: That Council receive the report as direction to Staff. Council considered the MHBC Boarding House Study on June 25, 2019. Following the presentation by the Consultants, Council adopted a number of motions. It is the purpose of this report to address the directions of Council. 5. Other Matters A. March 27, 2018 9.1 Reports – BDD-2018-002 - Association of Municipalities of Ontario Request for Proposal to Host Annual General Meeting, Conference, and Trade Show STAFF RECOMMENDATION/EXECUTIVE SUMMARY: For the information of Council. The City of Niagara Falls has been invited to submit a proposal to host up to four of AMO’s upcoming Annual General Meeting, Conference and Trade Show events in 2021, 2022, and 2023, and 2024 or biennially 2021/2023 and 2022/2024. A resolution from Council is required to provide assurance to AMO that the City of Niagara Falls will be responsible for the specific activities and expenses. The resolution is to be included in the bid document which is due April 9, 2018. For each year that the City of Niagara Falls is selected to host the event a commitment of $130,000 - $150,000 per year would be required. Niagara Falls was host of the 2015 AMO conference in Niagara Falls from August 16- 19, 2015. Over 2,000 delegates attended the four-day convention. Page 436 of 703 30 B. November 13, 2018 6.1 Boarding House Study and PBD-2018-51 – Boarding House Interim Control By-law Study Dana Anderson, lead consultant with MHBC Planning, along with Kelly Martel will make a brief presentation to Council. STAFF RECOMMENDATION/EXECUTIVE SUMMARY: That Council endorse the preferred option to control and regulate boarding houses within the City and that planning and licensing documents are brought forward to a future meeting for Council’s consideration. In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. Later that year, MHBC Planning was contracted to undertake a study of the issue. The consultant has been working with a Technical Advisory Committee comprised of City and Regional staff, Niagara Regional Police and the Lundy’s Lane BIA over the past year and a half. MHBC will be making a presentation to Council on the recommended approach to controlling and regulating boarding houses within the City specifically as it relates to the use of existing motels and hotels. Staff and MHBC Planning are recommending the introduction of a new term “Single Room Occupancy (SRO) Building (and the corresponding “Single Room Occupancy Unit”) to describe a type of boarding house and other similar establishments and to permit SRO units and buildings as-of-right within the GC, TC and CB zones in the Zoning By-law. Under this option, motels would be allowed to have mixed use containing both motel units for the travelling public and SOR units for long term accommodation. These uses are to be controlled through the introduction of new regulations in the licensing by-law. Amendments to the Official Plan will also be required. Should Council endorse this approach, it is anticipated that the planning and licensing documents will be further refined and presented to Council for consideration in the first quarter of 2019. C. May 14, 2019 8.4 Reports/Presentations – CD-2019-06 Commercial Parking Lot – Conditional Approval Protocol STAFF RECOMMENDATIONS: 1. That Council approve Staff issuing conditional commercial parking lot licences for lots which have been paved prior to an application for a licence, and where the applicants are activity working towards meeting the intentions of the bylaw requirements. Page 437 of 703 31 2. That staff monitor the situation and report back to Council prior to the next licensing period, on any additional by-law amendments or changes to parking lot standards. 3. That the licensing fee for a Commercial Parking Lot be increased from $100 to $250 in 2020. D. June 25, 2019 Public Meeting PBD-2019-39 Final MHBC Boarding House Study Kelly Martel, from MHBC Planning Urban Design & Landscape Architecture, will be making a presentation to Council. STAFF RECOMMENDATION/EXECUTIVE SUMMARY: 1. That Council approve the final MHBC Boarding House Study. 2. That the Official Plan Amendment, Zoning By-law Amendments and Licencing By-law be adopted and passed, respectively, at the July Council meeting. In April of this year, Council received the public comments on the Boarding House Study undertaken by MHBC Planning and recommended that the Official Plan Amendment, Zoning By-law Amendment and Licencing By-law be refined and finalized. Tonight’s meeting is the mandatory Public Meeting under the Planning Act on these documents. The Study found that the use of motels in commercial areas of the City is meeting the housing needs of a segment of the population. The Study concluded that in order to ensure adequate and appropriate standards are in place certain revisions to the City’s Official Plan, Zoning Bylaw and Licencing By-law are necessary. The consultants are recommending the introduction of a new land use termed Single Room Occupancy Building. A Single Room Occupancy Building is defined as a motel or part of a motel which existed prior to June 1, 2019 that provides Single Room Occupancy units. A Single Room Occupancy Unit is defined as “an independent unit within a Single Room Occupancy Building containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant but does not constitute a dwelling unit.” Tonight MHBC Planning is presenting the refined Official Plan policies, Zoning By-law regulations and Licencing requirements. E. September 10, 2019 6.5 Waste Collection Tender/RFP timelines Charlie Burland, President of Niagara Clifton Group, will speak to Council regarding the "Commercial Waste Fee." Page 438 of 703 32 Letter and attachments from Charlie Burland stating that the “Commercial Waste Fee” charge is automatically added to business’ municipal taxes, whether they use that public service or not. Statement that it is the right time to deal with the issue, since the Region is currently overhauling its waste collection system. F. July 14, 2020 9.3 Correspondence from Victoria Centre BIA - Centre Street A resolution from the Victoria Centre BIA’s Board of Directors regarding Centre Street. STAFF RECOMMENDATION: For the Information of Council. Email from the Victoria Centre BIA that it passed a resolution recommending to City Council that Centre Street between Clifton Hill and Ellen remain closed until September 8, 2020. G. July 14, 2020 9.4 Correspondence from Daniel & Partners re: 5055 Centre Street Correspondence sent from Daniel & Partners LLP with respect to 5055 Centre Street. STAFF RECOMMENDATION: For the Information of Council. Letter from a business owner stating that the June 23, 2020 decision to close a portion of Centre Street to vehicular traffic between Victoria Avenue and Ellen Avenue was detrimental to the business, and asking Council to withdraw its approval that night, or at the latest upon the province’s commencement of Stage 3. H. July 14, 2020 11 By-Laws – 2020-73 Temporary Use 2020 Outdoor Patios – Sidewalk Cafes A by-law to amend By-law No. 79-200, as amended, to provide for the temporary use of lands for outdoor patios and/or sidewalk cafés as an accessary use within certain zones of the City of Niagara Falls. I. September 15, 2020 7.3 Reports – CD-2020-05 Victoria Centre BIA – Proposed Boundary Expansion Page 439 of 703 33 STAFF RECOMMENDATION/EXECUTIVE SUMMARY: That Council consider expanding the Victoria Centre Business Improvement Area boundaries as proposed and pass the subsequent by-law. The purpose of this report is to outline the process for expanding the boundary of the Victoria Centre Business Improvement Area as requested by the BIA. J. October 27, 2020 10.6 Letter from Niagara Falls Canada Hotel Association (NFCHA) Correspondence sent from Doug Birrell, Executive Director, Niagara Falls Canada Hotel Association. STAFF RECOMMENDATION: To Refer to Staff. Letter requesting City Council to make a special consideration and allow some type of “concession” on property tax obligations for the hotel industry for one year, in response to Covid-19. K. October 27, 2020 10.10 Fallsview BIA contribution agreement to the Scotiabank Convention Centre Request from the Fallsview BIA to receive Council’s approval to amend a 2007 agreement between it and the City from a $15 million commitment over 15 years, to a $14 million commitment over 15 years, removing the requirement to pay $1 million in 2020, resuming with the final $1 million payment in 2021. L. November 17, 2020 9.10 Letter from Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director, Niagara Falls Canada Hotel Association. STAFF RECOMMENDATION: For the Information of Council. Follow-up to October 16 letter regarding property taxes, withdrawing the previous request, but asking Council to provide whatever leniency it could to all constituents and businesses who may be incurring temporary financial hardships during the Covid-19 crisis, within its authority regarding property tax payments, and further asking the City to avoid any property tax increases that would affect any Niagara Falls constituents during this time. Page 440 of 703 34 Page 441 of 703 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls emcdermott@adr.ca September 1, 2021 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: Emily Spanton/Councillor Chris Dabrowski - Complaint IC-12931-0321 Dear Mr. Matson: I wish to advise you that I have now completed my investigation into this Complaint and have determined that no contravention of the Municipal Conflict of Interest Act (“MCIA”) was committed by the Councillor with respect to the matters raised in the Complaint. A copy of the detailed Report of myself and my delegated investigator in this matter (Mr. Ben Drory) has been provided to the Complainant and the Councillor for their information on September 1, 2021. The process which was followed to investigate this Complaint is recorded in detail in such Report which is attached hereto. In accordance with section 223.4.1 (16) of the Municipal Act, I further advise that I have determined that I will not be making an application to a judge under section 8 of the MCIA for a determination that the Councillor has contravened sections 5 or 5.2 of that Act. The reasons for not making such application are set forth in the attached Report and, in accordance with section 223.4.1 (17) of the Municipal Act, I am accordingly Page 442 of 703 2 requesting that this Report be placed on the public agenda for submission to Council. Would you be good enough to advise me when this has been completed. Finally, I would also advise that, in accordance with section 223.6 (2) of the Municipal Act, 2001 of Ontario, all matters disclosed in the Report are necessary for the Report itself. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner, City of Niagara Falls Page 443 of 703 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls E-mail: emcdermott@adr.ca BENJAMIN DRORY Investigator Office of the Integrity Commissioner September 1, 2021 SENT BY EMAIL TO: Ms. Emily Spanton at her personal email address AND TO: Councillor Chris Dabrowski at cdabrowski@niagarafalls.ca; cc: Bill Matson, Clerk billmatson@niagarafalls.ca Re: Investigation Report – IC-12931-0321 Dear Ms. Spanton and Mr. Dabrowski: This is a report respecting an application brought by Ms. Emily Spanton (the “Complainant”) against Councillor Chris Dabrowski under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 (the “MCIA”). Section 223.4.1 of the Municipal Act, 2001 (the “Municipal Act”) allows an elector or a person demonstrably acting in the public interest to apply to the Integrity Commissioner for an inquiry concerning a member of Council’s alleged contravention of section 5, 5.1, and/or 5.2 of the MCIA. Page 444 of 703 2 The Integrity Commissioner for the City of Niagara Falls (the “City”), Mr. Edward T. McDermott, accepted that the Complainant was demonstrably acting in the public interest, and on May 26, 2021, pursuant to section 223.3(3) of the Municipal Act, 2001, delegated his powers and duties to Mr. Benjamin Drory to investigate and prepare a report for this matter, subject to his review and approval. In accordance with ss. 223.4.1(15)-(17) of the Municipal Act, the Commissioner may, if he or she considers it appropriate upon completion of the inquiry, apply to a judge under s. 8 of the MCIA for a determination as to whether the member has contravened section 5, 5.1, and/or 5.2 of the MCIA. The Integrity Commissioner shall advise the applicant whether they will be doing so, and publish written reasons for the decision after deciding whether or not to apply to a judge. The Municipal Act does not direct a specific procedure that an Integrity Commissioner must follow in handling MCIA applications. A process that ensured fairness to both parties was followed. As part of the investigation, we reviewed: • The Complainant’s Complaint Form and Affidavit, dated March 3, 2021, and further information dated March 15, 2021; • Councillor Dabrowski’s formal response, dated March 24, 2021, and further information dated May 3, 2021; and • The Complainant’s reply, dated April 12, 2021. Mr. Drory also interviewed the Complainant and Councillor Dabrowski separately by telephone, researched relevant law, and reviewed the votes before Council that the Complainant identified. The Parties’ Positions Complaint The Complainant alleged that Councillor Dabrowski violated section 5 of the MCIA, which provides: When present at meeting where matter considered 5 (1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member, (a) shall, prior to any consideration of the matter at the meeting, disclose the Page 445 of 703 3 interest and the general nature thereof; (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. The Complainant stated that Councillor Dabrowski is the owner/President of a company called High Impact Public Relations (“High Impact”),1 which is described as a “full service public relations firm”,2 and lists among its clientele Doubletree Resort and Spa in Niagara Falls (the “City”).3 She asserted that Councillor Dabrowski is also the “Director for Marketing and events for the Four Points Sheraton Fallsview”.4 The Complainant alleged that, through both of these roles, Councillor Dabrowski has a pecuniary interest in (effectively) all matters regarding hotels or Airbnbs, and is compelled by the MCIA to disclose his interest and to take no part in discussions or votes respecting such matters. She asserted that Councillor Dabrowski has a financial interest in the hotel industry not in common with other citizens, in that he derives income from major hoteliers in the City. The Complainant wrote that another client listed on High Impact’s website is the Niagara District Airport (“NDA”), and in Councillor Dabrowski’s role for the NDA he also represented FLYGTA, for whom he is listed as the media contact5 – so since NDA is a client, he must declare a conflict on all issues regarding them also. The Complainant further stated that at the February 9, 2021 meeting of Council, Councillor Dabrowski seconded a motion, and made a “friendly” amendment to it.6 She said the motion would limit a small hotel’s ability to expand, and Councillor Dabrowski should not have participated in the discussion, as he 1 https://www.highimpactpr.ca/our-team/ 2 https://www.highimpactpr.ca/ 3 https://www.highimpactpr.ca/extra-view/clients/ 4 “Gilmour to Meet with Fans in Niagara Falls”, St. Catherines Standard, January 5, 2018 https://www.stcatharinesstandard.ca/news/niagara-region/2018/01/05/gilmour-to-meet-with-fans- in-niagara-falls.html 5 “FLYGTA Adds Three New Ontario Destination Flights Leaving Daily from Billy Bishop Airport” (press release, October 10, 2017) https://www.miladnowrouzi.com/press/?fbclid=lwAR1W0iXfN7F9kEfGcaXMBWO2Xvdnz4jFGpX5 yTfXsko4ZO8dF4mtZ6MH2bE 6 February 9, 2021 Council meeting – at 42:30 https://www.youtube.com/watch?v=m414iklED8U Page 446 of 703 4 represented other hotel interests in the City. The Complainant added that Councillor Dabrowski consistently fails to declare his conflicts respecting hotel issues. She noted that the 2021 Operating Budget, which included funds allocated to the NDA, was also approved at the February 9, 2021 meeting, but Councillor Dabrowski voted on the matter and did not declare a conflict for it. The Complainant alleged Councillor Dabrowski also failed to declare his conflict of interest on the following occasions: • January 29, 2019 – Item 6.2, Councillor Dabrowski participated in the selection of citizens to serve on the NDA Board. • February 11, 2020 – Item 6.3, Councillor Dabrowski seconded the motion to receive a presentation by the Executive Director of the Niagara Falls Canada Hotel Association (‘NFCHA’), requesting controls on vacation rental units, which are competitors to hotels. • May 12, 2020 – Item 10.10, Councillor Dabrowski moved to receive correspondence from the NFCHA. • June 23, 2020 – Item 10.5, Councillor Dabrowski voted to approve financial statements for the NDA. • August 11, 2020 – Item 10.8, Councillor Dabrowski voted to receive correspondence from the NFCHA. • October 27, 2020 – Item 10.6, Councillor Dabrowski voted to support a motion regarding a letter from the NFCHA requesting tax leniency. • November 17, 2020 – Item 9.10, motion regarding a letter from the NFCHA requesting tax leniency from the City. • November 17, 2020 – Councillor Dabrowski voted in favour of the City’s 2021 Capital Budget, which included an allotment of $118,070 for NDA. The Complainant asserted there were many other instances of Councillor Dabrowski’s failure to declare a conflict since being elected, and his audacity in flaunting the MCIA had to be addressed. She stated that a number of Councillor Dabrowski’s “clients” have business with the City, and it is reasonable to assume that he has a pecuniary interest in issues that affect them – whether through controlling their would-be competition (vacation rental units) through City by- laws, or approving tax dollars to directly support his client, the NDA. Response Councillor Dabrowski identified that he was first elected to City Council in Page 447 of 703 5 October 2018, and most of the issues raised by the Complainant occurred well prior to him being elected to office. He stated that he founded High Impact Public Relations in 2009, which specializes in media management and public relations. He acknowledged that the Niagara District Airport (‘NDA’) was a client of the firm, but only for four months in 2011, and no work has been performed for them since. He stated that NDA retained High Impact to organize and promote the grand opening of their new terminal, and he hasn’t been retained by them since. Councillor Dabrowski said High Impact was retained by FlyGTA, a private company, in 2016 and 2017 to promote their newly-offered chartered flight service in and out of various airports across Ontario. He said FlyGTA hasn’t retained High Impact further following the completion of the work in October 2017. Councillor Dabrowski stated that High Impact was retained by DoubleTree Hotel to execute a social media marketing strategy in 2013, and final work was completed that year, following which High Impact wasn’t retained again. Councillor Dabrowski acknowledged that he was employed by the Fallsview Group from 2017 to March 2020, but was terminated from employment in March 2020 (which fact was confirmed by the Fallsview Group) upon the onset of Covid- 19, which crippled the economy. He said his work with the Fallsview Group focused solely on promoting events at two of its properties – the Four Points Sheraton Hotel and the Embassy Suites Hotel. He said he has never voted on an issue relating to the Fallsview Group, or any of its properties, since being elected a City Council member in October 2018. He noted that on one occasion the Fallsview Group submitted a development proposal for Council’s consideration (March 3, 2020, PB-2020-13),7 for which he declared a conflict of interest before the presentation. Councillor Dabrowski said that the Tourism Industry regularly brings presentations and proposals forward to City Council, and he does not believe that his employment with a particular operator precluded him from voting on tourism issues, unless they involved or could directly benefit that operator – but that was never the case, except for the conflict declaration he voluntarily made respecting PB-2020-13 on March 3, 2020. Councillor Dabrowski said he has never owned any property in the Fallsview District, but noted he owns and operates multiple recurring events at the Scotiabank Convention Centre – including the Niagara Falls 7https://niagarafalls.civicweb.net/filepro/documents/23577?preview=24943&attachmenturl=%2Fdoc ument%2F24839 Page 448 of 703 6 Comic Con and Niagara Falls Sports Expo. He said his work has never resulted in him being in a conflict of interest with the City, in his position as a City Councillor. Reply The Complainant frankly acknowledged in her Reply that any issues prior to Councillor Dabrowski’s election as a City Councillor were not germane. However, she asked for Councillor Dabrowski to provide documentation proving his termination. She said she was aware of friends and neighbours working in the same industry whose employment didn’t “end” with the onset of the pandemic, even if they had not been recalled as of yet. The Complainant referenced the February 11, 2020 presentation of Doug Birrell, Executive Director of the NFCHA, requesting controls on vacation rentals (“VRUs”) (Item 6.3).8 She stated that VRUs directly compete with hotels, and the presentation was heavily slanted against them and sensationalized the ‘danger’ they represented to the community – which she stated was a clear attempt by the hotel industry to influence City Council, imploring them to “save our neighbourhoods”. The Complainant stated that Councillor Dabrowski seconded the motion for this item, while working for Fallsview Group at the time – which held the potential to directly benefit the company that employed him, in which he ostensibly held a title of “Director”. She said it was easily imagined that Councillor Dabrowski would be rewarded for his advocacy work for his employer, or that his employment could be in jeopardy if he didn’t advocate strongly enough on such issues. Relevant case law In Ferri v. Ontario (Attorney General),9 the Ontario Court of Appeal identified that “pecuniary interest” isn’t a defined term in the MCIA, but that case law has established that it is restricted to a financial, monetary, or economic interest, and that “what constitutes a pecuniary interest sufficient to trigger the provisions of the MCIA is not to be narrowly confined”.10 It also observed that ““pecuniary interest” must not be construed so broadly that it captures almost any financial or economic interest such that it risks needlessly disqualifying municipal councillors … from participating in local matters of importance to their constituents”. It added that the MCIA ameliorates such potentially harsh effects through s. 4(k), “by ensuring that 8https://niagarafalls.civicweb.net/filepro/documents/23577?preview=24436&attachmenturl=%2Fdoc ument%2F24471 9 Ferri v. Ontario (Attorney General), 2015 ONCA 683 10 Ibid, para. [9]-[10] Page 449 of 703 7 pecuniary interests that are truly remote or insignificant are not caught under s. 5”.11 In the 2020 case Yorke et al. v. Harris,12 Justice Braid of the Ontario Superior Court of Justice stated that “possible future outcomes do not qualify as pecuniary interests under the Act. There must be a real issue of actual conflict, or at least, a reasonable assumption that conflict will occur. The pecuniary interest must be definable and real rather than hypothetical.”13 She summarized four other cases, and noted from Lorello v. Meffe14 that “to constitute a pecuniary interest, there must be something more than infrequent past dealings or the possibility of future business. … The court must examine whether it is probable that the matter before council will affect the financial or monetary interests of the member.” [emphasis added]. She cited Gammie v. Turner,15 which involved a vote on grant money for a Business Improvement Area, and wrote “the court remarked that the possibility that the respondent would benefit from the grant as a member of a local business was too speculative and hypothetical.” Justice Braid concluded that any pecuniary interest by the councillor was contingent on other things occurring, and was too speculative and/or hypothetical to constitute a pecuniary interest under the Act.16 The councillor had been a long-time proponent of the issue subject to the vote, and his support of the resolution appeared to be nothing more than an extension of his political views – which didn’t implicate his pecuniary interests in any tangible or real way.17 In Durham Flight Centre Inc. v. Marimpietri,18 a corporation alleged that a councillor contravened s. 5 of the MCIA by failing to withdraw from the decision-making and voting respecting a staff report on land use options for part of the local airport. Oshawa’s Integrity Commissioner identified that the Applicant was essentially arguing for a series of indirect and potential future effects,19 but that the staff report didn’t directly, definitely, or imminently cause any of the alleged results.20 He noted that the case law is clear that a pecuniary interest must be real and present, not speculative or remote, and that words the courts have used to characterize a pecuniary interest have included “actual”, “definable”, and “real”. 11 Ibid 12 Yorke et al. v. Harris, 2020 ONSC 7361, released December 9, 2020 13 ibid, para. [47] 14 Note 3, supra 15 Gammie v. Turner, 2013 ONSC 4563, 11 M.P.L.R. (5th) 177 16 Yorke et al., supra, para. [51]-[52] 17 Ibid, para. [73] 18 Durham Flight Centre Inc. v. Marimpietri, 2019 ONMIC 18 19 Ibid, para. [34] 20 Ibid, para. [36] Page 450 of 703 8 He noted that a pecuniary interest does not arise from speculation based on hypothetical circumstances,21 and added that the Applicant itself conceded the property value effects it was concerned about weren’t necessarily imminent, but rather focused on a “longer time-frame”.22 The Integrity Commissioner concluded that the councillor did not have a pecuniary interest in the staff report. Analysis The law is clear that a “pecuniary interest” in the MCIA only relates to a Councillor’s direct financial or economic interest (or an indirect or imputed pecuniary interest if the provisions of sections 2 or 3 of the MCIA apply – e.g., being an employee of a person or body which has a pecuniary interest in the matter before Council). However, in any such event the impact of the financial or economic interest must be direct and immediate, not hypothetical or requiring a series of other events to happen. The pecuniary interest rules are generally much narrower than the rules in a Code of Conduct for Members of Council, but the penalties for violating them can also be much more severe than a Code of Conduct matter. Under s. 9 of the MCIA, upon a finding of a breach of s. 5, a judge may declare a councillor’s seat vacant, or disqualify them from becoming a councillor again for a period of up to seven years, as well as ordering restitution. The requirements for establishing a breach of the MCIA are high, and appropriately so. To establish a breach of the MCIA, the evidence must show, without conjecture or requiring a series of speculative events, that Councillor Dabrowski (or businesses he owned or was deemed to have an indirect pecuniary interest in under s. 2 of the MCIA) stood to financially benefit (in the manner described above) from any matters or votes before Council that he participated in. Interviews with Parties An interview was held with the Complainant. She said that she had never personally interacted with Councillor Dabrowski before, other than that she once made a statement in Council chambers at which he was present. The Complainant said she became interested in the issue because vacation rentals (i.e., short-term rentals) have been a hot topic throughout the Niagara Region, so she has been following the topic as it goes through each municipality. She stated that she has no pecuniary interest in the issue herself, but she is interested in the poverty aspect – for example, she is on the Selection Committee for the Niagara 21 Ibid, para. [38]-[39] 22 Ibid, para. [40] Page 451 of 703 9 Prosperity Initiative, which decides who receives grants for various poverty initiatives. She said the short-term rental issue has a major poverty impact because, for example, people get priced out of homes, and the unhoused population often stays in hotels (at the Region’s expense) when there aren’t other options. She said she personally believes there shouldn’t be any rentals that only function as Airbnb’s, because they take away from the long-term rental market – so her issue with Councillor Dabrowski wasn’t his opinion, but just that he didn’t declare his interests in the matter. She said she understood a “pecuniary interest” under the MCIA to be a financial interest, as opposed to a fiduciary duty of care. The Complainant did not know if Councillor Dabrowski was employed with any properties or organizations that would directly benefit from any of the matters before Council. She acknowledged that it was uncertain whether Councillor Dabrowski would financially benefit from his votes, but as a layperson doing very basic research, she saw a conflict and it was worth bringing forward – and she said Councillor Dabrowski was still continuing to vote on short-term rental issues presently, in spite of her complaint. She felt that even if Councillor Dabrowski doesn’t own hotels, he clearly does PR for them, and had more of an interest than the average layperson. An interview was held with Councillor Dabrowski. He stated that he had never met or heard of the Complainant before her complaint was filed. He stated that he has done less and less work with High Impact over the last 4-5 years; very occasionally, potential clients will approach him for social media and marketing work, but his main focus business-wise is on consumer shows that he runs – Niagara Falls Comic Con, Hamilton Comic Con, and Frightmare in the Falls. He said he and a business partner rent out facilities like the War Plane Museum in Hamilton or the Scotia Convention Centre in Niagara Falls, and sell tickets to customers. He also noted he has run other consumer shows in the past, such as the Sports Expo in 2014/15, and a beer festival. Councillor Dabrowski confirmed that High Impact still operates, but it’s very limited, and he had difficulty thinking of the last client he worked with. He stated that when he started the Niagara Falls Comic Con in 2012/13, he began veering away from his High Impact career. He indicated that the other individuals listed on High Impact’s website are sub-contractors (e.g., a photographer and a graphic designer), and none are employees. Councillor Dabrowski said he hasn’t updated his LinkedIn profile in a while, and suspected the Complainant just pulled information from there, because it promoted older items. Councillor Dabrowski acknowledged that he ran a grand opening for the Niagara Page 452 of 703 10 District Airport (“NDA”) years earlier – they retained him for social media and public relations help. He confirmed that FlyGTA is a separate entity from the NDA, and they were a one-off client for two to three months – he helped promote their new air service between Niagara Falls and Toronto, but the relationship ended shortly afterward. Councillor Dabrowski provided a letter dated June 8, 2021 from the Human Resources Manager at the Fallsview Group, which confirmed that Councillor Dabrowski was employed as the Director of Events for Fallsview Group from March 2018 until March 2020. Councillor Dabrowski stated that Fallsview Group compensated him entirely by an annual salary, with no contingencies. He described that he ran about 30 events at the Embassy Suites and Four Points hotels over three years, which included marketing and selling tickets for them. He said some of the events were sports-themed events featuring personalities like Guy Lafleur, Doug Gilmour, and Wendel Clark, and chef events featuring Michael Smith, Chuck Hughes, and Matty Matheson. Councillor Dabrowski stated that vacation rental units (“VRUs”) have been a long- standing challenge in the City – it is a tourist town, and many people from Toronto are buying properties in the City. He said the VRU issue has been escalated to the province’s Local Planning Appeal Tribunal (“LPAT”),23 which will decide where they can go in the City – so Council won’t ultimately make the decision, the LPAT will. He believes the matter in question before Council had nothing to do with the hotel industry, and thought its motions made sense – for example, that a separate contract be reached with each VRU provider, and that there be inspections. But he reiterated that the LPAT will be the body making the decision on VRUs themselves, not City Council. Councillor Dabrowski does not believe the situation presented in this complaint constituted a conflict. He said he declared a conflict the one time he should have done so – i.e., when the Fallsview Group made a presentation (March 3, 2020). He said he has been up front and has not tried to hide anything Findings A pecuniary interest under s. 5 of the MCIA is fundamentally a financial or economic interest, and can’t be merely speculative or hypothetical – it needs to be reasonably direct and obvious. The Complainant’s assertions do not meet that test. 23 As a technical note, the Local Planning and Appeal Tribunal was recently amalgamated and continued into the Ontario Land Tribunal, effective June 1, 2021. https://olt.gov.on.ca/tribunals/lpat/about-lpat/ Page 453 of 703 11 They seem fundamentally based on a philosophy that as a former employee in the hotel industry (or as a service provider to hotels and companies in other industries), Councillor Dabrowski had an “interest greater than the average citizen”, and thus he should not have participated in discussions about the matters before Council. Such an assertion is, in our view, inconsistent with the scheme of the MCIA. Councillor Dabrowski does not own hotels. As such, the only direct financial benefit he could obtain through matters before Council involving hotels would be if a vote (or other action by Council) could directly benefit him or the Fallsview Group while he was employed by it, or if a such vote or action could directly benefit his other clients and he (or his company) could also financially benefit from it in the manner described above – for example, from any contingencies in his contracts. There was only one of the matters before Council that either party identified that had any of these characteristics – PBD-2020-13 from March 3, 2020, which was an application for a zoning amendment on Fallsview Boulevard related to a development proposal by the Fallsview Group, who employed him at the time – Councillor Dabrowski declared a conflict of interest respecting that matter, and did not participate. The substance of the relevant matters before Council have been summarized in the Appendix to this Report – which notes dates, agenda numbers, short descriptions, and recommendations from City Staff. The matters were typically much broader in nature – often relating to the hotel industry as a whole, or the VRU industry as a whole – and none would directly enrich Councillor Dabrowski or his company financially. Context is also important. The City is a world-renowned tourist destination, with an extremely significant hotel presence. Land use matters pertaining generally to hotels and lodging are exactly the types of matters that one should expect City councillors to consider – i.e., matters of public importance requiring analysis and decision-making by the individuals the City’s residents elected to office for that purpose. Decisions about the local airport’s operating budget would also fit within that realm. That said, the Complainant conceded that Councillor Dabrowski’s relationships with organizations he provided services to through High Impact, several years before becoming a councillor, weren’t germane to this matter. Decision and Publication It has accordingly been determined that Councillor Dabrowski did not breach ss. 5, 5.1, or 5.2 of the MCIA, and accordingly there is no basis to apply to a judge under Page 454 of 703 12 s. 8 of the MCIA respecting the matter. This decision will be published by providing it to the City to include on the public agenda at the Integrity Commissioner’s direction. Dated at Toronto, this 1st day of September, 2021. Respectfully submitted by, _______________________ ______________________ Edward T. McDermott Benjamin Drory Integrity Commissioner Investigator City of Niagara Falls Office of the Integrity Commissioner Cc: Bill Matson, City Clerk Page 455 of 703 13 APPENDIX A. January 29, 2019 6.2 Appointments to Various Boards, Committees and Commissions Council Members were provided with ballots to select citizen appointments to various committees for the term. B. February 11, 2020 6.3 Niagara Falls Canada Hotel Association Doug Birrell presented a summary of the financial implications of unregulated VRUs, for Council’s information. The 16-page presentation24 was entitled “The Crisis Next Door”. It included allegations that residents had complained about the loss of quiet enjoyment of their homes; safety/harassment issues; and statements that VRUs are stealing inventory from the housing market, and aren’t adding employment or paying commercial taxes to the City. Took the position that VRUs should be adequately monitored and controlled. Requested additions to the By-Law that the City should have a separate contract with each VRU providers; that VRUs be subject to inspection by City fire, health, and building officials; and that legally conforming units be properly licensed by the City, only in commercial tourist zones, and be required to charge and remit the $2.00/night MAT tax to the City. C. March 3, 2020 7.1 PBD-2020-13 AM-2019-023, Zoning By-law Amendment Application 6289 Fallsview Boulevard (Parcel 1) Lands at the South-West Corner of Fallsview Boulevard and Robinson Street (Parcel 2) 6046 Dunn Street (Parcel 3) Proposal: 16 and 14 Storey Hotel Towers on Parcel 1 With Off-Site Parking on Parcels 2 and 3 This is the item that Councillor Dabrowski stated he declared a conflict of interest in, and didn’t participate. EXECUTIVE SUMMARY/STAFF RECOMMENDATION: 5009868 Ontario Limited, 2100422 Ontario Limited and 1992219 Ontario Limited have requested a Zoning By-law amendment to recognize the existing 6 storey 24https://niagarafalls.civicweb.net/filepro/documents/23577?preview=24436&attachmenturl=%2Fdoc ument%2F24471 Page 456 of 703 14 hotel and permit the development of 16 and 14 storey hotel towers on the land known as 6289 Fallsview Boulevard and to locate a portion of the required parking for this development off-site. The amendment is recommended for the following reasons: - The proposal complies with Provincial policies in terms of development within the Gateway Economic Zone; - The subject lands are located in the Fallsview Subdistrict of the Central Tourist District which the City’s Official Plan intends to be the primary location for high- rise hotels; - Subject to the provision of landscape strips along Fallsview Boulevard and Robinson Street as recommended in this report, the site-specific regulations requested by the applicant are appropriate and will facilitate the proposed development; - The two co-joined hotels, while not in full compliance with the Design Guidelines, incorporate change of materials and articulation to break up the length of the buildings in order to be consistent with the intent of the design guidelines for hotel development above four storeys, as adopted by Council; and - Permitting a portion of the required parking off-site does not create any adverse traffic conditions. The development should be subject to a Section 37 agreement to secure streetscape improvements along the three frontages and the design of the project. D. May 12, 2020: 10.10 Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director of NFCHA, responding to social media comments – for information. Rebuttal against allegations that hotels were hosting crowds, congregations, or “busses of people” during Covid-19. E. June 23, 2020 10.5 Niagara District Airport STAFF RECOMMENDATION: That Council approve the 2019 Financial Statements of the Niagara District Airport. F. August 11, 2020 10.8 Niagara Falls Canada Hotel Association (NFCHA) Letter of appreciation to Mayor and Council from Doug Birrell, Executive Director of the Niagara Falls Canada Hotel Association – for information. Page 457 of 703 15 Commendation of Mayor for handling of the adverse social media communications G. October 27, 2020 10.6 Letter from Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director, Niagara Falls Canada Hotel Association. STAFF RECOMMENDATION: To Refer to Staff. Letter asking City Council to make special consideration and allow some type of “concession” on property tax obligations for the hotel industry for one year, in response to Covid-19. H. November 17, 2020 9.10 Letter from Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director, Niagara Falls Canada Hotel Association – for information. Follow-up to previous letter regarding property taxes, withdrawing the request, but asking Council to provide whatever leniency it could to all constituents and business who may be incurring temporary financial hardships during Covid-19, within its property taxing authority, and further asking the City to avoid any property tax increases that would affect Niagara Falls constituents during this time. I. November 17, 2020 6.1 2021 Capital Budget Presentation Tiffany Clark, Director of Finance and James Dowling, Manager of Capital Accounting, presented the 2021 Capital Budget. J. February 9, 2021 7.1 PBD-2021-05 AM-2019-022, Official Plan and Zoning By- law Amendment Application 5359 River Road (Grandview Inn), 5287, 5401, 5411 and 5427 River Road and 4465 Eastwood Crescent (Proposed Satellite Accommodation) The applicant requested a postponement to further consider the findings of the staff report, intending to ensure an amended proposal was better aligned with OPA 127 (respecting B&Bs and VRUs). Page 458 of 703 16 Councillor Dabrowski seconded a motion to defer the matter to April 20, 2021, and made a “friendly amendment” that other unlicensed properties should cease and desist operations. K. February 9, 2021 8.1 Presentation – 2021 Operating Budget Tiffany Clark, Director of Finance, presented the 2021 Operating Budget to Council. Page 459 of 703 Dear Mr.Diodati Aug 30,2021 As a local optometrist,I am writing to request that the City of Niagara Falls Council call on the Ontario Government to address the chronic underfunding of eye care. For more than 30 years,previous Ontario governments have ignored our requests for a sustainable funding system. Did you know in 1989 the Ontario government paid $39.15 for OH|P—insured eye exams? Did you know that today,32 years later,the government only contributes an average of $44.65 per exam?That's a 14%increase over three decades!With over four million services performed annually under OHIP,this level of funding is not sustainable. If the government doesn't act before September 1st,2021,millions of Ontarians are at risk of losing their access to eye care.l'm concerned about what this willmean for my patients and my community.We know the ones who will be impacted most are children,seniors and adults with diabetes or certain eye diseases.Due to this lack of funding,optometrists are also limited in their ability to invest in their practices and access to eye care in rural areas is especially threatened.This is not acceptable. As the most populated province in the country,compared to other provinces with publicly funded optometry services,Ontario is by far the lowest funded.For example,the funding for seniors’eye exams would have to increase more than 60%to reach the next lowest—funded province,Manitoba,and by more than 125%to reach the next lowest-funded,Quebec. Although it is the province that needs to fix the issue,the underfunding of eye care affects municipalities too. Optometrists are located in over 200 communities,making us the most accessible primary eye care professionals in the healthcare system.In many of these locations,we are the only providers of comprehensive general eye care.This is why municipalities must stand up for their residents and help protect access to OHIP optometry services. So far,five municipalities (Town of Oakville,Town of Fort Frances,Town of Rainy River, City of Cambridge,Municipality of North Perth)have passed motions in support of OHIP optometry services.l'm requesting that my municipal council stand up for eye care by asking the provincial government to commit to reforms so that optometrists are compensated fairly compared to their colleagues all across Canada.Please pass such a motion as soon as possible so that residents can continue to access the quality eye care that they deserve. patients and l hope that we can count on your support.Sincerely,Janine Robichaud MSC ODPage 460 of 703 The City of Niagara Falls, Ontario Resolution September 14, 2021 No. 8 Moved by: Seconded by: WHEREAS routine eye care is critical in early detection of eye diseases like glaucoma, cataracts, and macular degeneration, and the health of eyes is critical to overall health and quality of life; WHEREAS Conditions that may be detected with an annual eye exam include Diabetes mellitus, Glaucoma, Cataract, Retinal disease, Amblyopia (lazy eye), Visual field defects (loss of part of the usual field of vision), Corneal disease, Strabismus (crossed eyes) Recurrent uveitis (an inflammation of the uvea, the middle layer of the eye that consists of the iris, ciliary body and choroid), Optic pathway disease; WHEREAS payments from OHIP have only increased 9% over the last 30 years, which has not come close to matching inflation of costs (which include rent, staff, utilities, equipment, taxes and supplies); WHEREAS the lack of funding makes it difficult to invest in modern technology, and newer technology means earlier detection of eye disease; WHEREAS the Provincial government refusal to formally negotiate with Optometrists for more than 30 years has forced the Optometrists to absorb approximately 173 million dollars annually in the cost to deliver eye care to Ontarians; WHEREAS the 2021 Ontario Budget did not address OHIP-insured eye care, Ontario Optometrists took action and voted to withdraw OHIP services starting September 1, 2021, unless the government agrees to legally-binding negotiations to fund these services at least to the cost of delivery; WHEREAS this job action will jeopardize good eyecare for those who need the care of an optometrist the most and will have the greatest impact on the most vulnerable groups. Children—who’s lifetime ability to learn and develop depends on good vision—to the elderly, who are at the greatest risk for vision-threatening ocular diseases. Page 461 of 703 THEREFORE BE IT RESOLVED that the City of Niagara Falls requests that the Provincial government recognize the value that access to quality eye care brings to all Ontarians and act now to protect it; AND FURTHER that the Provincial government address the OHIP-insured eye care immediately and enter into legally-binding negotiations with Ontario Optometrists to fund these services at least to the cost of delivery, prior to any job action taking place; AND THAT a copy of this resolution be forwarded to Premier Ford, Ontario Minister of Health Christine Elliot, MP, Tony Baldinelli, MPP, Wayne Gates, the Ontario Association of Optometrists, and to the municipalities of the Niagara Region to seek their support and be made publicly available. AND The Seal of the Corporation be hereto affixed. __________________ _________________ WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 462 of 703 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca September 1, 2021 CL 15-2021, August 26, 2021 PEDC 8-2021, August 11, 2021 PDS 32-2021, August 11, 2021 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Update on Niagara Official Plan – Further Draft Policy Development PDS 32-2021 Regional Council, at its meeting held on August 26, 2021, passed the following recommendation of its Planning & Economic Development Committee: That Report PDS 32-2021, dated August 11, 2021, respecting Update on Niagara Official Plan – Further Draft Policy Development, BE RECEIVED and BE CIRCULATED to the local area municipalities. A copy of PDS 32-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :cv CLK-C 2021-132 Distribution List : M. Sergi, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services D. Heyworth, Official Plan Policy Consultant, Planning and Development Page 463 of 703 PDS 32-2021 August 11, 2021 Page 1 Subject: Update on Niagara Official Plan-Further Draft Policy Development Report to: Planning and Economic Development Committee Report date: Wednesday, August 11, 2021 Recommendations 1. That Report PDS 32-2021 BE RECEIVED for information; and 2. That a copy of Report PDS 32-2021 BE CIRCULATED to the Local Area Municipalities. Key Facts • This report provides an update on consultation and ongoing policy work for the Niagara Official Plan (NOP) since Committee’s consideration of the Joint Consolidated May Report- (PDS 17-2021). • This report follows a similar structure to the Joint Consolidated May Report (PDS 17- 2021) with Executive Overviews prepared for the new draft policy sections. The draft sections include Source Water Protection, Excess Soils, Petroleum and Mineral Resources, and Performance Indicators and Monitoring will be provided for consultation up until October 1, 2021. • Updates on policy development such as the Introduction Chapter, Natural Environment System, Watershed Planning, Climate Change, Niagara Escarpment Plan Area, Open Space, Economic Prosperity, Cultural Heritage and Implementation are provided. • A separate report at the August 2021 PEDC meeting, Report PDS 33-2021, provides a revised Land Needs Assessment based on feedback received and work undertaken since May 2021. • Draft Natural Environment System policies, and Region-wide mapping will be available for review and comment in Fall 2021. Page 464 of 703 PDS 32-2021 August 11, 2021 Page 2 ______________________________________________________________________ Financial Considerations Council approved the resources to complete the new Niagara Official Plan (NOP) over a 5 year period as part of the 2017 Budget Process, predominantly funded through Development Charges. Analysis In the Joint Consolidated May Report (PDS 17-2021), detailed information was provided on the purpose of an Official Plan, the importance of a new Official Plan and the Pillar Statements and Directives. Also included for further consultation were draft policies pertaining to growth management and supporting draft policies on Infrastructure, Transportation, District and Secondary Planning and Urban Design for the Niagara Official Plan. This report has three parts: 1. An update on consultation since the release of the May PDS 17-2021 report; 2. Draft policy sections completed since Report PDS 17-2021 including; Source Water Protection; Excess Soils; Petroleum and Mineral Resources; and Performance Indicators and Monitoring; and 3. Updates on ongoing policy development for other Chapters/Sections of the NOP such as the Introduction Chapter, Natural Environment System, Watershed Planning, Climate Change, Open Space, Economic Prosperity, Cultural Heritage and Implementation. 