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04-18-2023 AGENDA City Council Meeting 4:00 PM - April 18, 2023 Council Chambers/Zoom App. All Council Meetings are now open to the public in person, in Council Chambers or watched virtually. 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: Tamiya Cox (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In-Camera April 18th, 2023 - Resolution to go In-Camera 14 3. ADOPTION OF MINUTES 3.1. Council Minutes of March 21, 2023 City Council - 21 Mar 2023 - Minutes - Pdf 15 - 30 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Niagara Parks Commission (Presentation added) Niagara Parks Commission Chair, April Jeffs and CEO, David Adames wish to update Council with a presentation regarding Niagara Parks' projects and initiatives. 31 - 52 Page 1 of 418 Presentation - Niagara Parks Update - NF Council April 2023 Item #6.1 - Comments from resident 6.2. Moose Hide Campaign The co-founders of the Moose Hide Campaign, are hoping to raise awareness around issues of reconciliation and violence against women and girls. David Stevenson, Moose Hide Campaign CEO, will be attending virtually and wishes to share an impactful presentation as to how Canadians can get involved to stop gender-based violence and how to participate in the Moose Hide Campaign as part of reconciliation. Presentation Request - Moose Hide Campaign #6.2 - Comments from resident 53 - 57 6.3. Appointment Request - AMD for Hope (Presentation added) Julio Batres-Gavidia, President, Rotary Club of St. Catharines South, along with Victoria Biliak, President of AMD for Hope, is requesting a delegation from the Ukrainian Community represented by AMD for Hope to present at the April 18 2023 Council meeting. The purpose of this presentation is to express gratitude to the Niagara Falls community for their outstanding support towards humanitarian efforts. AMD for Hope is an organization that has been working tirelessly to provide humanitarian aid to Ukraine. Appointment Request - AMD for Hope Presentation - AMD_FOR_HOPE_NF_ Item #6.3 - Comments from resident 58 - 90 6.4. FIR-2023-02 Camp Molly Niagara FIR-2023-02 - Pdf Presentation - Camp Molly 2023 Niagara - Council presentation Item #6.4 - Comments from resident 91 - 108 7. PLANNING MATTERS 7.1. PBD-2023-20 AM-2022-031, Official Plan and Zoning By-law Amendment 109 - 125 Page 2 of 418 7085 Morrison Street (Optimist Club) Proposal: Convert the existing Optimist Club building for commercial uses and construct a separate building for commercial uses Applicant: River Realty Development (1976) Inc. PBD-2023-20 - Pdf Presentation (Staff) - Public Meeting - AM-2022-031 Comments fr. Alison Castellano AM-2022-031 (Redacted) #7.1 - Comments from resident 7.2. PBD-2023-22 (Comments added) AM-2022-029, Zoning By-law Amendment 6633 McLeod Road Proposal: 18 stacked townhouse units within one four storey building. Applicant: Stefan Boncore Agent: Greg Hynde (Urban Environments) PBD-2023-22 - Pdf Presentation (Staff) - Public Meeting - AM-2022-029 - 6633 McLeod Road Applicant (architect) McLeod ZBA Public Meeting MSA Slides Comments fr. 6601 McLeod Rd, Adjacent Apartment Building AM-2022-029 Item #7.2 - Comments from resident 126 - 153 7.3. PBD-2023-24 (Report and presentation added) AM-2022-012, Official Plan and Zoning By-law Amendment Application 5602 and 5592 Robinson Street and Part of 6158 Allendale Avenue Proposal: To permit the development of a 77 storey building (at a height of 245 metres) with 962 residential dwelling units and 516 square metres of commercial floor area Applicant: Fudzi International Group (c/o Pawel Fugiel) Agent: Bousfields Inc. (c/o David Falleta) PBD-2023-024 - Pdf 154 - 217 Page 3 of 418 Presentation (Staff) - Public Meeting - AM-2022-012 5602 & 5592 Robinson and Pt 6158 Allendale #7.3 - Presentation (Applicant) Apr 18, 2023_Final SPM Presentation #7.3 - Comments from Resident 8. REPORTS 8.1. MW-2023-09 AMO-LAS Private Water and Sewer Service Line Warranty Program MW-2023-09 - Pdf #8.1 - Comments from resident 218 - 233 8.2. MW-2023-10 Fern Ave., Marieclaude Ave., and Jordan Ave. Watermain Replacements - Contract Award (2023-504-19) MW-2023-10 - Pdf #8.2 - Comments from resident 234 - 239 8.3. MW-2023-11 Single Source Purchase Request - Parking Pay and Display Machines MW-2023-11 - Pdf #8.3 - Comments from resident 240 - 243 8.4. PBD-2023-21 Industrial Land Conversion 5584 Fraser Street and other lands: Official Plan Amendment Initiation Report PBD-2023-21 - Pdf 244 - 247 8.5. PBD-2023-23 Honourary Street Naming Policy Amendments and By-law PBD-2023-23 - Pdf 248 - 255 Page 4 of 418 #8.5 - Comments from resident 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. L-2023-08 Permanently Close and Declare Surplus of Lands Cook's Mills Road Our File No. 2020-186 L-2023-08 - Pdf 256 - 263 9.2. L-2023-09 Encroachment Agreement with the City 4457 Ferguson Street - Partial Dwelling, Stairs and Enclosure Our File No. 2023-60 L-2023-09 - Pdf Items #9.1 & 9.2 - Comments from resident 264 - 267 10. 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 #10.1 through to and including Item #10.10. 10.1. Flag-Raising Request - Polish National Flag - Constitution Day 268 Page 5 of 418 The Polish National Union of Canada is requesting the City of Niagara Falls to hold a flag-raising ceremony at City Hall on Wednesday, May 3rd, 2023 to bring awareness in our community and officially celebrate Poland's "Constitution Day." Flag-Raising - Poland's National Flag Day Request 10.2. Flag-Raising and Resolution Request - International Day Against Homophobia and Transphobia The attached correspondence is a request for the City of Niagara Falls' Council to approve a flag-raising on Wednesday, May 17, 2023 for "International Day Against Homophobia and Transphobia" by raising the rainbow flag; and, furthermore, to adopt a resolution to recognize this day by the municipal council. Letter for City Council Model resolution municipality - may 17th 269 - 270 10.3. Flag-Raising Request - Haitian Day Ambassador of Haiti is requesting a flag-raising ceremony at City Hall on Thursday, May 18, 2023 and a Falls Illumination that evening with the colours of Haiti (red and blue) to commemorate this celebrated day. Flag-Raising Request - Haitian Day 271 10.4. Proclamation Request - National Public Works Week On behalf of the many women and men employed to serve the community in the Municipal Works Division, our General Manager of Municipal Works, Erik Nickel, is kindly requesting the City of Niagara Falls proclaim May 21-27, 2023 as National Public Works Week. Proclamation Request - National Public Works Week - SampleProclamationCAN 272 10.5. Proclamation Request - International Trigeminal Neuralgia Awareness Day The attached correspondence is a request for Niagara Falls to proclaim Saturday, October 7, 2023 as "International Trigeminal Neuralgia Awareness Day" and to light up the arches on Queen Street. The Light Up Teal Illumination will bring light and 273 - 274 Page 6 of 418 awareness to those who suffer from Trigeminal Neuralgia (TN) and other facial pain disorders. (**Carey has sent a response to inform of Downtown BIA being disbanded and that it is currently in a transition period....) Proclamation Request - International Trigeminal Neuralgia Awareness Day 2023 Light Up Teal Request Letter 10.6. Proclamation Request - Canadian Viral Hepatitis Elimination Day (Can Hep Day) On behalf of the Hepatitis C Care Clinic at the Niagara Health System, Karen Usick is requesting Council to support the campaign by proclaiming Thursday, May 11, 2023 as Canadian Viral Hepatitis Elimination Day. Proclamation Request - Canadian Viral Hepatitis Elimination Day (Can Hep Day) Canadian Viral Hepatitis Elimination Day Proclamation - Bilingual (Niagara Falls - 2023).docx Can Hep Day - May 11, 2023 Poster World Hepatitis Day - July 28, 2023 Poster 275 - 280 10.7. Proclamation Request - 2023 The Longest Day of SMILES Operations Smile Canada is requesting the Niagara Falls City Council to proclaim Sunday, June 18th, 2023 as "The Longest Day of SMILES" in Niagara Falls. Proclamation Request Letter_Mayor Jim Diodati Niagara Falls ON - 2023 The Longest Day of SMILES Longest Day of SMILES - Proclamation Sample English-French 281 - 283 10.8. National Deafblind Awareness Month - June 2023 - Request for City to show support June is National Deafblind Awareness Month. CNIB's Deafblind Community Services is requesting the City to allow them to "yarn- bomb" City Hall, by wrapping some trees in knitted and crocheted squares for the month of June to show support to this community. (Pictures of displays in Hamilton are attached from last year). 284 - 286 Page 7 of 418 Deafblind Awareness Month -Yarnbombing 10.9. Memo from Planning Regarding: PLC-2023-001, Request for Removal of Part Lot Control Block 98, Registered Plan 59M-484, 7458, 7462, 7466, 7470 Jonathan Drive Memo to Council - PLC-2023-001 - - Jonathan Drive, Block 98 Item #10 - - Comments from resident 287 - 289 10.10. Proclamation and Flag-lowering Request - National Day of Mourning The Niagara Regional Labour Council are requesting that City Council approve a proclamation with respect to the "National Day of Mourning" and that all flags be flown at half-mast at City Hall on Friday, April 28, 2023. Proclamation Request - National Day of Mourning Proclamation - Email request - National Day of Mourning 290 - 292 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.6. 11.1. Memo to Council - Regional Water and Wastewater Infrastructure Condition Concerns Attached is a memo from Erik Nickel, General Manager of Municipal Works, in regards to the direction given to staff at the February 28, 2023 Council meeting. Memo re - Regional Water-Wastewater Concerns 293 - 299 11.2. Correspondence from resident, Brian Abfal - Municipal Election - Candidate Campaigns Resident wishes to address Council with a few concerns regarding candidates' campaigns during the municipal election. Email from Brian Abfal 300 11.3. Niagara Region Correspondence 301 - 343 Page 8 of 418 Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report - PDS 7-2023 - Niagara Falls 2018 Waterfront Investment Program Grant Extension 2. Niagara Region Report - WMPSC-C 5-2023 - Illegal Dumping 2022 Year End Summary and Updates 3. Regional Report#: PDS 6-2023 - 2022 Niagara Region Employment Inventory Results CLK-C 2023-035 PDS 7-2023 - Niagara Falls 2018 Waterfront Investment Program Grant Extension CLK-C 2023-033 WMPSC-C 5-2023 - Illegal Dumping 2022 Year End Summary and Updates CLK-C 2023-036 PDS 6-2023 - 2022 Niagara Region Employment Inventory Results 11.4. Memo - 2023 Niagara Falls Canada Day Celebrations Attached is a memo regarding the City of Niagara Falls Canada Day Celebrations for 2023. Memo - 2023 Niagara Falls Canada Day Celebrations 344 11.5. Correspondence from Steven Soos - Social Issues Effecting Niagara Falls Steven Soos is asking Council to consider the attached proposed resolution. Email from Steven Soos Social Issues Effecting Niagara Falls #11 - Comments from resident 345 - 353 11.6. Correspondence from resident Comments from resident 354 - 365 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Association of Ontario Road Supervisors 366 - 369 Page 9 of 418 Attached is correspondence from the Association of Ontario Road Supervisors regarding the announcement of a proposed fee by Enbridge Gas. Recommendation: That Council support the Association of Ontario Road Supervisors (AORS) motion by passing the template motion thus informing Enbridge Gas and other Provincial policymakers of the City's objection during their time of industry consultation. Letter to Heads of Council - Enbridge Gas, Mar 24 2023 Enbridge Motion Memo re Enbridge Gas locate fee 12.2. Noise By-law Exemption - Wedding - Sunday, August 6, 2023 Resident, Luka Vujic, is requesting a noise by-law exemption on Sunday, August 6, 2023 to allow for outdoor music from 5:00 PM to 1:00 AM at 7068 Coach Drive for an outdoor wedding (approximate number of guests: 40). Recommendation: That Council approve the extension of the Noise By-law on Sunday, August 6, 2023 to allow for outdoor music from 5:00 PM to 1:00 AM at 7068 Coach Drive for an outdoor wedding. Noise By-law Exemption - Sunday, August 6th - Outdoor wedding 370 - 371 12.3. Noise By-law Exemption - Chippawa Slo-Pitch Tournament and Street Dance - 2023 The Chippawa Volunteer Firefighter's Association (CVFA) will be hosting the Annual SPN Slo-Pitch Tournament and Street Dance. As part of the event, the CVFA has hired a number of bands to play at the street dance. The CVFA is requesting Council to approve an extension of the Noise By-law to 11:30 pm for this event on Saturday, July 15, 2023. Recommendation: That Council approve an extension of the Noise By-law to 11:30 PM for the Annual SPN Slo-Pitch Tournament and Street Dance to be held on Saturday , July 15, 2023. Noise by-law Extension - Chippawa Slo-Pitch Tournament - 2023 Map Lions Park July 2019 372 - 373 Page 10 of 418 12.4. Noise By-law extension for Niagara Falls Exchange & Niagara Falls History Museum Attached is a memo requesting Council to approve a noise by- law extension for the Niagara Falls Exchange and the Niagara Falls History Museum. Recommendation: That Council approve the amendment to Schedule 4 in By-law No. 2004-105 as amended by: By-laws 2005-73, 2007-28 and 2014-155 to extend the Noise By-law to 11:00 pm on Thursdays, Fridays and Saturdays at 5810 Ferry Street and 5943 Sylvia Place both known as Niagara Falls History Museum and Niagara Falls Exchange. Memo - Noise By-law extension for Museum and Exchange #12.1 - 12.4 - Comments from resident 374 - 376 13. RATIFICATION OF IN-CAMERA 14. 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. 15. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 030. A by-law to amend By-law No. 2021-24, being a by-law to prohibit or regulate the placing or erecting of signs, notices and advertising devices on public and private property within the City of Niagara Falls. (SBA-2022-001) By-law 2023-030 - SBA-2022-001 Electronic Sign 5034 Victoria Ave 377 2023- 031. A by-law to designate Block 98, Registered Plan 59M-484, not to be part-lot control (PLC-2023-001). By-law 2023-031 - PLC-2023-001 - Jonathan Drive, Block 98 378 Page 11 of 418 2023- 032. A by-law to amend By-law No. 79-200, to permit the use of the lands for a Vacation Rental Unit (AM-2022-019). By-law 2023-032 - AM-2022-019 - 5073 Kitchener Street 379 - 381 2023- 033. A by-law to establish an Honourary Street Name Policy to provide an alternative means to recognize prominent people within the City of Niagara Falls. By-law 2023-033 - Honourary Street Name Policy 382 - 386 2023- 034. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) By-law 2023-034 - Apr 18 Bylaw - Garner Place Stop Signs 387 2023- 035. A by-law to declare PIN 64263-0052 (LT), Part Unopened Road Allowance between Township Lot 206 & 207, Stamford, Part 8, 59R-4705, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. By-law 2023-035 - Declare Surplus 388 2023- 036. A by-law to permanently close part of a highway. By-law 2023-036 - Permanently Close Unopened Road Allowance 389 2023- 037. A by-law to provide for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan and to repeal By-law 2023- 023. By-law 2023-037 - OPA No. 147 390 - 414 2023- 038. A by-law to amend By-law 2004-105, being a by-law to prohibit and regulate noise in the City of Niagara Falls. By-law 2023-038 - Noise By-law Amendment 415 - 416 2023- 039. A by-law to amend the by-law to provide for citizen appointments to certain Committees, Boards and Commissions. By-law 2023-039 - Citizen Appointments By-law 417 Page 12 of 418 2023- 040. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18th day of April, 2023. By-law 2023-040 - 04 18 23 Confirming By-law 418 16. ADJOURNMENT Page 13 of 418 The City of Niagara Falls, Ontario Resolution April 18, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on April 18, 2023, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (c) a proposed or pending acquisition or disposition of land by the municipality (i) financial or labour relations information, supplied in confidence to the municipality, which if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the organization. THEREFORE BE IT RESOLVED that on April 18, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under sectio n 239 (2) (c) to discuss a proposed or pending acquisition or disposition of land for any potential surplus City owned properties; As well as matters that fall under section 239 (2) (i) to discuss financial or labour relations information, supplied in confidence to the municipality, which if disclosed, could reasonably be expected to prejudice significantly the completive position or interfere significantly with the contractual or other negotiations of the organization as it pertains to a collective bargaining update. AND The Seal of the Corporation be hereto affixed. Carried Unanimously WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 14 of 418 MINUTES City Council Meeting 4:00 PM - Tuesday, March 21, 2023 Committee Room 1 The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March 21, 2023, at 4:21 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson STAFF PRESENT: Jason Burgess, Bill Matson, Shelley Darlington, Dale Morton, Serge Felicetti, Jo Zambito, Tiffany Clark, Erik Nickel, Nidhi Punyarthi, Kathy Moldenhauer, Kira Dolch (present in Chambers) Trent Dark (present via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:21 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In-Camera Moved by Councillor Mona Patel Seconded by Councillor Mike Strange That Council enter into an In-Camera session. Carried Unanimously 3. ADOPTION OF MINUTES 3.1. Council Minutes of February 28, 2023 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the minutes of the February 28, 2023 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to Item #8.4 - OPA #147 - but only to the portion of Bridge Street and Victoria Avenue, as the Councillor lives close to the area. Page 1 of 16 Page 15 of 418 b) Councillor Ruth-Ann Nieuwesteeg declared a conflict of interest to Item #8.9 - F-2023-11 - Water/Wastewater Policy Amendments, as the Councillor has a tenant in the area. Councillor Nieuwesteeg also declared a conflict of interest to Item #9.1 - L-2023-06 - as this matter deals with Chippawa Creek Road and the Councillor owns property in the vicinity on Chippawa Creek Road. c) Councillor Wayne Campbell declared a conflict of interest to Item #8.9 - F- 2023-11 - Water/Wastewater Policy Amendments, as the Councillor has a rental unit in this area. d) Councillor Victor Pietrangelo declared a conflict of interest to the following items due to the Councillor's family owning lands that can be affected: • Item #8.3 - MW-2023-08 - Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements • By-law No. 2023-24 - Biggar Road expansion • Item #11.4 - Under Communications - Niagara Official Plan: Settlement Area Boundary Expansions - Letter of opposition • Item #8.4 - PBD-2023-15 - OPA#147 Councillor Pietrangelo also declared a conflict of interest to Item #8.9 - F-2023- 11 - Water/Wastewater Policy Amendments - as the Councillor owns property that has a tenant. e) Councillor Wayne Thomson declared a conflict of interest to Item #14.1 - Notice of Motion - Victoria Centre BIA - One Way Traffic Issue. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Iona Morocco, mother of retired employee John Morocco and mother-in- law to Regional Councillor Joyce Morocco. • Benjamin Flagg, father of Reverend Isaac Flagg, our Niagara Falls Fire Department Chaplain. b) Mayor Diodati made the following announcements: Brunch, Bid & Bowl in Support of Women’s Place [photo shown] •Also attended by Councillors Victor Pietrangelo, Mike Strange, Mona Patel and Ruth-Ann Nieuwesteeg Spark Demo Day [photo shown] •Also attended by Councillor Patel Holi at Mandir Festival [photo shown] •Also attended by Councillors Nieuwesteeg and Patel Flag Raisings [photo shown] •National Day of Bulgaria—attended by Councillor Baldinelli and Councillor Patel c) Mayor Diodati wished all a Happy Easter, which is upcoming on Monday, April 10th. Page 2 of 16 Page 16 of 418 d) The next Council meeting is scheduled for Tuesday, April 18, 2023. 6. DEPUTATIONS / PRESENTATIONS 6.1. Concerns from Resident (See note below) Resident Brian Medigee wishes to address Council regarding a few of his concerns, including: 1. Affordable housing to help with the homeless. 2. Create full time jobs not tourism full time jobs. 3. Revamping of the BIA or getting rid of it. 4. Be a good neighbor. 5. Crime 6. Speed changes for school areas Resident informed Clerk's staff prior to meeting that he was unable to attend. He will contact staff in the future to request a meeting to address Council with his concerns. 6.2. Resident, David Rupay - Walker Brothers Quarry Expansion David Rupay addressed concerns, regarding the Walker Bros. quarry expansion. Further details in attached email. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council supports the deferral of the requirement to submit comments and questions by April 3, 2023 to the Aggregates Resources Act (ARA) by three (3) months until July 3, 2023 and to advise the Ministry of Natural Resources and Forestry, Integrated Aggregate Operations Systems of such motion. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD-2023-18 AM-2022-018, Zoning By-law Amendment 5687 Ferry Street & 5660 Spring Street Proposal: 8 storey mixed-use building with 77 residential units and 3 commercial units Applicant: Niagara Midtown Bowling Ltd. (Rocco & Kim Oliverio) Agent: DeFilippis Designs (Nick DeFilippis) Alexa Cooper, Planner 2, provided an overview of the report PBD-2023-18. Christine Burke, of 5761 Spring Street, spoke in opposition of the application, citing concerns regarding the height of the building (blocking the sun, blocking view of fireworks), mess and noise of the construction, parking concerns with 1 parking spot allocated and traffic delays. Page 3 of 16 Page 17 of 418 Giuseppe Colosimo, acting as applicant, spoke to address the resident's concerns stating that there is a great need for residential units within the city; the construction will be kept to a minimum; shadow studies can be provided to show any possible impact; also have adjusted the setback measurement. The condo is an enhancement to the community and will add value to the adjacent properties. The Public Meeting was closed at 6:15 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. That Council approve the Zoning By-law amendment as detailed in this report to permit an 8 storey mixed-use building with a total of 77 dwelling units and 3 commercial units, subject to the regulations and recommendations outlined in this report; and, 2. That the amending zoning by-law include a Holding (H) provision to require the submission of a revised Functional Servicing Brief and the completion of Third-Party Modelling for sanitary services to the satisfaction of Municipal Works. Carried Unanimously 8. REPORTS 8.1. COMM-2023-03 2022 Sleep Cheap Charities Reap Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Report COMM-2023-03 be received for the information of Council. Carried Unanimously 8.2. F-2023-13 Statement of 2022 Remuneration and Expenses for Members of Council and Commissions Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Report F-2023-13 be received for the information of Municipal Council Carried Unanimously 8.3. Councillor Victor Pietrangelo left Chambers at 6:38 PM as he had declared a conflict to Items #8.3 and #8.4. MW-2023-08 Page 4 of 16 Page 18 of 418 Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell 1. That Council approve a 2023 capital budget amendment of $1,500,000 for the Montrose Road, Biggar Road, Reixinger Road Reconstruction project (MS64-23) to include the completion of a dedicated local sanitary system that will provide servicing for newly identified future growth in the Southwest Niagara Falls Area. 2. That the $1,500,000 capital budget amendment be funded by debenture financing, and development charges where permissible. 3. That the operating budget impacts associated with the additional debenture financing be referred to the 2024 budget process for inclusion in the 2024 utility budget. 4. That Council delegate Staff to further negotiate with the Region of Niagara to finalize the additional scope of the new local 450mm Sanitary Sewer System and to incorporate it as a change work order within the currently awarded Montrose Road/Biggar Road Reconstruction Contract (Region Contract 2021-T-269). 5. That the Mayor and City Clerk be authorized to execute all require documents and amending cost sharing agreement between the City of Niagara Falls and Region of Niagara for the Montrose Road, Biggar Road and Reixinger Road Reconstruction project. Carried (Councillor Lori Lococo was opposed to the vote and Councillor Victor Pietrangelo declared a conflict). 8.4 . PBD-2023-15 Official Plan Amendment No. 147 City initiated amendment to the Official Plan for new Employment Policies Jeffrey Dreben, from Better Neighbourhoods Development Consultants, addressed Council , representing owners of 7047 Reixinger Road & 5789 Lyons Creek Road (Via Zoom). Rocky Vacca, from Sullivan Mahoney, addressed Council, speaking on behalf of 800460 Ontario Ltd. (in person in Chambers). A recorded vote was requested by Councillor Mike Strange. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT: Page 5 of 16 Page 19 of 418 1. Council receive the recommendations from Staff regarding adopt Official Plan Amendment No. 147 to implement new Employment policies and site specific conversions; 2. Council adopt Official Plan Amendment No. 147 save and except the map changes applicable to the parcel of land located at the northwest corner of Stanley Avenue and Lyons Creek Road with the municipal address: 9015 Stanley Avenue, described in Section 1 a) ii) of the Official Plan Amendment and shown on Map 1 to Amendment No, 147, to implement new Employment policies and site specific conversions and; 3. Official Plan Amendment No. 147, as amended, be forwarded to the Region for approval, and, 4. That Council direct Staff to take the necessary steps to implement the decision of Niagara Region related to Official Plan Amendment No. 147, and; 5. The implementing zoning by-law amendments be forwarded to Council for adoption upon receiving Regional approval for Official Plan Amendment No. 147. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Tony Bald inelli, Councillor Mona Patel, and Councillor Ruth-Ann Nieuwesteeg Nays: Councillor Lori Lococo Carried (Councillor Pietrangelo declared a conflict and Councillor Lococo declared a conflict only to the portion of Bridge Street and Victoria Avenue; Councillor Lococo was opposed to vote). 7-1 on a recorded vote 14.1. Item #14.1 was moved up in the agenda and was discussed at 7:45 PM. Notice of Motion - Victoria Centre BIA - One Way Traffic Issue (letter from Sparks Steakhouse added; petition added; letter from Lisa Burland and Joe Leo added; memo from City Clerk added; additional comments from residents added; Fallsview Casino and Hilton correspondence added) Attached is a resolution from Councillor Lococo in regards to the one way traffic on Centre Street in Niagara Falls. Tim Parker, Victoria Centre BIA, addressed Council, supporting the motion. Navin Shahani, Sparks Steakhouse, spoke to Council, to address his concerns with the proposed motion. He has included a letter, of which is attached. Navin spoke of the financial commitment they have made to allow for the patios. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo That Council move into a closed session at 8:16 PM, to get legal advice prior to making a decision on this matter. Carried Unanimously 8.5. Upon resuming of open Council, Councillor Lori Lococo informed the public that based upon the In-Camera discussion, she was removing her Page 6 of 16 Page 20 of 418 notice of motion and acknowledged that a meeting would be arranged with stakeholders to solicit feedback. A future report will come before Council. PBD-2023-16 OPA #155 Official Plan Amendment Delegated Authority Applicant: City of Niagara Falls Initiated Amendment Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo 1. That Council authorize staff to proceed with amendments to the City’s Official Plan to delegate authority to staff for approval of certain development applications and that staff consult with the development industry and the public about the proposed delegated authority; and, 2. That staff bring a future report at a Public Meeting with draft by-laws regarding the delegation of authority back to Council for their consideration. Carried Unanimously 8.6. PBD-2023-17 Revitalization Grant Application under the Historic Drummondville CIP DRU-2022-001, 5528 Ferry Street Applicant: La Pue International Inc. (Pawel Fugiel) Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell That Council direct staff to undertake the following actions to implement the request by La Pue International Inc. to enter into a new phased Revitalization Grant Agreement under the Historic Drummondville CIP: 1. That the Owner satisfies all program requirements including entering into an agreement with the City of Niagara Falls. 2. That Staff be delegated to draft an agreement with the Applicant that is in line with discussions in this report. 3. That the Mayor and Clerk be authorized to sign the agreement. 4. That the current Revitalization Grant Agreement be rescinded and removed from title at the cost of La Pue International Inc. 5. That the revitalization grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP). Carried (Councillor Mona Patel opposed the vote). 8.7. PBD-2023-19 Site Plan Guidelines Update Moved by Councillor Victor Pietrangelo Page 7 of 16 Page 21 of 418 Seconded by Councillor Mike Strange 1. That the attached City of Niagara Falls Site Plan Guidelines document be adopted by council and staff be directed to implement; and 2. That the authority to modify and update the City of Niagara Falls Site Plan Guidelines document be delegated to the General Manager of Planning, Building, & Development. 3. That Council direct staff to update the Site Plan Control By-law (By-law 2011-12). Carried Unanimously 8.8. R&C-2023-04 Jaida Lee Recognition Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson That Council approve the Recreation Committee’s recommendation to install a plaque in recognition of Jaida Lee on the grandstand at Oakes Park; and furthermore, that Council approve the funding to cover Jaida Lee's visit to Niagara Falls to throw the first pitch, including travel, accommodation expenses and attraction passes. Carried Unanimously 8.9. F-2023-11 Water/Wastewater Policy Amendments Councillors Nieuwesteeg, Pietrangelo and Campbell all left Chambers as they declared a conflict of interest to Item #8.9 Tiffany Clark, Director of Finance, provided a presentation. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel 1. THAT Council APPROVE staffs recommended changes to 700.23 Water/Sewer Collection Policy as indicated in attachment 1, to take effect on January 1, 2024, and further that effective January 1, 2024 that Council REPEAL 700.28 Water/Sewer Tenant Accounts Policy, which will no longer be applicable. 2. THAT Council APPROVE staffs recommended changes to 700.24 High Water Consumption Policy as indicated in attachment 2. 3. THAT Council APPROVE staffs recommended changes to 700.27 Water Disconnection and Reconnection Policy as indicated in attachment 3, to take effect on January 1, 2024. Carried Unanimously (Councillors Nieuwesteeg, Pietrangelo and Campbell declared a conflict of interest). Page 8 of 16 Page 22 of 418 8.10. CLK-2023-03 Fee Waiver Applications- March 2023 Submissions - 44th Annual Women's Place Book Riot - Stamford Centre Volunteer Firemen's Association - Respective Park Events (Summer 2023) - Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - Niagara Irish Festival - Heart Niagara - Cruising the Q Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council consider approving, approving in part or denying the Fee Waiver Applications submitted from January 2023 - March 2023, listed as follows: 1. The 44th Annual Women's Place Book Riot - in the amount of $6,154.50 for the waiving of the costs associated with the facility rental at the Gale Centre. 2. Stamford Centre Volunteer Firemen's Association - in the amount of $630.00 for the waiving of the cost for 3 business licence fees for 3 motorized food trucks for the summer months of 2023 at Firemen's Park. 3. Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - in the amount of $325.00 for the waiving of the "licence to operate" fee. 4. Niagara Irish Festival - in the amount of $1,680.00 for the waiving of the cost for 8 business licence fees for 8 motorized food trucks for the event on August 25, 2023. 5. Heart Niagara - Cruising the Q - in the amount of $7,404.00 for the waiving of the costs associated with the closing of the streets, special events permit fees and parking fees. Carried Unanimously (Councillor Campbell was absent for vote). 9. CONSENT AGENDA 9.1. L-2023-06 Permanently Close and Declare Surplus of Lands Unopened Road Allowance, RR63 - Chippawa Creek Road Our File No. 2023-39 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg Page 9 of 16 Page 23 of 418 1. In the event that Council determines that it is in the public interest to do so, that the portion of the unopened road allowance between Garner Road and Heartland Forest Road, north of Chippawa Creek Road, (the "Subject Lands"), as shown in yellow on the maps attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council accept the offer from The Regional Municipality of Niagara (the "Region") to purchase the Subject Lands described and shown on Schedule “A” to this Report, for nominal consideration on the condition that, in the event the Region cancels the project or if the Subject Lands are declared surplus to the Region's needs, the Region would re -convey the Subject Lands to the City for nominal consideration. 3. That the City Solicitor and Chief Administrative Officer, or their designate, are authorized to execute all documentation and take whatever steps necessary to carry out Recommendations 1 and 2. Carried Unanimously (Councillor Ruth-Ann Nieuwesteeg declared a conflict). 9.2. MW-2023-07 Drinking Water System Summary Report and Overview Councillor Lori Lococo requested to lift Item #9.2 to discuss further. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That this report be received and filed. 2. That the current version (version 7) of the City of Niagara Falls Distribution System Operational Plan be endorsed. Carried Unanimously 9.3. R&C-2023-02 2022 Annual Update from the Public Art Advisory Task Force Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Report R&C-2023-02 be received for the information of Council. Carried Unanimously 9.4. R&C-2023-03 2022 Annual Update from the Culture Section Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council receive report R&C 2023-03 for information. Carried Unanimously Page 10 of 16 Page 24 of 418 Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo That a recommendation be made for Council to participate in the optional online "Standard of Care, Safe Drinking Water" course, for information purposes. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag-Raising Request - Children's Mental Health Awareness Week This year, Children's Mental Health Awareness Week will run from May 1 - 7, 2023. Pathstone Mental Health is requesting the City of Niagara Falls to support the celebration of the week and to bring awareness to children's mental health, especially with their post-pandemic struggles, by raising the CMHAW Flag for that week. Recommendation: For the approval of Council. 10.2. Flag-Raising Request - Niagara Pride Week - Pride Niagara Festival 2023 Pride Niagara requests a flag-raising ceremony on Monday, May 29, 2023 to support and acknowledge Niagara Pride Week and as part of this year's Pride Niagara Festival 2023 and to have the flag flown for the week (Saturday, May 27th - Sunday, June 4th, 2023). 10.3. Flag-Raising Request - Filipino Independence Day The Filipino Canadian Association of Niagara is requesting the City of Niagara Falls Council to approve a flag-raising ceremony on Thursday, June 8, 2023 or Friday, June 9, 2023 to commemorate Independence Day. 10.4. Proclamation Request - Apraxia Awareness Day Attached is a request for Niagara Falls City Council to proclaim Sunday, May 14, 2023 as "Apraxia Awareness Day." Childhood Apraxia of Speech is a very misunderstood and very challenging speech disorder. 10.5. Noise By-law Exemption and Vendor Licence Fee Exemption - Irish Music Festival - August 25, 26, 2023 The Irish Music Festival will be held this summer at Firemen's Park, 2275 Dorchester Road on Friday, August 26th and Saturday, August 26th, 2023. Irish Music Niagara is requesting a noise-by-law exemption to allow the live bands to play until 11:00 PM both nights (25th, 26th). In addition, they are expecting 6-10 food trucks and as such, they are also requesting the waiving of the licensing fees related to such vendors to help them in staging the event. Recommendations: 1. That Council consider granting a Noise By-law Exception until 11:00pm for the playing of music at the Irish Music Festival, taking place at Fireman’s Park on August 25th and 26th, 2023. 2. That any request for fee waivers for business lincensing be referred to the City’s Fee Waiver application process. Page 11 of 16 Page 25 of 418 10.6. Noise By-law Exemption - St. George Serbian Orthodox Church St. George Serbian Orthodox Church is planning several events for 2023 and are requesting an exemption to the City's Noise by-law until 12 midnight on the following dates: • Folklore Concert – June 10, 2023 Serbian Day – June 24 & 25, 2023 Kordun Slava – July 29, 2023 Folklore Slava – September 2, 2023 Recommendation: That Council consider granting the Noise By-law Exemptions until 12 midnight for the playing of music at the Serbian Orthodox Church at 6085 Montrose Road. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council approve Item #10.1 through to and including Item #10.6. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Municipality of Trent Lakes - Oath of Office The attached resolution is from the Municipality of Trent Lakes regarding the Oath of Office. 11.2. Updates to the Municipal Environmental Assessment The Ministry of the Environment, Conservation and Parks is informing Council that the Municipal Class Environmental Assessment (EA) has been amended as part of the ministry's work on EA modernization. The attached letter has more information. 11.3. Communities in Bloom 2023 The Chair of Communities in Bloom Ontario, is inviting the City of Niagara Falls to participate in the 2023 Ontario Provincial Edition of Communities in Bloom. Details regarding workshop sessions attached for further information. 11.4. Niagara Official Plan: Settlement Area Boundary Expansions - Letter of opposition The attached letter was addressed to the Mayor, Members of Council and to the Niagara Region Planning Staff. 11.5. Correspondence from resident Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel That Council receive and file for information Item #11.1 through to and including Item #11.5. Page 12 of 16 Page 26 of 418 Carried Unanimously (Councillor Pietrangelo declared a conflict to Item #11.4). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Appointments to Niagara District Airport Commission The City received 11 applications from Niagara Falls' residents to sit on the Niagara District Airport Commission for the current term of Council. The attached memo and report provides further informatio n. Recommendation: That Council appoint Ann Marie Nitsopolous and John Ventresca to act as Commissioners on the Niagara District Airport Commission for the next four-year term beginning in 2023, ending in 2026. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council appoint Ann Marie Nitsopolous and John Ventresca to act as Commissioners on the Niagara District Airport Commission for the next four - year term beginning in 2023, ending in 2026. Carried Unanimously 12.2. Petition - Sidewalk Ploughing on Riall Street Attached is a memo, which includes a petition from residents on Riall Street in Niagara Falls, requesting the City to discontinue ploughing the sidewalks in front of their homes. Recommendation: That Council receive the attached petition regarding sidewalk snow ploughing and direct staff to report back on the feasibility of the request. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council receive the attached petition regarding sidewalk snow ploughing and direct staff to report back on the feasibility of the request. Carried Unanimously 12.3. Niagara Falls Downtown Board of Management - Board composition and request for approval. Attached is communication from the Downtown BIA requesting approval from Council of the composition of the Board. Recommendation: For Council's Consideration. Moved by Councillor Wayne Campbell Seconded by Councillor Lori Lococo That Council defer this matter. Carried Unanimously Page 13 of 16 Page 27 of 418 13. RATIFICATION OF IN-CAMERA Council resumed the closed In-Camera session at 9:24 PM. a) Ratification of In-Camera Moved by Councillor Mona Patel Seconded by Councillor Wayne Campbell 1) That the CAO, the General Manager of Planning, Building and Development, and the City Solicitor be provided the delegated authority to conclude the Terms of Settlement with regard to the OLT matter OLT-22- 004465 as directed In Camera. 2) THAT the City of Niagara Falls repeal bylaw 98-247, being a bylaw to establish the Downtown Niagara Falls Business Improvement Board of Management (the Downtown BIA) and assume all of the assets and liabilities of the Downtown BIA; AND THAT the City of Niagara Falls continue to charge a tax levy to address any excess in the liabilities of the Downtown BIA beyond its assets until such time as that excess has been satisfied; AND 3) THAT Council directs City staff to take all step necessary to secure the assets and records of the Downtown BIA as may be recommended by the CAO of the City; AND THAT staff come back with options on reformation of the BIA after consultation with the members of the BIA and the public, within two years; AND THAT Council authorizes this direction effective immediately. 4) That the report on Surplus City Buildings be deferred to the next meeting of Council. 5) That there be direction to staff regarding the collective bargaining process. 6) That Council provide direction to staff to have the Committee Appointment By-law amended for the next Council meeting for the Recreation Committee to suspend Rob Desson until further notice; AND THAT Council re-vote on the appointment of 1 additional individual for the Anti-Racism Committee; AND THAT the results of this vote be reflected in an amendment to the Committee Appointment Bylaw at the next meeting of Council. Carried (Councillor Lococo voted in favour for all but the repealing of by- law 98-247 regarding the Downtown BIA; Councillor Tony Baldinelli was absent from the vote). 14. NOTICE OF MOTION/NEW BUSINESS ***Moved 14.1 up in agenda, after Item #8.4*** a) Functionality of Provincial Highway 405 (General Brock Pkwy) & QEW By way of Council looking for an update regarding the request for a south- oriented ramp at the Highway 405/QEW interchange, the following motion was passed. Page 14 of 16 Page 28 of 418 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council direct staff to send a letter to the Ministry of Transportation to request the Minister to visit on-site to witness traffic concerns pertaining to the pursuit of a fully functional Highway 405/QEW interchange. Carried Unanimously 15. BY-LAWS 2023- 023. A by-law to provide for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan. 2023- 024. A by-law to establish Part 3 on Plan 59R-17440 as a public highway to be known as, and to form part of Biggar Road. 2023- 025. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopp ing Prohibited). 2023- 026. A by-law to declare 4621 St. Clair Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2023- 027. 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. 2023- 028. A by-law to provide for citizen appointments to certain Committees, Boards and Commissions. 2023- 029. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21st day of March, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell That the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Pietrangelo declared a conflict to by- law 2023-024). 16. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Campbell Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council adjourn the meeting at 10:47 PM. Carried Unanimously Page 15 of 16 Page 29 of 418 Mayor City Clerk Page 16 of 16 Page 30 of 418 City of Niagara Falls Niagara Parks Update Presentation by Chair April Jeffs and CEO David Adames Page 31 of 418 NIAGARA PARKS •Niagara Parks Chair, April Jeffs •Niagara Parks CEO, David Adames Your Presenters Page 32 of 418 3 •Founded in 1885 •Operates under the Niagara Parks Act •Two founding principles: •Niagara Parks would never be a burden to the taxpayers of Ontario •Niagara Parks would as much as possible, be free to enjoy Niagara Parks •Board-governed operational enterprise under the Ministry of Tourism, Culture and Sport •12 Member Board: Chair: April Jeffs; Vice-Chair Bart Maves, City of Niagara Falls is represented by Mayor Diodati •Mandate:To be the environmental and cultural stewards of the Niagara River Corridor •Vision:To be one of the most spectacular parks in the worldPage 33 of 418 NIAGARA PARKS Operations and Funding •One of the region’s largest employers; 1,500 headcount in peak season; $50 million payroll. •Niagara Parks is reliant on its revenue-producing operations in order to cover its expenses and fund its cultural and environmental stewardship initiatives. •Niagara Parks maintains property and operations spanning the 56kms along the Niagara River from Fort Erie to Niagara-on-the- Lake.Page 34 of 418 NIAGARA PARKS Stewards of the Niagara River Corridor •Niagara Parks is a key demand generator, driving visitation and tourism impacts to Niagara and Ontario. •Operates its own revenue-producing products, services and experiences (including six attractions, five full-service restaurants, eight quick-service food outlets, eight retail outlets, four heritage sites, two golf courses, and numerous parking and transportation services) and is landlord to third-party partners (Niagara City Cruises, WildPlay Niagara Falls). •Responsible for maintaining 56km Parkway and 53km recreation trail, numerous parks and gardens, as well as natural areas (Niagara Falls, Niagara Gorge, Niagara Glen, Escarpment, Dufferin Islands, Niagara River Shoreline, species at risk). •Breadth of services include Niagara Parks Police Service, School of Horticulture.Page 35 of 418 NIAGARA PARKS 6Page 36 of 418 NIAGARA PARKS •After being heavily impacted by COVID-19, Niagara Parks placed a renewed focus on promoting its highest revenue-producing operations –attractions. •Revenue generation surpassed budget projections this past year, allowing for spillover benefits to our retail stores, restaurants and parking operations. •The domestic market is expected be fully recovered by 2023 with US recovery anticipated by 2024 and other international markets by 2025-26. •Despite the return of these markets, there are still economic restraints that will continue to impact travel spending and the full recovery of the local tourism industry. •It is more important than ever to work collaboratively to promote and support tourism in Niagara. Post-Pandemic Tourism Climate Page 37 of 418 8 •Niagara Parks is deeply invested in the development and recovery of Niagara’s tourism industry. •Works closely with Niagara Falls Tourism; Tourism Partnership of Niagara; local BIAs; Niagara Falls Hotel Association. •Works closely with Destination Ontario and Destination Canada. •Introduced a brand-new visitor experience and demand-generator for the destination with the Niagara Parks Power Station + Tunnel. •Top tourism website and social media channels in the destination. •Current Request for Proposals for the redevelopment of two remaining historic power plants on Niagara Parks land: Toronto Power and Ontario Power Generating Station. •Partnership with City of Niagara Falls, Tourism Partnership of Niagara, Niagara Falls Tourism and Metrolinx to market GO Train service to Niagara. Tourism Development Page 38 of 418 9 •$22 million two-phase redevelopment project to upgrade flagship location at the brink of the Falls – Table Rock Centre. •Brand-new retail store Table Rock Shop and fully renovated Table Rock House Restaurant in 2019. •Renovations to main level concourse area including entrance to Journey Behind the Falls and all-new Table Rock Market in 2020. Launching this summer: Journey Behind the Falls Refresh •Updates to the queuing areas within the Journey Behind the Falls attraction to improve the visitor experience. •Expand opportunities for visual and digital storytelling. What’s New at Niagara Parks Page 39 of 418 10 •Opened to the public in July 2021 for daytime tours of the Generator Hall. •Immersive sight and sound night experience, Currents: Niagara’s Power Transformed opened in September of 2021. •The Tunnel attraction opened in July 2022 adding another exciting visitor experience to this multi-faceted attraction. •The Niagara Parks Power Station has been featured in stories across all major Canadian broadcast news channels and US networks, in addition to coverage in dozens of other top outlets including CNN Travel, Washington Post, National Post, BBC World News and Forbes. •CNN’s Chief Travel Editor confirmed that the Tunnel story was their best performing and most viral travel story of 2022. •In 2022, Niagara Parks was awarded the Lieutenant-Governor’s Awards of Excellence in Conservation for the preservation of the Station. •In 2023, the Niagara Parks Power Station was awarded the Grand Prize for design excellence in the category of interior public spaces at the Niagara Biennial Design Awards. Niagara Parks Power Station + Tunnel Page 40 of 418 11NIAGARA PARKS Media Impact for the Niagara Parks Power Station + Tunnel Page 41 of 418 12NIAGARA PARKS •Three championship golf courses; Legends Golf Academy with TaylorMade Niagara Performance Centre. •All-Access and Stay & Play Golf Packages with accommodation partners. •Hosted Canada Summer Games golf events at Legends and closing ceremonies in Queen Victoria Park. •Hosts Enbridge Ride to Conquer Cancer; Annual Barrelman Triathlon; Niagara Falls Marathon. •Promotional partnership with Niagara River Lions. •Sponsor of upcoming Pinty’s Grand Slam of Curling 2023 HearingLife Tour Challenge. Sport Tourism Page 42 of 418 NIAGARA PARKS •Full-service, Feast ON certified restaurants along the Niagara Parkway •Recognizes businesses committed to sourcing and celebrating Ontario grown food and drink •Table Rock House Restaurant •Queen Victoria Place Restaurant •Queenston Heights Restaurant •Legends on the Niagara Clubhouse •Celebrating the region’s unique flavours and culinary identity by incorporating as many locally sourced menu items as possible. •Supporting our local economy and local farms, purveyors, wineries, breweries, distillers etc. Niagara Parks Culinary Page 43 of 418 14 •Environmental Stewardship Action Plan 2020-2030 •Coastal Wetland Restoration Project •Chippawa Grassland Bird Habitat Project •Gonder’s Flats Restoration •Urban Forestry Management Strategy •Ex: Paradise Grove Forest Management •Annual Prescribed Burn Program •Invasive Species Management Strategy •Ex: Gypsy moth mitigation •Pollinator Garden Route •Improvements to Niagara River Recreation Trail •Dufferin Islands Visitor Experience and Ecological Enhancement Initiative Environmental Stewardship Page 44 of 418 NIAGARA PARKS •The Niagara Parks Foundation was relaunched in the spring of 2022. •A registered charity governed by a Board of Governors established to support and advance the environmental and cultural stewardship initiatives of Niagara Parks. 2022 Highlights •$10,000 donation made by Miller Waste Systems allowed 150 new trees to be planted at Paradise Grove, comprised of oak, maple and sassafras to ensure a diversity of tree species. •$400,000 investment from TD Bank to support stewardship work at Dufferin Islands. Launch of Niagara Parks Foundation “A caring commitment to priceless parklands” Page 45 of 418 NIAGARA PARKS •$40 annual parking pass geared toward local residents and frequent visitors (1400 passes sold since March 10). •Public Ceremony in Queen Victoria Park to honour the Queen’s Platinum Jubilee. •Hosted 10th anniversary of Nik Wallenda tight-rope walk. •Partner and host of annual Winter Festival of Lights. •‘Cool as Ice’ Ice Wine Gala at the Niagara Parks Power Station. •Annual Falls Fireworks Series (stakeholder and host site). •Host of Niagara Falls Rotary’s annual Ribfest at Rapidsview Park. Community Connections Page 46 of 418 NIAGARA PARKS Explore the Niagara •Collaboration between destination stakeholders to position and promote guest experiences along the Niagara River corridor including the Town of Fort Erie, City of Niagara Falls, Niagara-on-the-Lake, Parks Canada and others. •Increase awareness of the themes and experiences that exist along the corridor and generate visitation to the region. •Themes and experiences include Black History, Indigenous History, nation-building, sightseeing, golf, attractions, nature activities, hydro power generation and more. •Explore the Niagara will showcase unique trip itineraries that can only be experienced here in Niagara.Page 47 of 418 18 •Redevelopment of Power Stations (RFP closing May 16) •WEGO Bus Service –Connectivity Study •New Chefs at Table Rock House Restaurant and Queen Victoria Place Restaurant, new menus to be launched this spring •Table Rock Centre •$22 million investment, showcase renovations that were completed in 2020 •Table Rock House Restaurant & Table Rock Shop (2019); Table Rock Market & Journey Concourse (2020); Journey Behind the Falls Refresh (2023) •New sponsored exhibit at the Niagara Parks Power Station (to be unveiled this summer) •Dufferin Islands Visitor Experience and Ecological Enhancement Initiative •$400,000 in funding over three years through the Niagara Parks Foundation from TD Bank Group Key Projects Page 48 of 418 NIAGARA PARKS •Events and programming for Truth and Reconciliation Day •Refresh of Queen Victoria Place Café and Garden Café at the Botanical Gardens •Refurbishment of Whirlpool Aero Car attraction •Heritage Assessments of Oak Hall and Queen Victoria Place to inform future planning •Proactive dead tree removal and planting of new diverse species at woodlot near Service Road 30 •Tree planting at White Water Walk •Launch of Sonic Tour and New Indigenous native garden at the Niagara Glen Key Projects (continued)Page 49 of 418 20 Questions and Comments Thank you for your time today. We welcome any questions and or comments about today’s presentation!Page 50 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re Niagara Parks Commission 6.1 Niagara Parks Commission These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #6.1. I have a question and suggestion. In a prior council meeting city staff had suggested that the routes of the Canada Day and Santa Clause parades might be altered in the future. The Downtown BIA was involved in organizing them through the Downtown area, now that the Downtown BIA has been disbanded by Council, would the Niagara Parks Commission consider hosting those parades. I have seen old videos of the Blossom parade along river road and think any parade hosted by the Niagara Parks Commission could be an international publicity event. If the slope of Clifton Hill can be traversed safely I would love to see the route somehow travel down the hill to the falls. I really think Niagara Falls should have an event worthy of being broadcasted internationally and suspect this type of event at that location is the only possibility of that happening. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 51 of 418 2 Page 52 of 418 1 Heather Ruzylo Subject:RE: [EXTERNAL]-MOOSE HIDE CAMPAIGN From: Jane Taber < Sent: Sunday, March 26, 2023 6:44 AM To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: [EXTERNAL]-MOOSE HIDE CAMPAIGN Hello Mr. Matson and Ms. Ruzylo. It was lovely of the Mayor to put me in touch with you. As noted, we are helping the Moose Hide Campaign with raising awareness around issues of reconciliation and violence against women and girls. The co-founders of the Campaign, Raven Lacerte, and her sister, Sage, are terrific speakers and have a moving, and equally inspiring, back story as to how they created this initiative. They would love it if they could speak to your staff or council so that more people will become involved in the Campaign. They offer workshops and strategies about education around this pattern of violence. Every year – this is their 12th year – they hold a day of ceremony and education around gender-based violence, reconciliation etc. This year it is on May 11. Thank you for considering this!! Jane Jane Taber Vice President Public Affairs Follow us: From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: March 24, 2023 6:50 PM To: Jane Taber < Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Heather Phillips <hphillips@niagarafalls.ca>; Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: RE: [EXTERNAL]-HELLO - AND MOOSE HIDE CAMPAIGN Page 53 of 418 2 Hello Jane! Very happy to help out again this year. Heather Phillips and Tatjana in my office will schedule some time for the video. As for a presentation to City Council, that will have to come through our City Clerk’s office. I have put you in touch, here, with Heather Ruzylo (another Heather) as well as Bill Matson, our City Clerk to help facilitate your request. Kind regards, 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: Jane Taber < Sent: Thursday, March 23, 2023 12:06 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: [EXTERNAL]-HELLO - AND MOOSE HIDE CAMPAIGN Page 54 of 418 3 Hello. I had written Tatjana earlier about the Moose Hide Campaign. Jane Taber here. I am the person who is working with the Moose Hide Campaign – the grassroots, Indigenous-led, reconciliation organization – that you and Mayor Diodati helped out last year with the video challenge. We are hoping to do the same again this year and we want Mayor Diodati to be part of it again. It was such a success – and you and your Mayor and team were such a big part of it!!! Would you consider helping out with a short video supporting the Campaign - and of course, Campaign Day, which is on May 11 - this year? I can write a script for the video. I was wondering, too, if there is an opportunity for the Moose Hide Campaigners – Raven and Sage Lacerte, the young Indigenous women from B.C. who started the Campaign, to speak to your city employees or to City Council? They have a short but very impactful presentation as to how Canadians can get involved to stop gender-based violence and also how to participate in the Moose Hide Campaign as part of reconciliation. We have a lot planned for this year – a celebration on Parliament Hill and in the Newfoundland and Labrador legislature – some strong keynote speakers for the Campaign Day and building more and more awareness for this worthy cause. We would really love it if you could be part of our plans!!!!!! Thanks for considering this. Jane Jane Taber Vice President Public Affairs Follow us: Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast Page 55 of 418 4 integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 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. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 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 56 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re Moose Hide Campaign 6.2 Moose Hide Campaign These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #6.2. Council, I think raising awareness around issues of reconciliation and violence against women and girls is a noble cause and fully support the effort. I hope individually and collectively as our council, you feel the same way. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 57 of 418 1 Heather Ruzylo Subject:Delegation / Appointment to Council Request From: Delegation / Appointment Request <donotreply@niagarafalls.ca> Sent: Tuesday, April 4, 2023 11:08 AM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Delegation / Appointment to Council Request Good News! You just got a new response to 'Delegations or Appointment to Council'! Do you agree to the conditions? Yes Contact Information Name Julio Batres-Gavidia Address Telephone Name, Address and Telephone Number of the person or organization the requester represents (if applicable) AMD for Hope 5906 Sylvia Pl, Niagara Falls, ON L2G 4C1 President: Victoria Biliak Phone: Email Address julio@venturesniagara.com Detailed brief of the topic to be discussed and the request/direction the presenter is seeking from Council. Dear Bill Matson, I am writing to request a delegation from the Ukrainian Community represented by AMD for Hope to pre sent at the next city council meeting. The purpose of this presentation is to express our gratitude to the Niagara Falls community for their outstanding support towards our humanitarian efforts. AMD for Hope, an organization created by Anna Demchynshyn in March 2022, has been working tirelessly to provide humanitarian aid to Ukraine. We have received incredible support from the Niagara community and have shipped a total of 11 shipments of humanitarian supplies to Ukraine to date, including 5 sea container s and more than 484 boxes of medicine by air with a value well over $200,000. Our organization and the efforts of the Niagara community have been featured on various media outlets, Page 58 of 418 2 including newspapers, radio, and television. We are deeply grateful for this support, and we would like to update the city on our future fundraising efforts to continue our support until the war ends and beyond for rebuilding. We would also like to emphasize that we are developing various programs to assist the local community. Furthermore, I would like to highlight the close collaboration between AMD for Hope and the Rotary Clubs in the Niagara region. The Rotary Club of St. Catharines South and the clubs from Rotary District 7090 have awarded Anna with the distinguished Paul Harris award for her community work. On April 19th, AMD for Hope, along with the Rotary Club of St. Catharines South and the clubs from Rotary District 7090, will be hosting a fundraiser event to provide basic needs for seniors in Ukraine. The event will take place at AMD for Hope located at 5906 Sylvia Pl, Niagara Falls, ON L2G 4C1. We would like to extend an invitation to members of the City Council to attend the event and see first-hand the impact our efforts are having on the community. We believe that our presentation will provide valuable insight into the work we have been doing and the impact it has had on the Ukrainian community. We hope that you will consider our request and look forward to hearing from you soon. Thank you for your time and consideration. Sincerely, Julio Batres-Gavidia President, Rotary Club of St. Catharines South Advisor, AMD for Hope Delegation or Appointment? Appointment (7 day advance notice) What date are you requesting to attend the City Council Meeting? 04/18/2023 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 59 of 418 THANK YOU CITIZENS OF NIAGARA FALLS!Page 60 of 418 Victoria Biliak Katz President –AMD for Hope Julio Batres-Gavidia President –Rotary Club of St. Catharines South Presenters Page 61 of 418 Who We Are and What We Do Page 62 of 418 •A grassroots non-for-profit founded in March 2022 by Anna Demchyshyn •AMD is acronym for the names of Anna and her two sons Marko and Danylo and is pronounced Aim for Hope •Created in response to the war in Ukraine to provide humanitarian relief to those most affected by the conflict. •Our focus is on helping the most vulnerable people in Ukraine. Page 63 of 418 •Anna is serving with the Canadian Air Force •Since January 2023 Victoria Biliak Katz has now assumed the role of president •Nadia Mykhailiuk is the Vice President •The organization is made up of many volunteers from various cultural backgrounds and from all over Niagara Page 64 of 418 Our Programs and Initiatives Humanitarian Aid and Local Community Support Page 65 of 418 Humanitarian Aid Providing help to those that need it the mostPage 66 of 418 12 SHIPMENTS TO DATE 5 –SEA CONTAINERS WITH AN AVERAGE VALUE OF $126,000 EACH 7 –AIR SHIPMENTS OF MEDICINE WITH AN AVERAGE VALUE OF $200,000 EACH Page 67 of 418 Page 68 of 418 •We have delivered supplies to over 10 Ukrainian cities including: o Ivano-Frankivsk o Nadvirna (Rehabilitation centre) o Kiyv o Kharkiv o Dnipro o Lviv Page 69 of 418 Page 70 of 418 Page 71 of 418 Page 72 of 418 Local Community Programs Helping those within our community Page 73 of 418 AMD for Hope provides various programs for the local community Social support (people come just to meet each other and talk); Informational support (about resources like finding a job, rent , getting documents); Humanitarian aid (this often includes delivering of goods and moving).Page 74 of 418 Page 75 of 418 •Locally AMD for Hope has helped over 200 families!Page 76 of 418 How do we do it Page 77 of 418 Page 78 of 418 Dr. Ken Taylor -Niagara Chapter Chair Denise Taylor -Co-Ordinator Jane Gordon –Nurse Co-Ordinator Page 79 of 418 Page 80 of 418 Page 81 of 418 Page 82 of 418 Page 83 of 418 Page 84 of 418 Upcoming Events Page 85 of 418 Page 86 of 418 Page 87 of 418 For more information: www.amdforhope.com Page 88 of 418 THANK YOU CITIZENS OF NIAGARA FALLS FOR ALL OF YOUR SUPPORT!Page 89 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re Appointment Request - AMD for Hope 6.3 Appointment Request - AMD for Hope These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #6.3. Council, I am amazed at the global support for Ukraine and glad that Niagara has organizations contributing to that effort. Please support these people and this organization. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 90 of 418 FIR-2023-02 Report Report to: Mayor and Council Date: April 18, 2023 Title: Camp Molly Niagara Recommendation(s) 1.That Council receive and file report FIR-2023-02. Executive Summary Niagara Falls Fire Department (NFFD) cooperatively with all Niagara Regional Fire Services will launch Camp Molly Niagara which will be held in Niagara Falls at the NFFD Station No. 1 Training Centre from May 11-14, 2023. Camp Molly Niagara will be the kick-off camp for 2023 as there are seven Camp Molly’s taking place in Ontario this year between May and October. The other camp locations include Township of Zorra, Quinte, Brant County, Sudbury, Durham and Vaughan. Background Molly Williams, a black slave in New York City, was the first recognized female firefighter on record in North America in 1818. During the blizzard of 1818, the men ended up falling sick to either a cholera outbreak or influenza. Williams took the place on the drag ropes and pulled the pump to the fire through deep snow. The name, Camp Molly, pays tribute to this incredible trailblazer by providing young women in the community a unique opportunity. In 2019, the fire departments of Halton Region hosted the Inaugural Camp Molly, and with the generous support and donations from many charities, clubs and business owners, it was an overwhelming success. With the COVID-19 pandemic behind us, Camp Molly has returned. Analysis Niagara will be hosting a Camp Molly, May 11-14, 2023 which will provide a positive and supportive opportunity for young females aged 15-18 (grades 10-12). The camp will allow the chance for these young women to learn a wide range of skills, known as evolutions, necessary to enter firefighting as a career. This includes firefighter survival, auto extraction, fire dynamics, communications, forcible entry, medical and fire investigations. The last day of camp includes a combat challenge where the seven teams formed during the camp have the opportunity to compete against each other and hone their physical skills. The motto of the camp is to empower, encourage, challenge and change the way these young women see themselves. Page 1 of 2 Page 91 of 418 Applications for the 35 spots at Camp Molly were available for applicants from across the Niagara Region until April 11, 2023. Currently, more than 50 applications are being reviewed in order to secure the camp registrants. Graduation and closing ceremonies will be held on Sunday, May 14, 2023 hosted by NFFD Station No. 5, Willoughby. Operational Implications and Risk Analysis The 35 camp participants will be led by team captains, including support roles from various fire departments in the Niagara Region. These mentors will facilitate the various evolutions that will guide Camp Molly participants to their success and ultimately their graduation. Financial Implications/Budget Impact There will be no financial implications. Strategic/Departmental Alignment The recommendations contained within this report are in keeping City Councils Strategic Priorities in fostering a customer-focused organization and a connected community. Written by: Jo Zambito, Fire Chief Submitted by: Status: Jo Zambito, Fire Chief Approved - 06 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 2 of 2 Page 92 of 418 Page 93 of 418 Molly Williams (1818) was the first known female, and first known African American firefighter in the US She was a slave. She was affiliated with the Oceanus Engine Company #11 in lower Manhattan. Her service was noted particularly during the blizzard of 1818. Male firefighters were scarce due to a cholera outbreak but Williams took her place with the men on the dragropes and pulled the pumper to the fire through the deep snow MOLLY WILLIAMS Page 94 of 418 CAMP MOLLY 2023 Niagara May 11 –14 Zorra June 1 -4 Quinte July 13 –17 Brant July 13-17 Caledon August 17-20 Sudbury August 24-27 Durham September Vaughn October 12-15Page 95 of 418 •First started in Halton Region with Oakville Fire Department in 2019. •Successfully ran for several years –including in the Quinte Region, Brantford, and Vaughan in 2022. •4 Day Camp for young females between age 15 -18. •Showcases all the opportunities in the fire service, including suppression, rescue, prevention, investigation, education, communications. •Each camp can offer up to 7 evolutions based on prepared lesson plans HISTORY Page 96 of 418 Provide a positive and supportive opportunity for young females in our community. MISSION Page 97 of 418 WHY JUST GIRLS? All youth –regardless of gender, deserve to thrive. We applaud other campaigns that work to support boys, but this mission will focus on empowering young women.Page 98 of 418 One of the best ways to help a girl develop confidence is through mentorship. Research shows about 60% of Canadians who say they are “very confident” had a mentor in their youth. WHY JUST GIRLS?Page 99 of 418 BE PREPARED TO BE EMPOWERED!Page 100 of 418 BE PREPARED TO BE CHALLENGED!Page 101 of 418 BE PREPARED TO CHANGE THE WAY YOU SEE YOURSELF!Page 102 of 418 CAMP MOLLY This camp will provide young women who may not have considered the possibility of pursuing a career in the fire services with an introduction into various career opportunities available, including: Fire suppression Auto Ex Communications Fire Prevention and Education Fire Dynamics and Investigations Medical Scenario Bullex Trainer and SCBA Firefighter Survival and Forcible EntryPage 103 of 418 CAMP MOLLY VISION The Fire Service will no longer be considered “A non-traditional” career for females Page 104 of 418 COMBAT CHALLENGE Page 105 of 418 GRADUATION Page 106 of 418 QUESTIONS WWW.CAMPMOLLY.CA Page 107 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re FIR-2023-02 6.4 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 9:57 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re FIR-2023-02 6.4 FIR-2023-02 Camp Molly Niagara These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #6.4. Council, I am quite proud that our own council now has three female councilors. Perhaps next time around there will be more. I hope more women are encouraged to enter politics by your example that women can achieve any position in our society. These young women are training to be Firefighters, another example that our society is on a path of equality, another example that women can achieve any position in our society. Please don't just receive and file this report, have staff make and deliver a letter of support that can be present to these young woman at the camp to show our council and by extension our community is proud of them, not just for their desire to further a career in firefighting but for the encouragement they will project to other young women that no profession is unattainable. I know I am. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 108 of 418 PBD-2023-20 Report Report to: Mayor and Council Date: April 18, 2023 Title: AM-2022-031, Official Plan and Zoning By-law Amendment 7085 Morrison Street (Optimist Club) Proposal: Convert the existing Optimist Club building for commercial uses and construct a separate building for commercial uses Applicant: River Realty Development (1976) Inc. Recommendation(s) That Council approve the Official Plan and Zoning By-law amendment as detailed in this report to permit the conversion of the existing Optimist Club building for commercial use and to permit the construction of a separate building for commercial uses, subject to the regulations and recommendations outlined in this report. Executive Summary River Realty Development (1976) Inc. has requested an Official Plan and Zoning By-law amendment for 7085 Morrison Street to apply the Major Commercial designation and General Commercial zone on the subject lands. The proposal is to convert the existing Optimist Club building for commercial use and to construct a separate building for commercial uses. The amendments are recommended, subject to Staff’s modifications as detailed in this report, for the following reasons: • The proposed development conforms to Provincial, Regional, and City policies by helping to create a complete community for the area; • The requested designation and zone are appropriate for the subject lands and the proposed use and recommended provisions are compatible with surrounding properties; and, • Public concerns regarding setback from existing residential uses has been addressed through recommended zoning regulations. Light pollution and fencing will be addressed at the site plan stage. The subject land is not municipally owned, and no permissions were required to remove trees. Page 1 of 9 Page 109 of 418 Background River Realty Development (1976) Inc. has requested an Official Plan and Zoning By -law amendment for 7085 Morrison Street totaling 0.98 hectares (2.4 acres) as shown on Schedule 1. The applicant is seeking permissions to convert the existing Optimist Club building and to construct a separate building for commercial uses permitted in the General Commercial (GC) zone as shown on Schedule 2 and 3. The subject land is designated Open Space and is within the Morrison -Dorchester Intensification Node in the City’s Official Plan. The subject land is zoned Open Space, under ByZoning -79law -Major the requesting is Commercial The 200. applicant designation of the Official Plan be applied and that the property be rezoned to a General Commercial zone. No site specific zoning regulations are requested. On March 28, 2023, a minor variance was granted by the Committee of Adjustment to vary the permitted uses of the Open Space zone to permit an office within the existing Optimist Building. Site Conditions and Surrounding Land Uses The land is currently occupied by the former Optimist Club building. To the north of the site is detached dwellings, to the west are detached and townhouse dwellings, to the east is a commercial plaza, and to the south is a large commercial plaza with large retail stores (i.e. Canadian Tire, The Home Depot, and Mark’s Work Warehouse). Circulation Comments Information about the requested Official Plan and Zoning By -law amendments were circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date: • Building, Business Development, Fire, GIS, Landscaping, Niagara Region o No comments or concerns. • Municipal Works o A tree compensation agreement is required to plant 2 trees (approximately 7 feet tall) for each tree removed, save and except 3 diseased trees. The agreement will be addressed at the site plan stage. Any trees that cannot be accommodated on site may be taken as cash in lieu. • Transportation Services o The proposal does not require a Traffic Impact Study as it is expected to generate less than 100 new gross trips in the peak hours. o Supports the proposed connection with the abutting property. Easement agreements will be required. Page 2 of 9 Page 110 of 418 Neighbourhood Comments A neighbourhood open house was held on February 8th, 2023 and was attended by the applicant and their agent. There were five members of the public in attendance. In addition, staff received comments from one member of the public. The public concerns include: land use compatibility, noise and crime, light pollution, traffic volume, loss of park area, effect on property value/taxes, tree removal, and fencing. Staff’s response is as follows: • To provide improved land use compatibility, staff recommend a rear yard depth of 12.5 metres (contained in the site plan) that contains a 3 metre landscape buffer from the rear lot line to provide a suitable planting strip for trees. These regulations sufficiently address land use compatibility concerns by providing an adequate setback to the existing residential uses as well as adequate screening through landscaping. • Any concerns regarding crime should be directed to the Niagara Regional Police and noise to City By-law staff. No by-law complaints have been made to the City regarding this. • At time of site plan, a lighting plan is required to be submitted. Light is not permitted to trespass onto neighbouring properties. • Transportation Services reviewed the proposal and had no concerns with traff ic volume. • The Optimist Club is privately owned land that is not considered a public park. Meadowvale Park located on Freeman Street across from Latina Crescent provides a public park for the neighbourhood. A need for an additional public park has not been identified in the City's Master Parks Plan. • The Municipal Property Assessment Corporation (MPAC) provides the City with property values. A request can be made to MPAC to reassess the value of a property to which the applicable City tax rate will then be applied. Generally, development leads to an increase or no significant impact to property values. • The trees that were present on the property were not part of a significant woodlot. As such, they could be removed by the landowner without permission from th e City or the Niagara Region. • A minimum 1.8 metre high fence is required where a commercial zone abuts a residentially zoned property’s side or rear lot line. The details of this fence will be dealt with through the City's site plan control process. Page 3 of 9 Page 111 of 418 Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposal satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The proposal is efficient development that sustains the financial well -being of the municipality over the long-term, is transit-supportive, assists in the creation of a complete community, and minimizes land consumption; and, • The recommended regulations will facilitate the development of land in a manner that will appropriately redevelop the land for commercial uses while maintaining appropriate standards to be compatible with adjacent residential uses. 2. Regional Official Plan The subject lands are designated Delineated Built-Up Area in the Regional Official Plan. The proposed development conforms to the Regional Official Plan as it contributes to a complete community by creating additional employment opportunities in close proximity to existing residential uses and several transit routes that utilize the nearby transit hub/transfer point on the south side of Morrison Street. 3. City Official Plan The subject lands are designated Open Space and are located within the Morrison- Dorchester Intensification Node in the City’s Official Plan, which envisions a mix of major commercial/institutional uses with a range of residential uses and densities. The application requests the Major Commercial designation be applied to the lands. The Official Plan states where an Open Space designation is under private ownership, it is not intended that this land will remain designated Open Space indefinitely, nor that these lands are free and open to the general public. When an application to change the land use is presented to Council, due consideration shall be given by Council if a public agency does not wish to purchase the land for open space purposes. When the Optimist Subdivision received draft approval in 2012, a combination of parkland and cash-in-lieu were provided as per Council decision. The Optimist lands were not desired/acquired by the City at the time as there was sufficient parkland in the neighbourhood to meet City standards. Page 4 of 9 Page 112 of 418 In considering an Official Plan amendment, Council is to consider the conformity of the proposal to the general objectives of the Plan, suitability of the site or area for the proposed use, compatibility of the proposed use with adjacent land use designations, need for the use, availability of adequate municipal services, and facilities for the proposed uses and its financial implications. The proposal complies with the intent of the Official Plan as follows: • The proposal makes efficient use of existing infrastructure, land, and repurposes an existing building; • The site is suitable for the proposed designation as it is located within the Morrison-Dorchester Intensification Node, which envisions a mix of major commercial/institutional uses with a range of residential uses and densities, and directs higher employment densities to where the property is located; • The redesignation of the subject land within the Morrison/Dorchester Intensification Node helps to create a complete community; • The height and setbacks of the existing and proposed buildings are compatible with the character of surrounding development. In addition, staff have recommended a 12.5 metre rear yard depth and a 3 metre landscaped buffer width from the rear lot line to ensure the proposed rear yard depth is maintained and adequate space is provided for tree plantings to buffer and screen the building to neighbouring detached dwellings; • There is adequate municipal services available; • The lands are not identified for acquisition by a public agency or the City for open space purposes; and, • Park needs are met for the Queensway neighbourhood by Meadowvale Park, located on Freeman Street across from Latina Crescent. 4. Zoning By-law The applicant has requested a General Commercial (GC) zone be applied to the site. The GC zone permits a variety of commercial uses. No site specific regulations have be en requested as part of the Zoning By-law amendment application. The requested zone is appropriate for the land as it will implement the requested Major Commercial designation. Staff recommend that a rear yard depth of 12.5 metres that contains a landscaped buffer width of 3 metres be required from the rear lot line to secure the proposed rear yard depth, to ensure there is adequate space for tree plantings to survive, and to improve compatibility with the neighbouring detached dwellings. Operational Implications and Risk Analysis There are no operation implications associated with this proposal. Financial Implications/Budget Impact Page 5 of 9 Page 113 of 418 A new tax assessment will be completed for the property and development charges will be collected. Strategic/Departmental Alignment This proposal contributes to a vibrant and diverse economy by providing more employment opportunities to residents. List of Attachments Schedule 1 - Location Map Schedule 2 - Proposed Site Plan Schedule 3 - Elevations Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 11 Apr 2023 Kira Dolch, Director of Planning, Building & Development Approved - 11 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 6 of 9 Page 114 of 418 Schedule 1 (Location Map) Page 7 of 9 Page 115 of 418 Schedule 2 (Proposed Site Plan) Page 8 of 9 Page 116 of 418 Schedule 3 (Elevations) Page 9 of 9 Page 117 of 418 Address: 7085 Morrison Street Applicant: River Realty Development (1976) Inc. Proposal: To designate and re-zone to permit commercial uses Official Plan & Zoning By-law Amendment Application AM-2022-031 Page 118 of 418 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Detached dwellings Commercial Plaza Townhouse dwellings Big Box Retail Page 119 of 418 A GREAT CITY…FOR GENERATIONS TO COME Background •Subject lands are approx. 0.98ha (2.4 acres) •In March 2023, Committee of Adjustment granted approval to permit an office use Official Plan Amendment •Requested designation: Major Commercial Zoning By-law Amendment •Requested zone: General Commercial (GC)Page 120 of 418 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 121 of 418 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Concern Staff Response •Residential Compatibility •A 12.5 metre rear yard and a 3 metre landscape buffer is recommended. •Crime/Noise •No complaints have been received. •Light Pollution/ Fencing •Will be addressed during the site plan process. •No light trespass is permitted. •A 1.8m fence is required. •Traffic •Transportation Services had no concerns. •Loss of Park •It is private land and not a public park. Meadowvale Park is nearby. •Property Values •No significant impact to property values is anticipated. •Tree Removal •Not a significant woodlot –Regional tree removal permit not required.Page 122 of 418 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law amendment application subject to the recommendations contained in Staff report PBD-2023-20.Page 123 of 418 Alison Castellano < Wednesday,February 8,2023 1:10 PM Julie Hannah [EXTERNAL]-7085 Morrison St Redevelopment Proposal From: Sent: To: Subject: Follow Up Flag: Flag Status: Follow up Flagged Hello, I am a resident on Victor Drive and have received the redevelopment information for the Optimist property. I have some concerns and questions about the proposal as follows: 1.What type of commercial tenants will be going in the units?Professional 9-5 type services or retail or hospitality ?My concern is with possible rodents with any food establishments,or loud evening noise with entertainment type establishments,or the general types of people that could be hanging around the area (troublesome types or teens). 2.My rear yard and bedroom would be backing onto the plaza and additional light is a concern,as well as,additional noise from vehicles,delivery trucks,garbage trucks,etc. 3.Additional traffic into the area will impact all the residents in my neighborhood.I've already seen an increase in traffic with the other developments across the street.Rush hour is already difficult to get through the subdivision at Morrison and Dorchester and we have no alternative way to get into the subdivision.Is it possible to open up the access road in our subdivision from Optimist Lane to Close Avenue?Also,additional traffic is concerning with my children riding bikes around the neighborhood. 4.I have been taking my two small children to the park there to play on their equipment and let them play games and explore nature.They were very sad to see the park equipment removed and the trees being taken down.There is no park area or even greenspace within walking distance from our neighborhood right now.Can the city address this issue ?There is currently a large piece of city owned land at the end of Morrison St that would be a great area for a park to service all the children in our neighborhood. 5.What is the plan for Optimist Club?Is it being redeveloped or is the use changing? 6.The construction development itself is likely to produce additional noise,dirt,and dust which will impact my yard and the kids play activities and pool in the backyard. I appreciate you taking the time to address my concerns.Thanks Alison Castellano 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. 1 Page 124 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re PBD-2023-20 AM-2022-031 7.1 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 9:58 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re PBD-2023-20 AM-2022-031 7.1 PBD-2023-20 AM-2022-031 These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #7.1. Council, In my opinion this is a good use of the property. It is recommended to approve staff recommendations. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 125 of 418 PBD-2023-22 Report Report to: Mayor and Council Date: April 18, 2023 Title: AM-2022-029, Zoning By-law Amendment 6633 McLeod Road Proposal: 18 stacked townhouse units within one four storey building. Applicant: Stefan Boncore Agent: Greg Hynde (Urban Environments) Recommendation(s) 1. That Council approve the Zoning By-law amendment to rezone the property to a site specific Residential Low Density Grouped Multiple Dwelling (R4) zone as detailed in this report to permit eighteen (18) stacked townhouse units within one (1) four-storey building on the subject lands, subject to the regulations outlined in this report, and conditional on the applicant registering an easement across 6633 McLeod Road and 6645 McLeod Road to facilitate the proposed shared driveway. 2. That the amending zoning by-law include a Holding (H) provision to require the submission of a landscape and tree survey plan to the satisfaction of the City and a shared driveway be established through a consent application. Executive Summary Stefan Boncore has requested a Zoning By-law amendment to permit the development of one four-storey stacked townhouse building with eighteen (18) dwelling units. The amendment is recommended for the following reasons: • The proposed development conforms to Provincial, Regional, and City policies as it intensifies land within the Built-up Area and McLeod Intensification Corridor, assists the City in meeting its intensification targets, and will provide additional housing choices for residents; • The proposed Zoning By-law amendment is appropriate for the subject lands and the proposed use and site-specific regulations are compatible with surrounding properties; • Public concerns regarding stormwater management and landscaping will be addressed at the site plan stage; and, Page 1 of 11 Page 126 of 418 • The proposed shared driveway with the adjacent property to the west is supported as it facilitates a more efficient site layout and reduces the number of driveways on McLeod Road. Background Stefan Boncore has requested a Zoning By-law amendment for a parcel of land totaling 0.215 hectares (0.53 acres), after road widening, as shown on Schedule 1. Schedule 2 and 3 shows details of the proposed development. The subject land is zoned Residential Low Density Grouped Multiple Dwelling (R4), under Zoning By-law 79-200. The applicant is requesting the lands be placed under a site specific Residential Low Density Grouped Multiple Dwelling (R4) zone to permit one four storey stacked townhouse building with 18 units. Site Conditions and Surrounding Land Uses The subject land currently contains one (1) detached dwelling that will be demolished. To the north and west of the site are detached dwellings, to the east are apartment buildings and detached dwellings, and to the south are deta ched dwellings and partially constructed stacked townhouse dwellings. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara o No objections to the application. o Detailed technical review will occur at site plan application stage. • Building Services o Building Permit fees and development charges will be assessed during Building Permit application review. • Fire Services, GIS Services, Legal Services, Business Development o No objections to the application. • Municipal Works o No objections to the application. A detailed review of the proposed engineering design will occur at site plan application stage. • Landscape Services o No objection to the application. Page 2 of 11 Page 127 of 418 o A landscape plan and tree survey plan shall be required as part of the future site plan application. • Transportation Services o No objections to the application and proposed parking rate. o Transportation Services support the proposed shared driveway and note that an easement will be required to formalize the proposal. Neighbourhood Comments A neighbourhood open house was held on March 7th, 2023 and was attended by the applicant, their agent and architect. There were three (3) members of the public in attendance who expressed support for the proposal. In addition, one (1) resident provided comments via a phone call and expressed the following concerns: • The proposed development is not compatible with the current lot size. • It is unclear how snow storage and fire access will be accommodated on site. • The proposed development will contribute to stormwater run off and negatively impact adjacent properties. • The proposed development will impact the site’s boundary trees. The following is noted in response: • The proposed density brings the site into conformity with the City’s Official Plan and McLeod Intensification Corridor. • The accommodation of snow storage will be addressed as part of a future site plan application. Snow storage is required to be provided on site and in such a manner as to not impact the proper function of the site. • Fire Services have no concerns with the Zoning By-law amendment. Further technical review will be conducted at the time of site plan application. • Municipal Works have no concerns with the Zoning By-law amendment. A detailed stormwater management plan will be required at the time of site plan application that will need to demonstrate that storm water will be directed towards the existing storm sewers on McLeod Road and will not negatively impact adjacent properties. • Landscape services note that boundary trees that could be negatively affected by the proposed development shall be preserved unless consent is provided by the adjacent landowners. A tree survey plan will need to be submitted as part of the future site plan application and will be a requirement to lift the proposed Holding (H) provision. Page 3 of 11 Page 128 of 418 Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act; • It is within a settlement area, located along transit routes, and is within walking distance to existing commercial uses, and will utilize existing municipal infrastructure and services available to the subject lands; • The proposed intensification is an efficient use of an underutilized residential parcel; and, • The eighteen (18) dwelling units will contribute to the range of housing options available to residents by providing twelve (12) one-bedroom and six (6) two- bedroom rental units. 2. Regional Official Plan The subject land is designated ‘Delineated Built-up Area’ in the Regional Official Plan. The proposed development conforms as follows: • The infill development will contribute to the Regional intensification target of 50%; and, • The rental stacked townhouse units will cater to a variety of households and income groups, contribute to the creation of a complete community, and effectively utilize municipal infrastructure and land. 3. City Official Plan The subject lands are designated Residential and are located at the west end of the McLeod Intensification Corridor under the City’s Official Plan. Stacked townhouse dwellings with a maximum height of 4-storeys and minimum density of 65 units per hectare may be considered. The proposal conforms with the Official Plan as follows: • The proposal is for a four (4) storey building with a density of 84 units per hectare. The land is suitable for intensification at this density; • The proposed development is located on lands that front onto an arterial road, it abuts an existing transit route, and is in close proximity to commercial uses; • The scale and massing of the proposed building and the proposed setbacks are sensitive to the surrounding built form and uses; Page 4 of 11 Page 129 of 418 • The rear yard setback is appropriate as it exceeds the building height of the proposed development, providing adequate separation to the abutting detached dwellings; • Parking is provided to the rear of the property, allowing the street frontage to be engaged through landscaping; • The proposed development will provide residents a greater choice of housing with one and two-bedroom rental units ranging in size from 528 to 1,174ft2 (49– 109m2) and estimated rental rates of $1550-$1875 for one-bedroom units and $2,000-$2,250 for two-bedroom units. These rental rates would not be considered affordable to low-income households under the City’s Housing Strategy. However, they would be considered affordable to moderate income households with an approximate annual income of $60,000 - $95,900, as per Table 3-2 of the City’s Housing Strategy; • The provision of 18 rental units will contribute to the City achieving a 3% vacancy rate, which is considered to be healthy by the Canada Mortgage and Housing Corporation (CMHC); and, • There is adequate municipal infrastructure, and no transportation impacts are expected. 4. Zoning By-law The applicant has requested a site specific R4 zone be applied to the subject lands to permit the proposed development. The R4 zone permits stacked townhouse dwellings The departures requested from the standard R4 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS BELOW) Minimum lot area for an apartment dwelling or stacked townhouse 200 square metres for each dwelling unit 3600 square metres 119.2 square metres for each dwelling unit 2146 square metres Support Minimum lot frontage for a townhouse dwelling or an apartment dwelling 30 metres 19.95 metres Support Page 5 of 11 Page 130 of 418 containing more than four dwelling units Minimum front yard depth for an apartment or stacked townhouse dwelling 7.5 metres + 15.25 metres from the centreline of McLeod Road 4.93 metres + 15.25 metres from the centreline of McLeod Road Support Minimum interior side yard width One half the height of the building = 5.5 metres 5.3 metres for easterly side yard Support Maximum height of building or structure 10 metres 11 metres Support Parking requirements 1.4 parking spaces per dwelling unit 25.2 parking spaces 1.28 parking spaces per dwelling unit 23 Parking Spaces Support Minimum landscaped open space area 45 square metres for each dwelling unit. 36.9 square metres for each dwelling unit Support Projection of fire escape into required side yard 1.2 metres 1.3 metres into required easterly side yard Support The requested regulations can be supported for the following reasons: • The reduction to the minimum front yard depth can be supported as adequate landscaping will be provided to buffer and enhance the existing streetscape. While the proposed building setback will be located further south than the abutting 3-storey apartment building, it otherwise is in alignment with the existing built form; • The reduction to the minimum lot area is supported as it is required to permit the proposed density of the McLeod Intensification Corridor. Furthermore, the proposed shared driveway facilitates a more efficient site layout and reduces the number of driveways on McLeod Road which is desirable; Page 6 of 11 Page 131 of 418 • The requested increase in height is supported as it is modest in nature, appropriate setbacks are being proposed, and the requested height is permitted under the City’s Official Plan; • The proposed parking is within 10% of the zone requirement and is supp orted by Transportation Services as the site abuts a transit route and future on-road bike lanes are proposed along McLeod Road as part of the Regional Niagara Bicycling Network; • The reduction to the minimum lot frontage can be supported as it will not negatively impact the streetscape or site function. There is adequate space for site access, an appropriate building envelope, and a suitable area for landscaping to maintain a consistent streetscape. Provided the proposed shared driveway with the adjacent property to the west is established, and given the orientation of the proposed building, staff are satisfied that the reduced minimum lot frontage will not create any negative impacts; • The reduction to the minimum landscaped open space area can be supported as there is a suitable amount of landscaped open space provided around the building and parking area to buffer adjacent properties. The subject lands are in proximity to a community park (Prince Charles Park). In addition, private amenity space will be provided through the provision of private balconies and terraces; • The increase in the projection of the below grade fire escapes into the required easterly interior side yard can be supported as the increase is modest in nature and fulfills the building’s safety requirements; and • The reduction to the minimum easterly interior side yard can be supported as the reduction is modest and will not negatively impact the adjacent property. The proposed interior side yard setbacks prevent the massing from overwhelming the site and provide a buffer for privacy, landscaping, and site access. Privacy fencing will be required through the site plan process to further enhance privacy. To secure the appropriate driveway width, the amending by-law shall include a regulation requiring a driveway with a minimum width of 6.3 metres that can be provided in part on the abutting property. In addition, Staff recommends a Holding (H) provision be applied to the subject land to require that a landscape plan and tree survey plan be submitted to the satisfaction of the City and a shared driveway be established through a consent application. Operational Implications and Risk Analysis There are no operation implications associated with this proposal. Page 7 of 11 Page 132 of 418 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 - Elevations Written by: Scott Turnbull, Planner 1 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 12 Apr 2023 Kira Dolch, Director of Planning, Building & Development Approved - 12 Apr 2023 Jason Burgess, CAO Approved - 12 Apr 2023 Page 8 of 11 Page 133 of 418 Schedule 1 (Location Map) N Page 9 of 11 Page 134 of 418 Schedule 2 (Proposed Site Plan) Page 10 of 11 Page 135 of 418 Schedule 3 (Elevations) Page 11 of 11 Page 136 of 418 Address: 6633 McLeod Road Applicant: Stefan Boncore Proposal: To permit the construction of 18 stacked townhouse units within one 4-storey building. Zoning By-law Amendment Application AM-2022-029 Photo to be added, site visit this week.Page 137 of 418 A GREAT CITY…FOR GENERATIONS TO COME Location Proposed Development 5-Storey Apartment Building Detached Dwellings 3-Storey Apartment Building Stacked Townhouse Dwellings Detached dwellings Page 138 of 418 A GREAT CITY…FOR GENERATIONS TO COME Background •Subject lands are approximately 0.21 ha (2,146m2). Zoning By-law Amendment •Application to rezone the subject lands to a Site Specific Residential Low Density Grouped Multiple Dwelling (R4) Zone. Page 139 of 418 A GREAT CITY…FOR GENERATIONS TO COME Site Plan N Page 140 of 418 A GREAT CITY…FOR GENERATIONS TO COME Elevations View from McLeod Road Page 141 of 418 A GREAT CITY…FOR GENERATIONS TO COME Elevations Page 142 of 418 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning -R4-XX N SUPPORT Min. lot frontage: Proposed: 19.95m Required: 30m SUPPORT Min. landscaped open space per dwelling unit: Proposed: 36.9m2 Required: 45m2 SUPPORT # of Parking Spaces Proposed: 23 Required: 25.2 SUPPORT Min. Interior Side Yard Width: Proposed: 5.3m Required: 5.5m SUPPORT Projection of a fire escape (below grade entrance) into a required side yard: Proposed: 1.3m Required: 1.2m SUPPORT Min. lot area per dwelling unit: Proposed: 119.2m2 Required: 200m2 SUPPORT Min. front yard depth: Proposed: 4.93m + 15.25 to CL McLeod Road Required: 7.5m +15.25m to CL McLeod Road. SUPPORT Max height of building: Proposed: 11m Required: 10m Page 143 of 418 A GREAT CITY…FOR GENERATIONS TO COME Public Comments Comment/Concern Staff Response •Proposed development is not compatible with lot size. •The proposed density conforms with the City’s Official Plan and McLeod Intensification Corridor policies. •Storm Water Management •Will be reviewed at site plan application. Adjacent properties can not be negatively impacted. •Boundary Trees •A tree survey plan will be reviewed at site plan application. Boundary trees are to be preserved. •Snow Storage •Will be reviewed at site plan application. •Fire Access •Fire Services have no concerns. Further technical review will occur at site plan application. Page 144 of 418 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve the Zoning By-law Amendment application subject to the recommendations contained in Staff report PBD-2023-22.Page 145 of 418 MCLEOD RESIDENCES 18 April 2023 Page 146 of 418 19.95 m65' - 5 7/16"112.62 m 369' - 5 7/8"19.95 m65' - 5 9/16"112.87 m 370' - 3 11/16"MCLEOD ROADROAD WIDENING(15.25m from Centerline of McLeod Rd) 3 UNITS TOWNHOUSE 1 TOWNHOUSE 2 TOWNHOUSE 3 TOWNHOUSE 4 TOWNHOUSE 5 TOWNHOUSE 6 4 STOREYS (35' _ 10.67m) 1 STOREY BELOW GRADE 3 STOREYS ABOVE GRADE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 23 22 21 20 19 18 17 16 TURN AROUNDWASTE COLLECTION7.30 m23' - 11 3/8"3.60 m11' - 9 9/16"52.88 m 173' - 5 13/16" 3 UNITS 3 UNITS 3 UNITS 3 UNITS 3 UNITS TYPE A TYPE B TYPE ATYPE B TYPE B TYPE B 10.12 m 33' - 2 9/16"5.33 m17' - 6"7.32 m24' - 0"49.68 m 163' - 0" NEIGHBOURING PORTION OF SHARED DRIVEWAY 84.05 m 275' - 9 1/16"3.60 m11' - 9 3/4"5.19 m 17' - 0 5/16"5.53 m18' - 1 13/16"6.00 m19' - 8 1/4"5.90 m19' - 4 5/16"6.00 m19' - 8 1/4"FIRE ACCESS ROUTE 7.20 m23' - 7 1/4"2.20 m7' - 2 13/16"1.50 m4' - 11 1/16"R 4.50 m R 4. 5 0 m 4.93 m 16' - 2 1/4" 8yd3 1.50 m 4' - 11 1/16" 4.57 m 14' - 11 13/16" 3.00 m 9' - 10 1/8" 15.25m TO CENTERLINE OF MCLEOD RD 5.55 m18' - 2 3/8"4.02 m13' - 2 1/8"SITE PLAN 6633 McLeod Road Page 147 of 418 VIEW FROM STREET 6633 McLeod Road Page 148 of 418 www.matthewschmid.ca 647.992.7158 Page 149 of 418 Zoning By-Law Amendment City File AM-2022-2029[Type here] CONCERNS FROM 6601 6633 MCLEOD RD MCLEOD PROPERTY ADJACENT NIAGARA FALLS ON Submitted for discussion of By-Law Amendments and other related processes for the proposed development of 6633 McLeod Road and by this proposal, 6645 McLeod Road. Thank you for the opportunity to discuss the adjacent property development proposal. The area has undergone intensive density building and this proposal to develop single dwelling to multi residential is part of the ongoing requests for housing. About 100 units are underway directly across these McLeod Road addresses. The property of 6601 McLeod was sold with the approval of a further build on the property (the side of this adjoining proposal property of 6633 McLeod Road). Consideration should be given to this. Water, Snow and Drainage  This property does not slope towards McLeod and already has significant water issues. Water pooling and flooding is currently noted (see Pic A). At higher levels of water, it comes onto 6601 McLeod Road fire lane.  The proposed allowances in relation to the other properties will have a detriment to them in regard to rain, run offs, snow piling and melting.  The current proposal design for 6633 McLeod without 6645 does not have enough allowance for plowing, garbage removal or free movement of traffic in adverse weather or particularly Emergency Services.  Snow piling will be against the fences and take up additional spaces.  The proposal adjoining the back single residences will have flooding from snow melt onto their properties, for 6601 McLeod that is tenant access and fire lane directly. Driveway, Property Maintenance This proposal for 6633 McLeod relies heavily on a “good faith” agreement for safe access rather than a contract. This proposal is being asked for approval without any permit, application or notice although presented as fact for the neighbouring 6645 McLeod Road property as reported by the city.  There is a brick home in the proposed shared driveway allotment, as well as a garage besides, making this option for a useable driveway access also a concession of requirements without considering 6645’s development plans and timelines as well. (Pic B).  When parking is blocked, difficult or inaccessible, we anticipate usage of our lot.  The real available driveway access for 6633 McLeod in this proposal is insufficient.  If the property of 6645 Is also developed similarly, the proposed driveway will become a narrow noise tunnel between buildings affecting the tenants and neighbours, amplifying the already noted traffic noise issues from this proposal.  Future road widening would remove the noise berm from these properties. Tree Removal & Fencing  All the mature trees on the lot and along lot lines are proposed to be removed.  Is the fencing in the proposal going to be in the developer’s portion of the build? We are interested in information as to the timeline and disruption expectancies we will be experiencing during this transformation of the property. Thank you. Page 150 of 418 Zoning By-Law Amendment City File AM-2022-2029[Type here] CONCERNS FROM 6601 6633 MCLEOD RD MCLEOD PROPERTY ADJACENT NIAGARA FALLS ON This overlay is relative to the property size and proposed allocation of development for 6633 McLeod. This does not include the “shared” driveway allotment on drawings. Please note the shared driveway has both a house and garage where the proposed driveway is to be. This would mean the development of 6633 McLeod would not have the proposed access until development of 6645 McLeod. The city has no records of any start to such application for permit, build, demolition. If this application is approved, the driveway for 6633 McLeod would be lesser in size by comparison to the fire lane of 6601 McLeod. This could have serious implications for safety for all adjoining properties if access to all areas of the property are not open to fire and other emergency services. It is clear that the parking design will directly impact the fire lane and tenant access from seasonal weather issues and water or snow accumulations of 6601 McLeod. Page 151 of 418 Zoning By-Law Amendment City File AM-2022-2029[Type here] CONCERNS FROM 6601 6633 MCLEOD RD MCLEOD PROPERTY ADJACENT NIAGARA FALLS ON Top photo: 6633 McLeod currently on the right, 6645 on the left for handshake driveway proposal and mature trees. If access to the proposed building is contingent on a driveway using the 6645 McLeod, these properties should be heard together. (Pic B) This is a regular state of water drainage routinely on the property. This was taken without significant snow or rainfall in the weeks prior on March 31, 2023. This standing water, currently is not at it’s highest point. (Pic A) Page 152 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re PBD-2023-22 7.2 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 9:59 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: Comment for the 04 18 2023 council meeting re PBD-2023-22 7.2 PBD-2023-22 These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #7.2. Council, In my opinion this is a good use of the property. It is recommended to approve staff recommendations. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 153 of 418 PBD-2023-024 Report Report to: Mayor and Council Date: April 18, 2023 Title: AM-2022-012, Official Plan and Zoning By-law Amendment Application 5602 and 5592 Robinson Street and Part of 6158 Allendale Avenue Proposal: To permit the development of a 77 storey building (at a height of 245 metres) with 962 residential dwelling units and 516 square metres of commercial floor area Applicant: Fudzi International Group (c/o Pawel Fugiel) Agent: Bousfields Inc. (c/o David Falleta) Recommendation(s) 1. That Council not approve the Official Plan amendment as detailed in this report to permit a 77 storey building (at a height of 245 metres) with 962 residential dwelling units and 516 square metres of commercial floor area. 2. That Council approve the requested Zoning By-law amendment, subject to limiting the building height to 30 storeys, the podium height to 15 metres, and subject to the recommended parking rate, a 0 metre rear yard setback, roof feature with a maximum height of 9 metres, and other regulations outlined in this report. 3. That the amending zoning by-law include a Holding (H) provision to require a Phase Two Environmental Site Assessment, Record of Site Condition, an updated Pedestrian Wind Assessment that identifies all safety criteria on public right of ways are met to the satisfaction of the Niagara Region and City, an updated Shadow and Traffic Impact Study to the satisfaction of the City, refinement of building architecture to incorporate necessary wind mitigation measures and a revised roof feature that provides a distinct terminus to the building and conformity to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development, and the inclusion of archaeological, noise, traffic volume (regarding operational constraints at Ferry Street and Allendale Avenue/Stanley Avenue), and parking restriction warning clauses in site plan and condominium agreements. 