02-08-2022
AGENDA
City Council Meeting
4:00 PM - Tuesday, February 8, 2022
Council Chambers/Zoom App
Page
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In-Camera
February 8, 2022 - Resolution to go In-Camera
12
2. CALL TO ORDER
O Canada: Performed by: Kristin Paterson
Land Acknowledgement and Traditional Indigenous Meeting Opening
3. ADOPTION OF MINUTES
3.1. Council Minutes of January 18, 2022 and January 25, 2022.
Minutes - City Council - 18 Jan 2022 - Pdf
Minutes - Special City Council - 25 Jan 2022 - - Pdf
13 - 34
4. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
6. PLANNING MATTERS
6.1. PBD-2022-07 (Comments from residents added)
AM-2021-018 and 26CD-11-2021-003 Zoning By-law
Amendment and a Draft Plan of Vacant Land Condominium
5646-5678 Dorchester Road (formerly 5646, 5678 and 5708)
Applicant: Centennial Homes (Niagara) Inc.
Recommendations:
1. That Council approve the Zoning By-law amendment
application to rezone the lands to a site specific Residential
35 - 87
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Low Density, Grouped Multiple Dwellings (R4), to permit 67
townhouse dwelling units.
2. That the Plan of Vacant Land Condominium be draft
approved subject to the conditions in Appendix A;
3. That the notice of decision include a statement that public
input has been received, considered, and has informed the
decision of Council;
4. 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;
5. 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,
6. That the Mayor and City Clerk be authorized to execute the
Condominium Agreement and any required documents to
allow for the future registration of the condominium when all
matters are addressed to the satisfaction of the City
Solicitor.
PBD-2022-07 - AM-2021-018 and 26CD-11-2021-003 Zoning By-
law Amendment and a Draft Plan of Vacant Land Condominium
5646-5678 Dorchester Road (formerly - Pdf
Comments (including petition) from residents - AM-2021-018
(Redacted)
7. REPORTS
7.1. F-2022-05
2019 Corporation of the City of Niagara Falls (Draft)
Consolidated Financial Statements
Recommendation:
That Council approve the 2019 Corporation of the City of Niagara
Falls Draft Consolidated Financial Statements.
F-2022-05 - 2019 Corporation of the City of Niagara Falls (Draft)
Consolidated Financial Statements - Pdf
88 - 139
7.2. F-2022-09
Tax Supported Operating Fund 2020 Budget to Actual
Variance Report (unaudited)
Recommendation:
For the information of Council.
140 - 148
Page 2 of 361
F-2022-09 - Tax Supported Operating Fund 2020 Budget to Actual
Variance Report (unaudited) - Pdf
7.3. L-2022-01
Encroachment Agreement with the City - 5731 Victoria Avenue
Recommendations:
1. In the event that Council determines it is in the best interest
of the public to do so, that Canna Cabana Inc. (the “Owner”)
be permitted to replace the existing partial encroachment
and be allowed the continued use and maintenance of a
new encroachment onto the City’s laneway, being a portion
of Centre Street Laneway and appurtenant to the building
located at 5731 Victoria Avenue, as shown in Schedules “A”
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 City Clerk be authorized to execute the
required Encroachment Agreement.
3. That the City Solicitor is authorized to register the
Encroachment Agreement on title to 5731 Victoria Avenue
and the applicable parcel for the affected portion of Centre
Street Laneway in the Land Registry Office.
L-2022-01 - Encroachment Agreement with the City - 5731 Victoria
Avenue - Pdf
149 - 153
7.4. MW-2022-10 (Letter of opposition from Clifton Hill BIA and
Victoria Centre BIA added)
Centre Street & Fallsview Boulevard – Temporary Sidewalk
Cafe Reinstallation, 2022 Season
Recommendation:
That Council receive for information report MW-2022-10 and direct
staff to reinstall the temporary Sidewalk Cafes on Centre Street
and Fallsview Boulevard for the upcoming 2022 sidewalk cafe
season; following the same principals, layouts and methods
(concrete barriers) as previously approved in 2021.
MW-2022-10 - Centre Street & Fallsview Boulevard – Temporary
Sidewalk Cafe Reinstallation, 2022 Season - Pdf
Letter from Clifton Hill BIA - Proposed Centre Street lane closure
Letter from VCBIA - Centre Street 2022 final
154 - 159
7.5. PBD-2022-08
4263 Fourth Avenue Draft Plan of Standard Condominium
160 - 170
Page 3 of 361
Recommendations:
1. That the Plan of Condominium for lands known as Part of
Stamford Township Lot 76, Part 1 59R17040, and shown on
Schedule 1 to this report (4263 Fourth Avenue), be draft approved
subject to the conditions in Appendix A.
2. That the Mayor or designate be authorized to sign the draft plan
as “Approved” 20 days after notice of Council’s decision has been
given as required by the Planning Act, provided no appeals of the
decision have been lodged.
3. That draft approval be given for three years, after which
approval will lapse unless an extension is requested by the
developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the
Condominium Agreement and any required documents to allow for
the future registration of the condominium when all matters are
addressed to the satisfaction of the City Solicitor.
PBD-2022-08 - 4263 Fourth Avenue Draft Plan of Standard
Condominium - Pdf
7.6. PBD-2022-09
PLC 2022-001 Request for Removal of Part Lot Control Blocks
112, 113 & 114 Plan 59M-484
Recommendation:
That Council approve the request and pass the by-law included in
today's agenda to exempt Blocks 112, 113 & 114 Registered Plan
59M-484 from Part Lot Control for a period of two years.
PBD-2022-09 - PLC 2022-001 Request for Removal of Part Lot
Control Blocks 112, 113 & 114 Plan 59M-484 - Pdf
171 - 177
7.7. TS-2022-01
Additional Capital Funding for the Purchase of Three (3) 12m
Conventional Transit Buses
Recommendation:
That the request to amend the 2022 Capital Budget for additional
funding in the amount of $70,000 for the purchase of three (3)
growth related 40’ conventional transit buses be approved, to be
funded 61% from transit-dedicated Development Charges and
39% from Transit Capital Reserves.
178 - 180
Page 4 of 361
TS-2022-01 - Additional Capital Funding for the Purchase of Three
(3) 12m Conventional Transit Buses - Pdf
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.
8.1. F-2022-08
Monthly Tax Receivables Report - December 2021
Recommendation:
That Council receive the Monthly Tax Receivables report for
information purposes.
F-2022-08 - Monthly Tax Receivables Report - December 2021 -
Pdf
181 - 184
8.2. MW-2022-08
Splendour Subdivision - Regulatory Signs
Recommendation:
That Council approve the regulatory signs outlined in Report MW-
2022-08 for the Splendour subdivision as follows:
That a stop sign be installed facing traffic:
1. Northbound on Parkside Road at McLeod Road;
2. Eastbound on Majestic Trail at Parkside Road (North
Intersection);
3. Westbound on Marvel Drive at Parkside Road;
4. Eastbound on Majestic Trail at Parkside Road (South
Intersection);
5. Northbound on Butternut Boulevard at Splendour Drive;
6. Eastbound on Marvel Drive at Splendour Drive (South
Intersection); and,
7. Westbound on Splendour Drive at Marvel Drive (North
Intersection).
And that a ‘no stopping’ zone be established on both sides of
Parkside Road, between McLeod Road and Majestic Trail / Marvel
Drive.
185 - 186
Page 5 of 361
MW-2022-08 - Splendour Subdivision - Regulatory Signs - Pdf
8.3. MW-2022-09
Intersection Control Review - Multiple Locations
Recommendation:
That Council approve the regulatory signs outlined in Report MW-
2022-09 for stop sign installation facing drivers at the following
locations:
1. Southbound on Linwood Crescent at Sheldon Street;
2. Southbound on Fernwood Crescent at Sheldon Street;
3. Southbound on Pattern Crescent at Sheldon Street; and
4. Westbound on Leeming Street at Woodland Boulevard
MW-2022-09 - Intersection Control Review - Multiple Locations -
Pdf
187 - 190
8.4. R&C-2022-01
RFP47-2021-Real Estate Brokerage Services - Coronation
Centre
Recommendation:
To approve the highest scoring proponent Revel Realty to represent
the city of Niagara Falls in the sale of the surplus property,
Coronation Centre, 5925 Summer Street.
R&C-2022-01 - RFP47-2021-Real Estate Brokerage Services -
Coronation Centre - Pdf
191 - 192
9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
The Communications section of the agenda is a set of items listed as
correspondence to Council that could be approved in one motion of
Council. If Staff feel that more than one recommendation is required, the
listed communications items will be grouped accordingly. The single
motion per recommendation, if required, will save time.
Prior to any motion being taken, a Councillor may request that one or
more of the items be lifted for discussion and considered separately.
RECOMMENDATION: THAT Council receive and file for information
Item #9.1 through to and including Item #9.11.
9.1. Project Share - Meridian Coldest Night of the Year
Correspondence from Project Share looking to engage the public
to participate in the Coldest Night of the Year, a safe, Covid -
193 - 194
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friendly, virtual walk to raise awareness and funds to support
vulnerable families and individuals in the community.
Project Share - Meridian Coldest Night of the Year
9.2. Niagara Region Correspondence -
1) Every Other Week Garbage Collection Diversion Impact - Full
Year Analysis
2) Uppers Quarry Regional Official Plan Amendment 22
3) Niagara Official Plan: Proposed Draft for Consultation
4) Community Homelessness Prevention Initiative
WMPSC-C 41-2021 - Presentation
CLK-C 2022-006 - WMPSC-C 41-2021
WMPSC-C 41-2021
CLK-C 2022-007 - PDS 1-2022 - Uppers Quarry Regional Official
Plan Amendment
PDS 1-2022 - Uppers Quarry Regional Official Plan Amendment
CLK-C 2022-008 - PDS 2-2022 - Niagara Official Plan - Proposed
Draft for Consul
PDS 2-2022 - Niagara Official Plan - Proposed Draft for Consul
CLK-C 2022-003 - Community Homelessness Prevention Initiative
195 - 279
9.3. Resolution - City of St. Catharines - Community
Homelessness Initiative Plan (CHPI) Funding Shortfalls
At its meeting held on January 17, 2022, St. Catharines City
Council approved the attached motion regarding CHPI Funding
Shortfalls.
Notification - Niagara Region -Resolution from St. Catharines -
CHPI Funding Shortfalls
280 - 281
9.4. Resolution - Town of Fort Erie - Molecular Testing to Enter
Canada
Attached is a resolution from the Town of Fort Erie passed at its
meeting of January 17, 2022 with respect to Molecular Testing
requirements to enter Canada.
Trudeau-Modular Testing-Jan25
282 - 283
9.5. Resolution - Township of Adjala-Tosorontio 284
Page 7 of 361
Attached is a letter of support from the Township of Adjala -
Tosorontio regarding funding support for bridge and culvert
replacements in rural municipalities.
Funding Support Request for Rural Municipalites re Bridges and
Culverts
9.6. Resolution - City of Brantford - Addressing the Revolving
Door of Justice - Accountability for Sureties and Swift Justice
Attached is a decision of Brantford's City Council from its meeting
held January 25, 2022.
Addressing the Revolving Door of Justice - Accountability for
Sureties and Swift Justice - Resolution
285 - 286
9.7. Resolution - Town of Aurora - Dissolve the OLT (Ontario Land
Tribunal)
Attached is resolution from the Town of Aurora regarding the
matter of dissolving the OLT (Ontario Land Tribunal).
Resolution - Town of Aurora - Dissolve OLT Motion[132]
287 - 288
9.8. Resolution - City of Port Colborne - Consolidated Passenger
Transportation System for the Niagara Region
Please find the attached letter of support regarding Consolidated
Passenger Transportation System for the Niagara Region from the
City of Port Colborne.
City of Port Colborne Resolution - Consolidated Transit - Region
Regional Transit Initiative - 2021-317
289 - 342
9.9. Resolution - City of St. Catharines - Acts of Violence,
Harassment and Intimidation against Elected Officials and
Government Employees
Attached is a resolution from the City of St. Catharines regarding
Acts of Violence, Harassment and Intimidation against Elected
Officials and Government Employees.
Notification - Niagara Region - Acts of Violence, Harassment and
Intimidation against Elected Officials and Government Employees
343 - 344
9.10. Membership Invitation to the Multi-Municipal Wind Turbine
Working Group
The Multi-Municipal Wind Turbine Working Group is looking for
new Member Municipality's.
Invitation for New Membership
345 - 348
Page 8 of 361
9.11. Letter from Niagara Falls Professional Firefighters
Association (NFPFFA)
Letter addressed to Council addressing concerns regarding the
2022 Budget information presented during January 25, 2022
Special Council Meeting.
Letter to Council Feb2022
349 - 351
10. RATIFICATION OF IN-CAMERA
11. NOTICE OF MOTION
Except as otherwise provided in the Procedural By-law, all Notices of
Motion shall be presented, in writing, at a Meeting of Council, but shall
not be debated until the next regular Meeting of Council.
A Motion may be introduced without notice, if Council, without debate,
dispenses with the requirement for notice on the affirmative vote of two-
thirds of the Members present.
11.1. Motion - Planning Act - Change to Notification (Motion
brought forward by Councillor Lococo)
WHERE AS the current notification process under the Planning Act
for Official Plan amendments, Zoning By-law amendments, Plan of
Subdivisions/Condominiums under Section 22, Section 34, and
Section 51 respectively is to circulate by personal service or
ordinary mail, to every owner of land within 120 metres of the
subject land; to post a sign on the property; or to publish a notice
in the newspaper.
AND WHERE AS the current/historical process in the City of
Niagara Falls is to circulate by personal service or ordinary mail, to
every owner of land within 120 metres of the subject land; to post a
sign on the property; to publish a notice in the newspaper; and to
post notices on the city’s webpage.
AND WHERE AS that the majority of residents do not subscribe to
newspapers nor access the city’s webpage and consequently do
not see the notifications;
AND WHERE AS the City of Niagara Falls residents can be
impacted by changes to the Official Plan;
Now therefore it be resolved,
352
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THAT In order to be transparent and fair to the residents of the
City of Niagara Falls, Council consider increasing the current
notification distance for personal service or ordinary mail under
The Planning Act to capture those residents who live close to, but
further than 120m, to the properties going through changes to the
City’s Official plan, Zoning By-law or proposals for Draft Plan
Subdivision/Condominium.
THAT the City of Niagara Falls Council, direct Planning staff to
prepare a recommendation report that examines the advantages
and disadvantages of an increased circulation buffer for all Official
Plan amendments, Zoning By-law amendments and Draft Plans of
Subdivision/Condominiums including but not limited to cost
impacts and cost recovery options and the required process to
modify the buffer beyond the current Planning Act requirements.
MOTION
11.2. Motion - Adopt-A-Hydrant Progam (Motion brought forward by
Councillor Strange)
That Staff bring back a report regarding a potential Adopt -a-
Hydrant Program for the City of Niagara Falls.
12. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-law listed for Council consideration.
2022-
18.
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, Pedestrian Crossovers, Parking Prohibited,
Stopping Prohibited, Through Highways)
Feb 08 2022 - Stop Signs and Pedestrian Crossover
353 - 355
2022-
19.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Stopping Prohibited,
Stop Signs at Intersections)
Feb 8 By-law - Splendour & Various Stop Signs
356 - 357
2022-
20.
A by-law to designate Blocks 112, 113 & 114, Registered Plan
59M-484, not to be subject to part-lot control (PLC-2022-001).
PLC-2022-001 Bylaw
358
Page 10 of 361
2022.21. 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.
2022 FEB 8 By-law Enforcement Officers
359 - 360
2022-
22.
A by-law to adopt, ratify and confirm the actions of City Council at
its meeting held on the 8th day of February, 2022.
02 08 22 Confirming By-law
361
13. NEW BUSINESS
14. ADJOURNMENT
Page 11 of 361
The City of Niagara Falls, Ontario
Resolution
February 8, 2022
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 February 8, 2022, Niagara Falls City Council will be holding a Closed
Meeting as permitted under s. 239 (2)(c), of the Municipal Act, namely;
(2) A meeting or part of a meeting may be closed to the public if the subj ect matter
being considered is;
(c) a proposed or pending acquisition or disposition of land by the
municipality;
THEREFORE BE IT RESOLVED that on February 8, 2022 Niagara Falls City Council will
go into a closed meeting to consider matters that fall under section 239 (2) (c) to discuss
a proposed or pending acquisition or disposition of land by the municipality in relation to
MTO owned property at 5445 Kitchener Street.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 12 of 361
MINUTES
City Council Meeting
4:00 PM - Tuesday, January 18, 2022
Council Chambers/Zoom App
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, January
18, 2022, at 4:00 PM, in the Council Chambers, with the following members present:
PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris
Dabrowski, Councillor Carolynn Ioannoni (Zoom App), Councillor Lori
Lococo, Councillor Vince Kerrio,Councillor Victor Pietrangelo, Councillor
Mike Strange, Councillor Wayne Thomson.
EXCUSED:
Staff Present: Jason Burgess, Bill Matson, Andrew Bryce, Carla Stout, Ed Lustig, Erik
Nickel, Chief Jo Zambito, Jonathan Leavens, Kathy Moldenhauer, Serge
Felicetti, Trent Dark, Kira Dolch, Alex Herlovitch
1. IN CAMERA SESSION OF COUNCIL
1.1. In-Camera Resolution
RES-1-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Vince Kerrio
That Council enter into an In-Camera session.
Carried Unanimously (Councillor Ioannoni and Pietrangelo were absent
from the vote).
2. CALL TO ORDER
The meeting was called to order at 4:03 PM.
O Canada: Performed by: Angela Siracusa
Land Acknowledgement and Traditional Indigenous Meeting Opening
3. ADOPTION OF MINUTES
3.1. Council Minutes of December 7, 2021.
RES-2-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
Page 1 of 19
Page 13 of 361
That Council approve the minutes of the December 7, 2021 meeting as
presented.
Carried Unanimously (Councillor Kerrio declared a conflict of interest to
Item #9.5 - Legal costs).
RES-3-2022
Moved by Councillor Mike Strange
Seconded by Councillor Chris Dabrowski
That Council waive the Notice of Motion requirements of the Procedural by -law
and that members of Council be reimbursed for costs associated with legal
fees incurred from unfounded Code of Conduct complaints/investigations, up to
a limit of $10,000 per investigation, retroactive to the start of the 2019 -2022
term of Council.
Carried (Councillors Kerrio and Pietrangelo declared a conflict of
interest).
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Wayne Campbell indicated a pecuniary interest to cheque #448741,
in the amount of $315.28, payable to himself. Councillor Campbell also
declared a conflict of interest to Item #8.1 - CLK-2022-01 - Fee Waiver
Applications - Gateway of Niagara - Niagara Assertive Street Outreach, as he
has a contract with Gateway Niagara to provide a rental unit for their clients.
b) Councillor Lori Lococo indicated a pecuniary interest to the following cheques:
• Cheque #00384-0026, dated November 1, 2021, for $8000.00 to the
Downtown Board of Management.
• Cheque #447790, dated October 13, 2021, for $109.32 to herself.
• Cheque #448284, dated November 10, 2021, for $105.17 to herself.
• Cheque #448559, dated November 24, 2021 for $105.17 to herself.
• Cheque #448911, dated December 15, 2021, for $226.00 to herself.
• Cheque #00380-0037, dated October 18, 2021, for $2,063.89 payable to
Niagara Falls Art Gallery (she sits on the board as a resident).
• Cheque #00382-0058, dated October 25, 2021, for $2,333.33 payable to
Niagara Falls Art Gallery.
• Cheque #00389-0067, dated November 29, 2021, for $2333.33 payable
to Niagara Falls Art Gallery.
c) Councillor Carolynn Ioannoni indicated a pecuniary interest to cheque
#448768, cheque payable to herself for services.
d) Councillor Chris Dabrowski indicated a pecuniary interest to cheque #448749,
dated December 8, 2021, for $1,432.67 payable to himself for services.
e) Councillor Wayne Thomson declared a pecuniary interest to cheque #448970,
in the amount of $360.04.
f) Mayor Jim Diodati declared a pecuniary interest to the following cheques:
• Cheque #447769
• Cheque #447874
• Cheque #448534
Page 2 of 19
Page 14 of 361
• Cheque #448875
g) Councillor Victor Pietrangelo indicated a pecuniary interest to the following
cheques:
• Cheque #00392-0003, payable to DSBN, (spouse's employer).
• Cheque #00392-0004, payable to NCDSB (employer).
• Cheque #00391-0049, payable to NCDSB (employer).
Councillor Pietrangelo also declared a conflict of interest to the minutes of
December 7, 2021, item #9.5 (motion to cover costs for complaints).
h) Councillor Mike Strange declared a pecuniary interest to cheque #449062, in
the amount of $1367.77, payable to himself for services.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Jim Diodati extended condolences to the following:
• Jane Robbins - retired City crossing guard.
• Randy Swec - son of Edward Swec, a retired transit driver.
• Dave Kemp - retired Fire Chief.
• Maria Della Marca - mother of Ed Della Marca, of our Municipal Works
Department.
• Charlie Burland
• Mother of John & Frank LaPenna passed away (Frank is the former
Victoria Centre BIA Chair and John is always seen doing things for
people in need.
• Linda Babb
b) Mayor Diodati updated Council noting the following matters/events:
Betty White- Falls Illumination
• Falls lit white on Monday, January 17th, Betty’s 100th birthday
Snow event
• Thanks to crews working around the clock
• Haven’t seen a snow fall like this since the 80’s
• Lessons—not to go out on the road
o Abandoned cars caused ploughs on more than 35 streets to have
to divert because we couldn’t get around them
o Loaders typically used for crescents and cul de sacs had to help
free up more primary streets and arterial roads
o Significantly slowed/ impacted our operations
•
Warming Centre
• Coronation 50+ Centre has been repurposed
• Open as a warming centre 12noon-5PM 7 days a week
• Funded by the Region and staffed by Start Me Up Niagara
Tobogganing
• Firemen’s Park & F.H. Leslie
• Skating Rinks
• Prepared by the City/ maintained by neighbours
Page 3 of 19
Page 15 of 361
• True community rinks—thanks to volunteers
• Several rinks in the City:
o John N Allan Park – Kalar Road
o Mount Carmel Park
o Maple Street Park
o Preakness Park
o Fernwood Park – Hendershot Blvd
Grand Openings/ Business Happenings:
• Clover Therapeutic
• Massage Addict—new ownership
c) The next Council meeting is scheduled for Tuesday, January 25, 2022 for a
special budget meeting.
6. DEPUTATIONS / PRESENTATIONS
6.1. Niagara Falls Regional Councillor - Bob Gale
Bob Gale, Niagara Falls Regional Councillor, provided Council with a brief
update on various Regional matters.
6.2. Vision Zero Road Safety Update - Niagara Region - Presentation
Staff from Niagara Region (Carolyn Ryall, Director, Transportation Services
Division and Beth Brens, Acting Associate Director, Financial Reporting and
Analysis and Judy MacPherson) made a presentation to Council.
6.3. MW-2022-04
Regional Vision Zero Road Safety Project: Amending Agreement to the
Niagara Region Courts Inter-Municipal Agreement
RES-4-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Wayne Thomson
Recommendation:
That Council approve the Amending Agreement to the Niagara Region Courts
Inter-Municipal Agreement as attached as Attachment 1 for purposes of
advancing the Vision Zero Program; and further;
That the Mayor and Clerk be authorized to execute the Amending Agreement
to the Niagara Region Courts Inter-Municipal Agreement.
Carried Unanimously
6.4. Cannabis Facilities Study - Next Steps - Presentation
Susanne MacDonald and Paul Lowes, consultants from SLG Planning &
Design made a presentation to Council.
RES-5-2022
Page 4 of 19
Page 16 of 361
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
That Council receive the presentation made by Susanne MacDonald an d Paul
Lowes, consultants from SLG Planning & Design.
Carried Unanimously
6.5. PBD-2022-06
Cannabis Facilities Study - Next Steps
RES-6-2022
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
Recommendation:
That Council direct staff to bring the draft Official Plan and Zoning By-law
Amendments to regulate cannabis cultivation and processing to a public
meeting under the Planning Act.
Motion Withdrawn.
RES-7-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Chris Dabrowski
That Council support the recommendations in report PBD -2022-06 with a 500
metre separation distance.
Carried (Councillor Lococo and Councillor Ioannoni opposed).
7. REPORTS
7.1. F-2022-04
Cash Disbursement Bylaw and Public Disclosure
RES-8-2022
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
Recommendation:
That Council authorize Staff to publish searchable, continuous, cash
disbursement reports on the City’s website at least three times per fiscal
period, eliminating the need to present and pass cash disbursement bylaws at
Council meetings.
Carried (Councillor Ioannoni abstained from vote).
7.2. MW-2022-06
Acknowledgement of Chippawa Parking Petition
Page 5 of 19
Page 17 of 361
RES-9-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
Recommendation:
That Council receive this report for information; and further,
That Council direct Staff to proceed with public consultation in support of the
recommendation to remove parking restrictions on Chipman Crescent, Ussher
Street, Parkway Drive and Breadner Crescent.
Carried Unanimously
7.3. MW-2022-07
Korea War – Gapyeong Battle Victory Monument Adjacent to Cenotaph at
Fairview Cemetery
RES-10-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
Recommendation:
That Council receives this report for information regarding the installation of a
Korea War – Gapyeong Battle Victory Monument at Fairview Cemetery
adjacent to the Cenotaph and Tomb of the Unknown Soldier; and further,
That Council approve of the corresponding allocations in the Cemetery
Operating Budget for foundations and landscaping totalling $20,000 as outlined
in this report.
Carried Unanimously
RES-11-2022
Moved by Councillor Carolynn Ioannoni
Seconded by Councillor Lori Lococo
That Council direct Staff to look into adding benches at the cemeteries to
recognize Indigenous veterans.
Carried Unanimously
7.4. PBD-2022-03
AM-2017-008, Official Plan and Zoning By-law Amendment 5383-5385
Robinson Street Proposed: 3, 40 to 56 Storey Hotels Applicant: Canadian
Niagara Hotels (Dino DiCienzo) Requested Modification to Approved
Zoning By-law
Page 6 of 19
Page 18 of 361
Councillor Dabrowski left the meeting.
RES-12-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
Recommendation:
1. That subject to subsection 34(17) of the Planning Act Council pass a
resolution to deem the modifications to the draft zoning by -law to permit
3, 40 to 56 storey hotels on the property to be minor in nature and that
no further notice is necessary.
2. That Council adopt Official Plan Amendment No. 130 and pass the
related zoning by-law included in tonight’s agenda.
Carried Unanimously (Councillor Dabrowski was absent for vote).
Councillor Dabrowski returned to meeting.
7.5. PBD-2022-05
GTY-2021-001, Gateway Community Improvement Plan and Municipal
Employment Incentive Program Application
8000 Blackburn Parkway
5017156 Ontario Inc. (Vinyl Works Canada)
Applicant: Trent Pettit
RES-13-2022
Moved by Councillor Mike Strange
Seconded by Councillor Chris Dabrowski
Recommendation:
1. That Council approve the Niagara Gateway CIP Tax Increment Based
Grant program and Municipal Employment Incentive Program
Application for 8000 Blackburn Parkway subject to the Owner satisfyi ng
the program requirements
2. That Council approve the use of the Capital/Operating reserve to offset
the approximate planning and building permit fees of $ 33,393.00.
3. That the Niagara Region be advised of the decision of City Council
4. That the Mayor and Clerk be authorized to sign and execute the Tri-
party grant agreement and Municipal Employment Incentive Program
Agreement.
Carried Unanimously
8. CONSENT AGENDA
8.1. CLK-2022-01
Page 7 of 19
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Fee Waiver Applications - The Book Riot (Women's Place of Niagara),
Start Me Up - Out of the Cold and Gateway of Niagara - Niagara Assertive
Street Outreach
RES-14-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
Recommendation:
That Council approve the Fee Waiver Applications for:
1. “The Book Riot” fundraising event to support Women’s Place of South
Niagara, in the amount of $6,243.04 for the waiver of the Gale Centre
floor use.
2. Start Me Up - Out of the Cold - in the amount of $18,000.00 to provide
transportation services for homeless individuals to access programming
within the City of Niagara Fall.
3. Gateway of Niagara - Niagara Assertive Street Outreach - "Niagara
Falls Homeless Outreach" - in the amount of $3,600.00 for the waiving
of 600 transit tickets to assist the homeless with accessing supports and
services.
Carried Unanimously
8.2
.
CLK-2022-02
Food Trucks / Ice Cream Trucks - Municipal Business Licensing
RES-15-2022
Moved by Councillor Carolynn Ioannoni
Seconded by Councillor Lori Lococo
That staff come back with a report on the possibility of allowing Ice Cream trucks to
be licenced to operate in residential areas of the City, starting in the Summer of
2022, and if other municipalities allow for this type of licensing.
Ayes: Councillor Wayne Campbell, Councillor Carolynn Ioannoni, and
Councillor Lori Lococo
Nays: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Victor
Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson,
and Councillor Chris Dabrowski
DEFEATED. 3-6 on a recorded vote
RES-16-2022
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
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That Council extend the curfew past 10:00 PM.
Carried Unanimously
RES-17-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
Recommendation:
That Council receive this report for information.
Carried (Councillor Lococo and Ioannoni opposed).
8.3. F-2022-01
Monthly Tax Receivables Report - November
RES-18-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
Recommendation:
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
8.4. F-2022-02
Municipal Accounts
RES-19-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
Recommendation:
That Council approve the municipal accounts totaling $69,600,670.07 for the
period October 9, 2021 to December 31, 2021.
Carried Unanimously
8.5. F-2022-03
2022 Interim Tax Levy
RES-20-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
Recommendation:
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Page 21 of 361
That Council approve the 2022 Interim Tax Levy calculation and by -law providing
for the 2022 Interim Tax Levy.
Carried Unanimously
8.6. MW-2022-01
Beaver Valley Corridor Phase 2 - Regulatory Signs
RES-21-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
That Council approve the regulatory signs outlined below for the Beaver Valley
Corridor subdivision, Phase 2:
That a stop sign be installed facing traffic:
1) Westbound on Seabiscuit Drive at Kalar Road;
2) Northbound on Secretariat Court at Ascot Circle;
3) Eastbound on Seabiscuit Drive at Brookside Drive
4) Westbound on Brookside Drive at Seabiscuit Drive; and,
5) Northbound on Brookside Drive at Seabiscuit Drive.
That ‘no parking’ signs be installed on the:
1) North side of Secretariart Court between Ascot Circle and the western limit
of Secretariat Court, including the entire turning basin; and,
2) South side of Secretariart Court between a point 200 metres west of Ascot
Circle and a point 220 metres west of Ascot Circle, at the emergency access.
Carried Unanimously
8.7. MW-2022-02
Multiple Locations - Intersection Control Review
RES-22-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
That Council approve stop signs being installed on the minor street approach
at each intersection outlined below:
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1) Northbound on Orlando Drive at Keith Street;
2) Westbound on Tampa Court at Orlando Drive; and,
3) Southbound on Panama Court at Orlando Drive.
Carried Unanimously
8.8. MW-2022-03
Morden Drive – Pedestrian Crossover
RES-23-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
That Council approve a pedestrian crossover (PXO) to be established on
Morden Drive, 43 metres east of Kingston Avenue; and further,
That Council approve a No Stopping restriction to be established on the south
side of Morden Drive between Kingston Avenue and a point 60 metres east of
Kingston Avenue, and on the north side of Morden Drive between a point 25
metres east of Kingston Avenue and a point 75 metres east of Kingston Avenue.
Carried Unanimously
8.9. MW-2022-05
Maple Street and Sixth Avenue Intersection Control Review
RES-24-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
Recommendation:
That Council approve the installation of all-way stop controls at the intersection
of Maple Street and Sixth Avenue.
Carried Unanimously
8.10. PBD-2022-01
PLC-2021-005, Request for Removal of Part Lot Control
Block 41, Plan 59M-251
6386-6392 Pinestone Road
Owner: Maria Gallo
Applicant: John Gallo
RES-25-2022
Moved by Councillor Wayne Campbell
Page 11 of 19
Page 23 of 361
Seconded by Councillor Vince Kerrio
Recommendation:
That Council approve the request and pass the by -law included in today’s
agenda to exempt Block 41 Plan 59M-251 from Part Lot Control for a period of
two years.
Carried Unanimously
8.11. PBD-2022-02
PLC-2021-006, Request for Removal of Part Lot Control
Block 92 in Plan 59M-395
Chippawa West Plan of Subdivision
Applicant: Lancaster Homes (David Ribeiro).
RES-26-2022
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
Recommendation:
That Council approve the request and pass the by -law included in today’s
agenda to exempt Block 92, Registered Plan 59M-395, from Part Lot Control for
a period of two years.
Carried Unanimously
9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
9.1. Correspondence from the Ministry of Northern Development, Mines,
Natural Resources and Forestry
Please see the attached letter for information about The Ministry of Northern
Development, Mines, Natural Resources and Forestry’s Environmental
Registry Proposal: Proposed regulatory changes for the beneficial reuse of
excess soil at pits and quarries in Ontario.
RECOMMENDATION: For the Information of Council.
RES-27-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council receive and file the correspondence for information.
Carried (Councillor Ioannoni abstained from vote).
9.2. Resolution - Town of Pelham - Niagara Region Transit
Please find attached the resolution endorsed by the Council of the Town of
Pelham at their December 6, 2021 meeting.
RECOMMENDATION: For the Information of Council.
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Page 24 of 361
RES-28-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Campbell
That Council receive and file the correspondence for information.
Carried (Councillor Ioannoni abstained from vote).
9.3. Resolution - Township of North Dumfries - Requesting Provincial
Government release of Regional Governance Review Report
Please see the attached correspondence related to a resolution adopted by the
Township of North Dumfries Council.
RECOMMENDATION: For the Information of Council.
RES-29-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council receive and file the correspondence for information.
Carried Unanimously
9.4. Resolution - Township of South Frontenac - Standard Time - Ontario and
Quebec
Please be guided by the attached resolution from the Township of South
Frontenac.
RECOMMENDATION: For the Information of Council.
RES-30-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council receive and file the correspondence for information.
Carried Unanimously
9.5. Resolution - Township of South Frontenac - Joint & Several Liability
Please be guided by the attached resolution from the Township of South
Frontenac.
RECOMMENDATION: For the Information of Council.
RES-31-2022
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Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council receive and file the correspondence for information.
Carried Unanimously
9.6. Resolution - City of Kitchener - Fire Safety Measures and Conversion
Therapy
Please see attached for two resolutions regarding Fire Safety Measures and
Conversion Therapy.
RECOMMENDATION: For the Information of Council.
RES-32-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council receive and file the correspondence for information.
Carried (Councillor Ioannoni abstained from vote).
9.7. Inter Regional Transit Update – Taxpayer Transparency, Financial
Accountability and Fair Representation
Please find attached correspondence from the City of Welland respecting Inter
Regional Transit Update – Taxpayer Transparency, Financial Accountability
and Fair Representation.
RECOMMENDATION: For the Information of Council.
RES-33-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council receive and file the correspondence for information.
Carried Unanimously
9.8. Correspondence from the Niagara Region
Please be guided by the following reports from the Niagara Region.
RECOMMENDATION: For the Information of Council.
RES-34-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
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That Council receive and file the correspondence for information.
Carried Unanimously (Councillor Ioannoni was absent from vote).
9.9. Victoria Centre BIA - 2022 Budget
Please find attached the VCBIA budget as passed by our Board Of Directors.
RECOMMENDATION: For Council's Consideration.
RES-35-2022
Moved by Councillor Mike Strange
Seconded by Councillor Chris Dabrowski
That Council approve the Victoria Centre BIA 2022 budget as presented.
Carried Unanimously (Councillor Ioannoni was absent from vote).
9.10. Request for Noise Exemption - from Walker Industries
Walker Industries is requesting Council to approve a noise exemption for a
construction project for the property known as 3500 Thorold Townline Road
from March 1, 2022 - December 1, 2022, 24 hours a day, Monday to Saturday.
RECOMMENDATION - For Council's Consideration.
RES-36-2022
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
That Council approve the noise exemption request, in principle and to have
Municipal Works staff contact Walker Industries for further details.
Carried Unanimously
10. RESOLUTIONS
10.1. WHEREAS,on January 25, 2022 Niagara Falls City Council will be holding a
Special Meeting to consider matters pertaining to the City’s Operating Budget.
RES-37-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That the resolution be approved.
Carried Unanimously
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Page 27 of 361
10.2. That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council
deems the changes to the zoning by-law minor and exempts the requirement
for further written notice.
RES-38-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That the resolution be approved.
Carried (Councillor Ioannoni abstained from vote).
10.3. That a Tax Assistance By-law be adopted by Council and forwarded to the
Niagara Region for consideration under the Smarter Niagara Incentive
Program.
RES-39-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That the resolution be approved.
Carried (Councillor Ioannoni abstained from vote).
11. RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
RES-40-2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council receive a preliminary investigative report from the Ombudsman
and give direction to staff on offering a response to the Ombudsman's Office.
Carried Unanimously
12. BY-LAWS
2022-
01.
A by-law to authorize the payment of $69,600,670.07 for General Purposes.
2022-
02.
A by-law to provide an interim levy of realty taxes.
2022-
03.
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.
Page 16 of 19
Page 28 of 361
2022-
04.
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 6
storey apartment dwelling, containing a total of 35 dwelling units (AM-2021-
015).
2022-
05.
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5
storey apartment dwelling, containing a total of 122 dwelling units, and to
protect a portion of Significant Woodland and associated buffer (AM-2021-
017).
2022-
06.
A by-law to amend By-law Nos. 395, 1966 and 79-200 to regulate the
Chippawa East plan of subdivision on the lands (AM-2018-012).
2022-
07.
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 30
storey mixed use development consisting of two apartment dwellings and a
hotel, subject to the removal of a holding (H) symbol, and to repeal By-law No.
90-23 (AM-2020-016).
2022-
08.
A by-law to designate Block 41 Registered Plan 59M-251, not to be subject to
part-lot control (PLC-2021-005).
2022-
09.
A by-law to designate Part of Block 92 on 59M-395, designated as Part 2 on
59R-14751, not be subject to part-lot control (PLC-2021-006).
2022-
10.
Being a by-law to cancel a portion of City taxes and Regional taxes for vacant
lands formerly used as CP Railway spur and adjacent to 3659 Stanley
Avenue.
2022-
11.
A by-law to authorize the execution of a Section 37 Agreement with Canadian
Niagara Hotels Inc. pursuant to Section 37 of the Planning Act respecting the
provision of certain facilities, services and matters by Canadian Niagara
Hotels Inc. in return for an amendment to By-law No. 79-200 for an increase in
height to allow the development of three hotel towers, one hotel with a
maximum building height of 187 metres and two hotels with a maximum
building height of 131 metres, on lands owned by Canadian Niagara Hotels
Inc. and located on Robinson Street, in the City of Niagara Falls.
2022-
12.
A by-law to provide for the adoption of Amendment No. 130 to the City of
Niagara Falls Official Plan (AM-2017-008).
2022-
13.
A by-law to amend By-law No. 79-200 to permit the construction of a 56 storey
hotel and two 40 storey hotels on the Lands, subject to the removal of holding
(H) provisions, and to amend By-law No. 2005-188 so that it no longer applies
to the Lands (AM-2017-008).
2022-
14
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections,
Speed Limits on Highways – (Part 3 – 70 km/h), Speed Limits on Highways –
(Part 2 – 60 km/h))
Page 17 of 19
Page 29 of 361
2022-
15.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections)
2022-
16
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 18th day of January, 2022.
RES-41-2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
That the by-laws be read a first, second and third time and passed.
Carried (Councillor Ioannoni abstained from vote and Councillor Lococo
opposed to By-law 2022-06.
13. NEW BUSINESS
Councillor Ioannoni left the meeting.
a) Motion to waive procedural by-law.
RES-42-2022
Moved by Councillor Chris Dabrowski
Seconded by Councillor Mike Strange
That Council waive the Notice of Motion requirements of the Procedural by -law.
Carried Unanimously (Councillor Ioannoni was absent from vote).
b) Hendershot Boulevard - Parking Study
RES-43-2022
Moved by Councillor Chris Dabrowski
Seconded by Councillor Mike Strange
That Staff re-review the parking study on Hendershot Boulevard and to survey
the residents of Fernwood Subdivision.
Carried Unanimously (Councillor Ioannoni was absent from vote).
14. ADJOURNMENT
a) Adjournment
Councillor Campbell left the meeting at 10:21 PM.
RES-44-2022
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Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That Council adjourn the meeting at 10:21 PM.
Carried Unanimously (Councillor Campbell and Ioannoni were absent
from vote).
Mayor
City Clerk
Page 19 of 19
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MINUTES
Special City Council
Meeting
4:00 PM - Tuesday, January 25, 2022
Council Chambers/Zoom App
The Special City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
January 25, 2022, at 4:05 PM, in the Council Chambers/Zoom App, with the following
members present:
PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris
Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo (Zoom),
Councillor Carolynn Ioannoni (Zoom), Councillor Victor Pietrangelo,
Councillor Mike Strange, Councillor Wayne Thomson
STAFF
PRESENT:
Jason Burgess, Bill Matson, Jonathan Leavens, Serge Felicetti, Kira
Dolch, Carla Stout, Erik Nickel, Jo Zambito, Kathy Moldenhauer, Sam
Valeo, Trent Dark, Kent Schachowskoj, Marianne Tikky, Mark
Richardson, Mathew Bilodeau, Dave Etherington, Margaret Corb ett,
Shawn Oatley, Heather Ruzylo
1. CALL TO ORDER
The Special City Council meeting was called to order at 4:05 PM.
a) Motion to Appoint Councillor to Chair
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That Council appoint Councillor Victor Pietrangelo as Chair of this Special City
Council Meeting.
Carried (Councillor Ioannoni abstained from vote).
2. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Lori Lococo declared a conflict of interest to any notation in the 2022
Operating Budget referencing:
• Downtown Board of Management - spouse's former employer.
• Niagara Falls Art Gallery - as Councillor Lococo sits on the board as a
resident.
3. PRESENTATIONS
3.1. Presentation - 2022 Budget
Jason Burgess, CAO, presented the 2022 Budget to Council.
Page 1 of 3
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4. REPORTS
4.1. F-2022-06
Proposed 2022 Tax Supported Operating Budget Variance Analysis
Moved by Mayor Jim Diodati
Seconded by Councillor Mike Strange
Recommendations:
1. That Council approve the desired 2022 net operating budget of
$84,424,468.
2. That Council approve the use of reserves of $6,519,816 as part of the
2022 operating budget.
3. That Council approve a 2022 operating tax levy increase of 2.9% and
apply a new multi-year capital tax levy of 1%, for a total tax levy
increase of $2,924,236, bringing the total 2022 tax levy to $77,904,652.
4. That Council direct Staff to bring a report to Council at a future date
outlining the reserve funds that will be consolidated and utilized to fund
the $6,519,816 required to fund the 2022 budget.
Carried Unanimously
4.2. F-2022-07
2022 Boards and Commissions, Fee for Service, Grants and Honorarium
Recommendations
Moved by Councillor Lori Lococo
Seconded by Councillor Chris Dabrowski
1. That Council approve 2022 funding levels for organizations as
presented on attachment 1 for a total increase over 2021 funding levels
of 1.70% or $138,932.
2. That Council direct Staff to review and obtain 2022 contracts for those
Fee for Service organizations listed in attachment 1, where the contract
is expired.
Carried (Councillor Ioannoni opposed to Item #7 of the Fee for Service
chart, namely the Niagara Falls Ryerson Innovation Hub).
Moved by Councillor Chris Dabrowski
Seconded by Councillor Lori Lococo
That Council begin discussions and initial outreach to the organizations listed
in recommendation two F2022-07 around a potential reduction of funding from
the City of Niagara Falls over the course of the next three years starting in
2023 and have staff provide Council with a report with its findings at an
appropriate time later in 2022.
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Page 33 of 361
Carried Unanimously
5. BY-LAWS
2022-
17.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 25th day of January, 2022.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Vince Kerrio
that by-law 2022-17 be read a first, second and third time and passed.
Carried Unanimously
6. ADJOURNMENT
a) Adjournment
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Campbell
That Council adjourn the meeting at 6:25 PM.
Carried Unanimously
Mayor
City Clerk
Page 3 of 3
Page 34 of 361
PBD-2022-07
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
AM-2021-018 and 26CD-11-2021-003 Zoning By-law
Amendment and a Draft Plan of Vacant Land Condominium
5646-5678 Dorchester Road (formerly 5646, 5678 and 5708)
Applicant: Centennial Homes (Niagara) Inc.
Recommendation(s)
1. That Council approve the Zoning By-law amendment application to rezone the
lands to a site specific Residential Low Density, Grouped Multiple Dwellings (R4),
to permit 67 townhouse dwelling units.
2. That the Plan of Vacant Land Condominium be draft approved subject to the
conditions in Appendix A;
3. That the notice of decision include a statement that public input has been
received, considered, and has informed the decision of Council;
4. 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;
5. 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,
6. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City
Solicitor.
Executive Summary
Centennial Homes (Niagara) Inc. has requested a zoning by-law amendment for parcels
located at 5646, 5678 & 5708 Dorchester Road. The lands are requested to be rezoned
from the Residential 1B Density (R1B) zone to a site specific Residen tial Low Density,
Grouped Multiple Dwellings (R4) zone, to allow the development of 67 townhouse
dwelling units. The site-specific regulations requested for the R4 zone include reducing
the minimum lot area per dwelling unit, and reducing the minimum front yard and privacy
yard depths.
Centennial Homes (Niagara) Inc. is also proposing to develop the 1.70 ha site as a Plan
of Vacant Land Condominium. Registering a Plan of Condominium on the lands will
allow the individual ownership of the dwelling units, with the private road and visitor
parking area in common ownership.
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Planning staff recommend the applications for the following reasons:
• The proposed development complies with Provincial and Regional policies and
conforms to the City’s Official Plan with respect to achieving intensification and a
compact building form within the Built-Up Area and contributing a sufficient
supply of housing;
• The proposed development is compatible with surrounding development in terms
of building height and setbacks; and,
• Through conditions of approval, retention of good quality trees along lot lines and
the planting of larger caliper trees to screen abutting properties will be sought
wherever possible.
The conditions of draft plan approval, which address servicing, extension of a storm
sewer to the site, the provision of safe accesses, parkland dedication, fencing and all
other matters related to the development of the vacant land condominium, are listed in
Appendix A.
Background
Proposal
Centennial Homes (Niagara) Inc. has requested a Zoning By-law amendment for
amendment for parcels located at 5646, 5678 & 5708 Dorchester Road. (Schedule 1).
The lands are currently zoned the Residential 1B Density (R1B) zone, in accordance
with the Zoning By-law No. 79-200. The applicant is requesting the lands to be rezoned
to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to
allow the 67 unit residential development. The site-specific regulations requested for the
R4 zone include reducing the minimum lot area per dwelling unit and reducing the
minimum front yard depth and privacy yard depth.
Centennial Homes (Niagara) Inc. is proposing to develop the lands as a Plan of Vacant
Land Condominium. The condominium will divide the subject lands into 67 units of
lands to be sold individually. The private road and visitor parking area will be held in
common ownership. Schedule 4 shows the proposed unit layout with a common private
road and visitor parking areas.
Site Conditions and Surrounding Land Uses
The subject lands currently have single detached dwellings with trees and landscape
areas. The detached dwellings will be removed to facilitate this development. There are
single detached dwellings to the north, south, west and east of the proposed
development. In addition, there is a church to the south of the lands along Dorchester
Road.
Circulation Comments
1. Regional Municipality of Niagara (the Region)
Page 2 of 29
Page 36 of 361
o The lands are located within the Settlement Area under Provincial Policy
Statement (PPS) and within the Built-Up Area under A Place to Grow Plan
for the Greater Golden Horseshoe and is within a designated Urban Area
in the Regional Official Plan (ROP). These policies promote intensification
and compact development, such as the proposed development, in Urban
Areas. The creation of the 67 new townhouse units within the Built–Up
Area will contribute to the City’s annual residential intensification target of
40%, as set by the ROP. The proposed condominium application is
consistent with Provincial and Regional growth management policies.
o Requested conditions addressing servicing and waste collection are
included in Appendix "A".
2. Municipal Works
o No objections. The developer is to enter into a cost sharing agreement
with the City to provide a storm sewer extension to service the land, which
will form part of a City sewer separation project. This extension and
related sewer separation will increase wastewater sewer capacities,
reduce potential for surcharging during rain events and will promote
effective wastewater treatment benefiting the community, the environment
and growth, while reducing the overall cost of the sewer separation and
minimizing costs to the taxpayer.
3. Fire Services, GIS, Enbridge Gas, Bell Canada and Canada Post
o No objections
4. Parks Design
o Preservation of a greater number of quality trees within close proximity of
the perimeter of the subject Lands is recommended where feasible.
Plantings of larger caliper spaded trees in areas close to abutting
properties are recommended where trees end up being removed. Any
changes to the landscape plan, including the above recommendations will
be reviewed as a condition. The developer must follow the tree
preservation measures in accordance the Beacon Environmental Report.
o Cash-in-lieu of parkland dedication (5% of the appraised land value) will
be required.
5. Transportation Services
o The City’s Transportation Services had no concerns with the traffic brief
provided by the applicant, which demonstrates the traffic generated by this
development can be accommodated within the existing road network.
o The north entrance offsets Leeming Street. A condition has been included
that the northern driveway be restricted to a right in, right-out only.
o An Environmental Assessment study is proposed to study road
improvements for this section of Dorchester Road. Any recommended
road improvements will come out of this study.
Page 3 of 29
Page 37 of 361
Requested conditions from Fire Services, Enbridge Gas, Bell Canada, Canada Post,
Park Design and Transportation Services are included in Appendix A.
Neighbourhood Open house and Public Submissions
A neighourhood open house zoom platform was held on October 28, 2021 to introduce
the proposal to area property owners, the plan shared with the residents included a 67
unit townhouse development. the open house zoom platform was attended by 10 area
residents and 29 area residents signed a petition against the proposal.. In addition, 7
letters of objection have been received to date.
Residents Concerns
The resident’s concerns are summarized as follows:
• The residents prefer the site to be developed as single detached dwellings or a
20-unit subdivision (smaller scale – with single detached dwellings) rather than
as a townhouse development.
• That the proposed townhouse development is not compatible with the existing
single detached dwellings in area.
• The proposed development represents an over development of the site.
• The traffic generated by the proposed development is a major concern especia lly
during peak hours. Traffic backing up from Lundy’s Lane traffic light.
• The removal of trees, especially mature trees.
• The size of the proposed development and their impact on the value of their
homes.
• Servicing is a major concern and does not have the capacity to service the 67-
unit townhouse development.
At the meeting, the applicant stated he would review the concerns of the residents and
provide answers to these concerns. Schedule 3 is a public response table provided by
the applicant to address the neighbours concerns.
Staff note the following:
• As discussed below, the development of the lands for townhouses is permitted
by Provincial, Regional and City policies. The proposed development conforms
with the density range of 20-40 units per hectare that is expected for low density
residential areas.
• The change in zone is appropriate, as it will facilitate the development of new,
compatible forms of dwellings, additional housing supply and site-specific
provisions that allow efficient use of urban and serviced land.
• The proposed development can be accommodated by municipal water and
sanitary infrastructure. The construction of a new storm sewer and outlet is to be
completed as a sewer separation project. This will alleviate any flooding
concerns on this section of Dorchester Road.
• The proposed development provides 67 parking spaces for each unit and 38
parking spaces for visitor parking spaces for a total of 105 parking spaces
exceeding the requirement of 93 parking spaces.
Page 4 of 29
Page 38 of 361
• An arborist completed an evaluation of the existing trees and concluded there are
no sensitive species on site, and that the trees can be removed from the site
subject to prescribed mitigation measures. A total of 232 trees were assessed
and 164 trees on the subject property are proposed to be removed. A mix of 174
coniferous and deciduous trees will be replanted.
• Concerns about retention of trees at the periphery of the site are noted. A
number of trees that are on the side and rear lot lines are proposed for removal.
As a condition of approval retention of additional good quality trees along the lot
lines will be sought where possible and larger caliper trees planted where trees
are removed.
• A traffic consultant prepared a traffic brief and determined that the existing road
network has sufficient capacity to accommodate the future site generated traffic.
The development would generate 41 peak hour trips which would not negatively
impact existing roads. Both site access intersections are expected to operate at
an acceptable level of service with no delay or queuing concerns. The north
entrance offsets Leeming Street. To avoid turning conflicts with Leeming Street a
right in and right-out will only be allowed for this access.
Analysis
Planning Act, Provincial Policy Statement and Growth Plan
The Planning Act requires City planning decisions to have regard to matters of
Provincial interest, and comply or be consistent with Provincial policies. These policies
currently direct municipalities to facilitate residential intensification by directing 40% of
all residential development to Built-up Areas. The proposed development provides a
compatible, compact form, which will limit energy usage as well as the need to expand
urban boundaries to accommodate growth.
The proposed development complies or is consistent with Provincial Policies. It is
located in a walkable neighbourhood with transit available to promote alternative means
of transportation. It 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.
Official Plan
The subject lands are designated Residential, in the 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. New housing forms are to be of a height, massing and
provide setbacks that are in character with the surrounding neighbourhood. The Plan
permits detached dwellings, townhouses and other similar housing forms, with a density
between 20 to 40 units per hectare, to be developed throughout residential areas.
The proposed development conforms as follows:
• The proposed townhouse development would provide an alternative housing
choice in the neighbourhood and add to the mix of housing;
Page 5 of 29
Page 39 of 361
• The proposed development is compatible with the built form of the
neighbourhood. The proposed height of the 2-storey townhouses is consistent
with surrounding development, which consists of a mix of one and two storey
residential dwellings;
• Appropriate lot coverage, massing, and front, rear and side yard setbacks will be
provided in relation to abutting lands;
• In addition, sufficient landscape buffering is proposed in the front, rear, and
interior lot lines. Trees, fencing and other landscaping will be used to buffer
adjacent residences and enhance the streetscape on Dorchester Road;
• The townhouses would be developed at a density of 40 units per hectare and as
such conforms to the intent of the Official Plan.
Zoning By-law
The subject lands are currently zoned Residential 1B Density (R1B) zone under Zoning
By-law No. 79-200. The applicant is requesting the lands to be rezoned to a site
specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to permit
townhouses. Except for the site specific changes requested below the development
complies with the R4 zone, including maximum building height (10 metres) and
landscaping (38% provided versus 18% required). It is also noted that the building
height permitted under the R4 zone is the same building height permitted for adjacent
lands.
The changes to the standard R4 regulations are summarized in the following table:
ZONE REGULATIONS EXISTING
REGULATIONS
REQUESTED
REGULATIONS
Minimum lot area for a
townhouse dwelling
250 square metres for
each dwelling unit
247 square metres for
each dwelling unit
Minimum front yard depth
6m plus 13.1m from the
centreline of Dorchester
Road
5.5m – dwelling unit and
4.2 m – covered porch
Minimum privacy yard 7.5 metres
7.0m – along the north and
south lot line
6.0m – dwelling units
backing along each other
The requested regulations can be supported for the following reasons:
• The reduced lot area per dwelling is a minor departure from the current
regulation and permits a more compact built-form;
• The reduction to the privacy yard is requested for interior units and units along a
portion of the north and south lot lines only. This minor reduction can be
supported as extensive landscaping provides additional amenity.
Page 6 of 29
Page 40 of 361
• The setback form the centreline of Dorchester Road protects for a road widening.
As the required road widening will be dedicated as a condition of approval, this
setback is no longer necessary.
The R4 zone permits low rise apartment dwellings. To ensure compatibility with the
neighbouring properties is maintained, staff recommend the site specific R4 zone
prohibit apartment dwellings and limit the use to townhouse dwellings.
Condominium Design and Conditions of Approval
The Plan of condominium will accommodate the intended division of the land into
vacant units of land that can be owned separately. The plan will facilitate the sale of the
townhouse dwelling units to be built on them. The plan includes a private common road
off Dorchester Road and also includes amenity and parking areas.
In considering a proposed plan of condominium, Council shall have regard to the
planning matters listed under Section 51(24) of the Planning Act. The development
complies with these matters as follows:
• As discussed earlier, the proposed development complies with matters of
Provincial interest and Provincial policies and conforms the Official Plan;
• The draft plan is not premature as the lands are suitable for development are
designated for residential development In the City’s Official Plan and services are
readily available. The development is in the public interest as they facilitate the
development of additional housing supply and new housing forms within this
area;
• Adequate access will be provided from Dorchester Road, which provides access
to the transportation network;
• Each unit will be a conveyable unit of land and will provide sufficient space for
the dwelling unit and front and rear amenity areas.
• The proposed development can be adequately serviced by water, sanitary and
storm water as discussed in this report;
• The subject lands are located within approximately one kilometre (12.5 minute
walk) of three elementary schools which can serve the development;
• Site plan matters and all site works, including landscaping, servicing, tree
planting, the provision or lot drainage to avoid impacts on abutting properties.
Lighting, access, and road widening, will be address through a condominium
agreement that will be registered on title. Works will be secured through a
security that will be held until they are satisfactorily completed and certified;
Appendix A includes the recommended conditions of approval including the review of
drainage and storm servicing, extension of the storm sewer, parkland dedication and
installation of the necessary facilities and services for Canada Post and Enbridge
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property
tax revenue for the City. The extension of the storm sewer and sewer separation is to be
Page 7 of 29
Page 41 of 361
a cost sharing project with the City, which is expected to reduce overall cost of the sewer
separation. There are no other financial implications.
Strategic/Departmental Alignment
The proposed condominium complies with the Diverse and Affordable Housing Strategic Priority
as it will diversify housing options in this neighbourhood for residents.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Site Plan
Schedule 3 - Public Comment Response Table
Schedule 4 - Draft Plan of Vacant Land Condominium
Schedule 5 - Landscape Plan
Schedule 6 - Tree Preservation Plan
Appendix A - Conditions of Draft Plan Approval
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 01 Feb
2022
Jason Burgess, CAO Approved
- 02 Feb
2022
Page 8 of 29
Page 42 of 361
SCHEDULE 1
LOCATION MAP
Page 9 of 29
Page 43 of 361
SCHEDULE 2
SITE PLAN
Page 10 of 29Page 44 of 361
Page 1 of 11
January 3, 2022
Public Comment Response Table – Village on Dorchester - AM-2021-018 and 26CD-11-2021-003
No. Comment Commenter Comment Submission Type Response
1
The Draft plan doesn’t show how road widening is
accomplished or the sidewalk being provided through
development. Where will the sidewalks and streetscaping go?
Ryan Schertzing
Public Open House
Via ZOOM
The road widening is required and entitled to be taken by the municipality through the Condominium
Application; however, this does not mean that the lands will immediately become part of the roadway.
The widening dedication facilitates future improvements to be made by the City.
The existing sidewalk will remain, and be restored, as required.
2 What is the City’s “Vision” for Dorchester Road? Ryan Schertzing
Public Open House
Via ZOOM
The proposed development will orient dwellings architecturally towards Dorchester Road, with
landscaping and low fencing along the existing sidewalk.
The City would be responsible for undertaking a project to upgrade or change Dorchester Road. No
changes to the roadway cross section are proposed through this application.
3 Surprised and feel that applicant is incorrect that the subject
lands do not contain a woodlot. Ryan Schertzing
Public Open House
Via ZOOM
Although the subject lands contain several trees, the property does not contain an identified
“significant woodland”, as outlined by Provincial, Regional and municipal planning documents. Any
trees located on the property are eligible to be removed by the owner at any time.
4 How does the developer intend to deal with the traffic? Ryan Schertzing
Public Open House
Via ZOOM
A Traffic Report was not required as part of a complete application submission.
Anticipating comments from the neighbourhood, the applicant commissioned a traffic report. This
report has concluded that the development will have no significant impact on the road network.
5 When was the traffic report completed? Was it done during
“lockdown” without any significant traffic on the roadway? Diane Konkin
Public Open House
Via ZOOM
The Traffic Report used pre-Covid (2019) traffic volumes to generate the traffic model, to ensure that
traffic volumes were reflective of “typical” conditions.
6 If the development moves forward, would there be plans for a
traffic light or crosswalk on Dorchester and High Street? Diane Konkin
Public Open House
Via ZOOM
The City’s transportation department would provide direction on this. The submitted traffic brief did
not cite the need for signalization or improvements along Dorchester Road.
7 Wants developer to reconsider the plan, and propose only 30-
40 homes. Diane Konkin
Public Open House
Via ZOOM
The proposed plan efficiently uses lands for multiple residential development. The proposed
development satisfies applicable density requirements and allows for additional housing supply to be
generated within the municipality.
8
Understands two accesses being beneficial for emergency
access, but prefers one access be provided only to manage
traffic flow.
Ryan Schertzing
Public Open House
Via ZOOM
Two accesses are desirable as they facilitate the full movement of emergency vehicles and waste
collection vehicles.
9 Would all homes along Dorchester also have land taken for a
road widening? Mercedes
Public Open House
Via ZOOM
No, road widenings are appropriately taken at the time of Planning applications. Lands will not be
taken from other properties along Dorchester Road at this time.
10
Likes the character of the neighbourhood, and feels that
development is “cramming in” development. Did not move to
Niagara to see dense development.