4. Update on Consultation Prior to the release of the Joint Consolidated May Report PDS 17 2021 As detailed in Appendix 1 of the Joint Consolidated May Report (PDS 17-2021), hundreds of consultation events have occurred since 2017. Work for the NOP has been informed by consultation from the public, stakeholder groups, local Councils, agencies, Indigenous communities, local municipal planners, local planning workshops, and meetings with the Planning Advisory Committee. The Region’s Planning and Economic Development Committee has been informed by more than 35 Administrative Reports between 2018 and 2021 on the NOP. These Page 465 of 703 PDS 32-2021 August 11, 2021 Page 3 ______________________________________________________________________ reports and presentations provided updates on the work program, individual sections of the Plan, and consultation. After the release of the Joint Consolidated May Report PDS 17 2021 At the time of writing this report, consultations on the Niagara Official Plan have been ongoing with the Province, Conservation Authority, several Indigenous Groups (local and treaty rights groups), and the Planning Advisory Committee. In addition, planning staff are in the process of setting up consultation sessions with younger adult groups. Local municipal planning staff have been and will continue to be engaged on growth management, expansions, technical boundary adjustments, site-specific policy areas and other matters that necessitate detailed discussion. Updates and information continue to be made available through newsletters and the official plan website. This Report themes key comments/questions received from Public Information Centres and comments received on the content of the Joint Consolidated May Report (PDS 17- 2021). A detailed consultation report, including all comments received on the May PDS 17-2021 report and staff responses to the comments, will be provided at the September 15, 2021 PEDC Meeting. Received submissions and a summary of comments will be available on the Region’s website on or before August 11, 2021. This will allow members of Council or the public to review comments submitted prior to the PEDC’s consideration of the more detailed Consultation Report in September 2021. The exception to the above are comments received relating to the land needs assessment, expansion and urban boundary requests, made between May and July 2021. Those are detailed in Report PDS 33-2021 and will be available in early August, or sooner. June 2021 Public Information Centres Throughout the month of June, five virtual Public Information Centres were held, with each session focusing on policy topics from a different Chapter of the Niagara Official Plan, being; Growing Region, Sustainable Region, Competitive Region, Connected Page 466 of 703 PDS 32-2021 August 11, 2021 Page 4 ______________________________________________________________________ Region and Vibrant Region. Draft policy and background information was shared to inform the public and gather feedback. Across the five sessions, there were 238 attendees, and 204 questions and comments submitted. The majority of questions were answered live by staff during the webinar, however, comments and questions left unanswered due to lack of time or available information, will be posted to the Niagara Official Plan website by approximately August 11, 2021. Additionally, recordings of the PICs will also be placed on the Niagara Official Plan website: https://www.niagararegion.ca/official-plan/public-information-centres.aspx A brief summary of the key themes or questions received include the following: Chapter/Session Consistent/Key Comment or Question Chapter 2: Growing Region - Requests for clarity and more information regarding the process, timelines and proposed locations of settlement area boundary expansions. - Lack of affordable housing options in Niagara. - The implications of potential boundary expansions on the natural environment and agricultural lands. Chapter 6: Vibrant Region - Support for low impact development strategies for future developments (urban design). - Coordination with local area municipalities on mapping and implementation of the new Archaeological Management Plan. Chapter 4: Competitive Region - Support for protection of existing Specialty Crop Areas and enhanced designation of Prime Agricultural Areas. - Consideration of allowances for Greenhouses and other Agricultural structures to be built on top of Specialty Crop Area. - Comments on Employment Area categorizations. - Approach to recognizing Special Policy Areas in agricultural areas. Chapter 5: Connected Region - Concern with accessibility and trip lengths of Regional Transit services. Page 467 of 703 PDS 32-2021 August 11, 2021 Page 5 ______________________________________________________________________ - Concerns with stormwater pollution and quantity, and support for reduction strategies through green infrastructure. - Concerns over lateral connections to services outside the settlement area boundary within Specialty Crop areas. Chapter 6: Sustainable Region - Information regarding species, planting areas, and public involvement in the Regional Greening Initiative. - Clarification on timelines for draft policy and mapping for the Natural Environment System. - Support for climate change mitigation and integration of climate change policy into various areas of the Plan. Received Submissions Staff have received numerous written submissions from agencies, stakeholders and the public since Joint Consolidated May Report PDS 17-2021 was brought forward to PEDC. At the time of writing this report, 73 submissions were received between May and mid-July 2021. The key comments/questions raised are summarized in the chart below: Themes Emerging From Feedback On Joint Consolidated May Report PDS 17-2021 Chapter Consistent/Key Comment or Question Chapter 2: Growing Region 2.1- Growth Allocations and Land Needs • Some municipalities suggested higher populations may be more appropriate for them and there were private sector submissions suggesting different distributions. 2.2- Regional Structure • Requests for clarification on concepts and policies. 2.3- Housing Page 468 of 703 PDS 32-2021 August 11, 2021 Page 6 ______________________________________________________________________ • Concerns for appropriate housing mix, separation between dwellings, and secondary dwelling units. SABR • Various requests for urban boundary expansions/adjustments in Niagara, including Niagara Falls, West Lincoln, Pelham, Fort Erie, Thorold, Welland, and St. Catharines. Chapter 3: Sustainable Region 3.1- Natural Environment System • Questions about balance of protecting natural environment with urban boundary expansions. • Emphasis on protection of natural spaces, including trails and parks. 3.5- Climate Change • The importance of making climate change prominent throughout the plan to address transit, watershed planning, natural heritage system and agriculture. • The need to protect mature trees in addition to planting new trees across the region. Chapter 4: Competitive Region 4.1- Agriculture • Requests to expand agricultural areas, as well as requests for removal of land in the Greenbelt Plan area. • Comments on recognizing agricultural infrastructure in the NOP. 4.2- Employment Areas • Specific requests to remove employment areas and letters of support for employment conversions. Page 469 of 703 PDS 32-2021 August 11, 2021 Page 7 ______________________________________________________________________ 4.3- Aggregates • Questions with respect to technical studies required for new aggregate operations, haul routes, and rehabilitation requirements. • Concern over local and regional amendments for new operations and concern over haul route and rehabilitation policies Chapter 5: Connected Region 5.1- Transportation • Concern with heavy truck traffic along the Niagara Escarpment crossing to QEW. • Support for lands designated as Major Transit Station Areas and growth surrounding those areas. • Requests for clarity local-regional jurisdictional matters 5.2- Infrastructure • Specific request with respect to servicing outside the urban area. • Requests for clarity local-regional jurisdictional matters Chapter 6: Vibrant Region 6.1- District and Secondary Planning • Comments on requirements to add secondary plan policies into local official plans. • Concern over expanded scope and study for Secondary Plans. 6.2- Urban Design Page 470 of 703 PDS 32-2021 August 11, 2021 Page 8 ______________________________________________________________________ • Comments on local and regional urban design guidelines. • Concern over regions oversight relative to urban design matters. 6.3- Archaeology Questions regarding when archaeological assessments should be required and exemptions. 5. New Draft Policy Sections Since the Joint Consolidated May Report PDS 17-2021, additional technical policy sections have been drafted for circulation and comment. These are outlined below by Chapter for the Niagara Official Plan. As with Report PDS 17-2021, draft policies are accompanied by Executive Overviews (EOs), both of which are attached as Appendices. Chapter 3- Sustainable Region Section 3.3- Source Water Protection The Source Protection Plan for the Niagara Peninsula Source Protection Area (SPP) protects existing and future sources of drinking water in Niagara by ensuring activities identified as drinking water threats under the Clean Water Act and associated regulations either never become a significant threat, or cease to be a significant threat to drinking water. Based on the 2014 Source Water Protection Plan, Niagara Region prepared an amendment to include source protection policies in the existing Regional Official Plan in 2015. For the new Niagara Official Plan, there are minimal changes being made to this section as the SPP (2014) remains in effect. The EO and draft policies are attached as Appendices 1.1 and 1.2 respectively. A draft Schedule D for Source Water Protection is attached as Appendix 1.3. Section 3.7- Excess Soils Page 471 of 703 PDS 32-2021 August 11, 2021 Page 9 ______________________________________________________________________ Excess soil is a growing concern for rural municipalities as there have been cases of illegal dumping, impacts to ground or surface water quality, and impacts to natural and agricultural land. Excess soil is soil that is not required at a construction or development site and must be moved to a new, off-site location. The policies of this section encourage local municipalities to create or update their site- alteration and fill by-laws in order to address the Best Management Practices on Excess Soil. The EO and draft policies are attached as Appendices 2.1 and 2.2 respectively. Chapter 4- Competitive Region Section 4.3.2- Petroleum and Mineral Resources Petroleum resources, such as oil, gas, and salt resources extracted through the drilling of wells, are located throughout Niagara region. Mineral resources, including metallic minerals and non-metallic minerals, but not including mineral aggregate resources, have few possible deposits identified across Niagara Region. Petroleum and mineral resources are finite and must be protected from incompatible land uses or uses that would limit their extraction in the future. Proper and regulated decommissioning of wells is integral to ensuring potential hazards are avoided. The EO and draft policies are attached as Appendices 3.1 and 3.2 respectively. A draft Petroleum Resource Schedule H is attached as Appendix 3.3 Chapter 7-Implementation The Implementation Chapter is very important to carrying out the policies of the Official Plan. Policies for this Chapter are more easily developed as the draft policies associated with other Chapters are finalized. The EO attached as Appendix 4.1 provides an overview and update on the policy development of the Sections of this Chapter. Draft policies specific to this report have been developed for performance indicators and monitoring to assist with and compliment the policy direction of Chapter 2: Growing Region. Page 472 of 703 PDS 32-2021 August 11, 2021 Page 10 ______________________________________________________________________ Section 7.3 Performance Indicators and Monitoring The policies of the NOP will identify a comprehensive monitoring program to help implement the Plan. A list of indicators will measure progress to ensure that the Plan’s policies continue to meet its vision and objectives. Monitoring will also help to identify emerging trends, track progress towards specific targets, and confirm NOP policies remain relevant. Consistent and regular monitoring of the NOP’s performance will be key to ensuring its success. The draft policies are attached as Appendix 4.2 Glossary of Terms The Glossary of Terms provided in the Joint Consolidated May Report PDS 17-2021 has been updated to define new terms mentioned in these draft policy sections (shown in bold). These definitions align with existing regional Official plan definitions and or provincial definitions. The updated Glossary of Terms is attached as Appendix 5. 6. Update on Other Policy Sections Policies still under development will be incorporated into the final consolidated draft Official Plan for the end of the year. Further consultation will take place on the final consolidated draft Official Plan with the public, agencies and stakeholder groups. The following are those policy chapters that will be completed later this year. Chapter 1-Introduction The Introduction will establish the following: i) The planning context for Niagara; ii) Challenges and opportunities centred on managing the inevitable growth coming to Niagara in a manner that provides better housing affordability, protects our natural environment and addresses our changing climate; iii) The two-tier planning framework; iv) Pillar statements and directives; and v) The legislative basis and structure of the Niagara Official Plan. Page 473 of 703 PDS 32-2021 August 11, 2021 Page 11 ______________________________________________________________________ Planning staff have undertaken consultation with Indigenous groups (both local and treaty rights groups). An acknowledgement of their contributions to the development of the NOP around their areas of interest including archaeology, natural environment, climate change, affordable housing and future consultation will be included as a precursor to the Plan. The Archaeological Master Plan being prepared to inform the NOP will provide the important Indigenous historical context. Chapter 3 Sustainable Region Section 3.1-Natural Environment System The objective of the Natural Environment Work Program (NEWP) is to develop a Regional-scale natural heritage and water resource system. Together these systems will be collectively known as the integrated natural environment system (NES). PDS 17-2021 which contained the staff recommendation for the preferred NES option was presented to Planning and Economic Development Committee (PEDC) on Wednesday May 12th, 2021. At the Regional Council Meeting on Thursday May 20th, 2021 staff were directed to move forward with both NES Option 3B and 3C. Regional Council will be requested to make a decision on the NES option at a future date. The next step in the NEWP is to prepare detailed criteria and definitions for each of the components of the system. This information will be documented in a technical report – which will also include a methodology for mapping the system. It is important that the criteria and methodology are documented before the mapping work is undertaken. The detailed criteria and methodology will be an important tool for the ongoing implementation of the NES once the new Official Plan has been approved. At the same time the detailed policy sets will be written while the detailed mapping is developed for both Options 3B and 3C. Both mapping and policy development of the NES will involve significant consultation with the Local Municipalities and NPCA. Additional consultation with the public and other stakeholders will be undertaken. This includes the 3rd Point of Engagement once the draft NES maps and polices are prepared. Page 474 of 703 PDS 32-2021 August 11, 2021 Page 12 ______________________________________________________________________ It is expected that a draft of the technical report, policies, and Region-wide NES mapping will be available for review and comment in Fall 2021. Council will need to make a decision on an Option to move forward with at that time. Section 3.2-Watershed Planning Watershed planning is a methodology used to support the protection or restoration of natural resources (with an emphasis on water resources) within a watershed through the development of management plans, policies, and other related tools. The updated Provincial Growth Plan and Greenbelt Plan place a greater emphasis on the need for watershed planning to inform land-use planning. To ensure that the Niagara Official Plan is informed by watershed planning in accordance with Provincial direction the Niagara Watershed Plan (NWP) project is underway. On June 16th, 2021, a report and presentation were made to PEDC. The NWP is being published in three volumes. Following the June PEDC meeting, a draft of Volume 1 (Characterization) and Volume 2 (Management) were made available for review by the Public and other stakeholders. Comments were requested by July 30th, 2021. Planning Staff and the Consulting Team are in the process of reviewing all of the input that was received and will be finalizing in the NWP in Fall 2021. Volume 3 of the NWP will analyze various growth scenarios as part of the overall Official Plan work program and is currently being completed. A draft of Volume 3 will be made available for review and comment for finalization in September/October. Sections 3.4- Stewardship and 3.5- Climate Change The objective of the Climate Change Work Program is to build and broaden climate change goals, objectives and policies in the Niagara Official Plan, working towards the development of resilient communities. The Climate Change Work Program is comprised of three pillars: climate change policies for the NOP, climate modeling and projections, and a regional greening initiative. The climate change section of the NOP will have policies to reduce greenhouse gas emissions and adapt to the impacts of climate change, support for other priority areas of Page 475 of 703 PDS 32-2021 August 11, 2021 Page 13 ______________________________________________________________________ the NOP including Regional Structure, Infrastructure (servicing and transportation), District and Secondary Plans, Natural Environment System, and Urban Design. PDS-C 31-2021 provided an update on the progress of the Niagara Climate Modeling and Projections Project. At the end of July, a preliminary results session was held with our local municipal partners and the NPCA. The consultant team for the project is currently reviewing comments and feedback. A draft climate projections report is anticipated for September, with the project set to conclude in October 2021. The Regional Greening Initiative, most recently reported on in July 2021 (PDS-C 44- 2021), will be a project connected to the NOP work through the Sustainable Region chapter, including connections to the Natural Environment System (s. 3.1), Stewardship (s. 3.4) and Climate Change (s. 3.5) sections. The goal of the greening initiative is to enhance vegetative cover across the Region. Staff are preparing material for consultation later this year. Section 3.6- Niagara Escarpment Plan Planning staff have been developing an approach to integrate the Niagara Escarpment Plan (NEP) with the NOP. This approach will include identifying the NEP area on key schedules. This Section of the NOP will acknowledge the NEP plan policies apply within the NEP area, in addition to where Regional planning staff would request more detailed regional policies for a development permit application, such as the Natural Environment System or Infrastructure policies. This approach will be discussed further with Area Planners and Niagara Escarpment Commission staff and refined as appropriate. Chapter 4- Competitive Region Section 4.4-Economic Prosperity This section will pull together and reflect the policies of other Sections in this Chapter and other Chapters with the goal of providing focus on opportunities for greater economic prosperity in relation to land use. For example, cultural heritage and natural heritage landscapes and features can, in a more passive way, provide economic benefits. Page 476 of 703 PDS 32-2021 August 11, 2021 Page 14 ______________________________________________________________________ These policies will be developed with input from the Region’s Economic Development Department and receive input from other stakeholder groups. Chapter 5-Connected Region Section 5.3-Public Spaces, Recreation, Parks, Trails and Open Spaces This section will provide policy that provide context to the importance of open space, trails, and public spaces as part of vibrant places, complete communities, reducing car dependency, and active healthy lifestyles. Chapter 6-Vibrant Region Section 6.4- Cultural Heritage Policies will be developed encouraging the protection of significant built heritage and cultural heritage landscapes and districts. Cultural heritage contributes to preservation of history, contributions to vibrant communities and can provide economic opportunities. Alternatives Reviewed There are no alternatives to this report. This report is for information purposes providing an update on certain policy sections. Draft policies on certain Official Plan sections are attached to inform Council and provide the opportunity to receive input from the public, stakeholders, Indigenous communities, local area municipalities, and the Province. Relationship to Council Strategic Priorities The Niagara Official Plan will support the following Strategic Priority Objectives: Objective 1.1: Economic Growth and Development • Enhance integration with local municipalities’ economic development and planning departments to provide supports and improve interactions with businesses to expedite and navigate development processes. • Forward thinking approach to economic development in Niagara through long term strategic planning and leveraging partnerships with post- secondary institutions. Page 477 of 703 PDS 32-2021 August 11, 2021 Page 15 ______________________________________________________________________ Objective 1.4: Strategically Target Industry Sectors • Define Niagara’s role in tourism including areas such as sport, eco, agricultural and culture tourism. Objective 2.3: Addressing Affordable Housing Needs • Retain, protect and increase the supply of affordable housing stock to provide a broad range of housing to meet the needs of the community. Objective 3.2: Environmental Sustainability and Stewardship • A holistic and flexible approach to environmental stewardship and consideration of the natural environment, such as in infrastructure, planning and development, aligned with a renewed Official Plan. • Drive environmental protection and addressing climate change such as through increasing waste diversion rates and reducing our carbon footprint. Objective 3.3: Maintain Existing Infrastructure • Sound asset management planning to ensure sustainable investments in the infrastructure needed to support existing residents and businesses, as well as future growth in Niagara. Other Pertinent Reports • Joint Consolidated May Report PDS 17-2021: https://www.niagararegion.ca/official-plan/consolidated-policy-report.aspx • PDS 33-2021, Niagara Official Plan: Land Needs Assessment and Settlement Area Boundary Review Update ________________________________ Prepared by: Dave Heyworth, MCIP, RPP Official Plan Policy Consultant Planning and Development ______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner of Planning and Development Planning and Development Page 478 of 703 PDS 32-2021 August 11, 2021 Page 16 ______________________________________________________________________ ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Isaiah Banach, Manager of Long Range Planning and Erik Acs, Manager of Community Planning, and reviewed by Doug Giles, Director of Long Range and Community Planning. Appendices Appendix 1.1 Source Water Protection Executive Overview Appendix 1.2 Draft Source Water Protection Policies Appendix 1.3 Draft Schedule D: Source Water Protection Appendix 2.1 Excess Soil Executive Overview Appendix 2.2 Draft Excess Soil Policies Appendix 3.1 Petroleum and Mineral Resources Executive Overview Appendix 3.2 Draft Petroleum and Mineral Resources Policies Appendix 3.3 Draft Schedule H: Petroleum and Mineral Resources Areas Appendix 4.1 Implementation Executive Overview Appendix 4.2 Draft Performance Indicators and Monitoring Policies Appendix 5 Glossary of Terms Page 479 of 703 PDS 32-2021 – Appendix 1.1 EXECUTIVE OVERVIEW CHAPTER 3.3 – Source Water Protection SUMMARY The Source Protection Plan for the Niagara Peninsula Source Protection Area (SPP) protects existing and future sources of drinking water in Niagara by ensuring activities identified as drinking water threats under the Clean Water Act and associated regulations either never become a significant threat, or cease to be a significant threat to drinking water. The Ministry approved and in-effect SPP (2014) evaluated six water treatment plants and determined there were significant threats related to land uses for the Decew Falls Water Treatment Plant, Port Colborne Water Treatment Plant, and the Niagara Falls Water Treatment Plant intake protection zones. In 2015, source protection policies were added for the in-effect Official Plan (an exercise known as ROPA 5). The Niagara Official Plan predominantly carries forward those policies and mapping. •The NPCA is the Source Protection Authority (SPA) in Niagara under the Clean Water Act. The SPA provides administrative and technical support to the Source Protection Committee (SPC) and the source protection planning process. •Responsibility for source water protection planning is that of the SPC with staff support from the NPCA. The Province is the approval authority for Source Protection Plans prepared by the SPC. •The Niagara Peninsula Source Protection Plan, including the technical Assessment Report and Explanatory Document is in effect as of October 1, 2014. •ROPA 5- 2015 implemented the significant threat policies for Decew Falls, Port Colborne, and Niagara Falls water treatment plants intake protection zones in the Regional Official Plan. •Source water protection policies only apply to municipal drinking water sources. All drinking water in Niagara is from surface water. •The SPC is currently updating the assessment report and SPP, anticipated to be completed in 2023. Once approved, an amendment to the Niagara Official Plan, Local Official Plans and Local Zoning By-laws will be required. Page 480 of 703 APPENDIX 1.1 Source Water Protection Executive Overview Page 2 of 3 A Draft Policy set and schedule is provided with this sub-section document. Integration Guide for Sub-sections Reported in PDS 32-2021 OVERVIEW The creation of the Clean Water Act (2006) was in direct response to an inquiry led by Justice Dennis O’Connor into the May 2000 Walkerton tragedy and more broadly to the safety of Ontario’s drinking water. The CWA established 38 source protection areas within the Province based on Conservation Authority boundaries. Source protection plans are now in place within 38 source protection areas, representing approximately 90 percent of the population. The purpose of the CWA is to ensure communities are able to protect their municipal drinking water supplies at the source through identifying potential risks to local water supply quality and quantity and create a plan to reduce or eliminate these risks. In Niagara, the NPCA is the Source Protection Authority (SPA), providing administrative and technical support to the Source Protection Committee (SPC). The SPC is responsible for the source protection process, which includes the development of a Source Protection Plan (SPP) for the Niagara Peninsula Source Protection Area. An assessment report outlining the vulnerable zones, vulnerability scores, and significant threats was prepared, followed by the SPP outlining policies to address significant threats, implementation timelines and responsibilities. The Niagara Peninsula Source Protection Plan evaluated six water treatment plants in Niagara and determined there were significant threats for three water treatment plants: Decew Falls, Port Colborne, and Niagara Falls. The SPP was approved by the Province and has been in effect since October 1, 2014. As required under the CWA and through the SPP, Niagara Region prepared an amendment to include source protection policies in the Regional Official Plan in 2015 Regional Structure ☐Archaeology☐Housing Employment Land Needs Agriculture☐SABR ☐Aggregates☐Transportation ☐Natural Heritage incl. Infrastructure Water Systems Options District/Secondary Plans Watershed Planning☐Urban Design ☐Climate Change Page 481 of 703 APPENDIX 1.1 Source Water Protection Executive Overview Page 3 of 3 (process known as ROPA 5-2015). The amendment included policies to address significant threats identified through the SPP for the Decew Falls, Port Colborne, and Niagara Falls water treatment plant intake protection zones. The policies also require local municipalities to incorporate source water protection policies into their local official plans and zoning by-laws. A municipal guidance document was prepared to provide a framework for local municipalities to translate Regional Official Plan policy related to source protection, and implement those policies into local Official Plans and associated planning and building processes. For the new Niagara Official Plan, there are minimal changes being made to this section as the SPP (2014) remains in effect. However, the SPC is currently updating the Assessment Report and SPP for the Niagara Peninsula Source Protection Area. The SPP is anticipated to be completed in 2023, subject to Ministry approval. Once approved and in effect, the Niagara Official Plan and Local Official Plans and Zoning By-laws will require an amendment to conform to the policies of the new SPP. The attached draft policy and mapping, Appendix 1.2 and Appendix 1.3 respectively, predominantly carries forward policies and mapping approved through ROPA 5-2015. For more information on source protection planning in Niagara, please visit the Niagara Peninsula Drinking Water Source Protection website (https://www.sourceprotection- niagara.ca/) Page 482 of 703 PDS 32-2021 – Appendix 1.2 APPENDIX 1.2 Source Water Protection Policies - Page 1 Draft - August 2021 CHAPTER 3 - SUSTAINABLE REGION Section 3.3 Source Water Protection The Source Protection Plan for the Niagara Peninsula Source Protection Area (SPP) protects existing and future sources of drinking water in Niagara by ensuring activities identified as drinking water threats under the Clean Water Act and associated regulations either never become a significant threat, or cease to be a significant threat to drinking water. The Source Protection Plan evaluated six water treatment plants and determined there are significant threats related to land uses associated with the DeCew Falls water treatment plant in the City of Thorold, Port Colborne water treatment plant in the City of Port Colborne, and the Niagara Falls water treatment plant in the City of Niagara Falls. The following source water protection policies are organized according to the water treatment plant intake protection zones for which significant drinking water threats have been identified in the Source Protection Plan. These water treatment plants and associated intake protection zones are identified as an overlay on Schedule D to this Plan. The underlying land use designations on Schedule D continue to apply. The policies of Section 3.3 must be read with the Niagara Official Plan in its entirety and in conjunction with the Niagara Peninsula Source Protection Plan, the Assessment Report and the Explanatory Document which provides the context and rationale for the land use policies and in identifying significant threats and eliminating these drinking water threats for the DeCew Falls, Port Colborne and Niagara Falls water treatment plant intake protection zones. The policies of Section 3.3 must also be read in conjunction with other applicable plans and legislation. Update to the Source Protection Plan for the Niagara Peninsula Source Protection Area The SPP was approved by the Ministry of the Environment, Conservation and Parks and is effective as of October 1, 2014. Under the Clean Water Act, municipal official plans must be amended to conform to the significant threat policies within the SPP. The Source Protection Authority is currently updating the Assessment Report and the SPP for the Niagara Peninsula Source Protection Area. The SPP is anticipated to be completed in 2023, subject to Ministry approval. Once approved, the Niagara Official Plan, Local Official Plans, and Local Zoning By-laws will require an amendment to conform to the policies of the new SPP. Page 483 of 703 APPENDIX 1.2 Source Water Protection Policies - Page 2 Draft - August 2021 3.3.1 To protect the water source for the Decew Falls Water Treatment Plant to ensure activities identified as significant threats cease to be significant threats. 3.3.1.1 The placement of untreated septage to land is considered a significant drinking water threat in the DeCew Falls Intake Protection Zone 1. New waste disposal sites for the application of untreated septage to land shall not be permitted within the DeCew Falls Intake Protection Zone 1. 3.3.1.2 The discharge from new stormwater management facilities is considered a significant threat where the storm sewer drainage area is at least 100 ha in size with the predominant land use being commercial or industrial. New stormwater management facilities, which meet these criteria, are not permitted to discharge within the DeCew Falls Intake Protection Zone 1. New industrial or commercial land uses which meet the 100 ha storm sewer drainage criteria are not permitted within the DeCew Falls Intake Protection Zone 1. For the purposes of this policy, new industrial or commercial land uses include industrial or commercial uses which are not currently designated as such in the local municipal Official Plan. Untreated septage Properties where untreated septage is applied to land are considered waste disposal sites under Part V of the Environmental Protection Act (EPA). Untreated septage is typically produced from the clean-out of residential septic system tanks. Page 484 of 703 APPENDIX 1.2 Source Water Protection Policies - Page 3 Draft - August 2021 3.3.1.3 The discharge from wastewater treatment plants or combined sewer overflows, or discharge of industrial effluent is considered a significant threat as defined under the applicable circumstances as outlined by the Ministry of Environment in Table 22 and Table 48 in Appendix C of the Assessment Report (2013). New combined sewers, wastewater treatment facilities, and industrial effluent systems are not permitted where they would be a significant threat within the DeCew Falls Intake Protection Zone 1. 3.3.1.4 Any planning or building application made for a land use other than Residential in the DeCew Falls Intake Protection Zone 1 may require a Section 59 notice from the Risk Management Official. The requirements of the notice will be determined through the application screening process. 3.3.2 To protect the water source for the Port Colborne Water Treatment Plant to ensure activities identified as significant threats cease to be significant threats. 3.3.2.1 The placement of untreated septage to land is considered a significant drinking water threat in the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. New waste disposal sites for the application of untreated septage to land shall not be permitted within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. 3.3.2.2 Any planning or building application made for a land use other than Residential in the Port Colborne Intake Protection Zone 1 and 2 may require a Section 59 notice from the Risk Management Official. The requirements of the notice will be determined through the application screening process. Niagara Peninsula Source Protection Plan The Niagara Peninsula Source Protection Plan, Assessment Report and Explanatory Document are available at: (http://www.sourceprotection- niagara.ca/) Ap plication Screening Process for Section 59 Notice from Risk Management Official The application screening process will look at whether an application may relate to the application of agriculture source material, the storage of agriculture source material, livestock grazing/pasturing and farm animal outdoor confinement areas in DeCew Falls IPZ 1 or; the storage of pesticides in Port Colborne IPZ 1 or for the application of pesticides in the Port Colborne IPZ 1 and IPZ 2. Page 485 of 703 APPENDIX 1.2 Source Water Protection Policies - Page 4 Draft - August 2021 3.3.2.3 The storage of road salt is considered a significant threat in the Port Colborne Intake Protection Zone 1, if stored outside with no cover, in amounts greater than 5,000 tonnes. Future open storage of road salt greater than 5,000 tonnes is not permitted within the Port Colborne Intake Protection Zone 1. 3.3.2.4 The storage of snow, and the contaminants associated with it, is considered a significant threat in the Port Colborne Intake Protection Zone 1 if stored in quantities greater than 1 hectare in area. Future storage of snow greater than 1 hectare in area is not permitted within the Port Colborne Intake Protection Zone 1. 3.3.2.5 The discharge from wastewater treatment plants or combined sewer overflows, or discharge of industrial effluent is considered a significant threat as defined under the applicable circumstances as outlined by the Ministry of Environment in Table 20, Table 21, Table 46, and in Table 47 in Appendix C of the Assessment Report (2013). New combined sewers, wastewater treatment facilities, and industrial effluent systems are not permitted where they would be a significant threat within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. 3.3.2.6 The discharge from stormwater management facilities is a significant threat where the storm sewer drainage area is at least 10 ha in size with the predominant land use being commercial or industrial. An application for commercial or industrial development or the expansion, extension, or alteration of existing stormwater management facilities or the expansion of an existing commercial or industrial development, in instances where the Risk Management Official and the Region’s Chief Planning Official deem such an expansion may pose a significant threat to municipal drinking water, within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2, shall be accompanied by a stormwater management plan that demonstrates and implements best management practices related to managing stormwater runoff to the satisfaction of the Region’s Chief Planning Official and City of Port Colborne, in consultation with the Risk Management Official, such that the development does not pose a significant threat to municipal drinking water. Page 486 of 703 APPENDIX 1.2 Source Water Protection Policies - Page 5 Draft - August 2021 3.3.2.7 The storage, and application to land of agricultural source material, and the lands used for livestock grazing/pasturing, farm animal yards and outdoor confinement areas, are considered significant threats in the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. New agricultural land uses are not permitted within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. 3.3.3 To protect the water source for the Niagara Falls Water Treatment Plant to ensure activities identified as significant threats cease to be significant threats. 3.3.3.1 The application of untreated septage to land is considered a significant drinking water threat in the Niagara Falls Intake Protection Zone 1. New waste disposal sites for the application of untreated septage to land shall not be permitted within the Niagara Falls Intake Protection Zone 1. Page 487 of 703 APPENDIX 1.2 Source Water Protection Policies - Page 6 Draft - August 2021 3.3.3.2 The discharge from new stormwater management facilities is considered a significant threat where the storm sewer drainage area is at least 100 ha in size with the predominant land use being commercial or industrial. New stormwater management facilities, which meet these criteria, are not permitted to discharge within the Niagara Falls Intake Protection Zone 1. New industrial or commercial land uses which meet the 100 ha storm sewer drainage criteria are not permitted within the Niagara Falls Intake Protection Zone 1. For the purposes of this policy, new industrial or commercial land uses only includes industrial or commercial uses which are not currently designated as such in the local municipal Official Plan. 3.3.3.3 The discharge from wastewater treatment plants or combined sewer overflows, or discharge of industrial effluent is considered a significant threat as defined under the applicable circumstances as outlined by the Ministry of Environment in Table 22 and Table 48 in Appendix C of the Assessment Report (2013). New combined sewers, wastewater treatment facilities, and industrial effluent systems are not permitted where they would be a significant threat within the Niagara Falls Intake Protection Zone 1. 3.3.3.4 The storage, handling, and application to land of agricultural source material, and the lands used for livestock grazing/pasturing, farm animal yards and outdoor confinement areas, are considered significant threats in the Niagara Falls Intake Protection Zone 1. New agricultural land uses are not permitted within the Niagara Falls Intake Protection Zone 1. 3.3.4 To provide direction to local municipalities and monitor significant threats 3.3.4.1 Local municipal Official Plans and Zoning By-laws shall conform to the policies of Section 3.3 of this Plan in accordance with the Niagara Peninsula Source Protection Plan. 3.3.4.2 The Region will monitor and report on the measures taken to implement the significant threat policies annually in accordance with the Niagara Peninsula Source Protection Plan, which shall address the following: Page 488 of 703 APPENDIX 1.2 Source Water Protection Policies - Page 7 Draft - August 2021 a) Total number and type of development applications in Intake Protection Zones; b) Pre-consultation meetings related to the Niagara Peninsula Source Protection Plan; c) Number of Risk Management Plans reviewed and approved; d) The number and type of development applications in Intake Protection Zones with the potential for the creation or modification of a transport pathway; and e) Steps taken to improve education and research. Monitoring development applications with potential for creation or modification of a transport pathway Transport pathways are a change in land caused by human activity that increases the vulnerability of a drinking water source. Examples include storm sewers, discharge pipes, utility trenches, ditches, swales, drainage works or any other types of drain. Transport pathways are captured in the delineation of IPZs, however if any have been added to areas around IPZs, there is the possibility of contamination to the intake. Page 489 of 703 APPENDIX 1.3 Schedule D – Source Water Protection Draft – August 2021 Page 490 of 703 PDS 32-2021- Appendix 2.1 EXECUTIVE OVERVIEW CHAPTER 3 – 3.7 Excess Soil Management SUMMARY The management of excess soil is critical to protect human health and the environment as our communities grow. Excess soil is soil that is not required at a construction or development site and must be moved to a new, off-site location. In some cases, excess soil may be temporarily stored at another location before being brought to a receiving site. Provincial direction encourages on-site and local reuse of excess soil and requires best management practices for excess soil. Provincial direction for excess soil is new and has not been previously addressed in the Regional Official Plan. • Excess soil is a multidisciplinary issue with implications for growth and development, agricultural land, the natural environment system, and transportation. • The Provincial Excess Soil Management Policy Framework (2016) proposed a number of policy changes to create a life-cycle management approach to excess soil management. This includes placing greater responsibility on source sites, where soil is excavated and recognizing opportunities for excess soil re-use. • Ontario Regulation 406/19: On-Site and Excess Soil Management established rules for when excess soil is not a waste and outlines soil quality standards for beneficial reuse. The implementation of this regulation is staggered beginning in January 2021. • The policies in the Niagara Official Plan for excess soil management implement best management practices as outlined in the Province’s Management of Excess Soil- A Guide for Best Management Practices (BMP). • Policy direction for this chapter includes reusing excess soil on-site or locally where possible during development or site alteration and direction to local municipalities to implement best management practices and update site alteration and fill by-laws in accordance with the Municipal Act. A Draft Policy set is provided with this sub-section document. Integration Guide for Sub-sections Reported in PDS 32-2021 Regional Structure ☐ Archaeology ☐ Housing ☐ Employment ☐ Land Needs Agriculture ☐ SABR Aggregates Transportation ☐ Natural Heritage incl. Infrastructure ☐ Water Systems Options ☐ District/Secondary Plans ☐ Watershed Planning ☐ Urban Design Climate Change Page 491 of 703 APPENDIX 2.1 Excess Soil Executive Overview - Page 2 OVERVIEW Excess soil is defined as soil, or soil mixed with rock, that has been excavated as part of a project and removed from the project area for the project (O.Reg 406/19). The need to properly manage excess soil has arisen due to the large quantities of soil being generated through site alteration and construction activities in Ontario. Excess soil is a growing concern for rural municipalities as there have been cases of illegal dumping, impacts to ground or surface water quality, and impacts to natural and agricultural land. Other issues arising from excess soil include contaminated soil when not properly managed, transportation of excess soil causing damage to roads and increased greenhouse gas emissions, and the introduction and spread of invasive species. The Excess Soil Management Policy Framework document was prepared by the Ministry of the Environment, Conservation and Parks (MOECP) in 2016. This document identifies the need for a revised policy framework to manage excess soil with 22 key actions identified. Important to the updated policy framework is to provide for better life- cycle management, placing greater responsibility on the source sites, where soil is excavated. Since the Excess Soil Management Policy Framework was published in 2016, there has been the introduction of excess soil re-use policies in Provincial planning documents, changes to the Municipal Act, a new regulation introduced under the Environmental Protection Act (EPA). Provincial land use policy direction emphasizes the need to incorporate best management practices into Official Plans for excess soil management. The Province prepared Management of Excess Soil- A Guide for Best Management Practices to provide guidance for handling excess soil when it is excavated, transported, received at a new site and where soil can be reused for a beneficial purpose. Section 142 of the Municipal Act, 2001 provides authority to local municipalities to establish by‐laws to regulate the placement and dumping of fill. There are certain exemptions for sites licenced under the Aggregate Resources Act, normal farm practices, etc. However, changes have been made with respect to municipal site- alteration by-laws and conservation authority regulated areas. Municipal site-alteration by-laws now apply in conservation authority regulated areas, with repeal of section 142(8). The policies of this chapter encourage local municipalities to create or update their site- alteration and fill by-laws in order to address the Best Management Practices on Excess Soil developed by the Province, changes to the Municipal Act in relation to conservation Page 492 of 703 APPENDIX 2.1 Excess Soil Executive Overview - Page 3 authority regulated land, and the new excess soil management regulation under the EPA. The attached Draft Policy, Appendix 2.2 illustrates the direction the Niagara Official Plan is taking as it continues towards a completed final draft status. Page 493 of 703 PDS 32-2021 – Appendix 2.2 APPENDIX 2.2 Excess Soil Policies- Page 1 Draft- August 2021 CHAPTER 3- SUSTAINABLE REGION Section 3.7 Excess Soil Management The proper management of excess soil is critical to protect human health and the environment as our communities continue to grow. Excess soil is soil that is not required at a construction or development site and must be moved to a new location. In some cases, excess soil may be temporarily stored at another location before being brought to a final receiving site. Recent changes to Provincial legislation, beginning with the Excess Soil Management Policy Framework (2016) proposed a number of policy changes to create a life-cycle management approach to excess soil management. This includes placing greater responsibility on source sites, where soil is excavated and recognizing opportunities for excess soil re-use. The manner for which excess soil is managed and disposed of has implications for greenhouse gas emissions, with trucks moving excess soil across communities. Other issues include the quality of excess soil, and the need to protect the environment, water, and agriculture. The beneficial re-use of excess soil locally can contribute to climate change mitigation goals and overall sustainability of soil. The policies of Chapter 3.7 are intended to implement best management practices of excess soil for a beneficial re-use purpose where appropriate. 