4. That Council remove the property known as 5602 Robinson Street from the Municipal Registrar of listed properties. Page 1 of 29 Page 154 of 418 Executive Summary Fudzi International Group Inc. has requested an Official Plan and Zoning By -law amendment to permit the development of a 77 storey building (at a height of 245 metres) with 962 residential dwelling units and 516 square metres of commercial floor area on lands known as 5602 and 5592 Robinson Street and part of 6158 Allendale Avenue. The amendment is not recommended at the height proposed for the following reasons: • The proposed 77 storey building does not conform to Provincial, Regional, and City policies as: • Safety criterion is exceeded for the pedestrian environment; and, • It is not compatible with the abutting Residential designated properties as there is not an appropriate transition of height to the abutting low density residential neighbourhood, there is shadowing on Residential designated properties, and parking needs are not met. Staff can support a building that has a maximum height of 30 storeys with a 15 metre podium as this height is supported by the City's Official Plan, with the submission of wind and shadow studies that indicate no negative impact. A height of 30 storeys would provide a suitable transition to the low-rise residential designated lands to the west, conditional on: • The tower being shifted south east as far as possible (away from Allendale Avenue and Robinson Street) as determined in an updated Pedestrian Wind Assessment; • The provision of 1 car and 1 bicycle parking space per dwelling unit with 5 car share parking spaces and the distribution of 10-ride transit passes to the occupant of each unit; and, • A Holding (H) provision requiring a Phase Two Environm ental Site Assessment, Record of Site Condition, an updated Pedestrian Wind Assessment that identifies all safety criteria on public right of ways are met to the satisfaction of the Niagara Region and City, an updated Shadow and Traffic Impact Study to the satisfaction of the City, and refinement of building architecture to incorporate necessary wind mitigation measures and a revised roof feature that provides a distinct terminus to the building and conformity to the City's Tourism Policy Review Implementat ion Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development, and the inclusion of archaeological, noise, traffic volume (regarding operational constraints at Ferry Street and Allendale Avenue/Stanley Avenue), and parking restriction warning clauses in site plan and condominium agreements. Page 2 of 29 Page 155 of 418 Although not recommended by Staff, should Council wish to approve the application as requested by the applicant, Staff have provided recommendations under the section "Alternatives" in this report to assist in minimizing the negative impacts associated with the proposed development. A few of the key recommendations include: • Shifting the tower as far south and east on the site as far as possible to provide increased setback from residential areas and provide an opportunity for wind mitigation measures on the podium roof; • A Holding (H) provision to require at least two step-backs of the tower above the 30th floor. These step-backs will reduce the massing as the tower gets taller, reducing the visual impact of the tower and providing a slight reduction in shadowing. These step-backs will also assist wind and shadow mitigation efforts; • The requirement of some commercial uses at grade along Robinson Street to maintain the presence of the existing commercial uses in the area and to contribute to a complete community, with residential dwellings permitted along the street frontage of Allendale Avenue to transition to the abutting residential uses to the west and above grade; • Provide a residential parking rate of 1.0 parking space per unit with additional regulations requiring 5 car share parking spaces, 1 bicycle parking space per unit, and the distribution of 10-ride transit passes to occupants of each unit to ensure 1 parking space per unit is available and to encourage active transportation and transit ridership in lieu of the additional parking; and, • A Holding (H) provision requiring a Phase Two Environmental Site Assessment, Record of Site Condition, an updated Pedestrian Wind Assessment that identifies all safety criteria on public right of ways are met to the satisfaction of the Niagara Region and City, an updated Shadow and Traffic Impact Study to the satisfaction of the City, refinement of building architecture to incorporate necessary wind mitigation measures and a revised roof feature that provides a distinct terminus to the building and conformity to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development, and the inclusion of archaeological, noise, traffic volume (regarding operational constraints at Ferry Street and Allendale Avenue/Stanley Avenue), and parking restriction warning clauses in site plan and condominium agreements. Background Proposal Fudzi International Group Inc. has requested an Official Plan and Zoning By -law amendment for 3 parcels of land that totals approximately 0.31 hectares (0.76 acres) as shown on Schedule 1. Page 3 of 29 Page 156 of 418 The applicant is seeking planning approvals for a 77 storey build ing (at a height of 245 metres) with 962 residential dwelling units (consisting of 235 one-bedroom units, 309 one- bedroom plus den units, 305 two -bedroom units, 103 two-bedroom plus den units, 3 penthouse units, and 7 dwelling units accessed from Allendale Avenue) and 516 square metres of commercial uses on the ground level. The applicant did not provide information on the sale prices of units; however, it is understood that none of the residential units are proposed to be affordable. Parking is provided underground (6 levels) as well as above ground (part of level 2 and levels 3 - 6). A total of 713 parking spaces is proposed. At ground level, 368 bicycle parking spaces are provided. Schedule 2 shows details of the proposed development and Schedule 3 s hows its perspectives. The subject land is designated Tourist Commercial under the City's Official Plan which may permit developments up to 30 storeys in height, subject to supporting studies that demonstrate no significant adverse impacts will be created due to the proposed development and its additional height including extensive shadowing and the creation of severe wind impacts at street level. The applicant is requesting that the subject land be designated a Special Policy Area in the City's Official Plan to permit a high-rise apartment building as a stand alone or a mixed use building up to 77 storeys, permitting 962 residential units, a maximum gross floor area of 72,300 square metres (excluding the parking structure area); and, permitting a maximum floor space index of 15.6. The subject land known as 6158 Allendale and 5602 and 5595 Robinson Street is zoned TC in accordance with Zoning By-law 79-200, as amended by By-law Nos. 2012-60 and 2012-061. In addition, 6158 Allendale was amended by By-law No. 2016-53. The TC zone permits a variety of tourist commercial uses (i.e. hotel, restaurant, retail, office, souvenir store, etc.) as well as dwelling units that may be permitted above the ground floor to a maximum of 50% of the total floor area. The applicant is requesting that the subject lands be placed under a new site specific TC zone to permit the 77 storey mixed use building. Site Conditions and Surrounding Land Uses The subject land where the 77 storey building is proposed is currently developed. The property known as 5602 Robinson Street contains a two-storey dwelling that is a listed heritage property under the Ontario Heritage Act. The Municipal Heritage Page 4 of 29 Page 157 of 418 Committee supports its removal from the Municipal Registrar as it has limited architectural value. The property known as 5592 Robinson Street contains a two -storey dwelling with an attached one storey commercial unit currently occupied by the Red Ganache Bakery. The property known as 6158 Allendale Avenue contains a one -storey commercial use currently occupied by Fugiel International Group Inc. The property was previously the site of the Zippo Lighters factory. Approximately one half of the property is proposed to be developed for the 77 storey mixed use building. To the north, is vacant land and detached dwellings. To the east, are detached dwellings and a commercial plaza. To the south, is a large parking lot. To the west, are Hydro One corridor lands, detached dwellings, and the historically designated All Saints Anglican Church and Cemetery. Circulation Comments Information about the requested Official Plan and Zoning By -law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara: • Regional staff are unable to confirm whether the applications are consistent with Provincial and Regional policies until revised materials are provided for review. To ensure Provincial and Regional interests are properly addressed, the following Holding (H) provisions are required in the amending by-law: o Based on safety concerns, and to demonstrate the proposal does not create additional wind impacts to Stanley Avenue, an updated Pedestrian Level Wind Study and Analysis is required to be prepared in accordance with the Region’s Pedestrian Study Terms of Reference; and, o A Phase Two Environmental Site Assessment and Record of Site Condition is required; and, • Archaeological, noise, and traffic volume (regarding operational constraints at Ferry Street and Allendale Avenue/Stanley Avenue) warning clauses will ne ed to be included in a future site plan agreement. Building: • All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for spatial separation- fire protection, geotechnical report, and wind-loading analysis modelling to occur upon Building Permit(s) application. Page 5 of 29 Page 158 of 418 Municipal Heritage Committee: • Supports the recommendations of the Heritage Impact Assessment of 5602 Robinson Street to remove the property from the Municipal Register of listed properties as it does not appear to have outstanding architectural value. Business Development, Fire, GIS, Legal, Municipal Works, Transportation Services: • Detailed technical review will occur at site plan stage. • Transportation Services does not support a parking rate of 0.74 parking spaces per unit as there is no transit service on Robinson Street or on Allendale Avenue. The closest transit service is on Stanley Avenue or on Main Street which is 400 metres from the subject land. In addition, there is no opportunity to park on the street next to the site so any overflow parking would likely migrate into the surrounding neighbourhood to the west. Transportation Services could support a residential parking rate of 1.0 parking space per unit with additional regulations requiring 5 car share parking spaces, 1 bicycle parking space per unit, and the distribution of 10-ride transit passes to occupants of each unit. • A 2.94 metre road widening along the extent of the subject lands on Robinson Street is required at site plan application. • A 7.0 by 7.0 metre daylight triangle on the southeast corner over and above the road widening for Robinson Street is required at site plan application. • Traffic Impact Study needs to be updated at site plan application to include a summer weekend analysis and updated traffic counts for weekdays. • The sewer on Robinson Street will need to be upgraded to Stanley Avenue in order to accommodate the development at the developer’s cost. This will be addressed at the site plan stage if proposal is approved. Neighbourhood Comments A neighbourhood open house was held on November 1, 2022 and was attended by the applicant, applicant's planners and consultants. No members of the public were in attendance and no written comments have been received. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is not consistent and does not conform as follows: • The proposed development does not satisfy matters of provincial interest as outlined in Section 2 of the Planning Act as the wind levels exceed safety Page 6 of 29 Page 159 of 418 criterion in several locations that may create hazardous conditions for the public and are uncomfortable within the pedestrian environment; • The proposed height and built form does not mitigate risks to public safety within municipal right-of-ways that will result from the wind impacts generated by the 77 storey building; and, • Excessive shadowing of residential areas may have further health impacts on residents. While the proposed development would contribute to the City’s housing supply and intensify the area, Staff are unable to support a development that has an identified public safety risk. 2. Regional Official Plan The subject lands are designated Urban Area (Built-up Area) in the Regional Official Plan. The proposed development would contribute to the Regional intensification density target of 40% and the apartment dwelling units would diversify the housing supply, contribute to the creation of a complete community, and efficiently utilize municipal infrastructure and urban lands. In addition, the Region has requested an updated Pedestrian Level Wind Study and Analysis as they are concerned with the wind impact that result from the proposed development on Stanley Avenue and would require the elimination of unsafe wind impacts. 3. City's Official Plan The subject lands are designated Tourist Commercial in the City’s Official Plan and are located within the Fallsview Subdistrict of the Central Tourist District. The proposed development is within an area where developments may be permitted to have a height of up to 30 storeys. Heights greater than 30 storeys can be considered through an Official Plan amendment provided it is demonstrated that no significant adverse impacts are created with appropriate transition and minimal impacts to residential designated areas and the proposal complies with the built form policies. Matters such as extensive shadowing on residential areas, encroachments on the views of the Falls or other landowners, and wind impacts at the street level are to be addressed. Building heights are to be reduced at the periphery of the District to respect the scale and character of surrounding land uses. Further, high rise buildings are to add unique architectural features to contribute to an internationally recognizable skyline. The applicant is requesting that the subject lands be designated a Special Policy Area to permit a high-rise apartment building as a stand alone or a mixed use building up to Page 7 of 29 Page 160 of 418 77 storeys, permitting 962 residential units, a maximum gross floor area of 72,300 squares (excluding the parking structure area); and permitting a maximum floor space index of 15.6. In considering an Official Plan amendment, Council is to consider the conformity of the proposal to the general objectives of the Plan, suitability of the site or area for the proposed use, compatibility of the proposed use with adjacent land use designations, need for the use, availability of adequate municipal services, and facilities for the proposed uses and its financial implications. The proposal does not comply to the general objectives of the Official Plan as follows: • The 77 storey (245 metres) building is at the edge of an area where high-rise buildings up to 30 storeys may be considered. Such buildings are directed to the centre of the Central Tourist District; • An appropriate transition in height to the low-rise residential neighbourhood has not been provided and the studies indicate that there would be negative impacts that would result from its construction; • The wind studies indicate that wind safety criterion is exceeded at five locations at the pedestrian level along Robinson Street and Allendale Avenue (refer to Schedule 4); • When safety criterion is exceeded (greater than 90 km/hour), wind speeds will adversely affect a pedestrian’s balance and footing and presents a hazard to pedestrians. Wind mitigation is required; however, how this will specifically be achieved has not been identified by the applicant's wind consultant. Staff are concerned that the height of the tower and its 3 metre setback from Robinson Street and Allendale Avenue would not facilitate wind mitigation measures on the property; and, • The shadow study indicates the building’s shadow has extensive shadowing on multiple residential blocks in a linear pattern in the morning in March and September (refer to Schedule 5). Due to the extent of the shadowing into Residentially designated lands, the shadowing impacts cannot be considered minor. In order to address compatibility, to lessen the wind and shadow impacts associated with the proposed building’s height, to provide a better transition to low rise residential areas, and to bring the proposal in greater conformity with the objectives of the City’s Official Plan, Staff have recommended to the developer and his agent that the building’s height be reduced to 30 storeys. Revisions to the built form, as confirmed with the submission of an updated Pedestrian Wind Assessment to eliminate safety concerns, are also recommended. The applicant has proceeded with the proposal with the roof illumination screen and the day light triangle being the only changes made to the design since the first submission. Staff does not support the proposed roof illumination screen as it is not a roof feature and will result in light pollution at night, will be highly visible from residential areas in a Page 8 of 29 Page 161 of 418 significant portion of the City. The design of a roof feature should be refined to provide a distinct roof that will contribute to an internationally recognizable skyline. A separate Sign By-law amendment application for the screen (billboard) would need to be considered by Council but cannot be supported by Staff. Staff note that increases in height for other buildings have been supported that are generally located towards the centre of the tourist area. For example, the City approved a 72 storey mixed use building at the north-west corner of Stanley Avenue and Dunn Street. The 72 storey building is located about 200 metres from the periphery and its siting allows for a transition of lower commercial buildings to residential areas. The shadowing analysis submitted for this development indicated only about 4 dwelli ngs at the edge of Residential designated lands would be briefly impacted by shadowing for an hour or less. This impact is considered minimal 4. Architectural Design Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review process. The applicant’s architect submitted an Architectural Design Brief that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Following Staff’s review, it is concluded that the proposal does not conform to the Architectural Design policies contained within the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Brief and note the following: Principle 1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. The tower is articulated to provide variety to the building’s form. Light panels extend from the base of the tower to frame the structure. Along Robinson Street, a transparent glass wall is provided for a positive interface with the street. Along Allendale Avenue, at grade residential units will provide a transition to the residential uses to the west of the site. Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage. Page 9 of 29 Page 162 of 418 There is the opportunity for street tree plantings and streetscape amenities to be provided by the developer voluntarily to upgrade the pedestrian environment. Principle 3 – Skyview This principle states that maximum sky, light, and air transparency occurs with buildings that have adequate spacing and mass to avoid a feeling of a wall of development. The 77 storey building is surrounded by low-rise development. A 6 storeys (25 metres in height) podium is proposed. At the 7th storey, the tower has a 3 metre setback from Robinson Street and Allendale Avenue and 12.5 metre setback from the interior side and rear lot lines. The 3 metre setback provided at the 7th storey (a height of 24.5 metres) exceeds the Guideline requirement of having the setback above the 15 metre height to maintain pedestrian scale and assist with reducing shadowing onto municipal streets. Staff recommend that the podium height be maintained at 15 metres to be compatible with the adjacent low rise residential development. If approved, this will be captured in the amending zoning by-law. The footprint of the tower above the podium is 12,467 square feet, which slightly exceeds the 12,000 square foot outlined in the Guidelines. In addition, the width to depth ratio is 1:2.3 which is greater than the recommended 1:1.5 ratio. The Guidelines seek to provide for slender buildings to minimize a building’s mass from having an impact on the City’s skyline. Staff have no concerns with the footprint or width to depth ratio. If approved, as a condition to lift the Holding (H) provision, details of the building’s cladding will be reviewed to ensure glazing materials meet the Design Guidelines. As discussed above, the built form does not meet the Guideline skyview requirements in terms of the podium. Principle 4 – Skyline Height This principle states that the taller the building the greater the emphasis should be on slenderness and achieving a visible skyview between towers. The building is located within the Fallsview Subdistrict of the Central Tourist District where buildings to a maximum of 30 storeys in height is permitted. If approved, it would be the tallest building in a primarily low-rise residential and medium-rise commercial development area. It will be more prominent on the skyline as it is not located in the core which contains a cluster of high-rise developments. The Guideline indicates that the tallest buildings should be located within the core of the Tourist District rather than adjacent to residential communities to the west. The subject Page 10 of 29 Page 163 of 418 land is adjacent to residential communities to the west of the District and to meet the Guideline principle the building would need to be reduced in height to provide an appropriate transition to the adjacent residential community to its west. If approved, as a condition to lift the Holding (H) provision, the specific details of the roof-feature will be further developed to ensure that it will add a distinctive and interesting feature to the skyline. The roof feature would need to be captured in the amending by-law. As discussed above, the built form does not meet the Guideline skyline height requirements. Principle 5 - Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline. The proposed 77 storey tower would become the most prominent building on the City’s skyline; however, it is located away from the Falls and is two blocks west of the Skylon Tower and is not expected to obstruct views of those features. Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow. The Wind Study, by RWDI, found the proposed development’s design and height results in uncomfortable wind speeds at several locations and safety criterion is exceeded at five locations along Allendale Avenue and Robinson Street at the pedestrian level creating unsafe conditions (refer to Schedule 4). The Shadow Study indicates the shadow moves about 1-2 hours around the tower resulting in multiple residential blocks experiencing a linear shadow pattern in the morning in March and September (refer to Schedule 5). However, these shadow impacts are not considered minimal due to the extent of the shadowing that occurs on the residential areas. The Mist Dispersion Study, by RWDI, indicates that the proposed development will not negatively impact mist dispersion as the property is not located near to the Fa lls or the existing “wall” of tall buildings in the Fallsview area. As discussed above, the shadow and wind impacts resulting from the proposed development do not meet the Guideline microclimate requirements. Page 11 of 29 Page 164 of 418 A reduction in height and increased setback above the podium may assist in reducing shadowing experienced by a few properties and may assist in reducing wind impacts. Any necessary wind mitigation measures are to be located on private property and not within the municipal right-of-way. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on -site in garages. All parking associated with the proposed development is provided on-site in a parking structure. However, a reduction in parking requirements is being sought. Whereas 1,346 parking spaces are needed to meet zoning by-law requirements for the proposed residential use, the applicant is requesting a 0.74 parking rate per dwelling unit to provide 713 parking spaces. This rate would result in a deficiency of 633 parking spaces. Transportation Services cannot support the requested rate. The applicant submitted a Parking Study that is supportive of the proposed rate as lower vehicle ownership rates may be seen for seniors or lower-income residents in apartment buildings, having a lower parking rate promotes non-automotive uses, and alternative measures such as bicycle parking, car share, and transit are available for residents. Significant parking reductions have been considered where a development is located away from the periphery of the tourist area. Should parking be insufficient for the subject development, it is expected nearby residential areas will be impacted by on- street parking. As discussed above, the parking needs of the proposed development are not meet resulting in the proposal being unable to meet the Guideline parking requirements. 5. Zoning By-law The applicant has requested a new site specific TC zone be applied to the subject land to permit the proposed development. The TC zone permits hotels, restaurants, and retail uses and dwelling units above grade to a maximum of 50% of the total floor area. The departures requested from the standard TC regulations are summarized in the following table: Page 12 of 29 Page 165 of 418 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS BELOW) Permitted uses Permitted uses in the TC zone including dwelling units in combination provided not more than 50% of the total floor area is used for dwelling units and provided that the dwelling units are located entirely above the ground floor Add: Apartment dwelling as a stand alone use Dwelling units on the ground floor Eliminate the percentage of floor area requirement for residential uses above commercial levels Support with retention of commercial uses along Robinson Street Front lot line Where a lot is a corner lot and fronts onto three streets, a front yard is required on each street opposite of each other. Robinson Street shall be the front lot line for the purposes of this by-law Support Maximum lot coverage 70% 100 % Support Maximum building height 12 metres subject to section 4.7 245 metres as measured from Geodetic Elevation 140.2 metres or 77 storeys, whichever is lesser, and any roof and mechanical structures shall be in addition to this height. Cannot Support Page 13 of 29 Page 166 of 418 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS BELOW) Parking and access requirements Residential: 1.4 parking space for each dwelling unit (1346 parking spaces) Commercial: exempt All required parking to be provided on site with two levels of underground and the remaining levels above ground within the podium. Residential: 0.74 parking spaces per residential dwelling unit (713 parking spaces) Commercial: None Cannot Support Loading spaces 1 space 2 spaces Not Required Location of various building or structure components including their maximum heights and maximum number of storeys and minimum yards (setbacks) In accordance with Schedule xxx (to be drafted with the amending by- law) Support, subject to a maximum height of 30 storeys, and podium height of 15 metres, with a regulation specifying the requirement for a roof feature having a maximum height of 9 metres Amenity area Not applicable Indoor Amenity Area shall be provided at a ratio of 1.62 square metres per dwelling unit Outdoor Amenity Area shall be provided at a ratio of 10.82 Support Page 14 of 29 Page 167 of 418 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS BELOW) square metres per dwelling unit including balconies Gross floor area requirements Not applicable A maximum Gross Floor Area of 72,300 square metres is permitted, not including area associated with a parking structure Not Required Floor space index requirements Not applicable A maximum Floor Space Index of 15.6 is permitted Not Required If approved, Staff cannot support the following requested regulations: • The requested increase in building height cannot be supported as the Pedestrian Wind Study indicates that there are multiple areas where pedestrian wind levels exceed safety criterion and are uncomfortable, there is not a suitable transition and there is shadowing impact to the abutting low-rise residential neighbourhood; and, • The requested residential parking rate cannot be supported by Transportation Services as nearby residential areas may be impacted by overflow parking. Transportation Services would support a residential parking rate of 1.0 parking space per unit with additional regulations requiring 5 car share parking spaces, 1 bicycle parking space per unit, and the distribution of 10-ride transit passes to occupants of each unit which is consistent with the recommendation made for the Stanley District development. At the 1.0 parking space per dwelling unit rate, 962 parking spaces would be required; consequently, the proposed development is currently deficient by 249 parking spaces. If approved, Staff support the following requested regulations: • Staff support the provision of 7 dwelling units at grade along Allendale Avenue as it will maintain a ground level residential component to be compatible with neighbouring residential uses; • The requested removal of the percentage of floor area for residential uses above commercial uses may be supported as the podium’s Robinson Street frontage is proposed to have commercial uses which will animate the street. Residential Page 15 of 29 Page 168 of 418 uses are permitted in the designation and the amending by-law will retain TC uses and require the street level Robinson Street frontage to have TC commercial uses; • Robinson Street is the front lot line as the rear lot line does not abut a municipal street; • The requested increase in lot coverage is supported as a more urban streetscape is desired and there will be 7th storey roof top, balcony, and indoor amenity space provided for visitors and residents; • The proposed indoor and outdoor amenity area regulations are supported as it would provide amenity space for residents. Currently, the Tourist Commercial zone does not include regulations for amenity area; and, • The at grade setbacks from lot lines for the various components of the building are acceptable. Further, Staff note that: • The requested exemption for parking requirements for commercial areas is not required as the subject lands fall in an area where these uses are already exempt; • The requested loading space relief is not required as the proposal meets the regulation; and, • The requested gross floor area and floor space index requirements are not required as the Zoning By-law does not regulate these measurements. In addition, relief is required as the minimum rear yard depth where any part of the being used for residential purposes is not met (0 metres from the 6 storey podium is provided to the rear lot line whereas 12 metres is required). Staff support the 0 metres setback as the site abuts a parking lot and there will be no impact on the neighbouring lands. If the proposal is supported, Staff recommends a regulation requiring all the subject lands be deemed as one parcel. While the lands are under the same ownership and not full lots in a plan of subdivision it is expected they have merged in title, further it is understood the applicant is consolidating the lands which will provide clarity to the property’s boundaries. In addition, that the amending by-law will need to include a provision requiring a roof feature that is not less than 9 metres above the top storey and is a distinct architectural element containing no residential uses. As a Phase Two Environmental Site Assessment, Record of Site Condition, and an updated Pedestrian Wind Assessment to the satisfaction of the Niagara Region and City is required, a Holding (H) provision is needed. In addition, a Holding (H) provision is needed for an updated Shadow Study to the satisfaction of the City and to ensure the refinement of building architecture to incorporate necessary wind mitigation measures and a revised roof feature that provides a distinct terminus to the building and Page 16 of 29 Page 169 of 418 conformity to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development. Alternative Although not recommended by Staff, should Council wish to recommend approval of the application as submitted by the developer, Staff present the following recommendations for Council's Consideration: 1. That Council approve the Official Plan amendment as detaile d in this report to permit a 77 storey building (at a height of 245 metres) with 962 residential dwelling units above grade and abutting Allendale Avenue at grade; and, a minimum of 516 square metres of commercial floor area front Robinson Street at grade, subject to: • The maximum building height of 245 metres or 77 storeys, whichever is lessor; • The maximum podium height being 15 metres in height; • That a minimum of two step-backs within the tower above the 30th floor be provided. The location of the two step-backs is to be determined through the refinement of the building architecture to incorporate necessary wind mitigation measures and conform to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development, and as such is an item required prior to the lifting of the Holding (H) provision; • That the exterior side yard setback and front yard depth setback of the tower be a minimum 10 metres, or greater as required to implement the recommendations of the revised Pedestrian Wind Assessment, as approved by the Niagara Region and City; • That a residential parking rate of 1.0 parking space per dwelling unit, 5 car share parking spaces, 1 bicycle parking space per dwelling unit, and the distribution of 10-ride transit passes to the occupants of each unit; • That the amending zoning by-law require a Holding (H) provision to be applied for the following items: a Phase Two Environmental Site Assessment, Record of Site Condition and an updated Pedestrian Wind Assessment to the satisfaction of the Niagara Region and City; an updated Shadow Study to the satisfaction of the City limiting shadow impacts for residential designated properties within two blocks of the proposed development to an 1 hour or less; an updated Traffic Impact Study to the satisfaction of the City; to ensure the refinement of building architecture to incorporate necessary wind mitigation measures and a revised roof feature that provides a distinct terminus to the building and conformity to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development; and, the inclusion of archaeological, noise, and traffic volume (regarding operational constraints at Ferry Street and Allendale Avenue/Stanley Avenue), and parking restriction warning clauses in site plan and condominium agreements. Page 17 of 29 Page 170 of 418 2. That Council approve the requested Zoning By-law amendment, subject to the following regulations: (a) permitting dwelling units on the ground floor at grade abutting Allendale Avenue with no percentage of floor area requirement for residential uses above the ground floor; (b) requiring a minimum of 516 square metres of commercial floor area for non-residential tourist commercial uses for the frontage abutting Robinson Street; (c) deem Robinson Street to be the front lot line for the purposes of the amending by-law; (d) maximum lot coverage of 100%; (e) maximum building height of 245 metres or 77 storeys, whichever is the lesser with a maximum podium height of 15 metres and a maximum roof feature height of 9 metres; (f) residential parking rate of 1.0 parking space per dwelling unit , 5 car share parking spaces, 1 bicycle parking space per dwelling unit, and the distribution of 10-ride transit passes to the occupants of each unit; (g) Location of various building or structure components including their maximum heights and maximum number of storeys and minimum yards (setbacks) in accordance with proposed amending by-law with the minimum two step-backs above 30 storeys identified on the Schedule with a note to be determined upon the completion of an updated Pedestrian Wind Assessment to the satisfaction of the Niagara Region and City and conformity to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to the satisfaction of the City's General Manager of Planning, Building, and Development; (h) minimum indoor amenity area be provided at a ratio of 1.6 square metres per dwelling unit; (i) minimum outdoor amenity area be provided at a ratio of 10.8 square metres per dwelling unit including balconies; (j) minimum rear yard setback of 0 metres (at-grade); (k) minimum exterior yard setback of 0 metres (at-grade); (l) minimum front yard depth of 0 metres (at-grade); (m) all the land be deemed as one parcel for the purposes of the by-law; and, (n) a Holding (H) provision is to be applied for the following items: a Phase Two Environmental Site Assessment, Record of Site Condition and an updated Pedestrian Wind Assessment to the satisfaction of the Niagara Region and City; an updated Shadow Study to the satisfaction of the City limiting shadow impacts for residential designated properties within two blocks of the proposed development to an 1 hour or less; an updated Traffic Impact Study to the satisfaction of the City; to ensure the refinement of building architecture to incorporate necessary wind mitigation measures and a revised roof feature that provides a distinct terminus to the building and conformity to the City's Tourism Policy Review Implementation Handbook and Official Plan design policies to Page 18 of 29 Page 171 of 418 the satisfaction of the City's General Manager of Planning, Building, and Development; and, the inclusion of archaeological, noise, traffic volume (regarding operational constraints at Ferry Street and Allendale Avenue/Stanley Avenue), and parking restriction warning clauses in site plan and condominium agreements. 3. That Council remove the property known as 5602 Robinson Street from the Municipal Registrar of listed properties. Operational Implications and Risk Analysis The exceedance of safety criteria with regards to public sidewalk wind impacts may place the City at liability should injury to pedestrians occur. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication, new tax assessment, and community benefits contribution for the City. Strategic/Departmental Alignment The proposed development, if reduced in height to 30 storeys or less, with the provision of supportive studies, would support the Diverse Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. List of Attachments SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 Written by: Julie Hannah, Senior Manager of Current Planning Submitted by: Status: Jason Burgess, CAO Approved - 13 Apr 2023 Page 19 of 29 Page 172 of 418 SCHEDULE 1 Location Map N Page 20 of 29 Page 173 of 418 SCHEDULE 2 Site Plan N Page 21 of 29 Page 174 of 418 SCHEDULE 3 Elevations East Elevation (Stanley) North Elevation (Robinson) Massing (North West view) Page 22 of 29 Page 175 of 418 West Elevation (Allendale) South Elevation Massing (South East view) Page 23 of 29 Page 176 of 418 SCHEDULE 4 Wind Study- Safety Criterion Exceeded Locations Page 24 of 29 Page 177 of 418 SCHEDULE 5 Shadow Studies Page 25 of 29 Page 178 of 418 Page 26 of 29 Page 179 of 418 Page 27 of 29 Page 180 of 418 Page 28 of 29 Page 181 of 418 Page 29 of 29 Page 182 of 418 Address: 5602, 5582 & 5592 Robinson Street and Part of 6158 Allendale Avenue Applicant: Fudzi International Group Inc. Proposal: To apply a special policy area and rezone to permit a 77 storey building Official Plan & Zoning By-law Amendment Application AM-2022-012 Page 183 of 418 A GREAT CITY…FOR GENERATIONS TO COME Background –Approximately 0.3 ha of land –Official Plan Amendment: •To permit a 77 storey apartment or mixed-use building: –962 residential dwelling units –Maximum gross floor area of 72,300 square metres (excluding parking structure) –Maximum floor space index of 15.6 –Zoning By-law Amendment: •Requesting a site specific Tourist Commercial (TC) zone Page 184 of 418 A GREAT CITY…FOR GENERATIONS TO COME Location Detached dwellings Commercial use Parking lot PROPOSED DEVELOPMENT Hydro One corridor Page 185 of 418 A GREAT CITY…FOR GENERATIONS TO COME Site Plan 6 storey podium 77 storey tower Road widening Page 186 of 418 A GREAT CITY…FOR GENERATIONS TO COME Wind Safety Criterion Exceeded Locations Page 187 of 418 A GREAT CITY…FOR GENERATIONS TO COME Shadow Study 10 am -4 pm March September Page 188 of 418 A GREAT CITY…FOR GENERATIONS TO COME Elevations View from AllendaleView from Robinson View from Stanley Page 189 of 418 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning -TC-XX SUPPORT Min. rear yard depth (at grade) Proposed: 0 m Required: 10 m SUPPORT Max. lot coverage Proposed: 100% Permitted: 70% Deem as Front Lot Line SUPPORT Indoor and outdoor amenity area (not regulated in Zoning By-law) CANNOT SUPPORT Max. building height Proposed: 245 m/ 77 storeys Permitted: 12 m SUPPORT Max. building height 30 storeys, a maximum podium height of 15 m, with maximum 9 m high roof feature CANNOT SUPPORT Residential Parking Rate: 0.74 parking spaces/dwelling unit SUPPORT 1 parking space/dwelling unit and 5 car share parking spaces, 1 bicycle parking space per dwelling unit and distribution of 10-ride transit pass to each unit SUPPORT -TC uses along Robinson -Dwelling units at grade on Allendale -Eliminate % dwelling units above grade Tower Setbacks-Depicted on schedule. Staff recommend greater front yard and exterior side yard setback than shown.Page 190 of 418 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council not approve the Official Plan amendment. 2.That Council approve the Zoning By-law amendment, subject to limiting the building height to 30 storeys, the podium height to 15 metres, and subject to the recommended parking rate and other regulations outlined in the report. 3.That Council remove the property known as 5602 Robinson Street from the listed heritage properties contained in the Municipal Registrar.Page 191 of 418 1 REZONING ARPIL 2 20222REZONING SUB #2 FEB 2 2023 Statutory Public Meeting Official Plan & Zoning By-law Amendment 5602 & 5592 Robinson Street and Part of 6158 Allendale Avenue City of Niagara Falls April 18, 2023 Page 192 of 418 1 REZONING ARPIL 2 20222REZONING SUB #2 FEB 2 2023 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 Vision To create an architectural icon that contributes to the evolving and internationally recognizable skyline with new housing options, urban amenities, and modern commercial uses to help activate the streets at the corner of Robinson Street and Allendale Avenue Page 193 of 418 Provide additional urban housing options for the City and neighbourhood Intensify an underutilized parcel Support the economic growth of the City and Region Objectives Page 194 of 418 Objectives Ensure a mix of unit types to accommodate lifestyle choice Provide ground-related commercial uses Create more active street frontages along Robinson Street and Allendale Avenue Page 195 of 418 ~400m~800m Ferry St Mai n St Drummond RdStanley AveDorchester RdDun n St Niagara PkwyFallsview BlvdNi a g a r a Ve t r a n s M emorial Hwy R o bi n s o n St M u r r ay S t Ferry St Mai n St Drummond RdStanley AveDorchester RdDun n St Niagara PkwyFallsview BlvdNi a g a r a Ve t r a n s M emorial Hwy R o bi n s o n St M u r r ay S t Subject Site Transit Hub Bus Routes and stops within ~400m Amenities Grocery Stores Schools Banks Medical Buildings Pharmacies Places of Worship Restaurants Legend Subject Lands Page 196 of 418 DO NOT SCALE DRAWINGS. USE ONLY DRAWINGS MARKED "ISSUED FOR CONSTRUCTION". VERIFY CONFIGURATIONS AND DIMENSIONS ON SITE BEFORE BEGINNING WORK. NOTIFY ARCHITECT IMMEDIATELY OF ANY ERRORS, OMISSIONS OR DISCREPANCIES. CHAMBERLAIN ARCHITECT SERVICES LIMITED AND CHAMBERLAIN CONSTRUCTION SERVICES LIMITED HAVE SIMILAR OWNERSHIP. CHAMBERLAIN ARCHITECT SERVICES LIMITED HAS COPYRIGHT. CONSTRUCTING A SUBSTANTIALLY SIMILAR BUILDING WITHOUT PERMISSION MAY INFRINGE THE COPYRIGHT OWNER'S RIGHTS. MAKING MINOR CHANGES TO PLANS DOES NOT NECESSARILY AVOID COPYRIGHT INFRINGEMENT. INNOCENT INFRINGEMENT IS NOT A DEFENSE TO COPYRIGHT INFRINGEMENT. © SEAL SHEET NAME START DATE DRAWN BY CHECKED BY SCALE PROJECT NO. DRAWING Chamberlain Architect Services Limited4671 Palladium Way (Unit 1)Burlington, Ontario. L7M 0W9CANADAPhone: 905.631.7777www.chamberlainIPD.com ArchitectsConstructorsManagers 4/19/2022 11:58:07 AMC:\Users\asipos\Documents\121034 - Niagara77 - Site - revised - 2022.03.30_asiposJLGP9.rvtA.203 RENDERINGS SM ME 121034 NIAGARA 77 - CONDO & HOTEL STANLEY AVENUE, NIAGARA FALLS JAN 2022 NO.ISSUED DATE VIEW OF EAST ELEVATION VIEW OF NORTH-WEST CORNERVIEW OF NORTH ELEVATION AT GROUND LEVEL VIEW OF NORTH-EAST CORNER VIEW OF EAST ELEVATION FROM NORTH-EAST VIEW OF EAST ELEVATION FROM NORTH-EAST Planning Policy Overview Page 197 of 418 N i a g a r a R i v e r CANADA UNITED STATES OF AMERICA W e lla n d R iv e rBEECHWOODRDSTPAULAVBEAVERDAMSRD THOROLD S T O N E R D PORTAGE RD M I L L E R R D CHIPPAWACREEKRD M O R R I S O N S TSTANLEY AVPORTAGERDRIVERRD BECK RDVICTORIA AVSTANLEYAVLUNDY'S LNTAYLOR RDDORCHESTER RDDORCHESTER RDLY O N S C R EEK R D M A R S H A L L R D M C L E O D R D D U N N S T WILLOUGHBY DROAKWOODDRTHOROLDSTONERD LEGENDS WY NI AGARARIVERPYNIAGARARIVERPYKALAR RDKALAR RDKING RDCARL RD D E T E N B E C K R D C H IP P A W A P Y MCLEOD RD NETHERBY RDMORRIS RDSCHISLER RD BROWN RD DRUMMOND RDMOUNTAINRD STANLEY AVM O R N I N G S TA R R DCROWLAND AVORT RDYOUNG RDMONTROSE RD420HY RIDGERD B A K E R R D S O M E R V I L L E R D MISENER RDNIAGARARIVERPYMEWBURNRDWILLODELL RDSODOM RDSODOM RDSTANLEY AVORT RDBIGGAR RD YOKOM RDMCKENNEY RDS H E R K R D S A U E R R D MONTROSE RDMONTROSE RDMCKENNEY RDMORRIS RDS C H I S L E R R DGARNER RDGARNERRDTHOROLD TOWNLINE RDW E A V E R R DQUEENELIZABETHWY QUEEN ELIZABETH WYQUEENELIZABETHWYQUEENELIZABETHWYQUEENELIZA B E T H W YNIAGARARIVERPYCITY OF THOROLD CITY OF WELLAND TOWN OFNIAGARA-ON-THE-LAKE CITY OF PORT COLBORNE TOW N OF FORT ERIE Transit StationSecondary Plansee Schedule A-5 37I 37A 5113 14 8 37D 2 1 76 15 4 5 58 56 61 60 59 6267 66 64 42 41 48 40 46 44 52 50 55 54 20 16 18 21 19 24 23 31 28 25 2627 33 32 36 35 45 47 38 37H 37G 37C 37K 37B 37E 37F 17 3 37J 39 12 70 5363 34 72 71 69 74 Garner South Secondary Plan see Schedule A-3 Riverfront Seco ndary Plan se e Sch edule A-6 Grand Niagara Secondary Plan see Schedule A-4 68 68 Schedule Ato th e O ffi cial P lanFUTURE LAND USE PL A N NING & D E V E L OPME N T DIV IS IO N U pd ate d to: Ja nu ary 20 20 K:\S ou rce Data \Sh a pe s\OP\Sch ed ul e A \OP Sch ed ul e _A_11x 17 .m xd 0 3 Km Leg endEnvironmental Conse rvat ion AreaEnvironmental Prot e c ti on AreaExtractive I ndustr ia lGood G eneral Agricu l tur eIndustrialMajor Co mme r cial Minor Co mme r cial Nia gar a Es c ar pment Pl an A re a Ope n Space Parkway Residen t ial Residen t ial Resort C ommer cial Theme P ark Mar inel a nd Tour ist Commer cial Intake Prot ec t ion Zone IPZ-1 Sec onda r y Pla n Area Special Pol icy A rea Urban Area Boundar y NOTE: THIS MAP MUST BE READ IN CONJUNCTI ON W ITH T HE WRITTEN TEXT OF THE OFFICIAL PLAN APPROVED O CTO BER 1 9 93 UPDATED TO November 2019 / 1:5 5,00 0Scale SUBJECT SITE Nia ga r a Ri ve r CANADA UNITED STATES OF AMERICA W e lla n d R iv e rBEECHWOODRDSTPAULAVBEAVERDAMSRD THOROLD STONE RD PORTAGE RD MI L LE R R D CHIPPAWACREEKRD MORRISONSTSTANLEY AVPORTAGERDRI VERRDBECK RDVICTORIA AVSTANLEYAVLUNDY'S LNTAYLOR RDDORCHESTER RDDORCHESTER RDLYONS C R EEK R D MA RS HA L L R D MCLEOD RD DUNNST WILLOUGHBY DROAKWOODDRTHOROLDSTONERD LEGENDS WY NI AGARARIVERPYNIAGARARIVERPYKALAR RDKALAR RDKING RDCARL RD DE TENB E CK RD C H IP P A W A P Y MCLEOD RD NETHERBY RDMORRIS RDSCHISLER RD BROWN RDDRUMMOND RDMOUNTAINRD STANLEY AVM O R N ING S TAR RDCROWLAND AVORT RDYOUNG RDMONTROSE RD420HY RIDGERD BAKER R D SO M E R VIL L E R D MISENER RDNIAGARARIVERPYMEWBURNRDWILLODELL RDSODOM RDSODOM RDSTANLEY AVORT RDBIGGAR RD YOKOM RDMCKENNEY RDSH ER K R D SAUER RD MONTROSE RDMONTROSE RDMCKENNEY RDMORRIS RDSCHISLER RDGARNER RDGARNERRDTHOROLD TOWNLINE RDWE AV ER RDQUEEN E L I Z A B E T H WY QUEEN ELIZABETH WYQUEENELIZABETHWYQUEENELIZABETHWYQUEENELIZABE T H W YNIAGARARIVERPYCITY OF THOROLD CITY OF WELLAND TOWN OFNIAGARA-ON-THE-LAKE CITY OF PORT COLBORNE TOWN OF FORT ERIE Transit Station Secondary Plan see Schedule A-5 37I 37A 5113 14 8 37D 2 1 7 6 15 4 5 58 56 61 60 59 62 67 66 64 42 41 48 40 46 44 52 50 55 54 20 16 18 21 19 24 23 31 28 25 262733 32 36 35 45 47 38 37H 37G 37C 37K 37B 37E 37F 17 3 37J 39 12 70 5363 34 72 71 69 74 Garner South Secondary Plan see Schedule A-3 Riverfront Secondary Plan see Schedule A-6 Grand Niagara Secondary Plan see Schedule A-4 68 68 Schedule Ato the Official Plan FUTURE LAND USE PLANNING & DEVELOPMENT DIVISION Updated to: January 2020 K:\SourceData\Shapes\OP\Schedule A\OPSchedule_A_11x17.mxd 0 3 Km Legend Environmental Conservation Area Environmental Protection Area Extractive Industrial Good General Agriculture Industrial Major Commercial Minor Commercial Niagara Escarpment Plan Area Open Space Parkway Residential Residential Resort Commercial Theme Park Marineland Tourist Commercial Intake Protection Zone IPZ-1 Secondary Plan Area Special Policy Area Urban Area Boundary NOTE: THIS MAP MUST BE READ IN CONJUNCTION WITH THE WRITTEN TEXT OF THE OFFICIAL PLAN APPROVED OCTOBER 1993 UPDATED TO November 2019 / 1:55,000Scale City of Niagara Falls: Official Plan Schedule A – Land Use • The subject lands are designated ‘Tourist Commercial’. • The vision of the Niagara Falls Tourist Area includes the creation of a world- class tourism destination in the form of a modern urban centre located within the area’s natural landscapes Page 198 of 418 SUBJECT SITE City of Niagara Falls: Official Plan Schedule A2 – Urban Structure • The subject lands are located within the Urban – Built-Up Area of the City • Growth and intensification is directed to the Urban – Built-Up Area to meet projected housing, population and employment targets Page 199 of 418 SUBJECT SITE City of Niagara Falls: Official Plan Schedule B – Phasing Plan • The subject lands are located within the existing municipal service area • The City provides opportunities for increased densities within the Urban – Built-Up Area Boundary to make efficient use of existing infrastructure, buildings and available transit Page 200 of 418 SUBJECT SITE City of Niagara Falls: Official Plan Schedule E – Tourism Districts • The subject lands are in the Central Tourist District and Fallsview Central Tourist Subdistrict. • The Fallsview Subdistrict shall function as the primary location for large-scale accommodations, entertainment, retail and cultural attractions. • The Fallsview Subdistrict is one of the primary locations for multiple family residential developments in the Tourist Area. • The highest buildings in the City are directed to this area to create an internationally recognizable skyline and to support the extent of municipal infrastructurePage 201 of 418 SUBJECT SITE City of Niagara Falls: Official Plan Figure 4 – Height Strategy • Map of where the tallest buildings in the City are intended to be built. • The subject lands are in the High-Rise Strategy area of the Central Tourist district. • In this area, buildings are permitted up to 30-storeys. • However, there are no strict height limits. • Additional height above 30-storeys may be permitted provided certain community benefits are provided and the general intent of the Official Plan policies are maintainedPage 202 of 418 SUBJECT SITE City of Niagara Falls: Official Plan Zoning By-law No. 79-200 Tourist Commercial “TC” • The subject site is zoned Tourist Commercial “TC”, with some existing special exceptions. • TC zone permits wide range of tourist / commercial type uses including entertainment, retail, service commercial, restaurants, convention centres, hotels, motels and tourist uses. • TC zone also permits residential dwelling units in a mixed-use building. • Council can consider the allocation of additional building heights through site- specific Zoning By-law amendments Page 203 of 418 Required Official Plan and Zoning By-law Amendment Official Plan Amendment Zoning By-law Amendment • Increase the maximum permitted height and secure community benefits as set out in the Official Plan • To create site-specific exceptions for: • Ratio of commercial vs. residential uses on the lands • Maximum height • Maximum lot coverage • Setbacks • Parking and access requirements • Loading area requirements • Other provisions to accommodate the proposalPage 204 of 418 DO NOT SCALE DRAWINGS. USE ONLY DRAWINGS MARKED "ISSUED FOR CONSTRUCTION". VERIFY CONFIGURATIONS AND DIMENSIONS ON SITE BEFORE BEGINNING WORK. NOTIFY ARCHITECT IMMEDIATELY OF ANY ERRORS, OMISSIONS OR DISCREPANCIES. CHAMBERLAIN ARCHITECT SERVICES LIMITED AND CHAMBERLAIN CONSTRUCTION SERVICES LIMITED HAVE SIMILAR OWNERSHIP. CHAMBERLAIN ARCHITECT SERVICES LIMITED HAS COPYRIGHT. CONSTRUCTING A SUBSTANTIALLY SIMILAR BUILDING WITHOUT PERMISSION MAY INFRINGE THE COPYRIGHT OWNER'S RIGHTS. MAKING MINOR CHANGES TO PLANS DOES NOT NECESSARILY AVOID COPYRIGHT INFRINGEMENT. INNOCENT INFRINGEMENT IS NOT A DEFENSE TO COPYRIGHT INFRINGEMENT. © SEAL SHEET NAME START DATE DRAWN BY CHECKED BY SCALE PROJECT NO. DRAWING Chamberlain Architect Services Limited4671 Palladium Way (Unit 1)Burlington, Ontario. L7M 0W9CANADAPhone: 905.631.7777www.chamberlainIPD.com ArchitectsConstructorsManagers 4/19/2022 11:58:07 AMC:\Users\asipos\Documents\121034 - Niagara77 - Site - revised - 2022.03.30_asiposJLGP9.rvtA.203 RENDERINGS SM ME 121034 NIAGARA 77 - CONDO & HOTEL STANLEY AVENUE, NIAGARA FALLS JAN 2022 NO.ISSUED DATE VIEW OF EAST ELEVATION VIEW OF NORTH-WEST CORNERVIEW OF NORTH ELEVATION AT GROUND LEVEL VIEW OF NORTH-EAST CORNER VIEW OF EAST ELEVATION FROM NORTH-EAST VIEW OF EAST ELEVATION FROM NORTH-EAST Proposed Development Page 205 of 418 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 Project Overview Page 206 of 418 1 REZONING ARPIL 2 20222REZONING SUB #2 FEB 2 2023 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 Page 207 of 418 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 1 REZONING ARPIL 2 2022 2 REZONING SUB #2 FEB 2 2023 Architectural DesignPage 208 of 418 1 REZONING ARPIL 2 20222REZONING SUB #2 FEB 2 2023 Architectural DesignPage 209 of 418 77 storeys 224.1 metres to top of roof 713 Spaces 0.74 spaces per unit Max. Building Height 72,300 m2 Gross Floor Area 71,784 m2 Residential 516 m2 Commercial Floor Area 23.6 FSI (Floor Space Index)Density 1,118 m2Indoor Amenity Space 10,536 m2Outdoor Amenity Space 962 Units 235 1-bedroom 309 1-bedroom + Den 305 2-bedroom 103 2-bedroom + Den 3 Penthouse Suites 7 Townhouses (Allendale Ave) New Dwelling Units 368 SpacesBicycle Parking 1,555 m2Landscaped Area Vehicular Parking Key Statistics Page 210 of 418 Site Plan Page 211 of 418 Design & Elevations Page 212 of 418 Supporting Studies Bousfields Inc. Planning & Urban Design Rationale Report Paradigm Transportation, Traffic, and Parking Studies Chamberlain Shadow Study MTE Civil Engineering Studies, Reports, and Plans Terraprobe Inc. Geotechnical Investigation & Environmental Site Assessments RWDI Wind and Mist Studies, Noise and Vibration Impact Studies wood. Cultural Heritage Impact Assessment James McWilliam Landscape Design J.D.Barnes Surveys Page 213 of 418 Where We Are At Municipal Review ProcessInitial Design/ Concept Plan Recommendation Report to Council (April 18, 2023) Application Deemed Complete (June 16, 2022) Pre-Application Consultation Meetings with City Staff (September 16, 2021) Application submission (May 6, 2022) Design Review Meeting with City Staff (August 5, 2022) Application re-submission(s) (February 3, 2023) Comments Received (Ongoing) Design Refinement (Fall/Winter 2022) We Are Here! Public Open House (November 1, 2022)Page 214 of 418 1 REZONING ARPIL 2 20222REZONING SUB #2 FEB 2 2023 Thank you Questions or Comments?Page 215 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re PBD-2023-24 7.3 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:04 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re PBD-2023-24 7.3 PBD-2023-24 These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #7.3. Council, I have reviewed all the comments on this matter and my instinct says approve the building height of 77 stories, but with one caveat, the development can not produce those wind velocities at pedestrian level. Just mandate (H) that the building needs to be designed to eliminate them. Designers are good at those things. No public disapproval. It would appear the surrounding neighborhood does not share the same ap prehensions as city staff concerning the development. The pictures below shows the surrounding area. No new house will ever be built in that area. Even though it is on the fringe of the zone, there is actually a large buffer zone from that site to the core residential built up areas. Sure it would currently be an isolated development and stand out but it would be no different then the Doubletree development, its just out there with nothing beside it. Need to think long term, from that site to the river is eventually going to be populated with these type of buildings. I prefer to define borders, this would certainly define the western side of these types of developments. Those hydro lines are a perfect demarcation line, no transition in height is need. I wouldn't even be to concerned about those architectural development requirements, this site is too far away from the falls to influence tourism or the cities river view skyline. As far as parking is concerned, one space per unit is always preferred, just stick to your guns on this one. Again, designers are good at solving those issues. As far as the issue of no close public transportation, it will take years for this development to be realized, the Region can implement a bus route if the need arises. I consider this location a prime site to accommodate a large number of units, the traffic flow can easily disperse from the site unlike the developments that will eventually occur to the east. Page 216 of 418 2 The shadowing from tall buildings is more an issue to close properties, the further away the shadow move faster. There are not enough buildings close enough to restrict the development of nearly 1000 units into the city, and the tax base increase. I wish you would require this development to provide at least one affordable housing unit to set the precedent so this concept of mandating affordable housing can move from a theory to practice. 