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03-19-2024 AGENDA City Council Meeting 4:00 PM - Tuesday, March 19, 2024 Council Chambers/Zoom App. All Council Meetings are 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: Victoria Calder (Singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution (March 19, 2024) March 19, 2024 - Resolution to go In-Camera 14 2.2. In-Camera Resolution (May 14, 2024 - second item added) MAY 14 2024 second item - on Mar 19 agenda- Resolution to go In-Camera 15 3. ADOPTION OF MINUTES 3.1. Council Minutes of February 27, 2024 City Council - 27 Feb 2024 - Minutes - Pdf 16 - 29 3.2. Council Minutes of March 5, 2024 City Council - 05 Mar 2024 - Minutes - Pdf 30 - 32 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. Page 1 of 769 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. APPOINTMENT/ PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Appointment - Brian Medigee, Resident of Niagara Falls Brian Medigee, resident of Niagara Falls, is requesting to speak before Council on the following matters:  Homelessness  Crime  Jobs (Tourism vs. Industry)  Accountability vs. deflection 6.2. Niagara Parks Commission (Presentation added) Niagara Parks Commission CEO, David Adames and Chair, April Jeffs, to provide a presentation regarding Niagara Parks' updates, initiatives and projects for Council's information. Presentation - Niagara Parks Update - NF Council March 2024 v2 33 - 52 7. PLANNING MATTERS 7.1. PBD-2024-04 (Presentation from agent added) AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent: Upper Canada Consultants (William Heikoop) Alexa Cooper, Planner 2, will provide an overview of Report PBD- 2024-04. PBD-2024-04 - Pdf Presentation (Staff) - AM-2023-027_Final - Mar 19 24 Presentation (Agent) UCC - Mountain Rd & St. Paul Ave Comments from resident - AM-2023-027 Comments from resident - PBD-2024-04 AM-2023-027 53 - 113 7.2. PBD-2024-06 (Presentation from agent added) AM-2022-020 Zoning By-law Amendment Lot 186 and 7640 Kalar Road 114 - 172 Page 2 of 769 Applicant: 12778611 Canada Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Jesse Auspitz) Alexa Cooper, Planner 2, will provide an overview of Report PBD- 2024-06. PBD-2024-06 - Pdf Presentation (Staff) - AM-2022-020_Final - Mar 19 24 Comments from resident - PBD-2024-06 AM-2022-020 Presentation (Agent) - AM-2022-020 7.3. PBD-2024-07 AM-2023-026, Zoning By-Law Amendment Application 26CD-11-2023-007, Plan of Vacant Land Condominium 5558 Drummond Road Pt Township Lot 126 Stamford, Part 2 Plan 59R17721; City of Niagara Falls Applicant: Blythwood Homes Inc. (Rob Mills) Agent: Ethan Laman (Upper Canada Consultants) PBD-2024-07 - Pdf Presentation (Staff) AM-2023-026 5558 Drummond Road Presentation (Agent) - Serenity Place Comments from Holley Corfield AM-2023-026 (redacted) Comments from resident - PBD-2024-07 - AM-2023-026 173 - 232 7.4. PBD-2024-08 (Presentation from agent added) AM-2021-009, Zoning By-Law Amendment Application 26CD-11-2021-002, Plan of Vacant Land Condominium Montrose Road north of McLeod Road Part of Stamford Township Lots 163 and 170, Part 29, 59R- 14189, Part 1, 59R-14189 Applicant: Niagara Property Corp. (Amar Mohamed) Agent: Joseph Plutino (Mainline Planning Services) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-08. 233 - 285 Page 3 of 769 PBD-2024-08 - Pdf Presentation (Staff) - AM-2021-009 Public Meeting Presentation (Agent) - Cascades of NiagaraPBD-2024-08- Powerpt-Mainline Comments from resident - PBD-2024-08 - AM-2021-009 7.5. PBD-2024-09 (Presentation from agent added) AM-2023-019 Zoning By-law Amendment 26CD-11-2023-002 Draft Plan of Vacant Land Condominium Montrose Rd, north of McLeod Rd, across from Kinsmen Crt Applicant: Gemini Corporation (John Georgakakos) Agent: Arcadis (Carmela Agro) Matt Kernahan, Development Consultant, will provide an overview of Report PBD-2024-09. PBD-2024-09 - Pdf Presentation (Staff) - WS Montrose Road (87 TH) - Council Comments from resident - PBD-2024-09 - AM-2023-019 Presentation (Agent) - PZS_Montrose Statutory Public Meeting_2024 03 19 286 - 354 8. REPORTS 8.1. CLK-2024-01 (Report Updated) Fee Waiver Applications - March 2024 Submissions CLK-2023-01 - Fee Waiver Applications - - Pdf 355 - 434 8.2. F-2024-12 Water By-law Update F-2024-12 - Pdf 435 - 439 8.3. F-2024-13 Statement of 2023 Remuneration and Expenses for Members of Council and Commissions F-2024-13 Statement of 2023 Remuneration and Expenses for Members of Council and Commissions - Pdf 440 - 444 Page 4 of 769 8.4. FIR-2024-01 (Report deferred to a future Council meeting) Single Source Requests - Implementation and Service Management of a Next Generation 911 (NG9-1-1) Solution and Standardization of Portable Radio Equipment 8.5. MW-2024-13 Drinking Water System Summary Report and Overview MW-2024-13 - Pdf 445 - 568 8.6. MW-2024-14 Ferry Street Reconstruction Tender Award City Contract No. 2024-495-19 MW-2024-14 - Pdf 569 - 574 8.7. MW-2024-15 (Report added) Special Event Parking Rates and Fines MW-2024-15 - Pdf 575 - 577 8.8. PBD-2024-10 (Report added; Letter added) AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling Applicant: Kevin Dilts Agent: Mike Sullivan (LandPro Planning Solutions Inc.) PBD-2024-10 - Pdf Letter from Niagara Falls Nature Club Comments from PM - July 11, 2023 - from Jay Mason - zoning amendment application AM-2022-017 Comments form PM - July 11, 2023 - AM-2022-017 - in opposition of development (Redacted) 578 - 609 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 Page 5 of 769 considered separately. 9.1. MW-2024-11 Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) - Single Source Request for Engineering Construction Services MW-2024-11 - Pdf 610 - 611 9.2. MW-2024-12 6683 Fallsview Boulevard Licence and Encroachment Agreement MW-2024-12 - Pdf 612 - 616 9.3. R&C-2024-02 Seniors Advisory Committee Goals and Objectives R&C-2024-02 - Pdf 617 - 621 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 #10.5. 10.1. Special Occasion Permit Request - 2022 Niagara Falls Rotary Ribfest Jennifer Schoenhals, Co-Chair of the Niagara Falls Rotary Ribfest, is requesting that the City of Niagara Falls declare the "2024 Niagara Falls Rotary Ribfest," on June 15,2024-June 17, 2024 as "municipally significant" and "Community Festival" in order to assist with obtaining a Special Occasion Permit from AGCO. Recommendation: For the Approval of Council. 622 Page 6 of 769 Niagara Falls Rotary - Niagara Falls Sunrise - Community event request 10.2. Resolution - Town of Lincoln - Urgent Need for Increased Funding for Museums and Libraries At its Regular Meeting of Council held on February 26, 2024, the Town of Lincoln passed the following Resolution – RC-2024-23, regarding an Urgent Need for Increased Funding for Museums and Libraries. Recommendation: THAT Council support the Town of Lincoln resolution. Resolution - TOL - TOL Resolution RE Need for Increased Funding for Libraries and Museums 623 - 625 10.3. Flag-Raising Request - Philippines Independence Day Attached is a request for Council to approve a Filipino Flag Raising celebration on Wednesday, June 12, 2024 for Philippines Independence Day and to illuminate the Falls in red/white and blue that same evening. Recommendation: For the Approval of Council. Flag-Raising Request - Philippines Independence Day 626 - 627 10.4. Flag-Raising Request - Pride Niagara 2024 - Annual Pride Flag Raising Pride Niagara is requesting that Council approve a Flag-raising ceremony on Monday, June 3, 2024 as part of this year's Pride Niagara Festival, for the month of June. Recommendation: For the Approval of Council. Flag-Raising Request - Pride Niagara 2024 628 - 629 10.5. Proclamation Request - Save Soil Movement Puja Patel, of "A Voice to Save Soil from Canada," is requesting Niagara Falls' Council proclaim March 21, 2024 as "Save Soil Day" in the City of Niagara Falls. Proclamation Request - Save Soil Day - March 21, 2024 630 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 7 of 769 RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.8. 11.1. Niagara Falls Public Library - 2024 (Revised) Capital Budget Attached is the Niagara Falls Public Library's 2024 revised Capital budget for Council's information. Recommendation: For the Information of Council. Revised 2024 Capital Budget- Mar11 631 11.2. Correspondence from resident - Meaningful ways to honour Kiska's memory in the City As we approach the one-year anniversary of Kiska's passing on March 10th, Robert Jacobson is submitting ideas to consider by way of honouring her memory. Recommendation: For the Information of Council. Email from Robert Jacobson - ways to honour Kiska's Memory 632 - 633 11.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Report PDS 4-2024 - Tree and Forest Canopy Project Recommendation: For the Information of Council. CLK-C 2024-017 PDS 4-2024 - Tree and Forest Canopy Project 634 - 663 11.4. Integrity Commissioner Complaint - IC - 23621-0423 Attached is a letter and Final Report from the Integrity Commissioner with regard to the above captioned matter. Recommendation: For the Information of Council. Final Report - IC-23621-0423 - Burdett re Campbell IC-23621-0423 Ltr to Mr. Matson 664 - 676 11.5. Letter from Ontario Ombudsman to Council for the City of Niagara Falls and Memo from Staff Attached is a letter from the Ontario Ombudsman to Niagara Falls 677 - 681 Page 8 of 769 City Council. Recommendation: For the Information of Council. Ontario Ombudsman Letter to Niagara Falls City Council March 1 2024 Clerk's Memo - Ombudsman's Letter 11.6. Niagara Peninsula Conservation Authority - NPCA Annual General Meeting 2024 Attached is correspondence from the Niagara Peninsula Conservation Authority (NPCA) for information and distribution. Recommendation: For the Information of Council. NPCA - Resolution FA-09-24 Correspondence 682 - 686 11.7. Resolution - Town of Cobourg - Proposed Amendment to Subsection 27 (16) of the Ontario Heritage Act (OHA) Attached is a resolution from the Town of Cobourg regarding Correspondence from the Architectural Conservancy Ontario regarding Proposed Amendment to Subsection 27(16) of the Ontario Heritage Act with respect to the removal of listed (non- designated) properties from municipal heritage registers. Recommendation: For the Information of Council. Town of Cobourg Council Resolution - Proposed Amendment to Subsection 27(16) of the OHA 687 - 688 11.8. Comments from Resident Comments from resident 689 - 704 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Memo - From Seniors Advisory Committee - City of Niagara Falls Canada Day Celebration - June 30 - July 2, 2024. Attached is a memo from the Seniors Advisory Committee advising Council on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. Recommendation: THAT Niagara Falls City Council request the Niagara Region Transit Commission establish a discounted Seniors fare that is competitive with others in the Golden Horseshoe and seek the 705 Page 9 of 769 endorsement of all other local area municipalities in Niagara Region. Feb 21 - Memo to Council - Seniors Transit Fares 13. RESOLUTIONS 13.1. Resolution: By-law No. 2024-031, AM-2023-023, 5438 Ferry Street A Public Meeting was held by Council on January 16th, 2024 to consider a Zoning By-law Amendment application to facilitate the development of a 30-storey mixed-use building at 5438 Ferry Street. The recommendations of Report No. PBD-2024-01 were approved by Council on January 16th, 2024, and By-law No. 2024-031 has been placed on Council’s agenda this evening. The attached resolution is required to deem changes minor and exempt the requirement for further notice for the purpose of permitting a maximum lot coverage of 80% and the insertion of a 3-year sunset clause. No changes have been made to the building envelope or conceptual Site Plan since the Public Meeting. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement for further written notice. No.1 - Resolution - By-law No. 2024-031 - AM-2023-023 - 5438 Ferry Street - ZBA 706 - 707 14. RATIFICATION OF IN-CAMERA 15. 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. 16. MOTION 16.1. At the Council meeting of February 27, 2024, Councillor Lococo brought forward the following motion: Page 10 of 769 Motion: THAT Council review our Strategic Plan and Master Plans in order to find cost savings. 17. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 027. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey apartment dwelling with 71 dwelling units, and to repeal By-law No. 1998-183 and 2017-102, subject to a 3 year sunset clause (AM-2023-027). By-law 2024-027 - AM-2023-027 - SW corner of Mountain & St. Paul - ZBA 708 - 711 2024- 028. A by-law to amend By-law No. 2010-132 and By-law No. 79-200, to permit the use of the lands, in part, for the development of 83 townhouse dwelling units in 14 blocks and the removal of the Holding provision. (AM-2021-009). By-law 2024-028 - AM-2021-009 - Montrose Road - ZBA 712 - 714 2024- 029. A by-law to provide for the adoption of Amendment No. 165 to the City of Niagara Falls Official Plan (AM-2023-022). By-law 2024-029 - AM-2023-022 - 8885-8911 Lundy's Lane - OPA 715 - 718 2024- 030. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 10 storey mixed-use building, with 1,330 square metres of ground floor commercial space and 192 dwelling units, subject to the removal of a Holding (H) symbol and a 3 year sunset clause (AM-2023-022). By-law 2024-030 - AM-2023-022 - 8885-8911 Lundy's Lane - ZBA 719 - 724 2024- 031. A by-law to amend By-law No. 79-200 to permit the use of the lands for a 30-storey mixed-use building with 456 dwelling units and 2 commercial units at grade subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-023). By-law 2024-031 - AM-2023-023 - 5438 Ferry Street - ZBA 725 - 730 Page 11 of 769 2024- 032. 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. By-law 2024-032 - 2024 MAR 19 By-law Enforcement Officers 731 - 732 2024- 033. A by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. By-law 2024-033 - Water By-Law 3.19.24 Water Schedule A - January 1 2024 733 - 755 2024- 034. A by-law to amend By-law No. 96-50, being a by-law to regulate parking and traffic on City Roads. (municipal lots) (Added) By-law 2024-034 - Amending By-law No. 96-50 Schedule B update 2024 756 - 758 2024- 036. A by-law to amend By-law No. 2014-65 being a by-law to establish a System of Administrative Penalties respecting the stopping, standing, or parking of vehicles in the City of Niagara Falls. (Added) By-law 2024-036 - Amending By-law 2014-65 Amendment - event fines 759 - 760 2024- 037. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads.(Added) By-law 2024-037 - Amending By-law No. 89-2000 - event parking 2024 761 - 762 2024- 038. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones) (Added) By-law 2024-038 - Amending By-law No. 89-2000 Schedule G 2024 update 763 - 768 2024- 039. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 19th of March, 2024. 769 Page 12 of 769 By-law 2024-039 - 03 19 24 Confirming By-law 18. ADJOURNMENT Page 13 of 769 The City of Niagara Falls, Ontario Resolution No. 05 March 19, 2024 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 March 19, 2024, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (f) advice that is subject to solicitor-client privilege. THEREFORE BE IT RESOLVED that on March 19, 2024 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (f) to receive legal advice on the proposed Development Charges Study as well as separate legal advice on a possible moratorium on aggregate mining. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 14 of 769 The City of Niagara Falls, Ontario Resolution March 19, 2024 No. 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 s. 5.1 of the City’s Procedural By-law states that all regular meetings of Council shall be held according to the schedule to be set annually AND that in the event that a Special Meeting of Council is required, the Clerk shall provide all Members with notice of a Special Meeting at least forty-eight hours before such meeting. WHEREAS on May 14, 2024 at 4:00 p.m, Niagara Falls City Council will be holding a Special Closed Meeting as permitted under s. 239 (2) (f) of the Municipal Act, namely; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. THEREFORE BE IT RESOLVED that on May 14, 2024, Niagara Falls City Council will go into closed meetings to consider matters that fall under section 239 (2) (f) advice that is subject to solicitor-client privilege related to Development Charges. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 15 of 769 MINUTES City Council Meeting 4:00 PM - Tuesday, February 27, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, February 27, 2024, at 4:16 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Mike Strange, Councillor Wayne Thomson (present in Council Chambers) Councillor Lori Lococo (present virtually via Zoom) COUNCIL ABSENT: Councillor Victor Pietrangelo STAFF PRESENT: Jason Burgess, Bill Matson, Kira Dolch, James Dowling, Chief Jo Zambito, Erik Nickel, Nidhi Punyarthi, Trent Dark, Kathy Moldenhauer, Margaret Corbett (Present in Council Chambers) Kent Schachowskoj (present virtually via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:16 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of February 6, 2024 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council approve the minutes of the February 6, 2024. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Ruth Ann Nieuwesteeg declared a conflict of interest to Item #12.2 - Victoria Centre BIA Budget as she is the Councillor representative for the Victoria Centre BIA. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following:  Marcel Pelletier, father of Cameron Pelletier of our Municipal Works Department.  George Kizlan, father of Steven Kizlan of our Municipal Works Department. Page 1 of 14 Page 16 of 769  Christel Kubik, mother-in-law of Kellie Kubik of Fire Services. Mayor Diodati mentioned the following announcements/events: Dr. Kenneth Walker / Dr. W. Gifford Jones Day  Tomorrow, Wednesday, February 28th marks the 100th birthday of Dr. Gifford Jones, aka Dr. Ken Walker (which is his given name)  Celebrated, long-loved newspaper columnist – boasted 7M readers  Lived and raised his family in Niagara Falls  City Council will remember that in 2022, we presented him with the Key to the City  Published 9 books  After he suffered a heart attached at the age of 74, famously started taking high doses of vitamin C and shared his health findings with the world  I would like to ask for a motion to make tomorrow Dr. W. Gifford Jones Day in Niagara Falls  Also—the falls will be illuminated in red, his favourite colour, in his honour tomorrow evening Opening of the NF Raquet Centre [photos shown]  Also attended by Councillors Strange, Patel, Nieuwesteeg and Thomson Grand Opening of the NF Exchange [photos shown]  Also attended by Councillors Thomson, Campbell, Nieuwesteeg, Patel, Lococo and Strange Rotary Trivia Night [photos shown]  Also attended by Councillors Patel and Strange Hustle for Healthcare Fundraising Gala [photos shown]  Also attended by Councillors Baldinelli, Strange and Patel Irish Festival Launch [photo shown]  Also attended by Councillor Patel Councillor Representation [photo shown] Councillor Patel  Kosovo Flag Raising & attended by Councillor Thomson Business Happenings [photos for each shown]  Grand Opening Atwalz Hair Studio Inc. o No Councillors attended  Grand Opening of Dosa Eatery and Shake Therapy o Also attended by Councillors Patel & Niewesteeg  UMOJA Black History Month Pop Up Market o Also attended by Councillor Patel o COMING UP: Solar Eclipse Events  Just announced today: Free Glorious Sons Concert with guests, New Page 2 of 14 Page 17 of 769 Friends, The Boneheads and Niagara Symphony Orchestra  Educational programming throughout the City and at Niagara Parks  Guinness Book of World Record attempt – sun costumes Coming up:  Have a safe and enjoyable March Break o Monday, March 11th- Friday, March 15th Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Campbell THAT Council declare Wednesday, February 28,2024 as "Dr. W. Gifford Jones Day" in Niagara Falls. Carried Unanimously b) The next Council meetings are as follows:  Tuesday, March 5th at 4:30 PM - Special Council Meeting to discuss the Official Plan.  Tuesday, March 19th at 4:00 PM - regular City Council Meeting. 5. DEPUTATIONS / PRESENTATIONS 5.1. 2024 Development Charges Study: Draft DC Rates Jackie Hall, Project Manager, Hemson Consulting Ltd., provided a presentation to Council regarding the 2024 Development Charges Study. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council receive the presentation made by Jackie Hall, Project Manager, Hemson Consulting Ltd., regarding the 2024 Development Charges Study. Carried Unanimously 5.2. F-2024-11 Development Charges - Draft Rates and Capital Program Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE report F-2024-11 Development Charges – Draft Rates and Capital Program and accompanying Attachments 1-4. 2. THAT Council ENDORSE the draft population and employment forecasts for the purposes of informing the capital programs and development charges rate calculation as outlined in Attachment 3; 3. THAT the list of draft projects eligible for development charges funding provided in Attachment 4, BE ENDORSED to be used as input into the 2024 Development Charges Background Study, subject to amendments as part of the ongoing public consultation and staff reviews; Page 3 of 14 Page 18 of 769 4. THAT staff BE DIRECTED to bring forward an Industrial DC Grant Program and Community Improvement Plan (CIP) Policies for consideration as part of the adoption of the 2024 DC By-law; 5. THAT staff BE DIRECTED to publicly release the draft by-law and Development Charges Background Study, no later than March 29, 2024, to ensure it is released a minimum of 60 days prior to the anticipated DC By-Law passage. Carried Unanimously 5.3. BMA Management Consulting - Water and Wastewater Long-Range Financial Plan Jim Bruzzese from BMA Management Consulting Inc., provided Council with a presentation pertaining to the City of Niagara Falls' Water and Wastewater Long-Range Financial Plan. RECOMMENDATION: THAT Council APPROVE the financial plan, as outlined in the BMA Management Consulting Inc. Water and Wastewater Long-Range Financial Plan presentation and associated Report. Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE the financial plan, as outlined in the BMA Management Consulting Inc. Water and Wastewater Long-Range Financial Plan presentation and associated Report. Carried Unanimously 5.4. Niagara Region - Niagara Falls Non-Profit Housing - Presentation The Niagara Falls Non-Profit Housing (NFNP) is an organization undertaking the planning of new 100 unit affordable housing development on McLeod Road. The NFNP is requesting to present at City Council in order to request planning fee waivers, expedited approvals and general project support. Gord Szaszi, Project Manager Housing Development at the Niagara Region, along with John Potts, Board Director of NFNP made a presentation before Council. Councillor Nieuwesteeg left the meeting at 6:46 PM and returned at 6:52 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT Council receive the presentation made by Gord Szaszi and John Potts from the Niagara Falls Non-Profit Housing organization; AND FURTHERMORE, THAT Council direct the Mayor's office to send a city letter of support to bolster our future funding applications as support from multiple Page 4 of 14 Page 19 of 769 levels of government is critical for major funding applications. Carried Unanimously (Councillor Nieuwesteeg was absent from the vote). 6. PLANNING MATTERS 6.1. PBD-2024-03 AM-2023-022, Official Plan & Zoning By-law Amendment Application 8885-8911 Lundy’s Lane Applicant: M5V The Lundy Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Mary-Lou Tanner) The Public meeting commenced at 6:49 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-03. Steven Rivers, Consultant South Coast Consulting, of 189 Clare Avenue in Port Colborne, spoke in opposition of the application citing concerns regarding the uses for the land. The property is designated as Tourist Commercial. Dr. David Muller, Owner of Garlund Properties, of 5855 Garner Road (BV Glazing Systems), spoke supporting industrial builds in the city but spoke in opposition of the application. Dr. Muller cited concerns over building a residential development beside this industrial building. Rocky Vacca, Solicitor, along with Mary Lou Tanner, agent from NPG Planning and Slavi Grozev (noise and vibration expert from RWDI), presented to Council supporting the application. The Public meeting closed at 7:52 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson 1. THAT Council approve the Official Plan and Zoning By-law amendment as detailed in this report to permit a 10 storey mixed-use building with 1,330 square metres of commercial space and 192 residential dwelling units, subject to the regulations outlined in this report. 2. THAT the amending zoning by-law include a Holding (H) provision to require an updated Wind Study, an updated noise study that analyzes the revised proposal, implement archaeological warning clauses, implement air quality mitigation measures and required warning clauses, implement warning clauses about adjacent campground activities, implements a warning clause regarding the adjacent industrial use, and a rooftop feature/detailing that is distinctive but complementary to the style of the building. 3. THAT the amending zoning by-law include a sunset clause to require Page 5 of 14 Page 20 of 769 the execution of a site plan agreement on title within 3 years of the passing of the zoning by-law. Carried (Councillor Patel and Councillor Baldinelli opposed the vote). 6.2. PBD-2024-04 AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent: Upper Canada Consultants (William Heikoop) Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-04. A memo from the Planning Department was provided to Council regarding this report. There was an oversight made by Staff and as such, the posted notice sign was not updated with the time, date and location of the February 27, 2024 Public Meeting. This means the minimum notice requirements under the Planning Act were not met. Staff recommendation changed to the following: THAT application AM-2023-027 be deferred until such a time that the minimum notice requirements required under Section 34 (13) of the Planning Act. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Report PBD-2024-04, AM-2023-027 be deferred until the Council meeting of March 19, 2024. Carried Unanimously 6.3. PBD-2024-05 (DEFERRED TO LATER DATE) AM-2022-024 & 26T-11-2022-001 – Official Plan Amendment, Zoning By- law Amendment & Draft Plan of Subdivision Oakwood Drive Proposal: To facilitate the development of 255 townhouse Dwellings and up to 46 additional dwelling units. Applicant: Branthaven Belmont Oakwood Inc. Agent: Zelinka Priamo Ltd. (Robert MacFarlane / Azar Davis 7. IN CAMERA SESSION OF COUNCIL 7.1. In-Camera Resolution Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council enter into an In-Camera session. Carried Unanimously (Councillor Patel was absent from vote). Page 6 of 14 Page 21 of 769 7.2. In-Camera Resolution - March 5, 2024 & May 14, 2024 Council entered into the In-Camera session at 8:02 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council enter into an In-Camera session on March 5, 2024 and May 14, 2024. Carried Unanimously (Councillor Patel was absent from the vote). 8. REPORTS Councillor Wayne Campbell left the meeting at 9:45 PM (upon the completion of the In-Camera meeting). Open Council meeting resumed at 9:53 PM (upon completion of the In-Camera meeting). 8.1. MW-2024-09 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) Contract Award 2024-594-23 Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli 1. THAT Council award the 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) to the lowest compliant bidder, Baiocco Construction Corp. in the amount of $3,824,087.97 plus applicable HST. 2. THAT Council approve a 2024 capital budget amendment for this project (Main St Chippawa Rd Reconstruction and Sewer R125-20) with the additional amount of $1,100,000.00 to be funded as follows: $608,800 from OCIF and $491,200 from Capital Special Purpose Reserves. 3. THAT the Mayor and Clerk be authorized to execute the necessary agreements. Carried Unanimously 8.2. MW-2024-10 South Chippawa Infrastructure Improvements – Cost Sharing Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Staff be directed to enter a cost sharing agreement for upsizing of local sanitary sewer and watermain along Sodom Road and a sanitary sewer within the Chippawa East Development. 2. THAT the Mayor and City Clerk be authorized to execute all necessary Page 7 of 14 Page 22 of 769 Development Agreements and/or Cost sharing Agreements. 3. THAT Council approve a 2024 Capital Budget Amendment in the amount of $1,031,867, inclusive of non-recoverable HST, funded from Development Charges. Carried (Councillor Lococo was opposed to the vote). 8.3 . CAO-2024-03 Fire Communications Consolidation Justin Canestraro, NFPFFA President, addressed Council. He is looking to Council to continue to support their core values of public safety and vote unanimously no to removing the Communications Centre from the City of Niagara Falls. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council DIRECT staff to maintain current operations of fire dispatch for the City of Niagara Falls. Ayes: Mayor Jim Diodati, Councillor Lori Lococo, Councillor Mona Patel, Councillor Mike Strange, Councillor Ruth-Ann Nieuwesteeg, Councillor Tony Baldinelli, and Councillor Wayne Thomson Carried Unanimously (Councillor Campbell was absent from vote). 7-0 on a recorded vote Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel THAT Council direct the Fire Department to look for cost-saving measures for future savings and to direct all departments to abide by this same commitment to find ways to reduce costs. Ayes: Mayor Jim Diodati, Councillor Lori Lococo, Councillor Mona Patel, Councillor Mike Strange, Councillor Ruth-Ann Nieuwesteeg, and Councillor Tony Baldinelli Nays: Councillor Wayne Thomson CARRIED (Councillor Campbell was absent from the vote). 6-1 on a recorded vote Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council approve extending the curfew past 10:00 PM. Carried Unanimously (Councillor Campbell was absent from vote). 9. CONSENT AGENDA 9.1. MW-2024-05 Centre Street – Temporary Patio Pilot Study Update Page 8 of 14 Page 23 of 769 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Staff Report MW-2024-05, Centre Street – Temporary Patio Pilot Study Update, be received as information; AND THAT Council support the discontinuation of the Temporary Patio Pilot Study on Centre Street between Victoria Avenue and Ellen Avenue; AND THAT Council direct staff to include considerations and opportunities to incorporate market zones, sidewalk cafes/patios, and pedestrian only streets/promenades on Centre Street and the surrounding area during future streetscaping project(s); and AND THAT Council direct staff to engage with the various stakeholders during the design consultation process for the future streetscaping project(s). Carried Unanimously (Councillor Campbell was absent from vote). 9.2. MW-2024-06 Single Source Standardization - Parking Pay and Display Machines Purchases Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Staff Report MW-2024-06, Single Source Standardization – Parking Pay and Display Machines Purchases be received as information; AND THAT Council approve the single source standardization for pay and display parking machines from March 1, 2024 for an initial three (3) year period with the option in favour of the City to extend the standardization for two (2) additional one (1) year periods. AND THAT Council approves Cale Systems (Precise ParkLink) as the single source supplier of pay and display parking machines in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04; AND THAT Council approve the 2024 purchase of eleven (11) parking pay and display machines from Cale Systems (Precise ParkLink) at an estimated cost of $98,854.00 ($8,985 per unit). Carried Unanimously (Councillor Campbell was absent from vote). 9.3. MW-2024-07 Chippawa Parkway Speed Control Follow-up Review Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel Page 9 of 14 Page 24 of 769 That report MW-2024-07 Regarding Chippawa Parkway Speed Control Follow- Up be received for information. Carried Unanimously (Councillor Campbell was absent from vote). 9.4. MW-2024-08 Rural Road Speed Limit Reviews: South of Chippawa Creek Road and West of Montrose Road Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel That the speed limit on Carl Road between Montrose Road and the City’s west limit be reduced from 70 km/h to 60 km/h; That the speed limit on Crowland Avenue between Lyons Creek Road and Netherby Road be reduced from 70 km/h to 60 km/h; That the speed limit on Lincoln Street between Crowland Avenue and the City’s west limit be reduced from 70 km/h to 60 km/h; and, That the speed limit on Lyons Creek Road between Schisler Road and the terminus west of Morris Road be increased from 50 km/h to 60 km/h; That the speed limit on King Road between Bossert Road and North Limit be reduced from 70 km/h to 60 km/h; That the speed limit on Bossert Road between Bossert Service Road and King Road be reduced from 70 km/h to 60 km/h; and, That the speed limit on Bossert Service Road between Ort Road and Bossert Road be reduced from 70 km/h to 60 km/h. Carried Unanimously (Councillor Campbell was absent from vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag-Raising Request - Polish Constitution Day - Friday, May 3, 2024. Attached is a request for Council to approve a flag-raising ceremony at Rosberg's Park at 2:00 PM on Friday, May 3, 2024 to recognize this year's "Polish Constitution Day." Recommendation: For the Approval of Council. 10.2. Proclamation Request - Jewish Heritage Month 2024 The Director of Government Relations, of B'Nai Brith National Organization of Canada, is requesting the City of Niagara Falls Council adopt a motion to recognize May 2024 as "Jewish Heritage Month 2024," and that the City provides a video statement about the month. Recommendation: For Council's support and approval. Page 10 of 14 Page 25 of 769 10.3. Proclamation Request - Knights of Columbus Week Attached is a request for Council to proclaim April 21, 2024 through April 28, 2024 as "Knights of Columbus Week" in Niagara Falls. Recommendation: For the Approval of Council. 10.4. Proclamation Request - World Autism Day Autism Ontario is requesting Council to purchase a flag for the "Fly the Flag" campaign and to formally proclaim Tuesday, April 2, 2024 as "World Autism Awareness Day" to show autism support. Recommendation: For the Approval of Council. 10.5. Proclamation Request - Apraxia Awareness Day Attached is a letter requesting Council to proclaim Tuesday, May 14, 2024 as "Apraxia Awareness Day." Recommendation: For the Approval of Council. 10.6. Flag-Raising Request - Italian Heritage Month On behalf of the National Congress Italia Canada, the Niagara Peninsula District is requesting Council to approve a flag-raising ceremony on Friday, June 7, 2024 at 12:00 PM to celebrate the 14th year of Italian Heritage Month. Recommendation: For the Approval of Council. 10.7. Flag-Raising Request - Children's Mental Health Awareness Week Attached is a request for Council to approve a flag-raising request to support the celebration of the week of May 6 - 11, 2024 as "Children's Mental Health Awareness Week." Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli THAT Council approve Item #10.1 through to and including Item #10.7. Carried Unanimously (Councillor Campbell was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Town of Grimsby - Advocacy of Mental Health and Addictions Attached is a resolution that the Council of the Corporation of the Town of Grimsby passed at its meeting held on February 5, 2024 regarding the Advocacy of Mental Health and Addictions Recommendation: For the Information of Council. 11.2. Motion to Convene Second National Summit to Combat Antisemitism Page 11 of 14 Page 26 of 769 On behalf of a human rights advocate, the attached letter includes a sample motion calling for a national summit on combating anti-Semitism. Recommendation: For the Information of Council. 11.3. Comments from Resident Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information Item #11.1 through to and including Item #11.3. Carried Unanimously (Councillor Campbell was absent from vote). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Fallsview BIA - 2024 Proposed Budget Attached is the Fallsview BIA's 2024 proposed budget for Council's approval. Recommendation: THAT Council approve the Fallsview BIA proposed budget for 2024. Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council approve the Fallsview BIA proposed budget for 2024. Carried Unanimously (Councillor Campbell was absent from the vote). 12.2. Victoria Centre BIA - 2024 Budget (Updated) Attached is the Victoria Centre BIA (BCBIA) 2024 budget as recently passed by the Board of Directors. Recommendation: THAT Council approve the Victoria Centre BIA budget for 2024. The letter that was attached to the agenda reflected 2022 in error. Should be 2024. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council approve the Victoria Centre BIA budget for 2024. Carried Unanimously (Councillor Nieuwesteeg declared a conflict). 13. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli Page 12 of 14 Page 27 of 769 THAT Council APPROVE the potential sale of land, located at 4200 Queen Street, Niagara Falls. Carried (Councillor Lococo was opposed to vote and Councillor Campbell was absent from vote). 14. MOTION 14.1. At the Council Meeting of February 6, 2024, Councillor Nieuwesteeg brought forward the following motion: Motion: THAT the region be asked to consider amending by-law 96-2006, a by-law to establish criteria for applications for tax deferrals by low-income seniors and low-income disabled persons to remove the $200 threshold as identified in definition of "eligible deferral amount" and throughout the by-law. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT the Region be asked to consider amending by-law 96-2006, a by-law to establish criteria for applications for tax deferrals by low-income seniors and low-income disabled persons to remove the $200 threshold as identified in definition of "eligible deferral amount" and throughout the by-law. Carried Unanimously (Councillor Campbell was absent from the vote). 15. NOTICE OF MOTION/NEW BUSINESS a) Councillor Patel mentioned an upcoming public event, "Why DEI (Diversity Equity and Inclusion) Matters - One Community, Many Perspectives - held on Monday, March 4th from 1-4 PM and the Niagara Falls Exchange. This free event is hosted by the Diversity Equity and Inclusion Advisory Commitee. b) Notice of Motion - City's Strategic Priorities Review Councillor Lococo brought forth the following notice of motion: Notice of Motion: THAT Council review our Strategic Plan and Master Plans in order to find cost savings. 16. BY-LAWS 2024- 022. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways, Through Highways, Stop Signs at Intersections) 2024- 023. A by-law to amend By-law No. 2014-65 being a by-law to establish a System of Administrative Penalties respecting the stopping, standing, or parking of Page 13 of 14 Page 28 of 769 vehicles in the City of Niagara Falls. 2024- 024. 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. 2024- 025. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 27th of February, 2024. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Campbell was absent) 17. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council adjourn the meeting at 11:37 PM. Carried Unanimously (Councillor Campbell was absent) Mayor City Clerk Page 14 of 14 Page 29 of 769 MINUTES Special City Council Meeting 4:30 PM - Tuesday, March 5, 2024 Council Chambers/Zoom App. The Special City Council meeting of the City of Niagara Falls was called to order on Tuesday, March 5, 2024, at 4:59 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Mike Strange, Councillor Wayne Thomson COUNCIL PRESENT: Councillor Wayne Campbell, Councillor Victor Pietrangelo STAFF PRESENT: Jason Burgess, Bill Matson, Margaret Corbett, Erik Nickel, Nidhi Punyarthi, Kira Dolch, Francesca Berardi, Signe Hansen (present in Chambers) Kathy Moldenhauer, Shelley Darlington (present via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:59 PM. 2. DISCLOSURES OF PECUNIARY INTEREST None were reported. 3. REPORTS 3.1. PBD-2024-05 The new Official Plan for the City of Niagara Falls Special Meeting of Council as per Section 26(3) of the Planning Act Francesca Berardi, City of Niagara Falls Planner 2, and the City's consultant from the Planning Partnership, Donna Hinde, presented details on the initiation of a new City of Niagara Falls Official Plan, "Our Niagara Falls Plan." The Official Plan is a new long-term land use vision that will guide us through the future to 2051. Throughout the project, the City will engage with residents, stakeholders, businesses & community groups to shape the new Official Plan's vision, objectives, and direction. Attending from the Planning Partnership:  Donna Hinde, Project Manager & Consultation Lead  Joe Nethery, Project Coordinator & Lead Planner Page 1 of 3 Page 30 of 769  Ron Palmer, Senior Planning Policy Advisor Donna Hinde, Joe Nethery and Ron Palmer provided a brief presentation and answered questions of Council pertaining to the new Official Plan for the City of Niagara Falls. The following members of the public provided comments:  Sara Hesse (attended virtually)  Joyce Sankey, resident at 7015 Garden Street, Niagara Falls  Helene Cayer, resident at 9440 Eagle Ridge  Aaron D'Eon  Vince Salvatori  David Rupay  Dr. Bacher, 134 Church Street, St. Catharines  Linda Manson of 4732 Cookman Crescent  Lesley Laan, of 5525 Reixinger Road Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. THAT Council receive this report regarding the initiation of the new Official Plan for the City of Niagara Falls and; 2. THAT input received through the Public Meeting be considered in the preparation of the new Official Plan. Carried Unanimously 4. BY-LAWS 2024- 026. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 5th of March, 2024. Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 5. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council adjourn the meeting at 6:59 PM. Carried Unanimously Page 2 of 3 Page 31 of 769 Mayor City Clerk Page 3 of 3 Page 32 of 769 City of Niagara Falls Niagara Parks Update Presentation by Chair April Jeffs and CEO David Adames Page 33 of 769 NIAGARA PARKS •Niagara Parks Chair, April Jeffs •Niagara Parks CEO, David Adames Your Presenters Page 34 of 769 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 Graham Coveney, 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 35 of 769 NIAGARA PARKS Operations and Funding •One of the region’s largest employers; 1,800 headcount in peak season; $60 million payroll. •Operating budget covers payroll, operating expenses to run its revenue-producing operations and key operational projects. •Capital budget covers investments into deferred maintenance and strategic capital projects to enhance Niagara Parks’ visitor experiences. •$175 million worth of deferred maintenance across Niagara Parks sites Page 36 of 769 NIAGARA PARKS •Niagara Parks is continuing to place a focus on promoting its highest revenue-producing operations – attractions. •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 continue to impact travel spending and the full recovery of the local tourism industry. •While revenue levels have surpassed 2019, visitation numbers still remain below pre-COVID figures. •It is more important than ever to work collaboratively to promote and support tourism in Niagara. Tourism Landscape Page 37 of 769 6 •Total Solar Eclipse 2024 (Monday, April 8) •Redevelopment of Power Stations •Table Rock Centre •NEW: Table Rock Bistro + Wine Bar •Replacement of Niagara’s Fury with new Flying Theatre attraction •Updates to the Niagara Parks Power Station •New nighttime experience; bilingual audio tour and Tesla coil installation •$19 million redevelopment of the Niagara Parks Marina •Refresh of signage and interpretation at White Water Walk Key Projects 2024-25 Page 38 of 769 7NIAGARA PARKS •Pearle Hospitality is the selected proponent who will be redeveloping the historic Toronto Power Generating Station. •Their impressive proposal outlines a $200+ million investment to restore the building and create a new guest experience within the destination. •Highlights of the redevelopment plan: •Several free indoor and outdoor public viewing areas •Niagara Falls’ first five-star boutique accommodation •Free public art gallery and museum •Theatre space •Variety of culinary options (restaurants, cafe, bars and lounges, craft brewery) •The redeveloped Toronto Power will elevate the entire destination of Niagara Falls, attracting a new higher-end market, while also providing numerous benefits for local residents. Redevelopment of Toronto Power Page 39 of 769 8NIAGARA PARKSPage 40 of 769 NIAGARA PARKS •Ontario Power Generating Station (OPGS) is the historic power station that was built right into the rockface in the lower Niagara Gorge (currently situated adjacent to Niagara City Cruises on the lower Niagara River). •The redevelopment of OPGS will create an unprecedented guest experience with an all-new vantage point of the Falls. •Niagara Parks will be announcing the conclusion of the call for proposals process and winning proponent this spring. •Similar to Toronto Power, this is an opportunity, through private sector investment, to restore an empty historic building and open it for the public to experience and enjoy. Redevelopment of Ontario Power Page 41 of 769 10 •Free solar eclipse concert presented by Niagara Falls Tourism and City of Niagara Falls •Glorious Sons •JJ Wilde, The Boneheads, New Friends, Niagara Symphony Orchestra •Facilitating road closure plan for Queen Victoria Park and with Town of Fort Erie •Niagara Parks hosting free, family-friendly programming across its sites including: •Q&A sessions with NASA subject matter experts at Niagara Parks Power Station (sold-out) and Old Fort Erie •Astronomy in Action mobile planetarium •MadScience at Table Rock •Canadian Space Agency (CSA) booth at Table Rock •Partnerships with Brock U and Toronto Metropolitan University •Full details at niagaraparks.com/eclipse Total Solar Eclipse 2024 Page 42 of 769 NIAGARA PARKS •Refresh and activation of the outdoor Artist’s Garden at the Floral Showhouse •Partnership with TD Niagara Jazz Festival – season kickoff event to be held at Oakes Garden Theatre (June 21, 2024) •Events and programming for Truth and Reconciliation Day •Refresh of tunnel experience at Journey Behind the Falls •Road resurfacing projects •Invasive Species Management •Urban Forestry Management Strategy •Shoreline Restoration Key Projects 2024-25 (continued)Page 43 of 769 NIAGARA PARKS Niagara Parks Power Station + Tunnel •New integrated nighttime experience •New multilingual audio tour •Tesla Coil installation Table Rock Bistro + Wine Bar •Grand Opening in spring 2024 Whirlpool Bar + Lounge •Reopening of newly updated restaurant at Whirlpool Gol Course for the first time since the pandemic Indigenous themed audio tour at the Niagara Glen •Coming spring 2024, in collaboration with the Niagara Parks Foundation What’s New for the 2024 Tourism Season Page 44 of 769 NIAGARA PARKS •Works closely with municipal partners (including City of Niagara Falls), Niagara Falls Tourism; Tourism Partnership of Niagara; local BIAs; Niagara Falls Hotel Association. •Seniors Month Promotion – 50% off admission on Wednesdays in June. •$45 annual parking pass geared toward local residents and frequent visitors. •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 45 of 769 NIAGARA PARKS Stewards of the Niagara River Corridor •Niagara Parks is a key demand generator, driving visitation and tourism to Niagara and Ontario. •Operates its own revenue-producing products, services and experiences (including attractions, full-service restaurants, quick- service food outlets, retail stores, heritage sites, golf courses, and numerous parking and transportation services) and third-party partners (most recently Pearle Hospitality, Niagara City Cruises, Niagara Adventure Excursions, Digital Attractions). •Responsible for maintaining 56km Niagara Parkway and 53km recreation trail, numerous parks, gardens and natural areas. •Breadth of services include Niagara Parks Police Service, School of Horticulture. •Re-established Niagara Parks Foundation focuses on raising funds to support additional environmental and cultural stewardship projects.Page 46 of 769 NIAGARA PARKS 15Page 47 of 769 16 •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 48 of 769 NIAGARA PARKS •Heritage Sites •Old Fort Erie •Mackenzie Printery •Laura Secord Homestead •McFarland House •Landscape of Nations Memorial •Special events (Valour and Victory Indigenous Veterans Ceremony, Chippawa Battlefield Ceremony, National Day for Truth and Reconciliation) •Partnership with TD Niagara Jazz Festival •Explore the Niagara collaborative initiative with Parks Canada and bordering municipalities •Highlight sites, experiences, events related to themes of Black History, Indigenous culture, nation-building, nature & gardens, active living •Hundreds of plaques, markers, monuments all along 56-kilometre Niagara River corridor Cultural Stewardship Page 49 of 769 NIAGARA PARKS •The Niagara Parks Foundation was relaunched in the spring of 2022. •A registered charity governed by a Board of Directors established to support and advance the environmental and cultural stewardship initiatives of Niagara Parks. 2023 Highlights •Completed year one of three-year project to support stewardship work at Dufferin Islands ($400,000 investment by TD Bank). •Over $15,000 raised through Toonies for Trees program for tree planting (7,500 trees planted across Niagara Parks). Niagara Parks Foundation “A caring commitment to priceless parklands” Page 50 of 769 19 •Through the Niagara Parks Foundation, local students from Niagara Falls elementary schools were invited to take part in a day of hands-on learning with Indigenous community members at the Niagara Glen. •The workshops included Indigenous teachings and planting a sunflower garden in front of the Niagara Glen Nature Centre. Foundation Spotlight: Indigenous Workshops at the Niagara Glen Page 51 of 769 20 Questions and Comments Thank you for your time today. We welcome any questions and or comments about today’s presentation!Page 52 of 769 PBD-2024-04 Report Report to: Mayor and Council Date: March 19, 2024 Title: AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent: Upper Canada Consultants (William Heikoop) Recommendation(s) 1. That Council approve the Zoning By-law amendment as detailed in this report for a 5 storey apartment building with 71 dwelling units, subject to the regulations and recommendations outlined in this report; and, 2. the require to clause sunset a by-law zoning amending the That include execution of a site plan agreement on title within 3 years of the passing of the zoning by-law. 3. That Council adopt proposed By-law No. 2024-027 on tonight's agenda to facilitate the proposal. Executive Summary Mountainview DAC Inc. has requested a Zoning By-law amendment to permit a 5 storey apartment building with 71 dwelling units. The amendment is recommended subject to a sunset clause and is support as modified for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it intensifies land within the Built-up Area, will assist the City in meeting its intensification targets, will provide a wider range of housing options for residents;  The requested site specific residential zone and Staff’s proposed modifications maintain appropriate regulations for the proposed built form and ensures the proposed development will be compatible with surrounding properties; and,  A sunset clause will be applied requiring the applicant to execute a site plan agreement on title within 3 years of the passing of the amending by-law, if approved. Page 1 of 16 Page 53 of 769 Background Proposal Mountainview DAC Inc. has requested a Zoning By-law amendment to permit the development of 5 storey apartment building with 71 dwelling units. The subject land is located at the southwest corner of Mountain Road and St. Paul Avenue and is approximately 1.0 ha (2.5 acres), as shown on Schedule 1. Schedule 2 shows details of the proposed development. The subject land is zoned a site specific Residential Low Density, Grouped Multiple Dwelling (R4-449, R4-1050) zone under Zoning By-law No. 79-200, which permits a 6 storey, 36 unit apartment dwelling. The applicant is requesting the lands be placed under a new site specific R4 zone to permit the proposed development. Site Conditions and Surrounding Land Uses The subject land is located on the southwest corner of Mountain Road and St. Paul Avenue and is currently vacant. To the north and west are detached dwelling units; to the south is the hydro corridor; and to the east is vacant land approved for a 10 storey apartment building and a commercial use. Circulation Comments  Niagara Region o A detailed technical review will be undertaken through the Site Plan application stage. o An irregular daylight triangle at the intersection of Region Road 191 (Mountain Road) and St. Paul Avenue is required. This will be taken through the Site Plan application stage, if approved.  