3.7.1 Recognize and manage excess soil for new development, site alteration and infrastructure 3.7.1.1 Excess soil shall be managed in accordance with Ontario Regulation 406/19 under the Environmental Protection Act. 3.7.1.2 Best management practices for excess soil generated and fill received during development, site alteration, including infrastructure development, shall be implemented to ensure that: a) Excess soil generated is to be reused on-site or locally to the maximum extent possible; b) Temporary storage sites are encouraged to be permitted close to soil reuse sites to reduce transportation and environmental impacts such as greenhouse gas emissions; and c) Excess soil placement at receiving sites are required to demonstrate that the activity will not have a negative impact on Best Management Practices for Excess Soil Management of Excess Soil – A Guide for Best Management Practices (BMP) was prepared by the Province to provide guidance for handling excess soil when it is excavated, transported, received at a new site and where soil can be reused for a beneficial purpose. The BMP is for municipalities, conservation authorities, and project site owners/operators. Page 494 of 703 APPENDIX 2.2 Excess Soil Policies- Page 2 Draft- August 2021 existing land uses, the natural environment, surrounding land uses and cultural heritage resources. 3.7.1.3 A soil management plan, meeting Provincial best practices is to be prepared as part of the Planning Act application process for new development. 3.7.2 Provide direction to local municipalities managing excess soil 3.7.2.1 Local municipalities are encouraged to develop or update site alteration and fill by- laws in accordance with the Municipal Act. 3.7.2.2 Local municipalities shall incorporate best management practices for the management of excess soil generated and fill received during development or site alteration, including infrastructure development, to ensure that: a) Any excess soil is reused on-site or locally to the maximum extent possible; b) Local official plans and zoning by-laws identify appropriate sites for excess soil storage and processing; and c) Site plan approval is utilized for new or expanding soil storage or processing sites. Soil Management Plans Soil management plans are outlined in the Provincial BMPs for Excess Soil. A Soil Management Plan outlines the condition of the soil at the source site, to ensure soil suitability during construction projects and recommends the following: • Detailed sampling and analysis plan for all excavated soil • Estimated volume of excess soil to be managed off-site • Site plan identifying areas to be excavated • List of potential receiving sites for excess soil Page 495 of 703 PDS 32-2021 – Appendix 3.1 EXECUTIVE OVERVIEW Chapter 4 – Section 4.4 Petroleum and Mineral Resources SUMMARY Petroleum and mineral resources are non-renewable and finite across Niagara Region. These resources are protected for potential extraction and long-term use, but are not the same as mineral aggregate resources. • The Province provides mapping of petroleum wells and petroleum pools for within the Niagara region. Petroleum pools will be depicted on Draft Schedule H. • The Ministry of Northern Development, Mines, Natural Resources and Forestry regulates petroleum resources through the Oil, Gas and Salt Resources Act and provincial operating standards. This includes licensing of new wells, and overseeing decommissioning of existing wells. • Proper and regulated decommissioning of wells is integral to ensuring potential hazards are avoided. Rehabilitation must be conducted according to the Oil, Gas and Salt Resources Act and its regulations and standards. • Policy direction for this section is primarily focused on ensuring Petroleum resource operations in Niagara and any future possible mineral mining operations, will be protected from incompatible land uses, and the establishment of new operations as well as access to resources should not be hindered by development or activities on the resources or adjacent lands. A Draft Policy set is provided with this sub-section document. OVERVIEW Petroleum and mineral resources are finite non-renewable resources and must be protected from incompatible land uses or uses that would limit their extraction in the future. Petroleum resources include oil, gas, and salt resources. These resources can be found trapped underground in layers of ancient sedimentary rock which underlie all of southern Ontario. Ontario’s oil, natural gas and salt resources are extracted by the Integration Guide for Sub-sections Reported in PDS 32-2021 Regional Structure ☐ Archaeology Housing ☐ Employment ☐ Land Needs Agriculture ☐ SABR ☐ Aggregates ☐ Transportation Natural Heritage incl. ☐ Infrastructure ☐ Water Systems Options ☐ District/Secondary Plans ☐ Watershed Planning ☐ Urban Design ☐ Climate Change Page 496 of 703 APPENDIX 3.1 Petroleum Executive Overview – Page 2 drilling of wells. Petroleum Resource Operations is the term used for these wells, and associated facilities and other drilling operations. The Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF) regulates petroleum resources through the Oil, Gas and Salt Resources Act (OGSRA) and provincial operating standards. This includes all licensing of new wells, and overseeing decommissioning of existing wells. Wells may be privately owned or corporately owned, but are all required to be licensed and issued a licensing number accordingly through the MNDMNRF. When wells of all types are no longer needed for the purpose for which they were drilled, they are plugged according to standards in Oil, Gas and Salt Resources of Ontario Operating Standards. Proper and regulated decommissioning of wells, is integral to ensuring potential hazards are avoided. All wells, whether active, suspended, or plugged and abandoned (i.e., rendered safe as part of site rehabilitation following cessation of production) should be respected in any decisions regarding new development. Namely, in accordance with the OGSRA, a restriction on new developments within 75m of a petroleum resource operation. The province maps well locations as point features, where a well has been drilled into geological formations for purposes such as; production of oil and gas; injection, storage and withdrawal of oil, gas, brine or other hydrocarbons; or geological evaluation or testing of underground bedrock formations that may contain oil or gas. The province also provides mapping for petroleum pools; where there is a subsurface accumulation of oil and/or natural gas in porous and permeable rock whose presence has been proven by the drilling of petroleum wells and from which hydrocarbons have been or are being produced, or are capable of being produced in economic quantities. Petroleum pools will be mapped on Schedule H of this Plan. Mineral resources, include metallic minerals; those minerals from which metals (e.g. copper, nickel, gold) are derived, and non-metallic minerals; those minerals that are of value for intrinsic properties of the minerals themselves and not as a source of metal (e.g. graphite, gypsum, mica). Mineral deposits in the Niagara Region are not as readily mapped or identified, although some mineral occurrences data is available from the MNDMNRF. However, mineral resources are protected in a similar fashion to petroleum resources, to ensure future resource extraction possibilities exist. The closest mineral mining operation is currently a Gypsum mine located in Haldimand County. The attached draft policy and mapping, Appendix 3.2 and Appendix 3.3 respectively, illustrates the direction the Niagara Official Plan is taking as it continues towards completed final draft status. Page 497 of 703 PDS 32-2021 – Appendix 3.2 APPENDIX 3.2 Petroleum and Mineral Resources Policies - Page 1 Draft – August 2021 CHAPTER 4 – COMPETITIVE REGION Section 4.4 Petroleum and Mineral Resources Known Petroleum Resources and Petroleum Resource Operations, including wells, are located across areas of the Niagara Region, and are protected for long-term use. Mineral Resources are both metallic and non-metallic minerals, but are different from mineral aggregate resources identified in Section 4.3 of this Plan. Mineral deposits may occur in Niagara region and must be protected for potential extraction. There are no known Mineral Mining Operations in Niagara. 4.4.1 Protect the Region’s Mineral Deposits and Petroleum Resources 4.4.1.1 Schedule H of this Plan, identifies where petroleum pools are located in Niagara region, according to Provincial mapping. 4.4.1.2 Petroleum resource operations and any future Mineral Mining Operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. 4.4.1.3 No development shall occur within 75m of a petroleum resource operation unless the petroleum resource operation has been decommissioned and rehabilitated in accordance with applicable Provincial regulations and standards. 4.4.1.4 Development and activities in known mineral deposits or known petroleum resources or on adjacent lands which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or Petroleum Resource Operations Petroleum Resource Operations is a term that encompasses wells, facilities, and other drilling operations associated with oil, gas, and salt resources. Over 2000 wells are identified in Niagara Region through provincial mapping. These wells are classified by types, including natural gas wells, storage wells, and dry exploratory holes. Page 498 of 703 PDS 32-2021 – Appendix 3.2 APPENDIX 3.2 Petroleum and Mineral Resources Policies - Page 2 Draft – August 2021 b) the proposed land use or development serves a greater long-term public interest; and c) issues of public health, public safety and environmental impact are addressed. 4.4.1.5 Petroleum and mineral resource extraction activities shall be conducted in accordance with the Oil, Gas and Salt Resources Act and its regulations and standards, as well as a licence from the Ministry of Northern Development, Mines, Natural Resources and Forestry. 4.4.1.6 Any proposal for a new mineral mining operation will require an amendment to this Plan. Oil, Gas, and Salt Resources Act (OGSRA) The Ministry of Northern Development, Mines, Natural Resources and Forestry regulates petroleum resources through the OGSRA and provincial operating standards. This includes all licensing of new wells, and overseeing decommissioning of existing wells. Page 499 of 703 APPENDIX 3.3 Schedule H - Petroleum Pools Draft – August 2021 Page 500 of 703 APPENDIX 3.3 Schedule H - Petroleum Pools Draft – August 2021 Page 501 of 703 PDS 32-2021 – Appendix 4.1 IMPLEMENTATION EXECUTIVE OVERVIEW CHAPTER 7 – Implementation SUMMARY The Implementation Chapter is very important to ensure the policy directions in the Niagara Official Plan are carried out efficiently and successfully. There are numerous important components for the implementation of NOP policy direction, namely: • 7.1 Plan Interpretation o How to read the Plan • 7.2 Region and Local Roles o Coordinating planning applications o Memorandum of Understandings- ensuring this process stays in effect and up to date o Exemptions to Regional approvals. An example would be the Region exempting Secondary Plans from Regional approval under certain conditions. o Guidance documents • 7.3 Performance Indicators and Monitoring o Monitor intensification and density targets o Land developed o Natural environment mapping updates o Archaeological Management Plan (AMP) potential mapping updates • 7.4 Phasing o Local municipalities phasing growth o Excess lands • 7.5 Health Impact Assessment o Establish criteria in Secondary Plans • 7.6 Asset Management Plan o Assessing the full life cycle costs of infrastructure. The financial sustainability of infrastructure is a Growth Plan objective. • 7.7 Complete Applications o Identifies the studies required to be submitted with various applications • 7.8 Review / Updates /Amendments to OP Page 502 of 703 APPENDIX 4.1 Implementation Executive Overview – Page 2 o Incorporation and carry over of existing site-specific policy areas. • 7.9 Consultation and engagement- outline approach for: o Public consultation o Consulting with other governments o Engaging local municipalities o Engaging Indigenous partners Regional Structure Archaeology Housing Employment Land Needs Agriculture SABR Aggregates Transportation Natural Heritage incl. Infrastructure Water Systems Options District/Secondary Plans Watershed Planning Urban Design Climate Change Integration Guide for Sub-sections Reported in PDS 32-2021 OVERVIEW Policies for this Chapter are more easily developed as the draft policies associated with other Chapters come to fruition. Most policies for this section will be similar to the policy direction in the existing Regional Official Plan with the exception of new policy direction for performance indicator and monitoring, phasing, health impact assessment, asset management and certain consultation elements such as consultation with Indigenous communities. One section for the Implementation Chapter that has been drafted is the Performance Indicators and Monitoring (Section 7.3). Draft policies have been developed on performance indicators and monitoring early to assist with, and compliment the policy direction within Chapter 2: Growing Region. Monitoring the implementation of this Plan is critical to: a) analyze the effectiveness of the policies in this Plan in meeting its overall goals and objectives; b) confirm targets are being met; c) respond to trends; and d) identify and confirm if the direction of the Plan remains constant or if updates are required. The policies identify the topic areas that will require monitoring, as well as Regional and Local municipal roles in the monitoring process. Page 503 of 703 APPENDIX 4.1 Implementation Executive Overview – Page 3 Planning staff have initiated work on other Sections of the Implementation Chapter. For example Regional Planning staff are discussing with all local planning staff which existing site specific policy areas can be removed as they are no longer necessary and which should be carried over into the Niagara Official Plan. The Draft policies on Performance Indicators and Monitoring are attached as Appendix 4.2. Page 504 of 703 PDS 32-2021- Appendix 4.2 APPENDIX 4.2 Performance Indicators and Monitoring Policies- Page 1 Draft- August 2021 CHAPTER 7- IMPLEMENTATION Section 7.3 Performance Indicators and Monitoring 7.3.1 Ensure objectives are met and targets achieved 7.3.1.1 The Region, in collaboration with local municipalities, the Niagara Peninsula Conservation Authority and any other identified stakeholders, as appropriate, will comprehensively monitor and measure the performance of the policies of this Plan. 7.3.1.2 Monitoring the implementation of this Plan is critical to: a) analyze the effectiveness of the policies in this Plan in meeting its overall goals and objectives; b) confirming targets are being met; c) responding to trends; and d) Identifying and confirming if the direction of the Plan remains constant or if updates are required. 7.3.1.3 The Region shall: a) Establish a program to monitor, measure, and evaluate performance of this Plan; b) Identify a series of both qualitative and quantitative indicators; c) Prepare regular monitoring reports as set out in Policy XX that measures the success of this Plan; and d) Work in cooperation with local municipalities to establish common measuring and reporting tools to monitor: i) The Growing Region through: Distribution of population and employment allocations to local municipalities as set out in Table 1, Section 2.1; Density targets for designated greenfield area, strategic growth areas, and employment areas; Implementation of local intensification rates as set in Table 2, policy 2.2.6.1; and Page 505 of 703 APPENDIX 4.2 Performance Indicators and Monitoring Policies- Page 2 Draft- August 2021 Mix, range, and affordability of housing units, including achievement of the Region’s affordable housing target stated in Policy 2.3.2.3; ii) The Sustainable Region through: Health of the Natural Heritage System and Water Resource System; and Progress towards climate change mitigation and adaptation measures. iii) The Competitive Region through: State of aggregates; Protection of agricultural areas; and Economic development. iv) The Connected Region through: Performance of Regional infrastructure; and Performance of Regional transportation facilities. v) The Vibrant Region through: The creation of Secondary Plans; Excellence in Urban Design; and The recognition and protection of cultural and archaeological resources. vi) Other policies identified through the monitoring program, which requires regular monitoring. 7.3.2 Provide clear direction for local municipalities to coordinate monitoring efforts 7.3.2.1 Local municipalities shall: a) Establish indicators to monitor local implementation of Provincial, Region, and local policy; b) Provide data to support the Region’s monitoring program, as required; and c) Work with the Region to establish common measuring and reporting tools to monitor. 7.3.2.2 Local municipalities shall prepare local monitoring programs and regularly provide updates to the Region at intervals determined through the program. Page 506 of 703 PDS 32-2021 – Appendix 5 Glossary of Terms Active Transportation Any form of self-propelled transportation that relies on the use of human energy such as walking, cycling, inline skating, jogging, or travel with the use of mobility aids, including motorized wheelchairs and other power-assisted devices at a comparable speed. (Growth Plan, 2020) Affordable 1. in the case of ownership housing, the least expensive of: a) housing for which the purchase price results in annual accommodation costs which do not exceed 30 per cent of gross annual household income for low and moderate income households; or b) housing for which the purchase price is at least 10 per cent below the average purchase price of a resale unit in the regional market area; 2. in the case of rental housing, the least expensive of: a) a unit for which the rent does not exceed 30 per cent of gross annual household income for low and moderate income households; or b) a unit for which the rent is at or below the average market rent of a unit in the regional market area. (Growth Plan, 2020) Agricultural Impact Assessment A study that evaluates the potential impacts of non-agricultural development on agricultural operations and the Agriculture System and recommends ways to avoid, or, if avoidance is not possible, minimize and mitigate adverse impacts. (Greenbelt Plan, 2017) Agriculture-Related Uses Those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity (PPS, 2020). Agricultural Source Material Treated or untreated materials, as defined by the Nutrient Management Act, other than compost that meets the Compost Guidelines, or a commercial fertilizer, if they are capable of being applied to land as nutrients. Page 507 of 703 APPENDIX 5 Glossary of Terms – Page 2 Draft August 2021 Agricultural System The system mapped and issued by the Province, comprised of a group of inter- connected elements that collectively create a viable, thriving agricultural sector. It has two components: a) an agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous, productive land base for agriculture; and b) an agri-food network, which includes infrastructure, services and assets important to the viability of the agri-food sector. (Greenbelt Plan, 2017) Agricultural Uses Growing of crops or raising of animals; includes associated on-farm buildings and structures; all types, sizes and intensities; normal farm practices are promoted and protected (e.g. cropland, pastureland, barns and other associated buildings and structures). Agri-food Network Within the agricultural system, a network that includes elements important to the viability of the agri-food sector such as regional infrastructure and transportation networks; on- farm buildings and infrastructure; agricultural services, farm markets, distributors, and primary processing; and vibrant, agriculture-supportive communities. (PPS, 2020) Agri-Tourism Uses Those farm-related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education or activities related to the farm operation (PPS, 2020). Airports All Ontario airports, including designated lands for future airports, with Noise Exposure Forecast (NEF)/Noise Exposure Projection (NEP) mapping. (PPS, 2020) Archaeological Resources Includes artifacts, archaeological sites, marine archaeological sites, as defined under the Ontario Heritage Act. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Page 508 of 703 APPENDIX 5 Glossary of Terms – Page 3 Draft August 2021 Areas of Archaeological Potential Areas with the likelihood to contain archaeological resources. Criteria to identify archaeological potential are established by the Province. The Ontario Heritage Act requires archaeological potential to be confirmed by a licensed archaeologist. Brownfields Undeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant. (PPS, 2020) Built Form The function, shape, and configuration of buildings, as well as their relationship to streets and open spaces. Built-Up Areas The limits of the developed urban areas as defined by the Minister in consultation with affected municipalities for the purpose of measuring the minimum intensification target in this Plan. Built-up areas are delineated in Schedule B. Climate Change Changes in weather patterns at local and regional levels, including extreme weather events and increased climate variability. (Based on the PPS, 2020 and modified for this Plan) Combined Sewers A sewer designed to convey both sanitary sewage and storm water through a single pipe to a sewage treatment plant. Community Infrastructure Lands, buildings, and structures that support the quality of life for people and communities by providing public services for health, education, recreation, socio-cultural activities, security and safety, and affordable housing. Compact Built Form A land-use pattern that encourages the efficient use of land, walkable neighbourhoods, mixed land uses (residential, retail, workplace and institutional) all within one neighbourhood, active transportation, proximity to transit and reduced need for infrastructure. Compact built form can include detached and semi-detached houses on small lots as well as townhouses and walk-up apartments, multistorey commercial developments, and apartments or offices above retail. Walkable neighbourhoods can be Page 509 of 703 APPENDIX 5 Glossary of Terms – Page 4 Draft August 2021 characterized by roads laid out in a well-connected network, destinations that are easily accessible by transit and active transportation, sidewalks with minimal interruptions for vehicle access, and a pedestrian-friendly environment along roads to encourage active transportation. Compatible A development, building and/or land use that can co-exist or occur without conflict with surrounding land uses and activities in terms of its uses, scale, height, massing and relative location. Complete Communities Places such as mixed-use neighbourhoods or other areas within cities, towns, and settlement areas that offer and support opportunities for people of all ages and abilities to conveniently access most of the necessities for daily living, including an appropriate mix of jobs, local stores, and services, a full range of housing, transportation options and public service facilities. Complete communities are age-friendly and may take different shapes and forms appropriate to their contexts. (Growth Plan, 2020) Complete Streets Streets that are planned to balance the needs of all road users, including pedestrians, cyclists, transit-users, and motorists, and are designed for the safety of people of all ages and abilities (Based on Growth Plan, 2020 and modified for this Plan) Complete Streets Design Manual Guidelines developed as part of the Niagara Region’s Transportation Master Plan which define Regional Road typologies and provide guidance on the implementation of complete streets elements that fall within the public right-of-way. Community Housing Housing owned and operated by non-profit housing corporations, housing co-operatives and municipal governments, or district social services administration boards. Community housing providers offer subsidized or low-end-of market rents. Community Hubs Public service facilities that offer co-located or integrated services such as education, health care and social services. Conservation Authority Refers to the Niagara Peninsula Conservation Authority Page 510 of 703 APPENDIX 5 Glossary of Terms – Page 5 Draft August 2021 Conserved The identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant planning authority and/or decision maker. Mitigative measures and/or alternative development approaches can be included in these plans and assessments. Cultural Heritage Resources Built heritage resources, cultural heritage landscapes and archaeological resources that have been determined to have cultural heritage value or interest for the important contribution they make to our understanding of the history of a place, an event, or a people. While some cultural heritage resources may already be identified and inventoried by official sources, the significance of others can only be determined after evaluation. (Greenbelt Plan, 2017) Designated Greenfield Areas Lands within urban areas but outside of built-up areas that have been designated in an official plan for development and are required to accommodate forecasted growth to the horizon of this Plan. Designated greenfield areas do not include excess lands, and are identified in Schedule B. Development The creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Ontario Planning Act, but does not include: a) activities that create or maintain infrastructure authorized under an environmental assessment process; or b) works subject to the Drainage Act. (Based on PPS, 2020 and modified for the Growth Plan) Employment Areas Areas designated in an Official Plan for clusters of business and economic activities including, but not limited to manufacturing, warehousing, offices, and associated retail and ancillary facilities. (PPS, 2020) Page 511 of 703 APPENDIX 5 Glossary of Terms – Page 6 Draft August 2021 Employment Land Lands that are designated in local official plans or zoning by-laws for employment uses. Employment lands may be within and outside of employment areas. Excess Lands Vacant, unbuilt but developable lands within settlement areas but outside of built-up areas that have been designated in an Official Plan for development but are in excess of what is needed to accommodate forecasted growth to the horizon of this Plan. (Growth Plan, 2020) Excess Soil Soil, or soil mixed with rock that has been excavated as part of a project and removed from the project area for the project as defined under O.Reg 406/19 under the Environmental Protection Act. Freight-Supportive In regard to land use patterns, means transportation systems and facilities that facilitate the movement of goods. This includes policies or programs intended to support efficient freight movement through the planning, design and operation of land use and transportation systems. Approaches may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. (PPS, 2020) Frequent Transit A public transit service that runs at least every 15 minutes in both directions throughout the day and into the evening every day of the week. Fringe Lands Fringe land is the area between the agricultural/rural countryside and the built-up city/suburbs. It can further be described as the edge of the urban region where patterns of building development and non-development interweave. The urban fringe is often an area with contrasting land uses and compatibility conflicts. Urban design can play a role in mitigating conflicts and transitioning land uses in these fringe areas. Green Infrastructure Natural and human-made elements that provide ecological and hydrologic functions and processes. Green infrastructure can include components such as natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces, and green roofs. (PPS, 2020) Page 512 of 703 APPENDIX 5 Glossary of Terms – Page 7 Draft August 2021 Greyfield Sites Previously developed properties that are not contaminated. They are usually, but not exclusively, former commercial properties that may be underutilized, derelict, or vacant. (Growth Plan, 2020 Consolidation) Hamlets Small, rural settlements that are long-established and identified in official plans. These communities are serviced by individual private on-site water and/or private wastewater services, contain a limited amount of undeveloped lands that are designated for development and are subject to official plan policies that limit growth. Higher Order Transit Transit that generally operates in partially or completely dedicated rights-of-way, outside of mixed traffic, and therefore can achieve levels of speed and reliability greater than mixed-traffic transit. Higher order transit can include heavy rail (such as subways and inter-city rail), light rail, and buses in dedicated rights-of-way. (Growth Plan, 2020) Individual On-Site Sewage Service A sewage disposal system, other than a holding tank, that is designed and constructed in accordance with applicable Provincial requirements and owned, operated, and managed by the owner of the property upon which the system is located. Individual on-site water service An individual, autonomous water supply system that is designed and constructed in accordance with the Ministry of the Environment Guidelines or other guidelines approved by the municipality and owned, operated, and managed by the owner of the property upon which the system is located. Industrial Effluent System Systems which convey and discharge the by-product from an industrial process that can contain contaminants from non-domestic wastes. Infrastructure Physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: municipal services, septage treatment systems, stormwater management systems, waste management systems, electricity generation facilities, electricity transmission and distribution systems, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities. (PPS, 2020) Page 513 of 703 APPENDIX 5 Glossary of Terms – Page 8 Draft August 2021 Intake Protection Zone An area as delineated in Schedule D of this Plan and in the Source Protection Plan for the Niagara Peninsula Source Protection Area that surrounds a municipal surface water intake and within which it is desirable to regulate or monitor drinking water threats. Where a conflict in mapping arises, the Source Protection Plan shall prevail. Intensification The development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfields; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings. (PPS, 2020) Interface The physical relationship between two or more uses, such as, a building and street. It is the intent of urban design to reinforce this relationship and increase its impacts positively on the public realm. Lateral Connection The point at which a sewer or water line coming out from homes and businesses connects to the municipal sewer or water line. Legal or Technical Reasons Severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot (PPS, 2020). Low and Moderate Income Households In the case of ownership housing, households with incomes in the lowest 60 per cent of the income distribution for the regional market area; or in the case of rental housing, households with incomes in the lowest 60 per cent of the income distribution for renter households for the regional market area. (Growth Plan, 2020) Low Impact Development An approach to stormwater management that seeks to manage rain and other precipitation as close as possible to where it falls to mitigate the impacts of increased runoff and stormwater pollution. It typically includes a set of site design strategies and Page 514 of 703 APPENDIX 5 Glossary of Terms – Page 9 Draft August 2021 distributed, small-scale structural practices to mimic the natural hydrology to the greatest extent possible through infiltration, evapotranspiration, harvesting, filtration, and detention of stormwater. Low impact development can include, for example: bio- swales, vegetated areas at the edge of paved surfaces, permeable pavement, rain gardens, green roofs, and exfiltration systems. Low impact development often employs vegetation and soil in its design, however, that does not always have to be the case and the specific form may vary considering local conditions and community character. (Growth Plan, 2020) Major Facilities Facilities which may require separation from sensitive land uses, including but not limited to airports, manufacturing uses, transportation infrastructure and corridors, rail facilities, marine facilities, sewage treatment facilities, waste management systems, oil and gas pipelines, industries, energy generation facilities and transmission systems, and resource extraction activities. (PPS, 2020) Major Goods Movement Facilities and Corridors Transportation facilities and corridors associated with the inter- and intra-provincial movement of goods. Examples include: inter-modal facilities, ports, airports, rail facilities, truck terminals, freight corridors, freight facilities, and haul routes and primary transportation corridors used for the movement of goods. Approaches that are freight- supportive may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. (PPS, 2020) Major Institutional Uses Major trip generators that provide essential services for every stage of life and benefit from being close to urban services and amenities. Generally, major institutional uses are considered post-secondary institutions (i.e., colleges, universities, and trade schools), health care facilities and research centres (i.e., hospitals); and corporate government headquarters. Major Office Use Freestanding office buildings of approximately 4,000 square metres of floor space or greater, or with 200 jobs or more. (Growth Plan, 2020 Consolidation) Major Retail / Major Commercial Uses Large-scale or large-format stand-alone retail stores or retail centres that have the primary purpose of commercial activities. (based on Growth Plan, 2020 Consolidation) Page 515 of 703 APPENDIX 5 Glossary of Terms – Page 10 Draft August 2021 Major Transit Station Areas The area including and around any existing or planned higher order transit station or stop within a settlement area; or the area including and around a major bus depot in an urban core. Major transit station areas generally are defined as the area within an approximate 500 to 800 metre radius of a transit station, representing about a 10-minute walk. (PPS, 2020) Major Trip Generators Origins and destinations with high population densities or concentrated activities which generate many trips (e.g., urban growth centres and other downtowns, major office and office parks, major retail / major commercial, employment areas, community hubs, large parks and recreational destinations, post-secondary institutions and other public service facilities, and other mixed-use areas). (based on Growth Plan, 2020 Consolidation) Marine Facilities Ferries, harbours, ports, ferry terminals, canals and associated uses, including designated lands for future marine facilities. (PPS, 2020) Minerals Metallic minerals and non-metallic minerals as herin defined, but does not include mineral aggregate resources or petroleum resources. Metallic minerals means those minerals from which metals (e.g. copper, nickel, gold) are derived. Non-metallic minerals means those minerals that are of value for intrinsic properties of the minerals themselves and not as a source of metal. They are generally synonymous with industrial minerals (e.g. asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, and wollastonite) (PPS, 2020). Mineral Aggregate Operation a) lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act; b) for lands not designated under the Aggregate Resources Act, established pits and quarries that are not in contravention of municipal zoning by-laws and including adjacent land under agreement with or owned by the operator, to permit continuation of the operation; and c) associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. (PPS, 2020) Page 516 of 703 APPENDIX 5 Glossary of Terms – Page 11 Draft August 2021 Mineral Deposits Areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present or future extraction (PPS, 2020). Mineral Mining Operation Mining operations and associated facilities, or, past producing mines with remaining mineral development potential that have not been permanently rehabilitated to another use (PPS, 2020). Minimum Distance Separation Formulae The formulae and guidelines developed by the Province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. (PPS, 2020) Multimodal Transportation System A transportation system which may include several forms of transportation such as automobiles, walking, trucks, cycling, buses, rapid transit, rail (such as commuter and freight), air and marine. (PPS, 2020) Municipal Comprehensive Review A new official plan, or an official plan amendment, initiated by an upper-or single-tier municipality under section 26 of the Ontario Planning Act that comprehensively applies the policies and schedules of this Plan. (Growth Plan, 2020 Consolidation) Municipal Water and Wastewater Systems/Services Municipal water systems/services are all or part of a drinking-water system: a) that is owned by a municipality or by a municipal service board established under section 195 of the Municipal Act, 2001; b) that is owned by a corporation established under section 203 of the Municipal Act, 2001; c) from which a municipality obtains or will obtain water under the terms of a contract between the municipality and the owner of the system; or d) that is in a prescribed class of municipal drinking-water systems as defined in regulation under the Safe Drinking Water Act, 2002. And, municipal wastewater systems/services are any sewage works owned or operated by a municipality. (Growth Plan, 2020 Consolidation and modified for this Plan) Page 517 of 703 APPENDIX 5 Glossary of Terms – Page 12 Draft August 2021 Natural Heritage Features and Areas Features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands, fish habitat, significant woodlands and significant valleylands, habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Natural Heritage System atures and areas, and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species, and ecosystems. The system can include key natural heritage features, key hydrologic features, federal and provincial parks and conservation reserves, other natural heritage features and areas, lands that have been restored or have the potential to be restored to a natural state, associated areas that support hydrologic functions, and working landscapes that enable ecological functions to continue. (Growth Plan, 2020) Niagara Economic Gateway The total geographic area of the local municipalities a part of the Gateway Economic Centre or Gateway Economic Zone. A system made up of natural heritage fe Normal Farm Practices A practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act (PPS, 2020). Office Parks Employment areas or areas where there are significant concentrations of offices with high employment densities. (Growth Plan, 2020 Consolidation) On-Farm Diversified Uses On a farm; secondary use; limited in area; includes, but is not limited to, home occupations, home industries, agri-tourism uses and value-added uses; compatible with surrounding agricultural operations. Page 518 of 703 APPENDIX 5 Glossary of Terms – Page 13 Draft August 2021 Petroleum Resources Oil, gas, and salt (extracted by solution mining method) and formation water resources which have been identified through exploration and verified by preliminary drilling or other forms of investigation. This may include sites of former operations where resources are still present or former sites that may be converted to underground storage for natural gas or other hydrocarbons (PPS, 2020). Petroleum Resource Operation Oil, gas and salt wells and associated facilities and other drilling operations, oil field fluid disposal wells and associated facilities, and wells and facilities for the underground storage of natural gas and other hydrocarbons (PPS, 2020). Place-Making The purposeful planning, and design of buildings, public realm, and transportation systems to achieve attachment to a place. Planned Corridors Corridors or future corridors which are required to meet projected needs, and are identified through this Plan, preferred alignment(s) determined through the Environmental Assessment Act process, or identified through planning studies where the Ministry of Transportation, Ministry of Energy, Northern Development and Mines, Metrolinx, or Independent Electricity System Operator (IESO) or any successor to those Ministries or entities, is actively pursuing the identification of a corridor. Approaches for the protection of planned corridors may be recommended in guidelines developed by the Province. (Growth Plan, 2020 Consolidation) Prime Agricultural Area Areas where prime agricultural lands predominate. This includes areas of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture and Food using guidelines developed by the Province as amended from time to time. A prime agricultural area may also be identified through an alternative agricultural land evaluation system approved by the Province (PPS, 2020). Prime Agricultural Land Means specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order of priority for protection (PPS, 2020). Page 519 of 703 APPENDIX 5 Glossary of Terms – Page 14 Draft August 2021 Province The Province of Ontario or the relevant Minister of the Provincial government. Provincially Significant Employment Zones (PSEZs) Areas defined by the Minister in consultation with affected municipalities for the purpose of long-term planning for job creation and economic development. Provincially significant employment zones can consist of employment areas as well as mixed-use areas that contain a significant number of jobs. (Growth Plan, 2020 Consolidation) Public Realm The publicly owned places and spaces that are accessible by everyone. These can include municipal streets, lanes, squares, plazas, sidewalks, trails, parks, open spaces, waterfronts, public transit systems, conservation areas, and civic buildings and institutions. Public Service Facilities Lands, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, long-term care services, and cultural services. Public service facilities do not include infrastructure. (PPS, 2020) Public Works Projects Construction projects, such as roads, highways or dams, bridges and waterworks financed by public funds and constructed by or under contract with the Region or local municipality for the benefit or use of the public. Rail Facilities Rail corridors, rail sidings, train stations, inter-modal facilities, rail yards and associated uses, including designated lands for future rail facilities. (PPS, 2020). Redevelopment The creation of new units, uses or lots on previously developed land in existing communities, including brownfield sites. Regional Market Area An area that has a high degree of social and economic interaction. The boundaries of the Niagara Region will serve as the regional market area for the purposes of assessing housing market conditions. (PPS, 2020 and modified for this Plan) Page 520 of 703 APPENDIX 5 Glossary of Terms – Page 15 Draft August 2021 Residence Surplus to a Farming Operation An existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation). (PPS, 2020). Resilience Definition to be added. Risk Management Official A person appointed under Part IV of the Clean Water Act, 2006, by the Council of a municipality that has authority to pass by-laws respecting water production, treatment, and storage under the Municipal Act, 2001 (Source Protection Plan for the Niagara Source Protection Area). Rural Areas A system of lands within local municipalities that may include rural settlements, rural lands, prime agricultural areas, natural heritage features and areas, and resource areas. (PPS, 2020) Rural Lands Lands which are located outside settlement areas and which are outside prime agricultural areas. (PPS, 2020) Rural Settlements Existing hamlets that are delineated in Schedule B of the Niagara Official Plan. These communities are serviced by individual private on-site water and/or private wastewater systems, contain a limited amount of undeveloped lands that are designated for development and are subject to Official Plan policies that limit growth. All settlement areas that are identified as hamlets in the Greenbelt Plan, or as minor urban centres in the Niagara Escarpment Plan are considered rural settlement areas for the purposes of this Plan, including those that would not otherwise meet this definition. (Growth Plan, 2020 Consolidation and modified for this Plan) Sense of Place The emotional attachments, meanings and identities people develop or experience in particular locations and environments. It is also used to describe the distinctiveness or unique character of a place. Page 521 of 703 APPENDIX 5 Glossary of Terms – Page 16 Draft August 2021 Sensitive Land Uses Buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples may include, but are not limited to: residences, day care centres, and educational and health facilities. (PPS, 2020) Settlement Areas Urban areas and rural settlements within local municipalities (such as cities, towns, villages and hamlets) that are: a) built up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an Official Plan for development in accordance with the policies of this Plan. Where there are no lands that have been designated for development, the settlement area may be no larger than the area where development is concentrated. (Growth Plan, 2020 Consolidation and modified for this Plan) Sewage Works Any works for the collection, transmission, treatment and disposal of sewage or any part of such works but does not include plumbing to which the Building Code Act, 1992 applies. For the purposes of this definition: Sewage includes, but is not limited to drainage, storm water, residential wastes, commercial wastes and industrial wastes. Significant In regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for determining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act. Significant drinking water treats or significant threat A threat that, according to a risk assessment, poses or has the potential to pose a significant risk to the quality of municipal drinking water (Based on the Source Protection Plan for the Niagara Source Protection Area). Site Alteration The removal of topsoil and activities such as filling, grading and excavation that would change the landform, grade of the land and natural vegetative Page 522 of 703 APPENDIX 5 Glossary of Terms – Page 17 Draft August 2021 characteristics of the land. This does not include the