05-31-2022
AGENDA
City Council Meeting
4:00 PM -Tuesday, May 31, 2022
Council Chambers/Zoom App.
Due to the COVID-19, all electronic
meetings can be viewed on this page, the
City of Niagara Falls YouTube channel, the
City of Niagara Falls Facebook page, along
with YourTV Niagara.
Page
1. CALL TO ORDER
O Canada: Performed by: Sandy Bird
Land Acknowledgement and Traditional Indigenous Meeting Opening
2. ADOPTION OF MINUTES
2.1. Council Minutes of May 10, 2022
Minutes - City Council - 10 May 2022 - Pdf
14 - 33
3. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
5. DEPUTATIONS / PRESENTATIONS
5.1. Accessibility Advisory Committee - Honouring Mr. Ian
Greaves and Proclamation Request
Bob Romanuk, Niagara Falls Accessibility Advisory Committee
Chair, will recognize Mr. Ian Greaves, long serving member (25
years) of the committee, whom has recently passed.
34
Page 1 of 292
Further, Mr. Romanuk is seeking approval from Council to proclaim
the week of May 29th to June 4th, 2022 as "National Access
Awareness Week" in the City of Niagara Falls.
Proclamation Request - National Access Awareness Week 2022
5.2. Park in the City Presentation - 50 by 30 Niagara Climate Action
Team
Herb Sawatsky, who represents the 50 by 30 Niagara Climate
Action Team is requesting an opportunity to conduct a presentation
to Council.
Presentation-Niagara Falls City Council - 2022.05.31
50by30 Niagara Climate Change Action Plan
35 - 44
5.3. 2022 Hockey Canada Foundation Gala & Golf
Darryl Dionne, Director of Communications & Business
Development for the Professional Hockey Players' Association, is
wishing to speak to Council to promote the upcoming event being
hosted in Niagara Falls on Thursday, June 23rd and Friday, June
24, 2022. Darryl will be joined by Marcel Dionne.
Larry Landon Letter to City Council 5-27-22
45 - 46
6. PLANNING MATTERS
6.1. PBD-
PBD-2022-42 (Comments added)
AM-2022-006, 26CD-11-2022-001, 26CD-11-2022-002, and
26CD-11-2022-003
Zoning By-law Amendment, Phased Standard Plan of
Condominium, and Standard Plan of Condominiums
6705 Cropp Street, 4735, and 4737 Pettit Avenue
Applicant: Winzen Niagara Homes Ltd. (Raymond Zenkovich)
Agent: Upper Canada Consultants (William Heikoop)
Recommendations:
1. That Council approve the Zoning By-law amendment
application to rezone the land to three separate site-specific
Residential Apartment 5D (R5D) zones to facilitate the three
standard plans of condominium (two standard and one
phased), subject to the regulations outlined in this report;
47 - 90
Page 2 of 292
2. That the Standard Plan of Condominiums be draft approved
subject to the conditions in Appendix A;
3. That the Mayor or designate be authorized to sign the draft
plan as “approved” 20 days after notice of Council’s decision
has been given as required by the Planning Act, provided no
appeals of the decision have been lodged;
4. That draft approval be given for three years, after which
approval will lapse unless an extension is requested by the
developer and granted by Council; and,
5. That the Mayor and City Clerk be authorized to execute the
three Condominium Agreements and any required
documents to allow for the future registration of the three
condominiums when all matters are addressed to the
satisfaction of the City Solicitor.
PBD-2022-42 - AM-2022-006, 26CD-11-2022-001, 26CD-11-2022-
002, and 26CD-11-2022-003Zoning By-law Amendment, Phased
Standard Plan of Condominium, and - Pdf
Presentation - AM-2022-006
UCC Presentation - Pettit and Cropp
Comments from residents (AM-2022-006) (Redacted)
7. REPORTS
7.1. CLK-
CLK-2022-11
Fee Waiver Applications -
-Downtown Board of Management - Heart Niagara Picnic on Q
-Project Share - Tow Your Weight
Recommendations:
That Council approve the Fee Waiver Application for:
1)Downtown Board of Management - Heart Niagara Picnic on Q -
in the amount of $242.67 for the waiving of the road closure costs
(staff and equipment).
2) Project Share - Tow your Weight for Project Share - in the
amount of $237.09 for the waiving of the floor rental at the Gale
Centre.
3) That Council acknowledge the out of budget expenditure (if
approved, the fee waiver budget would be over-budget by
$12,732.81) and to have Staff find a positive variance to help fund
this budgetary overrun.
91 - 104
Page 3 of 292
CLK-2022-11 - Fee Waiver Applications - -Downtown Board of
Management - Heart Niagara Picnic on Q-Project Share - Tow
Your Weight - Pdf
7.2. F-
F-2022-26
Corporation of the City of Niagara Falls, Ontario – Trust Funds
Financial Statements December 31, 2020
Recommendation:
That Council approve the draft trust funds financial statements for
the year ended, December 31, 2020, the 2020 draft post -audit
letter and the 2020 draft management letter.
F-2022-26 - Corporation of the City of Niagara Falls, Ontario –
Trust Funds Financial Statements December 31, 2020 - Pdf
105 - 122
7.3. MW-
MW-2022-26
Fern Park Trail and Corwin Park Trail Development 2022 -507-
20
Contract Award
Recommendations:
1. That Council award the Fern Park Trail and Corwin Park
Trail Development 2022-507-20 to the lowest compliant
bidder, D&R Landscape Group Inc. for $314,606.75 + HST.
2. That Council approve a 2022 capital budget amendment for
the Fern Park Trail Development Project (P112) in the
amount of $50,000, to be funded by the Parks Development
Charges Reserve.
3. That the Mayor and Clerk be authorized to execute the
necessary document.
MW-2022-xx - Fern Park Trail and Corwin Park Trail Development
2022-507-20Contract Award - Pdf
123 - 127
7.4. MW-
MW-2022-29
Direct Vendor Fleet Negotiations
Recommendations:
1. That Council direct the Manager of Fleet Operations and Manager
of Procurement to negotiate directly with local vendors for fleet
purchases described in this report; and further,
128 - 132
Page 4 of 292
2. That until December 31, 2022, Council delegate the authority to
the CAO to approve such purchases to secure the required
vehicles/equipment.
MW-2022-29 - Direct Vendor Fleet Negotiations - 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. CLK-
CLK-2022-12
Updates to Council's Code of Conduct
Recommendation:
That Council receive this report for information and formally direct
staff to update the City's Code of Conduct to reflect the information
contained in this report.
CLK-2022-12 - Updates to Council's Code of Conduct - Pdf
133 - 135
8.2. F-
F-2022-27
Monthly Tax Receivables Report - April
Recommendation:
That Council receive the Monthly Tax Receivables report for
information purposes.
F-2022-27 - Monthly Tax Receivables Report - April - Pdf
136 - 139
8.3. MW-
MW-2022-27
Ascot Circle - Parking Control Review
Recommendations:
1. That the existing No Parking restriction on the north side of
Ascot Circle between a point 125 metres west of Sabine
Drive (East Intersection) and a point 45 metres west of
140 - 143
Page 5 of 292
Sabine Drive (East Intersection) be extended easterly by
140 metres;
2. That a No Parking restriction be established on the south
side of Ascot Circle between a point 18 metres west of
Secretariat Court and a point 15 metres east of Secretariat
Court; and,
3. That a No Parking restriction be established on the south
side of Ascot Circle between a point 13 metres west of
Sabine Drive (East Intersection) and a point 18 metres east
of Sabine Drive (East Intersection).
MW-2022-27 - Ascot Circle - Parking Control Review - Pdf
8.4. MW-
MW-2022-28
Drummond Road between Thorold Stone Road & Cherrywood
Street – Cycling Lanes
Recommendations:
1. That the onstreet bicycle lane on the west side of
Drummond Road between Thorold Stone Road and
Cherrywood Road be designated for cyclist use only;
2. That the onstreet bicycle lane on the east side of
Drummond Road between Gallinger Street and Cherrywood
Road be designated for cyclist use only;
3. That a No Parking restriction be established on the east
side of Drummond Road between a point 40 metres south
of Crawford Street and a point 21 metres north of
Cherrywood Road;
4. That No Standing restrictions be established at transit stops
on both sides of Drummond Road between Sheldon Street
and Cherrywood Road; and,
5. That Council pass the amending by-law on tonight’s
agenda.
MW-2022-28 - Drummond Road between Thorold Stone Road &
Cherrywood Street – Cycling Lanes - Pdf
144 - 147
8.5. MW-
MW-2022-30
Single Source Procurement - Contract 2022-517-20 Reixinger
New Watermain and QEW Crossing (Stanley Avenue to
Montrose Road) Construction Services
Recommendation:
That Council AUTHORIZE staff to award a professional construction
services administration contract to Associated Engineering Ltd. in
the amount of $346,242 plus applicable taxes in support of the
148 - 151
Page 6 of 292
construction of a redundant watermain feed for the development of
the New South Niagara Hospital.
MW-2022-30 - Single Source Procurement - Contract 2022-517-20
Reixinger New Watermain and QEW Crossing (Stanley Avenue to
Montrose Road) Construction - Pdf
8.6. PBD-
PBD-2022-41
26CD-11-2019-003, Extension of Vacant Plan of Condominium
6894 Garner Road
Applicant: Kingsway Developments (6894 Garner) Inc.
Recommendation:
That Council grant a 1-year extension to draft plan approval of the
Plan of Vacant Land Condominium ending October 22, 2023.
PBD-2022-41 - 26CD-11-2019-003, Extension of Vacant Plan of
Condominium6894 Garner RoadApplicant: Kingsway
Developments (6894 Garner) Inc. - Pdf
152 - 161
8.7. CLK-
CLK-2022-10 (Report added)
Implementation of Building Drawings Disclosure Policy
Recommendations:
THAT City of Niagara Falls Council approve the attached Building
Drawings Disclosure Policy, and
THAT Council receive report CLK 2022-10 for information.
CLK-2022-10 - Implementation of Building Drawings Disclosure
Policy - Pdf
162 - 175
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 approve/support Item #9.1
through to and including Item #9.9.
Page 7 of 292
9.1. Noise By-law Exemption - Gujatari Society Niagara Inc. -
Outdoor Concert
The Gujatari Society Niagara Inc, is hosting an outdoor concert on
Saturday, July 16, 2022 at Firemen's Park and is requesting a
noise by-law exemption to allow the band to play until 10:30 PM.
Noise By-law Exemption - Gujatari Society of Niagara - Outdoor
concert
176 - 177
9.2. Proclamation Request - 230th Anniversary - Black Loyalist
exodus
A letter to the Mayor and Council is attached requesting the City of
Niagara Falls to acknowledge the 230th Anniversary of the
remarkable Black Loyalist exodus from Halifax to Freetown.
Proclamation Request -230th Anniversary - Black Loyalist exodus
178 - 181
9.3. Proclamation Request - "Never Give Up Day" - Thursday,
August 18, 2022
Attached is a request to proclaim Thursday, August 18, 2022, as
"Never Give Up Day" and invite the citizens to make this day a
springboard for awareness-raising actions.
Never Give Up Day is a global celebration day focused on
cultivating a mindset of determination.
Proclamation Request - Never Give Up Day
182 - 183
9.4. Memo - Seniors Advisory Committee - Terms of Reference
The Committee has reviewed the terms of reference and has made
some recommendations for the new term.
Clerk's Memo - Terms of Reference - Seniors Advisory Committee
184
9.5. Correspondence from United Way - Niagara - Period Poverty
Advocacy Brief
United Way is releasing a Period Poverty Advocacy Brief across
Niagara to all levels of government, local businesses and
organizations. These advocacy efforts are intended to encourage
the implementation of policies to ensure that free, equitable access
to period products is available in facilities across the community.
Email from United Way - Niagara
185 - 189
Page 8 of 292
General Motion and Backgrounder - Niagara Period Promise 2022
Period Promise Niagara Advocacy Brief 2022 - Niagara Falls
9.6. Noise By-law Exemption and Request to Waive licensing
requirements - Niagara Falls Queen Street Latin Festival
The event organizers are requesting a noise by-law exemption and
approval to waive the licensing requirements for an upcoming
event being held on Saturday, July 23, 2022 and Sunday, July 25,
2022 from 11 AM to 11 PM on Queen Street, between Crysler
Avenue and Buckley Avenue. Council is also asked to declare the
festival an "Event of Municipal Significance" in order to assist with
obtaining permits from the AGCO.
Request for Noise Exemption - Niagara Falls Queen Street Latin
Festival
Request to Waive Licensing requirements - Niagara Falls Queen
Street Latin Festival
190 - 191
9.7. Memo - Transportation
The attached memo deals with the free transit request for June
22nd, 2022 and the alternate transit routing criteria.
RECOMMENDATION: For Council's Consideration.
Clerk's Memo - Transportation
192
9.8. Noise By-law Exemption - St. George Serbian Orthodox
Church
St. George Serbian Orthodox Church is requesting an exemption
to the City's Noise By-law to be extended to 11:00 PM on the
dates specified in attached letter.
22-05-25 Request to NF for Noise By-Law Extension
193
9.9. Clifton Hill BIA - 2022 Budget Request
Attached is Clifton Hill BIA's budget request for 2022.
Clifton Hill BIA - 2022 Budget
194
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for information
Item #10.1 through to and including Item #10.4.
Page 9 of 292
10.1. Development Charges - Niagara Region
A letter from "Landscape Ontario" is attached regarding the
concerns related to development charges at the region.
LO Niagara DC ByLaw Alert 2022-05-12
195
10.2. Resolution - City of Brantford - Letter to FCM and AMO
Release of all Federal and Provincial Documents
Attached is a decision of Brantford Special City Council from its
meeting held on May 17, 2022.
Letter to FCM and AMO Release of all Federal and Provincial
Documents Re...
196 - 198
10.3. Niagara Regional Council Motion - Voluntary Russian
Sanction
Attached is a motion from the Niagara Region regarding a
Voluntary Russian Sanction Request.
CLK-C 2022-079 Voluntary Russian Sanction
199 - 200
10.4. Memo - Response to Council New Business Motion -
Environmental Concerns
Attached is a memorandum from Municipal Works along with
attachments from the Regional Council Agenda, to respond to the
new business item 16. c) from the May 10, 2022 agenda.
Memo re Bridge Victoria Env Concerns
201 - 227
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council Refer to Staff Items #11.1 and
#11.2.
11.1. Victoria Centre BIA - Request to enforce by-law - Keeping City
sidewalks clear
The VCBIA is asking the city to instruct the by law officers to
enforce the bylaw that requires business owners to keep city
property clear of any furniture that is not owned by the city for the
safe passing of pedestrians.
Email from Victoria Centre BIA
Members summer letter 2022 by law sidewalks
228 - 230
Page 10 of 292
11.2. AM-2021-019
5613, 5631-5633 Victoria Avenue
Planning Letter Regarding Parking Ratio for Walnut & Victoria
Redevelopment
Attached is a letter dated May 25, 2022 from Rocky Vacca,
Sullivan Mahoney LLP.
Letter re AM-2021-019
231 - 249
12. NOTICE OF MOTION/NEW BUSINESS
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.
13. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-law listed for Council consideration.
2022-
57.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Stopping Prohibited,
Parking Prohibited, Standing Prohibited, Designated Lanes)
May 31 - Dorchester Road - Bike Lane, Parking & Standing
250 - 252
2022-
58.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited,
Standing Prohibited, Stopping Prohibited)
May 31 - New & Removed Transit Stops - Parking, Standing, &
Stopping Restrictions
253 - 257
2022-
59.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Metered Parking
Queen St. BIA & Limited Parking)
May 31 - Queen Street - Parking Adjustments
258 - 260
Page 11 of 292
2022-
60.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited,
Standing Prohibited, Stopping Prohibited, Designated Lanes)
MW-2022-28 - Drummond Road - By-law
261 - 263
2022-
61.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for two 4 storey apartment dwellings, containing a total of
40 units (AM-2021-005).
Bylaw - AM-2021-005
Bylaw - AM-2021-005 Schedule 1
264 - 266
2022-
62.
A by-law to provide for the adoption of Amendment No. 143 to the
City of Niagara Falls Official Plan (AM-2021-023).
Bylaw - OPA 143
Bylaw - OPA 143 PART 1 Preamble
Bylaw - OPA 143 PART 2 BODY
267 - 270
2022-
63.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for an existing office building and a satellite parking lot for
four tourist commercial properties (AM-2021-023).
Bylaw - AM-2021-023
Bylaw - AM-2021-023 Schedule1
Bylaw - AM-2021-023 Schedule2
271 - 276
2022-
64.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for 8 on-street and 22 block townhouse dwellings (AM-
2021-024).
Bylaw - AM-2021-024
Bylaw - AM-2021-024 schedule 1
277 - 279
2022-
65.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for 4 semi-detached dwellings units and 15 townhouse
dwelling units (AM-2021-027).
Bylaw - AM-2021-027
280 - 282
Page 12 of 292
Bylaw - AM-2021-027 Schedule
2022-
66.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for 5 townhouse dwelling units (AM-2021-028).
Bylaw - AM-2021-028
283 - 285
2022-
67.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for a 3 storey, 25 unit apartment dwelling (AM-2021-029).
Bylaw - AM-2021-029
286 - 287
2022-
68.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for a 4 storey place of worship subject to the removal of the
holding (H) symbol and By-law Nos. 2016-053 and 2020-045 are
rescinded for the subject Lands (AM-2021-030).
Bylaw - AM-2021-030
Bylaw - AM-2021-030 Schedule 1
288 - 291
2022-
69.
A by-law to adopt, ratify and confirm the actions of City Council at
its meeting held on the 31st day of May, 2022.
05 31 22 Confirming By-law
292
14. ADJOURNMENT
Page 13 of 292
MINUTES
City Council Meeting
4:00 PM - Tuesday, May 10, 2022
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 10,
2022, at 4:00 PM, in the Council Chambers/Zoom App., with the following members present:
PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Lori Lococo,
Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike
Strange, Councillor Wayne Thomson (Chambers)
Councillor Carolynn Ioannoni (via Zoom).
COUNCIL
ABSENT: Councillor Wayne Campbell
STAFF
PRESENT:
Jason Burgess, Bill Matson, Margaret Corbett, Shawn Oatley,
(Council Chambers)
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In-Camera
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council enter into an In-Camera session.
Carried Unanimously
2. CALL TO ORDER
The Open Council Meeting was called to order at 5:42 PM.
O Canada: Performed by: Victoria Calder (recorded version)
Land Acknowledgement and Traditional Indigenous Meeting Opening: Brian Kon
3. ADOPTION OF MINUTES
3.1. Council Minutes of April 12, 2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council approve the minutes of the April 12, 2022 meeting as presented.
Carried Unanimously
Page 1 of 20
Page 14 of 292
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Lori Lococo declared a conflict of interest to the following agenda
items, as they all relate to the Downtown BIA, spouse's former employer:
• Item #9.2 - MW-2022-24 - Free Parking
• Item #11.3 - Correspondence from Downtown BIA
• Item #12.1 - Downtown BIA security request
• Item #12.5 - Downtown BIA - multiple requests
Councillor Lori Lococo also declared a conflict of interest to:
• Item #9.9 - R&C-2022-08 - Niagara Falls Art Gallery (Fee for Service) as
she sits on the board as a resident.
b) Councillor Vince Kerrio declared a conflict of interest to the In-Camera report,
CAO-2022-06 as their may be participation by the hotel association and to Item
#8.6 - F-2022-24 - Property Tax Incentives for Hotels that Help Resettle
Ukrainian Refugees.
c) Councillor Victor Pietrangelo declared a conflict of interest to In-Camera report
- MW-2022-25 - Land acquisitions are part of a road widening that affects lands
owned by family members and to Item #11.2, (7) - Niagara Regional Report
PDS 14-2022 - Proposed Official Plan, parts specific to the SABR-settlement
area boundary review as family owns lands that are affected.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Judy Orr, former City Councillor, for more than 20 years.
• Ian Greaves, Member of the Accessibility Committee for many years.
• Jake Hiebert, long-time business owner of Jake's French Fry Truck.
• Emeline Burgess, mother of CAO, Jason Burgess.
• Gino Felicetti, father of Director of Business Development, Serge
Felicetti.
b) Mayor Diodati mentioned the following events:
Soppressata Night at Club Italia—
• Also attended by Councillors Strange, Pietrangelo, Kerrio.
•
Opening of Canada Games Park [picture shown of Mayor and Shelley)
• NF partnered with North West Territories and will host a community
ceremony Saturday, August 13th with our Territory partners!
• Baseball and golf being hosted in Niagara Falls
National Day of Mourning
• Ceremony held at City Hall on Thursday, April 28th/ flag lowering
•
Stamford Centre Volunteer Firefighter’s 100th Anniversary [picture
shown]
• George Alderton, 93 years, member since 1959
• Annual carnival, Easter Egg Hunt
•
• Central Community Church – ribbon cutting [pictures shown]
Page 2 of 20
Page 15 of 292
• Moved from St. Catharines
• Big success/ open/ welcoming
• Pastor Bill
Flag Raising for Poland’s Constitution Day [pic]
• Arranged by Councillor Dabrowski
• Also attended by Councillors Mike Strange & Wayne Thomson
City Council Representatives
SPARK Open House & Pitch Competition Councillor Strange
Sunrise Rotary Tree Planting Councillor Strange, also
attended by Councillor
Lococo
Grand Openings/ Business Happenings [photos for each one]
• Stok’d Cannabis— also attended by Wayne Thomson
• Nature’s Canopy House & Munchie World
• Salt Water Beauty
• Trick Art Box
c) The next Council meeting is scheduled for Tuesday, May 31st, 2022.
6. DEPUTATIONS / PRESENTATIONS
6.1. Firefighter Award of Bravery
Fire Chief, Jo Zambito and Justin Canestraro, President of the Niagara Falls
Professional Firefighters Association, recognized one of the members whom is
the recipient of the "Ontario Firefighter medal of bravery." They will be joined
by members of the Niagara Regional Police Marine Unit and the Niagara Parks
Police Services and Niagara Helicopters.
Aaron Tate was nominated for his heroic acts in the summer of 2020 when he
entered the the class 5 rapids of the lower Niagara River to attempt to secure a
young boy stuck on a rock with water levels rapidly rising. The water took an
unexpected turn and Aaron was unfortunately swept away and taken down
stream through the class 5 rapids on the river. He was picked up down stream
past the power plant by a police boat who heard the radio transmission.
In attendance:
• Tim Eaton, Niagara Regional Police Officer
• Sgt. Lance Dobbin and Sgt. Shawn Black from the Niagara Parks Police
• Anna Pierce (expressed gratitude by saying a few words) and Pilot
Rene Huessy from Niagara Helicopters.
• Superintendent Marco Giannico, representing Niagara Regional Police
Chief, Bryan MacCullogh, said a few words.
• April Jeffs, Niagara Parks Commission Chair
• David Adames, Niagara Parks CEO
• Paul Forcier, Niagara Parks Police Chief said a few words
• Eric Ellwood, Acting Inspector, Niagara Police.
6.2. Key to the City Presentation - Dr. W. Gifford Jones, MD (Dr. Ken Walker)
Page 3 of 20
Page 16 of 292
Mayor Jim Diodati presented Dr. W. Gifford Jones (Dr. Ken Walker) with a
"Key to the City."
Dr. Ken Walker, Dr. W. Gifford-Jones
• Attending along with him:
o His wife, Susan Walker
o His four children, Robert, John, Brett and Diana
o Plus one of his 12 grandchildren, Fae.
• A proud moment to recognize Dr. W. Gifford Jones, celebrated author,
long-loved columnist and innovative wellness guru.
• Before his writing life and taking on the pseudonym of Dr. W.
Gifford Jones, Dr. Ken Walker lived and raised his family in Niagara
Falls and had his medical practice here.
• He studied at Harvard Medical School, the University of Toronto,
University of Rochester and McGill University.
• Has published a total of 9 books – with a major focus being not afraid to
challenge standard medical practices and to use innovation in medicine
and wellness.
• He, himself, suffered a severe heart attack at the age of 74 and
famously started taking high doses of vitamin C. He was able to wean
himself off of prescription drugs, to the chagrin of many medical doctors
who opposed this idea.
• You may be asking—how old is he now? 98 years young!
• The “W. Gifford-Jones MD Prize for Humanity” was created to
encourage those who try unconventional and innovative solutions and
perform a service to humanity by doing so.
• His celebrated weekly column boasted some 7 million readers and was
first published in 1975. It was syndicated and published internationally
throughout Canada and the United States.
• Today, it is our pleasure to celebrate Dr. W. Gifford Jones the author
and columnist, Dr. Ken Walker, the doctor and community member.
• We are presenting Dr. Walker with the Key to the City of Niagara Falls.
• This key is special—it was designed by young local artist, Sephira
Scappaticci who is a special community member herself.
o Not only was she clearly a gifted artist—having painted her
interpretation of Van Gogh’s “Starry Night” on this key but was a
celebrated student at St. Paul High School when she did so.
o She was enrolled in the Science Mentorship Program at Brock
University, graduated as the class Valedictorian with Honour Roll,
received academic excellence award in Visual Arts and is
currently studying Kinesiology at McMaster University.
o The inscription reads:
Dr. Ken Walker
Dr. W. Gifford-Jones
Beloved columnist, author, medical journalist
Making your hometown proud!
May 10th, 2022
6.3. Niagara Fiesta Extravaganza
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The first Niagara Fiesta Extravaganza, organized by the Filipino community in
Niagara will be held at Firemen's Park on Saturday, July 30, 2022.
The organizers, Eileen Tinio-Hind, Rizzo Gatbonton and Valerio "Mak"
Makinano will made a presentation at Council inviting the Niagara Falls City
Council and staff, and the community to attend this event, the first in our city.
There are four other Fiesta Extravaganza events in selected cities in Ontario.
Niagara Fiesta Extravaganza is a celebration of Filipino Heritage and Culture in
the region and across Canada with highlights such as Musical Extravaganza,
Cultural Presentations, Non-Stop Entertainments, Food Expo, Exhibits, Games
and Community Spotlight.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Mike Strange
That Council direct staff to help promote the Niagara Fiesta Extravaganza
through social media channels and on our City's website.
Carried Unanimously
7. PLANNING MATTERS
7.1. PBD-30
AM-2021-028, Zoning By-law Amendment
5360 Royal Manor Dr (5 Townhouse Units)
Applicant: Anthony Vacca
Agent: South Coast Consulting (Steven Rivers)
5 Townhouse Units
Councillor Dabrowski left the meeting.
The Public Meeting commenced at 6:50 PM.
Alexa Cooper, Planner 2, gave an overview of the background report PBD -
2022-30.
Steven Rivers, acting as the agent from South Coast Consulting, spoke in
support of the application by sharing a brief presentation.
Public meeting was closed at 7:08 PM.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council approve the Zoning By-law amendment application to rezone the
land a site specific Residential Mixed (R3) zone to permit a 5 unit townhouse
dwelling, subject to the regulations outlined in this report.
Carried Unanimously (Councillor Dabrowski was absent from the vote).
7.2. PBD-2022-31
AM-2021-029, Zoning By-law Amendment
5360 Royal Manor Dr (apartment building)
Page 5 of 20
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Applicant: Anthony Vacca
Agent: South Coast Consulting (Steven Rivers)
3 Storey, 25 Unit Apartment Building
Councillor Dabrowski returned to the meeting.
The Public Meeting commenced at 7:08 PM.
Alexa Cooper, Planner 2, gave an overview of the background report PBD-
2022-31.
Steven Rivers, acting as the agent from South Coast Consulting, spoke in
support of the application by sharing a brief presentation.
Public meeting was closed at 7:15 PM.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council approve the Zoning By-law amendment application to rezone the
land a site specific Residential Apartment 5A (R5A) Density zone to permit a 3
storey, 25 unit apartment building, subject to the minimum landscape open
space requirement being maintained at 30% of the lot area.
Carried Unanimously
8. REPORTS
8.1. CLK-2022-09
Fee Waiver Applications -
Niagara Children's Centre - The Plasma Car Race
Hockey Canada Foundation - Hockey Canada Foundation Gala & Golf
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council approve the Fee Waiver Applications for:
1. Niagara Children's Centre - The Plasma Car Race - in the amount of
$368.42 for the waiving of fees for the Gale Centre Arena Floor Rental.
2. Hockey Canada Foundation - Hockey Canada Foundation Gala & Golf -
in the amount of $2,644.20 for the waiving of fees for the WEGO bus
charter (18 hours).
3. That Council acknowledge the out of budget expenditure (if approved,
the fee waiver budget would be over-budget by $12,253.05) and to have
Staff find a positive variance to help fund this budgetary overrun.
4. That Council direct Staff to review the fee waiver expenditures prior to
the 2023 budget planning process.
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Carried Unanimously
8.2. F-2022-15
Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of
The Municipal Act, 2001
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council approve the cancellation, reduction or refund of taxes on the
various accounts per the attached summary and granted to the property
owners listed.
Carried Unanimously
8.3. F-2022-18
Monthly Tax Receivables Report - March
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
8.4. F-2022-22
2022 Property Tax Rates
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council approve the 2022 Property Tax Rates.
Carried Unanimously
8.5. F-2022-23
Final Tax Notice Due Dates for Residential, Pipeline, Farmland and
Managed Forest Assessment Classes
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. That June 30 and September 30 be approved as the 2022 Final Due
Dates for the Residential, Pipeline, Farmland and Managed Forest
Assessment Classes.
2. That August 31 and October 31 be approved as the 2022 Final Due
Dates for the Commercial, Industrial and Multi-residential Assessment
Classes.
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Carried Unanimously
8.6. F-2022-24
Property Tax Incentives for Hotels That Help Resettle Ukrainian Refugees
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
That Council direct Staff to forego the creation of a one -time property tax credit
for Hotels as the City would be at risk of violating Municipal Act 106.
Carried Unanimously (Councillor Kerrio declared a conflict).
8.7. F-2022-25
Capital Financing and Debt Management Policy
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
1. That Council adopts a new Capital Financing and Debt Management
Policy for the City of Niagara Falls
2. That Staff be directed to prepare the necessary by-law to adopt the
policy attached as Attachment 1.
Carried Unanimously
8.8. L-2022-03
On-Demand Surety Bonds Policy
Our File No. 2022-71
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
1. That Council adopt a policy regarding the use of on-demand surety
bonds (“Surety Bond Policy”), which will be effective for a two-year pilot
period, and which will take the form at Appendix “1” attached to this
report;
2. That Council direct staff to update the language used in development
agreement templates to permit surety bonds that conform to the Surety
Bond Policy as an acceptable form of security;
3. That Council direct staff to report back on the uptake and any
challenges encountered with surety bonds within two years of accepting
the first on-demand surety bond under the Surety Bond Policy;
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4. That Council direct staff to take all necessary actions, including the
execution of all necessary documentation, to give effect to the two -year
pilot of the Surety Bond Policy.
Carried Unanimously
8.9. MW-2022-23
Rural Arterial Roads Emergency Improvements
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
1. That Council approve the extension of 2022 Road Resurfacing Contract
for a change order to include the addition of:
a. Kalar Road - From Thorold Stone Road to 190 metres south of
Niven Street
2. That Council approve the extension of the 2022 Surface Treatment
Contract for a change order to include the addition of:
a. Garner Road - Hendershot Boulevard to 150 metres northwards
b. Garner Road - McLeod Road to Black Forest Crescent
c. Garner Road - Black Forest Crescent to Forestview Boulevard
d. Beechwood Road - Lundy's Lane to Nichols Lane
e. Beechwood Road - Nichols Lane to McLeod Road
3. That Council approve the use of available funding within the budget for
the 2022 Road Resurfacing Contract to fund the change in scope in the
estimated amount of $300,000.
4. That Council approve a budgetary increase of $506,000 to the existing
2022 Surface Treatment Contract amount of $582,475 approved in the
2022 Capital Budget, and that it be funded from unallocated Canada
Community-Building Fund (CCBF) reserves.
Carried Unanimously
8.10. PBD-2022-32
Information Report
Future Hospice Care Centre for Niagara Falls
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council receive this staff report for information purposes and to direct
staff to start an Expression of Interest (EOI) for the provider and the site in
order to have a hospice built in the City of Niagara Falls.
Carried Unanimously
8.11. PBD-2022-39
Initiation Report: Official Plan Amendment and Housing Policies Housekeeping
Amendment
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Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
1. That Council receive this staff report for information purposes.
Carried Unanimously
8.12. HR-2022-01
Filling Vacancy for Diversity & Inclusion Advisory Committee
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council approve the following two (2) candidates to fill the vacancies for
the Diversity and Inclusion Advisory Committee:
- Mr. Brian Kon
- Ms. Donna Pierre
Carried Unanimously
8.13. PBD-2022-40
Public Outreach on the Affordability Task Force Recommendations,
Proposed Bill 109 and Missing Middle Housing
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council receive this report for information purposes .
Carried Unanimously
9. CONSENT AGENDA
9.1. BDD-2022-001
Small Business Enterprise Centre (SBEC/BDD)
Ministry of Economic Development, Job Creation and Trade
SBEC Program Transfer Payment Agreement
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
Council authorize the Mayor and Clerk to sign the SBEC-MEDJCT SBEC
Program
Transfer Payment Agreement.
Carried Unanimously
9.2. MW-2022-24
Queen Street – 15 Minute Free Parking Zones
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
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That Council approve the installation of five (5) short duration (15 minutes or
less) parking spaces along Queen Street to support businesses and allow
customers up to 15 minutes of free parking to attend the establishment to pick-
up or drop-off goods and services.
That Council direct Staff to coordinate the final locations with the Downtown BIA
and provide the resulting amendments to By-law #89-2000 at the May 31, 2022
Council meeting.
Carried Unanimously (Councillor Lococo declared a conflict).
9.3. PBD-2022-33
PLC-2022-006, Request for Removal of Part Lot Control
Block 106, Registered Plan 59M-484, Forestview Estates
7340-7372 Matteo Drive
Applicant: Kenmore Drive
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council approve the request and pass the by-law to exempt Block 106,
Registered Plan 59M-484 from Part Lot Control for a period of two years.
Carried Unanimously
9.4. PBD-2022-34
PLC-2022-004, Request for Removal of Part Lot Control
Lots 40, 41, and 49 to 53 inclusive, Registered Plan 59M-491, Chippawa
West
9232, 9234, 9248, 9250, 9256, 9258, 9266, 9268, 9272 and 9274 Griffon
Street
Applicant: LH (Niagara) Ltd.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council approve the request and pass the by-law included in today’s
agenda to exempt Lots 40, 41, and 49 to 53 inclusive, Registered Plan 59M-
491 from Part Lot Control for a period of two years.
Carried Unanimously
9.5. PBD-2022-35
AM-2018-012, Exemption Request to 2-Year Waiting Period for a Minor
Variance
Chippawa East Draft Plan of Subdivision
North side of Willick Road between Sodom Road and Willoughby Drive
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Thomson
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That Council consider passing the resolution to grant an exemption to the 2 -
year waiting period for minor variances to allow Queensway Chippawa
Properties Inc. to file an application to the City’s Committee of Adjustment for
the proposed development.
Carried (Councillor Lococo opposed to the vote).
9.6. PBD-2022-36
PLC-2022-007, Request for Removal of Part Lot Control
Block 109, 110, & 111, Registered Plan 59M-484, Forestview Estates
7153-7213 Parsa Street
Applicant: Marken Homes
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council approve the request and pass the by-law to exempt Block 109,
110, & 111, Registered Plan 59M-484 from Part Lot Control for a period of two
years.
Carried Unanimously
9.7. PBD-2022-37
PLC-2022-005, Request for Removal of Part Lot Control
Block 101, Registered Plan 59M-484, Forestview Estates
7381-7421 Matteo Drive
Applicant: Mountainview Homes (Niagara) Ltd.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council approve the request and pass the by-law to exempt Block 101,
Registered Plan 59M-484 from Part Lot Control for a period of two years.
Carried Unanimously
9.8. PBD-2022-38
PLC-2022-008, Request for Removal of Part Lot Control
Lots 19, 20, 22, 23, 57, & 58, Registered Plan 59M-491, Lyons Creek Phase
5
9342-9350 White Oak Ave (Lots 19 and 20); 9337-9343 White Oak Ave
(Lots 22 & 23); and 4243-4259 Shuttleworth Drive (Lots 57 & 58)
Applicant: Mountainview Homes (Niagara) Ltd.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That Council approve the request and pass the by-law to exempt Lots 19, 20,
22, 23, 57, & 58, Registered Plan 59M-491 from Part Lot Control for a period of
two years.
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Carried Unanimously
9.9. R&C-2022-08
NFAG (Niagara Falls Art Gallery) 2022 Fee for Service Agreement
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That City Council receive for information the one-year (2022) Fee for Service
Agreement for the Niagara Falls Art Gallery (NFAG).
Carried Unanimously (Councillor Lococo declared a conflict).
9.10. R&C-2022-09
The dissolution of the Coronation 50 Plus Advisory Committee and the
Rescinding of the Coronation 50 Plus Recreation Centre Constitution
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
That council approve the dissolution of the Coronation 50 Plus Advisory
Committee and to rescind the Coronation 50 Plus Recreation Centre
constitution.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Special Occasion Permit Request - 2022 Niagara Falls Rotary Ribfest
Scott Wright, event organizer, for the 2022 Niagara Falls Rotary Ribfest is
requesting that the City of Niagara Falls declare the "2022 Niagara Falls
Rotary Ribfest," on June 17,2022-June 19, 2022 as "municipally significant"
and "Community Festival" in order to assist with obtaining a Special Occasion
Permit from AGCO.
10.2. Proclamation Request - National Public Works Week
On behalf of the many women and men employed to serve our community in the
Municipal Works Division, our Director of Municipal Works, Erik Nickel, is kindly
requesting the City of Niagara Falls to proclaim May 15 to 21, 2022 as National
Public Works Week.
10.3. Proclamation Request - World Ocean Day - June 8th - Motion for Ocean
Protection
Attached is a resolution in support of recognizing and celebrating "World
Oceans Day 2022" on Wednesday, June 8, 2022 and the advancement of
ocean conservation in Canada.
10.4. Historic Drummondville BIA 2022 Proposed Budget
Attached is the Historic Drummondville BIA 2022 proposed budget. This
budget was approved by the board during their March 9 2022 AGM.
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10.5. Lundy's Lane BIA - 2022 Budget
Attached is the 2022 Lundy's Lane BIA budget as approved by the Board on
May 5, 2022.