Building Services o Building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review, if approved.  Enbridge, Fire Services, GIS Services, Landscape Services, Municipal Works, and Transportation Services o No objections to the application or site specific regulations. o Detailed technical review will occur at site plan stage. Page 2 of 16 Page 54 of 769 Neighbourhood Comments The neighbourhood open house was held on January 9, 2024, attended by the applicant, the applicant’s agent, and six (6) residents. Written comments were received from one (1) resident. The residents raised concerns regarding: construction noise, sightlines, construction vibrations, and the potential of Vacation Rental Units. Staff’s response is as follows:  Construction noise will be regulated by the City’s Noise By-law.  The Niagara Region reviewed the submitted sight line study and had no concerns.  The building has been proposed on the western portion of the site, where the amount of fill is shallower, and will result in less compacting than the eastern portion of the site. The applicant proposes to undergo a pre-condition survey of nearby structures to determine if additional mitigation measures are required through the building permit process. Regular vibration monitoring will be conducted during the construction phase of the project to ensure there are no negative impacts to surrounding properties. This will be reviewed in further detail at time of Site Plan.  The application does not include a request to add Vacation Rental Units as a permitted use. The City’s Official Plan and Zoning By-law do not permit Vacation Rental Units on the subject land. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act; and,  The proposed development is within a settlement area, provides an apartment housing option for the neighbourhood, and effectively uses land and infrastructure. 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. The proposal conforms as follows:  The proposed apartment dwelling units will contribute to the Region’s intensification target of 50%, diversify the housing supply for the neighbourhood, and effectively utilize municipal infrastructure and urban lands. Page 3 of 16 Page 55 of 769 3. City's Official Plan The Official Plan designates the subject land as Residential. The subject land is located on an arterial road, which permits a maximum height of 6 storeys and a maximum density of 100 units per hectare where located on current or planned public transit routes and in close proximity to commercial areas. The proposal is for a 5 storey apartment building with a density of 70 units per hectare. The proposed height of 5 storeys is appropriate as the subject lands front onto two arterial roads. The proposed density of 70 units per hectare is appropriate as the subject lands are not on a current or planned public transit route, nor in close proximity to commercial areas. The proposal complies with the intent of the Official Plan policies as follows:  The proposed development is located on lands that front onto two arterial roads;  The proposed building height of 5 storeys is permitted;  It provides setbacks that are appropriate for the abutting land uses. The rear yard setback exceeds the height of the building. The side yard setbacks abut the Mountain Road road allowance and the hydro corridor. There is adequate separation between the project and residential properties to the north and west;  Both transportation and municipal infrastructure have adequate capacity to accommodate the proposal;  The proposal provides articulated architectural treatments through the use of balconies, indentations in the building’s facades, changes in exterior cladding, and a step back at the fifth floor (as shown in Schedule 3);  The parking area has an adequate landscaped buffer along Mountain Road and abutting properties;  The proposal contains 53 one-bedroom units and 18 two-bedroom units which will provide the neighbourhood with a wider variety of housing options with the addition of apartment dwelling units. Five of the one-bedroom units will be priced at an affordable rate below the $539, 460 market price to be considered affordable to moderate income households. The remainder of the units are estimated to range $600,000-$850,000 in price, depending on the size and number of bedrooms, amid other variables. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government as well as for the City of Niagara Falls. Ensuring that housing is delivered in line with the existing and planned services required to support it requires that services which can support housing are not held up in developments that do not proceed in a timely manner. To ensure the cost of housing does not increase because of services that may be available but are unused, it is important for the City of Niagara Falls to take action to make sure those developers committed to build over the next 3 years are Page 4 of 16 Page 56 of 769 considered as part of the City’s servicing plans. These projects help advance many of the key objectives of the Province and City of delivering timely housing in a cost- effective manner. The City has been working on a servicing master plan and is working to factor in the developments that have been approved as well as has considered those areas that are slated for development such as the secondary plan areas. This plan will undergo review every five years. Hence, it is imperative for the City to ensure developers proposing projects intend to execute agreements within the next three years, aligning with servicing plans and mitigating the necessity for expensive infrastructure expansion. To achieve this objective, the City is proposing a three-year sunset clause with the ability to extend for an additional year at the discretion of the General Manager of Planning Building and Development. This measure aims to ensure that developments execute site plans or receive draft plan of condominium/subdivision approval within this specified timeframe, especially after capacity and servicing allocation has been confirmed by the City. This strategy mirrors the existing draft plan of subdivisions/condominiums approvals and the City's current site plan agreement process, which set specific timelines to address conditions or proceed to construction. For instance, there is a three-year window to register subdivision/condominium agreements and a two-year sunset clause on site plan agreements. The proposed sunset clause is contemplated by staff under Section 34 (16.1) and (16.2) of the Planning Act as well as through Part 4, Section 4.6.1 and 4.6.2 of the City’s Official Plan. The City’s Official Plan states: 4.6.1 In accordance with Section 34 of the Planning Act, Council may, through a zoning amendment, impose one or more conditions on the use, erection or location of lands and/or buildings and structures that may be fulfilled subsequent to approval of the amendment and must be fulfilled prior to the issuance of a building permit for development. Conditions that may be imposed through a zoning by-law amendment shall be consistent with prescribed Provincial regulations and may include: a requirement to implement measures identified through the zoning amendment review, the provision of services and infrastructure and the protection of natural resources, built environments, sustainability, energy efficiency, and public health and safety. 4.6.2 Council may require the owner of land subject to a zoning amendment to enter into an agreement to implement, maintain and/or enforce a condition of zoning approval or to provide a time limit for completion of such conditions. The agreement will be registered on title against the lands and will be enforced against the present and subsequent owners. Page 5 of 16 Page 57 of 769 Staff believe the sunset clause or conditional zoning constitutes sound land use planning, as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those ready to develop. Although the sunset clause is the appropriate mechanism for this condition, planning staff note that the orderly progression of development and the phasing of servicing in accordance with the necessary approvals are also recognized as part of good land use planning under the Holding provisions policies of the Official Plan. Particularly these are listed in Part 4, Section 4.2.1.1 and 4.2.1.2 listed below: 4.2.1.1To encourage orderly development of lands in the municipality in situations where other lands in the same zone category should be developed first. 4.2.1.2 To phase development in accordance with the necessary approvals and the orderly progression of sanitary sewers and waterlines. Given the above policy thresholds, staff recommend that a sunset clause be included as part of the subject site-specific zoning by-law amendment. This sunset clause will expire 3 years from the date of approval if a site plan agreement is not executed or draft plan of subdivision/condominium approval is not received. However, in order to offer flexibility to the development community in case of unforeseen circumstances, staff are suggesting that approval could be extended for up to one year by the General Manager of Planning and Development, if the Developer is actively working towards site plan approval as approval subdivision/condominium of and draft or registration plan evidenced by, including but not limited to, the submission of engineering drawings for City review or through written explanation on why the extension is required. 4. Zoning By-law The applicant has requested the current site specific R4-449 and R4-1050 zone be repealed and replaced with a new site specific R4 zone to permit the proposed development. The departures requested from the standard R4 regulations are summarized in the table below in addition to the existing site specific regulations. ZONE REGULATIO N R4 REGULATIO N CURRENT SITE SPECIFIC R4 REGULATIO N REQUESTED SITE SPECIFIC R4 REGULATIO N STAFF RECOMMENDATIO N (DETAILS TO FOLLOW) Minimum lot area 250 sq.m./ dwelling unit (apartment or 282 sq.m./ dwelling unit 140 sq.m./ dwelling unit Support Page 6 of 16 Page 58 of 769 ZONE REGULATIO N R4 REGULATIO N CURRENT SITE SPECIFIC R4 REGULATIO N REQUESTED SITE SPECIFIC R4 REGULATIO N STAFF RECOMMENDATIO N (DETAILS TO FOLLOW) stacked townhouse dwelling unit) Minimum lot frontage 30 m 7.5 m 7.5 m Support Minimum interior side yard 9.9 m (half the height of the building) N/A 3.0 m Support Minimum exterior side yard width 7.5m + 13.1m from the centreline of Mountain Rd 15 m 6.0 m Support with modifications Maximum height of building or structure 10 m 23.5 m 23.5 m Support with modifications The requested zoning regulations are appropriate as follows:  The reduced minimum lot area per dwelling unit can be supported as the required regulations for lot coverage, landscaped open space, and amenity space will be met. In addition, the proposed setbacks are appropriate for the proposal;  The decreased minimum lot frontage for St. Paul Avenue can be supported as there is adequate frontage present along Mountain Road; and,  Interior side yard setbacks are intended to provide adequate distances between buildings. As no buildings are located within the hydro corridor located to the south, negative impacts are not anticipated for the requested reduced interior side yard setback. Staff recommend the amending bylaw include the following:  A rear yard setback of 25 m is recommended to secure the proposed setback from the property to the west, maintain a rear yard setback greater than the proposed height, and to provide some flexibility in the placement of the building at time of construction;  A reduced exterior side yard can be supported provided the requested setback maintains the required 13.1 m setback from the centreline of Mountain Road. As such, Staff recommend a minimum exterior side yard setback of 4.9 m + 13.1 m Page 7 of 16 Page 59 of 769 to the centreline of Mountain Road be approved to ensure the protected setback outlined in the City’s Official Plan and Zoning By-law is maintained and the proposed setback is maintained; and,  A maximum height of 21 m or 5 storeys, whichever is lesser, is recommended to secure the proposed height as depicted in the elevations. The above noted regulations, as well as the sunset clause, have been included in the draft amending by-law on tonight's agenda. Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposed development will generate development charge contributions, cash-in- lieu of parkland dedication, and property tax revenue for the City. Strategic/Departmental Alignment The proposal contributes to Council’s Financial Sustainability Strategic Priority by redeveloping lands on existing services to promote fiscal practices. List of Attachments Schedule 1 - Location Map Schedule 2 - Conceptual Site Plan Schedule 3 - Elevations Appendix A - Proposed By-law Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Mar 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 8 of 16 Page 60 of 769 SCHEDULE 1 (Location Map) N Page 9 of 16 Page 61 of 769 SCHEDULE 2 (Conceptual Site Plan) Page 10 of 16 Page 62 of 769 SCHEDULE 3 (Elevations) West Elevation North Elevation Page 11 of 16 Page 63 of 769 SCHEDULE 3 (Elevations) East Elevation South Elevation Page 12 of 16 Page 64 of 769 CITY OF NIAGARA FALLS By-law No. 2024-027 A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey apartment dwelling with 71 dwelling units, and to repeal By-law No. 1998-183 and 2017- 102, subject to a 3 year sunset clause (AM-2023-027). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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 the uses permitted in the R4 zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area: (i) For an apartment dwelling or stacked townhouse dwelling 140 square metres for each dwelling unit (b) Minimum lot frontage: (i) For an apartment dwelling or stacked townhouse dwelling 7.5 metres (c) Minimum rear yard depth: (i) For an apartment dwelling or stacked townhouse dwelling 25 metres Page 13 of 16 Page 65 of 769 2 (d) Minimum interior side yard: (i) For an apartment dwelling or stacked townhouse dwelling 3.0 metres (e) Minimum exterior side yard width: (i) For an apartment dwelling or stacked townhouse dwelling 4.9 metres + 13.1 metres to the centreline of Mountain Road (f) Maximum height of building or structure 21 metres or 5 storeys, whichever is lesser, subject to Section 4.7 of By-law 79-200 (g) The balance of regulations specified for a R4 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. That By-law Nos. 1998-183 and 2017-102 are hereby repealed. 10. The provisions of this by-law shall be shown on Sheet C2 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R4 and numbered 449 and from R4 and numbered 1050 to R4 and numbered 1238. 11. Should the owner of the Lands not execute a site plan agreement within 3 years of the passing of this Bylaw, then the zoning of the lands zoned as R4-1238 Zone shall be of no force and effect, By-law Nos. 1998-183 and 2017-102 will be reinstated, and the zoning of the Lands will revert back to the R4-449 and R4- 1050 Zone. 12. Notwithstanding clause 11 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1238 Refer to By-law No. 2024-027. Read a First, Second and Third time; passed, signed and sealed in open Council this 19th day of March, 2024. Page 14 of 16 Page 66 of 769 3 ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 15 of 16 Page 67 of 769 027 1238 Page 16 of 16 Page 68 of 769 Southwest Corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent:Upper Canada Consultants (William Heikoop) Proposal:To permit a 5 storey building with 71 apartment dwelling units Zoning By-law Amendment Application AM-2023-027 Page 69 of 769 A GREAT CITY…FOR GENERATIONS TO COME Location SUBJECT LANDS Hydro Corridor Detached Dwellings Detached Dwellings 10 storey Apartment Building Permissions St. Patrick AvenueGolf Course ECA Significant Woodlands Farmer’s Market Page 70 of 769 A GREAT CITY…FOR GENERATIONS TO COME Background •The applicant has submitted a Zoning By-law Amendment (ZBA) for 1.0ha (2.5 acres) of land to permit a 5-storey building with 71 apartment dwelling units. •The land is zoned a site specific Residential Low Density, Grouped Multiple Dwelling Zone (R4-449, 1050) under Zoning By-law 79-200, which permits a 6 storey, 36-unit apartment building. •The application requests the lands be rezoned to a new site-specific R4 zone to permit the proposed 5 storey apartment building. Page 71 of 769 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 72 of 769 A GREAT CITY…FOR GENERATIONS TO COME Perspectives Towards St. Paul Ave Towards QEW Page 73 of 769 A GREAT CITY…FOR GENERATIONS TO COME Elevations East Elevation West Elevation Page 74 of 769 A GREAT CITY…FOR GENERATIONS TO COME Elevations South Elevation North Elevation Page 75 of 769 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning –R4-XX Requested Min. Lot Area: 140 sq.m. Required Min. Lot Area: 200 sq.m. Requested Min. Lot Frontage: 7.5m Required Min. Lot Frontage: 30mRequested Min. Interior Side Yard: 3.0m Required Min. Interior Side Yard: 9.5m Requested Min. Exterior Side Yard: 6.0m Required Min. Exterior Side Yard: 7.5m Staff Recommend: 4.9m + 13.1m to the centerline of Mountain Road Requested Max. Height: 23.5m Required Max. Height: 10m Staff Recommend: 21m or 5 storeys, whichever is lesser Required Min. Rear Yard Depth: 10m Staff Recommend: 25m Page 76 of 769 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •An Open House was held on January 9th, 2024. The following concerns have been received to date: Concern Staff Response Construction noise and vibrations Noise will be regulated by the City’s Noise By-law. The proposal is on the western portion of the site, where there is less fill, to minimize the need for compounding. A pre-condition survey will be conducted prior to construction and vibration monitoring will occur during the project. Sightlines The Region’s transportation staff reviewed the submitted sightline study and had no concerns. Potential Vacation Rental Units Vacation Rental Units are not permitted on the subject lands under the current or proposed regulations.Page 77 of 769 A GREAT CITY…FOR GENERATIONS TO COME Recommendations That Council approve the requested Zoning By-law amendment to permit a 5 storey, 71 unit apartment building, subject to the regulations outlined in this report and a 3 year sunset clause. Page 78 of 769 VISTA GREEN MOUNTAIN ROAD AT ST. PAUL AVENUE NIAGARA FALLS ZONING BY-LAW AMENDMENT William Heikoop, B.U.R.Pl., MCIP, RPP Planning Manager Upper Canada Consultants Page 79 of 769 Site Context Existing Residential Development Hydro Corridor Vacant 1.016 hectare parcel In the Urban Boundary – delineated Built-up Area ‘Residential 4 Site-Specific Zone (R4-449-1050)’ Zone Abuts residential uses to the north and west Lands to the east are agricultural and to the south is a Hydro Corridor Subject Lands Page 80 of 769 5-storey residential building containing 71 residential apartment dwelling units. Proposed Residential Apartment On-site Parking: 102 Spaces •26 underground •76 surface Mix of 1 and 2 bedroom units Page 81 of 769 Zoning By-law Amendment R4-449- 1050 Zone New R4 – XX ZonePage 82 of 769 Elevations and Massing Location •North south orientation on west side of the property Massing •North end of building steps down along Mountain Road to 4-storeys •5th storey setback 9.4 m from main building wall Height •19.8 metres (current zoning permits 6-storeys or 23.5 m)Mountain Road facing south St. Paul Avenue facing west Page 83 of 769 Viewplane Analysis St. Paul Avenue looking west down Mountain Road Mountain Road looking east towards St. Paul Avenue Page 84 of 769 Angular Plane Analysis West adjacent property line facing east North adjacent property line facing southPage 85 of 769 Other Supporting Studies Geotechnical Investigation including Vibration Assessment Functional Servicing and Stormwater Management Report Noise Feasibility Study Sight Line Assessment Pedestrian Level Wind Study Page 86 of 769 Summary Application for a Zoning By-law Amendment to permit the proposed 5- storey, 71-unit residential apartment building Thank you. Questions?Page 87 of 769 Re: Mountain Road (File: AM-2023-027) As a resident in the immediate area of the above development we received a notice of the development and have been asked to raise any concerns we might have. Noise: Of course noise is a concern, for immediate residents, especially that generated by a construction project of this scale. What is the estimated time for the construction to be completed? What, if any, steps will be taken to reduce the noise of construction? The study provided focuses on traffic noise in the area and concludes the current (2019) noise levels are in excess of the Ministry of the Environment, Conservation and Parks (MECP) guidelines. Will there be an additional noise study to examine the levels of noise in 2024? Will further noise studies take place on weekends when motorcycle traffic and improperly modied vehicles use Mountain Rd. and St. Paul Ave? The 2019 noise study determined that, under the MECP guidelines, residents in the area of Mountain Rd. and St. Paul Ave., reside in a excessively noisy area. Of course traffic has increased in this area over ve years making it even more noisy. The proposed construction project will introduce large construction vehicles to the area (dump trucks, bull dozers, cranes, etc., etc.). When the project is completed approximately two hundred additional vehicles, from the complex will be introduced to the area along with transit buses and other service vehicles. We believe steps should be taken to mitigate the noise for existing residents. At a minimum a sound barrier should be installed prior to construction commencing. I will not go on about the deleterious effects of excessive noise on personal health but it is signicant. Vibrations: The residents on Walker Court have experienced, in the recent past, the vibrations caused by construction on the failed development adjacent to Page 88 of 769 the Eagle’s Nest Golf Course (ENGC-North East corner of Mountain and St. Paul). In this case wall hangings and dishes were lost to the vibration experienced in some residences. If the construction company chooses to have a resident prove the damage was caused by vibrations how is that done? In a worst case scenario how would a foundation crack be determined to have been caused by construction vibration. In the study there is a precondition survey of existing structures. How is that to be completed? How long before any construction begins will the study take place? There is also a comment pertaining to vibration monitoring. How is that done? Our previous experience had small devices attached to residence structures by the then construction company and monitored by the same folks. Was there a vested interest in nding the company was within the existing guidelines? Will the monitoring in this case be done by a company separate and apart from the construction company? Sight Lines: The traffic study done to see if residents of the new complex could safely exit from their shared driveway found that under the assumed conditions a safe exit was entirely possible. The assumed condition being all vehicles were obeying the speed limit of fty kilometres per hour. Was there a speed study conducted at the same time and if so what were the results? If there was not a speed study will one be conducted both on weekdays including rush hour and weekends? Without knowing the actual speed of vehicles using Mountain Rd., how can one know if the sight lines are adequate? The stopping distance of various types of vehicles at fty km/hr., on various road surfaces (dry, wet, ice, etc.) does not appear to be a factor in the calculations presented. Further, the right hand turn lane from St. Paul south bound to Mountain Rd. westbound means a vehicle making this turn is almost hidden from a vehicle turning left out of the shared drive way to Mountain Rd., westbound. If speed is excessive for the turning vehicle from St. Paul the driver exiting from the condo is in a position of jeopardy. Page 89 of 769 Trash; As of this writing (31/12/23), on the site in question, there remains a former sign for the failed development that was sawed down and left, at least two years ago. On the opposite corner (NE adjacent to ENGC) lies the remains of the sign for that failed development. On the slope on the North East corner are several large sheets of plastic. I suspect the original purpose of these sheets was to reduce erosion of the slope. The weather in the area has long since damaged these sheets of plastic and now they are just an eyesore. In addition the homes on Walker Court backing onto Mountain Rd., have had construction materials, from other sites, (insulation, large plastic sheets, pylons, etc.) blown onto their property. Which, for the most part, have been dealt with by the residents. Will the City be demanding a deposit from the developer to cover the expenses incurred to clean up Trash? Infrastructure Changes: This development in combination with the proposed development adjacent to the ENGC are necessitating signicant infrastructure changes (roads, sewers, water supply, etc.). Are the developers responsible for the costs for these changes? Short Term Rentals Are short term rentals allowed as per the purchase agreement entered into between the developer and the residents of the condominium? Given the history of some renters of short term rentals there are concerns pertaining to noise, damage to the condominium, adjacent properties, and traffic issues. These issues are often dealt with by a clause making the short term longer than a weekend, say in the neighbourhood of three to six months. We suggest such a clause be included in the purchase agreement. Page 90 of 769 Page 91 of 769 Page 92 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 PBD-2024-04 (Presentation from agent added) AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Dear Council and OLT (if the need arises); As per the Planning Act Participation in public meeting (14.2); Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6); These are my written representations. I have reviewed the information presented on the agenda of March 19, 2024 and recommend council approve the ZBA as per staffs recommendations with the following concern(s). The proposal does not provided acceptable provisions and assurances for affordable housing. I further include the following documents for council and OLT (if the need arises) to consider when making their decision. Should Council not understand the significance of the following information in relations to the proposed amendment they are free to inquire. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 93 of 769 2 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-01 Monday, March 18, 2024 Niagara Falls Housing progress Dear Council, and residents of Niagara Falls, A recent news article (TV) indicated that Niagara Falls Failed to meet its housing quota this year. About the housing tracker Ontario has set a goal of building at least 1.5 million homes by 2031 and has assigned the province’s 50 largest municipalities with housing targets to help meet this goal. The province is encouraging municipalities to meet their targets through the creation of the $1.2 billion Building Faster Fund, which rewards municipalities that reach at least 80% of their annual target with funding, with bonus funding for municipalities that exceed their targets. This council is responsible for failing to meet this quota and subsequently has lost and is on track to continuously lose the residents of Niagara Falls millions of dollars in provincial grant money by doing so. This is a program that has an end, if this Council does not reach those goals the city is cut off from millions of dollars from the province. I request this Council do something in their power to make sure we reach those goals. Direct staff to bring a report back, put clauses into ZBA and OPA, do something other than sitting around doing nothing. You are costing me and others increased taxes and service fees because you are failing to do your jobs. Page 94 of 769 3 You have a CAO pleading his heart out trying to scrounge up $240K from the Fire Department to direct towards other services, and yet you're allowing millions of dollars to fly out the door. St. Catharine just got 10X that amount! Our neighborhood municipalities have gotten their act together, what's your problem? The council's lack of effort is disgraceful, if I was on that council I would be all over finding a solution to this. Instead of spending time in the next council meeting congratulating council Strange, let me save you some council time. Congratulations councilor Strange, wonderful lifetime achievement, we are all really proud of what you have done for our community, keep up the good work. And I am sincere about that, despite my being council's critic. Now please spend time figuring out a solution to this issue. Act like business persons and treat this city like a business. As a successful business person of 30+ years it truly pains me to see this council acting the way they do. Page 95 of 769 4 Running this city is not some show and tell game, it is serious work, do your self promoting elsewhere. Act like leaders and just jailbreak the thing. (from the Riddick movies). You can pawn-off the blame to someone or something else, but if someone really wants something bad enough, they will find a way to get it. Other local municipalities have done it. It appears this council doesn't care enough. The residents of Niagara Falls will know of this council's failures when it matters. It will not be allowed to be forgotten. Updated reports will be provided on the status of this council's failure to meet this quota. Several are below. Page 96 of 769 5 As of 3/11/2024 the Ontario Newsroom website has just released this announcement. https://news.ontario.ca/en/release/1004287/ontario-rewards-st-catharines-with-more-than- 23-million-for-making-progress-toward-2023-housing- targets?utm_source=Greater%20Niagara%20Chamber%20of%20Commerce%20Subscri bers&utm_campaign=5bdb22b149-DAILY-UPDATE-JANUARY- 3_COPY_01&utm_medium=email&utm_term=0_a9d7633c2c-5bdb22b149- 111624306&mc_cid=5bdb22b149&mc_eid=5cd4da0dc1 News Release Ontario Rewards St. Catharines with More Than $2.3 Million for Making Progress Toward 2023 Housing Targets Page 97 of 769 6 Page 98 of 769 7 Page 99 of 769 8 Page 100 of 769 9 Page 101 of 769 10 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Secret Cabinet Report University of Niagara Falls Student Housing Dear Cabinet Members, The preliminary investigation into the accusations that the University of Niagara Falls is not providing adequate housing support for its students has been completed. Background; An informant familiar with the housing placement process of post graduate facilities informed a member of the cabinet of certain concerns regarding that the University of Niagara Falls was not providing such services, subsequently an investigation into the matter was initiated. The following is the result of that investigation. The informant, whose identity shall remain anonymous, presented hearsay evidence which suggests it may be a common practice for such facilities to engage “headhunters” to recruit perspective students. In some cases, the families would liquidate their life savings to provide their child with such opportunities. It was suggested several incentives were forwarded to encourage such behavior, these were a hope of a better lifestyle, possibly residency and assistance upon arrival to Canada by their education provider. These matters are beyond the scope of this investigation but do draw attention to the concern that these facilitators may be pressured by these post graduate facilities into providing false information as to the services that will be available upon arrival in Canada. Page 102 of 769 11 What does fall within the scope of this investigation is the actual service the University of Niagara Falls does provide. Both an online and in-person investigation has demonstrated a concerning lack of available services. The in-person investigation involved walking into the main floor office of the University of Niagara Falls located on Queen St. Niagara Falls and requesting what services the University provided for landlords to connect with perspective student tenants. An employee, who was observed to be unearthly skilled at smiling and having a cheery disposition, provided a notepad to which contact information could be provided and sometime later the applicant would be contacted. Several days later the following email was received. It was responded to by the following email. Page 103 of 769 12 No reply was returned. Further investigation indicates 4stay is merely a typical rental portal, no different than Airbnb, Marketplace or the Kijiji websites. It has been concluded that the 4stay method of student housing placement is universal and does not constitute a housing placement program supplied by the University of Niagara Falls. The online investigation involved searching the University of Niagara Falls website itself. Page 104 of 769 13 It was determined that the University of Niagara Falls does not provide a housing placement program but merely links to third party providers. 4stay was one such “approved” provider, as was SpacesShared and Homestay. A student application was completed for SpacesShared with the result being that no services were available. The account screenshot is below. As for Homestay, the application process was so daunting that the process could not be completed. Furthermore, their “rules” appear to be discriminatory and a violation of the Charter of Right as indicated below. In conclusion, it is the determination of this investigation that the University of Niagara Falls does not provide a student placement program. In essence they have “pawned off” such a responsibility by providing links to services whose ability to provide such services is suspect. Page 105 of 769 14 Although not part of the investigation, it is worth mentioning the University of Niagara Falls is known to receive endorsement and support from the City of Niagara Falls and the Niagara Falls Ryerson Innovation Hub, amongst others. During a past budget council meeting, the Niagara Falls Opposition Shadow Cabinet alerted the council that they were approving services funded by the city to the University of Niagara Falls, an organization alleged to not be providing a student housing service. The “advice” appears to have been disregarded and leaves suspect councils' ability to investigate concerns brought before them. It is recommended that this report be made public and forwarded to the Authorities Having Jurisdiction with a request to pursue a more detailed investigation. Page 106 of 769 15 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 City of Niagara Falls Affordable Housing updated Report 488 Days 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, 488 days Council Members, 488 failures ... Page 107 of 769 16 Page 108 of 769 17 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Mayor Diodati comments concerning Development Downtown updated Report 807 Days Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "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." [3] "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." [4] 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. [5] 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. [6] It has been 807 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 109 of 769 18 Page 110 of 769 19 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-02 Monday, March 18, 2024 Code of Conduct - Procedural Policy change request Dear Council, and residents of Niagara Falls, It has for some time now been a concern of mine that the Mayor and in some cases councilors and staff discuss personal matters relating to staff and others during council meeting. Notwithstanding that this appears hypocritical to the city's policy that members of the public cannot discuss staff relations, it also reveals personal information to the entire world. The meetings are published. This council is revealing not only staff's birthdays, death of relatives, etc. but that of other public members also. In this society where people prey on others, do you not realize that it is not appropriate to provide this type of personal information? Furthermore, I, for one, do not appreciate the Mayor discussing the topic of dead people during council meetings and I would certainly suspect others do too. He ought to, and needs to know, that this is not welcomed. City council meeting are not obituaries announcements, that's what newspapers are for. It is not the council's mandate to discuss matters that are not related to council matters. Discussing dead people is not a council matter. As well, the costs of discussing such matters can be unforeseen. Page 111 of 769 20 Take councilor Campbell discussing personal matters about the former BIA director during a council meeting. I understand you can't elaborate on the matters, but the fact is, it didn't create a positive environment for the city, council, or the director. This council has total disregard for other's personal privacy. If just one person is subjected to harassment because of your actions, it will be one to many. Councilor Strange was of the option that seconds could make a difference during a fire dispatch call, although self-admitting his is not an expert on the matter, council still agreed with him. I am not an expert on whether revealing personal staff data to the public can compromise their safety or possessions, but not revealing such information could make the difference between someone being harassed or not. It is foolish to think that it could not happen. This council should agree with me. You read stories all the time when scammers harasses the loved one of the recently deceased. I request this council discontinue publishing any personal details of anyone during council meetings. I request this council ask the integrity commissioner if they can be held liable for doing so and report this information back during a council meeting. I have already asked the IC if I can ask such questions and the answer was only council can ask. It would be an expensive question for all parties if someone other than council decided to question it through the Code of Conduct process. I appreciate the Mayor's good intentions, but quite frankly, he is broadcasting persons public information. He is also not promoting the policy that staff relations are not to be discussed during council meetings. I request this council amends the latter policies to direct that no personal information (or specific personal information as the case may be) shall be presented during council meetings by the Mayor, council or staff members. Doing so, or allowing it to be done, (in the case of a staff member) constitutes a violation of the Code. Page 112 of 769 21 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 113 of 769 PBD-2024-06 Report Report to: Mayor and Council Date: March 19, 2024 Title: AM-2022-020 Zoning By-law Amendment Lot 186 and 7640 Kalar Road Applicant: 12778611 Canada Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Jesse Auspitz) Recommendation(s) 1. That Council approve the Zoning By-law amendment to rezone the property to a site specific Residential Apartment 5C (R5C) and Environmental Protection Area (EPA) zone to redevelop the lands with 84 back-to-back townhouse dwellings and 29 block townhouse dwellings and protect the natural heritage features, subject to the regulations outlined in this report; and, 2. That the amending zoning by-law include a sunset clause to require the execution of a site plan agreement on title or draft plan approval within 3 years of the passing of the zoning by-law. Executive Summary 12778611 Canada Inc. applied for a Zoning By-law amendment to permit the development of 84 back-to-back townhouse dwellings and 29 block townhouse dwellings and to protect the natural heritage features. The amendment is recommended, subject to a Holding (H) provision, as detailed in this report, for the following reasons:  The proposed development complies with Provincial, Regional, and City policies as it intensifies land within the Built-Up Area, will assist the City in meeting its intensification targets, will provide additional housing choices for residents, and protect natural heritage features;  The requested and modified zoning regulations are appropriate to regulate the proposed use and ensure the proposed development will be compatible with surrounding properties and protect natural features; and,  A sunset clause will be included in the amending zoning by-law to require the applicant receive draft plan approval or the execution of a site plan agreement within 3 years of the approval of the zoning by-law amendment, if approved. Page 1 of 17 Page 114 of 769 Background Proposal 12778611 Canada Inc. has requested a Zoning By-law amendment for 4.7 hectares (11.6 acres) of land known as Lot 186 and 7640 Kalar Road as shown on Schedule 1. The subject land is currently zoned Light Industrial (LI) under By-law 79-200, as amended. The proposed Zoning By-law Amendment requests the land be rezoned to a site specific Residential Apartment 5C (R5C) and Environmental Protection Area (EPA) zone to permit the development of 84 back-to-back townhouse dwellings and 29 block townhouse dwellings and protect the natural heritage feature. Original vs. Revised Proposal The original proposal presented at the February 6, 2023, Open House showed 91 dwelling back-to-back 84 and townhouse dwellings 7 of consisting units block townhouse dwellings (see Schedule 2). This proposal required an Official Plan amendment to permit the proposed maximum density of 94 units per hectare. Based on a revised EIS, the developable area increased from 0.9ha to 1.5ha, and a revised site plan was submitted by the applicant. The revised site plan proposes 113 dwelling units, consisting of 29 block townhouses and 84 back-to-back townhouses (see Schedule 3). Due to the increased developable area, an Official Plan amendment is not required, as the proposed density is now 74 units per hectare. Site Conditions and Surrounding Land Uses The subject lands are occupied by a detached dwelling at 7640 Kalar Road, and Provincially Significant Wetlands and a Significant Woodlot on the eastern portion. The detached dwelling will be removed to facilitate the development and the limits of the Provincially be and maintained will Wetland Significant and Significant Woodlot protected. There is an application for a draft plan of subdivision to the north, on land which is currently vacant; the Warren Creek Trail, townhouse and detached dwellings are located to the west; an Ontario Power Generation corridor and detached houses are located to the south; and a treed lot is located to the east. Circulation Comments  Building Services, Enbridge o No objections to the proposed amendment.  Fire Services o No concerns regarding the zoning by-law amendment o At time of detailed review, the developer will need to ensure adequate fire access is provided to Blocks ‘G,’ ‘K,’ and ‘J.’ The turning radii of any Page 2 of 17 Page 115 of 769 portions of the fire access route must be no less than a 12 metre centreline radii.  Landscape Services o Cash-in-lieu of parkland dedication shall be provided at the prescribed rate of 5% for residential use. Payment can be made at the Vacant Land Condominium stage. o A 1.8m high wood privacy fence will be required where development abuts adjacent uses. o Street trees will be required and secured through a future Vacant Land of Condominium, if approved, within the Kalar Road frontage, using City approved species and size, at 10m on center spacing.  Municipal Works o No concerns regarding the rezoning application and the received third- party sanitary infrastructure modeling assessment.  Niagara Peninsula Conservation Authority o Staff are supportive of the Zoning By-law amendment at a high level. o Detailed items will need to be addressed through a future Vacant Land of Condominium application, if approved. o A Buffer Enhancement Planting Plan shall be reviewed by the NPCA through a future development application.  Regional Municipality of Niagara o No objections, subject to the natural features being rezoned Environmental Protection Area as reflected in the EIS Addendum. o Regional Staff will recommend conditions of approval at time of a future Draft Plan of Condominium, if approved, to:  ensure mitigation measures and recommendations for enhancement/restoration outlined in the EIS and Addendum are implemented;  have the applicant provide a letter of reliance for the completed Environmental Site Assessment work;  ensure the appropriate standard warning clauses are implemented relative to potential adverse impacts from nearby commercial/industrial uses;  ensure the appropriate archaeological warning clause is implemented should any resources be encountered during construction; and,  ensure stormwater proposed to discharge to the wetlands is controlled through appropriate measures and an enhanced water quality treatment is provided.  Transportation Services o No objections, Transportation Services can support the requested 1.25 parking rate as the development is located on a transit route. Page 3 of 17 Page 116 of 769 Neighbourhood Comments A remote neighbourhood open house was held on February 6, 2023 to discuss the original proposal and was attended by 1 member of the public. There were no comments or questions from the public, and no written comments have been received to date. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act by protecting natural areas;  The proposed development is transit supportive and minimizes land consumption and servicing costs;  The subject land is within the area of influence for Niagara Peninsula Energy Inc. but is in compliance with the minimum recommended separation distance of 70 metres for a Class II use under the D-6 Guidelines;  The proposed development boundary will provide no negative impacts on the natural features or their ecological functions. At time of a future draft plan of condominium, conditions will be included to ensure mitigation measures are secured, recommendations for enhancement/restoration are implemented, and stormwater discharged into the regulated features is controlled through appropriate measures; and,  The creation of 113 dwelling units within the Built-up Area will contribute to the City’s annual residential intensification rate and diversify the housing type available to residents. 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) and Greenfield Area in the Regional Official Plan. The proposed development conforms as follows:  The proposed development is compact, contributes to the diversification of the housing supply, is transit supportive, provides a density of 198 people and jobs per hectare in the Greenfield Area, and will result in intensification of the Built-up Area; and,  The subject land is impacted by the Region’s Core Natural Heritage System, containing a Provincially Significant Wetland and Significant Woodland. The proposed vegetation buffer will adequately protect the natural features and Page 4 of 17 Page 117 of 769 provide no negative impacts, subject to the recommended mitigation measures, the review and implementation of a buffer enhancement plan, and stormwater discharged into the regulated features is controlled through appropriate measures. This will be secured as draft plan conditions during a future draft plan of condominium application process, if approved. 3. Official Plan The subject lands are designated Residential, Medium Density, in part, and Environmental Protection Area, in part, in the Garner South Secondary Plan and Residential, in part, and Environmental Protection Area, in part, in the City’s Official Plan. The proposal complies with the intent of the Official Plan as follows:  The proposed density of 74 units per hectare is permitted;  The proposed townhouse dwellings are a permitted use;  The built form is within the maximum permitted 4 storey height limit in the Garner South Secondary Plan;  Fenestration and architectural details such as windows will be provided to integrate with the streetscape and provide eyes-on-the-street (see Schedule 4 for detail);  No development is proposed within the vegetation buffer, the Provincially Significant Wetland, or the Significant Woodlot, which will be protected for the long-term through the implementing zoning by-law amendment;  The submitted Environmental Impact Study and Addendum EIS have been reviewed and accepted by the Niagara Region and Niagara Peninsula Conservation Authority;  To accommodate the proposal, there are trees to be removed. Staff will include a draft plan condition during a future draft plan of condominium application that any trees in fair or better health with a diameter at breast height of 10cm to be replaced at a rate of 2 trees for every 1 removed. The City will seek compensation for any trees that are unable to be accommodated on site;  No upgrades to services or transportation infrastructure are required to accommodate the development;  The subject property is within the area of influence for Niagara Peninsula Energy Inc. (300m) but outside of the recommended separation distance (70m). The subject land and NPEI have a separation distance of approximately 240 metres;  A Phase 1 and 2 Environmental Site Assessment was conducted, where it was concluded the soil samples met Ministry of Environment, Conservation and Parks Site Condition Standards for a Residential Land Use and no further assessment work is required;  This application was submitted and deemed complete prior to the Housing Policies coming into effect in January 2023 and is to be evaluated based on policies in effect at that time. Staff requested that the agent provide a price break Page 5 of 17 Page 118 of 769 down of the proposed units. The agent clarified no units contained within the development concept are proposed as affordable and all the units will be sold at market rate; and,  That a sunset clause will be included in the amending zoning by-law to require approval of a draft plan or the execution of a site plan agreement within 3 years of the passing of the amending by-law, if approved. This will help ensure housing will be brought online in a timely manner. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government as well as for the City of Niagara Falls. Ensuring that housing is delivered in line with the existing and planned services required to support it requires that services which can support housing are not held up in developments that do not proceed in a timely manner. To ensure the cost of housing does not increase because of services that may be available but are unused, it is important for the City of Niagara Falls to take action to make sure those developers committed to build over the next 3 years are considered as part of the City’s servicing plans. These projects help advance many of the key objectives of the Province and City of delivering timely housing in a cost- effective manner. The City has been working on a servicing master plan and is working to factor in the developments that have been approved as well as has considered those areas that are slated for development such as the secondary plan areas. This plan will undergo review every five years. Hence, it is imperative for the City to ensure developers proposing projects intend to enter into agreements within the next three years, aligning with servicing plans and mitigating the necessity for expensive infrastructure expansion. To achieve this objective, the City is proposing a three-year sunset clause with the ability to extend for an additional year at the discretion of the General Manager of Planning Building and Development. This measure aims to ensure that developments execute site plan agreements or receive draft plan of condominium/subdivision approval within this specified timeframe, especially after capacity and servicing allocation has been confirmed by the City. This strategy mirrors the existing draft plan of subdivisions/condominiums approvals and the City's current site plan agreement process, which set specific timelines to address conditions or proceed to construction. For instance, there is a three-year window to register subdivision/condominium agreements and a two-year sunset clause on site plan agreements. The proposed sunset clause is contemplated by staff under Section 34 (16.1) and (16.2) of the Planning Act as well as through Part 4, Section 4.6.1 and 4.6.2 of the City’s Official Plan. The City’s Official Plan states: Page 6 of 17 Page 119 of 769 4.6.1 In accordance with Section 34 of the Planning Act, Council may, through a zoning amendment, impose one or more conditions on the use, erection or location of lands and/or buildings and structures that may be fulfilled subsequent to approval of the amendment and must be fulfilled prior to the issuance of a building permit for development. Conditions that may be imposed through a zoning by-law amendment shall be consistent with prescribed Provincial regulations and may include: a requirement to implement measures identified through the zoning amendment review, the provision of services and infrastructure and the protection of natural resources, built environments, sustainability, energy efficiency, and public health and safety. 