Mercedes
Public Open House
Via ZOOM
The proposed development conforms to the requirements of the Official Plan and majority of the R4
Zoning provisions. The scale of development is consistent with other vacant land condominium
developments across the municipality and in Niagara and is provided at a permitted unit per hectare
density.
11 Who is the registered Land Owner? Ron and Judy
Giberson
Public Open House
Via ZOOM
The owner and applicant is Centennial Homes (Niagara) Ltd. Page 11 of 29Page 45 of 361
Page 2 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
12
There are 3 properties to the north that have been cleared for
development by a local developer. That property will have a
large impact between Frederica and High Street.
Concerned about the impact of this development, paired with
potential development on adjacent lands.
Ron and Judy
Giberson
Public Open House
Via ZOOM
Centennial Homes application is before the City for review and consideration. As no applications or
plans have been submitted for adjacent lands, there is nothing for the applicant to review or consider
through this process.
13 How will the adjacent vacant lands impact the subject lands,
specifically with regards to stormwater management?
Ron and Judy
Giberson
Public Open House
Via ZOOM
Stormwater generated from this development must be managed on site. The Post Development
Condition must be equal or better than the pre-development condition. This approach ensures that the
development has no adverse impacts on adjacent lands (i.e. stormwater trespass, flooding).
This requirement is applicable to all development applications.
14 Prefer Luxury Single Family Homes on the subject lands, and
adjacent property.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The proposed townhomes are an appropriate use for the lands. Large scale dwellings typically
consume more land and yield less development density, which is contradictory to planning policy
direction set forth by the Province, Region and City.
15 What is the approximate selling price? Ron and Judy
Giberson
Public Open House
Via ZOOM
As noted during the Open House meeting, current pricing for similar products in Niagara Falls is
approximately $600,000.00.
16 It is a shame that a simulation was done for traffic. Counts
would have validated what the neighbours are saying.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The Traffic Consultant used approved, standard methods for evaluating potential traffic impacts.
17 There is no green space provided within the development.
Where will families and kids enjoy outdoor time?
Ron and Judy
Giberson
Public Open House
Via ZOOM
Private amenity space is allocated for each unit in a functional privacy yard. The subject lands are also
located within walking distance of Prince Edward Park.
18
There are Stormwater issues on Dorchester Road, as it typically
floods in front of the subject lands. High Street floods as well
due to reprofiling of the roadway recently.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The applicant and engineering consultant have no knowledge of these flooding issues on Dorchester
Road, but will consider this information with the formal design. He subject site is proposing no work on
High Street and will not add drainage to High Street.
19 Stormwater diversion is towards the Hydro Canal. Has outlet
location been approved?
Ron and Judy
Giberson
Public Open House
Via ZOOM
The outlet location will need to be approved by the City of Niagara Falls, Ontario Power Generation,
and the Ministry of the Environment, Conservation and Parks.
20 Combined Sewer is problematic. Capacity is inadequate in this
area.
Ron and Judy
Giberson
Public Open House
Via ZOOM
Combined sewers are not a preferred urban servicing method. The proposed development would seek
to use the sewer for sanitary purposes only. A new storm sewer supporting this development would
free up sanitary capacity in the existing combined sewer which would be of benefit to the entire area
relying on it.
21 How will streetlight impacts be considered or mitigated? Ron and Judy
Giberson
Public Open House
Via ZOOM
Through development engineering the applicant will need to prepare lighting and photometric plans
which demonstrate no light trespass or impacts on adjacent lands.
22 Are you aware there is a Bell Right of Way on the property?
Will you be building on/encroaching into these easements?
Ron and Judy
Giberson
Public Open House
Via ZOOM
The title documents associated with the subject lands cite no easements on the subject lands.
23 Has the developer considered single family homes? If so, why
are they opposed to building them.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The developer has chosen to pursue townhomes as the most efficient use of the property.
24 Concerned about low income housing. Mercedes Public Open House
Good planning requires the provision of housing for all members of the community, regardless of
economic status. Page 12 of 29Page 46 of 361
Page 3 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
Via ZOOM
The subject lands will not be developed with Affordable or subsidized housing, as defined by Planning
authorities.
25 Why 67 townhomes on this sized lot? These are not
compatible with existing homes. Mercedes
Public Open House
Via ZOOM
Townhomes are a compatible building form with single detached dwellings.
The proposed dwellings will be two storeys, similar to those found on adjacent lands.
26 Could a different zone be used instead of the R4 zone? Mercedes
Public Open House
Via ZOOM
In order to permit Townhomes, the R4 Zone must be applied.
27 Is there an alternative plan available with less units? Mercedes
Public Open House
Via ZOOM
No, the applicant has submitted the 67-unit plan for review and consideration. There are no additional
plans for review.
28 Why aren’t the trees on the periphery being kept? Sue and Wayne
Martin
Public Open House
Via ZOOM
Some trees may be able to be kept, subject to detailed engineering design. Any trees located on
adjacent lots will be preserved.
29
This site is not flat, you are building on a hill. The levelling of
the property will cause tree damage. If you grade it, which
way will it affect my lot?
Sue and Wayne
Martin
Public Open House
Via ZOOM
The detailed grading plan for this site will be prepared as part of the engineering design process.
Through grading, no negative impacts on adjacent lands are permitted. This will ensure no impacts
from runoff will affect adjacent properties.
30 Where is the Storm Sewer? Does the new sewer need to go in
before development? Ryan Schertzing
Public Open House
Via ZOOM
The storm sewer upgrade is actively being worked on by the City of Niagara Falls. It is intended that
this development would be constructed concurrently with the municipal project to limit construction
delays.
31 Zoning relief may appear minor, but is not. Allows for more
development. The development exceeds the density cap.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The site -specific relief requested to facilitate this development is considered to be minor in nature.
The development conforms with the Official Plan’s prescribed density requirement.
32 Vehicle parking on property is ratioed at 1.4 per dwelling. If
you look at other developments, the parking is problematic.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The parking provided meets the minimum required by the Zoning By-law. Each dwelling will have a
driveway and garage space, with visitor parking provided throughout the development.
33 Concerned about safety issue on Dorchester, pedestrian
primarily.
Ron and Judy
Giberson
Public Open House
Via ZOOM
The Traffic Brief prepared by RVA indicates that the development will have no impact to Dorchester
Road.
No safety issues were identified.
34 Is there any flexibility in the architectural design? Ron and Judy
Giberson
Public Open House
Via ZOOM
Preliminary Architectural designs have been submitted with the application. Modifications to built
form may be explored through the Site Plan review process, however the general architectural styling
has been set by the developer.
35
This development is a mistake, it is ambitious, over crowded, a
hazard, and cannot be accommodated from a safety
standpoint.
Diane Konkin
Public Open House
Via ZOOM
The proposed development includes dwelling types permitted by the Official Plan and within the
require density range. The development uses land efficiently to provide multiple housing
opportunities. The site design is reflective of other comparable developments within the City and does
not create any hazards to future residents or adjacent properties.
36
Living just down the road at 5776 dorchester near the
intersection of High Street i walk this in front of this beautiful
piece of land almost every day. I admire the few homes that
occupy this large plot of woodland. There is a rare abundance
Ryan Schertzing
E-mail Comment Submission to
City Staff
October 20, 2021
The subject lands do not contain a significant woodland.
The proposed plan is in conformity with the Official Plan with regard to permitted dwelling forms, and
development density. Page 13 of 29Page 47 of 361
Page 4 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
of mature trees in this centre of the city which provide homes
for a vast amount of wildlife and birds. It would really be a
shame to allow such dense development and destroy such a
nice piece of landscape. I will be speaking to a few of the
other neighbours in the area to gather their opinions on the
development as well. I think the proposal as submitted does
not take into account the ecological preservation of the
woodland. This is a very mature area which the surrounding
parcels of land including my residence have large lots with
many mature trees. I believe that any consideration for new
development should be consistent with the size of lot and
house in the neighbourhood that surround it. These old
neighbourhoods should be well preserved and development
planned carefully. This subject land can just as easily be
subdivided into similar lot sizes with detached bungalows or 2-
storys houses keeping with the character of the
neighbourhood and preservation of the landscape. Instead of
cramming 67 townhouses. I’ve attached an alternative lot
layout that would be more favorable and which would provide
for 20 individual single family homes consistent with the
surrounding lots. Please take this into consideration when
reviewing any zoning amendments.
In the interest of providing additional, needed housing supply to the municipality the applicant is
seeking a denser, and efficient use of lands, as opposed to large lots with limited dwellings.
37
A Transportation Impact Study was not provided with the
application. Currently traffic congestion on Dorchester Road is
a major issue. It takes quite a bit of time just to get out of our
driveway, especially during the busy tourist season when
traffic is at its peak. This overly ambitious development will
only add to the traffic congestion, reaching intolerable levels.
What innovative measures have been contemplated to
mitigate the traffic impact of the proposed townhome
development?
o The southernly site access is right across the
street from our driveway, how do you expect
residents to easily get in/out of their
driveway?
o There also appears to be a conflict between
the northerly site access and the Leeming
Street/Dorchester Road intersection – the
no39rtherly site access be restricted to right-in
right-out movements only as vehicles coming
in and out of the site will routinely come into
conflict with those turning from Leeming
Dyna Teal and
Michal Pasco
E-mail Comment Submission to
City Staff
October 26, 2021
A Traffic Study was not requested through the pre-consultation meeting associated with this
development.
Regardless, a Traffic Study was undertaken by the developer after submission to evaluate potential
impacts. The report prepared by RV Anderson Associates has concluded the following with regard to
Mr. Pasco and Ms. Teal’s specific comments:
Both site access intersections are expected to operate at an acceptable level of
service with no delay or queueing concerns;
Opposing left-turning traffic on Dorchester Road turning into the northernmost site
access and Leeming Street will not be within the same travel lane, reducing the
likelihood of head-on collisions and will not impede each others sightlines;
The turning paths of outbound left-turning traffic from both the northernmost site
access and the opposing Leeming Street approach do not overlap (i.e., hook);
As the roadway alignment is generally flat and straight, there are no concerns with
sightlines at these access locations; and
No intersection improvements are required as a result of the site generated traffic.
Page 14 of 29Page 48 of 361
Page 5 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
Street onto Dorchester Road.
o The proposal contemplates only 1 resident
parking space/unit and 0.5 visitor parking
space/unit. We have concerns with overflow
parking into the surrounding neighbourhood.
There's no street parking available on the east
side of Dorchester Rd, making the
limited parking available on the west side the
only other option. While the applicant is
complying with the zoning by-law, the market
is dictating more than 1.0 space/unit is
necessary.
With regard to parking, the proposed development meets the minimum requirements of the zoning
by-law. Each dwelling unit is provided with two functional spaces, with 38 spaces provided in the
common element. This amount of parking is considered adequate for the development.
38
The density and lot fabric of the proposed townhouse
development is not compatible with the established
neighbourhood which is comprised of mature estate lots. A
development composed of a limited number of single-
detached homes would be more suitable for the area. Another
option is to increase the lot size of the townhomes which
would allow for a more compatible form of development while
still allowing for additional housing supply.
Dyna Teal and
Michal Pasco
E-mail Comment Submission to
City Staff
October 26, 2021
Townhouse development is compatible with single detached development and is a physical
development condition seen throughout Niagara Falls and other Niagara municipalities.
The proposed development plan is consistent and in conformity with current planning direction,
efficiently uses lands and creates additional housing opportunities.
39
The current zone R1B is appropriate given the established
neighbourhood is comprised predominantly of single-detached
homes but if the change in zoning is required, the City should
require the lot widths of each townhouse unit be of an
appropriate size with regulations in place to respect the lot
pattern of the surrounding neighbourhood.
Dyna Teal and
Michal Pasco
E-mail Comment Submission to
City Staff
October 26, 2021
The requested R4 zoning is considered appropriate for the property. It will permit dwellings of a similar
mass to those found on adjacent streets. Further, the development layout is a back to back
configuration, as exists already in the neighbourhood.
Aside from the R1B Zone permitting only single detached dwellings, the associated zoning setbacks are
similar and in some cases more permissive than the R4 Zone.
40
The contemporary style of architecture is not in keeping with
the character of the established neighbourhood. We suggest
that the developer employ an architecture style and building
materiality to tie in the architecture of the surrounding
community.
Dyna Teal and
Michal Pasco
E-mail Comment Submission to
City Staff
October 26, 2021
The architectural style of the dwellings has not been formally decided, however the contemporary
model is preferred by the developer.
The character of the neighbourhood is not homogeneous and includes a variety of different housing
forms, design styles and materials. The introduction of an additional architectural style would not
offend or be incompatible with existing homes.
41
We disagree with the proposed tree removals on site. This
removal will have a devastating impact on the
beauty/landscape of Dorchester Rd and the species that rely
on those trees. We would like to see an independent Urban
Forestry company conduct a site visit to verify and validate the
Dyna Teal and
Michal Pasco
The Arborist Report was prepared by a qualified professional.
The existing trees on site are not part of a significant woodland feature, nor would they qualify as one
under applicable policy tests – they are individual trees on private property.
Although tree removals will be needed to facilitate development, the developer will be planting new Page 15 of 29Page 49 of 361
Page 6 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
Arborist Report.
trees on site. Where possible, some existing trees may be preserved.
42
Dorchester road is a majority arterial road in the city of
Niagara Falls which in this area provides access to Hwy 20
(Lundy’s Lane) and the QEW @ highway 420. The road is
already busy during peak periods throughout the day and the
residents already have to wait for several minutes until traffic
is clear to get out of their own driveways. Dorchester Road is
only a 2 lane road – The proposal put forward shows a partial
road widening but also indicates the addition of 2 private
driveways which would be added as part of this development.
This will create more bottlenecking of traffic in the already
congested corridor between High St. and Frederica which
could in turn create more accidents. To our knowledge there is
no traffic study that has been completed that demonstrates
the development
won’t have a nega ve impact.
Ryan Shertzing
Letter Submission to City Staff
October 27, 2021
The Traffic Brief prepared by RV Anderson Associates has evaluated the proposed accesses and traffic
volumes that will be generated and has concluded there will be no significant impact to Dorchester
Road.
43
Contrary to the consultants Functional Servicing Report - the
infrastructure does not support the development.
The exis ng
waterman is old and during peak usage periods there is already
a drop in supply pressure. A new service line to this
development will have to provide support additional water
services and fire protection to an additional 67 households,
potentially having a negative effect on the rest of
the neighborhood.
Ryan Shertzing
Letter Submission to City Staff
October 27, 2021
To our knowledge, Mr. Schertzing is not a professional engineer or qualified to provide determinations
or opinions on the performance of municipal servicing systems.
The Functional Servicing report was completed by a Professional Engineer and concluded that existing
infrastructure ad upgrades can accommodate development.
City of Niagara Falls engineering staff have provided preliminary comments on these applications and
have cited no concerns with the development proposal.
44
The existing combined sewer is already nearing capacity,
especially notable after heavy rainfall events. The City of
Niagara falls has already begun planning to complete future
major capital sewer separation projects on the majority of the
city’s sewer systems; because of their age they are nearing the
end of their service life. Currently this lot is an established
natural environment with very few houses occupying it. It
provides some much needed greenspace in the center of the
city and is aids in flood control. Develop of this site to R4
would leave minimal greenspace to absorb rainwater and all
new storm water would need to be piped. There is no storm
water infrastructure available for the new development. As a
condition of new
development the report men ons a “future”
one to be provided to run down to Garden Street at a later
date, but also notes that 50% of the funding for this would
have to be provided from the city. M ost developments would
have to demonstrate that the new grading won’t have any
negative impact
to adjacent proper es. Without knowing the
proposed grading of the site at this time, there is no way to
adequately assess this.
Ryan Shertzing
Letter Submission to City Staff
October 27, 2021
To our knowledge, Mr. Schertzing is not a professional engineer or qualified to provide determinations
or opinions on the performance of municipal servicing systems.
As required by the City and Niagara Region, the proposed storm sewer system shall be designed by a
professional engineer and post development conditions shall meet pre, or better conditions with no
negative impact on adjacent lands. Page 16 of 29Page 50 of 361
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No. Comment Commenter Comment Submission Type Response
45
Currently these lots provide existing greenspace in the area.
Although this is a private property the trees do provide homes
for various types of wildlife including certain types of
migratory birds. As part of the planning application the
applicant was asked to provide a tree preservation plan. The
proposal put forward is suggesting the removal of 177 out of
232 trees which are otherwise in healthy condition. As a
minimum the trees bordering the east side of the property
should be maintained as they provide a buffer for the residents
on Woodland. These are trees that could easily be around for
another 100+ years removing pollution and offering the
benefits of large mature native trees.
There is no men on of
alternative lot layouts or site specific mitigation measures
during construction which would help to preserve this natural
landscape. The only mention is to leave a few trees around
the perimeter outside the subject property that would not be
affected by the construction
development. Alterna vely if the
development put forward suggested individual lots with single
detached dwellings there would at least be an opportunity to
help preserve these mature trees.
Ryan Shertzing
Letter Submission to City Staff
October 27, 2021
The subject lands do not currently provide greenspace for anyone but the owner of the lands – they are
not a public park.
A change in dwelling type would not necessarily mean that additional trees would be saved.
As shown on the preliminary landscape plan, tree plantings will be provided as part of the
development.
46
In talking with some residents on High St and Woodland, they
noted that the existing trees provide them with many benefits
currently including noise reduction from Hwy 420 and
Dorchester road, and shelter from the elements and
shade.
Most municipali es have Tree Canopy Preserva on
Policies, with allowance for permitting on private property only
under certain conditions. The proposal put forward does not
provide enough mitigation measures to preserve this natural
greenspace which provides many benefits including reduction
of carbon emissions in the natural environment. Residents
noted there is only 1 available park in the area on Prince
Edward and Leeming St. If this land was considered for any
type of R4 redevelopment, the city should ask the developer to
at least provide a parcel that should be retained as greenspace
and could be considered to be another city park.
Ryan Shertzing
Letter Submission to City Staff
October 27, 2021
The proposed development no not contain any protected woodlot or trees.
No land dedication for a municipal park was requested through pre-consultation. Cash-in-lieu was
identified as the preferred form of parkland dedication.
The provision of a public park within a private road development is not considered appropriate as it
facilitates trespass and undue strain on private lands that are the shared maintenance responsibility
and liability of the condominium corporation.
47
We'd like the city to hire an independent company to verify
the existing traffic study. Historical TMC count was used, with
estimations & no annual growth rate applied to the historical
2019 data. In addition there's no historical traffic count data
available for the intersection of Leeming St at Dorchester Rd,
therefore traffic volumes were estimated. We'd like the city to
ensure all data is current and accurate. It doesn't seem
reasonable that estimations would be acceptable, when traffic
congestion is a current and real issue on Dorchester Road.
Dyna Teal and
Michal Pasco
E-mail Comment submission to
city staff
October 28, 2021
The submitted Traffic Brief was prepared by RV Anderson and Associated, which is a locally based and
qualified transportation engineering firm.
This report is under review by the City’s Transportation department. To date, no issues with the study
have been identified. Page 17 of 29Page 51 of 361
Page 8 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
48
Who is the registered owner of Assessment Roll Nos 2725-060-
014-02500,275-060-014-02600 and 275-060-014-02700?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The owner of the subject lands in Centennial Homes (Niagara) Ltd.
49 What is Centennial Homes roll in this development? Ron Giberson
E-mail Comment Submission
October 27, 2021
Centennial Homes is the developer.
50
Has consideration been given to the impact of the 3 vacant lots
( 5630 , 5619 Dorchester and 532 Frederica) (Owned by
Pinewood Homes) abutting the applicable property for zoning,
storm sewers, sanitary sewer, traffic impacting, fire routes,
green space, neighbour hood compatibility? This acreage is
much larger than the applicants proposal and will most
definitely over tax existing services ie sewers, road traffic,
population.
Ron Giberson
E-mail Comment Submission
October 27, 2021
No development application has been made for 56305619 Dorchester and 532 Frederica at this time.
51 What is the projected selling price of a dwelling?
Ron Giberson
E-mail Comment Submission
October 27, 2021
As noted to Mr. Giberson during the public meeting, similar dwellings sell for around $600,000.00 at
this point in time.
52 What is the “green space” requirement for this acreage? I see
none on the plan! Where do kids play? Ron Giberson
E-mail Comment Submission
October 27, 2021
Each unit will have an exclusive private amenity yard at the functional rear of each dwelling for outdoor
amenity.
53
Is the applicant aware of the current flooding issues on
Dorchester Road with most rain events?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The owner and consulting team are unaware of any flooding issues on Dorchester Road.
54
What coefficient of runoff and storm intensity was used in the
storm water study?
Ron Giberson
E-mail Comment Submission
October 27, 2021
At present, the current calculations utilize a runoff coefficient of 0.70 for the proposed townhouse
development area, as well as 0.45 and 0.90 for the existing residential and commercial lands
surrounding the development in accordance with the Niagara Falls Standards. All Intensity Parameters
for the stormwater calculations were gathered from the Niagara Falls Standards.
55
Has the proposal been reviewed by Ontario Hydro for storm
discharge to the Sir Adam Beck Canal? If “yes” I would request
a copy of their review letter.
Ron Giberson
E-mail Comment Submission
October 27, 2021
The necessary approvals for the external storm sewer works have not yet been procured. It is intended
that this project would occur concurrently with the planned storm sewer construction. It is anticipated
that the City will consult with OPG through the design process.
56 What is the sanitary sewer load contribution?
Ron Giberson
E-mail Comment Submission
October 27, 2021
For the current plan of 67 units and site area of 1.7 hectares, the proposed development would have a
peak sanitary outflow of approximately 3.39L/s.
57
Have there been any sanitary sewer changes on Dorchester
Road to increase capacity?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The sanitary sewer fronting the proposed Dorchester Centennial Condo site consists of a combined
sewer constructed in 1962, providing conveyance for both stormwater and sewage flows.
The construction of a storm sewer on Dorchester Road/Garden Street to provide a stormwater outlet
for the proposed development will reduce stormwater flows entering the combined sewer system,
thereby increasing the available sanitary capacity of the downstream system.
58 Has there been consideration given to the combined impact of
both Centennial and Pinewood’s (future) developments on the Ron Giberson E-mail Comment Submission
The submitted servicing report evaluates the proposed development against existing conditions. As the
adjacent landowner does not have an application with detailed plans submitted at this time, there is Page 18 of 29Page 52 of 361
Page 9 of 11
January 3, 2022
No. Comment Commenter Comment Submission Type Response
infrastructure? October 27, 2021 nothing available to evaluate.
59
Have you considered the lighting impact on adjoining
properties – ie High Street and Woodland Blvd backyards?
Ron Giberson
E-mail Comment Submission
October 27, 2021
Lighting design will follow as part of the detailed engineering design process. The developer will be
required to prepare a photometric plan demonstrating how lighting will be provided and how impacts
on adjacent properties will be mitigated.
60
Is the applicant aware that Bell Canada has a right of way on
the east property line?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The applicant’s lawyer has reviewed the title and notes that there is no Bell Easement on title.
Bell Canada submitted comments on these applications on November 24, 2021. There was no mention
of any easements in those comments.
61
Is the applicant aware that there is a 10 foot right of way on
south side of the property line running full length?
Ron Giberson
E-mail Comment Submission
October 27, 2021
To the owner’s knowledge, there is no right-of-way on the property.
62 Has the applicant considered single Family Homes? Ron Giberson
E-mail Comment Submission
October 27, 2021
The applicant chose to pursue townhomes on the subject lands.
63
Is the applicant aware that this is one of the most desirable
development areas in Niagara Falls?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The owner acknowledges that the subject lands are strategically located in terms of proximity to
highways, transit and commercial land uses.
64
Has this proposal been reviewed and approved by Regional
Niagara?
Ron Giberson
E-mail Comment Submission
October 27, 2021
Regional comments were provided on these applications on October 7, 2021 citing no objections with
typical conditions of approval requested.
65
Has this proposal been reviewed and approved by the city of
Niagara Falls Engineering Department?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The engineering department has provided preliminary comments on the applications. Detailed
engineering comments will be provided through the clearance of conditions process when detailed
engineering plans are prepared and submitted for review.
66
Has this proposal been reviewed and approved by the City of
Niagara Falls fire Department?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The Niagara Falls Fire Department issued comment on the application on September 28, 2021 citing no
objections.
67
Has this proposal been reviewed and approved by Niagara’s
emergency Response Teams?
Ron Giberson
E-mail Comment Submission
October 27, 2021
It is unclear who Niagara’s emergency response teams are – we assume Police, fire and EMS.
Generally, if a site design can support fire truck maneuvers, ambulances or police vehicles can also
access the site without issue.
68
Is the applicant aware of the rezoning history in this neighbour
hood?
Ron Giberson
E-mail Comment Submission
October 27, 2021
The owner is unaware of any recent planning applications on adjacent lands.
69
This development appears to be not in keeping with
Centennial Home’s ”Luxury” Home development that is
promoted on their website.
Ron Giberson
E-mail Comment Submission
October 27, 2021
The proposed dwellings have only been preliminarily designed at this point. They exhibit external
quality architectural design and character.
The term “luxury” is subjective. It is unclear what the commenter is trying to say.
70
The proposal is not in the spirit of the Planning Act.
a) It is not in keeping with the neighbourhood – high
density vs single family on oversized lots
b) Using the surrounding neighbour hood as justification
for enjoyment for the condo Owners infringes on
Ron Giberson
E-mail Comment Submission
October 27, 2021
The proposed development includes Townhouse dwellings. These dwelling forms, like single detached
dwellings, are permitted in the Residential designation and are an appropriate and compatible building
form.
The proposed condominium development provides a blend of private and common space for future
residents. The design efficiently uses lands, evenly spaces parking and creates a back to back Page 19 of 29Page 53 of 361
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January 3, 2022
No. Comment Commenter Comment Submission Type Response
surrounding property owners right of privacy and
enjoyment
c) Architecture of the development is like an “Army
Barracks” and detracts from surrounding properties
d) Variances (several) comprise privacy to surrounding
land owners
configuration with adjacent development, which is characteristic of the existing condition in the area.
There is no set architectural type in the neighbourhood, as several properties appear to have been
renovated or redeveloped over time. The preliminary architectural scheme is considered to exhibit
visually appealing characteristics and is not anticipated to detract anything tangible, or perceived from
existing homes.
The requested site specific zoning provisions are minor in nature and will be undiscernible from
adjacent properties. The site will be fenced to ensure privacy is maintained between the propsoed
developmental and exiting, adjacent properties.
71
The density results in limited parking (1.4 vehicles per unit).
Where do 2 car family park? Roadways? This will be a safety
concern.
Ron Giberson
E-mail Comment Submission
October 27, 2021
Each dwelling unit is provided with two functional parking spaces (garage and driveway). In addition,
38 visitor parking spaces are provided in the common element.
Parking would not be permitted along the private roadway as it is the Fire Route.
72
During the open house a number of residents had questions on
a number of important topics of conversation. The first and
foremost being the increased traffic.
The applicant is proposing the addition of (2) additional
driveways on the east side of Dorchester. When residents
asked about the road widening as shown on the site plan - we
were informed that the actual widening of Dorchester road
was not being proposed by the city as part of the application,
and that the developer would just be setting aside some
property but could be done by the city in the future.
I would think the road allowance would already be there to
accommodate 4 lanes of traffic. In present day this corridor
already presents backlog for through traffic and presents a
danger to motorists and pedestrians trying to cross the street.
Diane Konkin at 5717 dorchester road has a house is right in
front of the proposed development and mentioned that she
risks her life every time she tries to cross the street walking her
dogs. She also noted about the traffic backlog on Dorchester
and how she has to wait several minutes to even get out of her
driveway.
Milan Milicevic at 5633 Dorchester described already having to
wait up to 10 minutes to be able to make a turn onto
Dorchester leaving Leeming St. During the open house we
asked about a traffic study as part of the developers
proposal. The residents were informed that it was not
required but one was done a few years ago using modelling
not real traffic counts being done at peak hours during the day
or on the weekend. I can't even imagine introducing another
Ryan Schertzing
E-mail Comment Submission
November 8, 2021
Comments are a recap of the Open House and previous submission. These matters were addressed
through the public open house meeting. Page 20 of 29Page 54 of 361
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January 3, 2022
No. Comment Commenter Comment Submission Type Response
2 driveways which will add to the already congested 2 lane
road north of high street. Imagine people trying to make left
turns onto Dorchester out of these new driveways? Turning
onto Dorchester from High Street is already difficult if not
impossible at times during the day.
We believe the current challenges of traffic on Dorchester
need to be acknowledged as it is already cause for
concern. Any consideration for rezoning this land with this R4
density within this city block should accommodate a road
widening. Ideally for traffic heading north between High St to
Frederica a road widening should be included as part of the
development proposal.
73
Aside from the traffic concerns, the development as being
proposed has no access to city storm sewer infrastructure and
will also lead to the harmful alteration and destruction of
nearly 200 mature trees.
Ryan Schertzing
E-mail Comment Submission
November 8, 2021
Comments are a recap of the Open House and previous submission. These matters were addressed
through public open house meeting.
Page 21 of 29Page 55 of 361
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DORCHESTER ROADROAD WIDENINGROAD WIDENINGROAD WIDENINGLEEMING
STREET
1.8m HIGH WOOD
PRIVACY FENCE
1.8m HIGH WOOD
PRIVACY FENCE
1.8m HIGH WOOD
PRIVACY FENCE
1.22m
N 2°41'0" W
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X X
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W:\Projects\2020\220532 5646, 5678, 5708 Dorchester Road, Niagara Falls\Drawings\2021-08-09_DorchesterRd-TIPP_220532.dwg(TP-1*ASantos* 09 Aug 2021Tree for Preservation
Tree tag1678
Tree for Removal
Tree Crown
Tree Location
Minimum Tree Protection Zone
LEGEND
TREE INVENTORY AND
PRESERVATION PLAN
TP-1
5646, 5678, 5708
DORCHESTER ROAD
NIAGARA FALLS
FIGURE Nº:
PROJECT
SHEET TITLE
Study Area
Tree Preservation FencingX
SCHEDULE 6
Page 24 of 29Page 58 of 361
APPENDIX A
Conditions of Draft Plan of Condominium Approval
1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper
Canada Consultants, dated July 27, 2021, showing 67 units of vacant land for dwelling
units as well as a common private road, amenity and parking areas.
2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and
information, including, but not limited to site elevation and landscaping drawings, to confirm
zoning compliance.
3. The developer provide five copies of the pre-registration plan to Planning, Building &
Development and a letter stating how all the conditions imposed have been or are to be
fulfilled.
4. The developer enter into a Vacant Land Condominium Agreement with the City, to be
registered on title, to satisfy all requirements, financial and otherwise, related to the
development of the land. Note: Should any other body wish to have its conditions included
in the Vacant Land Condominium Agreement, they may be required to become party to the
Vacant Land Condominium Agreement for the purpose of enforcing such conditions.
5. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor
prior to the preparation of the Vacant Land Condominium Agreement.
6. The developer provide a landscape plan, prepared and stamped by a Landscape Architect
(OALA). Any changes will be part of this review. Trees at the periphery of the site should be
preserved if feasible and where they are in good condition, to the satisfaction of Parks
Design. New trees are recommended to be of a higher caliber and tree spaded where
possible and were existing trees are being removed and where these is sufficient room to
plant.
7. The developer implement the recommendations of the tree savings plan (prepared by
Beacon Environmental) in regards to trees be retained and protected within the Tree
Protection zone. Removal of trees is to be supervised by an arborist.
8. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a
qualified appraiser.
9. That the applicant dedicate a 2.94 metre road widening along the Dorchester Road
frontage of the subject lands to the City of Niagara Falls, to the satisfaction of the Municipal
Works Department.
10. That the centre lines of the northern driveway and Leeming Street align directly with one
another, or that the proposed site layout be subject to the northern driveway being
restricted to a right-in, right-out access through the construction of a mountable median at
the entrance, combined with regulatory No Left Turn signage and corresponding municipal
by-law.
11. The developer enter into a cost sharing agreement with the City to provide a storm sewer
extension to service the lands. The proposed sewer system servicing shall be designed
and constructed in accordance with MECP Guidelines and City Standards.
12. The developer will required to submit a detailed Stormwater Management Report balancing
Post to Pre for a 5 year storm event and controlled on site to a suitable outlet. The
Page 25 of 29
Page 59 of 361
2
developer to submit a Site Plan, Site Servicing Plan, Sanitary Drainage Area Plan, Storm
Drainage Area Plan, Grading Plan, Photometric Plan, Landscape Plan and a Registered
Plan – Survey, for review and approval.
13. The developer shall submit a local infrastructure modelling along with an amended
Functional Servicing Report to include the required sewer separation along Dorchester
Road.
14. The developer pay the applicable Development Charges in place and prior to the release of
the Building Permits for the proposed 67 dwelling units in accordance with the By-law No.
2017-87, as amended.
15. The developer pay to the City the required fees for the administration as per the above.
16. The developer provide the necessary servicing drawings to Fire Services, to confirm
compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including
the location of the fire hydrants. Fire hydrants to be identified will be considered private
hydrants and as such will be subject to the testing and maintenance requirements of the
Ontario Fire Code. Landscaping including plantings shall not obstruct the fire access route.
17. The developer submit a request to the Fire Department to designate through municipal by-
law, a fire access route on the property. The fire access route shall comply with the
requirements of the Ontario Building Code and the necessary “No Parking” signs shall be
provided and installed at the developer’s expense. No parking will be permitted on any
portion of the fire access route.
18. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary
by Bell Canada to service this new development. The Owner further agrees and
acknowledges to convey such easements at no cost to Bell Canada.
19. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a
current and valid easement exists within the subject area, the Owner shall be responsible
for the relocation of any such facilities or easements at their own cost.
20. The Owner is to contact Bell Canada at planninganddevelopment@bell.ca during the
detailed utility design stage to confirm the provision of communication/telecommunication
infrastructure needed to service the development.
Note:
It is the responsibility of the Owner to provide entrance/service ducts from Bell Canada’s
existing network infrastructure to service this development. In the event that no such
network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be
required to pay for the extension of such network infrastructure. If the Owner elects not to
pay for the above noted connection, Bell Canada may decide not to provide service to this
development.
21. The applicant shall contact Enbridge Gas to determine gas availability, service and meter
installation details and to ensure all gas piping is installed prior to the commencement of
site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches)
and/or asphalt paving.
Page 26 of 29
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3
22. If the gas main needs to be relocated as a result of changes in the alignment or grade of
the future road allowances or for temporary gas pipe installations pertaining to phased
construction, all costs are the responsibility of the applicant.
23. In the event that easement(s) are required to service this development, and any future
adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at
no cost.
24. The owner shall complete to the satisfaction of Canada Post:
a) Include on all offers of purchase and sale, a statement that advises the prospective
purchaser:
i) that the home/business mail delivery will be from a designated Centralized
Mail Box.
ii) that the developers/owners be responsible for officially notifying the
purchasers of the exact Centralized Mail Box locations prior to the closing
of any home sales.
b) The owner further agrees to:
i) work with Canada Post to determine and provide temporary suitable
Centralized Mail Box locations which may be utilized by Canada Post until
the curbs, boulevards and sidewalks are in place in the remainder of the
subdivision.
ii) install a concrete pad in accordance with the requirements of and in
locations to be approved by Canada Post to facilitate the placement of
Community Mail Boxes.
iii) identify the pads above on the engineering servicing drawings. Said pads
are to be poured at the time of the sidewalk and/or curb installation within
each phase of the plan of subdivision.
iv) determine the location of all centralized mail receiving facilities in co-
operation with Canada Post and to indicate the location of the centralized
mail facilities on appropriate maps, information boards and plans. Maps are
also to be prominently displayed in the sales office(s) showing specific
Centralized Mail Facility locations.
25. That the owner provides a written acknowledgement to Niagara Region Planning and
Development Services Department stating that draft approval of this condominium does not
include a commitment of servicing allocation by Niagara Region as servicing allocation will
not be assigned until the plan is registered and that any pre-servicing will be at the sole risk
and responsibility of the owner.
26. That the owner submit a written undertaking to Niagara Region Planning and Development
Services Department that all offers and agreements of Purchase and Sale, which may be
negotiated prior to registration of this condominium, shall contain a clause indicating that a
servicing allocation for this development will not be assigned until the plan is registered,
and a similar clause be inserted in the condominium agreement.
Page 27 of 29
Page 61 of 361
4
27. That prior to approval of the final plan or any on-site grading, the owner submit a
stormwater management brief for the vacant land of condominium, and the following plans
designed and sealed by a qualified professional engineer in accordance with the Ministry of
the Environment, Conservation and Parks documents entitled Stormwater Management
Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New
Development, May 1991, or their successors to Niagara Region Planning and Development
Services for review and approval:
a. Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be accommodated
across the site;
b. Detailed erosion and sedimentation control plans;
28. That the Condominium Agreement between the owner and the City contain provisions
whereby the owner agrees to implement the approved plans required in accordance with
the above-noted condition.
29. That, in order to accommodate Regional waste collection services, the applicant is required
to submit Regional waste collection truck turning templates for review and approval.
30. That the owner/developer shall comply with Niagara Region’s Corporate Policy for Waste
Collection and complete the Application for Commencement of Collection and Indemnity
Agreement.
31. That the following clause be included in the Condominium Agreement and inserted into all
offers and agreements of Purchase and Sale or Lease for each of the affected dwelling
units:
“Purchasers/Tenants of townhouse units 55-57 and 65-67 are advised that in order to
accommodate Regional Waste Collection Services, waste and recycling containers will
need to be brought to designated waste collection pads on the
required collection day.”
Notes:
•Prior to granting final plan approval, the City must be in receipt of written confirmation that
the requirements of each condition have been met and all fees have been paid to the
satisfaction of the Niagara Region.
•Prior to final approval for registration, a copy of the draft condominium agreement for the
proposed development should be submitted to the Niagara Region for verification that the
appropriate clause pertaining to these conditions have been included. A copy of the
executed agreement shall also be provided prior to registration.
•In order to request clearance of the above-noted Regional conditions, a letter outlining how
the conditions have been satisfied, together with all studies and reports (one hard copy and
a PDF digital copy), the applicable review fee, and the draft subdivision agreement shall be
submitted to the Niagara Region by the applicant as one complete package, or circulated to
the Niagara Region by the City of Niagara Falls.
Page 28 of 29
Page 62 of 361
5
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requires written
notice from applicable City Divisions and the following agencies indicating that their respective
conditions have been satisfied:
- Planning Division for Conditions 1-3 (inclusive)
- Legal Services for Condition 4 & 5
- Parks Design for Conditions 6-8 (inclusive)
- City’s Transportation Services for Condition 9 & 10
- Municipal Works Department for Conditions 11-15 (inclusive)
- Fire Services for Conditions 16 and 17
- Bell Canada for Condition 18-20 (inclusive)
- Enbridge Gas for Condition 21-23 (inclusive)
- Canada Post for Conditions 24 (inclusive)
- Region of Niagara for Conditions 25-31 (inclusive)
Page 29 of 29
Page 63 of 361
/.l.<tw;
_%,{:,i":i3AlexHerlovitch3
From:PETERMCBURNEY-
‘
Sent:Thursday,October 28,2021 12:49 AM
To:Alex Herlovitch
Subject:Rezvacant Land Condominium Application —City File:26CD—1i—2021—003
October 28,2021
Re:Notice of revised application and remote electronic open house
To whom it may concern,
We received the notice for the Remote Open House to accept comments from the members of the community.
While I am in support of creating affordable housing in Niagara Falls,there are three comments/questions that I
have after reviewing the information which was presented,and after viewing the properties in the proposed
area.
1.What is the City's plan regarding the tree canopy?Will the proposed development attempt to protect the
existing trees?Will the area be re-treed after development?In the neighbourhood,we have already had several
mature trees removed for developmentsthat have not yet happened,most notably the property adjacent to the
Niagara Worship Centre which was cleared of the existing fruit trees and currently sits as a vacant ?eld,and the
property near the intersection of Highland Ave and Maitland.With the loss of the Ash trees to the Emerald Ash
Borer,and many Silver Maples being removed,the City of Niagara Falls has already suffered a signi?cant blow
to the tree canopy.To deem this area a "Vacant Land"does not recognize the diverse plant life,most notably
the wide variety of mature trees,which supports a wide range of birds and small mammals,as well as mitigates
the climate and provides much beauty.There are many vacant properties in the city which may be better suited
for a development.The property in question has beautiful dwellings on it already.and I'm not sure "vacant"is
an appropriatedescription.
2.What is the plan for the added strain on the infrastructure?The area on High Street,next to the Salvation
Army Church,is prone to ?ooding during heavy rainfalls.The neighbourhood's sewer pipes are routinely
?ushed by the city.Will the current infrastructure be able to support these additional demands?
3.Traf?c on Dorchester Road is already quite busy at times.As the proposed construction will require all
residents to enter from and exit onto Dorchester Road,this may create additional safety concerns,both for
vehicular traffic and cyclists/pedestrians.Hopefully this will also be addressed.
Thank you for the opportunity to voice my concerns.I look forward to the opportunity to participate in the
formal Public Meeting which will be held at a later date.
Robin McBumeyPage 64 of 361
Sent from Mail for Windows
I would like the following questions presented at the October 28,2021 Public Meeting and answered in
writing:
1.Who is the registered owner of Assessment Roll Nos 2725-060-014—02500,275~060—014~O26OO
and 275-060-O14—02700?
2.What is Centennial Homes roll in this development?
3.Has consideration been given to the impact of the 3 vacant lots (5630 ,5619 Dorchester and
532 Frederica)(Owned by Pinewood Homes)abutting the applicable property for zoning,storm
sewers,sanitary sewer,traffic impacting,fire routes,green space,neighbour hood
compatibility?This acreage is much larger than the applicants proposal and will most definitely
over tax existing services ie sewers,road traffic,population.
4.What is the projected selling price of a dwelling?
5.What is the ”green space”requirement for this acreage?I see none on the plan!Were do kids
play?
6.Is the applicant aware of the current flooding issues on Dorchester Road with most rain events?
7.What coefficient of runoff and storm intensity was used in the storm water study?
8.Has the proposal been reviewed by Ontario Hydro for storm discharge to the Sir Adam Beck
Canal?If ’’yes’’i would request a copy of their review letter.
9.What is the sanitary sewer load contribution?
10.Have there been any sanitary sewer changes on Dorchester Road to increase capacity?
11.Has there been consideration given to the combined impact of both Centennial and Pinewood’s
(future)developments on the infrastructure?
12.Have you considered the lighting impact on adjoining properties —ie High Street and Woodland
Blvd backyards?
13.Is the applicant aware that BellCanada has a right of way on the east property line?
14.Is the applicant aware that there is a 10 foot right of way on south side ofthe property line
running full length?
15.Has the applicant considered single Family Homes?
16.is the applicant aware that this is one of the most desirable development areas in Niagara Falls?
17.Has this proposal been reviewed and approved by Regional Niagara?
18.Has this proposal been reviewed and approved by the city of Niagara Falls Engineering
Department?
19.Has this proposal been reviewed and approved by the City of Niagara Falls fire Department?
20.Has this proposal been reviewed and approved by Niagara's emergency Response Teams?
21.is the applicant aware of the rezoning history in this neighbour hood?
22.This development appears to be not in keeping with Centennial Home's ”Luxury”Home
development that is promoted on their website.
Comments:
1.The proposal is not in the sprite of the Planning Act.
—lotsUsing the surrounding neighbour hood as justification for enjoyment for the condoOwnersinfringesonsurroundingpropertyownersrightofprivacyandenjoymentArchectitureofthedevelopmentislikean”Army Barracks”and detracts fromsurroundingpropertiesVariances(several)comprise privacy to surrounding land ownersPage 65 of 361
2.The density results in limited parking (1.4 vehicles per unit).Where do 2 car family park?
Roadways?This will be a safety concern.
3.It's disappointing that the Developer did not consult with the Neighbours before tabling an
incompatible proposal.
Recommendation:
1.Maintain existing R1 Single Family Home Zoning.You have the location,the trees,the
neighbourhood,accessibility to shopping,schools,QEW.
2.Engage Pinewood homes to develop a Master Plan for both properties —I have many years
experience in development and construction and would volunteer my services as the
neighbourhood representative to see this done right!
I have lived in this neighbourhood since 1977 ——it's very desirable;compatible luxury single homes would
be a welcomed project.Pls consider my comments —they are echoed by everyone in the
neighbourhood.
Ron Giberson
Page 66 of 361
Hello fellow Council Members,Erik and Alex
Sue has given permission that I share this email with you regarding the trees that will be out
down in her neighbourhood.
Lori
Loii Lococo
Niagara Falls City Councillor
————————Original message --------
From:Sue Martin <
Date:2021-11-01 7:28 p.m.(GMT—05:O0)
To:Lori Lococo <llococo nia a1'afalls.ca>
Subject:[EXTERNAL]~Villageon Dorchester condo development
Greetings Lori,
I’m writing to first thank you for bringing the issue of the importance of
trees and their preservation to Niagara Falls city council.Recently this
issue has hit home for my husband Wayne and I who live at
.As you may be aware there is a proposed condo
development slated for property on Dorchester Rd between Lundy’s
Lane and Frederica.This gorgeous,parkland-like property backs directly
onto Woodland Blvd and our property is at the southeast corner of it.
There has been an application from the builder to revise the zoning so
that 67 townhomes can be built.It is my understanding that this will be
before city council on Dec 7th.The fact that this section of Dorchester
to support 67 more households,is likely a subj ect for someone withmoreknowledgeonthesubject.I can say that turning left from High toDorchesterisalreadyanexerciseinpatienceandcrossingDorchesteratHighonfootcanbedownrightdangerousattimes.My reason for thisPage 67 of 361
email is the arborist’s report on the property and the fact that with the
exception of one lonely tree,all the nearly 200 trees are to be removed.
All the other trees slated for “preservation”are actually bordering the
property or are on the properties behind.I believe it states that 177 are
slated for removal and in another spot it says 1231but if you look at the
charts there is actually only a single tree on the subject property that
does not have “removal”beside it.
It’s hard to comprehend,in this day and age of climate change,that a
developer can purchase a property and total decimate it.The adjoining
property to the north has already been totally levelled.My neighbours to
the north on Woodland now have to deal with the noise,atmospheric dirt
and pollution that the trees previously protected them from.I understand
that all the trees can’t remain but there are many huge trees on the
periphery that could be saved if they were not trying to cram 67
townhouses into a space that should probably have half that.These huge
trees could easily be here for another 100+years,removing pollution,
dampening sound,providing food and shelter to wildlife,cooling the air
in summer and just adding the intangible benefits that only large trees
can provide.It’s such a helpless feeling and heartbreaking to even think
about their removal.My only hope at this point is that their request for a
zoning change will be denied and at least a portion of the beautiful trees
will be allowed to live as they revise their plans to a more realistic
number of units or single family detached homes.Although your efforts
to bring attention to the value of trees in Niagara Falls may not save the
glorious trees behind our property,at least it brings attention to the issue
that in reality is very urgent.Every time large trees are destroyed our
carbon footprint as humans becomes larger.You cannot just replace a
giant tree with a sapling and say,there,we replaced that one.I see this
could be saved if there were monetary incentives for the builders.Just athoughtthatoccurredtomeasItryto?nd a way to make the trees moreimportanttomorepeople.Thank you again,for your efforts so far.FeelPage 68 of 361
free to Contact me if you’d like to discuss this situation or would like to
come by and see the trees in person.
Best Regards,
Sue Martin
Page 69 of 361
Hello Andrew,
Additional information.
Thank You
Nick DeBenedetti,MCIP,RPP[Planner IllPlanning,Building &Development |City of Niagara
Falls
4310 Queen Street I Niagara Falls,ON L2E 6X5 |(905)356-7521 Ext.4233 l Fax 905-356-
2354 |ndebenedetti@niagarafal|s.ca
From:Ryan Schertzing V
Sent:Wednesday,November 10,2021 6:02 PM
To:Nick DeBenedetti <ndebenedetti@niagarafalls.ca>
Cc:Jason Burgess <'|burgess@niagarafal|s.ca>;Sue Martin <;
Lori Lococo <llococo@niagarafa|ls.ca>;AndrewBryce
<abl‘VCe€73ni2n2r2f2ll_<n2>-Alex Herlovitch <aher|ovitch@niagarafal|s.ca>;Craig Rohe
Subject:Re:[EXTfERNAl:]—CondoDevelopmentVillage on Dorchester between High Street and
Frederica Street.
Hello Nick
I'm aware of the process and thank you for your non-response on my previous email and
request to meet with city official to hear continued concerns from residents.
l would like to share the following article with you to provide some context on how similar type
developments can impact a neighborhood.This article is oddly familiar to the subject
development being proposed.As you can see as per the concerns from nearby residents they
have asked for additional traffic studies and functional servicing studies to determine whether
this type of density can be supported in an already established neighbourhood.Allthe residents
are asking for is the city of niagara falls to examine this development more closely and if
possible request that further studies are undertaken to ensure all impacts are being
considered.The residents available at your convenience to discuss further.
Thank you
Ryan
_ht_t_ps://www.stcatharinesstandard.ca/local-fort-erie/news/2021/11/07/this-is-absurd—stacked—
townhome—proposa|-raises—ire-of-crysta|—beach—
residents.html?fbclid=|wAR1YwsfvhrKUy7l6rE91pyekvxB54f4gMGypyATRh—
BhPbEmu9iFFArBWrg
Fkrom:iSent:Tuesday,November 9,2021,8:00 a.m.To:Ryan SchertzingCc:Jason Burmese‘Sue Martin:"Lori Lococo;Andrew Bryce;CraigRohe<,Alex HerlovitchPage 70 of 361
Subject:RE:[EXTERNAL]-Condo Development Village on Dorchester between High Street
and Frederica Street.
Hello Ryan,
The December 7 council meeting was only tentative.The Council meeting may change to the
January 2022,Council meeting.The public meeting and recommendations of the report for
council decision occurs at the same meeting.
Thank You
Nick DeBenedetti,MCIP,RPPIPlanner l||Planning,Building &Development ]City of Niagara
Falls
4310 Queen Street I Niagara Falls,ON L2E 6X5 l (905)356-7521 Ext.4233 1 Fax 905~356~
2354 |ndebenedetti@niagarafallsca
From:Ryan Schertzing -__
Sent:Monday,November 8,2021 11:23 PM
To:Alex Herlovitch <aherlovitch@niagarafa|ls.ca>;Nick DeBenedetti
<ndebenedetti@niagarafalls.ca>
Cc:Jason Burgess <iburgess@niagarafalls.ca>;Sue Martin <
_
_;Lori Lococo <l|ococo nia arafalls.ca>
Subject:Re:[EXTERNAL]-Condo Development Village on Dorchester between High Street and
Frederica Street.
I
Hello Alex,
Reference is made to my previous letter provided on October 27th which outlined the residents
concerns with the rezoning application.Reference is also made to the open house of the
subject development on Thursday,October 28th for nearby residents to hear the proposal and
ask questions.During the open house a number of residents had questions on a number of
important topics of conversation.The first and foremost being the increased traffic.The
applicant is proposing the addition of (2)additional driveways on the east side of
Dorchester.When residents asked about the road widening as shown on the site plan —we
were informed that the actual widening of Dorchester road was not being proposed by the city
as part of the application,and that the developer would just be setting aside some property but
could be done by the city in the future.I would think the road allowance would already be
there to accommodate 4 lanes of traffic.in present day this corridor already presents backlog for
through traffic and presnnfe c.r~|anr1nr tn motorists and pedestrians trying to cross the
street.Diane Konkin «..._has a house is right in front of the proposed
development and mentioned that she risks her life every time she tries to cross the street
walking her dogs.She also noted about the traffic backlog on Dorchester and how she has to
wait several minutes to even get out of her driveway.Milan Milicevica
developers proposal.The residents were informed that it was not required but one was done afewyearsagousingmodellingnotrealtrafficcountsbeingdoneatpeakhoursduringthedayorontheweekend.I can't even imagine introducing another 2 driveways which willadd to thealreadycongested2laneroadnorthofhighstreet.Imagine people trying to make left turnsontoDorchesteroutofthesenewdriveways?Turning onto Dorchester from High Street isalreadydifficultifnotimpossibleattimesduringtheday.Page 71 of 361
We believe the current challenges of traffic on Dorchester need to be acknowledged as it is
already cause for concern.Any consideration for rezoning this land with this R4 density within
this city block should accommodate a road widening.Ideally for traffic heading north between
High St to Frederica a road widening should be included as part of the development
proposal.Over the past week i took a few photos (attached)which represent real traffic
conditions in front of the development that is being proposed.
Aside from the traffic concerns,the development as being proposed has no access to city storm
sewer infrastructure and will also lead to the harmful alteration and destruction of nearly
200 mature trees.
While we are appreciative of the current and unprecedented challenges of COVlD—‘l9the open
house did not allow enough dialogue from the nearby residents in the virtual session,
unfortunately alot of the residents were unable to connect or are elderly and cannot use this
type technology.
As you know local planning decisions will determine the future of communities.Current zoning
for this land does not permit this type of development.This is a major planning decision which
could have detrimental effects to the neighbourhood that not should be taken lightly.While we
as residents are appreciative of the city's neutral position in reviewing planning applications,we
also understand the developers interest in having the citys recommendation.As you know city
councils decision ultimately willweigh heavily on what the city planners recommendation report
suggests.
The residents would like to propose a site meeting with city officials in the coming weeks before
the formal staff recommendation is prepared and brought before city council on Dec 7th.Please
let me know when you or your staff would be made available to discuss.
Thanks in advance,
Ryan Schertzing
.
Sent:October 25,2021 9:18 AM
To:Ryan Schertzing <;Nick DeBenedetti
<ndebenedetti@niagarafa|ls.ca>
Subject:RE:[EXTERNAL]~CondoDevelopment Village on Dorchester between High Street
and Frederica Street.
you are sent a link to the zoom meeting.SincerelyAlexAlexHerlovitch,MCIP,OPPI l Director of Planning,Building &Development |City of NiagaraFallsPage 72 of 361
4310 Queen Street [Niagara Falls,ON L2E 6X5 |(905)356-7521 ext 4231 1 Fax 905-356-
2354 |aherlovitch@niagarafalls.ca
From:Ryan Schertzing
Sent:Wednesday,October 20,2021 12:11 PM
To:Alex Herlovitch <aherlovitch@niagarafal|s.ca>;Nick DeBenedetti
<ndebenedetti@niagarafal|s.ca>
Subject:[EXTERNAL]—CondoDevelopment Village on Dorchester between High Street and
Frederica Street.
Good Morning,
i received your correspondence in the mall regarding the Open House.i would appreciate the
opportunity to provide some comments during the open house about this proposed
development.
Living just down the road 2 ‘near the intersection of High Street i walk this in
front of this beautiful piece of land almost every day.I admire the few homes that occupy this
large plot of woodland.There is a rare abundance of mature trees in this centre of the city
which provide homes for a vast amount of wildlife and birds.It would really be a shame to allow
such dense development and destroy such a nice piece of landscape.i will be speaking to a
few of the other neighbours in the area to gather their opinions on the development as well.I
think the proposal as submitted does not take into account the ecological preservation of the
woodland.This is a very mature area which the surrounding parcels of land including my
residence have large lots with many mature trees.I believe that any consideration for new
development should be consistent with the size of lot and house in the neighbourhood that
surround it.These old neighbourhoods should be well preserved and development planned
carefully.This subject land can just as easily be subdivided into similar lot sizes with detached
bungalows or 2-storys houses keeping with the character of the neighbourhood and
preservation of the landscape.instead of cramming 67 townhouses,Ive attached an
alternative lot layout that would be more favorable and which would provide for 20 individual
single family homes consistent with the surrounding lots.Please take this into consideration
when reviewing any zoning amendments.
l look forward to the opportunity to discuss further.
Thank you
Ryan Schertzinq
CAUTION:This email originated from outside of the organization.Do not click links or open
attachments unless you recognize the sender and know the content is safe.Page 73 of 361
From:Dyna Teal <
Sent:Tuesday,October 26,202114:47 PM
To:Alex Herlovitch <aher|ovitch@niagarafaIls.ca>;NickDeBenedetti <ndebenedetti@niagarafal|s.ca>
Cc:Michal Pasco «-
Subject:[EXTERNAL]-5646,5678 &5708 Dorchester Road Open House
Greetings Alex &Nick,
We have been living 2 ---
‘for 15 years and recently became aware of the
proposed ‘Village on Dorchester’development.After reviewing the documents provided,we
have a number of concerns and they are outlined below as follows:
-Traffic &Parking:
0 A Transportation Impact Study was not provided with the application.Currently
traffic congestion on Dorchester Road is a major issue.It takes quite a bit of time
just to get out of our driveway,especially during the busy tourist season when
traffic is at its peak.This overly ambitious development will only add to the
traffic congestion,reaching intolerable levels.What innovative measures have
been contemplated to mitigate the traffic impact of the proposed townhome
development?
The southernly site access is right across the street from our driveway,how do
you expect residents to easily get in/out of their driveway?
There also appears to be a conflict between the northerly site access and the
Leeming Street/Dorchester Road intersection —the northerly site access be
restricted to right~in right-out movements only as vehicles coming in and out of
the site will routinely come into conflict with those mining from Leeming Street
onto Dorchester Road.
The proposal contemplates only 1 resident parking space/unit and 0.5 visitor
parking space/unit.We have concerns with over?ow parking into the surrounding
neighbourhood.There's no street parking available on the east side of Dorchester
Rd,making the limited parking available on the west side the only other option.
While the applicant is complying with the zoning by—law,the market is dictating
more than 1.0 space/unit is necessary.
-Over-densification:O The density and lot fabric of the proposed townhouse development is notcompatiblewiththeestablishedneighbourhoodwhichiscomprisedofmatureestatelots.A development composed of a limited number of single-detachedhomeswouldbemoresuitableforthearea.Another option is to increase the lotPage 74 of 361
size of the townhomes which would allow for a more compatible form of
development while still allowing for additional housing supply.
-R1B to R4 Zoning/Zoning Regulations
0 The current zone RlB is appropriate given the established neighbourhood is
comprised predominantly of single—detachedhomes but if the change in zoning is
required,the City should require the lot widths of each townhouse unit be of an
appropriate size with regulations in place to respect the lot pattern of the
surrounding neighbourhood.
-Architectural Design:
0 The contemporary style of architecture is not in keeping with the character of the
established neighbourhood.We suggest that the developer employ an architecture style
and building materiality to tie in the architecture of the surrounding community.
-Tree Removal:
0 We disagree with the proposed tree removals on site.This removal will have a
devastating impact on the beauty/landscape of Dorchester Rd and the species that
rely on those trees.We would like to see an independent Urban Forestry
company conduct a site visit to verify and validate the Arborist Report.
We’d appreciate our concerns being heard during the open house on Oct 28,2021 at 5pm.Please
let us know that you have received this correspondence and our concerns are clear on your end.
Respectfully,
Dyna Teal &Michal Pasco
Page 75 of 361
October 27,2021
Mr.Alex Herlovitch,MCIP,RPP
Director of Planning,Building and Development
City of Niagara Falls
Via email
Dear Mr.Herlovitch:
Re:5646,5678,5708 Dorchester Road,City of Niagara Falls -Proposed Village on Dorchester
Further Written Submissions from nearby residents
On Sunday Oct 24"‘we conducted a survey of local residents to get some feedback on the proposed
development.In total 29 residents were interviewed and their comments were provided on the
proposed rezoning of the property from its current R1Bto R4.The residents that were consulted were
directly impacted as their residence was either on Dorchester Road,or abutting the property on High St
Leeming St.or Woodland Blvd.
The majority of the residents interviewed weren't opposed to the development of the subject land but
were concerned the proposal deviates from the original (current)zoning which coincides with the city's
official bylaw.The majority of the residents felt that if the property was to be developed that it should
remain consistent of the surrounding neighborhood "detached”style of housing.
in addition the subject properties are mature and well treed with an open park landscape for which any
development considered should retain some of this much needed greenspace.
Below I will outline some additional comments provided from the residents,as well as my own
comments in reviewing the background material provided from the developer as part of their zoning
application.Page 76 of 361
Figure 1 ——Subject Land
Traffic Impact:
Dorchester road is a majority arterial road in the city of Niagara Falls which in this area provides access
to Hwy 20 (Lundy’s Lane)and the QEW @ highway 420.The road is already busy during peak periods
throughout the day and the residents already have to wait for several minutes until traffic is clear to get
out of their own driveways.‘
Dorchester Road is only a 2 lane road —The proposal put forward shows a partial road widening but also
indicates the addition of 2 private driveways which would be added as part of this development.This
will create more bottlenecking of traffic in the already congested corridor between High St.and
Frederica which could in turn create more accidents.
To our knowledge there is no traffic study that has been completed that demonstrates the development
won't have a negative impact.
Inadequate Existing Infrastructure:
—development.The existing waterman is old and during peak usage periods there is already a drop in supply pressure.Anewservicelinetothisdevelopmentwillhavetoprovidesupportadditionalwaterservicesandfireprotectiontoanadditional67households,potentially having a negative effect on the rest of theneighborhood.Page 77 of 361
The existing combined sewer is already nearing capacity,especially notable after heavy rainfall events.
The city of Niagara falls has already begun planning to complete future major capital sewer separation
projects on the majority ofthe city's sewer systems;because of their age they are nearing the end of
their service life.