10.6. Noise By-law Exemption - Chippawa Slo Pitch Tournament and Street
Dance
The Chippawa Volunteer Fire Association is requesting Council to approve a
noise exemption on Saturday, July 16, 2022 until 11:30 PM as they host the
Annual SPN Slo-Pitch Tournament and Street Dance.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council approve/support Item #10.1 through to and including Item #10.6.
Carried Unanimously
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Resolution - Township of Mulmur - More Homes for Everyone Act
Attachedis a resolution passed by the Council of the Township of Mulmur
regarding the More Homes for Everyone Act.
11.2. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1) Provincial report and Regional staff comments regarding the Ontario
Housing Affordability Task Force.
2) Niagara Region Correspondence respecting: PDS 13 -2022-2021 Reserve
Water and Wastewater Treatment Capacities.
3) Niagara Region Correspondence respecting: PW 11-2022 Inspection
Programs and Condition of Niagara Region Trunk Sanitary Sewer
Infrastructure
4) Niagara Region Correspondence respecting: PW 14 -2022 Inspection of
Regional Water
Infrastructure
5) Niagara Region Correspondence respecting PDS 4-2022 Development
Applications Monitoring Report - 2021 Year End
6) Niagara Region Correspondence respecting PDS 9-2022 2021 Census
Series: Population and Dwelling Counts
7) Niagara Regional Report PDS 14-2022 - Proposed Niagara Official Plan
11.3. Correspondence from Downtown BIA - Recognition of Downtown BIA at
the 2022 Ontario BIA Association Conference
Letter attached from the Downtown BIA informing Council of recent recognition
at the 2022 Ontario BIA Association Conference in Niagara Falls.
11.4. Resolution - City of Thorold
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At its meeting held on May 3, 2022, Thorold City Council adopted the following
resolution respecting Council's submission to the Province pertaining to Bill
109 and the recommendations proposed by the Province's Housing
Affordability Task Force.
11.5. Ontario Ombudsman Review
The Ombudsman has completed his review into a closed meeting complaint.
11.6. Comments from Resident - practice of submitting comments to Council
Attached are comments from Joedy Burdett regarding our process for
submitting comments to published Council agendas.
Moved by Councillor Lori Lococo
Seconded by Councillor Mike Strange
That Council receive and file for information Item #11.1 through to and
including Item #11.6.
Carried Unanimously (Councillor Kerrio declared a conflict to #11.1;
Councillor Pietrangelo declared a conflict to #11.2- 7) and Councillor
Lococo declared a conflict to #11.3).
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Downtown Security Cameras - Request for Council
The Downtown BIA is seeking permission from the Niagara Falls' Council to
install security cameras on the arches in Downtown.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
That Council refer to staff the matter regarding Downtown security cameras
and to delegate the authority for care and control of the cameras to the NRP.
Carried Unanimously (Councillor Lococo declared a conflict).
12.2. Change of Street Name Request - Jake Hiebert Way
Rich Merlino is requesting the renaming of St. Clair Avenue (the portion
between Queen Street and Park Street), where Jake's Chip Wagon conducted
business for many years to JAKE HIEBERT WAY.
12.3. Unlawful activity on Willow Road - Letter from resident's solicitors
Attached is a letter from resident, Mr. White’s legal counsel, for further
discussion to determine Council direction.
12.4. Letter from resident regarding garbage and rats
Attached is a letter from a resident regarding a suggesting to have a by -law
that would require landlords to provide enclosed units to house garbage.
12.5. Correspondence from Downtown BIA
Attached is a letter with multiple requests from the Downtown BIA.
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Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council refer to staff Item #12.2 through to and including Item #12.5.
Carried Unanimously (Councillor Lococo declared a conflict to Item
#12.5).
13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
13.1. Letter for Niagara Falls City Council - Request for ban
The Founder & Volunteer Community Director, from NiagaraGives, sent
correspondence requesting Council to consider a city-wide ban on the public
display or usage of pro-Soviet or pro-Ruscist symbols.
RECOMMENDATION: As this is a matter not within Council’s jurisdiction it is
recommended that it be received for the Information of Council.
Moved by Councillor Mike Strange
Seconded by Councillor Vince Kerrio
That this matter be received for the information of Council.
Carried Unanimously
13.2. Cross Border Travel and ArriveCan
Attached is a letter from the Niagara Falls Bridge Commission and the Buffalo
and Fort Erie Bridge Authority regarding the Arrive Can application.
RECOMMENDATION: That Council endorse the letter received from the
Niagara Falls Bridge Commission and the Buffalo and Fort Erie Bridge
Authority to ask the Government of Canada to continue to market the Arrive
Can application as an “optional” tool when crossing the border and that it no
longer be a mandatory requirement.
AND that a copy of the letter and Council’s motion be forwarded to the Public
Health Agency of Canada, bordering municipalities across Ontario, Members
of Parliament for Niagara and Local Area Municipalities in Niagara for support.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
That Council endorse the letter received from the Niagara Falls Bridge
Commission and the Buffalo and Fort Erie Bridge Authority to ask the
Government of Canada to continue to market the Arrive Can application as an
“optional” tool when crossing the border and that it no longer be a mandatory
requirement.
AND that a copy of the letter and Council’s motion be forwarded to the Public
Health Agency of Canada, bordering municipalities across Ontario, Members
of Parliament for Niagara and Local Area Municipalities in Niagara for support.
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Carried (Councillor Lococo opposed to the vote).
14. RESOLUTIONS
14.1. PBD-2022-35
AM-2018-012, Exemption Request to 2-Year Waiting Period for a Minor
Variance
Chippawa East Draft Plan of Subdivision
North side of Willick Road between Sodom Road and Willoughby Drive
That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council
consents to an exemption to the 2-year waiting period for minor variances and
thereby allows Queensway Chippawa Properties Inc. to file an application to the
City’s Committee of Adjustment for the development of their Plan of Subdivision
that is regulated by By-law No. 2022-06.
Moved by Councillor Mike Strange
Seconded by Councillor Chris Dabrowski
That Council approve resolution #6 pertaining to PBD-2022-35.
Carried (Councillor Lococo was opposed to the vote).
15. RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
That Council:
1. Direct staff regarding information about the Niagara District Airport;
2. Direct staff regarding the former Coronation Building on Summer Street.
3. That Council delegate authority to the CAO, or his designate, for all matters
related to the acquisition of properties and easements necessary to accomplish
road widenings and dedications in support of the Montrose Road, Reixinger
Road, and Biggar Road improvements identified in the Montrose Road and
Lyons Creek Road/Biggar Road Municipal Class Environmental Assessment,
driven by the development of the new South Niagara Hospital and surrounding
lands; and further,
4. That Council approve a 2022 Capital Budget amendment totalling $660,000
for the purposes of land acquisition related recommendation 1, to be funded by
capital special purposes reserve and development charges where permissible;
and further,
5. That the Chief Administrative Officer, or his designate, be authorized to
execute all agreements and documentation and take whatever steps necessary
to carry out Recommendation 1 of report MW-2022-25.
Carried (Councillor Lococo was opposed to item #1, pertaining to the
Niagara District Airport: Councillor Kerrio declared a conflict to #1,
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Niagara District Airport report and Councillor Pietrangelo declared a
conflict to #3,#4 & #5 pertaining to MW-2022-25.
16. NOTICE OF MOTION/NEW BUSINESS
a) Fireworks Display - Daily - City of Niagara Falls
Councillor Lococo expressed noise and environmental concerns of the daily
fireworks display at the Falls.
b) Weightman Bridge - Chippawa - Installation of Lights
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
That Council waive the procedural by-law and that staff look into lighting up the
Weightman Bridge in Chippawa and investigate the costs for nightly lighting of
various colours for monthly causes such as Childhood cancer awareness,
autism , breast cancer awareness and for staff to outsource with potential
partners like NPEI, Festival of Lights, Niagara Parks Commission for
sponsorship opportunities.
Carried Unanimously
c) Environmental Concerns
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
That Staff waive the procedural by-law and that staff be directed to bring a
report back to Council on environmental concerns regarding Fourth Avenue
and the roundabout at Bridge Street and Victoria Avenue.
Carried Unanimously
17. BY-LAWS
2022-
43.
A by-law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2022.
2022-
44.
A by-law to provide for the adoption of Amendment No. 142 to the City of
Niagara Falls Official Plan.
2022-
45.
A By‐law to amend By‐law No. 79‐200, as amended, to provide updated land
use permissions related to the growth of cannabis for both medical and
commercial purposes.
2022-
46.
A By‐law to amend By‐law No. 1538 for the Township of Crowland, as
amended, to provide updated land use permissions related to the growth of
cannabis for both medical and commercial purposes.
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2022-
47.
A By‐law to amend By‐law No. 395 (1996) for Willoughby Township, to
provide updated land use permissions related to the growth of cannabis for
both medical and commercial purposes.
2022-
48.
A By‐law to amend By‐law No. 70-69 for the former Township of Humberstone
now in the City of Niagara Falls, as amended, to provide updated land use
permissions related to the growth of cannabis for both medical and
commercial purposes.
2022-
49.
Being a by-law to amend Site Plan Control By-law No. 2011-113.
2022-
50.
A by-law to designate Lots 40, 41, & 49-53 (inclusive), Registered Plan 59M-
491, not to be subject to part-lot control (PLC-2022-004).
2022-
51.
A by-law to designate Block 101, Registered Plan 59M-484, not to be subject
to part-lot control (PLC-2022-005).
2022-
52.
A by-law to designate Block 106, Registered Plan 59M-484, not to be subject
to part-lot control (PLC-2022-006).
2022-
53.
A by-law to designate Blocks 109, 110, & 111, Registered Plan 59M-484, not
to be subject to part-lot control (PLC-2022-007).
2022-
54.
A by-law to designate Lots 19, 20, 22, 23, 57, & 58, Registered Plan 59M-491,
not to be subject to part-lot control (PLC-2022-008).
2022-
55.
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-
56.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 10th day of May, 2022.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That the by-laws be read a first, second and third time and passed.
Carried (Councillor Lococo opposed to by-laws 44, through to and
including by-law - 48).
18. ADJOURNMENT
a) Adjournment
Moved by Councillor Chris Dabrowski
Seconded by Councillor Vince Kerrio
That Council adjourn the meeting at 8:19 PM.
Page 19 of 20
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Carried Unanimously
Mayor
City Clerk
Page 20 of 20
Page 33 of 292
PROCLAMATION
WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of
Rick Hanson’s Man in Motion Tour; and
WHEREAS this designated week allows communities to promote the need for greater
Barrier-free accessibility in buildings, on modes of transportation and in public places;
and
WHEREAS the week also promotes awareness of issues affecting the disabled,
Accomplishments by the disabled community and goals for the future; and
WHEREAS the Mayor’s Accessibility Advisory Committee (M.A.A.C.), would like the
week of May 29th to June 4th, 2022, proclaimed "National Access Awareness Week" in
the City of Niagara Falls, and
WHEREAS the official flag and logo of the Mayor’s Accessibility Advisory Committee be
raised during this entire week at the front of City Hall.
NOW THEREFORE I, James M. Diodati, Mayor of the City of Niagara Falls, on behalf of
City Council do hereby proclaim the week of May 29th to June 4th, 2022, as “National
Access Awareness Week" in the City of Niagara Falls.
Mayor James M. Diodati
& Members of Council
May 31st, 2022
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50by30Niagara
~ was formed in February of this year
~ 80% of Canadians are concerned about climate change
~ most don’t know what we can do
~ feel hopeless and overwhelmed
~ see the costs, but not the investments
~ want someone else to ‘do something’
~ 50by30Niagara is very hopeful, believing much can be done
~ we aim to be collaborative
Page 35 of 292
Municipalities are in direct and indirect control
of 60% of all of Canada’s emissions
Municipal Emissions have 5 sources:
~ buildings –40%
~ vehicles –40%
the remainder come from:
~ municipal waste
~ agriculture
~ industry
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Municipalities are already taking significant steps:
~ reducing emissions in their own corporate environment
~ replacing lighting with LED light bulbs
~ replacing the vehicle fleet
~ retrofitting buildings
~ installing solar panels on rooftops
~ taking steps to adapt to climate change through Niagara
Adapts
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50by30Niagara’s Climate Action Plan 2 key components:
Buildings
Community design
~ The City of Niagara Falls spends approximately
$350,000,000 on energy, community-wide, per year
~ Reducing emissions in these two areas will also make life
much more affordable and create a more business friendly
environment Page 38 of 292
My ask today:
Direct NPEI to conduct a feasibility study for fossil-fuel free
district energy for downtown Niagara Falls
~ District Energy can reduce energy consumption up to 50%
~ 5% of buildings are responsible for 50% of emissions
~ this is also where the most savings can be found
~ 2/3 of all buildings will still be in place in 20 years
~ to meet our climate goals, we need to deal with the
existing building stock
~ NPEI has already done a study of the Niagara River’s
capacitiesPage 39 of 292
~ can be drawn from waste heat, sewer water, ground-
sourced, lake water, and river water
Case Studies:
~ first used by the Romans in Pompeii in the first century
~ first employed in London Ontario in 1880
~ Toronto, Enwave, Deep Lake Water Cooling
~ reduced energy consumption by 80%, emissions by 93%
~ upfront costs of geoexchange systems in condo towers can
be recouped in 3-5 years
~ can also be done at community scale:
~ Montreal
~ Enwave in MarkhamPage 40 of 292
~ as a utility company most savings would go to rate-
payers, with some returning to the municipality
~ the utility company would bear the upfront costs, not the
municipality (which has less flexibility)
~ owned & operated by the utility company, there are no
upfront costs for the building owner, just a monthly fee
~ this can help the municipality pay for other climate
adaptation plans that do not pay for themselves, such as:
storm drains, tree planting, etc
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Municipalities have the capacity to do a great deal:
you can make life more affordable for your residents
and reduce overall emissions significantly
we cannot wait for the Federal government
we can’t wait for the provincial government
thankfully, we don’t need to
Page 43 of 292
1. Every Municipal Corporation:
~ retrofit all municipal builds for maximum energy efficiencies
~ retrofit all municipal buildings to be fossil-fuel-free
~ convert the municipal fleet to electric vehicles (BE or FCEV)
~ convert the transit fleet to electric vehicles
~ adopt a flexible work from home strategy for employees
~ pursue a zero-waste strategy, fully implemented by 2030
~ Lobby the provincial govt for fossil-fuel and nuclear free energy
2. Homes and buildings:
Buildings are responsible for approximately 40% of all municipal
emissions. Focusing on energy retrofits significantly reduces energy
demand, while switching to heat pumps eliminates the rest.
~ encourage the adoption of retrofits for maximum energy efficiency
– 1 foot thick walls, 2-3 feet insulation in attics (R60 & R100)
~ require all new builds and retrofits to be fossil-fuel free
~ require all home sales to convert to fossil-fuel free energy
~ require that all furnace replacements be fossil-fuel free
~ develop an energy transition plan template for homes &
businesses
~ by 2024 have a Green Development Plan completed
~ Establish a District Heating Utility Company
~ begin feasibility studies for the downtown cores in 2023
~ have the downtown projects completed by 2028
~ have all residences and buildings fossil-fuel free by 2045
3. Transportation:
Vehicles are responsible for another 40% of emissions. Mixed-use
Urban design reduces the need of them, while facilitating electric
recharging further reduces fossil fuel demand
~ design mixed-use communities where essential services can be
reached within 15 minutes without cars
~ provide for accessibility for those without easy access
~ expand transit within and between communities
~ install electric power stations for recharging
4. Environmental Restoration
Environment restoration both mitigates & adapts to climate change
~ Commit to no further Urban Boundary expansions
~ Add Biodiversity Enhancement to the Greening Initiative
~ Conserve, protect, and restore non-Provincially Significant
wetlands and peatlands
~ plant out a tree canopy of 30% in every municipality
~ increase the number of hiking and cycling trails and corridors
between municipalities
~ increase the number of accessible trails
5. Municipal Waste:
~ by 2025 have completed a plan to track, capture and eliminate all
methane emissions in the region
~ require the use of clear bags for garbage as of 2023
6. Economic development:
~ actively solicit companies to produce ‘green products’ in Niagara
7. Equity and fairness
Time and again the under-represented receive the least rewards
while paying the highest cost of any initiative. We must be aware of
and avoid this in dealing with climate change
~ ensure that under-represented groups are included in all planning
~ advocate for rebates and subsidies so that all people can
participate in the final climate action plan
~ apply an equity lens to all the actions in this transformation,
paying particular attention to those demographic communities that
are most underserved yet require the greatest service
~ protect tenants from rent-increases that may be associated with
climate action
~ address the social inequities that lead to poor environmental
practices and pose a barrier to collective climate action
Page 44 of 292
Jim Diodati, Mayor, City of Niagara Falls
Mike Strange, Councillor, City of Niagara Falls
Gentlemen:
As you are aware, I am the Chair of the Local Organizing Committee hosting Hockey Canada’s
largest annual fundraiser – a Gala & Golf event being held in Niagara Falls on Thursday June 23rd
(Gala) and Friday June 24th (Golf), which will draw over 1,000 corporate leaders, philanthropists,
media, current and former NHL players including players from the 1972 Summit Series team, as
well as Championship hockey teams from across Canada.
I am not reaching out to you as Executive Director of the Professional Hockey Players’
Association, nor even as the Chairman of this world class event. I am reaching out to you as
someone who was born and raised in Niagara Falls, who if not for members of the local
community financially assisting me, I would never have had the privilege of receiving a hockey
scholarship or experiencing every child’s dream of getting to play in the National Hockey
League.
As we inch closer to this incredible event, we are being met with “headwinds” as a result of the
pandemic, which our sponsorship campaign did not have to navigate through when our event
was originally scheduled for June, 2020.
While some business leaders have stepped up to support, as has the City of Niagara Falls, a
number of businesses are still recovering from the pandemic, while others are being asked to
support the Canada Summer Games or provide funding for our long overdue hospital.
I have an idea that encapsulates what this event is all about.
Proceeds raised from this event will be directed back into the Niagara Region to fund various
Legacy programs, including the Assist Fund, which provides brand new equipment to a
minimum of 50 children a year for five years, as well as 10 weeks of training, and their annual
hockey registration paid. Boys and girls who otherwise couldn’t afford to play our great game,
will now get that chance.
Since children from all Niagara municipalities will be a part of Hockey Canada’s Assist Fund, we
would like to suggest that each municipality donate $5,000 to their local Minor Hockey
Association / Program, which in turn would be used to purchase a table for 10 people to attend
and experience the Hockey Canada Foundation Gala event on June 23rd.
This presents a “once in a lifetime” opportunity for each municipality to reward their minor
hockey leaders for their tireless and unselfish volunteer efforts in mentoring, developing, and
moulding young players in the region.
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I would greatly appreciate Niagara Falls City Council to consider such a proposal and challenge
each and every Municipality to do the same. This will get hundreds of volunteers in front of
their hockey governing body peers and in some cases idols given the hockey celebrities who will
be in attendance, while generating approximately $80,000 to the event’s bottom line.
Our goal when we convinced Hockey Canada to award this event to the City of Niagara Falls was
to put on the very best and most successful event they have ever experienced. I do not want to
fall short of that goal that allowed us to convince them. In fact, our hope is that Hockey Canada
brings this event back to Niagara within the next five years once they witness the level of
community support our event has received.
On behalf of all the boys and girls throughout our Region who will be benefactors of the funds
we raise, including this boy from Niagara Falls who got a chance thanks to the generosity and
support of others, I sincerely thank all of you for your consideration and support.
Very truly yours,
Larry Landon
Former Legion Minor Hockey Player
Former Niagara Falls Minor Hockey Player
Page 46 of 292
PBD-2022-42
Report
Report to: Mayor and Council
Date: May 31, 2022
Title:
AM-2022-006, 26CD-11-2022-001, 26CD-11-2022-002, and
26CD-11-2022-003
Zoning By-law Amendment, Phased Standard Plan of
Condominium, and Standard Plan of Condominiums
6705 Cropp Street, 4735, and 4737 Pettit Avenue
Applicant: Winzen Niagara Homes Ltd. (Raymond Zenkovich)
Agent: Upper Canada Consultants (William Heikoop)
Recommendation(s)
1. That Council approve the Zoning By-law amendment application to rezone the land to
three separate site-specific Residential Apartment 5D (R5D) zones to facilitate the three
standard plans of condominium (two standard and one phased), subject to the
regulations outlined in this report;
2. That the Standard Plan of Condominiums be draft approved subject to the conditions in
Appendix A;
3. That the Mayor or designate be authorized to sign the draft plan as “approved” 20 days
after notice of Council’s decision has been given as required by the Planning Act,
provided no appeals of the decision have been lodged;
4. That draft approval be given for three years, after which approval will lapse unless an
extension is requested by the developer and granted by Council; and,
5. That the Mayor and City Clerk be authorized to execute the three Condominium
Agreements and any required documents to allow for the future registration of the three
condominiums when all matters are addressed to the satisfaction of the City Solicitor.
Executive Summary
Winzen Niagara Homes Ltd. has requested a Zoning By-law amendment for lands known as 6705
Cropp Street, and 4735 and 4737 Pettit Avenue. The land is being developed with apartment
dwellings, stacked, and stacked back-to-back townhouses containing 312 units.The applicant
requests the subject land be rezoned to three separate site-specific Residential Apartment 5D
(R5D) zone to facilitate the creation of three Condominium Corporations. The amendment is
recommended for the following reasons:
• The proposed Zoning By-law is technical in nature. The proposal will continue to comply
with the registered site plan and will not change the intent of current zoning nor the
permitted unit count. The purpose of the Zoning By-law amendment is to recognize
zoning deficiencies created by the 3 proposed condominium applications.
• The proposed development continues to conform to Provincial, Regional and City
policies
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• Concerns expressed by residents involved on-street parking and keeping roads clear on
Cropp Street. Construction debris shall be addressed through the Subdivision
Agreement.
Background
Proposal
Winzen Niagara Homes Ltd. has requested a Zoning By-law amendment and 1 Phased Standard
and 2 Standard Plans of Condominium for land known as 6705 Cropp Street, 4735 & 4737 Pettit
Avenue totaling 3.1 hectares (7.7 acres). Refer to Schedule 1 to locate the land. The Zoning By-
law amendment has been requested to facilitate the creation of 3 separate Condominium
Corporations on the subject lands. Schedule 2 shows details of the proposed development.
The subject lands are currently zoned a site-specific Residential Apartment 5D (R5D-990) zone
that permits the proposed development of 312 townhouse dwellings units. A site plan consisting
of two 6 storey apartment dwellings and 11 stacked and back-to-back townhouse dwellings has
been approved and registered on title for the subject lands. The applicant is requesting the subject
lands be rezoned to 3 separate site-specific R5D zones to facilitate the creation of the 3 proposed
Condominium Corporations. The requested Zoning By-law amendment does not propose to add,
change or alter the previously approved plan. The requested amendment will recognize zoning
deficiencies created by the proposed Condominium Corporation property lines such as minimum
landscaped open space, lot area, rear yard and interior side yard depth.
Figure 1: Yellow is 26CD-11-2022-001, pink is 26CD-11-2022-002, green is 26CD-11-
2022-003.
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26CD-11-2022-001 of 11 the for corporation blocks a create to proposes condominium
townhouses previously approved on the property. 26CD-11-2022-002 proposes to create a
condominium corporation for the eastern apartment building. 26CD-11-2022-003 proposes to
create a condominium corporation for the western apartment building. The extent of the proposed
standard condominium corporations can be seen in Figure 1 and attached to this report in
Schedule 3.
Site Conditions and Surrounding Land Uses
The subject lands are currently vacant. A site plan agreement (SN692101) has been registered
on title for two 6 storey apartment buildings and 11 blocks of stacked and stacked back -to-back
townhouse dwellings in July 2021. Building permits have been issued for some of the townhouse
blocks.
To the north is the Canadian National Railway; to the west are light industrial uses; to the south
are townhouse, and semi-detached dwellings; and to the east is townhouse and single detached
dwellings.
Circulation Comments
Information about the requested Zoning By-Standard law amendment and Condominium
Corporations were circulated to City divisions, agencies, and the public for comments. The
following summarizes the comments received to date:
• Building
o All required Building Permits to be obtained prior to commencement of any
construction/demolition. Some Building Permits have been issued for the site
• Business Development
o No objections to the applications
• Municipal Works, Transportation Services
o No objections provided all servicing and access easements are described in a
registered instrument or shown on a registered or deposited plan. This has been
included as a condition in Appendix A.
• GIS
o No objections to the proposed applications
• Landscape Services
o No objections to the application or requested site specific regulations
• Region
o Comments were addressed through site plan
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Neighbourhood Comments
A virtual neighbourhood Open House was held on May 4th, 2022 and was attended by the
applicant, the applicant’s planner, and 2 residents. In addition, comments have been collected
leading up to the Open House meeting. Five residents submitted comments stating they are
opposed to the proposed zoning amendment.
The residents had the following comments/concerns/questions:
• Too many people parking on Cropp Street from existing houses making it difficult to
drive on
• If upgrades were going to be made to the surrounding road network
• If the surrounding streets could be cleaned more often of dust and dirt due to
construction
Staff response to the received concerns are detailed below:
• Parking regulations are enforced on a complaint basis. Parking is not permitted:
o from 2-6am,
o for more than 12 hrs
o to obstruct a pedestrian walkway or sidewalk
o in the opposite direction of traffic flow
o within 3m of a fire hydrant
o within 10m of an intersection
• Residents are encouraged to file a complaint with the City's By-law Enforcement
Department when parking regulations are not being adhered to.
• The City's Transportation Department will be conducting a study to see if restricting
parking to one side of Cropp Street is warranted.
• The roads will be resurfaced after services have been installed. There are no further
road upgrades planned for the area.
• The subdivision agreement directs that surrounding roads are to be kept clear of debris
from construction. The applicant has been made aware of this requirement and has
been asked to keep surrounding roads clean.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development continues to be consistent and conform by satisfying provincial interest
outlined in Section 2 of the Planning Act, being a more efficient use of land, and providing
a wider range of housing for people of all ages, abilities, and incomes.
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2. Regional Official Plan
The subject land is designated as Urban Area (Built-Up Area) in the Regional Official
Plan. The proposed development continues to conform by contributing to the Region’s
residential intensification target within the Built -Up Area, utilizing existing municipal
services, and by providing a range of housing options in the neighbourhood that will meet
the needs of a variety of households, populations, and income groups.
3. Official Plan
The subject land is designated Residential – Special Policy Area 66 in the City’s Official
Plan, which permits up to 128 units per hectare (389 units). The proposal contains 312
units and continues to comply with the intent of the Official Plan. The proposal provides
a variety of housing options in the neighbourhood, contributes to the City’s annual
residential intensification rate within the Built-Up Area, and makes efficient use of existing
services.
4. Zoning By-law
The property is currently zoned a site-specific Residential Apartment 5D Density (R5D-
990) in accordance with Zoning By-law No. 79-200, as varied, which permits the proposed
development. The amendment is necessary to accommodate the lot lines created by the
proposed condominiums. The amendment proposes to place the subject lands under
three new site-specific R5D zones to facilitate the creation of three Condominium
Corporations. The changes to the standard R5D regulations are summarized in the
following tables:
Condominium #1 (11 Blocks of stacked & stacked back-to-back townhouse dwellings)
ZONE REGULATION CURRENT SITE-
SPECIFIC REGULATION
REQUESTED
REGULATION
Minimum landscaped
open space Area 45% 42%
Condominium #2 (easterly apartment building)
ZONE REGULATION CURRENT SITE-
SPECIFIC REGULATION
REQUESTED
REGULATION
Minimum Lot Area 80 square metres per
dwelling unit
66.8 square metres per
dwelling units
Minimum Rear Yard Depth 10.2 metres
7.95 metres
Minimum Interior Side
Yard Width
5.34 metres (South)
5.0 metres (south)
Minimum Landscaped
Open Space Area 45% 43.8%
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Condominium #3 (westerly apartment building)
ZONE REGULATION CURRENT SITE-
SPECIFIC REGULATION
REQUESTED
REGULATION
Minimum lot area 80 square metres for each
dwelling unit
65.6 square metres for
each dwelling unit
Minimum rear yard depth 10.2 metres 8.46 metres
Minimum interior side yard
width
7 metres from east and
south property lines
4.05 metres (east)
5 metres (south)
Parking in a front yard
Not permitted without a 1
metre high decorative wall
and 1 metre wide
landscaped strip, subject
to section 4.19
No decorative wall or
landscaped strip required
The requested regulations for the three standard condominiums are technical in nature.
There is a registered site plan agreement on title (SN692101) for the development of 11
stacked and stacked back-to-back townhouse blocks and two 6 storey apartment
buildings. The proposed Zoning By-law amendment complies with the registered Site
Plan agreement. The design and intent of the proposal will not change from what is
currently permitted on the property through the existing site specific R5D-990 zone.
As a result of the proposed condominiums there are now new deficiencies that have been
captured in the table above. The intent of the proposed Zoning By-law amendment and
three Plans of Standard Condominium is to divide the units for individual sale.
5. Condominium Design and Conditions of Approval
The proposed standard plan of condominiums will divide the lands as follows:
• 26CD-11-2022-001 – division of 11 stacked and back-to-back townhouses into
148 units,
• 26CD-11-2022-002 – division of eastern 6 storey apartment building into 82
units, and
• 26CD-11-2022-003 – division of western 6 storey apartment building into 82
units.
26CD-11-2022-001 is proposed to commence in two phases. The first phase includes 72
dwelling units located in Blocks 3, 4, 7, 8, and 9 with 84 parking spaces. The second
phase includes 76 dwellings units located in Blocks 1, 2, 5, 6, 10, and 11 with 89 par king
spaces. The developer will be required to enter into a condominium agreement with the
City for each condominium application. The agreements will address required easements
for access and servicing purposes.
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The proposed development has a registered site plan agreement on title (SN692101).
The proposed Zoning By-law amendment and Condominium applications comply with the
registered Site Plan agreement.
Financial Implications/Budget Impact
The proposed development will provide Cash-in-lieu for Parkland Dedication, Development
Charges and a new tax assessment to the City.
Strategic/Departmental Alignment
This proposal contributes to developing a strong and diverse housing market that includes
accessible housing choices for all residents.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Site Plan
Schedule 3 - Proposed Standard Condominium Boundaries
Schedule 4 - Proposed Standard Condominium 26CD-11-2022-001
Schedule 5 - Proposed Standard Condominium 26CD-11-2022-002
Schedule 6 - Proposed Standard Condominium 26CD-11-2022-003
Appendix A - Conditions for Draft Plan Approval for 26CD-11-2022-001
Appendix B - Conditions for Draft Plan Approval for 26CD-11-2022-002
Appendix C - Conditions for Draft Plan Approval for 26CD-11-2022-003
Written by:
Alexa Cooper, Planner 2
Submitted by: Status:
Andrew Bryce, Manager, Current Planning Approved
- 20 May
2022
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 24 May
2022
Jason Burgess, CAO Approved
- 24 May
2022
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SCHEDULE 1
(Location Map)
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SCHEDULE 2
(Site Plan)
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SCHEDULE 3
(Proposed Standard Condominiums)
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Schedule 4
(Proposed Phased Standard Condominium 26CD-11-2022-001)
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Schedule 5
(Proposed Standard Condominium 26CD-11-2022-002)
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Schedule 6
(Proposed Standard Condominium 26CD-11-2022-003)
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Appendix A
Conditions of Draft Plan Approval for 26CD-11-2022-001
1. Approval applies to the Draft Plan of Condominium (Phased Standard) prepared by J.D.
Barnes Limited printed May 10, 2022, showing 148 unit stacked and stacked, back-to-
back townhouses as well as common element areas for private road and visitor parking.
2. The registration of the plan shall proceed in two phases to the satisfaction of the City. A
separate Condominium Agreement will be required for each phase.
3. The developer enter into a condominium agreement with the City for each phase, to be
registered on title, to satisfy all requirements, financial and otherwise, related to the
division of the land.
4. 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.
5. The developer submits to the City all necessary drawings and information to confirm
zoning and confirm substantial completion and certification of site works for each phase
in accordance with the site plan agreement.
6. That the developer describes all required servicing and access easements in a registered
instrument or shown on a registered or deposited plan.
7. 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
condominium,
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 od subdivision, and
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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.
8. The developer agree in the Plan of Condominium (Standard) Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required
for telecommunication services. Easements may be required subject to final servicing
decisions. In the event of any conflict with existing Bell Canada facilities or easement, the
developer shall be responsible for the relocation of such facilities or easements.
Note: The developer is hereby advised the prior to commencing any work, the developer
must confirm that sufficient wire-line communication/telecommunication infrastructure is
available. In the event that such infrastructure is unavailable, the shall be required to pay
for the connection to and/or extension of the existing communication/telecommunication
infrastructure. If the developer elects not to pay for the above noted connections, then the
developer will be required to demonstrate to the satisfaction of the City that sufficient
alternative communication/telecommunication will be provided to enable, at the minimum,
effective delivery of communication/telecommunication services for emergency
management services (i.e. 911 Emergency Services).
9. The Owner agrees to include the following warning clauses in any agreements of purchase
and sale or lease for the specified units:
a) For Blocks 1, 2, 10, and 11:
i. Purchasers and Tenants are advised that sound levels due to increasing
road and rail traffic may occasionally interfere with some activities of the
dwelling occupancies as the sound levels exceed the Municipality’s and
Ministry of Environment, Conservation and Park’s noise criteria.
ii. Purchasers/Tenants are advised that despite the inclusion of noise control
features in the development and within the building units, sound levels due
to increasing road and rail traffic may occasionally interfere with some
activities of the dwelling occupants as sound levels exceed the
Municipality’s and Ministry of Environment, Conservation and Park’s noise
criteria.
b) For Block 1 end unit:
i. This unit has been supplied with a central air conditioning system which
allows windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the noise criteria of the Municipality and
the Ministry of the Environment, Conservation and Parks.
c) For Blocks 1 (other than end unit), 2, 9, 10, and 11:
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i. This dwelling unit has been fitted with an alternative means of ventilation
and the ducting, etc., was sized to accommodated central air conditioning.
Installation of central air condition will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the
Municipality’s and Ministry of the Environment, Conservation and Park’s
noise criteria (Note: the location and installation of the outdoor air
conditioning device should be done so as to minimize the noise impacts
and comply with the criteria of MECP publication NPC-300 as applicable.).
d) For Block 1 and 10:
i. Purchasers/Tenants are advised that due to the proximity of this dwelling
to the nearby railway tracks, vibration from rail pass-bys may occasionally
be perceptible with this unit.
e) All units:
i. Purchasers are advised that due to the proximity of the existing commercial
and retail facilities, sound levels from these facilities may at time be audible.
ii. CN Rail is satisfied with the noise report prepared by HGC Engineering
dated December 12, 2020. However, the ground vibrations concerns must
be addressed to the satisfaction of CN Rail.
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 Department for Condition 2 to 4, inclusive
Planning Department for Condition 5
Municipal Works for Condition 6
Canada Post for Condition 7
Bell Canada for Condition 8
CN Rail for Condition 9
Page 16 of 22
Page 62 of 292
Appendix B
Conditions of Draft Plan Approval for 26CD-11-2022-002
1. Approval applies to the Draft Plan of Condominium (Standard) prepared by Upper Canada
Consultants dated August 10, 2021, showing 82 apartment dwelling units as well as
common element areas for amenity space, private road 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 division of the land.
3. The developer submits a Solicitor’s Certificate of Ownership for the condominium land to
the City Solicitor prior to the preparation of the condominium agreement.
4. The developer submits to the City all necessary drawings and information to confirm
zoning and confirm substantial completion and certification of site works in accordance
with the site plan agreement.
5. That the developer describes all required servicing and access easements in a registered
instrument or shown on a registered or deposited plan.
6. The owner shall complete to the satisfaction of the Director of Engineering of the City of
Niagara Falls and Canada Post:
a) Include on all offers of purchase and sale, a statement that advises the prospective
purchaser:
i. That the home/business mail delivery will be from a designated Centralized
Mail Box.
ii. That the developers/owners be responsible for officially notifying the
purchasers of the exact Centralized Mail Box locations prior to the closing
of any home sales.
b) The owner further agrees to:
i. Work with Canada Post to determine and provide temporary suitable
Centralized Mail Box locations which may be utilized by Canada Post until
the curbs, boulevards and sidewalks are in place in the remainder of the
condominium,
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 od subdivision, and
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
Page 17 of 22
Page 63 of 292
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.
7. The developer agree in the Plan of Condominium (Standard) Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required
for telecommunication services. Easements may be required subject to final servicing
decisions. In the event of any conflict with existing Bell Canada facilities or easement, the
developer shall be responsible for the relocation of such facilities or easements.
Note: The developer is hereby advised the prior to commencing any work, the developer
must confirm that sufficient wire-line communication/telecommunication infrastructure is
available. In the event that such infrastructure is unavailable, the shall be required to pay
for the connection to and/or extension of the existing communication/telecommunication
infrastructure. If the developer elects not to pay for the above noted connections, then the
developer will be required to demonstrate to the satisfaction of the City that sufficient
alternative communication/telecommunication will be provided to enable, at the minimum,
effective delivery of communication/telecommunication services for emergency
management services (i.e. 911 Emergency Services).
8. The Owner agrees to include the following warning clauses in any agreements of purchase
and sale or lease for the units:
a) Purchasers and Tenants are advised that sound levels due to increasing road and
rail traffic may occasionally interfere with some activities of the dwelling
occupancies as the sound levels exceed the Municipality’s and Ministry of
Environment, Conservation and Park’s noise criteria.
b) Purchasers/Tenants are advised that despite the inclusion of noise control features
in the development and within the building units, sound levels due to increasing
road and rail traffic may occasionally interfere with some activities of the dwelling
occupants as sound levels exceed the Municipality’s and Ministry of Environment,
Conservation and Park’s noise criteria.
c) This unit has been supplied with a central air conditioning system which allows
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the noise criteria of the Municipality and the Ministry of
the Environment, Conservation and Parks.
d) Purchasers/Tenants are advised that due to the proximity of this dwelling to the
nearby railway tracks, vibration from rail pass-bys may occasionally be
perceptible with this unit.
e) Purchasers are advised that due to the proximity of the existing commercial and
retail facilities, sound levels from these facilities may at time be audible.
f) CN Rail is satisfied with the noise report prepared by HGC Engineering dated
December 12, 2020. However, the ground vibrations concerns must be
addressed to the satisfaction of CN Rail.