4.6.2 Council may require the owner of land subject to a zoning amendment to enter into an agreement to implement, maintain and/or enforce a condition of zoning approval or to provide a time limit for completion of such conditions. The agreement will be registered on title against the lands and will be enforced against the present and subsequent owners. Staff believe the sunset clause or conditional zoning constitutes sound land use planning, as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those ready to develop. Although the sunset clause is the appropriate mechanism for this condition, planning staff note that the orderly progression of development and the phasing of servicing in accordance with the necessary approvals are also recognized as part of good land use planning under the Holding provisions policies of the Official Plan. Particularly these are listed in Part 4, Section 4.2.1.1 and 4.2.1.2 listed below: 4.2.1.1 To encourage orderly development of lands in the municipality in situations where other lands in the same zone category should be developed first. 4.2.1.2 To phase development in accordance with the necessary approvals and the orderly progression of sanitary sewers and waterlines. Given the above policy thresholds, staff recommend that a sunset clause be included as part of the subject site-specific zoning by-law amendment. This sunset clause will expire 3 years from the date of approval if a site plan agreement is not executed or draft plan of subdivision/condominium approval is not received. However, in order to offer flexibility to the development community in case of unforeseen circumstances, staff are suggesting that approval could be extended for up to one year by the General Manager of Planning and Development, if the Developer is actively working towards site plan approval and registration or draft plan of subdivision/condominium approval as evidenced by, including but not limited to, the submission of engineering drawings for City review or through written explanation on why the extension is required. Page 7 of 17 Page 120 of 769 4. Zoning By-law The applicant is proposing to rezone the land to a site-specific Residential Apartment 5C (R5C) zone and an Environmental Protection Area (EPA) to accommodate the proposal. Staff are supportive of the R5C zone to facilitate the development, and are supportive of the EPA zone to protect the natural heritage features on site. The changes to the standard R5C regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted Uses As per Section 7.12.1, To add: townhouse dwelling containing not more than 8 dwelling units; and, back-to-back townhouse dwelling SUPPORT Minimum front yard depth 7.5 metres 4.6 metres SUPPORT WITH MODIFICATIONS Minimum interior side yard width 6.25 metres 4.7 metres SUPPORT Maximum permitted lot coverage 30% 35% SUPPORT Number of apartment dwellings on one lot Only one More than one SUPPORT Minimum number of parking spaces 1.4 spaces per units 1.25 spaces per unit SUPPORT Maximum building height 19 metres 14.5 metres SUPPORT WITH MODIFICATIONS Minimum landscaped open space 40% 20% SUPPORT WITH MODIFICATIONS Page 8 of 17 Page 121 of 769 The requested regulations can be supported for the following reasons:  The addition of back-to-back townhouse dwelling and townhouse dwelling can be supported as they are a permitted built-form in the Residential, Medium Density designation. The applicant has provided the following definition for back-to-back townhouse dwelling: Back-to-Back Townhouse Dwelling shall mean a dwelling unit within a building containing four or more dwelling units divided by vertical common walls above grade, and a common rear wall;  The reduced front yard setback will provide a consistent streetscape with the development across the road, which has a front yard setback of 3.4 metres, and the exterior side yards of the detached dwellings to the north and south, which have a setback of approximately 3.0 metres. Staff recommend the reduction continues to require the 13 metre setback from the centreline of Kalar Road, outlined in Section 4.27.1 of the Zoning By-law;  The increased lot coverage can be supported as it is a minor departure from the permitted maximum, and facilitates the development of the site as it has constraints with the Provincially Significant Wetland and Significant Woodlot on site;  Staff have no concerns with permitting more than one apartment dwelling on the subject lands;  The proposed parking rate of 1.25 spaces per dwelling unit can be supported as Transportation Services have no issues with the proposed rate, and the subject lands are located on a transit route;  The reduced maximum building height can be supported provided a maximum permitted height is 14.5 metres, or 4 storeys, whichever is lesser, to secure the height proposed; and,  The request to reduce the minimum required landscaped open space can be supported as the majority of the site contains natural features (Provincially Significant Wetland and Significant Woodlot) and is located across from the trail entrance for the Warren Woods Trail. To ensure there is adequate private amenity space for residents, Staff recommend two balconies a minimum of 1.2 metres in depth and 2.4 metres in width be provided for each proposed unit. Financial Implications/Budget Impact The proposed development will generate development charge contributions, cash in lieu of parkland dedication, and property tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment This proposal contributes to Council’s Strategic Priority of Financial Sustainability by redeveloping lands on existing services to promote sustainable fiscal practices. List of Attachments Schedule 1 - Location Map Page 9 of 17 Page 122 of 769 Schedule 2 - Original Site Plan Schedule 3 - Revised Site Plan Schedule 4 - Rendering Appendix A - Draft By-law Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Mar 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 10 of 17 Page 123 of 769 SCHEDULE 1 (Location Map) Kalar Rd Pin Oak Dr Mulberry Dr Elderberry Dr Approximate Area of Development Page 11 of 17 Page 124 of 769 SCHEDULE 2 (Original Site Plan) Page 12 of 17 Page 125 of 769 SCHEDULE 3 (Revised Site Plan) Page 13 of 17 Page 126 of 769 SCHEDULE 4 (Rendering) Page 14 of 17 Page 127 of 769 CITY OF NIAGARA FALLS By-law No. 2024-XXX A by-law to amend By-law No. 79-200, to permit 29 block townhouse dwellings and 84 back-to-back townhouse dwellings on the property, subject to a 3 year sunset clause (AM-2022-020). 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) The uses permitted in a R5C zone (b) Townhouse dwelling containing not more than 8 dwelling units (c) Back-to-back townhouse dwelling 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 3.6 metres, plus any applicable distance specified in section 4.27.1 (b) Minimum interior side yard width 4.7 metres (c) Maximum permitted lot coverage 35% Page 15 of 17 Page 128 of 769 (d) Number of apartment dwellings on one lot More than one (e) Minimum number of parking spaces 1.25 spaces per dwelling unit (f) Maximum building height 14.5 metres, or four storeys, whichever is less (g) Minimum landscaped open space 20% (h) Minimum number of balconies per unit 2 (i) Minimum dimensions for a balcony 1.2 metre width x 2.4 metre depth (j) The balance of regulations specified for a R5C 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 B6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from LI to R5C and numbered XXXX, in part, and EPA, in part. 10. Should the owner of the Lands not execute a site plan agreement within 3 years of the passing of this Bylaw, then the zoning of the lands zoned as R4-1238 Zone shall be of no force and effect, By-law Nos. 1998-183 and 2017-102 will be reinstated, and the zoning of the Lands will revert back to the R4-449 and R4-1050 Zone. 11. Notwithstanding clause 10 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1. XXXX Refer to By-law No. 2024-0XX. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of MONTH, 2024. Page 16 of 17 Page 129 of 769 ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 17 of 17 Page 130 of 769 Lot 186 & 7640 Kalar Road Applicant: 12778611 Canada Inc (Sherard McQueen) Agent:NPG Planning Solutions (Jesse Auspitz) Proposal:To rezone the lands to permit 84 back-to-back townhouse dwellings, 29 block townhouse dwelling, and protect the natural heritage feature Zoning By-law Amendment Application AM-2022-020 Page 131 of 769 A GREAT CITY…FOR GENERATIONS TO COME Niagara Square Subject Lands Warren Creek Location Detached dwellings Vacant land Park Detached dwellings Hydro One Corridor Townhouses Detached dwellings Page 132 of 769 A GREAT CITY…FOR GENERATIONS TO COME Background •The applicant originally submitted an Official Plan (OPA) and a Zoning By-law Amendment (ZBA) to permit 84 back-to-back townhouse dwellings, 7 block townhouses, and protect the natural feature on site. •Since the original submission, further Environmental work has been conducted on site. This resulted in an increased developable area and a revised plan. •The new plan proposes 84 back-to-back townhouse dwellings and 29 block townhouse dwellings. Since the developable area has increased, the density count was reduced and aligns with Official Plan policy. Therefore, an Official Plan amendment is no longer required.Page 133 of 769 A GREAT CITY…FOR GENERATIONS TO COME Background Zoning By-law Amendment (ZBA) •The land is currently zoned Light Industrial (LI) in Zoning By-law 79-200. •The ZBA is requesting to rezone the lands a site specific Residential Apartment 5C (R5C) Density zone, in part, to permit the proposed 113 unit residential development. •The ZBA application is further requesting to rezone the lands an Environmental Protection Area, in part, to protect the Provincially Significant Wetland located on site.Page 134 of 769 A GREAT CITY…FOR GENERATIONS TO COME Original Plan 91 Residential Units 7 Townhouses 84 Back-to-Back Townhouses Page 135 of 769 A GREAT CITY…FOR GENERATIONS TO COME 113 Residential Units 29 Townhouses 84 Back-to-Back Townhouses Revised Plan Page 136 of 769 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning –(R5C-XXX) & EPA Requested Max. Lot Coverage: 35% Required Min. Lot Coverage: 30% Requested Max. Height: 14.5m Required Max. Height: 19m Staff Recommend: 14.5m or 4 storeys, whichever is lesser Requested Min. Parking Spaces: 1.25 spaces/unit Required Min. Parking Spaces: 1.4 spaces/unit To permit: Back-to-back Townhouse dwellings Townhouse Dwellings containing no more than 8 dwelling units Requested Min. Landscaped: 20% Required Min. Lot Coverage: 40% Staff Recommend: 20% + 2 balconies per unit 1.2m x 2.4m EPA ZONE R5C-XXX ZONE Page 137 of 769 A GREAT CITY…FOR GENERATIONS TO COME Requested Min. Front Yard Depth: 4.6m Required Min. Front Yard Depth: 7.5m Staff recommend: 4.6m + 13.26m from the c/l of Kalar Road Requested Min. Interior Side Yard: 4.7m Required Min. Interior Side Yard: 6.25m Requested Max. No. of apartment dwellings on one lot: more than 1 Required Max. No. of Apartment dwellings on one lot: 1 Requested Zoning –(R5C-XXX) & EPA EPA ZONE R5C-XXX ZONE Page 138 of 769 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •An Open House was held on February 6th, 2023 where 1 member of the public attended for information purposes. •No written comments have been received to date.Page 139 of 769 A GREAT CITY…FOR GENERATIONS TO COME Recommendations That Council approve the requested Zoning By- law amendment to permit 84 back-to-back townhouse dwellings, 29 block townhouse dwellings, and to protect the natural feature on the property, subject to the recommendations and regulations outlined in report PBD-2024-004 and a 3 year sunset clause. Page 140 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 PBD-2024-06 AM-2022-020 Zoning By-law Amendment Lot 186 and 7640 Kalar Road Applicant: 12778611 Canada Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Jesse Auspitz) Dear Council and OLT (if the need arises); As per the Planning Act Participation in public meeting (14.2); Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6); These are my written representations. I have reviewed the information presented on the agenda of March 19, 2024 and recommend council approve the ZBA as per staffs recommendations with the following concern(s). The proposal does not provided acceptable provisions and assurances for affordable housing. I further include the following documents for council and OLT (if the need arises) to consider when making their decision. Should Council not understand the significance of the following information in relations to the proposed amendment they are free to inquire. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 141 of 769 2 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-01 Monday, March 18, 2024 Niagara Falls Housing progress Dear Council, and residents of Niagara Falls, A recent news article (TV) indicated that Niagara Falls Failed to meet its housing quota this year. About the housing tracker Ontario has set a goal of building at least 1.5 million homes by 2031 and has assigned the province’s 50 largest municipalities with housing targets to help meet this goal. The province is encouraging municipalities to meet their targets through the creation of the $1.2 billion Building Faster Fund, which rewards municipalities that reach at least 80% of their annual target with funding, with bonus funding for municipalities that exceed their targets. This council is responsible for failing to meet this quota and subsequently has lost and is on track to continuously lose the residents of Niagara Falls millions of dollars in provincial grant money by doing so. This is a program that has an end, if this Council does not reach those goals the city is cut off from millions of dollars from the province. I request this Council do something in their power to make sure we reach those goals. Direct staff to bring a report back, put clauses into ZBA and OPA, do something other than sitting around doing nothing. You are costing me and others increased taxes and service fees because you are failing to do your jobs. Page 142 of 769 3 You have a CAO pleading his heart out trying to scrounge up $240K from the Fire Department to direct towards other services, and yet you're allowing millions of dollars to fly out the door. St. Catharine just got 10X that amount! Our neighborhood municipalities have gotten their act together, what's your problem? The council's lack of effort is disgraceful, if I was on that council I would be all over finding a solution to this. Instead of spending time in the next council meeting congratulating council Strange, let me save you some council time. Congratulations councilor Strange, wonderful lifetime achievement, we are all really proud of what you have done for our community, keep up the good work. And I am sincere about that, despite my being council's critic. Now please spend time figuring out a solution to this issue. Act like business persons and treat this city like a business. As a successful business person of 30+ years it truly pains me to see this council acting the way they do. Page 143 of 769 4 Running this city is not some show and tell game, it is serious work, do your self promoting elsewhere. Act like leaders and just jailbreak the thing. (from the Riddick movies). You can pawn-off the blame to someone or something else, but if someone really wants something bad enough, they will find a way to get it. Other local municipalities have done it. It appears this council doesn't care enough. The residents of Niagara Falls will know of this council's failures when it matters. It will not be allowed to be forgotten. Updated reports will be provided on the status of this council's failure to meet this quota. Several are below. Page 144 of 769 5 As of 3/11/2024 the Ontario Newsroom website has just released this announcement. https://news.ontario.ca/en/release/1004287/ontario-rewards-st-catharines-with-more-than- 23-million-for-making-progress-toward-2023-housing- targets?utm_source=Greater%20Niagara%20Chamber%20of%20Commerce%20Subscri bers&utm_campaign=5bdb22b149-DAILY-UPDATE-JANUARY- 3_COPY_01&utm_medium=email&utm_term=0_a9d7633c2c-5bdb22b149- 111624306&mc_cid=5bdb22b149&mc_eid=5cd4da0dc1 News Release Ontario Rewards St. Catharines with More Than $2.3 Million for Making Progress Toward 2023 Housing Targets Page 145 of 769 6 Page 146 of 769 7 Page 147 of 769 8 Page 148 of 769 9 Page 149 of 769 10 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Secret Cabinet Report University of Niagara Falls Student Housing Dear Cabinet Members, The preliminary investigation into the accusations that the University of Niagara Falls is not providing adequate housing support for its students has been completed. Background; An informant familiar with the housing placement process of post graduate facilities informed a member of the cabinet of certain concerns regarding that the University of Niagara Falls was not providing such services, subsequently an investigation into the matter was initiated. The following is the result of that investigation. The informant, whose identity shall remain anonymous, presented hearsay evidence which suggests it may be a common practice for such facilities to engage “headhunters” to recruit perspective students. In some cases, the families would liquidate their life savings to provide their child with such opportunities. It was suggested several incentives were forwarded to encourage such behavior, these were a hope of a better lifestyle, possibly residency and assistance upon arrival to Canada by their education provider. These matters are beyond the scope of this investigation but do draw attention to the concern that these facilitators may be pressured by these post graduate facilities into providing false information as to the services that will be available upon arrival in Canada. Page 150 of 769 11 What does fall within the scope of this investigation is the actual service the University of Niagara Falls does provide. Both an online and in-person investigation has demonstrated a concerning lack of available services. The in-person investigation involved walking into the main floor office of the University of Niagara Falls located on Queen St. Niagara Falls and requesting what services the University provided for landlords to connect with perspective student tenants. An employee, who was observed to be unearthly skilled at smiling and having a cheery disposition, provided a notepad to which contact information could be provided and sometime later the applicant would be contacted. Several days later the following email was received. It was responded to by the following email. Page 151 of 769 12 No reply was returned. Further investigation indicates 4stay is merely a typical rental portal, no different than Airbnb, Marketplace or the Kijiji websites. It has been concluded that the 4stay method of student housing placement is universal and does not constitute a housing placement program supplied by the University of Niagara Falls. The online investigation involved searching the University of Niagara Falls website itself. Page 152 of 769 13 It was determined that the University of Niagara Falls does not provide a housing placement program but merely links to third party providers. 4stay was one such “approved” provider, as was SpacesShared and Homestay. A student application was completed for SpacesShared with the result being that no services were available. The account screenshot is below. As for Homestay, the application process was so daunting that the process could not be completed. Furthermore, their “rules” appear to be discriminatory and a violation of the Charter of Right as indicated below. In conclusion, it is the determination of this investigation that the University of Niagara Falls does not provide a student placement program. In essence they have “pawned off” such a responsibility by providing links to services whose ability to provide such services is suspect. Page 153 of 769 14 Although not part of the investigation, it is worth mentioning the University of Niagara Falls is known to receive endorsement and support from the City of Niagara Falls and the Niagara Falls Ryerson Innovation Hub, amongst others. During a past budget council meeting, the Niagara Falls Opposition Shadow Cabinet alerted the council that they were approving services funded by the city to the University of Niagara Falls, an organization alleged to not be providing a student housing service. The “advice” appears to have been disregarded and leaves suspect councils' ability to investigate concerns brought before them. It is recommended that this report be made public and forwarded to the Authorities Having Jurisdiction with a request to pursue a more detailed investigation. Page 154 of 769 15 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 City of Niagara Falls Affordable Housing updated Report 488 Days 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, 488 days Council Members, 488 failures ... Page 155 of 769 16 Page 156 of 769 17 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Mayor Diodati comments concerning Development Downtown updated Report 807 Days Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "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." [3] "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." [4] 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. [5] 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. [6] It has been 807 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 157 of 769 18 Page 158 of 769 19 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-02 Monday, March 18, 2024 Code of Conduct - Procedural Policy change request Dear Council, and residents of Niagara Falls, It has for some time now been a concern of mine that the Mayor and in some cases councilors and staff discuss personal matters relating to staff and others during council meeting. Notwithstanding that this appears hypocritical to the city's policy that members of the public cannot discuss staff relations, it also reveals personal information to the entire world. The meetings are published. This council is revealing not only staff's birthdays, death of relatives, etc. but that of other public members also. In this society where people prey on others, do you not realize that it is not appropriate to provide this type of personal information? Furthermore, I, for one, do not appreciate the Mayor discussing the topic of dead people during council meetings and I would certainly suspect others do too. He ought to, and needs to know, that this is not welcomed. City council meeting are not obituaries announcements, that's what newspapers are for. It is not the council's mandate to discuss matters that are not related to council matters. Discussing dead people is not a council matter. As well, the costs of discussing such matters can be unforeseen. Page 159 of 769 20 Take councilor Campbell discussing personal matters about the former BIA director during a council meeting. I understand you can't elaborate on the matters, but the fact is, it didn't create a positive environment for the city, council, or the director. This council has total disregard for other's personal privacy. If just one person is subjected to harassment because of your actions, it will be one to many. Councilor Strange was of the option that seconds could make a difference during a fire dispatch call, although self-admitting his is not an expert on the matter, council still agreed with him. I am not an expert on whether revealing personal staff data to the public can compromise their safety or possessions, but not revealing such information could make the difference between someone being harassed or not. It is foolish to think that it could not happen. This council should agree with me. You read stories all the time when scammers harasses the loved one of the recently deceased. I request this council discontinue publishing any personal details of anyone during council meetings. I request this council ask the integrity commissioner if they can be held liable for doing so and report this information back during a council meeting. I have already asked the IC if I can ask such questions and the answer was only council can ask. It would be an expensive question for all parties if someone other than council decided to question it through the Code of Conduct process. I appreciate the Mayor's good intentions, but quite frankly, he is broadcasting persons public information. He is also not promoting the policy that staff relations are not to be discussed during council meetings. I request this council amends the latter policies to direct that no personal information (or specific personal information as the case may be) shall be presented during council meetings by the Mayor, council or staff members. Doing so, or allowing it to be done, (in the case of a staff member) constitutes a violation of the Code. Page 160 of 769 21 