Currently this lot is an established natural environment with very few houses occupying it.it provides
some much needed greenspace in the center of the city and is aids in flood control.Develop of this site
to R4 would leave minimal greenspace to absorb rainwater and all new storm water would need to be
piped.
There is [19 storm water infrastructure available for the new development.As a condition of new
development the report mentions a ”future”one to be provided to run down to Garden Street at a later
date,but also notes that 50%of the funding for this would have to be provided from the city.
Most developments would have to demonstrate that the new grading won't have any negative impact
to adjacent properties.Without knowing the proposed grading of the site at this time,there is no way
to adequately assess this.
Tree Protection Plan
Currently these lots provide existing greenspace in the area.Although this is a private property the
trees do provide homes for various types of wildlife including certain types of migratory birds.
As part of the planning application the applicant was asked to provide a tree preservation plan.The
proposal put forward is suggesting the removal of 177 out of 232 trees which are otherwise in healthy
condition.As a minimum the trees bordering the east side of the property should be maintained as they
provide a buffer for the residents on Woodland.These are trees that could easily be around for another
100+years removing pollution and offering the benefits of large mature native trees.
There is no mention of alternative lot layouts or site specific mitigation measures during construction
which would help to preserve this natural landscape.The only mention is to leave a few trees around
the perimeter outside the subject property that would not be affected by the construction
development.Alternatively if the development put forward suggested individual lots with single
detached dwellings there would at least be an opportunity to help preserve these mature trees.
In talking with some residents on High St and Woodland,they noted that the existing trees provide them
with many benefits currently including noise reduction from Hwy 420 and Dorchester road,and shelter
from the elements and shade.
Most municipalities have Tree Canopy Preservation Policies,with allowance for permitting on private
to preserve greenspace many including reduction ofcarbonemissionsinthenaturalenvironment.Residents noted there is only 1 available park in the area on Prince Edward and Leeming St.if this landwasconsideredforanytypeofR4redevelopment,the city should ask the developer to at least provide aparcelthatshouldberetainedasgreenspaceandcouldbeconsideredtobeanothercitypark.Page 78 of 361
AdiacentLand Use
The surrounding area is predominately comprised on one and two story single detached homes.Most
parcels have large lots with an abundance oftrees and landscaped areas.The majority of the residential
zoning in the area north of Lundy Lane to Hwy 420 is R18,R1E,and R2.The Consultants justification
report notes that the introduction of townhomes will add ”varietv”to the housing choices in the area.
They also note that townhomes can be more affordable than detached dwellings for better affordability
in the market.The majority of the residents felt that if the property was to be developed that it should
remain consistent of the surrounding neighborhood ”detached”style of housing.The development
should be planned with less density and an alternative lot configuration to avoid having negative impact
on existing infrastructure,traffic patterns and changing of the surrounding neighbourhood.
Please take note of all our above concerns before your staff prepares a recommendation report for
presentation before city council.On the attached page you will find signatures of the residents
opposing the planned development as proposed.
Yours sincerely,
Ryan Schertzing _..--_.-.
on behalf of the residents
Page 79 of 361
Page 80 of 361
From:Dyna Teal ...-_....
Sent:Thursday,October 28,2021 9:45 AM
To:Nick DeBenedetti <ndebenedetti@niagarafalls.ca>
Cc:Alex Herlovitch <aherlovitch@niagarafalls.ca>;Michal Pasco <;Craig
Rohe -
Subject:Re:[EXTERNAL]—5646,5678 &5708 Dorchester Road Open House
Hi Nick,
Thank you for providing us with the Traffic repoit for review.We'd like to add the
following comment to our notes that have already been submitted:
We'd like the city to hire an independent company to verify the existing traf?c study.Historical
TMC count was used,with estimations &no annual growth rate applied to the historical 2019
data.In addition there's no historical traffic count data available for the intersection of Leerning
St at Dorchester Rd,therefore traffic Volumes were estimated.We'd like the city to ensure all
data is current and accurate.It doesn't seem reasonable that estimations would be acceptable,
when traffic congestion is a current and real issue on Dorchester Road.
Thank you,
Dyna Teal &Michal Pasco
On Wed,Oct 27,2021 at 7:56 AM Nick DeBenedetti <ndebenedetti@niagarafalls.ca>wrote:
Hello,
The attachment is the traffic study.The study was not provided with the original submission.Please
have for your record.
Thank You
Nick DeBenedetti,MCIP,RPPIPlanner ll|Planning,Building&Development |City of Niagara FallsPage 81 of 361
Good afternoon,
I am writing in regards to the development “Village on Dorchester Road”.I’d like to express my
concerns:
a The traffic on Dorchester Road is already very congested as it is specially at the corner of
High St.and Dorchester Road which is very near where the proposed development would
be situated.My home is very close to this High St.intersection I know first hand how
congested this area is with traffic.In my short time living here I have witnessed at least a
couple of vehicular collision accidents and countless scenarios of "hard breaking”by
vehicles due to how unpredictable the traffic ?ow can be ~having public transport,school
buses and large trucks does not help with the situation.Adding 67 units (which accounts
for more than several blocks of single homes already in the neighborhood)is without a
doubt going to make the traffic ?ow even more challenging.The City should retain its
own traffic consultant to advise the City on the impacts this new development will have
to traffic (vehicular,pedestrian,bike,etc.).
-The dwellings should complement the homes already in the vicinity which are detached
single homes.If development were to approved,the number of units and the type of
dwellings should complement the neighborhood.
Thank you for your consideration.
Regards,
Henry J.Paulino Recio
Page 82 of 361
Niagara Falls ,ON
L2G 1N7
Dear Mayor and City Councillors,
Centential Homes (Fort Erie)have made application to rezone the Zappitelli Property on Dorchester
Road fron R to R4 to enable development of 67 condominiums.Judy and l,as well as our neighbours,
Rickand Julie Hamilton,Wayne and Sue Martin,Steven and Ruth Andres,and Shane and Cathy Sovar
object to these applications.
We attended the On Line Public meeting Oct 28,2021 where the Developer Representative outlined
their proposal and notice that rezoning and variances would be required for development.I and others
submitted written questions.None were answered —I specifically asked for a written response to my 22
questions —no repsonse to date.It appears to me and others this was just a formality —a box that
needed to be checked.
Everone on the call stated that they recognize urban development.The Zappitelli Property has great
potential if developed in keeping with the neighbourhood.Woodland subdivision,register 1943,is a mix
of R and R1,large lots,magnificent "historic"trees and urban wildlife.The Condo development will
destroy the property enjoyment and value.It creates numerous problem problems for the public.
At Tues meeting (Feb 8,2022)I will give a detail presentation outlining our concerns.They are as
follows:
1.The Planning Act says many things;however it recognizes that developents must be in
keeping with the neighbourhood.
2.Property drawing presented to us does not show existing right—ofway and easements
overbuilding on right~of-way,utility easements and variances.4.Dorchester Road combined sewer is at maximum capacity (Confirmed by the City andDeveloper).Solution is very costly ~Who pays?Page 83 of 361
5.Storm water management —Developer has a proposal —needs City investment and Hydro
approval.
6.Green space —Developer is offering cash to City.They have stated there is a great
surrounding neighbourhood for the Condo residents to enjoy.The City needs Green Space.
My neighbours and i need Green Space.A percentage of the property needs to be set aside
for Green Space for kids to play and adults to enjoy.
7.Trees —Arborist report provided states that 177 or 181 trees,depending on the page you
reference,are to be removed to facilitate construction.A number of trees are on the
property line and adjacent properties need to be removed.Do we need to give up
our trees?
8.Wildlife —rare grey squirrel population along with black squirels.Red Tail hawks nest
annually in the mature trees.No consideration given to this issue.
9.Traffic —The RV Anderson Report was done at the height of Covid.Does not look at the
impact to High Street nor Dorchester Road sourth of the Zapitelli property.Two entrances
to Dorchester Road from Condo Lane Ways ~major concern.
10.Street Lighting within the develoment:Layout shows laneways butting the Andres
property —it destroys the enjoment of their backyard.
11.Historic significance —these lands saw action during the War of 1812 —no provision for
archialogical assessment or preservation.
12.Lands to the north of Zapitelli‘s ~these are larger in area,trees stripped this year without
permit.Developer (unkown to us)is sitting on the sidelines watching this application.No
—ignored?13.Proposal is constructing bland architectual townhomes.Not appealing.We want a say intheirappearanceinstyleandfinish.Page 84 of 361
Many unanswered questions.Application is not acceptable as submitted.Candeloro (Centennial Homes)
stated he would consider the information presented on Oct 28,2021 —nothing has changed.It would up
to City Council to send this back and instruct the Developer and Planning Department to work with the
Neighbour Committee to develop to safe and non disruptive proposal in keeping with the
neighbourhood.
Sincerely,
Ron Giberson and our Neighbours
Page 85 of 361
Michael Stewart
From:Heather Ruzylo
Sent:Monday,February 7,2022 1:46 PM
To:Michael Stewart
Subject:FW:[EXTERNAL]—Applications26CD—11—2021—OO3and AM—2021—O18Centennial Homes
Dorchester Road Niagara Falls
And another.Could you redact and add?
From:Ruth Andres
Sent:Sunday,February 6,2022 9:28 PM
To:Jim Diodati <idiodati@niagarafal|s.ca>;Counci|Members <councilmembers@niagarafalls.ca>
Subject:[EXTERNAL]—Applications26CD—11—2021~OO3and AM—2021—018Centennial Homes Dorchester Road Niagara
Falls
Hello,
As resident.High Street we object to the density and incompatibility of the 67 condo develop on the
former Zappitelli properties and support the sentiments of the letter sent by Ronald Giberson on behalf of all
the neighbours.
Ruth and Stephen Andres
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 86 of 361
Michael Stewart
From:Heather Ruzylo
Sent:Monday,February 7,2022 1:47 PM
To:Michael Stewart
Subject:FW:Applications 26CD—l1—2021—OO3and AM—2021—O18Centennial Homes Dorchester
Road Niagara Falls
Attachments:Mayor_Feb 6.rtf
And another,don't need to print out attachment as this was just sent.
Just redact and include brief email below.
From:Catherine sova
_
Sent:Sunday,February 6,2022 9:21 PM
To:Jim Diodati <]diodati@niagarafa|ls.ca>;CouncilMembers <councilmembers@niagarafal|s.ca>
Cc:R HAMILTON <
s
_2 Ronald Giberson «-
;Ron Giberson <>;Judith Giberson
1
Subject:Re:Applications 26CD-11—zU21—UU3and AM-2621-018Centennial Homes Dorchester Road Niagara Falls
Hello
We strongly agree with these statements as Ron is representing our group.
Catherine And Shane Sovar
On Feb 6,2022,at 6:27 PM,Ronald Giberson
,_.>wrote:
Forwarding letter summarizing our objections to the above referenced applications.Page 87 of 361
F-2022-05
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
2019 Corporation of the City of Niagara Falls (Draft)
Consolidated Financial Statements
Recommendation(s)
That Council approve the 2019 Corporation of the City of Niagara Falls Draft Consolidated
Financial Statements.
Executive Summary
The City’s auditors, Crawford, Smith & Swallow, has completed the audit of the financial
statements for the year ending December 31, 2019. This report is the presentation of
those statements for Council’s review and endorsement. The statements are presented
in draft form so that Council can approve them. The statements will then be finalized and
published.
Background
The finance team continues its efforts to bring our audited financial statements up to the
current year. The finance team had incurred some setbacks that have caused delays. It
is anticipated that that we will become current in the next 12 months. The City of Niagara
Falls is required to have an annual audit conducted by a qualified accounting firm to meet
its obligations legislatively and for the banking covenants. The City has engaged
Crawford, Smith & Swallow Chartered Professional Accountants LLP to perform the audit
and they have issued an opinion on the financial statements. In addition to the statements,
the auditors have reviewed the City’s Financial Information Return (FIR) submission to
the Province of Ontario.
List of Attachments
F-2022-05 2019 Draft Audited Financial Statements
F-2022-05 2019 Independence Letter
F-2022-05 2019 Pre-Audit Letter
F-2022-05 2019 Draft Management Letter
F-2022-05 2019 Draft Post Audit Letter
Written by:
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Page 1 of 52
Page 88 of 361
Jason Burgess, CAO Approved
- 02 Feb
2022
Page 2 of 52
Page 89 of 361
Q SMlTH&'%SWALLOWMCRAWFORD
CORPORATION OF THE CIg{§%0F
NIAGARA FALLS,0N”[_,_A:{IO
‘Si
\gem “t
7 =->
December 2019
’
I‘if
Consolidated Financial ~Page 3 of 52Page 90 of 361
@ CRAWFORD
SMITH &
SWALLOW
CORPORATION OF THE CITY OF NIAGARA ‘S,ONTARIO
Consolidated Financial Statements
December 31,2019
Table of Contents
Page
Management Report 1
IndependentAuditors’Report 2-4
5
6
7
.ijzg “”
Consohdated StateménVfChangefgilnNetFinancial Assets 8
Notes to Consolidated Fm cia1§;fatements 9-30
Scheduleof Segmented RepE§:1;tg 31-32
W
Schedules of Tangible Capital Assets 33-34Page 4 of 52Page 91 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
MANAGEMENT REPORT
December 31,2019
ctoriaccountings iidardsestablishedby thebeenpreparedinaccordancewithCanadianpubli
A,PrgfessionalAccountants of Canada,asPublicSectorAccountingBoardoftheCharf
The preparation of consolidated?nancial sta
on management's judgement,particularly wh
C
_stem 0 rlrnter.1 controls designed to provide reasonable
assurance that assets are saf 'guarded,jti‘ansact§iopsareproperly authorized and recorded in
compliance with legislative <éi
\
egulzitoryreq_‘,ements and reliable ?nancial information is
available on a timely basis for prep {tin ‘f theiconsolidated?nancial statements.These systems
are monitored and evalua by management.*”
statements and dis
approval of the cons
1!
The consolidated fmanci aterrféntshave been audited by Crawford Smith &Swallow Chartered
Professional Accountants ljindependentexternal auditors appointed by the Municipality.The
accompanying Independent ;:Auditors'Report outlines their responsibilities,the scope of their
examinationand their opinionon the Municipality'sconsolidated?nancial statements.
Jim Diodati Jason BurgessMayor
‘
Chief AdministrativeOfficerFebruaryxx,2022 February xx,2022Page 5 of 52Page 92 of 361
@JCRAWFORD
SMITH &
SWALLOW
Chartered Protesslonal Accountants LLP
4741Queen Street
Niagara Falls,Ontario L2E2M2
r 905 356 4200
F 905 356 3410
INDEPENDENT AUDlTORS'REPORT
To the Members of Council,Inhabitants and Ratepayerso
the Corporation of the City of Niagara Falls,Onta '6'
Opinion
We have audited the accompanyingconsolidated?na
of Niagara Falls,Ontario,which comprise onsohdatedstatement of financial position as at
December 31,2019,and the consolidated
A
ements operations and accumulated surplus,
change in net ?nancial assets and cash ?ows £631;tlr ar thehended,and notes to the consolidated
?nancial statements,including a summary of signi?c‘accounting policies.
tatements of the Corporation of the City
respects,the consolidatedfman,'
as at December 31,2019,and",\I,
assets for the year then ended in accordance
rporation of the City of Niagara Falls,Ontario
ations,cash ?ows and change in net financial
Basis for Opinion
We conducted our a
)
responsibilitiesund_ose standajglsare/‘furtherdescribed in the Auditors’Responsibilitiesfor the
Audit of the Consio ted FiiiaitcnllStatements section of our report.We are independent of the
Municipality in accordancewith {Elieethical requirements that are relevant to our audit of the
?nancial statements in Ci:da,andwe have ful?lled our other ethical responsibilitiesin accordance
with these requirements.W5believethat the audit evidence we have obtained is suf?cient and
appropriate to provide a basié,or our opinion.
Responsibilities of Management and Those Charged with Governance for the Consolidated
Financial Statements
control as management determines is necessary to enable the preparation of financial statementsthatarefreefrommaterialmisstatement,whether due to ?'aud or error.Page 6 of 52Page 93 of 361
In preparing the consolidated ?nancial statements,management is responsible for assessing the
Municipality's ability to continue as a going concern,disclosing,as applicable,matters related to
going concern and using the going concern basis of accounting unless management either intends to
liquidate the Municipalityor to cease operations,or has no realisticalternative but to do so.
Those charged with governance are responsible for overseeing the Municipality's?nancial reporting
process.
Auditors’Responsibilitiesfor the Audit of the Consolidated Financial Statements
Our objectives are to obtain reasonable assurance about whether the consolidated ?nancial
statements as a whole are free from material misstatement,whether due to fraud or error,and to
issue an auditors‘report that includes our opinion.Reasonable assurance is a high level of
assurance,but is not a guarantee that an audit conducted in ace {dancewith Canadian generally
accepted auditing standards will always detect a material’.ngsstatementwhen it exists.
Misstatements can arise from ?'aud or error and are conside‘material if,individually or in the
aggregate,they could reasonably be expected to in?uence th nomic decisionsof users taken on
the basisof these consolidated?nancial statements.is
43:2 ‘
As part of an audit in accordance with Canadian generg?yaacdepteda11\d§ingstandards,we exercise
professionaljudgment and maintainprofessional sk t1cism§throughout‘<efziudit.We also:
a)Identify and assess the risks of materi gnsstaleinentof;’tlie consolidated ?nancial
statements,whether due to fraud or error,desjg §nd’perform audit procedures responsive
to those risks,and obtain audit evidencethat is ?jicientand appropriate to provide a basis
for our opinion.The risk of not detectingamat‘e"'almisstatement resulting from fraud is
higher than for one resulting from err ,,fraud in ‘Ii/olvecollusion,forgery,intentional
omissions,misrepresentations,or the o ‘\e 'of internalcontrol.
b)Obtain an understanding of internal coii zfntto the audit in order to design audit
procedures that are appigpl’a the c umstances,but not for the purpose of expressing
an opinion on the effectiveness‘the Municipality'sinternal control.
t *7
c)Evaluate the appropriate
K
_accouijtii1gpolicies used and the reasonablenessof
accounting estimates and 1 at ,_sufesmade by management.
x?ss of management's use of the going concern basis of
i “evidenceobtained,whether a material uncertainty exists
Vbnsthatmay cast signi?cant doubt on the Municipality'sability
to continue as going coliéern.If we conclude that a material uncertainty exists,we are
'attentidriinour auditors’report to the related disclosures in the
consolidated ?nancialstatementsor,if such disclosures are inadequate,to modify our
opinion.Our conclu ongsiiiarebased on the audit evidence obtained up to the date of our
auditors‘report.However,future events or conditions may cause the Municipalityto cease
to continue as a goin 'concern.
e)Evaluate the overall presentation,stmcture and content of the consolidated ?nancial
statements,including the disclosures,and whether the consolidated ?nancial statementsPage 7 of 52Page 94 of 361
We communicatewith those charged with governance regarding,among other matters,the planned
scope and timing of the audit and signi?cant audit ?ndings,includingany signi?cant de?ciencies in
internal control that we identify during our audit.
We also provide those charged with governance with a statement that we have complied with
relevant ethical requirements regarding independence,and to communicate with them all
relationships and other matters that may reasonably be thought to bear on our independence,and
where applicable,related safeguards.
Niagara Falls,Ontario
K
February XX,2022 CRAWFO A SMLIH&SWALLOW
SIONAL ACCOUNTANTS LLP
UNIANTS
cHARTEIgEi5;>R0i'=’1§s
1::L1cE1~}s;§?’1>K
UBLIC A
Page 8 of 52Page 95 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
CONSOLIDATED STATEMENT OF FINANCIAL POSITION
December 31,2019
(In thousands of dollars)
2019 2018
$3%
Financial Assets -note 8
Cash -note 3 106,412
Investments -note 4 28,388
Taxes receivable-note 5 12,713
Accounts receivable 16,928
User fees receivable 5,473
Long-term receivables—note 6 1,492
Note receivable -note 7 22,000
Long-term investment -note 7 92,251
285,657
Contingent Liabilities —note 9
Liabilities
?Accounts payable and accrued liabilities -
1 27,221 24,692
Deferred revenue -obligatory reserve funds’.-*’47,256 43,524
Deferred revenue -note 11 12,936 12,724
Other liabilities 6,479 4,574
Post-employment bene?ts -note12 29,749 32,261
Net long—ter1nliabilities-note§l3 ‘48,522 48,177
,’
\172,163 165,952
Net Financial Assets 143,408 119,705
Non-Financial Asset ..
Tangible capital assets-sched e2 '771,350 754,451
Inventoriesands‘iiggaidexpenses"“3,076 2,889
774,426 757,340
Accumulated Surplus 877,045
Signed on behalf of the Mun pality:
Mayor
See accompanying notes craw?mi smith ®swallowPage 9 of 52Page 96 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED
SURPLUS
for the year ended December 31,2019
(In thousands of dollars)
Budget Actual Actual
2019 2019 2018
$$$
note 20
Revenue ,5,
Taxation .note 5 76,749 78,302 77,506
User fees 56,39 ’8 57,450 55,368
Government of Canada grants ‘2,567
Province of Ontario grants 6,660
Other municipal grants 4,299
Interest,penalties and fines 2,639
Investment income ,2,977
Casino and gaming revenues '2,837 24,813
Niagara Falls Hydro HoldingCorporation
net income-note 7 1,634 2,275
Contributions?‘om ObligatoryReserve
Funds 7,954 3,274
Other 16,308 10,477
Contributed tangible capital assets 13,319 17,985
Loss on disposal of tangible capitalifassets (532)(2,391)
"’‘219,899 208,449
Expenses
General government 15,042 21,673 13,927
Protection to persons 29,192 29,753 29,800
37,072 51,739 57,860
37,046 39,565 36,485
1,966 2,153 1,957
982 1,071 1,022
21,497 27,463 25,650
Planning and developmeh 5,102 5,693 7,002
147,899 179,110 173,703
Annual Surplus 32,289 40,789 34,746
Accumulated Surplus,Beginning of Year 877,045 877,045 842,299
See accompanying notes Crawfordsmith C3.swallowPage 10 of 52Page 97 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
CONSOLIDATED STATEMENT OF CASH FLOWS
for the year ended December 31,2019
(In thousands of dollars)
2019 2018
$39
Operations
Annual surplus 34,746
Change in non-cash assets and liabilities-
note 17 5,056
Non-cash charges to operations
Amortization of tangible capital assets 26,228
Loss on disposal of tangiblecapital assets 2,391
Contributed tangible capital assets (17,985)
Niagara Falls Hydro Holding Corporation
net income -note 7 @,275)
Net increasein cash from operations 48,161
Capital
Proceeds on disposal of tangible capital assets 19
Acquisition of tangible capital assets (31,442)(38,685)
Net decrease in cash ?om capital (31,442)(38,666)
Investing
Note receivable-note 7
V ‘
22,000
Dividends received from Niagara _
Holding Corporation -n ’14(671
22,671
4,100
(3,755)(3,636)
from?nancing 345 (3,636)
g
36,722 5,859
.v 9'
Cash Position,Beginning1‘Year 106,412 100,553
Cash Position,End of Yea 143,134 106,412
See accompanying notes craw?mi smith ®swallowPage 11 of 52Page 98 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL
ASSETS
for the year ended December 31,2019
(In thousands of dollars)
Budget Actual Actual
2019 2019 2018
$$35
note 20
Annual Surplus 32,289 f;':.;.,,\40,789 34,746
3’’
(31,442)(38,685)
27,330 26,228
Acquisition of Tangible Capital Assets
Amortization of Tangible Capital Assets
Proceeds on Disposal of Tangible Capital
Assets 19
Loss on Disposal of Tangible Capital Assets 2,391
Contributed Tangible Capital Assets (17,985)
Change in Inventories and Prepaid
Expenses -note 17 (187)(35)
Increase in Net Financial Assets 23,703 6,679
~,.4°Net Financial Assets,Beginning of Year ‘1
’_
119,705 113,026
'150,736 143,408 119,705
See accompanyingnotes crawlbrd smith C8.swallowPage 12 of 52Page 99 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
1.Signi?cant Accounting Policies
The consolidated?nancial statements of the Corporation of the City of Niagara Falls,Ontario
(the "Municipality")are the representations of management prepared in accordance with
Canadian public sector accounting standards established by the Public Sector Accounting
Board ("PSAB")of the Chartered Professional Accountants of Canada ("CPA Canada")with
the exception of providingbudget ?gures.See note 20._.
(a)Basis of consolidation
(i)These consolidated ?nancial statements re
Lundy‘s Lane Business,‘-.lx‘I1p‘
Main &Ferry BusmessilI
Victoria &Centre BusinessW
Niagara §§onv_tion &CivicCentre Inc.
Niagara alls HyfdroHolding-.Corporation
,_lly ow ed subsidiary Niagara Falls Hydro Holding
"NF C“)is accounted for on a modi?ed equity basis,consistent
ing‘trnentfor govermnent business enterprises.Under the
_,,
V
business enterprise's accounting principles are not
it d to confqoijmwith those of the Municipality,and inter-organizational
tfansacons and ‘tjalancesare not eliminated.The Municipality recognizes its
"terest the net comprehensive income or loss of NFHHC in its
Statementof Operations and Accumulated Surplus with a
correspond
‘Z
,__irgic1'easeordecreasein its investmentasset account.Any dividends
that the Muir/‘iiizipalitymayreceive ?‘om NFHHC will be re?ected as reductions in
the investment asset account.
Crawford smith C82swallowPage 13 of 52Page 100 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
1.Signi?cant Accounting Policies -continued
(a)Basis of consolidation-continued
(ii)
(iii)
(iv)
(b)Basis of accounting
(i)
(ii)
(iii)
(iv)
Partial-consolidatedentity
The followingjoint local board is proportionatelyconsolidated.See note 18.
Niagara District Airport Commission (Joint-\Board)
Accountingfor Regional Municipalityof Niagai School Board transactions
.fThetaxation,other revenue,expenses,ass__e
operations of the school boards and tlrell?egio
"Region")are not re?ected in the munidipal‘fundi‘
?nancial statements.See note 2.'
Trust funds
Trust funds and their related operat _i /‘dministeredbytheMunicipality are not
consolidated,but are reportedsepa‘tely on the Trust Funds Statement of
Financial Position and Stat ‘i ''''
Balances.
nd liabilities with respect to the
Municipality of Niagara (the
nces of these consolidated
Revenue and expenses are repoiiddo
4..'1 J.’.The accrual ba f bountmgiltecognizesrevenues as they become available and
measurable;ex ses re recog iz/edas they are incurred and measurable as a
result of receipt0 go yes and the creation of a legal obligation to pay.
'/Investme t
V
ent bonds;and Canadian corporate bonds.Investments
‘ordedat costplus accrued interest.
3 ’x?e
Long-teiirnfecefifiaiblesareinitiallyreported on the Consolidated Statement of
Financial P ‘ion at cost.Recoverability is assessed annually and a valuation
allowance W.corded when recoverability is impaired.The long-term receivables
are written off when they are no longer recoverable.Recoveries of long-term
receivables previously written off are recognized as revenue in the year received.
Interest revenue is recognized as it is earned.
receivébles
Non-?nancial assets are not available to discharge existing liabilitiesand are heldforuseintheprovisionofservices.They have useful lives extending beyond thecurrentyear,and are not intended for sale in the ordinary course of operations.The change in non-?nancial assets during the year,together with the annualsurplus,provides the change in net financial assets for the year.10crawlbnismithC3.swallowPage 14 of 52Page 101 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
1.Signi?cant Accounting Policies -continued
(b)Basis of accounting -continued
(Vi)
(vii)
Tangible capital assets
Tangible capital assets are recorded at cost.Cost includes all directly attributable
expendituresin the acquisition,construction,development and/or betterment of the
asset required to installthe asset at the location
Amortization is recorded to re?ect the cost,
associated with the use of the asset in providi;{
line basis over the estimated use?al life of t ‘féa
not amortized until the asset is availablegfg‘V’
e use,at which time they are
capitalized.Gains and/or losses on }l,1‘e"7isposal0 \ssetare recorded on the
Consolidated Statement of Operat'andAccumulate ‘Surplusas "gain/loss on
disposal of tangible capital assets"l ’
:\
etfof anticipated residual value,
vernment services on a straight-
Assets under construction are
*2.45""9.oD-
Asset Class
General Assets
Land
Land improvements £,
‘
Buildings 100years
Fumiture and e ui ment years
Vehicles 5 years
10-75 years
30-100 years
l0-75 years
15-100 years
st of works of art or historical treasures has not been assigned to
or disclosed in the consolidated ?nancial statements.these assets
Inventories
Inventories are valued at average cost.
-Deferred revenue -obligatory reserve ?xnds represents development chargecontributions,public puipose,parkland dedication and gas taxes,levied orreceivedundertheauthorityoffederalandprovinciallegislationandMunicipalityby-laws.These amounts have been collected but the related services have yet to beperformed.These amounts will be recognized as revenue in the ?scal year theservicesareperformed.11craw?mi smith 0?.swallowPage 15 of 52Page 102 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
1.Signi?cant Accounting Policies -continued
(b)Basis of accounting -continued
(ix)
(X)
(Xi)
Deferred revenue
Funds received for specific puiposes are accounted for as deferred revenue until
the Municipalitydischarges the obligation which led to the receipt of the funds.
Government transfers
Government transfers are recognized in the pp
to the transfers occur,providing the ti'ansfers7‘a
are met,and reasonable estimates of the anidun
the extent that stipulations associated ‘'t tthe t
Transfers are recognized as deferred "
a liability.The transfer revenue
Operations and Accumulated Surp
are settled.
in which the events giving rise
uthorized,any eligibilitycriteria
n be made,except when and to
s th,tipulations’giving rise to the liabilities
Employee ?iture bene?ts xx
The Municipalityprovides d
_‘
employee groups.These belie _‘
bene?ts,future paid sick leave\-‘Lienfs,
and long-term disabilitybenefits.,.'Municipalityhas adopted the following
for fheseemployee bene?ts:
”:.1 Ex,.1.
‘f self}:’sured re?tz.:are actuariallyx
(1)ment and other employee future benefit plans
ferrniiiszdfusinginanagement‘s best estimate of salaiy
ulat‘e’d?sickdays during employment and at retirement,
h‘carecost trends,disability recovery rates,long-term
ctuarially 1‘etermmedusingthe employee's salary,banked sick days and
i ars of sci;/téiiceandmanagement's best estimate of discount rates.Anyauarialgaiiisandlossesarisingfromchangestothediscountrateare
ed overthe expected average remainingservice life of the employee
For self-insuredretirement and other employee future bene?ts that vest or
accumulate over the periods of service provided by the employees,such as
health care benefits for retirees or retirement gratuities,the cost is actuarially
life of the employee group.12craw?ird smith C&swallowPage 16 of 52Page 103 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December31,2019
1.Significant Accounting Policies -continued
(b)Basis of accounting -continued
(Xi)
(xii)
(xiii)
(XV)
Employee ?lture bene?ts -continued
For those self-insured bene?t obligations that arise from speci?c events that
occur from time to time,such as obligations for workers‘compensation,
long-term disability and life insurance andjligalthcare bene?ts for those on
disability leave,the cost is recognized '"ediatelyin the period the events
occur.Any actuarial gains and losses;at are related to these bene?ts are
recognized immediately in the pe1‘iod4’t§ey''
\«
(2)The costs of multi-employer do ‘d lan bene?ts,such as the
Ontario Municipal Employees R€§tn‘ement stem pensions,are the
employer's contributions du ‘othe planin the p od.
(3)The costs of insured be?e?ts’Theemploy)/er‘sportion of insurance
premiumsowed for coverage 0 loyees during the period.
Tax revenue
_‘
edwhen they meet the de?nition of
an asset,the tax is authorized taxableevent has occurred.
:.
Taxes receivable and tax revehuef‘re reco
Investment inc?e is éportedag ‘evenue in the period earned.When required by
the funding go _rnm cial legislation,investment income earned on
deferred revenu .
Us
The pr aration the ?nancial statements in conformity with Canadian public
sector ‘Z?bountiiigstandards requires management to make estimates and
assumption ataffectthe reported amounts of assets and liabilitiesand disclosure
of contingeQt¥’assetsand liabilities at the dates of the ?nancial statements and the
reported amountsof revenue and expenses during the reporting periods.
Signi?cant estimates include assumptions used in estimation of provisions for
accrued liabilities and in performing actuarial valuations of post-employment
estimates 3
13Crawfordsmith(«Q swallowPage 17 of 52Page 104 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
2.Operations of School Boards and the Regional Municipality of Niagara
Further to note 1(a)(iii),the taxation,other revenues,expenses and overlevies of the school
boards and the Region are comprised of the following:
(in thousands of dollars)(in thousands of dollars)
School Boards Region
2019 2018 2018
$$$
Taxation and user
charges 40,657 80,304
Payments-in-lieuof taxes 1,896 3,714
Amounts received or
receivable 42,553 84,018
Requisitions 42,553 84,018
Overlevies (Underlevies)
at the end of year
3.Cash
This represents cash and short term inves.
funds (includingthose ?md ide in delfer1'edijevenue):
'(in thousands of dollars)
2019 2018
$$
Operating Fund 92,505 59,661
Reserve Funds/'50,629 46,751
143,134 106,412
Investments
Investments have a
$36,823,394 (3%28,3
,
92 -2018).
5.Taxes Receivable and Revenue
Property tax billings are prepared by the Municipalitybased on an assessment roll issued by
rates areincorporatingamountstoberaisedforlocalservices and amounts the Municipality isrequiredtocollectonbehalfoftheProvinceofOntarioinrespectofeducationtaxes.14crawfozdsmithCE.swallowPage 18 of 52Page 105 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
5.Taxes Receivable and Revenue -continued
A normal part of the assessment process is the issue of supplementary assessment rolls which
provide updated information with respect to changes in property assessment.Once a
supplementaryassessment roll is received,the Municipality determines the taxes applicable
and renders supplementary tax billings.
Assessments and the related property taxes are subject to appggal.Tax adjustmentsas a result
of appeal are recorded when the result of the appeal/1:>1‘o‘cessisknown or based on
management's best estimate.‘~x
The property taxes receivable,tax revenue and accoliriéspay
Municipality are subject to measurement uncer”''
submitted by ratepayers have yet to be hear '
penalties and interest,are net of an allowanc
—2018).r
Taxation revenue reported on the Consolidated,
Surplus is made up of the following:V‘
15and accrued liabilitiesof the
ilrtyias a gi?cant number of appeals
The taxes ‘receivablebalance,including
doubtfulaccou1it§’of$920,000 ($920,000
:‘x I’
ement of Operations and Accumulated
(in thousands of dollars)
6.
2019
t
2018
$$
Residentialand farm taxatio 109,644 104,997
Commercial,industrial an
supplemental taxes ’86,970 86,392
Taxation ?'om other govei 12,441 10,618
~'
\209,055 202,007
Payments to Region an"SdhoolBoards 130,753 124,501
Net Propert ’axes and‘l’:aymei1Jts-in-Lieu
Availablefo1j‘l\/\l11nicipal»,:‘Purposes 78,302 77,506
Long-Term Receivab
Included in 1ong~term‘réeivablesare amounts totaling $857,993,which are unsecured with
varying terms of repayfnentand bearing interest at nil.In addition,amounts totaling 3537,923
and $146,395 are unsecured,repayable by January 1,2026 and December 31,2022 and
bearing interest at 6%and 3%respectively.
15craw?mi smith (8.swallowPage 19 of 52Page 106 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
7.Investment in Niagara Falls Hydro Holding Corporation
(in thousands of dollars)
2019 2018
$319
Statement of Financial Position
Current assets A 58,635 44,217
Capital assets 203,361 194,744
Other assets 37,429 29,599
Regulatory assets 8,489 9,590
Total Assets 278,150
Current liabilities 41,748
Other liabilities 47,1 18
Note payable -see below 22,000
Long-term debt 40,338
Non-controlling interest -see below 28,053
Regulatory liabilities 6,642
Total Liabilitiesand Other 185,899
Net Assets 92,251
Revenue 4 187,287 175,294
Operating expenses 185,170 176,308
Net income(loss)befor‘er1‘eguliat‘oryaccountingchange 2,117 (1,014)
Regulatory debita‘Ec5uiitii1gChang‘under CGAAP 234 4,489
Net income b§f61‘enon-cont’slling‘terest 2,351 3,475
Non-controll‘terest -seeibelotiv 717 1,245
Net income I;1,634 2,230
Adjustment on ac?uisitiongeebelow 45
"1,634 2,275
The investment in NFH C is represented by 2,000 common shares of the company.
On January 1,2008,Niagara Falls Hydro Inc.acquired Peninsula West Utilities Limited by
way of amalgamation pursuant to a Merger Agreement dated December 19,2007 and
Corporation received 74.5%of the issued and outstanding common shares of NPEI.On October 14,2016,NFHHC acquired an additional 1,500 shares of Niagara RegionalBroadbandNetworkresultinginanincreaseinownership?‘om 56.25%to 75%for$6,750,000.crawlbid smith (3.swallowPage 20 of 52Page 107 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
7.Investment in Niagara Falls Hydro Holding Corporation -continued
On July 12,2018,NFHHC acquired 750 shares,representing 75%of the total share capital
of Spark Enterprises Inc.for $7.50.This acquisition has been written o?‘due to the
uncertainty of the performance of Spark Enterprises Inc.On July 12,2018,NFHHC became
a member of the not—for-pro?torganization Spark Innovation Educational Center Inc.
The $22,000,000 note payable was unsecured bearing inteipstxat4.77%and due April,2020.
On July 23,2019,the Municipalityserved notice to NPE liiat-.the note payable was due on
or before August 1,2019.The Municipality received pa nt in full on August 6,2019.
8.Credit Facilities L
x\.
The Municipalityhas an authorized operating loarigdugxondemdof $21,000,000 ("Facility
#1“)bearing interest at prime less 0.5%to assi?with general pgratihgrequirements and to
finance current expenditures,a credit fa 'y of 2,000,000 ,v("Facility#2")related to
commercialcards &/or Scotia VISA business 0 dsyilliopeavailnientand interest rate are per
cardholder agreement,and an authorized revol /term loan due on demand of $1,000,000
("Facility #3“)bearing interest at prim less 0.253’/Ktoassistin?nancing the Community
been drawn on Facilities #1 and #3
5/,
acility #2.All credit facilities are
t ining a pledge of revenue and a general
Improvement Program.As at December 2019,
and $218,293 ($210,728 -2018)has “.b‘e”_\.~drawn
secured by a borrowing by-law/reso1utid‘n(0
security agreement.
9.Contingent Liabilities
Legal
As at December 31,_2_(_)19,th )3/Iunici‘lityhas known claims outstanding of approximately
$6,500,000.Iris ernentassertionthat adequate defences and insurance coverages
are in effect foI"t e sett e t 0 eseclaims,if necessary.Subsequentto year—end,certain
other claims/were outsliandingasatDecember 31,2019 were settled for a total of
$514,000.
'N6 rovisioni_t"<3>1'claims unsettled and settled have been included in these
consolidated ?na 7!taternfénts.The Municipality'smaximum insurancecoverage per claim
is $20,000,000.
Niagara Convention &‘givic Centre Inc.("Scotiabank Convention Centre")
The Municipality musinotify the Government of Canada and the Province of Ontario in
writing,if at any time during a period of twenty ?ve years from the date of completion of the
Scotiabank Convention Centre,that being April 2011,the Municipality proposes to sell,
Convention Centre.The Municipality is contingently liable for a proportionate amount offundsintheamountof$70,000,000 contributed equally by the Government of Canada andtheProvinceofOntario.The contingent liabilityis reduced 4%per annum up to twenty ?veyearsafterthedateofcompletion.17craw?ud smith CE.swallowPage 21 of 52Page 108 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
9.Contingent Liabilities -continued
Visitor Transportation System ("WEGO")
The Municipalitymust notify the Government of Canada and the Province of Ontario in
writing,if at any time during a period of twenty ?ve years ?om the date of completion for
?xed assets and ten years for non—?xed assets of the WEGO system,the Municipality
proposes to sell,lease,encumber or use assets in a ma er other than described in the
agreement or otherwise dispose directly or indirectly,o yipartof the ?xed or non—?xed
assets purchased,constructed,rehabilitated or improve
Government of Canada and the Province of Onta1',assets,the contingent liability
is reduced 4%per annum up to twenty ?ve yea date of completion,that being
April,2015.For non—?xedassets,the contingentliabilityis redu _Ky 10%per annum up to
ten years after the date of completion,that Augjist,2012.‘
Niagara Falls Hydro Holding Corporation
i
evolvingxine of credit of Niagara Falls Hydro
nterest‘afhebank's prime lending rate,payable
2022.
X
at December 31,2019,the line of
._
'
Q 29‘'8)and is secured by a general security
HH(},.hasarranged for a standby letter of credit
ch $11,910,187 (2018 ~$11,910,187)has been
The Municipality has guaranteed a 1‘t_o_.
Holding Company ("NFHHC")which (71
interest only,monthly and is due Januaity
credit outstanding is $10,750,000 ($10,‘?
agreement over all the assets pt:NFHHC
of $12,000,000 (2018 -$12§'00'Q;0‘00)of
drawn down.The Indepe entElgictricitySystem Operator is the bene?ciary for $1 1,910,187
(2018 -$11,910,187).Th
of electricalpower.
to‘'de a prudentialletter of credit supporting the purchase
10.Deferred Revemi atory 'I§'_eseij,veFunds
‘rat 0 igatoryreserve funds be reported as deferred revenue.
\»...”----..nds are co'n§idei‘edobligatory as Provincial legislation restricts how these
?inds may be us (1,unde;}‘ce1‘tamcircumstances,when these 1l.lI1ClSwill be refunded.
In the case of dello menti?charges,revenue recognition occurs a?er the funds have been
collected and when t Municipalityhas approved the expenditures and used the funds for the
capital project for wine developmentcharges were raised.These funds have been set aside,
as required by the Dex/blopmentCharges Act,to support the cost of growth related to capital
projects associatedwith new development.
18crawfomlsmith@swallowPage 22 of 52Page 109 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December31,2019
10.Deferred Revenue -Obligatory Reserve Funds —continued
The deferred revenues are made up of the following:
(in thousands of dollars)
Externally
restricted Revenue
2018 in?ows earned 2019
$$
2%Parkland dedication 1,546
Publicpurpose 2,121
Federal gas tax rebate 17,053
Provincialgas tax rebate
-transit 1,350
Discounted development ,5
charges
9
(1,093)6,191
Non-discounted
development charges (4,369)18,995
(7,955)
11.Deferred Revenue
Deferred revenue includes);‘
between the Municipali7’
Municipalitymust notifyM
from the date of complet
Municipalityproposes topsell,
in the agreement r ot ‘'
constructed,rellabihtated'pr ed.The Municipality is liable to repay a proportionate
amount of $‘—"900,000con jibutedby Metrolinx.The liabilityis reduced 3.33%per annum
up to thirty ye s after the?-,,!‘date of completion,that being April,2015.Alternatively,
Metrolinxhas the 1‘ight1}(§frefusalto purchase the facility at an agreed upon amount.
‘r
"GO bus storage and maintenance facility,the
ber or use assets in a manner other than described
12.Post-Employment Bene?t;
(in thousands of dollars)
2019 2018
$$
Accumulated sick leave 3,556 3,443WSIB-Schedule II future liability 8,818 7,238Vacationpay1,230 1,28129,749 32,261crawrbxdsmithC&swallowPage 23 of 52Page 110 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
12.Post-Employment Bene?ts -continued
Post—EmploymentBene?ts
The Municipality pays certain medical,dental and life insurance bene?ts on behalf of its
retired employees.The Municipality recognizes these post-retirement costs in the period in
which the employeesrender the services.
As a result of actuarial valuations on post-employment benefits,it was determined that an
actuarial gain of $8,113,437 existed.This amount is ng\?*amortizedover the expected
average remaining service lives of several employe !ps.The unamortized value is
$5,539,775.The actual obligationis $10,279,381.‘
As a result of actuarial valuations on long-term djsabiiitybee?ts,it was determined that an
actuarial loss of $564,935 existed.This an/19'u’nt‘isbeinga_:izedover the expected
average remaining service lives of several eihployeegroups.he unamortized value is
$139,140.The actual obligation is $465,542?\
The liabilities for post-employment bene?ts ‘é?edited in these consolidated financial
statements have been determined on an-.actuarial b\s‘isusing a discount rate of 3.50%(4.25%
-2018)and an in?ation rate of 1.75%‘
Accumulated Sick Leave
A
3’
“mulationof sick days for certain groups of
A‘to 9n allowable maximum provided in their
’ated or its could have been used in future years to the
extent that the duratiqrl
\i f th
I,
mploye llness or injury exceeded the current year's
allocation of credits.The‘Meof a_‘cumulatedsickdays for sick leave compensation ceases
on termination of employme Effect1ve December 31,2015,the accumulated sick leave
plans that previou,
\
sted ar‘nolonger available to CUPE employees and replaced by a
'p;:a'i1.The changes to the Municipality'saccumulated sick
'e decreaseto the Municipality'sobligation of $1,821,663 and
‘gainwas repoited in the Consolidated Statements of Operations
rplus as/gitDecember 31,2015.
As a result of actuarialvaldationsontheaccumulated sick leave liability,it was determined
that an actuarial loss?‘«"'$2,059,109 existed.This amount is being amortized over the
expected average rema mg service lives of several employeegroups.The unamoitized value
is $914,093.The actual obligation is $4,469,438.
A reserve ?ind has been established for the accumulatedsick leave liability.The balance as at
as re?ectedstatementshavebeendeterminedonanactuarialbasisusing a discount rate of 3.50%(4.25%—2018)and an in?ation rate of 1.75%(1.75%-2018).
The Municipality previously allowed for
employees hired after spe_ci?’_ddates 1.!
employment agreements.zjgccum
20crawlbrdsmith(3.swallowPage 24 of 52Page 111 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
12.Post-Employment Bene?ts -continued
Workplace Safety and Insurance Board -Schedule 11Future Liability
The Municipalityhas elected to be treated as a Schedule II employer and as such,is required
to remit payments to the Workplace Safety and Insurance Board ("WSlB")to fund disability
payments.The liability as re?ected in these consolidated financial statements has been
determined on an actuarial basis using a discount rate 0 50%(3.75%-2018)and an
in?ation rate ofl.75%(l.75%-2018).—>.
As a result of an actuarial valuation on the WSIB -S 5:le 11 liability,it was determined
that an actuarial loss of $5,413,419 existed.This In is being amortized over the
expected average remaining service lives of severalgg royeeroups.The unamortizedvalue
is $1,569,052.The actual obligation is $l0,38”J7{f‘3L03i,
A reserve fund has been establishedfor this li
istedli’Thisamount is being amortized over
,\ev,e"ralemployee groups.The unamortized
‘gth o?iseyviceand rates of pay.The Administration Corporation
ing planmembers and employers,is responsiblefor overseeing
‘f the pens1o:nplan,includinginvestment of the assets and administration of
the bene?ts.OMESprovigi?espension services to approximately500,000 active and retired
membersand appr ir1;1atelyf}l,000 employers.
Each year an independ’mtrfactuarydetermines the funding status of OMERS Primary Pension
Plan ("the Plan“)by ccfiiiparingtheactuarial value of invested assets to the estimated present
value of all pension bene?ts that members have eamed to date.On December 31,2019,the
estimated accrued pension obligation for all members of the Plan was 55106,443 million
($99,058 million -2018).The Plan had an actuarial value of net assets at that date of
-($4,191 million -2018).The Plan is a multi-employer plan,any pension plan surpluses orde?cits are a joint responsibilityof Ontario municipalorganizations and their employees.Asaresult,the Municipality does not recognize any share of the OMERS pension surplus orde?cit.2 1craw?mi smith C&swallowPage 25 of 52Page 112 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December31,2019
12.Post-Employment Bene?ts -continued
Pension Agreements -continued
The amount contributed to OMERS for 2019 was $5,116,455 ($5,182,227 -2018)for
current services and is included as an expense on the Consolidated Statement of Operations
and Accumulated Surplus.
On January 1,2019,the yearly maximum pension earri/itfgsincreased to $57,400 ?‘om
$55,900 in 2018.The contributions are calculated at a rattf of 9%(9%-2018)for amounts
up to the yearly maximum pension earnings stated ab te‘nd at a rate of 14.6%(14.6%-
2018)for amounts above the yearly maximumpensio ‘2
13.Net Long-Term Liabilities
(a)The balance of net long-term liabilitie reported on the “Cho'i5fsolidatedStatementof
FinancialPosition is made up as follow =3"
(in thousands of dollars)
2019 2018
$$
Total long-term liabilitiesincurred the,
Municipalityincludingthose incurred alfof
school boards,other munipalities andyijnumclip/sail
enterprisesbearing inter(7 annual rates
ranging ?'om 1.3%to .35‘V d outst§nding
during the year is 48,522 48,177
(b)Of the net long-term liabilitiesrep ed in (a)of this note,principalpayments are due as
follows:
.»=$
2020 3,885,323
,5’;2021 3,516,286
5;?’2022 3,193,031
2023 3,123,226
2024 3,058,461
Thereafter 31,746,073
(c)The long-term liabilities in (21)issued in the name of the municipalityhave been approved
Affairs and Housing.(d)Interest charges of $2,153,792 ($2,260,649 -2018)are included on the ConsolidatedStatementofOperationsandAccumulatedSurplus,classi?ed under the appropriate?lnctional expense heading.22crawbrdsmith®swallowPage 26 of 52Page 113 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
14.Accumulated Surplus
(in thousands of dollars)
2019 201 8
$$
Invested in tangiblecapital assets 771,350 754,451
Capital fund 24,339 (5,192)
Operating fund 7‘'7‘:10,003 8,658
Reserves and reserve ?mds 97,199 85,315
Niagara Falls Hydro Holding Corporation net equity 93,214 114,251
995,105 957,433
%5(§29j.,«749)(32,261)
(48,522)(48,177)
(78,271)(80,438)
917,334 377,045
,ii.“'e
1‘I
Amount to be recovered -post-employment be}/if/S?ts
Amount to be recovered -net long-term liabi11t"es7"
.4 x
(a)Operating fund balance
(in thousands of dollars)
2019 2018
$$
‘
299 (154)
For general reduction of Us
respectingw I I 1,003 1,006
,2,7-:1,045 1,810
by the pélkingfund 40 17
For general by the Lzj,b1'a1‘yBoard 130 272
For general us 5ythe (BusinessImprovement
Areas and Convc ion Centre 7,219 5,459
For general use byztheAirport Commission 267 248
10,003 8,658
23crawlbrdsmith(:9.swallowPage 27 of 52Page 114 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
14.Accumulated Surplus -continued
(b)Reserves and reserve ?md balances
(in thousands of dollars)
2019 2018
$$
Reserves set aside by Council for speci?c purposes:
Working funds 265
Operatingspecialpurposes:
Specialpmposes 12,501
Water 2,15 1
Wastewater 6,549
Capital special purposes:
General 30,413
Water 6,768
Wastewater 5,220
Total Reserves 63,867
crawfbzd smith C8.swallowPage 28 of 52Page 115 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
14.Accumulated Surplus -continued
(b)Reserves and reserve ?lnd balances -continued
(in thousands of dollars)
2019 2018
39
Reserve Funds set aside by Council for speci?c
purposes:
Board of Museum purposes 4
Branscombe Family Grant 4
Capital/Operations-see note 16 7,530
Coat of Arm's 3
Drainage 748
Expansion and renewal 275
FMCNisitor Transportation System 3,894
Future municipalworks 732
Hospital -note 16 1‘;
Kalar Park turf debenture surpl 19
Libraiy funds :5'1,609
Licence agreements -40 years 2
Lot drainage
3
.E 192
Lundy's Lane businessigpvementépurposes 117 117
Niagara Tunnel ”unityImp1‘ové:rnent 120 481
OMCC Grant 4‘‘d 6’373 366
Parking
_149 122
Prepaid w2_r1<§_.'ects é§nt1‘ibut1ons 244 240
ecialv edsdbildren 18 18
H pineiiatil 87 86
'476 468
1,585 1,560
1,432 1,409
Sidewalk coil 38 38
Sports fund 6 6
Tree planting -1 evelopers 78 77
Water patrol boat 14 14
Willoughby museum 100 98
21,448TotalReservesandReserveFunds97,199 85,315crawtbrdsmithC8.swallowPage 29 of 52Page 116 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
14.Accumulated Surplus -continued
(c)Niagara Falls Hydro Holding Corporation net equity
(in thousands of dollars)
2019 2018
$$
Balance,beginningofyear 114,251 111,976
Net income 1,634 2,230
Note payable repayment (22,000)
Dividends -controlling interest ‘(671)
Acquisition 45
Balance,end of year 114,251
15.Trust Funds
Surplus.
16.Contractual Obligations an_1
Capital Expenditures
The estimated future caplt
V M
*based on projects in progress at December 31,
2019 is approximately.$62,4
1
23 ($47,436,455 -2018)alter deducting the expenditures
incurred as at péceiti 1 2 '9 These projects will be financed by grants,subsidies,
reserves,trans,?om ope‘ons
X
edures have not commenced by CN/CP prior to December 2026.
The Municipalityhas set aside a reserve fund (Capital/Operations)amount of $4,000,000
increasing each year by the amount of the Consumer Price Index for this purpose.In
basis until December 2026.26craw?mi smith C3.swallowPage 30 of 52Page 117 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December31,2019
16.Contractual Obligations and Commitments —continued
South Niagara Site Hospital
The South Niagara Site Hospital (the "Project")construction budget estimate is
approximately $1 billion.The Province is expected to fund the majority of the Project.Six
southern tier local area municipalities,namelyNiagara Falls,Pelham,Port Colborne,Thorold,
Wain?eet and Welland,are required to contribute approxima‘t§ly$35 millionto $45 million
toward the total local share contribution of $212 million.""At"~thistime,it is uncertain how
the total local share contribution will be allocated betw the six southern tier municipalities.
Past constructionbudget discussionsrelated to the P {eat lted in an estimated amount of
$22 million to be contributed by the Municipality./$._£eseW_'?1ndhas been established for
this estimated contribution.The balance as at De(c,én’iber'31,207 is $22,513,595(nil -2018)
—see note 14."”'
17.Statement of Cash Flows
Changes in cash components include:
(in thousandsofdollars)
2019 2018
$‘$
Change in investments (8,438)5,753
Change in taxes receivable -(35)(1,527)
Change in accounts receiyzifblexa (5,569)
A
(2,302)
Change in user fees receiva \
(637)20
Change in long-term receivab e v 450 878
Change in inventoriearidrepaid enses (187)(35)
Change in accougitspayablen)daccruedliabilities 2,529 (5,088)
Change in defe I d revenue {'obligafoi‘yreserve funds 3,732 6,590
‘evenue 212 v 290
Change in other li’ies _1,905 (195)
Change in post-empll‘ent lziéne?ts (2,512)672
\
1 (8,550)5,056
27crawfomlsmithC&swallowPage 31 of 52Page 118 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
18.Contributions to Joint Board
Further to note 1 (a)(ii)the following contributions were made by the Municipality to:
(in thousands of dollars)
2019 2018
$$
‘A 283 260NiagaraDistrictAirportCommission
The Municipality'sshare of the net assets of the
approximately36%.
District Airport Commission is
19.Segmented Reporting
The Municipalityis a lower tier municipal go
to its citizens.Segmented info1'mationhas bee
as categorized by the Financial InfonnaptionRetui
/enti?edbasedon functional classi?cation
;,These classificationsare as follows:
General Government
The mandate of this ?inctional ar ‘Xexecutivemanagementandthoseexpé e
cannot be easily apportioned to other
d revenues which are corporate in nature and
‘xi‘n‘ts.Reported in this functional area are
Information Systems.
Protection ‘
Reported in this functiona ,
Services.The In of FifeServices is to provide emergency services through a range
of services t ‘’he liv *and property of the inhabitantsof the Municipality.The
Municipali '?\hasan gem t with the Regional Municipality of Niagara Police
Services Bo,‘d that requiifesthe Municipalityto pay for its share of policing costs related
to the Casinoistricts.The mandate of Building Services is to inform and assist
customers to en re safe?and orderly development and provide efficient delivery of
building approva sp "tionsand management systems.
Transportation /.
Reported in this functionalarea are Roads,Parking and Transit Services.The mandate for
Roads is to provide quality road and traffic maintenance and operations to the residents
and businesses of the Municipality.This area is also responsible for winter control.The
aconvenientandefficientpublictransportationsystemwithintheurbanarea.EnvironmentReported in this functional area are Sanitary,Storm and Water Systems.The mandate istoprovideasafeandreliablewaterresourcesystemandisresponsibleforthemaintenanceandoperationofthesystemsandmonitoringandadministeringenvironmentalprograms.28craw?nd smith ®swallowPage 32 of 52Page 119 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December31,2019
19.Segmented Reporting -‘continued
Health and Social and Family Services
Reported in this area is Cemetery Services and the Coronation 50 Plus Recreation Centre
(the “Centre").The mandate of Cemetery Services is to ensure the bene?t and protection
of each citizen who has purchased or has an interest in internment rights within each
cemetery.The mission of the Centre is to enhance the gualityof life and well-being of
those 50 and over in the Municipality.It strives to eontfibutetothe social,educational
and recreational needs by offering programs and vices in a safe and comfortable
environment.
Recreationand Culture
Reported in this functional area are Parks,Reg’tibnand‘
V
ure.The Parks division is
responsible for the maintenance,improvemept’:and’beauti?c?iti§>n,_;ofvarious parks as well
as the planning and construction of ne landand open space.The Recreation and
Culture department is responsible for tlri deliver.:ofvarious",related programs and the
provision of facilities as well as the suppor ioupsand organizations throughout the
Municipality.
Planning and Development
The Planning department creates the
to shape the ?iture of the Municipality.‘
ensuring that the Municipality's la?‘
development applicatio
and exipiensesrepresent both amounts that are directly
vtsjlhatare allocated on a reasonable basis.The
gents are consistent with those followed in the
nancial statements.See note 20 for a discussion on the
3
1kand implementationtools required
he Qévelopment division is responsible for
Opment standards are achieved on all
For each repoited segrnp’rev
attributable to the seginen an at
accounting policies used i V '
preparation of the consolidate
budgeted ?gure 'prov1d
20.Budget Figur‘
The consolidated
,rating biidgetfor the year ended 2019 includesthe budgets approved by
the Municipality,eral cards and municipal enterprises and is re?ected on the
Consolidated Statem
K St‘Operations and Accumulated Surplus.These numbers have not
been audited but are pfésentedfor information purposes only.The budgets established for
capital funds,reserves and reserve ?mds are on a project-oriented basis,the costs of which
may be carried out over one or more years.As such,they are not directly comparable with
current year actual amounts and have not been re?ected.Budget ?gures have been
29craw?mi smith C&swallowPage 33 of 52Page 120 of 361
CORPORATION OF THE CITY OF NIAGARA FALLS,ONTARIO
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
for the year ended December 31,2019
20.Budget Figures -continued
The chart below reconciles the approved budget ?gures reported on the Consolidated
Statement of Operations and AccumulatedSurplus.
(in thousands
of dollars)
Budget
$
Approved Operating Surplus 0
Add:.
Library operating surplus (before capital,deb5’
—
to reserves)I "l 372
Niagara Civic and Convention Centre op 1,145
Net transfers to reserves 5 27,0l8
21.Impact of COVID-19 Pandemic
Effective March 11,2020,!"7'
/
QVID-l9.}.\outb1;éakwas declared a pandemic by the World
I
Esigni?captg?nancial,market and social dislocating impact.
,d m nitude ofythe COVID-19 pandemids impact on the
Municipality's operations any?lianéialipo/s'itionisnot known at this time.These impacts
could include a declinein ?ltu ‘ashHowsand changes to the value of assets and liabilities.
In order to mitigat"theMunicipalitycontinues to actively monitor and assess the impact
on its operating"‘activitiesa
A
22.Comparative Fig:‘es 1%
Certain of the co parat"ej.-’f1gureshave been reclassified to conform with the financial
statement presenta adopted for the current year.
30craw?mi smith ®swallowPage 34 of 52Page 121 of 361
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February 8, 2022
Members of Council
Corporation of the City of Niagara Falls, Ontario
4310 Queen Street
Niagara Falls,Ontario
L2E 6X5
Dear Members of Council:
We have been engaged to audit the consolidated financial statements of Corporation of the City of
Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2019.
The purpose of this letter is to communicate with you regarding all relationships between the
Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear
on our independence.
The following comments have been prepared to facilitate our discussion with you regarding
independence matters.
We hereby confirm that we:
·Have complied with the requirements regarding independence in the Chartered Professional
Accountants of Ontario's CPA Code of Professional Conduct; and
·Have disclosed all relationships and other matters between the firm, network firm and the
Municipality that in our opinion may reasonably be thought to bear on independence.
We are not aware of any relationships between the Municipality and ourselves that, in our
professional judgement, may reasonably be thought to bear on our independence, that have
occurred from January 1, 2019 to February 8, 2022:
This report is intended solely for the use of the Members of Council, management and others within
the Municipality and should not be used for any other purposes.
We look forward to discussing with you the matters outlined in this letter as well as other matters
that may be of interest to you.