Page 18 of 22
Page 64 of 292
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 Department for Condition 2 and 3
Planning Department for Condition 4
Municipal Works for Condition 5
Canada Post for Condition 6
Bell Canada for Condition 7
CN Rail for Condition 8
Page 19 of 22
Page 65 of 292
Appendix C
Conditions of Draft Plan Approval for 26CD-11-2022-003
1. Approval applies to the Draft Plan of Condominium (Standard) prepared by Upper Canada
Consultants dated August 10, 2021, showing 82 apartment dwelling units as well as
common element areas for amenity space, private road 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 division of the land.
3. The developer submits a Solicitor’s Certificate of Ownership for the condominium land to
the City Solicitor prior to the preparation of the condominium agreement.
4. The developer submits to the City all necessary drawings and information to confirm
zoning and confirm substantial completion and certification of site works in accordance
with the site plan agreement.
5. That the developer describes all required servicing and access easements in a registered
instrument or shown on a registered or deposited plan.
6. The owner shall complete to the satisfaction of the Director of Engineering of the City of
Niagara Falls and Canada Post:
a) Include on all offers of purchase and sale, a statement that advises the prospective
purchaser:
v. That the home/business mail delivery will be from a designated Centralized
Mail Box.
vi. 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
condominium,
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 od subdivision, and
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
Page 20 of 22
Page 66 of 292
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.
7. The developer agree in the Plan of Condominium (Standard) Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required
for telecommunication services. Easements may be required subject to final servicing
decisions. In the event of any conflict with existing Bell Canada facilities or easement, the
developer shall be responsible for the relocation of such facilities or easements.
Note: The developer is hereby advised the prior to commencing any work, the developer
must confirm that sufficient wire-line communication/telecommunication infrastructure is
available. In the event that such infrastructure is unavailable, the shall be required to pay
for the connection to and/or extension of the existing communication/telecommunication
infrastructure. If the developer elects not to pay for the above noted connections, then the
developer will be required to demonstrate to the satisfaction of the City that sufficient
alternative communication/telecommunication will be provided to enable, at the minimum,
effective delivery of communication/telecommunication services for emergency
management services (i.e. 911 Emergency Services).
8. The Owner agrees to include the following warning clauses in any agreements of purchase
and sale or lease for the units:
a) Purchasers and Tenants are advised that sound levels due to increasing road and
rail traffic may occasionally interfere with some activities of the dwelling
occupancies as the sound levels exceed the Municipality’s and Ministry of
Environment, Conservation and Park’s noise criteria.
b) Purchasers/Tenants are advised that despite the inclusion of noise control features
in the development and within the building units, sound levels due to increasing
road and rail traffic may occasionally interfere with some activities of the dwelling
occupants as sound levels exceed the Municipality’s and Ministry of Environment,
Conservation and Park’s noise criteria.
c) This unit has been supplied with a central air conditioning system which allows
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the noise criteria of the Municipality and the Ministry of
the Environment, Conservation and Parks.
d) Purchasers/Tenants are advised that due to the proximity of this dwelling to the
nearby railway tracks, vibration from rail pass-bys may occasionally be
perceptible with this unit.
e) Purchasers are advised that due to the proximity of the existing commercial and
retail facilities, sound levels from these facilities may at time be audible.
f) CN Rail is satisfied with the noise report prepared by HGC Engineering dated
December 12, 2020. However, the ground vibrations concerns must be
addressed to the satisfaction of CN Rail.
Page 21 of 22
Page 67 of 292
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 Department for Condition 2 and 3
Planning Department for Condition 4
Municipal Works for Condition 5
Canada Post for Condition 6
Bell Canada for Condition 7
CN Rail for Condition 8
Page 22 of 22
Page 68 of 292
6705 Cropp Street, and 4735 & 4737 Pettit Avenue –AM-2022-006
Applicant: Winzen Niagara Homes Ltd. Agent: Upper Canada Consultants
Proposal:To rezone the land to three site specific R5D zones to facilitate the creation
of three separate Condominium Corporations
Zoning By-law Amendment Applications
AM-2022-006 –Cropp St & Pettit Ave
Page 69 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Location
PROPOSED
DEVELOPMENT
Single Detached
Dwellings
Commercial Uses
Semi-Detached
Dwellings
Single Detached
Dwellings
Semi-Detached
Dwellings
Townhouse
Dwellings
Townhouse
DwellingsCN Rail
Industrial Uses
Page 70 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Background
•The subject land is zoned a site-specific Residential Apartment 5D (R5D-990)
Density which permits for 312 units consisting of two 6 storey apartment dwellings
and 11 stacked and back-to-back townhouse dwellings. A site plan agreement was
registered on title in July 2021 to implement this development.
•The application requests the subject land to be rezoned to 3 separate site-specific
Residential Apartment 5D (R5D) Density zones to facilitate the creation of three
Condominium Corporations.
•The rezoning is technical in nature. It proposes to recognize site specific
requirements created by the proposed Condominium Corporation lines. These site
specifics are detailed on the following slides.
•There are no changes proposed for the number of units, parking spaces, or building
locations from the registered site plan.Page 71 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Registered Site Plan
6 storey apartment building,
164 units total, 82 units/building
6 Stacked townhouse blocks,
68 units total, units vary/block
6 Stacked & back-to-back
townhouse blocks, 80 units
total, units vary/block
Total: 312 dwelling units
Page 72 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Condominium Corporations
Page 73 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning –R5D-XX (Condo 1)
42.4% Landscaped
Open Space (45% req’d)Page 74 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning –R5D-XX (Condo 2)
66.8 sq.m. per unit
(req’d 80 sq.m. per unit)7.95m rear yard
(10.2m req’d)
5.0m interior (south) side
yard setback (10.2m req’d)
43.8% Landscaped
Open Space (45% req’d)Page 75 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning –R5D-XX (Condo 3)
65.6 sq.m. per unit
(req’d 80 sq.m. per unit)
5.0m interior (south) side
yard setback (10.2m req’d)
43.8% Landscaped
Open Space (45% req’d)
8.46m rear yard
(10.2m req’d)
4.05m interior (east) side
yard (10.2m req’d)
Parking in Front Yard without screening
(1m high decorative wall + 1m wide
landscape strip req’d)Page 76 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Open House –May 4
Comment/Concern Staff Response
•Parking on Cropp St •Parking Control operates on a complaint basis. Parking is not
permitted under certain circumstances outlined in report PBD-
2022-42
•Transportation will be conducting a study to see if restricting
parking to one side of Cropp St is warranted
•Road Upgrades in
Surrounding Area
•Cropp and Pettit will be resurfaced once construction is
complete
•Dirt and dust on roads
from construction
•The comment has been noted and the agent has been made
aware. This is enforced through the registered Subdivision
Agreement.Page 77 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•The proposal conforms to Provincial, Regional and Local policies
•Staff have no concerns with the requested zoning exceptions as the intent is to
facilitate three separate condominium corporations as they will continue to comply
with the registered site plan
•Staff support the application as detailed in report PBD-2022-42.Page 78 of 292
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the proposed
rezoning to facilitate the 3 standard
condominium applications as detailed in
report PBD-2022-42
Page 79 of 292
CANNERY DISTRICT –PHASE 2
CITY OF NIAGARA FALLS
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF CONDOMINIUM
Matt Kernahan, MCIP, RPP
Planning Manager
Upper Canada Consultants
Page 80 of 292
Page 81 of 292
Proposed Condominiums
Condo 1Condo 3
Condo 2
Page 82 of 292
Zoning By-Law Amendment
Page 83 of 292
Questions?
Condo 1Condo 3
Condo 2
Page 84 of 292
From:Angelo Sorbara <
__
Sent:Wednesday,May 4,2022 10:42 AM
To:Alexa Cooper <acooper@niagarafalls.ca>
Subject:[EXTERNAL]-Noticeof application ~Cropp /Pettit Ave
Hi
Notice of application -Cropp /Pettit Ave
Proposed amendment
NO to decreased lot area.
NO to Lot frontage.
No to interior side yard width
No to rear yard depth.
No to Parking spaces.
No to landscaped open space.
No to the increased number of apartments and dwellings on one lot.
No to parking in a front yard.
Taking away green space with all these new changes is unacceptable.
Havoc during the winter month of snow removal on Cropp Street,cars parked on Cropp.I had to take an
alternate route to get to work.Snow plows could not clean the roads properly because of the amount of
cars parked overnight on Cropp.
If I park overnight on Heather Ave 1get ticketed by the city.Why don't these cars get ticketed during
winter months??
Thank you for your time.
l
Angelo Sorbara
Sr.Data Center FacilitiesCo—ordinator
Info &Trading Technologies
1'.
C-l
email-Page 85 of 292
From:Lorenzo Miano <___
Sent:Tuesday,May 3,2022 8:36 PM
To:Alexa Cooper <acooper@niagarafalls.ca>
Subject:[EXTERNAL]—ref:Zoning By-law AmendmentApplication -City File:AM—2022-O06Winzen
construction on Cropp St./Pettit Avenue
Hello 2
I ,Lorenzo Giuseppe Miano on .'am in disagreement and opposing with the
new zoning application for construction on 6705 Cropp St.,4735 &4737 Pettit Avenue by
Winzen Niagara Homes Ltd.
Assessment RollNo.2725~O50~0O4—17312
Zoning By—|awAmendment Application ~City File:AM—2022—OO6
thank you,sincerely
Lorenzo Miano
Page 86 of 292
From:fabio miano <,
4
Sent:Tuesday,May 3,2022 8:27 PM
To:Alexa Cooper <acooper@niagarafalls.ca>
Subject:[EXTERNAL]—ref:Zoning By—lawAmendmentApplication~City File:AM-2022-006Cropp Streetl
Pettit Ave.
Greetings :
l,Fabio Miano .am in disagreement and opposing with the new zoning
application for constructionon 6705 Cropp St.,4735 &4737 Pettit Avenue by Winzen Niagara
Homes Ltd.
Assessment RollNo.2725-OSO—0O4—17312
Zoning By-lawAmendment Application —City File:AM~2022~O06
I would also like to pre—registerto participate in the Remote Electronic Open House scheduled
for Wednesday,May 4,2022 at 5:00 PM
thank you,sincerely
Fabio Miano
Page 87 of 292
.i..________________________________
From:RichardGordon -
Sent:Tuesday,April26,2022 9:15 AM
To:AlexaCooper
Subject:[EXTERNAL]-ZoningBy—LawAmendmentfor 6705 Cropp Street St 4735 814737 Pettit
Ave
Follow Up Flag:Followup
Flag Status:Flagged
Good Morning
We are responding to vote NO to any amendment changes.
Making decreased land area,lot frontage,interior side yard width ,rear yard depth,parking spaces,landscaped open
space ,increasednumber of apartment dwellings on one lot and parking in a front yard is too much.
Already with the sardine style of housing that has been built on Cropp Street and Pettit Ave.we have cars parked on
both sides of the road,making at times travel on these streets for automobiles,Garbage trucks,Fire Trucks and
Emergency Vehicles very difficult.
We used to get parking tickets for parking on the road between 2am and 6am but now this is wide open.Imagine with
all the new units being built with less parking,green space etc.what kind of situation we will have.
When the property development was approved in the first place ,the developers agreed to the plan and now they just
want to cram in as much as possiblefor money reasons.Please vote this down.
The City of Niagara Fallsshould not bow to any amendments.
You are turning our neighbourhoodinto a Jungle.
Our services are getting overwhelmed.Our neighbourhoodfeeling is disappearing thanks to the city and need to get
more tax dollars.
V
Why did you not just let a developer build a neighbourhoodlike the surrounding area consistedof?Money,that why!
Hopefullyyou make the correct decision.
Thanks,Kate and RichardGordon
Niagara Falls,Ontario
Sent from my iPad
CAUTION:This email originated from outside of the organization.Do not clicklinks or open attachments unless you
recognize the sender and know the content is safe.Page 88 of 292
A Gail Piazza,of t,Contact me this morning with the following comments/concerns:
Does not want the applicant to receive any further Zoning approvals
Has expressed concerns about the number of vehicles parking on Cropp Street
Has noted she has filed complaints with By-lawenforcement about the use of certain existing
dwellings on the north side of Cropp Street being used as bed and breakfasts without the owner
present.
Can you please have these comments includedin the Council agenda.Page 89 of 292
l
Ei
From:Lindsay Marshall <
Sent:Friday,May 6,2022 9:07 AM
To:Alexa Cooper <acooper@niagarafalls.ca>
Subject:[EXTERNAL]~haveyour say,zoning bylaw 4735 &4737 Pettit Ave
hello,I hope this email finds you well,
sorry for the delay.
as a home owner on i
on our street.
my only major concerns for the influx of residency is the traffic flow
currently it is one of the only streets that allows you to by pass the train track,so we get a lot of people
cutting through.
parking has become congested on our street.I believe one sided street parking (north side of the street)
should be allowed.This would allow both sides of traffic to pass without interruption or weaving.
I also believe that the dead end street of Pettit that leads to the pedestrian cross on Morrison,should be
turned into a push button with lights cross walk as it is not always accompanied by a crossing guard.
the 3 way stop on cropp should be a light,not all motorists come to a complete stop and it is a family
neighbourhood with many small children.this would allow for flow of traffic through cropp,with a
sensor to allow residents to exit the complex being built.
thank you for hearing our concerns,
hopefully they will be considered.
thanks,
Lindsay Marshall
“Resident.Page 90 of 292
CLK-2022-11
Report
Report to:
Date: May 31, 2022
Title:
Fee Waiver Applications -
-Downtown Board of Management - Heart Niagara Picnic on
Q
-Project Share - Tow Your Weight
Recommendation(s)
That Council approve the Fee Waiver Application for:
1)Downtown Board of Management - Heart Niagara Picnic on Q - in the amount of
$242.67 for the waiving of the road closure costs (staff and equipment).
2) Project Share - Tow your Weight for Project Share - in the amount of $237.09 for the
waiving of the floor rental at the Gale Centre.
3) That Council acknowledge the out of budget expenditure (if approved, the fee waiver
budget would be over-budget by $12,732.81) and to have Staff find a positive varian ce
to help fund this budgetary overrun.
Executive Summary
Niagara Falls City Council adopted the Council Discretionary Spending report on
February 12, 2019. This included the Fee Waiver Policy that accompanied the report.
The City of Niagara Falls is committed to supporting volunteer, community-based
organizations in order to maintain a quality of life for its residents. This policy aims to
protect the City’s assets, interests, goals, facilities, programs and services while also
ensuring that festivals and events grow and prosper, positively impacting the quality of
life of Niagara Falls residents.
The financial scope of this policy is limited to the Council approved budgetary amount
for the corresponding year. The City of Niagara Falls will waive fees to eligible
applicants to help offset the fee(s) that would have been charged by the City related to
the delivery or presentation of a festival or event. Examples of City fees that can be
waived include, but are not limited to:
•Park permit fees
•Rental of City Property
•Road Closure Fees
•Staffing costs outside normal operations
Page 1 of 14
Page 91 of 292
Eligible groups must be not-for-profit organizations which demonstrate a degree of
community support and representation including, but not limited to:
•Registered charities
•Arts and culture organizations
•Athletic and social clubs
•Service clubs
•Neighbourhood groups and organizations,
•School associations
Background
A review of the attached completed Fee Waiver Application from the Downtown Board
of Management, for the Heart Niagara Picnic on Q, shows that the request is for a total
cost of $242.67. This request would entail the waiving of the cost for the road closure
fees.
A review of the application depicts that the organization is a not-for-profit incorporated
group, which is in keeping with the intent of the policy.
The Event Description details the following:
• The event will take place on Monday, June 13, 2022 from 5:30 pm - 8:00 PM.
• Picnic on Q will create an opportunity for all members of the community to come
and eat together. There will be musical entertainment and a play zone that
includes street games such as human checkers, skipping ropes, hopscotch and
basketball which will enhance the participant's experience.
• This event will provide space for the community to gather in a fun environment
that supports their community and its members. This event will provide a great
economic opportunity for our local businesses through the partnership for
prearranged dinners for participants.
• All proceeds from this event are being given back to the Healthy Heart School
Program.
A review of the attached completed Fee Waiver Application from Project Share for the
"Tow Your Weight" events shows that the request is for a total cost of $237.09 to waive
the floor rental fee at the Gale Centre for the event on Saturday, July 30, 2022 from
10:00 AM - 1:00 PM.
A review of the application depicts that the event is a unique fundraising opportunity that
will provide residents an opportunity to participate in a fun, active activity to support our
most vulnerable neighbours in need. All proceeds from this fundraising event will
support Project Share's emergency food program which supports an average of 100
families everyday.
The event will help to improve food security, and increase community support of our
less fortunate neighbours through a fun, social event. The event will increase the
awareness of Project Share's services and help garner long term support by building
relationships with new donors and event participants.
Page 2 of 14
Page 92 of 292
Financial Implications/Budget Impact
If approved, the $479.76 fee waiver total would be withdrawn from the $51,000.00
allocated from the 2022 operating budget.
Organization/ Event Fees Waived By Council (2022)
2022 Budget - Fee Waiver Requests $51,000.00
Women's Place of Niagara - 43rd Annual
Book Riot $6,243.04
Start Me Up - Out of the Cold Program $18,000.00
Gateway of Niagara - "Niagara Assertive
Street outreach" $3,600.00
Fallsview BIA - Ontario BIA Conference $2,276.95
Niagara Kids Business Fair- (Olivia & Ian
Hearth) $683.16
ATU Can Am Conference $1,000.00
Cruising the Q - Downtown Board of
Management $11,845.62
Crazy Macaws Bike Night $9,145.26
Chippawa Volunteer Slo Pitch
Tournament & SPN Arena Floor Use $7,121.40
2022 Niagara Falls Rotary Ribfest $325.00
Niagara Children's Centre - Plasma Car
Race $368.42
Hockey Canada Foundation Gala & Golf $2,644.20
Total Approved for 2022 $63.253.05
Requests for Consideration:
Heart Niagara Picnic on Q - Downtown
Board of Management $242.67
Project Share - Tow Your Weight $237.09
Total if approved in this report $63,732.81
List of Attachments
Fee Waiver ApplicationHeart Niagara Picnic on Q
Heart Niagara Picnic on the Q 2022 - Road Closure
Fee Waiver Applictation - Project Share
Written by:
Heather Ruzylo, Clerks & Council Services Coordinator
Page 3 of 14
Page 93 of 292
Submitted by: Status:
Bill Matson, City Clerk Approved
- 24 May
2022
Jason Burgess, CAO Approved
- 25 May
2022
Page 4 of 14
Page 94 of 292
W Fee Waiver Application Form
Niagara
,l)
Applicant Information
Name of?vent;Heart Niagara Picnic on Q
Organization Name;Downtown Board of Management
Organization Address:Queen Street
City:Niagara Falls posta|code;L2E 2L7
Amanda Nicol-MacDonald I Grace Beaman Executive Director/Events AssistantContactName:Position:
Phone Number (days):Phone Number (evenings):
Email:amanda@downtownniagarafal|s.com /events@downtownniagarafal|s.com Website:n IIS _
Type of Organization:
Not-for~profit Incorporation #:
Charitable Organization Registration #:
I Other (please specify):
Waiving of Fees
The City of Niagara Falls will waive fees that would have been charged by the City for eligible non—profitgroups
or organizations that provide programs,services or events that are of a general benefit to the community.Fee
Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving of fees
is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget.
Examples of City fees that can be waived include,but are not limited to:
-Park permit fees
-Rental of City Property
-Road Closure Fees
-Staffing costs outside normal operations
The City of Niagara Falls Rates &Fees can be found on the City’s website at:
Note:Insurance fees will not be waived.Page 1 of4Page 5 of 14Page 95 of 292
W Fee Waiver Application Form
Niagarafall
("ANA DA
Form Submission Information
Applications can be submitted by email to:clerk@niagarafa||s.ca
In person or by mail to:City Hall
4310 Queen Street
Niagara Falls,ON L2E 6X5
Clerks Department
Hours:8:30am —4:30pm
Activity or Event Information
Amount of Request:
Fees to be Waived (i.e.facility rental,park permit,etc.):Road Closure fees’Staffing c°StS (Collection of garbage)
Dates and Times,Monday,June 13,2022 5:30pm-8:00pm
Purpose of Event:Street Fest“/a|
Number of People Expected:Admission Fee (If applicable):
Are you serving food?Yes Are you serving alcohol?NO
Activity or Event Description
1.How will your activity or event enhance recreation and community servicesinthe City of Niagara
Falls?
Picnic on Q will create an opportunity for all members of the community to come and eat together.There
will be musical entertainment and a play zone that includes street games such as human checkers,
skipping ropes,hopscotch and basketball to will enhance participants‘experience.
2.Please describe the projected social,cultural,economic and environmental impact that the activity or
event will have on the City and its residents.
businesses through the partnership for prearranged dinners for participants.Page 2 of 4Page 6 of 14Page 96 of 292
W Fee Waiver Application Form
N iagarafulls
('AN.\l).\
3.What will the impact on the event be if the fee is not waived?
All proceeds of this event are being given back to the Healthy Heart School Program.If the fees are
not waived,it would take away from donations going to this program which gives back to the
community.
4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships)
All funds for this event are coming from registration fees.
5.What features will you have in place to ensure that your event is accessible to all residents (residents
with disabilities)?
This event will be accessible for all participants who participate.This includes providing wheel—chair
accessibility parking as well as accessible washrooms in the restaurants and businesses
participating in this event.
Application Checklist
Please submit one copy of each of the following documents.
Mandatory Documents
A detailed budget,showing revenues and expenditures
Documents relating to City rental permit (if applicable):
0 Dates,times and location of event
0 All City fees associated with the event
Confirmation letter from charity (if applicable):
0 For special events whereby a portion or all of the proceeds are being donated to charity,a
confirmation letter from that charity must accompany the application
For Internal Use Only:
Road closure costs (staff and equipment)$24257Completedby:'\l\alE€?I’hhaeg;Ver!:D’i'|l'()rg?g‘tl§ortationEngineerin!signature:Page 3 of 4Page 7 of 14Page 97 of 292
W Fee Waiver Application Form
N iagara?all
(‘Al’\.\l).‘\
Authorization for Application
On behalf of,and with the authority of,the above—mentionedorganization,we certify that the informationgiven
in this application for waiving of City fees is true,correct and complete in every respect.
CDONALD Amanda Nicol-MacDonald,Executive Director May 9,2022
Signature of Senior Staff Person Name and Title Date
r"':—Ron Charbonneau,Chariman of the Board May 9,2022
Signature of Board ChairlRepresentative Name and Title Date
Personal Information Consent
Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with
MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers
and will be made available to the members of City Council and staff and used for administrative purposes.
information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City
reserves the right to verify all information contained in submissions.
Questions regarding the collection,use and disclosure of this personal information may be directed to the City
Clerk,Bill Matson,at bmatson@niagarafa|ls.ca
By completing this application form,you consent to the collection and disclosure of your personal information,
and to its use by the City of Niagara Falls,as described above.
Page 4 of 4Page 8 of 14Page 98 of 292
Heart Niagara Picnic on Q 2022 - Road Closure
Erie AvePage 9 of 14Page 99 of 292
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Gale Centre rink #1 floor rental $209.81 plus tax
TOTAL - $237.09
Rob McDonald
Page 12 of 14
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F-2022-26
Report
Report to: Mayor and Council
Date: May 31, 2022
Title:
Corporation of the City of Niagara Falls, Ontario – Trust
Funds
Financial Statements December 31, 2020
Recommendation(s)
That Council approve the draft trust funds financial statements for the year ended,
December 31, 2020, the 2020 draft post-audit letter and the 2020 draft management
letter.
Executive Summary
The City’s auditors, Crawford, Smith & Swallow, has completed the audit of the trust
funds financial statements for the year ending December 31, 2020. This report is the
presentation of those statements for Council’s review and endorsement. The statements
are presented in draft form so that Council can approve them. The statements will then
be finalized and published.
Background
The City of Niagara Falls is required to have an annual audit conducted by a qualified
accounting firm to meet its obligations legislatively and for the banking covenants. The
City has engaged Crawford, Smith & Swallow to perform the audit and they have issued
an opinion on the financial statements.
List of Attachments
(Draft) Audited Corporation of the City of Niagara Falls, Ontario - Trust Funds Financial
Statements December 31, 2020
2020 Draft Trust Funds Management Letter
2020 Draft Trust Funds Post Audit Letter
Written by:
James Dowling, Manager of Capital Accounting
Submitted by: Status:
Jon Leavens, Acting Director of Finance Approved
- 19 May
2022
Page 1 of 18
Page 105 of 292
Jason Burgess, CAO Approved
- 24 May
2022
Page 2 of 18
Page 106 of 292
CORPORATION OF THE CITY OF
NIAGARA FALLS, ONTARIO -
TRUST FUNDS
Financial Statements
December 31, 2020
DRAFTPage 3 of 18
Page 107 of 292
CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO -
TRUST FUNDS
Financial Statements
December 31, 2020
Table of Contents
Page
Management Report 1
Independent Auditors' Report 2-4
Statement of Financial Position 5
Statement of Financial Activities and Changes in
Fund Balances 6
Notes to Financial Statements 7
DRAFTPage 4 of 18
Page 108 of 292
CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO -
TRUST FUNDS
MANAGEMENT REPORT
December 31, 2020
The accompanying financial statements of the Corporation of the City of Niagara Falls, Ontario -
Trust Funds (the "Municipality") are the responsibility of the Municipality's management and have
been prepared in accordance with Canadian public sector accounting standards established by the
Public Sector Accounting Board of the Chartered Professional Accountants of Canada, as
described in Note 1 to the financial statements.
The preparation of financial statements necessarily involves the use of estimates based on
management's judgement, particularly when transactions affecting the current accounting period
cannot be finalized with certainty until future periods.
Municipality management maintains a system of internal controls designed to provide reasonable
assurance that assets are safeguarded, transactions are properly authorized and recorded in
compliance with legislative and regulatory requirements and reliable financial information is
available on a timely basis for preparation of the financial statements. These systems are monitored
and evaluated by management.
Council meets with management and the external auditors to review the financial statements and
discuss any significant financial reporting or internal control matters prior to their approval of the
financial statements.
The financial statements have been audited by Crawford Smith & Swallow Chartered Professional
Accountants LLP, independent external auditors appointed by the Municipality. The accompanying
Independent Auditors' Report outlines their responsibilities, the scope of their examination and their
opinion on the Municipality's financial statements.
________________________________________________________
Jim Diodati Jason Burgess
Mayor Chief Administrative Officer
May XX, 2022 May XX, 2022
1DRAFT
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INDEPENDENT AUDITORS' REPORT
To the Members of Council, Inhabitants and Ratepayers
of the Corporation of the City of Niagara Falls, Ontario - Trust Funds
Opinion
We have audited the accompanying financial statements of the Corporation of the City of Niagara
Falls, Ontario - Trust Funds, which comprise the statement of financial position as at December 31,
2020, and the statement of financial activities and changes in fund balances for the year then ended,
and notes to the financial statements, including a summary of significant accounting policies.
In our opinion, the accompanying financial statements present fairly, in all material respects, the
financial position of the Corporation of the City of Niagara Falls, Ontario - Trust Funds as at
December 31, 2020, and the results of its operations and changes in fund balances for the year then
ended in accordance with Canadian public sector accounting standards.
Basis for Opinion
We conducted our audit in accordance with Canadian generally accepted auditing standards. Our
responsibilities under those standards are further described in the Auditors' Responsibilities for the
Audit of the Financial Statements section of our report. We are independent of the organization in
accordance with the ethical requirements that are relevant to our audit of the financial statements in
Canada, and we have fulfilled our other ethical responsibilities in accordance with these
requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to
provide a basis for our opinion.
Responsibilities of Management and Those Charged with Governance for the Financial
Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with Canadian public sector accounting standards, and for such internal control as
management determines is necessary to enable the preparation of financial statements that are free
from material misstatement, whether due to fraud or error.
2DRAFT
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In preparing the financial statements, management is responsible for assessing the organization'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
organization or to cease operations, or has no realistic alternative but to do so.
Those charged with governance are responsible for overseeing the organization's financial reporting
process.
Auditors' Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole
are free from material misstatement, whether due to fraud or error, and to issue an auditors' report
that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee
that an audit conducted in accordance with Canadian generally accepted auditing standards will
always detect a material misstatement when it exists. Misstatements can arise from fraud or error
and are considered material if, individually or in the aggregate, they could reasonably be expected
to influence the economic decisions of users taken on the basis of these financial statements.
As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise
professional judgment and maintain professional skepticism throughout the audit. We also:
a)Identify and assess the risks of material misstatement of the financial statements, whether
due to fraud or error, design and perform audit procedures responsive to those risks, and
obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion.
The risk of not detecting a material misstatement resulting from fraud is higher than for one
resulting from error, as fraud may involve collusion, forgery, intentional omissions,
misrepresentations, or the override of internal control.
b)Obtain an understanding of internal control relevant to the audit 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 organization's internal control.
c)Evaluate the appropriateness of accounting policies used and the reasonableness of
accounting estimates and related disclosures made by management.
d)Conclude on the appropriateness of management's use of the going concern basis of
accounting and, based on the audit evidence obtained, whether a material uncertainty exists
related to events or conditions that may cast significant doubt on the organization's ability
to continue as a going concern. If we conclude that a material uncertainty exists, we are
required to draw attention in our auditors' report to the related disclosures in the financial
statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions
are based on the audit evidence obtained up to the date of our auditors' report. However,
future events or conditions may cause the organization to cease to continue as a going
concern.
e)Evaluate the overall presentation, structure and content of the financial statements,
including the disclosures, and whether the financial statements represent the underlying
transactions and events in a manner that achieves fair presentation.
We communicate with those charged with governance regarding, among other matters, the planned
scope and timing of the audit and significant audit findings, including any significant deficiencies in
internal control that we identify during our audit.
3DRAFT
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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
May XX, 2022 CRAWFORD SMITH & SWALLOW
CHARTERED PROFESSIONAL ACCOUNTANTS LLP
LICENSED PUBLIC ACCOUNTANTS
4DRAFT
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CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO -
TRUST FUNDS
STATEMENT OF FINANCIAL POSITION
December 31, 2020
(In thousands of dollars)
Cemetery
Perpetual
Total Care Other
$$$
Assets
Cash 697 684 13
Investments - note 2
Federal 1,622 1,622
Provincial 1,206 1,206
Corporate 980 979 1
3,808 3,807 1
HST receivable 1 1
Due from Municipality
operating fund 8 8
9 9
4,514 4,500 14
Liabilities and Fund
Balances
Due to Municipality
operating fund 1 1
Fund balances 4,513 4,500 13
4,514 4,500 14
.
Signed on behalf of the Municipality:
_____________________________ Mayor
_____________________________ Chief Administrative Officer
See accompanying notes
5DRAFT
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CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO -
TRUST FUNDS
STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND
BALANCES
for the year ended December 31, 2020
(In thousands of dollars)
Cemetery
Perpetual
Total Care Other
$$$
Balance, Beginning of Year 4,311 4,297 14
Receipts
Cemetery lot receipts 203 203
Interest 170 167 3
373 370 3
Expenditures
Cemetery care 170 167 3
Transfer to operating fund 1 1
171 167 4
Excess (Deficiency) of Receipts
over Expenditures 202 203 (1)
Balance, End of Year 4,513 4,500 13
See accompanying notes
6DRAFT
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CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO -
TRUST FUNDS
NOTES TO FINANCIAL STATEMENTS
for the year ended December 31, 2020
1. Significant Accounting Policies
The financial statements of the Municipality's trust funds 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.
Basis of accounting
Revenues and expenses are reported on the accrual basis of accounting.
Investments
Investments are recorded at cost.
2. Investments
Trust fund investments of $3,807,624 ($3,533,404 -2019) have a market value as at
December 31, 2020 of $4,063,056 ($3,602,480 -2019) and an original cost of $3,807,624
($3,533,404 -2019). Investments consist of Government of Canada treasury bills and crown
corporation bonds, provincial government bonds, Canadian corporate bonds and Canadian
bank shares.
3. Other Trust Funds
2020 2019
$$
Trust for land sales 1,061
Rigg Estate 500 500
W. L. Doran Estate 1,000 1,000
Moore Estate 1,200 1,200
McNiven Estate 500 500
McDonald Estate 400 400
Woodruff Estate 8,295 8,295
Coulsen Estate 300 300
Wilson Estate 500 500
C. J. Doran Estate 500 500
13,195 14,256
7DRAFT
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May XX, 2022
Corporation of the City of Niagara Falls, Ontario
Trust Funds
4310 Queen Street
Niagara Falls, Ontario
L2E 2L1
Attention: Mayor Jim Diodati and Members of Council
Dear Sirs:
We have now completed our examination of the financial statements of the Corporation of the
City of Niagara Falls, Ontario – Trust Funds (the “Trust Funds”) for the period of January 1,
2020 to December 31, 2020.
Scope of Examination
As stated in our report dated May XX, 2022 addressed to the Members of Council, Inhabitants
and Ratepayers of the Corporation of the City of Niagara Falls, Ontario, the financial statements
are the responsibility of management. Our responsibility is to express an opinion on the
financial statements based on our audit. In our opinion, the financial statements present fairly,
in all material respects, the financial position of the Corporation of the City of Niagara Falls,
Ontario – Trust Funds as at December 31, 2020 and the results of its operations, and changes in
fund balances for the year then ended in accordance with Canadian public sector accounting
standards (“PSAB”).
We were provided with full co-operation and no limitations of any kind were placed on the
scope of our examination.
Intent of the Management Letter
The post audit management letter is intended to provide an additional professional service of the
auditor as a direct by-product of the audit. We are pleased to offer the comments that follow as
a service to the Trust Funds.
The management letter should communicate the following general explanations:
·the recommendations arise out of normal audit work related to the expression of an
opinion on the financial statements and do not constitute a complete report on internal
control;DRAFTPage 12 of 18
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- 2 -
·normal audit work will not detect all internal control weaknesses;
·the audit procedures performed were as extensive as necessary for audit report purposes;
·suggestions or comments concern systems only and are not intended to reflect on the
competence or integrity of personnel;
·there are inherent limitations to any system of internal control;
·internal controls should be evaluated annually.
Current Observations
Employee Payment Plan Program – December 31, 2020
As part of our audit procedures, we noted a contract for cemetery services from 2017 that was
paid via the Employee Payment Plan Program and not recorded until fiscal 2020. Per our
discussion with staff, this was the first instance where an employee applied for cemetery
services under this program. It is our understanding that staff have implemented procedures to
ensure that this type of contract is recorded in the year in which the contract was signed.
Previous Observations
Contracts for Cemetery Services – December 31, 2019
As part of our audit procedures, we noted one instance where a contract for cemetery services
was missing a signature by the cemetery staff. During our 2020 audit, we also noted an
additional contract for cemetery services that was not signed by the cemetery staff. We
recommend that all contracts be reviewed to ensure that all areas requiring signatures have been
completed.
This communication is prepared solely for the information of the Trust Funds and is not
intended for any other purpose. We accept no responsibility to a third party that relies on this
communication.
We would like to take this opportunity to thank the staff for all their assistance and co-operation
during our audit. Should you wish to discuss the above matters further, please contact our
office at your convenience.
Yours very truly,
CRAWFORD SMITH & SWALLOW
CHARTERED PROFESSIONAL ACCOUNTANTS LLP
Christine Morrow, CPA, CA
Engagement Partner
CPM DRAFTPage 13 of 18
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May XX, 2022
Members of Council
Corporation of the City of Niagara Falls, Ontario - Trust Funds
4310 Queen Street
Niagara Falls,Ontario
L2E 6X5
Dear Members of Council:
The following is the communication of matters arising from the audit of Corporation of the City of
Niagara Falls, Ontario - Trust Funds (the "Trust Funds") for the year ended December 31, 2020
required under Canadian Auditing Standards 260 and 265 of the CPA Canada Handbook. This list
is not meant to be all-inclusive, nor in any way to restrict the communication of other matters.
Completion of External Audit
The responsibilities of the auditors in relation to the financial statements is to form and express an
opinion on the financial statements which have been prepared by management with the oversight of
those charged with governance. The audit of the financial statements does not relieve management
or those charged with governance of their responsibilities. We have expressed an unqualified
opinion as to whether the financial statements present fairly in accordance with Canadian public
sector accounting standards the financial position and statement of financial activities and changes
in fund balances of the Trust Funds.
The audit was conducted from April 1, 2022 to May XX, 2022.
Fraud
Auditors' Responsibilities Relating to Fraud in an Audit of Financial Statements, CPA Canada
Handbook CAS 240, defines fraud as "an intentional act by one or more individuals among
management, employees, those charged with governance, or third parties, involving the use of
deception to obtain an unjust or illegal advantage". Although fraud is a broad legal concept, the
auditor is concerned with fraudulent acts that cause a material misstatement in the financial
statements. Misstatement of the financial statements may not be the objective of some frauds, and
misappropriation of assets may not necessarily result in a misstatement of the financial statements.
Auditors do not make legal determinations of whether fraud has actually occurred. Fraud involving
one or more members of management or those charged with governance is referred to as
"management fraud"; fraud involving only employees of the entity is referred to as "employee
fraud". In either case, there may be collusion with third parties outside the entity.
We confirm that there were no findings of fraud to communicate to the Members of Council.DRAFTPage 14 of 18
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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 omission or commission
by the entity, either intentional or unintentional, which are contrary to the prevailing laws or
regulations. Such acts include transactions entered into by, or in the name of, the entity, or on its
behalf, by those charged with governance, management or employees. Non-compliance does not
include personal misconduct (unrelated to the business activities of the entity) by those charged
with governance, management or employees of the entity." As explained in CPA Canada CAS 250,
auditors conducting an audit in accordance with Canadian generally accepted auditing standards
must obtain a general understanding of the legal and regulatory framework applicable to the entity
and the industry of sector in which the entity operates and how the entity is complying with that
framework. To do this the auditors inquire of management, and where appropriate those charged
with governance, as to whether the entity is in compliance with such laws and regulations and
inspecting correspondence, if any, with the relevant licensing or regulatory authorities. Although
the auditors are required to remain alert to the possibility that other audit procedures applied may
bring instances of non-compliance or suspected non-compliance with laws and regulations to the
auditor's attention, in the absence of identified or suspected non-compliance the auditors are not
required to perform audit procedures regarding the entity's compliance with laws and regulations.
We confirm that no evidence which indicates non-compliance with laws and regulations was
found.
Weaknesses in Internal Control
Internal Control in the Context of an Audit, CPA Canada Handbook CAS 265, provides the
following guidance concerning the communication of significant weaknesses in internal control:
CPA Canada Handbook CAS 265.11 In conducting the audit, the auditors would consider only
those "internal controls relevant to the preparation of the 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 internal control". An audit is not designed to consider whether
internal control is adequate for management's purposes. Consequently, the auditors would only
identify weaknesses in internal control that come to the auditors' attention during the financial
statement audit. The auditors may not identify all the weaknesses that exist. A weakness in
internal control is a deficiency in the design or effective operation of internal control. The
identification of weaknesses in internal control is influenced by matters such as the auditors'
assessment of materiality, the auditors' preliminary assessment of the components of audit risk and
the audit approach used by the auditors. For example, if the auditors use a substantive audit
approach for a particular financial 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.