reconstruction, repair or maintenance of a drain approved under the Drainage Act. Smart City Definition to be added. Soil Management Plan A plan completed by a professional engineer or geoscientist that outlines the condition of soil at a source site where soil is excavated. (Best Management Practices for Excess Soil and modified for this Plan) Source Protection Plan A drinking water source protection plan prepared under of the Clean Water Act, 2006 (Source Protection Plan for the Niagara Source Protection Area). Source Water Water in its natural or raw state, prior to being drawn into a municipal drinking water system (Source Protection Plan for the Niagara Source Protection Area). Specialized Housing Needs Any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living. Examples include, but are not limited to, long-term care homes, adaptable and accessible housing, and housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for older persons. (Based on the PPS, 2020 and modified for this Plan) Specialty Crop Area Areas designated using guidelines developed by the Province, as amended from time to time. In these areas, specialty crops are predominantly grown such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil, usually resulting from: a) soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; b) farmers skilled in the production of specialty crops; and c) a long-term investment of capital in areas such as crops, drainage, infrastructure and related facilities and services to produce, store, or process specialty crops. (PPS, 2020). Page 523 of 703 APPENDIX 5 Glossary of Terms – Page 18 Draft August 2021 Specialty Crop Guidelines Guidelines developed by the Region or Province, as amended from time to time (Developed from the PPS definition of specialty crop area and modified for this Plan). Stormwater management facility A facility for the treatment, retention, infiltration or control of stormwater. Stormwater master plan A long-range plan that assesses existing and planned stormwater facilities and systems and outlines stormwater infrastructure requirements for new and existing development within a settlement area. Stormwater master plans are informed by watershed planning and are completed in accordance with the environmental assessment processes under the Environmental Assessment Act 1990, as amended. Strategic Growth Areas Within settlement areas, nodes, corridors, and other areas that have been identified in Schedule B to be the focus for accommodating intensification and higher-density mixed uses in a more compact built form. Strategic growth areas include urban growth centres, major transit station areas, and other major opportunities that may include infill, redevelopment, brownfield sites, the expansion or conversion of existing buildings, or greyfields. Lands along major roads, arterials, or other areas with existing or planned frequent transit service or higher order transit corridors may also be identified as strategic growth areas. (Growth Plan, 2020) Subwatershed An area that is drained by a tributary or some defined portion of a stream. Sustainable Definition to be added. Sustainable Design The design of the urban environment that is resilient to the impacts of climate change, (achieves complete communities, low impact development, active transportation, and complete streets, reduces consumption of non-renewable resources, minimizes waste, supports energy conservation and efficiency, reduces greenhouse gas emissions, and improves air quality), and reduces or eliminates other negative environmental impacts. Temporary Storage Site Sites owned or controlled by the owner/operator of a source site or receiving site, at which excess soil is temporarily stored for 2 years or less. Includes sites to Page 524 of 703 APPENDIX 5 Glossary of Terms – Page 19 Draft August 2021 treat, remediate and transfer excess soil to other sites for final placement or disposal (Best Management Practices for Excess Soil and modified for this Plan). Transit-supportive Relating to development that makes transit viable and improves the quality of the experience of using transit. It often refers to compact, mixed-use development that has a high level of employment and residential densities. Transit-supportive development will be consistent with Ontario’s Transit Supportive Guidelines. (Growth Plan, 2020) Transport pathway In respect of an intake protection zone, means works or any other thing that reduces the time it takes for a contaminant to reach a surface water intake and may include storm sewers, discharge pipes, utility trenches, ditches, swales, drainage works or any other types of drain (2017 Technical Rules under the Clean Water Act). Transportation System A system consisting of corridors and rights-of-way for the movement of people and goods, and associated transportation facilities including transit stops and stations, cycle lanes, bus lanes, high occupancy vehicle lanes, rail facilities, park-and-ride lots, service centres, rest stops, vehicle inspection stations, inter-modal terminals, harbours, and associated facilities such as storage and maintenance. Urban Agriculture Within urban areas, agricultural production of food and non-food products accessory to the principle use of a property. Examples of urban agriculture include community, school, and rooftop gardens, ground-based outdoor community and urban market gardens, urban livestock, and hydroponic farms. Urban Areas Lands located within a defined boundary as identified in Schedule B. Urban areas are made up of built-up areas, designated greenfield areas and excess lands and does not include hamlets. Utility Any system, works, plant, pipeline, or equipment providing a service necessary to the public interest including but not limited to electric power generation and transmission, stormwater management, water supply, sewage treatment and disposal, waste management, communications and telecommunications, and oil and gas pipelines and associated facilities. Page 525 of 703 APPENDIX 5 Glossary of Terms – Page 20 Draft August 2021 Waste Disposal Sites The application of untreated septage, the storage, treatment, and discharge of tailings from mines and waste disposal sites as defined under Part V of the Ontario Environmental Protection Act, 1990 with respect to Source Water Protection. Waste Management Waste management includes the activities and actions required to manage waste from its inception to its final disposal. This includes the collection, transport, treatment, and disposal of waste, together with monitoring and regulation of the waste management process. Wastewater Treatment Plant/Facility The part of a sewage works that treats or disposes of sewage but does not include the part of the sewage works that collects or transmits sewage. Wastewater Services Any works provided by the municipality for the collection, lateral connection, transmission, and treatment of sewage that are connected to a centralized wastewater treatment facility. Water Budget An accounting of the inflow to, outflow from, and storage changes of water in a hydrologic unit. Water Services Any works provided by the municipality for the distribution, lateral connection, transmission, and treatment of drinking water. Watershed Planning Planning that provides a framework for establishing goals, objectives, and direction for the protection of water resources, the management of human activities, land, water, aquatic life, and resources within a watershed and for the assessment of cumulative, cross-jurisdictional, and cross-watershed impacts. Watershed planning typically includes: watershed characterization, a water budget, and conservation plan; nutrient loading assessments; consideration of the impacts of a changing climate and severe weather events; land and water use management objectives and strategies; scenario modelling to evaluate the impacts of forecasted growth and servicing options, and mitigation measures; an environmental monitoring plan; requirements for the use of environmental best management practices, programs, and performance measures; criteria for evaluating the protection of quality and quantity of water; the identification Page 526 of 703 APPENDIX 5 Glossary of Terms – Page 21 Draft August 2021 and protection of hydrologic features, areas, and functions and the inter-relationships between or among them; and targets for the protection and restoration of riparian areas. Page 527 of 703 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca September 7, 2021 CL 15-2021, August 26, 2021 PEDC 8-2021, August 11, 2021 PDS 33-2021, August 11, 2021 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Niagara Official Plan: Land Needs Assessment and Settlement Area Boundary Review Update PDS 33-2021 Regional Council, at its meeting held on August 26, 2021, passed the following recommendation of its Planning & Economic Development Committee: That Report PDS 33-2021, dated August 11, 2021, respecting Niagara Official Plan: Land Needs Assessment and Settlement Area Boundary Review Update, BE RECEIVED and the following recommendations BE APPROVED: 1. That Council ENDORSE, in principle, the use of the Made-in-Niagara Forecast and the Revised Land Needs Assessment (Appendix 1 of Report PDS 33-2021), to advance the Niagara Official Plan, the Water and Wastewater Master Plan, the Transportation Master Plan, the Development Charge Background Study and By- law, and other Regional programs; and 2. That Report PDS 33-2021 BE CIRCULATED to local area municipalities, partner agencies and the Province. A copy of PDS 33-2021 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :cv CLK-C 2021-146 Page 528 of 703 Niagara Official Plan: Land Needs Assessment and Settlement Area Boundary Review Update September 7, 2021 Page 2 CC: M. Sergi, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services G. Bowie, Senior Planner, Planning and Development Services Page 529 of 703 PDS 33-2021 August 11, 2021 Page 1 Subject: Niagara Official Plan: Land Needs Assessment and Settlement Area Boundary Review Update Report to: Planning and Economic Development Committee Report date: Wednesday, August 11, 2021 Recommendations 1. That Council ENDORSE, in principle, the use of the Made-in-Niagara Forecast and the Revised Land Needs Assessment (Appendix 1 of Report PDS 33-2021), to advance the Niagara Official Plan, the Water and Wastewater Master Plan, the Transportation Master Plan, the Development Charge Background Study and By- law, and other Regional programs; and 2. That Report PDS 33-2021 BE CIRCULATED to local area municipalities, partner agencies and the Province. Key Facts • This report recommends a “Made-in-Niagara” growth forecast to 2051. The Forecast is a land needs assessment (“LNA”) derived from the Provincial Land Needs Methodology. The Region must conform to the Provincial requirements, including this Methodology. • The Made-in-Niagara Forecast provides a 2051 population of 694,000 people and 272,000 jobs. • The Made-in-Niagara Forecast is similar to the previously-released forecast from May 2021, provided in the May Joint Report PDS 17-2021. Population forecasts have increased slightly in two municipalities to account for market demand and provide additional affordable housing options. Importantly, the updates since May are focussed exclusively in built-up areas – not greenfields – meaning that it does not result in additional residential land needed through urban boundary expansions. • The Made-in-Niagara Forecasts and updated LNA result in a Region-wide net community area land need of 495 Ha and net employment area land need of 210 Ha. The Region-wide intensification rate is 60%, which is 10% greater than the minimum Page 530 of 703 PDS 33-2021 August 11, 2021 Page 2 ______________________________________________________________________ required. Density is 50 people and jobs per Ha for greenfields and larger densities in the Region’s Strategic Growth Areas. • Feedback was carefully considered in making this recommendation. Staff have considered other key interests, like the Natural Environment System (“NES”), agricultural system, and affordability. • The Forecasts need to be endorsed in principle at this time. These are used to make decisions about changes to urban and rural boundaries (called the Settlement Area Boundary Review or “SABR”). They are also used as part of the Niagara 2051 program to inform the Water/Wastewater Master Servicing Plan and Transportation Master Plan. The Region’s infrastructure is paid for through Development Charges based on this information. • Changes to municipal boundaries through the SABR can only occur as part of the Region’s new Official Plan (with very limited exceptions). Staff need endorsement of the Made-in-Niagara Forecasts to move forward with the SABR. No decisions on SABR itself are requested now - that will be reported on further this Fall. • The Forecasts and updated LNA are sought for endorsement in principle to allow the programs noted above to move forward. Adjustments to the forecasts are likely, prior to finalizing, to reflect any recommended employment conversions and other matters. This will be provided for consideration at a future Council meeting. Financial Considerations There are no financial considerations directly related to this report. However, as described below, a decision on the Made-in-Niagara Forecast is critical to establishing the 2022 Development Change By-law where growth-related costs are recovered. This report is prepared as part of the Niagara Official Plan (“NOP”) program. Council approved the resources to complete the NOP over a 5 year period as part of the 2017 Budget Process. The growth forecasts identified here will be used in the upcoming revisions to the Water and Wastewater Master Servicing Plan (“MSP”), Transportation Master Plan (“TMP”) and Development Charges Study (“DCS”). Those studies identify projects to be built based on the growth forecasts. Page 531 of 703 PDS 33-2021 August 11, 2021 Page 3 ______________________________________________________________________ The DCS sets out a calculation of how all or a portion of those costs can be recovered through development charges. The Development Charge By-law must be passed in advance of current by-law expiry in August 2022. The Made-in-Niagara Forecasts are needed at this time for the inputs to the Development Charges work so that program can be advanced in time for the August 2022 deadline. Analysis On May 20, 2021, Regional Council received PDS 17-2021 Niagara Official Plan Consolidated Policy Report (the “May Joint Report”). The May Joint Report provided a comprehensive update on the NOP process and draft materials for consultation with local municipalities, stakeholders and public. Staff asked for feedback by July 2, 2021 so it could be considered as part of this report, among other things. Feedback has been carefully considered and is described further below. Two separate reports are advanced at this time. This report (PDS 33-2021) relates to the updated Made-in-Niagara forecasts and its relationship to SABR and Niagara 2051. A second, related report, is PDS 32-2021, provided at this same August 11, 2021 PEDC meeting. That report speaks to the additional work that has occurred relating to other Official Plan matters since the May Joint Report. Although these reports are under separate cover, they have been prepared comprehensively with continued consideration of integrated planning of the new NOP. At this time, the Region seeks endorsement in principle of the Made-in-Niagara Forecast. This allows the SABR program to move forward, and advancement of the Niagara 2051 work, including the Development Charges By-law. Adjustments to the forecast and LNA are likely to be proposed prior to finalizing these documents. As described further below, employment conversion requests have not yet been considered. Depending on the outcome of that review, the forecast and LNA may be revised for Council consideration. Further, the Provincial Land Needs Assessment Methodology contemplates that final adjustments may be made, after all other steps are undertaken, to account for specific circumstances like vacancy rates, constrained land from infrastructure, lands that may not develop because of landowner choice, and other economic or demographic factors. Page 532 of 703 PDS 33-2021 August 11, 2021 Page 4 ______________________________________________________________________ Revised forecasts and LNA will be provided to Council in a future report for consideration. Growth Forecast Consultation A Place to Grow (2020) (“Growth Plan”) establishes a minimum population and employment forecasts for upper- and single-tier municipalities in the Greater Golden Horseshoe. The Region must plan for these minimum forecasts and assign the forecast to local municipalities. The Region has done significant forecasting work over several years. Most recently, its forecasting work was set out as part of the May Joint Report, PDS 17-2021 Appendix 3.3 (https://www.niagararegion.ca/official-plan/pdf/pds-17-2021-appendix-3-3.pdf), Growth Allocation Update to 2051 (Hemson, 2021). This work aligned regional forecasts with the recently-released 2020 Growth Plan (the “May 2021 Forecast”). The May 2021 Forecasts distributed the minimum Growth Plan Schedule 3 forecast of 674,000 people and 272,000 jobs throughout Niagara’s 12 municipalities. Forecasts were distributed based on the Preferred Growth Option, established through Niagara 2041 (Niagara 2041: Preferred Growth Option (Hemson, 2019), with revisions made based on the new 2051 planning horizon and emerging development trends. This was based on the 2020 Growth Plan and a newly released Provincial LNA Methodology. The May 2021 forecasts provided information on housing mix within each municipality and areas within them. This work was done to show how the forecasts represent market-based housing demand and support affordable housing. The May Joint Report also provided specific data on affordability. Appendix 5.2, Niagara Region Housing Affordability and Growth Plan 2051 (CANCEA, 2021) set out that achieving the minimum Growth Plan forecast of 674,000 people would keep the Region’s Core Housing need at 13%. The CANCEA conclusion was clear: if the Region grew too slowly, affordability would worsen. The Region also released its Regional Structure through the May Joint Report. The Regional Structure identified locations and density targets for Strategic Growth Areas (SGAs). SGAs will accommodate a significant amount of growth, support infrastructure investment and contribute to complete communities. Page 533 of 703 PDS 33-2021 August 11, 2021 Page 5 ______________________________________________________________________ On many occasions before and after the May Joint Report release, the Region met individually with planning staff at each local municipality to discuss growth forecasts, SGAs, intensification rates, densities, and related matters. Since May 2021, the Region held five public information centres (PICs) and held dozens of meetings with interested parties about these same growth-related matters. Additionally, the Region progressed on the TMP, MSP, and DCS update. This process involves a Niagara 2051 working group of various staff across many departments and consultation events held in the spring 2021. Almost all feedback was supportive of the Region’s process. The Region received comments on specific aspects of its May 2021 forecasts, with some parties recommending adjustments or changes reflecting a variety of interests. Importantly, there was general public support, and local planning staff support, of the Region’s overall land needs program and the Regional Structure components. A comment summary of the land needs-related comments is provided in Appendix 3. The full set of comments received can be viewed here: Niagara Official Plan (https://www.niagararegion.ca/official-plan/). Additional comments, unrelated to land needs, are reported in PDS 32-2021. Since the release of the May 2021 Forecasts, the Region carefully considered feedback received. Staff also conducted a further review of individual growth areas and existing and proposed development applications. Additional progress on the detailed work towards finalizing the NES has been made since May 2021. On this basis, Staff recommend two categories of change be made to what was released in May 2021. The first is additional intensification growth be allocated to Lincoln and Welland. The second is including the most current information on the NES. These topics are described in the following sections of this report. Page 534 of 703 PDS 33-2021 August 11, 2021 Page 6 ______________________________________________________________________ Summary of Changes to the Land Needs Assessment The Growth Plan (2020) allows Niagara to use alternative growth forecasts beyond those identified in Growth Plan Schedule 3. The Made-in-Niagara Forecast is an alternative growth forecast. This alternative growth forecast can be only be advanced by a Region or single-tier government. Details of the Made-in-Niagara Forecast are provided in Appendix 1. This is a revised version of Appendix 3.2 (https://www.niagararegion.ca/official-plan/pdf/pds-17-2021- appendix-3-2.pdf) of the May Joint Report. The Province provided three growth scenarios in its draft materials for the 2020 Growth Plan. One of those scenarios was a high growth forecast of 700,000 people for Niagara. At that time, Niagara Region staff supported the high scenario. The proposed, Made-in-Niagara Forecast of 694,000 people is slightly below this high scenario identified by the Province. The May 2021 Forecast identified a total population of 674,000 people. The additional 20,000 people above the May 2021 forecast have been allocated to Lincoln and Welland. Lincoln’s 2051 population has been revised from 35,660 to 45,660 in the current forecast. Welland’s 2051 population has been revised from 73,000 to 83,000. Based on the analysis and consultation noted in the previous section, the Region proposes the following Preliminary Municipal Growth Allocations: 2021 and 2051 (i.e. the Made-in-Niagara Forecast): Page 535 of 703 PDS 33-2021 August 11, 2021 Page 7 ______________________________________________________________________ Table 1: Preliminary Municipal Growth Allocations: 2021 and 2051 Municipality Population 2021 Population 2051 Households 2021 Households 2051 Employment 2021 Employment 2051 Fort Erie 33,930 48,050 14,150 21,510 10,530 17,430 Grimsby 30,300 37,000 11,470 16,070 10,690 14,670 Lincoln 26,860 45,660 9,590 19,405 11,390 15,960 Niagara Falls 97,220 141,650 38,520 58,740 37,780 58,110 Niagara-on-the-Lake 19,970 28,900 7,910 12,500 11,800 16,960 Pelham 19,320 28,830 7,150 11,280 4,810 7,140 Port Colborne 19,250 23,230 8,210 10,500 5,910 7,550 St. Catharines 140,250 171,890 58,550 78,320 61,780 81,010 Thorold 24,440 39,690 9,230 15,660 8,530 12,080 Wainfleet 7,000 7,730 2,580 3,040 1,400 1,830 Welland 56,210 83,000 23,610 37,540 18,030 28,790 West Lincoln 16,370 38,370 5,330 14,060 4,460 10,480 Niagara Region 491,120 694,000 196,300 298,645 187,110 272,000 Revised Intensification Rates Through the comments received and additional analysis done by the Region, Staff determined that the draft May 2021 Forecasts for Lincoln and Welland were likely to be achieved earlier than set out. In our view, higher forecasts were required to ensure alignment with infrastructure investment and to better align with planned development. In Lincoln and Welland, the additional growth proposed is within the existing urban, built up areas with development or redevelopment potential. Thus, this is considered “intensification” growth. This kind of development supports a broader, more affordable housing mix of more townhouses and apartment units. These changes reflect the planned infrastructure to sustain the anticipated growth. The Region seeks to proactively plan to accommodate the growth to ensure communities are more sustainable, better connected, healthy and safe. As note above, the additional forecasted growth to Lincoln and Welland are within the built-up areas as intensification. In other words, more development is proposed within the existing boundaries. There is no impact to Community Area (residential/mixed use) land need to accommodate this additional population and these changes do not result in need for additional land through boundary expansions. Page 536 of 703 PDS 33-2021 August 11, 2021 Page 8 ______________________________________________________________________ The “intensification rate” is a measure of how much growth is going to built-up areas rather than new greenfield areas. In the updated Forecast, Lincoln’s intensification rate has increased from 80% to 90%, and Welland’s from 60% to 75%. When these changes are incorporated to a Region-wide average, the Region’s intensification rate increases from 56% to 60%. Table 2 is the revised intensification rates by municipality and the overall Region rate. Table 2: Revised Intensification Rates to 2051 Municipality Intensification Rate Fort Erie 50% Grimsby 98% Lincoln 90% Niagara Falls 50% Niagara-on-the-Lake 25% Pelham 25% Port Colborne 30% St. Catharines 95% Thorold 25% Wainfleet 0% Welland 75% West Lincoln 13% Niagara Region 60% The above paragraphs describe the changes in terms of population and intensification rates – the Region also looks at this in terms of units. The number of additional units proposed is 10,500. These additional units are predominately medium- and high-density housing types, such as townhouses, apartments, and other multi-unit dwellings. Increasing this unit type is key to help address core housing need, driven primarily by affordability. The diversification of Niagara’s existing, low-density housing stock is supported by the Region’s recent housing analyses completed by CANCEA, included in Appendix 5 to the May Joint Report, and noted above. The CANCEA work concluded that more dense forms of housing is needed to support Provincial growth targets, and consequently, to address rates of core housing need over time. Page 537 of 703 PDS 33-2021 August 11, 2021 Page 9 ______________________________________________________________________ In short, more dense forms of housing are needed to address affordability. Updated Natural Environment Work Work on the Natural Environment program has been ongoing for many years. Since May 2021, the Region has refined the analysis of Natural Environment developable area. The most current information suggests a need to remove non- developable lands from the land needs assessment calculation. In other words, more land should be protected than identified in the May 2021 Forecast; in turn, less land is available for development. This results in a greater overall need for land (since less is available for development). This means a small increase of land needed for the Community Area (i.e. residential and mixed use) and a modest increase in land needed for Employment Areas (i.e. mostly industrial areas). At the May 20, 2021 Regional Council meeting, Council directed Staff to prepare materials for Natural Environment System (NES) Options 3B and 3C, with a decision by Council on the preferred NES Option to be made at a later time. Importantly, the land need difference between NES Option 3B and 3C is negligible. Regardless of which NES Option is selected at a later time, the land needs will be similar. For this reason, there is no need to await an Option selection to advance the land needs at this time. When an Option is selected, minor adjustments can be made to the land needs, if needed, before it is finalized.. Community Area Land Needs – Rural Settlement Areas As directed by the Provincial Land Needs Assessment Methodology, an additional assessment was undertaken for Rural Settlement Areas. Niagara has a modest population and employment base outside of urban settlement areas. Growth is anticipated to continue within rural areas and rural settlement areas. Between 2021 and 2051, Hemson Consulting forecast an additional 900 housing units and 8,090 jobs will occur in the rural area. The Rural Settlement Area assessment determines where the forecast growth will occur within the rural areas and if additional land is required within rural settlement areas primarily focussed in Wainfleet and West Lincoln. Page 538 of 703 PDS 33-2021 August 11, 2021 Page 10 ______________________________________________________________________ Further details of the rural settlement area assessment is provided in Appendix 1. August 2021 Preliminary Draft Land Needs Assessment As discussed above, the May 2021 Forecast was refined based on the alternative Made-in-Niagara Forecast, higher Regional intensification rate and recent NES work. The detailed Forecast is provided in Appendix 1. Table 3 below is a summary of the overall preliminary land needs by municipality. Table 3: August 2021 Preliminary Draft Land Needs Assessment Municipality Community Area Land Needs (ha) Employment Area Land Needs (ha) Fort Erie 105 155 Grimsby 5 (5) Lincoln 0 15 Niagara Falls 270 10 Niagara-on-the-Lake 5 (20) Pelham 40 0 Port Colborne (160) (40) St. Catharines 15 30 Thorold (155) (35) Wainfleet 0 0 Welland 0 45 West Lincoln 370 45 Niagara Region (net) 495 210 In the May 2021 Forecast, the Region’s net overall community land need was 460 Ha and net employment area land need was -20 Ha. The net Community Area land need in the current Forecast and LNA is similar to the May 2021 Forecast. The net Employment Area land need is now 210 Ha compared to the previous surplus of 20 Ha. Through consultation with the Province, the Region has also been advised that the LNA should result in a single number for land need; a blended number where Community Area land need and Employment Area land need are combined. This combined net land need is 705 hectares. Page 539 of 703 PDS 33-2021 August 11, 2021 Page 11 ______________________________________________________________________ For the reasons noted elsewhere in this report, adjustments may be made to this preliminary forecast. Those adjustments will be provided to Council for consideration at a later time. Employment Area Requests for Conversion The Region is considering Employment Land Employment Area conversions as part of its new Official Plan. The Provincial Land Needs Assessment Methodology implementation section contemplates that this should be considered for reducing the amount of settlement area expansion required for forecasted growth. Employment land exists both within and outside of Employment Areas in almost all of Niagara’s communities. Through the NOP, the Region is mapping Employment Areas, or clusters of employment uses, to define these boundaries. Employment Areas are of Regional interest as they relate to the provision and protection of employment land employment jobs, typically those within industrial areas and business parks. The Growth Plan contains criteria for conversion of employment lands within an Employment Area and provides direction for when conversions can be considered as part of a Municipal Comprehensive Review. In Niagara’s case, this is the NOP process. Information on conversion criteria considerations was provided in the Employment Policy Paper PDS 17-2021 – Appendix 10.2 (https://www.niagararegion.ca/official- plan/pdf/pds-17-2021-appendix-10-2.pdf). The Region received seven requests for Employment Areas conversions. These requests remain under consideration and will be reported further as part of the SABR review. The conversion requests are summarized in Appendix 3. One of the tests for employment conversion is land need. Based on the current LNA presented with this report, the Region has a demand for 210 Ha more employment area. In other words, on a regional scale, there is a net land need demand for more employment area, not removal of employment area through conversions. However, individual conversion sites remain under review based on local considerations. As indicated above, the review of conversion requests is part of the SABR review, with recommendations to be reported in the fall, including any associated adjustments to the forecast and land needs. Page 540 of 703 PDS 33-2021 August 11, 2021 Page 12 ______________________________________________________________________ Settlement Area Boundary Review Only the Region can make settlement area boundary changes and the NOP is the time to do so. In order to make SABR decisions, the Made-in-Niagara Forecast needs to be endorsed. If not, Staff will not know how much land is needed to review and adjust boundaries accordingly. The SABR will review candidate land adjacent to the existing settlement area boundaries to determine the most appropriate location for settlement area expansion to be accommodated. Regional staff have developed criteria and an assessment process to consider both urban and rural settlement area boundary expansions. The location of SABR expansion requests are mapped on Appendix 2. SABR Assessment Criteria and Process The SABR assessment criteria was developed based on direction from the Provincial Policy Statement (2020), the Growth Plan, and Regional considerations. Staff consulted local area planners on many occasions, as a group and in individual meetings. Local planning staff support the criteria. Additionally, the draft criteria was publically shared as part of the May Joint Report Appendix 18.2 (https://www.niagararegion.ca/official-plan/pdf/pds-17-2021-appendix-18- 2.pdf) for urban areas and Appendix 18.3 (https://www.niagararegion.ca/official- plan/pdf/pds-17-2021-appendix-18-3.pdf) for rural settlement areas. Since that time, until July 2, 2021, the Region received comments on the criteria. With one small site- specific exception, no negative comments on the criteria were received. In fact, in many cases, the draft criteria are already under use by those making submissions to support a SABR request. For these reasons, the Region will continue to use the criteria in its SABR review this summer and fall. The criteria are divided into two parts. The first is an initial screening of the requests. Not all requests could be considered eligible for reasons related to Provincial Plan prohibitions. For example, the Greenbelt Plan prohibits expansion into the Specialty Crop Area and the Niagara Escarpment Plan also prohibits expansion of Minor Urban Page 541 of 703 PDS 33-2021 August 11, 2021 Page 13 ______________________________________________________________________ Centres. The Region has no ability to make these changes, and therefore, these types of requests will not proceed. As a result of this initial screening, 17 requests are being removed from further consideration. If part one is satisfied, a request proceeds to the second part which contains more detailed criteria, including: • Sanitary Servicing • Municipal Water Supply • Transit and Transportation • Environmental Protection and Natural Resources • Agricultural / Agri-food Network • Aggregate Resources • Growth Management To undertake the second part of the SABR process, a review team comprised of regional staff across many disciplines has been assembled (including those relating to water, wastewater natural environment, transportation, aggregates, agriculture and growth management). The team may also draw on additional staff resources, if required, in relation to some topic areas where specific knowledge would assist. Local municipal staff will also participate within their respective areas. For the SABR process, staff will rely on primary sources of study reference and technical data. The expectation is the same sources of information will be used for all sites being reviewed. Additionally, any supplemental information provided by requestors will also be reviewed. Not all SABR requests received have supplemental information – it was not required. The supplemental information will be carefully considered; however, no additional weight is given to those requests that have supplemental information. Some local municipalities have undertaken expansion-related study work or specific comments on expansions that will be carefully considered by the Region’s review team. Criteria for rural settlement area (Hamlet) review differs from the urban SABR. Rural settlement expansion focuses on maintaining rural character and supporting the Page 542 of 703 PDS 33-2021 August 11, 2021 Page 14 ______________________________________________________________________ agricultural community and rural population needs. Rural settlement areas will continue to be serviced through private systems. SABR Request Details The Region received about 87 private owner submissions related to the SABR process. These are specific to the existing Official Plan process; separate from comments made to the Province through the 2017 Coordinated Plan Review (CPR). CPR comments are not currently being processed by the Region (with three exceptions) since these matters are for Provincial review period only. The Region cannot make changes to Provincial Plans as part of the Niagara Official Plan process to accommodate expansion. The three noted exceptions are sites in Lincoln (Albright Manor), Niagara Falls (Cotton Construction), and Niagara-on-the-Lake (Queenston Quarry) that were changed in the Niagara Escarpment Plan to Urban Area or Escarpment Recreation Area during the past review. Since these changes were made by the Province, the Region is processing these sites through its SABR. In addition to the private owner requests for this Official Plan, the Region has received a number of local municipal requests for expansion consideration. The requests have been delivered through local Council resolution and will be reviewed along with all other requests made. Some local municipalities are still working on such recommendations, for circulation to the Region in the near future. Local municipal requests comprise an additional 30 locations to date. In addition to the private requests and municipal requests, noted above, the Region is reviewing additional candidate lands. The Region must consider what lands should be included – whether or not a request has been made – to ensure a holistic and objective review of Provincial policy in determining “the most appropriate location” for expansion. As of writing, the total number of locations for expansions is approximately 147, including all categories described above. A map of the SABR expansion areas is set out in Appendix 2. SABR Consultation In preparing this report, careful consideration was given to comments provided on land needs, SABR requests and criteria, and employment conversions. All comments Page 543 of 703 PDS 33-2021 August 11, 2021 Page 15 ______________________________________________________________________ received prior to July 15, 2021 were reviewed in preparing this report. Comments were requested by July 2, 2021. The Region received over 20 comments related to the LNA. These submissions, as well as responses, are summarized in Appendix 3. Generally, the submissions are favourable and support the direction of the LNA. Some landowners made land need- or conversion- related suggestions specific to their interests. As noted above, the Region also received a number of SABR and conversion requests. These requests have been acknowledged and remain under consideration. Recommendations will be made in the fall. Prior to advancing SABR recommendations, staff will gather public input. The Region has created a public mapping tool that illustrates the requests for expansion and allows for comments. It is available at the following link: Niagara Official Plan (https://www.niagararegion.ca/official-plan/). In addition to the SABR website, additional public consultation is planned to receive input in the candidate locations. This is not intended to be a forum to have requests added or removed from consideration. It will be a dialogue to inform the process and received information on the assessment process and recommendations. Policy Review The Planning Act, 1990 requires all municipal Council decisions to be consistent with, conform to, or not conflict with the applicable Provincial policy. Regional and local planning staff must provide planning advice and make recommendations under the same requirements. Below outlines relevant Provincial Policy for the LNA and SABR process. The Made-in- Niagara Forecast and updated LNA conforms to, is consistent with, and does not conflict with these documents, as applicable. Provincial Policy Statement (PPS), 2020 The PPS, 2020 provides direction on land use planning to promote sustainable, strong communities, a strong economy, and a clean and healthy environment. Page 544 of 703 PDS 33-2021 August 11, 2021 Page 16 ______________________________________________________________________ Section 1.1 - Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns supplies many of the referenced policies appearing in the SABR Assessment Criteria including: “1.1.1 Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting the integration of land use planning, growth management, transit- supportive development, intensification and infrastructure planning to achieve cost- effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; … g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity;” Respecting the policy context for use in the SABR assessment from a community building perspective, the consistent theme of healthy, livable, safe communities that are efficiently designed, cost effective, transit-supportive and integrated, underscores the direction expansion consideration should take while reminding and recognizing future expansion needs to be a consideration. Section 1.1.3 – “Settlement Areas” includes direction for settlement area boundary expansions only at the time of an MCR and only after there has been demonstrated need. New to the 2020 PPS is a policy that refers to satisfying market demand. Policies of Section 1.1.3 also direct that agricultural land and industry be held in regard of decisions being made concerning expansion. This too is reflected in the SABR Criteria to be used in expansion review. Page 545 of 703 PDS 33-2021 August 11, 2021 Page 17 ______________________________________________________________________ Other policies of the PPS, such as Housing, Employment, Infrastructure, Transportation and Wise Use and Management of Resources, all provide important direction for the completion of the LNA and the criteria considerations for the SABR. A Place to Grow - Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan provides a strategic, long-range growth management framework for the Greater Golden Horseshoe area. The Growth Plan supports Ontario’s vision of building stronger, more efficient, prosperous communities through appropriate growth management. Similar to the PPS, the guiding principles of the Growth Plan are focused on achieving complete communities, stimulating economic growth, prioritizing intensification and higher densities to optimize infrastructure investments, and mitigating the adverse impacts of climate change. Policy 2.2.1.5 identifies the Province’s Land Needs Assessment methodology to be used by the Region to assess the quantity of land required to accommodate forecasted growth to 2051. Policy 2.2.8 of the Growth Plan speaks to Settlement Area Boundary Expansions. Specifically, Policy 2.2.8.2 provides the direction for expansions to proceed through the MCR process based on the components and direction of the LNA. Further, Policy 2.2.8.3 requires any expansion be justified based on a comprehensive list of criteria. These policies were used to develop the Region’s SABR criteria and have included consideration for transportation, infrastructure, NES, agricultural lands and operations, and the applicable requirements of other Provincial Plans. The Greenbelt Plan and Niagara Escarpment Plan were also reviewed. The policies of both provide direction for enhancement and protection of the natural and agricultural systems. Expansions into the Greenbelt and Niagara Escarpment areas are prohibited. Next Steps The Region will continue to move forward with the NOP work program. Once the SABR and conversion review process is complete, Staff will prepare a report with recommendations in fall 2021. Page 546 of 703 PDS 33-2021 August 11, 2021 Page 18 ______________________________________________________________________ The Made-in-Niagara Forecasts will be integrated into the Niagara 2051 strategies: the MSP, TMP and DCS and DC By-law. These strategies work together to ensure the planned growth is serviced and paid for. Alternatives Reviewed Alternative 1: Council could not endorse any land needs assessment at this time. This alternative is not recommended as any delay has consequences to the Niagara Official Plan, the MSP, TMP and DCS and DC By-law, for the reasons noted in this report. The Made-in-Niagara Forecasts set out in this Report have been developed to conform to Provincial Policy and are based on significant local planning and public consultation. Alternative 2: Council could endorse a land need assessment that differs from the Made-in-Niagara Forecast set out in this Report. This option is not recommended as the detailed work undertaken led to adjustments to the intensification growth for Welland and Lincoln. Differing from the Made-in-Niagara Forecast could lead to a misalignment between how growth is planned, serviced and paid for through development charges. Relationship to Council Strategic Priorities The land needs assessment and Niagara Official Plan is important to address Council’s priorities, being: • Supporting Businesses and Economic Growth; o Through the identification and protection of employment areas. • Healthy and Vibrant Community; o Through responsible management of growth by directing population and employment allocations as determined through the LNA. o The growth management work will also retain, protect and increase the supply of affordable housing stock to provide a broad range of housing to meet the needs of the community. • Responsible Growth and Infrastructure Planning. Page 547 of 703 PDS 33-2021 August 11, 2021 Page 19 ______________________________________________________________________ o Through coordinating growth with infrastructure investment to support existing and future growth in Niagara. The Made-in-Niagara Forecast will be integrated into Niagara 2051 strategies to ensure the Region is responsibly coordinating work related to growth. Other Pertinent Reports Report PDS 17-2021 – Niagara Official Plan Consolidated Policy Report (May Joint Report) Report PDS 32-2021 – Update on Niagara Official Plan-Further Draft Policy Development ________________________________ Prepared by: Greg Bowie Senior Planner, Long Range Planning ________________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Planning and Development Services ________________________________ Prepared by: Chris Millar, MCIP, RPP, CNU-A Senior Planner, Long Range Planning ________________________________ Submitted by: Ron Tripp, P. Eng. Acting Chief Administrative Officer This report was prepared in consultation with Kirsten McCauley, Senior Planner Long Range Planning, and reviewed by Isaiah Banach, Manager of Long Range Planning and Doug Giles, Director of Community and Long Range Planning Appendices Appendix 1 Niagara Official Plan: Revised Land Needs Assessment Summary (August 2021) Appendix 2 Settlement Area Boundary Review: Request Mapping Page 548 of 703 Page 20 ______________________________________________________________________ Appendix 3 Summary of Comments Received Relating to Land Needs Assessment and Settlement Area Boundary Review Page 549 of 703 NIAGARA OFFICIAL PLAN Revised Land Needs Assessment Summary Results subject to refinement in draft Official Plan. Niagara Region August 2021 Page 550 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 2 Table of Contents Land Needs Assessment Overview ............................................................................ 3 How to Read this Report ............................................................................................ 4 Public Consultation and Engagement ........................................................................ 5 Summary of Updates since the Draft May 2021 Land Needs Assessment ................ 8 Community Area Land Needs Assessment .............................................................. 11 Component 1: Population Forecasts ..................................................................... 11 Component 2: Housing Need ................................................................................ 11 Component 3: Allocation of Housing Need to Local Municipalities ....................... 13 Component 4: Housing Supply Potential by Policy Area ....................................... 15 Component 5: Community Area Jobs ................................................................... 18 Component 6: Need for Additional Land ............................................................... 20 Community Area Land Needs Summary............................................................... 22 Additional Considerations and Revisions .............................................................. 22 Employment Area Land Needs Assessment ............................................................ 23 Component 1: Employment Forecasts .................................................................. 23 Component 2: Employment Allocation .................................................................. 24 Component 3: Employment Area Capacity ........................................................... 25 Component 4: Need for Additional Employment Area Land .................................. 