Yours very truly,
CRAWFORD SMITH & SWALLOW
CHARTERED PROFESSIONAL ACCOUNTANTS LLP
Page 39 of 52
Page 126 of 361
February 8, 2022
Members of Council
Corporation of the City of Niagara Falls, Ontario
4310 Queen Street
Niagara Falls,Ontario
L2E 6X5
Dear Members of Council:
The following is the communication prior to the completion of the audit of Corporation of the City
of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2019 required
under Canadian Auditing Standard 260 of the CPA Canada Handbook.
Auditors' Responsibilities under Canadian Auditing Standards and Planning the Audit
The December 31, 2019 consolidated financial statements are covered by the auditors' report. The
preparation of these consolidated financial statements and the accompanying notes are the
responsibility of management. Our responsibility is to express our opinion on these consolidated
financial statements based on our audit. An audit is performed to obtain reasonable but not
absolute assurance as to whether the consolidated financial statements are free of material
misstatement.
The audit includes assessing the risk that the consolidated financial statements contain material
misstatements, examining, on a test basis, evidence supporting the amounts and disclosures in the
consolidated financial statements, assessing the accounting principles used and their application and
assessing the significant estimates made by management.
It is management's responsibility to ensure that the internal control systems are capable of
producing accurate and timely financial information. In making our risk assessments, we consider
internal controls relevant to the Municipality's preparation of the consolidated financial statements
in order to design audit procedures that are appropriate in the circumstances, but not for the
purpose of expressing an opinion on the effectiveness of the Municipality's internal control. We
will communicate with you in writing concerning any significant deficiencies in internal controls
relevant to the audit of the consolidated financial statements that we have identified during the
audit.
Page 40 of 52
Page 127 of 361
Audit and Non-Audit Services
The following are the audit and non-audit services that we are providing to the Municipality and its
related entities:
We will audit and report on the consolidated statement of financial position of the Municipality as
at December 31, 2019, and the consolidated statements of operations and accumulated surplus,
cash flows and change in net financial assets for the year then ended.
The standard audit fee for the fiscal year ended December 31, 2018 was $ 45,000. Additional
services in the amount of $ 10,000 were also charged.
In addition, we will perform the following services to the Municipality:
·We will assist in the preparation of the Financial Information Return and the audited
consolidated financial statements of the Municipality.
·Completion of the Driver Certification Program ("DCP") Benchmark Compliance Audit for
the Niagara Falls Fire Department and Niagara Transit for their respective periods required.
The standard audit fees for the periods examined were $ 4,300.
·We will audit and report on the schedule of revenue and expenditures for the Niagara Falls
Small Business Enterprise Centre as required by the relevant funding agreement signed with
the Minister of Research, Innovation and Science ("Ontario").
The standard audit fee for the period of April 1, 2014 to May 31, 2019 was $ 10,000.
·We will audit and report on the schedule of revenue and expenditures for the Starter
Company Plus Program as required by the relevant funding agreement signed with the
Minister of Economic Development and Growth ("Ontario").
The standard audit fee for the period of January 1, 2017 to March 31, 2019 was $ 4,500.
·We will audit and report on the statement of financial position of the Niagara Falls Public
Library Board as at December 31, 2019 and the statements of operations and accumulated
surplus, cash flows, and change in net financial assets for the year then ended.
The standard audit fee for the fiscal year ended December 31, 2018 was $ 7,800.
Additional services in the amount of $ 1,400 were also charged.
·We will audit and report on the statement of financial position of the six City of Niagara
Falls Business Improvement Areas as at December 31, 2019 and the statements of
operations and accumulated surplus, cash flows, and change in net financial assets for the
year then ended.
The standard audit fees for the fiscal year ended December 31, 2018 in total were $ 16,400.
Additional services in the amount of $ 5,000 were also charged.
Page 41 of 52
Page 128 of 361
·We will audit and report on the statement of financial position of the Niagara Falls
Convention and Civic Centre Inc. as at December 31, 2019 and the statements of
operations, changes in net assets and cash flows for the year then ended.
The standard audit fee for the fiscal year ended December 31, 2018 was $ 17,350.
Additional services of $ 9,300 were also charged.
·We will consolidate the audited financial statements of Niagara Falls Hydro Holding
Corporation as at December 31, 2019 on a modified equity basis. The financial statements
of Niagara Falls Hydro Holding Corporation will be audited and reported on by KPMG
LLP. We will be placing reliance on these audited financial statements.
·We will issue a management letter for the Municipality and the Public Library Board, each
Business Improvement Area for the year ended December 31, 2019.
·We will review the material required to be published under Section 83(3) of the Municipal
Act.
Audit Approach
The following is a summary of the audit approach of Corporation of the City of Niagara Falls,
Ontario for the year ended December 31, 2019. This list is not meant to be all inclusive, nor in any
way to restrict the communication of other matters.
General approach to the audit:
Our audit approach for the Corporation of the City of Niagara Falls, Ontario is customized and
modified as necessary to ensure that all aspects of the engagement are covered effectively. Our
engagement can be divided into the following major segments:
Segment One - Planning: We prepare a detailed audit planning guide, which among other things
includes a review of the prior years working papers, management letters, correspondence, etc. to
ensure that all matters documented for follow-up in the previous audit are addressed in the current
year.
Segment Two - Year-end Substantive Procedures: Year-end substantive procedures are essentially
the verification of various consolidated financial statement balances. The time required and the
extent of these procedures are based largely on the results of our audit plan and supporting working
papers available to the audit team. In most cases certain substantive procedures may be performed
satisfactorily in conjunction with the client's preparation of related working papers.
We will request written representations from your lawyers as part of the engagement if lawsuits are
outstanding.
As part of our audit, a letter of representation is requested from management. This will confirm
that management is cognizant of their responsibility to disclose issues that may be material to
financial statement presentation
Areas of the financial statements as having a high risk of material misstatement:
Areas of audit have been assigned a risk rating from low to medium. We do not feel that they
warrant further discussion at this time.
Page 42 of 52
Page 129 of 361
Materiality and audit risk levels on which the audit is based:
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in
the consolidated financial statements. Therefore, our audit will involve judgement about the
number of transactions to be examined and the areas to be tested. Also, we will plan and perform
the audit to obtain reasonable assurance whether the consolidated financial statements are free from
material misstatement.
However, because of the concept of reasonable assurance and because we will not perform an
examination of all transactions, there is a risk that material errors, irregularities, or wilful or
accidental violations of law and regulations including fraud or misappropriation, may exist and not
be detected by us. We will advise you however, of any matters of that nature that come to our
attention.
For purposes of our audit, we have established a preliminary materiality figure of $ 3,400,000.
How matters requested by the Members of Council during the planning process affected the
planned nature and scope of the audit, including any extensions of its scope requested by the
Members of Council or management:
We have not received any requests from the Members of Council to extend the scope of our audit
work. Please feel free to bring any additional areas of concern to our attention.
Use of specialists:
Reliance will be placed on the actuarial reports for Post-Employment Benefits, Accumulated Sick
Leave, WSIB Schedule II Future Liability and Vacation Pay Benefits as prepared by Nexus
Actuarial Consultants Ltd. These actuarial valuations were updated for the year ended December
31, 2019. The next requirement for updated actuarial valuations is for the year-ending December
31, 2022.
Timing of the audit:
The timing of our audit engagement is as follows. Audit planning and interim testing will take
place over a four week period in September 2021. Final fieldwork will take place over a six week
period commencing in October 2021 provided staff is ready for us.
Scheduled meeting with the Director of Finance to approve the consolidated financial
statements and the date of the auditors' report:
We will meet with the Director of Finance to discuss the consolidated financial statements and
results of our audit, the management letter, and any other issues that need to be addressed. At this
point, we will request that the Director approve the audited consolidated financial statements. This
will be the date on our auditors' report for which we express our opinion on the audited
consolidated financial statements.
Page 43 of 52
Page 130 of 361
Engagement Team
The engagement team will consist of: Christine Morrow CPA, CA, Engagement Manager and Mark
Palumbi, CPA, CA, LPA, Engagement Partner. The engagement manager will be responsible for
the day to day provision of professional services and supervision of the review process. The
engagement partner holds a Public Accounting License issued by CPA Ontario and is responsible
for the engagement and its performance, and for the report that is issued on behalf of the firm.
This report is intended solely for the use of management within Corporation of the City of Niagara
Falls, Ontario and should not be used for any other purposes.
We look forward to discussing with you the matters outlined in this letter as well as other matters
that may be of interest to you.
Yours very truly,
CRAWFORD SMITH & SWALLOW
CHARTERED PROFESSIONAL ACCOUNTANTS LLP
Page 44 of 52
Page 131 of 361
@111CRAWFORD
SMITH &
SWALLOW
Chartered Protesslonal Accountants LLP
4741Queen Street
Niagara Falls,Ontario L2E2M2
r 905 356 4200 /'
F 905 356 3410 /’
February xx,2022
Mayor Jim Diodati and Members of Council
Corporation of the City of Niagara Falls,Ontario
4310 QueenStreet
Niagara Falls,Ontario
L2E 2L1
Re:Audit of 2019 Consolidated Financial Statements
Dear Mayor Jim Diodati and the Members‘ofCouncil:
We have now completed our examinationofthe consolidated?nancial statements of the
Corporation of the City of Niagara Falls,’Qn‘tario(the “Murticipality”)for the year ended
December 31,2019.As stated in our report datedFebruary xx,2022 addressed to the Members of
Council,Inl1abitantsandRatepayers of the‘=_City,the objective of our audit was to express an
opinion on the consolidated ?nancialstatements andour audit includedconsiderations of internal
controls relevantto our audit to obtain r'easonab_leassurance that the consolidated ?nancial
statements were‘freeofmaterialmisstatements.?,ZOuraudit was not designed for the purpose of
expressing ariopiiiionon theeffectiveness of internal controls or for identifying all signi?cant
de?ciencies thafmay exist.’Accordingly,our audit would not usually identify all such matters that
may be of interestto you andit is inappropriate to conclude that no such matters exist.
In accordance withCAS265of theCPA Canada Handbook,Assurance,the auditor is required to
communicate tothosechargedwith governance and management de?ciencies in internal control
that the auditor hasidentified during the audit and that,in the auditor's professional judgment,are
‘of suf?cient importancetomerit their respective attentions.
if
—We‘arepleased to reportthat during the course of our audit of the Municipalityfor the year ending
December 31,have found nothing of a signi?cant or
t ‘
We have previously reported the following items which are still unresolved:Page 45 of 52Page 132 of 361
_2 _
Contracts —December 31,2014
As part of our audit procedures,we regularly request backup documentation related to certain
transactions from Finance department staff.In certain instances,a contract or other documentation
was forwarded to us for review by way of another department.After reviewing the
documentation,we found that had this been provided to Finance department staffwheninitially
received or generated,the accounting treatment for these transactions may have been different.
We recommend that all contracts generated/signed/receivedby all departments«b/eforwarded to the
Finance department for review and determination of the impact,if any,’on theaccounting records
of the Municipality and to be kept for future reference.A
Infrastructure Documentation From the Engineering Department—December 31,2014
In a prior year we noted as part of our testing of the ?xed assetcycle that informationrelated to
capital project completion dates were not being forwarded to the Finance department in a timely
manner.This has an impact on the accounting for tangible capital assets,speci?cally,when work
in progress is to be capitalized and depreciated.
This communicationis prepared solely for the information of the’Municipalityandisnot intended
for any other purpose.We accept no responsibility to a third party that relies on this
communication.
We would like to take this opportunityto thankthe staff for all their assistance and co-operation
during our audit.Should you wish to discussthe above matters further,please contact our of?ce at
your convenience,‘‘
-
Yours very truly,
CRAWFORD sMrrH &svi‘/ALiLow
CHARTERED PROFESSIONAL ACCOUNTANTSLLPK
/
\
Mark Palumbi,CPA,CA
Engagement Partner
,
yMP*Cpm _
g
,_
gPage 46 of 52Page 133 of 361
@111CRAWFORD
SMITH &
SWALLOW
Chartered Prolesslonal Accountants LLP
4741Queen Street
Niagara Falls,Ontario L2E2M2
T 905 356 4200
F 905 358 3410
February xx,2022
Members of Council
Corporation of the City of Niagara Falls,Ontario
4310 QueenStreet
Niagara Falls,Ontario
L2E 6X5
Dear Members of Council:
The following is the communicationof inattersarising from the audit of Corporation of the City of
Niagara Falls,Ontario for the year endedDecember31,2019 required under Canadian Auditing
Standards 260 and 265 of the CPA CanadaHandbook.This list/isnot meant to be all~inclusive,
nor in any way to restrict the communicationofothermatters.
Completion of ExternalAudit
The responsibilities"of the aud/it’ors’inrelation tothe?nancial statements is to form and express an
opinion on the?nancialstatements which have beenprepared by management with the oversight of
those chargedwithgovernance.The audit of the financial statements does not relieve management
or those charged with goyemanceoftheir responsibilities.We have expressed an unquali?ed
opinion as to whetherthe?nancial statements present fairly in accordance with Canadian public
sector accountingstandardsthe?nancial position,results of operations,cash ?ows and change in
x_Fraud ‘*31
net ?nancial assetsofthe‘Munic_ipality.
The audit was condzie{ed?‘orii-Ociober7,2020 to February xx,2022.
,!
Auditors‘ResponsibilitiesRelating to Fraud in an Audit of Financial Statements,CPA Canada
HandbookCAS ‘240’,de?nes fraud as “an intentional act by one or more individuals among
concept,auditor is concernedwith ?audulent acts that cause a material misstatement in the ?nancialstatements;Misstatementof the ?nancial statements may not be the objective of some frauds,andmisappropriationofassetsmaynotnecessarilyresultinamisstatementofthe?nancial statements.Auditors do not make legal determinationsof whether fraud has actually occurred.Fraud involvingoneormoremembersofmanagementorthosechargedwithgovernanceisreferredtoas"management fraud";?'aud involving only employees of the entity is referred to as "employeefraud".In either case,there may be collusion with third parties outside the entity.Page 47 of 52Page 134 of 361
We con?rmthat there were no ?ndings offraudto communicate to the Membersof Council.
Consideration of Laws and Regulations
Consideration of Laws and Regulations in an Audit of Financial Statements,CPA Canada
Handbook CAS 250 states that the term "non-compliance"means “acts of omissionor commission
by the entity,either intentional or unintentional,which are contrary to the prevailinglaws or
regulations.Such acts include transactions entered into by,or in the name o?theentity,or on its
behalf,by those charged with governance,management or employees.Non~conip1iancedoes not
include personal misconduct (unrelated to the business activities of th_e~entity)by those charged
with governance,management or employees of the entity."As explained inCPA Canada CAS 250,
auditors conducting an audit in accordance with Canadian generally aceeptedauditingstandards
must obtain a general understanding of the legal and regulatory frairreworkapplicable to the entity
and the industry of sector in which the entity operates and howtheentity is complyingwith that
framework.To do this the auditors inquire of management,andwhere appropriate thosecharged
with governance,as to whether the entity is in compliancewithsuch laws and regulations and
inspecting correspondence,if any,with the relevant licensingor regulatoryauthorities.Although
the auditor's are required to remain alert to the possibilitythat otlrer‘auditprocedures applied may
bring instances of non-complianceor suspected non-compliance,-withlawsand regulations to the
auditor's attention,in the absence of identi?ed or suspected‘non-compliance the auditors are not
required to perform audit procedures regarding the entity's compliancewith laws and regulations.
We con?rmthat no evidence which indicatesnon-compliance with lawsand regulations was
found.K ~
Weaknesses in Internal Control
Internal Control in the Context of an Audit,/CPACanada Handbook CAS 265,provides the
following guidanceconcerningthecommunicationof signi?cant weaknessesin internalcontrol:
CPA Canada HrmdbookCAS1265_.11In coriductirigthe audit,the auditors would consider only
those "internal controls relevanttd the preparatio‘nof the ?nancial statements in order to design
audit proceduresthat are appropriatein the circumstances,but not for the purpose of expressing an
opinion on\th_eeffectivenessof internalcontrol".An audit is not designed to consider whether
internal controlis adequatefoi‘management's purposes.Consequently,the auditors would only
identify weaknessesininternal control that come to the auditors‘attention during the ?nancial
statement audit.Theauditorsmay not identify all the weaknesses that exist.A weakness in
"internal control is a de?ciencyin the design or effective operation of internal control.The
identi?cationof weaknessesinxjnternal control is in?uenced by matters such as the auditors’
assessment of materiality,the\auditors'preliminaryassessment of the components of audit risk and
the audit approach usedby the auditors.For example,if the auditors use a substantive audit
-approach for a particular?nancial statement assertion,they will not perform tests of controls in this
area.Therefore the.‘auditors’knowledge of controls in this area will generally be limited.
Acc’or\dingly,the «auditorswill not have a detailed knowledge of the control systems that enhance
“'’A de?ciencyexists when,a control is designed,implementedor operated in such a way that it isunabletoprevent,or detect and correct,misstatementsin the financial statements on a timely basisoracontrolnecessarytoprevent,or detect and correct,misstatements in the ?nancial statementsonatimelybasisismissing.A signi?cant de?ciency exists when a de?ciency,or a combinationofde?ciencies in internal control,is of suf?cient importance to merit the attention of those chargedwithgovernanceintheauditor's professionaljudgment.The matters being reported are limited tothosede?ciencies of sufficient merit to be reported to those charged with governance.Page 48 of 52Page 135 of 361
Please referto the management letter issued for furtherdetails about any de?cienciesidentified
a'uring the audit.
Related Party Transactions
As explained in Related Parties,CPA Canada Handbook CAS 550,auditors conducting an audit in
accordance with generallyaccepted auditing standards may identify related party transactions which
are not in the normal course of operations and which,in the auditors‘professional judgement,
involve signi?cantjudgements by management concerning measurement or disclostire.
We con?rmthat no such transactions requiring the Members of Councilptobe informedwere
identifiedduring the audit.We also con?rmthat the Municipality has_,adeqt/atecontrols in place
to identify related party transactions.,\.,
Signi?cant Accounting Principles and Policies
The auditors should determine that the Members of Council ar/ellinforinedabout:
(a)the initialselection of and changes in significant accounting policies,includingthe adoption
of new accounting pronouncements,which encompass thespeci?c principles and their
method of application;
/.
(b)the effect of signi?cant accounting policies in coiitroversialor emerging areas,or those
unique to an industry;’i
(c)the existence of acceptable alternativepoliciesand methods,and the acceptability of the
particular policy or method used._bymanagement;.
‘
(d)the extent to which the financial istatenients,-areaffectedby unusual transactions (including
non-recuiring amounts recognized du_rjngthe period)and the extent to which such
transactions are separatelydisclosedthe ?nancial statements;and
(e)the effect of thetiniingxbiftransactionsinrelationtotheperiod in which they are recorded.
We con?rmthat/,therewere nochangesto significantaccounting policies during the year that
should be eomm"ztnic(/tezltothe Members ofCouncil.
ManagemeiitidudgementsyandAccounting Estimates
The auditors sliould-dgetermjnethattheMembers of Council are informed about:
"/(a)the __issues_invo'1ved,\andrelated judgements made by management,in formulating
particularly“sensitiveaccountingestimates and disclosures(for example,disclosuresrelated
to goingconcern,subsequentevents and contingency issues);
(b)the basis £6}theauditors’conclusionsregarding the reasonablenessof the estimatesmade bymanagementin/ltliecontext of the ?nancial statements taken as a whole;
(0)‘therisksofmaterialmisstatementfrom estimates;
(e)affecting asset and liability carrying values,including the entity's basis fordeterminingusefullivesassignedtotangibleandintangibleassets;(f)the timing of transactions that affect the recognition of revenues or avoid recognition ofexpenses;and(g)disclosure of estimationuncertainty in the financial statements.We con?rmthat all management judgements and accounting estimates observed during the coursePage 49 of 52Page 136 of 361
ofthe audit were reasonable and supported by appropriate documentation.
Financial Statement Disclosures
The auditors should determinethat the Members of Council are informed about:
(a)the issues involved,and related judgements made,in formulating particularly sensitive
financial statement disclosures;
(b)the overall neutrality,consistency,and clarity of the disclosuresin the ?nancialstatements;
(c)the potential effect on the ?nancial statements of signi?cant risks,exposures and
uncertainties(such as pending litigation);and '
(d)the selectivecorrection of misstatements.
We con?rmthat there are no other issues as described above to becommunicated to the Members
of Council.'
‘
Other Matters Arising From the Audit
2
In accordance with CPA Canada Handbook CAS 600,iwl1enthe ?nancialstatements of an entity
(primary entity)include ?nancial information from ?nancialstatementsofa component entity (a
subsidiary,investee [other than a portfolio investment],or ‘joint venture;or an entity whose
?nancial information from ?nancial statementsis included with those of the primary entity),the
auditor communicates with the Members of Council those matters relating to the component
entities that in the auditors‘judgement*are_ofsigni?cance in the context of the primary entity as well
as:‘
‘
'
(a)instances where the group engagementteam'sevaluation of the work of a component
auditor gave rise to a concern aboutthequality of that auditor's work;
(b)any limitationsonthegroup audit,forexample,where the group engagement team's access
to informationymayhave beenrestricted;and
’.i --.(c)fraud or suspected fraudinvolvinggroup management,component management,employees
who havesigni?cantroles’in group-widecontrolsor others where the ?aud resulted in a
rnaterialmisstatementofthe group ?nancialstatements.
We con?rmtht/t"thereareno matters of signi?cance related to the ?nancialstatements of a
component entity thatrequire cotmnunication to the Members of Council.
In some cases,inanagementiimaydecideto consult with other accountants about auditing and
accounting matters.'»_When theauditors are aware that such consultation has occurred,the auditors
would communicatewith the Members of Council as appropriate.If the auditors ?nd that thein
,consultation has not ‘occurredinaccordance with Reports on the Application of Accounting
Principles,AuditingStandards or Review Standards,CPA Canada Handbook 7600,this would be
communicatedwiththeMembers of Council.
The auditors with the Members of Council any major issues discussed withmanagementinconnectionwiththeinitialorrecurringappointmentoftheauditors,including,among other matters,discussionsregarding the application of accounting principles and auditingstandards,and fees.We confirmthat there are no major issues in connection with the recurring appointment of theauditor.Page 50 of 52Page 137 of 361
The auditors inform the Members of Council of any signi?cant difficulties encountered while
performing the audit,including signi?cant delays in management providing information required for
the audit,an unnecessarily brief timetable in which to complete the audit,extensive unexpected
effort required to obtain sufficient appropriate audit evidence,the unavailability of expected
information,restrictions imposed on the auditor by management,and management's unwillingness
to make or extend its assessment of the entity's ability to continue as a going.concern when
requested.'’
We note that the timing of the completion and receipt of informationat,the Municipal and
consolidated entity level resulted in difficultiesin the peiformance and timelycompletion of the
audit.’
~
The auditors inform the Members of Council of any signi?cailtiriatfersdiscussed,or subject to
correspondence with management,while performing the audit‘including business conditions
affecting the entity and business plans and strategies that-fnay a?°ect the risks of material
misstatementand written representationsrequested.,,/
Please referto the management letter issuedforfurtherdetailsaboutanysigni?cant matters that
were discussed or communicated with management during thelcourseof the audit.Please see
management's representation letter for written represenmtions requested.
In accordance with CPA Canada HandbookCAS 450,the auditors shall communicate with the
Members of Council uncorrected misstatementsandthe effecttliat they,individually or in
aggregate,may have on the opinionlin‘the auditors‘report.The auditors‘communication shall
identify material uncorrected misstatementsindividually.The auditor shall request that uncorrected
misstatementsbe corrected.,
Please referto management's letter of I'epresentdtiot1for the list‘ofuncorrectedmisstatements not
made by management during the course oftheaudit.We agree with managemen?s assessment
that the e?ects of uncorrected"tnisstatenzents?areimmaterial,both individually and in the
aggregate,to the?nancialstatemetttsasa whole.‘_However,in accordance with the requirements
of CPA Canada-Handbook CAS’450(12),werequest that the Members of Council instruct
managemettt_to havethe uncorrectedmisstatementscorrected.
The auditors informxtheMembers of Council of any other signi?cant matters relevant to the
financial reporting -process including material misstatements of fact or material inconsistenciesin
informationaccompanyingtheaudited ?nancial statements that have been corrected.
,We con?rmthat noqsigny’icant“n2attetsrelevanttothe financialreporting process were identified
during the audit.~_Page 51 of 52Page 138 of 361
We look forward to discussing with you the matters outlined in this letter as well as other matters
that may be of interestto you.
Yours very truly,
CRAWFORD,SMITH AND SWALLOW
CHARTERED ACCOUNTANTS LLP
Page 52 of 52Page 139 of 361
F-2022-09
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
Tax Supported Operating Fund 2020 Budget to Actual
Variance Report (unaudited)
Recommendation(s)
For the information of Council.
Executive Summary
The purpose of this report is to show Council the final draft (unaudited) 2020 budget to
actual results for the Tax Supported Operating Fund explaining any large variances.
Within the attachment, if there is a note number notation to the right of the va riance
column, there is a corresponding explanation to that note number located in the analysis
section of this report. Please refer to this report in conjunction with the attachment.
2020 was an unprecedented year with the COVID-19 pandemic affecting the world.
Effective March 11, 2020 the COVID-19 outbreak was declared a pandemic by the World
Health Organization and has had a significant financial, market and social dislocating
impact. The ultimate duration and magnitude of the COVID-19 pandemic’s impact on the
Municipality’s operations and financial position is not known at this time.
The City of Niagara Falls Council and staff reacted quickly to the COVID -19 Pandemic,
rushing in fiscal relief measures for our taxpayers, ratepayers and customers on M arch
20, 2020 in an attempt to alleviate the immediate pressure to pay municipal bills while
individuals and businesses awaited further funding announcements from the Federal and
Provincial governments. Many of those decisions, along with mandated closures of the
Casino and municipal recreation facilities resulted in large variances, particularly in our
revenues as will be further explained in the analysis section.
Background
Over the past few years, Council has expressed a desire to view actuals in conjun ction
with the budget. While it would not be overly useful to see 2021 actuals to date as many
re-allocation and year end entries are still required, staff feel it is appropriate to share the
unaudited 2020 budget to actual results of the Tax Supported Ope rating Fund. A similar
report for 2021 will follow as soon as year end work is completed. As noted previously the
finance department continues its efforts in order to become more current in its financial
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reporting and analysis. It is anticipated that in 2023 we will be able to provide more timely
financial information.
Analysis
Attachment 1 contains the overall Tax Supported Operating Fund 2020 budget to actual
results (unaudited).
Revenues
1. Overall Revenue has an unfavourable difference of $24,210,870 or 16% under
budget with a budget of $147,462,262 and actuals of $123,251,39 2. This $24.2M
variance will be explained below.
2. Taxation City General and Urban has a favourable variance of $914,000 or
1.3% over budget. This is due to supplemental tax billings that are not known at
the time of budget creation.
3. Federal Grants have a favourable variance of $188,000 with a budget of
$739,230, representing the FedDev grant for the Niagara Falls Ryerson
Innovation Hub, and actual revenues of $927,236. The actuals contained two
unexpected grants:
o $35,282 for our Canada Day celebrations and;
o $112,600 COVID grant for the Museum.
4. Provincial Grants have a favourable variance of $4,113,000 with a budget of
$813,206 and actual grants of $4,926,334. The City was fortunate enough to
receive:
o $3,905,400 in Municipal Operating Stream funding for use in 2020 and
used the entire amount. The City also received $466,000 in Municipal
Operating Stream funding for use in 2021.
o $1,939,258 in Safe Restart Funding specifically for Transit and used
$771,479 in 2020.
The remaining grant money is available for use in 2021.
5. Other Municipalities have an unfavourable variance of $579,000 or 17.5% due
to less inter-municipal transit (IMT) services running due to COVID. As a result
there were also offsetting expense savings related to IMT.
6. Cafe Sales have an unfavourable variance of $24,000 or 68% due to Coronation
Centre closing March 2020 for the remainder of the year. There are offsetting
savings in Goods for Resale.
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7. The Casino had to close its doors March 17, 2020 for the remainder of the year
due to Provincial mandates related to the pandemic. As a result, the Casino
revenue received was $3,979,214 versus the $23,000,000 budget. This resulted
in an unfavourable variance of $19,020,786 that had the following impact:
o Only $1,050,000 (one quarter) of the $4,200,000 budget for Casino
policing was paid to the Niagara Region.(Please note that in January 2022
the Niagara Region Police, Niagara Region and the City have come to an
agreement to adjust payments to reflect the decreased revenue from the
Casino for 2020, 2021 and 2022).
o $592,620 was available to be transferred as per budget to the Niagara
Falls Ryerson Innovation Hub (NFRIH) representing the City portion of
funding to match approved FedDev grant contribution s.
o $116,393 was available to be transferred as per the capital budget to the
Niagara District Airport Capital request.
o None of the $12,905,000 budget transfer to capital reserves was able to
be made.
o After accounting for the above mentioned transfers (Casino policing,
NFRIH funding and Airport Capital) only $2,220,201 was available to
offset the budgeted tax subsidy of $5,895,000. This left an overall
unfavourable variance in the operating fund, related to the casino revenue
of $3,674,799.
8. Investments have an unfavourable variance of $1,002,000 or 34%. Due to
COVID, bank interest rates plummeted from 2.3% to 0.8% effective April 2020 for
the remainder of the year.
9. Licences have an unfavourable variance of $131,000 or 41% as due to the
pandemic many businesses did not renew their licence and very few new
business licence applications were received.
10. Other Revenue has an unfavourable variance of $3,531,000 or 45% due to
COVID. Specifically:
o The Municipal Accommodation Tax (MAT) is collected by the City from the
hotels/motels and 95% is then given to Niagara Falls Canada Hotel
Association (NFCHA) with the City keeping 5% as an administration cost.
Money collected from accommodation providers is budgeted in “Other
Revenue” for $4,000,000 and the money given to NFCHA is budgeted in
“External Transfers” for $3,800,000. As COVID caused travel to
significantly decrease, money collected from hotels/motels was drastically
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reduced with actual MAT revenue collected of $1,460,000 resulting in a
$2,540,000 variance related to MAT.
o Development revenue was budgeted as $801,000 with actuals of $11,500
resulting in a variance of $790,000 as there was a change in process
adopted to deferring revenue related to future development -related work.
A large part of the revenue brought in during 2020 relates to future work
and as such was deferred.
11. Penalties and Interest has an unfavourable variance of $251,000 or 12% as
Council decided not to charge any penalty and interest for the five months April
through August 2020 and reduced interest from 1.25% per month to 0.50% per
month for October through December as a COVID relief to taxp ayers.
12. Provincial Offences Act has an unfavourable variance of $83,000 or 55% due to
courts having to change the manner in which they operated due to COVID.
13. Rents have an unfavourable variance of $86,000 or 29% as recreation facilities
closed for periods of time during 2020 due to Provincial orders and thus no rent
was charged to existing vendors and no new spaces or meeting rooms were
available to rent for 2020 as many were used to accommodate Municipal Staff
social distancing.
14. Sales have an unfavourable variance of $488,000 or 49% mainly due to GO transit
not buying the volume of fuel they would normally purchase. As a result there is
also an offsetting savings in Goods for Resale.
15. User fees have an unfavourable variance of $2,197,000 or 36% due to COVID.
Specifically transit user fees were under budget $1,321,000 due to free transit rides
until June 2020 and reduced ridership thereafter. Arenas came in under budget
$781,000 due to mandated facility closures.
16. Transfers from Special Purpose Reserves/Reserve Funds have a net
unfavourable variance of $3,463,000 or 51% under budget.
▪ WEGO contained a budgeted line item for a $707,000 transfer from
reserve funds. This entry was not made at year end resulting in an
unfavourable variance of $707,000 for this line item.
▪ Casino Policing contained a budgeted line item for $4,200,000 with
a transfer of only $1,050,000 being made due to the Casino being
closed for ¾ of the year. This resulted in an unfavourable variance
of $3,150,000 for this line item.
▪ Unbudgeted transfers from reserves relating to development
totalled $420,000 resulting in a favourable budget variance.
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17. Internal Rent has a favourable variance of $1,160,000 or 27% as actual
expenses related to repairs and maintenance were higher than estimated due to
an aging fleet. As a result of the higher expenses, more rent was recovered from
departments and on the expense side there was also a favourable variance as
the transfer to the fleet replacement special purpose reserve was $2,024,000
versus the $999,000 budgeted.
Expenses
18. Overall expenses have a favourable variance of $24,226,632 or 16% under
budget with a budget of $147,462,262 and actuals of $123,235,630. This $24.2M
variance will be explained below.
19. Labour and Benefits have a net favourable variance of $5,175,000 or 8% under
budget. There were many variances both under and over budget throughout the
year concerning labour and benefits, most often due to layoffs and staff not being
recalled as early as usual as a COVID mitigation in addition to vacancies, new
positions not immediately filled and capital staff of $999,000 being recorded in
capital (budget for this was in the “to capital” line).
20. Overtime has an unfavourable variance of $459,000 or 41% over budget. This is
largely due to Fire Services which accounts for $707,000 of this variance due to
staff on leave. Fortunately overtime savings were found in other areas, such as
$115,000 in roadways and winter maintenance, $27,000 in fleet, $61,000 in Transit
and $50,000 in recreation facilities savings.
21. Materials have a favourable variance of $1,707,000 or 14% under budget due to
COVID cost cutting measures. The largest variance is transit savings of $855,000
which is mainly savings in fuel.
22. Professional Development, Advertising and Conferences are all under budget
due to COVID cost cutting measures with favourable variances of $243,000 (70%),
$101,000 (43%) and 144,000 (88%) respectively
23. Goods for Resale have a favourable variance of $597,000 or 76% under budget
due to Transit diesel sales for GO Transit declining significantly due to COVID.
There is a corresponding budget variance in sales related to this item as well.
24. Utilities have a favourable variance of $424,000 or 12% mainly due to recreation
facility closures throughout the year as mandated by the Province as well as the
Service Centre being closed for most of 2020 while renovations were ongoing.
25. Contracted Services have a favourable variance of $2,232,000 or 12% under
budget. There were many variances both under and over budget throughout the
year concerning contracted services. The largest variances are as follows:
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• Casino policing under budget $3,150,000. Offsetting
variance in revenue area as well.
• Emergency measures over budget due to COVID of
$284,000
• Legal services over budget $633,000 due to external
counsel being required while the City searched for a full time
Solicitor.
26. Rents and Financial Expenses have an unfavourable variance of $461,000 or
49% mainly due to $121,000 emergency measures spending related to COVID
and $247,000 unbudgeted spending in Inter-Municipal Transit (IMT) to rent buses
for the IMT service.
27. External Transfers have afavourable variance of $2,339,000 or 47% under
budget. This is due to the Municipal Accommodation Tax as explained in number
10, “Other Revenue” above.
28. Internal Rent – see number 17 above.
29. Transfers to Capital have an unfavourable variance of $999,000 or 31% over
budget. This is related to the transfer of engineering staff to the capital budget
which was originally budgeted as a $999,000 reduction in the transfer to capital.
When staff prepared the entry it was realized the correct way to record it would be
as an offset to the labour account which accounts for $999,000 of the labour and
benefits variance.
30. Transfers to Reserves/Reserve Funds have a net favourable variance of
$14,033,000 or 77% under budget. This is largely related to the following:
o Casino revenue losses which meant not being able to
transfer either $15,315,000 of Casino revenue that
was planned for capital ($12.7M) or the Policing costs
($3M).
o Due to higher internal rent charges the City was also
able to reserve $2M to the Fleet Replacement
Reserve which is $1M more than was budgeted.
Surplus/Deficit
31. Per the City’s 2019 financial statements there is an accumulated surplus of
$299,386 in the tax supported operating fund. Staff have left a small surplus of
$15,762 in the tax supported operating fund for the year ended December 31, 2020
which will bring the accumulated surplus to a total of $315,148.
Financial Implications/Budget Impact
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Financial implications have been communicated above in the analysis section.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources, and by making sound
long-term choices that allow core City programs and services to be
sustainable now and into the future.
2. To be efficient and effective in our delivery of municipal services and use
of resources, and accountable to our citizens and stakeholders.
List of Attachments
F-2022-09 Attachment 1 - Tax Supported Operating Fund 2020 Budget to Actual
Results (unaudited) AGENDA
Written by:
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Jason Burgess, CAO Approved
- 31 Jan
2022
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TAX SUPPORTED OPERATING FUND ‘Z/s.Nia ara a Is2020BudgettoActualComparisong
(Over)lUnder Variance
Budget Actuals Budget (Over)lUnder
2020 2020 $%
REVENUES
Taxation City General and Urban 70,486,052 71,400,356 (914,304)(1.30%)[2]
Taxation Waste Management 7,465,141 7,589,936 (124,795)(1.67%)
Taxation Other Charges 11,000 1,149 9,851 89.55%
Payment in Lieu of Taxation 7,178,041 7,305,922 (127,881)(1.78%)
Taxation 35,140,234 86,297,363 (1,157,129)(1.36%)
Federal Grants 739,230 927,236 (188,006)(25.43%)[3]
Provincial Grants 1 813,206 4,926,334 (4,113,128)(505.79%)'4]
Grants 3 55,000 96,721 (41,721)(75.86%)
Other Municipalities i 3,305,500 2,725,948 579,552 17.53%_5]
Grants 5 4,912,936 ,8,676,239 (3,763,303)(76.60%)
Café Sales 35,000 11,101 23,899 68.28%'6]
Casino ]23,000,000 3,979,214 19,020,786 82.70%'7]
Donations 46,000 ‘54,083 (8,083)(17.57%)
Fines 1 500 0 500 100.00%
Investments 2,940,600
,
1,938,651 1,001,949 34.07%8]
Licences 321,000 189,868 131,132 40.85%_9]
Other Revenue 7,764,342 4,233,039 3,531,303 45.48%[_1O]
Penalties and Interest 3 2,010,000 1 1,758,935 251,065 12.49%11]
Permits 1,802,000 1,783,485 18,515 1.03%_
Provincial Offences Act (150,000 66,889 83,111 55.41%12]
Rents ]299,567 213,162 86,405 28.84%'13]
Sales 999,900 511,883 488,017 48.81%14]
Service Charges ,6,250 4,131 2,119 33.91%
User Fees 1 6,037,855 3,840,854 2,197,001 36.39%[15]
Miscellaneous Revenue ,45,413,014 18,585,294 26,827,720 59.07%
From Special Purpose Reserves ;4,926,210 2,285,057 2,641,153 53.61%[16]
From Reserve Funds ;1,825,916 1,003,861 822,055 45.02%[16]
From Gas Tax Reserve Fund '532,000 532,000 0 0.00%
From Development Charges 1,663 1,663 0 0.00%
From City Operating (Indirect Costs)i 380,790 380,790 0 0.00%
From City Operating (Internal Rent)1 4,329,499 5,489,125 (1,159,626)(26.78%)[17]
Internal Transfers 1 11,996,078 ‘9,692,497 2,303,581 19.20%
TOTAL REVENUE i 147,462,262 3 123,251,392 24,210,870 16.42%[1]Page 8 of 9Page 147 of 361
TAX SUPPORTED OPERATING FUND
2020 Budget to Actual Comparison
//
Niaigara?‘
A
Is
r «nu
(Over)lUnder Variance
Budget Actuals Budget (Over)IUnder
2020 2020 $%
EXPENSES
Labour 51,310,841 46,543,219 4,767,622 9.29%[19]
Employee Benefits Allocation 13,570,178 13,162,452 407,726 3.00%[19]
Overtime 1,120,389 1,579,636 (459,247)(40.99%)[20]
Labour and Benefits 66,001,406 61,285,307 4,716,101 7.15%
Materials 12,349,592 10,642,792 1,706,600 13.82%[21]
Professional Development 344,233 100,790 243,443 70.72%[22]
Advenising/News Release 236,100 135,345 100,755 42.67%[22]
insurance Premiums 1,730,271 1,866,395 (136,124)(7.87%)
Conferences/Conventions 163,755 19,515 144,240 88.08%[22]
Goods for Resale 785,700 169,033 596,667 75.94%[23]
Membership/Subscriptions
‘
150,102 ‘84,885 65,217 43.45%
Office Supplies 146,372 ‘97,226 49,146 33.58%
Materials ,15,906,125 13,135,982 2,770,143 17.42%
Electricity 2,445,300 2,250,149 195,151 7.98%
Water 577,760 430,743 147,017 25.45%
Natural Gas 1 500,600 1 418,585 82,015 16.38%
Utilities 3,523,660 3,099,478 424,182 12.04%[24]
Contracted Services 1 18,762,784 16,530,371 2,232,413 11.90%[25]
H&S Compliance j 49,000 0 49,000 100.00%
Snow Plowing ;155,000 89,603 65,397 42.19%
Fees for Service 1 6,715,015 6,609,502 105,513 1.57%
Contracted Services ;25,681,799 23,229,477 2,452,322 9.55%
Rents and Financial Expenses 1 932,721 1,393,369 (460,648)(49.39%)[26]
Long Term Interest 1,770,519 1,804,878 (34,359)(1.94%)
Long Term Debt Principal 2 3,266,645 3,266,645 (0)(0.00%)
Debt Charges l 5,057,164 5,091,524 (34,360)(0.68%)
External Transfers ‘4,986,960 2,647,964 2,338,996 46.90%[27]
Internal Rent 3,796,067 1 4,809,789 (1,013,722)(26.70%)[231
l
‘To Capital Special Purpose Reserves 0 0 0 #DlV/0!To Reserve Funds ,1 17,105,000 1,789,230 15,315,770 89.54%[30]To Special Purpose Reserves 999,169 2,281,844 (1,282,675)(128.37%)[30]Internal Transfers 1 25,372,425 13,352,530 12,019,895 47.37%lTOTALEXPENSES 147,462,262 123,235,630 24,226,632 16.43%[18]Surplusl(Deficit)0 I 15,762 15,762 #DIVl0![31]Page 9 of 9Page 148 of 361
L-2022-01
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
Encroachment Agreement with the City - 5731 Victoria
Avenue
Recommendation(s)
1. In the event that Council determines it is in the best interest of the public to do
so, that Canna Cabana Inc. (the “Owner”) be permitted to replace the existing
partial encroachment and be allowed the continued use and maintenance of a
new encroachment onto the City’s laneway, being a portion of Centre Street
Laneway and appurtenant to the building located at 5731 Victoria Avenue, as
shown in Schedules “A” 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 City Clerk be authorized to execute the required
Encroachment Agreement.
3. That the City Solicitor is authorized to register the Encroachment Agreement on
title to 5731 Victoria Avenue and the applicable parcel for the affected portion of
Centre Street Laneway in the Land Registry Office.
Executive Summary
Richard Ziegler Architect Inc. has made an application on behalf of the Owners, to request
that it be permitted to replace the existing partial encroachment and be allowed th e
continued use and maintenance of the new encroachment onto a portion of the Centre
Street Laneway (the “Encroachment”), by way of entering into an Encroachment
Agreement with the City.
The existing encroachment consist of part of the building, specifically the fire escape as
shown on Schedules “A” and “B”.
Background
In 2009 this laneway was closed and declared surplus. There were plans to convey the
laneway to the three abutting land owners at that time, however, a mutual right -of-way
over the laneway was required and two of the owners, could not agree on the terms of
the right-of-way. The laneway remains the ownership of the City.
The Owner purchased 5731 Victoria Avenue in June, 2019 and is planning to renovate
the building so that the first and second floors can be used as a cannabis retail store and
the third floor for future office use. The Owner submitted an application for a building
permit to remediate the north wall of the building, as it is badly deteriorated and the
Page 1 of 5
Page 149 of 361
existing fire escape as it is in unsafe conditions. When the replacement of the fire escape
was reviewed by the Building Department, it was discovered that the new fire escape
structure would encroach onto our laneway.
The remediation work being done by the Owner will include a new fire escape which will
conform with the latest requirements of the OBC Division B. Section 3.4.7, demolishing
of the north wall and the construction of a new concrete masonry wall with metal s iding
and new foundation wall. The architect has advised that the new fire escape structure
will project out of the new face of the building by 0.7 metres and the entire length of the
fire escape will be 10.2 metres as shown on Schedule "B". The existing fire escape
projects out further than the new proposed fire escape.
Circulation Comments
Information about the request to permit the replacement and continued use of the
Encroachment was circulated to City departments for comment. The following
summarizes the comments received to date:
• Fire Services
No comments as to the right-of-way. The area of the building that the fire escape
services or is required for, must be installed for the area in the building to be occupied.
• Planning Department
No objections or concerns.
• Municipal Works
No objections or concerns.
• Transportation Services
No concerns with the requested encroachment into the Centre Street laneway to
permit the construction of a fire escape. Prior to construction, a Road Occupancy Permit
may be required from Municipal Works, which will include conditions and limitations for
this work; including but not limited to, maintaining accessibility and pedestrian facilities on
Centre Street, no impacts to vehicular movements, no storage of materials, equipment,
dumpsters, etc. on City right-of-way during the peak summer season, and permitted hours
of work.
Analysis
The Encroachment Policies and Procedures Section 600.03 will require the Owner to pay
for the cost of preparing the encroachment agreement ($500.00) together with
disbursements relating to a search of title and registering on title to the properties and all
costs associated with preparation and deposit of a reference plan. The requirement of a
reference plan will assist the City in ensuring that no additions, alterations or expansions
Page 2 of 5
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are made to the Encroachment, and, will provide subsequent purchasers/owners of the
property effective notice of the Encroachment's type, location and dimensions.
Section 600.03 also allows for the payment of an annual fee to permit the encroachment
as set by the City from time to time. There is currently no set schedule for annual
encroachment fees, and, such annual fees are set on a case by case basis as deter mined
by the City Solicitor. The Finance Department provided a preliminary list of encroachment
agreements on file to Legal Services in November, 2020, which showed a majority of
these type of minor encroachments at a nominal annual fee (ex. $2.00) collec ted against
the property’s tax roll number (which is another way to notify a property owner/potential
purchaser of the encroachment agreement). At this time, and, in lieu of a more formal
way of determining an annual fee, it is recommended that the encroa chment agreement
provide for a nominal annual fee, which is consistent with past City practices.
The Encroachment Agreement would grant the continuance of the use and maintenance
of the Encroachment by the Owner under terms and conditions as required and approved
by the City Solicitor, including but not limited to, the provision that the continuance o f the
Encroachment as being granted be until such time as the Encroachment are required to
be removed by the City, at the City’s sole discretion.
Financial Implications/Budget Impact
The Owner will be responsible for the costs relating to the reference plan and
encroachment agreement. There will be a nominal annual fee of $2.00 for the
encroachment until terminated.
Strategic/Departmental Alignment
The proposal does not directly impact any of the City’s strategic commitments.
List of Attachments
Schedule A
schedule B
Written by:
Nidhi Punyarthi, Solicitor
Submitted by: Status:
Nidhi Punyarthi, Solicitor Approved
- 31 Jan
2022
Jason Burgess, CAO Approved
- 02 Feb
2022
Page 3 of 5
Page 151 of 361
SCHEDULE "A"Page 4 of 5
Page 152 of 361
SCHEDULE “B”
Page 5 of 5
Page 153 of 361
MW-2022-10
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
Centre Street & Fallsview Boulevard – Temporary Sidewalk
Cafe Reinstallation, 2022 Season
Recommendation(s)
That Council receive for information report MW-2022-10 and direct staff to reinstall the
temporary Sidewalk Cafes on Centre Street and Fallsview Boulevard for the upcoming
2022 sidewalk cafe season; following the same principals, layouts and methods
(concrete barriers) as previously approved in 2021.
Executive Summary
Due to the impacts caused by the ongoing COVID-19 pandemic and resulting public
health measures implemented in Niagara Region by the Ontario Government, the local
hospitality industry continues to be significantly affected by reduced seating and building
capacity regulations. Therefore to help provide relief to this industry, the City of Niagara
Falls, has provided opportunities for restaurants to expand their outdoor seating to areas
within the public realm, including within parking lanes, city boulevards and sidewalks, and
on closed sections of road.
At its meeting on March 2, 2021, Council approved Planning Report, PBD-2021-08, which
amended the Zoning By-law and approved a temporary use by-law to introduce temporary
zoning regulations for outdoor patios and sidewalk cafes until December 31, 2022.
This report is seeking Council approval and direction to reinstall the temporary sidewalk
cafes on Centre Street and Fallsview Boulevard for the 2022 Season. During the 2021
season, no significant concerns were brought to Staffs attention that would prevent the
reinstallations for the 2022 season. Staff will continue to monitor the locations, and adjust,
as required, to ensure acceptable traffic operations and the safety of the general public.
It is anticipated that the installations will be occurring in early-May 2022 to ensure the
restaurateurs have adequate time to install their furnishings prior to the Victoria Day
Weekend; rbe will and are roads the ensure to 2022 emoved October by 31,
unencumbered in the event of early winter weather.
Background
Due to the impacts caused by the ongoing COVID-19 pandemic and resulting public
health measures implemented in Niagara Region by the Ontario Government, the local
hospitality industry continues to be significantly affected by reduced seating and building
Page 1 of 3
Page 154 of 361
capacity regulations. Therefore to help provide relief to this industry, the City of Niagara
Falls, has provided opportunities for restaurants to expand their outdoor seating to areas
within the public realm, including within parking lanes, city boulevards and sidewalks, and
on closed sections of road.
At its meeting on March 2, 2021, Council approved Planning Report, PBD-2021-08, which
amended the Zoning By-law and approved a temporary use by-law to introduce temporary
zoning regulations for outdoor patios and sidewalk cafes until December 31, 2022.
For the restaurants along Centre Street from Victoria Avenue to Ellen Avenue, the City,
in 2021, converted the road to one-way traffic operations. This allowed for additional
roadway and sidewalk cafes widths, while maintaining pedestrian facilities on bot h
sidewalks of Centre Street. One-way traffic flowed from Victoria Avenue to Ellen Avenue.
For the restaurants along Fallsview Boulevard, the City, in 2021, temporarily closed: 1)
the southbound curb lane from Murray Street to Dixon Street; and, 2) the northbound curb
lane from Portage Road to a point 50 metres north. This allowed for the sidewalk cafes
to occupy the entire sidewalk/boulevard area and pedestrian were redirected to a
temporary sidewalk on Fallsview Boulevard. The temporary sidewalks were separated
from the vehicle lanes on approach by concrete jersey barriers and along its length by
metal pedestrian fencing to ensure safety of the general public.
Analysis
Throughout the 2021 sidewalk café season staff managed and inspected the on stree t
patio installations at the subject locations and adjusted the plans to address any concerns
of the public and area businesses. As a result, no significant concerns were noted that
would prevent the reinstallations for the 2022 season. Staff will contin ue to monitor the
locations and adjust and make modifications as required to ensure acceptable traffic
operations and the safety of the general public.
It is anticipated that the installations will be occurring in early-May to ensure the
restaurateurs have adequate time to install their furnishings prior to the Victoria Day
Weekend. Staff is supportive of earlier installation if requested by the restauranteurs.
Similar to the 2021 season, staff are recommending the patios are removed by October
31, 2022 to ensure the roads are unencumbered in the event of early winter weather.
Financial Implications/Budget Impact
During the 2021 sidewalk café season, the decorative concrete jersey barriers were
purchased by the City and utilized for the patio installati ons on both Centre Street and
Fallsview Boulevard. For the upcoming 2022 season, Council approved $25,000 to be
added to 2022 General Purposes Budget account 11 -3-342010-040000 Traffic Control
Services - Contracted Services. These funds will be utilized for the installation and
removal costs of the concrete barriers, and rental of pedestrian fencing. Additional costs
associated with traffic/wayfinding signage, and modifications to the traffic signals
Page 2 of 3
Page 155 of 361
operations are estimated to be nominal and can be carried out by Transportation Services
staff.
Strategic/Departmental Alignment
The recommendations in this report Encourage multi-modal travel and active
transportation initiatives, and enhance motorist, cyclist and pedestrian safety.
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 02 Feb
2022
Jason Burgess, CAO Approved
- 02 Feb
2022
Page 3 of 3
Page 156 of 361
I-I()CC)
FUNBY THE FALLS
NiagaraSl<yWheel-GreatCanadianMidway-NiagaraSpeedway
BostonPizza-StrikeRock11’Bowl0 Kelseys-Wendys-TimHortons
DinosaurAdventureGolf-ZombieAttack-WizardsGolf
FudgeFactory-CanadaTradingCompany0WaxHands'FunFactory
February 2,2022
Bill Matson
City Clerk
City of Niagara Falls
Re:Proposed Centre Street lane closure
The Clifton Hill BIA is strongly opposed to the possibility of extending the road/lane
closure on Centre Street for the Spring,Summer and Fall of 2022.The Clifton Hill
businesses went along with the closure due to the nature of the COVID virus’s impact
for the past 2 years.However,we would not be in support of extending the closure for
another year due to the impact on traf?c.
Also,we do not believe it is good long term policy for the City to favor select businesses
over others with such action.The affected operations on Centre Street have had all
winter to make plans for the future and should take the time remaining to implement
long term solutions and not rely on temporary street closures which have negative traf?c
impact on visitors to Niagara Falls.
We anticipate traffic this summer will start to build back towards historic levels which
would increase the traffic problem and confusion should Centre Street remain closed.
Sincerely,
Clifton Hill BIA
ea,»M /4“’”’/9””
Harry Oakes
Chair
HOCO Limited -4960 Clifton Hill -BO.Box 60 -NiagaraFalls-Ontario -Canada .LZE 658
Telephone:905657-5911 -www.c1i?onhi]l.com -Fax:9056585738
Page 157 of 361
VictoriaCentre BIA
I6815StanleyAvenue
NiagaraFalls,Ontario
L2G3Y9
T:905.357.6222ext.7234
Top0iCliftionHi|l.com
February 7,2022
Dear City Of Niagara Falls Council :
The VCBIAhas discussed the issue of Center street for the 2022 season.The board understands
the businesses on Center street and its lack of space to operate when Covid ~19 happened.As a
result,it worked with businesses and the city to close the street for three business operators
out of its total membership of 186 for the 2020 season to install patios for the restaurant
owners.As there are more than ju'st restaurant operations on the street,the other members
understand the dilemma and supported it.
In the 2021 season the VCBIAfelt that in fairness to the other businesses on the street,that it
would not be fair to close the street again as the attractions and retail operators suffered
‘_duringthe 2021 season.As the VCBIA works for all of it members,after lengthy discussion the
Board Of Directors was not in support of closing the street.
As the City of Niagara Falls has the final say,the council ofthe day rejected the decision and
comprised with a partial closer to a one-way street going north on Center Street.
As the pandemic hopefully is coming to an end,the need for extra patio space for the
businesses on Center street is notneeded to keep there business alive.Once again,the VCBIA
Board.Of Directors spent many hours at its December 7,2021 board meeting and passed a
resolution that stated "for the 2022 season the Center Street be returned to two way traffic as
the closure /one way was a temporary change due to Covid -19 ".
The board of Directors understood the problem in the beginning of Covid -19 and reacted.This
measure was supposed to‘be a temporary measure and not a permanent one.The operators
last year on Center street did not follow thru with their promise as Center street did not look
like a European Café outdoor area.The street remained one way all summer when businesses
the area set VCBIAback five years as it spent years developing and executing and Street ScapePlan,which is currently in Phase 3.The Board of Directors feel the closure or one way of CenterPage 158 of 361
IsaisStanleyAvenue
NiagaraFalls,Ontario
L2G3Y9
T:905.357.6222exi.7234
Top0fC|iftionHi|l.comVictoriaCentreBIA
street was never in its master plan and has caused considerable unsettling of its members in
the entire area.
Last years season often found many cars going the wrong way on the one way street,deliveries
stopped and blocking traffic for long period of times,guests coming off the 420 and into the
VCBIAonly to find the one way street and leaving our area to find other tourist areas thus
losing these guests to our neighboring B|A’s ,and guests confused that the street is still open
and walking on the street area thus being trapped as the construction barriers did not allow
them to get back to the sidewalk,
In conclusion we hope the City of Niagara Falls upholds the VCBIAdecision as it did recently for
the Downtown Queen Street BIA.‘
Erie:Challrman,VCBIA
Cc:Tim Parker
Page 159 of 361
PBD-2022-08
Report
Report to: Mayor and Council
Date: February 8, 2022
Title: 4263 Fourth Avenue Draft Plan of Standard Condominium
Recommendation(s)
1. That the Plan of Condominium for lands known as Part of Stamford Township Lot 76,
Part 1 59R17040, and shown on Schedule 1 to this report (4263 Fourth Avenue), be
draft approved subject to the conditions in Appendix A.
2. That the Mayor or designate be authorized to sign the draft plan as “Approved” 20
days after notice of Council’s decision has been given as required by the Planning Act,
provided no appeals of the decision have been lodged.
3. That draft approval be given for three years, after which approval will lapse unless an
extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City Solicitor.
Executive Summary
2766720 Ontario Inc. is developing a 1.33 ha parcel of land known as 4263 Fourth
Avenue, as a Standard Plan of Condominium. The condominium will allow the individual
ownership of the apartment dwelling units that are currently under construction. A site
plan agreement was registered for the development on May 27, 2021, and Building
Permits have been obtained to start construction. The condominium application is
supported for the following reasons:
• The development complies with Provincial policies and conforms to the Growth
Plan with respect to the effective use of the land and achieves the minimum
density targets in designated Built up Areas;
• The development is in conformity with the City’s Official Plan and Zoning By-law
No. 79-200, as amended and varied and will be compatible with the surrounding
development;
• The Plan of Condominium will allow individual ownership of the dwelling units.
Page 1 of 11
Page 160 of 361
• City’s interests will be addressed through the fulfillment of the conditions
contained in Appendix A.
Background
Proposal
The applicant has applied for a Standard Plan of Condominium on the 1.33 hectare
(3.28 acre) parcel of land known as 4263 Fourth Avenue. Refer to Schedule 1 for the
location of the parcel. A site plan agreement, to develop 8, 3 storey apartment buildings
on the site was registered on the lands for the development on May 27, 2021 and the
apartment buildings are currently under construction. The standard plan of
condominium will permit individual ownership of the 100 apartment dwelling units.
Schedule 2 illustrates the proposed construction.
Circulation Comments
Regional Municipality of Niagara
• No objections, subject to meeting the conditions of site plan agreement
Transportation, District School Board of Niagara
• No objections
Hydro One
• Requested conditions to address matters concerning the abutting hydro corridor.
Fire
• Developer to submit request to have the fire access route designated under
municipal by-law; fire hydrant on-site is private and testing and maintenance
requirements of the Ontario Fire Code are responsibility of property owner.
Analysis
1. Provincial Policy Statement and Growth Plan
The subject lands are located within a Settlement Area under the 2020 Provincial Policy
Statement (PPS) and within the delineated Built-Up area or the City as defined by the "A
Place to Grow - Growth Plan for the Greater Golden Horseshoe" Plan (Growth Plan). The
Growth Plan development encourages intensification generally throughout the Delineated
Built-Up area. The development represents an intensification of land within the
Delineated Built-Up Area and will assist in meeting the City’s intensification targets. In
addition, the development is an efficient use of urban land and will provide additional
housing choices for residents.
2. Official Plan
The subject land is designated Residential in the City’s Official Plan and is located in the
Built up Area. The Official Plan permits development of the land for the apartment
buildings that are currently under construction. Furthermore, the development is of
Page 2 of 11
Page 161 of 361
modest height (3 storeys or 10 metres) and provides am ple setbacks to ensure it is
compatible with surrounding development.
3. Zoning By-law
The subject lands are zoned Residential Apartment 5B Density (R5B-867), by Zoning
By-law No. 79-200, as amended by By-law No. 2009-129. A Minor Variance (A-2020-
033) was granted by the Committee of Adjustment, on October 20, 2020, to reduce the
required side yard width of the raised patio adjacent to the buildings to 4.5 metres. The
minor variance also permitted 8 apartment style buildings on the lot where only 1 i s
permitted.
The development conforms to applicable zoning regulations of the R5B zone, the site
specific zoning by-law and the Minor Variance. There are 140 parking spaces provided
on site.
4. Site Plan
The built form and height of the proposed dwellings will be compatible with the
surrounding dwellings. The developer will be required to enter into a condominium
agreement with the City. The agreement will address any necessary works and warning
clauses.
The site plan agreement was registered on May 27, 2021. The City is holding a Letter of
Credit (LOC) to ensure compliance with the Site Plan Agreement. The LOC will not be
released until all the above ground site servicing and landscape works are complet ed to
the City’s satisfaction. To ensure site works are completed when ownership is transferred
to a condominium corporation, Staff recommend the inclusion of a condition requiring
substantial completion and certification of these site works prior to final plan approval.
Sufficient water, sanitary and stormwater servicing capacity is available and approvals
were received from the City. These items were addressed in the site plan agreement.
Previously an Environmental Site Assessment determined that the re was contaminated
fill on to the property. The site has been remediated, and contaminated fill removed, to
the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP) A
Record of Site Condition determining the land is suitable for residential use, has been
filed with and acknowledged by the MECP. There are no further concerns with respect to
the residential use of the land.
5. Condominium and Conditions of Approval
The proposed condominium will accommodate the intended division of the residential
units under construction into units that can be owned separately. In a standard
Page 3 of 11
Page 162 of 361
condominium each owner is entitled to exclusive ownership and use of the owner's unit.
The owners are also tenants in common of the common areas with undivided interest.
In considering a plan of condominium, Council shall have regard to the matters listed in
Section 51(24) of the Planning Act. The condominium complies to these matters as
follows:
- Compliance and conformity to matters of Provincial interest and the City's Official plan,
and consideration of the suitability of the land for the development were addressed
through the previous zoning by-law approval;
- All site plan matters, including the arrangement of buildings, access, servicing, drainage
and floor control, were addressed through the previous site plan approval;.