Accordingly, the auditors will not have a detailed knowledge of the control systems that enhance
the reliability of data and information and therefore may not identify weaknesses in these control
systems.
A deficiency exists when, a control is designed, implemented or operated in such a way that it is
unable to prevent, or detect and correct, misstatements in the financial statements on a timely basis
or a control necessary to prevent, or detect and correct, misstatements in the financial statements
on a timely basis is missing. A significant deficiency exists when a deficiency, or a combination of
deficiencies in internal control, is of sufficient importance to merit the attention of those charged
with governance in the auditor's professional judgment. The matters being reported are limited to
those deficiencies of sufficient merit to be reported to those charged with governance.
Please refer to the management letter issued for further details about any deficiencies identifiedDRAFT
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during the audit.
Related Party Transactions
As explained in Related Parties, CPA Canada Handbook CAS 550, auditors conducting an audit in
accordance with generally accepted auditing standards may identify related party transactions which
are not in the normal course of operations and which, in the auditors' professional judgement,
involve significant judgements by management concerning measurement or disclosure.
We confirm that no such transactions requiring the Members of Council to be informed were
identified during the audit. We also confirm that the Municipality has adequate controls in place
to identify related party transactions.
Significant Accounting Principles and Policies
The auditors should determine that the Members of Council are informed about:
(a)the initial selection of and changes in significant accounting policies, including the adoption
of new accounting pronouncements, which encompass the specific principles and their
method of application;
(b)the effect of significant accounting policies in controversial or emerging areas, or those
unique to an industry;
(c)the existence of acceptable alternative policies and methods, and the acceptability of the
particular policy or method used by management;
(d)the extent to which the financial statements are affected by unusual transactions (including
non-recurring amounts recognized during the period) and the extent to which such
transactions are separately disclosed in the financial statements; and
(e)the effect of the timing of transactions in relation to the period in which they are recorded.
We confirm that there were no changes to significant accounting policies during the year that
should be communicated to the Members of Council.
Management Judgements and Accounting Estimates
The auditors should determine that the Members of Council are informed about:
(a)the issues involved, and related judgements made by management, in formulating
particularly sensitive accounting estimates and disclosures (for example, disclosures related
to going concern, subsequent events and contingency issues);
(b)the basis for the auditors' conclusions regarding the reasonableness of the estimates made by
management in the context of the financial statements taken as a whole;
(c)the risks of material misstatement from estimates;
(d)indicators of possible management bias;
(e)the factors affecting asset and liability carrying values, including the entity's basis for
determining useful lives assigned to tangible and intangible assets;
(f)the timing of transactions that affect the recognition of revenues or avoid recognition of
expenses; and
(g)disclosure of estimation uncertainty in the financial statements.
We confirm that all management judgements and accounting estimates observed during the course
of the audit were reasonable and supported by appropriate documentation.DRAFTPage 16 of 18
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Financial Statement Disclosures
The auditors should determine that the Members of Council are informed about:
(a)the issues involved, and related judgements made, in formulating particularly sensitive
financial statement disclosures;
(b)the overall neutrality, consistency, and clarity of the disclosures in the financial statements;
(c)the potential effect on the financial statements of significant risks, exposures and
uncertainties (such as pending litigation); and
(d)the selective correction of misstatements.
We confirm that there are no other issues as described above to be communicated to the Members
of Council.
Other Matters Arising From the Audit
In some cases, management may decide to consult with other accountants about auditing and
accounting matters. When the auditors are aware that such consultation has occurred, the auditors
would communicate with the Members of Council as appropriate. If the auditors find that the
consultation has not occurred in accordance with Reports on the Application of Accounting
Principles, Auditing Standards or Review Standards, CPA Canada Handbook 7600, this would be
communicated with the Members of Council.
We confirm that we are not aware of consultations with other accountants.
The auditors communicate with the Members of Council any major issues discussed with
management in connection with the initial or recurring appointment of the auditors, including,
among other matters, discussions regarding the application of accounting principles and auditing
standards, and fees.
We confirm that there are no major issues in connection with the recurring appointment of the
auditor.
The auditors inform the Members of Council of any significant difficulties encountered while
performing the audit, including significant 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 confirm that no significant difficulties were encountered in the performance of the audit.
The auditors inform the Members of Council of any significant matters discussed, or subject to
correspondence with management, while performing the audit including business conditions
affecting the entity and business plans and strategies that may affect the risks of material
misstatement and written representations requested.DRAFTPage 17 of 18
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Please refer to the management letter issued for further details about any significant matters that
were discussed or communicated with management during the course of the audit. Please see
management's representation letter for written representations requested.
In accordance with CPA Canada Handbook CAS 450, the auditors shall communicate with the
Members of Council uncorrected misstatements and the effect that they, individually or in
aggregate, may have on the opinion in the auditors' report. The auditors' communication shall
identify material uncorrected misstatements individually. The auditor shall request that uncorrected
misstatements be corrected.
Please refer to management's letter of representation for the list of uncorrected misstatements not
made by management during the course of the audit. We agree with management's assessment
that the effects of uncorrected misstatements are immaterial, both individually and in the
aggregate, to the financial statements as a whole. However, in accordance with the requirements
of CPA Canada Handbook CAS 450(12), we request that the Members of Council instruct
management to have the uncorrected misstatements corrected.
The auditors inform the Members of Council of any other significant matters relevant to the
financial reporting process including material misstatements of fact or material inconsistencies in
information accompanying the audited financial statements that have been corrected.
We confirm that no significant matters relevant to the financial reporting process were identified
during the audit.
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
DRAFTPage 18 of 18
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MW-2022-26
Report
Report to: Mayor and Council
Date: May 31, 2022
Title:
Fern Park Trail and Corwin Park Trail Development 2022-507-
20
Contract Award
Recommendation(s)
1. That Council award the Fern Park Trail and Corwin Park Trail Development
2022-507-20 to the lowest compliant bidder, D&R Landscape Group Inc. for
$314,606.75 + HST.
2. That Council approve a 2022 capital budget amendment for the Fern Park Trail
Development Project (P112) in the amount of $50,000, to be funded by the Parks
Development Charges Reserve.
3. That the Mayor and Clerk be authorized to execute the necessary document.
Executive Summary
The purpose of this report is to seek approval of Council to award Co ntract 2022-507-20
Fern Park Trail and Corwin Park Trail Development to the lowest compliant bidder, D&R
Landscape Group Inc. Authorization is also being requested for the allocation of
additional funding to the Fern Park portion of this project.
Background
The proposed Fern Park Trail (Sam Iorfida Drive to Fern Park) is approximately 400m in
length and was funded in the 2020 Capital Budget. This trail is a portion of a larger 2.2Km
proposed recreational trail (Dorchester Road to Marineland Parkway) identified in the
1996 Trails and Bikeway Master Plan. The Fern Park trail is required to provide residents
of the Oldfield Subdivision with improved access to their local neighbourhood park, Fern
Park.
The proposed Corwin Park Trail (Erwin Crescent to Corwin park) is approximately 90m in
length and was funded in the 2021 Capital Budget. This trail is also a portion of a larger
2.4Km trail (Route 15c. Hydro One Transmission Corridor 15-East) that was identified as
a priority in the 2011 Sustainable Transportation Master Plan. The trail is needed to
provide residents with improved public access from Erwin Crescent to the amenities at
Corwin Park. This trail would replace a deficient park access walkway between 6462
Erwin Crescent and 6472 Erwin Crescent that was recently closed.
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Both trails are proposed for construction on Hydro One transmission corridors. Hydro One
licence agreements for trail construction have been secured by the City staff.
Analysis
To optimize potential construction economies of scale, the Fern Park Trail and Corwin
Park Trail were combined together as one (1) tender. Staff issued this tender call for
Contract 2022-507-20 Fern Park Trail and Corwin Park Trail Development on April 5,
2022 and closed on April 26, 2022. Six (6) bidders responded to the call how ever one
(1) bidder was non-compliant.
Bidder City Tender Price Corrected Bid
D&R Landscape
Group Inc. Niagara Falls $314,606.75 -
CRL Campbell
Construction &
Drainage Ltd.
Welland $353,325.00 -
Walker
Construction Ltd. Niagara Falls $382,598.00 -
GMR Landscaping
Inc. Toronto $382,882.00 $390,983.07
Stevensville Lawn
Service Inc. Stevensville $458,249.00 -
Anthony's
Excavating Central
Inc.
Wellandport Non-compliant Bid -
City Staff completed a thorough review of the bids for mathematical errors and
specification compliance. The tender submitted by D&R Landscape Group Inc for the
price of $314,606.75 +HST is the lowest compliant bid and is being recommended by City
staff for contract award.
Construction costs associated with the Fern Park Trail portion of the project exceeded the
approved budget. An additional $50,000 is needed to cover these unforeseen expenses.
The Fern Park Trail is identified as a 100% growth related project in the 201 9 City of
Niagara Falls Development Charges Background Study.
Operational Implications and Risk Analysis
City of Niagara Falls staff will be required to maintain the new trails within existing
resources.
Financial Implications/Budget Impact
The 2020 Capital Budget approved $350,000 for the Fern Park Trail (P112) and the 2021
Capital Budget approved $31,000 for the Corwin Park Trail (P128-21). Construction costs
for the implementation of the Fern Park Trail portion of this contract exceed the current
approved budget. Staff has estimated that an additional $50,000 is required to implement
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this project. Funding is available in the Parks Development Charge Reserve and staff is
recommending a 2022 capital budget amendment to complete the works.
Construction costs for the implementation of the Fern Park Trail portion of this contract
exceed the current budget. Staff have estimated that an additional $50,000 is required
to implement this project. Funding is available in the Parks Development Charge Reserve
and Capital Special Purpose Reserve.
Strategic/Departmental Alignment
The content and recommendation included in this report aligns with Council’s adoption of
the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Community.
Contributor(s)
David Antonsen
List of Attachments
Trail Location Maps
Written by:
David Antonsen, Landscape Architect
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 20 May
2022
Jason Burgess, CAO Approved
- 24 May
2022
Page 3 of 5
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TRILLIUMCR
J I L L D R
DRUMMOND RDW I L S O N C R
FERN AVMERRITT AVBRISTOLCRCHELSEACRDORCHESTER RDVALIANTSTD O R E S D R
M C C A R T N E Y D RWILSON CRELLSW
O
R
T
H
PL
CLENDENNING STCOULSONCRB A R B A R A
DRC O O P E R D R
SAM IO RFID A D R
PENDER STT
H
AMESCRHEXIMERAVS O O T H E R A NDR
J U B I L E E D R
L I O N S H EA D AV
SANDY
C
T
SHAW STO L D F I E L D R D WILLEY STNATHAN CRRAINBOWCRCOLE CTJORDAN AVMARIECLAUDE AVS U N R I S E C T
HANNIWELL STEAGLEWOOD DRFERN PARK
WILSON PARK
K:\GIS_Requests\2019\Custom\MunWks\ProposedTrails_HydroCorridors\HydroOneCorridorProposedTrailLocation_DDP_20191106.mxd
This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as officialplans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assum e all risks in using this data. No part of these digital images, or information, or hardcopies madefrom them may be reproduced and/or distributed without this disclaimer.
1:5,220
11/15/2019
Proposed TrailProposed Trail on Subject LandPublic Community Trail
Proposed Trail Location
Subject Lands POWERCANALU N I T E DUNITEDSTATESSTATESOF A M E R I C AOF A M E R I C A
NIA GARA RIVER
NIAGARA RIVERW ELLANDRIVER63
20
43
420
98
102
70
57
11 6
49
47
27
CHIPPA W ACREEKR D
L U N D Y 'S L N MONTROSERDTAYLORRDMONTROSERDT H OR OL D S T O N E R D
FE R R Y S T
SODOM RDB R I D G E S T
FA L LS AV
LYO N SCREEKRDM C L E O D R D
S C H I SL E R R D STANLEYAVSTANLEYAVTHOROLD TOWNLINE RDKALARRDPORTAGERDQEW
Location 4 of 4
Trail From: DORCHESTER RDTrail To: SAM IORFIDA DRLength of Trail on Subject Land (metres):
PIN: 64372-0361 (LT)Date of PIN Search: 2019/11/04Legal Description:
1:128,970
PT TWP LT 188 STAMFORD AS IN ST5574, ST12702 (3RDLY),ST5547, ST20239 (PCL 18, 19 & 20), AA72202, AA72201 &BB4928 EXCEPT BB5009 ; NIAGARA FALLS
¸
Fern Park Trail
(FERN PARK TO DORCHESTER ROAD
FUTURE TRAIL EXTENSION
Page 4 of 5Page 126 of 292
WALTER AVERWIN CRCORWIN PARK
K:\GIS_Requests\2019\Custom\MunWks\ProposedTrails_HydroCorridors\HydroOneCorridorProposedTrailLocation_DDP_20191106.mxd
This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as officialplans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assum e all risks in using this data. No part of these digital images, or information, or hardcopies madefrom them may be reproduced and/or distributed without this disclaimer.
1:930
11/15/2019
Proposed TrailProposed Trail on Subject LandPublic Community Trail
Proposed Trail LocationCorwin Park Trail
Subject Lands POWERCANALPOWERCANALQEW
QUEENELIZABETHWY420 HY
DORCHESTER RDD U N N S T
O L D F I E L D R D PORTAGE RDPORTAGERDDORCHESTER RD102
20 20
49
102
49
98
102
420
98
L U N D Y 'S L N
M C L E O D R D
STANLEY AVSTANLEY AVMONTROSE RDLocation 3 of 4
Trail From: ERWIN CRTrail To: CORWIN PAR K (6475 WALTER AV)Length of Trail on Subject Land (metres): 86.22m
PIN: 64357-0287 (LT)Date of PIN Search: 2019/11/04Legal Description:
1:44,219
PT TWP LT 158 STAMFORD PT 7, 59R3223 ; NIAGARA FALLS
¸Page 5 of 5Page 127 of 292
MW-2022-29
Report
Report to: Mayor and Council
Date: May 31, 2022
Title: Direct Vendor Fleet Negotiations
Recommendation(s)
1. That Council direct the Manager of Fleet Operations and Manager of Procurement to
negotiate directly with local vendors for fleet purchases described in this report; and
further,
2. That until December 31, 2022, Council delegate the authority to the CAO to approve
such purchases to secure the required vehicles/equipment.
Executive Summary
Due to supply chain disruptions and changing consumer habits, commercial fleet vehicles
stock has diminished. Accordingly, recent request for tender(s) for passen ger vehicle
replacements have received zero bids.
Since vehicle replacements are a key aspect of maintaining a reliable fleet of equipment,
machinery and vehicles, it is recommended that Council authorize Staff to perform direct
negotiation with local vendors for a total of an eight (8) light-duty passenger vehicles, four
(4) medium-duty trucks, three (3) light-duty transit passenger vans, fourteen (14) trailers,
and one (1) forestry aerial truck as outlined further in this report.
Background
The City of Niagara Falls, Fleet Department currently follows the procurement procedures
in compliance with the Procurement By-law No 2021-04. Following the RFQ, and RFT
methods it is intended that the lowest compliant bid is accepted for purchases of vehicles
and equipment.
Analysis
Staff have temporarily paused the typical tender process for fleet purchases of vehicles
and some machinery due to lack of interest from the industry. Recent tenders have
yielded zero submissions, likely since typical fleet/commercial vehicle options are no
longer available, and due to limited supply in the industry.
In consultation and upon the recommendation of the Manager of Procurement, Staff are
seeking Council approval to contact local dealerships directly and request quotes for
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specific vehicles and equipment. Where possible, this process would result in a minimum
of three (3) quotes for review and select the best fit for price and delivery.
Delegating the authority to the CAO for this method of procurement will ensure timely
execution of purchasing agreements, and will assist in lessening the impacts of long-lead
delivery date timelines due to current market conditions. It is recommended that Council
delegate their authority of these procurements until December 31, 2022.
Operational Implications and Risk Analysis
Aging fleet vehicles and equipment will incur additional and higher maintenance cost.
Currently vendors are not able to provide confirmed pricing for tenders resulting in no
submissions of tenders creating long delays, budget concerns and other unknowns. The
temporary process will provide the City of Niagara Falls an advantage to obtain vehicles
and equipment that are currently available reducing longs delays.
Financial Implications/Budget Impact
The funding for these vehicles and eq uipment purchases has already been approved in
the 2021 and 2022 Capital Budget. Inflationary pressures and supply/demand disruptions
have drastically increased the cost of vehicle and equipment replacements, therefore it is
likely that budget allocations will not be sufficient to accommodate all purchases
previously anticipated.
Due to the aforementioned reasons, planned fleet and equipment procurements including
the items identified in this report are being prioritized based on highest need and risk o f
failure in order to maximize utilization of funds available.
Delegating authority to the CAO for this alternative procurement method will ensure a
high-level of Corporate budgetary oversight over fleet and equipment procurements, and
also provide authority for deferral of some of the approved purchases for budgetary
reasons.
Strategic/Departmental Alignment
The recommendations of this report are administrative in nature. Support from
Procurement will be required on an ongoing basis.
Contributor(s)
Dave Butyniec, Manager of Procurement
List of Attachments
Replacement Report 2022
Written by:
Kenneth Williams, Manager of Fleet Services
Submitted by: Status:
Page 2 of 5
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Erik Nickel, Director of Municipal Works Approved
- 25 May
2022
Jason Burgess, CAO Approved
- 25 May
2022
Page 3 of 5
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MUNICIPAL WORKS
Direct Negotiation Replacement
Fleet
UNIT
NO.EXISTING DESCRITION New
NO.REPLACEMENT DESCRIPTION ESTIMATED
COST REMARKS
329 2012 GMC SIERRA Reg Cab Pickup 3,599 kg GVW Reg Cab Pickup $30,000 Replace Same
208,352 km Assignment: Enviro
337 2013 GMC SIERRA Ext Cab Pickup 3,599 kg GVW Ext Cab Pickup $35,000 Replace Same
341,883 km Assignment: Roads TAC
328 2012 GMC SIERRA Pickup 3,599 kg GVW Reg Cab Pickup c/w cab, lift gate $35,000 Replace Same
112,353 km Assignment: Parks
333 2012 GMC SIERRA Pickup 3,599 kg GVW Reg Cab Pickup c/w cab, lift gate $35,000 Replace Same
78,103 km Assignment: Parks
161 2006 GMC SIERRA Reg Cab Pickup 3,599 kg GVW Reg Cab Pickup $30,000 Replace Same
129,406 km Assignment: Enviro
032 2014 GMC SAVANA 2500 Cargo Van 4,499 kg GVW Full Size Cargo Van c/w cabinets $40,000 Replace Same
259,580 km Assignment: Enviro
323 2011 Ford TRANSIT Mini Cargo Van 3,599 kg GVW Mini Cargo Van c/w cabinets $34,000 Replace with unit more suitble for job application
97,164 km Assignment: Parks
326 2012 DODGE RAM Cargo Van 3,599 kg GVW Mini Cargo Van c/w cabinets $30,000 Replace Same
192,329 km Assignment: Traffic
159 2006 GMC SIERRA Pickup Utility 5,500 kg GVW Crew Cab Utility Body $75,000 Replace with unit more suitble for job application
165,195 km Assignment: Roads/Forestry
113 2002 CHEV Crew Cab pickup Utility 5,500 kg GVW Crew Cab Utility Body $75,000 Replace with unit more suitble for job application
226,487 km Assignment: Roads/Forestry
058 2009 DODGE 3500 1-TON DUMP Crew Cab 6,799 kg GVW 1-TON DUMP CREW CAB $70,000 Replace Same
187,125 km c/w hitch Assignment: Roads
059 2008 DODGE 3500 1-TON DUMP Crew Cab 6,799 kg GVW 1-TON DUMP CREW CAB $70,000 Replace Same
200,053 km c/w hitch Assignment: RoadsPage 4 of 5Page 131 of 292
MUNICIPAL WORKS
Direct Negotiation Replacement
Fleet
UNIT
NO.EXISTING DESCRITION New
NO.REPLACEMENT DESCRIPTION ESTIMATED
COST REMARKS
185 2006 INTERNATIONAL 7400 Forestry Aerial 23,999 kg. GVW diesel, automatic c/w 60'$250,000 Replace same
82,325 km aerial device, chipper dump body Assingment: Roads/Forestry
QTY.
14 Shop Made Landscape Trailer Tandem axle 14' Landscape Trailers $90,000 Replace Same
Assignment: Roads/Enviro/Cemetery
QTY.
3 7 Passenger Mini Vans (Transit)3,599 kg GVW 7 Passenger Mini Vans $70,000 Replace Same
Assignment: Transit
Page 5 of 5Page 132 of 292
CLK-2022-12
Report
Report to: Mayor and Council
Date: May 31, 2022
Title: Updates to Council's Code of Conduct
Recommendation(s)
That Council receive this report for information and formally direct staff to update the
City's Code of Conduct to reflect the information contained in this report.
Executive Summary
At the April 28, 2022 Council meeting there was a motion of Council passed to have
staff bring back a report to Council on May 31, 2022 to include the implementation of
the City's In-Camera procedure as it relates to Council direction from January of 2020,
that certain measures be put in place to improve security for In-Camera meetings, and
to have this reflected and updated in the City's Code of Conduct.
By formally updating the Code of Conduct in this regard, it will formally establish the
practice that Council has been following since early 2020 of not receiving confidential
In-Camera reports in advance of a closed door meeting of Council as well as not leaving
any In-Camera meetings with any confidential information. A full summary will be
included within this report as well as the amendment to be added to the City's Code of
Conduct.
Background
An Integrity Commissioner Report of January 30, 2020 found Councillor Ioannoni had
contravened the Code of Conduct by publicly discussing/disclosing information that was
confidential to Council and which was to be discussed at a closed door (In-Camera)
session of Council.
In January of 2020, Council directed (by approved motion dated February 11, 2020) that
certain measures be put in place to improve security for in-camera meetings. This
included eliminating electronic versions of In-Camera agendas, including reports and
supporting documents included within the agendas, which would then be available for
review in print form 30 to 45 minutes before and during the In-Camera meeting. At this
time it was also confirmed that all electronic devices were banned from an In-Camera
meeting, with exception of Clerks staff for the purposes of recording the meeting as per
advice of the Ontario Ombudsman.
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A memorandum from the City Clerk was sent to Council on May 2, 2020, laying out this
information and process. These practices have been followed by all members of
Council since receiving this direction from Council and the subsequent memo, with the
exception of the actions of Councillor Ioannoni at the In-Camera meeting of August 10,
2021, where she announced to all those present during the In -Camera meeting that she
was taking the (confidential) report home with her to read.
As per the findings of the Integrity Commissioner's report of April 11, 2022, there was no
formal motion or resolution of Council, adopting or approving these additional steps
dealing with retention and/or shredding of printed materials distributed at an I n-Camera
meeting.
Analysis
Based on the background information provided in this report, staff have made the
following addition to the Code of Conduct for Council's approval:
"6.3 A member shall not disclose the content of any confidential information, or
the substance of deliberations, of a closed meeting. A member has a duty to hold
any information received at closed meetings in strict confidence for a long and as
broadly as the confidence applies. All reports and supporting documents of a
closed meeting are to be deemed confidential and will be available to the
members 30 to 45 minutes in advance of the closed meeting, as well as during the
closed meeting. All confidential documents are to be turned into the Clerk at the
end of the closed meeting, including any notes that were taken or brought into
the closed meeting. Materials collected will then be shredded by the Clerk, when
appropriate. The exception being notes taken by Clerks staff for the purpose of
preparing meeting minutes.
A member shall not, either directly or indirectly, in any way divulge any such
information or any confidential aspect of the closed deliberations to anyone,
unless authorized by Council or as required by law.
All electronics, including iPads and cell phones, shall not be brought into the
closed meeting. they can be left in Chambers. The exceptions being the
electronics of the City Clerk that will be used for the audio recording of the
meeting and any communication devices needed by Fire Staff for emergency
purposes. "
Operational Implications and Risk Analysis
There are no operational implications to report.
Financial Implications/Budget Impact
There is no financial or budget impact to report.
Page 2 of 3
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Contributor(s)
Edward McDermott, Integrity Commissioner
Written by:
Bill Matson, City Clerk
Submitted by: Status:
Bill Matson, City Clerk Approved
- 25 May
2022
Jason Burgess, CAO Approved
- 25 May
2022
Page 3 of 3
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F-2022-27
Report
Report to: Mayor and Council
Date: May 31, 2022
Title: Monthly Tax Receivables Report - April
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 at April 30, 2022 were $29.9 million compared to
$37.0 million in 2021. During April, tax receivables as a percentage of taxes billed
decreased from 37.4% in 2021 to 30.1% in 2022. The City’s finance staff has begun the
collection process for properties that are subject to registration for 2022 as well as
continuing the collection process for properties that were subject to registration for 2021.
There are currently nineteen 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 2022 is ahead of the collection history for 2021 for the month of April.
Table 1 shows that taxes outstanding at April 30, 2022 are $29.9 million. This represents
a decrease from $37.0 million in arrears for the same period in 2021. 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 $0.4 million compared to April 2021, and
commercial property taxes outstanding have decreased by $6.8 million compared to April
2021.
Finance staff takes specific collection actions for properties that are subject to registration.
At January 1, 2022, 225 properties were subject to registration for 2022. Table 3
summarizes the progress of these actions after four months of activity. This table shows
87.6% of the tax accounts or 196 properties have been paid in full or the owners have
made suitable payment arrangements. During April, 22 accounts were paid in full.
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Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. During the month of April, one property was registered. The outstanding taxes
for registered properties represent 2.0% of the total taxes to be collected.
Financial Implications/Budget Impact
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due
to its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
April 30, 2022 is 30.1%, which is a decrease of 2021’s value at 37.4%. The municipality
has a record of full collection and earns penalty revenues to offset the higher measure.
List of Attachments
F-2022-27 - Attachment (April)
Written by:
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Jason Burgess, CAO Approved
- 24 May
2022
Page 2 of 4
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TABLE 1
Taxes Receivable
at April 30, 2022 2022 2021
Outstanding Taxes @ March 31, 2022 60,284,093$ 67,245,617$
Penalty/Interest charged in April 263,741$ 117,866$
Taxes Collected during April 30,622,636$ 79,776,579$
Outstanding Taxes @ April 30, 2021 29,925,198$ 37,039,635$
Taxes Billed and Due April 29, 2021 49,752,478$ 49,452,731$
Total Taxes to be Collected 29,925,198$ 37,039,635$
Outstanding Taxes by Year:
3 Years and Prior 1,735,950$ 2,192,516$
2 Year 2,193,704$ 2,720,009$
1 Year 6,106,402$ 10,050,086$
Current 19,892,719$ 22,077,024$
Total 29,925,198$ 37,039,635$
TABLE 2
2022 2021 Variance
Taxes Owing Taxes Owing ($)
Residential 17,168,030$ 17,590,661$ (422,631)$
Multi-Residential 573,637$ 431,231$ 142,406$
Commercial 11,202,429$ 18,045,084$ (6,842,655)$
Industrial 930,518$ 930,468$ 50$
Farmlands 50,584$ 42,191$ 8,393$
Total Receivables 29,925,198$ 37,039,635$ (7,114,437)$
Taxes Receivable by Property Class
at April 30, 2022
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TABLE 3
Number of Properties
Subject to %
Registration
as at April 30, 2022
Initial Amount (January 1, 2022)225
Paid in Full 70 31.1%
Payment Arrangements 127 56.4%
Ongoing Collection Action 28 12.4%
Registered 0 0.0%
225 100.0%
TABLE 4
July 2022 3 74,987$
November 2022 1 162,982$
May 2023 15 381,826$
Totals 19 619,795$
Scheduled Tax Sales Dates for
Registered Properties Number of Properties Taxes Outstanding
Amount
Page 4 of 4
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MW-2022-27
Report
Report to: Mayor and Council
Date: May 31, 2022
Title: Ascot Circle - Parking Control Review
Recommendation(s)
1. That the existing No Parking restriction on the north side of Ascot Circle between
a point 125 metres west of Sabine Drive (East Intersection) and a point 45
metres west of Sabine Drive (East Intersection) be extended easterly by 140
metres;
2. That a No Parking restriction be established on the south side of Ascot Circle
between a point 18 metres west of Secretariat Court and a point 15 metres east
of Secretariat Court; and,
3. That a No Parking restriction be established on the south side of Ascot Circle
between a point 13 metres west of Sabine Drive (East Intersection) and a point
18 metres east of Sabine Drive (East Intersection).
Executive Summary
A parking review was carried out on Ascot Circle between Preakness Street and Post
Road to determine whether parking restrictions are warranted. Based on the parking
activity in conjunction with a technical review, a No Parking restriction is warranted on the
inside of the curves east and west of Sabine Drive (East Intersection). This will improve
driver sight lines as drivers negotiate the curve. Corner parking restrictions are
recommended on the south side of Ascot Circle on either side of Secretariat Court and
Sabine Drive (East Intersection), also to improve sight lines and provide space for drivers
to negotiate turns at these intersections.
Background
Ascot Circle is a local roadway that extends circuitously between Preakness Street and
Post Road. The roadway has an 8.0-metre road width and consists of a curb face sidewalk
on the south/east side of the road. Light poles are present on both sides providing
illumination during nighttime periods. The surrounding land uses consist of residential
properties. A Shoppers Drug Mart is present on the southeast corner of the Ascot Circle
and Preakness Street intersection. A total of four curves are present on Ascot Circle. The
two longest curves are located to the east and west of the eastern intersection of Ascot
Circle and Sabine Drive. A No Parking restriction is currently present along the north side
of Ascot Circle, between a point 45 metres west and 125 metres west of the eastern
intersection of Ascot Circle at Sabine Drive. Two townhouse condominiums with
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approximately 100 dwelling units are located on the south side of Ascot Circle on either
side of the Sabine Drive (East Intersection).
Analysis
With the addition of the townhomes and ongoing construction of homes along Secretariat
Court, observations revealed that there is consistent parking along the south side of Ascot
Circle in the vicinity of Sabine Drive (East Intersection). As a result, visibility of motorists
traversing the roadway and vacating private properties is greatly diminished,
consequently negatively impacting decision and reaction time.
Questionnaires were distributed to all properties on Ascot Circle between Preakness
Street and Post Road, including residents of the two condominiums. Of the one -hundred
and fifty (150) questionnaires delivered, twenty-four (24) responses were received,
representing a 16% response rate. Of these, seventeen (17) responses were returned
favouring a parking restriction around the existing curves.
Although the response rate is low, the technical analysis revealed that drivers parked on
the north side of Ascot Circle would obstruct sight lines and impede traffic flow. Prevailing
transportation guidelines identify that motorists are required to see the road ahead of
them for a minimum distance to permit sufficient reaction time. Vehicles parked on the
inside of road curves can obstruct visibility, which affects reaction time required to stop a
vehicle. Secondly, drivers traversing a curve may keep a greater distance from parked
vehicles tending to encroach into opposing traffic lanes, increasing head -on collision
potential. Prohibiting parking on approach to and within the curves will increase visibility
and provide motorists will allow for two unobstructed lanes of traffic.
Staff is recommending that the existing No Parking restriction on the north side of Asc ot
Circle between a point 125 metres west of Sabine Drive (East Intersection) and a point
45 metres west of Sabine Drive (East Intersection) be extended easterly by 140 metres.
This restriction would extend beyond Sabine Drive (East Intersection) and throughout the
next road curve. Staff is further recommending that a No Parking restriction be
established on the south side of Ascot Circle between a point 18 metres west of
Secretariat Court and a point 15 metres east of Secretariat Court, and on the south side
of Ascot Circle between a point 13 metres west of Sabine Drive (East Intersection) and a
point 18 metres east of Sabine Drive (East Intersection). The corner parking restrictions
are recommended on the south side of Ascot Circle at Secretariat Court, and at Sabine
Drive (East Intersection) to keep the intersections clear of vehicles and assist with drivers
negotiating turns at the intersection.
Residents were informed of Staff’s recommendations through a hand -delivered letter.
Two responses were received; one resident was in favour of staffs recommendation,
while the other only wanted the restrictions to be installed on the south side of Ascot
Circle.
Operational Implications and Risk Analysis
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None
Financial Implications/Budget Impact
The installation of the signs is to be carried out by Municipal Works - Transportation
Services staff. The labour and material costs are accounted for in the approved 2022
General Purposes Budget. Installing the parking control signs is estimated to cost
approximately $820.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist, and pedestrian safety.
List of Attachments
MW-2022-27 - Ascot Circle - Parking Review
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 20 May
2022
Jason Burgess, CAO Approved
- 24 May
2022
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MW-2022-27
Ascot Circle
Parking Control Review
Existing No Parking Restriction
Paddock Trail Drive Paddock Trail DriveProposed No Parking RestrictionPage 4 of 4Page 143 of 292
MW-2022-28
Report
Report to: Mayor and Council
Date: May 31, 2022
Title:
Drummond Road between Thorold Stone Road &
Cherrywood Street – Cycling Lanes
Recommendation(s)
1. That the onstreet bicycle lane on the west side of Drummond Road between
Thorold Stone Road and Cherrywood Road be designated for cyclist use only;
2. That the onstreet bicycle lane on the east side of Drummond Road between
Gallinger Street and Cherrywood Road be designated for cyclist use only;
3. That a No Parking restriction be established on the east side of Drummond Road
between a point 40 metres south of Crawford Street and a point 21 metres north
of Cherrywood Road;
4. That No Standing restrictions be established at transit stops on both sides of
Drummond Road between Sheldon Street and Cherrywood Road; and,
5. That Council pass the amending by-law on tonight’s agenda.
Executive Summary
Works Project Construction Municipal (2021-530-urbanand rehabilitate to 20) ize
Drummond Road between Thorold Stone Road and Cherrywood Road is tentatively
scheduled to be substantially completed in mid-summer of 2022. The urbanization of the
road will provide the opportunity to integrate dedicated on-road bicycle lanes in each
direction to encourage safe and active travel.
Background
Drummond Road between Gallinger Street and Cherrywood Roadis a two -lane, two-way
urban arterial roadway. The road is being widened to 10.4 metres and will consist of a
curb, gutter, boulevard and concrete sidewalk on each side of the road, south of Gallinger
Street. The average daily traffic utilizing this portion of Drummond Road is approximately
11,200 vehicles per day.
Drummond Road between Thorold Stone Road and Gallinger Street is in a one -way
configuration consisting of two travel lanes permitting travel in the southbound direction
only. This portion of Drummond Road will be urbanized as well, with an 8.5 -metre road
width, a curb and gutter on each side, with a concrete sidewalk on the west side only.
The average daily traffic along this portion of Drummond Road is approximately 8,100
vehicles per day.
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Drummond Road serves as the main artery, distributing traffic onto connecting collector
and local roadways. The surrounding land uses are a mix of commercial and residential
properties. Niagara Falls Transit has one route that travels the entire length of the study
area in the southbound direction, and up to William Street northbound. The legal speed
limit is 50 km/h.
Analysis
Municipal Works Construction Project (2021-530-20) of Drummond Road between
Thorold Stone Road and Cherrywood Road provides the opportunity to further expand
the roadway function and integrate a bicycle facility. Drummond Road is a planned on -
road cycling route in the City’s Sustainable Transportation Master Plan, 2011.
Establishing lanes will provide a safe transportation network for all roadway users,
decrease traffic congestion and reduce carbon emissions.
As part of the bicycle lane implementation process, permanent parking restrictions must
be established along the entire bicycle lane corridor to prevent motorists from impeding
progress within a dedicated cycling facility. There are currently existing parking and
stopping restrictions on the entire west side of Drummond Road, within the project limits,
however, the same restrictions are present on the east side of the road on only certain
portions. Therefore it is required to extend the current No Parking At All Times restriction
on the east side of Drummond Road to include a section between a point 40 metres south
of Crawford Street and a point 21 metres north of Cherrywood Road. The restriction will
keep all bicycle lanes clear of parked vehicles, preventing cyclists from encroaching onto
vehicular lanes to circumnavigate an unoccupied, stationary vehicle. Additionally, No
Standing restrictions will be required at all existing transit stops to ensure transit
operations are not disrupted throughout the corridor.
Operational Implications and Risk Analysis
None.
Financial Implications/Budget Impact
The installation of all signs is to be carried out by Municipal Works - Transportation
Services staff. The labour and material costs are accounted for in the approved Capital
project budget. Installing the signs is estimated to cost approximately $3,000.
The application of pavement markings will be done by the contractor carrying out the
reconstruction, on the base coat of asphalt.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
List of Attachments
MW-2022-28 - Drummond Road - Cycling Lanes - Attachment 1
Page 2 of 4
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Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 20 May
2022
Jason Burgess, CAO Approved
- 24 May
2022
Page 3 of 4
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MW-2022-28
Drummond Road –Cycling Lanes
Attachment 1 –Study Area Thorold Stone Rd.William St.Sheldon St.GlengateSt.Crawford St.Perkins St.CherrywoodRd.Drummond Rd.
With Existing Restrictions
Thorold Stone Rd.William St.Sheldon St.GlengateSt.Crawford St.Perkins St.CherrywoodRd.Drummond Rd.
With Proposed Restrictions
Legend
-No Parking At All Times
-No Standing At All Times
-No Stopping At All Times
-Construction LimitsPage 4 of 4Page 147 of 292
MW-2022-30
Report
Report to: Mayor and Council
Date: May 31, 2022
Title:
Single Source Procurement - Contract 2022-517-20 Reixinger
New Watermain and QEW Crossing (Stanley Avenue to
Montrose Road) Construction Services
Recommendation(s)
services construction professional a award AUTHORIZE staff Council That to
administration contract to Associated Engineering Ltd. in the amount of $346,242 plus
applicable taxes in support of the construction of a redundant watermain feed for the
development of the New South Niagara Hospital.
Executive Summary
In order to support the development of the New South Niagara Hospital the design and
construction of a 300mm watermain between Stanley Avenue and Montrose Road,
including the crossing of the Queen Elizabeth Way (QEW) highway which requires
specialized microtunneling work is necessary.
The City of Niagara Falls Engineering Staff retained Associated Engineering to undertake
the detail design of the project who has extensive knowledge and qualified experienced
staff for these types of critical projects that include specialized trenchless technology to
cross major highway corridors.