26 Employment Area Land Needs Summary ............................................................. 27 Rural Land Needs Assessment ................................................................................ 28 Land Needs Assessment Results ............................................................................. 29 Conclusion ................................................................................................................ 29 Glossary of Terms .................................................................................................... 30 Page 551 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 3 Land Needs Assessment Overview The Land Needs Assessment (“LNA”) is a technical, Region-led process that determines the amount of land required for each local municipality based on the Provincially-allocated overall growth to 2051. Specifically, the Region must calculate the amount of designated land each local municipality requires to accommodate population, housing and employment forecasts provided in A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“Growth Plan”). The Minister of Municipal Affairs and Housing, as directed by the Growth Plan, released the Land Needs Assessment Methodology for the Greater Golden Horseshoe (the “Methodology”) in August 2020. The Region is required to use the Methodology in combination with the policies of the Growth Plan to determine the amount of land required to accommodate forecasted growth. The Methodology is used to calculate two separate land needs, one for Community Area and one for the Employment Area. Conducting the LNA is an iterative process and requires substantial direction and input from background strategies associated with the Niagara Official Plan (“NOP”) as well as consultation with the public, local municipalities and Province. An earlier Draft LNA Summary was released in May 2021 for the purpose of consultation and refinement. Feedback was received from local municipalities, consultants and the public. Commentary was generally supportive; feedback was made on allocations, methodology assumptions, existing intensification potential and affordable housing. Advancement of related to NOP strategies and Niagara 2051, a joint working group made up of the Transportation Master Plan, Water/W astewater Master Servicing Plan and Development Charge has also occurred since the release of the May 2021 LNA. The Revised LNA presented in this report is based on the feedback received on the May 2021 draft and updates from associated NOP strategies and Niagara 2051. The LNA results provided here are for the purpose of informing the Settlement Area Boundary Review and the Transportation Master Plan, Water/Wastewater Master Servicing Plan and Development Charge Background Study associated with Niagara 2051. The LNA may be further refined through the consolidated Official Plan process later this year. Page 552 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 4 How to Read this Report This report follows the Provincial Methodology process and provides a summary for each component outlined within it. The report does not represent the final land needs assessment; that will be included as a companion to the Official Plan in 2022. The Revised LNA is based on consultation with the Province, local municipalities, stakeholders, public and Niagara 2051 working group. Details on specific revisions and rationale are provided throughout the report. The LNA results presented here should not change significantly over the remainder of the Official Plan program. However, advancement and/or refinement to associated Official Plan Strategies may change the output of the LNA. The Province is the approval authority on the LNA and requires consultation be done prior to submitting the final LNA. The Province has provided feedback on the May 2021 Draft LNA and will continue to be consulted while the LNA is finalized. The Final LNA will be submitted with the consolidated draft Official Plan for Provincial review and approval. A Glossary of Terms is provided at the end of this summary to provide clarity on frequently used terms and terms from Provincial policy. Page 553 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 5 Public Consultation and Engagement The Municipal Comprehensive Review (now called the Niagara Official Plan) was first initiated in 2014 and has been through significant consultation and continuous evolution. The following summary identifies milestone consultation efforts made so far which covered growth allocations and land needs assessment. Project Phase Date Description Niagara 2041: Growth Options November 17, 2015 Public Information Center: Town of Grimsby November 18, 2015 Public Information Centre: City of Port Colborne November 19, 2015 Public Information Centre: City of St. Catharines Council approved Phase 1 and 2 Report (PDS 15-2016) Niagara 2041: Preferred Growth Option June 15, 2016 Public Information Centre: Town of Fort Erie June 16, 2016 Public Information Centre: Township of West Lincoln June 22, 2016 Public Information Centre: City of Welland November 30, 2016 Public Information Centre: City of Niagara Falls December 6, 2016 Public Information Centre: City of Thorold December 7, 2016 Public Information Centre: Town of Niagara-on-the- Lake December 8, 2016 Public Information Centre: Town of Lincoln Page 554 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 6 Project Phase Date Description Preferred Growth Option Forecast approved for Development Charges Study (PDS 37-2016) 2017 Provincial Plan Review and Release of Growth Plan (2018) Regional Council deem Pre-2017 Growth Plan MCR complete and Growth Management work transitioned into new Niagara Official Plan (PDS 21-2018) Niagara Official Plan: Employment Strategy October 10, 2019 Industry Stakeholder Session: Town of Niagara- on-the-Lake Niagara Official Plan: Growth Strategy November 6, 2019 Public Information Centre: City of Thorold November 7, 2019 Public Information Centre: City of Niagara Falls November 13, 2019 Public Information Centre: Town of Grimsby November 14, 2019 Public Information Centre: Town of Fort Erie Niagara Official Plan: Employment Strategy February 25, 2020 Industry Stakeholder Session: Town of Niagara- on-the-Lake Release of Growth Plan (2020) and Revised Land Needs Assessment Methodology Settlement Area Boundary Review Program: Growth Plan Forecasts and Land Needs Assessment Update presented to Council (PDS 29-2020) Niagara Official Plan: Growth Management and Employment Surveys September – October, 2020 Online surveys related to Growth Management and Employment directions and options Niagara Official Plan: Land Needs, Growth Allocations and Settlement Area Boundary Adjustment October 7, 2020 Virtual Public Information Centre Page 555 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 7 Project Phase Date Description Niagara Official Plan: Employment Strategy October 8, 2020 Virtual Public Information Centre Niagara Official Plan Consolidated Policy Report (PDS 17-2021). Appendix 1 to Report PDS 17-2021 provides a detailed list of all Official Plan consultation efforts. Niagara Official Plan: Growing Region June 9, 2021 Virtual Public Information Centre Niagara Official Plan: Vibrant Region June 10, 2021 Virtual Public Information Centre Niagara Official Plan: Competitive Region June 16, 2021 Virtual Public Information Centre Niagara Official Plan: Connected Region June 17, 2021 Virtual Public Information Centre Niagara Official Plan: Sustainable Region June 23, 2021 Virtual Public Information Centre Feedback on Niagara Official Plan Consolidated Report, and associated materials, was requested by July 2, 2021 Page 556 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 8 Summary of Updates since the Draft May 2021 Land Needs Assessment On May 20, 2021, Regional Council received PDS 17-2021, Niagara Official Plan Consolidated Policy Report. The report provided a comprehensive update on the NOP process and draft materials for consultation with local municipalities, stakeholders and public. Staff asked for feedback by July 2, 2021, so it could be considered as part of this report, among other things. Feedback has been carefully considered and is described later in this report. The May 2021 report provided a Draft LNA, based on a Regional forecast of 674,000 people and 272,000 jobs throughout Niagara’s 12 municipalities. Forecasts were distributed based on the Preferred Growth Option, established through Niagara 2041 (Niagara 2041: Preferred Growth Option (Hemson, 2019)), with revisions made based on the extended planning horizon and emerging development trends. Municipal specific forecasts, housing mix and employment mix were all extended to 2051 and provided in PDS 17-2021 Appendix 3, Growth Allocation Update to 2051 prepared by Hemson (“2051 Growth Update Memo”, 2021). Updated forecasts and assessment were based on the 2020 Growth Plan and associated Provincial LNA Methodology (the “Methodology”). The May 2021 Forecasts provided information to address housing mix within each municipality, as well as areas within them (Delineated Built-up Area, Designated Greenfield Area and Rural Area). This was done as a component of 2020 Provincial LNA Methodology and meant to show how the forecasts are representing market- based demand for housing and support affordable housing. The Region retained a consultant to review core housing needs, which is driven primarily by affordability in Niagara. This was reported in PDS 17-2021 Appendix 5.2, Niagara Region Housing Affordability and Growth Plan 2051 (CANCEA, 2021). CANCEA concluded that achieving the minimum Growth Plan forecast would keep the Region’s core housing need at 13%. More growth – particularly more medium and higher density housing – is needed to better address core housing need (i.e. affordability). Before and after the May Joint Report release, the Region met individually with planning staff at each local municipality to discuss growth forecasts, among other things. The Region also held five public meetings and dozens of meetings with Page 557 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 9 interested parties about its forecasts, land needs, and boundary matters. The need to address housing affordability was raised consistently in these meetings. Additionally, the Region has progressed on the Transportation Master Plan (“TMP”), the Water and Wastewater Master Plan (“WMP”) and and its Development Charge Background Study and By-law update (“DCS”). This process is collectively called “Niagara 2051”. It involves a working group of staff across many departments and public consultation events held in the spring 2021. More is planned in 2021 and 2022. Since the release of the May 2021 forecasts, the Region carefully considered individual feedback received. Staff also conducted a further review of individual growth areas and existing and proposed development applications. Additional progress on the background work to the Natural Environment System has been made since May 2021. On this basis, Staff identified two categories of change that have modified the LNA from what was presented in May 2021. The first is that additional population and intensification growth be planned for Lincoln and Welland. The second is that adjustments be made to better integrate the Natural Environment Option 3B/3C in to the growth forecasts. The Growth Plan (2020) allows Niagara to use alternative growth forecasts beyond those identified in Growth Plan Schedule 3. The forecasts provided here are referenced as the “Made-in-Niagara Forecast” since they represent an alternative growth forecast that works better for the Region. Through the comments received, and additional analysis done by the Region, Staff determined that the draft May 2021 Forecasts for the Lincoln and Welland were likely to be achieved earlier than set out in the 2051 planning period. Higher forecasts are required to ensure alignment with infrastructure investment and to achieve market based demand. In both Lincoln and Welland, the areas identified for development (beyond the preliminary forecast) are within existing urban, built up areas with development and redevelopment potential. These locations are considered intensification opportunities and will support a broader, more affordable housing mix through this development/redevelopment. As a result of the increased population forecasts in these municipalities, and the Region overall, these municipalities will achieve a higher intensification rate. In Page 558 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 10 other words, more development is proposed within the existing boundaries. There is no impact to Community Area (residential/mixed use) land need from this adjustment. The Made-in-Niagara Forecast and increased intensification rates do not result in additional land through boundary expansions. The proposed additional intensification for Lincoln and Welland is important to reflect the planned infrastructure to sustain the growth. The Region seeks to proactively plan to accommodate growth and to ensure communities are more sustainable, better connected, healthy and safe. The addition will also better address core housing needs identified by CANCEA. Recently, at the May 20, 2021 Regional Council meeting, Council directed Staff to prepare policies and mapping for both Natural Environment System (NES) Option 3B and 3C, with a decision on the preferred NES Option to be made at a later time. The finalization of criteria and methodology has begun, and policies and mapping is under way, with reporting later this year. Consultation with the local municipalities on mapping and policy development is ongoing. Since May 2021, the Region has refined the analysis of developable area based on the NES Options. The most current information for Options 3B and 3C identified a need to remove non-developable lands from the land needs assessment calculation. In other words, more land should be protected than identified in the May 2021 Forecast; in turn, less land is available for development. This results in a greater overall need for land (since less is available for development). This means a small increase of land is needed for the Community Area (i.e. residential and mixed use) and a modest increase in land needed for Employment Areas (i.e. mostly industrial areas). Through consultation with the Province, the Region has also been advised that the LNA should result in a single number for land need; a blended number where Community Area land need and Employment Area land need are combined. In the May 2021 LNA, the Region’s net overall land need was 440 hectares. From the above-noted changes, the Region’s current overall net land need is 705 hectares. Page 559 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 11 Additional context and information is provided throughout this document, with particular focus on those component that were revised from the May 2021 LNA. Community Area Land Needs Assessment Community Area is defined as the Urban Area, minus Employment Areas, and is made up of both the Delineated Built-Up Area (as defined and mapped by the Province in 2006) and the Designated Greenfield Area (DGA). The Community Area part of the Land Needs Assessment seeks to quantify the amount (in hectares) of DGA lands that is needed to accommodate the required growth forecasts to 2051. The Community Area Land Needs Assessment is comprised of six components. Below is a discussion of those components and the results. Component 1: Population Forecasts The starting point is the population projection by age group for the Region. This comes from Growth Plan Schedule 3, which provides a minimum forecast 2051 population of 674,000 for Niagara Region. Through the work described above, the Region is advancing an alternative growth forecast, referred to as the “Made-in-Niagara Forecast”. This better reflects the growth potential in Niagara’s communities and current work on the NES. For the reasons set out in this report, the Made-in-Niagara Forecast uses a population of 694,000. Component 2: Housing Need The Region has done significant forecasting work, over several years, and based on input from many stakeholders. Most recently, its forecasting work was set out in Report, PDS 17-2021 Appendix 3, Growth Allocation Update to 2051 prepared by Hemson (“2051 Growth Update Memo”, 2021). The Methodology requires population to be converted into housing units based on household formation rates. Household formation rates are based on the likelihood or tendency of age groups to live in households. Niagara’s household formation rates are anticipated to increase between 2016 (the base Census year) and 2051. A contributing factor is Niagara’s aging demographic, Page 560 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 12 which will continue to grow to 2051, with a significant increase in households maintained by people 75 years of age and older. The 2051 housing forecast has been updated to reflect the Made-in-Niagara Forecast, based on the assumptions and age cohorts identified in the 2051 Growth Update Memo. Table 1 identifies a need for 296,750 households based on the 2051 population forecast of 694,000. Table 1: 2016 and 2051 Occupied Households by Age of Household Maintainer Age Headship Rate Occupied Households 2016-2051 Growth 2016-2051 Growth % 2016 2051 15 - 19 1.7% 430 566 136 31.7% 20 - 24 14.5% 4,000 5,066 1,066 26.6% 25 - 29 35.2% 8,640 12,768 4,128 47.8% 30 - 34 48.7% 11,435 17,566 6,131 53.6% 35 - 39 52.9% 12,385 19,461 7,076 57.1% 40 - 44 54.1% 13,825 20,130 6,305 45.6% 45 - 49 57.4% 16,365 22,220 5,855 35.8% 50 - 54 57.7% 19,920 24,897 4,977 25.0% 55 - 59 58.6% 20,050 25,948 5,898 29.4% 60 - 64 58.9% 18,845 25,093 6,248 33.2% 65 - 69 61.2% 18,015 25,711 7,696 42.7% 70 - 74 61.7% 13,675 24,331 10,656 77.9% 75 - 79 65.3% 10,480 24,207 13,727 131.0% 80 - 84 66.5% 8,190 21,747 13,557 165.5% 84 - 89 60.7% 5,185 15,991 10,806 208.4% 90 + 46.3% 2,390 11,048 8,658 362.3% Total 48.2% (2016) 183,830 296,750 112,920 61.4% 50.8% (2051) The forecast population age structure and household formation information is further used to determine households by housing type. The Methodology requires housing forecast by four housing types; single/semi-detached, row houses, accessory dwelling and apartment. Page 561 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 13 As referenced in the 2051 Growth Update Memo, the starting point for household forecast by housing type was a market-based demand. Market-based demand is a key consideration within the LNA process and, along with housing affordability, is one of the main drivers in establishing housing mix and land need requirements. The Made-in-Niagara Forecast is driven by an increase of medium and high density housing within existing urban areas. The resulting housing mix, compared to the mix presented in 2051 Growth Update Memo, is slightly lower for single and semi- detached homes and greater for other housing types. However, there is an overall increase in all housing unit types and is based predominantly on recent development application trends and inquires. Therefore, while the housing mix has changed slightly, it remains reflective of market demand, supports additional intensification, and better aligns with recommendations from CANCEA regarding affordability and core housing need. Table 2 provides a summary of household forecast by housing type between 2021 and 2051. Table 1: Household Forecast by Housing Type - 2021 to 2051 Household Forecast by Housing Type: 2021 to 2051 Niagara Region Single/Semi- Detached Row House Accessory Dwelling Apartment Building Total Units 44,318 27,404 3,390 27,653 102,765 Share 43% 27% 3% 27% 100% Component 3: Allocation of Housing Need to Local Municipalities Allocation of Housing Need to local municipalities is based on input from local municipalities and public and private stakeholders. Draft allocation covering the period between 2016 and 2041 was completed through Niagara 2041 (see PDS 37-2016) and formed the basis for completion of the pre- 2017 Municipal Comprehensive Review (see PDS 21-2018). Municipal allocations were revised and extended to the 2051 planning horizon through the 2051 Growth Update Memo, based on the need to reflect market demand for housing and informed by associated Official Plan strategies, including Watershed, Housing and Employment Strategies. Page 562 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 14 After release of the May 2021 Forecasts, consultation and collaboration continued with local municipalities, internal Niagara 2051 working group and the public.. Through this work, it was identified that municipal allocations of population growth to the Town of Lincoln and City of Welland were not reflective of growth expectations and anticipated 2051 infrastructure demand. On this basis, staff increased the population forecast to 694,000 people – an increase of 10,000 to each of Lincoln and Welland. The increase of 20,000 population results in an additional 9,000 housing units to 2051. All housing units are located within the existing built boundary, support intensification and contribute to the mix of housing needed to improve housing affordability. Housing Affordability The Housing Report (CANCEA, 2021) provided in PDS 17-2021 (Appendix 5.2), sets out that the Region’s core housing need (including, affordability) will get worse if we continue growth at the existing level. Achieving the minimum forecasts set out the Growth Plan will keep the core housing need level at about 13%. To reduce core housing need, even more housing is needed. Importantly, core housing need can be addressed by providing a greater share of higher density housing types. Row/townhouse and apartment units have a lower average number of people per unit compared to single and semi-detached units. Therefore, increasing the supply of higher density units leads to more housing options and reduced core housing need. The Made-in-Niagara Forecast supports higher population growth and an increased amount of medium and high density housing. Therefore, this forecast will better address core housing need. The LNA considers a market-based housing mix and its relationship to the planned housing mix. This is a requirement of the Methodology. A market-based approach is useful to identify an appropriate variety of housing units to be built to meet the needs of Niagara’s population. The Greenbelt specialty crop designation, present in northern Niagara municipalities, prohibits expansion of Settlement Areas boundaries. In the communities of Grimsby, Lincoln, St. Catharines and Niagara-on-the-Lake, growth is proposed within existing Settlement Areas through intensification of the Built-Up Area – requiring a greater proportion of higher density housing types. Page 563 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 15 Municipalities outside of the Greenbelt Plan area have a relatively lower intensification rate and, therefore, a higher proportion of lower density housing types. The balance between these two geographies is important for supporting market-based demand for housing and protection of specialty crop lands within the Greenbelt Plan area. Table 3 provides municipal-level housing allocations by housing type. Table 3: Housing Unit Growth by Type and Municipality, 2021 to 2051 Housing Unit Growth by Type and Municipality, 2021 to 2051 Municipality Single/Semi Row Apartment Total Fort Erie 4,060 2,700 600 7,360 Grimsby 130 1,340 3,120 4,590 Lincoln 1,590 2,530 5,695 9,815 Niagara Falls 11,980 5,090 3,140 20,210 Niagara-on-the-Lake 3,060 915 630 4,600 Pelham 2,380 1,070 680 4,130 Port Colborne 1,690 430 180 2,300 St. Catharines 3,040 4,500 12,230 19,770 Thorold 3,900 2,390 160 6,450 Wainfleet 450 0 10 460 Welland 6,010 4,050 4,290 13,930 West Lincoln 6,030 2,390 310 8,730 Niagara Region 44,320 27,405 31,040 102,765 Component 4: Housing Supply Potential by Policy Area The Methodology requires municipalities to plan for growth within three policy areas: 1. Delineated Built-Up Area 2. Designated Greenfield Area 3. Rural Area Development within the delineated built-up area is referred to as Intensification. The delineated built-up area was established by the Province in 2008 and was further refined through Niagara 2031, the Region’s Growth Management Strategy that implemented the policies of the 2006 Growth Plan. Page 564 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 16 The Growth Plan requires 50% of future household growth in Niagara to be directed to the delineated built-up area. This is an increase from 40% in the Region’s current Official Plan, which was the intensification target in the 2006 Growth Plan. The Region seeks to exceed this requirement. The analysis conducted through the Regional Structure Strategy (PDS 17-2021 Appendix 4.2) identified a Regional Intensification Rate of 56%. Recent work – based on public consultation and the Niagara 2051 servicing review – suggests Niagara can have an even higher intensification rate. As previously noted, the additional population for Lincoln and Welland is entirely planned within the delineated built-up area. No changes are needed to Strategic Growth Areas (SGA) or settlement boundaries from what was set out in the Regional Structure Strategy, as identified in PDS 17-2021, Appendix 4.2. The outcome of this recent work reflects an intensification target of 60%. This target is well above the minimum 50% target identified in the Growth Plan. The Designated Greenfield Area (“DGA”) is the remainder of the designated urban area outside of the delineated built-up area. The Growth Plan sets out that the Region must plan for a minimum density target of 50 people and jobs per hectare within the DGA. This target is incorporated in the LNA. The Rural Area is considered all areas outside of Urban Settlement Areas, and includes the Agricultural System and Rural Settlements (Hamlets). Rural housing need will be addressed in the final Land Needs Assessment. The Rural Land Needs Assessment is discussed in detail later in this report. Housing forecasts by municipality, within the three policy areas, is based on an assessment of intensification opportunities, including SGA’s, and development potential within the DGA. Intensification rates, established through the Regional Structure, are based on a combination of consultation with local municipalities and an assessment of the capacity for growth within the delineated built-up area. Table 4 provides household forecast by policy area for each municipality and identifies the overall intensification rate of 60%. Page 565 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 17 Table 4: Housing Forecast by Policy Area and Municipality, 2021 to 2051 Shares of Household Growth by Policy Area Niagara Region by Local Municipality, 2021-2051 Municipality Built Up Area DGA Rural Total Fort Erie 50% 49.5% 0.5% 100% Grimsby 98% 2.5% 0.5% 100% Lincoln 90% 9.5% 0.5% 100% Niagara Falls 50% 49.5% 0.5% 100% Niagara-on-the-Lake 25% 74.5% 0.5% 100% Pelham 25% 74.5% 0.5% 100% Port Colborne 30% 69.6% 0.5% 100% St. Catharines 95% 4.5% 0.5% 100% Thorold 25% 74.5% 0.5% 100% Wainfleet 0% 0% 100.0% 100% Welland 75% 24.5% 0.5% 100% West Lincoln 13% 86.5% 0.5% 100% Niagara Region 60% 39% 1% 100.0% As with Component 3, the Methodology requires housing forecasts within each of the policy areas to be broken out into housing type. The distribution of housing type within each policy area must be based on an achievable housing mix and consider market-demand. Within the delineated built-up area, the housing mix is predominately higher density forms of housing including row and apartment housing. In contrast, the housing forecast within the DGA and Rural area is predominately ground-related, with 73% of units anticipated to be single or semi -detached. Table 5 and Table 6 provide housing unit forecasts by municipality within the delineated built-up area and DGA. The Township of Wainfleet is excluded from both tables as Wainfleet does not have an Urban Settlement Area and all forecast housing growth will occur within the Rural Area, in Rural Settlements and on other agricultural lands. Additional detail is provided in the Rural Settlement Area Assessment section. Page 566 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 18 Table 2: Housing Forecast by Unit Type, Delineated Built-Up Area, 2021 to 2051 Delineated Built-Up Area Housing Unit Growth, 2021 to 2051 Municipality Single/Semi Row Apartment Total Fort Erie 1,520 1,620 540 3,680 Grimsby 110 1,330 3,060 4,500 Lincoln 1,430 1,920 5,545 8,895 Niagara Falls 4,220 3,050 2,830 10,100 Niagara-on-the-Lake 238 350 563 1,150 Pelham 350 500 180 1,030 Port Colborne 400 130 160 690 St. Catharines 2,480 4,370 11,930 18,780 Thorold 580 890 140 1,610 Welland 2,920 3,330 4,190 10,440 West Lincoln 760 120 250 1,130 Niagara Region 15,008 17,610 29,388 62,005 Table 3: Housing Forecast by Unit Type, DGA, 2021 to 2051 Designated Greenfield Area Housing Unit Growth, 2021 to 2051 Municipality Single/Semi Row Apartment Total Fort Erie 2,500 1,080 60 3,640 Grimsby 0 10 60 70 Lincoln 140 610 150 900 Niagara Falls 7,660 2,040 310 10,010 Niagara-on-the-Lake 2,800 564 66 3,430 Pelham 2,010 570 500 3,080 Port Colborne 1,280 300 20 1,600 St. Catharines 460 130 300 890 Thorold 3,290 1,500 20 4,810 Welland 2,630 720 100 3,450 West Lincoln 5,230 2,270 60 7,560 Niagara Region 28,000 9,794 1,646 39,440 Component 5: Community Area Jobs Page 567 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 19 The Methodology requires Community Area jobs be allocated within the DGA portion of the Community Area to calculate the total number of residents and jobs occurring within it. Community Area jobs are predominately within the Major Office and Population- Related Employment categories. For the purposes of the Community Area assessment, Community Area jobs are further distinguished between the delineated built-up area and designated greenfield area. Community Area jobs were calculated based on existing development proposals, land use permissions, and factoring in Work At Home employment. Work At Home Work at Home employment is incorporated into the Land Needs Assessment impacts Community and Employment Area Land needs. Since the onset of the Covid-19 pandemic to the time of preparing this LNA Summary, many jobs have shifted to a Work at Home setting, although the Region does not have specific data quantifying such a shift. At the time of writing, the Region and other experts are unsure the long-term impacts for Work at Home. For the preparation of the LNA, this is an important consideration for how Work at Home may impact the calculation of different Employment Types. In Niagara, the majority of Employment Areas are considered Core and Dynamic (as defined in the Employment Strategy, Appendix 10.2). Jobs within these areas are largely categorized as Employment Land Employment and occur onsite. Therefore, moving Employment Land Employment jobs out of Employment Areas would result in an erroneous reduction in Employment Area land requirements. Alternatively, Major Office and Population-Related Employment jobs are those that are most likely to be Work at Home. In other words, those are the types of jobs that may see long-term Work from Home changes. That type of job is predominantly located within the Community Area. The approach taken in the LNA is to maintain similar Work at Home rates, generally consistent with pre-Covid-19 pandemic conditions. This ensures the greatest flexibility within Employment Areas and maintains a sufficient supply of lands in the event there is not a significant long-term shift to Work at Home. Page 568 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 20 In this way, the Region is being conservative in its LNA. Work from Home trends will be carefully monitored and, if warranted, future Official Plan changes will be advanced to address those trends. Table 7 provides an estimated number of jobs within the DGA portion of the Community Area for each urban municipality. Table 4: DGA Community Area Job Forecast, 2021 to 2051 DGA Community Area Job Forecast, 2021-2051 Municipality Total Fort Erie 247 Grimsby 5 Lincoln 744 Niagara Falls 1,065 Niagara-on-the-Lake 1,091 Pelham 559 Port Colborne 362 St. Catharines 1,555 Thorold 532 Welland 266 West Lincoln 1,998 Niagara Region 8,424 Component 6: Need for Additional Land The final component of the Community Area LNA brings together the forecast housing units and employment within the DGA to establish an overall land need based on achieving the minimum density target of 50 people and jobs per hectare. To determine land need, the forecast housing units in Table 6 are compared to the planned units (units that are within either a draft or registered Plan of Subdivision) within each municipality. The surplus, or shortfall, of units is converted into residents based on the Persons Per Unit rate1 for each unit type. 1 The Person Per Unit (PPU) rate is based on the 2017 Niagara Region Development Charges Background Study. This Study provides a PPU of 2.91 for single/semi-detached, 2.12 for row and 1.62 for apartment. PPU rates may be revised based on forthcoming Development Charges Study work undertaken later in 2021. Page 569 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 21 Finally, DGA Community Area job forecasts in Table 7 are added to establish an overall people and jobs target for the DGA. The overall population and employment target is converted to a land need in hectares based on the minimum density target of 50 people and jobs per hectare.2 Table 8 provides the Community Area Land Needs Assessment results. Table 5: Overall Community Area Land Need, 2021 to 2051 DGA Community Area Land Need, 2021-2051 Municipality Population and Employment Growth within the Unplanned DGA Area Required (ha) Area Designated 3 (ha) Additional Land Need (ha)* Fort Erie 8,170 165 60 105 Grimsby 120 5 0 5 Lincoln 2,410 25 25 0 Niagara Falls 23,470 470 195 270 Niagara-on-the-Lake 9,935 80 75 5 Pelham 3,215 65 25 40 Port Colborne 4,615 90 250 (160) St. Catharines 3,655 75 60 15 Thorold 4,830 95 250 (155) Welland 5,770 115 115 0 West Lincoln 20,545 410 40 370 Niagara Region 86,735 1,590 1,095 495 Note: Above numbers have been rounded to the nearest 5. 2 The density target of 50 people and jobs per hectare excludes Lincoln, which has a vacant DGA target of 100 people and jobs per hectare due to the land use permissions within the Major Transit Station Area and Niagara-on-the-Lake, which has a target of 125 people and jobs per hectare relating to the Glendale District Plan. 3 The Area Designated is the gross developable land, within the Designated Greenfield Area, free of non-developable features identified within the Growth Plan. The Natural Environment System (NES) area removed is based on draft analysis associated with NES Option 3B/3C as of July 2021. Page 570 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 22 Community Area Land Needs Summary Niagara’s 12 local municipalities can be placed into two general categories as it pertains to the Made-in-Niagara Forecast results for Community Area: 1. Additional Community Area Land Required The Town of Fort Erie, City of Niagara Falls and Township of West Lincoln needs more community area land to accommodate the 2051 forecast. The Town of Pelham has a small need for community area land. 2. No Additional Community Area Land Required The Town of Grimsby, Town of Lincoln, Town of Niagara-on-the-Lake, City of St. Catharines, and City of Welland generally have a sufficient supply of designated lands to accommodate the 2051 forecast. The City of Thorold and City of Port Colborne have a surplus of designated lands to 2051. Additional Considerations and Revisions The Methodology allows for final adjustments to be made to Community Area Land Needs, including a minor increase to land in the event of any expansions, to create a logical boundary. The Methodology also allows for refinements based on constrained lands due to infrastructure and servicing. Determining servicing constraints will be important in assessing lands that may be considered constrained, rather than surplus. Finally, revisions to associated strategies will require updates to the Land Needs Assessment. Work on the Natural Environmental System (NES) is ongoing and draft mapping and policies will be released in Fall 2021. Updates to the NES may require minor adjustments to the LNA. If an Employment Area boundary is changed, it will directly impact the Community Area land need. If the Employment Area is within the BUA, the result may be an increase to Intensification Rate. If the Employment Area is within the DGA, the result would be a decrease in Community Area land needs. Page 571 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 23 The final Land Needs Assessment will be a combined overall number of community area and employment area. That requires endorsement by Council and will be provided to the Province for approval. Employment Area Land Needs Assessment Component 1: Employment Forecasts Similar to the Community Area assessment, the starting point for determining the overall Employment Area land need is the employment forecast set out in Growth Plan Schedule 3. The Growth Plan requires Niagara Region to plan for a minimum employment base of 272,000 jobs by 2051. The Methodology requires the employment forecast to be allocated to local municipalities and be categorized by employment type, including Major Office, Population-Related Employment, Employment Land Employment and Rural based employment. These employment types are defined within the Glossary of Terms section at the end of this report. 2051 Growth Update Memo sets out the distribution of employment forecasts for Niagara Region. Table 9 provides an overview of employment growth by municipality, by employment type, from 2021 to 2051. Page 572 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 24 Table 6: Niagara Region Employment Growth, 2021 to 2051, by Employment Type Total Employment Growth by Employment Type, 2021-2051 Municipality Major Office Population- Related Employment Employment Land Employment Rural Employment Total Employment Fort Erie 140 2,890 3,430 440 6,900 Grimsby 380 2,070 1,130 390 3,970 Lincoln 100 1,580 1,390 1,500 4,570 Niagara Falls 1,150 15,550 2,770 850 20,320 Niagara-on-the-Lake 350 3,040 290 1,480 5,160 Pelham 10 1,600 0 710 2,320 Port Colborne 0 750 350 540 1,640 St. Catharines 4,970 10,780 2,880 590 19,220 Thorold 250 2,540 580 170 3,540 Wainfleet 0 0 0 420 420 Welland 360 4,610 5,300 480 10,750 West Lincoln 160 3,580 1,760 520 6,020 Niagara Region 7,870 48,990 19,880 8,090 84,830 Source: Hemson Consulting, Niagara Region Municipal Comprehensive Review ‒ Growth Allocation Update to 2051 Component 2: Employment Allocation The Methodology requires municipalities to further refine forecasts by allocating employment to the Community, Employment, and Rural Areas. Employment that is expected to occur outside of urban settlement area boundaries is allocated to the rural area. The Methodology sets out that a small share of employment land employment and population-related employment should be allocated to the rural area. This is particularly important in Niagara where certain local municipalities have existing industrial, manufacturing and greenhouse operations within the rural area. The remaining, non-rural jobs are allocated to Community Area and Employment Areas within settlement areas. Within Niagara, the vast majority of population- Page 573 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 25 related employment is based within the Community Area; only about 5%4 occurring within Employment Areas. Major office growth is also predominately within the Community Area, Urban Growth Centre and Major Transit Station Areas. However, some major office currently exists within some Employment Areas and some growth is expected to occur within those areas accordingly. Finally, the vast majority of employment land employment job growth will occur within the remaining Employment Areas. Table 10 provides a summary of employment forecasts by location. Table 7: Employment Growth by Type and Municipality, 2021 to 2051 Employment Growth by Policy Area, 2021-2051 Municipality Community Area Employment Area Rural Area Fort Erie 2,787 3,610 503 Grimsby 2,136 1,412 422 Lincoln 1,535 1,241 1,794 Niagara Falls 15,786 3,501 1,033 Niagara-on-the-Lake 2,250 1,397 1,513 Pelham 1,594 0 726 Port Colborne 705 384 551 St. Catharines 14,253 4,269 727 Thorold 2,005 1,311 230 Wainfleet 0 0 420 Welland 4,513 5,658 579 West Lincoln 3,445 2,001 573 Niagara Region 51,009 24,784 9,072 Component 3: Employment Area Capacity The Methodology requires employment potential within existing Employment Areas be determined. 4 5% is an average. This varies by municipality, particularly those with Knowledge and Innovation Employment Areas as they have a higher share of population-related employment compared to Core and Dynamic Employment Areas. Page 574 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 26 This is calculated based on the vacant Employment Area employment lands and densities identified within the Employment Strategy. The Employment Policy Paper (PDS 17-2021, Appendix 10.2) provides a breakdown of occupied and vacant lands, as well as associated densities, for each of the 34 Employment Areas across the Region. Table 11 provides a summary of existing capacity within Employment Areas, by municipality. Table 8: Existing Employment Area Potential for Additional Employment Existing Employment Area Potential Municipality Additional Employment Potential Fort Erie 1,264 Grimsby 1,679 Lincoln 500 Niagara Falls 3,079 Niagara-on-the-Lake 3,421 Pelham 0 Port Colborne 1,538 St. Catharines 2,663 Thorold 2,128 Wainfleet 0 Welland 4,552 West Lincoln 885 Niagara Region 21,709 Component 4: Need for Additional Employment Area Land The final step in determining the Employment Area land need is to compare the forecast growth (Table 10) with the job growth potential within existing Employment Areas (Table 11). The difference between the forecast and the potential is divided by the municipal level vacant Employment Area land density target. The vacant density target is based on the sub-grouping of employment type determined through the Employment Policy Paper. Generally, Core Employment Areas, with traditional/heavier employment type uses, have the lowest vacant land density target. Knowledge and Innovation Employment Areas, with more major office type uses, have the highest density target. Dynamic Employment Areas can have a mix of traditional and lighter employment type uses and have densities that fall in between Core and Knowledge and Innovation. Page 575 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 27 Employment Area Densities Changes to any Employment Area density target within the Employment Strategy will directly impact the Existing Employment Area Potential in Table 11 and Vacant Employment Area Density Target in Table 12. This will either increase or decrease the associated amount of Employment Area land required to meet 2051 forecasts. Table 12 provides a summary of the Employment Area Land Needs. Table 9: Employment Area Land Need, by Municipality, 2021 to 2051 Employment Area Land Need by Municipality, 2021-2051 Municipality Unaccommodated Employment Growth Vacant Employment Area Density Target (Jobs/ha) Employment Area Land Need (ha)* Fort Erie 2,345 15 155 Grimsby (265) 50 (5) Lincoln 740 45 15 Niagara Falls 420 35 10 Niagara-on-the-Lake (2,025) 95 (20) Pelham 0 0 0 Port Colborne (1,155) 30 (40) St. Catharines 1,605 50 30 Thorold (815) 25 (35) Wainfleet 0 0 0 Welland 1,105 25 45 West Lincoln 1,115 25 45 Niagara Region 3,075 32 210 Note: Above numbers have been rounded to the nearest 5. Employment Area Land Needs Summary The result of the Employment Area component of the LNA suggests the Town of Fort Erie, City of Welland and Township of West Lincoln do not have sufficient supply of Employment Area to accommodate the forecast growth to 2051. As noted earlier in this Summary, since May 2021, NES work identified that additional vacant lands need to be removed from the developable area calculated in the land needs assessment. This removal of land was most predominant for employment areas in certain municipalities with a greater vacant employment area land surplus. Specifically, this had the largest impact in Port Colborne and Thorold. Page 576 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 28 In the current LNA, the surplus has been reduced significantly for these municipalities. Overall the Region has a need for 210 Hectares of Employment Area. Rural Land Needs Assessment As directed by the Provincial Land Needs Assessment Methodology, an additional assessment was undertaken for Rural Settlement Areas. Niagara has a modest population and employment base outside of urban settlement areas. Limited growth is anticipated to continue within rural areas and rural settlement areas. Between 2021 and 2051, the 2051 Growth Update Memo forecast an additional 900 housing units and 8,090 jobs will occur within the rural area. The Rural Settlement Area assessment determines where the forecast growth will occur within the rural areas and if additional land is required within rural settlement area boundaries (also known as Hamlets). The Rural Land Needs Assessment has been restricted to municipalities where Rural Settlement Areas currently exist and are outside of the Greenbelt Plan Area. In other words, the analysis only considers the potential for additional Rural Settlement Area lands where supported by Provincial policies. Table 13 provides a summary of housing and employment forecasts within both the Rural Area and the proportion to be directed to Rural Settlement Areas. Distribution of units and employment to Rural Settlement Areas is based on historic trends and policy direction within associated Local Official Plans. Table 13: Rural Area and Rural Settlement Area Forecasts Rural Area and Rural Settlement Area Forecasts: 2021 to 2051 Municipality Rural Area Housing Forecast Rural Area Employment Forecast % Rural Employment to Rural Settlement Areas % Units to Rural Settlement Areas Fort Erie 40 500 0% 10% Port Colborne 10 550 100% 100% Wainfleet 420 460 50% 60% West Lincoln 40 570 100% 50% Consultation is ongoing with local municipalities to determine the capacity of existing Rural Settlement Areas, vacant lands and NES mapping. The above Rural Land Needs Assessment may be refined as part of that consultation and included Page 577 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 29 with the new Niagara Official Plan. It will include a summary of need within Rural Settlement Areas. Land Needs Assessment Results This Land Needs Assessment provides a total amount of land required to support the Made-in-Niagara 2051 forecasts. The Province requires the Region provide a cumulative need of Community Area and Employment Area assessments. Niagara Region requires a cumulative need of 705 hectares of additional developable urban lands to support a minimum of 694,000 people and 274,000 jobs by 2051. Conclusion This LNA Summary provides a revised draft assessment of how Community Area and Employment Area land need is calculated. The Growth Plan requires that the Province approve the Region’s final LNA. The Region has been consulting with the Province on the draft LNA and will continue to communicate until a final assessment is presented to Council as part of the Niagara Official Plan in 2022. In preparing this document, careful consideration was given to input from the public, agency and local area municipalities, as outlined above. The Region will continue to consult and make minor refinements in preparing the final LNA as part of the new Official Plan. The next round of public consultation is planned for fall 2021. Regional staff will seek endorsement in principle of these Forecasts. After that, substantive changes are not planned. However, refinements to the overall need, or distribution between municipalities, may be required. The overall land need should generally remain. This is to ensure consistent recommendations can be advanced for settlement boundaries changes and the Niagara 2051 servicing strategies. Page 578 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 30 Glossary of Terms Community Area: Areas where most of the housing required to accommodate the forecasted population will be located, as well as most population-related jobs, most office jobs and some employment land employment jobs. Community areas include delineated built-up areas and designated greenfield areas (Provincial Land Needs Assessment Methodology). Delineated Built-Up Area: The limits of the developed urban area as defined by the Minister in consultation with affected municipalities for the purpose of measuring the minimum intensification target in the Growth Plan (Growth Plan). Designated Greenfield Area: Lands within settlement areas (not including rural settlements) but outside of delineated built-up areas that have been designated in an official plan for development and are required to accommodate forecasted growth to the horizon of this Plan. Designated greenfield areas do not include excess lands (Growth Plan). Employment Area: Areas where most of the employment land employment jobs are (i.e. employment in industrial-type buildings), as well as some office jobs and some population-related jobs, particularly those providing services to the employment area. Employment areas may be located in both delineated built-up areas and designated greenfield areas (Provincial Land Needs Assessment Methodology). Employment Land Employment: all employment in urban industrial-type employment areas, excluding major office. As well, large retail concentrations and major institutions that lie within employment areas are excluded from the Employment Land Employment category (2020 Growth Plan). Excess lands: Vacant, unbuilt but developable lands within settlement areas but outside of delineated built-up areas that have been designated in an official plan for development but are in excess of what is needed to accommodate forecasted growth to the horizon of this Plan (Growth Plan). Headship Rate: The headship rate is defined as the ratio of the number of household heads or household maintainers to the population 15 years of age and older (Government of Canada). Intensification: The development of a property, site or area at a higher density than currently exists through: Page 579 of 703 APPENDIX 1 Revised Land Needs Assessment Summary – Page 31 a. redevelopment, including the reuse of brownfield sites; b. the development of vacant and/or underutilized lots within previously developed areas; c. infill development; and d. the expansion or conversion of existing buildings (PPS, 2020). Major Office: Freestanding office buildings of approximately 4,000 square metres of floor space or greater, or with approximately 200 jobs or more (Growth Plan). Population-Related Employment: Population-Related Employment is all employment within urban community areas, except major office, and is mainly commercial retail, institutional and urban work at home employment. Major concentrations of retail or large institutions excluded from Employment Land Employment are also part of Population-Related Employment (2051 Growth Update). Rural Area: Rural Area, for the purposes of the Land Needs Assessment, refers to all lands outside of urban Settlement Area Boundaries. The Rural Area includes Rural Settlements, Prime Agricultural Lands and Rural Lands. Rural Employment: all employment occurring within the rural geography with the few exceptions for major industrial uses or larger rural industrial areas. Work at home employment is typically a substantial proportion of the rural employment base (Hemson Consulting, Niagara Region Municipal Comprehensive Review ‒ Growth Allocation Update to 2051). Page 580 of 703 /JULY 2021LEGEND MUNICIPAL COUNCIL PRIVATE LAND OWNER REGIONALLY IDENTIFIED NEP URBAN AREA HAMLET EXPANSION EXPANSION RESTRICTED BY PROVINCE EMPLOYMENT AREA CONVERSION RURAL SETTLEMENT AREA URBAN SETTLEMENT AREA © 2021 Niagara Region and its suppliers. Projection is UTM Zone 17N CSRS, NAD83. This map was compiled from various data sources and is considered DRAFT. The Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. 