1% is a far cry from 40% but you have to start somewhere sometime. I would just like to mention, since being active with council matters I have not known a developer to pursue such a proposal with staff so adamantly opposing the core development characteristics, I got the impression they are prepared to by-pass council and go directly to the OLT and that this matter before council is just a formality, they may also already know a majority of the council is in favor of the proposal. Could be wrong I suppose. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 217 of 418 MW-2023-09 Report Report to: Mayor and Council Date: April 18, 2023 Title: AMO-LAS Private Water and Sewer Service Line Warranty Program Recommendation(s) 1. That Report MW-2023-09 regarding the private water and sewer service line warranty program offered by AMO-LAS be received for information; and further, 2. That Council authorize the General Manager of Municipal Works/City Engineer to enter into an agreement with Service Line Warranties of Canada, Inc., attached as Appendix A to Report MW-2023-09, to offer the private water and sewer service line warranty program to City of Niagara Falls residents. Executive Summary Municipal Works Staff regularly encounter residents who are surprised to learn that they are responsible for water and sewer service lines between the property line and their residence. This is a concern particularly as a large portion of the post-wartime housing stock ages, and consequently many of the associated water and sewer lines are also expected to reach the end of their useful lives. Staff expect that the frequency of unsuspecting residents encountering financial hardships for costly water and sewer line repairs is expected to increase. In response, Staff have explored an opportunity to offer residents with a low -cost, no- obligation warranty program to assist with the repairs and replacements to private side water and sewer service lines, and in-home plumbing. Service Line Warranties of Canada (SLWC), a vendor of choice by the Association of Municipalities of Ontario (AMO) and their subsidy Local Authority Service (LAS) presently offer this program in seventy other Ontario municipalities. The program provides homeowners with full coverage for repairs or replacement to their water and sewer lines at a modest monthly cost of $6.00 (water line), $8.00 (sewer line), and $9.00 (in -home plumbing). In order to initiate the program, Municipal endorsement is required. Although the City has no jurisdiction nor mandated interests in this service, Staff believe that this program is a positive offering to residents and therefore recommend that Council endorse the program. Background Page 1 of 15 Page 218 of 418 The City of Niagara Falls water distribution and wastewater collection system currently includes over 60,000 residential service connections. Residential property owners are responsible for the maintenance of the buried water and sewer lines that run from the property line into their home. When these lines break, leak or become obstructed, the homeowner is often surprised to learn that it is not a municipal responsibility, and most home insurance policies will not cover the expensive repair/replacements of these pipes. Some policies will allow homeowners to add on this type of rider, however there is an expensive deductible and many exclusions (for example, most companies will not cover frozen service pipes). Currently, if a resident has an issue with water or wastewater service, they typically contact Municipal Works for an immediate response. At this point during Municipal Works' investigation, if it is determined that the contributing issue is on the municipal side of the property line, the cost for the investigation is assumed by the municipality and City resources are used to address and resolve the issue. If the issue is determined to be on the private side of the property line, the resident is advised to contact a local service provider (i.e. plumber), who will in turn, determine the source of the issue. All work on private property is the responsibility of the resident. This can be a time consuming and costly process. The average cost to replace a water line in Niagara Falls is $2,500-$4,000 while the average cost to replace a sewer line is $4,000-$7,000. Service Line Warranties of Canada has been endorsed as a vendor of choice by the Local Authority Service (LAS). LAS was established in 1992 by the Association of Municipalities of Ontario (AMO). LAS works with Ontario’s municipalities to provide vendors of choice that leverage economies-of-scale and cooperative procurement efforts. Most municipalities can use this procurement process to access vendors for specific services for aggregated buying power. Recently, Service Line Warranties of Canada (SLWC) has also become a corporate partner of the Federation of Canadian Municipalities. SLWC is the only company in Canada presently providing this type of coverage as a warranty. Council would not be favouring SLWC over another provider, if put to an RFP, they would be the only responder for Canada. AMO-LAS approached SLWC after their partnership with City of Hamilton to agree to offer this pricing to all Ontario residents after the same partnership was put in place. The services include water service lines, sewer laterals, and even internal home plumbing and drainage repair and replacement services. With the SLWC model, work is always performed by licensed contractors (local where available), to ensure a timely response and adherence to local code requirements. For a fixed monthly fee, the Warranty Provider (SLWC) will perform any repairs required to the private buried infrastructure. If the resident is a member of a service line warranty program the first point of contact for repair work would be SLWC, who would be responsible for facilitating the diagnosis and repair of the issue, if on the private side. SLWC would also liaise directly with municipal staff for any repairs required on the municipal side on behalf of the resident. This is a turnkey program, administered solely by SLWC about customer service, billing etc. and no municipal funds are used, with minimal staff resources. Page 2 of 15 Page 219 of 418 This program is designed and currently offered to residential properties tied to municipal water and wastewater systems as well as to residential properties on private systems (i.e. well, cistern or septic). A list of frequently asked questions for Council and staff has been provided in Appendix B. Neighbouring municipalities who have adopted the program or are in the process of adopting the program are provided in Appendix C. Analysis To participate in this program, municipal endorsement of the program model is required. The endorsement allows Service Line Warranties of Canada to credibly market the program to residential property owners. There is no direct participation cost to the municipality. The program allows for the municipality to receive a nominal fee from SLWC in exchange for its endorsement of the service and to compensate for any staff time which may be spent offering customer service by answering questions about the program. SLWC provides an onboarding and training call for staff prior to launching the program. A contractual agreement is required between the City of Niagara Falls and Service Line Warranties of Canada (SLWC). The contractual agreement permits SLWC to present the warranty services being offered utilizing the City’s name, logo, and residential contact information. SLWC purchases this list from a third party, and the City is not asked to provide any resident data outside of confirming postal codes and reviewing the list. The proposed term of the Contract between the Municipality and SLWC is 3 years with an option to renew after the first contract expires. There would be no warranty contract between the Municipality and the resident. It is essentially a service pledge between SLWC and the resident. The Warranty Provider (SLWC) further undertakes to indemnify the City and staff against claims, actions and suits. The City’s contract and the resident’s contract can be cancelled at any time. Niagara Falls homeowners are under no obligation to participate in the SLWC program; however, they are encouraged to check their homeowner policy and find out what coverage they currently have for their water, sewer and internal plumbing and speak with their insurer to check what their options are. Operational Implications and Risk Analysis Minor customer service and administration impacts are expected to assist custom ers with program inquiries. Communications staff will play an important role in coordinating the advertising and sharing the program to the public. Financial Implications/Budget Impact There are no direct costs associated with the implementation or operation of the program to the City. As previously noted, the increase in staff time to get the program up and running and to offer customer service is potentially offset by a royalty. The royalty consists of 5% of the revenue collected from residential property owners enrolled in the program. Page 3 of 15 Page 220 of 418 The initial cost of the program, along with coverage caps, for residential homeowners is as follows: Sewer Service Line (coverage cap $8,000 per incident) • $8.00 per month; $96.00 annually Water Service Line (coverage cap $5,000 per incident) • $6.00 per month; $72.00 annually In-home plumbing (coverage cap $3,000 per incident) • $9.00 per month; $108.00 annually SLWC's records indicate that traditionally only 1% of claims exceed the coverage cap. Agreements with SLWC allow for modest price increases tied in with inflation/CPI. Since 2014, SLWC has denied very few claims. Strategic/Departmental Alignment This initiative aligns with the strategic pillar for Customer Service 2.0 as it provides a no - obligation, low-cost opportunity to assist private property owners with repair and replacement of their water and sewer service lines, and in-home plumbing. List of Attachments Appendix A: Agreement Appendix B: FAQ SLWC Partnership Overview - 2023 Appendix C: SLWC Partner List March 2023 Written by: Erik Nickel, Director of Municipal Works Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 06 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 4 of 15 Page 221 of 418 1 MARKETING AGREEMENT This MARKETING AGREEMENT (“Agreement”) is entered into and made effective as of _______________ (“Effective Date”), by and between the City of Niagara Falls, Ontario (“Municipality”), and Service Line Warranties of Canada, Inc. (“SLWC,” and together with Municipality, the “Parties,” and each, a “Party”). WHEREAS, SLWC has entered into a Master Contract with Local Authority Services, a not-for-profit corporation under the laws of Canada and an affiliate of the Association of Municipalities of Ontario, to provide services to participating Ontario municipalities; WHEREAS, individual, residential property owners within Municipality’s geographical boundaries (“Customer(s)”) are responsible for sewer and water line laterals between the mainlines and the connection to their property; WHEREAS, Municipality desires to offer Customers the opportunity to purchase plans to repair such lines as set forth in Exhibit A or as otherwise mutually agreed by the Parties in writing (including by email) (“Plan(s)”); and WHEREAS, SLWC has agreed to provide the Plans to Customers subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: 1. Purpose. Municipality grants to SLWC the right to offer and market service Plans to Customers within Municipality’s geographical boundaries subject to the terms and conditions of this Agreement. Municipality agrees to provide SLWC with the applicable postal codes encompassing its municipal boundaries. During the Term, SLWC shall conduct marketing campaigns at the times and prices indicated on Exhibit A attached hereto or as otherwise mutually agreed by the Parties in writing (including by email). 2. Municipality Obligations. Municipality grants to SLWC a non-exclusive license (“License”) to use Municipality’s designated names, symbols, trademarks, service marks, logotypes, trade names and insignias owned by Municipality or its affiliates, which may include the use of Municipality’s logo and name in advertising (including in digital marketing, which may be done jointly by Municipality and SLWC, e.g., on SLWC’s websites or social media sites, and on Municipality’s websites or social media sites), in signature lines, and in marketing materials to be sent to Customers, all at SLWC’s sole cost and subject to Municipality’s prior review and approval, which will not be unreasonably conditioned, delayed, denied, or withheld. In consideration of the compensation set forth in Exhibit A ('Compensation'), any other fees, and SLWC’s marketing activities, Municipality shall not advertise, promote, administer, offer, or sell, directly or indirectly, any plan s that are the same as, or substantially similar to, the Plans during the Term. In the event that Municipality extends a similar license to a competitor of SLWC during the Term, Municipality shall provide thirty (30) days’ written notice prior to such grant of license and SLWC may immediately terminate this Agreement. 3. Term; Termination. The term of this Agreement shall be for the number of years in Exhibit A commencing with the Effective Date (“Initial Term”). The Agreement will automatically renew for the additional one (1) year terms, unless one of the Parties gives the other written notice at least ninety (90) days prior to the end of the then current term (each a “Renewal Term” and collectively with the Initial Term, the “Term”) that the Party does not intend to renew this Agreement. In the event that SLWC is in material breach of this Agreement, Municipality may terminate this Agreement thirty (30) days after giving written notice to SLWC of such breach, (i) if said breach is not cured during said thirty (30) day period, or, (ii) if such breach is incapable of being cured in such period, SLWC has failed to take during such period substantive steps to cure such breach. SLWC will be permitted to complete any marketing initiative initiated prior to termination of this Agreement after which time, neither Party will have any further obligations to the other and this Agreement will terminate. Page 5 of 15 Page 222 of 418 2 4. Consideration. A. As consideration for the License, during the Term, SLWC will pay to Municipality the Compensation. The first payment of Compensation shall be due by January 30th of the year immediately following the Effective Date. Subsequent payments shall be made on an annual basis throughout the Term, due and payable on January 30th of each succeeding year. B. During the Term and for one (1) year after termination of this Agreement, Municip ality will have the right, at its sole expense, to reasonably request in writing copies of SLWC’s books and records pertaining to any Compensation. 5. Applicable Laws. Each Party shall comply at all times with all applicable laws, statutes, treaties, rules, codes, ordinances, regulations, permits, official guidelines, orders, interpretations, and licenses of any governmental authority, and judgments, decrees, injunctions, writs, orders or like action of any court, arbitrator or other judicial or quasi-judicial tribunal of competent jurisdiction (“Applicable Laws”) with respect to its obligations under this Agreement. 6. Confidentiality. “Confidential Information” of a Party means any non-public, proprietary, or information that is marked “confidential”, whether or not it constitutes a trade secret under Applicable Laws, and any other information that a reasonable person would expect to be confidential. Each Party will treat Confidential Information received from the other Party as confidential, and such Party shall not disclose or use such information in a manner contrary to the purposes of this Agreement. Notwithstanding the foregoing, a Party shall not be liable to the other Party for any disclosure of Confidential Information that is required under any Applicable Laws, applicable public records act or under court order. To the extent legally permissible, a Party shall provide written notice to the other Party prior to any such disclosure. 7. Ruling and/or Code Change. In the event that: (i) a change or proposed change in Applicable Laws, or municipal or similar codes; or (ii) an interpretation, policy, ruling, or order by any court, tribunal, arbitrator, regulatory agency, commission, including a public service commission or similar body of a municipality, or other instrumentality of the Province of Ontario, or any other political subdivision, negatively or potentially negatively impacts the terms of this Agreement or the obligations of the Parties set forth in this Agreement, the Parties shall negotiate in good faith to modify the terms of this Agreement accordingly. Should the Parties be unable to reach a mutual agreement to revise this Agreement, then either Party may terminate this Agreement on thirty (30) days’ written notice to the other Party. 8. Indemnification. Each Party (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold the other Party and its Representatives (meaning a Party’s directors, managers, members, elected officials, officers, employees, contractors, subcontractors, and agents) (collectively or individually, “Indemnitee”) harmless from and against any and all third party claims, damages, losses, expenses, suits, actions, decrees, judgments, awards, reasonable legal fees and court costs (“Claim(s)”), which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an Indemnitee, as a result of or arising out of any breach of this Agreement by the Indemnifying Party, or any negligent or fraudulent act or omission of the Indemnifying Party or its Representatives in the performance of this Agreement; provided that the applicable Indemnitee notifies the Indemnifying Party of any such Claim within a time that does not prejudice the ability of the Indemnifying Party to defend against such Claim. Any Indemnitee under this Agreement may participate in its own defense, but will be responsible for all costs incurred, including reasonable legal fees, in connection with such participation. 9. Independent Contractor Status. SLWC shall be an independent contractor and shall have responsibility for and control over the details and means for providing the Plans under this Agreement. Neither Party nor any of its Representatives shall be considered an employee, representative, agent or subcontractor of the other Party or its Representatives. 10. Notice. Any notice required to be given under this Agreement shall be deemed to have been received when delivered (i) by personal service, (ii) by electronic mail with confirmation of delivery and receipt (provided a hard copy is sent promptly by regular mail), or (iii) by registered mail with proof of receipt with the Canada Post Corporation, addressed as follows: Page 6 of 15 Page 223 of 418 3 To: Municipality: City of Niagara Falls ATTN: Erik Nickel Box 1023, 4310 Queen St. Niagara Falls, ON L2E 6X5 Phone: (905) 356-7521 Email: enickel@niagarafalls.ca To: SLWC: Service Line Warranties of Canada, Inc. 150 King St. W, Suite 200 Toronto, ON M5H 1J9 Attention: Michael Van Horne, Vice President, General Manager email: mvanhorne@slwofc.ca Phone: (647) 325-7614 With a copy to: Hilary Glassman, General Counsel email: hilary.glassman@homeserveusa.com 11. Entire Agreement; No Third-Party Beneficiaries; Severability. The Parties acknowledge that no representations, agreements, or promises were made by the other Party or by any of its Representatives other than those specifically contained in this Agreement. This Agreement, including the recitals as well as any attachments or exhibits, constitutes the entire agreement of the Parties with respect to the matters contemplated in this Agreement, and supersedes any prior agreement or understanding with respect to them. The Parties agree that this Agreement was entered into solely for the respective benefit of each of them and their respective successors and assigns, and nothing in this Agreement is intended to create any third- party beneficiaries. This Agreement may be amended or modified only by a written instrument executed by an authorized representative of each of the Parties. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented . Subject to Applicable Laws, the invalidity or unenforceability of a specific provision in the Agreement shall not render any other provision(s) invalid, inoperative, or unenforceable. 12. Assignment. Neither Party may assign or transfer any of its rights under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably delayed, withheld, conditioned, or denied, except to an affiliate of the assigning Party or an acquirer of all or substantially all of the assets of the assigning Party. Any purported assignment or delegation in violation of this Section 13 shall be null and void. No assignment or transfer of this Agreement shall relieve the assigning Party of any of its obligations under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the Parties as well as their respective successors or permitted assigns. 13. Counterparts; Electronic Delivery. This Agreement may be executed in counterparts delivered by email, DocuSign, or other electronic transmission; such counterparts will be deemed originals and binding upon the Parties upon receipt, regardless of whether originals are delivered thereafter. All such counterparts will constitute one and the same contract, and the signature of any Party to any counterpart will be deemed a signature to any other counterpart. 14. Governing Law; Arbitration; Waiver of Jury Trial. The Parties shall comply with all Applicable Laws with respect to their respective obligations under this Agreement. This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario, without regard to the choice of law principles thereof. To the extent permitted by Applicable Law, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, and this provision agreeing to arbitrate, including any question regarding each of their existence, interpretation, enforcement, validity, applicability, breach or termination, or the relationship created by this Agreement, shall be submitted to final and binding arbitration, without a right of appeal, administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules, or by such other arbitral institution as may be mutually agreed by the Page 7 of 15 Page 224 of 418 4 Parties. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. Except as may be required by law, neither a Party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY OF NIAGARA FALLS By: ____________________________ Name: __________________________ Title: ___________________________ SERVICE LINE WARRANTIES OF CANADA, INC. By: ____________________________ Name: Michael Van Horne Title: Vice President, General Manager Page 8 of 15 Page 225 of 418 5 Exhibit A Marketing Agreement City of Niagara Falls, Ontario Term Sheet I. Initial Term. Three Years, with the option for Renewal Term(s). II. Compensation. Five percent (5%) of the fees actually received from Customers during the Term under any Plans sold under the Agreement, net of any discount, rebates, refunds, chargebacks, credits, and sales or similar taxes. III. Plans; Plan Fees; Scope of Coverage. The summary of coverage is accurate as of the Effective Date but is subject to change at SLWC’s sole discretion due to changes required by Applicable Law or the service agreements for the Plans. A. Exterior water service line plan (“WSL”) (initially, CAD $ 6.00 per month) i. Covers Customer’s responsibility: from the curbstop to the home. ii. Covers thawing of frozen external water lines. iii. Covers well service lines if applicable: From the external wall of Customer’s well casing to the external foundation wall of the home. B. Exterior sewer/septic line plan (“SSL”) (initially, CAD $ 8.00 per month) i. Covers Customer’s responsibility: from the home to the curbline. ii. Covers septic lines if applicable: From the external foundation wall of the home to the point of connection to the septic tank of the home. C. Interior plumbing and drainage plan (“IPD”) (initially, CAD $ 9.00 per month) i. Covers repair or replacement of the following inside the home, for which the Customers have sole responsibility, that is damaged due to normal wear and tear: 1. The blocked or leaking interior water supply and drainage system pipes that carry fresh or drinkable water and wastewater. Pricing does not include taxes. SLWC may adjust the foregoing Plan fees once every twelve (12) months during the Term or any Renewal Term based on increases in the consumer price index (“CPI”) for services in Ontario as defined by Statistics Canada. Any such adjustment shall not exceed the CPI percentage change over the prior year plus two (2) percentage points unless the Parties agree in writing. Plans will include a thirty (30) day “waiting period” upon enrollment before a Customer can request a service call from Company. Customers with lines and/or systems with pre-existing conditions will not be eligible to enroll in the Plan(s). IV. Marketing Campaigns. SLWC shall have the right to conduct up to three (3) campaigns per year (each campaign consists of two (2) direct mailings) for the Plans and market the Plans in such other channels as may be mutually agreed by the Parties. Page 9 of 15 Page 226 of 418 Service Line Warranty Program Information for Municipal Staff & Elected Officials Service Line Warranties of Canada (SLWC), a portfolio company of Canadian-based Brookfield Infrastructure, was originally founded by HomeServe in 1993 in the United Kingdom. We currently operate programs in Canada, the United States, the United Kingdom, France, Spain, and Japan. We partner with municipalities to offer their residential homeowners a low-cost warranty program that provides significant protection for repair costs relating to their privately owned water and wastewater service lines. Program Benefits SLWC Funded Education Campaign. Our partners benefit from an SLWC-funded awareness campaign which educates residents on their water and sewer service line responsibility and offers an optional solution. Solving an Expensive Problem. Repairs to lines on homeowners’ property are often not covered by a standard homeowners’ insurance policy and can result in a sudden out-of-pocket expense that an average homeowner may not have access to in their savings. Our latest survey results show that many Canadian homeowners have only $500 or less saved for a home emergency. Peace of Mind. Our repair hotline is available 24/7/365 and repairs are given the highest priority and licensed, and approved contractors are dispatched to customers’ homes — all with no callout fees. Trusted Partner. SLWC, together with HomeServe is partnered with over 1,100 municipalities and utilities across North America, including over 70 in Ontario and Alberta and provides service to more than 2.8 million homeowners. SLWC entered the Ontario market in 2014 and is an accredited Better Business Bureau organization with an A+ rating. SLWC has saved Canadian homeowners +$8 million on 16,500+ jobs in the last 7+ years. SLWC is endorsed by the Local Authority Services (LAS), a not-for-profit organization created by the Association of Municipalities of Ontario. LAS works with Ontario municipalities to help lower costs and enhance staff capacity through co-operative procurement efforts, and other programs. Page 10 of 15 Page 227 of 418 Partnering with SLWC Why do municipalities partner with SLWC? • To take advantage of an SLWC funded awareness campaign to educate their residents about their responsibility for the repair and replacement of water and sewer service lines on their private property. • To make sure all repairs are performed to code and that all appropriate permitting is pulled. • Reduce expense to property owners as service plans encourage residents to report exterior water service and sewer leaks in a timely manner. Timely water and sewer service line repairs conserve water, reduce water loss for the town, and help the environment by minimizing wastewater pollution. • Long-term reduction of staff involvement in private infrastructure issues. Doesn’t homeowner’s insurance cover these repairs? • Typically, no. While most average homeowners’ policies will pay to repair the water damage created by failed utility lines, they typically do not cover the cost of the repair or replacement of the line itself, which could be thousands of dollars. SLWC encourages residents to call their insurance company to determine the scope of their coverage. Some insurance companies offer add coverage for the water and sewer lines but come with exclusions and deductibles which typically range from $500-$1,000, individual plans vary. • SLWC plans have no deductible. If a homeowner has a single claim in a year under the homeowners insurance rider, they will pay more than using a no deductible SLWC plan. Plans also take the effort out of finding a contractor to do the work. • With a claim under added coverage through home insurance, the homeowner is responsible for finding a qualified and trustworthy contractor to complete the repair, pay them and wait for reimbursement. With our plan, a local contractor from our trusted network will complete the repairs, taking away the cost and the inconvenience of this type of home emergency. Page 11 of 15 Page 228 of 418 Why does Service Line Warranties want permission to place our logo on the materials mailed to our residents? • Your community is inundated with all kinds of offers for their home and it can be difficult to determine what is legitimate and what is not. Vulnerable residents could be taken advantage of, and people may pay for services that do not end up being reliable. Most of your population has never heard of AMO/LAS and if they had not lived in one of the over 70 municipalities where the program is offered, they may not have heard of SLWC. • As a result, our campaign investment in educating your residents on how to mitigate their risk may be dismissed as junk mail. It would not be feasible to offer this level of coverage at the low-cost rates that AMO/LAS secured for Ontario municipalities, without the open rates that we rely on when residents recognize it is a credible offer, supported by their municipality, and could be worth looking into. • We are committed to transparency in all our communications. All our materials clearly state that the services the company offers are voluntary and that they are offered by SLWC, a private company that is separate from a homeowner’s local utility or municipality. Would we be giving preference to Service Line Warranties over another company? Service Line Warranties is the only company in Canada offering this type of program structured as a warranty and after winning Hamilton’s RFP as one of two responders (which are now one company), AMO-LAS approached SLWC to make it available to all Ontario municipalities. Do homeowners in our municipality need to manage their risk of unexpected repair costs? • Staff are aware of the problems residents have had, will continue to have, and how costly it can be, particularly when it happens unexpectedly, as these things often do. If residents choose to enroll in this optional warranty, they are given the peace of mind that if they pay a low monthly or annual fee, any problems of this nature that arise will be taken care of. • It is very difficult to determine when a pipe may fail, with key contributors being the type of piping material, age of the service pipe, soil conditions and installation quality. Page 12 of 15 Page 229 of 418 Can we cancel the program at any time? Can our residents? The municipality can cancel the agreement with 90 days’ notice. Residents can cancel anytime with no penalties by calling the 1-800 number. How does the relationship work between SLWC and local plumbers? • Contractors are welcome to apply to join our network if they meet the standards of licensing, insurance, doing repairs up to code and our high level of customer service. • Contractors in our network can receive additional jobs because it allows homeowners to be proactive instead of potentially avoiding calling a plumber due to worries about a bill, which can also hurt water conservation initiatives. Further, it ensures plumbers get paid in a timely manner with no haggling over price. • A resident with a plan is more apt to call for service on a minor problem before it becomes worse, and potentially hazardous. Once on-site, our contractors can check other systems to ensure there are no additional issues and if any are discovered they can be fixed immediately. What does this mean in terms of service for your homeowners? • Without a plan, it could take some time for homeowners to find and secure a reputable plumber to come and complete their job. SLWC customers quickly receive a call back from a qualified contractor after calling our repair line to arrange a convenient time to get the resident back up and running as soon as possible. • Calling a stranger from the internet to address a problem in the home can be risky. SLWC network contractors are fully vetted, licensed, and insured and are accountable to our high standards of service. Customers are asked to complete a survey after the visit to provide carefully monitored feedback. • There are many financial risks of using unlicensed contractors including poor quality work, non-permitted work which can impact property value, liability for personal injury and damage to third parties. How will you communicate information to our residents? A seasonal SLWC campaign typically involves a multichannel approach centered around a direct mail piece. Any communications from SLWC to your residents about the program will always require municipal approval. We work with you to continually evolve our messaging and ensure we are putting our best foot forward in communicating with your residents. Page 13 of 15 Page 230 of 418 Will the municipality be compensated? SLWC provides a modest 5% royalty to the municipality designed to compensate for any staff time or resources taken up by this partnership. We have a turnkey approach and administer all aspects of the program, but occasionally staff need to answer questions from residents, provide approvals, etc. If the municipality does not wish to receive funds from SLWC, it can reduce rates for residents by 5%. Most of our partners receive a royalty and reinvest it in other areas of the budget. Are there ways to support low-income homeowners in our community? We are proud to offer our partners access to our CARES fund which is designed to help low- income homeowners in your community who do not have coverage through us or their home insurance. Eligible Homeowner’s in your community who are struggling to afford repairs relating to their water line, sewer line or interior plumbing can apply for us to cover the cost of their repairs. We are always happy to lend a helping hand to those who need it. To learn more visit: www.servicelinewarranties.ca/slwc-cares/ Page 14 of 15 Page 231 of 418 SERVICE LINE WARRANTIES PARTNER LIST 2023 1. Town of Arnprior 2. Township of Assiginack 3. Town of Atikokan 4. Town of Aylmer 5. Town of Bancroft 6. Municipality of Bayham 7. Township of Billings 8. Township of Black River-Matheson 9. County of Brant 10. Village of Breton 11. Municipality of Callander 12. Municipality of Casselman 13. Municipality of Central Huron 14. Village of Clive 15. Township of Dubreuilville 16. Township of Edwardsburgh/Cardina 17. City of Elliot Lake 18. Town of Erin 19. Town of Fort Frances 20. Township of Georgian Bluffs 21. Town of Gore Bay 22. Town of Grand Valley 23. Municipality of Grey Highlands 24. City of Hamilton 25. Town of Hanover 26. Town of Hawkesbury 27. Township of Hornepayne 28. City of Kenora 29. Municipality of Killarney 30. Municipality of Kincardine 31. City of Kingston 32. Town of Lincoln 33. Township of Loyalist 34. Town of Malahide 35. Township of Manitouwadge 36. Village of Marwayne 37. Town of Mattawa 38. Township of McGarry 39. Municipality of Meaford 40. Town of Niagara-on-the-Lake 41. Municipality of Morris-Turnberry 42. Township of North Glengarry 43. Township of North Huron 44. Municipality of North Dundas 45. Town of Northeastern Manitoulin and the Islands 46. Town of Mundare 47. Township of Oro-Medonte 48. City of Ottawa 49. Town of Parry Sound 50. Regional Municipality of Peel 51. City of Port Colborne 52. Town of Prescott 53. Town of Provost 54. City of Quinte West 55. Township of Ramara 56. Redwood Meadows Townsite 57. Town of Saugeen Shores 58. Town of Shelburne 59. Town of Smooth Rock Falls 60. Town of South Bruce Peninsula 61. Township of South Stormont 62. Township of South Glengarry 63. Municipality of South Huron 64. Township of Southgate 65. Municipality of Southwest Middlesex 66. Town of Spanish 67. Township of St. Clair 68. Township of Stirling-Rawdon 69. City of Stratford 70. City of Greater Sudbury 71. Town of Tecumseh 72. Municipality of Temagami 73. Township of the North Shore 74. Municipality of Wawa 75. City of Windsor Page 15 of 15 Page 232 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re MW-2023-09 AMO-LAS Private Water and Sewer Service Line Warranty Program 8.1 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:05 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re MW-2023-09 AMO-LAS Private Water and Sewer Service Line Warranty Program 8.1 MW-2023-09 AMO-LAS Private Water and Sewer Service Line Warranty Program These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #8.1 Council, This is a good concept and program, go for it. It's voluntary. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 233 of 418 MW-2023-10 Report Report to: Mayor and Council Date: April 18, 2023 Title: Fern Ave., Marieclaude Ave., and Jordan Ave. Watermain Replacements - Contract Award (2023-504-19) Recommendation(s) 1. That Council award Contract 2023-504-19, Fern Ave., Marieclaude Ave., and Jordan Ave. Watermain Replacements, to the lowest compliant bidder, Cotton Inc., in the amount of $2,327,509.90 + HST. 2. That Council approve a 2023 capital budget amendment for this project (Fern Ave, Marieclaude Ave & Jordan Ave Watermain Replacements, W57 -20) in the amount of $600,000, with $100,000 to be funded from the Water Capital Special Purpose Reserve and $500,000 to be funded from the Wastewater Capital Special Purpose Reserve. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. Executive Summary The purpose of this report is to seek Council approval to award Contract 2023 -504-19, Fern Ave., Marieclaude Ave., and Jordan Ave. Watermain Replacements, t o the lowest compliant bidder, Cotton Inc. Council previously approved budgets for design/geotechnical studies in 2020 and for construction in 2022. At that time, the proposed scope of work included replacement of watermains and water services, targeted spot repairs of sanitary sewers, and road and property restoration. The project scope was expanded during the detailed design phase to include replacement of sanitary laterals within the municipal road allowance. City staff identified that existing sanitary sewer laterals in the project area are at risk of failure due to age and material of construction. Geotechnical studies undertaken during project design also identified unsuitable soil in an isolated section of the project area, thus triggering add itional soil handling and disposal requirements under O. Reg. 406/19, "On -Site and Excess Soil Management". have services geotechnical Generally costs speaking, risen for significantly as a result of inflationary pressures and new requirements under O. Re g. 406/19. Additional funds are required to support the replacement of sanitary sewer laterals and the proper testing, handling, and disposal of soils. Background Page 1 of 5 Page 234 of 418 The watermain replacement project at Fern Ave., Marieclaude Ave., and Jordan Ave. was identified in response to repeated watermain breaks on these streets. Design was completed in-house by City staff, with $15,000 in funding approved in the 2020 Capital Budget to support geotechnical studies. Construction funding of $1,830,000 was approved in the 2022 budget. Attachment 1 identifies the project limits. Analysis In February 2023, the City issued a tender (2023-504-19) for construction of watermain replacements at Fern Ave., Marieclaude Ave., and Jordan Ave. The contract was issued for bidding on February 21, 2023, and the bid period closed on March 14, 2023. Construction is expected to begin in May 2023 and end in August 2023. The following bids were received: Bidder Unofficial Tender Price (excl. HST) Cotton Inc. $2,327,509.90 KADA Group inc. $2,408,089.71 Demar Construction Inc. $2,574,484.52 Alfidome Construction Niagara $2,585,079.00 Peter's Excavating Inc. $2,590,588.95 Alfred Beam Excavating Limited $2,767,000.00 The original $1.83M construction budget covered a large scope of the planned works for the study area, including the watermain and water service replacements; spot repairs of sanitary sewers as required; and restoration of the roadway and surrounding prope rties. City staff have since identified that the existing sanitary sewer laterals are composed of bituminous fibre material (i.e., black tar paper, black fibre, or Orangeburg pipe). Installed in the late 1950s, the material is no longer approved for use in construction. These laterals are at significant risk of failure and may pose risks to drinking water safety if damaged during watermain and water service replacements. City staff therefore included sanitary sewer lateral replacements within the scope of the project in order to upgrade the existing, high-risk infrastructure and minimize the risk of potential sewage spills. In addition, geotechnical analysis identified the presence of petroleum hydrocarbons in borehole samples collected along the northern portion of Fern Avenue. Additional costs will be incurred during construction to manage and dispose of these unsuitable soils as per O. Reg. 406/19. An additional $600,000 is required to award this project and complete the full scope of work, including the sewer lateral replacements, materials testing, and soils management and disposal. Operational Implications and Risk Analysis Page 2 of 5 Page 235 of 418 Watermains along Jordan Ave. and Marieclaude Ave. are cast-iron; installed in 1958, they are approaching the end of their service life, with eight breaks recorded to-date between the two streets. The cast-iron watermain along Fern Ave. was installed in 1955; the northern end of the watermain was replaced with ductile iron pipe in 1974. A total of ten breaks have been reported along these subject portions of Fern Ave. As noted, sanitary sewer lateral replacement was added to the project scope due to concerns around the condition of the existing laterals. The existing laterals were constructed in the late 1950s using bituminous fibre pipes; they are beyond their expected service life and are susceptible to damage. Considering their fragility, there is concern that they may be damaged during the adjacent water service replacements, resulting in potential sewage spills and site contamination. Replacement of these sanitary laterals was added to the project scope to mitigate the contamination risk. Geotechnical studies have identified a section at the north end of Fern Ave. where the presence of petroleum hydrocarbons was detected in soils underneath the roadway. These unsuitable soils are subject to handling and disposal requirements as prescribed under O. Reg. 406/19. Additional costs will need to be incurred during construction in order to ensure that the City complies with these new regulatory requirements. Generally speaking, geotechnical services for City projects have been more expensive than originally anticipated. Inflationary pressures have resulted in a 30% increase in unit prices for contracted geotechnical services. This project has already incurred budget overruns for geotechnical studies and testing required to meet new O. Reg. 406/19 requirements that came into force in January 2023, and additional budget overruns are anticipated for materials testing during project construction. Financial Implications/Budget Impact A total of $1,845,000 in capital funding has been approved for this project, including $15,000 for design/geotechnical studies in 2020 and $1,830,000 for construction in 2022. Expenses and commitments to-date total $36,285.32, with an additional $4,833.58 in committed funds. The total cost to complete the project is anticipated as follows: Before HST HST Total Total incl. Non-Recov. HST Construction $2,327,509.90 $302,576.29 $2,630,086.19 $2,368,478.73 Geotechnical Services (exceeding design budget) $19,675.00 $2,557.75 $22,232.75 $20,021.32 Materials Testing (additional fees) $7,500.00 $975.00 $8,475.00 $7,632.02 Total $2,335,009.90 $306,109.04 $2,660,793.94 $2,396,132.07 Page 3 of 5 Page 236 of 418 Budget Available $1,809,714.68 Net Required $586,417.39 Net Required - Rounded $600,000.00 The cost of completing this project, including all construction costs, materials testing, and geotechnical fees incurred in excess of the design budget, exceeds the $1,845,000 project budget by approximately $600,000.00. Staff recommends that Council approve a 2023 capital budget amendment of $600,000.00, with $100,000 to be funded from the Water Capital Special Purpose Reserve and $500,000 to be funded from the Wastewater Capital Special Purpose Reserve. Strategic/Departmental Alignment The recommendations in this report contribute to the City's strategic goal of providing "strong and resilient infrastructure" by improving the resilience of the wastewater collection system, mitigating the risk of sewage spills, and protecting the safety o f drinking water. Contributor(s) James Dowling, Senior Manager of Capital Accounting List of Attachments MW 2023-10 Attachment 1 Written by: Rachel Whyte, Project Manager Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 06 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 4 of 5 Page 237 of 418 Print Date:© City of Niagara Falls 3/30/2023 Reference #:Contract 2023-504-19 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Project Limits - Fern Ave., Marieclaude Ave., and Jordan Ave. Watermain Replacements Report MW 2023-10, Attachment 1:Page 5 of 5Page 238 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re MW-2023-10 8.2 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:06 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re MW-2023-10 8.2 MW-2023-10 Fern Ave., Marieclaude Ave., and Jordan Ave. Watermain Replacements - Contract Award (2023-504-19) These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #8.1 Council, It is recommended to approve staffs recommendations. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 239 of 418 MW-2023-11 Report Report to: Mayor and Council Date: April 18, 2023 Title: Single Source Purchase Request - Parking Pay and Display Machines Recommendation(s) That Council approve the single source purchase request of eighteen (18) parking pay and display machines from Cale Systems (Precise ParkLink) at an estimated cost of $162, 568 ($9,031 per unit). Executive Summary Following the City’s Procurement By-Law (No. 2021-04), Section 18, staff are requesting Council approval for the single source purchase of parking machines directly from Cale Systems (Precise ParkLink) at an estimated cost of $162,568 ($9,031 per unit). Staff are recommending the single source purchase to standardize the City’s parking machine equipment which would be beneficial to the City by reducing costing for: parking rate as well as installation; modifications, maintenance programming, and public/customer familiarity with machines to reduce user confusion on machine variation setups by equipment type. Background Over the past fifteen years, the City of Niagara Falls Parking Services has maintained an inventory of two standard Pay & Display machines which were supplied by two different vendors: Cale Systems (Precise ParkLink) and Hectronic Incorporated. Hectronic Incorporated machines are no longer available through a Canadian vendor and are now supplied through the United States. These machines are originating from Germany and shipped to Canada from Florida. Cale Systems remains a committed and reliable Canadian manufacturer and supplier. With seventy-nine (79) Cale Systems parking machines currently in service in the City (out of 96 total), Staff would like to standardize this equipment to a single vendor/product. This would be beneficial to the City by reducing costing for: parking rate modifications, programming, maintenance and installation; as well as public/customer familiarity with machines to reduce user confusion on machine variation setups by equipment type. Analysis Page 1 of 3 Page 240 of 418 According to the City’s Procurement By-Law No. 2021-04, Section 18, a competitive procurement process is not required for Single or Sole Source Purchases, provided that the appropriate conditions apply. Furthermore, Single or Sole Source purchases greate r than $100,000 require Council approval as the purchasing authority. Single source purchasing is recommended by Parking Services staff for the procurement of the pay and display parking machines from Cale Systems (Precise ParkLink) for the following reasons: • The purchase of this equipment is compatible with existing equipment in the parking machine inventory. Currently, Parking Services has seventy-nine (79) Cale Systems parking machines in service out of a total of ninety -six (96) machines. • Cale Systems is a Canadian Company with offices in Toronto and Montreal. Their parking machines are manufactured and serviced in Canada; which reduces the capital purchase costing, annual operating costs, and provides faster support times for maintenance and repair. • Providing a common parking machine in the City will provide the City’s customers with a consistent and familiar product and allow ease of use. • Cale Systems machines are current in-service and integrated into the City’s Parking Management Software, continuing to purchase new machines from this company will eliminate the need for third-party integration costs and training for staff. Financial Implications/Budget Impact Within the capital budget, Parking Services has two approved and funded projec ts (PRKG23 and PRK49-23) dedicated for the purchase of new parking machines. The combined budget of these two projects is approximately $163,124.50. The costs to purchase the new Pay and Display Parking Machines from Cale Systems is within the available budget of these projects, and estimated to be approximately $162.568. Strategic/Departmental Alignment This initiative is in line with Council’s Strategic Priorities, of maintaining parking operations as a self-sustaining user pay philosophy which is indep endent of tax support. Written by: Paul Brown, Manager of Parking Services Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Page 2 of 3 Page 241 of 418 Erik Nickel, Director of Municipal Works Approved - 11 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 3 of 3 Page 242 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re MW-2023-11 Single Source Purchase Request - Parking Pay and Display Machines 8.3 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:06 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re MW-2023-11 Single Source Purchase Request - Parking Pay and Display Machines 8.3 MW-2023-11 Single Source Purchase Request - Parking Pay and Display Machines These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #8.3 Council, It is recommended to approve staffs recommendations. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 243 of 418 PBD-2023-21 Report Report to: Mayor and Council Date: April 18, 2023 Title: Industrial Land Conversion 5584 Fraser Street and other lands: Official Plan Amendment Initiation Report Recommendation(s) 1. Council receive this report and direct staff to initiate the proposed amendment for the subject sites as outlined in this report. Executive Summary The purpose of this report is to seek Council’s authorization to commence a City initiated amendment to consider the conversion of additional two subject sites of employment lands to a non-industrial use. The two sites are located in the vicinity of the Gale Centre and more specifically on lands centred around 5584 Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue, north of Hamilton Street as shown on Schedule 1. For the most part, these sites contain land uses (primarily residential and recreational) that do not conform to the Industrial designation in the City’s Official Plan. Further, lan d use compatibility concerns with neighbouring properties would occur if a new industrial use were ever to be introduced into these two areas. An amendment would be an official process to determine if the potential conversion of these sites to a non -employment use would to Consulting retained Watson has be appropriate justified. and The City investigate the appropriateness of these lands for continued Industrial use. This initiation report provides background information on the proposed amendment and highl ights for Council the process and potential timing for consideration of the amendment. Background The purpose of this report is to seek Council’s authorization to commence a City initiated amendment to consider the conversion of two additional candidate employment land sites to a non-industrial use. These two sites were inadvertently left out of the City's Employment Lands Strategy and staff were made aware of potential land use conflicts through development inquiries. these lands are currently designated Industrial in the City's Official Plan and they potentially could be considered for non-industrial uses. To determine if the potential conversions to a non-employment use are appropriate, staff are requesting to initiate the amendment process. Page 1 of 4 Page 244 of 418 Analysis The two candidate sites are in the vicinity of the Gale Centre and more specifically on lands centred around 5584 Fraser Street, east of Stanley Avenue and on lands east of Fourth Avenue, north of Hamilton Street. (see Schedule 1 for context map) The Fraser Street candidate site lands located immediately north of Fairview Cemetery, is bounded by Stanley Avenue to the east, George Street to the north and the Hydro Canal to the west. The site is approximately 3.8 hectares in size and contains land uses (primarily residential) that would not conform to the Industrial designation contained in the City’s Official Plan. The second candidate site is located on lands along Second and Fourth Avenue, north of Hamilton Street. Land uses within the 2.5 hectare site are primarily residential however, the area also has an existing auto repair shop (service commercial) and a ball hockey centre (recreational) that would not be reflective of the land uses originally envisioned by the Industrial designation contained in the City’s Official Plan. Further, land use compatibility concerns with neighbouring properties (i.e.. residential) would occur if a new industrial use were ever to be introduced into these two areas in the future. The framework for assessing the conversion of employment lands and the specific re- evaluation criteria have been presented previously in the City’s Employment Land Strategy. The conversion criteria include both key principles contained in the Provincial Policy Statement and Provincial Growth Plan. Further, any proposed conversion to a non-employment use on employment lands located outside of an employment area shall retain space for a similar number of jobs as stated in Policy 4.2.5.1 of the Niagara Region Official Plan. In addition to Provincial and Regional criteria each candidate site will be evaluated on a set of localized criteria. The localized criteria are listed below: • Area is located outside of an established or proposed industrial/business park. (i.e. employment areas) • Area is located away from surrounding designated employment lands. • Area is surrounded by non-employment land uses on three sides. • Conversion would not create incompatible land uses. • Conversion of the lands would not negatively impact other employment lands in the areas. • Conversion would be consistent with/supportive of City planning objectives. • Conversion does not contravene any City policy planning objectives. • Area offers limited market choice for employment lands development due to size, configuration and physical conditions. • Area does not offer potential future expansion on existing or neighbouring employment lands. The City has contracted Watson Consulting to perform an independent assessment of these two candidate sites to determine if the potential conversions to a non-employment Page 2 of 4 Page 245 of 418 use are appropriate and suitable from a planning and economic perspective and would be consistent the City’s planning objectives. Watson’s analysis will help inform the basis of amendment and determine if the conversion is appropriate. Next Steps The amendment process will commence with this amendment initiation report. To assist in the review of the amendment, it will be circulated to prescribed agencies and bodies for comment. It is anticipated that an Open House will be held in May and a Statut ory Public Meeting under the Planning Act will be held at a later session of Council. Financial Implications/Budget Impact There are no direct financial implications arising from this report as the cost to process this proposed amendment (i.e. public notice requirements, staff time etc.) is included in the Planning Department’s 2023 operating budget. Strategic/Departmental Alignment The proposed amendment is consistent with the Vibrant and Diverse Economy strategic priority. List of Attachments Schedule 1 Context Map for Sites of Consideration Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 12 Apr 2023 Kira Dolch, Director of Planning, Building & Development Approved - 12 Apr 2023 Jason Burgess, CAO Approved - 12 Apr 2023 Page 3 of 4 Page 246 of 418 Schedule 1 Context Map for Sites of Consideration Page 4 of 4 Page 247 of 418 PBD-2023-23 Report Report to: Mayor and Council Date: April 18, 2023 Title: Honourary Street Naming Policy Amendments and By-law Recommendation(s) That Council adopt the Honourary Street Naming By-law with the policy attached as Schedule “A” to the by-law. Executive Summary Council adopted the staff recommendations for the creation of an Honourary Street Naming Policy at its January 17, 2023 meeting. The policy was recommended to allow an individual, group, or organization who has had a positive impact on the City to be recognized for their accomplishments without causing disruption or inconvenience to the residents or businesses on a street. There were two oversights in the January 17th report and policy. The purpose of this report is to clarify the following two oversights from the initial report and policy presented to Council on January 17th: • the five (5) year term and that it be renewable for a further five (5) years and • to include a principle that was accidentally omitted from the original policy: o “that names shall be based on native wildlife, flora, fauna or natural features related to the community and the City of Niagara Falls”. The amended Honourary Street Name policy is attached as Schedule A to the by -law. Background On January 17, 2023 staff brought forth an Honourary Street Name Policy for Council’s consideration. Council adopted the staff recommendation regarding the policy with a further recommendation that a by-law be prepared to establish the policy. Upon preparing the by-law it was noted that there was one principle that was in the policy reviewed at Council review, but that was omitted from the copy that was attached Page 1 of 7 Page 248 of 418 to the Council report. This principle was that names shall be based on native wildlife, flora, fauna, or natural features related to the community and the City of Niagara Falls. Additionally, the five (5) year term was in the policy, but Council agreed that it should be renewable for a further five (5) years. The above noted issues have been clarified and can be found in the attached policy. Therefore, staff recommend that the by-law be adopted with the policy attached as Schedule “A”. List of Attachments Honourary Street Name Policy By-law Policy Attached as Schedule A Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Andrew Bryce, Director of Planning Approved - 06 Apr 2023 Kira Dolch, Director of Planning, Building & Development Approved - 11 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 2 of 7 Page 249 of 418 CITY OF NIAGARA FALLS By-law No. 2023- A by-law to establish an Honourary Street Name Policy to provide an alternative means to recognize prominent people within the City of Niagara Falls. WHEREAS under section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by-law making powers respecting matters regarding highways, such as naming highways THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The policy entitled “Honourary Street Naming Policy” attached to this by -law as Schedule “A” be approved. 2. This by-law comes into force on the day it is passed. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of April, 2023. WILLIAM G MATSON, CITY CLERK JAMES M DIODATI, MAYOR Page 3 of 7 Page 250 of 418 SCHEDULE “A” Honourary Street Naming Policy – City of Niagara Falls Introduction Street names are an important part of the community fabric as names contribute to a sense of place, community, and identity within the City of Niagara Falls. An Honourary Street name can reflect and acknowledge its unique location, history, geography, environment and/or neighbourhood. Honourary Street names should be considered and selected with care and should be subject to an established process and set of criteria and principles. This policy establishes the criteria, principles, and process by which Council may consider the honourary street naming in a transparent, equitable and efficient manner. Purpose: The Honourary Street Naming Policy is intended to establish: • A clear process for the naming of Honourary streets that is transparent, equitable and efficient. • Criteria and principles to assess the appropriateness of a name to ensure that the names are consistent with the identity, values and character of the City of Niagara Falls and the area or neighbourhood served. This policy applies to all proposals for Honourary Street naming in the City of Niagara Falls. Definitions: “Honourary Name” means a name that commemorates an individual, individuals, family or organization, event, place, or natural features. “Naming” means officially dedicating a name to an honourary street sign topper; “City” means the City of Niagara Falls; Application Submission: Applicants shall submit a completed City of Niagara Falls Honourary Street Name application form to Planning, Building and Development Services, providing sufficient information and evidence as to how the proposed name satisfies the Naming Principles and Criteria of this policy. An application will be considered complete if the following information is submitted: Page 4 of 7 Page 251 of 418 • A rationale for the naming request which addresses the Naming Criteria and Principles of this policy; and, • Documentation that substantiates the rationale (e.g., articles, certificates, awards, service records, pictures, maps, excerpts from books or articles, historical documents, research articles or documents etc.). If the applicant is proposing to name a street after an individual or organization the following information is also required to be provided by the applicant: • Background information and/or biographical information demonstrating that the proposed name is of significance to the community and/or the City and is directly linked to the area where the honourary street name topper is being requested; and, • A letter addressed to the City from the individual or organization being honoured, or if the individual is deceased, or the organization no longer exists, from their next of kin or legal representative or past members of the organization, granting per mission to place an honourary street name topper. Naming Principles and Criteria: 1. The following principles shall be applied: a) Names shall be based on persons associated with the City of Niagara Falls; b) Names shall be based on local history, organizations, places, events, or culture; c) Names shall be based on persons who demonstrate excellence, courage, or exceptional service to the citizens of the City of Niagara Falls; d) Names shall be consistent with a neighbourhood identity and community commitment; e) Names shall be based on native wildlife, flora, fauna, or natural features related to the community and the City of Niagara Falls; f) Names shall be unique. Name duplication and similar sounding names shall be avoided: and, g) Names shall portray a strong positive image of the City, give a sense of place, continuity and belonging and celebrate the distinguishing characteristics and uniqueness of the City. 2. Names shall not: a) Be political in nature; b) Be or perceived to be discriminatory or derogatory of race, color, ethnic origin, gender identity or expression, sexual orientation, religion, or creed; c) Be corrupted or modified names or names associated with controversial or divisive persons or views. Page 5 of 7 Page 252 of 418 3. Naming Criteria: (a) Proposals for Honourary street names shall be submitted to the Senior Manager of Policy Planning or their designate for consideration; (b) Should there be multiple requests, a short list of names shall be randomly selected on an annual basis and reviewed for conflicts with existing street names; (c) Street or portion thereof that is chosen to be identified as an Honourary street shall bear an approved honourary street sign topper; (d) Approval of a proposed Honourary Street name shall be the responsibility of the Senior Manager of Policy Planning or their designate, in consultation with the Information Systems Manager; (e) This policy is not a substitute for the existing Street Naming Policy or Parks Naming Policy. (f) The Honourary Street name will remain on the chosen street for a period of 5 years with an option to renew for an additional 5 years after which time the honourary street sign topper is removed and returned to the applicant. (g) The City reserves the right to re-consider the Honourary Street name if it is found that the individual’s personal character is or was such that the continued use of their name would not be in the best interest of the community. (h) In cases where names are affiliated with individuals or organizations, the following criteria must be met: i. The contributions of the individual or organization must be well- documented and broadly acknowledged within the community; ii. A direct relationship or association must exist between the individual or organization and the area for the Honourary Street naming; iii. The reputation of the individual or organization must be hono urable and beyond reproach to be considered for naming or renaming; iv. In the case of an individual being an elected official or civil servant, he/she must be retired from public service or deceased; v. Written permission shall be obtained from the individual or organization for such naming; vi. If the individual is deceased, written permission shall be obtained from the next of kin or legal representative for such naming; and, vii. If permission from the individual or organization cannot be obtained, the City may approve the name if the applicant is able to demonstrate reasonable documented efforts to obtain consent to the satisfaction of the City. Page 6 of 7 Page 253 of 418 Application Review Each application for naming shall undergo a process wherein staff will review the application for conformity to this policy and will circulate the application to relevant stakeholders for review and comment on the suitability of the application. City of Niagara Falls Planning staff, Fire Services and GIS will consider appropriateness of a proposed name and to ensure that there is no conflict with existing stre et names. Recreation and Culture staff will consider the proposed name with respect to compliance with the Naming and Renaming of City Property Policy. The duration of the review process will be dictated by the nature of the naming application. Name Selection Following application review, City staff shall submit a report to Council, outlining their review process and offering a recommendation for consideration. The report shall include but not be limited to: a) A complete application form; b) Background and biographical information; c) Documentation supporting the request; d) Option(s) for consideration; e) Recommendation Term Limit The Honourary Street Name sign will remain in place for a term of 5 years with an option to renew for an additional 5 years. Final Decision The final decision on the Honourary Street Name shall be made by Council. Costs Applicant or nominator pays an application fee of $177 and $237 for each sign topper (one for each end of the street) for a total fee of $651 + HST = $735.63 Page 7 of 7 Page 254 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re PBD-2023-23 Honourary Street Naming Policy Amendments and By-law 8.5 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:08 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re PBD-2023-23 Honourary Street Naming Policy Amendments and By-law 8.5 PBD-2023-23 Honourary Street Naming Policy Amendments and By-law These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #8.5 Council, It is recommended to approve staffs recommendations. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 255 of 418 L-2023-08 Report Report to: Mayor and Council Date: April 18, 2023 Title: Permanently Close and Declare Surplus of Lands Cook's Mills Road Our File No. 2020-186 Recommendation(s) 1. In the event that Council determines it is in the best interest of the public to do so, that a portion of Cook's Mills Road being Parts 2 to 5 inclusive, Plan 59R- 17616 (the "Subject Lands"), which Plan is attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council authorize staff to obtain an appraisal to value the Subject Lands for potential sale. 3. That any sale of the Subject Lands be conditional upon the lands being merged in title with abutting lands. 4. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all documentation and take whatever steps necessary to carry out Recommendations 1, 2 and 3. Executive Summary The following details apply to the Subject Lands proposed to be closed and declared surplus: Description: Part of Lot 1, Concession 3 designated as Parts 2 to 5 inclusive, Plan 59R-17616 (Part of PIN 64250-0049) (LT) (the "Subject Lands") Total Area: Approximately 0.64 acres Zoning: Rural Agriculture Type of Property: Untraveled Road Location: Between 7804 and 7755 Schisler Road Special Consideration: No infrastructure located on Subject Lands. Background Page 1 of 8 Page 256 of 418 In 2020 the City undertook a project to rename Old Schisler Road and Schisler Road which occurred due to a realignment of the roads in this area by the Region. (Planning brought a report to Council, PDB-2020-55, copy of report is attached as Schedule "C", to have the roads renamed). During the process it was discovered that Cook's Mills Road is a public road allowance that is not being used by the City. As a result, Staff is recommending that the Subject Lands be stopped up, closed, and declared surplus. Information Systems has obtained a reference plan and sent out correspondence to the abutting landowners to see whether either party or both parties would have any interest in acquiring the Subject Lands in whole or part. Both property owners are interested in purchasing the Subject Lands but won't make a final determination until they know the appraised value. The potential purchasers will be responsible for the cost of the appraisal once obtained by City Staff, if they agree to buy the subject lands after knowing the appraised value. Note that the purchase of the Subject Lands will permit a continuing use of the lands in a manner that is not unlawfully encroaching. See Location Map attached as Schedule "B". The City will be retaining Parts 1 and 6 on Schedule "A" which shall form part of Pattison Lane for as a turnaround for larger vehicles. Public notice will be provided for in accordance with the City's Bylaw No. 2003-02. Analysis Information about the requested declaration of surplus was circulated to City departments for comments and/or objections. Below is a summary of the comments received to date: • Municipal Works No concerns with proposal. • Planning Department No objection to closing the road allowance and declaring it surplus. The property is designated Good General Agriculture under the OP and is zoned Rural Agriculture under By-law 1538, 1958. Use of the land is to be in accordance with the Zoning By-law. • Fire Services No objections or concerns with the potential sale of City owned lands. • Transportation Services No concerns with the proposal. The eastern limit of Pattison Lane (Part 6) with the addition of Part 1 allows for larger vehicles (City plow/garbage truck) enough space to turnaround on the public road allowance. • Recreation, Culture & Facilities Page 2 of 8 Page 257 of 418 No concerns. Financial Implications/Budget Impact In the event that the Subject Lands are sold at their appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will immediately start generating tax revenue and the City will no longer be responsible for the costs relating to maintenance of the Subject Lands. The Purchaser, if any, will be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, the public notice, reference plan and appraisal. Strategic/Departmental Alignment The proposed transaction is in keeping with Council's commitment to an engaging and accountable government and a healthy, safe and livable community. List of Attachments Schedule A Schedule B - Location Map - Portrait Schedule C - PBD-2020-55 - Report Street Name Changes Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Shelley Darlington, General Manger of Corporate Services Approved - 11 Apr 2023 Jason Burgess, CAO Approved - 12 Apr 2023 Page 3 of 8 Page 258 of 418 PLAN 59R-17616 Received and deposited March 1st, 2023 Nicole Griffin Representative for the Land Registrar for the Land Titles Division of Niagara South (No.59) SCHEDULE "A"Page 4 of 8Page 259 of 418 Location Map Print Date:© City of Niagara Falls 3/30/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "B" Page 5 of 8 Page 260 of 418 SCHEDULE "C"Page 6 of 8Page 261 of 418 Page 7 of 8Page 262 of 418 Page 8 of 8Page 263 of 418 L-2023-09 Report Report to: Mayor and Council Date: April 18, 2023 Title: Encroachment Agreement with the City 4457 Ferguson Street - Partial Dwelling, Stairs and Enclosure Our File No. 2023-60 Recommendation(s) 1. In the event that Council determines it is in the best interest of the public to do so, that the City enter into an Encroachment Agreement respecting the partial dwelling, stairs and enclosure onto Hickson Avenue with Chun Pin Chang and Tieng Huynh, the future owners of 4457 Ferguson Street (the "Subject Lands") in a form satisfactory to the City Solicitor. 2. That Council approve an annual fee of $200.00 for the first year to be payable by the Encroaching owners to the City during the term of the Encroachment Agreement. 3. That the City Solicitor and Chief Administrative Officer, or their designate, are authorized to execute the required Encroachment Agreement. 4. That the City Solicitor is authorized to register the Encroachment Agreement on title to 4457 Ferguson Street and the applicable parcel for the affected portion of Hickson Avenue in the Land Registry Office at the future owners' expense. Executive Summary Rena Vaturi, one of the current owners of the Subject Lands has advised that they are selling 4457 Ferguson Street and has requested that Council consent to an assignment and/or transfer of the privileges granted to it by the City through an Encroachment Agreement dated May 11, 2021 between Rena Vaturi, Yaffa Abihsira and Michel Abihsira and the City respecting the partial dwelling, stairs and enclosure which encroach on a portion of Hickson Avenue to the purchasers, Chun Pin Chang and Tieng Huynh. In addition to a straight assignment, an annual fee for the encroachment is recommended. Background The Owners purchased the property in June 2017 and submitted an application to rezone the Subject Lands from a Residential Two (R2) zone to a Residential Mixed (R3) zone with site-specific provisions to recognize the existing 3 unit dwelling on the property. Upon review of the application, it was discovered that part of the dwelling unit, a set of covered stairs and an enclosure were encroaching into the City’s road allowance, being a portion of Hickson Avenue. As a condition of the passage of the re - Page 1 of 3 Page 264 of 418 zoning by-law (PBD-2021-04 for AM-2020-015), the Owners were to obtain Council’s approval to permit the encroachments to continue, and, to enter into an encroachment agreement with the City. Council approved the recommendations in Report L -2021-09 and the encroachment agreement was entered into on May 11, 2021. Paragraph 12 of the Encroachment Agreement states that "The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this Agreement without the written consent of City Council, which consent shall not be unreasonably withheld." Staff is recommending that following the sale of the property, the Encroachment Agreement be released from title to the property and a new encroachment agreement be entered into with Chun Pin Chang and Tieng Huynh. Analysis The Encroachment Policies and Procedures Section 600.03 will require the Owner to pay for the cost to prepare the encroachment agreement ($500.00) together with disbursements relating to a search of title and costs to register the agreement. Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time. Currently there is no annual fee payable under the Encroachment Agreement Rena Vaturi, Yaffa Abihsira and Michel Abihsira; however this should change because the construction encroaches on City property and the City should manage its affairs so that benefits are not offered to individual parties at the expense of the taxpaying community. Under the policy, there is no set schedule for annual encroachment fees, and such annual fees are set on a case by case basis as determined by the City Solicitor. The Finance Department provided a preliminary list of encroachment agreements on file to Legal Services in November 2020, which showed a majority of these type of minor encroachments at a nominal annual fee (ex. $2.00) collected against the property’s tax roll number (which is another way to notify a property owner/potential purchaser of the encroachment agreement). Despite this and consistent with the City's obligation under the Municipal Act to administer a good accountable government with financially sound practices, an annual fee of $200.00 is recommended by the City Solicitor. Financial Implications/Budget Impact The Purchasers will be responsible for all costs relating to the preparation and registration of the encroachment agreement. There will be an annual fee of $200.00 payable by the purchasers under the encroachment agreement until terminated. The fee is subject to change for such items as inflation or other costs associated with the agreement. Strategic/Departmental Alignment The proposed transaction is in keeping with Council's commitment to an engaging and accountable government. Written by: Nidhi Punyarthi, City Solicitor Page 2 of 3 Page 265 of 418 Submitted by: Status: Shelley Darlington, General Manger of Corporate Services Approved - 11 Apr 2023 Jason Burgess, CAO Approved - 11 Apr 2023 Page 3 of 3 Page 266 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re CONSENT AGENDA 9 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:09 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re CONSENT AGENDA 9 L-2023-08 Permanently Close and Declare Surplus of Lands Cook's Mills Road Our File No. 2020-186 L-2023-09 Encroachment Agreement with the City 4457 Ferguson Street - Partial Dwelling, Stairs and Enclosure Our File No. 2023-60 These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #9 Council, It is recommended to approve staffs recommendations with the exception that the encroachment fee remain $2. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 267 of 418 March  21,  2023           Attn:  Bill  Matson,  City  Clerk   City  of  Niagara  Falls   3434  Queen  Street   Niagara  Falls,  ON       Re:  Flag-­‐‑Raising-­‐‑  Polish  National  Union  of  Canada  Branch  #  12  in  Niagara  Falls       Dear  Mr.  Matson:     Please  accept  this  letter  as  a  formal  request  to  raise  the  Poland’s  National  flag  at   Niagara  Falls  City  Hall  on  Wednesday,  May  3rd  to  bring  awareness  in  our  Community   and  officially  celebrate  Poland’s  “Constitution  Day”.     As  you  may  be  aware,  Polish  Constitution  Day  (which  takes  place  each  year  on  May   3rd)  marks  the  declaration  and  adoption  of  Poland’s  first  constitution,  which  took   place  on  the  3rd  of  May  in  1791.    It  was  the  first  constitution  in  modern  Europe  and   second  in  the  world,  following  the  American  one.  This  year  we  will  observe  232nd   Anniversary.       Thank  you  for  your  time  and  consideration.  I  look  forward  to  your  feedback.     Sincerely,       Jan  Dabrowski     Polish  National  Union  of  Canada   Branch  #  12  in  Niagara  Falls           Page 268 of 418 Présentateur officiel Remerciements à Montréal, Tuesday, March 14, 2023 Subject: International Day Against Homophobia and Transphobia, May 17, 2022 Hi, Fondation Émergence's mission is to defend the rights of lesbian, gay, bisexual and trans (LGBTQ+) people. Each year, it organizes the International Day Against Homophobia and Transphobia (May 17), which was created by the Foundation for the first time in the world, in Quebec, in 2003. This day is now recognized nationally and internationally. For last year's International Day Against Homophobia and Transphobia, Fondation Émergence sent a pride flag (rainbow) to every municipality in Quebec. For this year, we’re trying to reach out to every municipality in Canada, this will send a stronger message to the government that the population stand with the LGBTQ+ community. We also invite you to adopt a resolution at City Council to mark this important day (see attached template in the email). Last year 287 municipalities showed their support for LGBTQ+ people, join the movement to help us reach a new record this year for the 20th anniversary of the Day. Map of Municipalities - May 17 In addition, we invite you to share a photo on your social networks by tagging @journee17mai with the #17mai so that your municipality can shine a light on its inclusivity throughout Quebec. If you do not have a flag in your possession, you can send us a request at the following email address: (courrier@fondationemergence.org) with the complete address of the City Hall and we will be able to send you one at the price of only $15. With your support, we continue to make history in Canada and internationally by taking a strong stand against homophobia and transphobia. Together, we can create a country that fully accepts sexual and gender diversity. Yours sincerely Laurent Breault General Director Page 269 of 418 This document is a draft municipal resolution template for the recognition of May 17th as International Day Against Homophobia and Transphobia. Please send a certified true copy to may17mai@fondationemergence.org RESOLUTION OF THE MUNICIPAL COUNCIL OF “Name of your municipality” Date Resolution No. “resolution number” - International Day Against Homophobia and Transphobia WHEREAS the Quebec Charter of Human Rights and Freedoms recognizes that no one can be discriminated against on the basis of sexual orientation or gender identity or expression; WHEREAS Quebec is a society open to everyone, including lesbian, gay, bisexual and trans people (LGBTQ+) and to all other people who identify with sexual diversity and the multiplicity of gender identities and expressions; WHEREAS, despite recent efforts towards greater inclusion of LGBTQ+ people, homophobia and transphobia are still present in society. WHEREAS May 17th is the International Day Against Homophobia and Transphobia, is celebrated as such in many countries and is the result of a Quebec-based initiative promoted by Fondation Émergence starting in 2003. WHEREAS there is reason to support the efforts of Fondation Émergence in holding this day; It is resolved to proclaim May 17 INTERNATIONAL DAY AGAINST HOMOPHOBIA AND TRANSPHOBIA and to recognize this day as such. ADOPTED UNANIMOUSLY Certified true copy SIGNATURE Name Title Page 270 of 418 AMBASSADE D’HAlTlAU CANADA L“Ambassacfeur AHC/AMB/055/2023 Ottawa.March 20,2023 M.Jim Diodati Mayor of Niagara Falls Maire de Niagara Falls 4310 Queen St Niagara Falls,ON LZE 6X5 Dear Mayor, I would like to express my utmost appreciation to Your Honour and to the Municipal Counsel ofNiagara Falls for declaring May 18,2022,Haitian Day in Niagara Falls.It was a source of pride for Haiti all over the world,especially in Canada. I would like,this year again,to submit the request to the Municipal Counsel of Niagara Falls to declares May 18,2023 “Haitian Day”. As you know,May [8 is the most celebrated Haitian national day in Haiti and its diaspora.On that day,in 1803,Haitians,in the midst of their war for independence, created the Haitian flag.For more than 200 years,Haitians all over the world including in Canada have commemorated this day with pride and dignity.It would be an honour for me as the Ambassador ofHaiti and for the 150.000 Haitians living in Canada if the Municipality of Niagara Falls decides,this year and the years to come,to associate the beloved City of Niagara Falls to this celebration by raising the Haitian ?ag,and illuminating the Niagara Falls with the colours of Haiti (red and blue). I avail myself of this opportunity to express to you,Dear Mayor,the assurances 6!/uémt?mbéaoWeibertArthus,PhDAmbassador85,rue Albert,bureau 1110,Ottawa (Ontario)K1P 6A4Tél.:613-238-1628,Téléc.:613-238-2986,E—mai|:info@ambassade—haiti.caPage 271 of 418 National Public Works Week May 21–27, 2023 “Connecting the World Through Public Works” Provincial/Territorial Proclamation (SAMPLE) WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of [insert Province/Territory]; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in [Insert Province/Territory] to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association be it now, RESOLVED, I, [Insert Full Name], [Insert Premier -or- other title] of [Insert Province/Territory], do hereby designate the week May 21–27, 2023 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of [Insert Province/Territory] (to be affixed), DONE at the [City/Town/Rural Municipality] of [Insert City/Town/Rural Municipality], [Insert Province/Territory] this ________ day of ________ 2023. [Insert Full Name of Premier] [SEAL] Page 272 of 418 1 Heather Ruzylo Subject:RE: [EXTERNAL]-International Trigeminal Neuralgia Awareness Day From: Brenda Sharp < Sent: Monday, April 3, 2023 2:35 PM To: Amanda <amanda@downtownniagarafalls.com>; Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-International Trigeminal Neuralgia Awareness Day Good afternoon Amanda and Bill! October 7, 2023 is our 11th International Trigeminal Neuralgia Awareness Day. Our Light up Teal illumination initiative will bring light and awareness to those who suffer from Trigeminal Neuralgia (TN) and other facial pain disorders. Our mission is to expand awareness world-wide, educate and create opportunities to fund research in hopes of finding a much-needed cure. Hundreds of bridges, landmarks and buildings around the world join us each October 7th by lighting up Teal (or blue). Locally, we have received confirmation for this year from Niagara Falls, the Peace Bridge, Welland Bridge 13, and Schmon Tower at Brock University. Last year the Niagara Falls Downtown BIA also joined us for the first time by lighting up the arches on Queen Street. It was beautiful, and we hope you can once again light the arches for our TN Awareness Day! In addition, I had requested that Niagara Falls provide a Proclamation on that day, but my request did not allow enough time due to the timing of your City Council Meeting. That being said, I respectfully request that Niagara Falls provide us with a Proclamation declaring that October 7th, 2023 is International Trigeminal Neuralgia Awareness Day. I am attaching a copy of the Proclamation from NOTL from 2022 as an example. Thank you in advance, Sincerely, Brenda Sharp TN Support Group Leader, Niagara Trustee for the Facial Pain Research Foundation (US and Canada) www.facingfacialpain.org 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 273 of 418 Members of TNnME (Trigeminal Neuralgia and Me) and the Facial Pain Research Foundation (FPRF) would be thankful for you to join us to celebrate our 11th Anniversary! October 7th, 2023, International Trigeminal Neuralgia Awareness Day. Our light up teal illumination initiative is to shine light on Trigeminal Neuralgia (TN) and Facial Pain Disorders. By doing so, it will expand awareness, education and create opportunities to fund re search for a much-needed cure. If you are not the main person to make this kind of authorization, could you please forward this request to the individual that can provide approval. First choice date: 10/7/2023 Second choice date: 10/6/2023 Third choice date: 10/8/2023 Date of special lighting: Saturday, October 7, 2023 (We are flexible with dates, as we have had approvals from October 1st thru October 13th) Colour Requested: TEAL (RGB #0080 80 128) Optional colour: Blue (RGB #0000FF 0,0, 255) 2023 Light up Teal Approvals are listed on the TNnME website and other social media sites. All approvals will be mentioned on TNnME websites, social network sites, as well as continuous press announcements, newspaper articles, and/or blog posts. You can follow updates and news coverage on the TNnME Media page at www.tnnme.com Name of Organization: TNnME (Trigeminal Neuralgia and Me) and FPRF (Facial Pain Research Foundation) FPRF website: www.facingfacialpain.org Contact Persons: Brenda Sharp, Niagara TN Support Group Leader/FPRF Trustee: brendasharp55@gmail.com Kathy Somers, Toronto TN Support Group Leader: kathleen_somers248@hotmail.com Hashtags: #LightUpTeal4TN #TrigeminalNeuralgia #FacialPainDisorders #Teal4TN What is Trigeminal Neuralgia? TN is a very painful disorder of the 5th cranial nerve (trigeminal nerve) that supplies sensation to the face. It is characterized by recurrent electric shock -like pain in one or more branches of the trigeminal nerve supplying feeling to the face. This facial pain is so severe, it is commonly called the “suicide disease”. There is currently no cure. Page 274 of 418 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Proclamation Request - Canadian Viral Hepatitis Elimination Day (Can Hep Day) From: Kristine Elia <kelia@niagarafalls.ca> Sent: Wednesday, March 29, 2023 2:16 PM To: 'Usick,Karen' <Karen.Usick@niagarahealth.on.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-Proclamation Request - Canadian Viral Hepatitis Elimination Day (Can Hep Day) Dear Karen: Thank you for your email requesting the City of Niagara Falls proclaim May 11, 2023 as Canadian Viral Hepatitis Elimination Day. I am including our Clerks Department to ensure that your request comes forward to a future City Council Meeting. Kind regards, Kristine Elia | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4205 | Fax 905-374-3557 | kelia@niagarafalls.ca From: Usick,Karen <Karen.Usick@niagarahealth.on.ca> Sent: Friday, March 17, 2023 3:50 PM To: wayne.redekop@niagararegion.ca; marvin.junkin@niagararegion.ca; Brian.Grant@niagararegion.ca; frank.campion@niagararegion.ca; bill.steele@niagararegion.ca; Jdiodati@niagarafall.ca; sandra.easton@niagararegion.ca; jeff.jordan@niagararegion.ca; terry.ugulini@niagararegion.ca; Mathew.Siscoe@niagararegion.ca; Gary.Zalepa@niagararegion.ca; Cheryl.Ganann@niagararegion.ca; jim.bradley@niagararegion.ca; Diodati,Jim <Jim.Diodati@niagarahealth.on.ca> Cc: dkelley@forterie.ca; SLeach@pelham.ca; adashwood@wainfleet.ca; theresa.ettorre@welland.ca; nancygiles@portcolborne.ca; Kristine Elia <kelia@niagarafalls.ca>; achambers@lincoln.ca; hsoady-easton@grimsby.ca; ginger@thorold.com; jhughes@stcatharines.ca; victoria.steele@notl.com; Jthrower@westlincoln.ca; erica.pretty@notl.com; 'BHutchinson@westlincoln.ca' <BHutchinson@westlincoln.ca>; BRavazzolo@pelham.ca; mciuffetelli@wainfleet.ca; Rachael.Babirad@welland.ca; brendaheidebrecht@portcolborne.ca; Sarah Conidi <sconidi@niagarafalls.ca>; RMunroe@forterie.ca; mciuffetelli@wainfleet.ca; brenda.larouche@welland.ca; Tessa Buonocore <Tessa.Buonocore@thorold.ca>; nancygiles@portcolborne.ca; Jacquie Miller <JMiller@pelham.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation Request - Canadian Viral Hepatitis Elimination Day (Can Hep Day) Greetings everyone I am touching base on behalf of the Niagara Health System’s – Hepatitis C Care Clinic to share with you about how we will be joining our national partners to raise awareness of viral Page 275 of 418 2 hepatitis. In May 2016, Canada signed on to the World Health Organization (WHO)’s first ever Global Viral Hepatitis Strategy, with the goal of eliminating viral hepatitis as a public health threat by 2030. On Wednesday May 11, 2022, Action Hepatitis Canada was joined by CanHepC, CanHepB, the Canadian Liver Foundation . . . and the Canadian Association for the Study of the Liver to mark the inaugural “Canadian Viral Hepatitis Elimination Day / Can Hep Day” in Ottawa. To support the global strategy, all provinces and communities across Canada are working together to raise awareness. On May 11, 2023, The Hepatitis C Care Clinic will be joining our national partners to raise awareness of “Can Hep Day” here in Niagara. Our program will be hosting our inaugural Canadian Viral Hepatitis Elimination Day (Can Hep Day) to raise awareness of hepatitis and liver health. The Hepatitis C Care Clinic community awareness event will encourage individuals to learn about hepatitis, liver health, how to receive hepatitis C testing, hepatitis C treatment … and the care and services of our program. In addition, our community partners will be joining us at our street-based health and social services fair, which take place at St. Andrews United Church-5645 Morrison Street, Niagara Falls from 11:00 am. To 3:00 pm. Event attendees will learn about the care and services of the Hepatitis C Care Clinic . . . and the care and services of our community partners. Are you wondering how you can help! We are inviting you to join with our awareness campaign and national partners to proclaim Thursday May 11, 2023, as Canadian Viral Hepatitis Elimination Day throughout the 12 municipalities of Niagara. Together we are strong . . . we can join together to raise awareness and to help the residents throughout Niagara. If you have any questions, or require further information, please do not hesitate to contact me! Hope you have a lovely afternoon and a wonderful weekend! Take care and stay safe! Karen Karen Usick – Reg. N Hepatitis C Care Clinic | Community Coordinator Niagara Health System| Addiction Services Karen.Usick@NiagaraHealth.on.ca W: 905-378-4647 x32555 | C: 289-696-2523 260 Sugarloaf Street, Port Colborne, ON L3K 2N7 HCCC Website Address - www.niagarahealth.on.ca/site/hepatitis-c-care NHS Addiction Services - www.niagarahealth.on.ca/services/addiction-recovery Page 276 of 418 3 #HepCantWait I #WorldHepatitisDay I #NoHep 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 277 of 418 Canadian Viral Hepatitis Elimination Day Proclamation May 11, 2023 WHEREAS, hepatitis B and C are among Canada’s most burdensome infectious diseases – measured in liver damage, cancer, lives lost, and significant costs to our public healthcare system; WHEREAS, more than 204,000 people in Canada are living with hepatitis C, and more than 250,000 are living with hepatitis B; WHEREAS, hepatitis C is curable, and hepatitis B is vaccine-preventable and treatable; WHEREAS, Canada has committed to eliminating viral hepatitis as a public health threat by 2030; and WHEREAS, Canadian Viral Hepatitis Elimination Day provides an opportunity to highlight the need for policies that support easy access to testing, treatment, and care for those affected, paving the way toward elimination; THEREFORE, I, Jim Diodati, Mayor of the City Of Niagara Falls do hereby proclaim May 11, 2023 Canadian Viral Hepatitis Elimination Day in Niagara Falls. Proclamation de la Journée canadienne pour l’élimination de l’hépatite virale 11 mai 2023 CONSIDÉRANT que les hépatites B et C comptent parmi les maladies infectieuses les plus onéreuses au Canada – mesurées en dommages au foie, en cancer, en vies perdues et en coûts importants pour notre système de santé public; CONSIDÉRANT que plus de 204 000 personnes au Canada vivent avec l’hépatite C et plus de 250 000 avec l’hépatite B; CONSIDÉRANT que l’hépatite C est guérissable et que l’hépatite B est évitable par la vaccination et traitable; CONSIDÉRANT que le Canada s’est engagé à éliminer l’hépatite virale en tant que menace pour la santé publique d’ici 2030; et CONSIDÉRANT que la Journée canadienne pour l’élimination de l’hépatite virale est une occasion de souligner la nécessité de mettre en place des politiques qui facilitent l’accès au dépistage, au traitement et aux soins pour les personnes touchées, tout en ouvrant la voie à l’élimination; PAR CONSÉQUENT, je, Jim Diodati, maire de Niagara Falls, proclame par la présente le 11 mai 2023 Journée canadienne pour l’élimination de l’hépatite virale à Niagara Falls. Jim Diodati Mayor / Maire Page 278 of 418 “Can Hep Day” Canadian Viral Hepatitis Elimination Day Hepatitis C testing • Food and refreshments Community health fair • Live music and entertainment Free Community Event St. Andrews United Church 5645 Morrison St. Niagara Falls Thursday, May 11 11 a.m. to 3 p.m. For more information contact Hepatitis C Care Clinic 905-378-4647 x32554 Scan code to save the date to your calendar. Page 279 of 418 niogoroheolth Page 280 of 418 375 University Ave., Suite 204, Toronto, ON M5G 2J5 ■ 647-696-0600 operationsmile.ca ■ ca-supporters@operationsmile.org Dear Mayor Jim Diodati, Operation Smile Canada would appreciate your support once again by proclaiming June 18th, 2023 as the Longest Day of SMILES® in your community. The Longest Day of SMILES® encourages community ambassadors to raise awareness and funds to help a child born with a cleft condition smile and change their life with free, safe, cleft surgery and comprehensive care. From sun-up to sun-down, from coast to coast to coast, Canadians are dedicating June 18th, 2023, and the time leading up to it, to helping children SMILE. Operation Smile Canada is a volunteer-delivered global medical charity that exists to ensure everyone has access to safe, effective surgery that they need wherever they live in the world. Surgery that will change a child’s life forever… help families, communities, countries, regions and yes, the world. By proclaiming June 18th, 2023, as the Longest Day of SMILES® in Niagara Falls and challenging other communities to do the same, you can provide waiting children with comprehensive cleft care and a hopeful future with a new smile. Our Community Engagement & Fundraising team is happy to support you and your community should you choose to participate with us. To submit your proclamation or to request more info, please email Candy Keillor, Community Engagement Specialist candy.keillor@operationsmile.org To learn more about the transformational impact of Operation Smile Canada, visit: operationsmile.ca We look forward to collaborating with you and your team to make this the best Longest Day of SMILES® yet! Together we can make a difference one smile at a time! Keep Smiling, Candy Keillor (she/her) Community Engagement Specialist Page 281 of 418 June 18th, 2023 Proclamation Longest Day of SMILES® WHEREAS: Operation Smile Canada is a global medical charity providing free, life-changing surgeries and medical care to children born with cleft conditions around the world; and WHEREAS: Every 3 minutes, a child is born with a cleft condition, and lack of access to safe, effective surgery means that easily treatable conditions like cleft lip and cleft palate can become fatal; and WHEREAS: Operation Smile Canada believes every child born with a cleft condition deserves exceptional surgical care; and WHEREAS: The Longest Day of SMILES® will unite Canadians from coast to coast to coast as they raise awareness and funds; and WHEREAS: On June 18th, 2023, the citizens of XXX are encouraged to learn more about how to support this worthy cause by visiting www.longestdayofsmiles.ca; and WHEREAS: Our community can help celebrate the Longest Day of SMILES® by posting #longestdayofsmiles on social media; and THEREFORE: I, XXX, Mayor of XXX do hereby proclaim June 18th, 2023 as “Longest Day of SMILES®” in XXX and commend its thoughtful observance to all citizens of our municipality. DATED THIS __ DAY OF ___ 2023 _______________________________________________ (Insert Ma yor’s Name), Mayor Page 282 of 418 18 juin 2023 Proclamation du Plus long jour de SOURIRES ATTENDU QUE Operation Smile Canada est une œuvre caritative médicale mondiale qui offre gratuitement des chirurgies transformatrices et des soins de santé aux enfants nés avec une fente palatine ou labiale partout dans le monde; ATTENDU QUE Toutes les 3 minutes, un enfant est né avec une fente palatine ou labiale et le manque d’accès à une chirurgie sécuritaire et efficace fait en sorte qu’une condition facilement soignée, comme celle-ci, peut devenir mortelle; ATTENDU QUE Operation Smile Canada croit que chaque enfant né avec une fente palatine ou labiale mérite de recevoir des soins chirurgicaux exceptionnels; ATTENDU QUE Le Plus long jour de SOURIRES unira les Canadiens et Canadiennes d’un bout à l’autre du pays pour sensibiliser les gens et mobiliser des fonds; ATTENDU QUE Le 18 juin 2023, les citoyens de XXX sont encouragés à se renseigner sur les façons d’appuyer cette œuvre valable en consultant www.longestdayofsmiles.ca; et ATTENDU QUE Notre communauté peut aider à célébrer le Plus long jour de SOURIRES en utilisant le mot-clic #longestdayofsmiles dans les médias sociaux; IL EST À NOTER QUE Je, XX-NAME-XX, maire de XX-CITY-XX, proclame le 18 juin 2023 le Plus long jour de SOURIRES à XX-CITY-XX et félicite tous les citoyens qui l’observe avec prévenance. EN CE __er JOUR DE ___ 202 3 _______________________________________________ (I nsérer nom ), maire Page 283 of 418 Page 284 of 418 Page 285 of 418 Page 286 of 418 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Planning, Building and Development Date: April 18th, 2023 Re: PLC-2023-001, Request for Removal of Part Lot Control Block 98, Registered Plan 59M-484, 7458, 7462, 7466, 7470 Jonathan Drive Niagara Pines Developments has requested Council pass a by-law to exempt Part Lot Control from Block 98, on Registered Plan 59M-484 to transfer the ownership of townhouse dwelling units that are under construction. Block 98 is proposed to be divided into 4 parts for 1 townhouse dwelling unit on each lot, totaling 4 townhouse dwelling units. The request can be supported based on the following: • The zoning permits townhouse dwellings on the proposed parcel sizes; and, • The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold separately. ST Attach. S:\PART LOT CONTROL\2023\PLC-2023-001 - JONATHAN DRIVE, BLOCK 98\Memo to Council – PLC-2023-001.docx Page 287 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:10 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10 Flag-Raising Request - Polish National Flag - Constitution Day Flag-Raising and Resolution Request - International Day Against Homophobia and Transphobia Flag- Raising Request - Haitian Day Proclamation Request - National Public Works Week Proclamation Request - International Trigeminal Neuralgia Awareness Day Proclamation Request - Canadian Viral Hepatitis Elimination Day (Can Hep Day) These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #10 Council, It is recommended that Council approve/support Item #10.1 through to and including Item #10.9. Thank you. Page 288 of 418 2 Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 289 of 418 Niagara Regional Labour Council Day of Mourning Ceremonies Friday, April 28, 2023 St. Catharines, 7:30 a.m. At the monument dedicated to the Fallen Welland Canal Workers, located at Lock 3 on the Welland Canal Parkway – west side of the Canal St. Catharines, 8:00 a.m. At the monument dedicated to four fallen workers – under the St. Catharines Skyway. Located on the Welland Canal Parkway – west side of the canal, under the bridge Niagara-on-the-Lake, 9:15 a.m. At the monument located at the Centennial Arena – 1557 Four Mile Creek Rd. in Virgil Niagara Falls, 10:30 a.m. At the monument located at Niagara Falls City Hall – 4310 Queen St. Fort Erie, 11:45 a.m. At the Monument located at Fort Erie City Hall – 1 Municipal Centre Dr., along Highway 3 Port Colborne, 1:00 p.m. At the Monument located in H.H. Knoll Park on Sugarloaf St., beside the hospital Welland, 2:00 p.m. At the Monument located beside the canal in Merritt Park – 151 King St. Port Robinson, 3:00 p.m. In memory of Robyn Lafleur, Esquire Canada explosion site (1999) – 125 South St. N. St. Catharines, 4:00 p.m. At the Monument located at St. Catharines City Hall – 50 Church St. Niagara Region, 5:15 p.m. At the Monument located at the Region of Niagara Headquarters – 1815 Sir Isaac Brock Way Contact: nrlc.clc@gmail.com Page 290 of 418 On April 28, our National Day of Mourning for workers inmber AND we recommit to the work of seeking justice for all. Page 291 of 418 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Day Of Mourning From: Niagara Regional Labour Council * < Sent: Monday, April 17, 2023 8:49 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Day Of Mourning On April 28th, the Niagara Regional Labour Council will observe the National Day of Mourning to remember those who have suffered and died on the job. As we remember those who have died in workplace catastrophes, those who have been exposed to toxic substances and those who have been injured due to dangerous work conditions, we rededicate ourselves to fight for safe workplaces. Therefore, as we approach April 28th, we are requesting that the City Council consider and issue a Proclamation with respect to the “National Day of Mourning”. We are also requesting that all flags be flown at HALF-MAST at City Hall on the 28th. As we remember those who have been injured and killed, we must renew our fight for the living and we must organize and mobilize for safe jobs. Attached is the schedule for the Day of Mourning Ceremonies that will be held across the Niagara Region. Thank you in advance. Lou Ann Binning President Niagara Regional Labour Council 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 292 of 418 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: March 22, 2023 Re: Response to February 28, 2023 Council Meeting Direction to Staff, Agenda Item 5.5 Regional Water and Wastewater Infrastructure Condition Concerns Erik Nickel, P.Eng. Director of Municipal Works / City Engineer Attach (2) At the February 28, 202 Council Meeting, Council gave direction to Staff within Agenda Item 5.5 Water/Wastewater Budget to Council as follows: Direction to Staff: Staff to report back with more details on the condition of regional water and wastewater infrastructure in reference to a January 2023 newspaper article where Regional official stated that seventy percent of regional water and wastewater infrastructure is in poor condition. In response, I offer this memorandum as an introductory reference to the following two documents: 1.A copy of the quoted newspaper article, and 2.A reply from the Director of Water and Wastewater Services at the Region of Niagara. For greater clarity, the City and all ten (10) other local municipalities who provide municipal water and sewer services rely on the Niagara Region to provide upper-tier services with respect to water and wastewater responsibilities as they are prescribed to do in the Municipal Act, Section 11 - Sphere of Jurisdiction. Staff traditionally respect this jurisdiction and work as collaboratively as possible with our Regional counterparts. In conclusion, based on the facts and figures shared in the reply from the Director, and based on my faith in the provincial legislation that governs these matters and the decision makers elected democratically to represent Regional interests, I am led to believe the Region will act prudently and therefore I have no immediate concerns with the state of Regional Water and Wastewater infrastructure. Sincerely, Page 293 of 418 3/22/23, 4:14 PM Niagara regional council to look at reducing 9.4% tax hike | NiagaraFallsReview.ca https://www.niagarafallsreview.ca/news/council/analysis/2023/01/18/regional-council-to-look-at-reducing-94-tax-hike.html 1/2 Newsletters NIAGARAFA… Newsletters Today’s paper  This copy is for your personal non-commercial use only. To order presentation-ready copies of Toronto Star content for distribution to colleagues, clients or customers, or inquire about permissions/licensing, please go to: www.TorontoStarReprints.com Niagara regional council to look at reducing 9.4% tax hike The budget balancing act is fraught with challenges this year, with economic pressure from inflation leaving many Niagara taxpayers struggling to keep up. Of course, the Region itself is facing similar pressure. How it all plays out will be decided in coming weeks. By Bill Sawchu k Standard Reporter Wed ., Jan. 18, 2023 3 min. read Article w as u pdated J an. 19, 2 023 JOIN THE CONVERSATION ANALYSIS Niagara Region budget deliberations are akin to a high-wire act where balance is everything. Overdo it, and council will end up punishing taxpayers already stretched thin by inflation and the pandemic. Underdo it, and the Region won’t be able to maintain its infrastructure and provide services in a way that satisfies residents. Halfway through the 2023 budget process, regional councillors are now looking at a 9.4 per cent increase on the Region’s portion of property tax bills. History shows the preliminary number isn’t the final figure, but getting to a palatable increase will test councillors during this year’s deliberations. The head of the budget committee, as chosen by council, is Fort Erie Mayor Wayne Redekop, who is never shy to respectfully challenge the staff professionals when he believes recommendations are off-target. “I’m quite fiscally conservative, and I’ve been probably the most critical, or maybe one of the most critical, of regional staff over the years,” Redekop said in an interview. “So why not get into a position where I can better understand how regional staff creates the budget and views their responsibilities? Plus, I think it’s a better way for me to impart my thinking on fiscal responsibility and budgets to council. I am always up for a challenge.” Final budget approval is set for late February, with council having already tentatively dealt with the capital budget and the rate operating budget. Still to come are transit, outside ABCs (agencies, boards and councils such as Niagara Regional Police) and the levy operating budget. “Every year, we have extraordinary challenges,” said Ron Tripp, the Region’s chief administrative officer. “This year is no different between inflation, capital needs, affordability and general expenditures associated with operating the services we provide for the community. We still have some heavy conversation to go through with the council. It’s complex with a lot of pieces to take in.” Redekop said he sees the role of council as a buffer between the corporation’s needs and the taxpayers that provide the funding. C OUNC IL Page 294 of 418 3/22/23, 4:14 PM Niagara regional council to look at reducing 9.4% tax hike | NiagaraFallsReview.ca https://www.niagarafallsreview.ca/news/council/analysis/2023/01/18/regional-council-to-look-at-reducing-94-tax-hike.html 2/2 Copyright owned or licensed by Toronto Star Newspapers Limited. All rights reserved. Republication or distribution of this content is expressly prohibited without the prior written consent of Toronto Star Newspapers Limited and/or its licensors. To order copies of Toronto Star articles, please go to: www.TorontoStarReprints.com “Theresidents are saying it is well and good for you to have all of these objectives, but you need to make this affordable for the vast majority of us, who are trying to pay tax bills, water and sewer bills, heating bills, groceries bills and put gas in their vehicles.” Todd Harrison, commissioner of corporate services and treasurer, said it’s important the budget provide