Due to the criticality of the QEW crossing, the City and Associated Engineering completed
a pre-qualification of micro tunneling contractors in February 2022 to ensure only
contractors that have the required experience and expertise would be eligible to
participate in the tunneling portion of the project.
The tender for the project closed on April 2 6, 2022 and staff have recently awarded the
project to Nexterra Substructures Inc. at the contract price of $6,547,208.00 who will be
working with Marathon Underground, approved through pre -qualification for the micro
tunneling portion and is scheduled to commence construction in early June 2022.
City staff is requesting the authority to single source Associated Engineering Ltd. for
construction services which includes contract administration, the review of specialized
shop drawings for micro tunneling, daily on-site inspection services, the mark up of as
built information in digital AutoCAD format and the review of daily settlement monitoring
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results to ensure the City and Ministry of Transportation are informed promptly of any
concerns or issues during micro tunneling across the QEW.
Background
In support of the New South Niagara Hospital a review of City owned infrastructure needs
to support the development was completed and identified the need for a secondary
watermain feed to the future hospital site. Upon review of the City's existing water
distribution system, City staff decided that the most economical and sustainable option
was to construct a new trunk watermain at the south end of the City between Stanley
Avenue and Montrose Road which includes the crossing of the QEW.
The new trunk watermain supports the need of a secondary feed required to support the
new hospital and also provides servicing for properties that have frontage along the
alignment of the project and further creates a loop within the water distribution system
that allows for improved water quality.
Due to the importance of the project along with the expertise required to construct a
watermain that requires the use of micro tunneling to cross the QEW highway corridor,
City staff requested engineering services from Associated Engineering Ltd who has
extensive experience with the design and oversite of trenchless technology related
projects including tunneling under the QEW, highway 401 and highway 407.
Since the start of the project Associated Engineering has provided exce llent service
throughout the design process including key components relating to the micro tunneling
portion of the project to ensure only qualified contractors are able to complete the
trenchless portion of the project through the pre-qualification process.
Associated Engineering also played a key role in preparing the tender documents and
responding to specialized technical questions relating to the project.
In order to ensure the construction portion of the project is successful City staff strongly
recommend that Associated Engineering provide experienced and highly qualified
construction services throughout the duration of the project which includes contract
administration, daily site inspection, review of specialized shop drawings for micro
tunneling, and the daily review of settlement monitoring results to ensure the City and
MTO is informed of any concerns or issues during micro tunneling.
Analysis
Undertaking a competitive process rather than using a single source will likely add cost,
incur delays, potentially add risk to the City and impact the limited staff resources within
the Municipal Works Engineering department. Associated Engineering Ltd, through their
previous work experiences has a significant advantage over other potential bidder s due
to their familiarities and expertise with similar micro tunneling projects, established
relationships with internal City Staff and external agencies i.e. Ministry of Transportation
and Niagara Peninsula Conservation Authority.
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Due to the size and scope of this single source Council approval is required. City Staff
believe that due to the criticality and importance of the project the sole source assignment
provides the best value to Niagara Falls taxpayers, frees up limited resources for other
capital projects managed by Engineering department staff, and further accelerates the
City’s commitment in supporting the development of the New Niagara South Hospital.
Based on the above-noted benefits the City solicited a fee proposal from Associated
Engineering to undertaken construction services which include contract administration
and field inspection for the full construction of the new watermain installation between
Stanley Avenue and Montrose Road including the crossing of the QEW. Considering the
estimated duration of the project of one hundred and thirty working days and expertise
required, their fee proposal represents approximately five percent (5%) of the overall
construction costs, which is appropriate and representative for the level of effort
necessary to ensure quality results by the contractor. Payment will be made only for actual
time and expenses incurred, up to the upset limit of the proposal.
Operational Implications and Risk Analysis
Due to the importance and criticality of this new watermain project which includes the
crossing of the QEW, Associated Engineering was retained to complete the detail design.
To ensure the construction portion of this highly skilled process is completed with highest
level of oversite staff believe a single source to Associated Engineering provides the City
of Niagara Falls with the most value to the taxpayers.
Financial Implications/Budget Impact
The fee proposal to undertake construction services is $346,242 plus applicable taxes. It
is recommended to proceed with the requisition of these professional services utilizing
funding from the available approved budget associated with capital project W62 -21
Reixinger Watermain – QEW Crossing, account 12-3-430062-030000.
Strategic/Departmental Alignment
This request sole source request is in full alignment with City Council’s Strategic priorities
as follows:
• Capital Works project aligns with Council's Strategic Priority to establish
infrastructure sustainability within the City
• Prepare for our City's growth by ensuring infrastructure is planned and designed
to meet the needs of residents, businesses and visitors today and in the future
• Aligns with Council's ongoing support of the development of the New South
Hospital
Written by:
Joe Colasurdo, Project Manager
Erik Nickel, Director of Municipal Works
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Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 20 May
2022
Jason Burgess, CAO Approved
- 24 May
2022
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PBD-2022-41
Report
Report to: Mayor and Council
Date: May 31, 2022
Title:
26CD-11-2019-003, Extension of Vacant Plan of
Condominium
6894 Garner Road
Applicant: Kingsway Developments (6894 Garner) Inc.
Recommendation(s)
That Council grant a 1-year extension to draft plan approval of the Plan of Vacant Land
Condominium ending October 22, 2023.
Executive Summary
Kingsway Developments (6894 Garner) Inc. submitted a Plan of Vacant Land Condominium to
divide lands known as 6894 Garner Road into 7 townhouse dwelling units. The Condominium was
approved on October 22, 2019 with a time period of 3 years to clear conditions (ending October
22, 2022). The land was sold to Kingsway Developments (6894 Garner) Inc. who has submitted
a request to extend the draft plan approval until October 22, 2025. The applicant has requested
a 3 year extension due to Covid-19. The applicant has stated that Covid-19 has put a significant
strain on their operations and current projects due to unprecedented increase of costs, labor
shortages and long delays.
The City can grant extensions to draft plan approval provided that the plan continues to meet
relevant Provincial, Regional and Local policies. The draft plan and conditions still conform to
Provincial, Regional and City policies and applicable zoning and development standards.
Planning Staff recommend a 1 year extension to the draft plan approval, calculated from the
current date of expiry, to allow a reasonable amount of time to fulfill remaining conditions while
encouraging the development of housing to meet short-term needs.
Background
Proposal
On October 22, 2019, Council granted draft plan approval to a vacant land of condominium for
lands that are 0.2 ha (0.5 acre) in size, located at 6894 Garner Road. The draft plan of vacant
land of condominium proposed to subdivide the property into 7 townhouse dwelling units. The
units are proposed to be accessed via a private road. The location of the subject property is shown
on Schedule 1. The layout of the draft plan of vacant land of condominium is shown on Schedule
2.
The applicant has submitted a request to extend the draft plan approval by 3 years, which would
provide for a new lapsing date of October 22, 2025.
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Analysis
The applicant has submitted a request for an extension to draft plan approval (see Appendix A
for the request letter). Draft plan approval was granted on October 22, 2019 subject to 23
conditions (see Appendix B). The applicant has one remaining condition. The applicant has
requested an extension due to Covid-19. The applicant wants more time to provide the City with
the fees required when registering and finalizing the draft plan for the vacant land of condominium.
The City can grant extensions to draft plan approval provided that the plan continues to meet
relevant Provincial, Regional and Local policies. Currently, the applicant has 1 condition
remaining. Execution of the condominium agreement and procurement of the related securities
have yet to be completed.
Although the applicant has request a 3 year extension, Planning Staff recommend a 1 year
extension. The City's typical practice has been to grant extensions on a 1 year basis. This
extension provides the applicant with approximately 17 months to secure funding and execute
the condominium agreement. The 1 year extension will ensure the City's short-term interest
regarding needed housing is achieved in a timely manner.
Recent changes to the Planning Act under Bill 109 allow municipalities the right to deem draft
approvals not to have lapsed if final approval has not been granted by the lapsing date. Such
deeming can occur within 5 years of the lapsing date. This change will afford municipalities extra
flexibility if final approval is not granted by the lapsing date.
The conditions of draft approval are listed in Appendix B. The condominium agreement will need
to be executed before the final plan of vacant land condominium drawings can be approved.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property tax
revenue for the City.
Strategic/Departmental Alignment
The proposed condominium supports the Healthy and Vibrant Community Strategic Priority by
providing additional housing for residents.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Vacant Land of Condominium Plan
Appendix A - Request for Extension of Draft Plan Approval
Appendix B - Conditions for Draft Plan Approval
Written by:
Alexa Cooper, Planner 2
Submitted by: Status:
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Andrew Bryce, Manager, Current Planning Approved
- 20 May
2022
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 24 May
2022
Jason Burgess, CAO Approved
- 24 May
2022
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3
SCHEDULE 1
(Location Map)
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4
SCHEDULE 2
(Vacant Land of Condominium Plan)
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5
APPENDIX A
Request for Extension of Draft Plan Approval
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6
APPENDIX B
Conditions for Draft Plan Approval
1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by J. D.
Barnes Limited, dated June 21, 2019, showing 7 units of vacant land for townhouses
as well as a common private road, visitor parking and amenity 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 four copies of the pre-registration plan to Planning, Building
& Development and a letter stating how all the conditions imposed have been or are
to be fulfilled.
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 Condominium
land to the City Solicitor prior to the preparation of the Vacant Land Condominium
Agreement.
6. The developer provide a landscape plan, prepared by a Landscape Architect
(OALA), showing wood fencing along adjacent lot lines, privacy fencing/buffering
between units, fence details, plantings including tree planting and patios to the
satisfaction of Parks Design.
7. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal
to 5% of the appraised value of the lands subject to this condominium as determined
by a qualified appraisal, to the satisfaction of the City.
8. The developer provide a 1.5 metre wide sidewalk, complete with tactile warning
surface at the intersections, along the east side of Garner Road across the frontage
of the subject parcel.
9. The roadway, underground services, lot grading and construction shall all be
designed and constructed in accordance with City standards. The developer shall
provide all servicing, grading and photometric plans for review and approval prior to
start of construction and ensure that the existing municipal infrastructure will
adequately service the development as proposed. Note that no looping connections
of the existing watermain will be permitted at any point within the development
(single connection to the municipal distribution network only).
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7
10. The grading concept shall adhere to the City’s Lot Grading & Drainage Policy as
amended.
11. The developer submit a lighting plan prepared by a professional engineer. The
design is to be independently powered and metered. Photometric plans are to be
submitted demonstrating zero impact on neighbouring properties.
12. The developer pay the applicable development charges in place at the execution of
the Vacant Land Condominium Agreement and at Building Permit issuance in
accordance with By-law No. 2019-69, as amended.
13. The developer pay the City the applicable required fees for administration.
14. That the developer’s Engineering Consultant provide written acceptance that the
works completed conform with the City’s accepted drawings and in accordance with
NPSCD and City construction specifications.
15. 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.
16. The developer meet the requirements of Enbridge Gas Distribution with respect to
the provision of their facilities to the subject lands including providing necessary
easements, any necessary relocation of the gas main, provision of an exclusive use
location for a pressure reducing regulator station, installation of gas piping and
subsequent completion of landscaping, grading and paving, and service and meter
installation details.
17. That a Community Mail Box (CMB) be located determined by Canada Post, and that
the developer identify this site on a display in the sales office prior to offering any
units for sale
18. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser that the mail delivery will be from a designated
Community Mail Box (CMB) and that the developer will be responsible for officially
notifying the purchasers of the exact CMB locations and easements granted to
Canada Post prior to the closing of any home sales.
19. The developer satisfy all requirements of Canada Post regarding temporary and
permanent CMB locations and associated works and concrete pads, illustrating the
CMB on engineering servicing drawings, installation, notification of the start of
construction and providing mail service information to property owners.
20. The developer agree in the Vacant Land Condominium Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada any easements that may be
required for telecommunication services. Easements may be required subject to
final servicing decisions. In the event of any conflict with existing Bell Canada
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8
facilities or easement, the developer shall be responsible for the relocation of such
facilities or easements.
Note: The developer is hereby advised that prior to commencing any work, the
developer must confirm that sufficient wire-line communication/telecommunication
infrastructure is available. In the event that such infrastructure is unavailable, the
developer shall be required to pay for the connection to and/or extension of the
existing communication/telecommunication infrastructure. If the developer elects
not to pay for the above noted connection, then the developer will be required to
demonstrate to the satisfaction of the City that sufficient alternative
communication/telecommunication will be provided to enable, at the minimum,
effective delivery of communication/telecommunication services for emergency
management services (i.e. 911 Emergency Services).
21. The following clauses be included in the condominium agreement:
“Purchasers/Tenants are advised that due to the proximity of this development to
designated agricultural lands, future agricultural activities may result in impacts (e.
g. noise, dust and/or odour) that may occasionally interfere with some activities of
the dwelling occupants.”
“The owner ensures the development is in accordance with Niagara Region’s
Corporate Policy for Waste Collection and completes the Application for
Commencement of Collection.”
“Owners/Purchasers/Tenants are advised that in order to accommodate Regional
waste collection services, they will be required to bring their waste/recycling to the
curbside of Garner Road in clearly marked containers on the designated collection
day.”
22. The developer provides a written acknowledgement to Niagara Region 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 developer.
23. The developer submit a written undertaking to Niagara Region stating that all Offers
and Agreements of Purchase and Sale or Lease, which may be negotiated prior to
registration of this condominium, shall contain a clause indicating that servicing
allocation for this condominium will not be assigned until the plan is registered, and
a similar clause be inserted in the condominium agreement.
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 Niagara Region.
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9
2. Prior to final approval for registration, a copy of the executed condominium
agreement for the proposed development should be submitted to Niagara
Region for verification that the appropriate clauses pertaining to any of these
conditions have been included. Niagara Region recommends that a copy of
the draft agreement also be provided in order to allow for the incorporation of
any necessary revisions prior to execution.
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 developer as one complete package, or circulated to the
Niagara Region by the City of Niagara Falls.
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 to 3 (inclusive)
- Legal Services for Conditions 4 and 5
- Parks Design for Conditions 6 and 7
- Municipal Works for Conditions 8 to 14 (inclusive)
- Fire Services and Building Services for Condition 15
- Enbridge Gas for Condition 16
- Canada Post for Conditions 17 to 19 (inclusive)
- Bell Canada for Condition 20
- Regional Development Services for Conditions 21 to 23 (inclusive)
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CLK-2022-10
Report
Report to: Mayor and Council
Date: May 31, 2022
Title: Implementation of Building Drawings Disclosure Policy
Recommendation(s)
THAT City of Niagara Falls Council approve the attached Building Drawings Disclosure
Policy, and
THAT Council receive report CLK 2022-10 for information.
Executive Summary
In an effort to increase the availability of records and expedite the disseminatio n of
records, the Clerks Department has created a Routine Building Disclosure policy. In
accordance to section 50 of the Municipal Freedom of Information and Protect of
Privacy Act (MFIPPA), the goal of this policy is to improve service delivery and access
to records. Institutions may proactively make records available through routine
disclosure policies or other initiatives, when certain records are frequently requested.
Background
The Clerk's Department regularly receives requests for individual property dwelling
drawings and building related documents. Processing these requests through the
Freedom Of Information (hereafter, FOI) process, is time consuming and could be better
managed through a disclosure policy.
Currently, Staff spend approximately multiple hours on each request for building
drawings. In accordance with MFIPPA, Staff are unable to charge, the legislated
processing, rates for the time spent on these requests. By implementing this policy,
Staff will spend less time dedicated to each build ing related request and be able to
provide requesters the information in a more timely fashion.
Operational Implications and Risk Analysis
In order to mitigate risk, records will be stamped or watermarked with Copyright and the
requester will sign a form stating that they are liable under the federal Copyright Act to
not copy, or use the intellectual property contained on the record(s) as the ir own.
Additionally, owners of the property will need to show identification when retrieving the
documents.
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Financial Implications/Budget Impact
The financial implications are associated to reducing Staff time when processing current
requests, to more effectively direct attention to other endeavors.
Strategic/Departmental Alignment
The implementation of this policy will modernize our current practices to encourage
open government initiatives that serve the public in the most effective and efficient
manner.
Contributor(s)
Nidhi Punyarthi, City Solicitor
Kira Dolch, Director of Planning, Building and Development
Sam Valeo, Chief Building Official
Bill Matson, City Clerk
List of Attachments
May 31, 2022 - Building Drawings Disclosure Policy
Written by:
Margaret Corbett, FOI, Records & Elections Officer
Submitted by: Status:
Bill Matson, City Clerk Approved
- 27 May
2022
Jason Burgess, CAO Approved
- 27 May
2022
Page 2 of 14
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Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 1 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
Purpose
To establish a policy to provide access to and disclosure of (viewing and copying) “building
drawings” in accordance with the Municipal Freedom of Information and Protection of Privacy
Act (hereby, the Act) and to provide guidance on what constitutes personal information.
The City of Niagara Falls, in accordance with the provisions of the Act and in association with
the Clerks Department, will provide access to and disclosure of (viewing and copying)
“building drawings”, in accordance with this standard practice:
• To ensure compliance with the Act, the following policy has been adopted with
respect to the release of building drawings (i.e. drawings associated with permit
applications made pursuant to the Building Code Act).
• To exercise a reasonable standard of care in the duties of enforcing the Ontario
Building Code (OBC) and municipal by-laws.
Scope
This standard practice does not apply to requests where buildings of high security or
significant importance are involved such as banks, police stations, public and private schools
and municipal offices without the written consent of the building owner.
1. Requests for access to building plans will be processed in accordance with
procedures set out in Section A, except where Section B applies.
2. Requests for access to and disclosure of building drawings will be processed in
accordance with procedures set out in Section B.
3. Access to and disclosure of personal information of an identifiable individual is
prohibited. City Staff must consider whether information they provide by telephone,
mail, email or in person is personal information about an identifiable individual.
Guidance on this is provided in Section B of the policy.
4. Requests for access to and disclosure of records other than those set out in this
standard practice shall be processed by the Clerk or their designate.
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Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 2 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
5. Requests for access to and disclosure of building drawings on file with the City
archives shall be processed by the Clerk or their designate in accordance with
separate procedures administered by the Clerk or their designate.
6. Requests received by the Clerks Department will be processed no later than 30
days after the completed request is received.
7. This standard practice does not preclude Clerks Department staff from discussing
and communicating with the property owner and/or the owner’s authorized agent and
design professionals when processing and dealing with an active application or permit
file, including those applications for review identified in the defined building records.
8. Decisions relating to requests under the Act for access to a record may be appealed
to the Information and Privacy Commissioner (IPC) – www.ipc.on.ca. Further,
disclosure of personal information under Section 32 of the Act may be the subject of a
privacy complaint and the IPC has the authority to investigate that complaint.
Background
The Act gives the public a right of access to records held by the City. Individuals may request
any record of information in any form, including letters, reports, computer tapes, electronic
records, e-mail, and video or audio tapes.
The Act provides for specific exemptions from the general right of access, such as:
• personal information about an identifiable individual, or
• records, the disclosure of which could reasonably be expected to endanger the
security of a building.
Records other than those exempt from disclosure must be made available to a member of the
public upon request. It is the City’s policy to determine which records may be disclosed in a
routine manner and to do so whenever possible as part of the business unit’s normal
business practices.
Page 4 of 14
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Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 3 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
The Clerks Department, together with members of the Building Department, has considered
and will continue to review the policies and practices relating to access and disclosure of
records.
This standard practice, which may be revised from time to time, sets out the department’s
policy and procedures relating to providing access to and disclosure of records held by
Building Department in regards to Building drawings.
Section A: Access to Reviewed Permit Drawings
Residential Buildings - Access to building drawings of entirely residential buildings is
permitted in accordance with the following provisions:
1. Access to (viewing and copying) of wholly residential building drawings is permitted
only to requesters who can prove/confirm they are:
• the owner of the property that is the subject of the request;
• a director of the management company responsible for the building on
behalf of a property owner;
• any person who has the written consent of a property owner or the
management company;
• in the case of a City-owned building, a person with the authorization of the
Chief Building Official; and
• an officer of the Municipal Property Assessment Corporation (MPAC).
2. Residential building drawings will be made available after the date the permit file
was closed by the Building Inspector:
3. Requests are to be submitted to the Building Department on the prescribed
Application Form, attached as Appendix A.
4. A separate application shall be required for each property address requested.
Page 5 of 14
Page 166 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 4 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
5. Staff will verify that the owner of the property at the time of the access request is
the same as the owner at the time when the applicable permit was submitted. If the
property owner is not the same the request must be processed pursuant to Section
A (2).
6. Staff will verify the identification of the requester.
7. Staff will direct the requester to pay the $5.00 application fee as outlined by the Act.
Printing and copying fees do apply where applicable.
8. A reasonable search shall be made in accordance with the Reasonable Search
procedure, attached as Appendix B.
9. To reduce the cost and effort to produce building plans, the requester, if authorized,
will be encouraged to view the plans in advance of copying to identify the plans
desired.
10.If the building plans requested cannot be found, staff will complete the Standard
Decision Letter (1), attached as Appendix C, and provide a copy to the requester.
11.If the building plans are located and are to be copied for the requester, staff will
complete and provide the requester with a copy of the Standard Decision Letter (2),
attached as Appendix D. This letter provides notice to the requester regarding their
obligations under the Copyright Act and to consult the designer for accuracy of the
building plans.
12.When building plans are large and/or several copies are requested, staff will
provide the requester with information about a third-party printer, including the
reproduction costs and how to pay.
13.Staff will contact the third-party printer to arrange for pick up and copying of the
building drawings. The third-party printer will return the original plans to the Clerks
Department.
14.Fees for in-house photocopying shall be in accordance with the applicable stand
fees.
Page 6 of 14
Page 167 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 5 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
15.Copies of all application forms shall be maintained by the Clerks Department in
accordance with the City’s record retention policies.
All Buildings - Except as provided in subsection (1) for residential buildings, access to
reviewed building drawings of all buildings is permitted in accordance with the following
provisions:
1. Access to (viewing and copying) building drawings is permitted only to requesters
who can prove/confirm they are:
• an owner of the property that is the subject of the request;
• a director of the management company responsible for the building on
behalf of a property owner;
• any person who has the written consent of a property owner or the
management company;
• in the case of a City-owned building, a person with the authorization of the
Chief Building Official; and
• an officer of the Municipal Property Assessment Corporation (MPAC).
2. Requests are to be submitted to the Clerks Department on the prescribed
Application Form, attached as Appendix A.
3. A separate application shall be required for each property address requested
except for MPAC, who can file one application with multiple addresses.
4. Staff will verify the identification of the requester and confirm the ownership of the
property.
5. Staff, at their discretion, will verify the letters of consent from property owners and
management companies when appropriate.
6. Staff will direct the requester to pay the $5.00 MFIPPA application fee. Printing and
copying fees do apply where applicable and the requestor shall be notified of the
costs prior to printing.
Page 7 of 14
Page 168 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 6 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
7. A reasonable search shall be made in accordance with the Reasonable Search
Procedure attached as Appendix B.
8. To reduce the cost and effort to produce building drawings, the requester, if
authorized, will be encouraged to view the drawings in advance of copying to
identify the drawings desired.
9. If the building plans requested cannot be found, staff will complete the Standard
Decision Letter (1), attached as Appendix C, and provide a copy to the requester.
10.If the building drawings are located and are to be copied for the requester, staff will
complete and provide the requester with a copy of the Standard Decision Letter (2),
attached as Appendix D. This letter provides notice to the requester regarding their
obligations under the federal Copyright Act and to consult the designer for accuracy
of the building plans.
11.When building plans are large and/or several copies are requested, staff will
provide the requester with information about the third-party printer, including the
reproduction costs and how to pay.
12.Staff will contact the third-party printer to arrange for pick up and copying of the
building drawings. The third-party printer will return the original plans to the Clerks
Department.
13.Copies of all application forms shall be maintained by the Clerks Department in
accordance with the City’s record retention policies.
14.The Building Department shall image documents specified in this policy “in the
usual and ordinary course of business”.
Section B: Personal Information
Routine disclosure of information and records is supported by City of Niagara Falls and the
IPC. However, other than as set out in Section B, municipal staff shall not provide any
Page 8 of 14
Page 169 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 7 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
personal information of any identifiable individual to anyone making such a request, including
individual Councillors.
As a guideline, any personal information of an identifiable individual cannot be released or
disclosed. The following are examples of personal information:
• Phone number and email address of an identifiable individual, including that of the
property owner, applicant, builder, and designers when they are not a business or
company.
• Copies of the signature of any person.
• Copies of Orders to Comply containing personal information. Therefore, when Orders
to Comply are required to be posted on site, they must not contain any personal
information.
Information that is not considered personal and that can be released or disclosed, include:
• Name, address, postal code, phone numbers, email address of companies, including
the property owner, applicant, builder, and designers, provided they are a business or
company. Information may not be disclosed if the request is for personal residence or
private property and without the individual(s) consent.
• Application and permit numbers.
• Date of application and permit issuance.
• Project information such as: building number, street name, lot and concession
number, postal code, plan number, area of work and estimated construction value.
• Dates of declarations on application forms.
• Building plans disclosed in accordance with Sections A and B of this Standard.
Page 9 of 14
Page 170 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 8 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
Fees
Fees Effective June 1, 2022:
Application Fee $5.00
Routine Disclosure (for each residential building or
building)
(to include up to 15 pages of either 8.5”x11.0” or
11.0”x17.0”)
$45.00
Photocopying small building drawings (8.5”x11.0”) or
11.0”x17.0”) (per page) $0.20
USB Stick (if record(s) exceed(s) 35 pages or upon
request)$10.00
When building plans are large and/or several copies are requested, staff will provide the
requester with information about the third-party printer, including the reproduction costs and
how to pay. Staff will contact the third-party printer to arrange for pick up and copying of the
building drawings.
Attachments
Appendix A: Application Form
Appendix B: Reasonable Search Procedure
Appendix C: Standard Decision Letter (1) (no record found)
Appendix D: Standard Decision Letter (2) (request completed)
Page 10 of 14
Page 171 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 9 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
Appendix B
Reasonable Search Procedure
A request may not sufficiently describe the record sought and therefore may not be
considered a "complete request". Clarification of what is being sought is required as a request
may be worded too broadly.
If the Building Department receives a request such as “I would like copies of all building plans
for “123 ABC Street,” request further information from the requester in order to narrow the
search, for example ask for specific years or specific project(s).
Clarifying or narrowing a request is helpful to both the institution and the requester. If the
person attends City Hall, the request can be clarified or narrowed immediately. If not, staff
should telephone the requester and offer assistance in reformulating the request to identify
the specific record(s). After a request has been clarified or narrowed it should be clear to each
party what records are being requested.
Search for Records
1. The City is required to carry out a reasonable search when responding to a request.
The following should also be considered when searching for records:
•identify the specific files and data banks that should be searched;
•ensure that if a requester claims certain records should exist, they
have been searched for in the appropriate files; and
•establish whether other files and data banks and those of
alternative media might contain records responsive to the request,
i.e. microfilm.
2. If a record cannot be found, staff should be prepared to verify in an affidavit, the steps
taken to locate a record. In the event of an appeal to the IPC on whether the search
was sufficient, the staff who conducted the search may be summoned to attend an oral
inquiry on how the search was conducted at the IPC offices.
3. All records prior to 1970 may be listed under the former municipalities.
Page 11 of 14
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Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 10 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
4. Hard copies of exiting drawings or plans and permits may be available from the current
year back seven years, in accordance with the City of Niagara Falls Records Retention
By-law.
Page 12 of 14
Page 173 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 11 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
APPENDIX C
Standard Decision Letter (1) (no record(s) found)
Subject: City of Niagara Falls Request for Records No. 20__-________
We are replying to your access request under the Municipal Freedom of Information and
Protection of Privacy Act and the Corporate Disclosure Policy for Building Drawings received
on (date: month, day, year).
You have requested access to a copy of the building plans pertaining to (civic address and
legal description) in the City of Niagara Falls.
The search has been conducted by staff of the Building Department has found no building
drawings for this location, therefore, access cannot be granted, as the plans do not exist.
You may request that the Information and Privacy Commissioner review this decision.
The Commissioner is located at 2 Bloor Street East, Suite 1400, Toronto, Ontario M4W 1A8.
Please provide the Commissioner with the following:
i) request number assigned to your request;
ii) a copy of this decision letter;
iii) a copy of your original request.
Please note that you have 30 days from receipt of this decision to request a review.
In addition, you must send an appeal fee to the Commissioner's office. Please be advised that
the fee to appeal a request for general records is $25.00. Please include the fee in your letter
of appeal. Appeal fees should be in the form of either a cheque or a money order, made
payable to the Minister of Finance.
Should you have any questions, please contact the Clerks Department at (905) 356-7521
extension 4271.
Page 13 of 14
Page 174 of 292
Department
Clerk’s Department
Division
Subject Building Drawings Disclosure
Policy
Policy #
400-xx
Issue Date May 2022 Revision Date N/A
x Policy ☐ Procedure Page Page 12 of 12
Submitted by
Director Date
Recommended by
CAO Date
☐ Approved by Council Report#Bylaw#Date
APPENDIX D
Standard Decision Letter (2) (request complete)
Subject: City of Niagara Falls - Request for Records No. 20__-________
We are replying to your access request under the Municipal Freedom of Information and
Protection of Privacy Act and the Corporate Policy for Building Drawings received on (date:
month, day, year).
You have requested access to a copy of the building plans pertaining to (civic address
and legal description) in the City of Niagara Falls.
Access in full is being granted to your request.
If we are required to order the plans from an off-site location, you will be contacted by
our office when we receive them. You will then need to make an appointment to view
and select the building plans that are to be printed regarding this address. The building
plans that you select at the time of your appointment will be sent to a printing firm if they
cannot be printed in-house. You will be asked to arrange for payment to the printing firm
directly for any copy and delivery charges for the building plans.
Please note that the building plans are copies of those on file at the City of Niagara Falls. The
City disclaims any liability as to the accuracy of the contents of the
building plans as provided and would recommend that you contact the engineers,
surveyors and/or architects noted on building plans to confirm accuracy if you intend to
rely on them for any reason. Please note also that you are still subject to the provisions
of the Copyright Act.
Should you have any questions, please contact the Clerks Department at (905) 356-7521
extension 4271.
Page 14 of 14
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1
Heather Ruzylo
To:Bill Matson
Subject:RE: Request for a Noise By-law Exemption
_________________________________________________________________________________________________
From: Jim Diodati <jdiodati@niagarafalls.ca>
Sent: Wednesday, May 18, 2022 11:35 AM
To: Jyotiprakash Desai < >; Jim Diodati <jdiodati@niagarafalls.ca>; Gerald Spencer <gspencer@niagarafalls.ca>
Cc: Bob Gale <
Subject: RE: [EXTERNAL]-Noice extension Saturday on July 16 Concert at Firemen's park
Hello Jyotin:
Thanks for reaching out. I’m connecting you directly with our Bylaw Manager, Gerald Spencer
here so he can follow up with you on next steps regarding your request.
Best of luck for a successful event!
Jim
Jim Diodati | Mayor | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca
From: Jyotiprakash Desai <
Sent: Wednesday, May 18, 2022 11:11 AM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Page 176 of 292
2
Cc: Bob Gale <
Subject: [EXTERNAL]-Noice extension Saturday on July 16 Concert at Firemen's park
Honorable Mayor
Gujatari Society Niagara inc. would like have out door concert on July 16 Saturday at
Firemen's Men park
We have learn that concert time to 9.30 pm.
I am requesting noice extension time to 10.30pm
Please approve our request.
Sincerely
Jyotin Desai
Secretary/Treasurer GSN Inc.
Mr. Diodati
You have come our program many time.
Page 177 of 292
1
Heather Ruzylo
Subject:Request for Proclamation- 230th Anniversary- 15 Ships to Sierra Leone
From: kathrin winkler <
Sent: Sunday, May 15, 2022 12:35 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-to Mayor and Council: Request for Proclamation- 230th Anniversary- 15 Ships to Sierra Leone
Dear Mayor Diodati and Council,
This year marks the 230th anniversary of the remarkable Black Loyalist exodus from Halifax to
Freetown. This journey is the single, largest return of African descendants to the continent of Africa
throughout history. Please join 230 mayors and councils from across Canada to acknowledge
this 230th anniversary year by proclamation and/or social media. We acknowledge the
importance of your leadership for community and change, and respectfully request your support for
this initiative.
#1792Project began in Nova Scotia.The story of the 15 Ships to Sierra Leone departing Halifax
harbour on January 15, 1792, is not only a Maritime story. This voyage has had an impact on all of
Canadian society. Together we can address this omission in our history books to reach a fuller
understanding of the history of slavery and race in this nation. Over 25 municipalities have issued
proclamations in Nova Scotia and the town of Shelburne leads this initiative of cross Canada
Proclamations.
Black Loyalists were self liberated individuals who came to Nova Scotia after the American
Revolution, as did the white Loyalists who brought with them an estimated 1,232 slaves.
Broken promises of land and liberation together with remarkable courage to cross the ocean at the
height of the trans-Atlantic chattel slave trade remains an untold story of reslilence of the 1,196
seafarers who chose to leave. But it is also a story of failure of community and government to
provide safe haven here on these shores for these Black Loyalists. Through participation and
Page 178 of 292
2
education we must all do better to connect the history of failures to how the legacy of this history
continues.
We, the #1792Project team, are community members, students and educators and we have come
together in the imperative of sharing, commemorating and acknowledging this story through
education. How can we make a difference as a grassroots effort?
We request that your municipal government as one of 230 municipalities across Canada proclaim
and recognize the historic departure of 15 ships prepared in the dead of winter (the Lucretia, the
Somerset, the Beaver, the Parr, the Venus, the Mary, the Catherine, the Prince William, the Sierra
Leone, the Morning Star, the Eleanor, the Felicity, Prince Fleury, the Brothers, and the Betsey) for a
journey of hope. Please find a sample proclamation below.
Sincerely,
Karen Hudson, kathrin winkler, Carol Millett #1792Project
SAMPLE/DRAFT Proclamation : Municipal Council and Mayor
Whereas …... we proclaim the 230th anniverary of 15 ships departing the harbour of Halifax in 1792,
and that the conditions and causes that led to the exodus of 1,196 self liberated Black Loyalist were
conditions of abject institutionalized racism and that this departure took place at the height of the
transatlantic chattel slave trade, one of the cruelest chapters in the history of humanity.
Whereas the ………. recognizes that people of African descent have been a part of Canadian
society since the early 1600s and that their enslavement occurred on this land for centuries and that
the Black Loyalists departure is linked to the failure of institutional, political and societal will to fulfill
the promises that were made to the communities that left for Sierra Leone.
Whereas …………. is committed to promote histories such as the 15 Ships to Sierra Leone that often
have been left in a vacuum of erasure throughout Canada. The resources provided for well known
monumentation have historically been funded at the expense of those erasures.
Whereas …………….continues to recognize the ongoing significance of the UN Decade of African
Descent and the importance of recognizing the history of Black Loyalists in Nova Scotia and
throughout Canada. We recognize that rural or urban, from sea to sea we share a responsibility for
reparation.
Whereas we recognize that secure housing and land was promised to these early settlers and very
few received what was owed. Despite petitions (by Thomas Peters)the promised land and supplies
were not provided . For many Black Loyalists, shared Mi'kmaq knowledge was key to survival in the
first winters. Reparations for injustice is the path forward.
Thereby be it resolved that I, Mayor_________ declare 2022 as the 230th anniversary - Year of
Black Loyalist Exodus: 15 Ships to Sierra Leone #1792Project
MORE INFORMATION #1792 Project Team (We are happy to present the project to council)
CityNews
Everywhere Article: Local school marks African Heritage Month with the #1792Project
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3
Cole
Harbour Wire Article: The class of...1792
Global
News Article - Nova Scotia students commemorate Black Loyalists who sailed to Sierra Leone in 1792
CBC
Article: N.S. pays tribute to Black Loyalists who sailed to Sierra Leone in 1792
YouTube:
#1792 Project - Freetown Sierra Leone
Happy
birthday Song To King Adebayoh - Sierra Leone Music 2020
Elementary/Junior High Resources:
Elementary
and Junior H.S. Students - #1792 Project Resources and Lesson Starters
“Message
in a Bottle- 15 Ships to Sierra Leone.”
Black
Loyalist site: Nova Scotia
Black
Loyalist site: New Brunswick
Thomas
Clarkson’s journal
The
journals of Black Loyalists Boston King and David George
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4
tREv
clothing design
Attachment(s):
samara_hudson-ash_and_zais_letters_003.pdf
letter_to_the_editor_1792project_-_230th_anniversary_of_15_ships_to_sierra_leone.pdf
elementary_and_junior_h.s._students_1792_project.pdf
I acknowledge that we are in Mi’kma’ki, the ancestral and unceded territory of the Mi’kmaq People. This territory is
covered by the “Treaties of Peace and Friendship” which Mi’kmaq and Wolastoqiyik (Maliseet) Peoples first signed with
the British Crown in 1725. The treaties did not deal with surrender of lands and resources but in fact recognized
Mi’kmaq and Wolastoqiyik (Maliseet) title and established the rules for what was to be an ongoing relationship between
nations.
As descendants of Africans stolen from their homeland of Africa, Black Nova Scotians are owed reparations for centuries
of inter-generational trauma from anti-Black racism rooted in chattel slavery, and for the systemic denial of
opportunities to create wealth. Both continue to the present day.
White people benefit from these wrongs and as such have a responsibility to do their part to right these wrongs. We all
will be stronger. Be brave.
We can't afford to do anyone harm
Because we owe them our lives
Each breath is recycled from someone else's lungs
Our enemies are the very air in disguise Ani Difranco, Looking for the Holes
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 181 of 292
1
Heather Ruzylo
Subject:-NIAGARA FALLS (ON) / NEVER GIVE UP DAY 2022
From: Carey Campbell <ccampbell@niagarafalls.ca>
Sent: Wednesday, May 25, 2022 12:53 PM
To: Mr Never Give Up < >; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather
Ruzylo <hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>
Cc: Tatjana Jaluvka <tjaluvka@niagarafalls.ca>
Subject: RE: [EXTERNAL]-NIAGARA FALLS (ON) / NEVER GIVE UP DAY 2022
Dear Alain:
Thank you for being in touch with Mayor Diodati and for your request for a proclamation in
Niagara Falls for Never Give Up Day. I’m not sure if you know, but the world renowned
tightrope walker used the phrase “never give up” after he completed his famous wire walk
across the falls from the United States to Canada in 2012. By way of this email I am including
staff in our Clerk’s Department in order to bring this forward to City Council for their
consideration and follow up.