0 2.5 51.25 Kilometers SETTLEMENT AREA BOUDNARY REVIEW REQUESTSThis is a July 2021 draft map and may not be current. Please see the Region’s website to view and comment on the requests Page 581 of 703 /SETTLEMENT AREA BOUDNARY REVIEW REQUESTSLEGEND MUNICIPAL COUNCIL PRIVATE LAND OWNER REGIONALLY IDENTIFIED NEP URBAN AREA EXPANSION RESTRICTED BY PROVINCE HAMLET EXPANSION EMPLOYMENT AREA CONVERSION RURAL SETTLEMENT AREA URBAN SETTLEMENT AREA © 2021 Niagara Region and its suppliers. Projection is UTM Zone 17N CSRS, NAD83. This map was compiled from various data sources and is considered DRAFT. The Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. 0 2 41 Kilometers NORTHEAST NIAGARAThis is a July 2021 draft map and may not be current. Please see the Region’s website to view and comment on the requests JULY 2021Page 582 of 703 /SETTLEMENT AREA BOUDNARY REVIEW REQUESTSLEGEND MUNICIPAL COUNCIL PRIVATE LAND OWNER REGIONALLY IDENTIFIED NEP URBAN AREA EXPANSION RESTRICTED BY PROVINCE HAMLET EXPANSION EMPLOYMENT AREA CONVERSION RURAL SETTLEMENT AREA URBAN SETTLEMENT AREA © 2021 Niagara Region and its suppliers. Projection is UTM Zone 17N CSRS, NAD83. This map was compiled from various data sources and is considered DRAFT. The Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. 0 2 41 Kilometers NORTHWEST NIAGARAThis is a July 2021 draft map and may not be current. Please see the Region’s website to view and comment on the requestsJULY 2021Page 583 of 703 /SETTLEMENT AREA BOUDNARY REVIEW REQUESTSLEGEND MUNICIPAL COUNCIL PRIVATE LAND OWNER REGIONALLY IDENTIFIED NEP URBAN AREA EXPANSION RESTRICTED BY PROVINCE HAMLET EXPANSION EMPLOYMENT AREA CONVERSION RURAL SETTLEMENT AREA URBAN SETTLEMENT AREA © 2021 Niagara Region and its suppliers. Projection is UTM Zone 17N CSRS, NAD83. This map was compiled from various data sources and is considered DRAFT. The Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. 0 2 41 Kilometers SOUTHEAST NIAGARAThis is a July 2021 draft map and may not be current. Please see the Region’s website to view and comment on the requestsJULY 2021Page 584 of 703 /SETTLEMENT AREA BOUDNARY REVIEW REQUESTSLEGEND MUNICIPAL COUNCIL PRIVATE LAND OWNER REGIONALLY IDENTIFIED NEP URBAN AREA EXPANSION RESTRICTED BY PROVINCE HAMLET EXPANSION EMPLOYMENT AREA CONVERSION RURAL SETTLEMENT AREA URBAN SETTLEMENT AREA © 2021 Niagara Region and its suppliers. Projection is UTM Zone 17N CSRS, NAD83. This map was compiled from various data sources and is considered DRAFT. The Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. 0 2 41 Kilometers SOUTHWEST NIAGARAThis is a July 2021 draft map and may not be current. Please see the Region’s website to view and comment on the requestsJULY 2021Page 585 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 1 GROWING REGION Appendix 3: Summary of Comments Received Relating to Land Needs Assessment and Settlement Area Boundary Review Below is a summary of written comments received on PDS 17-2021 between May 2021 and July 15, 2021, related specifically to the Land Needs Assessment, Settlement Area Boundary Review, and employment conversions. Comments received verbally through municipal meetings and Public Information Centres are not summarized below. Detailed comments are available at the Region’s website: Niagara Official Plan https://www.niagararegion.ca/official-plan/ Commenter Comment Summary Regional Response Action Taken Town of Pelham Town staff support 2051 population and Employment forecasts, as well as Town’s intensification rate. This was endorsed by Pelham Council (Report #2021-0108). Staff acknowledge the Town’s support of the Region’s work to date on the forecasts. Region Planning staff will continue to consult with Pelham staff on the LNA and related processes. Town of Pelham Town staff support draft Community Area land need of 40 ha. This was endorsed by Pelham Council (Report #2021-0108). Staff agree with Pelham comments on minor expansion need. Region Planning staff will continue to consult with Pelham staff on minor expansion need through its SABR process. Town of Pelham Town staff have identified locations for potential expansion through property owner requests and have provided their assessment of those which are practical for consideration and those which are not, having regard for provincial policies relating to expansion. Comments received. Region Planning staff will continue to consult with Pelham staff on minor expansion need through its SABR process. Page 586 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 2 GROWING REGION Commenter Comment Summary Regional Response Action Taken City of Niagara Falls City staff support the 2051 population target of 141,560 people and housing growth of 20,220 units for the 2021 to 2051 period. Staff acknowledge the City’s support of the Region’s the work to date on the forecasts. Region Planning staff will continue to consult with City staff on the LNA and related processes. City of Niagara Falls Niagara Falls staff request that the City intensification rate be changed from 50% to 60%, to reflect work undertaken on the City’s Housing Needs and Supply Report. Corresponding changes are requested to the Region’s Land Needs assessment materials. Niagara Region staff support the City’s Housing work. The Region’s Intensification Rates are based on the Land Needs Assessment Methodology released by the Province. The City’s Housing work suggested increased intensification to address Housing needs, but did not include analysis of land needs, including market demand. The Region will continue to work with the City to support the City’s Housing work. The City is encouraged to apply a greater intensification rate, above the minimum identified in the Niagara Official Plan, through the City’s future Official Plan conformity exercise. At this time, in the Region’s Official Plan, we do not intend to change the City’s intensification rate from 50% to 60%. City of Thorold Identified excess lands through the Regions' LNA need to be addressed through tools and policies in the Region's Official Plan. At this time, those policies and tools have not yet been prepared. Development of these policies and tools should be done in conjunction with local Planning staff. Work is ongoing on policies and tools to manage lands that are currently designated beyond the 2051 planning horizon. Additional policies are forthcoming in Fall 2021 to address this comment. Region and Thorold staff will meet to collaboratively work on policies. Page 587 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 3 GROWING REGION Commenter Comment Summary Regional Response Action Taken Town of Lincoln Staff opine that Lincoln’s population forecasts are low considering current development proposals and the planned higher densities in the Beamsville GO Station Area and Prudhommes area. Based on a detailed review of the development proposals and servicing to 2051, more population is needed in Lincoln’s built-up area. Lincoln is assigned an additional 10,000 people to 2051, exclusively in the delineated built-up area. This results in an intensification rate of 90% and no additional need for Community Area lands to 2051. Town of Lincoln The Region allocated an additional 900 households to Lincoln’s Designated Greenfield Area (DGA) over the next 30 years. Lincoln staff opine this figure is low, given the location of DGA in the Beamsville GO Station area planned for higher transit-oriented densities. The DGA lands in the Beamsville GO Transit Station Area Secondary Plan Land Use Schedule are predominately Office Commercial and Transit Station Area. Thus, only 900 residential units are forecast. However, this unit forecast is a minimum target. No action taken at this time. Minor refinements may be made to the housing unit mix prior to the completion of the Niagara Official Plan. Town of Lincoln Lincoln supports the Region’s allocation of 0.5% growth to the Rural Area. Staff acknowledge the Town’s support of the Region’s work. None. Town of Lincoln Staff opine that a larger proportion of growth should be allocated to apartment unit types. This reflects recent applications, planned densities and land supply. On further data review, Regional staff have adjusted the unit mix and included a greater share of apartment units. This is assigned exclusively within the built-up area. Lincoln is assigned an additional 4,225 apartment units through the Made-in- Niagara Forecast. Page 588 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 4 GROWING REGION Commenter Comment Summary Regional Response Action Taken Town of Lincoln Town staff previously requested a number of technical amendments as part of the Provincial Plans Review and Municipal Comprehensive Review. The Town’s suggested boundary amendments that were included in staff report PL 16-13 continue to be carried forward to the Region for consideration. Town staff request to be provided with draft mapping from the Region when it becomes available for comment. Region staff acknowledge receipt of technical boundary adjustments, and will comment at a later time. Technical adjustments are not the same as boundary expansions – these are minor and intended to fix a technical matter. Staff are working on technical boundary adjustments for reporting in Fall 2021. Town of Fort Erie Town Staff reviewed the Draft LNA and Draft Forecasting Polices and are generally satisfied with the proposed intensification rates, growth allocation numbers and land needs assessment. However the Town felt although close, more employment area was needed based on its consultant findings (Report PDS-54-2021). Staff acknowledge Town’s support of Region’s work on the LNA and allocations. The revised Made-in-Niagara Forecast and updated LNA has more employment area in Fort Erie than the May Forecast and LNA. Region Planning staff will continue to consult with Fort Erie staff on the LNA and related processes. Town of Fort Erie The Town, through the approved Urban Area Boundary Expansion Study, has forwarded expansion candidate sites to the Region for consideration. Staff received the Town’s reports on preferred expansions. These will be reviewed as part of the Region’s SABR process. Region Planning staff will continue to work with Fort Erie staff on the SABR expansion process. Page 589 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 5 GROWING REGION Commenter Comment Summary Regional Response Action Taken Town of Fort Erie The Town has the ability to legislatively advance 40 ha expansions outside of the MCR process. Addendum 2 of the Urban Area Boundary Expansion Study, identified sites and priorities for these expansions, should candidate sites not be considered by the Region. Only the Region can expand boundaries. The Growth Plan has a policy that allow expansions for up to 40 Ha in advance of a municipal comprehensive review (i.e. new Official Plan), subject to specific requirements. The Region is not processing 40 Ha expansion requests at this time since it is not in advance of a municipal comprehensive review. Comment received. No action taken. City of Welland Welland staff seek clarification on draft Regional Structure policy 2.2.5.6 as it relates to criteria development by the Region for expansions and local involvement. This policy relates to criteria developed for the SABR review, which has been discussed at several meetings with local staff. Regional staff are considering revisions to this policy to better reflect the draft SABR criteria. City of Welland City Staff inquired on the relationship between established neighbourhoods and declining population growth over the 30 year planning horizon. Established neighbourhoods generally have an older demographic than new neighbourhoods; as a result, the average number of people per unit is expected to decline slightly from 2021- 2051. No action taken. City of Welland City Staff inquired how additional dwelling units (sometimes called Secondary Suites) are captured in the forecast and suggested a higher forecast be provided for the City of Welland. Through consultation with Welland staff after receipt of this comment, the Region and City agreed that 50 additional units per year for Secondary Suites was an achievable target. Welland is assigned an additional 1,600 apartment units in the Made-in-Niagara Forecast. The majority of additional apartment units are anticipated to be Secondary Units. Page 590 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 6 GROWING REGION Commenter Comment Summary Regional Response Action Taken City of Welland City Staff note the population and housing forecast seems low for Welland. Planning applications and pre-consultations surpass some draft figures, especially for apartment units. These projects will commence within the next half decade or less. Based on a detailed review of development proposals and servicing to 2051, more population is needed in Welland’s built-up area. In the updated Made-in-Niagara Forecast, Welland is assigned an additional 10,000 people to 2051, exclusively in the built-up area. This results in an intensification rate of 75% and no additional need for Community Area lands to 2051. City of Welland City Staff noted that Employment Area needs increased as Natural Heritage mapping is updated. Refinements to the Natural Environment System (NES) have been on going since the May report. Since that time, the Region has protected more environmental lands in Employment Areas, including in Welland. This results in less developable Employment Area in Welland. The revised LNA has a small need for additional Employment Area land in Welland. NES work, including consultation on it, is ongoing. Thus, the final land need may have minor adjustments prior to completion in the Official Plan. City of Welland Based on the methodology for determining developable land, including the removal or discount of Natural Heritage features, City Staff ask if the amount of developable land within existing Employment Areas will be impacted. The Employment Area calculations for the LNA are based on developable land supply and remove natural heritage features and encumbered lands. No action taken. Page 591 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 7 GROWING REGION Commenter Comment Summary Regional Response Action Taken City of Welland The City is currently having its own forecasts being created as part of our own Official Plan review. These forecasts will be included in the updated Official Plan document. The City will consider policies in its Zoning and OP where necessary that are in adherence to the requirements of Provincial Policy. The Growth Plan identifies that the Region is responsible for allocating forecasts. Until the Region allocates forecasts, the forecasts that existed on August 28, 2020 remain in effect. Future forecasts established by Welland must conform to the Niagara Official Plan and Growth Plan. None at this time. Township of West Lincoln West Lincoln supports the Regional growth allocations as provided to West Lincoln. Staff acknowledge the Township’s support of the Region’s work to date on the forecasts. None at this time. Township of West Lincoln Township staff provided report PD-077-21 which identifies a rural hamlet review work program to be completed in accordance with the Region’s SABR Appendix 18.3. Regional planning staff acknowledge the Township’s work plan and are available to consult as needed. Region will work with Town and consultant as needed during their study. Niagara Escarpment Commission NEC requests that it be consulted if any of the proposed urban designations in the Region’s Official Plan are for properties within the NEP Area. The Region cannot approve urban amendments, unless the change in designation has first been approved by the Province. Any boundaries changes related to the NEP area, including technical adjustments, will be discussed with the NEC and local planning staff. Region has ongoing meetings with the NEC and will address this topic at future meetings. Niagara Escarpment Commission NEC would like to assist with mapping discrepancies; it has new digital maps for the NEC Area of Development Control starting July 1, 2021. Comment received. None at this time. Page 592 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 8 GROWING REGION Commenter Comment Summary Regional Response Action Taken Public Question about potential redevelopment and land use designation changes to the lands west of Garner Road, north of McLeod Road, and south of Lundy's Lane in Niagara Falls. Concerned about urban expansion areas in the vicinity of their rural residence. This is to be considered as part of the Region’s SABR process. Planning staff communicated with commenter to outline SABR and reasons why the process is needed. Public Question about whether the Region has changed the land use designation of lands on the east side of Rice Road, in Pelham, from agricultural land to rural or urban? Contends that it should be re- designated due to Pelham’s zoning, extension of services, and dormant agricultural fields. This area is under consideration for possible expansion. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Public Will 1538 RR20 will be brought into Bismark Hamlet in West Lincoln? Region should review hamlet boundaries to capture all of the R1A zone. Staff are reviewing request to determine if request is an expansion or technical adjustment. The change requested will not add building lots in hamlet. Staff communicated with requestor to outline process and provide location for materials. Page 593 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 9 GROWING REGION Commenter Comment Summary Regional Response Action Taken Preservation of Agricultural Land Society (PALS) PALS regards the use of a higher population projection by Niagara than that provided by the province as subversive of good land use planning across Ontario. Comments with respect to rejecting provincial population projections. The Region must plan for the population forecasted in the Growth Plan, as a minimum. Decision of Regional Council must conform to the Growth Plan. In developing forecasts, Staff consider all planning matters, including climate change, the natural environment system, and core housing needs/affordability. The Made-in-Niagara Forecasts best address these matters. Staff recommend proceeding with the Made-in-Niagara Forecasts for the reasons identified here and in the covering report. Page 594 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 10 GROWING REGION Commenter Comment Summary Regional Response Action Taken Preservation of Agricultural Land Society (PALS) Understands that a 460 hectare urban expansion for residential needs has been determined. Comments that this figure hasn't been defended and logically explained. Inquires about how this can be subject to change and why there is need for expansion of employment lands, with no precise figure provided. This does appear to eliminate the notion that residential needs can be accommodated through re-designating employment lands. A detailed May 2021 Draft Land Needs Assessment (LNA) is provided in Appendix 3.2 of PDS 17-2021. An updated version of the LNA is attached to this report as Appendix 1. This LNA was developed in conformity to the Provincial Land Needs Assessment Methodology, which identifies the specific components, inputs and assumptions required. Employment Areas are a component of the LNA. The additional Community Area land cannot be supported through re- designating employment lands. A reduction in existing Employment Areas to support Community Area development would create a greater need for Empl oyment Area. Staff recommend proceeding with the Made-in-Niagara Forecasts for the reasons identified here and in the covering report. Preservation of Agricultural Land Society (PALS) Supportive of urban boundary expansion in Welland as it has been carefully planned for 10 years, has a linked natural heritage system, and can be logically serviced by transit. PALs not supportive of urban boundary expansions in Fort Erie and West Lincoln, for reasons of lack of transit support and loss of agricultural land, natural heritage and water resource features. Comment received. Expansions remain under consideration as part of SABR process. Page 595 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 11 GROWING REGION Commenter Comment Summary Regional Response Action Taken Timberlee Glen Development Ltd. (IBI Group) IBI Group representing Timberlee Glen Development Ltd., respecting lands in the Port Weller East area of St. Catharines, south of Lakeshore Road, between Read Rd and the Welland Canal, outlines reasons for making these lands a mixed-use area. These lands are currently employment and comprise approximately 18.4ha. This matter is the subject of an OLT appeal relating to St. Catharines OPA 26. At this time, the Region does not agree to change the designation on these lands from employment area. Employment Area conversions remain under consideration as part of the SABR process, for reporting in Fall 2021. Marco Marchionda (Marcasa Homes Inc.) Submission made in respect of lands on the north side of Regional Road No. 81 in the area of Cline Rd. comprised of approximately 2.4 ha. in Grimsby. How does the ROP identify the lands between Casablanca and Kelson Ave? Question about the potential for a MCR in Grimsby rather than NOTL given available infrastructure for development. Area identified is within Greenbelt and currently prohibited from being considered for expansion. Lands would need to be removed from the Greenbelt through Provincial process prior to consideration for expansion. Regional staff have advised commenter of Provincial prohibition for expansion. Owner (Antrix Architects Inc.) Request to include south side Forkes Street (25 acres south-west of Forks Rd and Elm St) that spans both Welland and Port Colborne municipal boundaries, be brought into Urban Area. Total lands comprise approximately 45.2 ha. This area is under consideration for possible expansion. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Page 596 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 12 GROWING REGION Commenter Comment Summary Regional Response Action Taken Hummel Properties (urbanMetrics inc.) Submitted in respect of lands located at 1287, 1301 and 1313 Niagara Stone Road (6.7 ha.) on the southern boundary of Virgil, and 308 Four Mile Creek Road (0.2 ha.) in St. Davids. Commented on the share of household growth allocated to Niagara-on-the-Lake and suggested a higher rate of 6.8% be used rather than 5%. Allocations of household growth have been evolving since initial scenarios were established in 2016. In 2019, Town staff suggested, and the Region agreed, the housing share be lowered to 5% as the developments in Old Town, Virgil and St. David’s were being built-out. No action at this time. Hummel Properties (urbanMetrics inc.) Submitted in respect of lands located at 1287, 1301 and 1313 Niagara Stone Road (6.7 ha.) on the southern boundary of Virgil, and 308 Four Mile Creek Road (0.2 ha.) in St. Davids. urbanMetrics suggests consideration be given to seasonal dwellings and how they will impact the LNA. Niagara has a considerable supply of housing units that are not occupied by a usual resident – this includes both seasonal dwellings and student housing. Additional consideration could be considered for how these units drive housing need. Consideration for units not occupied by usual residents (seasonal and student dwellings) are under further consideration for possible minor adjustment in final LNA included with Official Plan. Hummel Properties (urbanMetrics inc.) Submitted in respect of lands located at 1287, 1301 and 1313 Niagara Stone Road (6.7 ha.) on the southern boundary of Virgil, and 308 Four Mile Creek Road (0.2 ha.) in St. Davids. urbanMetrics requests conversion of lands from employment to non-employment use in Niagara- on-the-Lake, based on specific comments included in their submission. Comments received. Employment Area conversions remain under consideration as part of the SABR process, for reporting in Fall 2021. 502 Winston Road Inc. (IBI Group) Request for consideration of an urban boundary expansion - Lands at 502 Winston Rd. in Grimsby comprised of approximately 5.8 ha. Area identified is within Greenbelt. Provincial policy prohibits the Region from expansion in the Greenbelt, unless lands are removed from it. Regional Planning staff have advised agent of the Provincial Plan prohibition. Page 597 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 13 GROWING REGION Commenter Comment Summary Regional Response Action Taken Iron Horse Stables (Niagara) Inc. (JV Consulting) Request for consideration of an urban boundary expansion - Iron Horse Stables (Niagara) Inc. adjacent to existing settlement area boundary in Chippawa. 95 ha in size and bound by Sodom Road (west) and Willoughby Drive (east)- Niagara Falls Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. (1) Niagara Falls Park Inc. (2) Niagara Estates of Chippawa (3) Lyons Creek Niagara Falls (Trans Global Partners Canada) Request for urban boundary expansion in 3 separate locations in Niagara Falls – (1) 5021 Gardner Rd (81.2 ha.), (2) east side Sodom Rd between Willick Rd and Weaver Rd (36.9 ha.) and (3) northeast corner of Stanley and Logan Rd (36.6 ha.) Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Owners (Weston Consulting) Request for urban boundary expansion at 9941 Lundy's Lane in Niagara Falls being approximately 24.5 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Rankin Engineering Inc. (MHBC Planning) Request for Employment Area Conversion for lands in the STC-2 Hannover Employment Area for non-employment use. Lands are identified as 218, 222, 250 Martindale Road; 20, 25, 75 Corporate Park Drive and comprise approximately 10 ha. in St. Catharines. This site was recently addressed through St. Catharines OPA 26. At this time, the Region does not agree to change the designation on these lands from employment area. Employment Area conversions remain under consideration as part of the SABR process, for reporting in Fall 2021. Page 598 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 14 GROWING REGION Commenter Comment Summary Regional Response Action Taken Grand Niagara (The Planning Partnership) Grand Niagara request for urban boundary expansion in Niagara Falls being approximately 138 ha. west of the existing Grand Niagara golf course lands. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. River Realty, Club Italia, Redeemer Bible Church (Niagara Planning Group) Request for urban boundary expansion of approximately 40 ha. in Northwest Niagara Falls between the QEW and Montrose, south of Niagara Sports Centre Limited lands (Regency Motel). Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Anthony Romano, Andrew Zhongan, and Young Hong (Niagara Planning Group) Request for urban boundary expansion – northeast Corner of Lundy's Lane and Beechwood in Niagara Falls and comprising approximately 12.9 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Niagara Sports Centre Limited (Douglas, Morningstar & Bonin LLP) Letter of support for Niagara Sports Centre Limited and Ralph Biamonte for expansion of the northwest quadrant in Niagara Falls to include lands of approximately 64.8 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Grand Niagara Legends Estate Inc. (MHBC Planning) Grand Niagara Legends Estate Inc. request for urban boundary expansion of lands on the north side of Weaver Rd, east of Willoughby Drive, and south of Legend's way in Niagara Falls. Total area requested expansion is approximately 206 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Page 599 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 15 GROWING REGION Commenter Comment Summary Regional Response Action Taken Owner G. Douglas Vallee Limited Request for urban boundary expansion at 949 Clare Ave in Pelham are comprised of approximately 4.1 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Owner G. Douglas Vallee Limited Water and waste water calculations for 949 Clare Ave potential expansion in Pelham. Comments received. None at this time. Kaneff Properties Limited (MHBC Planning) Request for urban boundary expansion at 590 Glendale Avenue in St. Catharines being a portion of the site and totaling approximately 17 ha. Lands currently awaiting decision from NEC on designation. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Prica Global Enterprises Inc. (The Planning Partnership) Request for both an employment area conversion and settlement area expansion involving lands totaling approximately 16.3 ha. - Price Global Enterprises Inc. at 38 Merritville Inc. and Schmon Parkway. Comments received. Expansion and employment conversions are under consideration as part of SABR process, for reporting in Fall 2021. P. Coletto & Mr. D. Bartels (T. Johns Consulting Group) Rural settlement area boundary expansion request - 8250 Mud Street West and 3498 Grassie Rd, West Lincoln totaling approximately 31 ha. Comments received. Rural expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Owner Consultant for 5415 Hwy 20 West Lincoln inquiring about the property and potential expansion of the Bismark Hamlet Boundary. Inquires about studies/reports required and the overall process for the expansion. Planning staff responded to inquiry to provide information relating to rural settlement area expansion criteria. Rural expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Page 600 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 16 GROWING REGION Commenter Comment Summary Regional Response Action Taken P. Coletto & Mr. D. Bartels T. Johns Consulting Group Preliminary letter expressing rural settlement area boundary expansion request - 8250 Mud Street West and 3498 Grassie Rd, being totaling approximately 31 ha. in West Lincoln Comments received. Rural expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Andre Leblanc (IBI Group) Rural Settlement area boundary expansion request in the Caistorville Hamlet - Part Lot 20, Concession 1, West Lincoln. Request area is approximately 7.1 ha. Comments received. Rural expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Stuart Wright (Quartek) Request for urban boundary expansion- 1555 Nigh Road- Lands West of Buffalo Rd to Rosehill Rd- Town of Fort Erie. Site totals approximately 10.7 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Marz Homes (A.J. Clarke and Associates Ltd.) Engineering Feasibility Report for expansion at Schooley Rd and Michener Rd in Fort Erie totaling approximately 8.3 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Marz Homes (A.J. Clarke and Associates Ltd.) Planning Rationale Report for expansion at Schooley Rd and Michener Rd in Fort Erie totaling approximately 8.3 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Marina (Green Acres) Developments Inc. (Niagara Planning Group) Request for settlement area boundary expansion for lands on the south side of Bertie Street, east of the Fort Erie Golf club and comprised of approximately 10.2 ha. in Fort Erie. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Page 601 of 703 APPENDIX 3 Correspondance on LNA and SABR – Page 17 GROWING REGION Commenter Comment Summary Regional Response Action Taken Jukic Group Inc. (Bousfields Inc.) Request for urban boundary expansion for 'Black Creek Commons' by Jukic Group Inc. in Fort Erie. Materials provided include planning rationale, concept master plan, and responses to MCR criteria. Total of lands is approximately 371 ha. between Stevensville and Douglastown. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Owners (LANDx Developments Ltd.) Request of for technical mapping adjustment for 100 Dock Road in Thorold. Comments received. Staff are working on technical boundary adjustments, for reporting in Fall 2021. LJM Developments (Niagara Planning Group) Request for urban boundary expansion for Pt Lot 154 Garner Rd on the west side of Garner between Lundy’s Lane and McLeod Road in Niagara Falls, comprised of approximately 24.1 ha. Comments received. Expansion consideration is under review as part of SABR process, for reporting in Fall 2021. Page 602 of 703 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 September 1, 2021 CL 15-2021, August 26, 2021 LOCAL AREA MUNICIPALITIES NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA REGIONAL POLICE SERVICE SENT ELECTRONICALLY Re: Memorandum CAO 17-2021 COVID-19 Vaccination Policy Update Regional Council, at its meeting held on August 26, 2021, passed the following motion: 1. That CAO 17-2021, being a memorandum from R. Tripp, Chief Administrative Officer, dated August 26, 2021, respecting COVID-19 Vaccination Policy Update, BE RECEIVED; 2. That staff BE DIRECTED to develop and implement a policy, and any required procedures, to require all Regional employees to be fully vaccinated against COVID-19, at the earliest opportunity, subject to and in compliance with any applicable legal directives and requirements, including but not limited to applicable human rights obligations, accommodation of employees legally entitled to accommodation, MFIPPA and PHIPA; 3. That Regional Council APPROVE that the applicable provisions of the above- mentioned vaccination policy include members of Regional Council who wish to attend in-person meetings (including Committee and Council), conduct business on Regional property or facilities, or attend official events in their capacity as a Regional Councillor; and 4. That a copy of this resolution BE PROVIDED to the Local Area Municipalities, and the Region’s agencies boards and commissions, namely NRPS and NPCA. Page 603 of 703 Memorandum CAO 17-2021 COVID-19 Vaccination Policy Update September 1, 2021 Page 2 A copy of Memorandum CAO 17-2021 is attached for your reference. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2021-145 Page 604 of 703 Chief Administrative Officer 1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7 905-980-6000 Toll-free: 1-800-263-7215 ______________________________________________________________________ 1 MEMORANDUM CAO 17-2021 Subject: COVID-19 Vaccination Policy Update Date: August 26, 2021 To: Regional Council From: Ron Tripp, P.Eng., Acting Chief Administrative Officer This memo is to provide an update on the Region’s efforts concerning the Ontario Provincial Government (the “Province”) making COVID-19 vaccination policies mandatory for high-risk settings. Background As members of Council are aware, on August 17, 2021, the Province announced its intention to require businesses operating in certain high-risk settings to implement COVID-19 vaccination policies. In addition, and citing concerns about the transmissibility of the Delta variant, the Province also announced, among other things, that it was pausing the it’s exit from the Roadmap to Reopen. The Province cites this direction is intended to protect vulnerable patients and staff in settings where the risk of contracting and transmitting COVID-19 and the Delta variant is higher, as a result the Chief Medical Officer of Health has issued a directive mandating hospitals and home and community care service providers to have a COVID- 19 vaccination policy for employees, staff, contractors, students and volunteers, and for ambulance services to have a COVID-19 vaccination policy for paramedics. The vaccination policy must be effective no later than September 7, 2021, and at a minimum will require these individuals to provide proof of one of three things: • Full vaccination against COVID-19; • A medical reason for not being vaccinated against COVID-19; or • Completion of a COVID-19 vaccination educational session. Individuals who do not provide proof of full vaccination against COVID-19 will be required to undertake regular antigen testing. Businesses will be required to track and report on the implementation of their policies to the Province. This is similar to the vaccination policy requirements currently in place for long-term care homes, which have already been in effect since July 1, 2021. Page 605 of 703 Memorandum CAO 17-2021 2 Vaccination policies will also be required to be implemented in other higher-risk settings such as: • Public funded schools and private schools; • Licensed child care settings; • Post-secondary institutions; • Licensed retirement homes; • Women’s shelters; and • Congregate group homes and day programs for adults with developmental disabilities, children’s treatment centres and other services for children with special needs, and licensed children’s residential settings. Lastly, the directive also requires businesses to collect, maintain, and disclose statistical (non-identifiable) information as requested by the Province. Region Next Steps In order to achieve compliance to the Province’s directive, a working group has been established with staff representation from each of our identified high risk settings; with the support of staff from Human Resources, Legal Services, and Public Health. The focus of this group is to establish, implement, and ensure compliance with a COVID-19 vaccination policy and procedures. I have been in discussions with the Local CAO group, kept them apprised of our direction, including have committed to keep the lines of communication on this issue open with them. The vaccination policy and procedures will require staff, contractors, volunteers, and students to provide one of the following: 1. Proof of full vaccination against COVID-19 (i.e. proof of having received the full series of a vaccine or combination of vaccines approved by the World Health Organization, and having received the final dose of the vaccine at least 14 days ago); 2. Written proof of a medical reason, provided by a physician or registered nurse in the extended class that sets out: (i) a documented medical reason for not being fully vaccinated against COVID-19, and (ii) the effective time-period for the medical reason; or 3. Proof of completing an educational session about the benefits of COVID-19 vaccination prior to declining vaccination for any reason other than a medical reason. Such education session may be one prepared by the Region or another Page 606 of 703 Memorandum CAO 17-2021 3 one that must be approved by the Region and, at minimum, address the following topics: a. How COVID-19 vaccines work; b. Vaccine safety related to the development of the COVID-19 vaccines; c. The benefits of vaccination against COVID-19; d. Risks of not being vaccinated against COVID-19; and e. Possible side effects of COVID-19 vaccination. Further, under the directive, Region’s policy must also require that where staff, contractors, volunteers, or students do not provide proof of being fully vaccinated, they must submit to regular antigen point of care testing for COVID-19 and demonstrate a negative result at least once every seven days, or more frequently as may be determined by the Region. Outside of long term care, the Region will not be providing this test. As a result, the onus will fall on staff, contractors, volunteers, or students to provide the Region with verification of the negative test in a prescribed manner that enables the Region to confirm the result. It should be noted that the directive provides for accommodation of unvaccinated individuals who provide a medical basis for their unvaccinated status, the more general duty to accommodate under the Human Rights Code (the “Code”) can be triggered for reasons other than disability. For instance, creed is also a protected ground under the Code. Where, for example, an individual provides a religious basis for being unvaccinated, the duty to accommodate under the Code may be triggered. These considerations will be captured in our policy, and are still being reviewed at this time. Finally, the policy will ensure that the required statistical data will be recorded and maintained. We are still awaiting further details to be released from the Province, including more information and clarity from the various ministries. We are aware that the City of Toronto, the Province, and perhaps additional municipalities will soon also announce they are implementing vaccination policies that apply to all employees. At the moment our focus remains on following the Province’s directive that businesses operating in identified high-risk settings will require policies to be implemented by September 7, 2021. That said, our focus on the development of a vaccination policy and procedures will also remain nimble in the event it is determined appropriate to pivot and act quickly to implement such a policy in other areas, including as far as including all Region staff, contractors, volunteers, or students. Council will continued to be provided any updates as appropriate. Page 607 of 703 Memorandum CAO 17-2021 4 Respectfully submitted and signed by ___________________________ Ron Tripp, P.Eng. Acting Chief Administrative Officer Page 608 of 703 City of Welland Corporate Services "‘Office of the City Clerk ’60 East Main Street,Welland,ON L3B 3X4WellandPhone:905-735-1700 Ext.2159 |Fax:905-732-1919 Email:c|erk@we||and.ca |wvvw.we||and.ca ONTARIO -CANADA August 10,2021 File No.21-109 SENT VIA EMAIL Niagara Region 1815 Sir Isaac Brock Way P.O.Box 1042 Thorold,ON L2V 4T7 Attention:Ann—MarieNorio,Regional Clerk Dear Ms.Norio: Re:August 10,2021 —WELLAND CITY COUNCIL At its meeting of August 10,2021,Welland City Council passed the following motion: “1)THAT THE COUNCIL OF THE CITY OF WELLAND receives for information Report P&B-2021-42;and further 2)THAT Welland City Council requests Niagara Region Council to maintain the existing Grants and Incentives Programs as detailed in this Report;and further 3)THAT Welland City Council is supportive of adding additional financial incentives for affordablelrental housing;and further 4)THAT Welland City Council requests the City Clerk forward a copy of this Report to the Niagara Region,and all municipalities within the Niagara Region for information and support.” Yours truly, tqdww Tara Stephens City Clerk TS:bl c.c.:—Local Municipalities —Grant Munday,Director of Planning &Development Services —Steve Zorbas,CAO/Director of Corporate Services Bridgingthepast,,0re5entandfuture Page 609 of 703 163Page 610 of 703 164Page 611 of 703 165Page 612 of 703 166Page 613 of 703 167Page 614 of 703 168Page 615 of 703 169Page 616 of 703 170Page 617 of 703 171Page 618 of 703 172Page 619 of 703 173Page 620 of 703 174Page 621 of 703 175Page 622 of 703 176Page 623 of 703 177Page 624 of 703 178Page 625 of 703 179Page 626 of 703 180Page 627 of 703 181Page 628 of 703 182Page 629 of 703 183Page 630 of 703 184Page 631 of 703 185Page 632 of 703 186Page 633 of 703 187Page 634 of 703 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM August 30th, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This Will Concern, The Downtown Niagara Falls Board of Management has been excitingly planning our 2021 Christmas season activities! We are thrilled to announce the second annual Niagara Falls Christmas Market which would operate from November 13th until December 22nd, 2021, nightly from 5:00 pm to 10:00 pm. The market will features of the event will include over 30 giant light structures, glow swings and see- saws, nightly Christmas movies, visits with Mr. and Mrs. Claus, nightly performances, night shopping, and activities from our local businesses, and over 50 handmade vendors. Restaurants within Downtown will be equipped with patio heaters and Muskoka chairs from the BIA to maintain winter operations with approval from the City of Niagara Falls. The BIA surveyed the Downtown Members and has made separate callouts for involvement with local businesses to ensure stakeholder input. Of the 42 businesses that responded to the survey, 36 are in favour of the proposed market. The BIA is also excited to announce that we have received a provincial grant to be announced in the following weeks, which included substantial funds for purchasing light decorations, cabins, and other necessary event costs. In addition, the events committee for the BIA has been working hard on sponsorship and creating revenue to cover costs for necessary event elements. To assist with the Christmas Market, the BIA is seeking support and approval from City Council to create a pedestrian promenade to host the event and waiving fees for any necessary City costs for street maintenance and closures. The roadway would be closed for vehicle traffic for the duration of the market, including two weeks for production set-up and tear-down starting on November 1st, 2021, until December 31st, 2021. Sincerely, The Board of Management for Downtown Niagara Falls Page 635 of 703 Park St <_n.8:m><m 0:320><mm??m:><m Huron St n_.<m_mq><m m.o_.m<,:m:nm><m wcnx_m<><m Page 636 of 703 MEDIAADVISORY FOR IMMEDIATE RELEASE ~JUNE 10,2021 Contact:Captain Denny Grinold,Chair,U.S.Committee of Advisors:‘(517)819-7991 Dr.Tom Whillans,Chair,Canadian Committee of Advisors:(705)748-1011 ext.‘7789 ADVISORS TO THE GREAT LAKES FISHERY COMMISSIONIPASSRESOLUTIONSADDRESSINGGLFCFUNDING,OFFSHORE PRODUCTIVITY,LAKE TROUT STOCKING IN LAKE HURON,AND CANADIAN LEGISLATION ANN ARBOR,Ml—The U.S.and Canadian Advisors to the Great Lakes Fishery Commission (Commission)met over Zoom during the Commission’s recent 66th annual meeting to discuss a numberof issues pertaining to the Great Lakes ?shery.The Committee of Advisors is composed of citizens who represent various interests including recreational and commercial ?shing,academia,indigenous governments,municipalities,Conservation Authorities, environmental NGOs,and the public-at—|arge.Advisors meet regularly to consider issues,share information,and provide input to the Commission about the management of the shared Great Lakes ?shery.Often,the committee isabletoactasawhole.reflecting the concerns and opinions of advisors from both countries.This year.the committeepassed?ve binational resolutions pertaining to issues affecting the entire basin,described below. 