- The project is in the public interest as it will provide necessary housing. The
condominium will facilitate ownership of the units that are under construction;
- A public and a separate elementary school are located within 1.2 kilometers (15 minute
walk) of the property. Neither school board has expressed concern about accommodating
students from this development; and
- the development is an appropriate intensification of land and represents an efficient use
of land and municipal services, and as such contributes to the efficient use and
conservation of energy. .
Appendix A includes the recommended conditions of approval from Canada Post,
Enbridge Gas and Hydro One and provision of any necessary easements with a final
review to confirm zoning and site plan compliance prior to registration of the
condominium. In addition, the conditions address warning clauses that are in the site
plan agreement to advise purchasers of potential noise from nearby uses and the railway,
as well as to advise that waste disposal with be via a private contractor.
Under Provincial regulations, standard plans of condominium are exempt from public
notice requirements and the holding of a public meeting. Mat ters of public interest,
including notice and the holding of a public meeting, were addressed at the zoning by -
law approval stage.
Operational Implications and Risk Analysis
As site maintenance will be the responsibility of the future condominium corporat ion
under the terms of the site plan agreement, there are no operational implications.
Financial Implications/Budget Impact
The proposed condominium will generate revenue through property taxes. There are no
other financial implications.
Page 4 of 11
Page 163 of 361
Strategic/Departmental Alignment
The development aligns with the Diverse and Affordable Housing Strategic Priority as it
diversifies housing options in the neighbourhood for residents.
Contributor(s)
Andrew Bryce, Manager of Current Planning
List of Attachments
Schedule 1 - Location Map
Schedule 2 -Plan of Condominium
Appendix A - Conditions of Draft Plan Approval
Written by:
Peggy Boyle, Assistant Planner
Submitted by: Status:
Andrew Bryce, Manager, Current Planning Approved
- 02 Feb
2022
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 02 Feb
2022
Jason Burgess, CAO Approved
- 02 Feb
2022
Page 5 of 11
Page 164 of 361
Page 6 of 11
Page 165 of 361
SCHEDULE 2
PLAN OF CONDOMINIUM
Page 7 of 11Page 166 of 361
APPENDIX A
Conditions of Draft Plan Approval
1. Approval applies to the Draft Plan of Condominium (Standard) prepared by Urban In Mind
dated June 24, 2021, showing 100 unit townhouses as well as common areas for private
road, landscaping, amenity areas and visitor parking.
2. The developer enter into a condominium agreement with the City, to be registered on title,
to satisfy all requirements, financial and otherwise, related to the creation of units.
3. The developer submits a Solicitor’s Certificate of Ownership for the condominium land to
the City Solicitor prior to the preparation of the condominium agreement.
4. The developer submits to the City all necessary drawings and information to confirm
zoning and confirm substantial completion and certification of site works in accordance
with the site plan agreement.
5. The owner shall complete to the satisfaction of the Director of Engineering of the City of
Niagara Falls and Canada Post:
a) Include on all offers of purchase and sale, a statement that advises the
prospective purchaser:
i) that the home/business mail delivery will be from a designated Centralized
Mail Box.
ii) that the developers/owners be responsible for officially notifying the
purchasers of the exact Centralized Mail Box locations prior to the closing
of any home sales.
b) The owner further agrees to:
i) work with Canada Post to determine and provide temporary suitable
Centralized Mail Box locations which may be utilized by Canada Post until
the curbs, boulevards and sidewalks are in place in the remainder of the
subdivision.
ii) install a concrete pad in accordance with the requirements of and in
locations to be approved by Canada Post to facilitate the placement of
Community Mail Boxes
iii) identify the pads above on the engineering servicing drawings. Said pads
are to be poured at the time of the sidewalk and/or curb installation within
each phase of the plan of subdivision.
iv) determine the location of all centralized mail receiving facilities in co-
operation with Canada Post and to indicate the location of the centralized
mail facilities on appropriate maps, information boards and plans. Maps are
also to be prominently displayed in the sales office(s) showing specific
Centralized Mail Facility locations.
c) Canada Post’s multi-unit policy, which requires that the owner/developer provide
the centralized mail facility (front loading lockbox assembly or rear loading
mailroom [mandatory for 100 units or more]), at their own expense, will be in effect
for buildings and complexes with a common lobby, common indoor or sheltered
space.
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6. a) The applicant shall contact Enbridge Gas Distribution’s Customer Connections
department by emailing CustomerConnectionsContactCentre@Enbridge.com for
service and meter installation details and to ensure all gas piping is installed prior
to the commencement of site landscaping (including, but not limited to: tree
planting, silva cells, and/or soil trenches) and/or asphalt paving.
b) If the gas main needs to be relocated as a result of changes in the alignment or
grade of the future road allowances or for temporary gas pipe installations
pertaining to phase construction, all costs are the responsibility of the applicant.
c) Easement(s) are required to service this development and any future adjacent
developments. The applicant will provide all easement(s) to Enbridge Gas
Distribution at no cost.
7. That the Condominium Agreement between the owner and the City include the following
clauses:
The Owner agrees to implement the recommendations of the Environmental Noise
Impact Study, prepared by dBA Accoustical Consultants Inc. (dated October 2020)
(the Study), including but not limited to acoustically tested windows for living rooms
and bedrooms in accordance with Table 11 of the Study, provision of central air
conditioning in all units in accordance with section 4.3 of the Study, and inclusion
of warning clauses in Agreements of Purchase and Lease of Tenancy.
i. The owner agrees to include the following clauses in any Purchase and
Sale, Lease or Tenancy Agreements for all units:
a) Canadian National Railway Company, Canadian Pacific Railway
Company and the TH & B railway or its assigns or successors in
interest have a right-of-way within 300m from the land the subject
hereof. There may be alterations to, or expansions of, the railway
facilities on such rights-of-way in the future including the possibility that
the railway or its assigns or successors aforesaid may expand its
operations, which expansion may affect the living environment of the
residents in the vicinity, notwithstanding the inclusion of any noise and
vibration attenuating measures in the design of the development and
individual dwelling(s). CNR/CPR will not be responsible for any
complaints or claims arising from the use of such facilities and/or
operations on, over or under the aforesaid right-of-way.
b) Purchasers/tenants are advised that sound levels due to the adjacent
facility are required to comply with sound level limits that are protective
of indoor areas and are based on the assumption that windows and
exterior doors are closed. The dwelling units have been supplied with a
ventilation/air conditioning system which has allowed windows and
exterior doors to remain closed.
i. The owner agrees to provide certification from a qualified acoustical
consultant that the approved noise control measures have been
incorporated into the plans submitted for Building Permit application
prior to the issuance of Building Permit(s).
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PBD-2022-08
February 8, 2022
ii. The Owner agrees to provide certification from a qualified acoustical
consultant that the approved noise control measures have been
installed prior to the issuance of Occupancy Permit(s).
iii. The owner agrees to implement the recommendations of the Land
Use Compatibility Study – Air Quality, prepared by RWDI (dated
September 15, 2020) and specifically the provision of an HVAC
system with particulate matter filtration and windows that can be
closed during dust events within the proposed development.
. The Owner is advised that the proposed development does not meet the
requirements of Niagara Region’s Corporate Waste Collection Policy and this
service will be the responsibility of the Owner through private contractor and not the
Niagara Region. The following clause should be included in the Condominium
Agreement and inserted into all Offers and Agreements of Purchase and Sale or
Lease:
i. Owners/Purchasers/Tenants are advised that this development does not
meet the requirements of Niagara Region’s Corporate Policy for Waste
Collection and this service will be the responsibility of the developer through
private waste collection contractor and not the Niagara Region.
8. That the Condominium Agreement contain the following clauses to address Hydro One
Networks Inc. (HONI) matters
a) Any development in conjunction with the condominium must not block vehicular
access to any HONI facilities located on the transmission corridor. During
construction there must be no storage of materials or mounding of earth, snow or
other debris on the transmission corridor.
b) The costs of any relocations or revisions to HONI facilities which are necessary to
accommodate this condominium will be borne by the developer. The developer will
be responsible for restoration of any damage to the transmission corridor or HONI
facilities thereon resulting from construction or the condominium.
c) This letter and the conditions contained therein should in no way be construed as
permission for an endorsement of proposed location(s) for any road crossing(s)
contemplated for the proposed development. This permission may be specifically
granted by OILC under separate agreement(s). Proposals for any secondary land
use including road crossings on the transmission corridor are processed through
the Provincial Secondary Land Use Program (PSLUP). HONI as OILC’s service
provider will review detailed engineering plans for such proposals separately, in
order to obtain final approval.
Should approval for a road crossing be granted, the developer shall then make
arrangements satisfactory to OILC and HONI for the dedication and transfer of the
proposed road allowance directly to the City of Niagara Falls.
Access to and road construction on the transmission corridor is not to occur until
the legal transfer(s) of lands or interests are completed.
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PBD-2022-08
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d) The transmission lines abutting the subject lands operate at either 500,000,
230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the
Occupational Health and Safety Act, require that no object be brought closer than 6
metres (20 ft) to an energized 500 kV conductor. The distance for 230 kV
conductors is 4.5 metres(15 feet) and for 115 kV conductors is 3 metres (10 feet).
It is the developer’s responsibility to be aware, and to make all personnel on site
aware, that all equipment and personnel must come no closer than the distance
specified in the Act. They should also be aware that the conductors can raise and
lower without warning, depending on the electrical demand placed on the line.
Notes:
1. Prior to granting final plan approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met and all fees
have been paid to the satisfaction of the Niagara Region.
2. Prior to final approval for registration, a copy of the draft condominium agreement
for the proposed development should be submitted to the Niagara Region for
verification that the appropriate clause pertaining to this condition has been
included. A copy of the executed agreement shall also be provided prior to
registration.
3. In order to request clearance of the above noted Regional conditions, a letter
outlining how the conditions have been satisfied, together with all studies and
reports (two hard copies and a PDF digital copy), the applicable review fee, and the
draft condominium agreement shall be submitted to the Niagara Region by the
applicant as one complete package, or circulated to the Niagara Region by the City
of Niagara Falls.
Prior to granting approval to the final plan, Planning & Development requires written notice from
applicable City Divisions and the following agencies indicating that their respective conditions
have been satisfied:
Legal Services for Conditions, 2, 3
Planning and Development Section for Conditions 4 and 7
Canada Post for Condition 5
Enbridge Gas Distribution Inc. for Condition 6
Hydro One for Condition 8
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PBD-2022-09
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
PLC 2022-001 Request for Removal of Part Lot Control
Blocks 112, 113 & 114 Plan 59M-484
Recommendation(s)
That Council approve the request and pass the by-law included in today's agenda to
exempt Blocks 112, 113 & 114 Registered Plan 59M-484 from Part Lot Control for a
period of two years.
Executive Summary
Rinaldi Homes Niagara Inc. has requested Council pass a by-law to exempt Part Lot
Control from Blocks 112, 113 & 114 on Registered Plan 59M-484 to allow the transfer of
ownership of the on-street townhouse dwelling units that are under construction. The
request can be supported based on the following:
• The zoning permits the on-street townhouse dwellings under construction and
the proposed parcel sizes; and,
• The by-law will permit a deed to be created for each parcel containing a dwelling
unit and permit each property to be sold separately.
Background
Rinaldi Homes Niagara Inc. has submitted a request to have Part Lot Control lifted for
two (2) years for Blocks 112, 113 & 114 on Registered Plan 59M-484, located at 7198-
7218, 7174-7194 & 7150-7170 Parsa Street as illustrated on Schedule 1.
The lifting of Part Lot Control is a planning tool that permits the creation of parcels in
blocks within registered plans of subdivision. In this case, the lifting of Part Lot Control
is requested to allow the creation of 7 parts in Block 112 for 6 on-street townhouse
dwelling units, the creation of 8 parts in Block 113 for 6 on-street townhouse dwelling
units and 8 parts in Block 114 for 6 on-street townhouse units. Additional parts are for
existing easements for stormwater management purposes.
Analysis
The subject lands are located on Parsa Street within the Forestview Plan of Subdivision
(59M-484) which was registered on December 8, 2020. The subdivision contains
blocks of land for on-street townhouse dwellings and apartment buildings. Blocks 112,
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113 & 114 are zoned for Residential Mixed (R3-1081) by Zoning By-law No. 79-200, as
amended by By-law No. 2019-003. The proposed parcels comply with the minimum lot
area and minimum lot frontage requirements of the site specific R3-1081 zone.
Part Lot Control provisions under the Planning Act prevent lands that are within a
registered plan of subdivision from being further divided without a consent to sever and
prevent the individual townhouse units from being created. Municipalities have the
ability to lift Part Lot Control from blocks within a Plan of Subdivision to allow lot lines to
be reconfigured or parts of a block to be conveyed without the need for a consent
application. As all matters necessary for the development of the lands have been
addressed through the subdivision process, a Part Lot Control By-law can be
considered for the division of the subject lands.
Approval of a Part Lot Control by-law is requested so that Block 112 can be divided into
7 parts to create 6 parts for on-street townhouse dwelling units and one part for an
easement. Block 113 can be divided into 8 parts with 6 parts for on-street townhouse
dwelling units and 2 parts for easements and Block 114 can be divided into 8 parts with
6 parts for on-street townhouse units and 2 parts for easements. The exemption is to
apply for two years to allow for flexibility in scheduling real estate closing dates and
should be sufficient time to allow units to be absorbed by the market.
Operational Implications and Risk Analysis
None.
Financial Implications/Budget Impact
As Development Charges have already been collected, there are no financial
implications.
Strategic/Departmental Alignment
Council's priority is to use infill opportunities for multi-unit development to diversify the
range of housing available in existing neighbourhoods. The application is consistent
with this priority.
List of Attachments
Schedule 1 Location Map
Schedule 2 Block 112
Schedule 3 Block 113
Schedule 4 Block 114
Written by:
Peggy Boyle, Assistant Planner
Submitted by: Status:
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Andrew Bryce, Manager, Current Planning Approved
- 01 Feb
2022
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 01 Feb
2022
Jason Burgess, CAO Approved
- 02 Feb
2022
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SCHEDULE 1
LOCATION MAP
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TS-2022-01
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
Additional Capital Funding for the Purchase of Three (3) 12m
Conventional Transit Buses
Recommendation(s)
That the request to amend the 2022 Capital Budget for additional funding in the amount
of $70,000 for the purchase of three (3) growth related 40 ’ conventional transit buses be
approved, to be funded 61% from transit-dedicated Development Charges and 39%
from Transit Capital Reserves.
Executive Summary
The 2022 Capital Budget approved $1.95M to purchase (3) three 40’ conventional
buses to support expanded transit service. Council had preapproved this 2021 expense
in 2020 expecting the buses to be in service by the fall of 2021. Due to pandemic and
supply chain pressures, the purchase of these buses was delayed requiring Transit to
resubmit the project for this year.
The transit route expansion and rerouting approved by Council as part of the Transit
Master Plan 5-Year Update approved in 2020 has been underway since September
2021 to support growth areas and transit fare revenue recovery. These buses are a
necessity to continue to deliver service in a responsible manner with regards to fleet
use.
Staff is now requesting an amendment to the 2022 Capital Budget to fund the difference
in cost in the purchase of these buses to continue to deliver expanded service optimally
and to allow the system to continue to recover financially.
Background
In 2019, Council approved By-Law No. 2019-69 to establish Development Charges in
the City of Niagara Falls. Schedule A-2 of the bylaw sets the rate to reserves funds for
transit expansion related to growth. In 2019, Transit staff prepared an estimate and 5 -
Year plan for the Development Charges study identifying growth-related capital
requirements to support transit route expansions in 2019 to 2021. The mu lti-year plan
included a 2021 purchase of three (3) 40’ conventional buses to support route
extensions and rerouting to find efficiencies in the system.
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In late 2020, Council pre-approved this capital purchase of three 40’ buses to address
growth expected in newer areas of development and by the routes expansion identified
in the Transportation Master Plan 5-Year Update and planned by transit.
The route redesign was initiated in September 2021 within the existing 2021 Transit
Services Operating Budget and regardless of pandemic delays. Routing now serves
new developments and/or neighbourhoods previously requesting or waiting for transit
service. Planned extensions on the 105/205, 103/203, 106/206 and 113/213 were to
bring new service to Garner Estates, Warren Woods and to serve the more established
southern developments in Oldfield, Riverfront & Thundering Waters areas. Service has
started into the new Montrose Business Park and optimized Chippawa routing to include
the Stanley Avenue Industrial Park. These routes also plan for service to the new South
Niagara Hospital.
Initially starting the purchasing process in 2021, Transit staff were advised by Nova Bus
that it was going to take a full year to confirm the availability of the transmission option
originally agreed upon. Now received, the latest quotation for the buses also include
‘safety shields’ to be preinstalled at an approximate cost of an additional $10,000 per
bus. These shields are the same price, make and model of shields being retrofit into all
our buses in 2022, delivering service and protecting our workers. The retrofit program
for shields on our existing fleet, funded by provincial gas tax, were approved by Council
and the Ministry of Transportation.
Utilizing the existing fleet, the September expansion has gotten underway successfully.
This however puts a strain on the city fleet and is an unsustainable practice to achieve
full life cycle from our buses. The new buses are also needed to provide the service
planned for and approved by Council going forward into delivery to the City of Niagara
Falls within the Regional transit service standards.
Analysis
In the last quarter of 2021, after the optimization and expansion of (8) eight city routes,
transit ridership increased 9% in just four months. To continue to recover fare revenue
and grow the system overall this purchase is required to meet demand and to provide
service to growing areas of the City.
In transit service planning to 2024, it was determined that due to increased route
lengths and needs for buses to be cycled responsibly for life -cycle optimization, that the
purchase as approved in 2021 would be brought forward again in the 2022 Capital
Budget process. There is an increase in the cost of vehicles as the pandemic has driven
supply costs up. Further, all new buses are now purchased with safety shields (the
permanent barrier option) which reflects most of the cost of the increase in this
purchase in 2022 as opposed to the estimate derived in 2019.
Operational Implications and Risk Analysis
None.
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Financial Implications/Budget Impact
During the 2021 Capital Budget, Council provided a pre -approval to facilitate the
ordering of these buses, with the 2022 Capital Budget assigning the funding sources.
To date, $1,950,000 has been approved in Project T59 -22 for the purchase of three (3)
40’ conventional transit buses from Nova Bus and this amendment represents an
increase of 3.6% bringing the total budget approval to $2,020,000.
As these buses support a growth area of the City, the 2019 Development Charge
Background Study indicated that there is a 39% benefit to existing, meaning the City
can fund 61% of the cost from Development Charges, and 39% from Non-Development
Charge funding sources.
This report requests Council’s approval to amend the 2022 capital budget to add an
additional $70,000, inclusive of non-recoverable HST, where $42,700 (61%) is funded
from Development Charges and $27,300 (39%) is funded from the Transit Capital
Special Purpose Reserve.
Regional transit amalgamation presentations and commitments have indicated that,
post amalgamation in 2023, the Region will assume liability for all City-owned buses
and those buses will service the City of Niagara Falls during their useful life.
Strategic/Departmental Alignment
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.
Contributor(s)
James Dowling, Manager of Capital Accounting
Written by:
Carla Stout, Manager of Transit
Submitted by: Status:
Jason Burgess, CAO Approved
- 02 Feb
2022
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F-2022-08
Report
Report to: Mayor and Council
Date: February 8, 2022
Title: Monthly Tax Receivables Report - December 2021
Recommendation(s)
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 December 31, 2021 were $17.1 million
compared to $24.0 million in 2020. During December, tax receivables as a percentage
of taxes billed decreased from 11.6% in 2020 to 8.1% in 2021. The City’s finance staff
continue 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 eighteen 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
Tax collection for 2021 is ahead of the collection history for 2020 for the month of
December. Table 1 shows that taxes outstanding at December 31, 2021 are $17.1
million. This represents a decrease from $24.0 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 $1.6 million compared to December 2020
and commercial property taxes outstanding have also decreased by $5.3 million.
Finance staff takes specific collection actions for properties that are subject to registration.
At January 1, 2021, 362 properties were subject to registration for 2021. Table 3(a)
summarizes the progress of these actions after one year of activity. Th is table shows
90.1% of the tax accounts or 326 properties have been paid in full or the owners have
made suitable payment arrangements. During December, thirteen accounts were paid in
full.
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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 96.7% or 59 properties
have paid in full or made suitable payment arrangements in the month of December.
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 December, thirteen properties were registered. The
outstanding taxes for registered properties represents 3.1% of the total taxes to be
collected.
Financial Implications/Budget Impact
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
December 31, 2021 is 8.1%, which is a decrease of 2020’s value at 11.6%. The
municipality has a record of full collection and earns penalty revenues to offset the higher
measure.
List of Attachments
F-2022-08 - Attachment
Written by:
Amber Ferguson, Manager of Revenue
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Jason Burgess, CAO Approved
- 31 Jan
2022
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TABLE 1
Taxes Receivable
at December 31, 2021 2021 2020
Outstanding Taxes @ November 30, 2021 24,469,393$ 30,672,811$
Supplemental Due December 31, 2021 1,132,316$ 1,261,732$
Taxes Collected during December 8,506,233$ 7,908,512$
#Outstanding Taxes @ December 31, 2021 17,095,476$ 24,026,031$
Outstanding Taxes by Year:
3 Years and Prior 1,145,587$ 1,236,178$
2 Year 1,153,353$ 1,768,898$
1 Year 3,307,998$ 3,682,720$
Current 11,488,601$ 17,338,236$
Total 17,095,476$ 24,026,031$
TABLE 2
Taxes Receivable by Property Class
at December 31, 2021
2021 2020 Variance
Taxes Owing Taxes Owing ($)
Residential 8,674,058 10,257,356$ (1,583,297)$
Multi-Residential 134,846 132,182$ 2,663$
Commercial 7,841,809 13,098,849$ (5,257,040)$
Industrial 422,439 509,494$ (87,055)$
Farmlands 22,324 28,150$ (5,826)$
Total Receivables 17,095,476 24,026,031$ (6,930,555)$
Page 3 of 4
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TABLE 3 (a)
Number of Properties
Subject to %
Registration
as at December 31, 2021
Initial Amount (January 1, 2021)362
Paid in Full 187 51.7%
Payment Arrangements 139 38.4%
Ongoing Collection Action 36 9.9%
Registered 0 0.0%
362 100.0%
TABLE 3 (b)
Initial Amount (January 1, 2020)61
Paid in Full 40 65.6%
Payment Arrangements 6 9.8%
Ongoing Collection Action 2 3.3%
Registered 13 21.3%
61 100.0%
TABLE 4
May 2022 5 218,805$
May 2023 13 314,844$
Totals 18 533,649$
Scheduled Tax Sales Dates for
Registered Properties Number of Properties Taxes Outstanding
Amount
Page 4 of 4
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MW-2022-08
Report
Report to: Mayor and Council
Date: February 8, 2022
Title: Splendour Subdivision - Regulatory Signs
Recommendation(s)
That Council approve the regulatory signs outlined in Report MW -2022-08 for the
Splendour subdivision as follows:
That a stop sign be installed facing traffic:
1. Northbound on Parkside Road at McLeod Road;
2. Eastbound on Majestic Trail at Parkside Road (North Intersection);
3. Westbound on Marvel Drive at Parkside Road;
4. Eastbound on Majestic Trail at Parkside Road (South Intersection);
5. Northbound on Butternut Boulevard at Splendour Drive;
6. Eastbound on Marvel Drive at Splendour Drive (South Intersection); and,
7. Westbound on Splendour Drive at Marvel Drive (North Intersection).
And that a ‘no stopping’ zone be established on both sides of Parkside Road, between
McLeod Road and Majestic Trail / Marvel Drive.
Executive Summary
Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the additional traffic
and parking controls in the Splendour subdivision.
Background
Approval has been granted for the Splendour subdivision. The street system has been
constructed and the draft plan has been registered. Conditions have been imposed
through the subdivision agreement for the installation of stop signs and stopping
prohibition signs.
Analysis
A breakdown of the regulatory signs is as follows:
Stop Signs:
That a stop sign be installed facing traffic:
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1. Northbound on Parkside Road at McLeod Road;
2. Eastbound on Majestic Trail at Parkside Road (North Intersection);
3. Westbound on Marvel Drive at Parkside Road;
4. Eastbound on Majestic Trail at Parkside Road (South Intersection);
5. Northbound on Butternut Boulevard at Splendour Drive;
6. Eastbound on Marvel Drive at Splendour Drive (South Intersection); and,
7. Westbound on Splendour Drive at Marvel Drive (North Intersection).
No Stopping Signs:
That ‘no stopping’ signs be installed on both sides of Parkside Road, between McLeod
Road and Majestic Trail / Marvel Drive.
Financial Implications/Budget Impact
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.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 28 Jan
2022
Jason Burgess, CAO Approved
- 30 Jan
2022
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MW-2022-09
Report
Report to: Mayor and Council
Date: February 8, 2022
Title: Intersection Control Review - Multiple Locations
Recommendation(s)
That Council approve the regulatory signs outlined in Report MW -2022-09 for stop sign
installation facing drivers at the following locations:
1. Southbound on Linwood Crescent at Sheldon Street;
2. Southbound on Fernwood Crescent at Sheldon Street;
3. Southbound on Pattern Crescent at Sheldon Street; and
4. Westbound on Leeming Street at Woodland Boulevard
Executive Summary
A stop sign is warranted at each studied location to properly assign the right -of-way
amongst motorists.
Background
City Staff has received several requests to investigate the feasibility of installing a stop
sign on the minor street approach for traffic:
1. Southbound on Linwood Crescent at Sheldon Street;
2. Southbound on Fernwood Crescent at Sheldon Street;
3. Southbound on Pattern Crescent at Sheldon Street; and
4. Westbound on Leeming Street at Woodland Boulevard.
Each intersection currently operate under the basic right-of-way rule.
Analysis
Study results indicate that a stop control is warranted at each of the aforementioned
intersections. The approach sight triangle requirement for yield control and uncontrolled
crossing is not met, thus warranting additional traffic control. This is common in developed
residential areas where vegetation, fences and dwellings are present within the visibility
clear zone. A collision review revealed that a collision problem does not exist at any of
these intersections in the previous three years. The installation of the stop sign will ensure
motorists on the minor approach stop and yield the right -of-way to motorists on the major
road.
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Financial Implications/Budget Impact
The installation of the stop signs is to be carried out by Municipal Works - Transportation
Services staff. The labour and material costs will be accounted for in the 2022 General
Purposes Budget. It is estimated that the cost to install the signs is approximately $600.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
List of Attachments
MW-2022-09 Multiple Locations - Intersection Control Review - Study Area
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 28 Jan
2022
Jason Burgess, CAO Approved
- 31 Jan
2022
Page 2 of 4
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MW-2022-09
Attachment 1
Linwood Crescent, Fernwood Crescent, Pattern Crescent at
Sheldon Street -Study Area
Sheldon Street
Proposed Stop Sign
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MW-2022-09
Attachment 2
Leeming Street at Woodland Boulevard-Study Area
Proposed Stop Sign
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R&C-2022-01
Report
Report to: Mayor and Council
Date: February 8, 2022
Title:
RFP47-2021-Real Estate Brokerage Services - Coronation
Centre
Recommendation(s)
To approve the highest scoring proponent Revel Realty to represent the city of Niagara
Falls in the sale of the surplus property, Coronation Centre, 5925 Summer Street.
Executive Summary
At the October 5th, 2021 City Council meeting Council declared the Coronation Centre
located at 5925 Summer Street surplus to the needs of the Corporation. There is no
operational need to retain this property as the City’s older adults’ activities and programs
will be moved to the MacBain Community Centre.
To ensure a fair and transparent process was followed, the city issued RFP47-2021 Real
Estate Brokerage Services. The RFP closed on Thursday, November 25, 2021. There
was a total of 4 submissions. The evaluation team met and evaluated the four proposals
based on the evaluation criteria identified in the RFP. Revel Realty is the highest scoring
proponent as determined by the evaluation committee’s evaluation of the RFP criteria.
Background
The property is located on the corner of Main Street and Summer Street. The building is
approximately 19,755 square feet over three floors. The facility was formally a church
and has been expanded over the years. Overall, the building is in average condition.
There are two separate parking lots, the larger lot located next to the building has 32
spots and a second lot on the corner of Lowell Avenue has 15 spots.
Analysis
The four proposals were reviewed by a multi-departmental team of three staff from Legal
Services and Recreation & Culture. The team evaluated and scored the agent/team
qualifications and experience, strategy to sell the property, comparable sales informa tion
and suggested pricing, proposed listing agreement and proposed price.
Page 1 of 2
Page 191 of 361
Financial Implications/Budget Impact
The Coronation Centre building was appraised this summer to determine the potential
value. Some of the proceeds from the sale of the centre will be used to fund the MacBain
Community Centre renovations, the renovations and equipment required for the MacBain
Community second floor will cost approximately $450,000. Additional funds have also
been approved for pool repairs and renovations to the former YMCA customer service
area, approximately $150,000. The capital expenses were approved in the 2022 capital
budget, 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.
Strategic/Departmental Alignment
Financial Stability, Committed to be financially responsible to the residents of Niagara
Falls by practicing prudent fiscal management of existing resources.
Written by:
Kathy Moldenhauer, Director of Recreation & Culture
Submitted by: Status:
Jason Burgess, CAO Approved
- 31 Jan
2022
Page 2 of 2
Page 192 of 361
1
Heather Ruzylo
Subject: Project SHARE - Meridian Coldest Night of the Year
From: Lauren Lewitzky <events@projectshare.ca>
Sent: Tuesday, January 11, 2022 12:14 PM
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: RE: Project SHARE - Meridian Coldest Night of the Year
Hi Bill,
That’s great news, thank you so much. I have included details about the event below.
While we may be going through hardships, and very isolated in lockdown, Project SHARE
would like to invite you once again to join us in supporting those in our community who need
it most, and walk in your own neighbourhood for our Meridian Credit Union Coldest Night of
the Year!
Engage and bring some positivity to your social network (socially distanced) and challenge
your co-workers and friends to participate in the Coldest Night of the Year. This safe, COVID-
friendly, virtual walk raises awareness and funds to support vulnerable families and individuals
in community.
Register your team today at https://cnoy.org/location/niagarafalls !
Should you need anything else, please don’t hesitate to ask!
Cheers,
Lauren Lewitzky
Fundraising Events Coordinator
Page 193 of 361
2
905-357-5121, ext. 233
4129 Stanley Avenue, Unit 2, Niagara Falls L2E 7H3
Page 194 of 361
EOW Garbage Collection
Diversion Impact – Full Year
Analysis
Waste Management Planning Steering Commitee
WMPSC-C 41-2021
December 13, 2021
Alison Powell,
Waste Management Business Support Analyst Page 195 of 361
EOW Garbage
Collection Impact –Full
Year Analysis
Waste Management Planning Steering Committee
December 13, 2021
Page 196 of 361
Overview
1.One (1)-year update on the waste diversion impact resulting
from the change to every other week (EOW) garbage
collection;
2.Estimate of the environmental impacts of the changes in
waste diversion; and
3.Estimate the economic value of the changes in environmental
impacts.Page 197 of 361
Curbside Collected Tonnages
•Data pertains to all curbside collected waste from residential,
multi-residential (not including front-end garbage enhanced
collection), institutional, industrial and commercial properties
throughout Niagara region, including those inside designated
business areas (DBAs).
•Data references two time periods:
•Before EOW –October 21, 2019 through October 16, 2020
•After EOW –October 19, 2020 through October 15, 2021
Page 198 of 361
Curbside Collected Tonnages Con’t
Material Stream Before EOW (Tonnes)After EOW (Tonnes)Difference
Garbage 71,708 59,114 -17.6%
Organics 32,138 39,425 22.7%
Recycling 36,948 40,544 9.7%
Note: Organics does not include separate leaf and yard waste
or brush collection.Page 199 of 361
Curbside Garbage Tonnages
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
TonnesMonth
2019 2020 2021
Page 200 of 361
Curbside Organics Tonnages
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
TonnesMonth
2019 2020 2021Page 201 of 361
Curbside Recycling Tonnages
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
TonnesMonth
2019 2020 2021Page 202 of 361
Waste Diversion Analysis
•As part of the EOW garbage analysis, the Region completed a
waste composition study and environmental benefits analysis to
further review the impact of EOW garbage collection.
•The waste composition study results (WMPSC-C 34-2021)
show the 2020-2021 four (4)-season average curbside waste
diversion rate is 60 per cent, an increase of 14.3 percentage
points from the 2015-2016 diversion rate of 45.7 per cent. Page 203 of 361
Environmental Benefits Analysis
•Niagara Region retained Sound Resource Management Group,
Inc. (SRMG) to evaluate and quantify the environmental
benefits over the first year following the Region’s switch to EOW
curbside garbage collection.
•The report completed by SRMG, can be found in Appendix 1 of
WMPSC-C 41-2021. Page 204 of 361
Environmental Benefits Analysis -
Details
•Compares tonnages for year prior to EOW implementation to tonnages for weeks 2
through 53 of EOW garbage collection to adjust for weekly garbage collection prior to
EOW week 1.
•Organics tonnages include leaf & yard wastes and brush.
•Tonnages for recycling and organics are adjusted down to exclude contaminants in
recycling and organics collections, as well as processing residues. Garbage tonnages are
adjusted up to include these recycling and organics contaminants and processing
residues.
•SRMG used its proprietary MEBCalc (measuring environmental benefits calculator) tool to
estimate environmental impacts of changes in annual garbage, recycling and organics
tonnages following implementation of EOW garbage collection.Page 205 of 361
Annual Curbside & Curbside + Depot Tonnes
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
TonnesMaterial Stream
Pre-EOW Curb Garbage
EOW Curb Garbage
Pre-EOW Curb Recycling
EOW Curb Recycling
Pre-EOW Curb Organics
EOW Curb Organics
Pre-EOW Curb+Depot Garbage
EOW Curb+Depot Garbage
Pre-EOW Curb+Depot Recycling
EOW Curb+Depot Recycling
Pre-EOW Curb+Depot Organics
EOW Curb+Depot Organics
Page 206 of 361
Nine Environmental Impacts Assessed
•Climate Change from anthropogenic GHG emissions
•Human Health Respiratory disease and death from particulates
•Human Health Toxicity (other than from respiratory particulates or
carcinogenic substances)
•Human Health Carcinogenicity from anthropogenic compounds
•Eutrophication of soil or water from anthropogenic mineral nutrients
•Acidification from anthropogenic acidifying compounds
•Stratospheric Ozone Depletion from anthropogenic compounds
•Ground Level Smog Formation from anthropogenic chemical releases
Page 207 of 361
Annual EOW Environmental Pollution Benefits
Pollution
Environmental
Impact
Pollution
Indicator
Substance
Pollution
Decrease/(Increase)
(Tonne indicator
Substance) -
Curbside Only
Pollution
Decrease/(Increase) (Tonne
indicator Substance) -
Curbside and Depot
Climate Change eCO2 18,413.92 10,725.08
Human Health -
Respiratory
ePM2.5 4.73 1.14
Human Health –
Non-Carcinogenic
eT 1,366.97 (1,514.32)
Human Health –
Carcinogenic
eB 8.39 (10.84)
Eutrophication eN 93.39 56.56
Acidification eSO2 29.88 (8.48)
Ecosystems Toxicity e2,4-D 0.04 (0.17)
Ozone Depletion eCFC-11 0.05 0.03
Smog Formation eO3 348.67 (142.89)Page 208 of 361
Estimated Environmental Economic Value
for Environmental Impact Reductions (2021
CDN$)
•Climate Change -$289 per tonne eCO2
•Human Health Respiratory Effects -$824,336 per tonne ePM2.5
•Human Health Toxicity Effects -$466 per tonne eT
•Human Health Carcinogenicity Effects -$3,328 per tonne eB
•Waterways Eutrophication -$33,901 per tonne eN
•Acidification -$559 per tonne SO2
•Stratospheric Ozone Depletion -$77,246 per tonne CFC-11
•Ground Level Smog Formation -$332 per tonne O3
Page 209 of 361
GHG Reductions & EEVs for Diverted Materials
Page 210 of 361
Environmental Economic Value (EEV) of EOW
Environmental Impact Pollution
Indicator
Substance
Midpoint
Economic Cost of
Pollution per
tonne (CDN $)
Curbside Only -
Pollution
Decreases
Curbside Only -
Value of Decreases
(CDN $)
Curbside Only –
Per Cent of Total
Benefit
Climate Change eCO2 $288.35 18,413.92 $5,309,772 40.3%
Human Health -
Respiratory
ePM2.5 $824,335.45 4.73 $3,902,718 29.6%
Human Health –Non-
Carcinogenic
eT $465.81 1,366.97 $636,746 4.8%
Human Health –
Carcinogenic
eB $3,328.67 8.39 $27,913 0.2%
Eutrophication eN $33,900.36 93.39 $3,165,898 24.0%
Acidification eSO2 $558.97 29.88 $16,701 0.1%
Ecosystems Toxicity e2,4-D $5,681.36 0.04 $250 <0.1%
Ozone Depletion eCFC-11 $77,246.25 0.05 $3,611 <0.1%
Smog Formation eO3 $332.05 348.67 $116,010 0.9%
Overall Total Benefit N/A N/A N/A $13,179,620 100.0%Page 211 of 361
Environmental Impact Shares of Total EEV
Climate (40.3%)
HH -Respiratory (29.6%)
HH -Non-Cancer
(4.8%)
HH -Cancer
(0.2%)
Eutrophication
(24.0%)
Acidification (0.1%)
EcoToxicity (<0.1%)Ozone Depletion (<0.1%)
Smog Formation (0.9%)Page 212 of 361
Questions?Page 213 of 361
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
January 21, 2022
PWC 1-2022, January 11, 2022
PWC-C 1-2022, January 11, 2022
WMPSC-C 41-2021, December 13, 2021
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
Every Other Week Garbage Collection Diversion Impact – Full Year Analysis
WMPSC-C 41-2021
At the Public Works Committee meeting held on January 11, 2022, Committee
requested that the presentation respecting Every Other Week Garbage Collection
Diversion Impact – Full Year Analysis, provided to the Waste Management Planning
Steering Committee at its meeting held on December 13, 2021, be circulated to the
local area municipalities.
A copy of Report WMPSC-C 41-2021 and the presentation is attached for your
reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:cv
CLK-C 2022-006
cc: B. Zvaniga, Interim Commissioner, Public Works
C. Habermebl, Director, Waste Management Services
N. Coffer, Executive Assistant, Public Works
Page 214 of 361
Waste Management Services
1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7
905-980-6000 Toll-free: 1-800-263-7215
MEMORANDUM
WMPSC-C 41-2021
Subject: Every-Other-Week Garbage Collection Diversion Impact – Full Year
Analysis
Date: Monday, December 13, 2021
To: Waste Management Planning Steering Committee
From: Alison Powell, Business Support Analyst, Waste Management Services
Purpose
The purpose of this memorandum is to provide Waste Management Planning Steering
Committee (WMPSC) with a one (1) year update on the waste diversion impact
resulting from the change to every-other-week (EOW) garbage collection.
A six (6) month update was provided in PWC-C 19-2021.
Background
On October 17, 2019, Council approved implementation of EOW garbage collection.
Changing the frequency of garbage collection encourages residents to divert waste
through the use of the Blue/Grey Box and Green Bin, both of which are still collected
weekly.
EOW garbage collection pertains to all residential properties, including Multi-Residential
(MR) properties, and for those Industrial, Commercial & Institutional (IC&I) and Mixed-
Use (MU) properties located outside Designated Business Areas (DBAs) that are using
Niagara Region’s curbside collection service.
On October 19, 2020, EOW garbage collection commenced with the start of the new
waste collection contracts. Green for Life (GFL) Environmental Inc. services Collection
Area One (1) and Miller Waste Systems Inc. (Miller) services Collection Area Two (2).
Page 215 of 361
WMPSC-C 41-2021
December 13, 2021
Page 2
______________________________________________________________________
• Collection Area One (1) – the Town of Grimsby, the Town of Lincoln, the Town of
Pelham, the City of Thorold, the Township of Wainfleet, and the Township of West
Lincoln.
• Collection Area Two (2) – the Town of Fort Erie, the City of Niagara Falls, the Town
of Niagara-on-the-Lake, the City of Port Colborne, the City of St. Catharines, and the
City of Welland.
Curbside Tonnage Analysis
To determine the impact EOW garbage collection has had on the amount of waste
collected from the curb, a one (1) year review of tonnage data from October 19, 2020
through October 15, 2021 was done, identified as ‘After EOW’ in this memorandum.
This data has been compared with data from the same timeframe in 2019 and 2020
(October 21, 2019, through October 16, 2020), identified as ‘Before EOW’ in this
memorandum.
It is important to note that the data presented in this memorandum pertains to all
curbside collected waste from residential properties, MR properties (not including those
with front-end garbage collection as an enhanced service), IC&I, and MU properties
throughout Niagara region, including those IC&I and MU with weekly collection inside
DBAs. However, the majority of the waste is generated by the residential sector
through the EOW curbside collection service.
IC&I and MU properties inside the DBA receive enhanced service collection, paid for by
local area municipalities, in which garbage is collected at minimum one (1) day per
week, sometimes more depending on the DBA. In addition to increased frequency of
garbage collection, certain DBAs also have increased garbage container (can/bag)
limits allowed at the curb for collection. Waste collected inside DBAs is not collected
separately from waste outside the DBA; therefore, this tonnage data is not tracked
separately and is included in the tonnages reported in this memorandum.
After one (1) year of EOW garbage collection, the combined amount of curbside
collected garbage, organics and recycling has decreased 1.2 per cent from almost
141,000 tonnes to 139,000 tonnes in total waste collected at the curb.
Additionally, since EOW garbage collection began, the amount of curbside collected
organics and recycling has increased from 49 per cent to 58 per cent of all waste
collected at the curb, resulting in significantly reduced demand on the landfill sites.
Page 216 of 361
WMPSC-C 41-2021
December 13, 2021
Page 3
______________________________________________________________________
1. Curbside Garbage Tonnages
Curbside collected garbage tonnages have decreased since the start of EOW garbage
collection. After one (1) year, the amount of curbside collected garbage has decreased
by almost 18 per cent compared to the same time period in 2019 and 2020. Table 1 and
Figure 1 provide a monthly breakdown of garbage tonnages.
Table 1: Curbside Garbage Tonnages
Month Before EOW
(Tonnes)
After EOW
(Tonnes) Difference
October 2020
(last two weeks)
2,779 1,844 -33.6%
November 5,647 4,717 -16.5%
December 5,696 5,244 -7.9%
January 6,215 4,961 -20.2%
February 4,835 4,090 -15.4%
March 5,726 5,182 -9.5%
April 6,074 5,151 -15.2%
May 5,958 4,954 -16.8%
June 6,432 5,019 -22.0%
July 6,751 5,232 -22.5%
August 6,176 4,900 -20.7%
September 6,509 5,214 -19.9%
October 2021
(first two weeks)
2,910 2,606 -10.5%
Total 71,708 59,114 -17.6%
Page 217 of 361
WMPSC-C 41-2021
December 13, 2021
Page 4
______________________________________________________________________
Figure 1: Curbside Garbage Tonnages
This decrease can be attributed to residents diverting their waste through organics and
recycling, as these diversion programs have seen considerable increases in tonnages
collected at the curb in one (1) year.
2. Curbside Organics Tonnages
Tonnages for curbside collected organics have increased 23 per cent since the start of
EOW garbage collection compared to the same time period in 2019 and 2020. Table 2
and Figure 2 provide a monthly breakdown of organics tonnages.
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
TonnesMonth
Garbage Tonnages
2019 2020 2021
Page 218 of 361
WMPSC-C 41-2021
December 13, 2021
Page 5
______________________________________________________________________
Table 2: Curbside Organics Tonnages
Month Before EOW
(Tonnes)
After EOW
(Tonnes) Difference
October 2020
(last two weeks)
1,352 2,374 75.6%
November 2,146 2,474 15.3%
December 2,009 2,668 32.8%
January 1,794 2,157 20.2%
February 1,223 1,828 49.5%
March 2,350 3,079 31.0%
April 3,664 4,196 14.5%
May 1,882 2,746 45.9%
June 4,186 3,834 -8.4%
July 3,170 3,903 23.1%
August 3,000 3,846 28.2%
September 3,444 4,099 19.0%
October 2021
(first two weeks)
1,917 2,221 15.9%
Total 32,137 39,425 22.7%
Page 219 of 361
WMPSC-C 41-2021
December 13, 2021
Page 6
______________________________________________________________________
Figure 2: Curbside Organics Tonnages
Organics collection includes food waste collected in the Green Bin and co-collected leaf
and yard waste, with the exception of dedicated leaf and yard waste collection in the
spring and fall in urban areas. The increase in organics can be attributed to increased
participation in the Green Bin program, and co-collected leaf and yard waste.
In preparation for EOW garbage collection and the expected increase in Green Bin
tonnages, staff began to deliver additional supply of Green Bins to distribution centres
throughout the region, providing residents the opportunity to purchase additional
containers. In 2020, staff delivered 12,077 Green Bins to distribution centres, a near 60
per cent increase over the 7,569 Green Bins delivered in 2019. In 2021, staff delivered
8,903 number Green Bins to distribution centres.
3. Curbside Recycling Tonnages
Curbside recycling tonnages have increased 9.7 per cent since the start of EOW
garbage collection compared to the same time period in 2019 and 2020. Table 3 and
Figure 3 provide a monthly comparison. The tonnages include all recycling collected in
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
TonnesMonth
Organics Tonnages
2019 2020 2021
Page 220 of 361
WMPSC-C 41-2021
December 13, 2021
Page 7
______________________________________________________________________
Blue/Grey Boxes, Blue/Grey Carts, bundled cardboard and front-end cardboard
collection from downtown St. Catharines.
Table 3: Curbside Recycling Tonnages
Month Before EOW
(Tonnes)
After EOW
(Tonnes) Difference
October
(last two weeks)
1,424 1,563 9.8%
November 2,945 3,213 9.1%
December 3,321 3,912 17.8%
January 3,213 3,390 5.5%
February 2,527 2,987 18.2%
March 3,058 3,399 11.2%
April 3,162 3,412 7.9%
May 3,114 3,226 3.6%
June 3,342 3,526 5.5%
July 3,299 3,382 2.5%
August 2,927 3,210 9.7%
September 3,160 3,502 10.8%
October
(first two weeks)
1,456 1,822 25.1%
Total 36,948 40,544 9.7%
Page 221 of 361
WMPSC-C 41-2021
December 13, 2021
Page 8
______________________________________________________________________
Figure 3: Curbside Recycling Tonnages
Similar to the Green Bins, additional Blue and Grey Boxes were delivered to distribution
facilities for resident purchase. In 2020, staff delivered 25,464 Blue/Grey Boxes to
distribution centres, a 20.5 per cent increase over the 21,131 Blue/Grey Boxes
delivered in 2019. As of October 21, 2021, staff delivered 21,146 Blue/Grey Boxes to
distribution centres this year.
Further to the EOW analysis above, Niagara Region completed a waste composition
study and environmental benefits analysis to further review the impact of EOW garbage
collection.
Waste Composition Study
As part of the EOW garbage collection analysis, the Region completed a waste
composition study. The 2020-2021 four (4)-season average curbside waste diversion
rate is 60 per cent, an increase of 14.3 per cent from the 2015-2016 diversion rate of
45.7 per cent. This can be attributed to the implementation of EOW garbage collection,
which resulted in residents decreasing their disposal of garbage, and increasing their
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
TonnesMonth
Recycling Tonnages
2019 2020 2021
Page 222 of 361
WMPSC-C 41-2021
December 13, 2021
Page 9
______________________________________________________________________
diversion of recycling and organics. The results of this waste composition study were
presented at the October 18, 2021 WMPSC meeting, and can be found in the
memorandum, WMPSC-C 34-2021.
Environmental Benefits Analysis
Niagara Region retained Sound Resource Management Group, Inc. (SRMG) to
evaluate and quantify the environmental benefits over the first year following the
Region’s switch to EOW curbside garbage collection. SRMG was to: Evaluate the
garbage collection decreases, organics collection increases and recycling collection
increases during this first year of EOW curbside garbage collection;
• Estimate the environmental impacts of these changes in waste diversion and
disposal; and
• Estimate the economic value of the changes in environmental impacts.
The report completed by SRMG can be found in Appendix 1. SRMG analyzed the
curbside tonnages as well as the combined curbside and drop-off depot tonnages.
1. Curbside Collection Tonnages
SRMG analyzed the curbside collection tonnages both before and after EOW garbage
collection; however, a marginally different time period was reviewed than in the analysis
completed by the Region. SRMG analyzed data from October 26, 2020 through October
22, 2021. The first week of EOW garbage collection (week of October 19, 2020) was not
included in the analysis as Collection Area One (1) had received garbage collection the
previous week; therefore, the amount of garbage placed at the curb would likely have
been lower than what is expected for the EOW garbage collection frequency.
An additional difference between the analysis completed by staff and that of SRMG is
that SRMG included dedicated leaf and yard waste and brush in the organics total. The
Region’s analysis of organics did not include dedicated leaf and yard waste and brush
as the focus was on Green Bin organics tonnages. Combining this data with dedicated
leaf and yard waste could potentially over or understate the impact of EOW garbage
collection on the organics program, depending on the amount collected.
Table 4 breaks down the curbside tonnages, which have been adjusted to account for
processing residues.
Page 223 of 361
WMPSC-C 41-2021
December 13, 2021
Page 10
______________________________________________________________________
Table 4: SRMG Analysis of Curbside Collected Tonnages
Waste Stream Before EOW
(Tonnes)
After EOW
(Tonnes)
Difference
Garbage 80,939 70,238 -13.2%
Recycling 33,153 35,809 8.0%
Organics
(including leaf and
yard waste)
38,140 45,620 19.6%
Decreases in curbside collected garbage tonnages suggest diversion increases in the
recycling and organics waste streams are a direct result of the change to EOW garbage
collection.
2. Curbside Collection and Self-Haul Diversion
In addition to curbside collection, residents and businesses are able to self-haul their
waste to depots. SRMG compared combined annual totals for both before and after
EOW for curbside collection and self-haul deliveries. Table 5 provides a breakdown of
tonnages, which have been adjusted to account for processing residues.
Table 5: SRMG Analysis of Curbside and Self-Haul Tonnages
Waste Stream Before EOW
(Tonnes)
After EOW
(Tonnes)
Difference
Garbage 117,128 111,702 -4.6%
Recycling 34,549 37,349 8.1%
Organics
(including leaf and
yard waste)
51,005 59,948 17.5%
The combined curbside and self-haul data shows only a 4.6 per cent decrease for
garbage diverted when compared to just curbside collection, which saw a reduction of
13.2 per cent in the analysis by SRMG.
It is possible that residents will have used the drop-off depot to supplement EOW
garbage collection. However, the change to EOW from weekly curbside garbage
collection was not the only major occurrence during 2020-2021 that could have altered
solid waste disposal and diversion behaviors. Other potential drivers of change include,
but are not limited to, the COVID-19 pandemic, in which travel restrictions or shutdowns
Page 224 of 361
WMPSC-C 41-2021
December 13, 2021
Page 11
______________________________________________________________________
forced people to stay home, and in many cases work from home, and economic growth
in spring 2021.
3. Environmental Impacts and Economic Value of EOW Garbage Collection
SRMG relied on its proprietary Measuring Environmental Benefits Calculator (MEBCalc)
to evaluate nine (9) environmental impacts of switching from weekly to EOW curbside
garbage collection. The environmental benefits of these disposal reductions and
diversion increases are substantial, including the following annual tonnes of pollution
decreases:
• 18,400 tonnes in climate changing carbon dioxide equivalent (CO2e or eCO2)
emissions;
• 4.7 tonnes in fine particle emissions (ePM2.5) that cause respiratory cancers and
asthmas;
• 1,375 tonnes in non-carcinogenic and carcinogenic toxic chemical pollutants;
• 93 tonnes in nitrogen equivalent (eN) emissions that cause waterways
eutrophication; and
• 350 tonnes in ozone equivalent (eO3) emissions that cause ground level smog
formation.
The tonnage totals for these pollution reductions are different quantitatively, so it can be
difficult to prioritize trade-offs between public health and environmental impacts. One
solution is to monetize these impacts into economic cost and benefit dollar values so
that they can be compared and summed up into overall totals. It is estimated that the
pollution reductions associated with disposal tonnage decreases and diversion tonnage
increases amount to $13.2 million CAD, or $1,300 CAD per average metric tonne of
additional curbside diversion.
Illegal Dumping
Based on comments received from municipal comparators who have implemented
EOW garbage collection, Niagara Region expected this change in garbage collection
frequency to influence illegal dumping for a short term; however, other municipalities
experienced a leveling off back to normal levels in the long term. In 2020, there were
678 incidents of illegal dumping investigated by Niagara Region. This is a small
increase over the 677 incidents that were investigated in 2019. EOW garbage collection
did not appear to have a large impact on the number of reported incidents of illegal
dumping in 2020.
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______________________________________________________________________
In 2021, Waste Management staff have continued to respond to reports of illegal
dumping, as well as proactively monitored hotspots and public space litter bins. The
number of reported incidents can be highly influenced by the amount of proactive
monitoring undertaken by Regional staff. This is especially true for illegal dumping that
occurs in or around public space litter bins. As of October 15, 2021, 630 incidents of
illegal dumping have been investigated in 2021. An update on illegal dumping in 2021
will be provided next year.
Next Steps
The goal for reducing the frequency of garbage collection to EOW was to encourage
residents to divert waste through use of the Blue/Grey Box and Green Bin, both of
which are still collected weekly. A one (1)-year review of this change has shown a
decrease in garbage collected from the curb, and increases in the recycling and
organics programs. Participation in diversion programs has increased based on the
number of containers distributed and an improved curbside diversion rate, as
determined by the Waste Composition Study. The benefits of EOW garbage collection
were not only seen at the curb, but also in terms of environmental benefits, such as
decreases in pollution.
Staff will continue to monitor the diversion impact of the change to EOW garbage
collection.
Respectfully submitted and signed by
________________________________
Alison Powell,
Waste Management Business Support Analyst
Appendices
Appendix 1 Environmental Benefits Analysis Report
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Niagara Region EOW Garbage Collection Environmental Benefits Analysis
Prepared by Dr. Jeffrey Morris, Sound Resource Management Group, Inc.
I. Summary and Conclusions
Niagara Region’s implementation of every-other-week (EOW) curbside garbage
collection in October 2020 resulted in an increased amount of diverted waste collected
at the curb. Pre-EOW, 46.8% of waste collected at the curb was diverted from landfill
using the organics and recycling programs. After EOW, 53.7% of curbside collected
waste was diverted from landfill, an increase of 6.9%.
At the same time EOW garbage collection reduced annual disposal amounts by 10,700
metric tons (MT). These results are based on comparing curbside garbage collection
customer disposal and diversion tonnages for the year following Niagara Region’s
implementation of curbside garbage EOW collection frequency against the year prior to
EOW implementation when curbside garbage was collected weekly.
The environmental benefits of these disposal reductions and diversion increases are
substantial, including the following annual metric tons of pollution decreases:
• 18,400 MT climate changing carbon dioxide equivalent (CO2e or eCO2) emissions,
• 4.7 MT in fine particle emissions (ePM2.5) that cause respiratory cancers and
asthmas,
• 1,375 MT decrease in non-carcinogenic and carcinogenic toxic chemical pollutants,
• 93 MT in nitrogen equivalent (eN) emissions that cause waterways eutrophication,
and,
• 350 MT in ozone equivalent (eO3) emissions that cause ground level smog
formation.
Because the tonnage totals for these pollution reductions are so different quantitatively,
decision makers may have difficulty prioritizing trade-offs between public health and
environmental impacts that differ so widely in magnitude. One solution is to monetize
these impacts into economic cost and benefit dollar values so that they can be
compared and also summed up into overall totals. Using this technique, we estimate
that the pollution reductions associated with disposal tonnage decreases and diversion
tonnage increases discussed in this report amount to $13.2 million (in 2020 Canadian
$), or $1,300 per average metric ton of additional curbside diversion.
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Climate change accounts for the largest portion of this estimate at 40.3% of the total, or
$5.3 million. Perhaps surprisingly, given the small number of metric tons in decreased
pollution of fine particulates listed just above, human health respiratory pollutant
reductions account for the second largest portion of total monetized environmental
benefits at 29.6% of total and $3.9 million in environmental economic value.
Eutrophication comes in third at 24.0% of total environmental economic value and $3.2
million of the overall EOW pollution reduction benefit.
The report below also details the lower environmental benefits when taking into account
the pre-EOW versus post-EOW depot tonnage changes. As discussed below in this
report in more detail regarding this result, there is reason to posit that some EOW
curbside garbage collection customers may have used the depot drop-off facilities to
handle garbage (and perhaps some recyclable and/or compostable materials) during
their week’s in-between EOW garbage collections.
However, there was no change in recyclable or organic material collection frequencies
when EOW garbage collection was implemented. Furthermore, the 5,275 MT increase
in depot garbage for the EOW first year versus the last year for weekly curbside
garbage collection is quite large. If entirely due to EOW curbside customers self-hauling
garbage to depots during weeks between their EOW collections, this depot garbage
tonnage increase would have entailed hundreds of thousands of depot visits annually.
In fact, the number of residential depot trips increased by 56,000. In addition, the
curbside and drop-off depot tonnage changes after introduction of EOW curbside
garbage collection were likely influenced by other factors such as the Covid-19
pandemic, population growth, economic activity levels, weather differences, and
changing purchasing patterns. Effects of such additional factors were not assessed for
this report.
Despite these many unknown effects and uncertainties, the curbside customers’
tonnage only results detailed above and discussed throughout the report appear to be
better estimates for the benefits of EOW curbside garbage collection than the curbside
plus depot tonnage results. Nevertheless, curbside plus depot tonnage comparisons for
EOW versus pre-EOW are reported throughout the report alongside the curbside
customer only results. This provides an indication of the extent to which increased use
of drop-off depots by EOW curbside garbage customers could reduce EOW
environmental benefits. In our judgement, the benefits of EOW seem more likely to be
much nearer to the curbside only results summarized above.
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II. Introduction
Niagara Region engaged Sound Resource Management Group, Inc. (SRMG) to
evaluate and quantify the environmental benefits over the first year following the
Region’s switch to every-other-week (EOW) curbside garbage collection. The switch
from weekly to EOW was implemented October 19, 2020. SRMG’s endeavor required:
1. Evaluating garbage disposal decreases, organics collection increases and recycling
collection increases during this first year of EOW curbside garbage collection,
2. Estimating the environmental impacts of these changes in disposal and waste
diversion, and,
3. Estimating the environmental economic value (EEV) of the changes in
environmental impacts.
SRMG relied on curbside collection and depot drop-off tonnage data, residential drop-
off depot trip counts, and precipitation data supplied by the Region to evaluate changes
in diversion and disposal associated with the change to EOW curbside garbage
collection. SRMG used both curbside collection tonnages as well as curbside plus drop-
off depot tonnages to provide a range of estimates for the disposal and diversion
impacts of the switch to EOW curbside garbage collection. SRMG then used the
tonnage data and its proprietary Measuring Environmental Benefits Calculator
(MEBCalc) to evaluate nine environmental impacts of switching from weekly to EOW
curbside garbage collection:
• Climate Change – the potential increase in greenhouse effects due to
anthropogenic emissions. Carbon dioxide (CO2) originating from human activities
that burn fossil fuels is the most common source of greenhouse gases (GHGs).
Methane from anaerobic decomposition of organic material is a GHG and also a
large source of climate change impacts. The reference substance for climate change
potential is CO2.
• Human Respiratory Disease and Death from Particulates – potential human
health impacts from anthropogenic releases of coarse particles known to aggravate
respiratory conditions such as asthma, releases of fine particles that can lead to
more serious respiratory symptoms and disease, and releases of particulate
precursors such as nitrogen oxides and sulfur oxides. The reference substance for
human respiratory disease potential is particulate matter no larger than 2.5 microns,
PM2.5.
• Human Disease and Death from Toxics – potential human health impacts (other
than respiratory and carcinogenic effects) from releases of chemicals that are toxic
to humans. There are many chemical and heavy metal pollutants that are toxic to
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humans, including 2,4-D, benzene, DDT, formaldehyde, permethrin, toluene,
chromium, copper, lead, mercury, silver, and zinc. The reference substance for
human toxicity potential used in MEBCalc is toluene, T.
• Human Disease and Death from Carcinogens – potential human health impacts
from releases of chemicals that are carcinogenic to humans. Many chemical and
heavy metal pollutants are carcinogenic to humans, including 2,4-D, benzene,
dichlorodiphenyltrichloroethane ( the pesticide commonly known as DDT),
formaldehyde, kepone, permethrin, chromium, and lead. The reference substance
for human carcinogenic potential used in MEBCalc is benzene, B.
• Eutrophication – potential environmental impacts from addition of mineral nutrients
to the soil or water resulting from emissions of eutrophying pollutants to air, soil or
water. The addition to soil or water of mineral nutrients, such as nitrogen and
phosphorous, can yield generally undesirable shifts in the number of species in
ecosystems and a reduction in ecological diversity. In water, nutrient additions tend
to increase algae growth, which can lead to reductions in oxygen and death of fish
and other species. The reference substance for waterways eutrophication potential
is nitrogen, N.