Thank you for reaching out and best of luck connecting with cities and gaining support for this
day.
Kind regards,
carey
Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca
From: Mr Never Give Up <
Sent: Wednesday, May 25, 2022 12:35 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-NIAGARA FALLS (ON) / NEVER GIVE UP DAY 2022
Dear Mr. Mayor,
This August 18, communities across the US, Canada, United Kingdom and Australia are getting geared up for
Never Give Up Day.
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2
Never Give Up Day is a global celebration day focused on cultivating a mindset of determination. Here are the
US & Canadian cities that have already proclaimed August 18, 2022, as Never Give Up Day: Milwaukee (WI),
Fort Worth (TX), Irving (TX), Grand Rapids (MI) Florence (SC), Charlotte (NC), Brampton (ON), Burlington (ON),
Regina (SK), Halifax (NS), Saanich (BC) , Welland (ON) and more.
What our communities do each year is nothing short of amazing. This unique celebration day is dedicated to
showcasing the impactful resilience and determination in our community. A mayoral proclamation will signal
the city's role in recognizing the importance of never giving up as so many organizations in your city are
waging hope at particular meetings and portraying the never give up attitude. They realize that the power
comes from the city-wide network to make things happen. The more people know about Never Give Up Day,
the more people will be encouraged to never give up.
This day serves every community across the nation and remains relevant for all health and social care
providing associations, nonprofits, charities and so many more, in their efforts to establish a call to action and
fundraising activities. The day not only applauds people for reaching their goals but also supports those who
are still trying to achieve their goals.
I will be honored if you can consider my request to proclaim August 18, 2022, as Never Give Up Day and invite
the citizens to make this day a springboard for awareness-raising actions.
If interested, I can provide you with a Mayoral Proclamation template and additional information.
Looking forward to hearing from you.
Best Regards,
Alain / Director-Global #NeverGiveUpDay
www.nevergiveupday.com
www.facebook.com/NeverGiveUpDay
(647) 243 7276
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 183 of 292
A Great City … For Generations To Come
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Seniors Advisory Committee
Date: May 12, 2022
Re: Terms of Reference – Seniors Advisory Committee
With the four-year term of the inaugural Seniors Advisory Committee coming to a close
the committee has reviewed the terms of reference and has recommended the following
revisions.
Remove the representative from the Coronation Centre Advisory Committee as it
is now obsolete.
Change membership regarding councillors to read; a minimum of one (1) and a
maximum of two (2) City Councillors.
Edit a few grammatical and spelling errors.
RECOMMENDATION: That Council accepts the changes to the Terms of Reference as
presented by the Seniors Advisory Committee.
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1
Heather Ruzylo
Subject:Period Poverty Advocacy Brief and Sample Motion and Backgrounder
From: Tamara Coleman-Lawrie <tamara@unitedwayniagara.org>
Sent: Thursday, May 19, 2022 12:30 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Cc: Tamara Coleman-Lawrie <tamara@unitedwayniagara.org>; Clerk <clerk@niagarafalls.ca>
Subject: [EXTERNAL]-Period Poverty Advocacy Brief and Sample Motion and Backgrounder
Dear Mayor Diodati,
Over the past few years, United Way has been paving the path towards menstrual equity in Niagara through the Period
Promise campaign, collecting menstrual health products and financial donations.
Our priority this year is to advance our efforts to ensure that period products are available in workplaces, local
businesses and facilities across Niagara, for free, for anyone who needs them.
Today, United Way is releasing a Period Poverty Advocacy Brief across Niagara to all levels of government, local
businesses and organizations. These advocacy efforts are intended to encourage the implementation of policies to
ensure that free, equitable access to period products is available in facilities across the community.
Please find attached the Advocacy Brief which can be shared with Staff and Council members as well as a sample Motion
and Backgrounder.
As noted, I would be delighted to speak with you further about how United Way Niagara can partner with you and your
Staff to support policy change, equitable and inclusive access to menstrual products for all, and improve the overall
health and well-being of community members.
Thank you for your time and attention to this important human rights and equity issue. Should you have any questions,
please feel free to contact me at any time at tamara@unitedwayniagara.org.
Sincerely,
Tamara Coleman-Lawrie
Director, Strategic Impact
Email: tamara@unitedwayniagara.org
Tel: 905.688.5050
Page 185 of 292
2
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Page 186 of 292
Period Promise Policy Addendum: Draft Motion and Backgrounder to support
efforts to expand access to menstrual products in municipal facilities.
Motion:
That City Council direct staff to provide a report regarding the cost and implementation of
providing city facilities, including recreational spaces and libraries, working with homeless,
street-involved, and low income and vulnerable girls, women, transgendered individuals and
non-binary people access to free menstrual products in a manner that reduces menstrual
stigma. AND that the City endorse the United Way Period Promise Policy, as a locally-built
solution that promotes equity, inclusivity, health, well-being, security and dignity in Niagara.
Backgrounder:
Whereas:
1. Period poverty is the widespread lack of access to menstrual products due to financial
limitations which affects girls, women, and transgendered and non-binary individuals in
Niagara who cannot afford menstrual products for themselves or are dependents of people
who cannot afford menstrual products.
2. More than one quarter of Canadian women say they have struggled to afford menstrual
products for themselves or their children.
3. Period Poverty is a symptom of poverty and, as a result, is likely experienced at a higher
rate by single mothers, transgendered and non-binary individuals, Indigenous communities
and Peoples, people of colour, people living with disabilities, and other marg inalized groups
who are affected by poverty at a disproportionately high rate.
4. People who are menstruating but do not have menstrual products available to them
experience extreme social isolation by not being able to attend school, work, or community
activities without experiencing stigma and shame.
5. People who experience period poverty are placing themselves at greater risk by using
menstrual products for longer than their recommended time, or using unsanitary
alternatives such as toilet paper, placing their health and security at risk.
6. The United Way Period Promise campaign has been working to address the issue of
period poverty as experienced by vulnerable people in the Niagara region for several years.
It promotes policy change and has collected and distributed more than 800,000 individual
period products since 2018 through community partners in Niagara. This work builds
awareness of period poverty in our community while promoting changes that can reduce
the barriers and isolation experienced by people who face it every single month.
Page 187 of 292
1
ADVOCACY BRIEF:
The difference government can make through United Way’s Period Promise campaign.
Dear Mayor Jim Diodati and Council Members,
I’m writing to you on behalf of United Way Niagara regarding our Period Promise campaign and
the associated work to increase access to menstruation products to vulnerable populations and
address period poverty in the communities where we work .
We recognize the role our local government can play in removing barriers to access the basic
period product needs of vulnerable populations in Niagara. I invite you to learn about the
opportunity to implement minor, yet very effective, policy changes at the local government level,
to reduce and eliminate period poverty.
Period poverty is the widespread lack of access to menstrual products due to financial limitations.
It affects girls, women, transgendered and non-binary individuals throughout Niagara, and it does
so on a surprising scale. 26% of surveyed Canadian respondents say they have struggled to afford
menstrual products for themselves or their children1, and more than 66% say that periods have
inhibited them from participating fully in the day-to-day activities of life 2.
With the support of the Government of British Columbia, United Way was able to release the
Period Promise Research Report in March 2021 3. This is landmark research in British Columbia and
across the country. The research has provided a clear and comprehensive understanding of how
the lack of access to menstrual products has a serious impact on their community. Here are some
of the key highlights:
• 26% of respondents indicated that they had gone through a period without having
menstrual products available to them. It was much higher for respondents who are
Indigenous, living with a physical or mental disability, or have an annual household income
below $40,000
• Not having access to menstrual products is an isolating factor in how people live their day -
to-day lives, with 18% of respondents indicated that they missed school, 22% missed work,
29% missed community events, 27% missed social events
• Nearly 75% of respondents indicated that having access to products at community
organizations allows them to be more engaged in their community
1 Period Project Research, Government of British Columbia
2 Confidence and Puberty Study by Always, Proctor & Gamble, 2018
3 Period Project Research, Government of British Columbia
Page 188 of 292
2
The findings make it clear that limited access to free menstrual products in our community places
an undue burden on the lives of people who menstruate, particularly people who are Indigenous,
live with a disability, or are members of low-income families. It also showed us that community
organizations are a valuable tool in addressing the issue. Of the twelve partnering organizations
who participated in the research project, 10 had clients tell them that free products made their
lives more affordable, and 9 had clients tell them about how it improved their mental and physical
well-being.
We’ve seen some important successes so far. Ontario’s Ministry of Education has committed to
providing free and zero-stigma access to menstrual products in public schools across the province.
The Ontario Government will distribute six million free menstrual products per year to school
boards under a new and innovative partnership. 4 This is the first step in shifting policy change and
providing equitable and free access to menstrual products in the community.
But we can do more.
We’re engaged with a national movement and having exciting conversations with municipalities
across the province about how we can be involved in making menstrual products more readily
accessible in our communities. To support these efforts, we are providing a sample motion and
backgrounder that can go to your Council. They outline what we hope your municipality may
consider implementing and why it would be beneficial to community. You will find this document
attached to this email.
With Period Promise, United Way aims to eradicate period poverty. We do this by promoting
equitable access to period products, encouraging policy change and supporting organizations that
have made a commitment to provide menstrual products by signing onto the Period Promise
Policy. There are more than 20 organizations in Niagara who have signed the Period Promise
Policy, becoming Period Promise Champions, but there is also significant room for improvement.
I invite you to work with your Councillors and staff to determine how your municipality may be
able to contribute to this movement. I would be delighted to speak with you further about how
United Way Niagara can partner with you to support policy change, equitable and inclusive access
to menstrual products for all, and improve the overall health and well-being of community
members. Visit www.periodpromiseniagara.com or contact me at any time for additional
information. Thank you.
Sincerely,
Tamara Coleman-Lawrie
Director of Strategic Impact, United Way Niagara
E: tamara@unitedwayniagara.org
P: 905-688-5050, Ext. 2109
4 Ontario Launches Free Menstrual Products In Schools
Page 189 of 292
1
Heather Ruzylo
To:Bill Matson
Subject:RE: [EXTERNAL]-N.F.Q.ST. R Latin Festival
From: Plush Imperial <
Sent: Friday, May 20, 2022 3:27 PM
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: [EXTERNAL]-N.F.Q.ST. R Latin Festival
Noise Bylaw
Name and Address of Applicant:
Plush Imperial Arlene Wendt
We will be holding the Niagara Falls Queen St. Regional Latin Festival
on July 23 from 11 am to 11 pm
July 24 from 11am to 11pm
The event will take place on Queen St.between Crysler Ave. and Buckley Ave.
The Source of sound will be 4 speakers. vocal artist singing to music tracks playing off the laptop, and a live
band with a set of drums, electric guitar, bass,and piano.
The live band event will start at 4pm.
Thank you Plush Imperial
Arlene Wendt
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sender and know the content is safe.
Page 190 of 292
1
Heather Ruzylo
Subject:NFQS Latin Festival
From: Plush Imperial <
Sent: Friday, May 20, 2022 3:57 PM
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: [EXTERNAL]-NFQS Latin Festival
Vendors Market
To City Council c/o city clerk
I am writing this letter asking for you to wave the requirements for any licencing for the food vendors or retail
vendors on site for the Niagara Falls Queen St. Regional Latin Festival.
On July the 23 and July 24 2022
a list of vendor will follow
Thank You Plush Imperial
Arlene and King
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 191 of 292
A Great City … For Generations to Come
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Seniors Advisory Committee
Date: May 13, 2022
Re: Transit Motions – Seniors Advisory Committee
At the Seniors Advisory Committee May 12th meeting, the committee passed two
motions for the consideration of council.
1 – SAC request, “free transit on June 22nd, 2022, from 9:30 am to 2:30pm for older
adults 60 plus, to attend the MacBain Community Centre Older Adults Open House
to celebrate senior’s month”
2 - Whereas, considering the transit staff’s position regarding the stop at McLeod in front
of a seniors building; the SAC committee is concerned that transit for seniors is not a high
enough priority when making decisions on transit route changes . Therefore, the SAC
recommends to council that clear direction be provided on the criteria used to assess
alternate transit routing to ensure the needs and safety of seniors are met . With the
transfer of transit services to the regional level that this motion be forwarded to the
Niagara Regional council for consideration.
RECOMMENDATION: That Council accepts both recommendations.
Page 192 of 292
CPllC|?(l llP(lBOC(\(lBH(kLlP|?B€H0—lJJI"\O(\C|?(lOHLLITHH
GCB.B€(\H|?0(‘t\Y‘|EHH|"t(lFEOPFHJG
ST.S{;IRBli’;N 0RTlri0DOXCEURGH
25 May 2022
City Council
c/o The City Clerk
City of Niagara Falls
4310 QueenStreet
Niagara Falls,ON LZE 6x5
Email:billmatson Qniagarafallsca
To whom it may concern:
On behalf of the Saint George Serbian Orthodox Church (Niagara),please accept this letter as a request
submission for an exemption to the City’s Noise By-Law.We have several cultural events scheduled in
the pavilion on our Church grounds through the summer months.In advance of these events,we would
like to secure a number of exemptions in order to accommodate City ordinances.
Speci?cally,the four events are long established cultural concerts and/or festivals which attract visitors to
Niagara Falls from all over Ontario as well as the United States.The dates and events are as follows:
l.18 June |Studenica Folklore Concert ——34 Visiting Folkdance Groups
2.25 June |Serbian Day (Vidovdan)Festival -Visitors from Canada/UnitedStates
3.30 July ISerbian Social Club -Kordun (Toronto-Niagara)~Annual Picnic
4.3 September |Studenica Folklore Slava/Concert —Niagara Youth Concert
All four events take place on Saturdays,with two of them (25 June &30 July)taking place over two days,
with visitors to Niagara Falls remaining overnight.The Saturday events include musical perfonnances
and dancing which would be generated by either DJ or live instrumental musicians using loudspeakers or
ampli?cation systems.
Our request of City Council is as follows:we request an exemption to the City’s Noise By-Law for the
dates speci?ed above.Speci?cally,we seek an exemption that would allow the 9pm restriction to be
extended to 12 midnight.If this is deemed unacceptable,we request an extension to 11pm.
Thank you for your consideration.
\\:
Dushan (Dan)Kolundzic
Secretary
St.George Serbian Orthodox Church —Niagara
6085 Montrose Rc|.,Niagara Falls,Ontario CANADA L2H 1L4 Tel.(905)3560090
Page 193 of 292
Clifton Hill BIA
4960 Clifton Hill,Box 60
Niagara Falls,Ontario,L2E 6S8
(905)357-5911 email:hoakes@c|iftonhi||.com
Memo
To:BillMatson bil|matson@niagarafa|ls.ca
City of Niagara Falls
From:Harry Oakes
Date:June 1,2022
Re:2022 Budget
Please find attached our 2022 budget request for city council consideration
2022 Budget
TODS Highway Signage $10,000
Streetscape Maintenance $5,000
Accounting &Contingency $5,000
Sidewalk Expansion Project
City of Niagara Falls Repayment §100,000
2022 Budget Total $120,000
2022 Tax Levy Request $120,000
Page 194 of 292
1
May 12, 2022
Re: Proposed Development Charges for Agriculture, Regional Municipality of Niagara
Dear Mayor and Council:
Landscape Ontario Horticultural Trades Association represents over 200 nurseries that produce over $270
million in farm gate sales. A significant portion of these farms are in the Niagara area. These growers
represent the foundation of the broader Nursery/Landscape/Horticultural value chain that employs over
100,000 individuals and contributes 8.7 billion dollars to Ontario’s economy.
We learned last week of proposed changes to the Region’s development charges for agricultural buildings
through a meeting of the Regional Development Charges Policy Task Force. The consultant proposed that the
Region amend Section 11 of the current By-law to remove agriculture from the exemptions list as it does not
align with the Region’s incentive priority areas. Further, we learned that the proposed amendments include
the application of development charges in the ‘commercial’ category, at a rate of $8.76-$18.44 per square
foot. It is our understanding that the Task Force has approved the background study, including the proposed
changes to agriculture’s status.
This is alarming.
We are unaware of any consultation with agricultural sectors over the last year and have been advised that
local municipalities within the Region were also uninformed with regards to this proposed change. The entire
agriculture sector is a key driver within the Region, creating jobs, contributing to the GDP, and on a more
personal level – contributing to the Region’s community, green spaces and culture. The proposed
development charges would effectively destroy the potential for future growth of the agriculture sector in the
Region. Under Ontario’s More Homes for Everyone Act (2022), there increased prioritization of home building,
however, it is shocking to think that this priority will come at the expense of agriculture and its contribution to
the Region.
Agricultural sectors are communicating our concerns to the Region’s Council and Task Force and are
requesting that the agricultural sector maintain its exemption in the proposed 2022 By-law. However, in this
communication, we wanted to ensure your awareness of this issue and would appreciate your support
through your municipality’s representation at the Region.
Sincerely,
Tony DiGiovanni
Executive Director
Landscape Ontario Horticultural Trades Association
Page 195 of 292
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
May 18, 2022
Federation of Canadian Municipalities (FCM);
Association of Municipalities of Ontario (AMO);
Sent via email: resolutions@fcm.ca ; policy@amo.on.ca
To Whom it may concern:
Please be advised that Brantford City Council at its Special City Council meeting held May 17,
2022 adopted the following:
5.1 Release of all Federal and Provincial Documents Related to the Former Mohawk
Institute Residential School
WHEREAS the Truth and Reconciliation Commission Final Report, 2015 confirmed that
Residential Schools were part of a coherent policy implemented by the Federal
Government to eliminate Indigenous people as distinct Peoples and to assimilate them
into Christian society against their will; and
WHEREAS the Deputy Minister of Indian Affairs Duncan Campbell Scott outlined the
goals of that policy in 1920, when he told a parliamentary committee that “our object is to
continue until there is not a single Indian in Canada that has not been absorbed into the
body politic…”; and
WHEREAS the Truth and Reconciliation Commission Final Report, 2015 also confirmed
that despite the coercive measures that the government adopted, it failed to achieve its
policy goals. Although Indigenous Peoples and cultures have been badly damaged, they
continue to exist; and
WHEREAS the former Mohawk Institute Residential School operated from 1831 to 1970
within the boundaries of what is now the City of Brantford; and
WHEREAS Survivors have released statements of missing, murdered, and buried
students; and
WHEREAS, to date, the unmarked burials of over 7000 missing Indigenous children
have been discovered nation-wide; and
WHEREAS, following the May 2021 announcement by Tk'emlúps te Secwépem c First
Nation of locating 215 potential burials of children in unmarked graves at the Kamloops
Indian Residential School in British Columbia, the Survivors of the Mohawk Institute,
Page 196 of 292
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
along with their families and community members called on the Federal and Provincial
governments to support a search for the remains of missing children who may have been
buried on the Mohawk Institute's grounds and the surrounding area; and
WHEREAS, as of November, 2021, a search, led by the Survivors' Secretariat, of the
Mohawk Institute Residential School grounds and over 200 hectares of land associated
with the school began; and
WHEREAS Survivors of the Mohawk Institute Residential School are demanding the
release of all Federal and Provincial documents related to the former Mohawk Institute
Residential School; and
WHEREAS staff of the City of Brantford are currently undertaking a search of City
records and archives for any documents, maps, or other relevant information related to
the operation of the Mohawk Institute Residential School in order to release this
information to the Survivors’ Secretariat to aid in the search for truth, justice and healing;
and
WHEREAS this Council is committed to working to advance reconciliation and renewed
relationships with First Nations; and
WHEREAS the Truth and Reconciliation Commission of Canada issued 94 Calls to
Action, thirteen of which are directed at municipal governments;
NOW THEREFORE BE IT RESOLVED:
A. THAT the Council of The Corporation of the City of Brantford respectfully
REQUESTS THE IMMEDIATE RELEASE, to the Survivors’ Secretariat, of all
documents in the possession of the Government of Canada or the Government of
Ontario and the Anglican Church related to the former Mohawk Institute
Residential School now located on Six Nations of the Grand River Territory, within
the geographic boundaries of the City of Brantford; and
B. THAT the Clerk BE DIRECTED to send a copy of this resolution to: Prime Minister
Justin Trudeau; Premier Doug Ford; Minister of Crown-Indigenous Relations Marc
Miller; Minister of Indigenous Services, Patty Hajdu; Minister of Indigenous Affairs,
Greg Rickford; Linda Nicholls, Primate of the Anglican Church of Canada; MPP
Will Bouma; MP Larry Brock, Mayor David Bailey; Chief Mark Hill; Chief Stacey
Laforme; and the Survivors' Secretariat; and
C. THAT the Clerk BE DIRECTED to send a copy of this resolution to the Federation
of Canadian Municipalities (FCM) and the Association of Municipalities Ontario
(AMO) for circulation to all municipalities in Ontario with an invitatio n to adopt a
similar resolution, and, specifically, to those located within the Haldimand Tract,
Page 197 of 292
3
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
including: Haldimand County; the County of Brant; the City of Cambridge; the City
of Kitchener; the City of Waterloo; and the Region of Waterloo.
I trust this information is of assistance.
Yours truly,
Tanya Daniels
City Clerk, tdaniels@brantford.ca
Cc All Ontario Municipalities
Survivors’ Secretariat
Page 198 of 292
Administration
Office of the Regional Clerk
1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7
Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977
www.niagararegion.ca
May 25, 2022
CL 10-2022, May 19, 2022
DISTRIBUTION LIST
SENT ELECTRONICALLY
Re: Motion - Voluntary Russian Sanction Request
Whereas Russia’s unprovoked and brazen invasion of the sovereign nation of Ukraine
has been unequivocally condemned by the majority of the free world, including by those
living and working in Niagara;
Whereas the death and destruction caused by Russia’s senseless invasion will have a
lasting impact on the innocent and independent citizens of Ukraine;
Whereas Russia has placed sanctions on many Canadian premiers, mayors, journalists,
military officials as well as senior staff in the federal government, “indefinitely” banning
these individuals from entering Russia;
Whereas those Russian sanctions include Toronto Mayor John Tory and Ottawa Mayor
Jim Watson;
Whereas the residents and businesses of Niagara stand in solidarity with the people of
Ukraine and the proud Ukrainian-Canadian community who call our region home;
Whereas Niagara Region continues to be a willing host to those Ukrainian citizens
fleeing their homeland during this challenging time, providing support through the
Region’s Community Services Department as well as number of other local agencies;
Whereas silence may be interpreted as complicity; and
Whereas any sanctions placed on Niagara’s elected officials be considered wholly
ineffective and be received as a demonstration of Niagara’s steadfast commitment to
support Ukraine during this time.
NOW THEREFORE BE IT RESOLVED:
1. That Niagara Regional Council unequivocally DENOUNCES Russia’s unjustifiable
invasion of the sovereign nation of Ukraine;
Page 199 of 292
Motion: Voluntary Russian Sanction Request
May 25, 2022
Page 2
2. That Niagara Regional Council SUPPORTS all of the sanctions that the Federal
Government of Canada has thus far imposed on Russia;
3. That any Regional Councillor who wishes to be voluntarily sanctioned INDICATE
their support by advising the Regional Chair’s Office by phone or email by no later than
Friday, May 20 at 4:30 p.m.;
4. That the Regional Chair BE DIRECTED to send correspondence to the Consulate
General of the Russian Federation with the names of the Regional Councillors who
have indicated their support to be voluntarily sanctioned, resulting in their “indefinite”
ban from entering Russia;
5. That the Regional Clerk BE DIRECTED to circulate this motion to Niagara’s 12 local
councils, local area MPs, MPPs, AMO, and FCM; and
6. That this motion BE FORWARDED to all other municipalities in Ontario, requesting
they consider enacting similar measures in order to present a united front and support
the citizens of Ukraine.
Yours truly,
Ann-Marie Norio
Regional Clerk
CLK-C 2022-079
Distribution List
Local Area Councils
Chris Bittle, Member of Parliament, St. Catharines
Vance Badawey, Member of Parliament, Niagara Centre
Tony Baldinelli, Member of Parliament, Niagara Falls
Dean Allison, Member of Parliament, Niagara West
Jennie Stevens, Member of Provincial Parliament, St. Catharines
Jeff Burch, Member of Provincial Parliament, Niagara Centre
Wayne Gates, Member of Provincial Parliament, Niagara Falls
Sam Oosterhoff, Member of Provincial Parliament, Niagara West
Association of Municipalities Ontario
Federation of Canadian Municipalities
All Ontario Municipalities
Page 200 of 292
A Great City … For Generations To Come
MUNICIPAL WORKS
Inter-Departmental Memo
To: Bill Matson
City Clerk
From: Erik Nickel
Director of Municipal Works/City Engineer
Date: May 24, 2022
Re: Response to May 10, 2022 Council New Business Item
16.c) Environmental Concerns
Copy of Regional Council Reports and Presentations
At the May 10, 2022 Council Meeting, Council passed the following Motion within Agenda Item 16. Notice
of Motion/New Business:
c) Environmental Concerns
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
That Staff waive the procedural by-law and that staff be directed to bring a report back to Council on
environmental concerns regarding Fourth Avenue and the roundabout at Bridge Street and Victoria
Avenue.
Carried Unanimously
Staff understand that Council’s motion is meant to provide information relating to environmental concerns
pertaining to the roundabout construction project currently underway as well future planned works in the
area. As Council is aware, this project is being conducted by the Niagara Region since they are the road
authority having control over Bridge Street.
In response to this motion, Staff submit to Council and attachments containing a presentation and report
that were submitted to the Niagara Region as part of their Council and Public Works Committee. This
information was approved at the October 12, 2021 Public Works Committee meeting, and subsequently
approved by Regional Council at their October 21, 2021 meeting.
Sincerely,
Erik Nickel, P.Eng.
Director of Municipal Works / City Engineer
Attach (2)
Page 201 of 292
Cytec Lands, Niagara Falls
Development Update
Presentation to Niagara Region Public Works Committee
October 2021
Prepared on Behalf of 1939522 Ontario Limited
A Partnership Between Falls Community Developments Inc. & Novacore Communities Corporation
Presented By: Tim Collins, LANDx Developments Ltd.
Cytec Development Update
October 2021Page 202 of 292
Page 1
THOROLD STONE ROAD
Parcel Identification
LEGEND
-Parcel A
-Parcel B
-Parcel C
-Parcel D
Cytec Development Update
October 2021Page 203 of 292
Page 2
Site Works to Date
Cytec Development Update
October 2021Page 204 of 292
Page 3
Draft Plan of Subdivision
Cytec Development Update
October 2021Page 205 of 292
Page 4
Environmental Update –Existing Approvals
PARCEL A
PARCEL D
PARCEL B PARCEL C
GALE CENTRE
Existing RSC & CPU
Cytec Development Update
October 2021Page 206 of 292
Page 5
Parcel A
THOROLD STONE ROAD
Environmental Update –Parcel A
Cytec Development Update
October 2021Page 207 of 292
Page 6
Environmental Update –Parcel A
Cytec Development Update
October 2021Page 208 of 292
Page 7
Parcel B/C
Environmental Update –Parcel B and C
Cytec Development Update
October 2021Page 209 of 292
Page 8
Environmental Update –Parcel B and C
Parcel B
•Pre-Submission Form Submission –November 26th, 2018
•Initial Risk Assessment Submission –August 14th, 2019
•Risk Assessment Resubmission #2 –May 15th, 2020
•Risk Assessment Resubmission #3 –January 29th, 2021
•Risk Assessment Resubmission #4 –September 10th, 2021
•Anticipated Approval of Risk Assessment in December 2021
•CPU and RSC to follow
Parcel C
•Pre-Submission Form Submission –June 12th, 2019
•Initial Risk Assessment Submission –May 11th, 2020
•Risk Assessment Resubmission #2 –January 14th, 2021
•Risk Assessment Resubmission #3 –September 20th, 202
•Anticipated Approval of Risk Assessment in December 20
•CPU and RSC to follow
Pending Applications and MECP Approval
Cytec Development Update
October 2021Page 210 of 292
Page 9
Environmental Update –Parcel D
Cytec Development Update
October 2021Page 211 of 292
Page 10
Questions?
Timothy Collins
President/Project Manager
LANDx Developments Ltd.
905-329-0312
timcollins@landxdevelopments.com
Cytec Development Update
October 2021Page 212 of 292
PW 45-2021
October 12, 2021
Page 1
Subject: Environmental Due Diligence During Construction of Extension of
Regional Road 57 (Thorold Stone Road), City of Niagara Falls
Report to: Public Works Committee
Report date: Tuesday, October 12, 2021
Recommendations
1. That Report PW 45-2021, BE RECEIVED for information regarding the
environmental due diligence completed during the construction of the extension of
Regional Road 57 (Thorold Stone Road), City of Niagara Falls.
Key Facts
• Due to an inquiry raised by a member of the general public both to Niagara Region
and Regional Councillors regarding the environmental due diligence completed
during the extension of Regional Road 57 (Thorold Stone Road), plus that of the
adjacent privately owned parcels known as the Cytec Lands, an information report
was drafted to outline the environmental due diligence steps undertaken;
• This report is restricted only to the scope of work under the jurisdiction of the
Region; not that of the Cytec Lands under private ownership;
• This report outlines the Stage 1 construction with completed environmental
remediation requirements related to the extension of Regional Road 57 (Thorold
Stone Road), City of Niagara Falls; consisting of a new intersection at Stanley
Avenue and the extension of Thorold Stone easterly to provide a new access to the
Gale Centre Hockey Arena, terminating just east of that access with a cul-de-sac
bulb;
• Niagara Region entered into a series of agreements with Cytec Canada Limited
(Cytec), Falls Community Developments Inc.(FCD) and 1939522 Ontario Limited
being a company related to FCD, which included an Access Agreement (September
2014), Road Construction and Conveyance Agreement (May 2015) and a
subsequent Memorandum of Understanding (MOU);
• These agreements outlined the responsibilities related to construction,
environmental risk and liabilities and cost sharing associated with the construction of
the roadway extension only, municipal service installation and ultimate transfer of
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lands required for the purposes of public right-of-way between the Region, Cytec
and FCD;
• Additionally Stage 1 crossed lands owned by Ontario Power Corporation Inc. which
Niagara Region purchased and incorporated into the Project.
Financial Considerations
No financial implications as part of this report.
Analysis
Thorold Stone Road Extension connecting to Victoria Avenue was factored into Niagara
Region Transportation Master Plan-Final Report October 2017 (TMP) and subsequently
the transportation analysis work for the Draft Niagara GO Hub and Transit Stations
Study- Integrated Mobility Assessment - Dillon Consulting (June 2017) land use plan
and transit station design work. The Integrated Mobility Assessment report identified
Thorold Stone Road extension as the only major connectivity need of the area as
identified ultimately in the City of Niagara Falls Secondary Plan Work (June 2018) led
by the Region.
The extension provides a key connection to the QEW; an improved east/west linkage to
the City’s downtown area and Niagara River Parkway; and further encourages
redevelopment of and economic stimulus for high priority brownfield lands within the
City of Niagara Falls. The initiative was tied to Council’s Strategic Priorities of “Moving
people and goods” and “Fostering innovation, investment and Entrepreneurship” at the
time.
A Schedule “C” Class Environmental Assessment (EA) for the Thorold Stone Road
Extension to Victoria Avenue was undertaken and completed in 2009 by the Region of
Niagara. The preferred design was for a 4-lane roadway with bike lanes and sidewalks
from the intersection of Thorold Stone Road and Stanley Avenue easterly toward the
CNR tracks and then bending southward and parallel to the rail ROW to a new
intersection at Victoria and Bridge Streets with a 5-legged roundabout intersection at
that location.
Arising out of this 2009 EA Study, the first phase (Stage 1) of construction was
completed with a new intersection at Stanley Avenue and the extension of Thorold
Stone easterly to provide a new access to the Gale Centre Hockey Arena, terminating
just east of that access with a cul-de-sac bulb. This project is the first stage of the
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proposed multi-phase plan for the extension of Thorold Stone Road. The right-of-way
limit and demarcation are identified in Appendices 1 and 2.
As the land for the ROW was not under the ownership and title of the Region initially,
Niagara Region entered into a series of agreements with Cytec Canada Limited (Cytec)
as owner of the majority of the required lands and Falls Community Developments Inc.
(FCD), a company having an interest in the lands through its pre-existing agreement
with Cytec and later 1939522 Ontario Limited an assignee of the interests of FCD. The
agreements included but were not limited to an Access Agreement (September 2014),
Construction and Conveyance Agreement (May 2015); plus an MOU outlining the
responsibilities between the parties, Niagara Region, Cytec and FCD in order to
advance the road construction and ensure eventual transfer of the lands to Niagara
Region. In addition a separate purchase of lands and easement rights from Ontario
Power Generation Inc. (OPG) and was necessary as the Cytec lands and intended path
of the road extension were affected by lands of OPG.
FCD was single sourced to complete the Stage 1 construction of the extension of
Regional Road 57 (Thorold Stone Road) on behalf of the Region with agreement that
clean lands were then to be conveyed to the Region as ROW. The obligations of FCD
were at some point during construction assigned to 1939522 Ontario Limited which
assumed the obligations of FCD.
The Road Construction and Conveyance Agreement (“RCCA”) outlined FCD’s
responsibility, as related to all parts of the road construction save the “intersection
lands” which were separately dealt with through the Access Agreement. The RCCA
dealt with FCD’s obligations regarding the risk, liability, recording and monitoring of the
present environmental conditions; the implementation of environmental controls at the
Site to be overseen by a Qualified Person (QP) as defined in Ontario Regulation 153/04
(O. Reg. 153/04); and the standard and design of the required road construction to be
undertaken. Specifically pursuant to the RCCA, FCD was guided by the detailed
requirements of Schedule “C” being a Work Plan consisting of detailed construction
plans for the required road and Schedule “D” being a Soil and Groundwater
Management Plan prepared by WSP Canada Inc. (2014). In addition FCD was bound to
comply with Schedule “F” to the RCCA being the Certificate of Property Use binding the
property.
The obligations of FCD and Niagara Region were subsequently revised by an MOU
between Niagara Region, FCD and 1939522 Ontario Limited to set out steps to
complete the revised work for the extension of Thorold Stone Road by an agreed date
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specified therein with the changes consisting most prominently of a relocation of the
turn circle ending the Stage 1 extension; abandonment of sanitary, storm and water
infrastructure on Fourth Avenue extending from the Gale Centre to the Thorold Stone
Road Extension; and decommissioning of a stormwater pond located east of the Gale
Centre. The MOU described additional specifics of the revisions to be completed.
Contemporaneously with the extension of Thorold Stone Road, Stanley Avenue was
being reconstructed by a separate contractor retained by separate tender.
Reconstruction of Stanley Avenue required additional lands for the intersection of
Thorold Stone Road and Stanley Avenue which lands were part of the Cytec lands. In
order to avoid delay of the Stanley Avenue project while the final version of the RCCA
was negotiated, a shorter agreement (the Access Agreement) was entered into
requiring FCD to undertake certain site preparation work including removal of
contaminates and some infrastructure installation within the intersection lands and then
to convey same to Niagara Region. The Access Agreement, as with the RCCA,
included schedules for the Scope of Work and a requirement that FCD conduct the work
in compliance with the Soil and Groundwater Management Plan dated September 2014
forming part of that agreement.
The formation of the RCCA and Access Agreement were informed by the following
environmental documents summarized below in Table 1:
Table 1: Environmental Documents Summary
Consultant Report Deliverable Comments Ministry Approval
Jagger Hims Limited Geotechnical
Investigation, 2008
Completed on behalf
of Niagara Region
N/A
Genivar Phase II
Environmental Site
Assessment Report,
May 2011
Completed on behalf
of Niagara Region
N/A
Genivar Phase II
Environmental Site
Assessment
Supplemental,
February 2012
Completed on behalf
of Niagara Region
N/A
AECOM Canada Ltd. Risk Management
Plan (RA), July 26,
2012
Completed on behalf
of Cytec
Yes
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Consultant Report Deliverable Comments Ministry Approval
AECOM Canada Ltd. Certificate of
Property Use (CPU
#0261-8XLH9B),
amendment #1, May
30, 2013
Completed on behalf
of Cytec
Yes
AECOM Canada Ltd. Record of Site
Condition
Completed on behalf
of Cytec
Yes
WSP Canada Inc
Soil & Groundwater
Management Plan,
2014
Completed on behalf
of Niagara Region
Requirement of CPU
Yes
WSP Canada Inc
SGWMP Approval,
September 25, 2014
By MOE
Yes
Wood Environmental
& Infrastructure
Solutions
Final Environmental
Monitoring &
Inspection Services
Report, June 2018
Completed on behalf
of Baiocco
Construction Corp
and provided to
Niagara Region
Yes
The process for the road construction included site preparation, excavation of the
impacted soil to the required depth, overlying with geotextile at the base of the
excavation (the geotextile material will act as a marker between the Clean Fill or Soil
and the underlying impacted soil at the site). This was a requirement of the Certificate of
Property Use (CPU), placing soils that met MOE standards over the geotextile overlain
by soft cap material (soil meeting MOE Table 1 Site Condition Standards (SCS))
overlain by the hard cap (granular and asphalt as per specifications of contract).
As outlined in the CPU, RMM, SGWMP, soil management at the Site included:
management of excess materials including stockpiling in designated areas on
polyethylene sheeting; characterization of excess excavated materials that may require
off-site disposal and placing geotextile below soft caps to demarcate impacted soil from
clean soil. Soil and water samples were tested throughout the construction by FCD’s
Environmental Consultant, WOOD also overseen by Upper Canada Consultants who
was the full-time construction inspection and contract administrator during the road
construction.
In addition to the controls put into place by FCD, the Region also hired WSP as their
verification engineer to oversee and ensure the work program was being adhered to.
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The land for the ROW was conveyed to the Region meeting all of the environmental
provisions identified in Table 1. A Record of Site Condition was also registered by Cytec
with the MOE in 2013 which summarizes the environmental condition of the ROW
lands, based on the completion of environmental site assessments. Niagara Region
approved By-law 2019-40 dated April 25, 2019 dedicating the extension lands as a
public highway. Private property specific details of the Cytec Lands are not included in
this report as it was outside the scope of the ROW works.
In closing, as the Region works with the City of Niagara Falls to advance the vision and
projects approved in the Niagara Region Transportation Master Plan (October 2017),
the Draft Niagara GO Hub and Transit Stations Study- Integrated Mobility Assessment
(June 2017), plus the City of Niagara Falls Secondary Plan Work (June 2018), works
are underway which include environmental restorative works. Included is a City of
Niagara Falls report MW-2021-28 (Appendix 3) that was approved for Building
Decommissioning and Soil Remediation at 4500 Park Street, Niagara Falls.