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 161 of 769 7640 & Lot 186 Kalar Road City of Niagara Falls March 19, 2024 Application for Zoning By-law Amendment Prepared for: 12778611 Ontario Inc. (Sherard McQueen) Prepared by:Page 162 of 769 Aerial Context & Surrounding Uses Lot Area: 50,761 square metres (5.08 ha) Frontage: 147.6 m Access: Kalar Road City Official Plan Designation: Garner South Secondary Plan Garner South Secondary Plan Designation: Residential Medium, Environmental Protection Area City Zoning By-law: Light Industrial Page 163 of 769 Proposed Development •Townhouse units: 113 units •13 residential blocks •8 back-to-back townhouse blocks •5 regular townhouse blocks •Each unit is 4 storeys high •Parking: 142 spaces •113 garage spaces (1/unit) •29 visitor spaces •Amenity space at the rear and via 2 balconies per unit •2 driveway access points to Kalar RdPage 164 of 769 On-site Natural Heritage and Hazard Features A 15-metre buffer from the PSW boundary is recommended. Lot Area (Environmental Lands): 31,911 square metres (3.19 ha) (68% of site) Net Developable Area: 15,270 square metres (1.52 ha) Natural Heritage Features include: •Provincially Significant Wetland (“PSW”) •Significant Woodlands. Natural Hazard Features include: •Regulated Floodplain (small portion at northwest corner)Page 165 of 769 On-site Natural Heritage Features Protection Impact Mitigation: •Erosion control (slit fence) measures during construction •Tree protection measures during development •Minor grading and restorative plantings •Fence installation Page 166 of 769 Site Principles & Design Building Housing •Density o Required density range 50 units per net hectare (min) to 74 units per net hectare (max). o Proposed density is 75 units/hectare •Height o Permitted building height is 4 storeys (max). o Proposed height is 4 storeys.Page 167 of 769 Site Principles & Design Design features •Architectural features that promote passive surveillance •Landscaping features along the front •Parking at the rear •Compatible with abutting residences •Provide sidewalk connections Page 168 of 769 Proposed Zoning By-law Amendments ZONING: LI to R5C-XX REGULATION REQUIRED PROPOSED Permitted Use Stacked Townhouse Regular Townhouse Minimum Front Yard Depth 7.5 m 4.6 m Minimum interior side yard setback 7.25 m 4.7 Max Lot Coverage (net)30%35% No. of apartment dwellings on one lot One only More than one Parking 1.4 spaces/unit 1.25 spaces/unit Maximum Building Height 19 m 14.5 m Min Landscaped Open Space 40%20%Page 169 of 769 ✓Is consistent with the PPS, and conforms with the Growth Plan, NOP and the City of Niagara Falls Official Plan. ✓Increases and diversifies the housing stock within the City of Niagara Falls. ✓Is in proximity to commercial nodes, neighbourhood amenities, transit facilities facilitating complete communities. ✓Makes efficient use of existing services and lands, and is compatible with the surrounding land uses ✓Ensures the protection of environmentally sensitive lands.Page 170 of 769 Page 171 of 769 Previous NHF Mapping VS Updated Staking Page 172 of 769 PBD-2024-07 Report Report to: Mayor and Council Date: March 19, 2024 Title: AM-2023-026, Zoning By-Law Amendment Application 26CD-11-2023-007, Plan of Vacant Land Condominium 5558 Drummond Road Pt Township Lot 126 Stamford, Part 2 Plan 59R17721; City of Niagara Falls Applicant: Blythwood Homes Inc. (Rob Mills) Agent: Ethan Laman (Upper Canada Consultants) Recommendation(s) 1. That Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Group Multiple Dwelling (R4) to allow for the development of 12 townhouse dwelling units in 4 blocks with 6 Accessory Dwelling Units subject to the regulations outlined in this report; 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary Blythwood Homes Inc. has applied for a Zoning By-law amendment to permit the development of 12 townhouse dwelling units in 4 blocks with 6 Accessory Dwelling Units. The lands are requested to be rezoned from a Residential Two (R2) to a site- Page 1 of 20 Page 173 of 769 specific Residential Low Density, Group Multiple Dwelling (R4). The use of the Accessory Dwelling Units (ADU)’s will be added to a new site-specific R4 zone. Blythwood Homes Inc. is also proposing to develop the 0.37 ha site as a Plan of Vacant Land Condominium. Registering a Plan of Condominium on the lands will allow the individual ownership of the dwelling units, with the private road and visitor parking area in common ownership. The amendment is recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification target of 50% of all residential units constructed in the Delineated Built-Up Area; and,  The proposal will contribute to the diversification of housing supply within the urban area and the requested recommended regulations are appropriate to regulate the proposed use. The conditions of draft plan approval, which address servicing, landscaping the provision of safe accesses, parkland dedication, fencing and all other matters related to the development of the vacant land condominium, are listed in Appendix A. Background Proposal Blythwood Homes Inc. has requested a Zoning By-law amendment for a parcel of land totalling approximately 0.37 ha (0.91 ac) in area as shown on Schedule 1. Schedule 2 shows details of the proposed development. The subject property is currently zoned Residential Two (R2) in accordance with Zoning By-law No. 79-200, as amended. The applicant is proposing to rezone the subject lands to a site-specific Residential Low Density, Group Multiple Dwelling (R4) and add the use of Additional Dwelling Unit. Blythwood Homes Inc. is proposing to develop the lands as a Plan of Vacant Land Condominium. The condominium will divide the subject lands into 12 units of lands to be sold individually. The private road and visitor parking area will be held in common ownership. Schedule 3 shows the proposed unit layout with a common private road, visitor parking areas. Site Conditions and Surrounding Land Uses The subject lands are located on the east side of Drummond Road south of Prospect Street and north of North Street. The site is currently vacant. The subject land is Page 2 of 20 Page 174 of 769 bounded by Drummond Road to the west and detached dwellings to the north, south and east. Circulation Comments Information about the requested Zoning By-law amendment and Vacant Land of Condominium was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date. Niagara Region  The Niagara Region supports the application.  The Niagara Region staff reviewed the submitted Stage 1-2 Archaeological Assessment, prepared by Detritus Consulting Ltd. (May 6, 2022). The licensed archaeologist recommended no additional archaeological assessment of the Study area. A letter from the Ministry of Citizenship and Multiculturalism (dated July 13, 2022), copied to Niagara Region, advises that the report has been entered into the Ontario Public Register of Archaeological Reports without technical review. A standard archaeological warning clause will be included in the Draft Plan agreement should any resources be uncovered through construction work.  A Phase 1 Environmental Site Assessment (ESA), prepared by Landtek Limited Consulting Engineers (dated October 2021) was submitted with the application for review. Niagara Region staff recommend that the Phase 1 be updated in accordance with O.Reg/04 and not the Canadian Standard Association (CSA). Should the Phase 1 ESA recommend a Phase 2 ESA be completed, this shall also be completed prior to development on-site. If the ESA work indicates that the site does not meet site condition standards as outlined by the Ministry of the Environment, Conservation and Parks, the owner must file a Record of Site Condition. A draft plan condition has been included to this effect.  The Niagara Region staff will require plan and profile drawings showing all proposed crossings of the watermain to be submitted for review and approval by Regional Water/Wastewater engineering staff. This requirement will be included as a draft plan condition.  Niagara Region staff request that the site plan be resubmitted with the waste collection pads clearly identifying the size and intended unit and required truck turning template plan to the Region for review and approval. This requirement will be included as a draft plan condition. Enbridge, Canada Post and Bell Canada  No objection or concerns. Conditions are required to be satisfied as part of the vacant land of condominium. Page 3 of 20 Page 175 of 769 Building Services, Fire Services, Transportation Services, Legal Services, Municipal Works and Landscape Works.  No objections or concerns. Conditions are required to be satisfied as part of the vacant land of condominium. GIS Services  No objections or concerns. The current address can remain. A plan will be required correlating the legal unit number with the civic unit number. This plan is required at draft plan of condominium stage. Neighbourhood Comments The neighbourhood open house meeting was held on February 8th, 2024. There was no attendance from the public. An email was received that expressed concerns with the increase traffic generated by this proposal, the reduction of the front yard depth, and the potential of additional driveways in the front yard. The City’s Transportation reviewed the proposal, and a traffic study was not required. The proposal is expected to generate less than 30 bidirectional trips in the peak hours which is a minimal increase of traffic generated. Regarding the front yard depth as it relates to parking, the units fronting Drummond Road have reverse frontages. The parking is behind the dwelling and accessed from the private road. No parking spaces are located in the front yard. The front lot line for this property is set back 2.94 meters further back than the adjacent properties because of a road widening that was taken through a recent consent application. Analysis Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act;  The development will take place within the urban area which allows for intensified development, it has appropriate servicing and will make efficient use of urban, serviced land; and,  The proposal will provide additional housing options in the neighbourhood, thereby contribution to the creation of a complete community in an area. Page 4 of 20 Page 176 of 769 Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. City’s Official Plan The Official Plan designates the subject land as Residential. The proposal complies with the intent of the Official Plan as follows:  The proposed development will redevelop an underutilized lot which is located within the Built-Up Area among existing development located along an arterial road, and complies with the allowed 32 units/per hectare;  The site is supported by full urban services, existing public roadway frontage and utilities. The site is close to commercial uses, an approximate 5-minute walk to North Street for a bus stop, in proximity (within 2 kilometers) to a number of primary and secondary schools under the Niagara District School Board, the Niagara Catholic District School Board and a French language school board;  The proposed townhouse dwellings allow for a traditional arrangement of built form with appropriate housing design, outdoor amenity area and building setbacks;  The proposed housing type will provide a variation in choice to the local market, and assist in achieving the minimum 40% residential intensification annual target in the Built-Up area with the increase in density on the subject lands;  The applicant stated in the rezoning application for the affordable housing section that at that time of submission it was yet to be determined an amount based on market conditions for 3-bedroom units;  The developer has clarified the selling cost based on market conditions will range from $700,000 - $799,000. The principal dwelling units do not meet the definition of affordable, but the provision of accessory dwelling units introduces opportunity for rental housing at a lower price point. The proposed units will not be an affordable price in accordance with the affordable unit price of $539,000 in 2022 for the City of Niagara Falls, and;  The ADU’s will be located in the basement units at the end blocks of A, B, D. The applicant has indicated the proposal are for 6 ADU’s with a rental price of approximately $1,250 for the one-bedroom unit based on comparable rental properties located within the area. These ADU’s will be affordable to moderate household incomes and will add to the supply of affordable housing in the area. Page 5 of 20 Page 177 of 769  A sunset clause is not recommended as the developer would need to register a condominium within 3 years. Zoning By-law The applicant has requested a site specific Residential Low Density, Group Multiple Dwelling (R4) zone, to add the use of an ADU, and to recognize the departures of the R4 zone regulations on the subject property. The departures requested from the standard R4 zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to follow) Permitted uses Uses permitted in the R4 zone Add the use of Accessory dwelling units support Minimum front yard depth 6.0 metres + 13.1 metres from the original centreline of Drummond Road 2.99 metres + 13.1 metres from the original centreline of Drummond Road support Minimum interior side yard width One-half the height of the building 9.72 metres/2 = 4.86 metres 2.9 metres support Minimum rear yard depth 7.5 metres 3 metres support Accessory buildings and accessory structures Covered porches: not permitted to encroach interior side yard 1.5 metres not the required interior side yard support Minimum privacy yard depth for each dwelling unit 7.5 metres Blocks A, B, C - 6 metres and Block D - 2.99 metres support The requested zoning is appropriate as follows:  The addition of the accessory dwelling units is desirable as it promotes the efficient use of land, and contributes additional housing opportunities, allowing for both freehold and rental housing options within the same development; Page 6 of 20 Page 178 of 769  The reduction of the minimum front yard depth to 2.99 metres can be supported in order to achieve a positive street presence along Drummond Road. This orientation is consistent with the location of the existing dwellings along Drummond Road;  The reduction of the interior side yard width provides an appropriate amount of separation between the proposed buildings and adjacent properties and is typical for similar low-density housing forms;  The reduction of the rear depth to 3 metres is only for the east side of Unit 9. It functions as a side lot line for Unit 9 due to the organization and orientation of the proposed development. The proposed 3-metre setback provides an appropriate amount of separation between the proposed dwelling and the adjacent property;  The addition of the one-storey roofed over porch provision to encroach 1.5 metres recognizes the difference in scale and massing between the porch roof and the main building. This addition is considered minor as the covered porch will be located over the side doors; and,  The reduction of the privacy yard to 2.99 metres is required along Drummond Road for Block 2. The units have been designed as reverse frontage units to achieve a positive streetscape along Drummond Road. Residents will have access to private outdoor space at both the front and the back of the units. The other units will provide greater than 6 metres which is adequate amenity areas. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land into 12 townhouse dwelling units in 4 blocks, provide private roads off Drummond Road and common visitor parking. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows:  The proposed development complies with matters of Provincial interest, listed under Section 2 of the Planning Act, and is not premature as servicing is available and it is located within the Built-up Area;  The proposal conforms with the City’s Official Plan which integrates with adjacent Residential lands. The land’s configuration is suitable for development which provides adequate access from Drummond Road;  The proposed development is not premature as the subject lands are designated for residential development and have access to municipal services and infrastructure. The applications are in the public interest as they will facilitate the provision of much-needed housing in an appropriate location;  No lands will be conveyed for public purposes;  The proposed development can be adequately serviced by municipal services and residents can walk 5 minutes to existing commercial uses and a bus stop located on North Street;  The subject lands are in proximity (within 2 kilometres) to a number of primary and secondary schools under the Niagara District School Board, the Niagara Page 7 of 20 Page 179 of 769 Catholic District School Board and a French language school board. These include the Stamford Collegiate Secondary School, Princess Margaret School, Ecole Elementaire LeMarsh, St. Mary Catholic Elementary School, Valley Way Public School. There were no concerns or comments from the different school boards; and,  The site plan matters such as landscaping, servicing, and lighting are addressed through draft plan of conditions that will be cleared prior to the execution of the condominium agreement that will be registered on title. Works will be secured through the provision of security that will be held until satisfactorily completed and certified. A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix A and includes the following:  Extension of services at the developer’s cost;  Cash in lieu of parkland dedication; and;  All other matters typically covered under the vacant land of condominium process (i.e. execution of a condominium agreement, provision of utilities and mail service,engineering works, landscaping including wood screening fencing and trees to buffer neighbours, and necessary fees and securities) Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposal will generate development charge contributions and provide property tax revenue for the City. Strategic/Departmental Alignment The proposal promotes sustainable growth. List of Attachments SCHEDULE 1 - Location Map SCHEDULE 2 - Site Plan SCHEDULE 3 - Draft Plan Draft By-law and schedule Appendix A - Conditions of Draft Plan Approval Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Mar Page 8 of 20 Page 180 of 769 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 9 of 20 Page 181 of 769 SCHEDULE 1 LOCATION MAP Page 10 of 20 Page 182 of 769 SCHEDULE 2 SITE PLAN Page 11 of 20 Page 183 of 769 SCHEDULE 3 DRAFT PLAN Page 12 of 20 Page 184 of 769 Page 13 of 20Page 185 of 769 Page 14 of 20Page 186 of 769 Page 15 of 20Page 187 of 769 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, September 1, 2023, showing 12 units of vacant land for dwelling units as well as a common private road, amenity and parking areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 3. The developer provide a digital copy of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer shall provide as a Cash-in-lieu payment for parkland dedication at the current prescribed rate of 5% for residential uses as determined by a qualified appraiser. 7. The developer submits an updated Tree Inventory and Preservation Plan Report shall be submitted that satisfactorily addresses the Landscape Architecture comments dated January 17, 2024. 8. The developer provides a Landscape Plan that meets the requirements of the City of Niagara Falls Architecture Landscape addresses satisfactorily the Guidelines Plan Site and comments dated January 17, 2024. 9. The developer design and construct all roadways within the development in accordance with City standards. 10. The developer shall ensure that the existing municipal infrastructure will adequately service the development as proposed and all underground services within the development shall be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks and City standards. 11. The developer is required to design and construct the lot grading in accordance with City standards. 12. The developer provides a lighting design prepared by a professional Engineer and lighting be independently powered and metered. 13. The developer provides to the City a functional servicing report, a stormwater management report, and all proposed site servicing, grading, sanitary drainage area, storm drainage area, erosion and sediment control, and photometric plans for review and acceptance prior to start of construction. Page 16 of 20 Page 188 of 769 2 14. The developer pays the applicable development charges in place at the time of agreement execution and Building Permit issuance in accordance with the latest version of the Development Charges By-law. 15. The developer pays to the City the required fees in place at the time of agreement execution for administration in accordance with the latest version of the City’s Schedule of Fees. 16. The developer’s engineering consultant provide written acceptance that the works completed conform with the City’s accepted drawings and are in accordance with the Niagara Peninsula Standard Contract Document and City construction specifications. 17. The developer shall provide a site plan that demonstrates adequate fire access for firefighting equipment in accordance with Section 3.2.5 of the Ontario Building Code. 18. The developer shows on the site plan the location of all required ‘No Parking’ signs in accordance with City of Niagara Falls By-law No. 2019-97. 19. The fire route will be required to be designated under municipal by-law for enforcement. There is a $150.00 fee for this process and can be initiated at the Fire Prevention Office once the property is assigned a municipal address. There is to be ‘No Parking’ along the fire route. 20. The developer is responsible for the cost of the signage as well as the installation of signage that complies with the fire access route by-law at the expense and responsibility of the developer/owner. 21. The developer shall provide site servicing drawings showing the locations of any proposed and/or existing fire hydrants (private/public). 22. The shared/combined fire protection and life safety systems (fire hydrants and access route) will be considered ‘common element’ and will be the responsibility of the condominium corporation to maintain in accordance with the requirements of the Ontario Fire Code. 23. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 24. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. 25. The Owner is to contact Bell Canada at planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development. Note: It is the responsibility of the Owner to provide entrance/service ducts from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. 26. The applicant shall contact Enbridge Gas to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. Page 17 of 20 Page 189 of 769 3 27. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the applicant. 28. In the event that easement(s) are required to service this development, and any future adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at no cost. 29. The owner shall complete to the satisfaction of Canada Post: a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box. ii) the notifying officially for responsible be developers/owners the that purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b) The owner further agrees to: i) suitable temporary provide and work Post to Canada with determine Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. iii) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. iv) determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. 30. That the condominium agreement includes the following clause relative to noise impacts: a. The owner agrees to provide upgraded exterior windows and doors, as well as central air conditioning forced air for all units; b. That the owner agrees to construct solid board fencing along the northern edge of the property line of Units 4-9 (Block A and B). The noise fence can be constructed of any wood, metal or masonry construction with a minimum surface density of 20 kilograms per square metre and should be free of holes or gaps within or below its extent and shown on all drawings. c. Prior to the issuance of a building permit, the owner agrees to submit verification from a Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario that the building plans implement the above referenced noise control recommendations. Page 18 of 20 Page 190 of 769 4 31. That the condominium agreement and all agreements of Purchase, Sale, Lease, or Occupancy for all units include the following clauses relative to noise impacts: a. “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling unit occupants”. b. “This dwelling unit has been fitted upgraded exterior windows and doors and a forced air heating system and the ducting etc., was sized to accommodate central air conditioning. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the criteria of the Municipality’s and the Ministry of Environment Conservation and Parks. (Note: The location and installation of the outdoor air conditioning device should be done so as to minimize the noise impacts and comply with criteria of MECP publication NPC-300 as required).” 32. That the following warning clause is included within the condominium agreement to protect for any potential archaeological resources that may be encountered during construction activities: “Should deeply buried archaeological remains/resources be found during construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Citizenship and Multiculturalism (416-212-8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario for Guidelines and Standards Consultant and Act Heritage the Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry of Citizenship and Multiculturalism should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 33. The developer update the Phase 1 Environmental Site Assessment, prepared by Landtek Limited Consulting Engineers (dated October 2021) in accordance with the Environmental Protection Act and associated regulations as amended, as well as soil sampling analysis of the blands subject be ESA Two Phase a Should to Niagara submitted e Region. recommended by the Qualified Professional (QP), this shall also be submitted to Niagara Region. If the soil sampling analysis does not meet current criteria and site condition standards as outlined by the Ministry of the Environment, Conservation and Parks, the owner must file a Record of Site Condition on the MECP’s Brownfield Environmental Site Registry prior to clearing this condition. A reliance letter from a QP shall be submitted to Niagara Region, to indicate that, despite any limitations or qualifications included in the above submitted reports/documents, the Region is authorized to rely on all information and opinions provided in the reports submitted, in order to clear this condition. 