1.A Resolution in Support of Restoring the Commission’s Fiduciary-Relationshipwith GlobalAffairsCanada—For the past forty years,Fisheries and Oceans Canada;which serves as a contractedagentforthesealampreycontrolprogram,has performed the Commission's fiduciary function.This dualrolehasresultedinCanada's support to the Commission being too narrowly focused on sea lampreycontrol,while neglecting the other responsibilities of the commissionincluding facilitating fisherymanagementandimplementingitsresearchprogram.The Canadian and U.S.Committee of AdvisorspassedajointresolutioncallingupontheGovernmentofCanadatomovetheCommission's fiduciaryfunctionfromFisheriesandOceansCanadabacktoGlobalAffairsCanada,as it was when the treatywasoriginallysignedin1955andthebroadertreatycommitmentswererespected.The resolution isavailable:http://wvvw.glfc.org/pubs/pdfs/resol20213.pdf. 2.A Resolution in Support of Implementing the RecommendationoftheSAB’s Report EntitledUnderstandingDecliningProductivityintheOffshoreRegionsoftheGreatL'akes——lnJune 2020,the international Joint Commission’s (IJC)Science Advisory Board (SAB)released a ground-breakingreportentitled“Understanding Declining Productivity in the Offshore Regions of the Great Lakes”,whichdiscussesthecausesofapparentdeclinesintheproductivityinoffshoreregionsoftheGreatLakesandassesseshowthesedeclinesarepotentiallyaffectingfisheries,TaheCommission wasone of 13membersofadiverseworkgroupthatprovidedinputtothereport.The report presents a number ofrecommendations,including: - -Further coordination of efforts between water qualityrand fishery managers is neededtoimproveknowledgeandadaptivemanagementofnutrlentsinthenearshoreandoffshorewatersoftheGreatLakes,given effects on productivity in these areas;-Targets for phosphorus reductions under the Great LakesWater Quality Agreementmustappropriatelybalancepotentialtrade-offsinproductivitybetween nearshore andoffshoreareas,given the stresses in place;and I-Additional support for applied research,such as experimental approaches to controlinvasivemusselsthroughtheinvasiveMusselCollaborative,is needed. The Canadian and U.S.Committee of Advisors resolution commends’the SABon the quality ofthereportandthanksallwhocontributed.Advisors endorsed the findings and.recommendations and called on the Commissiontowork withtheGreat Lakes ExecutiveCommitteetoassistwiththedevelopmentofastandingmulti-agency Cooperative EcosystemMonitoringandModelingAdvisoryCommittee,as recommendedinthereport,-:to review allcomponentsofthereport's eleven recommendations and to consider the eight identified Page 637 of 703 knowledge gaps.The joint resolution is available: http://www.qlfc.orq/pubs/pdfs/resol2021 4.pdf. l l l l I 3.A Resolution Calling for a Review of the Strategy For Lake TroltStocking and its Implementation In Southern Lake Huron ‘»I in 2018,the Lake Huron Committee made the decision to cease lake t out stocking in the-Michigan waters of southern Lake Huron based on declining relative survival of stocked lalketrout and positive trends in wild lake trout reproduction.Yet,since that decision,the current level of natural reproduction is lower than needed to replace lost stocking for the fishery and lake trout biomass has steadily declined.Tlaheissueoflake trout stocking is complex and there are multiple scienti?c unknowns,including impacts on commercial?shers,variability in predation pressure and changes in climate.Recognizing these challenges,the Canadian and Committee of Advisors passed a resolution urging the Lake Huron Committee to review the Strategy for Reducing Lake Trout Stocking in Lake Huron in consultation with the range of stakeholders (e.g.recreational,commercial and indigenous ?shers,science and environmental communities)concerned with the status of the fishery.The resolution is available: http://www.qlfc.ordjpubs/pdfs/resol2021 1.pdf. 4.A Resolution in Support of the Great Lakes —St.Lawrence Grotlip,a Subcommittee of the Canada-United States lnter-Parliamentary Group in September 2020 the Great Lakes St.Lawrence Group (GLSLG)was formalized as a subcommitteeof the Canada-United States inter-Parliamentary Group for a trial period endihgSeptember 30,@021.The intent of the GLGLG,similarto the U.S.Great Lakes Task Force,is to focus the attentionof Canada's‘electedof?cials on facilitating and promoting cross-border and multi—partisancooperationonlegislative and policyissues relating to the protection of the Great Lakes and St.Lawrence River.Noting the succ .sses of theGLSLGduring the trial period,theCanadianandU.S.Committee of Advisors passed a resolution callingifiortheCanada-United States Inter- Parliamentary Group to establish the Great LakesSt.Lawrence Group[aseitherapermanent subcommittee or as anindependentgroupwhenthetrialperiodends.The resolution also urgesthe GLSLG seek support from the Government of Canada comparable to that provided through the US.GreatLakes Restorationinitiative (GLRI).The resolution is available:http://www.qlfc.orq/pubs/pdfs/resol2021 2.pdf. 5.A Resolution regarding the Establishment of a Canada Water Agency Water governance in Canada is complex and multi—jurisdictional,curreritlyinvolvingmore than twenty federaldepartmentsandagencies,as well as the provinces,territories,municipal governments,and indigenous governments and Treaty Rights.in 2019,the Prime Minister of Canada directed his ministers to create a newCanadaWaterAgencytocoordinatewithallinvolvedpartiestofindwaystokeepwatersafe,clean and well- managed.The Canadian and U.S.Advisors unanimously passed a res'cE>lutionsupportingthe creation of a CanadaWaterAgency,and calling upon the Government of Canada to ensureCWA’smandate islclearlyand stronglyalignedwith?sheries and ?sh habitat protection and management.The resolution also urges the creation,governance and activities of the CWA be designed to complement and tillgaps in the existing multi—nation management and science governance institutions.The resolution is available:http://www.qlfooggmubs/pdfs/resol20215.pdf. l Dr.Tom Whillans of Trent University,chair of the Canadian Committeeof Advisors,said,“Despitethe extremechallengesofthispastyear,the Committee of Advisors remained engaged on a variety of legislative and environmentalissues.The binational support for these ?ve resolutions,including three that are directed to the Government of Canada,reflects the strength of our cross-border relationships,our diverse areas of interest and expertise,and our sharedcommitmenttoscience—basedmanagement.” Page 638 of 703 l 1 l l “Allwho serve on the Committee of Advisors are dedicated and driven individualswhoaredeeply committed to strengthening cooperation,enhancing science,and driving needed legisla ive actions to protect and rehabilitate the Great Lakes and its world-class fishery,”said Captain Denny Grinold,chairof the U.S.Committee of Advisors. “The Great Lakes Fishery Commission values the input and advice from the Committee of Advisors.Commissioners and staff will take appropriate action on'these well-conceived resolutions,”saidRobert Lambe,executive secretary of the Commission.‘ __3o__ The opinions expressed here are those of the independent committee pf advisors and not necessarilythose of theGreatLakesFisheryCommission.The Committee of Advisors consistslofboth U.S.and Canadian representatives,from indigenous,commercial,recreational,academic,agency,environmental,and public ?shery interests in the GreatLakesBasin.Advisors provide advice to the Great Lakes Fishery Com v iss/‘on;U.jS.advisors are nominated by theStateGovernors,and appointed by the commission.Canadian ad lisors are appointed by the commission. Sttare this emeit: r-rsage your pretereiwces §em:out usir:-q ‘{rueRemo*«re**" is a forward?5E?§{:{:“”t to receive our tt.:iu.r<-2emaéfs. "~,’i;£-mythis email e:“i3‘m:t~. 2’!€3<;mmomx«'eaEti7 Bivd Suite ‘i€}{} A1321Arzfvor,tzriil ~’i8‘:G5'‘S Tm email was sent to deibe;t.'she\r;ieit@gmaEtcom.s 70 ccrztintsereceiving owiematis,add us to ya 4;.address hook Page 639 of 703 September 3, 2021 The Honourable Doug Ford, M.P.P. Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Sent via email: premier@ontario.ca Re: Comprehensive Marine Strategy Our File 35.31.99 Dear Premier Ford, At its meeting held on August 30, 2021, St. Catharines City Council approved the following motion: “WHEREAS Canadians depend on our waterways for leisure, sustenance, and their livelihood and our marine sectors contribute approximately $31.7 billion annually in gross domestic product and account for close to 300,000 jobs; and WHEREAS the federal government has consulted widely with the provinces and territories, Indigenous peoples, industry, conservationists, and all Canadians in the development of the Blue Economy Strategy; and WHEREAS Quebec, British Columbia, and the Atlantic provinces have achieved great success in the emerging marine sector economy, and to remain competitive Ontario must capitalize on the economic potential of its marine sector; and WHEREAS the marine industry is vital to Ontario’s economy through the creation of jobs, increased supply chain efficiencies and resilience, and the ability to reduce greenhouse gas emissions and road congestions; THEREFORE BE IT RESOLVED that St. Catharines City Council calls on the Government of Ontario to create a comprehensive Marine Strategy that will: • Provide the Great Lakes with modern and competitive infrastructures, and • Ensure efficient and ecosystem-friendly navigation of the Great Lakes, and • Deliver sustainable development opportunities for maritime communities; and Page 640 of 703 BE IT FURTHER RESOLVED that St. Catharines City Council calls on the Government of Ontario to signal their commitment to the importance of the marine sector by appointing or creating an Ontario Marine Strategy Secretariat position to lead the consultations and oversee the strategy; and BE IT FURTHER RESOLVED that a copy of this motion be forwarded to Premier Doug Ford; Vic Fedeli, Minister of Economic Development, Job Creation and Trade; Caroline Mulroney, Minister of Transportation; local MPPs; the Association of Ontario Municipalities (AMO); Ontario’s Big City Mayors (formerly Large Urban Mayors Caucus of Ontario-LUMCO); the Niagara Region; all local area municipalities; MP Chris Bittle; MP Vance Badaway; and Kinga Surma, Minister of Infrastructure. If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em cc: Vic Fedeli, Minister of Economic Development, Job Creation and Trade vic.fedeli@pc.ola.org Caroline Mulroney, Minister of Transportation caroline.mulroney@pc.ola.org Kinga Surma, Minister of Infrastructure kinga.surmaco@pc.ola.org Jennifer Stevens, MPP - St. Catharines, JStevens-CO@ndp.on.ca Jeff Burch, MPP - Niagara Centre, JBurch-QP@ndp.on.ca Wayne Gates, MPP - Niagara Falls, wgates-co@ndp.on.ca Sam Oosterhoff, MPP - Niagara West-Glanbrook, sam.oosterhoff@pc.ola.org Chris Bittle, MP - St. Catharines Chris.Bittle@parl.gc.ca Vance Badaway, MP - Niagara Centre Vance.Badawey@parl.gc.ca The Association of Ontario Municipalities (AMO), amo@amo.on.ca Ontario’s Big City Mayors, info@ontariobigcitymayors.ca The Niagara Region Local area municipalities Brian York, Director of Economic Development and Government Relations Melissa Wenzler, Government Relations Advisor, City of St. Catharines Page 641 of 703 1 August 4, 2021 Sanjay Coelho Ministry of the Environment, Conservation and Parks - Environmental Policy Branch 40 St Clair Avenue West, Floor 10 Toronto, ON M4V1M2 mecp.landpolicy@ontario.ca RE: ERO 019-2785 Dear Mr. Coelho The following is the submission from Gravel Watch Ontario (GWO; gravelwatch.org) in response to the request for comments on the Proposed Land Use Compatibility Guideline, Ministry of Environment, Conservation and Parks (March 2021) ERO 019-2785. About Gravel Watch Ontario Gravel Watch Ontario is a province-wide coalition of citizen groups and individuals that acts in the interests of residents and communities to protect the health, safety, quality of life of Ontarians and the natural environment in matters that relate to aggregate resources. GWO recognizes the obligation to protect agricultural lands, water resources and the natural environment, all of which are essential for building a climate-resilient Ontario for future generations. GWO works with and on behalf of our members and communities throughout the province to advocate that policies regulating aggregate extraction not result in permanent loss of farmland or rural landscape amenities and do not damage the integrity of the water resources supplied by the rural landscape. Gravel Watch Ontario has commented on government planning and aggregate policies for over 15 years. We understand that ERO notice 019-2785 links to four separate compliance initiatives. GWO’s submission focuses on aggregate resources as it pertains to these draft Land Use Compatibility Guidelines. In general, GWO found the information regarding aggregate to be scattered throughout various sections of the document, often unclear or contradictory, making it particularly onerous on the reviewer to sift through and sort out the intent and nature of land use compatibility as it relates to aggregate operations. The ensuing discussion has italicized and indented the instructions identified in the Guideline with GWO’s comments following thereafter for ease of reference. Page 642 of 703 2 1. INTRODUCTION & CONTEXT 1.1 Overview GWO Concern/Issue – Preferential Treatment of Aggregate Class 3 Major Facilities over Sensitive Land Uses The objective of the current EPA D-6 Guideline is to “prevent or minimize the encroachment of sensitive land use upon industrial land and vice versa, as these two types of land uses are normally incompatible due to possible adverse effects on sensitive land use created by industrial operations.” The overview of the Land Use Compatibility Guideline states that “the Guideline is to be applied to achieve and maintain land use compatibility between major facilities and sensitive land uses when a planning approval under the Planning Act is needed in the following circumstances: A new or expanding sensitive land use is proposed near an existing or planned major facility, or A new or expanding major facility is proposed near an existing or planned sensitive land use.” Although the Compatibility Guideline requires equal application by both a major facility and a sensitive land use, they are not treated equally throughout the document. For example, Section 2.8 of the Guideline, demonstration of need is to be carried out by proponents of sensitive land uses only. In Appendix D, the Area of Influence (AOI) and the Minimum Distance Separation (MDS) for are not applicable to land use decisions for new or expanding aggregate operations. The Guideline also identifies aggregates as a sector which has had a history of ongoing and frequent complaints. Situating aggregate operations near sensitive land uses under exempted and exclusive rules does not achieve compatibility. GWO Recommendation #1 Apply the Guideline in the same manner for new or expanding aggregate operations as for sensitive land uses. 1.2 General Approach to Planning for Land Use Compatibility GWO Concern/Issue -- Co-existence and Compatibility Not Conceptually Related “Land Use compatibility is achieved when major facilities and sensitive land uses can co-exist and thrive for the long-term within a community through planning that recognizes the locational needs of both.” The terms compatibility and co-existence are not conceptually the same. Compatibility denotes relations that are well-suited, friendly and harmonious. Co-existence, on the other hand, denotes tolerance and forbearance. Inferring these terms are correlated sets the stage for further conflict, lengthy appeals and increased costs for all parties. Page 643 of 703 3 In Section 3.8, the concept of co-existence as meaning tolerance is confirmed. “…..after a major facility has obtained its necessary planning approvals to be located in an area that may be close to a sensitive land use (e.g. a residential development), or vice versa..… the tools available to the Ministry (MECP) to deal with contaminants from the facility as well as technical solutions may be limited…… which may result in a situation where the sensitive land use has to co-exist with ‘minor impacts’ from the major facility over the long term….. and subsequent complaints about adverse affects (noise, dust and odour) may be directed to the municipality”. Minor impacts are not defined but the sensitive land use is expected to tolerate the resulting adverse effects for the long term. Long term consequences can result in societal costs associated with health and safety or environmental degradation. It’s an unfair practice to expect the public to tolerate long term consequences. Use of the term co-existence does not align with federal international agreements regarding sustainable development and climate change which strive for a balance between the various sectors of society. This balance is also reflected in Ontario’s environment, climate change and planning frameworks. GWO Recommendation #2: Maintain the conceptual distinction between compatibility and co-existence. Distinguish between minor and major impacts. Ensure the MECP Guideline aligns with national and international agreements as well as the provinces’ social, environmental and climate change responsibilities. 1.3 Guiding Hierarchy for Land Use Compatibility Planning GWO Concerns/Issues – The PPS not being read in its’ entirety. “Separation of incompatible land uses is the preferred approach to avoiding land use compatibility issues. The Guideline state that this approach is consistent with PPS 1.1.5.6” The PPS speaks to the incompatibility of sensitive residential land use with existing aggregate operations. GWO believes that the reverse is also true as per Case Law - Capital Paving v Wellington (County) 2010 Carswell Ont. Paragraph 6…. “it is fair to say the PPS speaks to incompatibility of sensitive residential use with earlier operations, and the reverse is also true, that a proposed pit may be incompatible with prior residential use”. Although the Guideline in Section 1.7.1 generally supports fulfillment of provincial interests identified in the PPS, missing throughout the document is identification to the pertinent PPS clauses which direct consideration for development to (1) consider social and environmental impacts, and (2) only permit development once potential impacts have been addressed. Page 644 of 703 4 GWO Recommendation #3: Apply the same requirement for new or expanding major facilities near established and planned sensitive land uses as for sensitive land uses being proposed near major facilities. Consistently apply all relevant PPS clauses. GWO Concern/Issue – Ambiguous Terminology and Lack of Meaningful Public Involvement “When avoidance (i.e. separation) alone is not possible, minimizing and mitigating potential impacts may provide a basis for a proposal. If minimization is not viable, the proposed incompatible land use should not be enabled, and related planning or development applications should not be approved” GWO supports this Guideline. The term ‘should’, however, is indefinite and subject to interpretation and ambiguity. GWO Recommendation #4: Change the word ‘should’ to ‘shall’ to provide clear direction to ensure incompatible uses are not enabled nor approved. “Planning authorities, proponents and the surrounding communities ‘should work together’ to achieve land use compatibility”. Working together is a viable approach to achieving compatibility. ‘Should work together’ implies relationship building, collaboration and compromise. Appendix C, however, outlines best practices for relationship building as merely communicating with members of the public. Communication relates to the informing stage of planning engagement conventions as depicted on Step 3 of the Arnstein’s Ladder of Public Participation (https://www.citizenshandbook.org/arnsteinsladder.html.) ‘Informing’ is generally a one-way communication strategy that rarely results in even minor adjustments. Informing does not denote, nor reflect the concept of ‘working together’. Society’s legal and institutional framework that sanctions planning decisions has increasingly recognized the benefit of various engagement measures for practical deliberations that include various perspectives and encourages dialogue to promote understanding among stakeholders’ values and interests. The role of the public to bring forth community values is critical. It is also critical to consider the concept of ‘working together’ as relationship building and collaboration in regards to the Duty to Consult with Indigenous Peoples. GWO Recommendation #5: Change ‘should work together’ to ‘shall work together’. Enable collaboration to achieve the desired outcome of compatibility. Clearly identify the government’s responsibility for the Duty to Consult with Indigenous Peoples and ensure it is implemented at the outset of development when changes in land use are being considered. Page 645 of 703 5 1.6 Roles and Responsibilities 1.6.1 Planning Authorities Planning authorities must not approve development proposals where there are irreconcilable incompatibilities (i.e. adverse effects with no feasible required mitigation measures). Land use planning decisions that result in incompatibility may create ongoing issues for all parties, including municipalities to address noise and odour complaints and other impacts. GWO supports the above guideline. GWO Concern/Issue – Increased responsibility on the planning authorities Planning authorities also undertake planning exercises which must address land use compatibility, such as comprehensive reviews of OPs, development of secondary plans and reviews of zoning by-laws. To address land use compatibility, OP policies and land use designations….must be up-to-date and in accordance with this Guideline. Updating OPs and zoning by-laws is a daunting task which puts pressure on planning authorities’ capacity requirements and ultimately for increasing property taxes. Although mandated under the same Planning Act as municipalities, Local Planning Authorities in rural and unorganized territories do not have the corresponding human and financial resources to carry out basic planning functions, let alone up-dates to OPs and zoning by-laws in regards to this Guideline. GWO Recommendation #6: Do no overburden planning authorities’ capacity and planning budgets. Review the viability and effectiveness of Local Planning Boards to carry out high level planning functions. 2. TOOLS TO ASSESS LAND USE COMPATIBILITY 2.1.1-3 Areas of Influence and Minimum Set Back Distances GWO Concern/Issue – Preferential Treatment Given to Aggregate Operations An influence area approach to minimize land use conflicts for aggregate resource extraction has long been recognized. The 1986 Guideline on Implementation of the Mineral Aggregate Resources Policy Statement (Ministry of Natural Resources) states that: “An influence area is the area surrounding a pit or quarry where the impacts of the operation may be felt on the environment, nearby residents and land uses. The influence area concept is intended to protect existing or designated sensitive land uses from proposed pits or quarries and existing or designated pits or quarries from encroachment by sensitive uses …” Guideline Section 1.2 recognizes that sensitive land uses located too close to a major facility could experience environmental impacts as well as risks to public health and safety. Similarly, Section 2.1.3 states that: Page 646 of 703 6 “proposals should not result in sensitive land uses being located in MSDs as adverse effects are highly likely to occur.” While a planning authority may determine that an Area of Influence may be smaller (based on supporting studies), it must never be smaller than the MSD in the Guideline. However, while recognizing that some above-ground equipment such as crushers, ready-mix concrete plants and asphalt plants may require ECA’s, the Guideline states: The AOI and MSD in the Guideline are not applicable to land use decisions for new or expanding aggregate operations proposed near sensitive land use. And, Section 2.2 states: Aggregate Operations (Aggregate extraction, Resource Extraction, Other mineral quarries) identified as Class 3 (AOI 1,000 m/MSD 500 m) AOI and MSD only applies to new or expanding sensitive land use proposals near major facility aggregate operations. In addition, the Aggregate Resources Ontario Provincial Standards (AROPS) refers to measurement of separation as the distances to sensitive receptors, not to the property boundary of a sensitive land use as recommended in Section 2.4 and in relation to Section 3.3 “At-receptor mitigation is not recognized by the Ministry to mitigate odour and dust impacts” and in Appendix B.1 “the Ministry-developed AOIs in this Guideline should address both noise and vibration…separation distances for noise are larger than vibration so covering noise impacts will cover vibration impacts” which fails to account for any future expansions of the aggregate operation or changes to the site plan. Although Guideline Section 4 recommends planning mechanisms to assist in the implementation of land use compatibility, Section 66 of the ARA is highly restrictive of municipal authority such as municipal site plan controls and development permits. Both the PPS (Section 2.5.2.4) as well as the ARA (Section 12.1 (1.1) prohibit municipalities from issuing zoning by-laws to restrict the depth of extraction while Guideline Section 4.1 recommends adverse impacts on sensitive land uses to be considered at the Official Plan (OP) and zoning stage. Section 13 of the ARA, however, allows the Minister, at any time, to rescind or vary a condition of a licence, amend a licence or require a licensee to amend the site plan. A licensee may also make the same requests of the Minister at any time. These unknown operational impacts cannot be adequately assessed or determined at the planning/approval stage. The question then becomes…how can a planning authority be responsible for approvals of an industrial extractive zoning when site plans can be changed at the licensing stage and throughout the life of the license for which the planning authority has no control? GWO Recommendation #7: For new or expanding aggregate operations: o Apply the prescribed AOI and MSD required for Class 3 Major Industrial Facilities proposed near Sensitive Land Uses, o Measure separation distances (AOI and MSD) from the property boundary of the proposed aggregate operation (Class 3 Major facility) and from the property boundary of the existing sensitive land use to accommodate future expansions of the major facility, Page 647 of 703 7 o Adhere to the Guideline for a Class 3 Major Facility (as identified in Section 2.2 Table 1) with the understanding that some aggregate operations may cause adverse effects beyond the MSD of 500 M and in some cases, beyond the AOI of 1000 M o Be subject to the steps in Section 2.5 for a proposed or expanding major facility that is within the AOI or MSD of an existing or planned sensitive land use. o Recognize Section 2.9 of the Decision Tree for Land Use Compatibility that may result in a proposed Major Facility not going ahead if expected adverse effects cannot be minimized and/or mitigated to the level of no adverse effects. 2.8 Demonstration of Need GWO Concern/Issue – Preferential Treatment Given to Aggregate Producers – no balance The demonstration of need…..is only required by proponents of sensitive land uses. When considering new sensitive land uses near mineral aggregate areas, planning authorities must consider active aggregate operations, zoning which permits future aggregate operations and, where provincial information is available, deposits of mineral aggregate resources. The concern in this Section is the nature and regional distribution of aggregate since there are areas throughout the province where distribution of aggregate is ubiquitous. “Freezing” land has the potential to restrict settlement to narrow confines. This situation does not take into consideration future generations, which is antithetical to the United Nations concepts and definitions pertaining to ‘development that meets the needs of the present without compromising the needs of future generations’1. Freezing land also creates the risk for mega-quarry development that can lead to long term and irreversible impacts. There is little data available regarding aggregate reserves yet the focus is to open up new lands closer to market as a means to reduce transportation costs for the producer. Lands nearest to market are also lands nearest or adjacent to residential or farm lands which places the risk of long term and irreversible impacts onto the sensitive land use. An unbalanced approach to demonstration of need will perpetuate conflict, constrained relations, and more appeals, thereby increasing costs for government, the proponent and the general public which is contradictory to the stated purpose of this Guideline. GWO Recommendation #8 Apply the same requirement for Demonstration of Need in the same manner to new or expanding major facilities as for sensitive land uses being proposed near major facilities. Ensure compatibility is a two way process. The Guideline further states: Compatibility studies should be prepared by the proponent..….the planning authority is responsible to review compatibility….If in house expertise is not available, the planning authority should consider having a peer review of studies at the expense of the proponent. 1 World Commission on Environment and Development. Our Common Future, Oxford, UK. Oxford. University Press. 1987. Page 648 of 703 8 GWO Recommendation #9 Should a planning authority conduct a review of a proponent’s compatibility study with in- house expertise, the expense should be borne by the proponent. 3. COMPLIANCE GWO Concern/Issue – The public is expected to tolerate impacts for the long term Increased municipal responsibility to deal with complaints “Per its compliance framework, the Ministry may refer incidents related to compatibility issues that stem from planning decision to a more appropriate level of government or agency (e.g. municipality)…..after a major facility has obtained its necessary planning approvals to be located in an area that may be close to a sensitive land use (e.g. a residential development), or vice versa..… the tools available to the Ministry (MECP) to deal with contaminants from the facility as well as technical solutions may be limited…… may result in a situation where the sensitive land use has to co-exist with ‘minor impacts’ from the major facility over the long term….. and subsequent complaints about adverse affects (noise, dust and odour) may be directed to the municipality”. Conceptual alignment regarding co-existence as being compatible is applicable here. Refer to Section 1 regarding terminology. Co-existence and compatibility are not conceptually the same and compatibility is a two-way process. Refer to page 3 regarding the discussion pertaining to Section 1.2 and the lack of distinction between minor and major impacts. Shifting EPA compliance to the planning authority puts pressure on municipal capacity requirements which ultimately puts pressure on increasing municipal property taxes thereby shifting the financial responsibility to the public. In areas outside municipal boundaries, the role of Local Planning Boards is not mentioned and the public in these areas have no avenue available to have their concerns or complaints dealt with appropriately given the capacity limitations of Planning Boards. Similar to Section 2, how can planning authorities be responsible for compliance issues when site plans can be changed at the licensing stage and throughout the life of the aggregate operations which is outside the planning authorities’ jurisdiction? GWO Recommendation #10 Ensure compatibility goes both ways. Do not overburden planning authorities with EPA compliance issues. Review the viability and effectiveness of Local Planning Boards to deal with EPA complaints and compliance issues. Page 649 of 703 9 4.0 IMPLEMENTATION AND PLANNING TOOLS 4.3.1 Municipal By-laws GWO Concern/Issue Increased workload for planning authorities and risk of increasing property tax burden Lack of reference to fly rock as a contaminant Onus is on the municipality to enforce by-laws that would prevent and respond to land use compatibility issues. Development and enforcement of by-laws regarding EPA compatibility issues puts further pressure on planning authorities’ capacity requirements and risk of increase to local property taxes. As stated above, once the license has been approved, the planning authorities’ oversight is limited by the PPS and the ARA. In addition, Local Planning Boards do not have the capacity for by-law enforcement. The public in these areas must rely on the good will of the self-reporting aggregate producers to comply with compatibility issues. GWO Recommendation #11: Do not overburden planning authorities’ capacity and planning budgets. The province needs to review the viability and effectiveness of Local Planning Boards to not only develop by-laws but to carry out their enforcement. GWO Recommendation #12: MECP to take responsibility for monitoring and compliance regarding their mandate for the environment as it relates to major facilities. APPENDIX - D – SECTOR SPECIFIC RELATED TO AGGREGATES GWO Concern/Issue Preferential Treatment of Aggregate Industry PPS not being referred to in its entirety Recognition of the differences between planning and licensing stages Overall, aggregate operations are depicted as having priority over sensitive land uses. This imbalance includes the following: AOIs and MSDs are not applicable to land use decisions for new or expanding aggregate operations proposed near sensitive land uses, Not requiring demonstration of need, PPS clauses are not being applied consistently, and Grey areas exist between the planning and licensing functions. The PPS favours a balanced approach regarding the potential for social and environmental impacts. Pertinent PPS clauses that consider the EPA state that development is to only be permitted when public health & safety, air quality and climate change have been addressed. Incompatibility in terms of noise, air, contaminants and vibration relate to public health and safety or environmental degradation and Page 650 of 703 10 although they are potential impacts of aggregate operations, they are not fully addressed by this Guideline. Within this section, the planning authority is to consider compatibility as per the PPS and the ARA. Planning authorities….should also take into consideration that through the licensing process under the Aggregate Resource Act (ARA), MNRF also has requirements to assess potential impacts on existing nearby land uses and whether it is feasible to mitigate potential impacts through that process. The ARA is not a feasible mechanism to address compatibility because it is proponent driven. Although addressing public concerns regarding potential impacts from operations are the proponent’s responsibility under the ARA, the purposes of the ARA are to manage, control and regulate aggregate resources and operations to “minimize” the adverse impact on the environment. Compatibility between land uses is a government planning function and a responsibility that relates to public interest and community well-being. As a business, the proponent’s corporate responsibility is to their shareholders and business profitability. The ARA and accompanying AROPS are not planning but operational documents and focus on the merits of the proposed pit’s operations. GWO Recommendation #13 Be explicit regarding all compatibility requirements. Clearly identify that the PPS is to be read in its’ entirely. Aggregate operations should not take precedence over municipal planning. Recognize the difference between the planning and licensing functions. GWO Concern/Issue – Preferential Treatment of Aggregate Operations “Planning authorities must consider the potential for adverse effects from aggregate operations (including existing, planned and potential future operation), such as traffic to and from the facilities, and noise and dust from blasting, crushing or other operations, for proposals that require a planning approval.” The Guideline also requires planning authorities to consider impacts for future aggregate operations where zoning is approved, deposits of mineral aggregate resources where provincial information is available, as well as dormant, licenced pits and quarries and un-rehabilitated “legacy” sites. Although the surficial geology maps identify location and extent of aggregates, quality is not always well defined, only the range and nature of the deposit. Determining quality requires further testing through bore holes and analysis of the material. Under this Guideline aggregate operations can freeze land for potential (not predicted) development even though the operation may not be permitted or even feasible given the quality or quantity of the material in particular locations. Freezing land would be detrimental to a cohesive society, compatible relations and future generations. GWO Recommendation #14: Consider equity and the balance of land uses and opportunities for future generations. Appendix D does not consider other potential adverse effects from aggregate operations such as the potential for groundwater and surface water contamination. Since these adverse effects on sensitive Page 651 of 703 11 land uses are not specified in the Guidelines, there may be confusion for planning authorities when considering approvals for rezoning of aggregate operations. GWO Recommendation #15: Clearly indicate that MECP Guidelines relate to noise, dust, odour and vibrations only. Clearly indicate that planning authorities need to consider all adverse effects when considering planning proposals. WHAT’S MISSING IN THE GUIDELINES 1. Fly Rock The Guideline does not include fly rock as a discharge from quarry blasting and the adverse effect on sensitive land uses. Ontario Regulation 244/97 under the ARA which pertains to fly rock was approved on November 2020 and should be addressed in the Guideline. 2. Cumulative Effects Aggregate extraction is often described as a temporary or interim use even though aggregate licenses are granted with no end date (in perpetuity) and gravel pits and quarries can lie dormant for decades. It is the local property owners, residents and communities which are in the location for the long term and will have to live with the consequences. MNRF’s siloed approach to assessing aggregate operations and pit licenses is maladaptive to deal with the long term consequences that can result from the expansion of aggregate operations. A project specific lens is not adequate to determine the incremental effects from past, present and future human actions. It is misleading to not consider the full potential of social and environmental impacts from all development occurring in a region, not merely from one operation but how that operation relates within the locational context. GWO Recommendation #16: Include land use compatibility provisions to protect sensitive land uses and the environment from the adverse impacts of fly rock. Consider the cumulative effects of past, current and future developments before there are unsightly and irreversible effects. CONCLUSION The long standing recognition of the inherent incompatibility between sensitive land uses and industrial lands goes back in history to when land use activities that generated noise, smell, unsanitary or hazardous conditions were walled off from civic activities and living spaces as a means to regulate compatibility. Whether a sensitive land use proposes to expand near an existing aggregate operation, or whether an aggregate operation proposes to expand near an existing sensitive land use, the effects will be the same. Planning was and is the mechanism to provide guidance to reduce the risk for social and environmental impacts and/or conflicts associated with land use decisions. Compatibility is a two-way process and must be reflected throughout the document. Aggregate extraction, by its very nature, is not a renewable resource and therefore cannot be considered a Page 652 of 703 12 sustainable resource. The Guideline should align with global concepts of sustainable development and the underlying tenants of corporate social responsibility and adherence to good planning. The Guideline should be applied by the municipality when considering planning applications for new and expanding pits and quarries near sensitive land uses where the effects on and of climate change and the health and safety of communities and future generations can be considered. The ARA proponent-driven, site- specific studies of the aggregate licencing process should not be substituted for good planning. Unless the Guideline is applied to aggregate operations as Class III industrial facilities without exemption, and planning authorities are given the tools and human and financial resources to carry out the expectations in this Guideline, land use compatibility and the potential for conflict with nearby sensitive land uses cannot be resolved. SUMMARY OF RECOMMENDATIONS GWO Recommendation #1 Apply the Guideline in the same manner for new or expanding aggregate operations as for sensitive land uses. GWO Recommendation #2: Maintain the conceptual distinction between compatibility and co-existence. Distinguish between minor and major impacts. Ensure the MECP Guideline aligns with national and international agreements as well as the provinces’ social, environmental and climate change responsibilities. GWO Recommendation #3: Apply the same requirement for new or expanding major facilities near established and planned sensitive land uses as for sensitive land uses being proposed near major facilities. Consistently apply all relevant PPS clauses. GWO Recommendation #4: Change the word ‘should’ to ‘shall’ to provide clear direction to ensure incompatible uses are not enabled nor approved. GWO Recommendation #5: Change ‘should work together’ to ‘shall work together’. Enable collaboration to achieve the desired outcome of compatibility. Clearly identify the government’s responsibility for the Duty to Consult with Indigenous Peoples and ensure it is implemented at the outset of development when changes in land use are being considered. GWO Recommendation #6: Do no overburden planning authorities’ capacity and planning budgets. Review the viability and effectiveness of Local Planning Boards to carry out high level planning functions. Page 653 of 703 13 GWO Recommendation #7 That new or expanding aggregate operations: o Apply the prescribed AOI and MSD required for Class 3 Major Industrial Facilities proposed near Sensitive Land Uses, o Measure separation distances (AOI and MSD) from the property boundary of the proposed aggregate operation (Class 3 Major facility) and from the property boundary of the existing sensitive land use to accommodate future expansions of the major facility, o Adhere to the Guideline for a Class 3 Major Facility (as identified in Section 2.2 Table 1) with the understanding that some aggregate operations may cause adverse effects beyond the MSD of 500 M and in some cases, beyond the AOI of 1000 M o Be subject to the steps in Section 2.5 for a proposed or expanding major facility that is within the AOI or MSD of an existing or planned sensitive land use. o Recognize Section 2.9 of the Decision Tree for Land Use Compatibility that may result in a proposed Major Facility not going ahead if expected adverse effects cannot be minimized and/or mitigated to the level of no adverse effects. GWO Recommendation #8 Apply the same requirement for Demonstration of Need in the same manner to new or expanding major facilities as for sensitive land uses being proposed near major facilities. Ensure compatibility is a two way process. GWO Recommendation #9 Should a planning authority conduct a review of a proponent’s compatibility study with in- house expertise, the expense should be borne by the proponent. GWO Recommendation #10 Ensure compatibility goes both ways. Do not overburden planning authorities with EPA compliance issues. Review the viability and effectiveness of Local Planning Boards to deal with EPA complaints and compliance issues. GWO Recommendation #11: Do not overburdening planning authorities’ capacity and planning budgets. Review the viability and effectiveness of Local Planning Boards to not only develop by-laws but to carry out their enforcement. GWO Recommendation #12: MECP to take responsibility for monitoring and compliance regarding their mandate for the environment as it relates to major facilities. GWO Recommendation #13 Be explicit regarding all compatibility requirements. Clearly identify that the PPS is to be read in its’ entirely. Aggregate operations should not take precedence over municipal planning. Recognize the difference between the planning and licensing functions. Page 654 of 703 14 GWO Recommendation #14: Consider equity and the balance of land uses as well as opportunities for future generations. GWO Recommendation #15: Clearly indicate that MECP Guidelines relate to noise, dust, odour and vibrations only. Clearly indicate that planning authorities need to consider all adverse effects when considering planning proposals. GWO Recommendation #16: Include land use compatibility provisions to protect sensitive land uses and the environment from the adverse impacts of fly rock. Consider the cumulative effects of past, current and future developments before there are unsightly and irreversible effects. REFERENCES: Arnstein’s Ladder of Public Participation, found at: (https://www.citizenshandbook.org/arnsteinsladder.html.) EPA D-Series Guidelines D-1 Land Use and Compatibility D-1-1 Land Use Compatibility: Procedure for Implementation D-1-2 Land Use Compatibility: Specific Applications D-1-3 Land Use Compatibility: Definitions D-6 Compatibility between Industrial Facilities D-6-1 Industrial Categorization Criteria D-6-3 Separation Distances Government Documents: Aggregate Resources Act Regulations, Amendments 2020 Aggregate Resources of Ontario Provincial Standards, Amendments 2020 Provincial Policy Statement 2020 Ontario Planning Act Mineral Aggregate Resources Policy Statement and Guideline on Implementation Ontario Environmental Protection Act (EPA) World Commission on Environment and Development. Our Common Future, Oxford, UK. Oxford. University Press. 1987. Page 655 of 703 June 21,2021 Report to:Township of Ramara Committee of the Whole Subject:Proposed Land Use Compatibility Guideline Ministry of Environment,Conservation and Parks (MECP) Recommendations 1.That the Committee of the whole receive the Report,‘Proposed Land Use Compatibility Guideline’,dated June 21,2021,as presented by Mark Dorfman;and 2.The Township of Ramara shall submit this Report and Recommendations to the Ontario Ministry of the Environment,Conservation and Parks under Environmental Registry of Ontario Number 019-2785,prior to July 3,2021,to At its meeting held on June 7,2021,the Committee of the Whole passed a motion requesting “A report regarding the Aggregate sections of the proposed Land Use Compatibility Guidelines”. On May 4,2021,MECP published the proposed Guidelines for public consultation.This is one of four initiatives that were issued at the same time.These initiatives are intended “to strengthen compliance tools that hold polluters accountable and create consistent guidelines to prevent and address noise and odour issues.” Submissions to MECP are to be made on or before July 3,2021. EXISTING D-SERIES GUIDELINES The MECP intends to update and replace the D-Series Guidelines related to land use compatibility that has existed since July 1995.The existing Guideline D-6,“Compatibi|ity Between Industrial Facilities and Sensitive land uses”applies to the land use planning process “to prevent or minimize future land use problems due to the encroachment of sensitive land uses and industrial land uses on one another”. The D-6 Guideline does not apply to pits and quarries if there are site specific studies related to an aggregate application.Otherwise,as I understand,when an of?cial p|an/amendment and zoning bylaw/amendment are considered for new sensitive land uses encroaching on an existing pit or quarry,the D 6 Guideline should be used by the municipality.Although not clearly enunciated in the D 6 Guideline,I believe that the D-6 Guideline should be used when the municipality is considering planning applications for new and expanding pits and quarries. Mark L.Dorfman,Planner Inc. 219 -50 Westmount Road North,Waterloo,ON,N2L 2R5 Telephone:519-888-6570 -Facsimiliez 519-888-6382 ~E-mail‘dmark@m|dpi.ca mecg.|andgo|icy@ontarIo.ca Page 656 of 703 THE PROPOSED LAND USE COMPATIBILITY GUIDELINE Overview The proposed Guideline focuses on official plan and zoning bylaw updates;applications to amend the of?cial plan,the zoning bylaw,site plan applications,and plan of subdivision applications.It is clearly stated that the municipality should use the Guideline where a new of expanding sensitive land use is proposed near an existing or planned major facility and where a new or expanding major facility is proposed near and existing or planned sensitive land use. A Major Facility includes Resource Extraction Activities.A Sensitive Land use is a building, amenity area or outdoor space,such as dwellings,day care centres,health and education facilities,public parks,harbours. The Guideline is used to enable certain land uses to coexist in the long-term.Compatibility is two ways:it means that adverse effects such as noise,dust,odour and vibration from Major Facilities on Sensitive Land uses can be achieved,and that complaints from nearby Sensitive Land Uses do not add costs to Major Facilities for mitigation after the fact. COMPATIBILITY METHODOLOGY (a)Municipalities are guided to determine Areas of Influence (“AOIs”)and Minimum Separation Distances (“MSDs”)surrounding existing or planned Major Facilities that are established by the Province.The A01 for Aggregate Operations is 1,000 metres. The MSD for Aggregate Operations is 500 metres.The A01 and the MSD only apply to new or expanding Sensitive Land Use proposals near a Major Facility aggregate operation.