Alternatives Reviewed
N/A
Relationship to Council Strategic Priorities
In meeting Council’s Strategic Priorities at the time, the extension was to provide a key
connection to the QEW; an improved east/west linkage to the City’s downtown area and
Niagara River Parkway; and further encourage redevelopment of and economic
stimulus for high priority brownfield lands within the City of Niagara Falls. The initiative
was closely tied to Council’s Strategic Priorities 1 and 2, “Moving people and goods”
and “Fostering innovation, investment and entrepreneurship”.
With improved transportation connectivity and the introduction of GO service to Niagara
Falls Downtown, there was an opportunity to leverage and enhance the land uses to
ensure that it is an attractive arrival point for commuters and visitors/tourists.
Other Pertinent Reports
• PW 4-2018: Update - Extension of Regional Road 57 (Thorold Stone Road),
Niagara Falls
• CSD 65-2017: 2018 Capital Budget
• PW 25-2017: Extension of Regional Road 57 (Thorold Stone Road), Niagara Falls
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• PW 43-2016: Update - Extension of Regional Road 57 (Thorold Stone Road) In
the City of Niagara Falls
• PW 7-2016: 2014-T-115 (Contract RN 14-15) Reconstruction of Regional Road 102
(Stanley Avenue) From Thorold Stone Road to Valley Way And Extension of
Regional Road 57 (Thorold Stone Road) In the City of Niagara Fall
• PW 51-2014: Thorold Stone Road Extension – Stage 1 Stanley Avenue to Gale
Centre City of Niagara Falls
• PW 75-2014: Tender Award for 2014-T-115 (Contract RN14-15) Reconstruction of
Regional Road 102 (Stanley Avenue) From Thorold Stone Road to Valley Way In
the City of Niagara Falls
• CSD 61-2014: 2014 Public Works Funding Requests - Roads Rehabilitation
Program (Ph 2) & Stanley Avenue Reconstruction (Ph 3)
• PW 81-2014: Thorold Stone Road Extension — Construction Agreement Signing
Authority
___________________________
Prepared by:
Carolyn Ryall
Director, Transportation Services
Division
Public Works Department
_______________________________
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 reviewed by Sterling Wood Legal Counsel, and Donna Gibbs, Director,
Legal and Court Services, Corporate Services.
Appendices
Appendix 1 Drawing of the Lands with Demarcation of TSR Extension Lands
Appendix 2 Thorold Stone Road Identification
Appendix 3 MW -2021-28: 4500 Park Street – Building Decommissioning and
Soil Remediation, Tender Award - Contract No. 2021-534-20 (City
of Niagara Falls, April 20, 2021)
Page 219 of 292
PW 45-2021 Appendix 1-Drawing of the Lands with Demarcation of TSR Extension Lands
Page 220 of 292
Thorold Stone Road
Legend
Parcel A-Private Ownership
Parcel B-Private Ownership
Parcel C-Private Ownership
Parcel D-Private Ownership
Region’s ROW -Thorold Stone Road
PW 45-2021 Appendix 2: Thorold Stone Road Identification
Page 221 of 292
MW-2021-28
April 20, 2021
REPORT TO:Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works
SUBJECT:MW-2021-28
4500 Park Street – Building Decommissioning and Soil
Remediation
Tender Award - Contract No. 2021-534-20
RECOMMENDATIONS
1.That the contract be awarded to the lowest bidder Baiocco Construction Corp.
at the corrected bid price of $733,800.87 plus applicable HST.
2.That the contract administration, inspection and environmental oversight during
construction be direct appointed to Dragun Corporation in the amount of
$191,600 plus applicable HST.
3.That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
EXECUTIVE SUMMARY
In May of 2019, Council authorized staff to work with the Regional Municipality of Niagara
(Region) on the issuance of a joint RFP to facilitate the construction of an affordable
housing project in the City of Niagara Falls at 4500 Park Street (former Niagara Falls
Farmer’s Market).
The City’s contribution to the project will be providing the Region with a clean parcel of
land for the construction of affordable housing units. Staff have worked with Dragun
Corporation on environmental investigations and the preparation of tender documents for
the decommissioning of the existing market building and remediation of contaminated
soils in support of filing a Record of Site Condition (RSC).
The lowest tender was submitted by Baiocco Construction in the amount of $733,800.87
plus applicable HST. This contractor has performed similar type projects for the City. We
are of the opinion that this contractor is capable of successfully undertaking this project.
It is recommended that Council award the tender to Baiocco Construction in the amount
of $733,800.87 plus applicable HST.
There is sufficient funding available in the Capital Budget to fund this capital project.
PW 45-2021 Appendix 3
Page 222 of 292
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MW-2021-28
April 20, 2021
BACKGROUND
One of Council’s key priorities is the provision of a strong and diverse housing market
that includes affordable and accessible housing opportunities for all City of Niagara Falls
residents.
In May of 2019, in an effort to “jump start” the City’s objective of providing a diverse and
affordable housing market, Council authorized Staff to enter into a partnership with the
Region and Niagara Housing to work on a project that would provide 200 – 300 affordable
housing units.
The selected location is 4500 Park Street which is currently a City-owned parking lot and
site of the former Niagara Falls Farmer’s Market. Throughout 2018 and 2019, Dragun
Corporation (Dragun) completed several Phase Two Environmental Site Assessments
(Phase 2 ESA’s). The results confirmed the presence of various petroleum impacts and
metals contamination in the soils, as well as evidence of past and possibly present
underground storage tanks (UST’s).
Since the property was previously used for commercial purposes, a RSC is required to
permit the proposed residential land use.
ANALYSIS/RATIONALE
Detailed investigations were completed by Dragun in support of preparing Phase One
and Phase Two ESA’s for the subject site. Some of the key findings of the investigations
are:
- An underground storage tank containing gasoline was once present
- An oil-storage shed was once present
- A tractor-truck shed for vehicle maintenance and repairs was once present
- A machine shop was present which may have used solvents for parts washing or
stored engine fluids including waste oils
- The original building used coal as a fuel for the boiler and it’s likely that coal
particulate is present within the fill materials
- Petroleum and metals impacts are present near the southwest corner
- Metals contamination is present around the former market building
- Soils across the property have an elevated sodium absorption ratio
- No exceedances of the applicable site condition standards were detected in the
groundwater samples
Given the property setting, including the current and future land use on-site and in the
vicinity, the applicable regulatory standard for the Subject Property is Full Depth, Generic
Site Condition Standards in a Non-Potable Groundwater Condition (Table 3) for
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MW-2021-28
April 20, 2021
Residential/Parkland/ Institutional Property Use (medium/fine-textured soils) as specified
in Ontario Regulation (O.Reg.) 153/04 (as amended by O.Reg.511/09 [referred to as the
“Standard”]).
In order to meet the requirements of the regulatory standard, all impacted materials will
need to be removed from the site, properly disposed at a licensed landfill, and replaced
with clean fill.
City Staff have worked closely with Dragun to prepare a site remediation plan which also
includes decommissioning and hazardous materials abatement for the existing structure.
The scope of the project as tendered has been designed to provide a clean site that will
be ready to be transferred to the appropriate authority for redevelopment, following the
filing of the RSC. This includes remediation of soils and backfilling with compacted
granular materials, removal of the building and all related hazardous materials, removal
of streetlights, curbs, sidewalks, asphalt and other surface features, and installation of
temporary surface drainage systems to prevent flooding. The tender also includes special
requirements for the handling, management, transportation and disposal of the
contaminated materials at a licensed facility.
It is anticipated that the scope of work under this contract could be completed by the end
of August, 2021. The RSC process will commence following the completion of the work
and certification by Dragun that the site meets the applicable regulatory standard. The
RSC process is expected to take up to six (6) months.
Due to the social distancing restrictions in place as a result of COVID-19, this tender was
managed electronically, and without a public opening. Tenders were received and
opened by the City’s Procurement Agent, Jess Curno, on Tuesday April 6th, 2021 at 2:00
p.m. for the above noted contract.
Listed below is a summary of the tender prices, excluding HST, received from the bidders.
Contractor City Tender Price Corrected Bid
Baiocco Construction Hamilton, ON $826,653.87 $733,800.87
KGS Environmental Scotland, ON $803,122.50 $803,123.90
Salandria LTD Richmond Hill, ON $834,033.39 $ -
Cannington Group Stouffville, ON $854,173.28 $867,626.51
Budget Environmental Hamilton, ON $868,900.00 $ -
CLC Infrastructure North York, ON $885,023.00 $884,997.35
QM Environmental Mississauga, ON $929,457.00 $ -
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MW-2021-28
April 20, 2021
Ground Force Environmental Kitchener, ON $936,668.80 $936,644.50
O’Hara Trucking & Excavating St. Catharines, ON $951,250.00 $ -
Sanexen Environmental Brossard, QC $985,984.00 $ -
Schouten Excavating Watford, ON $978,592.00 $ -
Tri-Phase Group Mississauga, ON $1,148,410.00 $ -
Centennial Construction Niagara-on-the-
Lake, ON
$1,188,888.00 $ -
After completing a detailed analysis of all the bids, it was determined that the lowest
tender price was submitted by Baiocco Construction in the amount of $733,800.87 plus
applicable HST. This contractor has performed similar type projects for the City. We are
of the opinion that this contractor is capable of successfully undertaking this project.
Environmental projects carry with them an inherent risk and are required to be closely
monitored and controlled. Dragun Corporation has submitted a work plan and cost
estimate to provide consulting services during construction including oversight,
environmental sampling and management in the amount of $191,600 plus HST. Since
Dragun has been involved with this project since its inception and has a vast knowledge
and understanding of the site, it is recommended to direct appoint this work to them in
order to continue their involvement during this crucial phase.
Impacts to Municipal Parking
The proposed affordable housing location formerly operated as a municipal parking lot
(lot 10) that offered a total of 118 parking spaces for both permit holders and hourly paid
users.
In light of the reduction in parking spaces resulting from the re-use of these lands for
residential purposes, Staff have prepared an illustration (Attachment #4) that depicts the
available parking downtown. In Staff’s opinion, even with the loss of lot 10, there remains
sufficient parking supply within a 400 metre radius (5 minute walking time) to serve the
short-term needs of existing downtown businesses. Furthermore, within approximately
five years, the City will be proceeding to implement a new parking facility located on the
southwest corner of Erie and Bridge Streets in conjunction with the redeveloped GO train
hub that will add approximately 250 additional parking spaces.
Lastly, given that the timeline to proceed with construction of the residential development
at 4500 Park Street is not yet firmly known, but expected likely in Spring of 2022, Staff
recommend to proceed to re-open the site for parking purposes in the time period
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5
MW-2021-28
April 20, 2021
between the completion of remediation and the start of residential construction, and to
offer two-hour free parking. However, given that the site will remain gravel once
remediation is complete, the parking lot will close for winter.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
An amount of $500,000 was approved for this project in the 2020 Capital Budget and an
additional $800,000 was approved in the 2021 Capital Budget for a total of $1,300,000.
In 2019, funding was approved in the amount of $70,000 for the demolition of the existing
market building at the site. Therefore, there is a combined total of $1,370,000 available
for this capital project.
Total project costs including geotechnical materials testing, lab testing, liquids disposal,
environmental oversight, utility disconnections and capital construction is expected to be
approximately: $1,068,009.93
Summary of Expected Costs:
- Capital Construction: $ 733,800.87
- Consulting Services: $ 191,600.00
- Materials Testing: $ 40,000.00
- Liquids Disposal: $ 15,000.00
- Utility Disconnections: $ 20,000.00
- City-Share HST: $ 17,609.06
- Contingency: $ 50,000.00
Total $1,068,009.93
There is sufficient funding available to carry-out this capital project.
CITY’S STRATEGIC COMMITMENT
Implementation of this project meets the intent of Council’s Strategic Priorities by
providing strong and resilient infrastructure in a healthy and safe livable community
through accountable government practices.
ATTACHMENTS:
1. 4500 Park Street – Location Plan
2. Council Report – CAO-2019-07
3. G40-20 & BP35 Capital Budget Tracking Sheets
4. Downtown Area – Available Parking Supply
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6
MW-2021-28
April 20, 2021
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
E. Lallouet
Ken Todd, Chief Administrative Officer
Page 227 of 292
1
Heather Ruzylo
Subject:-By Law - 202-064/2021-24/City property
From: tim@vcbia.ca <tim@vcbia.ca>
Sent: Wednesday, May 25, 2022 12:36 PM
To: Bill Matson <billmatson@niagarafalls.ca>
Cc: Eric Marcon <eric@hojobythefalls.com>
Subject: [EXTERNAL]-By Law - 202-064/2021-24/City property
Good afternoon Bill. Trust all is well and the summer is starting off well.
On April 26 , 2022 the VCBIA mailed the attached letter to each business owner in our BIA. As
you see from the letter it reminds owners to refrain from putting anything on city property,
specifically city sidewalks. With the pandemic and the increased patios on the city sidewalks,
its becoming very difficult to negotiate on the narrow sidewalks when other things such as
sandwich boards, clothes racks, tables and other illegal furniture is placed on the sidewalk.
Like all by-laws , they are complaint driven.
At this time the VCBIA is asking the city to instruct the by law officers to enforce the bylaw that
requires business owners to keep city property clear of any furniture that is not owned by the
city for the safe passing of pedestrians. As stated above the BIA has taken a proactive
approach to this by informing well ahead of time all business owner that this act is illegal and
the BIA will be asking the city to enforce the bylaw.
We would ask City council to pass a motion recognizing our complaint and to instruct the By
law officers to enforce the bylaw without warning as all members have been informed of this
request.
Thank you ,
Tim Parker
Office Administrator
Victoria Centre BIA
Niagara Falls Convention Centre
6815 Stanley Avenue, Niagara Falls L2G 3Y9
Phone: 905-357-6222 x 7234
Cell: 905-714-3828
www.TopOfCliftonHill.com
CLIFTON HILL DISTRICT – VICTORIA AVENUE
Page 228 of 292
2
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Page 229 of 292
April 26, 2022
Dear VCBIA Members:
We trust that the winter months was somewhat okay considering all the Covid
restrictions. Let’s hope that this is behind us now and we can get back to
business. With 2022 looking to be a rebound promising summer season, we
would like to remind our members of some by laws that we will be asking the city
to enforce this summer for the benefit of all members.
As we started a street scape project in the spring of 2019, we are continuing to
move this project ahead now that the Casino is back on line and funds are
available for the city. We also want to clean up the entire BIA as a whole. This
mostly speaks about the sidewalk area. One of the BIAs original initiative with the
streetscape project was to widen the sidewalks in order to have clean flow of
pedestrian traffic and, free from sandwich boards, parking signs, tables , clothes
racks, penny press machines, etc. With open sidewalks this makes the area look
more inviting and gives direct pedestrian flow to all the businesses in the VCBIA.
Please see By -Law number 2021-24 and city By-Law number 2002-064 as it is
illegal to place anything on city sidewalks. We are asking the city and its
enforcement team to be extra diligent this year and remove and/ or fine any
business that places such articles on city sidewalks. We are requesting this from
the city in order to benefit all businesses in our area so pedestrians can safely and
easily access your establishment.
We trust you understand and agree with the above information and approach in
order to have everyone in the VCBIA have a safe and propitious summer business
season.
Thanks, you in advance for your co-operation.
Tim Parker, Office Administrator
Eric Marcon , Chairman
Page 230 of 292
SULLIVAN I MAHONEY...
L A W Y E R S
Please reply to the Niagara Falls Of?ce
Sent by Electronic Mail Message
May 25,2022
City of Niagara Falls
4310 Queen Street
Niagara Falls,Ontario
L2E 6X5
Attention:Mr.Bill Matson,City Clerk &Ms.Kira Dolch.Director of Planning &Development
Dear Mr.Matson and Ms.Dolch:
Re:AM-2021-019
5613,5631-5633 Victoria Avenue
Applicant:Fugiel International Group Inc.
As you are aware,we act as solicitors for the above—referencedapplicant in this matter.As you are
further aware,Report PBD—2022—12was considered by City Council at its March 22,2022 meeting.Under
consideration at that time was a site—speci?czoning request of 1.02 parking spaces for each dwelling unit
in the development.
The purpose of this letter is to formally request an amendment to that poition of the application
?‘om 1.02 parking spaces to 1.03 parking spaces per dwelling unit.
We would respectfully submit that the requested amendment is minor in nature and should not
require re-circulation.
In support of the requested amendment,enclosed please find the following:
1.Opinion letter from Bousfields Inc.dated May 25,2022;and
2.Parking Study Addendum letter prepared by Paradigm Transportation Solutions Limited dated
May 25,2022.
We look forward to having this matter proceed to City Council for consideration at the next
available meeting date.
Yours truly,
SULLIV MAHONEY LLP
Per:
RV:sbEncls.C.c.:ClientC.c.:Julie HannahC.c.:Bous?eldsc_c,;Pa1-adigm Client Committed.Community Minded.40 Queen Street,P.O.Box 1360.St.Catharines,ON L2}?622 t:905.688.6655 f:905.688.58144781PortageRoad,Niagara Falls,ON L2E 6B1 t:905.357-3334 f:905.357.3336sullivanmahoney.comPage 231 of 292
95BOUSFIELDS mc.
Project No.2136
May 25,2022
Julie Hannah
Planning,Building,and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls,ON,L2E 6X5
Dear Julie,
Re:Planning Letter Regarding Parking Ratio for Walnut &Victoria
Redevelopment,Niagara Falls
La Pue International Inc.
On behalf of our client La Pue International |nc.,we are writing to request consideration
of a reduced proposed parking ratio related to the redevelopment of the lands at the
corner of Victoria Avenue,Walnut Street,and Ellen Avenue.
As you are aware,or c|ient’s Official Plan and Zoning By-law Amendment applications
were approved by decision of Council on March 22,2022,which included a parking
ratio of 1.25 spaces per residential dwelling unit.
We commend City staff for working with us and our client on the proposed
redevelopment concept for a mixed-use high-rise format and feel that the working
relationship has been wonderfully collaborative.
With respect to parking,we maintain our opinion that a reduced parking rate is
appropriate for the site.As well,one of the approved amendments to the Zoning By-
law (intended to accommodate flexibility in architectural design and market viability)
was the elimination of the proportional use-type limits established on developments
within the Tourist Commercial zone (i.e.,residential vs.non—residentia|).In this regard,
the ratio of residential to non-residential areas was eliminated,and the proposal can
now proceed with a development that has more flexibility to accommodate a mixed-
use high-rise development on the lands in keeping with market fluctuations and
architectural form.
set out in the Provincial Policy Statement ("PPS”),and generally conforms to theGrowthPlan,the Niagara Region Official Plan (“NROP”),and the City of Niagara FallsOfficialPlan(“NFOP”).3 Church St.,#200,Toronto,ON M5E 1M2 T 416-947-9744 F 416-947-0781 www.bousflelds.caPage 232 of 292
9?)BOUSFIELDS mc.
Among other matters,the PPS,the Growth Plan,the NROP,and the NFOP all promote
intensification within the built—upurban areas of Ontario and make provision for the
efficient use of land in compact built forms,all while promoting principles of
sustainability.Shared principles of sustainability among these documents includes:
a Providing transportation systems which are safe,energy efficient,facilitate the
movement of people and goods,and are appropriate to address projected
needs;
0 Efficiently using existing and planned infrastructure,including through the use
of transportation demand management strategies,where feasible;
-Maintaining and,where possible,improving the multimodal transportation
system and connectivity within and among transportation systems and modes,
including connections which cross jurisdictional boundaries;and
-Promoting a land use pattern,density and mix of uses that minimize the length
and number of vehicle trips and support current and future use of transit and
active transportation.
Not only do these principles result in better built cities,but they help to ensure that
developments are designed in a manner which achieves broader planning objectives,
such as sustainable development,less congestion,and less dependency on personal
vehicle trips.
As part of the City’s two-step process for bringing Zoning By—|awAmendments into
force,our client and their architect have prepared a modified concept which takes the
approved building design,height,massing,and site-specific provisions and
reconfigures the internal layout for a mixed-use arrangement that eliminates the hotel
function on site.In simpler terms,the refined design is primarily residential,with
commercial uses at grade.
As part of the efforts to increase the parking ratio on site,the refined concept proposes
a new parking ration of 1.03 spaces per residential dwelling unit.
In this regard,additional rationale was prepared by Paradigm Transportation Solutions
which speaks to increasing the parking ratio to 1.03 spaces per residential dwelling
unit on site.This additional rationale was provided in support of the reconfigured
building format (i.e.,residential with at-grade commercial),and provides that the site
and the building can adequately accommodate a parking ratio of 1.03 spaces per
in our opinion,and in light of Paradigm’s additional rationale,we submit that a parkingratioof1.03 spaces per residential dwelling unit is not only appropriate for the site andtheproposedusesbutisrepresentativeofgoodplanning.A parking ratio of 1.03spacesperresidentialdwellingunitwillhelpachieveseveraloftheprovincial,regional,2Page 233 of 292
95BOUSFIELDS me.
and City-wide policy objectives with respect to the efficient use of land and
sustainability.
Accordingly,we request that City staff consider the parking ratio of 1.03 spaces per
residential dwelling unit on site and ask that it be approved at the Council meeting
whereby the Zoning By-law is brought into force.
Yours very truly,
Bousfields Inc.
All
Evan Sugden,HBASc,MA,CAHP,RPP,MCIP
Senior Planner
Page 234 of 292
5A-150 Pinebush Road
Cambridge ON N1R 8J8
p:519.896.3163
905.381.2229
416.479.9684
www.ptsl.com
25 May 2022
Project:(210333)
Evan Sugden
Senior Planner
Bousfields Inc.
1 Main Street East,Suite 200
Hamilton ON L8N 1E7
RE:5613 VICTORIA AVENUE,NIAGARA FALLS —PARKING STUDY ADDENDUM
In December 2021,Paradigm Transportation Solutions Limited (Paradigm)prepared a
Transportation Impact Study (TIS)and Parking Justification Study (PJS)‘for the property at
5613 Victoria Avenue in the City of Niagara Falls,
In the December 2021 submission,the site included a development program of 469 new
residential dwelling units,a hotel with 404 rooms plus approximately 687 square metres (7,395
square feet)for commercial space and a cafe.The review concluded that a parking supply of
1.02 spaces was appropriate for the site.In contrast,the development received approval for a
parking rate of 1.25 spaces per unit at the 22 March 2022 Council Meeting.
Since submitting the December 2021 study,the site plan has been revised to remove the hotel
component and provide 746 new residential dwelling units and 833 square metres (8,965
square feet)for commercial space and a cafe.The latest site plan includes a residential
parking supply of 1.03 spaces per unit.Figure 1 illustrates the most current concept plan.
From the perspective of the supporting analysis,this submission by Paradigm represents an
update to the December 2021 PJS.It addresses and includes new information concerning
recent parking data provided by the Applicant and additional policy rationale.This addendum
updates the previous PJS completed to assess the parking arrangement from a supply
perspective.
1 5613 Victoria Avenue,Niagara Falls,Transportation Impact Study,Parking Justi?cation,December 2021,ParadigmPage 235 of 292
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Analysis To Date
Based on the previous parking study completed in December 2021,a parking standard of 1.03
parking spaces per unit is supportable.This rate was based on reviewing three data-driven
methodologies that included industry parking data rates,vehicle ownership rates and local
parking demand surveys.Many emerging trends and best practices related to parking were
also identified,including societal changes,transportation demand management and parking
supply influence:
>Parking regulations stipulated in the City of Niagara Falls By-law for residential zones
are 35%higher than neighbouring municipalities that have adopted new standards.
>The site provides a robust pedestrian-oriented environment and connects to various
critical destinations within Niagara Falls.The site vicinity is served by a combination of
road types with pedestrian sidewalks.
>The level of transit accessibility provided in the area offers good non-automobile travel
opportunities.It reduces the need to use a car to access the site through two transit
routes (Route 104 and WEGO Red Line).
>A review of the travel characteristics of trips made to/from the area during the weekdays
indicates that over 20%of trips are made by non-auto means.
>A review of vehicle rates for the City suggests that approximately 35 percent of
apartments surveyed do not own a vehicle.Further disposition of the survey results can
conclude that the actual vehicle ownership,based on a weighted average,is 0.74
vehicles per unit.
>Paradigm reviewed a proxy site survey for an existing high-rise residential condominium
complex in St.Catharines that observed a maximum rate of 0.89 spaces/unit.
Precedent
The Applicant has an existing site at 5528 Ferry Street that proposes a high-rise development
similar to that proposed at 5613 Victoria Avenue.The development at 5528 Ferry Street (The
Stanley District)is located 1.2 kilometres to the west of the proposed development
The City of Niagara Falls approved a residential parking supply of 1.00 spaces per unit for this
adjacent sitez.The City made the following statement:
"Transportation Services supports reducing the parking requirements from 1.4 parking
spaces for each dwelling unit to 1 parking space for each dwelling unit.”
comparison of the transportation context for 5528 Ferry Street and 5613 Victoria Avenue hasbeencompletedratherthananecdotalopinionpresentedatthe22March2022CouncilMeeting.2 City of Niagara Falls,PBD—20‘l9—28,April 30,2019 Paradigm Transportation Solutions Limited |Page 3 \«Page 237 of 292
Analytical tools allow communities,transit agencies,developers,and employers to measure
the environmental impact of neighbourhoods‘transportation and land-use choices.These tools
provide a data drive comparison between two separate areas of a city to objectively measure
how well one area compares to another in terms of sustainable travel choices.
Walk Score is a well-known (but proprietary)measure of walkability —it aggregates several
data sources to provide a proxy measure of the quality of the pedestrian environment.It is
utilized to gauge the walkability and destination density of each neighbourhood.
>5528 Ferry Street has a Walk Score of 66 and is considered a "Somewhat Walkable"
location which means some errands can be accomplished on foot.
>5613 Victoria Avenue has a Walk Score of 67 and is considered a "Somewhat
Walkab|e."Consistent with the ranking for 5528 Ferry Street.
Transit Score is a measure of transit accessibility.lt aggregates information regarding transit
frequency,the density of stops and routes,and the service model.It is used to gauge the
transit accessibility of each neighbourhood.
>5528 Ferry Street has a Transit Score of 48 and is considered "Some Transit,"which
means a few nearby public transportation options.
>5613 Victoria Avenue has a Transit Score of 43 and is considered "Some Transit.
Consistent with the ranking for 5528 Ferry Street.
Bike Score is a measure of the area's ability to accommodate cyclists.A Bike Score is
calculated for a given location by measuring bike infrastructure (lanes,trails,etc.),hills,
destinations and road connectivity,and the number of bike commuters.
>5528 Ferry Street has a Bike Score of 51 and is considered "Bikeable,"which means
some bike infrastructure.
>5613 Victoria Avenue has a Bike Score of 63 and is considered "Bikeab|e.Consistent
with the ranking for 5528 Ferry Street.
Both 5528 Ferry Street and 5613 Victoria Street have nearly identical scores for sustainable
travel options.The analytical tools identified that the two sites have similar
sustainable/alternative travel choices and that daily errands can be accomplished without
using a vehicle.
As a precedent of 1.00 space per unit has previously been supported by Transportation Staff,
this rate is considered supportable for 5613 Victoria Avenue as the transportation context (i.e.,
sustainable/alternativetravel options)is nearly identical for the two sites.
Paradigm Transportation Solutions Limited |Page 4 \«Page 238 of 292
Parking Sales Data
Parking standards/requirements have often been developed because of the assumption that
the more parking provided,the better.This approach leads to a self-perpetuating cycle in
which increasing the supply of parking leads to increased demand and increases traffic
congestion.
Rather than a predict and provide approach,a review of actual parking sales data for a high-
rise development located at 5528 Ferry Street has been obtained.The "real"demand has
several influencing factors,including market demands.It is the best predictor of current and
future parking trends for high-rise developments proposed for the area.A review of this sales
data provides further support that the number of parking spaces that have been sold is well
below the approval of 1.25 parking spaces per unit.The data is reflective of an average rate of
0.64 spaces per unit.
Table 1 summarizes the sales data broken down further by the number of bedrooms.
Appendix A includes the sales data.
TABLE 1:5528 FERRY STREET (SALES DATA)
Unit Type Units Sold Parking Spaces Spaces/Unit
1 Bedroom 68 41 0.60
2 Bedroom 145 99 0.68
1 Bedroom +Den 67 39 0.58
TOTAL 280 179 0.64
While the Phase 1 data only represents a third of the residential units,it strongly supports the
notion that a reduced parking supply of 1.03 spaces per unit is supportable,regardless of
whether the units are one—bedroom or two-bedroom.
Developers are well attuned to their potential customers‘parking needs and will not reduce
parking provisions to compromise the marketability of their development.The parking sales
data supports the proposed parking standard of 1.03 parking spaces per unit.
Paradigm Transportation Solutions Limited I Page 5 \qPage 239 of 292
Transportation DemandManagement (TDM)
A Transportation Demand Management (TDM)plan aims to reduce the development's overall
traffic and parking impacts by implementing strategies to affect the demand side of the
transportation equation.TDM strategies include all the incentives and disincentives that
increase people's likelihood of changing their travel behaviour.Strategies include financial
incentives,time incentives,new or enhanced commuter services,dissemination of information,
and marketing alternative services.
Parking supply can be a controversial topic,and some industry and municipal representatives
may resist lowering parking supplies for various reasons.Municipal staff need to understand
the benefits of effective parking supply management and its relationship with TDM and
recognize that TDM is a policy initiative outlined in the City's Transportation Master Plan‘.
>Consider TDM in the context of all development reviews
>Establish maximum parking requirements,and parking exceptions,for residential,
commercial,industrial and institutional developments.
>Land use and transportation are fundamentally linked.To successfully promote
sustainable transport,transit-oriented development (TOD),transit improvements and
intelligent growth initiatives should co-exist to achieve significant results.
>The City should consider any form of parking an integral component of a broader TDM
strategy and sustainable urban development initiatives.These initiatives should
champion sustainability and showcase the efficient movement of people and goods.
The development will implement the proposed strategies identified herein to reduce the
number of auto—tripsmade to/from the development.The TDM plan has been formulated to
extend reasonable and practical strategies that encourage residents and visitors to take
alternative modes of transportation.The identified strategies are expected to improve
transportation access and connectivity within the study area's development and reset.
Transportation Information
The Applicant will develop marketing/informational materials as part of their initial scope of
work.Information on transportation options and links to the appropriate website should be
conveyed to all prospective residents as a component of a resident welcome packet.
Available information should include schedules for local and regional transit services,bicycle
3 Niagara Falls,Sustainable Transportation Master Plan,October 2011Paradigm Transportation Solutions Limited [Page 6 \qPage 240 of 292
Parking Supply
Finding the right balance needed to support the City's goals is critical,mainly since parking is
an expensive resource.Sufficient automobile parking is necessary for the development to be
successful.However,too much parking can encourage traffic congestion,limitthe ability to
meet trip reduction goals,increase project costs,and impact site design and aesthetics.
Research conducted in San Francisco focuses on whether or not a relationship exists between
the provision of off-street parking and the choice to drive among individuals travelling to or
from the site.Research completed found that reductions in off-street vehicular parking for
office,residential,and retail developments reduce the overall automobile mode share
associated with those developments relative to projects with the same land uses in similar
contexts that provide more off—streetvehicular parking.
In other words,more off-street vehicular parking is linked to more driving,and people without
dedicated parking spaces are less likely to drive.Based on recent research,a reduced Parking
Supply is one of the most effective TDM measures available to reduce vehicle travel‘‘*.
If free and unregulated parking is provided,there is little incentive for many residents and
visitors to use alternative modes of transportation.Free and abundant parking encourages
people to drive alone rather than car or vanpool,drop off or pick up,walk,cycle,or take transit.
Alternative sustainable modes are put at a substantial disadvantage when too much free
parking is provided.As the development promotes the use of other modes of transportation
through limited on-site parking to meet the projected demand,the development plays a
significant role in setting an example for residents and visitors to consider non-automotive
travel.
Unbundled Parking
Implementing a paid-parking operation is one of the most effective TDM strategies for
encouraging alternative travel habits.Occupants are not forced to pay for parking they do not
need and allow consumers to adjust their parking supply to reflect their needs.To further
encourage apartment building residents to utilize sustainable travel modes,the development
will enable residents to opt-out of purchasing their parking space,providing a discount on the
purchase price.
The development will consider the use of unbundled parking.As residents are notified at the
project's onset that parking is proposed to be provided as an additional cost instead of the
price to rent a unit.If residents are significantly considering changing their travel behaviour,the
cost of renting a parking space could be a contributing factor to this change.
4 Transportation Demand Management Technical Justification,City and County of San Francisco,June 2018._____.__________a(Paradigm Transportation Solutions Limited |Page 7 \Page 241 of 292
Carshare
Carsharing services are developed by private companies,cooperatives,or software
applications facilitating peer-to-peer car-sharing.The provision of car share spaces is
recognized as effective at reducing parking demand.It provides residents with a vehicle for
rare instances when transit,walking,and cycling are not appropriate for the intended trip.
A significant barrier is establishing and maintaining a critical mass of users in individual
neighbourhoods.Carsharing cannot develop until enough potential users in each area are
familiar with the concept,understand how it can benefit them and are willing to commit
themselves to a Carshare organization.The Applicant will consider protecting two spaces on-
site for two car share vehicles.
Bicycle Parking
The Applicant will promote travel to the site by biking by providing convenient bicycle
amenities.A total of ‘I54 Bike racks will be provided.
Housing Affordability Task Force
According to the Government of Ontario,housing prices in Ontario almost tripled,far outpacing
the income growth.The Government of Ontario has developed a "Housing Affordability Task
Force"comprised of industry leaders and experts to produce a report identifying and
recommending measures to address the housing supply crisis5.
One of the main recommendationsby the Housing Task Force to increase housing supply and
affordability is to reduce and streamline urban design rules to lower the costs of development.
The Housing Task Force recommends removing or reducing the parking requirements in cities
with over 50,000 people.
Generous parking requirements reduce housing affordability and impose various economic
and environmentalcosts.The Housing Task Force reports that minimum parking requirements
add as much as $165,000 to the price of a new housing unit,and parking space demand is
falling,with one in three parking stalls going unsold.Based on typical affordable housing
development costs,one parking space per unit increases costs by approximately 12.5%,and
two parking spaces can raise prices by 25%.
Residential minimum parking requirements should ensure that a basic,responsible parking
level is provided without unduly increasing the development costs.
5 Housing Affordability Task Force Report,Government of Ontario,February 2022_____________.gqParadigmTransportationSolutionsLimitedIPage8\Page 242 of 292
Parking Supply Summary
Minimum parking requirements have long been a staple of planning regulations based on
some formulation.These regulations,unfortunately,have been driven by auto-centric
engineering models.The built form in Niagara Falls is evolving significantly.Recent changes in
transportation technology and services,characterizedby ride-hailing and automobilesharing,
and the emerging technologies dominated by autonomous vehicles (AVs)suggest that
automobile ownership is likely to experience declines.Maintaining the status quo (parking
supply)will not advance the policies outlined in local and provincial policies.These policies call
for a shift away from automobile travel and towards sustainable forms of transportation.
The December 2021 PJS supported a parking supply of 1.03 spaces per unit based on three
data—drivenmethodologies:industry parking data rates,vehicle ownership rates,and local
parking demand surveys.Many emerging trends and best practices related to parking were
also identified,including societal changes and parking supply influence.
The City of Niagara Falls approved a residential parking supply of 1.00 spaces per unit for a
site located at 5528 Ferry Street (The Stanley District),located 1.2 kilometres to the west of
the proposed development.The City made the following statement:
"No objections to the application.Transportation Services supports reducing the parking
requirements from 1.4 parking spaces for each dwelling unit to 1 parking space for each
dwelling unit.”
To further support that this rate is appropriate for the site at 5613 Victoria Avenue,a
comparison of the transportation context for 5528 Ferry Street and 5613 Victoria Avenue has
been completed.Through this comparison using analytical tools,5528 Ferry Street and 5613
Victoria Street have nearly identical scores for sustainable travel options.The analytical tools
identifiedthat the two sites have similar sustainable/alternativetravel choices and that daily
errands can be accomplished without using a vehicle.
Parking sales data has been reviewed for an adjacent site owned by the Applicant at 5528
Ferry Street.The sales data from phase one of this adjacent development shows a parking
rate of 0.64 parking spaces per unit,well below the proposed supply of 1.03 spaces per unit
that is being sought.At a more detailed level,the parking demand per bedroom is summarized
as follows:
>0.60 spaces per 1 Bedroom Unit
>0.58 spaces per 1 Bedroom +Den Unit
Paradigm Transportation Solutions Limited |Page 9 \qPage 243 of 292
Lastly,the proposed parking supply is supported through a robust Transportation Demand
Management (TDM)program that includes bicycle parking,active uses at grade,protected car
share vehicles,and unbundled parking.
Based on the local data collected,a review of industry parking data,and the policy framework,
a parking supply of 1.03 spaces per unit is appropriate given the demand will not exceed the
supply.