the hundreds of millions of dollars in capital financing needed to maintain infrastructure that’s already here — and accommodate growth that’s coming. “We realize how impactful these levy increases are, and we want to minimize that charge,” Harrison said. “The difference is I have a responsibility to bring forward a budget that reflects our risks, and, for the most part, councillors have always been very respectful of that distinction.” Two good examples of budget issues that will play out in the coming weeks are the use of reserves and the condition of Niagara’s water and wastewater infrastructure. About 70 per cent of the water and wastewater infrastructure is in poor condition, a figure Redekop called “sobering.” “We strive to have close to 70 per cent of our infrastructure in good condition as opposed to the other way around,” he said. “So this is the challenge: do we put in the 2.5 per cent or $10.6 million suggested for capital in our water and wastewater budget this year? Or do we look at the long-term implications if we don’t do that? “That was a warning contained in the report. Will the council want to revisit that before they get to the final number? Who knows? It’s the type of thing that makes the staff’s hair turn grey — if they are not pulling it out.” Beyond the capital cost, water and wastewater facilities are part of the Region’s health and safety mandate, Harrison said. “One of the functions of an urban centre is the delivery of potable water and sewage treatment,” he said. “I mean, that’s a core service, and what we’re telling council in these budgets is we need to reinvest more money.” Using reserve funds to reduce the tax increase almost always provides a lively debate as deliberations wrap up. “Its battle occurs every year,” Redekop said. “In fairness, coming out of a pandemic with inflation and supply chain issues, is there a more justifiable time to utilize a rate stabilization reserve? “Staff will likely say council uses it all the time, but maybe we’ve got an excuse this time. The other problem is we don’t have much money left in the reserve.” Bill Sawchuk is a St. Catharines-based reporter with the Standard. Reach him via email: william.sawchuk@niagaradailies.com SHARE: Page 295 of 418 Public Works Water and Wastewater Services 3501 Schmon Pkwy., PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 www.niagararegion.ca 2023-03-23 City of Niagara Falls Municipal Works Department 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Erik Nickel, General Manager of Municipal Works As part of the 2021 Corporate Asset Management Plan (prepared and presented to Region Council in mid 2022), the Water and Wastewater Services Division undertook a comprehensive review of its services, systems performance and assets. Below, we are providing some core statistics that will help answering your question. Safe and reliable drinking water (Water Services Section) •155 Million litres/day of safe and reliable drinking water supplied to over 425,000 residents and visitors via 11 local area municipal distribution systems •6 water treatment plants; 31 outstations, including pump stations, treated water storage facilities, rechlorination facilities, sampling stations, and other facilities, and associated assets; 313 km water mains •$1.7billion Asset replacement value of which $1billion in treatment works and facilities, and $700Million in water mains •20% of assets in poor or very poor state; 80% of assets in fair condition or better (by current replacement value); •$45-49Million: Annual Average Renewal Investment Needs in the next 10 years System performance: •Drinking Water Safety: Zero boil-water advisories •99.9% Ministry inspection compliance rating across all six drinking water systems •Supply disruption: 8 connection-days per 160,897 connected properties due to water main breaks Page 296 of 418 Page | 2 Total Water Facility (WTW, PS, Reservoirs, ET) Linear Network (Transmission) Condition rating (percentage by replacement value) Replacement value (2022) $1,782,270,421.81 $1,008,968,583.37 $773,301,838.44 Very good 33.00% 8.10% 65.10% Good 34.10% 42.00% 23.90% Fair 12.90% 15.90% 8.90% Poor 11.30% 20.00% 0.20% Very poor 8.70% 14.00% 1.90% The Water Services Section has implemented a multi-barrier approach to water safety which comprises of a comprehensive risk management framework and multiple layers of protection that ensure/assure water safety and reliability. The water supply system is designed with adequate redundancy (duty/standby system) to accommodate equipment and asset failures so that the customer is not directly affected by any asset failures; furthermore, the Water Services Section has mechanisms in place to detect asset failures, repair assets and bring assets back into service without compromising the safety and reliability of customer service. We do point out that asset condition is not our preferred indicator for assessing the safety and reliability of a water supply system. The Water Services Division has a multi-dimensional approach to assessing infrastructure risks, and considers asset failure probability, frequency of asset failures for repairable systems, consequence of failure, redundancy, criticality alongside asset condition. Protecting the environment (Wastewater Services Section) •187.5 Million litres/day of sewage treatment to protect the Great Lakes from pollution •10 Wastewater Treatment Works, 1 biosolids treatment facility, 126 outstations and associated facility assets including sewage pumping stations, odour control facilities, combined sewer overflow tanks, and a storm water pumping station; 300km of gravity sewers and forcemains •$3.3 billion Asset replacement value of which 2.3 billion in facilities and $1billion in linear networks •28% of all Wastewater assets (WWTP, Pumping Station, sewers and forcemains, etc.) are in very poor or poor condition; 72 % of all assets are in fair condition or better (by current replacement value); Nearly 40 % of wastewater facilities are in either very poor or poor condition. The table below shows the distribution of condition grades for Wastewater assets grouped by facilities and linear infrastructure. •$930Million Investment needs for asset sustainability over the next 10 years, or •$76-113Million: Annual Average Renewal Investment Needs in the next 10 years Page 297 of 418 Page | 3 System performance: • 114 events per year per 158,883 connected properties where combined sewer flow in the municipal wastewater system exceeds system capacity • 2 effluent violations per year per 158,883 connected properties due to wastewater discharge Total Wastewater (Facilities and Linear network) Facilities (WWTP, SPS, etc.) Linear Network (Sewers, Forcemains) Condition rating (percentage by replacement value) Replacement value (2022) $3,319,274,417 $2,286,473,332 $1,032,801,085 Very good 12.30% 3.80% 31.10% Good 32.70% 34.50% 28.70% Fair 27.00% 23.30% 35.10% Poor 14.00% 19.70% 1.50% Very poor 14.00% 18.70% 3.60% Similar to the Water Services Section, the Wastewater Services Section has implemented a multi- barrier approach to protecting the environment and preventing any impact on customers. Despite the more advanced (condition) deterioration of its asset base, the wastewater services system is designed with redundancy (duty/standby system) to accommodate equipment and asset failures so that customers and the environment are rarely affected by any asset failures. The Wastewater Services Section also has the same mechanisms in place to detect asset failures, repair assets and bring assets back into service that are designed to limit customer and environmental exposures. Although asset deterioration in our wastewater system is more advanced compared to the water system, we consider asset condition alongside other key performance indicators such as asset failure probability, frequency of asset failures for repairable systems, consequence of failure, redundancy, criticality when prioritizing asset for renewal. Asset sustainability and growth (Engineering Section) The Waste and Wastewater Services Division has an active investment program in place to strive for asset sustainability and to accommodate growth (Engineering Section) • $1 billion worth of ongoing engineering projects • $578 Million Asset sustainability projects of which 34% in Water and 65% in Wastewater for maintaining existing infrastructure • $465 Million Growth projects of which 10% are in Water and 90% in Wastewater to facilitate a growing region Page 298 of 418 Page | 4 The water and wastewater services provided by the Division cost ca. $2 per household per day for Drinking water and Environmental Stewardship (Region cost only). Please reach out if you require further information. Regards, Joe Tonellato, P.Eng. Director,Water and Wastewater Services Public Works Department Page 299 of 418 1 Heather Ruzylo Subject:-Written Correspondence addressed to City Council From: Brian Abfal < Sent: Thursday, March 23, 2023 6:23 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Written Correspondence addressed to City Council Brian Abfal Niagara Falls, ON ******************************** Dear Council, Congratulations on your elections, I hope you have all been able to settle in. In the last election season I found that a candidate had left campaign literature affixed to my door window by means of a light adhesive. This literature would be better viewed as a business advertisement using the election campaign as a means for dissemination, as roughly 60% of its content pertained to the candidate's private business venture. I’m quite happy to receive all candidates’ materials in my mailbox. I would suggest that if Council is willing to consider a means of limiting the use of adhesive in campaign advertising - and if possible to require that campaign advertising should be about the election and not a private business - that such bylaw or other appropriate measure would be to the benefit of the residents of Niagara Falls. Regards, Brian Abfal 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 300 of 418 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 March 28, 2023 CL 5-2023, March 23, 2023 PEDC 3-2023, March 8, 2023 PDS 7-2023, March 8, 2023 Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 SENT ELECTRONICALLY Niagara Falls 2018 Waterfront Investment Program Grant Extension PDS 7-2023 Regional Council, at its meeting held on March 23, 2023, passed the following recommendation of its Planning and Economic Development Committee: 1.That an extension of the 2018 Waterfront Investment Program grant for the City of Niagara Falls’ Millennium Trail Section 5 through December 31, 2024 BE APPROVED after which time the Regional funding allocated for the grant would be repurposed; and 2.That Report PDS 7-2023 BE CIRCULATED to the City of Niagara Falls. A copy of PDS 7-2023 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2023-035 cc: M. Bannerman, Program Manager, Grants & Incentives M. Sergi, Commissioner, Planning & Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 301 of 418 PDS 7-2023 March 8, 2023 Page 1 Subject: Niagara Falls 2018 Waterfront Investment Program Grant Extension Report to: Planning and Economic Development Committee Report date: Wednesday, March 8, 2023 Recommendations 1. That an extension of the 2018 Waterfront Investment Program grant for the City of Niagara Falls’ Millennium Trail Section 5 through December 31, 2024 BE APPROVED; and 2. That Report PDS 7-2023 BE CIRCULATED to the City of Niagara Falls Key Facts  In 2018, Niagara Falls received a Waterfront Investment Program (WIP) grant for Section 5 of the Millennium Trail, designed to allow safe flow of pedestrians and cyclists through the City and connection to recreational features .  The project, originally set to be completed July 2020, was provided an extension to June 2022 and is now seeking a second extension. Regional staff are recommending an extension to December 31, 2024, which requires Council approval.  This WIP grant provided funding for two project components: the first component (design) is approximately two-thirds complete, and the second component (implementation) has not yet commenced. Recent information indicates the project is not expected to be completed until 2024.  Regional funding for the City of Niagara Falls’ 2018 WIP grant is $400,000, to be paid upon project completion and Regional approval of a final program report.  The WIP has not been funded since 2018, and was discontinued by Council in 2021. Financial Considerations The Region has allocated funding of $400,000 for the Niagara Falls 2018 WIP project. The grant has been encumbered each year since its allocation as the project has not been completed. Page 302 of 418 PDS 7-2023 March 8, 2023 Page 2 ______________________________________________________________________ Analysis In 2018, Niagara Falls was awarded a Waterfront Investment Program (WIP) grant. Through this grant, up to $400,000 in Regional funding was allocated to the City to support completion of Section 5 of the Millennium Trail. Section 5 is the last segment of the Trail stretching from Whirlpool Road to McLeod Road. Its aim is to allow pedestrians and cyclists to flow safely through the City separated from vehicular traffic, and to connect three major Regional Roads (Thorold Stone Road, Lundy's Lane, and McLeod Road) and community parks, exercise equipment, sporting fields and adjacent trails. An agreement for this WIP grant was signed in December 2018, with final reporting due July 2020. In November 2020, an extension was provided to the City through delegated staff authority to June 2022 to accommodate delays due primarily to the COVID-19 pandemic. Interim reporting in 2021 indicated the project was on track for this completion date. However, in addition to pandemic-related delays, staffing challenges and difficulty with external agencies continue to affect the project. To date, approximately two-thirds of the design component have been completed. The tendering and implementation component are pending the completion of the design and have not been initiated. The WIP grant will not be paid out until the project is complete. Currently, the City is working with its engineering consultant to finalize design for a key part of Section 5, the cycle track trail system over the Dorchester Road bridge. The design will then be resubmitted to the provincial Ministry of Transportation (MTO). The last submission to MTO in February 2022 did not receive comments back from the Ministry until late November 2022. Niagara Falls staff estimate that the work will go to tender in Q3 2023. The project is not likely to be complete until 2024. In the letter from the Region to the City approving the first extension for grant, it was noted that any subsequent funding extensions would require Regional Council approval. Precedent for this exists in PDS 39-2020, in which Council approved a second extension for the other 2018 WIP grant recipient, the Town of Lincoln, which also experienced some delays due to the pandemic. Lincoln’s WIP grant was completed by June 2021. WIP has not been funded since 2018 and was discontinued by Council in October 2021. Page 303 of 418 PDS 7-2023 March 8, 2023 Page 3 ______________________________________________________________________ Alternatives Reviewed Three alternatives may be considered regarding the grant subject to this report: 1. Council could approve an extension of Niagara Falls’ 2018 WIP grant through December 2024, after which time the Regional funding allocated for the grant would be repurposed. Recommended. This would provide clear deadlines for the grant recipient and other parties involved in the project; would provide financial clarity that would assist in Regional financial and budget planning, including repurposing funding to address other budget pressures; and would enable closure of a program Council has not funded since 2018 and discontinued in 2021. 2. Council could approve an extension of this grant until an alternate date. Not Recommended. Depending on the date, this could be challenging to the project, to the Region, or both, and result in additional reports to Council. 3. Council could decline to provide further extensions for this 2018 WIP grant. Not Recommended. This could cause challenges resulting in the extension or revision of the original project supported by the Region and the City. Relationship to Council Strategic Priorities The information in this report relates to the following Council Strategic Priorities: Priority 2: Healthy and Vibrant Communities  Objective 2.1: Enhance Community Wellbeing Priority 3: Responsible Growth and Infrastructure Planning  Objective 3.4: Facilitating the Movement of People and Goods Page 304 of 418 PDS 7-2023 March 8, 2023 Page 4 ______________________________________________________________________ Other Pertinent Reports PDS 16-2018 Waterfront Investment Program 2018 Funding Recommendations PDS 39-2020 Town of Lincoln Waterfront Investment Program Extension Request PDS 31-2021 Niagara Region Incentives Review ________________________________ Prepared by: Marian Bannerman, PhD Program Manager, Grants and Incentives Planning and Development Services ______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Planning ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Susan White, Program Financial Specialist, Financial Management and Planning, Corporate Services, and reviewed by Angela Stea, Director, Community and Long Range Planning, Planning and Development Services. Appendices None Page 305 of 418 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 March 28, 2023 CL 5-2023, March 23, 2023 PWC 3-2023, March 7, 2023 WMPSC-C 5-2023, February 27, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Illegal Dumping 2022 Year End Summary and Updates WMPSC-C 5-2023 Regional Council, at its meeting held on March 23, 2023, passed the following recommendation of its Public Works Committee: That Report WMPSC-C 5-2023, dated February 27, 2023, respecting Illegal Dumping 2022 Year End Summary and Updates, BE RECEIVED and the following recommendations BE APPROVED: 1. That the Illegal Dumping Working Group Terms of Reference BE REVISED and REPLACED with the amended Illegal Dumping Working Group Terms of Reference provided in Appendix 1 of Report WMPSC-C 5-2023; and 2. That a copy of this report BE CIRCULATED to the Local Area Municipalities for information. A copy of WMPSC-C 5-2023 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2023-033 cc : K. Ashbridge, Supervisor, Waste Management Services B. Zvaniga, Commissioner, Public Works N. Coffer, Executive Assistant to the Commissioner, Public Works Page 306 of 418 WMPSC-C 5-2023 February 27, 2023 Page 1 Subject: Illegal Dumping 2022 Year End Summary and Updates Report to: Waste Management Planning Steering Committee Report date: Monday, February 27, 2023 Recommendations 1. That the Illegal Dumping Working Group Terms of Reference BE REVISED and REPLACED with the amended Illegal Dumping Working Group Terms of Reference provided in Appendix 1 of Report WMPSC-C 5-2023; and 2. That a copy of this report BE CIRCULATED to the Local Area Municipalities for information. Key Facts  The purpose of the report is to provide an update regarding the issue of illegal dumping, information on updates to the Illegal Dumping Rewards Procedure and seek approval for the repeal and replacement of Illegal Dumping Working Group (IDWG) Terms of Reference.  The IDWG Terms of Reference was last updated in 2016. The proposed updates are required to improve the effectiveness of the IDWG.  The Illegal Dumping Rewards Procedure was implemented in 2014 to provide a financial reward to residents who report incidents of illegal dumping that lead to a conviction or a confirmed act of compliance. The proposed updated procedure will better align the rewards with the current illegal dumping set fines and fairly compensate those who assist with illegal dumping investigations.  A total of 675 illegal dumping events were recorded in 2022. A high-level summary of these events is provided as part of this report, with further details in Appendix 3. Financial Considerations There are no significant financial implications anticipated with the proposed update to the IDWG Terms of Reference or Rewards Procedure. Analysis Staff are recommending updates to the IDWG Terms of Reference and Rewards Procedure as outlined in the sections below. Also included in this report is a summary of various illegal dumping related activities and statistics for information. Page 307 of 418 WMPSC-C 5-2023 February 27, 2023 Page 2 ______________________________________________________________________ Updates to Illegal Dumping Working Group Terms of Reference The IDWG is a Niagara Region-lead committee, which was formed in 2012 to ensure a consistent and collaborative approach to dealing with the issue of illegal dumping. The committee members include representatives from each local area municipality and any additional representatives from local partners who share an interest in mitigating illegal dumping across the region, including Ontario Power Generation (OPG), Crimestoppers and Great Lakes St. Lawrence Seaway. Key priorities include:  Ensure a consistent enforcement approach across the region  Coordinate clean-up efforts between Niagara Region and local area municipalities (LAMs)  Educate the public on the issue of illegal dumping, through awareness campaigns Member participation in the IDWG has reduced over the past two (2) years, primarily due to member engagement in pandemic-related activities. To increase the effectiveness of the IDWG going forward, staff are requesting the approval of the updated IDWG Terms of Reference that are included in Appendix 1. The IDWG Terms of Reference were last updated in 2016. Key changes to the Terms of Reference include clarification of Regional jurisdiction to investigate and enforce events of illegal dumping on public property and municipal responsibility to address dumping on private property and assist with clean up on municipal lands/roads. Changes are being recommended to the IDWG composition and memberships; such as term of membership, chair, co-chair and sponsor requirements and minimum membership requirements are now clearly defined in the updated Terms of Reference. Meeting participation is expected to improve with the new addition of a quorum requirement. The minimum quorum has been set at 50% of municipal members plus one. IDWG meetings will not be scheduled without minimum quorum requirements being met. After three consecutive meetings missed an alternative member will be requested from the municipalities or organizations. The purposes of these changes to membership is to ensure the IDWG is receiving proper attendance and meetings are of value to the attending members and the IDWG can continue to advance it’s mandate. Page 308 of 418 WMPSC-C 5-2023 February 27, 2023 Page 3 ______________________________________________________________________ Member responsibilities is a new section added to the Terms of Reference. Responsibilities include:  Attend meetings or arrange for the alternate to attend  Participate and support activities of the working group  Bring forth new ideas to address illegal dumping  Review meeting minutes and advise of concerns before finalizing minutes In February 2022, the revised Terms of Reference were shared with the Public Works Officials and no comments were received regarding the proposed changes. The revised Terms of Reference were shared with the IDWG and reviewed in detail during the December 2022 hybrid meeting. During the meeting, changes related to the recommended member composition were discussed and were subsequently incorporated into the Terms of Reference as a result of the feedback from IDWG members. Updates to Rewards Procedure Rewards are currently available to residents whose report of illegal dumping results in a conviction or a confirmed act of compliance. The current rewards for a successful conviction is $200 and $50 for an act of compliance. Since the rewards procedure was implemented, the illegal dumping section of the By-law has evolved to include three (3) sections related to illegal dumping.  37.1 General Prohibition, set fine $500.  37.2 Prohibition re: Public Space Litter/Recycling Bin, set fine $150  37.3 Prohibition re: Care and Control, set fine $250 Resident involvement in an illegal dumping investigation can vary from reporting the presence of dumped material to acting as an eyewitness, which would include completing a will-say statement and potentially appearing in court if the charge is taken to trial. The awards procedure is being updated to ensure residents that have the most involvement in a report are compensated at the higher level and residents who report the presence of dumped material are fairly compensated. The updated rewards process, will provide a $200 reward for individuals reporting an illegal dump, which they witnessed that leads to a conviction under section 37.1 and a $50 reward for the reporting of dumping that leads to a conviction under By-law section 37.2 (dumping in a litter bin), 37.3 dumping care and control, or compliance. The update rewards procedure Page 309 of 418 WMPSC-C 5-2023 February 27, 2023 Page 4 ______________________________________________________________________ was presented to the Public Works Officials group and to the IDWG, no concerns were raised by either group. In 2022, three (3) rewards for illegal dumping were provided to residents. Additional rewards resulting from charges laid in 2022 are likely to occur in 2023 as the associated charges are processed by the court system. Summary of 2022 Illegal Dumping Activities and Statistics 2022 Illegal Dumping Statistics Since the establishment of the IDWG in 2012, staff has tracked the number of reports of illegal dumping across the region. Residents may report incidents of illegal dumping through the following tools:  Niagara Waste App  Niagara Online reporting tool  Niagara Waste Info Line  Crime Stoppers of Niagara In 2022, 675 illegal dumps were reported, a 10% percent decrease in illegal dumping reports compared to 2021 when 748 dumps were reported. In 2020, 678 illegal dumps were reported. Although 2022 experienced a decrease in the number of reported illegal dumps compared to 2021, the number of reports is influenced annually by staffing resources for proactive monitoring work and promotional campaigns. A further breakdown of the illegal dumps by area municipality can be found in Appendix 3. Illegal Dumping In Public Space Litter Bins In 2022, Waste Management staff continued to proactively monitor public space litter bins and respond to reports of illegal dumping in, and around bins. In 2022, 24% of illegal dumps were found to be in or around a public space litter bins. This was similar to 2021 when 19% of all illegal dumps were found in, and around, public space litter bins. In response to this issue, staff recommended an update to the Waste Management By- law to strengthen the section pertaining to the prohibition of dumping of household and privately generated waste in and around public space litter bins. When public space litter bins are used for dumping, access for collection of litter bins for litter disposal can be reduced, which often leads to overflowing bins. Additionally, the presence of Page 310 of 418 WMPSC-C 5-2023 February 27, 2023 Page 5 ______________________________________________________________________ unacceptable material – i.e. black bags of household garbage can attract additional dumping. Residents may see dumped material and believe this behaviour is acceptable. In the spring of 2022, staff installed warning stickers on public litter bins, primarily in St. Catharines, where the majority of litter bin dumping occurs. See Appendix 4 for signage image. The stickers warned potential dumpers that the bins are not for household waste and dumping would result in a $175 fine ($150 set fine, plus fees). Following the approval of set fines of the Waste Management By-Law 2022-32, in August 2022, staff began issuing Part I offence notices (ticket) to those who fail to adhere to the By-law and illegal dump in public litter bins. Over a four (4) month period, August to December 2022, staff charged 12 residents under section 37.2 of the By-law. Litter Bin Blitz In previous years staff have conducted an annual Litter Bin Inspection Blitz to audit public space litter bins for the presence of illegal dumping. Following the Blitz, warning letter were mailed to residents whose household garbage was found during the inspection. In 2021, approximately 10% of audited bins were found to contain illegal dumping. In March 2022 staff randomly audited 333 litter bins and found 9% of bins contained illegal dumping. In October and November 2022 staff inspected 384 litter bins located in hot spots for illegal dumping and found dumping in 16% of inspected bins. As a result of the fall litter bin inspections two (2) individuals were ticketed. Anti-illegal dumping signage was intended to reduce illegal dumping; however, the fall inspection of bins showed that signage was not reducing the incidents of illegal dumping at specific bins. In 2023 staff will continue to use this tool to inform residents that placing privately generated material, or household waste into a litter bin is a fineable offence. Additionally, the presence of signage on the litter bins could prove beneficial if a defendant, to an illegal dumping charge, opted to dispute the charge via an early resolution meeting or a trial. 2022 By-law Updates and Impacts on Part I Offence Notices (Tickets) In the summer of 2022 By-law No. 2017-56 was repealed and replaced with By-Law No. 2022-32: A By-Law To Regulate The Use Of The Waste Management System For The Regional Municipality Of Niagara. With this By-law update, staff expanded Section 37.2: Illegal Dumping, Prohibition re: Public Space Litter/Recycling Bin to include a Care and Control provision. With the update to section 37.2, staff can now identify material deemed to have been in the Care and Control of a person (i.e. mail) which is contained within illegally dumped material, and issue a ticket based on the presence of this evidence. Prior to the inclusion of this provision, staff could not charge based Page 311 of 418 WMPSC-C 5-2023 February 27, 2023 Page 6 ______________________________________________________________________ exclusively on evidence found within illegal dumping at litter bins and warning letters were used to advise residents of the By-law infraction. Prior to this By-law update, staff required an eyewitness to attest to the offence. The presences of an eyewitness occurs in very limited number of illegal dumping incidents. As part of the 2022 By-law updates, staff were required to resubmit short form wording and set fines for approval to the Chief Justice of the Ontario Court. Staf f did not request changes to set fines that had been approved in By-law 2017-56, including the fine associated with illegal dumping in the amount of $750. However, in August 2022 the Chief Justice reduced the fine amount for Illegal Dumping to $500. Various other set fines also were reduced by the Chief Justice during the approval process. Set fines are requested by Niagara Region but ultimately determined by the Chief Justice. The amount of the approved set fine is related to a number of factors including – similar set fines established in provincial legislation, the frequency of charges laid, and the likelihood and probability of payment. In light of the reduced set fine amount, the enforcement staff will use Part III Summons for incidents where higher set fines are required. These incidents may include, large-scale illegal dumping, repeat offenders, or dumping that has an elevated level of risk to human or environmental health. The use of the Part III Summons will allow staff to pursue fines that are greater than the set fine amount of $500. 2022 Enforcement Activity Waste management staff will investigate any incident of illegal dumping on public property. If evidence is found, staff will attempt to issue a Part I offence notice for the contravention of the By-Law. By-law enforcement officers may also request compliance, which requires a generator to remove dumped material. If the officer is unable to make contact with the generator i.e. the individual has moved, staff are unable to issue charges and the dumper information is kept on file. In cases where evidence is limited or insufficient, staff will issue a warning letter. In 2022, 104 dumps (15% of dumped material) was found to contain evidence, which resulted in 27 Part I offence notices. This represented an increase from 2021 and 2020 when 12 and seven (7) Part I offence notices were issued, respectively. Promotion and Education In spring 2022, the Illegal Dumping Communication campaign was used to address the issue of illegal dumping in the Niagara region. Campaign objectives included: Page 312 of 418 WMPSC-C 5-2023 February 27, 2023 Page 7 ______________________________________________________________________  Discourage acts illegal dumping in Niagara region  Encourage residents to report illegal dumping when observed  Raise awareness on the correct disposal options for commonly dumped materials Additional details regarding the 2022 Illegal Dumping Communications campaign are included in WMPSC C-6-2023. Next Steps Illegal dumping is a concern for Niagara Region and LAMs. The act of illegal dumping creates eyesores, has environmental implications, and costs communities. In 2023, staff will continue to investigate reports of illegal dumping in order to identify generators and issue fines where appropriate. Staff, primarily interns, will proactively monitor public space litterbins and conduct the annual Litter Blitz. Staff will also continue to utilize an app based Geographical Information System (GIS) tool, which allows for real time data collection and accurate hot spots tracking. In 2023, staff are investigating expanding the use of the tracking tool to allow municipal partners to collect illegal dumping data in the field using the same tool as Regional staff. Illegal Dumping Communications are planned for 2023. Communications will reinforce alternative disposal options for frequently dumped materials and encourage reporting through the various reporting tools. Alternatives Reviewed The option to maintain the existing Terms of Reference for the IDWG is not recommended as the changes to Terms of Reference are important to support the core function of the IDWG and improve the group’s effectiveness. The IDWG may continue to function with the current Terms of Reference; however, the updated Terms of Reference will allow the members to ensure the IDWG’s meetings are valuable and productive, by ensuring all municipal partners are involved. The Rewards Procedure could remain in its original form; however, as the By-law has been updated to include varying charges for illegal dumping, there is the potential to issue rewards that are greater in value than the set fine amount. Additionally, the current rewards structure does not fairly compensate those who act as a witness and provide additional support to the investigation. Page 313 of 418 WMPSC-C 5-2023 February 27, 2023 Page 8 ______________________________________________________________________ Relationship to Council Strategic Priorities The recommended changes to the IDWG Terms of Reference and the Illegal Dumping rewards procedure meet Council’s Strategic priority of Responsible Growth and Infrastructure Planning by protecting Niagara’s environmental features through the reduction of illegal dumping. This report is being brought to Committee to enhance the tools currently used for the mitigation of illegal dumping in the region. Other Pertinent Reports  PW: 61-204 Approval of Illegal Dumping Working Group Initiatives  PW 48-2013: Update on Illegal Dumping Initiatives _______________________________ Prepared by: Kate Ashbridge Supervisor Waste Management Services ________________________________ Recommended by: Bruce Zvaniga, P.Eng. Commissioner of Public Works Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer Appendices Appendix 1 - Illegal Dumping Working Group Terms of Reference Appendix 2 - Region Wide Reward System Procedure Appendix 3 - Illegal Dumping Investigations by Municipality Total Summary Appendix 4 – Anti Illegal Dumping Litter Receptacle Sticker Page 314 of 418 Appendix 1 Illegal Dumping Working Group Terms of Reference Revision Date: December, 2022 1 | Page Illegal Dumping Working Group Terms of Reference 1.0 Purpose of the Working Group 1.1. Ensure Local Area Municipalities and Niagara Region utilize a consistent and collaborative approach when dealing with illegal dumping. 1.1.1. Coordinate clean-up efforts between Niagara Region and Local Area Municipalities collaboratively. 1.1.2. Niagara Region jurisdiction to investigate and enforce events of illegal dumping on public property or roadside or in public space litter bins within Niagara Region. 1.1.3. Municipal jurisdiction to address events of illegal dumping on private property and assist the Region with cleaning up events of illegal dumping on municipal roads and municipal properties. 1.1.4. Ensure consistent enforcement approach through the use of the Niagara Region Waste Management By-Law, as well as other Local Area Municipal anti-dumping By-Laws. 1.2. Educate the public on illegal dumping through awareness campaigns. 1.3. Maintain reporting tool and tracking dashboard to analyze illegal dumping statistics and activity. 1.4. Map and monitor Hot Spots. 1.5. Develop and apply techniques to discourage illegal dumping. 1.6. Create future initiatives to mitigate illegal dumping. 2.0 Working Group Composition and Memberships 2.1 The Working Group seeks representation from Niagara Region, all Local Area Municipalities, Crime Stoppers and any additional representative(s) from local partnerships who share an interest in mitigating illegal dumping across the region. 2.2 Working Group Chair and Co-Chair term is a minimum of one (1) year. 2.3 There shall be one Chair, one Co-Chair on the Working Group. The Co-Chair may step in to serve as the Chair at the meetings of the Working Group. 2.4 There shall be one Sponsor on the Working Group at the Director level from Niagara Region. Working Group Sponsor to provide overall guidance and oversight to the Working Group, and liaise with Public Works Officials on behalf of the Working Group as required. Page 315 of 418 Appendix 1 Illegal Dumping Working Group Terms of Reference Revision Date: December, 2022 2 | Page 2.5 There shall be a minimum membership of one (1) individual representing each of the twelve (12) Local Area Municipalities and one (1) individual representing Crime Stoppers. The recommended municipal membership is two (2) members to represent both public works and by-law department for Local Area Municipality, where possible. 2.6 The quorum of the Working Group is 50 percent of Local Area Municipal membership, plus one. Therefore, at least seven (7) Local Area Municipal representatives are required for quorum. Working Group members shall respond to the meeting invitation with within two business days of the meeting date (i.e. respond by end of day Monday for a Wednesday meeting). If for whatever reason a quorum is not met, the meeting will be rescheduled to the earliest reasonable date. 2.7 Each participating member may register an alternate Working Group member for the purpose of attending meetings and for conducting business of the Working Group in the event that a regular member of the Working Group is unavailable. An alternate Working Group member may attend any meeting of the Working Group, however, will be considered to be a non-participating observer and will not be counted in establishing a quorum unless the regular Working Group member is absent. 2.8 If a Working Group member or their alternate misses three consecutive meetings, the Working Group may choose to seek a replacement for that member within the same organization. 2.9 Members must agree to work within the Working Group’s Terms of Reference. 3.0 Meetings 3.1 Meeting Frequency 3.1.1 The members shall meet a minimum semi-annually. 3.2 Minutes 3.2.1 Minutes of the Working Group shall be recorded by the Co-Chair. 3.2.2 Minutes will be submitted to the Niagara Region Director of Waste Management within two (2) weeks of the meeting, for approval. 3.2.3 Minutes will then be circulated to Working Group Members via email and SharePoint. Page 316 of 418 Appendix 1 Illegal Dumping Working Group Terms of Reference Revision Date: December, 2022 3 | Page 4.0 Responsibilities 4.1 Working Group Members 4.1.1 Attend all Working Group meetings. If members are unable to attend a meeting, and they have a designated alternate, the member shall arrange with their designated alternate to attend in their absence. 4.1.2 Participate in and support the execution of activities and projects of the Working Group. 4.1.3 Have an interest in reducing illegal dumping and spreading awareness to properly dispose or divert waste throughout available waste management programs. 4.1.4 Review meeting minutes and advise of concerns before finalizing minutes as a group at the following meeting. 4.2 Co-Chairs 4.2.1 Record Meeting Minutes 4.2.2 Act as Chair when Chair is unable to attend. 4.2.3 Distribute meeting agenda at least two (2) weeks in advance of meeting. 4.3 Chair 4.3.1 Schedule semi-annual meetings and prepare materials to present and discuss. 4.3.2 Take a leadership role in guiding the discussions. 4.3.3 Review and provisionally approve minutes from previous meeting. 4.3.4 Distribute approved meeting minutes and presentation materials via SharePoint. 4.4 Working Group Sponsor 4.4.1 Review and officially approve minutes from previous meeting. 4.4.2 Provide guidance and support to Working Group as required. 5.0 Reporting 5.1 Niagara Region and Local Area Municipal members will provide the Working Group with semi-annual illegal dumping statistics due before June 30th and December 31st of each year. 5.2 Members of this W orking Group shall provide updates to the Working Group Members during semi-annual meetings. 5.3 The Chair shall report to Niagara Region’s Council by means of an annual Page 317 of 418 Appendix 1 Illegal Dumping Working Group Terms of Reference Revision Date: December, 2022 4 | Page summary report to the Waste Management Planning Steering Committee which then is approved by the Public Works Committee. The annual summary report will also be presented to Public Works Officials. 6.0 Budget 6.1 The Working Group shall discuss budgets (Region and Municipal) to be allocated to illegal dumping concerns (rewards, clean ups, remedial action etc.) 7.0 Communications 7.1 Niagara Region communications staff to share illegal dumping promotion and education with Local Area Municipalities to create awareness and help prevent acts of illegal dumping. 7.2 An illegal dumping communication summary of the previous year will be provided to W orking Group Members at the first semiannual meeting. 7.3 New artwork will be approved by a representative at Crime Stoppers of Niagara for use in the illegal dumping campaign. 7.4 Municipalities can purchase Illegal dumping signage from Niagara Region to be installed in Hot Spot areas on municipal property. 7.5 Niagara Region to install illegal dumping signage in approved Hot Spot areas on Regional roads. 7.6 If evidence is discovered, but the evidence is not sufficient to issue a certificate of offence, Niagara Region staff shall issue a warning letter to the suspect and the Region shall retain evidence for one year. 8.0 Definitions Hot Spots: Process used to visualize geographical data in order to show areas with a high density or cluster of events. Page 318 of 418 Appendix 2 Illegal Dumping Working Group Rewards Procedure Revision Date: December, 2022 1 Illegal Dumping Reward System Procedure 1. Reward Amount a. $200 reward for a person reporting eyewitness information about illegal dumping in Niagara region that leads to a By-law conviction under section 37.1 of the Region’s Waste By-law as amended. Residents must be willing to complete a will-say statement and understand that they may be required to act as a witness in the event that a trial date is set. Or $50 reward for a person reporting information about illegal dumping that leads to a By-law conviction under section 37.2 or 37.3 of the Region’s Waste By-law as amended, or compliance is achieved. b. Conviction is when either: i. The fine paid by the offender. ii. The offender challenges the Notice and is found guilty in court. c. Compliance occurs when the generator removes the dumped material. 2. Eligibility a. Illegal dumping reports can be received by the Niagara Region or Local Area Municipality. b. The person reporting an illegal dump must provide sufficient information about the illegal dump and may be required to provide evidence to the court as an eye witness. c. Illegal dumping reward applies to occurrences on public land or public rights of way in accordance with the related By-laws. d. Niagara Region or Local Area Municipality can initiate and issue the Offence Notice. e. Reward is only available for an illegal dumping location within a participating Local Area Municipality or on Regional roads/property. f. Rewards are only to be paid with successful conviction or compliance. The process may take several months. g. In the case of multiple reports for the same illegal dumping incident, only one reward would be available. The person who reports the incident first will be eligible for the reward. Page 319 of 418 Appendix 2 Illegal Dumping Working Group Rewards Procedure Revision Date: December, 2022 2 3. Process for Reward a. An illegal dumping report is received by Niagara Region through online tools, e-mail or a phone call. The report may also be received by the Local Area Municipality. b. Investigation leads to issue of Offence Notice or cleanup of dumped material by the generator. c. Offence Notice is issued or generator cleanup is confirmed by staff. Occurrence is recorded in Illegal Dumping tracking database by appropriate staff at the Region or Local Area Municipality. Once generator cleanup is confirmed proceed to step (g). d. The By-law Officer issuing the Offence Notice will follow up with POA Office as to the outcome of the Notice to confirm if it was paid, charges dropped or proceeding to court. e. The By-law Officer or designate from the authority issuing the Offence Notice will record the outcome in the Illegal Dumping tracking database. f. The Area Municipality will inform the Region of any successful convictions issued at their level. g. Upon confirmation of successful conviction/compliance, Niagara Region will contact the reward recipients to inform them their illegal dumping report lead to a successful conviction/compliance. h. Only reward recipients will be contacted. i. The Region By-Law Officer will complete the Region’s cheque requisition form to request the reward be paid to the reward winner. A joint letter from the Region and participating Local Area Municipality will accompany the reward payment, co-signed by the Regional Chair, and the Mayor of the Municipality j. Niagara Region will charge back the Local Area Municipality for their share of the reward at 50%. Page 320 of 418 Appendix 3 Illegal Dumping Statistics Appendix 3 – Illegal Dumping Statistics Figure 1: 2022 Illegal Dumping Reports by month and municipality * St. Catharines illegal dumping records show a high percentage of illegal dumping compared to other Local Area Municipalities primarily due to the number of illegal dumps that occur in and around public litter bins. 2022 Illegal Dumping Reports Municipality Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Fort Erie 3 1 1 6 1 4 1 5 5 1 2 4 34 Grimsby 2 1 1 1 0 0 1 1 2 1 1 1 12 Lincoln 0 1 2 2 0 1 3 0 2 2 3 2 18 Niagara-on-the-lake 2 0 1 3 9 2 3 4 8 1 4 5 42 Niagara Falls 8 6 11 17 16 20 14 11 10 10 19 14 156 Pelham 2 2 1 4 0 2 1 2 3 3 2 2 24 Port Colborne 1 1 1 2 1 3 1 0 1 3 2 2 18 St. Catharines * 4 6 37 16 14 10 13 13 10 13 77 11 224 Thorold 2 5 1 5 5 5 5 5 6 4 4 11 58 Wainfleet 0 1 0 0 0 0 1 0 2 1 0 1 6 Welland 3 1 3 3 3 4 5 4 8 5 10 5 54 West Lincoln 4 1 5 1 1 4 7 1 2 1 2 0 29 TOTAL 31 26 64 60 50 55 55 46 59 45 126 58 675 Page 321 of 418 Appendix 3 Illegal Dumping Statistics Figure 2: Graph depicting the number of illegal dumps per year for the last five (5) years in all municipalities. Over the past five (5) years the number of reported illegal dumps has ranged from a high of 754 illegal dumps in 2018 to a low of 675 in 2022. The average over the five (5) years was 706 dumps per year. The total number of dumps has been relatively stable, with only a 12% change from min and max values. The 2022 data shows an 11% decrease in dumping over the previous year. While illegal dumping data is highly valuable for staff to identify trends, hot spots and focus proactive monitoring, it is impacted by staffing resources. When proactive monitoring occurs, specifically for litter bins there is increased the number of illegal dumping events in the recorded data. The effects of monitoring can be seen in the November 2022 column of Table 1, the total dumps recorded in November was 180% higher than October. This change in recorded dumping is a result of the fall litter bin blitz, where Intern staff were proactively inspecting bins for illegal dumping. 754 677 676 748 675 0 100 200 300 400 500 600 700 800 900 2018 2019 2020 2021 2022 Total Illegal Dumps Page 322 of 418 Appendix 4 Illegal Dumping Litter Bin Stickers Page 323 of 418 NO HOUSEHOLD Illegal dumping is a crime. Minimum fine is $175 GARBAGE Page 324 of 418 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 March 28, 2023 CL 5-2023, March 23, 2023 PEDC 3-2023, March 8, 2023 PDS 6-2023, March 8, 2023 DISTRIBUTION LIST SENT ELECTRONICALLY 2022 Niagara Region Employment Inventory Results PDS 6-2023 Regional Council, at its meeting held on March 23, 2023, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 6-2023, dated March 8, 2023, respecting 2022 Niagara Region Employment Inventory Results, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities, Local Economic Development Offices, Workforce Collective, the Niagara Chambers of Commerce and Brock University. A copy of PDS 6-2023 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2023-036 Page 325 of 418 2022 Niagara Region Employment Inventory Results March 28, 2023 Page 2 cc: M. Sergi, Commissioner, Planning & Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Distribution List Local Area Municipalities Local Economic Development Offices Workforce Collective Niagara Chambers of Commerce Brock University Page 326 of 418 PDS 6-2023 March 8, 2023 Page 1 Subject: 2022 Niagara Region Employment Inventory Results Report to: Planning and Economic Development Committee Report date: Wednesday, March 8, 2023 Recommendations 1. That this report BE RECEIVED for information; and 2. That PDS 6-2023 BE CIRCULATED to the Local Area Municipalities, Local Economic Development Offices, Workforce Collective, the Niagara Chambers of Commerce and Brock University. Key Facts  This report highlights the key performance indicators of the data collected during the 2022 Niagara Employment Inventory (NEI) period.  The NEI is a direct data collection exercise (inventory and questionnaire) where a small team of post-secondary students inventory businesses and where possible contact publically accessible (signed) businesses in person within Niagara during the summer months. The inventory is completed annually.  The Region began conducting the NEI in 2016. The NEI has not been conducted since 2019 due to public health restrictions imposed in an effort to contain the COVID-19 pandemic, as well as concerns regarding low response rate and poor sample quality if conducted remotely. The NEI was reinitiated in 2022.  The 2022 NEI team inventoried a total of 13,033 businesses throughout Niagara and received 5,811 completed questionnaires, which captured location of 112,501 full and part-time jobs and the associated data about the jobs reported by businesses who chose to participate in the questionnaire.  Data captured through the NEI is shared with and is a key asset for internal Regional departments, local area municipalities, Brock University and the Workforce Collective. A subset of the data collected is also published to Open Data to make it available to the public. Financial Considerations The NEI was funded through the Council-approved 2022 operating budget and has been included in the approved 2022 Planning and Development Services base budget. Page 327 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 2 Analysis Niagara Region is among several municipalities in Ontario that collect workplace and employment data. Since 2016, Planning and Development Services has worked closely with Economic Development to collect primary data on the types and sizes of businesses operating in Niagara. The NEI has not been conducted since 2019 due to public health restrictions imposed by all levels of government to help contain the COVID-19 pandemic. Given that the primary data collection method for the NEI is through in-person interviews, the project was halted as risks related to the health and safety, and the probability of a low response rate and poor sample quality were high. Prior to the two year reporting gap, the NEI was and will continue to be conducted annually by a small team of post-secondary students between the months of May and September. The primary data collection method is through door-to-door, in-person interviews with local business owners, with additional follow-up engagement conducted through email and telephone communication. The data collected has become vital to monitoring the region's economic health, as well as aiding in decision and policy making. The information collected over the years has cumulated into a comprehensive dataset of business information that provides the ability to analyze the regional employment landscape over time. The inventory is a geo- coded, spatially enabled dataset that facilitates analysis at a street-address level. The business questionnaire (included as Appendix 1) was developed based on best practices from other municipalities in the Greater Toronto and Hamilton Area, as well as through consultation with the following stakeholders and experience gained over the years from administering the project:  Internal Regional departments;  Local area municipalities;  Local economic development offices,  Brock University; and  Workforce Collective (formerly the Niagara Workforce Planning Board). Each year, the NEI questionnaire features a core set of questions that are tailored to gain fundamental insight into the local business community. These questions remain unchanged from year to year to enable the ability to compare results over time. The core questions are in alignment with employment questionnaires administered by our municipal counterparts in the Greater Toronto and Hamilton Area. Page 328 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 3 This year, two new categories were added to the questionnaire focused on (1) diversity, equity and inclusion and (2) work from home. These questions were added to gain an understanding of the demographic characteristics of the business community, and to provide insight into the number of businesses with employees working from home. Participation in the NEI is voluntary. Despite best efforts, the project team is unable to make direct contact with all business owners or, occasionally, a business declines to participate. Due to these factors, the reported results may not fully align with other surveys conducted by Statistics Canada or other interest groups as only the jobs captured during the inventory period are reported on. In 2022, the NEI team inventoried 13,033 businesses and received 5,811 completed questionnaires, which captured the physical location of 112,501 full and part time jobs. Compared to 2019 results, this is an increase of over 1,000 inventoried businesses, with a decrease of over 35,400 jobs identified. It is important to note that the number of jobs reported is not a reflection of the local job market, but rather is the result of a lower participation rate compared to 2019, and that the total number of businesses inventoried includes businesses observed to no longer be in operation or vacant. Niagara Region considers the results of the 2022 NEI to be successful in light of the two year reporting gap and challenges associated with the COVID-19 pandemic. Staff turnover and changing business operations became an obstacle when trying to engage businesses, largely because the contact information in the NEI database became outdated, and the project team had to refresh and/or reintroduce the inventory to the Niagara business community. Results Table 1 illustrates the proportion of complete and partially complete inventory re cords from 2016-2019, and in 2022. A complete inventory record indicates that a business provided responses to the inventory questionnaire from beginning to end (“complete questionnaire”), or the business was confirmed to be permanently closed or vacant. Partially complete records indicate the inventory team was not able to make direct contact with a business representative. In these cases the project team still captures several key attributes, such as verifying the physical location of the data point and associated sector and industry codes. The NEI continues to see a low rate (less than 1%) of businesses, who when contacted, decline to participate. Page 329 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 4 Table 1 – Inventory Completion Rate Year Complete Inventory Record Partially Complete Record Declined to Participate 2016 68% 30% 2% 2017 76% 22% 2% 2018 87% 12% 1% 2019 90% 9% <1% 2022 75% 24% <1% A steady increase in the completion rate was observed from 2016-2019. The gradual increase prior to the COVID-19 pandemic can be attributed to greater familiarity with the project team, a streamlined data entry methodology, and joint communication outreach conducted by our local Chambers of Commerce and other interest groups. In 2022, a completion rate of 75% was achieved. The completion rate in 2022 is very strong considering the challenges associated with the two year break and having to refresh or reintroduce the inventory to businesses. Job Type Results Appendix 2 illustrates the number of businesses inventoried and jobs captured within complete questionnaires in the 2022 NEI by sector based on the 2-digit North American Industry Classification System (NAICS). The NAICS was established by statistical agencies of Canada, Mexico and the United States. It is a standardized industry classification system used to categorize business establishments based on the type of economic activity of the business. Based on the number of businesses inventoried, the top three sectors observed in 2022 were: Retail Trade (22.9%), Accommodation and Food Services (15.0%) and Other Services (13.7%)1. When combined, these sectors make up of over half of all the businesses captured in the inventory. Based on the number of jobs captured in complete questionnaires, the top three sectors observed in 2022 were: Retail Trade (18.0%), Accommodation and Food Services (15.8%), and Educational Services (13.3%). Together, these sectors make up 47.1% of the total jobs captured in complete questionnaires. 