(See Table 1,pages 23 to 25). (b)The Municipality is directed to undertake a Compatibility Study if a development proposal is in an AOI of 1,000 metres.The Compatibility Study assesses where potential noise,dust,odour and vibration adverse effects are very likely to occur and incompatible development should not normally take place in the minimum 500 metre MSD. (c)A Demonstration of Need Study is required by the municipality to determine whether there is an identi?ed need for the proposed Sensitive Land Use in the proposed location in the A01,and if alternative locations outside the A01 have been evaluated and there are no reasonable alternative locations.Mitigation Measures would be needed to ensure no adverse effects or potential impacts and no Sensitive Land Use in the MSD. The Township of Ramara recommends: 1.that the Land Use Compatibility Guideline should apply to new or expanding Aggregate Operations that are near existing and planned Sensitive Land Uses,as well as new or expanding Sensitive Land Uses. Page 657 of 703 2.that the Minimum A015 and the Minimum MSD should apply where there are new or expanding Aggregate Operations near existing or planned Sensitive Land Uses, as well as new or expanding Sensitive Land Uses. 3.that if the Municipality is required to undertakea Compatibility Study,the Municipality should not be required to pay for the total cost of a Compatibility Study where there are planning applications for new or expanding Aggregate Operations and new or expanding Sensitive Land Uses. 4.that if the Municipality is required to undertake a Demonstration of Need Study,the Municipality should not be required to pay for the total cost of a Demonstration of Need Study for proposed Sensitive Land Uses in the A0! and MSD of the existing Aggregate Operations. 5.that if the Municipality is required to pay for the required Compatibility and Need Studies,it is appropriate that the Muni 'paIity may deny the acceptability of planning applications. 6.that the Land Use Compatibility Guideline shall be used by the Municipality to assess the appropriateness of licence and planning applications under the Aggregate Resources Act and the Planning Act and approve or deny according to good planning,conformity and consistency. AGGREGATE SECTOR CONSIDERATIONS (APPENDIX D)_ In the existing Ramara Of?cial Plan,Schedule “D”identi?es in the order of 12,560 hectares of land as “High Potential Mineral Aggregate Resource Areas"(HPMARAS).This represents 30%of the Ramara's total land area.The total HPMARAconsists of predominately bedrock resources.The HPMARA excludes designated Settlement Areas.The boundary of the HPMAR Aislocatedaminimumof1,000 metres from existing and planned Sensitive Land Uses such as designated Settlement Areas,designated Shoreline Residential Areas,First Nation Reserve lands,and Provincially Signi?cant Wetlands.The HPMARA is consistent with the spirit of the D-6 Guideline. There are 14 licenced Quarries and 8 licenced Pits in Ramara that annually produce in the order of 3 million tonnes of aggregate on 1,660 hectares.Ramara is one of the top 10 producers in the provincial Growth Plan Area. In Ramara,13 of the 14 licenced quarries are located within the identified HPMARAS,thereby achieving the objective of land use compatibility with designated residential sensitive land use areas.The only quarry that is not within an HPMARA is currently proposing to expand its aggregate operation within the 1,000 metre A01 and the 500 metre MSD.This matter is scheduled to be heard by the Ontario Land Tribunal. Page 658 of 703 Following from the above recommendations,the following issues arising from Appendix D — Aggregate Sector Considerations raise several issues and recommendations for improvements to the proposed Land Use Compatibility Guideline. Issues Regarding Noise,Dust and Odour Emissions and Other Adverse Effects (6) (b) (c) On page 77,it is suggested that municipalities “will also need to consider other potential adverse effects,such as the potential for groundwater and surface water contamination,which are not discussed speci?cally in this section".This statement is very general and applies to all Major Facilities proposed in a municipality.Ramara understands that there are other adverse effects or impacts on Sensitive Land Uses and that these are not included as considerations in these proposed Guidelines.This raises confusion when considering Major Facilities in general and Aggregate Operations speci?cally. 7.The Township of Ramara recommends that the second paragraph on page 77 should be deleted. On page 79,there is a caution addressed to municipalities when considering Aggregate Operations: It is important to plan land uses surrounding aggregate resources in a way that both prevents adverse impacts to sensitive /and uses and ensures the long-term protection of aggregate resources. The Township of Ramara Official Plan policies implement this approach by keeping Aggregate Operations away from settlement areas,shoreline residential areas and First Nation Reserves and provides opportunities within the identified HPMARAs for continued Aggregate Operations in the long-term. 8.The Township of Ramara agrees with this caution and recommends that the proposed Guideline include the Ramara Of?cial Plan case as one successful example for achieving this land use objective. On page 79,the second sentence in the ?rst paragraph,as stated,raises a major concern for the Township of Ramara: Planning authorities must consider the potential for adverse effects from aggregate operations (including existing,planned and potential future operations),such as traffic to and from the facilities,and noise and dust from blasting,crushing or other operations,for properties that require a planning approval. I interpret this to mean that the Municipality is directed when assessing a planning application for Sensitive Land Uses,such as residential,that the Municipality is responsible for determining adverse effects as defined in the Environmental Protection Act.It is evident from this statement that the province expects that existing,planned and potential Aggregate Operations should have priority over Sensitive Land Uses.The Page 659 of 703 (4) (8) direction to the Municipality is onerous since it implies that an environmental impact assessment is required for any planning approval including a consent,minor variance or even one dwelling. 9.The Township of Ramara disagrees that the Aggregate Operations should take precedence in municipal planning. Since the Aggregate Operation is the potential source of adverse effects,the adverse effect assessment must be undertaken by the aggregate proponent whether an Aggregate Operation is new or it is expanding near Sensitive Land Uses. On page 79,the second paragraph reiterates the provincial interest in Provincial Policy Statement 2020.In particular,policy 1.2.6.1 in PPS2020 sets out the provincial interest to balance the planning and development of Major Facilities and Sensitive Land Uses in order to avoid,minimize or mitigate adverse effects of Major Facilities.The effects are broader and include contaminants other than odour and noise and also the policy is to minimize risk to public health and safety,and to always ensure economic viability of Major Facilities. Policies 2.5.2.4 and 2.5.2.5 in PPS202O direct Municipalities to protect mineral aggregate operations and under certain “requirements”allow development and activities within identi?ed mineral aggregate resource areas.These provincial policies are well understood.The paragraph continues with the caution that “these requirements are in addition to what is recommended in this Guideline." This is interpreted to always mean that Aggregate Operations and Aggregate Resource protection take precedence over development of sensitive uses. 10.The Township of Ramara reiterates that Aggregate Operations should not take precedence in municipal planning.Ramara has realized the balance between land uses and provides 12,560 hectares for protected Mineral Aggregate Resources. On page 79,paragraph 3 confirms that the onus is on the Municipality to demonstrate that new or expanding Sensitive Land Uses conform with the provincial A015 and MSDs for existing or planned Aggregate Operations.This implies that if the Municipality has identi?ed protected provincial Mineral Aggregate Resources required for planned Aggregate Operations,these areas essentially are unavailable for other development such as residential. In many Municipal Officia Plans,Mineral Aggregate Resources are identi?ed as an overlay of existing designated settlement areas and built-up areas.This Guideline should be clear that to avoid potential adverse effects,the Ramara Of?cial Plan model should be encouraged in all Municipalities Page 660 of 703 (f) (9) 11.The Township of Ramara recommendsthat paragraph 3 on page 79 should be modi?ed to add an option that municipalities should identify protected Mineral Aggregate Resources in appropriate areas beyond designated settlement areas and residential clusters in order to avoid potential adverse effects and land use incompatibility. On pages 79 and 80,the ?rst sentence in paragraph 4 clearly enunciates the provincial objective: The A01 and MSD in the Guideline are not applicable to land use decisions for new or expanding aggregate operations proposed near sensitive land uses.Planning authorities are required to address land use compatibility with respect to new or expanding operations,as required by the PPS. This means that when a Municipality receives a planning application to amend the Official Plan and/orthe Zoning Bylaw for an Aggregate site,the Municipality cannot use the A015 and MSDs to separate the new or expanding aggregate operation from existing residential areas.Simply stated,the new or expanding aggregate operation can locate within 1,000 metres or even 500 metres,or less from an existing stable residential area. In Ramara’s experience,this direction is not acceptable and this municipality has already made the planning decision when identifying Mineral Aggregate Resource Areas,that aggregate operations are not appropriate within 1,000 metres of existing and planned residential areas. 12.The Township of Ramara strongly disagrees with the provincial direction that existing and expanding aggregate operations are not required to consider land use compatibility and may locate within 1,000 metres of existing and planned residential areas that are sensitive land uses. On page 80,reference is made to the role of the MNRF“to assess potential impacts on existing nearby land uses and whether it is feasible to mitigate potential impacts through that process”.Under the Aggregate Resources Act and the aggregate regulation and standards,the proponent for a licence is only required to consider an area of 120 metres surrounding the proposed licenced area for most impacts. 13.The Township of Ramara disagrees that there should never be a distinction between land use compatibility addressed in the Aggregate Resources Act and under the Planning Act.The A015 and MSDs should be applied in Page 661 of 703 (h)The proposed Land Use Compatibility Guideline do contaminant emanating from Aggregate Quarries.The contaminan IS y me .n January 1,2022,Rule 22 of subsection 0.13 in Ontario Regulation 244 97 under the Aggregate Resources Act,comes into effect.It stipulates that an aggregate Icensee shall ensure that the quarry is in compliance with the Rule as follows: a licensee shall take all reasonable measures to prevent ?y rock fr m leaving the site during blasting if a sensitive receptor IS located w th n 500 metres of the boundary of the site. Fly Rock discharge from a quarry blasting is a contaminant and it is likely to cause an adverse effect under the Environmental Protection Act.The Act requires that the licensee must report forthwith to the MECP if the contaminant may likely cause an adverse effect.The Ministry may issue an order for remediation and preventative measures.Currently,there is no provincial policy,regulation or guideline that protects the environment,people,property and natural heritage features on land and in the air and water from the discharge of fly rock from a quarry. 14.The Township of Ramara recommends that the MECP should modify the proposed Guideline to include land use compatibility provisions to adequately protect the environment beyond quarry sites from the possible adverse impacts of fly rock during blasting operations. Respectfully submitted, Mark L.Dorfman,F.C.I.P.,R.P.P. es no Include an important ’t‘fl k 0 / Page 662 of 703 1 Heather Ruzylo Subject:United Way Niagara 2021 From: Enzo De Divitiis <enzo@unitedwayniagara.org> Sent: Wednesday, August 11, 2021 12:04 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: [EXTERNAL]-United Way Niagara 2021 Good afternoon Sarah, Hope you’re doing well and enjoying the sunshine. As you may know , I have recently joined the team at United Way Niagara 🙂 (Thank you )! I’m excited for another chance for us to work together! We’d love to recognize and thank the City of Niagara Falls for your on-going support in our community and kickoff the 2021 campaign with you. We’re requesting a Flag Raising with Mayor Jim Diodati and United Way Niagara at city hall on September 15th late afternoon launching our 2021 campaign! Looking forward to hearing from you and working together. Enzo De Divitiis (He/Him/His) Development Officer, Annual Giving Tel: 905.688.5050 ext. 2107 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 663 of 703 (Draft Resolution) RESOLUTION IN SUPPORT OF RAIL SAFETY WEEK Whereas Rail Safety Week is to be held across Canada from September 20 to 26, 2021; Whereas it is in the public’s interest to raise citizens’ awareness of the dangers of ignoring safety warnings at level crossings and trespassing on rail property to reduce avoidable deaths, injuries and damage caused by incidents involving trains and citizens; Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the public, rail industry, governments, police services, media and others to raise rail safety awareness; Whereas CN has requested City Council adopt this resolution in support of its ongoing efforts to raise awareness, save lives and prevent injuries in communities, including our municipality; It is proposed by Councillor ________________________________________ seconded by Councillor ________________________________________ It is hereby RESOLVED to support national Rail Safety Week to be held from September 20 to 26, 2021. Page 664 of 703 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-We’d like to hear from you: Rail Safety Week 2021 Proclamation request From: Stephen Covey <marie-pier.triganne@cn.ca> Sent: Tuesday, August 24, 2021 10:21 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-We’d like to hear from you: Rail Safety Week 2021 Proclamation request cn.ca Dear Mayor Diodati: Don’t forget to adopt the Rail Safety Week 2021 Proclamation Rail Safety Week will be held in Canada, the United States, and Mexico from September 20-26, 2021. As a proud neighbour of your community, CN is committed to help prevent accidents and injuries at rail crossings by collaborating on efforts to raise rail safety awareness to help keep your fellow citizens safe. We want to remind you of this important opportunity to become a powerful ally in rail safety efforts by adopting the attached resolution in support of Rail Safety Week. Like many other municipalities, by adopting the resolution your council can help prevent injuries in your community and save lives. Please send a copy of your proclamation by e-mail to Marie-Pier.Triganne@cn.ca or by mail to the address below and let us know about your plans to promote rail safety in your community. CN – Marie-Pier Triganne 935 de la Gauchetière Street West 16th floor Montreal, Quebec H3B 2M9 For questions or concerns about rail safety in your community, please contact our Public Inquiry Line at 1-888- 888-5909. For additional information about Rail Safety Week 2021, please consult cn.ca/railsafety or operationlifesaver.ca. Sincerely, Stephen Covey Chief of Police and Chief Security Officer Page 665 of 703 2 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 666 of 703 Office of the Clerks City of Niagara Falls September 1, 2021 Request for Proclamation Dear Council and/or City Clerk On behalf of the Ontario Rett Syndrome Association (O.R.S.A), and the diagnosed individuals living in the City of Niagara Falls, I am writing to request a renewal proclamation of the month of October as Rett Syndrome Awareness Month. Rett Syndrome is a rare neurodevelopment condition that affects mainly females (1 in 10,000 births) and is caused by a mutation in the X chromosome. Individuals with Rett syndrome will lose some if not most acquired skills including speech, and gross and fine motor skills. Some never develop the ability to walk or even talk. O.R.S.A. exists to ensure that children and adults with Rett syndrome are enabled to achieve their full potential and enjoy the highest quality of life within their community. This observance gives us a means to focus attention in making it possible for O.R.S.A. to continue public awareness and advocacy, provide parent/family support, operate the Resource Centre, fund research projects through the Hope Fund, host conferences, maintain the Canadian Rett S yndrome Registry, and fund three Rett syndrome clinics in Ontario that provide medical assistance. The Rett syndrome clinics located at the Children's Hospital of Eastern Ontario, Ottawa, Holland Bloorview Kids Rehabilitation Hospital, Toronto and Thames Valley Children's Centre, London, provide direct critical support to the families and their loved one on care and management issues. If you need anything further, please don’t hesitate to contact me by email: smiguel@rett.ca or phone at 519-474-6877. Thank you for taking the time to consider recognizing and supporting O.R.S.A. as we strive to build “healthy tomorrows” for all Canadians living with Rett syndrome. Sincerely, Steve Miguel Director Ontario Rett Syndrome Association Page 667 of 703 It is the Ontario Rett Syndrome Association’s desire to have the following proclamation considered. PROCLAMATION October as Rett Syndrome Awareness Month WHEREAS Rett syndrome is a rare genetic neurological disorder that occurs almost exclusively in girls and leads to severe impairments, affecting nearly every aspect of the individual's life. Rett syndrome occurs worldwide in 1 of every 10,000 female births and is even rarer in boys, but not impossible. Rett syndrome is usually recognized in children between 6-18 months of age as they begin to miss developmental milestones or lose abilities they had once gained; AND WHEREAS throughout their lives these courageous individuals will need total care and constant support from their family; they will combat many medical challenges. They may have seizures, osteoporosis, scoliosis, breath holding, hyperventilation, nutritional problems and so much more. Apraxia, which is the inability to motor plan, is one of the most challenging aspects of Rett Syndrome along with loss of speech; AND WHEREAS in 1999 it was discovered that Rett Syndrome is primarily caused by a sporadic mutation in the MECP2 gene on the X chromosome, and since this discovery there are many research projects taking place across Ontario and Canada; AND WHEREAS as there is no Canadian Rett Syndrome Association, the Ontario Rett Syndrome Association (O.R.S.A.) has members from many provinces across Canada and through donations and fundraising efforts have been able to fund finances the Canadian Rett Syndrome Registry, has funded over $600,000 in Canadian Rett syndrome research, and support three Rett clinics in Ontario. The Rett syndrome clinics located at the Children's Hospital of Eastern Ontario, Ottawa, Holland Bloorview Kids Rehabilitation Hospital, Toronto and Thames Valley Children's Centre, London, provide direct critical support to the families and their loved one on care and management issues. NOW THEREFORE, I, ________, Mayor of the _______, DO HEREBY PROCLAIM October 2021 as RETT SYNDROME AWARENESS MONTH in the _______. I urge all citizens to make an effort this month to learn more Rett Syndrome, fight stigma, light Canada purple and wear a purple ribbon to show support. Dated ______ Page 668 of 703 A Great City … For Generations To Come FIRE DEPARTMENT Inter-Departmental Memo To: Bill Matson City Clerk From: Jo Zambito Fire Chief Date: September 7, 2021 Re: Fire Prevention Week 2021 Please arrange to have the attached Proclamation placed on the September 14, 2021 Order of Business for Council. It is requested that the week of October 3 to October 9, 2021 be proclaimed as “Fire Prevention Week”. This year’s theme is “Learn the Sounds of Fire Safety.” JZ/dt Attach. Page 669 of 703 City of Niagara Falls Mayor’s Proclamation WHEREAS the City of Niagara Falls is committed to ensuring the safety and security of all those living and visiting our City; and WHEREAS fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk to fire; and WHEREAS roughly two-thirds of home fire deaths resulted from fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS residents who have planned and practised a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS the Ontario Fire Code requires at least one smoke alarm on every level of the home (including the basement) and outside all sleeping areas; and WHEREAS informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public’s safety from home fires; and WHEREAS Niagara Falls residents are dedicated to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS the 2021 Fire Prevention theme for this period is “Learn the Sounds of Fire Safety”. NOW THEREFORE, I James M. Diodati, Mayor of Niagara Falls, do hereby proclaim October 3rd to 9th, 2021 as Fire Prevention Week; and FURTHER, encourage all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2021 and to support the many public safety activities and efforts of the Niagara Falls Fire Department; and FURTHER, challenge all residents to take responsibility for their fire safety and check their homes and ensure that they have a working smoke alarm on every floor of their house and outside their sleeping areas, as well as at least one working carbon monoxide alarm and have planned and practised their home escape plan. Page 670 of 703 1 Heather Ruzylo Subject:Resolution - Stiffer Penalties for Infractions relating to the Importation, Production or Distribution of Fentanyl From: Carmela Dipardo <Carmela.Dipardo@thorold.ca> Sent: Thursday, September 9, 2021 9:56 AM To: justin.trudeau@parl.gc.ca; premier@ontario.ca Cc: amopresident@amo.on.ca; 'info@fcm.ca' <info@fcm.ca>; Joanne Hyde <Joanne.Hyde@thorold.ca>; Amber LaPointe <amberlapointe@portcolborne.ca>; Bill Matson <billmatson@niagarafalls.ca>; Bonnie Nistico-Dunk <bdunk@stcatharines.ca>; Carol Schofield <cschofield@forterie.ca>; Holly Willford <hwillford@pelham.ca>; Joanne Scime <jscime@westlincoln.ca>; Julie Kirkelos <jkirkelos@lincoln.ca>; Meredith Ciuffetelli <MCiuffetelli@wainfleet.ca>; Peter Todd <peter.todd@notl.com>; Sarah Kim <skim@grimsby.ca>; Tara Stephens <tara.stephens@welland.ca> Subject: [EXTERNAL]-Resolution - Stiffer Penalties for Infractions relating to the Importation, Production or Distribution of Fentanyl Dear Prime Minister, Please be advised Thorold City Council, at its September 7, 2021 meeting, adopted the following resolution: Moved By: Councillor DeRose Seconded By: Councillor Sentance THAT Council request that the province and federal government consider imposing stiffer penalties for infractions relating to the importation, production or distribution of Fentanyl; and THAT this motion be forwarded to the provincial and federal governments, AMO, and FCM; and THAT staff forward this motion to Niagara Area municipalities for their consideration and support. Result: CARRIED Carmela DiPardo Legislative Assistant Clerk’s Department City of Thorold P.O. Box 1044, 3540 Schmon Parkway Thorold, ON L2V 4A7 Tel: (905) 227-6613 ext. 224 Fax: (905) 227-5590 www.thorold.ca Page 671 of 703 2 Confidentiality Note: This communication is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any other use, dissemination, distribution, disclosure or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender immediately and destroy and/or delete the original communication. Thank you. Please consider our environment before printing this email. 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 672 of 703 1 Heather Ruzylo From: Amanda <amanda@downtownniagarafalls.com> Sent: Thursday, September 9, 2021 12:01 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-<no subject> Hello Bill, On behalf of the Board of Management for the BIA and their approved motion, elected member Third Space Café would like to change their representative on the Board from Glen Sparks to Lisa VanderKlippe – their new incoming Executive Director. Can we please have a Council resolution to appoint Lisa to the Board? Kind Regards, Amanda (Nicol-)MacDonald, BRLS, Mgmt, MA Candidate Executive Director e. amanda@downtownniagarafalls.com w. www.downtownniagarafalls.com a. 4605 Queen Street, Niagara Falls, ON, L2E2L7 Serving on the land that has been inhabited by Indigenous peoples from the beginning – the traditional Niagara Region shared territory of the Anishinaabe, Haudenosaunee and the Chonnonton* peoples. The Chonnonton people have called these lands home for thousands of years and more recently the Anishinaabe and Haudenosaunee have been sharing the land as One Dish, One Spoon Treaty territory. This e-mail is confidential, intended solely for the use of the recipient(s) to whom it was addressed. If you have received it in error, please do not copy or distribute this e-mail. We ask that you notify us immediately by replying to the sender and then delete this e-mail. E-mail sent or received over the internet may not be secure. You should use caution when sending e-mail messages containing private and confidential information or consider other secure means to send the information.If you have any questions regarding the authenticity or security of the e-mail you have received please do not hesitate to contact us at 289-251-9574. Ce courriel est confidentiel et n’est destiné à être utilisé que par le ou les destinataires à qui il est adressé. Si vous avez reçu ce courriel par erreur, merci de ne pas le copier ni le distribuer. Nous vous demandons de bien vouloir nous en avertir immédiatement en répondant à l’expéditeur, puis en supprimant ce courriel. Un courriel envoyé ou reçu par Internet peut être sujet à des atteintes à la sécurité. Soyez prudent lorsque vous envoyez des courriels contenant des renseignements privés et confidentiels, ou envisagez d’autres moyens plus sûrs d’envoyer ces renseignements. Pour toute question concernant l’authenticité ou la sécurité du courriel que vous avez reçu, n’hésitez pas à nous contacter par téléphone au 289-251-9574. Page 673 of 703 2 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 674 of 703 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: September 14, 2021 Re: Audio Recordings of Closed Meetings of Council I have received a request recently from a member of Council to be able to listen to the audio recording of a previous closed meeting of Council. It is staff’s opinion that such recordings are kept for the purpose of any legal investigations that may be held. Staff started recording the closed Council meetings back in 2015 after an Ombudsman’s report made a recommendation that all open and closed meetings of Council be recorded. In speaking with a representative from the Ombudsman’s office this week, she confirmed that they do not have a written policy to assist with such a request however I was informed that to her knowledge she does not see other municipalities allowing audio recordings to be listened to. Clearly it would be beneficial to have a written policy on how to address this. When the Ombudsman's Office presented a recommendation to Council in 2015 to start recording both open and closed meetings of council it was around the premise that this would assist their office with future investigations. In the absence of a policy on this, I am suggesting that Council as a whole either: Direct staff to allow, or not allow, for these recordings to be listened to; Direct staff to obtain a legal opinion; Refer the matter back to staff for a report/policy on what other municipalities may allow. So far, I have yet to find a municipality that would allow for this. In fact, the City of Hamilton had a report prepared by their Manager of Legislative Services/ Deputy Clerk and Solicitor last October that stated "Access to the recordings would be restricted and controlled by the City Clerk and Deputy Clerk. Access to the recordings would be for any investigation by the Ombudsman or Integrity Commissioner only." RECOMMENDATION: That Staff receive direction from Council on the care and control of audio recordings of closed Council meetings. Page 675 of 703 The City of Niagara Falls, Ontario Resolution September 14, 2021 No. 9 Moved by: Seconded by: BE IT RESOLVED that the Council of the City of Niagara Falls approves the form of draft by-law and franchise agreement attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of the Municipal Franchises Act; AND FURTHER that this Council requests that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the attached draft by- law and franchise agreement pertaining to the Corporation of the City of Niagara Falls is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. AND The Seal of the Corporation be hereto affixed. __________________ _________________ WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 676 of 703 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and Enbridge Gas Inc. WHEREAS the Council of the City of Niagara Falls deems it expedient to enter into the attached franchise agreement (the "Franchise Agreement") with Enbridge Gas Inc.; AND WHEREAS the Ontario Energy Board by its Order issued pursuant to the Municipal Franchises Act on the day of , 2021, (date forthcoming for the third reading of by-law once Enbridge Gas receives Decision and Order from the OEB), has approved the terms and conditions upon which and the period for which the franchise provided in the Franchise Agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By- Law is not necessary: THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Franchise Agreement between the City of Niagara Falls and Enbridge Gas Inc. attached hereto and forming part of this by-law, is hereby authorized and the franchise provided for therein is hereby granted. 2. THAT the Mayor and City Clerk be and they are hereby authorized and instructed on behalf of the City of Niagara Falls to enter into and execute under its corporate seal and deliver the Franchise Agreement, which is hereby incorporated into and forming part of this By-Law. 3. THAT the following by-law be hereby repealed: By-law #2002-052 for the City of Niagara Falls, passed in Council on March 18, 2002. 4. THAT this by-law shall come into force and take effect as of the final passing thereof. Read a first and second time and provisionally adopted on this 14th day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Read a third time and finally passed this ______ day of ___________, 202__. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 677 of 703 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to authorize the payment of $42,459,470.96 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 July 14, 2021 to August 26, 2021. Passed this fourteenth day of September, 2021 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, CITY CLERK MAYOR First Reading: September 14, 2021 Second Reading: September 14, 2021 Third Reading: September 14, 2021 Page 678 of 703 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. By-law No. 2002-081 is amended by deleting Schedule “D4” and that Schedule “D4” attached hereto shall be inserted in lieu thereof. 2. That by-law No. 2021-76 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 14th day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 679 of 703 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 Marcella Monte Liam Raymond Philip Rudachuk Morgan Sereeira Thomas Tavender SCHEDULE “D4” HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Justin Baird James Hohl Abbey MacPherson Dean Murray Nathan Poole Ryan James Emily Romano Carl Grego Kyle DeGiuli Page 680 of 703 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to amend By-law No. 2019-35, being a by-law to regulate animal care and control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2019-35 is amended by adding “or feed” to Section 4.28 of the Wild Animals provisions. 2. The amended Section of by-law 2019-35 Section 4.28 of the wild animal’s provisions amendment shall read; 4.28 “No Person shall Keep, or cause to be Kept, or Feed, any Wild animal in the City unless they are authorized to do so by law”. 3. That by-law No. 2019-35 is hereby amended. Read a first, second, third time and passed. Signed and sealed in open Council this 14th day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 681 of 703 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to declare 8196 Cummington Square West; Chippawa Town Hall; as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123, governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of September 14, 2021, adopted the Recommendations of Council Report L-2021-17, to declare Part J. Flett Lot (aka Lot 101) w/s Cummington Square, Plan 251 Village of Chippawa, Parts 2 & 3, 59R-908; s/t & t/w AA60430; City of Niagara Falls being all of PIN 64255-0096 (LT), as surplus. AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part J. Flett Lot (aka Lot 101) w/s Cummington Square, Plan 251 Village of Chippawa, Parts 2 & 3, 59R-908; s/t & t/w AA60430; City of Niagara Falls being all of PIN 64255-0096 (LT), in the Regional Municipality of Niagara, is hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal the reto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this fourteenth day of September, 2021. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 682 of 703 CITY OF NIAGARA FALLS By-law No. 2021 – A by-law to authorize the execution of a Development Agreement pursuant to the approved Zoning By-law amendment application to rezone the lands municipally known as 5563 Slater Avenue, in the City of Niagara Falls, to a site specific Residential Mixed (R3) zone, to permit the conversion of the existing detached dwelling to a triplex, with Heather Cox and Barrington Timoll. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Development Agreement made between The Corporation of the City of Niagara Falls, as the City, and, Heather Cox and Barrington Timoll, as the Owner, to secure clauses on title to 5563 Slater Avenue, in the City of Niagara Falls, warning of the adjacent industries operations and ensuring the completion of the window construction recommended in the Noise Study submitted by the Owner, is hereby approved and authorized. 2. The Mayor and City Clerk are hereby authorized to execute the said Development Agreement. 3. That the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Development Agreement. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of September, 2021. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 683 of 703 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule C thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS White Oak Avenue Both Shuttleworth Drive and At All Times a point 25 metres north of Shuttleworth Drive (b) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Frila Lane South Montrose Road and the eastern limit of At All Times Frila Lane, including the entire turning basin Page 684 of 703 (c) adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Emerald Avenue & Shuttleworth Drive Westbound on Shuttleworth Drive Emerald Avenue & Griffon Street Westbound on Griffon Street Emerald Avenue & White Oak Avenue Westbound on White Oak Avenue Griffon Street & Shuttleworth Drive Southbound on Griffon Street Shuttleworth Drive & White Oak Avenue Eastbound on Shuttleworth Drive This By-law shall come into force when the appropriate signs are installed. Passed this fourteenth day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 14, 2021 Second Reading: September 14, 2021 Third Reading: September 14, 2021 Page 685 of 703 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2021 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Meter Zones) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended, (a) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Blvd. West A point 47 m south of Robinson St. and a point 155 m south of Robinson St. At All Times Tow Away Zone Fallsview Blvd. West A point 185 m south of Robinson St. and Murray St. At All Times Tow Away Zone Fallsview Blvd. East Robinson St. and a point 20 m south of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East A point 56 m south of Robinson St. and a point 79 m south of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East A point 146 m south of Robinson St. and a point 186 m south of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East A point 45 m north of Murray St. and a point 160 m north of Murray St. At All Times Tow Away Zone Page 686 of 703 (b) by removing from the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES/DAYS HOURS Fallsview Blvd. Both Ferry St. and Robinson St. $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. East Robinson St. and Murray St. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 5 hours 6:00 a.m. to 3:00 a.m. Daily (c) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES/DAYS HOURS Fallsview Blvd. West A point 77 m south of Robinson St. and a point 112 m south of Robinson St. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 5 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. West A point 28 m north of Robinson St. and a point 53 m south of Ferry St. $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. East A point 155 m north of Murray St. and a point 271 m north of Murray St. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 5 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. East A point 29 m north of Robinson St. and a point 60 m south of Ferry St. $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily Page 687 of 703 (d) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Blvd. West Murray St. and a point 112 m south of Robinson Street At All Times Tow Away Zone Fallsview Blvd. West Robinson St. and a point 28 m north of Robinson St. At All Times Tow Away Zone Fallsview Blvd. West Ferry St. and a point 53 m south of Ferry St. At All Times Tow Away Zone Fallsview Blvd. East Robinson St. and a point 30 m south of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East A point 45 m north of Murray St. and a point 155 m north of Murray St. At All Times Tow Away Zone Fallsview Blvd. East Robinson St. and a point 29 m north of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East Ferry St. and a point 60 m south of Ferry St. At All Times Tow Away Zone Fallsview Blvd. East Murray St. and a point 15 m north of Murray St. At All Times Tow Away Zone This By-law shall come into force when the appropriate signs are installed. Passed this fourteenth day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 14, 2021 Second Reading: September 14, 2021 Third Reading: September 14, 2021 Page 688 of 703 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 Glavcic Drive and Parkside Drive Northbound on Parkside Drive Glavcic Drive and Parkside Drive Southbound on Parkside Drive Glavcic Drive and St. Michael Avenue Northbound on St. Michael Avenue Glavcic Drive and St. Michael Avenue Southbound on St. Michael Avenue Westport Drive and Parkside Drive Northbound on Parkside Drive Westport Drive and Parkside Drive Southbound on Parkside Drive Westport Drive and St. Michael Avenue Northbound on St. Michael Avenue Westport Drive and St. Michael Avenue Southbound on St. Michael Avenue This By-law shall come into force when the appropriate signs are installed. Passed this fourteenth day of September, 2021. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 14, 2021 Second Reading: September 14, 2021 Third Reading: September 14, 2021 Page 689 of 703 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to provide for the adoption of Amendment No. 139 to the City of Niagara Falls Official Plan (AM-2019-022). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 139 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of September, 2021. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\OFFICIAL.PLN\AMEND\#139 - D'Souza, 5411 River\By-law - OPA 139.docx Page 690 of 703 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 139 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 139", shall be identified as Special Policy Area "76" on Schedule "A" to the Official Plan 2. TEXT CHANGE a. PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the following subsection: 13.76 SPECIAL POLICY AREA “76” Special Policy Area "76" applies to 0.07 hectares of land on the west side of River Road, south of Eastwood Crescent. Notwithstanding the policies of Part 2, Section 1.4 – Residential, and Part 2 Sections 4.2.37 and 4.2.38 – River Road Satellite District, a single vacation rental unit may be permitted on the land, subject to the following policies: i. The vacation unit shall be limited to the existing detached dwelling. ii. The vacation rental unit shall be limited to a maximum of three (3) bedrooms to ensure the scale and physical character is compatible with the surrounding neighbourhood. iii. Parking and landscaping shall be consistent with the residential environment. iv. The vacation rental unit will be subject to a licensing by-law passed under the Municipal Act, 2001, designed to regulate the operational aspects of Vacation Rental Units including, but not limited to: compliance with zoning, excessive noise, garbage disposal; property standards and adequate insurance. b. The following definition is hereby added to APPENDIX 1 – DEFINIIONS: “Vacation Rental Unit” means the commercial use of a detached dwelling or dwelling unit that is available for rent in its entirety for a period of 28 consecutive days or less, to provide temporary lodging to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. S:\OFFICIAL.PLN\AMEND\#139 - D'Souza, 5411 River\PART 2 BODY.docx Page 691 of 703 RIVER RDEASTWOOD CR ONTARIO AVPHILIP ST RIVER LNMAP 1 TO AMENDMENT NO. 139SCHEDULE A TO THE OFFICIAL PLAN Proposed Change To Add: SPECIAL POLICY AREA "76" City of Niagara Falls Official PlanExcerpt from SCHEDULE - A - FUTURE LAND USE PLAN K:\GIS_Requests\2019\Schedule\Zoning\22\Zoning_bylaw_AM_2019_022_OfficialPlan.mxd AM-2019-022 ¹ 8/19/2021 1:nts Area Affected by this Amendment Environmental Conservation Area Residential NOTE: This schedule forms part of Amendment No. 139 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. 76Ā Page 692 of 703 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law No. 79-200, to permit the use of the lands for a vacation rental unit (AM-2019-022). 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) The uses permitted in the R2 zone (b) The use of a detached dwelling, existing on the date of the passage of this by-law, for a vacation rental unit 5. The regulations governing the permitted uses shall be: (a) Maximum number of bedrooms in a vacation rental unit 3 (b) Minimum number of parking spaces for a vacation rental unit 3, which may be provided in tandem and which shall be constructed and maintained in accordance with Section 4.19.3(a) of By-law No. 79- 200 (c) The balance of regulations specified for an R2 use. 6. For the purposes of this by-law: “VACATION RENTAL UNIT” means the commercial use of a detached dwelling that is available for rent in its entirety for a period of 28 consecutive days or less, Page 693 of 703 2 to provide temporary lodging to a single group of the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business 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 D4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R2 and numbered 2 to R2 and numbered 2 and 1148. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1148 Refer to By-law No. 2021-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of September, 2021. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2019\By-laws\AM-2019-022 By-law.docx Page 694 of 703 15.5m20.1m39.6m 42.6mOntario AvPhilip St River RdRiver LnSCHEDULE 1 TO BY-LAW NO. 2021- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\22\Zoning_bylaw_AM_2019_022.mxd Alfred D'Souza and Collette D'Souza 272503000214700 AM-2019-022 ¹ 2021-08-16 Description:LT 23 PL 294 TOWN OF NIAGARA FALLS, PT LT 24 PL 294 TOWN OF NIAGARA FALLS ASIN RO736456, NIAGARA FALLS PIN 64342-0369 (LT) NTS 1148R2 Page 695 of 703 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law No. 79-200, to permit the use of the lands for 4 apartment dwellings containing a total of 80 units (AM-2021-008). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted by the R5B zone. 5. The regulations governing the permitted uses shall be: (a) Maximum height of building or structure 14.5 metres and 4 storeys, whichever is lesser, subject to Section 4.7 or By-law No. 79-200 (b) Maximum number of apartment dwellings on one lot 4 (c) The balance of regulations specified for a R5B use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheets A6 and B6 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R4 and numbered 1083 to R5B and numbered 1149. Page 696 of 703 2 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1149 Refer to By-law No. 2021-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of September, 2021. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2021\By-laws\Byam008.docx Page 697 of 703 80.10m 80.31m 134.78m137.17mMat t eoDrEmily Bv Garner RdParsa S t SCHEDULE 1 TO BY-LAW NO. 2021- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\08\AM_2020_018\AM_2020_018.aprx 2806303 ONTARIO LTD 272511000208318 AM-2021-008 ¹ 8/26/2021 Description:Plan 59M-484, BLK 116 R5B NTS 1149 Page 698 of 703 CITY OF NIAGARA FALLS By-law No. 2021- A by-law to amend By-law No. 2014-080, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands municipally known as 7712 Badger Road (AM-2013-013). WHEREAS By-law No. 2014-080 includes land use holding prohibitions that have the effect of zoning the lands R4(H)-1006; AND WHEREAS 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; AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2014-080 on the Lands, to have the effect of zoning the Lands R4-1006; AND WHEREAS the purpose of this by-law is to amend By-law No. 2014-080 such that the provisions of By-law No. 2014-080 concerning the permitted uses and governing regulations for the Lands will be of full force and effect in accordance with this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2014-080 with respect to the Lands, will be achieved and that the conditions required for the removal of the holding provisions of By-law No. 2014-080 for the Lands will or can be fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2014-080 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the conditions set out in By-law No. 2014-080 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36(4) of the Planning Act, R.S.O. 1990, c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2014-080 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is removed from the zoning designation of the Lands , as shown on Schedule 1. 3. The balance of By-law No. 2014-080 is declared to be in full force and effect on the Lands. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of Septmeber, 2021. ............................................................... ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2013\AM-013\AM-2013-013 By-law lift H.docx Page 699 of 703 Page 700 of 703 CITY OF NIAGARA FALLS By-law No. 2021 – Being a by-law to amend By-law 2021-57, a By-law to regulate and license Vacation Rental Units and Bed and Breakfast Establishments. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended hereinafter referred to as the “Municipal Act” provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; AND WHEREAS Section 8 (3) of the Municipal Act, authorizes a municipality to provide for a system of licenses; AND WHEREAS the City of Niagara Falls has enacted a by-law to license Vacation Rental Units and Bed and Breakfast Establishments; AND WHEREAS it is desirable to amend the Licensing By-law No. 2021-57; NOW THEREFORE the Council of the Corporation of the City of Niagara Falls enacts as follows: 1. By-law No. 2021-57, Section 1 Definitions is hereby amended by addition the following: “Platform” means any software, technology, or service, including a smartphone application; “Premises” means land, property or any part thereof including any and all buildings or other structures thereon; “Vacation Rental Unit Brokerage” means any person who facilitates or brokers Vacation Rental Unit reservations for others, and who: (a) receives payment, compensation, or financial benefit due to, as a result of, or in connection with a person making or completing reservations of a vacation rental unit; (b) collects, assesses, or holds information on the number of nights tha t reservations of a vacation rental unit are made or completed; Page 701 of 703 2. By-law No. 2021-57, Section 14. Enforcement and Penalty Provisions is hereby amended by adding the following: 14.14 A court may, in the absence of evidence to the contrary, infer that a listing on the platform of a vacation rental unit brokerage or a public advertisement to the effect, and by any means, is proof that the premises is being rented or offered for rent as a vacation rental unit. For greater certainty, a witness need not possess special or expert knowledge for the court to make any such inference. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of September, 2021. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 702 of 703 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 14th day of September, 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 14th day of September, 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 14th day of September, 2021. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 703 of 703