• Acidification – potential environmental impacts from anthropogenic releases of
acidifying compounds, principally from fossil fuel and biomass combustion, which
affect trees, soil, buildings, animals and humans. The main pollutants involved in
acidification are sulfur, nitrogen and hydrogen compounds – e.g., sulfur oxides,
sulfuric acid, nitrogen oxides, hydrochloric acid, and ammonia. The reference
substance for acidification potential is sulfur dioxide, SO2.
• Aquatic Ecosystems Toxicity – the relative potential for chemicals released into
the environment to harm aquatic ecosystems, including wildlife. There are many
chemical and heavy metal pollutants that are toxic to aquatic ecosystems, including
2,4-Dichlorophenoxyacetic acid (an herbicide commonly referred to as 2,4-D),
benzene, DDT, ethyl benzene, formaldehyde, kepone, permethrin, toluene,
chromium, copper, lead, silver, and zinc. The reference substance for aquatic
ecotoxicity potential used in MEBCalc is 2,4-D.
• Ozone Depletion – the relative potential for chemical compounds released into the
atmosphere to cause degradation of the Earth’s ozone layer. The reference
substance for ozone depletion potential (ODP) is trichlorofluoromethane, CFC-11,
where CFC is the acronym for chlorofluorocarbon. CFC-11 is sometimes called R-
11, and is also called carbon tetrachloride.
• Ground Level Smog Formation – the relative potential for chemical compounds
released into the atmosphere to react with sunlight, heat and fine particles to form
ozone (O3). For example, nitrogen oxides (NOx) and volatile organic compounds
(VOCs) released during fuel combustion are some of the chemical compounds that
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contribute to ground level smog formation. The reference substance for smog
formation is ozone, O3.1
MEBCalc uses estimates of pollutant releases associated with waste collections,
processing, disposal and diversion to recycling and/or composting, as well as pollution
releases from manufacturing products from diverted waste materials versus the same
products manufactured from virgin raw materials extracted from Earth’s ecosystems.
Based on these pollution release profiles, MEBCalc calculates quantitative estimates for
the nine environmental impacts.
MEBCalc relies on the U.S. Environmental Protection Agency’s TRACI (Tool for the
Reduction and Assessment of Chemical and Other Environmental Impacts) to provide
characterization factors for pollutants that cause each of these nine environmental
impacts.2 Readers are probably familiar with characterization factors for the climate
change impact of GHGs. Each GHG release is multiplied by its global warming potential
(GWP) relative to carbon dioxide. These GWPs are the TRACI characterization factors
for the GHGs causing climate change. A GWP weight converts each GHG’s emissions
into a carbon dioxide equivalent (CO2e or eCO2). This allows total GHG pollutant
emissions to be characterized by a single number -- their carbon dioxide equivalent
emissions amount.
In addition to climate change, TRACI codifies characterization factors for each of 3,944
chemical and other environmental pollutants for each of the other eight environmental
impacts evaluated by MEBCalc. Like the GWPs for climate change, characterization
factors for the other environmental impacts are based on scientific research and
consensus on the impact severity of each pollutant relative to the reference substance
for each of these other eight environmental impacts.
1 Genesis, Methodology & Sources for MEBCalc, available via email by request to
info@srmginc.com.
2 Jane C. Bare, Developing a Consistent Decision-Making Framework by Using the U.S.
EPA's TRACI, U.S. Environmental Protection Agency, Cincinnati, OH, 2002; Jane C.
Bare, Gregory A. Norris, David W. Pennington and Thomas McKone, TRACI: The Tool
for the Reduction and Assessment of Chemical and Other Environmental Impacts.
Journal of Industrial Ecology 2003, 6(3-4): 49-78; and Jane C. Bare, TRACI 2.0: the tool
for the reduction and assessment of chemical and other environmental Impacts 2.0.
Clean Technologies and Environmental Policy, 2011, 13(5) 687-696, provide
expositions on the original and more recent versions of the TRACI model.
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Finally, MEBCalc estimates the economic value or cost of decreases or increases in
each of the nine environmental impacts. The latest cost estimates for pollutant releases
amounting to one metric ton (MT) for each environmental impact are (in 2020 Canadian
dollars)3:
• Climate Change -- $289 per MT eCO2.
• Human Health Respiratory Effects -- $824,336 per MT ePM2.5.
• Human Health Non-Carcinogenic Effects -- $466 per MT eT.
• Human Health Carcinogenic Effects – $3,328 per MT eB.
• Waterways Eutrophication -- $33,901 per MT eN.
• Acidification -- $559 per MT SO2.
• Aquatic Ecosystems Toxicity -- $5,681 per MT 2,4-D.
• Ozone Layer Depletion -- $77,246 per MT CFC-11.
• Ground Level Smog Formation -- $332 per MT O3.
The following three sections discuss results for disposal and diversion tonnage changes
associated with the switch to EOW curbside garbage collection in the Niagara Region,
the environmental benefits (or costs) of those collection tonnage changes, and the
monetized value of all nine environmental impact benefits resulting from EOW garbage
collection.
III. Tonnage Impacts of EOW Garbage Collections and Self-Hauling to
Depots
Curbside Collection Impacts
Tables 1 and 2 show annual curbside garbage, recycling and organics (including leaf
and yard wastes) collection quantities for the Niagara region for October 26, 2020, thru
October 22, 2021. These are the second through 53rd weeks of curbside EOW garbage
collection. The first week of EOW implementation (the week of October 19, 2020) is not
included because half of curbside garbage customers received garbage collection the
previous week. As a result, their garbage generation for collection in that first week is
lower than normal for EOW collection frequency.
3 Morris, J., Economic Damage Costs for Nine Human Health and Environmental
Impacts, Prepared by SRMG for Oregon Department of Environmental Quality and
Oregon Metro, Portland, OR, July 2020. Available via email by request to
info@srmginc.com.
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Tables 1 and 2 also show collection quantities for the 52 weeks preceding October 19,
2020. Comparisons between these two sets of annual curbside collection data provides
one basis for evaluating diversion and disposal tonnage impacts of EOW curbside
garbage collection. According to the data reported in Table 1, total curbside waste
generation during the two years is very similar at 151,667 MTs for the EOW analysis
year and 152,231 for the pre-EOW year. Total curbside waste generation decreased by
564 MTs, or 0.4%, following EOW implementation.
Table 1 Disposal Reductions and Diversion Increases for the First Year of EOW
Curbside Garbage Collection
Material
Stream
Annual
Tonnes
EOW
Annual
Tonnes
Pre-EOW
Difference
Per Cent
Increase or
Decrease
Garbage 64,364 75,640 -11,275 -14.9%
Recycling 40,140 37,162 2,977 8.0%
Organics
(including
leaf and yard
waste)
47,162 39,429 7,734 19.6%
Table 2 Disposal Reductions and Diversion Increases for First Year of EOW Curbside
Garbage Collection Adjusted for Processing Residues
Material
Stream
Annual
Tonnes
EOW
Annual
Tonnes
Pre-EOW
Difference
Per Cent
Increase or
Decrease
Garbage 70,238 80,939 -10,701 -13.2%
Recycling 35,809 33,153 2,656 8.0%
Organics
(including
leaf and yard
waste)
45,620 38,140 7,481 19.6%
Annual EOW quantities include weeks two thru 53 following EOW implementation
October 19, 2020, to adjust for the fact that half of EOW collection entities received
garbage collection the week prior to EOW week 1.
The 564 MT decrease in total curbside waste generation following curbside EOW
garbage collection implementation, as well as disposal decreases and diversion
increases, may have been influenced by drivers other than just the decrease in garbage
collection frequency. For example:
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• Weather patterns -- precipitation in the Region during the first nine months of 2021
was up 19%, with most of that increase occurring during July thru September. This
would tend to increase post-EOW waste generation due to increases in plant and
turfgrass growth.
• COVID-19 pandemic effects. Some of the effects of the pandemic included business
shutdowns, more employees working at home, increased online purchasing and
home meal preparation with associated decreases of in-store shopping and meals at
restaurants and fast-food outlets, and increased purchases of durable goods and
reduced purchases of services. Whether these effects tended to increase or
decrease pre-EOW versus post-EOW waste generation is not known.
• Economic activity levels. The aggregate demand effects from shutdowns and
lockdowns of 2020 versus pent-up demand surges of mid-2021 also had unknown
impacts on pre- and post-EOW curbside waste generation.
• Population growth. This driver would tend to increase waste generation post-EOW.
More important, and certainly of much greater magnitude, than the 0.4% decrease in
curbside customer overall waste generation post-EOW is the rather dramatic shift in
garbage and diversion quantity proportions of total waste generation following EOW
curbside garbage collection implementation. As indicated in Table 1, the first full year of
EOW curbside garbage collection effects differs from the last year of weekly curbside
garbage collection, as follows:
• 11,275 MT lower garbage, a 7.3 percentage points lower proportion of waste
generation going to garbage collection,
• 7,734 MT additional organics collections (including leaf & yard wastes), a 5.2
percentage points higher organics collection proportion, and,
• 2,977 MT additional recycling, a 2.1 percentage point higher recycling collection
proportion.
• Pre-EOW garbage collections accounted for 49.7% of total annual curbside waste
generation, organics collections 25.9%, and recycling collections made up 24.4% of
total waste collected curbside in the Niagara Region. By contrast, following EOW
curbside garbage collections implementation, garbage accounted for 42.4% of
curbside waste generation, organics collections 31.1%, and recycling collections
26.5% of curbside collected wastes.
In other words, instead of following the waste generation disposal and diversion
proportions associated with the final year of weekly curbside garbage collections, EOW
curbside garbage customers in 2020-2021 lowered garbage collection by 11,275 MTs, a
14.9% reduction. This was accomplished by increasing organics collection by 19.6%
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and recycling 8.0%. The diversion rate based on collections, thus, went up to 57.6 % for
EOW curbside garbage collection versus 50.3% for weekly garbage, a 7.3 percentage
point diversion rate increase.
Yet, this is not quite the end of the story for disposal and diversion tonnage changes
associated with the switch to EOW curbside garbage collection. Customers for curbside
collections may place non-recyclable materials in their recycling containers or include
non-compostable materials in their set outs for organics or leaf & yard waste collections.
Material recovery facilities for collected recyclables and composting facilities for
organics and leaf & yard wastes have to sort out and dispose of these non-acceptable
materials. In addition, sorting of the acceptable commingled collected recyclable or
compostable materials into separate material types for marketing by material recovery
and composting facilities is itself not typically 100% efficient and accurate.
Niagara Region staff provided estimates for the year 2020 of disposal residues from
processing recyclables, organics, and leaf & yard waste materials collected from single-
family residential customers. According to these data 10.79% of materials collected for
curbside recycling end up in material recovery facility processing residues for disposal.
The similar estimate for organics and leaf & yard waste composting facility processing
residue disposal amounts to 3.27% of collection tonnages for composting.4
Table 2 reflects tonnage adjustments to account for processing residues. Taking into
account processing residues that end up as garbage, the first full year of EOW curbside
garbage collection differs from the last year of weekly curbside garbage collection, as
follows:
• 10,701 MT less garbage, a 6.9 percentage points lower proportion of waste
generation going to garbage disposal,
• 7,481 MT additional organics diverted (including leaf & yard wastes), a 5.0
percentage points higher organics diversion generation, and,
• 2,656 MT additional recycling, a 1.9 percentage point increase in recycling diversion.
4 There are multi-family apartment building households and IC&I customers using
curbside collections. We assume that single-family processing residue estimates for
2020 are reasonable numbers to use for recycling and organics processing residues for
collection quantities from multi-family and IC&I curbside collection customers. Because
single-family customers account for most curbside collection customers, any differences
in processing residues for these two categories of customers hopefully do not
substantially change the overall weighted average processing residue rates for collected
recyclables or organics.
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• Pre-EOW garbage collections accounted for 53.2% of total annual curbside
customers’ waste generation, organics generation 25.0%, and recyclables
generation made up 21.8% of total waste collected curbside in the Niagara Region.
By contrast, following EOW curbside garbage collections implementation, garbage
accounted for 46.3% of curbside customers’ waste generation, organics generation
30.1%, and recycling generation amounted to 23.6% of curbside collected wastes.
In other words, instead of following the waste generation disposal and diversion
proportions associated with the final year of weekly curbside garbage collections, EOW
curbside garbage customers in 2020-2021 lowered garbage generation by 10,701 MTs,
a 13.2% reduction. This was accomplished by increasing organics diversion by 19.6%
and recycling diversion 8.0%. The diversion rate based on materials actually recycled or
composted, thus, went up to 53.7% for EOW curbside garbage collection versus 46.8%
for weekly garbage, an increase in the disposal diversion rate for organics and
recyclables of 6.9 percentage points. Recyclable materials collected, processed, and
sold to recycled-content product manufacturing markets increased by 2,656 MT as a
result of EOW curbside garbage implementation. Organics materials composted
increased by 7,481 MT.
Curbside plus Self-Haul Disposal and Diversion Impacts
Because residential households and industrial, commercial and institutional (ICI) entities
can self-haul their wastes to depots as well as having them collected curbside, SRMG
also compared annual totals for pre-EOW and post-EOW years for curbside collections
plus self-haul deliveries to depots for garbage, organics and recyclables. Table 3,
Curbside & Self-Haul Disposal Reductions and Diversion Increases for First Year of
EOW Curbside Garbage Collection, displays that comparison.
Table 3 shows annual curbside collection plus depot drop-off garbage, recycling and
organics (including leaf and yard wastes and brush) collection quantities for the Niagara
Region for October 26, 2020, thru October 22, 2021. These are the second through 53rd
weeks of curbside EOW garbage collection. As explained regarding the data in Tables 1
and 2, the first week of EOW implementation (October 19, 2020) is not included in Table
3. Table 3 also shows curbside collection plus depot self-haul quantities for the 52
weeks preceding October 19, 2020.
Depot self-haul garbage and organics collection quantities included in Table 3 are
adjusted for organics processing residues that go to garbage disposal rather than being
processed into compost products. It is assumed that self-haul recycling materials do not
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generate processing residues because they are source sorted for drop off into depot
bins segregated for individually marketed recycled materials.
Table 3 Curbside and Self-Haul Disposal Reductions and Diversion Increases for First
Year of EOW Curbside Garbage Collection
Material
Stream
Annual
Tonnes
EOW
Annual
Tonnes
Pre-EOW
Difference
Per Cent
Increase or
Decrease
Garbage 111,702 117,128 -5,426 -4.6%
Recycling 37,349 34,549 2,800 8.1%
Organics
(including
leaf and yard
waste)
59,948 51,005 8,944 17.5%
Annual EOW quantities include weeks 2 thru 53 following EOW implementation October
19, 2020, to adjust for the fact that half of EOW collection entities received garbage
collection the week prior to EOW week 1.
Table 3 data combining curbside and depot tonnages adjusted for processing residues
show a substantial 49% lower decrease for garbage disposal impacts of EOW garbage
collection than Table 1 does for curbside alone. This is because annual self-haul
garbage tonnage increased substantially by 5,275 MT following implementation of
curbside EOW garbage collection. This suggests that some EOW curbside garbage
collection households and ICI curbside garbage customers may have diverted some of
their garbage to self-haul during the in-between weeks of their EOW curbside garbage
collections. In doing so, they could also have brought along recyclables and/or organics
for drop off at the same time. Table 2 displays increases in diversion to recycling and
organics.
The mandatory switch to EOW from weekly curbside garbage collection in Niagara
Region was not the only major occurrence during 2020-2021 that might be expected to
have altered solid waste disposal and diversion behaviors. Other potential factors
driving changes in curbside collection and depot drop off disposal and diversion
quantities include:
• Responses to the worldwide COVID pandemic, such as school, business and
institutional shutdowns, as well as travel restrictions that became widespread in
spring 2020, continuing throughout the remainder of that year and into 2021.
• Employees shifting to working remotely at home during the same time period.
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• The spring 2021 surge in economic activity from pent up demand and population
relief at being able to get out and about once many thought the pandemic was
tamed.
Whatever may have been the cause of collection versus self-haul delivery tonnage
impact differences, one approach to estimating the impact of EOW curbside garbage
collection would be to use the tonnage impacts shown in the two tables as lower and
upper bounds. In other words, EOW curbside garbage collection annual impacts
resulted in a disposal decrease (after accounting for disposal of processing
contaminants and rejects) between 5,426 and 10,701 MT. The respective diversion
increases were between 7,481 and 8,944 MTs of increased composting and between
2,656 and 2,800 MTs of increased sales of recycled materials to manufacturers of
recycled content products.
The corresponding diversion increase falls somewhere in the interval between 4.4 and
6.9 percentage points as a result of the switch to EOW curbside garbage collection. The
curbside diversion percentage for EOW is 53.7% versus 46.8% pre-EOW. Curbside
plus depot diversion percentage is 46.6% versus 42.2% pre-EOW.
There is reason to suspect that the depot annual disposal and diversion increases for
EOW versus pre-EOW are not all the result of curbside garbage customers flocking to
drop-off depots in the weeks between their EOW garbage pickups. For one thing EOW
curbside garbage customers did not have any change in their organics or leaf & yard
waste collection frequencies or capabilities.
More importantly, the additional 5,275 MT going to landfill disposal from depot drop-off
garbage increases during the first year of EOW most likely could not have come entirely
from EOW curbside garbage collection customers. Even at the very high rate of 25
kilograms of garbage per trip self-hauled by EOW customers to a depot during off
weeks for garbage collection, it would entail an additional 211,000 depot visits in total,
or 4,060 per week, during the first year of EOW garbage collection by EOW curbside
garbage collection customers in order to increase depot garbage quantities by 5,275
MT.
In fact, residential drop-off depot traffic counts increased by 56,000 trips post-EOW
versus pre-EOW, only a little more than 25% of the 211,000 depot visits increment
derived above. Thus, the disposal and diversion changes shown in Table 1 rather than
those shown in Table 2 are likely to be closer to the true amount of disposal and
diversion tonnage changes induced by the Niagara Region switch to EOW curbside
garbage collection frequency. Nevertheless, due to the uncertain and unknown impacts
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of other potential drivers of disposal and diversion tonnage changes post- versus pre-
EOW, we report curbside plus depot, as well as curbside only, results throughout this
report.
IV. Environmental Impacts of EOW Curbside Garbage Collection
Table 4: Estimated Pollution Decrease/(Increase) Associated with EOW Garbage
Collection shows estimated pollution decreases or increases associated with
implementation of EOW curbside garbage collection. Decreases in pollution during the
first year of EOW curbside garbage collection versus pollution during the last year of
weekly curbside garbage collection are displayed as positive numbers to emphasize the
environmental benefit of less pollution.
Table 4 shows increased or decreased environmental benefits of diversion tonnage
changes for EOW garbage collection customers alone, as well as for curbside
customers plus depot disposal and diversion tonnage changes, during the first year of
EOW curbside garbage collection in the Niagara Region 5. Some households and ICI
entities using curbside garbage collection may have increased self-hauling of garbage,
as well as recyclables and organics, to depots during the in-between weeks for their
garbage collection. Unfortunately, the depot tonnage data do not identify whether a
depot drop-off customer is a curbside garbage collection customer. Hence, the depot
tonnage changes for the first EOW year versus the last weekly curbside garbage
collection year likely overestimate, perhaps substantially, any increased use of depot
drop-off facilities for disposal or diversion by curbside garbage collection customers.
Nevertheless, curbside plus depot tonnage changes for the EOW first year versus the
weekly last year are provided in Table 4 to indicate the potential low end for pollution
benefits of EOW garbage collection.
5 The 564 MT decrease in total curbside waste generation during the first complete
post-EOW year is not included as a benefit of EOW implementation in our evaluation of
the benefits of EOW compared to weekly curbside garbage collection. The additional
depot garbage disposal tonnage post-EOW is counted as a decrease in environmental
benefits for the curbside plus depot calculation of environmental benefits for EOW
curbside garbage collection. These two methodological assumptions provide a
conservative basis for both high and low estimates for the environmental benefits of
EOW garbage collection.
Page 239 of 361
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Appendix 1
December 13, 2021
Table 4 Estimated Pollution Decrease/Increase Associated with EOW Garbage
Collection
Pollution
Environmental
Impact
Pollution
Indicator
Substance
Pollution
Decrease/(Increase)
(MT indicator
Substance) -
Curbside Only
Pollution
Decrease/(Increase)
(MT indicator
Substance) -
Curbside and Depot
Climate Change eCO2 18,413.92 10,725.08
Human Health -
Respiratory
ePM2.5 4.73 1.14
Human Health –
Non-Carcinogenic
eT 1,366.97 (1,514.32)
Human Health –
Carcinogenic
eB 8.39 (10.84)
Eutrophication eN 93.39 56.56
Acidification eSO2 29.88 (8.48)
Ecosystems
Toxicity
e2,4-D 0.04 (0.17)
Ozone Depletion eCFC-11 0.05 0.03
Smog Formation eO3 348.67 (142.89)
The pollutant decreases or increases for each of the nine environmental impacts are
measured in terms of the indicator substance for each impact. For example, for climate
change curbside only diversion tonnage increases reduced climate impacts by 18,413.9
MT eCO2. However, for curbside plus depot disposal and diversion tonnage changes,
the additional depot disposal offset the additional depot diversions, decreasing climate
benefits to 10,725.1 MT eCO2.
Table 4 also shows that the absolute quantity of pollution decreases or increases
measured in terms of each environmental impact’s indicator substance vary
dramatically among the nine environmental impacts. Curbside EOW pollution decreases
range from 18,413.9 MT eCO2 for climate change down to less than a tenth MT e2,4-D
for aquatic ecosystems toxicity reductions and eCFC-11 for ozone depletion impact
reductions. These quantitative disparities present challenges for decision makers who
may need to somehow compare and prioritize these environmental impact reductions.
Section V details the monetization method for comparing impact reductions. Figure 1 in
this section introduces that method’s economic valuations for GHG reductions along
with its display of estimated GHG reduction quantities associated with EOW curbside
garbage collection.
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Appendix 1
December 13, 2021
Figure 1 GHG Reductions and Environmental Economic Value (EEV) per MT Material
Diverted Curbside
Figure 1: GHGs Reductions & Environmental Economic Value (EEV) per MT Material
Diverted Curbside displays in bar graph format the GHG reductions per MT for materials
collected in curbside recycling when those materials are diverted from disposal.
Reductions due to recycling are shown on Figure 1 as positive numbers to emphasize
the environmental benefits of diverting materials from disposal to recovery for use in
manufacturing recycled-content products or composting into soil amendments.
Figure 1 text to the right of the graph’s blue bars give the environmental benefit
valuation for GHG changes for the different materials whose diversion was increased
during the first year of EOW curbside garbage collection. For example, as indicated in
Figure 1, diverting aluminum reduces climate impacting GHG emissions more than 2.5
-2 0 2 4 6 8 10 12
GHG MT eCO2 Reductions(+)/Increases(-) per MT Material Diverted from Disposal
GHGs (MT eCO2) & Their Enironmental Economic Value (EEV) per MT Diverted
EEV $321
EEV
$3075
EEV $492
EEV $315
EEV $459
EEV $716
EEV $894
EEV $1197
EEV $-27
EEV $344
EEV $491
Page 241 of 361
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Appendix 1
December 13, 2021
times as much as diverting a metric ton of any of the other materials collected curbside
for diversion. The GHG reductions from recycling a metric ton of aluminum have an
environmental economic value (EEV) of $3,075 per MT recycled.
Diversion of paper fiber ranks second in EEV. Food scraps, plastic film and PET rank
third in terms of climate impact reductions and EEV per MT. Yard debris and HDPE
come next. Glass containers diverted for use as construction aggregates rank last and
slightly increase GHGs versus landfill disposal.
V. Comparison of Economic Benefits for Each Environmental Impact
Pollution Reduction
It is apparent from the pollution decrease or increase estimates shown on Table 4 that
the nine different environmental impacts have vastly different absolute levels of pollution
reduction as measured by each impact’s pollution indicator substance. This is in part
due to the different scale of emissions measured by each impact’s reference substance.
Tables 5 and 6 show the environmental economic value for decreases in pollution
emissions for each of the nine public health and environmental impact categories.
Table 5 Economic Value of Pollution Decreases Due to EOW Curbside Garbage
Collection
Environmental
Impact
Pollution
Indicator
Substance
Midpoint
Economic
Cost of
Pollution
per MT
(CDN $)
Curbside
Only -
Pollution
Decreases
Curbside
Only -
Value of
Decreases
(CDN $)
Curbside
Only – Per
Cent of
Total
Benefit
Climate Change eCO2 $288.35 18,413.92 $5,309,772 40.3%
Human Health -
Respiratory
ePM2.5 $824,335.45 4.73 $3,902,718 29.6%
Human Health
– Non-
Carcinogenic
eT $465.81 1,366.97 $636,746 4.8%
Human Health
– Carcinogenic
eB $3,328.67 8.39 $27,913 0.2%
Eutrophication eN $33,900.36 93.39 $3,165,898 24.0%
Acidification eSO2 $558.97 29.88 $16,701 0.1%
Ecosystems
Toxicity
e2,4-D $5,681.36 0.04 $250 <0.1%
Ozone
Depletion
eCFC-11 $77,246.25 0.05 $3,611 <0.1%
Page 242 of 361
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Appendix 1
December 13, 2021
Environmental
Impact
Pollution
Indicator
Substance
Midpoint
Economic
Cost of
Pollution
per MT
(CDN $)
Curbside
Only -
Pollution
Decreases
Curbside
Only -
Value of
Decreases
(CDN $)
Curbside
Only – Per
Cent of
Total
Benefit
Smog
Formation
eO3 $332.05 348.67 $116,010 0.9%
Overall Total
Benefit
N/A N/A N/A $13,179,620 100.0%
Table 6 Economic Value of Pollution Decreases Due to EOW Curbside and Depot
Garbage Collection
Environmental
Impact
Pollution
Indicator
Substance
Midpoint
Economic
Cost of
Pollution
per MT
(CDN $)
Curbside
and Depot
- Pollution
Decreases
Curbside
and Depot -
Value of
Decreases
(CDN $)
Curbside
and Depot
– Per Cent
of Total
Benefit
Climate Change eCO2 $288.35 10,725.08 $3,092,645 59.9%
Human Health -
Respiratory
ePM2.5 $824,335.45 1.14 $943,350 18.3%
Human Health
– Non-
Carcinogenic
eT $465.81 -1,514.32 -$705,378 -13.7%
Human Health
– Carcinogenic
eB $3,328.67 -10.84 -$36,067 -0.7%
Eutrophication eN $33,900.36 56.56 $1,917,294 37.2%
Acidification eSO2 $558.97 -8.48 -$4,743 -0.1%
Ecosystems
Toxicity
e2,4-D $5,681.36 -0.17 -$968 >0.1%
Ozone
Depletion
eCFC-11 $77,246.25 0.03 $2,051 <0.1%
Smog
Formation
eO3 $332.05 -142.89 -$47,543 -0.9%
Overall Total
Benefit
N/A N/A N/A $5,160,641 100.0%
Pollution environmental costs for each environmental impact are based on a recent
study and literature review by SRMG for the Oregon Department of Environmental
Quality and Oregon Metro. That study developed low and high estimates for the human
health and environmental costs incurred from emissions of the indicator substances for
each of the nine environmental impacts. For this report, the midpoint of these Oregon
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Appendix 1
December 13, 2021
study ranges in 2019 U.S. dollars was converted to 2020 Canadian dollars. These
midpoints for the environmental economic cost of releases of each indicator pollutant is
listed in the introduction to this report and also shown in Tables 5 and 6.
As indicated in Tables 5 and 6 the value of annual pollution decreases caused by landfill
disposal decreases and diversion increases associated with the switch to EOW
curbside garbage collection in the Niagara Region is between $5.2 million and $13.2
million. This is quite a wide range. The lower end includes the environmental cost of an
additional 5,275 MT going to landfill disposal due to depot drop-off garbage increases
during the first year of EOW. As indicated previously in this report, much of the tonnage
changes for depots may have little to do with increased use of depot drop-off facilities
by curbside garbage collection customers during the first year of EOW garbage
collection. The curbside only environmental valuation of $13.2 million, thus, may be a
closer approximation to the environmental benefits induced by the switch to EOW
curbside garbage.
Figure 2: Percentage Shares of Environmental Economic Value for EOW Curbside
Garbage Collection Benefits provides a visualization for the distribution of total EOW
environmental benefits among the nine environmental impacts. This distribution is also
listed on Table 5.
Page 244 of 361
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Appendix 1
December 13, 2021
Figure 2 Percentage Shares of Environmental Economic Value
Figure 2 shows that climate benefits provide the largest total environmental economic
value among the nine environmental impacts whose environmental economic value is
assessed by MEBCalc. Climate changing GHG reductions induced by EOW curbside
garbage collection have an economic value of $5.3 million, 40.3% of the $13.2 curbside
only benefits. Emissions decreases due to Niagara Region’s switch to EOW curbside
garbage collection in pollutants that cause respiratory diseases have the second highest
environmental economic value at $3.9 million. This accounts for 29.6% of overall
curbside waste disposal decrease and diversion increase benefits from EOW garbage
collection. Reduced eutrophication of waterways is third at $3.2 million, accounting for
24.0% of monetized environmental benefits for EOW garbage collection. Reductions of
non-carcinogenic toxics emissions amount to 4.8% of total environmental economic
benefits.
Percentage Shares of Environmental Economic Value for
EOW Curbside Garbage Collection Environmental Benefits
Climate (40.3%)
HH - Respiratory (29.6%)
HH - Non-Cancer (4.8%)
HH - Cancer (0.2%)
Eutrophication (24.0%)
Acidification (0.1%)
EcoToxicity (<0.1%)
Ozone Depletion (<0.1%)
Smog Formation (0.9%)
Page 245 of 361
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
January 21, 2022
CL 2-2022, January 20, 2022
PEDC 1-2022, January 12, 2022
PDS 1-2022, January 12, 2022
DISTRIBUTION LIST
SENT ELECTRONICALLY
Uppers Quarry Regional Official Plan Amendment 22
PDS 1-2022
Regional Council, at its meeting held on January 20, 2022, passed the following
recommendations of its Planning and Economic Development Committee:
1. That Report PDS 1-2022 BE RECEIVED for information; and
2. That a copy of Report PDS 1-2022 BE CIRCULATED to the City of Niagara
Falls, the Niagara Peninsula Conservation Authority and MacNaughton Hermsen
Britton Clarkson Planning Limited.
A copy of Report PDS 1-2022 is enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:cv
CLK-C 2022-007
Distribution List
Bill Matson, City Clerk, City of Niagara Falls
Grant Bivol, Clerk, Niagara Peninsula Conservation Authority
Debra Walker, Partner and Planner, MacNaughton Hermsen Britton Clarkson Planning Limited
cc:
M. Sergi, Commissioner, Planning and Development Services
N. Oakes, Executive Assistant, Planning and Development Services
B. Fricke, Senior Planner, Planning and Development Services
Page 246 of 361
PDS 1-2022
January 12, 2022
Page 1
Subject: Uppers Quarry Regional Official Plan Amendment 22
Report to: Planning and Economic Development Committee
Report date: Wednesday, January 12, 2022
Recommendations
1. That Report PDS 1-2022 BE RECEIVED for information; and
2. That a copy of Report PDS 1-2022 BE CIRCULATED to the City of Niagara Falls,
the Niagara Peninsula Conservation Authority and MacNaughton Hermsen Britton
Clarkson Planning Limited.
Key Facts
• The purpose of this report is to advise Regional Council that an application has been
received by Walker Aggregates Inc. for the establishment of a new quarry, known as
the Upper’s Quarry, on lands located east of Thorold Townline Road, north and
south of Upper’s Lane, and west of Beachwood Road in the City of Niagara Falls
(Appendix 1).
• The application is to amend the Regional Official Plan (ROP). Concurrent
applications to amend the City of Niagara Falls local Official Plan (LOP) and Zoning
By-law have been submitted to the City.
• A Joint Agency Review Team (JART) comprised of staff from the Region, the City of
Niagara Falls and the Niagara Peninsula Conservation Authority (NPCA) has been
established to review the application.
• The Region is the approval authority for the Regional Official Plan Amendment
(ROPA) and local Official Plan Amendment (LOPA).
• The first public open house, which will be jointly run by Niagara Region and the City
of Niagara Falls, will be scheduled early in 2022.
• The applicant has also filed an application for a Category 2 (Below Water Quarry) -
Class A Licence to the Ministry of Northern Development, Mines, Natural Resources
and Forestry (MNDMNRF) under the Aggregate Resources Act (ARA).
• The MNDMNRF is the approval authority for the ARA application and the Region is a
commenting agency. The Regional and local planning approvals must be in place
before a decision on the ARA application will be made by MNDMNRF.
• Over the course of the review of the application, which will take several months,
Regional Council will be informed of the status of the review. Staff will report back to
Council after the open house, and before the Statutory Public Meeting.
Page 247 of 361
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January 12, 2022
Page 2
______________________________________________________________________
Financial Considerations
There are no financial considerations arising from this report, as the cost of work
associated with application review is recovered through planning fees ($131,530) in
accordance with the Council approved Schedule of Rates and Fees. Costs of
advertising for open houses and public meetings are also paid by the applicant, and the
Region has entered into a Cost Acknowledgement Agreement with the applicant to
cover other costs associated with the application (i.e., peer reviews).
Analysis
The application proposes that the ROP be amended to permit the establishment of a
new quarry on lands located east of Thorold Townline Road, north and south of Upper’s
Lane, and west of Beachwood Road in the City of Niagara Falls (Appendix 1). The lands
are currently occupied by a mix of agricultural field crops, rural residential uses, a place
of worship and environmental features.
The subject lands are designated Good General Agriculture and Environmental
Conservation Area in the ROP. Based on the policies of the ROP, where a new pit or
quarry or an extension to an existing licensed pit or quarry are to be located outside a
possible aggregate area (illustrated on Schedule D4), a ROPA is required. The subject
lands are not shown on ROP Schedule D4, therefore, a ROPA is required.
The ROPA application was submitted on November 22, 2021, and staff is currently
reviewing the submission for completeness in accordance with the requirements of the
Planning Act. Concurrent applications for a local Official Plan Amendment and a Zoning
By-law Amendment have been submitted to the City of Niagara Falls. The ROPA and
LOPA will be processed concurrently.
A joint open house for the ROPA and LOPA will be scheduled early in the New Year via
Zoom. Advertising for the open house will be posted on the Region’s website, in
Niagara This Week, and provided via mail to all property owners in proximity to the
subject lands. A statutory public meeting, in accordance with the requirements of the
Planning Act, will be scheduled at a later date. Comments received from the public in
either the joint public open house or the statutory public meeting will be brought forward
to Committee for consideration.
An application for a Category 2 (Below Water Quarry) - Class A Licence has also been
submitted to the MNDMNRF under the Aggregate Resources Act. The total area to be
Page 248 of 361
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January 12, 2022
Page 3
______________________________________________________________________
licensed is 103.6 hectares, of which 89.1 hectares is proposed for extraction. The
MNDMNRF is the approval authority for the Aggregate Resources Act application and
the Region is a commenting agency. Prior to the final approval of the provincial
Aggregate Resources Act license, the appropriate municipal land use approvals must
be in place. The Region will provide comments to the MNDMNRF to advise them of the
status of the Planning Act applications through the Aggregate Resources Act process.
JART Process
As previously communicated to Council, a Joint Agency Review Team (JART) has been
formed to coordinate the technical review of all quarry applications. The JART is a staff
team representing the Region, the City of Niagara Falls, and the Niagara Peninsula
Conservation Authority (NPCA). The purpose of JART is to share information,
resources, and expertise so that the applications and the associated studies are
reviewed in a streamlined and coordinated manner. Staff from interested provincial
ministries will be engaged through the JART process as well. The JART does not make
a recommendation on the applications, but works collaboratively to review the studies
and ensure coordinated public and stakeholder engagement and consultation. Once all
reviews are complete, a technical JART report will be prepared on the applications for
use independently by staff at each agency as the technical basis to develop a
recommendation report, which is then considered by the decision-makers at each
individual agency.
Alternatives Reviewed
As this report is for information, there are no alternatives reviewed.
Relationship to Council Strategic Priorities
This report is provided to execute Regional Council’s Strategic Priority for a Sustainable
and Engaging Government and Responsible Growth and Infrastructure Planning. By
reviewing development planning applications for conformity with the planning policy
regime, the Region fulfills our commitment to high quality, efficient and coordinated
service through enhanced communication, partnership and collaboration. Review of the
applications in a coordinated manner will also ensure that Council’s priority for
preservation of the natural environment is addressed in a holistic manner.
Page 249 of 361
PDS 1-2022
January 12, 2022
Page 4
______________________________________________________________________
Other Pertinent Reports
None
________________________________
Prepared by:
Britney Fricke, MCIP, RPP
Senior Planner
Planning and Development Services
_______________________________
Recommended by:
Michelle Sergi, MCIP, RPP
Commissioner
Planning and Development Services
________________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was reviewed by Erik Acs, MCIP, RPP, Manager of Community Planning
and Doug Giles, Director of Community and Long Range Planning.
Appendices
Appendix 1 Location Map
Page 250 of 361
PDS 1-2022
Appendix 1
Location Map
Page 251 of 361
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
January 21, 2022
CL 2-2022, January 20, 2022
PEDC 1-2022, January 12, 2022
PDS 2-2022, January 12, 2022
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
Niagara Official Plan: Proposed Draft for Consultation
PDS 2-2022
Regional Council, at its meeting held on January 20, 2022, passed the following
recommendation of its Planning and Economic Development Committee:
That Report PDS 2-2022, dated January 12, 2022, respecting Niagara Official Plan:
Proposed Draft for Consultation, BE RECEIVED for information, and BE CIRCULATED
to the local area municipalities.
A copy of PDS 2-2022 is enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:cv
CLK-C 2022-008
cc:
M. Sergi, Commissioner, Planning and Development Services
N. Oakes, Executive Assistant, Planning and Development Services
D. Heyworth, Official Plan Policy Consultant
Page 252 of 361
PDS 2-2022
January 12, 2022
Page 1
Subject: Niagara Official Plan: Proposed Draft for Consultation
Report to: Planning and Economic Development Committee
Report date: Wednesday, January 12, 2022
Recommendations
1. That Report PDS 2-2022, BE RECEIVED for information regarding the proposed
draft consolidated Niagara Official Plan for consultation.
2. That the draft Niagara Official Plan BE CIRCULATED to the area municipalities.
Key Facts
• The purpose of this report is to inform Council that a draft consolidated Niagara
Official Plan (NOP) has been made available on the website for public and agency
review and comment.
• This report outlines the contents of the NOP including resource, regional structure,
transportation, infrastructure, and climate action policies. In addition, it highlights
ongoing consultation, including open house webinars in January.
• The Natural Environment System (NES) mapping was made available online for
public, local municipalities and agencies to comment on in early January. The NES
policies and mapping have been included in the draft NOP. Adjustments will be
made as necessary.
• Comments on the proposed settlement area boundary expansion areas are
requested by February 7th, 2022. The draft settlement area boundary expansions
have been included in the draft NOP and adjustments will be made as necessary.
• The statutory public meeting for the NOP will be scheduled in early Spring.
• Following the public meeting and input received, a final version of the NOP will be
brought to Council for consideration. The deadline for submitting the Regional
Official Plan to the Province is July 1, 2022.
Financial Considerations
There are no financial considerations directly related to this report. Council approved
the resources to complete the Niagara Official Plan (“NOP”) over a five year period as
part of the 2017 Budget Process.
Page 253 of 361
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January 12, 2022
Page 2
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The growth forecasts associated with the NOP inform the Niagara 2051 initiatives,
guiding updates to the Water and Wastewater Master Servicing Plan (“MSP”),
Transportation Master Plan (“TMP”) and Development Charges Study (“DCS”). These
key master plans and studies identify growth related projects to be undertaken and
identify related capital costs to ensure financial responsibility and accountability are
appropriately placed and maintained.
Analysis
Proposed Consolidated Draft Niagara Official Plan
A draft consolidated NOP has been prepared and made available for formal public and
agency circulation, which can be viewed by accessing:
New Niagara Official Plan Website (https://www.niagararegion.ca/official-plan/)
The draft NOP policies are built on the following Pillar Statements:
EXCEPTIONAL development and communities - Well planned, high quality
development in appropriate locations that improves our communities, while protecting
what is valuable.
DIVERSE housing types, jobs and population - A wide mix of housing types and
employment opportunities that attract diverse populations to Niagara across all ages,
incomes and backgrounds.
THRIVING agriculture and tourism - A prosperous agricultural industry and world-class
tourism opportunities that grow our economy and elevate the Niagara experience.
RESILIENT urban and natural areas - Areas rich in biodiversity that mitigate and adapt
to climate change while strengthening Niagara’s ability to recover from extreme
weather events.
Taking the Pillar Statements, consultation, and background work to date in to account,
the NOP aims to:
• address provincial policy conformity, matters of Regional interest and provide policy
support to the local municipalities;
• guide planning at a Regional level while assisting local municipalities with managing
growth pressures including policies that support the protection of established
neighbourhoods and varying intensification rates across municipalities;
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January 12, 2022
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_______________________________________________________________
• prioritize climate change throughout the Plan to achieve sustainable and resilient
communities;
• improve mapping and policies to protect the natural features and water resources of
the natural environment system;
• support a diverse range of housing types and sufficient housing supply to address
affordability and market demand; and
• identify areas to protect for long term investment in employment uses.
The draft NOP incorporates revisions to draft policy sets previously released for
comment. These draft policy sets included an Introduction, Growth Allocations and
Land Needs, Regional Structure, Employment Areas, Housing, Transportation,
Infrastructure, District and Secondary Plans, Urban Design, Agriculture, Aggregates,
Source Water Protection, Excess Soils, Petroleum Resources and Performance
Indicators and Monitoring. Policies and mapping for the NES were provided in
December and have been incorporated into the draft NOP.
In addition to the above, the draft NOP also includes draft policies related to:
• climate change;
• watershed planning;
• Niagara Escarpment Plan;
• cultural heritage and archaeological resource;
• open space and trails;
• economic prosperity;
• site specific policy areas developed in consultation with local planning staff; and
• implementation which includes policies on consultation and First Nations
engagement.
The settlement area boundaries shown on various schedules of the NOP incorporate
the proposed changes outlined in Reports PDS 41-2021 and PDS 42-2021. The
expansion areas subject to the SABR review are flagged on all Schedules as “draft for
consultation”.
While the proposed draft consolidated NOP can be found at the above link, Appendix 1
provides the Table of Contents for the draft policy Chapters, Sections, Schedules,
Glossary of Terms and Appendices.
Page 255 of 361
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January 12, 2022
Page 4
_______________________________________________________________
Background
The NOP is a strategic long range planning document that sets the vision for the
Region and guides how we will grow and develop over the next 30 years. The
proposed plan preserves what’s important, while permitting growth for a future
generation of businesses and residents.
The requirements for an Official Plan are set out in the Planning Act. Additionally, the
NOP must be consistent with the Provincial Policy Statement (2020), conform with the
Growth Plan, the Greenbelt Plan and not conflict with the Niagara Escarpment Plan.
Decisions of Council and advice from staff must also meet these requirements. After
Regional Council passes the NOP, it is sent to the Province for approval. There are no
appeals to the Province’s decision on the Official Plan.
Once the NOP is approved, local municipalities must undergo a local exercise to
conform to the NOP by updating their local Official Plans. This process is to be guided
by Provincial and Regional policy and is intended address local planning matters and
circumstances. Local planning departments are already starting to plan for this
undertaking.
The NOP will be monitored for what is and isn’t working. The Region seeks to be
flexible and adapt to changes when necessary. Policies will be reviewed at regular
intervals to ensure Regional and local interests are aligned and that growth planning is
monitored to determine if changes should be advanced.
Development of the NOP
The NOP work has been informed by several background studies/work including: land
needs and growth allocations, housing strategy, regional structure, employment lands
strategy, natural environment and watershed planning, climate change discussion
paper.
The background work for the Official Plan was informed by significant amounts of
consultation, including comments from the general public; stakeholder groups; local
Councils; First Nations, Indigenous groups; local municipal planners; local planning
workshops, and meetings with the Planning Advisory Committee.
Up to April 2021, the Planning and Economic Development Committee had been
informed by 35 Administrative Reports on the Niagara Official Plan. These reports and
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January 12, 2022
Page 5
_______________________________________________________________
presentations provided updates on the work program, individual sections of the Plan,
and consultation.
The Joint Consolidated May Report (PDS 17-2021) provided draft policies on
numerous sections of the Official Plan highlighting the interconnectivity of policy. The
draft policies were made available for review and comment. PDS 17-2021 included
draft policies on growth allocations, regional structure, housing, transportation,
infrastructure, district and secondary plans, urban design, agriculture and aggregates.
The Report also provided updates on the development of the other policy sections of
NOP.
Report PDS 32-2021, in August, provided an update on the NOP and draft policy on
source water protection; excess soils; petroleum and mineral resources; and
performance indicators and monitoring. In addition, Report PDS 33-2021, provided an
update on revised land needs and Settlement Area Boundary Review to continue to
move the growth management work forward.
In September, Report PDS 36-2021, outlined responses to consultation received on
draft Niagara Official Plan (NOP) policies included in the Joint Consolidated Draft
Report PDS 17-2021 and introduced a draft NOP Introduction Chapter for comment.
Report PDS 39-2021, in November, provided recommendations relative to Employment
Area conversations. The recommendation to not support conversion requests was
approved.
On December 1st the Committee of the Whole considered Report PDS 08-2021. The
Report provided mapping and policy associated with options 3B and 3C for a Natural
Environment System. The Committee selected Option 3C. The mapping and policies
for Option 3C have been incorporated in to the proposed draft consolidated NOP for
formal comment. Early in January, NES mapping will be available online for public
comment and urban property owners notified.
On December 8th, the Planning and Economic Development Committee (PEDC)
considered Reports PDS 41-2021 Settlement Area Boundary Review-Urban
Recommendations and PDS 42-2021 Settlement Area Boundary Review-Rural
Recommendations. Together these reports provide Regional Planning staff’s proposed
changes to settlement boundaries in urban areas and hamlets. The changes consist of
expansions, boundary rationalizations and technical adjustments.
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The proposed changes to the Settlement Area Boundaries were assessed using
planning criteria that was presented in a report to PEDC/Regional Council in May 2021.
The proposed boundary changes have been discussed with local planning
departments. All property owners who submitted requests for expansions have been
contacted, advised of the status of their expansion request and offered an opportunity
to meet. Comments on the proposed expansion areas will be received up to February
7th, 2022. The expansion areas subject to the SABR review are flagged on all
Schedules as “draft for consultation”.
The Path Forward To Adoption
There will be significant opportunities for input on the proposed consolidated draft
Official Plan. Changes can be made. Notice will be provided to the public,
stakeholders, those who have registered for notification, prescribed agencies, and
indigenous groups.
The following schedule below identifies opportunities to provide input on the NOP:
1. 2022 Schedule
January
• a consolidated draft Niagara Official Plan has been made available for public and
agency circulation in January
• a zoom open house will be held on settlement area boundary expansions –January
26, 2022
February
• an open house on the Natural Environment System will be held –February 10, 2022
• a zoom webinar will be held for owners of property in the urban area with newly
mapped environmental features (non-provincially identified) to ask questions –
February 17, 2022
• a zoom Open House will be held on the Niagara Official Plan – February 24, 2022
Niagara Official Plan Final Steps
• a formal statutory public meeting for the Niagara Official Plan will be held in early
Spring.
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• a report will be presented to PEDC/Council for adoption subject to the time required
addressing final comments raised through consultation.
• the deadline for submitting the Regional Official Plan to the Province is July 1, 2022
In addition to the above, as indicated in Report PDS 36-2021, staff will contact property
owners directly relative to the following:
• where lands will be changed by the Region from Rural to Agricultural unless the
properties are already designated or zoned Rural; and,
• A Regionally identified feature in the Natural Environment System in the urban
area.
In addition to the above, meetings have been established with Area Planners in
January and February to assist with the review of the Chapters of the NOP. Meeting
with agencies such as the Niagara Peninsula Conservation Authority and stakeholder
groups will also take place.
Alternatives Reviewed
This report is for information purposes and there will be significant opportunities for
further consultation.
There has been significant consultation at all stages of the development of the NOP.
There can be more than one good planning approach to achieve the policies and
objectives set out in the NOP. Consultation to date has identified a variety of competing
interests. The NOP works to strike a balance between these interests to ensure the
social and economic health of our communities.
There will be further consultation on the proposed draft Official Plan and opportunity for
revisions that are considered good planning and inconformity with provincial policy,
during the process.
Relationship to Council Strategic Priorities
The Niagara Official Plan supports the following Council Strategic Priorities:
• Supporting Business and Economic Growth: Through long range planning for
the supply and retention of a broad range of community and employment lands that
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offer community related employment and industrial employment opportunities to
attract and support economic wellbeing;
• Healthy and Vibrant Community: Through planning for safe, healthy
neighbourhoods that are attractive, inclusive and connected, based on complete
community principles and design;
• Responsible Growth and Infrastructure Planning: Through coordinated, efficient
use of existing infrastructure and optimizing planned infrastructure that will service
the communities of Niagara and facilitate movement of people and goods; and
• Sustainable and Engaging Government: Through planned growth that is fiscally
sustainable and fosters strong, successful relationships between all levels of
government in the supply of services and infrastructure.
Other Pertinent Reports
PDS 40-2016 Regional Official Plan Update
PDS 41-2017 New Official Plan Structure and Framework
PDS 3-2018 New Official Plan Update
PDS 6-2018 Natural Environment Project Initiation Report
PDS 18-2018 Natural Environment – Project Framework
PDS 9-2019 New Official Plan Consultation Timeline Framework
PDS 10-2019 Update on Natural Environment Work Program – New
Regional Official Plan
CWCD 122-2019 Agricultural and Environmental Groups – Draft Stakeholder
Lists
CWCD 150-2019 Update on Official Plan Consultations – Spring 2019
CWCD 179-2019 Notice of Public Information Centres – Natural Environment
Work Program, New Regional Official Plan
CWCD 271-2019 Update on Consultation for New Official Plan
PDS 32-2019 Natural Environment Work Program – Phases 2 & 3:
Mapping and Watershed Planning Discussion Papers and
Comprehensive Background Study
PDS 1-2020 New Niagara Official Plan – Public Consultation Summary
PDS 3-2020 Ecological Land Classification Mapping Update
PDS 9-2020 Niagara Official Plan – Consultation Details and Revised
Framework
CWCD 153-2020 Natural Environment Work Program Update – New Niagara
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Official Plan
PDS 26-2020 Natural Environment Work Program – Phase 4: Identification and
Evaluation of Options
CWCD 314-2020 Update Natural Environment Work Program
PDS 35-2020 Niagara Official Plan Consultation Update
PDS 4-2021 Niagara Official Plan – Steps and Direction Moving Forward
PDS 1-2021 Natural Environment Work Program – 2nd Point of Engagement
CWCD 2021-70 Mapping and Data for Natural Environment Options
PDS 17-2021 Niagara Official Plan Consolidated Policy Report
PDS 30-2021 Niagara Watershed Plan – Draft for Consultation
PDS 32-2021 Update on Niagara Official Plan - Further Draft Policy
Development
PDS 36-2021 Consultation Response and Further Policy Development
PDS 39-2021 Niagara Official Plan: Employment Area Conversion
Recommendations
PDS 8-2021 Niagara Official Plan: Natural Environment System
PDS 41-2021 Settlement Area Boundary Review - Urban Recommendations
PDS 42-2021 Settlement Area Boundary Review - Rural Recommendations
________________________________
Prepared by:
Dave Heyworth
Official Plan Policy Consultant
Planning and Development
_______________________________
Recommended by:
Michelle Sergi, MCIP, RPP
Commissioner
Planning and Development Services
________________________________
Submitted by:
Ron Tripp, P.Eng.
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.
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Appendices
Appendix 1 Table of Comments - Proposed Draft Consolidated NOP
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PDS 2-2022 – Appendix 1
Draft Niagara Official Plan – Table of Contents
Chapter 1 – Making Our Mark ....................................................................................... 1
1.1 Overview- Niagara Past, Present and Future ...................................................... 1-3
1.2 Planning Context ................................................................................................. 1-4
1.3 How to Read the Plan ......................................................................................... 1-5
1.4 Organization of the Niagara Official Plan ............................................................ 1-7
Chapter 2 – Growing Region ........................................................................................ 2
2.1 Forecasted Growth .............................................................................................. 2-2
2.2 Complete Communities ....................................................................................... 2-5
2.3 Housing ............................................................................................................. 2-18
Chapter 3 – Sustainable Region................................................................................... 3
3.1 The Natural Environment System ....................................................................... 3-2
3.2 Watershed Planning ............................................................................................ 3-3
3.3 Source Water Protection ..................................................................................... 3-4
3.4 Stewardship ...................................................................................................... 3-10
3.5 Climate Change ................................................................................................ 3-11
3.6 Niagara Escarpment Plan Area ......................................................................... 3-18
3.7 Excess Soil Management .................................................................................. 3-21
Chapter 4 – Competitive Region .................................................................................. 4
4.1 The Agricultural System ...................................................................................... 4-2
4.2 Employment Uses ............................................................................................. 4-19
4.3 Mineral Aggregate Resources ........................................................................... 4-34
4.4 Petroleum and Mineral Resources .................................................................... 4-52
4.5 Economic Prosperity ......................................................................................... 4-54
Chapter 5 – Connected Region .................................................................................... 5
5.1 Transportation .................................................................................................... 5-2
5.2 Infrastructure ..................................................................................................... 5-30
5.3 Public Spaces, Recreation, Parks, Trails and Open Space .............................. 5-50
Chapter 6 – Vibrant Region .......................................................................................... 6
6.1 District Plans and Secondary Plans .................................................................... 6-2
6.2 Urban Design .................................................................................................... 6-12
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6.3 Archaeology ...................................................................................................... 6-19
6.4 Cultural Heritage ............................................................................................... 6-26
Chapter 7 – Implementation ......................................................................................... 7
7.1 Roles and Responsibilities .................................................................................. 7-4
7.2 How to Read and Interpret the Plan .................................................................... 7-5
7.3 The Niagara Official Plan .................................................................................... 7-8
7.4 Local Official Plan Conformity ........................................................................... 7-10
7.5 Implementation Tools ........................................................................................ 7-12
7.6 Performance Indicators and Monitoring ............................................................ 7-15
7.7 Phasing ............................................................................................................. 7-18
7.8 Healthy Communities ........................................................................................ 7-20
7.9 Regional Official Plan Amendment Application Process ................................... 7-21
7.10 Financial Sustainability Tools .......................................................................... 7-30
7.11 Consultation and Engagement ........................................................................ 7-31
7.12 Indigenous Engagement ................................................................................. 7-34
7.13 General Implementation Policies..................................................................... 7-36
Chapter 8 – Site Specific Policies ................................................................................ 8
8.1 Site Specific Policies Applicable Region Wide .................................................... 8-2
8.2 Site Specific Policies for Urban Expansion Areas ............................................... 8-3
8.3 Site Specific Policies by Municipality ................................................................... 8-5
Chapter 9 – Glossary of Terms .................................................................................... 9
Chapter 10 – Schedules .............................................................................................. 10
Schedule A – Local Municipalities ........................................................................... 10-1
Schedule B – Regional Structure ............................................................................ 10-2
Schedule C1 – Natural Environment System Overlay & Provincial Natural Heritage
Systems .................................................................................................................. 10-3
Schedule C2 – Natural Environment System Overlay – Individual Components and
Features .................................................................................................................. 10-4
Schedule C3 – Hydrologic Areas Overlay .............................................................. 10-5
Schedule D1 – Tertiary Watersheds ....................................................................... 10-6
Schedule D2 – Quaternary Watersheds.................................................................. 10-7
Schedule E – Source Water Protection Areas ........................................................ 10-8
Schedule F – Agricultural Land Base ...................................................................... 10-9
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Schedule G – Employment Areas ......................................................................... 10-10
Schedule H1 – Known Deposits of Mineral Aggregate Resources – Sand and Gravel
.............................................................................................................................. 10-11
Schedule H2 – Known Deposits of Mineral Aggregate Resources – Bedrock ...... 10-12
Schedule H3 – Mineral Aggregate Operations in the Region ................................ 10-13
Schedule I – Petroleum Pools ............................................................................... 10-14
Schedule J1 – Transportation Infrastructure ......................................................... 10-15
Schedule J2 – Planned Corridors ......................................................................... 10-16
Schedule J3 – Strategic Cycling Network ............................................................. 10-17
Schedule K – Areas of Archaeological Potential ................................................... 10-18
Chapter 11 – Appendices ........................................................................................... 11
Appendix 1 – Agricultural Hydrology Infrastructure and Major Source Areas.......... 11-1
Appendix 2 – Urban Expansion Areas and Future Employment Areas ................... 11-2
Appendix 3 – Employment Land Conversion Criteria Guideline .............................. 11-3
Page 265 of 361
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
January 24, 2022
CL 2-2022, January 20, 2022
PHSSC 1-2022, January 11, 2022
COM 1-2022, January 11, 2022
DISTRIBUTION LIST
SENT ELECTRONICALLY
Community Homelessness Prevention Initiative Investment Plan 2022-23
COM 1-2022
Regional Council, at its meeting held on January 20, 2022, passed the following
recommendation of its Public Health and Social Services Committee:
That Report COM 1-2022, dated January 11, 2022, respecting Community
Homelessness Prevention Initiative Investment Plan, BE RECEIVED and the following
recommendations BE APPROVED:
1. That the Ministry mandated Community Homelessness Prevention Initiative (CHPI)
investment plan for the 2022-23 funding allotment BE APPROVED;
2. That the Regional Chair BE DIRECTED to send a letter to the Minister of Housing to
urge the province to immediately address the funding inadequacies of the
Community Homelessness Prevention Initiative;
3. That this motion BE CIRCULATED to the local area municipalities and local area
MPPs; and
4. That this matter BE RAISED at the annual Association of Municipalities of Ontario
(AMO) conference for further consideration.
A copy of COM 1-2022 and the Regional Chair’s letter are enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:kl
CLK-C 2022-003
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Community Homelessness Prevention Initiative Investment Plan 2022-23
January 24, 2022
Page 2
Distribution List
Local Area Municipalities
Jeff Burch, Member of Provincial Parliament, Niagara Centre
Wayne Gates, Member of Provincial Parliament, Niagara Falls
Jennie Stevens, Member of Provincial Parliament, St. Catharines
Sam Oosterhoff, Member of Provincial Parliament, Niagara West
cc:
A. Jugley, Commissioner, Community Services
S. Dean, Executive Assistant to the Commissioner of Community Services
Page 267 of 361
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January 11, 2022
Page 1
Subject: Community Homelessness Prevention Initiative Investment Plan
2022-23
Report to: Public Health and Social Services Committee
Report date: Tuesday, January 11, 2022
Recommendations
1. That the Ministry mandated Community Homelessness Prevention Initiative (CHPI)
investment plan for the 2022-23 funding allotment BE APPROVED.
Key Facts
• The purpose of this report is to obtain approval for the fiscal 2022-23 CHPI
investment plan before February 15, 2022 as required by the Ministry of Municipal
Affairs and Housing (MMAH).
• On August 23, 2021, the MMAH provided notification of the notional funding
allocations for CHPI. Niagara will receive $7,847,786 for the one-year term April 1,
2022 through March 31, 2023 (mirroring the funding for the 2019/20 fiscal year).
• Consistent with previous years, MMAH requires service managers to submit the
CHPI investment plan for 2022-23 by February 15, 2022 outlining the planned
spending in the directed categories of: emergency shelter solutions, housing with
related supports, homelessness prevention, other housing services and supports
and program administration.
• The proposed investment plan included in the report has been developed based on
the CHPI program guidelines (January 2017), in alignment with Niagara’s Ten Year
Housing and Homelessness Action Plan and with consideration to existing funding
allocations to support a stable homelessness system in Niagara.
• As a result of COVID, Niagara received significant additional Social Services Relief
Fund (SSRF) funding from the Province during the years 2020 and 2021 to support
expenditures in the homelessness system to ensure a safe environment for
Niagara’s most vulnerable residents, and support agencies committed to working
with them, however that funding terminates on March 31, 2022.
Financial Considerations
The total 100% provincial CHPI funding provided for 2022-23 is anticipated to be
$7,847,786. This amount has been consistent for the past 3 years. It should also be
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noted that Niagara Region is allocating $1,908,968 of levy funding to the same priority
funding categories beyond the proposed provincial amounts (assuming a consistent
levy allocation in Q1 2023) pending 2022 budget approval. Niagara Region is also
providing $2,190,997 in additional levy to operate the Bridge Housing and Permanent
Supportive Housing facilities built using Social Services Relief Phase 2 capital funding.
As per a review by KPMG consultants it was noted that Niagara Region has one of the
highest regional levy contributions towards homelessness.
Niagara Region also receives $1,190,084 of federal funding from Reaching Home
(largely to fund Housing First programs, and to support Coordinated Access and Built
for Zero participation) and $750,490 in provincial funding for Home for Good (intensive
supportive housing). These other funding sources are not included in the CHPI
investment plan prepared for the MMAH.