1 Other Services includes repair shops, personal care facilities and laundry services, among other industries. Page 330 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 5 Business Closures and Openings Since 2019, approximately 1,343 businesses inventoried have been identified as no longer being in operation or vacant. The top three sectors that experien ced business closures were Retail Trade; Accommodation and Food Services; and Health Care and Social Assistance. Over the same period, approximately 994 new businesses were identified in the inventory. The top three sectors that new businesses were observed in are: Retail Trade; Accommodation and Food Services; and Other Services (Except Public Administration). Distribution of Inventoried Businesses and Number of Jobs by Municipality Appendix 2 contains a table that illustrates the municipal breakdown of the number of businesses and jobs reported over the five year inventory period. As mentioned above, the total businesses inventoried includes businesses observed to no longer be in operation or vacant, and total jobs reported are only for complete questionnaire s. Work from Home Public health restrictions prompted many sectors to modify how they operate to address rapidly changing circumstances. The 2022 NEI questionnaire was expanded to help establish an understanding of these workplace modifications, through questions focused on employees working from home, return to work plans and cha nging space needs. In total, 566 businesses reported having staff working from home, representing approximately 7,463 employees. The majority of employees working from home were in the Educational Services (49.4%), Manufacturing (8.6%), and Professional, Scientific and Technical Services (7.3%). The majority of businesses that responded did not report a change in space needs, with 662 businesses needing more space and 150 businesses needing less space. Diversity, Equity and Inclusion Niagara Region is the first municipal employment questionnaire in the Golden Horseshoe to include questions pertaining to Diversity, Equity and Inclusion (DEI). These questions were added in 2022 to gain a baseline understanding of demographic characteristics of the leadership teams in the Niagara business community. Page 331 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 6 Table 2 provides a summary of the responses to the questions in the newly added DEI section. Businesses were asked whether the majority of the business (+50%) are owned or led by individuals that identify as:  Person who identifies as a woman;  First Nations, Inuit or Métis person;  Person who identifies as a member of the 2SLGBT QQIA+2 community;  Person who identifies as being disabled;  Youth (Less than 18 years old); or  Person who identifies as a visible minority. Respondents could also choose to decline to answer each question. Table 2 – Diversity, Equity and Inclusion Responses Response Women Led 2SLGBTQQIA+ Led Disability Led First Nations, Inuit, Metis Led Visible Minority Led Youth Led Yes 942 69 35 29 182 13 No 1,147 1,937 2,021 2,051 1,832 2,079 Decline 1,452 1,500 1,458 1,445 1,491 1,416 Respondents were given the option to complete the DEI section in person or online. Of the 5,811 business owners that submitted questionnaire responses, approximately 2,300 left these DEI questions blank and approximately 1,400 declined to answer. Staff in the DEI and Indigenous Relations team are reviewing the responses to these questions to better understand the high level of incomplete answers and to develop strategies to increase response rates in the future. This data will also be used to inform ongoing DEI initiatives at the Region. Utilizing NEI Data The data collected each year through the NEI provides detailed local business information that is not available through Statistics Canada data. In most cases, Statistics Canada data is updated once every five years, whereas the NEI is updated on a yearly basis, excluding the two year data gap prompted by the COVID-19 pandemic. 2 Two Spirit, Lesbian, Gay, Bisexual, Trans, Queer, Questioning, Intersex, Asexual, and all other sexual orientations and genders. Page 332 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 7 Statistics Canada data remains the authoritative data source for performing analysis at regional and municipal level geographies, but lacks the ability to analyze raw business data at the street address level. Collecting annual business data at the street address level allows for detailed analysis to be carried out at custom geographies and time series. The NEI results are used in conjunction with Statistics Canada data and other data sources to accurately monitor the regional economy. This allows for a better understanding of where the Region can take action to help facilitate economic growth and understand the changes that have taken place during the two year reporting gap. Reliable business data is an integral resource to better understand the region’s employment context. This dataset plays a significant role in supporting decisions related to: population and employment growth, infrastructure investment (including public transit), economic development inquiries, and the ongoing monitoring of economic conditions and trends. In addition to supporting decision making, the data collected over the years has been used by the Region to facilitate analysis to support and add value to various projects. Below are examples of projects that the NEI data has been used for:  South Niagara Hospital Project Business Directory;  Niagara Official Plan Land Needs Assessment;  Niagara Region Waste Collection Contract Review; and  Brock University Sports Market Research. Economic Development also uses the NEI data to connect businesses to supply chain opportunities, support international promotion through the Niagara Canadian Business Directory, and to assist in analyzing the regional economy. Rebuilding Relationships The NEI also provides a key opportunity for the Region to personally connect with local businesses in order to further develop partnerships and foster an environment for innovation and development within the Niagara business community. Staff turnover and changing business operations became an obstacle when trying to engage businesses, largely because the contact information in the NEI database became outdated. Given the two year reporting gap, the project team focused on rebuilding relationships with the business community in 2022. To do so, the project team sought to educate busine ss representatives on the value of the data relative to how it is used by the Region and local municipalities, and provided an opportunity to listen to any comments or concerns. Page 333 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 8 Addressing concerns of business owners continues to be an important step in building and maintaining strong working relationships with the community. On occasion, concerns were expressed by business owners, which were addressed immediately by the project team. Where the project team could not address the concern, the business owner was referred to resources available at the Region, such as the Waste Management Info-Line or local business support services. Table 3 highlights the responses received when business owners were asked “Is there anything Niagara Region could do to help support your business?” For reporting purposes, the responses have been categorized into themes only. The raw comments are shared with applicable internal departments, and with local municipal partners. Table 3 -“Is there anything Niagara Region could do to help support your business?” Response Themes Responses Received 2022 Proportion 2019 Proportion 2022 Infrastructure/Traffic Issues/Construction 290 11.0% 17.3% Waste Management 265 3.6% 15.8% Taxes and Utilities 209 18.2% 12.5% Business Exposure 193 16.4% 11.5% Social Support Programs/Programs 109 3.6% 6.5% Incentives/Grants/Contracts 104 7.5% 6.2% Skills and Labour Force 103 12.1% 6.2% Health and Safety 92 5.4% 5.5% Parking Issues 92 5.3% 5.5% Impact of COVID-19 50 N/A1 3.0% Development Process/Zoning/Land Use 46 3.4% 2.7% Awareness and Education 39 1.7% 2.3% Beautification 28 N/A1 1.7% Transit 26 4.7% 1.6% Governance 20 N/A1 1.2% Development Charges 7 0.6% 0.4% Total 1,673 100% 100% 1 These themes were added in 2022 to reflect responses from the business community. Page 334 of 418 ______________________________________________________________________ PDS 6-2023 March 8, 2023 Page 9 Open Data Each year, a subset of the NEI results are released to the public through the Niagara Region Open Data Portal. Open Data places information in the hands of the public, promoting innovation and fostering greater transparency and accountability. The following attributes from the Employment Inventory dataset are made available to the public including, business name, location information, 6-digit North American Industry Classification System (NAICS) code, and employee size categories. Alternatives Reviewed Council may choose to purchase macro-level employment data from a secondary source, which is costly and aggregated to larger geographies. Secondary data sources are generally not published as frequently and do not provide the same level of detail when compared to primary data collected by the Region. Purchasing secondary data is not recommended given that it will not address the data gap that the NEI was initially implemented to resolve and it will not provide the same level or quality of data. Continuing to collect primary data annually provides a baseline to analyze historical trends, forecast employment growth, supplement other employment sources and provide a resource back to the community. Conducting the NEI in house also allows for the questionnaire to be customized to address the changing needs of the Region and interested parties. The goal of the NEI is to update the data on an annual basis to monitor, understand and track changes in the employment landscape over time. With successive years of data collection, historic analysis of the data will show how specific businesses, sectors and geographic areas in Niagara evolve over time as our economy changes. It also provides an opportunity for the Region to build relationships with the business community through direct, in-person engagement with staff. Relationship to Council Strategic Priorities The NEI is a key tool that the Niagara Region uses to strengthen its economic competitiveness by better understanding its current employment landscape and workforce composition. The NEI project supports Council’s strategic priorities of supporting business and economic growth, establishing a healthy and vibrant community, responsible growth and infrastructure planning and a sustainable and engaging environment. Data collected through engaging the business community is used to inform decision-making related to population and employment growth, infrastructure investment, public transit planning, economic development, and the ongoing monitoring of economic conditions. Page 335 of 418 ______________________________________________________________________ ____________________________ _______________________________ ________________________________ PDS 6-2023 March 8, 2023 Page 10 The Niagara Region and Area Municipalities rely on this dataset as a valuable asset when developing robust business cases designed to attract investment, innovation, and entrepreneurship to Niagara and strengthen the Region’s position globally. Other Pertinent Reports  PDS 13-2016 – Niagara Region Employment Survey  PDS 1-2017 – Niagara Region Employment Inventory Preliminary Results  PDS 5-2018 – Niagara Region 2017 Employment Inventory Results  PDS 6-2019 – Niagara Region 2018 Employment Inventory Results  PDS 5-2020 – Niagara Region 2019 Employment Inventory Results  PDS 12-2021 – 2021 Niagara Employment Inventory Status Update Prepared by: Recommended by: John Federici Michelle Sergi, MCIP, RPP Planner Commissioner Planning and Development Services Planning and Development Services Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Julianna Vanderlinde, Employment Inventory Coordinator, and reviewed by Angela Stea, Director, Community and Long Range Planning. Appendices Appendix 1 2022 Niagara Employment Inventory Questionnaire Appendix 2 Data Tables Page 336 of 418 PDS 6-2023 Appendix 1 APPENDIX 1 2022 Niagara Region Employment Inventory Questionnaire Page 337 of 418 Niagara.I/ Region PDS 6-2023 Appendix 12022 Niagara Region Employment Inventory Niagara Region is conducting an annual inventory of businesses to gather information for planning policy and economic development purposes. Information collected through this inventory will be grouped together and publicly reported to Regional Council in 2023. Information collected through this inventory will also be shared with Niagara’s local municipal governments, economic development offices and Employment Ontario agencies. A subset of the information collected will be released publically through Niagara Region's open data program, observing your rights and freedoms outlined in the Municipal Freedom of Information and Protection of Privacy Act. For more information about this initiative please visit Niagara's Employment Inventory (https://www.niagararegion.ca/business/employment-inventory/default.aspx). Business Identification Business Name: Business Contact Name: Street Address: Unit/Suite #: Public Business Telephone #: Business Website: Business Mailing Address: (only if different from above) Municipality: Postal Code: Business Contact Email: Business Details What year did this business open in Niagara? Is this business involved in the tourism sector? Yes ☐ No ☐ Does this business sell goods or services outside Canada? Yes ☐ No☐ Does this business import goods from outside Canada? Yes ☐ No ☐ Does this business have foreign or international ownership? Yes ☐ No ☐ If yes, what is the primary country of origin? Provide details about the specific services and/or agricultural activities associated with the business. (e.g. Full-service restaurant, Insurance agency, Machine shop, Engineering services, Roofing contractor, Vineyard, Dairy cattle farm, etc). Is this business a non-for-profit organization? Yes ☐ No ☐ Is this business home-based? Yes ☐ No ☐ Please return completed form to Niagara Region, Planning and Development Services at your earliest convenience. E-mail: employmentinventory@niagararegion.ca Fax: 905-641-5208 Mail: Employment Inventory, 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Page 338 of 418 Niagara.I/ Region PDS 6-2023 Appendix 12022 Niagara Region Employment Inventory Is this business involved with agriculture? Yes ☐ No ☐ Business Size What is the indoor floor size (GFA) of this business? ☐Feet ☐ Metres ☐ Estimate What is the outdoor operating area of this business (if applicable)? ☐Acres ☐ Hectares ☐ Estimate How many people are presently employed (including owners) at THIS location? # of Full Time Employees (work more than 30 hours per week) # of Part Time Employees (work less than 30 hours per week) PERMANENT SEASONAL (between 4-6 months per year) CONTRACT Do employees work shift work? Yes ☐ No ☐ Do employees work weekends? (Work outside the hours of 7:00 am to 6:00 pm) Yes ☐ No ☐ Work from Home Are there currently staff that work from home? If yes, what percentage? Yes ☐ No ☐ Have space needs changed in the past year? How does this business plan to return to the workplace? ☐Yes – need less space ☐Fully return ☐Yes – need more space ☐Return in a hybrid scenario☐No ☐Do not plan to return☐Unsure☐Not Applicable Sports Businesses in Niagara Is this business involved in sport-related markets or activities (i.e. customers, suppliers, other)? Yes ☐ No ☐ Equity, Diversity and Inclusion Is the majority of this business (+50%) owned or led by a woman or women? Yes ☐ No ☐ Prefer not to answer ☐ Please return completed form to Niagara Region, Planning and Development Services at your earliest convenience. E-mail: employmentinventory@niagararegion.ca Fax: 905-641-5208 Mail: Employment Inventory, 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Page 339 of 418 Niagara 91/ Region PDS 6-2023 Appendix 12022 Niagara Region Employment Inventory Is the majority of this business (+50%) owned or led by: First Nations, Inuit or Métis person Yes ☐ No ☐ Prefer not to answer ☐ Person who identifies as a member of the 2SLGBTQIA+ community Yes ☐ No ☐ Prefer not to answer ☐ Person who identifies as being disabled Yes ☐ No ☐ Prefer not to answer ☐ Youth (Less than 18 years old) Yes ☐ No ☐ Prefer not to answer ☐ Person who identifies as a visible minority Yes ☐ No ☐ Prefer not to answer ☐ Please provide details below if you desire: Regional Service Delivery Does this business currently use the Region’s curbside recycling (i.e. Blue/Grey Boxes/Carts) program for the collection of recyclables? Yes ☐ No ☐ Unknown ☐ Additional Information Is there anything the Niagara Region can do to help support this business? Consent Do you consent to receiving email communications from the Niagara Region or your Local Area Municipality on programs, services or news related to your business, and/or participating in future studies from the Niagara Workforce Planning Board for the purpose of workforce research? Personal information will be collected, used and disclosed in accordance with applicable legislation and you will have the opportunity to opt-out of communications at any time. Any questions related to the information collected please contact: Planning and Development Services at 905-685-4225 ext. 3442 Yes ☐ No ☐ Please return completed form to Niagara Region, Planning and Development Services at your earliest convenience. E-mail: employmentinventory@niagararegion.ca Fax: 905-641-5208 Mail: Employment Inventory, 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Page 340 of 418 PDS 6-2023 Appendix 2 APPENDIX 2 Data Tables Page 341 of 418 PDS 6-2023 Appendix 2 Table 1 – Distribution of Inventoried Businesses and Jobs by Municipality Municipality 2016 Total Businesses 2016 Total Jobs 2017 Total Businesses 2017 Total Jobs 2018 Total Businesses 2018 Total Jobs 2019 Total Businesses 2019 Total Jobs 2022 Total Businesses 2022 Total Jobs Fort Erie 709 6,351 719 6,867 763 8,414 775 8,301 844 5,547 Grimsby 443 4,009 455 4,750 465 5,204 479 6,682 512 4,210 Lincoln 440 4,198 543 6,650 564 6,964 571 8,108 604 6,772 Niagara Falls 2,514 22,929 2,553 32,982 2,642 32,687 2,715 33,473 2,982 24,415 NOTL 456 7,082 513 9,707 560 11,238 596 10,926 636 7,999 Pelham 271 1,743 301 2,275 318 2,677 334 3,202 372 2,865 Port Colborne 461 2,912 465 3,917 468 4,176 478 4,682 518 3,405 St.Catharines 3,657 43,045 3,771 44,254 3,966 48,130 4,051 48,726 4,396 40,107 Thorold 460 4,980 491 5,307 523 5,674 538 6,693 582 5,425 Wainfleet 43 179 58 402 60 507 61 479 72 497 Welland 1,161 11,221 1,158 12,122 1,188 14,149 1,214 14,010 1,299 9,274 West Lincoln 128 1,489 175 1,911 203 2,364 204 2,677 216 1,985 Niagara Region 10,743 110,138 11,202 131,144 11,720 142,184 12,016 147,959 13,033 112,501 Page 342 of 418 PDS 6-2023 Appendix 2 Table 2 – Number of Businesses and Jobs by NAICS Sector NAICS Industry Sector (2-Digit) Number of Jobs 2022 Number of Jobs Proportion of Region Number of Businesses 2022 Number of Businesses Proportion of Region Retail trade 20,302 18.0% 2,984 22.9% Accommodation and food services 17,802 15.8% 1,958 15.0% Educational services 14,963 13.3% 253 1.9% Manufacturing 11,793 10.5% 886 6.8% Health Care and social assistance 9,803 8.7% 1,364 10.5% Public administration 8,603 7.6% 219 1.7% Other services (except public administration) 4,196 3.7% 1,780 13.7% Construction 4,041 3.6% 411 3.2% Arts, entertainment and recreation 3,534 3.1% 418 3.2% Administrative and support, waste management and remediation services 3,161 2.8% 296 2.3% Professional, scientific and technical services 2,928 2.6% 779 6.0% Agriculture, forestry, fishing and hunting 2,462 2.2% 141 1.1% Wholesale trade 2,372 2.1% 258 2.0% Transportation and warehousing 2,092 1.9% 230 1.8% Finance and Insurance 1,864 1.7% 486 3.7% Real estate and rental and leasing 1,464 1.3% 328 2.5% Information and Cultural Industries 520 0.5% 165 1.3% Utilities 315 0.3% 33 0.3% Undetermined 183 0.2% 26 0.2% Mining, quarrying, and oil and gas extraction 59 0.1% 8 0.1% Management of companies and enterprises 44 0.0% 10 0.1% Total 112,501 100% 13,033 100% Page 343 of 418 A Great City … For Generations to Come RECREATION, CULTURE & FACILITIES Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Beth Angle, Manager of Recreation & Programs Date: April 12, 2023 Re: 2023 Niagara Falls Canada Day Celebrations Canada Day Celebrations are a great way to bring the community together, promote community involvement, and instill civic and national pride. Community celebrations naturally help to promote social connectedness and cohesion. The goal of the City of Niagara Falls is to facilitate a n inclusive, fun, and free community wide Canada Day Celebration for the citizens and visitors of Niagara Falls. Historically, Canada Day was held at Optimist Park with the look and feel of an outdoor community park with trees and greenspace. A strong, mutually beneficial, partnership was developed with the Optimist Club for the delivery of the event. In addition, the Club’s annual carnival was scheduled to include Canada Day enhancing the opportunities for families. After the sale of Optimist Park, the Canada Day Celebrations were temporarily moved to Queen Street with an urban street festival vibe. This location provided a great opportunity for buskers, food trucks, and entertainment spread out over the length of the street. To attract new participants, and rejuvenate the event, a new location has been selected this year. The 2023 Canada Day Celebrations will take place on July 1st at Firemen’s Park. Firemen’s Park is a beautiful event park. Recent investment and improvements to the amphitheatre and stage have brought it to a premier level. This location will allow for the development of a new partnership with the Stamford Centre Vo lunteer Firemen’s Association (SCVFA). The SCVFA host an annual carnival, and discussion is anticipated for future inclusion. With school being out for the summer, it has become increasingly difficult to recruit parade volunteers, schools are not interested in participating as parade entries, and spectator participation has declined. Accordingly, a decision has been made to move forward without a parade in 2023. The Recreation Division is looking forward to developing a partnership with the SCVFA , to animate and showcase Firemen’s Park with a free family event that brings back the feel of Canada Day’s past. cc: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Page 344 of 418 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Fwd: Soos/Thomson Social Issues effecting Niagara Falls motion From: Roman Soos Sent: Monday, April 10, 2023 6:33:02 PM To: wthomson@fallsviewgroup.com <wthomson@fallsviewgroup.com>; wthomson@niagarafalls.ca <wthomson@niagarafalls.ca>; jdiodati@niagarafalls.ca <jdiodati@niagarafalls.ca> Subject: Soos/Thomson Social Issues effecting Niagara Falls motion Hello Mr. Clerk, Mayor Diodati and Councillor Thomson, Mr. Clerk, I spoke to Councillor Thomson over the phone and asked him to consider moving the attached motion through a notice of motion. Councillor Thomson asked me to send him the motion for review, and copy the clerk; I have also included Mayor Diodati in the email as he has been a vocal supporter of the state of emergency for mental health, homelessness and addiction. I think the motion though big, is warranted, and I would happy to delegate on it and answer any questions that Council may have, I recently lectured on the state of emergency at Brock University. Miigwetch everyone, I look forward to seeing this motion discussed on the floor of Council. Steven Soos- 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 345 of 418 Wayne Thomson (Motion from Steven Roman Soos) City of Thorold Motion regarding Thorold State of Emergency on Mental Health, Homelessness and Addiction, and Food Security (Social Issues effecting Niagara Falls) March 09, 2023 WHEREAS Niagara Regional Council, City of Thorold, City of Niagara Falls and City of St. Catharines have adopted motions to declare mental health, homelessness, and addiction as an emergency; and WHEREAS the City of Niagara Falls has experienced a dramatic increase in individuals living rough throughout the community, both within public spaces as well as derelict and vacant private properties; and WHEREAS the availability of affordable housing options is rapidly decreasing with St. Catharines having one of the highest rents in Ontario, having increased 19% since 2021 making it harder for families and individuals to find housing, and with no increases to social assistance since 2018, making affordable housing out of reach for many residents; and WHEREAS street outreach, emergency shelter, rent allowances, and affordable housing are not able to accommodate the increased number and acuity of clients presenting with significant mental health and addictions needs, and to successfully and sustainably support clients to exit from unsheltered homelessness without intensive health supports in the community or as part of a supportive housing program; and WHEREAS Indigenous people in Niagara are disproportionately affected by homelessness, mental health and addiction and require specific and culturally relevant support through Indigenous-led interventions, with those who identify as Indigenous representing 22.6% experiencing homelessness, and 10% of overdose deaths (source: Niagara Chapter Native Women Inc.); and Therefore Be It Resolved Addiction: 1. That City of Niagara Falls ask Niagara Region commit to deliver more preventative drug education through a public health campaign on the dangers of drugs and educate the public including our youth on concepts such as the good Samaritan act, and the benefits of carrying naloxone and how to access it, education on poison supplies, designer drugs; while maintaining commitments on substance abuse public education to Niagara Falls with programs like the Overdose Prevention and Education Network of Niagara and provide regular reports and updates on milestones and initiatives, and Page 346 of 418 Mental Health: 1. That City of Niagara Falls acknowledge mental health care as a right as outlined in the Canada Health Act under access of care. 2. That City of Niagara Falls lobby the province on more therapeutic approaches and treatment pertaining to mental health care, work to develop strategies to address mental health/homeless/addiction discrimination (especially within our hospital system) and that the Ford government cover the shortfalls of funding to organizations financially struggling who provide emergency support to Niagara Falls Residents. Homelessness/Housing: 1. That Niagara Falls Council support more access in the City to Niagara housing focused emergency shelters addressing the shortfall of available shelter in Niagara (665 homeless- 121 children about 200 shelter beds in Niagara. 2. That Niagara Falls Council advocate to the Provincial Government the need for increased medium-housing supply for young people trying to enter the housing market, seniors downsizing, to open up for supply for families and to support initiatives like Tiny Homes/Temporary Modular housing and other housing models to address the housing crisis in Niagara Falls (up to 20-years for Niagara Falls) 3. That City of Niagara Falls declare homelessness a humanitarian crisis in Niagara to the Canadian federal government and request MP Tony Baldinelli to speak with the federal Ministers of Housing and International Development on the declaration. Indigenous Perspectives: 1. That the City of Niagara Falls learn how municipal and other levels of government can support Indigenous-led approaches to addressing mental health, homelessness and addiction serving Indigenous people within the community; and 2. That the provincial government be asked to add warning labels to alcohol products made available in the LCBO. 3. That the City of Niagara Falls make available and highlight more literature on Indigenous wellness through their public library. 4. That the City of Niagara Falls support the creation of a pilot project for an Indigenous mobile crisis unit in Niagara and request the provincial Indigenous Affairs Ministry and Federal Indigenous-Crown Relations Ministry to support and better fund Indigenous- emergency services in Niagara. Intellectual and Developmental Disabilities: 1. That the City of Niagara Falls request that the Ford government commit to more funding for residential services for adults and children struggling with an intellectual and/or developmental disability. That the Ford government also commit to addressing lengthy waitlists for supportive housing options to people with developmental and/or intellectual disabilities. Page 347 of 418 2. That the City of Niagara Falls also request the Ford government commit to addressing the lengthy waitlists and address funding/staffing gaps to autism services. 3. That the Ford government commit assist in the recruiting of Developmental Support Workers to address the shortage of workers for developmental disability services . Other Concepts for Mental Health, Homelessness and Addiction Emergency: 1. That Niagara Falls City Council advocate to Niagara Region Public Health and Social Services for the creation of a database for families who can sign up to take in someone with a mental health, homelessness and/or addiction issue to take stress off an overworked and underfunded mental health, addictions, homelessness system(s) in Niagara. 2. That the City of Niagara Falls communicate regular updates on the mental health, homelessness and addiction emergency to the residents of Thorold 3. That the City of Niagara Falls establish an emergency operations committee for the mental health, homelessness and addiction emergency. That the memorandum of this committee be established in a way that allows both political and public/citizen appointments with an emphasis on recruiting those with lived experience in mental health, homelessness and addiction and marginalized communities disproportionally represented in suicide, overdose and local homelessness data. 4. That the City of Niagara Falls request the United Nations Secretary General to issue a statement of condemnation on the discrimination of people experiencing mental health, homelessness and addiction around the globe. 5. That the City of Niagara Falls condemn the discrimination of the mentally ill, homeless and / or addicted within the community; and 6. That the City of Niagara Falls ask the Government of Ontario expand domestic abuse resources in Niagara. 7. That the City of Niagara Falls request the assistance of the Niagara Workforce planning board ,Brock University, Thorold BIA and Niagara Board of Trade of Commerce to explore the financial losses of lost labor productivity and unemployment locally in Niagara due to the issues of mental health and addiction which costs the Canadian economy 50 Billion for mental health and 40 Billion for substance use annually. 8. That the City of Niagara Falls provide monthly updates on the state of emergency for mental health, homelessness and addiction through all of their available communication channels and in the most cost effective way (ie. Utilization of social media). Food Security: That Niagara Falls City Council commit to the following: -Address the need for community supported agriculture to help address the issue of lack of nutritional food -Petitioning the Minister of Agriculture to increase purchasing power around access to nutritional food -The need for improved identification of local products in existing supply chains Page 348 of 418 -Encouraging the development of new markets for local food -Greater support and promotion of Ontario's Local Food Act -That Niagara Falls City Council assist their local area food banks in ramping up production and access to nutritional food by approaching organizations that assist in food distribution in Thorold. -Working with all-levels of government to provide more assistance to -Thorold-residents who are not food secure -That Niagara Falls City Council ask the federal government to re-explore labelling of foods that are genetically motified (in the interest of Consumer choice). That this resolution be circulated to all Niagara-area municipalities, MPP's, MP's, Provincial Minister of Agriculture, food and rural affairs, Niagara Christian Gleaners, Small Scale Farms, United Way Food Security Network, federal minister of Agriculture and Agri -food, Feed Ontario, Hope Centre-Welland THAT THIS RESOLUTION BE CIRCULATED TO: Niagara Region Native Centre NPAAMB the Congress of Aboriginal Peoples Niagara Region Metis Council Metis Nation Ontario Provincial Minister of Indigenous Affairs Federal Minister of Indigenous-Crown Relations Ontario Federation of Indigenous Friendship Centres and Jennifer Dockstader- Fort Erie Native Friendship Centre All Niagara-area School Boards Brock University Board of Trustees Board of Governors Niagara College Steven Leece, Ontario Education Minister Steven Soos (romansoos2022@outlook.com) Page 349 of 418 RCMP Niagara Regional Police Board All Niagara-area municipalities AMO Developmental Services Ontario Provincial ministry of Community and Social Services Community Living Association of St Catharines YWCA- Niagara Niagara Community Foundation Federal Minister of International Development (oversees Humanitarian Crisis) Federal Minister of Public Safety Federal Minister of Intergovernmental Affairs Federal Minister of Emergency Preparedness, Bill Blair Federal Minister of Immigration, Refugees and Citizenship Deputy Prime Minister, Chrystia Freeland PMO Federal Minister of Housing and Diversity and Inclusion Office of the Premier of Ontario Provincial Minister of Municipal Affairs and Housing Niagara Area MPPs and MP’s, the Ontario Solicitor General Federal Attorney General and Minister of Justice Provincial Emergency Operations Centre United Nations Secretary-General Prof. Haroon Akram Lodhi, Trent University Canadian Civil Liberties Association, Michael Bryant All Provincial Party Leaders and the Independent MPP for Haldimand Norfolk Niagara Workforce Planning Board All Niagara-area Chambers of Commerce Welland Heritage Council and Multicultural Centre Page 350 of 418 Matthew House- Fort Erie St. Catharines Folk Arts Multicultural Centre Autism Ontario South Region Provincial Minister of Intergovernmental Affairs Provincial Minister of Health Provincial Associate Minister of Mental Health and Addiction Federal Minister for Mental Health and Addiction Small Business Enterprise Centres St. Catharines and Niagara Falls Start Me Up Niagara Salvation Army OPP Provincial Chief Medical Officer of Health Canada's Chief Medical Officer Federal Minister of Health Niagara Health System Pathstone Mental Health- Kim Rossi and Sean Baylis Jon Braithwaite, Hope Centre- Welland Chief Public Health Officer of Canada Federal Labor Minister Provincial Labor Minister Christian Horizons- Niagara Bethesda Niagara Niagara Children's Centre CASON Niagara Lieutenant Governor of Ontario Niagara Regional Housing Board All of Canada's Premier's Offices, including the Territories FACS Niagara Page 351 of 418 Niagara Support Services Project Share- Niagara Falls Niagara Falls Small Enterprise Business Centre Niagara Casino OLG Niagara Board of Trade and Commerce Niagara Tourism Network Provincial Minister of Agriculture, food and rural affairs, Niagara Christian Gleaners, Small Scale Farms, United Way Food Security Network, federal minister of Agriculture and Agri-food, Feed Ontario Page 352 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 10:12 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11 Memo to Council - Regional Water and Wastewater Infrastructure Condition Concerns Correspondence from resident, Brian Abfal - Municipal Election - Candidate Campaigns Niagara Region Correspondence Memo - 2023 Niagara Falls Canada Day Celebrations Correspondence from Steven Soos - Social Issues Effecting Niagara Falls These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #11 Council, It is recommended that Council receive and file for information Item #11.1 through to and including Item #11.5. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 353 of 418 The Display of comments from residents on the agenda Council, I have noticed that when certain submitted comments are displayed in the title section of the agendas, some are titled, "Comments from resident" while others are titled "Comments from [name of individual]". In my opinion council should standardize this process of the procedural policy, namely it should be formalized that, as it is a requirement to include the individuals name with submissions, that the title should always be "Comments from [name of individual]". This has many benefits over " Comments from resident". It shows more respect towards the efforts the author invested into the submission, that they are not viewed, literally in this case as they are being viewed by persons viewing the agenda title area, as insignificant generic labels but as unique individuals. It also allows viewers of the agenda to more easily recognize the source of the comments. There is no detrimental effects towards the city, it provides clarity and consisten cy in a procedural policy practice, promotes Councils desire to connect on a personal level with the public and is easily implemented. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 354 of 418 Fallsview BIA Information Request updated Council, I have written several letters, attached for your reference, requesting information that would allow me to attend Fallsview BIA meetings. I have asked council and clerk in general (document# 03-23-2023-01), Councilor Thompson ( document# 03-24-2023-02) and Councilor Baldinelli (document#04-03-2023-01) specifically. I do not understand why it is so difficult to acquire the information where the meetings are held and when the next one is scheduled. Do they even have meetings? One could just go on the Downtown BIA website and all this information was available to the public. I have brought this to councils attention because, well, two councilors sit on the BIA board. The Fallsview information is not published online or on any website. Published contact numbers don't work. Councilor Thompson and Councilor Baldinelli are on the Fallsview BIA board and must know this information and have failed to provide this information. I can only conclude they are unable or unwilling to share it. Are these actions only directed towards me or is this a Council and/or BIA policy that this information is confidential and/or the public is not permitted to attend. Does one need to file a Freedom of Information request to Margaret Corbett to acquire the information? Does one need to ask the Ombudsman Office to look into the matter, that's a little extreme in my opinion. They most likely would look into it if someone asked them but that seems like a waste of community recourses. I do not have the investigating skills or resources of Raymond Spiteri of the Niagara Falls Review, do members of the public need to ask reporters to find this information? I have asked the people who would ought to know this information or have access to get it, yet I do not have it. I have exhausted all the natural avenues to acquire this information yet I still require it. Page 355 of 418 Could Council direct staff to provide the information, they must have to interact with the Fallsview BIA on several occasions, so they must know who would have this information and be able to connect me with that person. Will other members of the public need to go through this procedure if they ask for the information? Is this normal of all the BIAs? I find this situation highly unusual. I would appreciate some help here. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 356 of 418 MAYOR'S REPORTS, ANNOUNCEMENTS These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #5. MAYOR'S REPORTS, ANNOUNCEMENTS. I have noticed that the topic and a brief description of the Mayors reports and announcements are not provide on the agenda. The Mayor just starts talking about these and the public has no knowledge of what they are going to be. This does not allow for public comment to items on the agenda. It is recommended that this information is placed on the May 9, 2023 agenda and that the Procedural policy is changed to reflects this procedure. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 357 of 418 Council, I got this letter from legal services concerning the cities procedural policy. Does council agree with the interpretation of the events and the resolution requested? Page 358 of 418 Joedy Burdett 9053538468 4480 Bridge St., Niagara Falls Page 359 of 418 City of Niagara Falls Affordable Housing updated Report These are comments to be attached to the 04/18/2023 Council Meeting Agenda Council, Every day, Council Members (as of the beginning of your term, November 15, 2022) Every day that brings us closer to October 26, 2026 (the end of your term in office), Every day that no affordable housing is created by this Council is one more failure to provide for this need, 153 days Council Members, 153 failures ... . Page 360 of 418 Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 361 of 418 Mayor Diodati comments concerning Development Downtown updated Report Council, These are comments to be attached to the 04/18/2023 Council Meeting Agenda. On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: "You’re going to start to see high-rises, residential apartments, and condos being built in our downtown." "You're going to start to see cranes in downtown." "That’s what’s missing downtown." "You need people to live there, then you’ll need a grocery store for people to buy their food there." It is important that the mayor chooses his words carefully. As a respected official and representative of the City of Niagara Falls, making speculative statements may mislead residents (Elon Musk's Twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council at each meeting to update the progress of the claim. It has been 472 days since Mayor Diodati made that claim, and it remains false. There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. News article link (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for-falls- downtown-university-could-come-this-spring-diodati.html) Page 362 of 418 Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 363 of 418 Mayor Diodati and Councilor Strange comments concerning 15,000 students updated Report Council, These are comments to be attached to the 04/18/2023 Council Meeting Agenda. During the December 13, 2022 meeting, Mayor Diodati and Councilor Strange collectively stated that 15,000 students and faculty were going to be living and working in the downtown. It is important that this council, as respected officials and representatives of the City of Niagara Falls, refrain from making speculative statements that may mislead residents (Elon Musk's Twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council at each meeting to update the progress of the claim. It has been 125 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown. The claim remains false. The current occupancy, as researched, is 0. Page 364 of 418 Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 365 of 418 268 Maiden Lane, Suite 206, PO Box 2669, St. Marys, ON N4X 1A4 Tel: 226.661.2002 • Fax: 226.661.2003 • admin@aors.on.ca • www.aors.on.ca March 27, 2023 Dear Heads of Councils and Councillors, We, the Association of Ontario Road Supervisors (AORS), are writing you on behalf of all our municipal members to raise awareness and solicit your support by objecting to a new fee proposed by Enbridge Gas. Enbridge has announced their intention to implement a new charge to third-party contractors and other utilities for utility locates. Third-party contractors will include Ontario municipalities and contractors working on their behalf. Enbridge Gas will apply a charge of $200 CAD (plus applicable taxes ) per locate request where a field locate is required. The need for municipalities and their contractors to request these locates when doing road construction and maintenance is due to utilities being present in municipal right of ways, which municipalitie s across the province have allowed at no cost to the utility. Enbridge has stated that the Getting Ontario Connected Act passed into law in April 2022 has resulted in changes to the Ontario Underground Infrastructure Notification System Act and has caused Enbridge to make significant investments in associated operational investments. The concern being raised by our members, your public works staff, is that Enbridge will be just the beginning of these additional fees, with other utility companies implementing similar charges. These new charges will have significant impacts on municipal budgets. As examples of what impacts this announcement might have on municipalities, based on 2022 municipal locate requests alone, it is estimated that this new fee would dir ectly cost the Municipality of Central Huron approximately $35,000 annually, the City of Belleville approximately $90,000 annually and the Town of Espanola approximately $7,300 annually. It is important to note that these are direct costs alone. Any subcontractors working on behalf the municipality requesting locates will be charged this same cost, and these costs will have to be borne by someone – meaning the subcontractors will put this cost back to the municipality. Then there will be the added administrative costs at both ends of the transaction. It is difficult to determine this quickly the true fulsome costs to your budget. This will also add an extra item into tendering projects, as it will create concerns on both sides on who is responsible for these costs. By Enbridge Gas passing on these locate costs to municipalities, these costs are borne by all ratepayers across the municipality, and not only those who use this utility. We would like to request your Council consider passing the following resolution: WHEREAS, Enbridge recently made an announcement of their intention to begin charging third-party contractors and other utilities $200 CAD (plus applicable taxes) for utility locates where a field locate is required; Page 366 of 418 AND WHEREAS, third-party contractors include Ontario municipalities; AND WHEREAS, these locate requests are only required as Ontario municipalities have allowed utilities to use municipal right of ways at no charge to the utilities; AND WHEREAS, this announcement of new downloaded costs will negatively impact the budgets of Ontario municipalities which are already burdened; AND WHEREAS, if Enbridge is successful in implementing this new charge, a precedence is set for other utility companies to also begin charging for locates; THEREFORE IT BE RESOLVED, that the <insert your municipality name> strongly opposes these utility locate costs being downloaded to Ontario municipalities by Enbridge Gas or other utilities; AND THAT, the Province of Ontario’s Ministry of Public and Business Service Delivery make it clear that these costs must be borne by the utilities themselves; AND THAT, this decision be forwarded to Minister of Public and Business Service Delivery Kaleed Rasheed, Minister of Infrastructure Kinga Surma, Minister of Energy Todd Smith, Premier Doug Ford, <insert your municipality name>’s MPP, the Association of Ontario Road Supervisors and the Association of Municipalities of Ontario. Furthermore, AORS will be sending your public works senior managers and directors a survey to further investigate the true costs of this proposed fee on your budgets. We ask you to encourage your staff to complete this survey so we can better advocate on your behalf. If you require additional information, please do not hesitate to contact us. Sincerely, John Maheu Kelly Elliott Executive Director Marketing and Communications Specialist johnmaheu@aors.on.ca kellyelliott@aors.on.ca Page 367 of 418 ENBRIDGE MOTION WHEREAS, Enbridge recently made an announcement of their intention to begin charging third-party contractors and other utilities $200 CAD (plus applicable taxes) for utility locates where a field locate is required; AND WHEREAS, third-party contractors include Ontario municipalities; AND WHEREAS, these locate requests are only required as Ontario municipalities have allowed utilities to use municipal right of ways at no charge to the utilities; AND WHEREAS, this announcement of new downloaded costs will negatively impact the budgets of Ontario municipalities which are already burdened; AND WHEREAS, if Enbridge is successful in implementing this new charge, a precedence is set for other utility companies to also begin charging for locates; THEREFORE IT BE RESOLOVED, that the <insert your municipality name> strongly opposes these utility locate costs being downloaded to Ontario municipalities by Enbridge Gas or other utilities; AND THAT, the Province of Ontario’s Ministry of Public and Business Service Delivery make it clear that these costs must be borne by the utilities themselves; AND THAT, this decision be forwarded to Minister of Public and Business Service Delivery Kaleed Rasheed, Minister of Infrastructure Kinga Surma, Minister of Energy Todd Smith, Premier Doug Ford, <insert your municipality name>’s MPP, the Association of Ontario Road Supervisors and the Association of Municipalities of Ontario. Page 368 of 418 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: April 18, 2023 Re: Proposed Enbridge Gas Locate Request Fee Impacts to the City of Niagara Falls Today’s Council Agenda includes correspondence from the Association of Ontario Road Supervisors (AORS) of which the City of Niagara Falls is a member. In simple terms, Enbridge has proposed that requesting agencies, contractors, developers, or property owners incur a $200 fee for the cost of legislated utility locates of their plant that is coordinated through Ontario One-Call. No other utility presently charges a fee for this service. The impact on this contemplated change is estimated to cost City of Niagara Falls Tax and Ratepayers approximately between $140,000 and $200,000 per year for regular activities such as unplanned infrastructure replacement, planned capital works projects, sign installation, tree removal, etc. Developers, contractors, and individual property owners would also bear these costs directly as it relates to the locates at their property, for which the annual estimated sum is unknown. As Council may recall, the City into a 20-year franchise renewal agreement with Enbridge Gas recently in 2022 (refer to Report MW -2021-59) based on a strict template governed by the Ontario Energy Board (the OEB). This franchise agreement does not require Enbridge Gas to pay for permits when installing plant within the municipal road allowance, which has long been considered “quid pro quo” with all utilities in exchange for zero-cost plan markups and field locates. Note: Since receipt of this request, Enbridge has advised that the decision to implement the locate delivery charge is “on pause” while they continue with industry consultations. Staff feel strongly that this new proposal from Enbridge Gas is punitive on our tax/rate payers, and will be a barrier to development and safety. Furthermore, we believe that this contemplated practice must be ceased before becoming a precedent for other utilities to follow. Consequently, we recommend that Council support the AORS motion by passing the template resolution thus informing Enbridge Gas an d other Provincial policymakers of the City’s objection during their time of industry consultation. Sincerely, Erik Nickel, P.Eng. Director of Municipal Works / City Engineer Page 369 of 418 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Follow up from Kristine Elia From: Luka Vujic < Sent: Monday, April 3, 2023 10:20 AM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: Re: [EXTERNAL]-Follow up from Kristine Elia Yes, the event would be for a wedding and the approximate number of guests would be 40 or so individuals Luka On Mon, Apr 3, 2023 at 9:43 AM Bill Matson <billmatson@niagarafalls.ca> wrote: Thank you Luka, Could you tell me for what event this noise by-law exemption is for? i.e. wedding, birthday party And the approximate number of guests that would be attending? Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca -----Original Message----- From: Luka Vujic < Sent: Sunday, March 26, 2023 11:14 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Follow up from Kristine Elia Hi Bill, Kristine said I can send you an email with the following information. Please let me know if you need anything else. Location: 7068 Coach Drive. Date: August 6, 2023 Time: 5:00pm - 1:00am Owners Name: Dragos Vujic Music outdoors (Backyard) Best, Page 370 of 418 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 371 of 418 CV FA CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION April 3,2023 City of Niagara Falls Chief Building Official 4310 Queen Street Niagara Falls,ON Re:Special Occasion Permit and Noise Control By-Law To whom this may concern, On July 15 and 16,2023,the Chippawa Volunteer Firefighters Association (CVFA)will be hosting the Annual SPN Slo-Pitch Tournament and Street Dance. As part of the event,the CVFA has hired a number of bands to play the street dance on Saturday July 15.The location of the street dance will be at the Chippawa Lions Park.We have enclosed a map of the planned event for your files. Additionally,we would like to ask for an extension of the Noise By-Law to 11:30pm for this event.Bands are scheduled to start playing at 5pm. As a non-profit organization,the monies raised from this event,as well as our other events are donated to such initiatives as:Student scholarships,Project Share donations that directly support residents of Chippawa and Breakfast Club to name a few. Should you require any further information,or if we may be of any assistance,please feel free to contact our Social Coordinator Brian Winrow at 905 651 9673 or Ken Prohaszka at 905 295 6317. Sincerely, Jennifer Schneider CVFA Secretary 8696 Banting Ave Niagara Falls,On L2G 6Z8 vox:905 295 4398 email:chippawafire@gmail.com Page 372 of 418 .20..im. 1wxrw.uw2n.w_o%m¢ O?,?%uM7?. 1./omwmA%,?<;,§wo Fr:52...»mazm D./FF@m©0330 '33§¥‘<>\c5\LN} ‘#305%?»ML?r/r0ZWHLVC[WumfE$.>$T ?