Yours very truly,
PARADIGM TRANSPORTATION SOLUTIONS LIMITED
MM 3*
Adam J.Makarewicz Stew Elkins
Dipl.T.,C.E.T.MITE B.E.S.,MITE
Senior Project Manager Vice President
Paradigm Transportation Solutions Limited |Page 10 \Page 244 of 292
Appendix A
5528 FERRY STREET PHASE ONE SALES DATA
Paradigm Transporiation Solutions Limited I Page 11 ««Page 245 of 292
The Stanley District -Apr O6,2022 -Powered By Avesdo
Unit Floor Plan Parking
20 -T 2 _6 Bistro 1 So -Firm 551 1
365—T 3 6 Bistro 1 Sold Firm 551 1
406 -T 4 6 Bistro 1 Sold Firm 551 1
506 -T 5 6 Bistro 1 Sold Firm 551 1
606 -T 6"6 Bistro 1 Sold Firm 551 1
706 -T 7 6 Bistro 1 Sold Firm 551 1
806 -T 8 6 Bistro 1 Sold Firm 551 1
905 —T 9 6 'Bistro 1 Sold Firm 551 0
1006 -T 10 6 Bistro 1 Sold Firm 551 0
1106 -T 11 6 Bistro 1 Sold Firm 551 1
1206 —T 12 6 Bistro 1 Sold Firm 551 1
1306 -T -13 '6 Bistro 1 Sold Firm 551 1
14o'6iT 14 T5 'Bistro 1 Sold Firm 551 0
1506 —T 15 6 Bistro 1 Sold Firm 551 1
1606 -T 16 6 Bistro 1 Sold Firm 551 1
1706 —T 17 6 Bistro 1 Sold Firm 551 0
1804 -T 18 4 Bistro 1 Sold Firm 551 0
1904 —T 19 4 Bistro 1 Sold Firm 551 0
211 -T 2 11 Bistro -Rev-1 Sold Firm 551 0
311 -T 3 T1 Bistro —Rev—'1 Sold Firm 551 o
411 -T 4 11 Bistro —Rev—1 Sold Firm 551 0
511 -T S 11 Bistro —Rev—1 Sold Firm 551 1
611 -T 6 11 Bistro —Rev—1 Sold Firm 551 1
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811 -T B 11 Bistro —Rev—1 Sold Firm 551 1
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1711 -T 17 11 Bistro —Rev—1 Sold Firm 551 1
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204 -T 2 4 Cinema 1 Sold Firm 532 1
304 »T 3 4 Cinema 1 Sold Firm 532 1
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213 -T 2 13 Culture 1 Sold Firm 513 0
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1801 -T 18 1 Tourist 2 Available 789 0
1901-T 19 1 Tourist 2 Sold Firm 789 0
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312 -T 3 12 Winery 2 Sold Firm 689 0
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1612 —T 16 12 Winery 2 Sold Firm 689 1
1712 -T 17 12 Winery 2 Sold Firm 689 1
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907 -T 9 7 Carnival 1+Den Sold Firm 634 1
1007 —T 10 7 Carnival 1+Den Sold Firm 634 0
1207 -T 12 7 Carnival 1+Den Sold Firm 634 1
1307 —T 13 7 Carnival 1+Den Sold Firm 634 0
1407 -T 14 7 Carnival 1+Den Sold Firm 634 0
"1507-T
"'15 7 Carnival 1+Den Sold Firm 634 1
1607 —T 16 7 Carnival 1+Den Sold Firm 634 1
1707 -T 17 7 Carnival 1+Den Sold Firm 634 1
1805 —T 18 5 Carnival 1+Den Sold Firm 634 1
1905 —T 19 5 Carnival 1+Den Sold Firm 634 0
210 -T 2 10 Carnival-Rev-1+Den Sold Firm 634 0
310 -T 3 10 Carnival-Rev-1+Den Sold Firm 634 1
410 -T 4 10 Carnival-Rev-1+Den Sold Firm 634 1
634 0
610 —T 6 —Rev»710 -T 7 10 Carnival-Rev-1+Den SoldFirm 634 1310-T T 8 1o Carnival-Rev-1+Den Soid Firm 634 19107-T 9 1o Carnival-Rev-1+Den sold Firm 634 11010-T 10 10 Carnival-Rev-1+Den Sold Firm 634 01210-T 12 10 Carnival-Rev-1+Den Soid Firm 634 11310«T 13 7 10 Carnival-Rev-1+Den Sold Firm 634 11410-TTTT1'4 “To T "Carnival-Rev-'1+Den Sold Firm 537?11510-T _15 10 Carnival-Rev-1+Den Soid Firm 634 11610—T ‘16 1o_Carnival-Rev-1+Den Sold Firm 634 oPage 248 of 292
17161T 17 1o Carnival—Rev»
'1+Den sold Firm 534 0
1808 -T 18 8 Carnival—Rev—1+Den Sold Flrm 634 0
1908—T 19 8 Carnival«Rev—1+Den Sold Flrm 634 1
202-T 2 2 Museum 1+Den Sold Firm 692 o
302 -T 5""'2 Museum 1+Den sold Firm 698 1
402 -T 4 2 Museum 1+Den Sold Firm 698 1
502 -T 5 2 Museum 1+Den Sold Firm 698 0
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702 -T 7 2 Museum 1+Den sold Firm 698 1
802 -T 8 2 Museum 1+Den Sold Firm 698 1
302 -T
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"1002-T 10‘2 Museum 1+Den Sold Flrm 698 1
1102 —T 11 2 Museum 1+Den Sold Firm 698 0
‘I202-T 12 ‘2 Museum 1+Den Sold Flrm 698 1
1302 -T 13 2 Museum 1+Den Sold Firm 698 D
1402 —T
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1502 —T is 2 Museum 1+Den Sold Firm 698 1
1602 -T 16 2 Museum 1+Den Sold Firm 698 1
1702-T 17
'2 Museum 1+Den Sold Firm 698 1
215-T"2 15
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315 —T 3 15 Museum -Rev-1+Den Sold Firm 698 0
415 —T 4 15 Museum -Rev—1+Den Sold Flrm 698 0
515 -T 5 15 Museum -Rev-1+Den Sold Firm 698 0
Efs -T 6'15 Museum —Rev-1+Den Sold Firm 698 o
715 -T 7 15 Museum -Rev»1+Den Sold Flrm 698 0
815 —T 8 15 Museum —Rev—1+Den Available 698 0
915 —T 9 15 Museum -Rev—1+Den Sold Flrm 698 0
1015 -T 10 15 Museum -Rev-1+Den Sold Firm 698 1
1113 -T 11 13 Museum -Rev—1+Den Sold Firm 698 D
1215 -T 12 15 Museum —Rev—1+Den Sold Firm 698 0
1315-T”?15 15 ‘Museum-Rev—"~1+Den Sold Firm 698 1
1415 -T Q 15 Museum -Rev—1+Den Sold Firm 698 2
1515 -T 15 15 Museum -Rev-1+Den Sold Flrm 698 1
1615 -T 16 15 Museum -Rev-1+Den Sold Firm 698 1
1715 -T 17 15 Museum —Rev-1+Den Sold Firm 698 1
1108 -T 11 8 Llvely 2 +Den Sold Firm 658 1
2101 -T 21 1 ARTISTY Available 9463 0
T811-T is T '11 ""Attractlon sold Flrm 1468 o
Page 249 of 292
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Stopping Prohibited, Parking Prohibited,
Standing Prohibited, Designated Lanes)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by adding to the specified columns of Schedule A thereto the following items:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Dorchester Road East McLeod Rd. and a point 81 m south of
McLeod Rd.
At All Times
Dorchester Road West McLeod Rd. and a point 71 m south of
McLeod Rd.
At All Times
Page 250 of 292
(b) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Dorchester Road East Oldfield Rd. and a point 36 m south of
Jubilee Dr.
At All Times
Dorchester Road East Jubilee Dr. and a point 43 m south of Jill
Dr.
At All Times
Dorchester Road East A point 22 m north of Jill Dr. and a point
125 m north of McLeod Rd.
At All Times
Dorchester Road West Oldfield Rd. and a point 55 m south of
Jubilee Dr.
At All Times
Dorchester Road West A point 11 metres south of Jubilee Dr. and
a point 125 m north of McLeod Rd.
At All Times
(c) by adding to the specified columns of Schedule B thereto the following items:
STANDING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Dorchester Road East Jubilee Dr. and a point 36 m south of
Jubilee Dr.
At All Times
Dorchester Road East A point 43 m south of Jill Dr. and a point 22
m north of Jill Dr.
At All Times
Dorchester Road West A point 11 m south of Jubilee Dr. and a
point 55 m south of Jubilee Dr.
At All Times
(d) by adding to the specified columns of Schedule U thereto the following items:
DESIGNATED LANES
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
DESIGNATED LANE
COLUMN 4
TIMES/DAYS
COLUMN 5
DIRECTION
Dorchester Road McLeod Rd. and
Oldfield Rd.
1.5 m curb lane for cyclists
only
At All Times Northbound and
Southbound
Page 251 of 292
This By-law shall come into force when the appropriate signs are installed.
Passed this thirty-first day of May, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: May 31, 2022
Second Reading: May 31, 2022
Third Reading: May 31, 2022
Page 252 of 292
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Standing Prohibited,
Stopping Prohibited)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by removing from the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
McLeod Road North A point 69 m west of Kalar Road and a point
116 m east of Kalar Road
At All Times
(b) by removing from the specified columns of Schedule B thereto the following items:
STANDING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Dorchester Road West Lundy’s Lane and a point 50 m north of
Lundy’s Lane
At All Times
McLeod Road North A point 116 m east of Kalar Road and a
point 136 m east of Kalar Road
At All Times
Page 253 of 292
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
McLeod Road North A point 150 m west of Pin Oak Drive and a
point 187 m west of Pin Oak Drive
At All Times
(c) by removing from the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Brown Road Both A point 55 m west of Kalar Rd. and a point
35 m west of Chestnut Cres.
At All Times
Brown Road Both A point 53 metres east Kalar Road and a
point 40 metres east of Hackberry Trail
At All Times
Don Murie Street South Earl Thomas Ave. and Stanley Ave. At All Times
Drummond Road Both Oldfield Rd. and a point 100 m north of Sam
Iorfida Dr./Lionshead Ave.
At All Times
Earl Thomas Avenue West Progress St. and Don Murie St. At All Times
McLeod Road North A point 72 m west of Pin Oak Dr. and a
point 150 m west of Pin Oak Dr.
At All Times
McLeod Road North A point 136 m east of Kalar Rd. and a point
187 m west of Pin Oak Dr.
At All Times
McLeod Road North A point 72 m west of Pin Oak Dr. and a
point 150 m west of Pin Oak Dr.
At All Times
McLeod Road North A point 86 m west of Kalar Rd. and Parkside
Rd.
At All Times
Oldfield Road Both Dorchester Rd. and Drummond Rd. At All Times
Progress Street North Stanley Ave. and Earl Thomas Ave. At All Times
Page 254 of 292
(d) by adding to the specified columns of Schedule A thereto the following items:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
McLeod Road North A point 69 m west of Kalar Rd. and a point
160 m east of Kalar Rd.
At All Times
(e) by adding to the specified columns of Schedule B thereto the following items:
STANDING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Blackburn Parkway North A point 115 m east of Heartland Forest Rd.
and a point 220 m east of Heartland Forest
Rd.
At All Times
Blackburn Parkway North A point 30 m west of Montrose Rd. and a
point 100 m west of Montrose Rd.
At All Times
Brown Road North Hoptree Rd. and Butternut Blvd. At All Times
Brown Road South Hoptree Rd. and a point 29 m west of
Butternut Blvd.
At All Times
Brown Road North A point 65 m east of Shadbush Ln. and a
point 116 m east of Shadbush Ln.
At All Times
Brown Road North A point 21 m west of Heartland forest Rd.
and a point 65 m east of Heartland Forest
Rd.
At All Times
Don Murie Street South A point 115 m west of Stanley Ave. and
Stanley Ave.
At All Times
Drummond Road West A point 19m north of Sam Iorfida
Dr./Lionshead Ave. and a point 85 m north
of Sam Iorfida Dr./Lionshead Ave.
At All Times
Drummond Road East A point 19m north of Sam Iorfida
Dr./Lionshead Ave. and a point 60 m north
of Sam Iorfida Dr./Lionshead Ave.
At All Times
Drummond Road Both Oldfield Rd. and a point 78 m north of
Oldfield Rd.
At All Times
Earl Thomas Avenue West Progress St. and a point 60 m north of
Progress St.
At All Times
Oldfield Road North Pender St. and a point 90 m east of
Pender St.
At All Times
Page 255 of 292
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Oldfield Road South A point 29 m west of Pender St. and a
point 42 m east of Pender St.
At All Times
Oldfield Road North Cole Ct. and a point 41m east of Cole Ct. At All Times
Oldfield Road South A point 50 m west of Cole Ct. and a point
44 m east of Cole Ct.
At All Times
Progress Street North Earl Thomas Ave. and a point 96 m east of
Earl Thomas Ave.
At All Times
(f) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Brown Road Both A point 55 m west of Kalar Rd. and
Hoptree Rd.
At All Times
Brown Road North Butternut Blvd. and a point 35 m west of
Sweet Chestnut Dr.
At All Times
Brown Road South A point 29m west of Butternut Blvd. and a
point 35 m west of Sweet Chestnut Dr.
At All Times
Brown Road South A point 53 metres east Kalar Road and a
point 40 metres east of Hackberry Trail
At All Times
Brown Road North A point 53 metres east Kalar Road and a
point 21 metres west of Heartland Forest
Road
At All Times
Brown Road North A point 65 m east of Heartland Forest Rd.
and a point 65 m east of Shadbush Ln.
At All Times
Brown Road North A point 116 m east of Shadbush Ln. and a
point 40 metres east of Hackberry Trail
At All Times
Don Murie Street South Earl Thomas Ave. and a point 115 m west
of Stanley Ave.
At All Times
Drummond Road Both A point 78 m north of Oldfield Rd. and a
point 19 m north of Sam Iorfida
Dr./Lionshead Ave.
At All Times
Page 256 of 292
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Earl Thomas Avenue West A point 60 m north of Progress St. and Don
Murie St.
At All Times
McLeod Road North A point 72 m west of Pin Oak Dr. and a
point 160 m east of Kalar Rd.
At All Times
McLeod Road North A point 68 m west of Kalar Rd. and
Parkside Rd.
At All Times
Oldfield Road North Dorchester Rd. and Cole Ct. At All Times
Oldfield Road North A point 45 m east of Cole Ct. and Pender
St.
At All Times
Oldfield Road North A point 90 m east of Pender St. and
Drummond Rd.
At All Times
Oldfield Road South Dorchester Rd. and a point 50 m west of
Cole Ct.
At All Times
Oldfield Road South A point 44 m east of Cole Ct. and a point
29 m west of Pender St.
At All Times
Oldfield Road South A point 42 m east of Pender St. and
Drummond Rd.
At All Times
Progress Street North Stanley Ave. and a point 96 m east of Earl
Thomas Ave.
At All Times
This By-law shall come into force when the appropriate signs are installed.
Passed this thirty-first day of May, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: May 31, 2022
Second Reading: May 31, 2022
Third Reading: May 31, 2022
Page 257 of 292
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Metered Parking Queen St. BIA & Limited
Parking)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by removing from the specified columns of Schedule G2 thereto the following items:
METERED PARKING QUEEN STREET BIA
COLUMN 1
LOCATION
COLUMN 2
AREA
COLUMN 3
FROM
COLUMN 4
TO
Queen St. North n/e corner Zimmerman Ave. n/e corner Victoria Ave.
(b) by adding to the specified columns of Schedule E thereto the following items:
LIMITED PARKING
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
COLUMN 5
MAXIMUM PERIOD
PERMITTED
Queen St. North A point 14.5 m west of St. Lawrence
Ave. and a point 21.5 m west of St.
Lawrence Ave.
9:00 a.m.to
5:00 p.m.
Mon. to Fri.
Excluding Hol.
15 minutes
No re-parking within 4
hours of initial parking
In downtown zone
Page 258 of 292
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
COLUMN 5
MAXIMUM PERIOD
PERMITTED
Queen St. North A point 23 m east of St. Lawrence
Ave. and a point 30 m east of St.
Lawrence Ave.
9:00 a.m.to
5:00 p.m.
Mon. to Fri.
Excluding Hol.
15 minutes
No re-parking within 4
hours of initial parking
In downtown zone
Queen St. North A point 22 m east of Crysler Ave. and
a point 29 m east of Crysler Ave.
9:00 a.m.to
5:00 p.m.
Mon. to Fri.
Excluding Hol.
15 minutes
No re-parking within 4
hours of initial parking
In downtown zone
Queen St. North A point 14.5 m west of Ontario Ave.
and a point 21.5 m west of Ontario
Ave.
9:00 a.m.to
5:00 p.m.
Mon. to Fri.
Excluding Hol.
15 minutes
No re-parking within 4
hours of initial parking
In downtown zone
Queen St. North A point 11 m west of Erie Ave. and a
point 18 m west of Erie Ave.
9:00 a.m.to
5:00 p.m.
Mon. to Fri.
Excluding Hol.
15 minutes
No re-parking within 4
hours of initial parking
In downtown zone
(c) by adding to the specified columns of Schedule G2 thereto the following items:
METERED PARKING QUEEN STREET BIA
COLUMN 1
LOCATION
COLUMN 2
AREA
COLUMN 3
FROM
COLUMN 4
TO
Queen St. North n/e corner Zimmerman Ave. A point 11 m west of Erie
Ave.
Queen St. North A point 18 m west of Erie Ave. A point 14.5 m west of
Ontario Ave.
Queen St. North A point 21.5 m west of Ontario Ave. A point 29 m east of
Crysler Ave.
Queen St North A point 22 m east of Crysler Ave. A point 30 m east of St.
Lawrence Ave
Queen St North A point 23 m east of St. Lawrence
Ave.
A point 14.5 m west of St.
Lawrence Ave.
Queen St North A point 21.5 m west of St. Lawrence
Ave.
n/e corner Victoria Ave.
Page 259 of 292
This By-law shall come into force when the appropriate signs are installed.
Passed this thirty-first day of May, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: May 31, 2022
Second Reading: May 31, 2022
Third Reading: May 31, 2022
Page 260 of 292
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Standing Prohibited,
Stopping Prohibited, Designated Lanes)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by removing from the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road East Thorold Stone Road and a point 50 metres
south of Crawford Street
At All Times
(b) by removing from the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road West A point 90 metres north of Cherrywood
Road and a point 40 metres south of
Crawford Street
At All Times
Page 261 of 292
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road West A point 65 metres north of Galliner Street
and a point 30 metres south of Galliner
Street
At All Times
(c) by adding to the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road East Thorold Stone Road and a point 40 metres
south of Crawford Street
At All Times
(d) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road West A point 120 metres north of Cherrywood
Road and a point 9 metres south of
Glengate Street
At All Times
Drummond Road West A point 40 metres north of Glengate Street
and a point 73 metres south of Sheldon
Street
At All Times
Drummond Road West A point 22 metres south of Sheldon Street
and a point 40 metres south of Crawford
Street
At All Times
Drummond Road East A point 21 metres north of Cherrywood
Road and a point 40 metres south of
Crawford Street
At All Times
(e) by adding to the specified columns of Schedule B thereto the following items:
STANDING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road West A point 90 metres north of Cherrywood
Road and A point 120 metres north of
Cherrywood Road
At All Times
Drummond Road West A point 9 metres south of Glengate Street
and a point 40 metres north of Glengate
Street
At All Times
Page 262 of 292
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Drummond Road West A point 22 metres south of Sheldon Street
and A point 73 metres south of Sheldon
Street
At All Times
Drummond Road East A point 30 metres south of Cherrywood
Road and a point 21 metres north of
Cherrywood Road
At All Times
(f) by adding to the specified columns of Schedule U thereto the following items:
DESIGNATED LANES
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN3
DESIGNATED
LANE
COLUMN 4
TIMES/DAYS
COLUMN 5
DIRECTION
Drummond Road
Thorold Stone Road and
Gallinger Street
1.8 metre curb
lane for cyclists
only
At All Times
Southbound
Drummond Road
Gallinger Street and
Cherrywood Street
1.8 metre curb
lane for cyclists
only
At All Times
Northbound and
Southbound
This By-law shall come into force when the appropriate signs are installed.
Passed this thirty-first day of May, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: May 31, 2022
Second Reading: May 31, 2022
Third Reading: May 31, 2022
Page 263 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for two 4 storey
apartment dwellings, containing a total of 40 units (AM-2021-005).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be the uses of the R5B zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area
124 square metres per dwelling unit,
after the dedication of any required
road widening
(b) Minimum front yard depth 4 metres plus any applicable
distance specified in section 4.27.1
(c) Minimum exterior side yard
width
3.5 metres
(d) Maximum height of building or
structure
14.5 metres and 4 storeys,
whichever is less, subject to Section
4.7 in By-law 79-200
(e) Maximum number of apartment
dwellings on one lot
2
(f) Minimum landscaped open
space
28 % of the lot area
Page 264 of 292
2
(g) Maximum projection of a
balcony into a required side
yard
0.55 metres
(h) Minimum perpendicular width
of a manoeuvring aisle
5.9 metres
(i) The balance of regulations specified for a R5B use.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet C6 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from NC (H) to R5B and numbered
1164.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1164 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31th day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 265 of 292
SCHEDULE 1 TO BY-LAW NO.2022-
Subject Lands:AV
LionsheadAv
Sam Iorfida Dr
Pender St
is 12
U1
E E
C=2
G)
‘g E
E E
Q Q
Willey StEaglewoodDr
Oid?eldRd
Amending Zoning By-law No.79-200
Description:PT TWP LT 188 STAMFORD AS IN RO222044;NIAGARA FALLS
PIN:64372-0370 (LT)
PT TWP LT 188 STAMFORD AS IN RO466010;NIAGARA FALLS
PIN:64372-0371 (LT)
Applicant:MOUNTAINVIEW DRUMMOND INC.It
NTS
Assessment #:272511000104200;272511000104300 AM—2021—005
K:\GIS_Requests\2021\Schedu|e\Zoning\O5\AM—2021—O05\AM—2021—0O5.aprx 4/25/2022
Page 266 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to provide for the adoption of Amendment No. 143 to the City of Niagara Falls
Official Plan (AM-2021-023).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 143 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May 2022.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\OFFICIAL.PLN\AMEND\#143 - Part of 5882 Dunn Street (commercial part)\By-law - OPA 143.docx
Page 267 of 292
OFFICIAL PLAN AMENDMENT NO. 143
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to allow for the existing office and a satellite parking
lot. The subject lands are approximately 1.4 hectares in size and are located on the
north side of Dunn Street, east of Orchard Avenue.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area 80 on Schedule A –
Future Land Use to the City’s Official Plan.
(iii) Details of the Amendment
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of
Subsection 13.80.
(iv) Basis of the Amendment
The applicant (1984351 Ontario Limited- Carmello Menechella) propose to utilize the
1.4 hectares for the existing office and a satellite parking lot within Special Policy Area
80.
The subject lands are designated Residential as shown on Schedule A – Future Land
Use of the City’s Official Plan.
The amendment meets the intent of the Official Plan as the existing office is a non-
complying use which is being recognized. The subject land is suitable to be used as an
office as the land has long been used for non-residential purposes that are compatible
with surrounding properties, do not contribute to an urban renewal problem, and do not
interfere with desirable development in adjacent areas. The site is suitable for a satellite
parking lot as it abuts an arterial road, is in proximity to tourist commercial uses and has
historically been used for non-residential purposes. In addition, the City’s transportation
network can support the traffic generated. The retention of the Residential designation
will permit the land to develop for residential uses in the future.
Page 268 of 292
2
S:\OFFICIAL.PLN\AMEND\#143 - Part of 5882 Dunn Street (commercial part)\Preamble - OPA 143.docx
Page 269 of 292
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the
following text and attached map, constitute Amendment No. 143 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map
1 to Amendment No. 143", shall be identified as Special Policy Area "80" on Schedule "A"
to the Official Plan
2. TEXT CHANGE
a. PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding
the following subsection:
13.80 SPECIAL POLICY AREA “80”
Special Policy Area "80" applies to 1.4 hectares of land on the north side of Dunn
Street, east of Orchard Avenue. Notwithstanding the policies contained in Part
2, Section 1- Residential, this land may be utilized for the existing office building
and a satellite parking lot for a number of properties located within the Tourist
Commercial district subject to the following policies:
13.80.1 The satellite parking lot shall be linked to lands located within the Tourist
Commercial district by a site specific zoning by-law.
13.80.2 The maximum number of parking spaces permitted for the satellite
parking lot shall be 127 parking spaces on the lands after providing all
the required parking for the existing office building.
S:\OFFICIAL.PLN\AMEND\#141 - 4118 & rear 4130 Main St Chippawa\PART 2 BODY.docx
Page 270 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for an existing office
building and a satellite parking lot for four tourist commercial properties (AM-2021-023).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 and Schedule 2 of this by-law and shall be referred to in
this by-law as the “Lands”. Schedules 1 and 2 are a part of this by-law.
2. The Lands shall be identified as five parcels, known as Parcels R4-1171, TC-1172,
TC-1173, TC-1174, and TC-1175.
3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by-law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
5. The permitted uses shall be:
(a) For Parcel R4-1171,
(i) The uses permitted in the R4 zone.
(ii) An existing office.
(iii) Satellite parking lot, with an existing office.
(b) For Parcel TC-1172, the uses permitted in the TC-587, TC-635, and TC-562
zone.
(c) For Parcel TC-1173, the uses permitted in the TC-515 zone.
(d) For Parcel TC-1174, the uses permitted in the TC-1118 zone.
(e) For Parcel TC-1175, the uses permitted in the TC-1024 and TC-1103 zone.
Page 271 of 292
2
6. The regulations governing the permitted uses on Parcel R4-1171 shall be:
(a) Minimum perpendicular width
of manoeuvring aisle
5.9 metres, where a parking
space has a minimum width of 2.75
metres by 6 metres long.
(b) Parking in yards Notwithstanding section 4.19.4 (c)
(v), a landscape strip with a
minimum width of 4.0 metres
measured from the abutting street
line, after the dedication of any
required road widening.
(c) Minimum fencing A closed-board type fence with a
minimum height of 1.8 metres shall
be erected and maintained on or
adjacent to the rear and interior side
lot lines.
(d) Satellite parking lot
Maximum of 127 parking spaces
(e) The balance of regulations specified for a R4 use.
6 The regulations governing the permitted uses on Parcel TC-1172 shall be:
(a) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1172 may be provided
and maintained on Parcel R4-
1171.
7 The regulations governing the permitted uses on Parcel TC-1173 shall be:
(a) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1173 may be provided
and maintained Parcel R4-1171.
8 The regulations governing the permitted uses on Parcel TC-1174 shall be:
(a) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1174 may be provided
on Parcel R4-1171.
Page 272 of 292
3
9 The regulations governing the permitted uses on Parcel TC-1175 shall be:
(a) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1175 may be provided
and maintained on Parcel R4 -
1171.
10 For the purposes of this by-law:
“Commercial parking lot” means an area used for the temporary parking or storing
of vehicles for profit or gain.
“Existing office” means an office building that exists as of the date of passing of
this by-law.
“Satellite parking lot” means an area of land or part thereof which is provided and
maintained for the purpose of temporary parking of or storage of automobiles that
are accessory to the uses permitted on Parcels TC-1171, TC-1172, TC-1173, TC-
1174 and TC-1175 of this by-law but does not include a commercial parking lot.
11 All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
12 No person shall use the Lands for a use that is not a permitted use.
13 No person shall use the Lands in a manner that is contrary to the regulations.
14 The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1E and R4, in part, to R4 and
numbered 1171; and, shall be shown on Sheet D5 of Schedule “A” of By -law No.
79-200 by redesignating the Lands from TC and numbered 587, 635, and 562, to
TC and numbered 587, 635, 562, and 1172, and by redesignating the Lands from
TC and numbered 515, to TC numbered 515 and 1173, and by redesignating the
Lands from TC and numbered 1118 to TC and numbered 1118 and 1174, and by
redesignated the lands from TC and numbered 1024 and 1103 to TC and
numbered 1024, 1103, and 1175. Section 19 of By-law No. 79-200 is amended by
adding thereto:
19.1.1171 Refer to By-law No. 2022-___.
19.1.1172 Refer to By-law No. 2022-___.
19.1.1173 Refer to By-law No. 2022-___.
19.1.1174 Refer to By-law No. 2022-___.
19.1.1175 Refer to By-law No. 2022-___.
Page 273 of 292
4
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 274 of 292
Amending Zoning By-law No.79-200
PART OF BLOCK41,PLAN1 STAMFORD,AS IN Ro510035;NIAGARA FALLSDescription:
Applicant:1984351 ONTARIO LIMITED 4?
NTS
Assessment #:272507000304000 AM—2021—023
K:\GIS_Requests\2021\Schedu|e\Zoning\23\AM—2021—O23.aprx 5/12/2022
Page 275 of 292
çççççç
çç
çç
çç
çç
çççççç
çççççççç ççççççTC-635
TC-515
TC-1024
TC-1118
TC-587
TC-1103
TC-1175
TC-1174
TC-1173
TC-1172
TC-562
S Y M M E S STD I X O N S T GREYAVM U R R AY S TROSSSTFINLAY
AVR O B I N S O N S T
CLEVELANDAVLEVELAVALLENDALEAVFALLSVIEWBVMAINST
R O B I N S O N S T
D U N N S T MA
I
N
S
TSTANLEYAVSCHEDULE 2 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\23\AM-2021-023.aprx
1984351 Ontario Limited
272508000107000, 272508000107100,
272503000805703, 272503000816805
AM-2021-023
¹
5/11/2022
Current Zoning:
Description:Numbering 635, 562, 587, and 1172 the land located on the east side of Fallsview Blvd, south of Portage Road, being Part Pavilion
Lot Plan 01, Part Dunn Street, Part Ranges 07 and 08, municipally known as 6700 Fallsview Boulevard (PIN 64377-0041);
Numbering 515, and 1173 the land located on the east side of Fallsview Blvd, south of Dunn Street, being Part Range 07 Plan 01,
Part 4 on 59R-3409, municipally known as 6732 Fallsview Boulevard (PIN 64377-0156);
Numbering 1118, 75, and 1174 the land located on the west side of Fallsview Blvd, north of Murray Street, being Part Ranges 18-21
Plan 01, Part 1 on 59R-440, municipally known as 6289 Fallsview Boulevard (PIN 64348-0140);
Numbering 1024, 1103, and 1175 the land located on the east side of Stanley Avenue, south of Robinson Street, being Part Ranges
20 & 21 Plan 01, Lots 31 & 32 Plan 270, Pt Lots 28, 34 Plan 270, Parts 1 & 2, 59R-5284, municipally known as 6170 Stanley Avenue
(PIN 64348-0134); Lot 27, Plan 270 Village of Niagara Falls; Lot 26, Plan 270 Village of Niagara Falls; Lot 25, Plan 270 Village of
Niagara Falls; Lot 24, Plan 270 Village of Niagara Falls; Lot 33, Plan 270 Village of Niagara Falls; City of Niagara Falls
PIN: 64348-0065 (LT)
NTS
Page 276 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for 8 on-street and
22 block townhouse dwellings (AM-2021-024).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in the R4 zone.
(b) An on-street townhouse dwelling, in accordance with the regulations contained
in Section 7.9.2 of By-law No. 79-200 for a townhouse dwelling.
5. The regulations governing the permitted uses shall be:
(a) Minimum front yard depth for a
townhouse dwelling
5.5 metres from Dixon Street plus
any applicable distance specified in
section 4.27.1 of By-law No. 79-200;
and, 10 metres from Dunn Street
plus any applicable distance
specified in section 4.27.1 of By-law
No. 79-200
(b) Minimum interior side yard
width
(i) Between points A
and B and D and E
(ii) Between points B
and C, C and D, E
and F, and G and H
4.8 metres
One half the height of the building
Page 277 of 292
2
(c) Maximum lot coverage 45 %
(d) Maximum projection of
architectural features
2.5 metres into a required front yard
(e) Maximum deck projection
(i) Into a required interior
side yard
(ii) Into a required privacy
yard
3.5 metres
4 metres
(f) Minimum fencing
A closed-board type fence with a
minimum height of 1.8 metres shall
be erected and maintained adjacent
along the interior lot lines.
(g) The balance of regulations specified for a R4 use.
6. For the purposes of this by-law:
“architectural features” means roofed over porches, balconies, decks,
platforms, canopies, bay windows, and any other architectural elements for
the purpose of articulating the building façade.
7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1E and R4 to R4 and numbered
1166.
11. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1166 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 278 of 292
SCHEDULE 1 TO BY-LAW NO.2022-
Amending Zoning By-law No.79-200
Description:PART OF BLOCK41,PLAN1 STAMFORD,AS IN RO510035;NIAGARA FALLS
Applicant:1984351 ONTARIO LIMITED It
NTS
Assessment #:272507000304000 AM—2021—024
K:\GIS_Requests\2021\Schedu|e\Zoning\24\AM—2021—O24.aprx 5/12/2022
Page 279 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for 4 semi-detached
dwellings units and 15 townhouse dwelling units (AM-2021-027).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in the R4 zone, save and except an apartment
dwelling.
(b) Semi-detached dwelling, in accordance with the regulations contained in
Section 7.9.2 of By-law No. 79-200 for a townhouse dwelling.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area
244 square metres for each dwelling
unit
(b) Minimum lot frontage
12 metres
(c) Minimum rear yard depth
7.2 metres
(d) Minimum interior side yard
width
2.9 metres (east)
2.2 metres (west)
(e) Minimum privacy yard depth 7.2 metres (north)
6.9 metres (south)
(f) Front lot line Deemed to be Van Alstyne Place
(g) The balance of regulations specified for a R4 use.
Page 280 of 292
2
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R2 to R4 and numbered 1167.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1167 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 281 of 292
1167
FAL L S A V
R4
MCRAE ST
STAMFORD STSECONDAV EPWORTHCLVANALSTYNEPLMCDOUGALLCR
KINCAID PL
EASTWOOD
C
RTHIRDAVSCHEDULE 1 TO BY-LAW NO. 2021-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\27\AM-2021-027\AM-2021-027.aprx
2579366 ONTARIO INC
272502000710400 AM-2020-027
¹
4/26/2022
Description:BLOCK A, PLAN 307, NIAGARA FALLS EXCEPT RO732730, BB29769 AND
NF43902; S/T RO732730; NIAGARA FALLS
NTS
Page 282 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for 5 townhouse
dwelling units (AM-2021-028).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be the uses permitted by the R3 zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum interior side yard
1.8 metres
(b) Maximum width of a driveway
or parking area in the front yard
of a lot
(i) For the western most
unit
(ii) For all other units
13.4 metres
60% of the lot frontage
(c) The balance of regulations specified for a R3 use
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
Page 283 of 292
2
9. The provisions of this by-law shall be shown on Sheets C4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1D to R3 and numbered 1177.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1177 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\By-laws\AM-2021-028 - 5360 Royal Manor (5 towns)\Byam028.docx
Page 284 of 292
&&&&&&&&1177
ROYAL MANOR DR
W I N D S O R C R
PO W ER C A N A L53m
53.12m
53.83m57.53mR3
420
SCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\28\AM-2021-028.aprx
Anthony Vacca
PT 272509000113400 AM-2021-028
¹
5/11/2022
Description:
NTS
PT TWP LOT 124 STAMFORD PT 1 59R3055 & PT 1 59R2240; NIAGARA FALLS
PART OF PIN: 64419-0126 (LT)
Page 285 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 3 storey, 25
unit apartment dwelling (AM-2021-029).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be the uses permitted by the R5A zone.
5. The regulations governing the permitted uses shall be the regulations for an R5A
use in the R5A zone.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheets C4 of Schedule “A” of By-
law No. 79-200 by redesignating a portion of the Lands from R1D to R5A.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\By-laws\AM-2021-029 - 5360 Royal Manor Dr (Apartment)\Byam029.docx
Page 286 of 292
PART OF PIN: 64419-0126 (LT)
Page 287 of 292
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 4 storey place
of worship subject to the removal of the holding (H) symbol and By-law Nos. 2016-053
and 2020-045 are rescinded for the subject Lands (AM-2021-030).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1, Schedule 1 to By-law 2020-45, and Schedule 1 to By-law
No. 2016-53 are a part of this by-law.
2. The Lands shall be identified as two parcels, known as Parcels TC(H)-1168 and
TC-1169.
3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by-law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
5. The permitted uses shall be:
(a) For Parcel TC(H)-1168, the uses permitted in the TC zone.
(b) For Parcel TC-1169, the uses permitted in the TC-1024 zone.
6. The regulations governing the permitted use of Parcel TC(H)-1168 shall be:
(a) Minimum rear yard depth-
where no part of the building is
used for residential purposes
0 metres
(b) Maximum lot coverage
85 %
(c) Maximum height of building or
structure
20.3 metres and 4 storeys, subject to
section 4.7 of By-law 79-200
(d) Loading area requirements 2 loading spaces which cannot be
provided on the land located on the
south side of Robinson Street, east
of Stanley Avenue, shown hatched
Page 288 of 292
2
and designated TC (H) and
numbered 1168 on Schedule 1,
attached hereto, shall be provided
and maintained on the land on the
west side of Stanley Avenue, shown
hatched and designated TC and
numbered 1169 on Schedule 1,
attached hereto.
(e) The balance of regulations specified for a TC use.
7. The regulations governing the permitted uses on Parcel TC-1169 shall be:
(a) Loading Spaces 2 loading spaces which cannot be
provided on the land located on the
south side of Robinson Street, east
of Stanley Avenue, shown hatched
and designated TC (H) and
numbered 1168 on Schedule 1
attached hereto.
8. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
9. No person shall use the Lands for a use that is not a permitted use.
10. No person shall use the Lands in a manner that is contrary to the regulations.
11. The holding (H) symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act. No person shall use the Lands described in section 1 of this by-law and shown
hatched and designated TC(H) and numbered 1168 on the plan Schedule 1
attached hereto for any purpose, prior to the H symbol being removed pursuant to
the Planning Act. Prior to the H symbol being removed, the landowner or
developer shall complete the necessary Environmental Site Assessments and file
a Record of Site Condition (RSC), in the Environmental Site Registry, and submit
to the City and the Region proof that the Ministry of Environment, Conservation
and Parks has acknowledged receipt of the RSC to the satisfaction of the City and
Region.
12. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from TC to TC(H) and numbered 1168
and designating the Lands to TC-1169.
13. For the purposes of this By-law, none of the provisions of By-law Nos. 2016-053
and 2020-045 shall continue to apply to Parcel TC(H)-1168 and Schedule 1 to By-
law No. 2016-053 and Schedule 1 to By-law No. 2020-045 are amended as
attached hereto forming part of this by-law.
Page 289 of 292
3
14. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1168 Refer to By-law No. 2022-___.
19.1.1169 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 31st day of May, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 290 of 292
1168
1169
TC(H)
TC
ALLENDALEAVFALLSVIEWBVR O B I N S O N S T
M U R R AY S TSTANLEY AVSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\30\AM-2021-030\AM-2021-030.aprx
632162 Ontario Limited,
1992219 Ontario Limited
272503000814700, 272503000816805 AM-2021-030
¹
5/11/2022
Description:Part Range 20 & 21, Plan 1, Stamford, being Part 1 on 59R-5284; Lots 31 & 32, Plan 270; Part Lot 34,
Plan 270; Part Range 21, Plan 1, Stamford, being Part 2 on 59R-5284; Lot 28, Plan 270 except Part 1 on
59R-14635; City of Niagara Falls
PIN: 64348-0134 (LT)
Lot 27, Plan 270 Village of Niagara Falls; Lot 26, Plan 270 Village of Niagara Falls; Lot 25, Plan 270 Village
of Niagara Falls; Lot 24, Plan 270 Village of Niagara Falls; Lot 33, Plan 270 Village of Niagara Falls; City of
Niagara Falls
PIN: 64348-0065 (LT)
NTS
Page 291 of 292
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
31st day of May, 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 31st day of May, 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 31st day of May, 2022.
.............................................................. .............................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 292 of 292