Current homelessness service contracts were executed through a Negotiated Request
for Proposal procurement process for each of the CHPI categories and have been
approved for a four-year contract period from April 1, 2020 to March 31, 2024. The
contract awards align with the CHPI investment plan for 2022-23. Niagara Region funds
and works collaboratively with 18 agencies in the region to deliver homelessness
services and supports to the residents of Niagara.
Analysis
The proposed CHPI investment plan is designed to align with the CHPI program
guidelines issued in January 2017 (revised May 2019). The Ministry requires that an
investment plan be submitted each year indicating how Niagara Region plans to use the
funding provided based on the categories identified by the province, and additionally,
recognizing the four provincial homelessness priorities of chronic homelessness, youth,
Indigenous persons and homelessness following transitions from provincially-funded
institutions and service systems.
The vision for CHPI is to have “A coordinated and holistic service delivery system that is
people-centered, evidence informed and outcomes-based, and reflects a Housing First
approach that focuses on homelessness prevention and reduces reliance on
emergency services.” 1 This vision reflects a shift towards a system that focuses on
1 Community Homelessness Prevention Initiative Program Guidelines, January 2017,
Ministry of Housing.
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proactive and permanent housing solutions rather than reactive responses to
homelessness.
The chart below shows the funding plan submitted for 2020-21, 2021-22 and the
proposed plan to be submitted for 2022-23 and the changes in funding allocations, over
the prior year.
2020-21 2021-22 2022-23 Change
Emergency Shelter
Solutions $2,753,623 $2,753,623 $3,374,172 $620,549
Housing with Related
Supports $852,179 $852,179 $852,179 $0
Other Services and
Supports $397,521 $397,521 $520,000 $122,479
Homelessness
Prevention $3,555,701 $3,555,701 $2,812,673 $(743,028)
Program
Administration $288,762 $288,762 $288,762 $0
Total $7,847,786 $7,847,786 $7,847,786 $0
The relative amounts set out in Niagara’s investment plan align with provincial
expectations, and ensure funding levels in each category support stability in the Niagara
homelessness system while allowing for the capacity to move the system forward in
achieving provincially identified priorities. While stability is a key goal in supporting the
homeless sector in Niagara, the loss of the pandemic funding, at a time when
homelessness and the acuity of clients is increasing, has raised significant concerns
regarding the ability of the system to support clients’ complex needs without additional
funding and resources. The types of services that will be funded under the CHPI
categories, as well as some specific work, related to system improvements, are outlined
as follows:
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Emergency Shelter Solutions
• Shelter providers will operate using a housing focused philosophy based on the
successful pilot project offered during the pandemic. Since June of 2020, the 30-
bed housing focused shelter pilot (opened June 2020) had 66 admissions with 71%
exiting to permanent housing.
• Niagara will utilize shelter diversion practices, building on the learnings of the
successful youth shelter diversion pilot offered in 2019 and adult shelter diversion
pilot offered in 2020.
• Funding will support a low barrier, trauma informed shelter, offered in a variety of
settings; necessary basic needs, and meals, along with housing support services
including transportation to shelter.
• The increase in allocation towards Emergency Shelter Solutions is to better align
with actual contracted costs to provide shelter services in Niagara. The demand in
Niagara remains high due to housing costs being up 50% over the last 2 years which
is impacting length of stay.
• There will be continued effort to align with provincial policy expectations,
emphasizing prevention over emergency responses.
Housing with Related Supports
• Consistent with best practices, funding will support Housing First units and, where
appropriate, transitional housing programming in Niagara. These critical programs
aim to increase housing stability, and reduce reliance on emergency shelters.
• Funded services will also include case management to assist clients with access to
medical care, and supports related to mental health, substance use, and crisis
intervention. Coordinated access to these resources is another key component in
Niagara’s work associated with Built for Zero, offering the right support, for the right
person, at the right time.
Other Services and Supports
• This category captures Niagara’s outreach services, including assertive street
outreach support workers who provide help to find stable housing, and connections
to other services including mental health programs, healthcare, addictions services,
and legal aid.
• Assertive street outreach is another key component in Niagara’s Built for Zero efforts
and system improvement work. Niagara successfully launched a hot spot mapping
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tool for encampments in 2020, to further support and enhance collaboration with
municipal partners, community and police.
• Outreach services proved very instrumental in supporting homeless clients during
the pandemic as many clients chose to live rough during this time, some feeling this
was a safer option than the shelter system. Niagara remains concerned that the loss
of the enhanced level of funding and associated service will negatively impact those
living rough, increase encampment behaviour and have a negative impact on
Niagara’s downtown communities.
Homelessness Prevention
• Homelessness prevention funding supports programs which address eviction
prevention, assistance to secure and retain housing, and assistance with budgeting
and banking through trusteeship.
• This category includes the Housing Stability Plan (HSP), which, as in prior years, is
an important component of the homelessness prevention program. HSP provides
financial assistance for rent arrears, and rent deposits (again, quite helpful for those
leaving shelter). This program has been adjusted to reflect practices in other
communities in order to reallocate funding to support the operations of the Bridge
Housing project. While this does align with the policies of other communities, it is
happening at a time when the rental market, arrears and economic climate would
suggest that this funding will be in high demand.
• This category also includes funding towards the Niagara Emergency Energy Fund
(NEEF) to address utility arrears in order to support clients to retain housing. This
funding was also reduced to allow for adequate funding for the Bridge Housing
program. While the new policies will have alignment with peers, the timing in the
current local economic climate of Niagara may be challenging.
Program Administration
• Funding supports capacity building, supports for system transformation including
training for staff and leaders to all third party agencies delivering programs.
• While permitted under the Administration category, Niagara Region does not
allocate the full 10% available under the CHPI guidelines for administration, focusing
as much funding as possible to direct client service delivery.
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Risk Management Planning for CHPI
Under the CHPI program guidelines (January 2017), there is a requirement to identify
potential risks and mitigation strategies. The risks that will be identified in this
investment plan include:
Risk
• Effectively meeting the provincially mandated capacity assessment requirements
and deliverables for service managers and all third party providers such as adoption
of best practices, training and key performance measurements
Mitigation
• Continue to monitor the sector for best practice developments and evolving policy
changes.
• Continue to allocate administration monies to this initiative and work with all
agencies to identify system wide training needs, ensuring system capacity along with
standard processes.
• Launch of a data strategy for Homelessness Services to support best practice and
accountability.
• Development of prevention framework to inform system transformation activities
• Pilot best practices and transfer learning to the system for emergency shelter
through the housing focused shelter site.
• As a leader, Niagara has a Quality By-Name List pulling directly from Niagara’s
HIFIS database; staff are looking at monthly data to track homelessness activity e.g.
inflows and outflows to homelessness.
Risk
• There is an affordability risk in Niagara, as $1,908,968 in additional levy funding is
being used to support the program. An additional $2,190,997 in municipal funding is
being allocated to support the Bridge Housing and Permanent Supportive housing
operating costs also not funded by the province. The annual base provincial funding
available (based on 2019/20 funding levels, not even reflecting inflationary
increases) remains inadequate to support local needs and address existing demand
for services. Ongoing reliance on local not-for-profit sector contributions and levy
sources is not sustainable. In addition, the impact of the loss of the pandemic
funding to the system at a time when social assistance caseloads are increasing and
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anticipated to peak at levels in excess of those pre pandemic, combined with a local
housing crisis (the St. Catharines rental market is now the 9th most expensive in the
country), and a significant portion of the economy dependent on tourism, the Region
has significant concerns about the ability to adequately support the homeless
population and agencies serving these vulnerable persons.
Mitigation
• Local funding allocations and contract award processes seek to ensure selected
agencies utilize outcome-based models and best practices. Niagara has embarked
on a data strategy, which will further support effective monitoring of contracts and
outcomes. Dialogue will continue with MMAH related to local needs and relative
funding levels.
• Further development of contract management and quality assurance program;
agencies are providing in-kind/fundraising dollars to fulfill service requirements.
• Reallocation of expenditures to the Bridge Housing project is expected to support
Niagara’s effort to reduce (and ultimately end) chronic homelessness. It is well
known that chronic homelessness significantly contributes to emergency shelter
capacity pressures and costs, and thus, Bridge Housing is also hoped to be a more
cost-effective solution.
Risk
• Niagara currently operates within an environment in which rental costs have
accelerated, for example, average rents increased by 5.7% from 2019 to 2020,
housing prices are up over 50% over the last 2 years.
• Niagara has been impacted by the opioid situation, with EMS calls for overdoses
significantly elevated over 2020, (2020-625; 2021 Q1-Q3-723)
Mitigation
• Niagara’s Affordable Housing Strategy is offering interconnected strategies resulting
from partnership between several Regional departments including Community
Services, Planning and Development, and Finance, as well as Niagara Regional
Housing.
• Adjusting policies for HSP and NEEF to address pressures for families during
pandemic.
• Partnership with REACH Niagara for medical care and through COVID-19 dollars,
Niagara supported EMS Community Outreach pilot program.
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Niagara developed a robust COVID strategy including operationalizing a self-isolation
shelter, vaccine clinics for individuals experiencing homelessness, on-site testing, and
PPE distribution.
Alternatives Reviewed
Not applicable, as a CHPI plan must be developed and submitted in order to receive
this funding to support Niagara’s homelessness serving system.
Relationship to Council Strategic Priorities
This recommendation is aligned to Council’s strategic priority of ensuring a “Healthy and
Vibrant Community.” By approving this report, Niagara Region is able to receive this
provincial funding and support clients through the stages of the housing continuum.
Other Pertinent Reports
• COM 08-2015 Community Homelessness Prevention Initiative Funding Allocations
2015-16 and 2016-17
• COM 02-2017 Community Homelessness Prevention Initiative Investment Plan
2017-18
• COM 02-2018 Community Homelessness Prevention Initiative Investment Plan
2018-19
• COM 01–2019 Community Homelessness Prevention Initiative Investment Plan
2019-20.
• COM 01–2020 Community Homelessness Prevention Initiative Investment Plan
2020-21
________________________________
Prepared by:
Cathy Cousins, CPA, CA
Director, Homelessness Services &
Community Engagement
Community Services
_______________________________
Recommended by:
Adrienne Jugley, MSW, RSW, CHE
Commissioner
Community Services
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________________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was prepared in consultation with Stephanie Muhic, Program Financial
Specialist.
Page 276 of 361
January 24, 2022
Hon. Steve Clark, MPP Sent by e-mail
Minister of Municipal Affairs and Housing minister.mah@ontario.ca
College Park 17th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Dear Minister Clark,
Re: COMMUNITY HOMELESSNESS PREVENTION INITIATIVE
INVESTMENT PLAN 2022 - 2023
Niagara Region, in partnership with our 12 local area municipalities, has
welcomed all of our past opportunities to discuss homelessness funding directly
with your office, through Niagara Week events, stand-alone meetings and our
annual Association of Municipalities of Ontario delegations.
As you may recall, we have continued to voice our concerns regarding the level
of homelessness funding in Niagara, along with concerns regarding the funding
formula itself. As the funding model has a strong historical component, we
continue to feel that the current rate of funding does not adequately respond to
Niagara’s current homeless service demands and local needs.
The enhanced funding that was made available through the Social Services Relief
Funding (SSRF) due to the pandemic was greatly appreciated by Niagara’s
homeless system and its agencies. This funding provided us with additional abilities
to support Niagara’s most vulnerable citizens during these very difficult times,
keeping clients safe and supported. These funds also demonstrated the additional
success that the system can have in responding to homelessness, when the system
has the additional resources necessary to provide best practice supports, and the
supports are reflective of the demand.
Niagara’s housing market continues to pose a challenge for homeless persons in
Niagara, with a vacancy rate of only 2.6% and Canada Mortgage and Housing
Corporation reporting average rent to be $1,088. Vacancy rates for bachelor
units and more affordable units tend to be significantly lower than the average. A
Canadian Rent Report from August 2021 lists St. Catharines as the 9th most
expensive Canadian city to rent an apartment in, with the median price for an
available unit of $1,360.
To further exasperate the local challenges, social assistance caseloads continue
to rise as federal benefits come to an end. Niagara experienced a 91% increase
in demand for applications for social assistance in November 2021 over July
2021. Currently, it is anticipated that the local population on social assistance
will be higher post pandemic than pre-pandemic figures, creating a further
pressure on affordable housing, shelter capacity and homelessness
programming, including prevention programs.
Page 277 of 361
Honourable Steve Clark, Minister of Municipal Affairs and Housing January 24, 2022
Community Homelessness Prevention Initiative Investment Plan 2022 - 23 Page 2 of 3
2
For our part, a recently completed report from KPMG found that the amount of funding that Niagara
receives from senior levels of government related to homelessness is lower than comparable
municipalities across the province. The report goes on to state that Niagara has significant local levy
dollars invested into the homelessness portfolio in an attempt to “close the gap” between the local
need and the funding provided by senior levels of government. In fact, KPMG found that the Region
has the second highest level of local municipal support (as a percentage of total homelessness
expenditures) of comparator municipalities. In response to recommendations found in the same
report, the Niagara Region took swift action to better align the activities of our housing cooperation
(Niagara Region Housing) with the Region’s social service division in order to streamline operations
and find more efficiencies. In short, we feel that Niagara is making its fair share of contribution to
addressing this significant challenge.
It is through the lens of Niagara’s local challenges that the Region is once again raising the concern
regarding the adequacy of homelessness funding to our region. While staff and Council have
advocated over the past several years regarding the inequity of funding to support the local need
and demand for homeless services, we were pleased to see the recent Auditor Generals’ Value for
Money report on homeless funding supports the work that staff and Council have shared with
MMAH, indicating:
“2017, the Regional Municipality of Niagara expressed its concerns to the Ministry that the
funding model was filing to address local needs. According to the municipality, important factors
including a decrease in affordable housing vacancies, an increase in in children accessing the
emergency shelter system, and an increase in the level of Ontario Works and Ontario Disability
support Program cases – are not addressed in the funding model. Additionally, Ottawa noted the
need to consider the demand for shelter services and wait times for addiction and mental health
services in the allocation of funding to municipalities.”
Based on the above statement in the report, the Auditor General’s report includes recommendation 7:
“To fairly allocate funding to municipalities based on need, we recommend the Ministry of Municipal
Affairs and Housing:
• Revisit the options identified in past funding reviews and re-evaluate its funding model for the
Community Homelessness Prevention Initiative;
• Implement changes to the funding model; and use the latest census data from Statistics
Canada to recalculate the current funding allocation under the Community Homelessness
Prevention Initiative.”
Niagara appreciates the work of the Auditor General in looking at the adequacy and fairness of the
CHPI funding model, and staff and Council would be willing to present the information from 2017
to those responsible for this portfolio in the MMAH, and support any work that the ministry may
consider in a redesign of the CHPI funding formula.
Niagara would again like to thank the Ministry for the enhanced SSRF monies as this funding
supported the homeless sector during exceptionally challenging times, and will be sorely missed
once the program expires. We believe that the significant advancements made in Niagara as a
result of SSRF demonstrate what can be accomplished with a more reasonable infusion of funding
into the sensitive homelessness sector. We can assure the Minister that any extension of the
Page 278 of 361
Honourable Steve Clark, Minister of Municipal Affairs and Housing January 24, 2022
Community Homelessness Prevention Initiative Investment Plan 2022 - 23 Page 3 of 3
3
funding made available through SSRF would be put to immediate work helping the most vulnerable
in Niagara, ensuring more people would have access to safe and dependable housing.
In closing, it would be difficult to overstate the intense need for funding dedicated to tackling
Niagara’s homelessness challenge. We look forward to having continued dialog with your office
related to this matter, and stand ready to contribute to any initiative that may result in a more
equitable distribution of CHPI funding across the Province of Ontario.
Respectfully,
Jim Bradley, Regional Chair
Niagara Region
cc: S. Oosterhoff, MPP, Niagara West
W. Gates, MPP, Niagara Falls
J. Burch, MPP, Niagara Centre
J. Stevens, MPP, St. Catharines
Mayor David Bylsma
West Lincoln
Mayor Frank Campion
Welland
Mayor Jim Diodati
Niagara Falls
Lord Mayor Betty Disero
Niagara-on-the-Lake
Mayor Sandra Easton
Lincoln
Mayor Kevin Gibson
Wainfleet
Mayor Jeff Jordan
Grimsby
Mayor Marvin Junkin
Pelham
Mayor Wayne Redekop
Fort Erie
Mayor Walter Sendzik
St. Catharines
Mayor Bill Steele
Port Colborne
Mayor Terry Ugulini
Thorold
Page 279 of 361
…/2
January 26, 2022
Ann-Marie Norio
Regional Clerk
Niagara Region
1815 Sir Isaac Brock Way
P.O. Box 1042
Thorold, ON L2V 4T7
Sent via email: Ann-Marie.Norio@niagararegion.ca
Re: CHPI Funding Shortfalls
Our File 35.23.125
Dear Ms. Norio,
At its meeting held on January 17, 2022, St. Catharines City Council approved the following
motion:
WHEREAS temporary COVID-19 relief funding from the province has helped the
Region's Homelessness Services respond effectively to the most urgent
challenges caused by the pandemic on the homelessness system, but the annual
CHPI funding from the province is not adequate and has not significantly
increased over the last three years; and
WHEREAS the Niagara Region has had to allocate 1.9 million of its own levy
funding to meet the ever-increasing needs of the community, and as per a review
by KPMG consultants, it was noted that out of all Ontario municipalities, Niagara
Region has one of the highest contributions from property tax levies in the
province towards homelessness services, which demonstrates a growing
shortfall in provincial funding; and
WHEREAS the Auditor General in her December 2021 report on Homelessness
in Ontario raised concerns, finding that since 2013, the Ministry's funding
methodology for the CHPI program has been primarily based on historical
spending rather than local need; and
WHEREAS on January 11, 2022, the Niagara Region's Public Health and Social
Services Committee received a staff report seeking approval for the 2022-2023
Community Homelessness Initiative Plan (CHPI) for Niagara Region and a
Motion was approved at that Committee directing the Regional Chair to send a
letter to the Minister to immediately urge the province to address the funding
inadequacies;
Page 280 of 361
…/2
Page 2
THEREFORE BE IT RESOLVED that the Council of the City of St. Catharines,
representing the largest urban centre in the Region, direct the Mayor and City
staff to write a letter asking the Minister to address the CHPI funding shortfalls in
Niagara, and to coordinate with the Regional Chair's office to support any
requests for meetings with the Minister's office; and
BE IT FURTHER RESOLVED that this Motion be sent to the Niagara Region, all
twelve lower tier municipalities and to the four local Niagara MPPs.
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: Local area municipalities
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
Brian York, Director, Economic Development and Government Relations
Scott Rosts, Chief of Staff, Mayor’s Office
Melissa Wenzler, Government Relations Advisor
Page 281 of 361
Community Services
Legislative Services
January 25, 2022
File #120203
Sent via email: Justin.trudeau@parl.gc.ca
The Right Honourable Justin Trudeau,
Prime Minister of Canada
House of Commons
Ottawa, ON K1A 0A6
Honourable and Dear Sir:
Re: Molecular Testing to Enter Canada
Please be advised the Municipal Council of the Town of Fort Erie at its meeting of January 17,
2022 passed the following resolution:
Whereas the Canada-United States border along the Niagara Frontier forms an integrated binational
community bound by social, economic and cultural ties that has been detrimentally impacted by its
unprecedented closure during the COVID-19 pandemic that began nearly two years ago, and
Whereas the Omicron Variant is now the dominant COVID-19 variant in Canada, the United States and the
rest of the world, and
Whereas border measures continue to act as a barrier to the unification of families and economic recovery in
our binational community that will do nothing to stop a virus that is circulating inside Canada just as much as it
is outside our borders, and
Whereas Canada and the United States both require eligible individuals to be fully vaccinated to enter their
respective countries for discretionary travel, and
Whereas vaccination continues to be our best tool to protect individuals and our community from the impacts
of COVID-19, and
Whereas millions of Canadians and Americans took up the call and did what they were asked by becoming
vaccinated with the promise of returning to normal life including the reintegration of our binational community,
and
Whereas randomized molecular testing for screening purposes is still being performed by Canadian officials
upon arrival at the Canadian land border;
Now therefore be it resolved,
That: The Municipal Council of the Town of Fort Erie requests that the Canadian Federal Government
discontinue the requirement for pre-arrival testing at land ports of entry along the Canada-US border, and
further
…/2
Mailing Address: The Corporation of the Town of Fort Erie
1 Municipal Centre Drive, Fort Erie ON L2A 2S6
Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca
Page 282 of 361
The Right Honourable Justin Trudeau, Prime Minister of Canada Page two
That: The Municipal Council of the Town of Fort Erie requests that the Canadian Federal Government provide
a transparent plan including timelines and the public health metrics necessary for the normalization and
discontinuation of all pandemic-related measures at the Canada-US border including but not necessarily
limited to randomized arrival testing and the use of the ArriveCAN app, and further
That: The Municipal Council of the Town of Fort Erie requests that Canadian and American authorities
coordinate efforts to ensure that a formal transparent policy agreement exists related to the Canada-US land
border in an effort to prevent our binational community from being impacted in the future should such an
emergency occur again, and further
That: The Municipal Council of the Town of Fort Erie continues to extend their appreciation to all officials in
both Canada and the United States who remain involved in the efforts to reunify our binational community, and
further
That: This resolution be circulated to The Right Honourable Justin Trudeau, Prime Minister of Canada, The
Honourable Marco Mendicino, Minister of Public Safety, The Honourable Jean-Yves Duclos, Minister of Health
(Canada), Tony Baldinelli, Member of Parliament for Niagara Falls, all Members of Parliament representing
constituencies located along the Canada-US border, and all Canadian municipalities located along the
Canada-US border.
Thank you for your attention to this matter.
Yours very truly,
Carol Schofield, Dipl.M.A.
Manager, Legislative Services/Clerk
cschofield@forterie.ca
CS:dlk
c.c. The Honourable Marco Mendicino, Minister of Public Safety Marco.Mendicino@parl.gc.ca
The Honourable Jean-Yves Duclos, Minister of Health (Canada) jean-yves.duclos@parl.gc.ca
Tony Baldinelli, MP, Niagara Falls Tony.Baldinelli@parl.gc.ca
Members of Parliament representing constituencies of border crossing municipalities along the Canada -US border:
Terry.Sheehan@parl.gc.ca, Marcus.Powlowski@parl.gc.ca, Marilyn.gladu@parl.gc.ca, eric.duncan.p9@parl.gc.ca,
michael.barrett@parl.gc.ca, Chris.Bittle@parl.gc.ca, Vance.Badawey@parl.gc.ca, Carla.Qualtrough@parl.gc.ca, kerry-
lynne.findlay@parl.gc.ca, Tako.VanPopta@parl.gc.ca, ed.fast@parl.gc.ca, Richard.Cannings@parl.gc.ca, Rob.Morrison@parl.gc.ca,
John.Barlow@parl.gc.ca, Glen.Motz@parl.gc.ca, Jeremy.Patzer@parl.gc.ca, Robert.Kitchen@parl.gc.ca, Larry.Maguire@parl.gc.ca,
candice.bergen@parl.gc.ca, Ted.Falk@parl.gc.ca, Richard.Bragdon@parl.gc.ca, John.Williamson@parl.gc.ca,
Claude.DeBellefeuille@parl.gc.ca, Brenda.Shanahan@parl.gc.ca, Christine.Normandin@parl.gc.ca, Lyne.Bessette@parl.gc.ca, Marie-
Claude.Bibeau@parl.gc.ca, Luc.Berthold@parl.gc.ca, Richard.Lehoux@parl.gc.ca, Bernard.Genereux@parl.gc.ca, Maxime.Blanchette-
Joncas@parl.gc.ca,
All Canadian municipalities located along the Canada-US border: mayor.provenzano@cityssm.on.ca, jcaul@fortfrances.ca,
rainyriver@tbaytel.net, bhand@villageofpointedward.com, mayor@sarnia.ca, bclement@cornwall.ca, btodd@prescott.ca,
tlojko@gananoque.ca, jdiodati@niagarafalls.ca, betty.disero@notl.com, janis.moore@sarnia.ca, clerk@gananoque.ca, l.bell@cityssm.on.ca,
sconidi@niagarafalls.ca, ccampbell@niagarafalls.ca, beth.audet@notl.com, khaney@fortfrances.ca, dgerrie@saultcity.com,
gmckay@districtofstewart.com, MayorHarvie@delta.ca, clerks@surrey.ca, jfroese@tol.ca, mayorbraun@abbotsford.ca, mayor@keremeos.ca,
smckortoff@osoyoos.ca, midwaybc@shaw.ca, btaylor@grandforks.ca,
mayor@rossland.ca, Mayor.Lockwood@salmo.ca, Ron.Toyota@creston.ca, admin@id4waterton.ca, m.kronen@cardston.ca,
randy.bullock@cardstoncounty.com, vilcoutt@telus.net, division4@fortymile.ab.ca, Dan.Hamilton@cypress.ab.ca, rm51@sasktel.net,
rmltno.18@sasktel.net, vovm@sasktel.net, rm17@sasktel.net, rockglen1@sasktel.net, rm12@sasktel.net, office@townofcoronach.ca,
rmnine@sasktel.net, rm07@sasktel.net, tabbyjj@hotmail.com, cityofambrose@outlook.com, villageoftorquay@sasktel.net,
r.ludwig@estevan.ca, villagen@sasktel.net, townofalameda@sasktel.net, village.carievale@sasktel.net, debm@twoborders.ca,
admin@delowin.ca, jswanson@boissevain.ca, info@killarney.ca, colleen.mullin@cartwrightroblin.ca, fina@louisemb.com,
admin@pembina.ca, mayor@mymorden.ca, mayor@cityofwinkler.ca, don.wiebe@rhinelandmb.ca, info@emersonfranklin.com,
rmpiney.reeve@gmail.com, village@hemmingford.ca, canton.township@hemmingford.ca, info@cantondundee.ca, info@hinchinbrooke.com,
admin@mun-havelock.ca, info@mun-sbdl.ca, maire@lacolle.com, reception@ville.noyan.qc.ca, info@clarenceville.qc.ca,
info@municipalite.saint-armand.qc.ca, municipalite@village.frelighsburg.qc.ca, info@abercorn.ca, m.lafrance@sutton.ca,
maire.potton@potton.ca, directeurgeneral@stanstead.ca, administration@coaticook.ca, municipalite@st-hermenegilde.qc.ca,
direction@easthereford.ca,chartierville@hsfqc.ca, adm.woburn@axion.ca, info@sainttheophile.qc.ca,
info@pohenegamook.net, communication@edmundston.ca, info@saint-leonard.ca, vgs-tgf@nb.aibn.com, info@perth-andover.com,
voc@rogers.com, townhall@townwoodstock.nb.ca, mayor@chocolatetown.ca
Page 283 of 361
7855 Sideroad 30
Alliston, ON L9R 1V1
P.: 705-434-5055
F.: 705-434-5051
www.adjtos.ca
January 25, 2022
The Honourable Doug Ford sent via email: premier@ontario.ca
Premier of Ontario
Legislative Building, Queen’s Park
Toronto, ON M7A 1A1
Re: Funding Support for Infrastructure Projects – Bridge/Culvert Replacements in
Rural Municipalities
Dear Premier:
At the last regular Council meeting held January 12th, 2022, the following resolution was
passed:
“RESOLVED that the Council of the Corporation of the Township of Adjala-
Tosorontio supports the requests from the Township of Adelaide-Metcalfe, the
Township of Lake of Bays, the Township of Amaranth and Northumberland County for
the Federal and Provincial Government to provide more funding to rural municipalities to
support infrastructure projects related to major bridge and culvert replacements.
AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, Provincial
Minister of Finance, Federal Finance Minister, AMO, and all Ontario municipalities.”
Sincerely,
Dianne Gould-Brown
Dianne Gould-Brown, CMO
Municipal Clerk
cc:
Hon. Peter Bethenfalvy, Ontario Minister of Finance minister.fin@ontario.ca
Hon. Chrystia Freeland, Federal Minister of Finance chrystia.freeland@fin.gc.ca
AMO amo@amo.on.ca
All Ontario Municipalities
Page 284 of 361
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
January 28, 2022
Association of Municipalities of Ontario (AMO)
Sent via email: policy@amo.on.ca
To whom it may concern:
Please be advised that the Council of the Corporation of the City of Brantford adopted the
following resolution at its City Council meeting held on January 25, 2022:
12.5.2 Addressing the Revolving Door of Justice – Accountability for Sureties and Swift
Justice – Resolution
WHEREAS the City of Brantford has experienced a substantial increase in criminal
activity leaving residents fearful for their personal safety and losing confidence in the
criminal justice system; and
WHEREAS the City of Brantford strives to create vibrant, safe, livable neighbourhoods
in its community; and
WHEREAS concerns continue to be raised by businesses, the post-secondary
institutions in the downtown area and their student bodies, neighbourhood
associations, citizens and others; and
WHEREAS bringing matters related to criminal charges more expeditiously through the
court system will create a greater deterrence to such behaviour, and therefore improve
the safety and security of citizens in this community; and
WHEREAS each year a significant sum of surety money is forfeited further to breaches
of the conditions of judicial interim release orders (“bail”); however, the necessary
steps are not taken to collect this forfeited money, thus leaving a substantial financial
resource unavailable;
NOW THEREFORE BE IT RESOLVED:
A. THAT Kevin Davis, Mayor of the City of Brantford, on behalf of the Council of
The Corporation of the City of Brantford, correspond with the Honourable
Prabmeet Sarkaria, President of the Treasury Board and the Honourable Doug
Downie, Attorney General of Ontario, insisting that steps be taken immediately
by the government to:
Page 285 of 361
2
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
i. provide additional judicial resources dedicated to Brantford to allow for
matters to move as expeditiously through the court system as possible;
and
ii. provide such additional space and/or technological resources for the local
court to ensure there is adequate space and technological resources to
most efficiently address the significant local caseload and consequently
decrease the time a matter takes to be fully resolved; and
iii. dedicate the required resources to collect the forfeited surety monies and
reinvest that money back into the provincial judicial system; and
B. THAT the City Clerk BE DIRECTED to forward a copy of this resolution to the
Association of Municipalities of Ontario (AMO), the Federation of Canadian
Municipalities (FCM), Ontario Big City Mayors (OBCM) and the list of other
Ontario Municipalities with a request that those municipalities pass similar
resolutions; and
C. THAT the City Solicitor BE DIRECTED to send the letter referenced in Clause A
to Brant County, the Six Nations of the Grand River and the Mississaugas of the
Credit First Nation to determine if they are willing to be signatories to the letter.
I trust this information is of assistance.
Yours truly,
Tanya Daniels
City Clerk
tdaniels@brantford.ca
cc All Ontario municipalities
Ontario Big City Mayors (OBCM)
Federation of Canadian Municipalities (FCM)
Page 286 of 361
Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and
municipal resources developing Official Plans that meet current Provincial Planning Policy; and
Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and
development will meet the specific needs of (our) community”; and
Whereas our Official Plan includes zoning provisions that encourage development of the “missing middle” or
“gentle density” to meet the need for attainable housing in our community; and
Whereas our Official Plan is ultimately approved by the province; and
Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning
By-law changes that better the community or fit within the vision of (Your Municipality) Official Plan; and
Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning
By-law changes that do not better the community or do not fit within the vision of the (Your Municipality) Official
Plan; and
Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario
Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of (Your
Municipality); and
Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning
outcome” and not whether the proposed development is in compliance with municipal Official Plans and Provincial
Planning Policy; and
Whereas all decisions—save planning decisions—made by Municipal Council are only subject to appeal by
judicial review and such appeals are limited to questions of law and or process; and
Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and
overrule local decisions applying provincially approved plans; and
Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending
Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile
OLT hearings; and
Whereas lengthy, costly OLT hearings act as a barrier to the development of attainable housing;
1. Now Therefore Be It Hereby Resolved That (Your Municipality) requests the Government of Ontario
to dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape
delaying the development of more attainable housing in Ontario; and
2. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of
Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of
the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of
Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and
3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of
Ontario (AMO) and all Ontario municipalities for their consideration.
Page 287 of 361
Page 288 of 361
Page 1 of 1
February 2, 2022
Ann-Marie Norio Sent via E-mail: Ann-Marie.Norio@niagararegion.ca
Office of the Regional Clerk,
Niagara Region
1815 Sir Isaac Brock Way, P.O. Box 1042
Thorold, ON L2V 4T7
Dear Ms. Norio:
Re: City of Port Colborne – Resolution Re: Consolidated Passenger Transportation
System for the Niagara Region
Please be advised that, at its meeting of December 13, 2021, the Council of The Corporation of
the City of Port Colborne resolved as follows:
That Chief Administrative Office Report 2021-317 be received; and
That Council consents to the passage of By-law No. 2021-96 of The Regional
Municipality of Niagara, being a by-law to provide Niagara Region with the
exclusive authority to establish, operate and maintain a consolidated passenger
transportation system for the Niagara Region.
A copy of Chief Administrative Office Report 2021-317 is enclosed for your reference.
Sincerely,
Amber LaPointe
City Clerk
ec: Niagara Local Municipalities
Municipal Offices: 66 Charlotte Street
Port Colborne, Ontario L3K 3C8 · www.portcolborne.ca
T 905.835.2900 ext 106 F 905.834.5746
E amber.lapointe@portcolborne.ca
Corporate Services Department
Clerk’s Division
Page 289 of 361
Subject: Niagara Transit Governance - Creation of a Consolidated
Transit Commission
To: Council
From: Chief Administrative Office
Report Number: 2021-317
Meeting Date: December 13, 2021
Recommendation:
That Chief Administrative Office Report 2021-317 be received; and
That Council consents to the passage of By-law No. 2021-96 of The Regional
Municipality of Niagara, being a by-law to provide Niagara Region with the exclusive
authority to establish, operate and maintain a consolidated passenger transportation
system for the Niagara Region.
Purpose:
The purpose of this report is to seek Council’s support in creating a single, consolidated
transit system, in the form of a new Transit Commission that would formally integrate
the Regional and local transit systems currently operating across Niagara.
This support is being sought as part of the triple-majority process required to transfer
responsibility for transit to the Region.
Background:
The vision for a single regional transit agency for Niagara is a long-standing one going
back as early as the late 1990s. Today in Niagara, transit is delivered by a mix of
different levels of government delivering different services, with different operating
hours, standards or frequency of service, and with significant barriers to movement
across municipal boundaries.
The process towards a consolidated system took a significant step forward in late 2020
with the completion of the Niagara Transit Governance Study (NTGS) which outlined a
Page 290 of 361
Report 2021-317
Page 2 of 6
recommended governance model for a new transit commission and was brought
forward with an associated financial strategy.
Through 2021, the Governance Steering Committee (GSC), led by all thirteen CAOs
across Niagara, has undertaken significant consultation on the proposed strategies for
consolidation (governance, financial, and service standards).
This consultation included two rounds of engagement with the City of Port Colborne.
Report 2021-206 (August 23, 2021) confirmed that the previous feedback that was
provided by City Council in early 2021 had been addressed, and that there was no
further feedback received in anticipation of the triple-majority vote.
On September 29, 2021, the Linking Niagara Transit Committee (LNTC) endorsed the
final governance model for the consolidation of transit and recommended the initiation
of the triple-majority process to create the new commission.
The first step in the triple-majority process took place on November 25, 2021, when
Regional Council supported moving forward, voting 24 to 1 in favour of the motion.
Port Colborne City Council, along with all Niagara Municipalities, is now being asked to
provide similar support of the creation of the new commission. To achieve full triple -
majority approval a majority of local councils, representing a majority of the electors in
Niagara, must now provide their support.
Discussion:
Benefits
Staff feel that introducing an integrated Regional transit system would bring dramatic
benefits to the residents of Port Colborne and Niagara as a whole, including:
Creating a single branded system that can take riders anywhere in the Region,
for a single fare, that will break down jurisdictional barriers and connect
communities;
Leveraging and supporting GO rail and bus expansion within the Niagara Region;
Developing and supporting the economy, job retention, and creating and driving
tourism;
Promoting socially equitable access to transit;
Being environmentally sustainable and reducing traffic congestion;
Supporting accessibility through the standardization of accessibility policies and a
greater pool of resources to implement improvements ; and
Providing better value and service to the taxpayers of Niagara.
Page 291 of 361
Report 2021-317
Page 3 of 6
It is only through the move to one consolidated agency that these outcomes can be
achieved.
While significant work has been done to improve, integrate, and coordinate the existing
systems in Niagara, consolidation will mean a larger and combined resource pool,
which will support efficiencies that cannot be otherwise achieved as separate entities
duplicating efforts, and which will then be reinvested into the network to enhance
service.
Final Governance, Service Standards, and Financial Strategies
Regional Report PW55-2021 (Appendix A) summarizes the final board composition,
service standards, and financial strategies that comprise the governance proposal for
the creation of the new Transit Commission.
The Service Standards Strategy outlines a three-phased approach to the
standardization and enhancement of transit service across Niagara to achieve
consistent, equitable access to transit for all Niagara residents and communities,
including expanded operating hours and the integration of on-demand and
specialized service.
The Financial Strategy proposes that all LAM transit service budgets be
uploaded to the Commission in the 2023 budget year, as well as the Region’s
existing transit budget to be consolidated by the commission and to be assessed
to the LAMs by way of special levies to be approved annually by the Region.
The Governance Strategy recommends the creation of a 15-member elected
Transitional Commission Board, to be comprised of either Regional or local
councillors and including a dedicated representative for Port Colborne, supported
by a 20-member Public Advisory Committee. The structure of the transitional
board will be re-evaluated as part of an external third-party review, with
implementation to coincide with the 2026 municipal election cycle.
These strategies are substantially similar to those presented to Port Colborne Council
over the summer of 2021, with only a minor update to the governance strategy
confirming the timing for the third-party review.
Next Steps
Should triple-majority be achieved, an approximate one-year transition period would
commence during which the commission would be established in advance of the
assumption of day-to-day operations on January 1, 2023.
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Key activities of this transition period would include formally creating the commission as
an agency of the Region, populating the transitional Commission Board an d Advisory
Committee, negotiating and executing asset transfer agreements with Niagara Falls, St.
Catharines, and Welland, and recruiting a General Manager and transitioning staff.
Port Colborne Council would be asked to forward recommendations to the commission
for its representatives on the Commission Board and Advisory Committee in the spring
of 2022.
Port Colborne Transit – NRT OnDemand Pilot
In parallel to potential consolidation of transit into a new Commission, Port Colborne is
currently in the process of transitioning its local transit service to the Niagara Region
Transit OnDemand pilot project, with an anticipated launch date of January 3, 2022.
The decision to support a consolidated transit system for Niagara is distinct from the
decision for Port Colborne to participate in the NRT OnDemand pilot.
Should triple-majority be achieved, the service standards and financial strategies
anticipate that the Commission would continue to deliver on-demand transit services in
communities such as Port Colborne, with a potential move to in-house service delivery
in the future. Should triple-majority not be achieved, the future of the NRT OnDemand
pilot will be a decision to be made by Regional Council in late 2022.
Internal Consultations:
City staff from the Chief Administrative Office and Corporate Services have been
actively working with Regional staff and City Communications staff on this initiative.
Financial Implications:
The financial strategy proposed would see existing municipal transit budgets uploaded
to the new Transit Commission in a single year (2023), following which the Regional
Council approved budget of the commission will be apportioned to each of the LAMs
using twelve Special Levies, one for each municipality.
All uploaded local transit service costs and future incremental costs will be allocated to
the Special Levy based on service hours. Existing Niagara Region Transit (NRT)
service costs continue to be allocated to the Special Levy based on municipal share o f
Regional assessment, as they are already today.
In other words, there will no longer be any costs associated with operating municipal
transit in the City’s annual budget and the cost of operating the Regional Transit system
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will appear on residents’ tax bills as a special levy in the same way that Waste
Management charges appear currently.
Public Engagement:
Significant consultation was undertaken during the development of the transit
governance proposal. In September 2021, a website was launched
(movingtransitforward.ca) that included a survey asking the public for feedback on the
proposed governance, service plan, and financial models. A total of 2,251 individuals
completed the survey, with 79% in favour of the financial strategy, 82% in favour of the
Board composition structure, and 85% in favour of the service standards strategy.
Two rounds of consultation were undertaken with each municipality in Niagara, first on
the result of the original Niagara Transit Governance Study (NTGS) and then on the
revised strategies developed by the Governance Steering Committee (GSC). Significant
change occurred from the initial proposal to the subsequent revised strategies reflecting
the feedback received by municipalities.
Lastly a series of workshops were conducted with interested parties from across
Niagara, representing organizations or demographics who either rely on transit or with a
mandate that is closely related to transit. Example attendees included members of
environmental and accessibility advisory committees, local business leaders and
Chambers of Commerce, institutional administrators, and other advocates.
Strategic Plan Alignment:
The initiative contained within this report supports the following pillar(s) of the strategic
plan:
Service and Simplicity - Quality and Innovative Delivery of Customer Services
Attracting Business Investment and Tourists to Port Colborne
Value: Financial Management to Achieve Financial Sustainability
Governance: Communications, Engagement, and Decision-Making
Conclusion:
A consolidated transit system is anticipated to bring significant mobility, economic, and
equity benefits to the residents of Port Colborne.
Adoption of the recommendations of this report will represent the City of Port Colborne’s
triple-majority vote in favour of creating this new transit system.
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Appendices:
a. Regional Report PW55-2021 – Moving Transit Forward in Niagara: Creation of a
Consolidated Transit Commission
Respectfully submitted,
Scott Luey
Chief Administrative Officer
905-835-2901 ext. 306
Scott.Luey@portcolborne.ca
Report Approval:
All reports reviewed and approved by the Department Director and also the City
Treasurer when relevant. Final review and approval by the Chief Administrative Officer.
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Subject: Moving Transit Forward in Niagara: Creation of a Consolidated Transit
Commission
Report to: Regional Council
Report date: Thursday, November 25, 2021
Recommendations
1.That Regional Council ENACT a By-law pursuant to section 189 of the Municipal
Act, 2001, and substantially in the form attached as Appendix 1 of Report PW 55-
2021, to provide The Regional Municipality of Niagara with the exclusive authority to
establish, operate and maintain an intra-municipal passenger transportation system
for the Region (having previously received inter-municipal authority), and such By-
law, if adopted, to come into force and effect on January 1, 2023, provided that:
1.1. a majority of the councils of the local area municipalities pass resolutions
consenting to the By-law; and,
1.2. the total number of electors in the local municipalities that have passed
resolutions in support of the By-law form a majority of all electors in the Region
of Niagara as established in the revised list of electors for the municipal election
held in the year 2018.
2.That, subject to the adoption of the aforementioned By-law, a copy of the By-law and
Report PW 55-2021 BE FORWARDED to the clerks of the 12 local area
municipalities with a request that their councils consider adopting the following
resolution and advise the Regional Clerk of the results of that consideration, no later
than January 31, 2022:
“That the Council of (name of municipality) consents to the passage of By-law No.
96-2021 of The Regional Municipality of Niagara, being a by-law to provide Niagara
Region with the exclusive authority to establish, operate and maintain a consolidated
passenger transportation system for the Niagara Region ”
3.That subject to the adoption of the aforementioned By-law, the Chief Administrative
Officer and General Manager of the future Transit Commission BE AUTHORIZED to
negotiate municipal asset transfer agreements with the City of Niagara Falls, City of
Report 2021-317
Appendix A
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St. Catharines, and City of Welland, on the basis of the principles in Appendix 3 and
in a form satisfactory to the Director, Legal and Court Services.
4. That subject to the adoption of the aforementioned By-law, the Chief Administrative
Officer BE DIRECTED to report back to Regional Council early in 2022 on the
creation of a Regional Transit Commission, as described in this report and the
attached appendices, and recommending the roles and responsibilities of the
Commission.
Key Facts
• The purpose of this report is to seek Regional Council authority to create a
single, consolidated transit system, that would formally integrate all existing
Regional and local transit systems, and that will bring dramatic benefits to the
residents of Niagara:
o Creating a single branded system that can take riders anywhere in the
Region, for a single fare, that will break down jurisdictional barriers and
connect communities;
o Leveraging and supporting GO rail and bus expansion;
o Developing and supporting the economy, job retention, and creating and
driving tourism;
o Being environmentally sustainable and reducing traffic congestion;
o Supporting accessibility; and
o Providing better value and service to the taxpayers of Niagara.
• Regional Council approval to move forward with consolidation represents the first
step in a required triple-majority process that will be followed by seeking similar
authorization from each of Niagara’s twelve municipalities, as set out in section
189 of the Municipal Act, 2001.
• Should triple-majority be achieved, the new Transit Commission will be created
and would begin operation on January 1, 2023.
• The Linking Niagara Transit Committee (LNTC) has endorsed the proposed
governance model for the consolidation of transit (September 29, 2021),
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comprised of a comprehensive financial, Board composition, and service
strategies.
• These combined strategies for the new Transit Commission reflect extensive
consultation, including: two rounds of consultation with local municipalities, as
well as engagement with interested parties from across Niagara and the public.
o The recommended strategies reflect the consensus recommendation of
the Governance Steering Committee (GSC), balancing the input and
feedback received from all parties. The City of Welland has identified
ongoing concerns, which are discussed in the companion memorandum to
this report.
• Now is the opportunity to take the final step towards the establishment of a
consolidated system. Only through a single Commission model – a single
decision making authority for transit – can the benefits of these next steps be
realized.
Financial Considerations
Should triple-majority approval be achieved, the financial strategy outlined in this report
and in further detail in LNTC-C 3-2021 proposes the Region upload the Municipal levy
funding of the baseline local transit service net expenditure to the Regional levy, using
the combined 2020 transit budgets at $27.8M and estimated to be $29.4M in 2023.
The upload to the new Transit Commission will occur in a single year 2023, following
which the Regional Council approved budget of the Commission will be apportioned to
each of the LAMs using twelve Special Levies, one for each municipality. All existing
Niagara Region Transit (NRT) service costs transferred to the Commission will continue
to be allocated to the Special Levy based on municipal share of Regional assessment
and the local transit service costs will be allocated to the Special Levy based on service
hours. Tax bills will show a separate LAM regional transit levy so this is clear for all
property owners. An insert in the tax bill will explain to property owners that the Special
Levy is not an additional charge, but instead reflects the upload of responsibility for
transit, and the tax space associated with the cost of transit also moves to the Region.
The 2023 estimated baseline operating budget of the new Transit Commission will
represent a 7.3% increase to the Regional budget resulting from the local transit service
costs being shifted from LAMs to the Commission budget; to be levied by the Region.
This increase is expected to be offset by equal and concurrent reductions to municipal
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budgets to minimize the property taxpayer impact from transit consolidation. In addition,
the establishment of a new transit capital reserve, requires an additional 0.5% ($2.2M)
increase to the 2023 Regional budget.
Note that all financial modeling is estimated based on 2020 budgets and would be
adjusted prior to 2023 to reflect most recent financials, including final asset inventories
and debt to be assumed by the Commission. Future growth and service strategies are
subject to future budget approvals and will directly impact the proportion of costs a
municipality is apportioned.
Analysis
Moving Transit Forward
The vision for a single regional transit agency for Niagara is a long-standing one, with a
significant series of previous milestones having been achieved dating back well more
than a decade.
Recent milestones include the formation of the inter-municipal transit working group
(IMTWG) in 2015, the Niagara Transit Service Delivery and Governance Strategy
Report (Dillon Report, 2017), unanimous triple majority approval in 2017 granting the
Region legal jurisdiction to move NRT from a pilot to permanent operation – along with
unanimous municipal approval to proceed to develop a new governance system for a
consolidated transit system for all of Niagara, the establishment of LNTC, the 2017
MOU between Niagara’s four major transit properties that endorsed a consolidated
transit system in principle, and the completion of the Niagara Transit Governance Study
(NTGS) in 2020.
LNTC has now developed and endorsed the final recommended governance proposal,
comprised of the financial, Board composition, and service strategies as outlined in this
report, and supported the initiation of the required triple-majority approval process.
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Now is the opportunity to take that final step towards the establishment of that
consolidated system, one that is anticipated to bring dramatic benefits to the residents
of Niagara by:
Creating one unified transit system
for Niagara.
Breaking down barriers and
connecting communities, ensuring
all residents in Niagara have access
to transit.
Expanding and enhancing service
– with new, longer, and consistent
operating hours.
Connecting to GO Transit as
service is expanded and enhanced in
the near future.
Supporting business and
economic development by
connecting employers with new
customers and employees with new
opportunities.
Driving Tourism by connecting
people to all the destinations and
activities that Niagara has to offer.
Connecting Seniors to their
community – to access services, see
family and friends, and maintain
independence.
Establishing one single fare that
takes you anywhere in the Region,
with a new payment system.
Being innovative, using new
methods to serve communities like
on-demand transit.
Having one schedule, with one
website and one app to help you
plan your trip.
Creating a more accessible and
equitable system by ensuring all
residents have similar access to
service.
Supporting the environment by
reducing greenhouse gas emissions
and support future moves to a zero-
emission fleet.
Ensuring that Students and Youth
can get to school, participate in
extra-curricular activities, or access a
job.
Ensuring it is funded fairly, with
residents only paying for the service
they receive directly.
Delivering better value for the
taxpayer through the more efficient
delivery of service and eliminating
duplication.
Providing access to Health Care,
and improving social determinants of
health.
Ensuring maximization of capital
resources.
Ensuring consistent, reliable and
accessible infrastructure which
enables all riders to equitably access
transit.
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It is only through the move to one consolidated agency these outcomes can be
achieved.
Significant work has been done to improve, integrate, and coordinate the existing
systems in Niagara, and consolidation will mean a larger and combined resource pool,
which will support efficiencies that cannot be otherwise achieved as separate entities
duplicating efforts, and which will then be reinvested into the network to enhance
service.
Operational integration under the current status quo can only go so far before decisions
require political authority to make meaningful change – which creates inconsistencies,
inequity, and disconnected operations. Only through a single Commission model – a
single decision making authority for transit – can the benefits of these next steps be
realized. Whether aligned fare policies (i.e. single fare), fare exemptions (i.e. Niagara-
wide low income pass), single unified system branding on fare technology or fleet,
addressing inconsistent service hours, or an ongoing lack of consistency in capital
improvements – these benefits can only be achieved with a single governance model to
ensure the consistency, reliability and frequency transit riders expect can be realized.
Under the status quo, if one Council is not aligned for investments, the system is out of
sync. This is what has led to the inconsistencies that plague today’s system. The
IMTWG has made incredible strides to harmonize as much a possible, but obvious gaps
and confusion to those using the system prevail.
Building Niagara
A move to a consolidated Region-wide transit agency is critical for ensuring that Niagara
remains a competitive destination for people and businesses, and is able to retain those
already here.
Regional transit systems have been established in a number of peer jurisdictions
previously: Waterloo, Durham and York Regions in terms of bringing together local
transit systems to a combined Region wide system for example, as well as those de-
facto Region-wide systems established through municipal amalgamations such as in
Hamilton.
These jurisdictions have all seen significant growth not only in transit ridership, driven
by both the consolidation and expanded investment into the transit network, but also in
terms of the associated benefits from transit such as business development and the
expansion of their post-secondary institutions.
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Niagara Region is experiencing significant and rapid growth. People and businesses
coming to Niagara are often relocating from areas such as the GTA with existing transit
systems, and accordingly are bringing with them the expectation that a robust transit
system will be in place in their new home.
The move to a consolidated transit system will address this expectation - ensuring that
Niagara is able to not only meet and support the growth that is already in place but to
continue to meet it in the future, including an projected 19% increase in population and
16% growth in employment by 2031 (2019 Municipal Growth Plan). This growth will
come from many areas, including: recent trends of relocation from the GTA, newcomers
to Canada, the expansion of GO transit to Niagara, as well as the growth of institutions
such as Brock University, Niagara College, and new facilities such as the Niagara South
Hospital.
Establishing a consolidated transit system is critical to meeting the evolving needs of
existing residents, as well as ensuring that Niagara remains an attractive and
competitive place to attract new growth.
Creating a Consolidated Transit System - Triple Majority Approval
Creating authority for one consolidated transit system in Niagara will require triple-
majority approval of a by-law to transfer to the Region the legislative authority to operate
intra-municipal transit service in Niagara (the Region having received inter-municipal
authority previously in 2017).
Triple majority support consists of:
• A majority of all votes on upper-tier council [Regional Council];
• A majority of all the lower-tier [LAM] councils passing resolutions consenting to
the by-law; and
• The total number of electors in the lower-tier [LAM] municipalities that have
passed resolutions consenting to the by-law form a majority of the electors in the
upper-tier municipality.
This report is the first step in this process and the represents the Regional approval to
move forward into a consolidated system. Should the recommendations of this report be
adopted, each of Niagara’s LAMs will then be asked to subsequently consider the by-
law through the remainder of 2021.
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Should triple-majority be achieved, an approximate one-year period would be required
to establish the new Transit Commission and to prepare for the assumption of day-to-
day operations on January 1, 2023. In the interim, the existing transit systems would
continue to operate and deliver service while the Region will take steps to ensure a
smooth transition. As outlined in the Municipal Transfer Agreement term sheet
(Appendix 3), no additional changes in operation or new assets would be on-boarded
after June 30, 2022 in order to provide a ‘steady-state’ for the final period prior to
operations turnover. Changes made between 2021 and June 30, 2022 will alter the
previously estimated special levies for each municipality.
The Transition Plan of the NTGS outlines the major milestones required to establish the
Commission during this one-year period, with further discussion later in this report
regarding some of the immediate next steps should triple-majority be achieved.
Final Governance, Service Standards, and Financial Strategies
The creation of a regional transit municipal service board to serve as the new Transit
Commission, Board composition for the Commission, service standards, and financial
strategies comprise the governance proposal for the new Transit Commission, outlining
how the new agency would be established and the terms and conditions in which it will
ultimately function.
These strategies have been summarized in the sections below, with reference provided
to previous reports that provide additional detail where applicable.
Extensive Consultation
The aforementioned strategies were developed and articulated originally as part of the
NTGS consultants study, as well as through the work of both local and Regional staff
such as the Area CAOs and Treasurers. Since that time, they have been refined
through significant engagement and consultation, including:
• Two Rounds of Municipal Consultation – Local municipal Councils reviewed
the initial proposed strategy and provided feedback on both the original NTGS
recommendations and associated financial model; followed by a second
opportunity for further feedback based on the revised strategies developed by the
GSC in response to the first round of engagement. The proposal was presented
to Council of all local municipalities in public session providing an opportunity for
members of council and the public to provide input. Significant change occurred
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from the initial proposal to the subsequent revised strategies. This was a direct
result of the municipal feedback.
A companion memorandum (CL-C 86-2021) has been prepared that outlines the
outstanding discussion points raised by the City of Welland and how these items
were acknowledged, weighed, considered and responded to throughout the
current process.
• Interested Party Consultation - Following the LAM discussions, a series of
workshops were conducted with interested parties from across Niagara,
representing organizations or demographics who either rely on transit or with a
mandate that is closely related to transit. Example attendees included members
of environmental and accessibility advisory committees, local business leaders
and Chambers of Commerce, institutional administrators, and other advocates.
The purpose of these sessions was to ensure that these groups had the latest
information regarding the consideration of a consolidated transit system, and had
an opportunity to provide feedback prior to the finalization of the proposal.
These sessions were organized thematically, covering a wide variety of topics
such as the environment, seniors, youth, business and tourism, post-secondary
institutions, diversity and inclusiveness, libraries, health services, and
accessibility.
• Public Consultation – in September 2021, a website was launched
(movingtransitforward.ca) that provided an overview of the proposal for a
consolidated transit system, as well as details on the core strategies of the
governance model. A survey asked for feedback from the public on the
proposed models:
A total of 2,251 individuals took the survey. Respondents included representation
from all Niagara municipalities, representing a mix of both transit and non-transit
users (38% monthly or more frequent, 44 % non-transit users). Consistent
support was expressed for all three of the governance strategies, with 'support’ or
‘strong support’ being indicated by:
• 79% of respondents for the financial strategy;
• 82% of respondents for the Board composition structure; and
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• 85% of respondents for the services standards strategy.
The details results of the public consultation survey are including in Appendix 2.
Board Composition Strategy
The LNTC has endorsed and recommends the creation of a 15-member elected
Transitional Commission Board, to be comprised of either Regional or local councillors,
supported by a 20-member Public Advisory Committee as shown in Figure 1 below.
The Region would be represented by the Regional Chair or the CAO (or their delegate)
as ex-officio attendees to ensure that answers to questions concerning Regional
operations and matters that impact the Region related to the Commission can be
responded to for the Board in a timely way.
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Figure 1 - GSC Recommended Board Structure
Transitional Transit
Commission Board Public Advisory Committee
(15) Total Elected Official
Representatives
• (3) St. Catharines
• (2) Niagara Falls
• (1) Welland
• (1) Fort Erie
• (1) Grimsby
• (1) Lincoln
• (1) Niagara-on-the-Lake
• (1) Pelham
• (1) Port Colborne
• (1) Thorold
• (1) Wainfleet
• (1) West Lincoln
(20) Total Public Interested Party
Representatives
• (12) Niagara Residents (one per
Municipality)
• (2) Members representing
Accessibility Advisory Committees or
other Accessibility Stakeholders
• (2) Post-Secondary Representatives
(1 student union representative from
Brock University and 1 from Niagara
College)
• (1) Member representing Niagara’s
Chambers of Commerce
• (1) Senior Issues Stakeholder
• (1) Youth Issues Stakeholder
• (1) Transit Commission General
Manager (ex-Officio)
Members recommended by local
Councils; appointed by Regional Council.
Resident members recommended by
local Councils; all members appointed by
the Transit Commission Board.
In the development of this recommendation, the GSC considered feedback from all 12
municipalities regarding the overall size, elected composition, and share of
representation of the Transitional 15-member Commission Board.
This recommendation balances that input: ensuring that all local municipalities have
direct representation during the transition period, providing additional representation to
municipalities on the basis of ridership, while respecting the total size of the Board.
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The mandate of the Transitional Board will end with the establishment of a future
permanent Board structure that will coincide with next municipal election cycle (2026)
after the creation of the Commission.
This will be preceded by an external third party review of the Transitional Board
structure and governance that will revisit and make recommendations regarding the
total Board size, and representation. The Municipal Transfer Agreements discussed
later in this report include a specific requirement that this external review, examining
alternative Board structures, takes place.
The GSC has maintained the position that the establishment of a hybrid governing
model (councillors and independent experts) remains a preferred outcome for the future
permanent Board structure and should be strongly considered during this review.
Recent recommendations made as part of the Collingwood Judicial Inquiry suggest that
the boards of municipally owned corporations should be composed of directors with a
variety of experiences and backgrounds, skills and qualifications. These
recommendations apply equally to municipal service boards.
Service Standards Strategy
Developed by the transit leaders in Niagara, the Service Standards Strategy, provided
as Appendix 5 to LNTC-C 3-2021, outlines a three-phased approach to the
standardization and enhancement of transit service across Niagara to achieve
consistent, equitable access to transit for all Niagara residents and communities:
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Figure 2 - Niagara Service Standards Strategy Overview
• Phase 1 – Standardized Operating Hours Across Niagara – a move to one
set of consistent operating hours to ensure all residents in Niagara have the
same level of availability of transit in their community and the ability to make
consistent connections across Niagara. Proposed hours are 6 a.m. to midnight
(Monday to Saturday), and 7 a.m. to 9 p.m. (Sundays and Holidays). This would
represent over 45,000 new annual service hours across Niagara to create this
equity and availability in each municipality.
• Phase 2 – Combine Specialized and Demand-Responsive Services -
combining specialized transit (accessible or Para-transit) with other existing
demand-responsive (on-demand) services. The combination of specialized and
demand-responsive transit into one combined service delivery model offers an
opportunity to both improve the service residents receive, while more efficiently
deploying the resources available to the Commission.
• Phase 3 – Network Review and Growth - undertaking a detailed network
review study that would look for future opportunities to expand and enhance
Niagara’s transit footprint and significantly grow ridership in the long-term.
The new Transit Commission will also evaluate the performance of its services on a
continual basis – starting right from its creation and in parallel with this strategy. At a
minimum, there will be an annual performance review of required changes and service
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enhancements, which may include evaluation of route performance, ridership, new
housing/commercial development, customer feedback, and opportunities to implement
existing expansion priorities such as those identified in municipal transit and
transportation master plans, in keeping with industry best practices.
Financial Strategy
The recommended financial strategy proposes that all LAM transit service budgets be
uploaded to the Commission in the 2023 budget year, as well as the Region’s existing
transit budget to be consolidated by the Commission and to be assessed to the LAMs
by way of special levies to be approved annually by the Region as part of the budget
process:
• The 2023 estimated Commission baseline service budget will require a 7.3%
increase due to the transfer of local transit costs to the Regional budget with
expected equal and concurrent reductions to municipal budgets therefore
minimizing the net residential impact.
• Service levels are different in each municipality; therefore, the Region proposes
that twelve Special Levies be adopted in 2023. Each Special Levy will allocate
65% of 2023 net transit costs based on service hours, with all current existing
NRT services continuing to be allocated to the Special Levy based on local share
of Region-wide assessment.
The full Financial Strategy is described in the Financial Considerations section of LNTC-
C 3-2021 and associated Appendices 1, 2, 3 and 4.