-9%-:a—~ Page 373 of 418 A Great City … For Generations to Come RECREATION, CULTURE & FACILITIES Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Clark Bernat, Senior Manager of Culture Date: April 18, 2023 Re: Noise By-law extension for Niagara Falls Exchange & Niagara Falls History Museum The City of Niagara Falls has been preparing for the Niagara Falls Exchange for many years. The facility will house the Farmers’ Market, Artist Studios, a Café and Woodworking Studio. The Exchange and its’ exterior components will be capable of housing many different cultural and community events. In the planning for the site, it is anticipated that small to mid-size events and productions will happen onsite. As a result, of both internal events and potential external events, it is desired that there be an amendment to the City’s Noise By-law, namely By-law No. 2004-105 as amended by: By-laws 2005-73, 2007-28 and 2014-155. The current by-law would require both city staff and external users to approach City Council for an exemption each time an event takes place that goes beyond 9:00 pm. City S taff are requesting to extend that time frame on Thursdays, Fridays and Saturdays, as well as holiday events, to 11:00 pm for this facility & the Museum. This will eliminate a need for many renters to approach council to get permission to hold an event onsite. City Staff is aware that the Exchange is in close proximity to residents in the neighbourhood. This is why it is limited and not as extensive as in other areas of the City. This extension will provide opportunities for those in the neighbourhood to participate in events such a s Night of Art and other signature events and we would encourage them to follow our newsletters and social media to be aware of these events. We believe this is an opportunity for the local businesses and property owners as well, which is why we approached the Main & Ferry BIA for support of this ask. At their Annual General Meeting of March 8, 2023, they passed the following motion: “That Historic Drummondville BIA supports an amendment to the City’s Noise By-law that extends to 11pm in the district on Thursday, Friday and Saturdays.” This extension is similar to those in other areas of the City. Clerks has prepared this addition to Schedule 4 that includes the address of the Niagara Falls Exchange and the Niagara Falls History Museum. Page 374 of 418 A Great City … For Generations to Come RECOMMENDATION: That Council approve the amendment to Schedule 4 in By-law No. 2004-105 as amended by: By-laws 2005-73, 2007-28 and 2014-155 to extend the Noise By- law to 11:00 pm on Thursdays, Fridays and Saturdays at 5810 Ferry Street and 5943 Sylvia Place both known as Niagara Falls History Museum and Niagara Falls Exchange. cc: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities cc: Gerald Spencer, Manager of Municipal Enforcement Services Page 375 of 418 1 Heather Ruzylo To:Clerk Subject:RE: Comment for the 04 18 2023 council meeting re COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, April 17, 2023 12:42 PM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Comment for the 04 18 2023 council meeting re COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12 Association of Ontario Road Supervisors Noise By-law Exemption - Wedding - Sunday, August 6, 2023 Noise By-law Exemption - Chippawa Slo-Pitch Tournament and Street Dance - 2023 Noise By-law extension for Niagara Falls Exchange & Niagara Falls History Museum These are comments to be attached to the 04/18/2023 Council Meeting Agenda Item #12 Council, It is recommended that Council approve staffs recommendations. Thank you. Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 376 of 418 CITY OF NIAGARA FALLS By-law No. 2023 – 030 A by-law to amend By-law No. 2021-24, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. (SBA-2022-001) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2021-24 is amended by adding the following subsection: “21.10 Site Specific Provisions 21.10.6 Notwithstanding the provisions contained in section 11.5, 11.9, and section 13.0 Table 6 hereof, a billboard sign consisting of up to 100% electronic message centre shall be permitted on the lands on the southeast corner of Victoria Avenue and Armoury Street, being PIN 64336-0219 (LT) that is the location of a parking lot known as 5034 Victoria Avenue and shall be: i. no larger than 3.048 m x 6.096 m in size; ii. equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels to not cause any impacts on surrounding residential uses nor cause a distraction to drivers along Victoria Avenue, and iii. shut off between the hours of 11:00 PM and 7:00 AM. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of April, 2023. ........................................................ ..................................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\SIGN BY-LAW AMENDMENT AND VARIANCES\2022\SBA-2022-001, Victoria Avenue 5034\By-law.docx Page 377 of 418 CITY OF NIAGARA FALLS By-law No. 2023 - 031 A by-law to designate Block 98, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2023-001). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2019-003, to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 98 into 4 parcels for 4 on-street townhouse units to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 98, Registered Plan 59M-484, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of April, 2023. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2023\PLC-2023-001 - JONATHAN DRIVE, BLOCK 98\5 By-law\By-law – PLC-2022-001.docx Page 378 of 418 CITY OF NIAGARA FALLS By-law No. 2023-032 A by-law to amend By-law No. 79-200, to permit the use of the lands for a Vacation Rental Unit (AM-2022-019). 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 this 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) A Vacation Rental Unit, and (b) The uses permitted in the DTC zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 232 square metres (b) Minimum lot frontage 7.5 metres (c) Minimum front yard depth 4 metres plus any specified distance in Section 4.27.1 (d) Minimum interior side yard width 0.8 metres to the west lot line 1.1 metres to the east lot line (e) Minimum perpendicular length of a parking space 6 metres on the Lands and abutting road allowance as permitted through an encroachment agreement Page 379 of 418 2 (f) Minimum perpendicular width of a parking space 2.5 metres (g) The balance of regulations specified for a DTC 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 D4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from DTC to DTC and numbered 1192. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1192 Refer to By-law No. 2023-032. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of April, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\AM-2022-019 Kitchener St, 5073\9. By-law\Bylaw - AM-2022-019.docx Page 380 of 418 &&&&&&&&Kitchener St Powell Av7.6m 7.6m 30.5m30.5mAmending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2022\Schedule\Zoning\019\AM-2022-019\AM-2022-019.aprx Monique Reid 272503000502600 AM-2022-019 ¹ 3/9/2023 Description:PART LOT 576, PLAN 9, TOWN OF NIAGARA FALLS AS IN RO712802; S/T & T/W RO712802; CITY OF NIAGARA FALLS PIN: 64341-0150 (LT) DTC NTS 1192 SCHEDULE 1 TO BY-LAW NO. 2023-032 Subject Lands: Page 381 of 418 CITY OF NIAGARA FALLS By-law No. 2023 - 033 A by-law to establish an Honourary Street Name Policy to provide an alternative means to recognize prominent people within the City of Niagara Falls. WHEREAS under section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by-law making powers respecting matters regarding highways, such as naming highways THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The policy entitled “Honourary Street Naming Policy” attached to this by -law as Schedule “A” be approved. 2. This by-law comes into force on the day it is passed. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of April, 2023. WILLIAM G MATSON, CITY CLERK JAMES M DIODATI, MAYOR Page 382 of 418 SCHEDULE “A” Honourary Street Naming Policy – City of Niagara Falls Introduction Street names are an important part of the community fabric as names contribute to a sense of place, community, and identity within the City of Niagara Falls. An Honourary Street name can reflect and acknowledge its unique location, history, geography, environment and/or neighbourhood. Honourary Street names should be considered and selected with care and should be subject to an established process and set of criteria and principles. This policy establishes the criteria, principles, and process by which C ouncil may consider the honourary street naming in a transparent, equitable and efficient manner. Purpose: The Honourary Street Naming Policy is intended to establish: • A clear process for the naming of Honourary streets that is transparent, equitable and efficient. • Criteria and principles to assess the appropriateness of a name to ensure that the names are consistent with the identity, values and character of the City of Niagara Falls and the area or neighbourhood served. This policy applies to all proposals for Honourary Street naming in the City of Niagara Falls. Definitions: “Honourary Name” means a name that commemorates an individual, individuals, family or organization, event, place, or natural features. “Naming” means officially dedicating a name to an honourary street sign topper; “City” means the City of Niagara Falls; Application Submission: Applicants shall submit a completed City of Niagara Falls Honourary Street Name application form to Planning, Building and Development Services, providi ng sufficient information and evidence as to how the proposed name satisfies the Naming Principles and Criteria of this policy. An application will be considered complete if the following information is submitted: Page 383 of 418 • A rationale for the naming request which addresses the Naming Criteria and Principles of this policy; and, • Documentation that substantiates the rationale (e.g., articles, certificates, awards, service records, pictures, maps, excerpts from books or articles, historical documents, research articles or documents etc.). If the applicant is proposing to name a street after an individual or organization the following information is also required to be provided by the applicant: • Background information and/or biographical information demonstrating tha t the proposed name is of significance to the community and/or the City and is directly linked to the area where the honourary street name topper is being requested; and, • A letter addressed to the City from the individual or organization being honoured, o r if the individual is deceased, or the organization no longer exists, from their next of kin or legal representative or past members of the organization, granting permission to place an honourary street name topper. Naming Principles and Criteria: 1. The following principles shall be applied: a) Names shall be based on persons associated with the City of Niagara Falls; b) Names shall be based on local history, organizations, places, events, or culture; c) Names shall be based on persons who demonstrate excellence, courage, or exceptional service to the citizens of the City of Niagara Falls; d) Names shall be consistent with a neighbourhood identity and community commitment; e) Names shall be based on native wildlife, flora, fauna, or natural features related to the community and the City of Niagara Falls; f) Names shall be unique. Name duplication and similar sounding names shall be avoided: and, g) Names shall portray a strong positive image of the City, give a sense of place, continuity and belonging and celebrate the distinguishing characteristics and uniqueness of the City. 2. Names shall not: a) Be political in nature; b) Be or perceived to be discriminatory or derogatory of race, color, ethnic origin, gender identity or expression, sexual orientation, religion, or creed; c) Be corrupted or modified names or names associated with controversial or divisive persons or views. Page 384 of 418 3. Naming Criteria: (a) Proposals for Honourary street names shall be submitted to the Senior Manager of Policy Planning or their designate for consideration; (b) Should there be multiple requests, a short list of names shall be randomly selected on an annual basis and reviewed for conflicts with existing street names; (c) Street or portion thereof that is chosen to be identified as an Honourary street shall bear an approved honourary street sign topper; (d) Approval of a proposed Honourary Street name shall be the responsibility of the Senior Manager of Policy Planning or their designate, in consultation with the Information Systems Manager; (e) This policy is not a substitute for the existing Street Naming Policy or Parks Naming Policy. (f) The Honourary Street name will remain on the chosen street for a period of 5 years with an option to renew for an additional 5 years after which time the honourary street sign topper is removed and returned to the applicant. (g) The City reserves the right to re-consider the Honourary Street name if it is found that the individual’s personal character is or was such that the continued use of their name would not be in the best interest of the community. (h) In cases where names are affiliated with individuals or organizations, the following criteria must be met: i. The contributions of the individual or organization must be well- documented and broadly acknowledged within the community; ii. A direct relationship or association must exist between the individual or organization and the area for the Honourary Street naming; iii. The reputation of the individual or organ ization must be honourable and beyond reproach to be considered for naming or renaming; iv. In the case of an individual being an elected official or civil servant, he/she must be retired from public service or deceased; v. Written permission shall be obtained from the individual or organization for such naming; vi. If the individual is deceased, written permission shall be obtained from the next of kin or legal representative for such naming; and, vii. If permission from the individual or organization cannot be obtained, the City may approve the name if the applicant is able to demonstrate reasonable documented efforts to obtain consent to the satisfaction of the City. Page 385 of 418 Application Review Each application for naming shall undergo a process wherein staff will review the application for conformity to this policy and will circulate the application to relevant stakeholders for review and comment on the suitability of the application. City of Niagara Falls Planning staff, Fire Services and GIS will consider appropriatene ss of a proposed name and to ensure that there is no conflict with existing street names. Recreation and Culture staff will consider the proposed name with respect to compliance with the Naming and Renaming of City Property Policy. The duration of the review process will be dictated by the nature of the naming application. Name Selection Following application review, City staff shall submit a report to Council, outlining their review process and offering a recommendation for consideration. The report shall include but not be limited to: a) A complete application form; b) Background and biographical information; c) Documentation supporting the request; d) Option(s) for consideration; e) Recommendation Term Limit The Honourary Street Name sign will remain in place for a term of 5 years with an option to renew for an additional 5 years. Final Decision The final decision on the Honourary Street Name shall be made by Council. Costs Applicant or nominator pays an app lication fee of $177 and $237 for each sign topper (one for each end of the street) for a total fee of $651 + HST = $735.63 Page 386 of 418 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 – 034 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Angie Drive & Garner Road Westbound on Angie Drive Angie Drive & Curlin Crescent (East Intersection) Southbound on Curlin Crescent Angie Drive & Curlin Crescent (West Intersection) Southbound on Curlin Crescent This By-law shall come into force when the appropriate signs are installed. Passed this eighteenth day of April 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 18, 2023 Second Reading: April 18, 2023 Third Reading: April 18, 2023 Page 387 of 418 CITY OF NIAGARA FALLS By-law No. 2023 - 035 A by-law to declare PIN 64263-0052 (LT), Part Unopened Road Allowance between Township Lot 206 & 207, Stamford, Part 8, 59R-4705, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of March 21, 2023, adopted the Recommendations of Council Report L-2023-06, to permanently close and declare surplus PIN 64263-0052 (LT), Part Unopened Road Allowance between Township Lot 206 & 207, Stamford, Part 8, 59R -4705; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. PIN 64263-0052 (LT), Part Unopened Road Allowance between Township Lot 206 & 207, Stamford, Part 8, 59R-4705, in the City of Niagara Falls, in the Regional Municipality of Niagara, hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 18th day of April, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 388 of 418 CITY OF NIAGARA FALLS By-law No. 2023 - 036 A by-law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Unopened Road Allowance between Township Lots 206 & 207, Stamford, Part 8, 59R-4705, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 18th day of April, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 389 of 418 WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 18, 2023 Second Reading: April 18, 2023 Third Reading: April 18, 2023 CITY OF NIAGARA FALLS By-law No. 2023-037 A by-law to provide for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan and to repeal By-law 2023-023. 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.The attached text and mapping constituting Amendment No. 147 to the City of Niagara Falls Official Plan is hereby adopted. 2.This by-law will come into force and effect on the day of the approval of the amendment by the Regional Municipality of Niagara. 3.By-law No. 2023-023 which provided for the previous adoption of Amendment No. 147 is hereby repealed. Passed this eighteenth day of April, 2023. Page 390 of 418 OFFICIAL PLAN AMENDMENT NO. 147 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting employment lands that implement the recommendations of the City of Niagara Falls Employment Lands Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls currently designated for employment (industrial) uses as well as those lands proposed to be re-designated as part of this amendment, either from a current employment (industrial use) to a new land use or from an existing land use to an employment land use. (iii) Details of the Amendment Map Change • Schedule A is amended to illustrate the City’s designated employment lands. The ‘Industrial’ land use designation within the leg end of Schedule A is amended such that the word ‘Industrial’ is replaced with the word ‘Employment’ • Schedule A-5 is amended to illustrate the recommended conversions within the Transit Station Secondary Plan • Schedule A-7 is a new schedule depicting the City’s employment lands, Employment Areas, and the Gateway Economic Zone. Text Change • The amendment updates Section 8 - Industrial of the Official Plan to address issues of consistency and conformity with Provincial and upper- tier plans, as well as general reorganization. • Minor revisions were made throughout the Official Plan, related to the replacement of the word ‘Industrial’ with the word ‘Employment’ and other clarifications respecting employment lands and Employment Areas. (iv) Basis of the Amendment Watson & Associated Economists Ltd (Watson), in partnership with Dillon Consulting Ltd (Dillon), and MDB Insight Inc. (MDB), were retained in the winter of 2020 by the City of Niagara Falls to conduct an Employment Lands Strategy with the intent to provide a long-term vision and planning policy framework for the City to enhance the competitive position for industrial and office employment. The study assessed the City’s long-term employment land needs to the 2051 planning horizon, considered the adequacy and marketability of the City’s ‘shovel-ready’ Page 391 of 418 employment lands in the near-term, and provided a number of policy recommendations for implementation to achieve consistency, conformity and alignment with upper-tier and provincial planning policy. The Niagara Falls Employment Land Strategy was subject to a number of stakeholder sessions, as well as a public consultation process on the proposed recommendations and implementing amendments to the Official Plan and Zoning By-law. A Statutory Public meeting under the Planning Act was held on July 13, 2021 and on August 9, 2022. Page 392 of 418 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 147 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES a) SCHEDULE A – FUTURE LAND USE PLAN of the Official Plan is amended by: i) revising the legend to replace the word ‘Industrial’ with the word ‘Employment’; ii) redesignating lands currently identified as ‘Resort Commercial’ to ‘Employment’ as shown on the map attached entitled “Map 1 to Amendment No. 147; iii) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 2 to Amendment No. 147; iv) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 3 to Amendment No. 147; v) redesignating lands currently identified as ‘Industrial’ to ‘Residential’ and identified as Special Policy Area 87 as shown on the map attached entitled Map 4 to Amendment No. 147. b) SCHEDULE A-5 – TRANSIT STATION SECONDARY PLAN AREA is amended by redesignating a portion of the lands currently identified as ‘Employment’ to ‘Mixed Use 2’ as shown on the map attached entitled Map 5 to Amendment No. 147 c) A new SCHEDULE A-7 –EMPLOYMENT LANDS is added as shown on the map attached entitled “Map 6 to Amendment No. 147”. 2. TEXT CHANGES a) TABLE OF CONTENTS is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. b) PART 1, SECTION 2 - STRATEGIC POLICY DIRECTION, paragraph 3 is deleted in its entirety and replaced with the following: “In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non-employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependent on cross-border trade and the movement of goods. It is the intent of this Plan to identify these areas and protect them for future employment. Page 393 of 418 Schedule A-7 identifies the Gateway Economic Zone, which is comprised of the total geographic area of lands within the Municipalities of Niagara Falls and Fort Erie, which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. Lands within the Niagara Economic Gateway are preferred for the identification of future Employment Areas and Provincially Significant Employment Zones. “ c) PART 1, SECTION 2, GROWTH OBJECTIVES is amended by: replacing the word ‘Industrial’ with the word ‘Employment’ within Objective 12; and by renumbering Objective 13 to Objective 14 and adding the following new Objective 13: “13. To meet the minimum employment density targets established through the Region of Niagara Comprehensive Review. Table 2. Employment Area Minimum Density Targets to 2051 Employment Area Minimum Overall Density Target 1 – Highway 405 Core 15 jobs/ha 2 – North Secure Storage Area Core 15 jobs/ha 3 – QEW/420 Dynamic 25 jobs/ha 4 – QEW Centre Dynamic 50 jobs/ha 5 – Montrose/Grassy Brook Dynamic 20 jobs/ha 6 – Dorchester Road Core 45 jobs/ha 7 – Stanley Avenue Business Park Dynamic 15 jobs/ha d) PART 1, SECTION 2, POLICY 2.7 is deleted in its entirety and replaced with the following: “2.7 Employment Areas located within the Urban Area along the Queen Elizabeth Way, are identified on Schedule A-7. Lands within these Areas are to be protected for employment uses under the Gateway Economic Zone directive of the Province. The City may identify future employment areas where required, which would become an Employment Area following a settlement area boundary expansion exercise.” e) PART 1, SECTION 3, INTENSIFICATION, is amended by: i) replacing the word ‘Industrial Areas’ with the word ‘Employment Areas’ in POLICY 3.10. ii) replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.16.12. iii) adding the word ‘and’ after the word ‘service commercial’ and before the word ‘employment’; and, deleting the words ‘and industrial’ after the word ‘employment’ and before the word ‘uses’ in POLICY 3.20. iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.20 f) PART 2, SECTION 1, POLICY 1.16.3 (vi) is amended by replacing the word ‘industrial’ with the word ‘employment’. Page 394 of 418 g) PART 2, SECTION 4, is amended by: i) replacing the word ‘PART 2’ with the word ‘PART 4’; and, replacing the phrase ‘Sections 2.9 and 2.10’ with ‘Section 8’ in POLICY 4.1.4. ii) replacing the word ‘industrial’ with the word ‘employment’ in POLICY 4.2.7.1 a). h) PART 2, SECTION 8 INDUSTRIAL, is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. i) PART 2, SECTION 8, PREAMBLE is deleted in its entirety and replaced with the following: “Employment lands and Employment Areas within the City will provide a diverse collection of parcels and opportunities for Greenfield development and intensification of existing employment sites in order to allow the City competitively respond to market demands and meet employment needs to 2051. The City’s Employment Areas and employment lands are shown together on Schedule A -7- Employment Lands. Objectives The policies of this Plan promote • infilling and redevelopment within established Employment Areas in the Built - up Area; as well as • the progressive development of vacant employment lands within the Built-up area and within the Greenfield Area for new industry and employment uses; and • In accommodating the changing needs of industry and business growth trends . Emphasis will be placed on improved aesthetics and environmental quality, including measures which will safeguard the integrity o f adjacent land uses. The proximity of employment uses to residential and other uses is critical in the future growth of the City as a complete community. The contribution of employment to economic growth and diversity is clearly recognized in this Plan. In order to maintain a strong and competitive resource base, programs which provide for the enhancement of Employment Areas and the attraction of new firms will be pursued. j) PART 2, SECTION 8, POLICIES is deleted in its entirety and replaced with the following: 8.1 The lands designated Employment are shown on Schedule A – Future Land Use Plan. The City’s Employment Areas and employment lands are shown together on Schedule A7- Employment Lands. 8.2 The primary uses permitted in Employment Lands as designated on Schedule "A" will be for: manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laboratory and research, Page 395 of 418 and storage. All forms of service industries and utilities are included within this definition. The indoor production of cannabis, adult entertainment parlours and body-rub parlours will also be permitted within the employment designation subject to other policies of this plan. 8.3 Employment Areas reflect clusters of specific types of employment uses that exist and are appropriate for that identified area. The City’s Employment Areas are shown on Schedule A -7 – Employment Lands and permit the following uses: Core Employment Area – traditional employment uses such as industrial, manufacturing, construction, transportation and warehousing. Core Employment Areas are to be protected for similar employment uses: major facilities and freight-supportive forms of development and redevelopment. Major institutional uses are prohibited. Dynamic Employment Area - traditional and lighter industrial uses with a broader mix of office parks and institutional uses that can function without limiting the ability for the expansion or continued use of other permitted uses. New development within the Employment Areas shall meet the minimum employment density targets of Part 2, Section 2. 8.4 In addition to Policy 8.2, the following uses may be permitted on employment lands outside of Employment Areas, subject to the policies of Subsection 8.15: 8.4.1 Uses that are ancillary to an employment use, including offices, retail and wholesale showrooms and outlets for products produced on the premises. 8.4.2 Commercial services such as, but not limited to, banks, restaurants, convenience retail outlets, material suppliers, which are incidental to the Employment Area, servicing industries and their personnel. 8.4.3 Corporate and business offices. 8.4.4 Health and fitness facilities, conference centres and private clubs. 8.5 Several categories of employment land uses will be established in the Zoning By-law to accommodate a variety of activities ranging from heavy industrial to prestige employment uses. Moreover, employment zones will be arranged in a gradation with the lighter, more prestige type uses located near residential areas and other sensitive land uses. In the zoning of lands for employment purposes, regard will be had to the following objectives. 8.5.1 To group employment uses with similar characteristics and performance standards. 8.5.2 To provide a suitable environment for employment uses, free from interference and restriction by other uses. Page 396 of 418 8.5.3 To minimize potential land use conflicts caused by the indiscriminate mixing of heavier and light industrial types. 8.5.4 To protect adjacent lands, particularly residential areas from the effects of incompatible uses. 8.5.5 General industrial or heavy industrial uses will be separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and othe r offensive characteristics. 8.6 Council will consider amendments to the Zoning By-law to permit the establishment of free-standing offices, recreational and commercial services and other complementary land uses within Employment Areas that are not planned for industrial or manufacturing uses in order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. 8.6.1 Employment Areas are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in considering the use of Employment Areas for non-employment purposes in order to promote employment as the predominant land use. 8.6.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for employment and business uses which require visual prominence and which foster a good impression of the community. 8.6.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall be discouraged to proliferate along arterial road frontages. 8.6.4 Commercial and office developments generate higher densities of employment and visits by the public. Where such development is proposed, Council will ensure that appropriate provision is made for on-site parking, traffic circulation, transit and pedestrian safety. Where appropriate, the City will encourage a variety of transportation demand management measures for higher density employment uses. 8.6.5 The integration of businesses and other complementary land uses with industrial/employment uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. 8.6 The Province may identify Provincially Significant Employment Zones and provide specific direction for planning within an identified Provincially Significant Employment Zone to be implemented through appropriate Page 397 of 418 Official Plan policies, designations and economic development strategies. The City will work with the Region and the Province to identify, plan for, and protect Provincially Significant Employment Zones. 8.7 While the Province has not identified any Provincially Significant Employment Zone within the City of Niagara Falls, the City will integrate any identified Provincially Significant Employment Zone into Schedule A -7 of the Official Plan. Any updates to the Official Plan mapping respecting a PESZ to reflect changes made by the Province can be completed without the need for an Amendment to this Plan. 8.8 Council will coordinate with the Region in promoting development of the City’s employment lands. Council may pass by-laws, acquire and develop lands or otherwise ensure an adequate supply of serviced land is available for prospective employment developments. 8.9 The City will take a co-ordinated approach to planning for large areas with high concentrations of employment that cross municipal boundaries and are major trip generators, including co-ordination on matters such as transportation demand management and economic development. 8.10 The development of new employment uses on vacant employment lands within the City’s Urban Area is encouraged. 8.11 The redevelopment and intensification of existing employment uses within the Built-up Area with uses that are compatible with surrounding land uses is encouraged. 8.12 In order to maintain land use compatibility, within Employment Areas planned for industrial or manufacturing uses, residential uses and other sensitive land uses that are not ancillary to the primary employment uses are prohibited from encroaching on Employment Areas and an appropriate transition to employment areas should be provided. 8.13 Development proposals for employment uses on designated employment lands shall be planned and developed to avoid and minimize potential adverse effects from odour, noise and other contaminants, minimize the risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with Provincial guidelines, standards and procedures. 8.14 Where avoidance is not possible in accordance with Policy 8.12, the long - term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted where the following are demonstrated: 8.14.1 there is an identified need for the proposed use, 8.14.2 alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations, Page 398 of 418 8.14.3 adverse effects of employment uses on the proposed sensitive land use are minimized and mitigated, and, 8.14.4 potential impacts of sensitive uses on industrial, manufacturing or other uses are minimized and mitigated as demonstrated through studies. 8.15 Employment uses which are offensive or dangerous to the general health, safety and welfare of community residents shall only be permitted through site specific zoning amendments, where deemed appropriate. 8.16 In order to ensure that obsolete industrial buildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development. 8.17 Adequate vehicular access, off-street parking and loading facilities will be required in clearly defined areas for all development and redevelopment within employment lands and areas. Where possible, development plans for new employment uses or the expansion of existing employment uses should seek to minimize surface parking, where possible, and, where necessary, provide a high-quality design of surface parking on the site. 8.18 Development proposals on lands adjacent to existing employment uses are encouraged to integrate the design and dimensions of structures, parking areas and access points with those of the adjacent uses. 8.19 As far as possible, traffic generated by employment uses will be prohibited from penetrating designated Residential areas. 8.20 Signs in Employment Areas will be regulated by appropriate by -laws in order to avoid conflicts with effective traffic control and the general amenity of the area. 8.21 In order to enhance the viability of Employment Areas, Council, where feasible and deemed appropriate, will encourage the appropriate authorities to establish, maintain and improve the accessibility of Employment Areas through the provision of highways, interchanges, arterial roads, bridge, rail and public transit services. 8.22 Council will encourage and, where feasible, assist in the relocation of uses not permitted in areas designated for employment purposes and in th e relocation of existing industries located outside of designated employment lands and Employment Areas into such areas. 8.23 Council will encourage and where feasible, assist in programs for the improvement of the appearance and amenity of employment land s and Employment Areas. Page 399 of 418 8.24 (OPA #45, approved January 2003) Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body-rub parlours currently exist throughout various geographic areas of the City. It is the intent of this Plan to provide guidance and direction with respect to appropriate areas of any new licensed adult entertainment parlours and body-rub parlours or their relocation. Generally, adult entertainment parlours and body-rub parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body-rub parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban uses. In order to minimize adverse effects, adult entertainment parlours and body-rub parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body-rub parlour or adult entertainment parlour. The 300-metre separation distance noted above shall not apply in cases where the QEW, hydro canal and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body -rub parlour buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. Notwithstanding this policy, the property municipally known as 8675 Montrose Road, situated at the southwest corner of Montrose Road and Chippawa Creek Road, is excluded from the 100-metre setback requirement from the QEW. In addition to the above, neither adult entertainment parlours nor body-rub parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development of a Christian resort commercial development. These lands are also considered as a sensitive land use and adult entertainment parlour and body -rub parlour buildings shall be separated from these lands by a minimum distance of 300 metres. Further, the employment lands situated along the Page 400 of 418 north side of Bridge Street, east of Victoria Avenue, are not suitable for an adult entertainment parlour or body-rub parlour. It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body-rub parlours within one geographic area of the City. In order to avoid clustering, the City's zoning by-law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body-rub parlours.” 8.25 Permitted production of cannabis shall be in accordance with the following: (i) The production of cannabis is only permitted to occur within an enclosed building with appropriate air filtration that ensures the use does not emit any odour. Production of cannabis may include the cultivation of cannabis and/or activities related to cannabis cultivation such as processing, packaging, testing, destruction, research and shipping; (ii) Outdoor cultivation is not permitted; (iii) The production of cannabis shall be in accordance with all applicable Federal Regulations, as amended from time to time; (iv) Buildings should be appropriately distanced a minimum of 500 metres away from sensitive land uses or zones where sensitive land uses are permitted, including but not limited to existing day care facilities, hospitals, places of worship, playgrounds and residential uses; and (v) Cannabis production shall be subject to site plan control, which may require the submission of studies relating to relevant matters including, but not limited to, air quality control, environment impacts, traffic and lighting, which demonstrate appropriate nuisance mitigation to the City’s satisfaction. The Site Plan Control process may require the applicant to enter into a site plan agreement. k) PART 2, SECTION 8, GREENFIELD AREA is amended by: i) renumbering Policy 8.5 to Policy 8.26 and replacing the word ‘industrial’ with the word ‘employment’ ii) by renumbering Policy 8.6 to Policy 8.27and subsequently renumbering the sub-policies accordingly iii) is amended by replacing the word ‘industrial’ with the word ‘employment’ in Policy 8.27.4 (former Policy 8.6.4) iv) renumbering Policy 8.7 to Policy 8.27 and subsequently renumbering the sub- policies accordingly l) PART 2, SECTION 8, QEW EMPLOYMENT CORRIDOR is amended by: i) renumbering Policy 8.8 to Policy 8.29 and subsequently renumbering the sub- policies accordingly. ii) by deleting and replacing Policy 8.29 (former Policy 8.8) with the following: Page 401 of 418 “The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such lands within the City's urban area can be capitalized on for future employment growth. The corridor, located along the QEW as shown on Schedule A-2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under-utilized parcels within the Built-up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The Gateway Economic Zone is comprised of the total geographic area of the municipalities of Niagara Falls and Fort Erie, including all major goods movement facilities and corridors identified by the Region. The Gateway Economic Zone is to be developed to support economic diversity and the promotion of cross -border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non-employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City.” m) PART 2, SECTION 8, GENERAL POLICIES is deleted in its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through Modification “i)” of this document. n) PART 2, SECTION 8, amended by adding a new sub -section, EMPLOYMENT CONVERSIONS, as shown below: “EMPLOYMENT CONVERSIONS 8.30 The City may permit the conversion of lands within Employment Areas to non-employment uses but only through a Regional municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 8.31 and where it meets at least one of the following strategic objectives: 8.30.1 promotes brownfield redevelopment, Page 402 of 418 8.30.2 addresses issues related to land use incompatibility in accordance with Policy 8.14 of this section, 8.30.3 provides affordable housing, or, 8.30.4 meets any of the other strategic direction of this Plan. 8.31 The conversion of lands within Employment Areas to non-employment uses may be permitted only through a Regional Municipal Comprehensive Review where it is demonstrated that 8.31.1 there is a need for the conversion; 8.31.2 the lands are not required over the horizon of this Plan for the employment purposes for which they are designated; 8.31.3 the City will maintain sufficient employment lands to accommodate the forecasted employment growth to 2051; 8.31.4 the proposed uses would not adversely affect the overall viability of the Employment Area or the achievement of the minimum intensification and density targets of this Plan and the Growth Plan, as well as any other applicable policies of this Plan and the Growth Plan; 8.31.5 there is existing or planned infrastructure in place to accommodate the proposed use; and, 8.30.6 cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. 8.32 Notwithstanding Policy 8.30, until the next Municipal Comprehensive Review, lands within existing Employment Areas may be converted to a designation that permits non-employment uses in consultation with the Region, if applicable, provided the conversion would: 8.32.1 Satisfy the requirements of Policy 8.30; 8.32.2 Satisfy the requirements of Policies 8.31.1, 8.31.2 and 8.31.6; 8.32.3 Maintain a significant number of jobs on those lands through the establishment of development criteria; and, 8.32.4 Not include any part of an Employment Area identified as a Provincially Significant Employment Zone unless the part of the Employment Area is located within a Major Transit Station Area as delineated in the Growth Plan. 8.33 Conversion of brownfield sites to non-employment uses, where the removal of the employment land is consistent with the Region’s Municipal Comprehensive Review with an associated Regional Official Plan Amendment, may be considered through an amendment to this Plan where at least one of the following criteria are met: Page 403 of 418 8.33.1 the reduction or elimination of any long-standing land use compatibility issues with surrounding conforming uses, 8.33.2 provision of affordable housing, 8.33.3 contributing to a mix of housing types and densities in the planning area, or; 8.33.4 the provision of facilities that assist in the development of a complete community. 8.34 The City may consider conversion of employment lands located outside of an Employment Area in consultation with Niagara Region, subject to ensuring space is retained for a similar number of jobs to remain accommodated on the site and compliance with the criteria outlined in Policy 8.29. 8.35 Notwithstanding policy 8.34, development applications within a two kilometre radius of the Cytec Canada Inc. facility in Niagara Falls shall be subject to Policy 8.30 of this Plan, except for the lands currently designated Neighbourhood Commercial in this Plan.” o) PART 2, SECTION 13, SPECIAL POLICY AREAS is amended: i) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.4, ii) by replacing the words ‘employment area’ with the words ‘Employment Area’ in Policy 13.7, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.7.1, iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.1i), v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.4, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.15, vii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.25, viii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.34.6, ix) by replacing the words ‘employment areas’ with the words ‘Employment Areas’ in Policy 13.44.4 x) by replacing the word ‘industrial’ with the word ‘employment’ in both instances within Policy 13.44.5, xi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.51.4, Page 404 of 418 xii) amended by replacing the word ‘industrial’ with the word ‘employment’ in both instances; and replacing the word ‘properties’ with the word ‘property’ in Policy 13.56.2.2, xiii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57, xiv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57.2.2b), xv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.57.2.2c), xvi) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.62, xvii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.62.1, and xviii) by adding the following new policy: Policy 13.87 SPECIAL POLICY AREA “87”. Special Policy Area “87” applies to 18.5 hectares of land on the south side of McLeod Road, east of Beechwood Road. The Residential designation of the lands will come into effect upon approval by the Niagara Region. Notwithstanding the policies contained in Part 2, Section 1, development of the lands will be subject to a 10m height restriction within a 2km radius of Phosphine Storage on Cytec Industries lands as shown on Appendix A to the Cytec Canada Inc. Emergency Response Plan, dated July 23 , 2016. A risk assessment shall be prepared and peer reviewed to justify residential use within this radius failing which a more appropriate use will be considered. Any mitigation required through further study to address Provincial D6 Guidelines shall be provided on site. Further, the job replacement for conversion justification contained in Part 2, Policy 8.30 shall be provided prior to redevelopment of the site in conjunction with an application under the Planning Act. p) PART 3, SECTION 1, Policy 1.5.6 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in both instances q) PART 3, SECTION 2, Policy 2.3.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ r) PART 3, SECTION 6, Policy 6.7.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ s) PART 3, SECTION 7, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 7.3; and Page 405 of 418 ii) amended by replacing the word ‘industrial’ with the word ‘employment’ in all instances within Policy 7.3ii). t) PART 4, SECTION 2 is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3.11; ii) by deleting Policy 2.6.10 in its entirety and replacing it with the following: “2.6.10 Compliance with the applicable policies of Section 8, when considering the conversion of Employment Areas.” iii) by deleting EMPLOYMENT LAND CONVERSIONS its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through modification “m” of this document. u) PART 4, SECTION 5, Policy 5.3 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ v) PART 4, SECTION 6, Policy 6.5 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ w) PART 4, SECTION 10, Policy 10.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ x) PART 4, SECTION 11, Policy 11.3.9 is amended by replacing the word ‘industrial’ with the word ‘employment’ y) PART 5, SECTION 1 GARNER SOUTH, is amended: i) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.6, ii) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.7.1, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(b), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(c)’, v) by replacing the word ‘areas’ with the word ‘lands’ in Policy 2.8.6, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.13.3, z) PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.11, ii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.2, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.7.3(a), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.4, Page 406 of 418 v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.5, vi) by replacing the phrase ‘at employment areas’ with the phrase ‘on employment lands and in Employment Areas.” in Policy 3.13.5.3c); and vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 4.14. aa) PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, is amended by: i) by replacing the word ‘areas’ with the word ‘uses’ in Principle 7 – Create Employment Opportunities; Objectives, bullet seven (7), ii) by deleting the word ‘Area’; and, replacing the phrase ‘Employment Areas’ with the phrase ‘employment lands’ in Policy 1.8.3, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.13.8 , iv) by replacing the term “Employment Areas” with “employment lands” in Policy 2.2, v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3, vi) by replacing the word ‘areas’ with the word ‘lands’ in Policy 3.2.6, vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 3.2.10 , viii)by replacing the word ‘areas’ with the word ‘lands’ in Policy 4.1.11.4 , ix) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 5.6. bb) PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Principle 1: Create a Healthy, Complete Community, Objectives, bullet five (5), ii) replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.5, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances in Policy 2.2.2.4, iv) replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.2.3 , v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 7.3. cc) APPENDIX I, DEFINITIONS is amended as follows: i) “Employment Lands” is deleted and replaced with the following definition: “Employment Area”- areas designated in an official plan for clusters of business and economic activities including, but not limited to: manufacturing, warehousing, offices and associated retail and ancillary uses.” ii) adding the following new defined term “Employment Lands” after the defined term “Employment Area” and before the defined term “Endangered Species”: Page 407 of 418 “Employment Lands”- a broad range of lands designated for employment uses that may be located within or outside of Employment Areas, including light, medium and heavy industrial, business parks and rural emplo yment lands. Employment lands accommodate primarily export-based employment, including a wide range of industrial uses (e.g., manufacturing, distribution/ logistics, transportation services) as well as specific commercial and institutional uses (e.g., office, service commercial, ancillary/ accessory retail) as set out in the Zoning By-law” iii) adding the following new defined term “Gateway Economic Zone” after the defined term “Forest Resource Areas” and before the defined term “Greening”: “Gateway Economic Zone”- settlement areas identified in A Place to Grow: Growth Plan for the Greater Golden Horseshoe and conceptually depicted on Schedules 2, 4 and 6, that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Gateway Economic Zone is shown on Schedule A-7 of the City of Niagara Falls Official Plan. iv) adding the following new defined term “Municipal Comprehensive Review” after the defined term “Mineral Resource Areas” and before the defined term “Natural Heritage Corridor”: “Municipal Comprehensive Review”- a new official plan, or an official plan amendment, initiated by an upper-or single-tier municipality under Section 26 of the Planning Act that comprehensively applies the policies and schedules of the Growth Plan for the Greater Golden Horseshoe v) amended by adding the following new defined term “Provincially Significant Employment Zone” after the defined term “Progressive Rehabilitation” and before the defined term “Portable Asphalt Plants”: “Provincially Significant Employment Zones”- Areas defined by the Minister in consultation with affected municipalities for the purpose of long -term planning for job creation and economic development. Provincially Significant Employment Zones can consist of Employment Areas as well as mixed-use areas that contain a significant number of jobs. Page 408 of 418 WILLODELLRD&BLACKBURN PY KISTER RDD Y M E N T CR&GRASSY BROOK RD BIGGAR RD PROGRESS ST LOGAN RDEARL THOMAS AVDON MURIE ST BECK RDSTANLEY AVMCCREDIE RDREIXINGER RD DELL RDCHIPPAWA PYDORCHESTERRDOAKWOODDR LYONS C R E E K R DMONTROSE RDSTANLEY AVQEW WELLAND RIVER POWER CANAL ISLAND POWER CANAL GRASSY BROOK LYONS CREEK TEE CREEK K:\SourceData\Shapes\OP\Schedule A7 - Employment Lands\OP Amendment Maps.aprx 4/12/2023 / 0 600 m Scale 1:12,000 Legend Land Use ECA Environmental Conservation Area Environmental Protection Area Open Space Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Proposed Change from Resort Commercial to Employment Map 1 to Amendment No. 147 to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 409 of 418 Page 410 of 418 Page 411 of 418 SPECIAL MATTEODREMILY BVJONATHANDRPARSASTSHERRILEECR GARNERRDMC G A RRY DR &WARREN WOODS AV MC LE O D RD BEECHWOODRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 240 m Scale 1:4,780 Legend Official Plan Residential Special Policy Area Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 4 to Amendment No. 147 to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment POLICY AREA 87 Page 412 of 418 Page 413 of 418 N i a g a r a R i v e r CANADA UNITED S T A T E S O F A M E R I C A Wellan d Ri v er CITY OF THOROLD CITY OF WELLAND CITY OF ST. CATHARINES TOWN OF NIAGARA-ON-THE-LAKE CITY OF PORT COLBORNE TOWN OF FORT ERIE THOROLD STONE RD LUNDY'S LN MONTROSE RDSCHISLER R DTAYLOR RDSTANLEY AVSODOM RDNETHERBY RD LYONS C R E E K R D MONTROSE RDCHIPPAWA CREEK RD SODOM RDMOUNTAIN RD THOROLD TOWNLINE RD405 420 QEW UNITED STATES OF AMERICA BRIDGE ST PORT A G E R DVALLEYWYKALAR RDNIAGARARIVERPYBEAVERDAMS RDGARNERRD WHI RLPOOLRD BIGGAR RD OAKWOODDRMORRISON ST VICTORIA AVMCLEOD RD K:\SourceData\Shapes\OP\Schedule A7 - Employment Lands\OP Amendment Maps.aprx Updated to: April 2023 /0 4 Km Legend Niagara Economic Zone Core Employment Area Dynamic Employment Area Employment Lands Scale: 1:64,400 Map 6 to Amendment No. 147 to the Official Plan NOTE: THE SCHEDULE FORMS PART OF AMENDMENT NO.147 TO THE OFFICIAL PLAN FOR NIAGARA FALLS AND SHOULD BE READ IN CONJUNCTION WITH THE WRITTEN TEXT. Schedule A-7 Employment Lands 1 15 2 15 3 25 4 50 5 20 6 45 7 15 Employment Area Number Min. Employment Density Target to 2051 (jobs/ha) Page 414 of 418 CITY OF NIAGARA FALLS By-law No. 2023 - 038 A by-law to amend By-law 2004-105, being a by-law to prohibit and regulate noise in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTs AS FOLLOWS: 1. That By-law 2004-105 is amended by deleting schedule 4 of the by-law and replacing it with the attached Schedule 4 – Exempted Activities. Read a First, Second and Third time; passed, signed, and sealed in open Council this 18th day of April, 2023. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 415 of 418 SCHEDULE 4 EXEMPTED ACTIVITIES 1. Incidental noise from any carnival, midway, exhibition, fair, circus or similar event for which a licence has been issued by the City. 2. Incidental noise from any parade authorized by Council. 3. Incidental noise from any sporting, recreational, musical, entertainment or similar event or performance which has been authorized by Council. 4. Incidental noise from any City sanctioned event held at 5810 Ferry Street, namely the Niagara Falls History Museum, and 5943 Sylvia Place, namely the Niagara Falls Exchange, on Thursdays, Fridays, Saturday and holiday events planned by the City, until 11:00 p.m. 5. Incidental noise from any activity of the City or the Regional Municipality of Niagara, their employees, agents or contractors, associated with the construction, repair, performance or maintenance of essential municipal services. 6. Incidental noise from the detonation of fireworks which detonation has been authorized by Council. Page 416 of 418 CITY OF NIAGARA FALLS By-law No. 2023 – 039 A by-law to amend the by-law to provide for citizen appointments to certain Committees, Boards and Commissions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That by-law 2023-028 be amended by adding the additional citizen appointments: 11. ANTI-RACISM COMMITTEE: Saima Abbasi, Donna Brown, Sherri Darlene, Vijay Kapur, Katy Kumar, Janet Madume, (Odele) Angel Tran. 12. RECREATION COMMITTEE: Jithin Lohi Areekarakandy, Michael Audibert, R. Todd Bright, Aniko Bzdyl, Christopher Michael Daniele, Sheila DeLuca, Paisley Janvary-Pool, Donna Mills, Amanda Nicol-Macdonald, Laurie Primeau, Vito Scaringi, Terry Thomson, Ying Wang. That the aforementioned appointments are for the 2023 – 2026 term. Read a first, second, third time and passed. Signed and sealed in open Council this 18th day of April, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 417 of 418 CITY OF NIAGARA FALLS By-law No. 2023 – 040 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18th day of April, 2023. 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 18th day of April, 2023 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 a ffix 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 18th day of April, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 418 of 418