Over the course of 2022 it will also be necessary for all municipalities to review and
make any necessary adjustments to Fees and Charges by-laws, Development Charges
By-laws and other related administrative by-laws to ensure a smooth transition effective
on January 1, 2023. A further report will be required to address these matters. Also,
matters related to insurance coverage will need to be addressed.
Creating the Commission – Next Steps
Should triple-majority be achieved, an approximate one year transition period would
commence during which the Commission would be established in advance of the
assumption of day-to-day operations on January 1, 2023. The NTGS identified a total of
five phases of transition (Approval, Commission Establishment, Commission Setup,
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Service Launch, Enhancement), with Phase 2 – Commission Establishment and Phase
3 – Commission Setup intended to be achieved during this one year period before the
assumption of operations.
Significant work and resources will be required to achieve the transition of operational
responsibility on January 1, 2023. This will including the establishment of the
Commission as a Municipal Services Board, appointment of the Commission Board, the
completion of the Municipal Transfer Agreements, and the transfer of staff and assets.
Each of these tasks will require significant coordination between Regional staff,
municipal staff, and Commission staff when in place, with additional resources and
support to be sought through external consulting assignments to be funded as part of
the previously identified transition costs.
The purpose of this section is to provide an overview of some of the major activities of
this transition period, including where future decisions of Regional Council will be
sought.
Legal Establishment of the Commission as a Municipal Services Board
Following triple-majority, work will be required to formally establish the Transit
Commission as a Municipal Services Board of the Region, through section 196 to 198 of
the Municipal Act, 2001 (the “Act”).
A transit commission established under the Act is subordinate to Regional Council,
unlike an independent board, like the Police Services Board or Board of Health, which
are created under different legislation. At the same time, it is a body corporate, and so
is independent from the Region in its day-to-day operations.
Regional Council will determine the roles and responsibilities of the Commission,
governance structure including the board structure and membership as well as
determine if committees are needed. Regional Council will also determine the
budgetary process, financial management, transfer of assets and reporting structure of
the transit commission. Policies respecting the sale or disposition of land, hiring of
employees and procurement of goods and services are mandatory under s. 270(2) of
the Act. The Commission would normally establish its own procedure by-law, policies
respecting employees, procurement, asset management and board compensation
however for efficiency could consider leveraging Regional services and policies. It
would also appoint its own Auditor. The role of the Region’s auditor in providing
oversight will need to be determined as well. To note, the entities consolidated
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financially with the Niagara Region being Court Services, Niagara Regional Housing
and Niagara Regional Police all leverage the Region’s auditors which creates significant
efficiency and cost savings.
As a “local board” the Municipal Freedom of Information and Protection of Privacy Act
will apply to the transit commission and it will require a Code of Conduct. Its budget will
be approved by Regional Council as part of the annual budget approval process. What
if any corporate support services will be provided by the Region also needs to be
considered (and may the subject of a future agreement between the Region and the
Commission, similar to the “shared services” agreement in place between the Region
and NRH for example).
The proposed organization of the new Transit Commission will be accomplished
through the passage of a by-law by Regional Council at a future date that will create the
Board and formalize aspects of the Board composition strategy such as the number of
Commission Board representatives and eligibility of persons to hold office as Board
members.
That by-law will further establish the relationship between the Commission and the
Region, including their financial and reporting relationship. Transitional reports to
implement these operational or structural components of the new Commission would be
brought to Regional Council as needed during the transition period (2022). Terms of
Reference for both the Commission Board and Public Advisory Committee will also be
developed and brought forward for Council approval.
Municipal Transfer Agreements
A series of agreements will be required with each of Niagara Falls, St. Catharines, and
Welland regarding the manner in which the existing assets used to deliver transit in
Niagara would transfer to the new Transit Commission. These Municipal Transfer
Agreements (MTAs) will also include principles for the transfer of personnel, guarantees
regarding the minimum levels of service to be provided in municipalities in the future,
and formalize the requirement that the governance review takes place.
A recommendation of this report is that the CAO, and the General Manager of the new
Transit Commission once appointed, be authorized to negotiate these agreements, on
the basis of the terms that are outlined in Appendix 3.
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The principles outlined in this term sheet represent the consensus recommendations of
the CAO GSC reflecting discussion, comments, and input received throughout the multi-
year initiative to consolidate transit. The term sheets further include schedules that
identify the assets that are to be transferred, as well as the current debt financing to be
assumed by the Region as part of the financial strategy.
WEGO
Contained within the MTAs are principles related to the exclusion of WEGO from the
initial consolidation of transit in Niagara. This approach has been taken as WEGO is
delivered by the Niagara Parks Commission, a Provincial Crown agency, in partnership
with the City of Niagara Falls. As such there are a series of pre-existing agreements
regarding the operation of the system and the maintenance facility (paid for in part
through Provincial funding) that would make consolidation of WEGO with the wider
system challenging as part of the initial triple-majority exercise. WEGO also provides a
specific a tourism-focused service that is unique from the other public transit systems in
Niagara.
It is therefore anticipated that in the early days of the Commission that WEGO service
will continue to be delivered as a partnership between the City of Niagara Falls and the
Niagara Parks Commission. Accordingly, the WEGO fleet and the WEGO transit facility
will remain with the City of Niagara Falls and not be transferred to the Commission.
Transit operators currently employed by the City of Niagara Falls in the joint delivery of
Niagara Falls Transit and contracted WEGO routes will transfer to the Commission, with
the Commission and the City of Niagara Falls entering into a service agreement, on the
basis of an hourly fee, for the provision of operators to deliver the continued contracted
City of Niagara Falls WEGO routes.
The initial exclusion of WEGO from consolidation does not preclude its future integration
once the Commission has been fully established and/or as existing agreements
between the Niagara Parks Commission and the City of Niagara Falls come to term. It
also does not preclude agreements being entered into related to WEGO concerning
operations in Niagara Falls, at any time.
Appointment of the Commission Board and Public Advisory Committee
Following the legal establishment of the Commission as a Municipal Services Board, the
process to appoint members to the Transitional Commission Board and Public Advisory
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Committee will commence. As outlined within the Board composition strategy, each
municipality will be asked to forward to Regional Council a recommendation for both an
elected representative on the Commission Board and a public or citizen representative
for the Advisory Committee. Skills matrices and evaluation criteria will be developed for
the other public members of the Advisory Committee, with an application process
following the existing Regional process for appointment to advisory boards and
committees.
The final approval for appointing members to both the Commission Board and the
Public Advisory Committee will rest with Regional Council, reflecting the role of the
Commission as an agency of the Region.
Recruitment of General Manager and Transition of Staff
An open competition will be held for the position of General Manager of the new
Commission, anticipated to be supported though the use of an executive search
consultant. The appointment of a General Manager would subsequently be ratified by
the Commission Board once established.
The General Manager, along with a working group led by the Regional
Treasurer/Commissioner Corporate Services, will finalize the organizational structure
and compliment of the new Commission for Regional Council approval. The preliminary
organizational structure included in the NTGS will serve as the starting point for this
discussion.
An external HR consultant vendor will be sought to support the transition of existing
employees to the new Commission, and provide additional capacity to Regional staff to
facilitate tasks such as the finalization of the organizational structure, development of
job descriptions, and other human resources and labour relations components.
Appendix 4 outlines a high level overview of a series of Human Resources and Labour
Relations considerations that are applicable to the transfer of staff to the new
organization.
Consistent with these requirements and as outlined within the MTA Term Sheet, all full-
time and part-time unionized employees employed by the existing transit entities as of
June 30, 2022 will automatically transfer to the Commission.
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Non-unionized employees will either be directly offered a position with the new
Commission where there is anticipated to be a substantially similar role established, or
have the opportunity to apply for new roles within the Commission. Any municipal
corporate support personnel (i.e. those whose full time role with a municipality includes
transit work as a portion of their duties) will remain with the municipality. Any municipal
non-union staff who are not offered a position with the new Commission will remain the
responsibility of the municipality.
The integration of the three existing Amalgamated Transit Union (ATUs) Locals will take
place in through negotiation and in accordance with the defined provincial process as
outlined under the Public Sector Labour Relations Transition Act, 1997 and by the
Ontario Labour Relations Board.
Alternatives Reviewed
The NTGS considered a series of alternative governance models for the consolidated
transit system, including that of a partial Commission or Regional Division. The Full
Commission was recommended on the basis of the level of independence and
anticipated benefits arising from a defined budget envelope being set by Regional
Council. Additional detail regarding the evaluation of the alternative governance models
is contained within the final NTGS report, which was presented as Appendix 2 to LNTC-
C 4-2020.
Numerous alternative financial models, Board compositions, and service enhancement
timelines have been considered throughout the process: both originally within the NTGS
and as input and feedback has been received by municipalities. These considerations
have included:
• 11 different alternative Special Levy financial models, including ones that
considered divisions between conventional and on-demand systems, in addition
to the single General Levy originally proposed;
• Alternative Commission Board structures including those that maintained a
smaller total Board size; that included public members to retain a hybrid model;
that grouped smaller LAMs into rotating seats; and
• Both shorter and longer timelines for the implementation of service
enhancements and the external network review.
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The original guiding principles of ‘Customer Driven’, ‘Unconventional Solutions’,
‘Integrated’, ‘Economically Responsible’, and ‘Fair’ were used throughout to evaluate
alternatives. The final strategies and governance model represent the consensus
recommendation of the GSC.
Relationship to Council Strategic Priorities
The proposed consolidation of transit services across Niagara into a consolidated transit
entity directly aligns with the Council Strategic Priority: Responsible Growth and
Infrastructure Planning (Objective 3.1) through advancing regional transit and facilitating
the movement of people and goods.
Other Pertinent Reports
LNTC-C 5-2021 Niagara Transit Governance – Phase 2 Consultation Results and
Triple-Majority Initiation
LNTC-C 3-2021 Niagara Transit Governance - Revised Strategies Reflecting Phase
1 Municipal Consultation
LNTC-C 2-2021 Niagara Transit Governance – Governance Steering Committee
Update
LNTC-C 1-2021 Niagara Transit Governance – Detailed Phase 1 Consultation
Summary
PW -9 2021 Niagara Transit Governance Study – Niagara Region
Considerations
LNTC-C 6-2020 Councillor Information Request – Niagara Transit Governance –
Local Area Municipality Engagement
LNTC-C 4-2020 Niagara Region Transit Governance Study
CAO 8-2017 Niagara Region’s Transit Service Delivery and Governance
Strategy
LNTC-C 21-2018 Inter-Municipal Transit (IMT) Service Implementation Strategy
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________________________________
Prepared by:
Matt Robinson
Director
GO Implementation Office
_______________________________
Recommended by:
Bruce Zvaniga, P.Eng.
Commissioner of Public Works (Interim)
Public Works Department
________________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was prepared in significant consultation with Scott Fraser, Transportation
Lead GO Implementation, Heather Talbot, Financial & Special Projects Consultant –
Financial Management and Planning; the Governance Steering Committee comprised
of the CAOs from all thirteen (13) municipalities across Niagara; and reviewed by; Matt
Robinson, Director, GO Implementation Office; Helen Chamberlain, Director, Financial
Management & Planning/Deputy Treasurer; Todd Harrison, Commissioner of Corporate
Services/Treasurer.
Appendices
Appendix 1 Draft By-law No. 96-2021 of the Regional Municipality of Niagara
Appendix 2 Online Resident Survey Results – Moving Transit Forward
Appendix 3 Municipal Transfer Agreements – Summary Term Sheet
Appendix 4 External Legal Overview: Regional Transit Integration: Labour
Relations and Employment Processes and Implications
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Bill No. Authorization Reference:
Minute Item 5.1
Page 1 of 3
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. <>
A BY-LAW TO ESTABLISH, OPERATE AND MAINTAIN A
CONSOLIDATED PASSENGER TRANSPORTATION SYSTEM FOR THE
REGIONAL MUNICIPALITY OF NIAGARA
WHEREAS Niagara Region Council deems it expedient and beneficial to address transit
issues in Niagara Region;
WHEREAS the Linking Niagara Transit Committee was established to lead the
development of a consolidated governance model, as well as the harmonization and
integration of operational and policy regimes of the existing transit properties;
WHEREAS the Inter-municipal Transit Working Group was established to gather
information and provide guidance on operational matters related to the transition to a
consolidated transit system;
WHEREAS Niagara’s four (4) major transit operators entered into a Memorandum of
Understanding in 2017 that, in principle, endorsed the creation of a consolidated transit
system;
WHEREAS all local area municipalities have been consulted on and provided input
regarding the results of the Niagara Transit Governance Study, associated financial
strategy, and the subsequently revised models reflecting initial feedback;
WHEREAS the Linking Niagara Transit Committee has endorsed the Commission
governance model, Niagara Service Standards Strategy and associated twelve (12)
special levy financial strategy as the models under which consolidation should take place
as identified in Regional Reports LNTC-C 5-2021 and PW 55-2021;
WHEREAS Niagara Region obtained triple-majority authority in 2017 to establish, operate
and maintain an inter-municipal passenger transportation system in Niagara Region and
enacted By-law No. 2017-21 on March 23, 2017, which came into effect on June 1, 2017,
in this regard;
WHEREAS under this new consolidated system, Niagara Region would plan and operate
both intra-municipal and inter-municipal transit routes, including specialized and demand-
responsive transit services, throughout Niagara Region creating one unified transit
system;
PW 55-2021 Appendix 1
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Bill No. Authorization Reference:
Minute Item 5.1
Page 2 of 3
WHEREAS existing transit assets would transfer to the Commission on the basis of
Municipal Transfer Agreements, to be negotiated and entered into with the major transit
operators substantially on the basis of the terms outlined in Appendix 3 to PW 55-2021;
WHEREAS Section 11 of the Municipal Act, 2001, Ch. 25, as amended, grants exclusive
jurisdiction over the operation of transit services to lower-tier municipalities in Niagara
Region; and
WHEREAS Section 189 of the Municipal Act, 2001, Ch. 25, as amended, provides an
upper-tier municipality with the ability to pass a by-law for the transfer of all or part of a
lower-tier power to the upper-tier municipality, subject to certain rules regarding
consideration and approval by the lower-tier municipalities.
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1. That the authority to establish, operate and maintain a consolidated passenger
transportation system for Niagara Region be transferred to The Regional
Municipality of Niagara;
2. That steps to transfer jurisdiction and related assets essential to operating a
consolidated passenger transportation system to The Regional Municipality of
Niagara begin immediately after the following requirements have been met:
a. A majority of the councils of the lower-tier municipalities forming part of
Niagara Region have passed resolutions consenting to the by-law;
b. The total number of electors in the lower-tier municipalities that have passed
resolutions consenting to the by-law form a majority of all electors in the
Region of Niagara as established in the revised list of electors for the
municipal election held in the year 2018.
3. That in this by-law, the term “consolidated passenger transportation system” shall
mean a single, unified public transportation services system operating within or
between any two or more of the twelve (12) lower-tier municipalities which
comprise the Region of Niagara;
4. That The Regional Municipality of Niagara does hereby assume from all lower-tier
municipalities comprising the Region of Niagara, those parts of the lower-tier
power and related assets essential to provide public transportation systems, other
than highways, necessary to own and operate a consolidated passenger
transportation system as contemplated by this by-law;
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Bill No. Authorization Reference:
Minute Item 5.1
Page 3 of 3
5. That Sections 1 and 2 of the by-law shall come into force and effect on the day the
requirements of Section 189 of the Municipal Act 2001, Ch. 25, as amended, are
met;
6. That Section 4 of this by-law respecting the transfer of assets and operations to
the new transit commission does not come into effect until January 1, 2023. For
clarity, the lower-tier municipalities that operate public transportation systems will
continue to do so until these operations transition to The Regional Municipality of
Niagara on January 1, 2023.
THE REGIONAL MUNICIPALITY OF NIAGARA
James Bradley, Regional Chair
Ann-Marie Norio, Regional Clerk
Passed: <date>
Page 319 of 361
Appendix 2
Online Resident Survey Results – Moving Transit Forward
Introduction
In order to gauge wider community feedback on the proposed model for consolidation,
a brief online survey was created and administered as part of the overall
communications strategy.
The Moving Transit Forward survey was hosted online through a dedicated project
website, available at www.MovingTransitForward.ca, as well as through municipal
public engagement platforms such as BangTheTable. The survey was live from Sept.
21 – Oct. 1, 2021, and was open to all Niagara residents.
Brief Analysis
The survey gathered feedback from over 2,000 individuals from across Niagara.
Approximately 56 per cent of respondents identified as regular transit users, which
aligns with a general understanding of the ridership base in Niagara.
Geographically, the makeup of respondents by municipality proportionally reflects the
population breakdown in Niagara, with more respondents from larger municipalities,
and fewer from smaller municipalities.
Overall the survey results show strong approval among Niagara residents for each of
the three main components of the proposed transit model, with the Governance
Structure, Service Level Standards, and Financial Model all receiving approval levels of
79 per cent or higher.
Through the open-ended comment box, residents shared further feedback regarding
the model and transit in general. Common themes included a need to move forward
with the proposal as quickly as possible, and concerns that consolidation may
negatively impact transit services or taxes in the respondent’s own local municipality.
Methodology
Being an online, voluntary and self-identifying survey, the results present an anecdotal
picture of residents’ views on the proposed model for consolidated transit. This was not
a scientific survey, and results should not be viewed as statistically valid. However,
previous research conducted by the Region has shown our online survey results tend
to be consistent with residents views.
PW 55-2021
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November 25, 2021
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_____________________________________________________________________
Respondents were asked to identify where they lived, how often they used transit, and
if they approved of or opposed the proposed Governance Structure, Financial Model
and Service Standards Strategy. Residents were educated on the basics of the
proposal though information and videos on the website, as well as a brief explanation
within the survey itself.
Respondents were also given the opportunity to add any additional comments about
public transit in Niagara, and were invited to share their email address to be kept up-to-
date as the project continues.
Number of respondents
A total of 2,251 individuals took the survey. Of those, 1,772 answered all questions in
the survey, while the remainder only answered some. 789 respondents submitted
comments through the survey, and 527 wished to receive further updates via email.
PW 55-2021
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November 25, 2021
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_____________________________________________________________________
Survey questions and responses
1.Which municipality do you live in?
Fort Erie
4%Grimsby
8%I don't live in
Niagara
1%
Lincoln
6%
Niagara Falls
13%
Niagara-on-the-
Lake
5%Pelham
4%
Port Colborne
4%
St. Catharines
36%
Thorold
4%
Wainfleet
1%
Welland
11%
West Lincoln
3%
Local area municipality Number of respondents
Fort Erie 102
Grimsby 180
I don't live in Niagara 24
Lincoln 132
Niagara Falls 295
Niagara-on-the-Lake 103
Pelham 91
Port Colborne 84
St. Catharines 798
Thorold 89
Wainfleet 16
Welland 243
West Lincoln 66
PW 55-2021
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November 25, 2021
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2.How often do you use transit in Niagara?
Daily
17%
Less than once a
month
18%
Monthly
8%
Never
44%
Weekly
13%
How often do you use transit in Niagara?
PW 55-2021
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November 25, 2021
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3.What is your level of support / opposition for the proposed financial
strategy?
Opposed
10%Strongly
opposed
11%
Strongly
support
34%
Support
45%
4.What is your level of support / opposition for the proposed governance
structure?
Opposed
8%Strongly
opposed
10%
Strongly
support
31%
Support
51%
PW 55-2021
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November 25, 2021
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5.What is your level of support / opposition for the Service Standards
Strategy?
Opposed
7%
Strongly opposed
8%
Strongly support
32%
Support
53%
Total
6.Open-ended comments
Residents shared a variety of comments about the proposed model, future service
needs, and transit in general. Some of the more prominent themes among the
comments included:
•Many respondents emphasized that any future service change must include
expanded service hours, especially on Sundays and later into the evening
•A strong feeling that transit consolidation needs to happen as soon as possible,
and is already long overdue
•Residents in smaller municipalities were concerned that they would have to
shoulder the costs of service in larger urban municipalities. Conversely, residents
in large municipalities like St. Catharines were worried that consolidation would
results in a lower level of service in their community.
PW 55-2021
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•Many respondents want to ensure that the future service particularly meets the
needs of individuals with disabilities, seniors, and others who are unable to drive
•Respondents wish to see transit riders and Niagara residents strongly
represented in the proposed governance model. Others, however, felt that there
were too many representatives proposed.
•Respondents emphasized that the consolidated service must link effectively with
the GO network in order to effectively link Niagara with the rest of the GTHA.
•Many respondents were supportive of the proposal, but did not want to see any
cost increases to the taxpayer
•Respondents saw an opportunity for the model to incorporate green technology
and environmentally friendly practices, emphasizing the positive effect such a
system could have toward protecting Niagara’s natural environment
PW 55-2021
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_____________________________________________________________________
Appendix 3 – Summary Term Sheet
Municipal Transfer Agreements
The following is the proposed package of terms for the Municipal Transfer Agreements,
which will guide the transfer of existing transit assets and personnel to the newly
formed Transit Commission, subject to triple-majority approval, and to be negotiated
individually between The Regional Municipality of Niagara and the City of Niagara Falls,
City of St. Catharines, and City of Welland respectively.
The principles outlined in this term sheet represent the consensus recommendations of
the CAO Governance Steering Committee, reflecting discussion, comments, and input
received throughout the multi-year initiative to consolidate transit.
Note that all financial modeling was estimated based on 2020 budgets, assets, and
debt levels. The final Financial Strategy will be adjusted prior to 2023 to reflect new
assets and debt incurred and will be based on budget levels no less than 2020
operating budgets. Schedule A and B to this term sheet reflect the most recent
estimates by municipalities - asset inventories and debt to be assumed by the
Commission will be updated and finalized as part of the completion of the full Municipal
Transfer Agreements.
Asset Transfer
1)Existing local transit assets, including but not limited to bus fleet, service vehicles,
service equipment, and transit service facilities purchased or acquired prior to June
30, 2022 will transfer to the Transit Commission at no cost or, for the exclusive use
of transit service delivery, in accordance with the Cummings Principle (the transfer
of assets from one municipality to another at no additional compensation, because
the municipal taxpayer has already paid for them).
a)Land on which transit service facilities reside will be retained by the local
municipality, and the Region will conduct a Phase 2 environmental assessment.
b)Payment-in-lieu of taxes will be provided by the Commission to the local
municipality, where applicable.
c)Transit service facilities with shared-use municipal components will transfer to
the Commission, and be subject to an agreement to lease back at a nominal rate
to the municipality those areas of the facility used for non-transit purposes.
d)Should the Commission no longer require a transferred asset to exclusively
deliver transit services, the ownership of that asset will be transferred back to the
original municipality.
PW 55-2021
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2)The Commission will commit that existing fleet vehicles delivering local service
within a municipality will continue to be utilized exclusively within that municipality for
the remainder of their existing service life.
3)Local municipalities will make available to the Commission for inspection and
condition assessment all transit assets prior to transfer, and will share all related
documents related to the assets including information respecting insurance claims.
The Commission will be under no obligation to assume assets deemed, at its
discretion, to not be in suitable condition for transfer or to not be required to meet the
future operational requirements of the Commission. The schedule of assets,
specifically the asset count and with the corresponding cost to be transferred by
each municipality is included as Schedule A to this document.
4)Any ongoing or in-progress capital improvement or acquisition projects will remain
the responsibility of the municipality until completed and the asset transferred to
Commission only upon completion at zero cost.
5)Local municipalities will disclose any agreements entered into related to transit
operations in whole or in part, and that will extend beyond December 31, 2022.
Copies will be provided to the Region.
Personnel Transfer
6)All current full-time, part-time, and union permanent staff, employed directly and fully
in transit by local municipalities and hired prior to June 30, 2022, will transfer to the
Commission.
7)Non-unionized employees will either be directly offered a position with the new
Commission where there is anticipated to be a substantially similar role established,
or have the opportunity to apply for new roles within the Commission. Where a non-
unionized employee does not ultimately transfer to the Commission, they will remain
employees of the Municipality in accordance with the Public Sector Labour Relations
Transition Act, 1997.
8)Those employees whose full-time role with a municipality supports transit work as a
only portion of their duties (i.e. corporate support personnel not fully employed in
transit) will remain with the municipality.
9)The integration of the three existing Amalgamated Transit Unions (ATUs) will take
place in accordance with the defined provincial process as outlined under the Public
Sector Labour Relations Transition Act, 1997 and by the Ontario Labour Relations
Board.
PW 55-2021
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PW 55-2021
Appendix 3
November 25, 2021
_____________________________________________________________________
Transit Operations
10) The Commission will assume full and exclusive operational responsibility for the
delivery of transit on January 1, 2023.
11) The Commission will commit to maintain existing local service levels in each
municipality, defined as a minimum of the budgeted 2020 local service hours, for a
minimum of 7 years or unless otherwise consented to by the municipality.
12) The Commission will seek to establish a single common fare as identified in the
financial model.
13) Municipalities will support the Commission in the placement of on-road transit
infrastructure such as transit stops and shelters as required by facilitating their
location.
WEGO
14) Niagara Region or the Transit Commission will negotiate and enter into an
agreement with the Niagara Parks Commission and City of Niagara Falls such that
authority for the delivery of the WEGO transit service will remain with the Niagara
Parks Commission, in partnership with the City of Niagara Falls.
15) WEGO fleet and the WEGO transit facility will remain with the City of Niagara Falls
and not be transferred to the Commission, unless otherwise agreed to by the parties
as part of any future assumption of WEGO operations by the Commission.
16) The Niagara Parks Commission and City of Niagara Falls will continue to provide
WEGO service for those routes currently delivered by each agency.
a)Transit operators currently employed by the Niagara Parks Commission in the
delivery of WEGO service will not transfer to the Commission.
b)Transit operators currently employed by the City of Niagara Falls in the joint
delivery of Niagara Falls Transit and contracted WEGO routes will transfer to the
Commission.
c)The Commission and the City of Niagara Falls will enter into a service
agreement, on the basis of an hourly fee, for the provision of operators to deliver
the continued contracted City of Niagara Falls WEGO routes.
Transitional Period
17) A transitional ‘steady-state’ period will commence on July 1, 2022, beyond which
municipalities will commit to make no additional operational, capital, or personnel
changes beyond those previously budgeted, unless otherwise agreed to by the
Commission, acting reasonably. This will include:
PW 55-2021
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a)The continued delivery of transit operations through December 31, 2022,
including the maintenance of service levels in place as of June 30, 2022;
b)The assumption of additional or unplanned capital expenditures;
c)The undertaking of additional debt unless otherwise agreed to and may be
subject to a different Municipal allocation than outlined in the Financial Strategy;
d)The onboarding of additional non-union or unionized staff; and
e)Continued adherence to asset management plans and the state-of-good repair of
assets to be transferred to the Commission.
18)Assets, personnel, or debt acquired, on-boarded, or assumed by a municipality
during this transition period will not transfer to the Commission, unless otherwise
agreed to by the parties and the Region of Niagara.
Budgets
19) The transit budget associated with the transfer of local operating costs to the
Region’s twelve special levy model may be offset by equal and concurrent
reductions to local Municipal budgets and levies to minimize the residential taxpayer
impact from transit consolidation where possible.
20) Previously approved intergovernmental funding allocations for capital improvements
related to transit will continue to be directed to the identified approved projects and
initiatives within the original receiving municipality, until such time as the funding
program commitments are satisfactorily met. . This includes any obligation
referenced in paragraph 4.
21) Debt previously undertaken by municipalities to fund the purchase of transit assets
will transfer to the Commission in accordance with Schedule B to this document.
22) Any financial assets or liabilities at December 31, 2022 will be accrued by the
municipality in accordance with Public Sector Accounting Standards, and other than
reserves and debt will remain the responsibility of the municipality at transition.
23) The assumption of any costs, operating contracts and debt by the Commission as at
the transition date are subject to audit by the Region at the Region’s discretion to
confirm compliance with transition terms and obligations assumed by the
Commission as at January 1, 2023.
24) Municipalities will be responsible to maintain and fund all 2022 operating costs from
their 2022 transit operating budgets, inclusive of staff costs, until the Commission
establishes its first budget in 2023.
PW 55-2021
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25) Municipalities will provide an accurate record of claims history for a period of five (5)
years before June, 2022 to assist the Commission in obtaining liability insurance
coverage.
Commission Governance
26) The Commission must undertake a full governance review by an external third party
and report back to Regional Council for decision by 2025. The implementation of the
future permanent Board structure will coincide with the 2026 municipal election.
27) The Commission will obtain Officers and Director’s and all other insurance coverage
as soon as it is established.
28) The Commission will obtain Officers and Director’s and commercial general liability
insurance coverage as soon as it is established and all other insurance coverage
required for the operation of a transit commission before January 1, 2023. The
Commission is authorized to obtain competitive bids by reaching out to the insurers
that currently provide coverage to the existing transit operations instead of issuing a
Request for Proposals.
29) The Commission will appoint a General Manager to oversee the transition and who
will report to the Commission Board.
Existing Agreements and Documentation
30) Existing agreements between municipal transit agencies and senior levels of
government or third-party suppliers or contractors will transfer or be assigned
subject to the provision of paragraph 22, to the Commission, subject to the specific
requirements of those contracts. Where agreements cannot be assigned or
transferred to the Commission, the originating municipality will retain responsibility,
subject to adjustment at a later date.
31) Responsibility for existing legal claims or legal liabilities, or those initiated or founded
in allegations related to the operations by the municipalities prior to the transfer of
operational responsibility to the Commission on January 1, 2023 will remain with the
municipalities.
32) Municipalities will provide and transfer applicable documentation, operating
procedures, maintenance records, employee records or other materials necessary
for the transition to the Commission.
Negotiation of Agreements and Dispute Resolution
33) The parties commit to the negotiation of the full municipal transfer agreements by no
later than March 31, 2022.
PW 55-2021
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November 25, 2021
5
Page 331 of 361
34) Where direct discussion between the Region and municipalities does not
satisfactorily resolve any issues, an independent mediator and/or arbitrator will be
required to provide dispute resolution services, including binding decisions where
agreement cannot be otherwise achieved between the parties. Costs for mediation
or arbitration will be split between the Region and municipality.
Schedules
Schedule A – Municipal Assets for Transfer
Schedule B – Municipal Debt for Transfer
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Schedule A – Municipal Assets for Transfer
Schedule A and B to this term sheet reflect current estimates - asset inventories and debt to be assumed by the
Commission will be updated and finalized as part of the completion of the full Municipal Transfer Agreements.
Asset Category
Vehicle Count
(Conventional
&
Specialized)
Acquisition Price Accumulated
Amortization Current Net Book Value Useful Life
Niagara Region
Bus 30 $14,245,039 $2,267,951 $11,977,088 10
St. Catharines
Bus 91 $46,362,278 $26,987,076 $19,375,202 12
Service Trucks 20 $1,420,081 $892,997 $527,084 6
Land* $1,182,244 $712,282 $469,962 16
Facilities $11,475,701 $3,987,557 $7,488,144 22
Equipment $5,136,651 $2,791,006 $2,345,645 13
Technology $6,524,206 $3,529,598 $2,994,608 7
Sub-Total $72,101,162 $38,900,517 $33,200,645
Niagara Falls
Bus 47 $24,135,770 $15,423,652 $8,712,118 12
Service Trucks 11 $364,599 $261,191 $103,408 6
Land* $2,202,049 $498,047 $1,696,315 32
Facilities $21,832,585 $3,724,925 $18,107,660 24
Equipment $2,946,597 $1,808,621 $1,137,976 13
Technology $5,445,750 $3,661,905 $1,783,845 7
Sub-Total $56,927,350 $25,378,341 $31,541,321
PW 55-2021
Appendix 3
November 25, 2021
7Page 333 of 361
Asset Category
Vehicle Count
(Conventional
&
Specialized)
Acquisition Price Accumulated
Amortization Current Net Book Value Useful Life
Welland
Bus 22 $7,438,333 $2,563,944 $4,874,389 12
Service Trucks 7 $239,417 $181,198 $58,220 6
Land* - - - 0
Facilities $4,329,238 $2,089,308 $2,239,930 21
Equipment $990,578 $492,992 $497,586 6
Technology $1,317,243 $532,850 $784,393 7
Sub-Total $14,314,809 $5,860,291 $8,454,518
* In accordance with the principles outlined above, land will not transfer to the Commission and will remain with the original municipality.
PW 55-2021
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November 25, 2021
8Page 334 of 361
_____________________________________________________________________
Schedule B – Municipal Debt for Transfer
Balances as of December 31st, 2020*
Debt year
ending
Average Annual
Debt Payment** Long Term Debt By-law
Reference
Niagara Region Transit 2029 $1,334,694 $10,752,991 2019-59
St. Catharines Transit 2024/ 2027 $73,824 $481,635 2017-53, 2019-
59
Niagara Falls Transit $0 $0
Welland Transit 2029 $146,108 $1,171,493 2012-73, 2017-
51, 2019-14
Niagara-on-the-Lake
Port Colborne
Pelham
Thorold
Fort Erie
Grimsby
Lincoln
West Lincoln
Wainfleet
$2,019,804 $17,803,923
*Final debt figures for transfer will be established as part of the negotiation of the full Municipal Transfer
Agreements. The Region will not be required to transfer any debt above those totals identified in
Schedule ‘B’ above unless otherwise agreed to and may be subject to a different Municipal allocation
than outlined in the Financial Strategy.
**Includes principal and interest
PW 55-2021
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November 25, 2021
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Prepared for the Regional Municipality of Niagara
(to be shared with Regional CAOs)
by Rae Christen Jeffries LLP
Privileged and Confidential
Regional Transit Integration: Labour Relations and Employment Processes and Implications
Overview
You have asked us to provide a high level overview of how the amalgamation of three existing transit
operations into one new entity might take place from a labour and employment perspective and to also
highlight any potential issues, risks, or concerns.
We have had a chance to review the relevant law, legislation, and predecessor collective agreements but
have not been provided with any employment contracts for review.
This overview is provided for the Regional Municipality of Niagara. We recommend that each of the
existing transit units obtain individual legal advice regarding many of the issues raised below.
Factual Background
St. Catharines Transit Commission, Niagara Falls Transit, and Welland Transit are the three main transit
units in the Niagara Region. St. Catharines Transit Commission is a stand alone entity and Niagara Falls
Transit and Welland Transit are departments in their respective municipalities.
The Region is considering amalgamating these three entities, in addition to inclusion of the remaining nine
municipalities without established unionized transit services, into one new Transit Commission.
Each of the three entities has unionized and non-union employees. The unionized employees at each
entity are represented by three separate locals of the Amalgamated Transit Union (“ATU”), under three
separate collective agreements, each with different terms and conditions of employment. St. Catharines
Transit Commission is the largest entity, with more employees than the other two entities combined.
Each of the three collective agreements contemplates amalgamations, mergers, and/or successor rights.
That said, these clauses add very little in terms of new obligations (on top of any obligations arising from
statute and the common law). One requires 30 days’ notice; one requires that the predecessor employer
make every reasonable effort to protect the interests of the bargaining unit employees. In general, the
clauses reiterate the state of the law: that the new Transit Commission must recognize the predecessor
collective agreements and the ATU’s bargaining rights.
Lastly, we understand that the WEGO service will stay with Niagara Falls Transit, with the operators either
maintaining their employment with Niagara Falls Transit or having their employment transferred to the
new Transit Commission but still working on the WEGO service.
The Amalgamation Itself: How Does it Occur from An Employment/Labour Relations Perspective
The new Transit Commission will need to pick an Amalgamation Date that will serve as the start date for
the employees who are offered employment at the new Transit Commission.
PW 55-2021
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November 25, 2021
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Non-Union Employees
Non-union positions at the new Transit Commission may be filled with new external hires or with
employees from the predecessor entities, or a combination of both. This can be determined through job
competitions involving only external candidates, only predecessor entity candidates, or a combination of
both. Or, the new Transit Commission can simply appoint/make an offer to an existing predecessor entity
employee without a competition.
Typically, the majority of non-union employees in the new Transit Commission would come from the ranks
of the predecessor entities in order to maintain knowledge transfer and to reduce severance costs, but
there is no legal requirement for the new Transit Commission to retain any non-union employee.
Non-union employees from the predecessor entities who are offered employment at the new Transit
Commission (either following a competition or without one) should be given two letters simultaneously,
ideally at least eight weeks prior to the Amalgamation Date: the first letter is from their existing employer
terminating their employment as of the Amalgamation Date, and it should refer to and enclose a second
letter from the new Transit Commission offering employment as of the Amalgamation Date. The second
letter should indicate the new job title (if any), any changes in terms and conditions of employment, and
how the prior employment at the transit unit will be treated at the new Transit Commission for the
purpose of various entitlements such as vacation and future termination of employment. This second
letter may also include transitional information regarding issues such as pension, vacation, lieu time etc.
Employees from the predecessor entities should be given significant time (at least two weeks) to accept
or reject this offer of employment in writing. Those who reject the offer of employment will be the
responsibility of the relevant existing transit unit (unless otherwise agreed), but it likely can be successfully
argued that they have failed to mitigate their damages and their entitlement is limited to their
Employment Standards Act, 2000 (“ESA”) entitlements (this may be affected by any applicable language
in any employment contract). Most employees tend to accept offers of this nature as long as the employee
is provided with substantially the same terms and conditions of employment.
Some non-union employees from the predecessor entities may not be offered employment with the new
Transit Commission. The termination of employment or reassignment of these employees would be the
responsibility of the existing transit unit (unless otherwise agreed) and their entitlements would depend
on any applicable contractual language and/or the common law.
Unionized Employees
As a basic principle, the new Transit Commission will inherit the existing Union(s) and collective
agreements of the predecessor entities. While it need not retain all the unionized employees if it needs
fewer employees than the combined existing complement (employees could be, for example, laid off by
the predecessor entities prior to the amalgamation), it will be required to fill its complement of unionized
employees with the existing unionized employees (i.e. it cannot hire externally for unionized positions
unless it has already inherited all the existing unionized employees).
As soon as possible prior to the Amalgamation Date, the employees and the ATU Locals should be
informed in writing of the Amalgamation Date and that the employment of the unionized employees who
PW 55-2021
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November 25, 2021
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are employed with the predecessor entity on the Amalgamation date will be transferred to the new
Transit Commission. In order to avoid or narrow potential litigation either at arbitration or the Ontario
Labour Relations Board (“OLRB”) (likely under the Public Sector Labour Relations Transition Act, 1997
(“PSLRTA”), negotiations should commence as soon as possible with the ATU Locals regarding:
• Whether all the employees will transfer and, if not, what options will be provided to any non-
transferring employees.
• What the appropriate bargaining unit will be (the new Transit Commission should take the
position that all employees should be in one bargaining unit, but the details at the edges of that
unit will require negotiation).
• Who will represent the employees in the new bargaining unit (presumably one of the existing ATU
Locals).
• What the terms and conditions of employment will be in the short term, prior to the negotiation
of a new collective agreement (the collective agreements flow through, but items such as the
grievance procedure and layoffs/recall are typically immediately harmonized – the parties could
agree to something like the Composite Agreement that exists under the PSLRTA).
• Any immediate transition issues such as treatment of seniority.
In a situation such as this, where there is one Union (albeit with multiple Locals), it is possible (and perhaps
even likely) that all of the above could be negotiated without the need for any litigation or OLRB
application. However, if such negotiations are not fully successful, one of the Local Unions or the new
Transit Commission could make an Application to the OLRB to resolve outstanding issues.
Primary Issues, Risks, Costs, Concerns
1. Timing: There are potentially significant cost savings and labour relations goodwill to be gained
by providing significant notice of the Amalgamation Date to the employees and the Unions. Two
months would be a minimum (to deal with ESA notice issues), but up to 12 months would be ideal
in order to allow time for discussions/negotiations to narrow issues in dispute and make the
transition as seamless as possible.
2. Logistics: There are many different logistical issues related to the new Transit Commission
obtaining employees that will have to be considered and planned for, so they are in place by the
Amalgamation Date, including but not limited to, setting up payroll, benefits, and pension,
training, assignment of work, determining reporting structures, etc.
3. Terminations of Employment (non-union): Each non-union employee from a predecessor entity
who is not offered employment will be entitled to pay in lieu of notice either at common law or
in accordance with an employment contract (if valid).
4. Layoffs (unionized employees): Each unionized employee who is not offered employment will
need to be laid off in accordance with the terms of the applicable collective agreement.
5. Recognition of Service/Seniority: For both union and non-union employees, there are costs
associated with prior service whether they be ongoing (vacation) or potential (future
termination).
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6. Reconciling Seniority (unionized employees): There will be three separate seniority lists that need
to be amalgamated.
7. Reconciling/Harmonizing Terms and Conditions of Employment (unionized employees): There will
be three different wage grids, vacation entitlements, public holiday entitlements, benefits,
pension, etc. All of this will need to be reconciled in a first post-transition collective agreement.
This will potentially be costly.
8. WEGO: The exact nature of the arrangement regarding WEGO should be determined as soon as
possible as it could result in complications regarding the status of the Niagara Falls Transit
collective agreement and the employees operating the WEGO service.
9. Litigation: There may be litigation (arbitration or OLRB, or both) regarding any of the above union
issues if they cannot be all agreed upon. For the non-union employees, there could be litigation
over any of the terminations of employment.
October 5, 2021.
PW 55-2021
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November 25, 2021
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…/2
February 3, 2022
Ann-Marie Norio
Regional Clerk
Niagara Region
1815 Sir Isaac Brock Way
P.O. Box 1042
Thorold, ON L2V 4T7
Sent via email: Ann-Marie.Norio@niagararegion.ca
Re: Acts of Violence, Harassment and Intimidation against Elected Officials and
Government Employees
Our File 35.2.2
Dear Ms. Norio,
At its meeting held on January 31, 2022, St. Catharines City Council approved the following
motion:
WHEREAS violent attacks, online harassment and physical intimidation of
politicians and government employees is on the rise, and is something we have
witnessed first-hand in our community; and
WHEREAS we, as St. Catharines City Council, condemn the latest violent act
against Councillor Porter and her family, and want our community to know that such
acts are unacceptable and will not be tolerated within our community; and
WHEREAS everyone should be free from harassment in their workplaces and their
homes;
THEREFORE BE IT RESOLVED that we, as St. Catharines City Council, call on
Niagara Regional Council and all Lower Area Municipalities in Niagara, to add their
support to condemning these acts of violence, harassment and intimidation against
elected officials and government employees; and
BE IT FURTHER RESOLVED that we endorse the work currently being done by the
Federation of Canadian Municipalities (FCM) with the express intention to end
harassment against politicians, as well as the FCM’s commitment toward gender
parity in Canadian politics; and
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…/2
Page 2
BE IT FURTHER RESOLVED that we endorse the continued work by the
Association of Municipalities of Ontario with its “We All Win” campaign, which
aims to encourage the upcoming 2022 municipal elections include a variety of
candidates of different genders, ethnicities, sexual orientation, ages, races and
abilities.
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: Local area municipalities
Federation of Canadian Municipalities
Association of Municipalities of Ontario
Brian York, Director, Economic Development and Government Relations
Melissa Wenzler, Government Relations Advisor
Scott Rosts, Chief of Staff, Mayor’s Office
Page 344 of 361
M ULTI-MUNICIPAL WIND TURBINE WORKING GROUP
TOM ALLWOOD, COUNCILLOR, GREY HIGHLANDS, CHAIR
STEVE ADAMS, COUNCILLOR, BROCKTON, VICE-CHAIR
1925 BRUCE ROAD 10, BOX 70, CHESLEY, ON NOG 1L0
519-363-3039 FAX: 519-363-2203 deputyclerk@arran-elderslie.ca
February 4, 2022
Greetings Members of Council,
As Municipal Leaders, we are mandated by the Municipal Act, 2001, as amended to
provide measures necessary for the health, safety and well-being of citizens within our
jurisdiction. The Multi-Municipal Wind Turbine Working Group (MMWTWG) collectively
addresses concerns that are raised in relation to the various wind turbine projects
across the province.
The list of concerns and implications is continually growing and many citizens are
completely unaware of the effects, both short and long term that wind turbines pose.
To provide some context to the complex matters that the MMWTWG continues to work
to resolve, some principal issues are provided.
1. Public Safety
Setbacks for tower collapse are insufficient. The current blade length plus 10
metres requirement is not a strong enough protective measure. Ontario has
seen collapses of GE Turbine at Raleigh and Vestas Turbine at Bow Lake.
Public database details at least 95 collapses worldwide, including Enercon,
Siemens, Nordex, and others. Bow Lake turbines were also permitted to
restart by regulator without any public release of information of recent failure.
Setbacks for blade failures are insufficient. The current blade length plus 10
metres requirement is not a strong enough protective measure. Ontario has
seen debris at 560 metres with 51-metre setback, with failures from GE,
Vestas, Suzlon/Repower. Regulator did inadequate safety review of post
commissioning installation of “power cone” at Skyway 8 and is permitting
turbine restart without public investigation into impact of failure on tower
integrity.
Setbacks for ice throw are also insufficient, as the blade length plus 10 metre
setback is less than the ice throw distance witnessed in Ontario.
Fire hazard – Ontario has witnessed turbine fire and flaming debris on the
ground at 200 metres, while setback was 50 metres. Ministry review failed to
recommend industry standard protective barriers for fire suppression in spite
of examples of fires in similar turbines.
Landholder leases give no setback protection for vulnerable citizens (children
and other family members of lease holder, employees, couriers, etc.)
Page 345 of 361
2. Health Impacts
Sleep deprivation – most common identified irritant.
Stress – identified link from irritants to cardio vascular events.
Unexplained cardiac events, diabetic events
Cyclical noise (major irritant) not assessed by Ontario Compliance Protocol.
Tonality (irritant at some projects) not adequately assessed by standards.
Dominant, irritating, turbine noise signature dwarfs rural noise environment.
Loss of enjoyment of property, contrary to Environmental Protection Act.
3. Municipal Finances
Tax base – Assessment of multi-million-dollar turbines capped at under $50k per
MW, adversely impacts tax base. Similar to unpermitted “bonusing” by
permitting low taxation. Impacts ability to build on adjoining properties.
Community impact grants – associated “gag-clauses” deny transparency.
Impact on roadways – large component delivery cause damages to roads.
Upcoming impact on landfill – Component End of Life – blades not recyclable.
Decommissioning costs – no guarantee of cost coverage at many sites.
4. Community Cohesiveness
Rural neighbourhood – acrimony prevents neighbours working together, those
profiting often not those who suffer impacts
5. Energy Supply Stability
Mismatch to consumer demand, turbine output falls as consumer load increases
in morning, but rises as consumer load falls in the evening
Seasonal mismatch a big concern as turbine output poorest when consumer
demand is highest in summer air conditioning season, and in winter heating
season, yet turbine output is highest when consumer demand is lowest in spring
and fall
Requires construction of backup generation, that must price output highly as
only operated intermittently.
6. Consumer Energy Cost
First access to grid costs – force less costly generation off the grid. Ontario
energy transitioned from least costly to most expensive in North America.
Costs of required storage options will increase costs even further.
Lowered electrical system reliability due to uncontrollable factors (weather).
7. Lack of response from responsible Ministry to complaints and professional input
Inconsistent Ministry response to complaints from impacted citizens
Lack of Ministry response to professional input – no disposition of items, just
neglect.
Page 346 of 361
8. Lack of Respect of Impacted Citizens
Ministry failed to investigate the majority of complaints, took no action to
correct, contrary to Renewable Energy Approvals regulations.
This Working Group shares municipal advice on by-laws, road use agreements, fire
suppression requirements and other considerations that need to be considered before
dealing with wind developers. We are striving to support municipalities and citizens
and to become aware of issues and possible remedies regarding industrial wind
turbines before it is too late to take proactive actions.
Our Working Group is currently comprised of municipalities from the Counties of Bruce,
Grey, Huron and Niagara Region, but the issue of wind turbines is wider. By working
together, can we share knowledge and provide a collective municipal response to
protect our citizens. As a Working Group, it has given us the opportunity to invite
participation at our meetings by Provincial MPPs and Ministry of the Environment
Officials, and to hear technical and municipal planning presentations related to the
subject.
The MMWTWG annual fee is set at the beginning of each year. This fee is used to
cover the cost of a Recording Secretary, miscellaneous costs for preparation and
circulation of materials as well as any fees related to space rentals for meetings. A
small surplus is maintained for donation to a defence fund in case any municipal
bylaw might be challenged by a developer. The yearly fee is paid to the "Municipality
of Arran-Elderslie"; and sent directly to the Municipal Office c/o Clerk.
During 2021, the annual fees were waived as we navigated our way through the
pandemic. We have resumed meeting in a “virtual” platform and anticipate this new
format will continue in the future. This allows for participation across the province
providing the convenience to join from wherever you are. The Working Group meets
on the second Thursday of each month. Agendas and other materials are circulated
to the Members by email as well as to the Clerk’s of the Member Municipality’s. Each
member Municipality may appoint by resolution of Council, two (2) Working Group
Members, one (1) Alternate Member and one (1) Citizen to provide additional
expertise or information to the discussion. A copy of the Working Group Terms of
Reference and Procedural Bylaw can be provided upon request.
Our annual fees our not due until June 1, 2022. At this time, we would like to extend
this invitation to Members of your Council to participate in the Multi-Municipal Wind
Turbine Working Group meetings to better understand the work that we do and the
matters we stand for.
Our next meeting is scheduled for Thursday, February 10, 2022 at 7pm via Zoom.
Page 347 of 361
Please contact our Recording Secretary to obtain a copy of the agenda as well as
the Zoom link for the meeting.
We look forward to your participation and support of this critical matter. Size in
numbers provides a louder voice to be heard.
Warm Regards,
On behalf of the Chair, Tom Allwood
Julie Reid, Recording Secretary
Deputy Clerk
Municipality of Arran-Elderslie,
1925 Bruce Road 10, PO Box 70
Chesley, ON N0G 1L0
519-363-3039 ext. 105
deputyclerk@arran-elderslie.ca
Page 348 of 361
Niagara Falls Professional Fire
Fighters Association
Affiliated with
International Association of Fire Fighters, Local 528
Ontario Professional Fire Fighters Association
Justin Canestraro Timothy Lea
President Secretary
5815 Morrison Street Niagara Falls, Ontario, L2E 2E8 905 356 1321 ext.2239
February 3, 2022
CAO Jason Burgess; Mayor Jim Diodati; Niagara Falls City Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
Canada L2E 6X5
Via Email
Re: Special Council Meeting January 25, 2022
CAO Jason Burgess; Mayor Diodati, and members of Council,
I am writing you today with concerns regarding the 2022 Budget information that was presented during
the January 25th, 2022, Special City Council Meeting, which was posted and made public on the City of
Niagara Falls website.
The NFPFFA takes exception to the misleading information shared to highlight the overtime causes
referred to in the 2022 Budget presentation (on slide 5). Listed in this slide included PTSD, 24-hour shift
implications, and the fact that we have grieved the City of Niagara Falls’ interpretation of the September
30th National Day of Truth and Reconciliation holiday.
First and foremost, the “causes” listed for overtime costs lead the reader to believe that it is only the
Firefighters and the NFPFFA that are a direct cause of the $2 million dollars in overtime incurred by the
Fire Department in 2021. These are the same members who risk their lives daily for the residents of our
city. After watching the budget presentation several times, I can conclude that this may not have been
the intent, however this is how it would have been interpreted by most.
Two of these “causes” listed are directly related to freely negotiated and arbitrated collective
agreement issues that were in place long before 2021 and have a minor reflection on the overall
overtime costs of over $2 million dollars.
The 24-hour shift that has been adopted in our department since January 2019 has not shown any proof
of implications towards the cost of overtime. Pointing to the change in shifts we work is again
Page 349 of 361
Niagara Falls Professional Fire
Fighters Association
Affiliated with
International Association of Fire Fighters, Local 528
Ontario Professional Fire Fighters Association
Justin Canestraro Timothy Lea
President Secretary
5815 Morrison Street Niagara Falls, Ontario, L2E 2E8 905 356 1321 ext.2239
misleading to those who read this public document. Our 24-hour shift Committee has not been made
aware of any cost implications from the City by moving to a 24-hour shift schedule from our previous
work schedule.
Regarding the point listed about the NFPFFA grieving the “September 30 th floater treatment”, this item
is an active grievance. The language regarding Statutory Holidays has been embedded in the collective
agreement for over 20 years. The Federal Government declared September 30 th National Day for Truth
and Reconciliation, a holiday. This language portrays the NFPFFA as a direct cause of excessive overtime
due to our responsibility to uphold the collective agreement negotiated with the City of Niagara Falls.
We understand the need to report the bottom line for the budget, but again this is misleading as a
major contributor to overtime costs.
PTSI, formally known as PTSD, is a very serious issue that Firefighters are faced with every day of their
lives. This recognized injury can take its toll in many ways, depending on the severity and the person it
affects. There is no doubt that Firefighters who are off work due to a work-related injury (including PTSI)
could cause a rise in overtime costs. However, what should be highlighted regarding this issue is an
attempt to do more for our firefighters to prevent these types of “mental injuries”. Our current EAP
program is not sufficient for first responders and their needs. Our Association would be willing to work
with fire management and senior staff to address this concern.
I would ask that these points be removed from the presentation which is still available for the public on
the City of Niagara Falls website because the sensitivity and confidentiality of some points may lead to
undue hardship for some of our members and could mislead the citizens of our city.
We have endured some very strenuous times in our department over the last two years, with COVID
being at the top of the list. Members getting sick, staying home sick, and having to self-isolate, has had a
significant impact. Furthermore, we have been understaffed for up to 13 months due to the hiring
model adopted to adequately staff Fire Station #7. These two points can answer a considerable portion
of your questions regarding why the overtime time costs were over-budget in 2021.
In addition, I would also like to take the opportunity to thank you for the adoption of the “pilot project”
referring to the hiring of 2 additional firefighters to our complement. This will no doubt have a positive
impact on our department and the taxpayers going forward.
Page 350 of 361
Niagara Falls Professional Fire
Fighters Association
Affiliated with
International Association of Fire Fighters, Local 528
Ontario Professional Fire Fighters Association
Justin Canestraro Timothy Lea
President Secretary
5815 Morrison Street Niagara Falls, Ontario, L2E 2E8 905 356 1321 ext.2239
As always, the NFPFFA Executive team is always available and willing to discuss any issues with the City’s
senior staff. We are here to provide clarity and share our perspectives on issues that are important to us
as employees and citizens of this city. Please don’t hesitate to reach out to me with any questions or
concerns moving forward. A healthy dialogue can often lead to common ground and understanding by
both parties.
Sincerely,
Justin Canestraro
Cc: Trent Dark, Director of Human Resources
Jo Zambito, Fire Chief
NFPFFA Executive Board
Page 351 of 361
NOTICE OF MOTION:
WHERE AS the current notification process under the Planning Act for Official Plan
amendments, Zoning By-law amendments, Plan of Subdivisions/Condominiums under
Section 22, Section 34, and Section 51 respectively is to circulate by personal service or
ordinary mail, to every owner of land within 120 metres of the subject land; to post a
sign on the property; or to publish a notice in the newspaper.
AND WHERE AS the current/historical process in the City of Niagara Falls is to circulate
by personal service or ordinary mail, to every owner of land within 120 metres of the
subject land; to post a sign on the property; to publish a notice in the newspaper; and to
post notices on the city’s webpage.
AND WHERE AS that the majority of residents do not subscribe to newspapers nor
access the city’s webpage and consequently do not see the notifications;
AND WHERE AS the City of Niagara Falls residents can be impacted by changes to the
Official Plan;
Now therefore it be resolved,
THAT In order to be transparent and fair to the residents of the City of Niagara Falls,
Council consider increasing the current notification distance for personal service or
ordinary mail under The Planning Act to capture those residents who live close to, but
further than 120m, to the properties going through changes to the City’s Official plan,
Zoning By-law or proposals for Draft Plan Subdivision/Condominium.
THAT the City of Niagara Falls Council, direct Planning staff to prepare a
recommendation report that examines the advantages and disadvantages of an
increased circulation buffer for all Official Plan amendments, Zoning By-law
amendments and Draft Plans of Subdivision/Condominiums including but not limited to
cost impacts and cost recovery options and the required process to modify the buffer
beyond the current Planning Act requirements.
Page 352 of 361
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 - xx
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, Pedestrian
Crossovers, Parking Prohibited, Stopping Prohibited,
Through Highways)
---------------------------------------------------------------
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 item s:
STOP SIGNS AT INTERSECTIONS
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
Orlando Drive &t Keith Street Northbound on Orlando Drive
Tampa Court & Orlando Drive Westbound on Tampa Court
Panama Court & Orlando Drive Southbound on Panama Court
Maple Street & Sixth Avenue Westbound on Maple Street
Maple Street & Sixth Avenue Eastbound on Maple Street
Maple Street & Sixth Avenue Northbound on Sixth Avenue
Maple Street & Sixth Avenue Southbound on Sixth Avenue
Page 353 of 361
(b) by adding to the specified columns of Schedule AB thereto the following item:
PEDESTRIAN CROSSOVERS
COLUMN 1 COLUMN 2
HIGHWAY LOCATION
Morden Drive 43 metres east of Kingston Avenue
(c) by removing from 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
Morden Dr. North Stanley Ave. and Law Ave. At All Times
(d) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Morden Drive North A point 75 m east of Kingston Avenue At All Times
and Stanley Avenue
Morden Drive North A point 25 m east of Kingston Avenue At All Times
and Law Avenue
(e) 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
Morden Drive South Kingston Avenue and At All Times
a point 60 m east of Kingston Avenue
Morden Drive North a point 25 m east of Kingston Avenue and At All Times
a point 75 m east of Kingston Avenue
Page 354 of 361
(f) by removing from specified columns of Schedule N thereto the following item:
THROUGH HIGHWAYS
COLUMN 1 COLUMN 2
HIGHWAY BETWEEN
Maple St. West limit of Fourth Ave. and the east limit of Homewood Ave.
(g) by adding to specified columns of Schedule N thereto the following items:
THROUGH HIGHWAYS
COLUMN 1 COLUMN 2
HIGHWAY BETWEEN
Maple Street West limit of Fourth Ave. and the east limit of Sixth Ave.
Maple Street West limit of Sixth Ave. and the east limit of Homewood Ave.
This By-law shall come into force when the appropriate signs are installed.
Passed this eighth day of February, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: February 08, 2022
Second Reading: February 08, 2022
Third Reading: February 08, 2022
Page 355 of 361
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 - XX
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Stopping Prohibited, Stop Signs at
Intersections)
---------------------------------------------------------------
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 A thereto the following item:
STOPPING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Parkside Road Both McLeod Road & Majestic Trail / Marvel Drive At All Times
Page 356 of 361
(b) adding to the specified columns of Schedule P thereto the following items:
STOP SIGNS AT INTERSECTIONS
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
Butternut Boulevard & Splendour Drive Northbound on Butternut Boulevard
McLeod Road & Parkside Road Northbound on Parkside Road
Majestic Trail & Parkside Road (North Intersection) Eastbound on Majestic Trail
Majestic Trail & Parkside Road (South Intersection) Eastbound on Majestic Trail
Marvel Drive & Parkside Road Westbound on Marvel Drive
Marvel Drive & Splendour Drive (North Intersection) Westbound on Splendour Drive
Marvel Drive & Splendour Drive (South Intersection) Eastbound on Marvel Drive
Sheldon Street & Linwood Crescent Southbound on Linwood Crescent
Sheldon Street & Fernwood Crescent Southbound on Fernwood Crescent
Sheldon Street & Pattern Crescent Southbound on Pattern Crescent
Leeming Street & Woodland Boulevard Westbound on Leeming Street
This By-law shall come into force when the appropriate signs are installed.
Passed this eighth day of February, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: February 8, 2022
Second Reading: February 8, 2022
Third Reading: February 8, 2022
Page 357 of 361
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to designate Blocks 112, 113 & 114, Registered Plan 59M-484, not to be subject
to part-lot control (PLC-2022-001).
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the
council of a local municipality may by by-law designate lands that would otherwise be
subject to part-lot control, not be subject to such part-lot control;
AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act
to be approved by the appropriate approval authority, that being the Regional Municipality
of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the
City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97;
AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law
No. 2019-003 to permit on-street townhouse dwellings;
AND WHEREAS the owner of the said lands proposes to divide Block 112 into 7 parcels,
Block 113 into 8 parcels and Block 114 into 8 parcels, to be sold separately;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it
expedient to designate that the said lands not be subject to part-lot control.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 112,
113 & 114, Registered Plan 59M-484, in the City of Niagara Falls, in the Regional
Municipality of Niagara.
2. This by-law shall remain in full force and effect for two years from the date of
passage of this by-law, after which time this by-law shall expire and be deemed to
be repealed and of no effect.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 8th day of February, 2022.
........................................................... .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 358 of 361
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 . By-law No. 2002-081 is amended by deleting Schedule “C” and that Schedule “C”
attached hereto shall be inserted in lieu thereof.
2. That By-law 2022-03 be hereby repealed.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 8th day of February, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 359 of 361
SCHEDULE “C”
1. Parking By-law Enforcement Officers:
Paul Brown
Marianne Catherwood
Bill Crowder
Harold Colpitts
Jesse de Smit
Stew Frerotte
John Garvie
Douglas Goodings
Cathy Hanson
Mercedes MacMillan
Marcella Monte
Ashley Piercey
Liam Raymond
Philip Rudachuk
Morgan Sereeira
Thomas Tavender
Page 360 of 361
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the
8th day of February, 2022.
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 8th day of February, 2022
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 8th day of February, 2022.
.............................................................. .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 361 of 361