34. That prior to final approval for registration of this plan of condominium, the developer shall submit engineering drawings showing all servicing crossings of the Regional Watermain and force main, as well as plan and profile drawings for the storm sewer for review and approval by the Region. 35. The developer submits Regional waste collection truck turning templates for review and approval. Page 19 of 20 Page 191 of 769 5 36. The developer complies with the requirements of Niagara Region’s Corporate Waste Collection Policy and complete the required Indemnity Agreement and commencement of collection form prior to Regional waste collection services commencing on-site. 37. That the condominium agreement between the Owner and the City of Niagara Falls contain a provision whereby the owner agrees to include the following warning clauses within future Purchase and Sale or Lease Agreement: “Purchasers are advised that a properly executed Indemnity Agreement must be submitted from the private property owner(s) or property management company with signing authority to Niagara Region in order to maintain waste collection services on private roadway(s) and/or property(ies)”. 38. That the developer provides elevation and landscape plans to illustrate the townhouses along Drumoond Road including front elevations and building entrances that faces Drummond Road with a driveway and rear yard amenity space internal to the site. Notes: • Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. • Prior to final approval for registration, a copy of the executed Condominium Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution. • Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports can be sent directly to the Region with a copy provided to the local municipality. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1-3 (inclusive) - Legal Services for Condition 4 & 5 - Parks Design for Conditions 6-8 (inclusive) - Municipal Works Department for Conditions 9-16 (inclusive) - Fire Services for Conditions 17-22 (inclusive) - Bell Canada for Condition 23-25 (inclusive) - Enbridge Gas for Condition 26-28 (inclusive) - Canada Post for Conditions 29 (inclusive) - Region of Niagara for Conditions 30-38 (inclusive) Page 20 of 20 Page 192 of 769 Address: 5558 Drummond Road Applicant:Blythwood Homes Inc.(Rob Mills)Agent:Ethan Laman Proposal: To request a site-specific Residential Apartment (R4) zone to permit 12 townhouse dwelling units in 4 blocks with 6 accessory dwelling units Draft Plan of Vacant Land Condominium & Zoning By-law Amendment Application 26CD-11 -2023-007 & AM-2023-026 Page 193 of 769 A GREAT CITY…FOR GENERATIONS TO COME Background •Proposal:To rezone the subject lands to a site-specific Residential Low Density, Group Multiple Dwellings (R4)to permit to permit 12 townhouse dwelling units in 4 blocks,together with 6 accessory dwelling units. •Official Plan:Land is designated Residential in the Official Plan and located in the Built-Up Area.The development with provide a density of 32.38 units per hectare which complies within the allowed density of 20 to 40 units per hectare.The development will provide housing options within the City of Niagara Falls located in the Built-Up Area. •Zoning:The subject lands are currently zoned Residential Two (R2),in accordance with Zoning By-law No.79-200,as 79-200 as amended.Page 194 of 769 A GREAT CITY…FOR GENERATIONS TO COME Location Page 195 of 769 Open House A GREAT CITY…FOR GENERATIONS TO COME •An open house meeting was held on February 8th,2024.There was no attendance from the public.An email was received with concerns about increase traffic and potential of additional driveways in the front yard. •Response:The proposal is expected to generate less than 30 bidirectional trips in the peak hours which is a minimal increase of traffic generated. •Regarding the front yard depth as it relates to parking,the units fronting Drummond Road have reverse frontages.The parking is behind the dwelling and accessed from the private road.No parking spaces are located in the front yard.Page 196 of 769 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development will redevelop an underutilized lot which is located within the Built-Up Area and located along an arterial road; •The site is supported by full urban services,existing public roadway frontage and utilities with proximity to commercial uses,school sites and bus stop on North Street; •The proposed townhouse dwellings allow for a traditional arrangement of built form with appropriate housing design, and outdoor amenity area Page 197 of 769 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Reduce the minimum privacy rear yard from 7.5 m to 2.99 m for Block D. Add the use of accessory dwelling units –ADU’s. Add a covered porch side yard Reduce minimum front yard depth from 6 m to 2.99 m. Reduce rear yard depth yard from 7.5 m to 3 m. Reduce side yard from 4.86 m to 2.90 m for Block D as the greater reduction. Roofed over one storey porch 1.5 m into the required side yard.Page 198 of 769 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as modified and recommended in report PBD-2024-07 RecommendationRecommendation Page 199 of 769 SERENITY PLACE NIAGARA FALLS, ONTARIO ZONING BY-LAW AMENDMENT DRAFT PLAN OF VACANT LAND CONDOMINIUM Ethan Laman, MCIP, RPP Planner Upper Canada Consultants Page 200 of 769 Site Context Subject Lands Prospect Street North Street To HWY 420 Subject Lands • Address: 5558 Drummond Road • Area: 0.37 ha (0.91 acres) • Designated as Low-Density Residential in the OP • Currently Vacant • Previously contained a single detached dwelling Surrounding Area • Mix of residential typologies – Single detached, townhouse and apartment dwellings • Commercial uses around Drummond Road and Prospect Street • Close proximity to Hwy 420Page 201 of 769 Proposed Development Private Road Development 4 Townhouse Blocks containing 12 total units 3 unit types Positive frontage onto Drummond Road Dedicated Visitor Parking Optional basement dwelling units for the end units in Blocks A, B and D. Page 202 of 769 Conceptual Renderings – Blocks A and B Page 203 of 769 Conceptual Renderings – Block C Page 204 of 769 Conceptual Renderings – Block D Page 205 of 769 Submitted Applications Application Purpose Zoning By-law Amendment •Applies appropriate Zoning provisions to implement and regulate the development proposal Draft Plan of Vacant Land Condominium •Establishes the individual ownership of the dwelling units and the common ownership of the shared infrastructure. •Is the mechanism through which the Site Plan related matters are addressed. Page 206 of 769 Supporting Studies Type Author Key Findings Functional Servicing Report Upper Canada Consultants •Details how the development will be connected to municipal water, sanitary and stormwater systems •Confirms that adequate capacity exists in the municipal systems for the proposed development Stage 1-2 Archeological Assessment Detritus •The property does not contain any archeological resources. •The Report has been accepted into the Provincial Ministry register. Tree Inventory and Preservation Plan Jackson Arboriculture •Contains an inventory of existing trees •Identifies trees to be preserved, and preservation methods to be employed. Page 207 of 769 Thank You - Questions? Page 208 of 769 1 From:Nick DeBenedetti Sent:Wednesday, February 7, 2024 5:19 PM To: Cc:Ethan Laman Subject:FW: [EXTERNAL]-5558 Drummond Road zoning by-law amendment Hello, Thank you for your email. Ethan Laman is the agent acting on behalf of the applicant and he provided comments based on your email. The City’s Transportation has reviewed the proposal. They take everything into consideration. A traffic impact study was not required. The proposal is expected to generate less than 30 bidirectional trips in the peak hours. The number of trips during peak hours will be minimal based on the number of units proposed. The proposal would not add that much to the traffic flow based on less than the 30 bidirectional trips during peak hours. Regarding the front depth, Ethan provided an explanation to your question and hopefully that answers any of your concerns. Thank You Nick DeBenedetti, MCIP, RPP| Planner 2 | Planning, Building & Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 Ext. 4233 | Fax 905-356-2354 | ndebenedetti@niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you From: Ethan Laman <ethan@ucc.com> Sent: Wednesday, February 7, 2024 2:56 PM To: Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Subject: RE: [EXTERNAL]-5558 Drummond Road zoning by-law amendment Hi Nick, With regards to traffic, the City’s Transportation Department indicated that the anticipated traffic generated from this development was too low to warrant a traffic impact study. Regarding the front yard depth as it relates to parking, the units fronting Drummond Road have reverse frontage, meaning that the parking is behind the dwelling and accessed from the private road. No parking spaces are located in the front yard. It should also be noted that the front lot line for this property is 2.94 meters further back than that of the adjacent properties as a result of a road widening that was taken through a recent boundary adjustment application. Page 209 of 769 2 Regards, Ethan Laman BURPl, MCIP, RPP Planner Upper Canada Consultants 3-30 Hannover Drive St. Catharines, ON. L2W 1A3 Tel: (905) 688-9400 ext. 505 Cell: (289) 228-5879 Fax: (905) 688-5274 Email: ethan@ucc.com Web: www.ucc.com From: Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Sent: February 7, 2024 2:28 PM To: Ethan Laman <ethan@ucc.com> Subject: FW: [EXTERNAL]-5558 Drummond Road zoning by-law amendment Hello Ethan, I did receive this email regarding the proposal. Please respond. Thank You Nick DeBenedetti, MCIP, RPP| Planner 2 | Planning, Building & Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 Ext. 4233 | Fax 905-356-2354 | ndebenedetti@niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you From: Holley Corfield < Sent: Wednesday, February 7, 2024 1:28 PM To: Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Subject: [EXTERNAL]-5558 Drummond Road zoning by-law amendment Hi there, I recently received a notice about the houses which are planned to be built at 5558 Drummond Road. I am a neighbour to this planned build and would like to ask a few questions on the proposed changes. Has any work been done on the impact of the number of houses and thereby residents will have on the traffic? This is Page 210 of 769 3 something I am most concerned about. I am all for utilizing the space and building new homes, we are in a housing crisis after all. However the intersection is already a mess and I worry what more cars in the area will do. I would hate to see the same thing happen here that happened to the Dorchester and Morrison Street corner with all the new houses built in the "Cannery District". The city is a bit of a mess as is. The corner of Drummond and Fredrica is a mess with the location of that Tim Hortons. I would like to ensure that the roads will not suffer from too much congestion. In addition I question whether a reduction of minimum front yard depth is a wise choice. Will this allow for the driveways in question to fit a full size car? If not this will cause further roadway issues due to overhang and street parking. Thank you for your time and consideration on this. Holley 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 211 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 PBD-2024-07 AM-2023-026 Zoning By-Law Amendment Application 26CD-11-2023-007 Plan of Vacant Land Condominium 5558 Drummond Road Pt Township Lot 126 Stamford Part 2 Plan 59R17721 City of Niagara Falls Applicant Blythwood Homes Inc. (Rob Mills) Agent Ethan aman (Upper Canada Consultants) Dear Council and OLT (if the need arises); As per the Planning Act Participation in public meeting (14.2); Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6); These are my written representations. I have reviewed the information presented on the agenda of March 19, 2024 and recommend council not approve the ZBA as per staffs recommendations with the following concern(s). The proposal does not provided acceptable provisions and assurances for affordable housing. I further include the following documents for council and OLT (if the need arises) to consider when making their decision. Should Council not understand the significance of the following information in relations to the proposed amendment they are free to inquire. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 212 of 769 2 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-01 Monday, March 18, 2024 Niagara Falls Housing progress Dear Council, and residents of Niagara Falls, A recent news article (TV) indicated that Niagara Falls Failed to meet its housing quota this year. About the housing tracker Ontario has set a goal of building at least 1.5 million homes by 2031 and has assigned the province’s 50 largest municipalities with housing targets to help meet this goal. The province is encouraging municipalities to meet their targets through the creation of the $1.2 billion Building Faster Fund, which rewards municipalities that reach at least 80% of their annual target with funding, with bonus funding for municipalities that exceed their targets. This council is responsible for failing to meet this quota and subsequently has lost and is on track to continuously lose the residents of Niagara Falls millions of dollars in provincial grant money by doing so. This is a program that has an end, if this Council does not reach those goals the city is cut off from millions of dollars from the province. I request this Council do something in their power to make sure we reach those goals. Direct staff to bring a report back, put clauses into ZBA and OPA, do something other than sitting around doing nothing. Page 213 of 769 3 You are costing me and others increased taxes and service fees because you are failing to do your jobs. You have a CAO pleading his heart out trying to scrounge up $240K from the Fire Department to direct towards other services, and yet you're allowing millions of dollars to fly out the door. St. Catharine just got 10X that amount! Our neighborhood municipalities have gotten their act together, what's your problem? The council's lack of effort is disgraceful, if I was on that council I would be all over finding a solution to this. Instead of spending time in the next council meeting congratulating council Strange, let me save you some council time. Congratulations councilor Strange, wonderful lifetime achievement, we are all really proud of what you have done for our community, keep up the good work. And I am sincere about that, despite my being council's critic. Page 214 of 769 4 Now please spend time figuring out a solution to this issue. Act like business persons and treat this city like a business. As a successful business person of 30+ years it truly pains me to see this council acting the way they do. Running this city is not some show and tell game, it is serious work, do your self promoting elsewhere. Act like leaders and just jailbreak the thing. (from the Riddick movies). You can pawn-off the blame to someone or something else, but if someone really wants something bad enough, they will find a way to get it. Other local municipalities have done it. It appears this council doesn't care enough. The residents of Niagara Falls will know of this council's failures when it matters. It will not be allowed to be forgotten. Updated reports will be provided on the status of this council's failure to meet this quota. Several are below. Page 215 of 769 5 As of 3/11/2024 the Ontario Newsroom website has just released this announcement. https://news.ontario.ca/en/release/1004287/ontario-rewards-st-catharines-with-more-than- 23-million-for-making-progress-toward-2023-housing- targets?utm_source=Greater%20Niagara%20Chamber%20of%20Commerce%20Subscri bers&utm_campaign=5bdb22b149-DAILY-UPDATE-JANUARY- 3_COPY_01&utm_medium=email&utm_term=0_a9d7633c2c-5bdb22b149- 111624306&mc_cid=5bdb22b149&mc_eid=5cd4da0dc1 News Release Ontario Rewards St. Catharines with More Than $2.3 Million for Making Progress Toward 2023 Housing Targets Page 216 of 769 6 Page 217 of 769 7 Page 218 of 769 8 Page 219 of 769 9 Page 220 of 769 10 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Secret Cabinet Report University of Niagara Falls Student Housing Dear Cabinet Members, The preliminary investigation into the accusations that the University of Niagara Falls is not providing adequate housing support for its students has been completed. Background; An informant familiar with the housing placement process of post graduate facilities informed a member of the cabinet of certain concerns regarding that the University of Niagara Falls was not providing such services, subsequently an investigation into the matter was initiated. The following is the result of that investigation. The informant, whose identity shall remain anonymous, presented hearsay evidence which suggests it may be a common practice for such facilities to engage “headhunters” to recruit perspective students. In some cases, the families would liquidate their life savings to provide their child with such opportunities. It was suggested several incentives were forwarded to encourage such behavior, these were a hope of a better lifestyle, possibly residency and assistance upon arrival to Canada by their education provider. These matters are beyond the scope of this investigation but do draw attention to the concern that these facilitators may be pressured by these post graduate facilities into providing false information as to the services that will be available upon arrival in Canada. Page 221 of 769 11 What does fall within the scope of this investigation is the actual service the University of Niagara Falls does provide. Both an online and in-person investigation has demonstrated a concerning lack of available services. The in-person investigation involved walking into the main floor office of the University of Niagara Falls located on Queen St. Niagara Falls and requesting what services the University provided for landlords to connect with perspective student tenants. An employee, who was observed to be unearthly skilled at smiling and having a cheery disposition, provided a notepad to which contact information could be provided and sometime later the applicant would be contacted. Several days later the following email was received. It was responded to by the following email. Page 222 of 769 12 No reply was returned. Further investigation indicates 4stay is merely a typical rental portal, no different than Airbnb, Marketplace or the Kijiji websites. It has been concluded that the 4stay method of student housing placement is universal and does not constitute a housing placement program supplied by the University of Niagara Falls. The online investigation involved searching the University of Niagara Falls website itself. Page 223 of 769 13 It was determined that the University of Niagara Falls does not provide a housing placement program but merely links to third party providers. 4stay was one such “approved” provider, as was SpacesShared and Homestay. A student application was completed for SpacesShared with the result being that no services were available. The account screenshot is below. As for Homestay, the application process was so daunting that the process could not be completed. Furthermore, their “rules” appear to be discriminatory and a violation of the Charter of Right as indicated below. In conclusion, it is the determination of this investigation that the University of Niagara Falls does not provide a student placement program. In essence they have “pawned off” such a responsibility by providing links to services whose ability to provide such services is suspect. Page 224 of 769 14 Although not part of the investigation, it is worth mentioning the University of Niagara Falls is known to receive endorsement and support from the City of Niagara Falls and the Niagara Falls Ryerson Innovation Hub, amongst others. During a past budget council meeting, the Niagara Falls Opposition Shadow Cabinet alerted the council that they were approving services funded by the city to the University of Niagara Falls, an organization alleged to not be providing a student housing service. The “advice” appears to have been disregarded and leaves suspect councils' ability to investigate concerns brought before them. It is recommended that this report be made public and forwarded to the Authorities Having Jurisdiction with a request to pursue a more detailed investigation. Page 225 of 769 15 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 City of Niagara Falls Affordable Housing updated Report 488 Days 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, 488 days Council Members, 488 failures ... Page 226 of 769 16 Page 227 of 769 17 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Mayor Diodati comments concerning Development Downtown updated Report 807 Days Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "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." [3] "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." [4] 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. [5] 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. [6] It has been 807 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 228 of 769 18 Page 229 of 769 19 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-02 Monday, March 18, 2024 Code of Conduct - Procedural Policy change request Dear Council, and residents of Niagara Falls, It has for some time now been a concern of mine that the Mayor and in some cases councilors and staff discuss personal matters relating to staff and others during council meeting. Notwithstanding that this appears hypocritical to the city's policy that members of the public cannot discuss staff relations, it also reveals personal information to the entire world. The meetings are published. This council is revealing not only staff's birthdays, death of relatives, etc. but that of other public members also. In this society where people prey on others, do you not realize that it is not appropriate to provide this type of personal information? Furthermore, I, for one, do not appreciate the Mayor discussing the topic of dead people during council meetings and I would certainly suspect others do too. He ought to, and needs to know, that this is not welcomed. City council meeting are not obituaries announcements, that's what newspapers are for. It is not the council's mandate to discuss matters that are not related to council matters. Discussing dead people is not a council matter. As well, the costs of discussing such matters can be unforeseen. Page 230 of 769 20 Take councilor Campbell discussing personal matters about the former BIA director during a council meeting. I understand you can't elaborate on the matters, but the fact is, it didn't create a positive environment for the city, council, or the director. This council has total disregard for other's personal privacy. If just one person is subjected to harassment because of your actions, it will be one to many. Councilor Strange was of the option that seconds could make a difference during a fire dispatch call, although self-admitting his is not an expert on the matter, council still agreed with him. I am not an expert on whether revealing personal staff data to the public can compromise their safety or possessions, but not revealing such information could make the difference between someone being harassed or not. It is foolish to think that it could not happen. This council should agree with me. You read stories all the time when scammers harasses the loved one of the recently deceased. I request this council discontinue publishing any personal details of anyone during council meetings. I request this council ask the integrity commissioner if they can be held liable for doing so and report this information back during a council meeting. I have already asked the IC if I can ask such questions and the answer was only council can ask. It would be an expensive question for all parties if someone other than council decided to question it through the Code of Conduct process. I appreciate the Mayor's good intentions, but quite frankly, he is broadcasting persons public information. He is also not promoting the policy that staff relations are not to be discussed during council meetings. I request this council amends the latter policies to direct that no personal information (or specific personal information as the case may be) shall be presented during council meetings by the Mayor, council or staff members. Doing so, or allowing it to be done, (in the case of a staff member) constitutes a violation of the Code. Page 231 of 769 21 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 232 of 769 PBD-2024-08 Report Report to: Mayor and Council Date: March 19, 2024 Title: March 19, 2024 AM-2021-009, Zoning By-Law Amendment Application 26CD-11-2021-002, Plan of Vacant Land Condominium Montrose Road north of McLeod Road Part of Stamford Township Lots 163 and 170, Part 29, 59R- 14189, Part 1, 59R-14189 Applicant: Niagara Property Corp. (Amar Mohamed) Agent: Joseph Plutino (Mainline Planning Services) Recommendation(s) 1. That Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential 5C Density (R5C) to allow for the development of 83 townhouse dwelling units in 14 blocks, amending By-law No. 2010-132 and the removal of the Holding provision on this parcel subject to the regulations outlined in this report; 2. That Council approve the Zoning By-law that is on tonight’s agenda. 3. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 5. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Page 1 of 19 Page 233 of 769 Executive Summary McLeod Square Inc. has applied for a Zoning By-law amendment to permit the development of 83 townhouse dwelling units in 14 blocks, together in part with the removal of the holding provision on this parcel. The lands are requested to be rezoned from the current site-specific Residential 5C Density to a new site-specific Residential 5C Density with changes to the regulations and removal of the in part the Holding provision. The use of the townhouses will be added to a new site-specific R5C zone based on the approvals received from By-law No. 2010-132. McLeod Square Inc. is also proposing to develop the 1.90 ha site as a Plan of Vacant Land Condominium. Registering a Plan of Condominium on the lands will allow the individual ownership of the dwelling units, with the private road and visitor parking area in common ownership. The amendment is recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification rate of 50% of all residential units constructed in the City’s intensification target set out for the Delineated Built-Up Area;  The proposal will contribute to the diversification of housing supply within the urban area and the requested recommended regulations are appropriate to regulate the proposed use; and,  The holding provision on this parcel can be removed as a Record of Site Condition was filed on October 19, 2015, and confirms the intended property use as residential. The conditions of draft plan approval, which address servicing, landscape, the provision of safe accesses, parkland dedication, fencing and all other matters related to the development of the vacant land condominium, are listed in Appendix A. Background Proposal McLeod Square Inc. has requested a Zoning By-law amendment for a parcel of land totalling approximately 1.90 ha (4.70 ac) as shown on Schedule 1. Schedule 2 shows details of the proposed development. The subject property is currently zoned Residential 5C Density (R5C(H)-192), in accordance with Zoning By-law No. 79-200, as amended by site specific By-law No. 2010-132. The applicant is proposing to rezone the subject lands to a new site-specific site specific Residential 5C Density zone and add the use of the townhouses permitted Page 2 of 19 Page 234 of 769 with the approvals received in By-law No. 2010-132 and removing the holding provision. By-law No. 2010-132 will be amended to remove the subject lands. McLeod Square Inc. is proposing to develop the lands as a Plan of Vacant Land Condominium. The condominium will divide the subject lands into 83 units of lands to be sold individually. The private road and visitor parking area will be held in common ownership. Schedule 3 shows the proposed unit layout with a common private road, visitor parking areas. Site Conditions and Surrounding Land Uses The subject lands are located on the west side of Montrose Road across from the McBain Centre. The site is currently vacant. The subject land is bounded by Montrose Road to the east, vacant lands to the north, combined vacant and woodlots to the west, and a commercial plaza to the south. Circulation Comments Information about the requested Zoning By-law amendment and Vacant Land of Condominium was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date. Niagara Region The Niagara Region supports the application.  The existing zoning for the property requires the completion of Environmental Site Assessments and the filing of a Record of Site Condition(RSC). Phase One and Two Environmental Site Assessments (ESA), prepared by Terrapex Environmental Ltd. (dated October 1, 2015) were reviewed through the previous Regional comments and a RSC was filed on October 19, 2015 and confirms the intended property use as residential. The applicant is require to update the Phase One in accordance with O.Reg/04 and not the Canadian Standard Association (CSA);  The Niagara Region staff reviewed the drawings and confirm the building unit doors and front steps will function and are located within the private lands adjacent to Montrose Road allowance.  The submitted sight line study is acceptable. A 6 metre x 6 metre daylighting easement on either side of the proposed accesses from Regional Road 98 (Montrose Road) is required.  Region staff will review the Regional truck turning plan to confirm which additional townhouse units, if any, will require waste collection pads to accommodate Regional waste collection services. Additional/revised clauses may be requested upon review of the Regional truck turning plan. These drawings will be reviewed as a condition of the vacant land of condominium. Page 3 of 19 Page 235 of 769  An Environmental Noise Impact Study, prepared by dBA Acoustical Consultants Inc. (dated January 2021) was submitted with the applications, to assess impact from road and commercial noise on the development. The study found the QEW to be the major source of road noise and concluded that noise levels will exceed NPC-300 thresholds; therefore, mitigation is required and will be included as conditions of the vacant land of condominium. Enbridge, Canada Post and Bell Canada  No objection or concerns. Conditions are required to be satisfied as part of the vacant land of condominium. Building Services, Fire Services, Transportation Services, Legal Services, Municipal Works and Landscape Works.  No objections or concerns. Conditions are required to be satisfied as part of the vacant land of condominium. GIS Services  No objections or concerns. A single civic address number will be issued when the condominium is created. Ahead of the address notice, the City will require the civic unit numbers to be verified on the plan. Directional signage within will be necessary to direct visitors. Neighbourhood Comments The neighbourhood open house meeting was held on October 9, 2021, no attendance or emails were received from the public. Analysis Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act;  The development will take place within the urban area which allows for intensified development, it has appropriate servicing and will make efficient use of urban service land; and,  The proposal will provide additional housing in the neighbourhood, thereby contribution to the creation of a complete community in an area with existing commercial uses and recreational amenities. Page 4 of 19 Page 236 of 769 Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. City’s Official Plan The Official Plan designates the subject land as Major Commercial. The proposal complies with the intent of the Official Plan as follows:  The proposed development is in conformity with the Major Commercial designation which permits residential uses that are compatible with the adjacent commercial development;  The proposed development will provide a medium density townhouse complex with walkable access to recreational amenities, learning facilities, and a commercial plaza;  The proposed development will make use of existing infrastructure and available transit;  The construction of the proposed vacant land condominium will result of street- oriented townhouse blocks providing smaller and innovative housing types;  The proposed housing type will provide a variation in choice to the local market, and assist in achieving the minimum 40% residential intensification annual target in the Built-Up area with the increase in density on the subject lands;  The affordable housing policies were not in effect at the time of the deeming the rezoning application complete on August 16, 2021 and as such the application was reviewed on those policies that were in effect on the date of a complete application. Council approved the housing polices in the Official Plan on January 17, 2023; and,  This site contains inherited obstacles (removal of the soil) regarding site works that will increase the costs of developing the lands compared to a conventional site. Therefore, currently the applicant is looking at marketing the development between $725,000 and $850,000 per unit. The selling price may be adjusted due to construction costs and timing of the development. The proposed units will not be an affordable price in accordance with the affordable unit price of $539,000 in 2022 for the City of Niagara Falls.  A sunset clause is not recommended as the developer would need to register a condominium within 3 years. Zoning By-law Page 5 of 19 Page 237 of 769 The applicant has requested a site specific Residential 5C Density zone, to add the townhouse use, and to recognize the departures of the R5C zone regulations on the subject property. The departures requested from the standard R5C regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to follow) Permitted uses Uses permitted in the R5C zone Add the use of a townhouse dwelling not containing more than 8 dwelling units support Minimum front yard depth for a townhouse dwelling 7.5 metres + 13.1 metres from the original centreline of Montrose Road 0 metres + 13.1 metres from the original centreline of Montrose Road support Minimum interior side yard width for Unit1 One-half the height of the building or 10 metres, whichever is greater 14 metres/2 = 7 metres 5.2 metres support Minimum rear yard depth for a townhouse dwelling One-half the height of the building 14 metres/2 = 7 metres 6 metres support Maximum lot coverage 30 % 38.2 % support Parking requirements 1.4 parking spaces per dwelling unit: 1.25 parking spaces per dwelling unit support Minimum maneuvering aisle 6.3 metres 6 metres support The requested zoning is appropriate as follows: Page 6 of 19 Page 238 of 769  The addition of a townhouse dwelling use were approvals granted in the site- specific By-law No. By-law No. 2010-132 which will be carried forward in the new site-specific zoning by-law;  The reduction of the minimum front yard depth to 0 metres can be supported because of the large road allowance for Montrose Road adjacent to the front yard and no parts of the building will encroach onto the road widening allowing the design of the building to engage with the street frontage. A condition of approval is that the developer will require a front elevation design for the townhouses along Montrose Road;  The reduction of the minimum interior side width to 5.2 metres affects only Unit 1 on Block 1 at the front corner of the unit and from that point the interior side expands towards to the rear which is a minor departure adjacent to the commercial plaza;  The reduction of the rear depth to 6 metres still provides enough amenity area for residences adjacent to the open space on the west side of the property;  The increase in lot coverage to 38% is considered minor in order to develop the appropriate built form of the units in relation to the overall design and will not disrupt the character of the development;  The reduction in the required parking can be supported because the site is directly serviced by a transit route on Montrose Road and the proposal is walkable to a commercial plaza, recreational amenities and learning facilities; and,  The reduction of the maneuvering aisle to 6 metres for the visitors parking area is considered minor and still meets the requirement for the fire access route. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land into 83 townhouse dwelling units in 14 blocks, provide private roads off Montrose Road and common visitor parking. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows:  The proposed development complies with matters of Provincial interest, listed under Section 2 of the Planning Act, and is not premature as servicing is available and it is located within the Built-up Area;  The proposal conforms with the City’s Official Plan which integrates with adjacent Commercial lands. The land’s configuration is suitable for development which provides adequate access from Montrose Road;  The proposed development is not premature as the subject lands are designed for residential development and have access to municipal services and infrastructure. The applications are in the public interest as they will facilitate the provision of much-needed housing in an appropriate location; Page 7 of 19 Page 239 of 769  The proposed development can be adequately serviced by municipal services and residents can walk to existing commercial uses, recreational amenities and a bus route on Montrose Road;  The subject lands are in proximity (within 2 kilometres) to a number of primary and secondary schools under the Niagara District School Board and the Niagara Catholic District School Board. These include St Michael’s Secondary School, Forestview Public School, Kate S Durdan Public School and Loretto Catholic Elementary School;  The site plan matters such as landscaping, servicing, and lighting are addressed through draft plan of conditions that will be cleared prior to the execution of the condominium agreement that will be registered on title. Works will be secured through the provision of security that will be held until satisfactorily completed and certified. A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix A and includes the following:  Extension of services at the developer’s cost;  Cash in lieu of parkland dedication, a tree preservation plan to ensure any trees on abutting CIty land are not adversely impacts and fencing along City property; and,  All other matters typically covered under the vacant land of condominium process(i.e. execution of a condominium agreement, provision of utilities and mail service, engineering works, landscaping including wood screening fencing and trees to buffer neighbours, and necessary fees and securities). Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposal will generate development charge contributions and provide property tax revenue for the City. Strategic/Departmental Alignment The proposal promotes sustainable growth with a compact development that is walkable to amenities. List of Attachments Schedule 1 - Location Map Schedule 2 - Site Plan - update Schedule 3 - Draft Plan Appendix A - Conditions of Draft Plan Approval Written by: Nick DeBenedetti, Planner 2 Page 8 of 19 Page 240 of 769 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Mar 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 12 Mar 2024 Page 9 of 19 Page 241 of 769 SCHEDULE 1 LOCATION MAP Page 10 of 19 Page 242 of 769 SCHEDULE 2 SITE PLAN Page 11 of 19 Page 243 of 769 SCHEDULE 3 DRAFT PLAN Page 12 of 19 Page 244 of 769 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Mainline Planning Services, dated April 26, 2020, showing 83 units of vacant land for dwelling units as well as a common private road, amenity and parking areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 3. The developer provide a digital copy of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer shall provide as a Cash-in-lieu payment for parkland dedication at the current prescribed rate of 5% for residential uses as determined by a qualified appraiser. 7. The developer submits a Tree Inventory and Preservation Plan, pursuant to the requirements of the City of Niagara Falls Site Plan Guidelines. 8. The developer provides a cost estimate that satisfactorily addresses the Landscape Architecture comments dated January 15, 2024. 9. The developer provides an updated Landscape Plan that satisfactorily addresses the Landscape Architecture comments dated January 15, 2024. A black vinyl chain link fence is to be provided along City lands to the satisfaction of the City 10. The developer constructs a 1.5m concrete sidewalk on Montrose Road abutting the subject lands, per approved drawings. The developer design and construct all roadways within the development in accordance 11. with City standards. The developer ensures the existing municipal infrastructure will adequately service the 12. development as proposed and all underground services within the development shall be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks and City standards. The developer ensures that the lot grading shall be designed and constructed in 13. accordance with City standards. The developer ensures that the lighting design be prepared by a Professional Engineer and 14. lighting be independently powered and metered. Page 13 of 19 Page 245 of 769 2 15. The developer provides to the City a functional servicing report, a stormwater management report, and all proposed site servicing, grading, erosion and sediment control, sanitary drainage area, storm drainage area, and photometric plans for review and acceptance prior to start of construction. The developer pays the applicable development charges in place at the time of agreement 16. execution and Building Permit issuance in accordance with the latest version of the Development Charges By-law. The developer pays to the City the required fees in place at the time of agreement 17. execution for administration in accordance with the latest version of the City’s Schedule of Fees. works that acceptance written provide the engineering developer’s The consultant 18. completed conform with the City’s accepted drawings and are in accordance with the Niagara Peninsula Standard Contract Document and City construction specifications. 19. The developer shall provide a site plan that demonstrates adequate fire access for firefighting equipment is provided in accordance with the Ontario Building Code and that adequate access to the principal entrance for each dwelling unit is provided (Units 43-76). The developer shows on the site plan the location of all required ‘No Parking’ signs in 20. accordance with City of Niagara Falls By-law No. 2019-97. The fire route will be required to be designated under municipal by-law for enforcement. 21. There is a $150.00 fee for this process and can be initiated at the Fire Prevention Office once the property is assigned a municipal address. There is to be ‘No Parking’ along the fire route. The developer is responsible for the cost of the signage as well as the installation of 22. signage that complies with the fire access route by-law at the expense and responsibility of the developer/owner. 23. The shared/combined fire protection and life safety systems (fire hydrants and access route) the of responsibility the be will ‘common element’ considered be will and condominium corporation to maintain in accordance with the requirements of the Ontario Fire Code. 24. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by and agrees further Owner The development. this service to Canada Bell new acknowledges to convey such easements at no cost to Bell Canada. 25. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. The Owner is to contact Bell Canada at planninganddevelopment@bell.ca during the 26. detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development. Note: It is the responsibility of the Owner to provide entrance/service ducts from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to Page 14 of 19 Page 246 of 769 3 pay for the above noted connection, Bell Canada may decide not to provide service to this development. The applicant shall contact Enbridge Gas to determine gas availability, service and meter 27. installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. If the gas main needs to be relocated as a result of changes in the alignment or grade of 28. the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the applicant. In the event that easement(s) are required to service this development, and any future 29. adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at no cost. The owner shall complete to the satisfaction of Canada Post:30. a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box. officially for responsible be ii) the that notifying developers/owners the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b) The owner further agrees to: i) suitable provide and determine temporary Post Canada with work to Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. identify the pads above on the engineering servicing drawings. Said pads iii) are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. determine the location of all centralized mail receiving facilities in co-iv) operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. That the plans be revised to illustrate street townhouses along Montrose Road, including a 31. front elevation and building entrance that faces Montrose Road with a driveway and rear yard amenity space internal to the site. Page 15 of 19 Page 247 of 769 4 32. That the elevation plans for any units with a side elevation facing Montrose Road be revised to illustrate an updated architectural treatment, including an active front entrance, ample glazing and a wrap around porch. That the condominium agreement includes a clause that the condominium corporation will 33. be responsible to maintain the section of walkways within the regional road allowance to municipal standards. The developer submits a Grading Plan, stamped by a qualified acoustical consultant, 34. illustrating the required 2.43m high noise barrier, as illustrated in the Environmental Noise Impact Study, prepared by dBA Acoustical Consultants Inc. (dated January 2021). That the condominium agreement includes a clause requiring the owner to implement the 35. recommendations of the Environmental Noise Impact Study, prepared by dBA Acoustical Consultants Inc. (dated January 2021), including installation of noise barriers, upgraded windows, provision for adding air conditioning by the occupants or installation of air conditioning, and inclusion of warning clauses in all development agreements and Offers and Agreements of Purchase and Sale or Lease. The developer submits verification from a qualified acoustical consultant that the noise 36. control measures have been properly incorporated into architectural and mechanical drawings and specifications for the proposed dwellings, or that a similar clause be included in the condominium agreement. That the condominium agreement includes a clause requiring verification from a qualified 37. acoustical consultant that the noise control measures have been properly installed during construction, prior to assumption. The developer agrees to include the following warning clauses in all Agreements of 38. Purchase and Sale or Lease or Occupancy for the relevant units, as outlined in the Environmental Noise Impact Study, prepared by dBA Acoustical Consultants Inc. (dated January 2021), and that they also be included in the condominium agreement: • Block 1 (Unit 1) “Purchasers/tenants are advised that sound levels due to the adjacent facilities are required to comply with sound level limits that are protective of indoor areas and are based on the assumption that windows and exterior doors are closed. This dwelling unit have been supplied with a ventilation/air conditioning system which has allowed windows and exterior doors to remain closed.” • Block 1 (Unit 1) and Block 6 (Unit 36) “Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road dwelling the of some with activities occasions on may traffic interfere occupants as the sound levels exceed the Ministry of the Environment, Conservation and Parks' noise criteria.” “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor the of Ministry the and are the within levels sound Municipality’s Environment’s noise criteria.” Page 16 of 19 Page 248 of 769 5 • All Units “This dwelling unit has been fitted with a forced air heating system and the ducting etc., was sized to accommodate central air conditioning. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the criteria of the Municipality’s and the Ministry of Environment Conservation and Parks. (Note: The location and installation of the outdoor air conditioning device should be done so as to minimize the noise impacts and comply with criteria of MECP publication NPC-300 as required).” The developer submits revised drawings to address Regional comments related to the 39. works proposed for the site for review and approval by Niagara Region. That the following warning clause be included in the condominium agreement: “The owner 40. agrees to include a clause in all Offers and Agreements of Purchase and Sale or Lease to advise occupants that access to and from the site may be difficult at times due to traffic in the area.” The developer dedicates 6.0 metre x 6.0 metre daylighting easements on either side of the 41. site entrances from Montrose Road (Regional Road 98). Road) (Montrose 98 Road Regional the road construction any to prior That 42. within allowance, the owner shall obtain the required Regional Construction Encroachment and Entrance Permits from Niagara Region’s Transportation Services Division, Public Works Department. The developer provides a written acknowledgement to Niagara Region stating that draft 43. approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. The owner submits a written undertaking to Niagara Region that all offers and agreements 44. of Purchase and Sale, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this development will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. 45. That prior to approval of the final plan or any on-site grading, the developer shall submit a detailed stormwater management plan for the vacant land of condominium and the following plans designed and sealed by a qualified professional engineer in accordance with entitled documents Parks and Conservation the the of Ministry Environment, Stormwater Management Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region for review and approval: a. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; b. Detailed erosion and sedimentation control plans. That the condominium agreement between the developer and the City contain provisions 46. whereby the owner agrees to implement the approved plan(s) required in accordance with the above condition. Page 17 of 19 Page 249 of 769 6 47. In order to accommodate Regional waste collection services, the developer is required to submit Regional waste collection truck turning templates for review and approval. The developer shall comply with Niagara Region’s Corporate Policy for Waste Collection 48. and complete the Application for Commencement of Collection and Indemnity Agreement. That the following clause be included in the Condominium Agreement and inserted into all 49. offers and agreements of Purchase and Sale or Lease for each of the affected dwelling units: to order in advised are 2 that 1 units townhouse and of “Purchasers/Tenants a. accommodate Regional Waste Collection Services, waste and recycling containers will need to be brought to designated waste collection pads on the required collection day.” 50. That the condominium agreement between the developer and the City contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Notes: •Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. •Prior to final approval for registration, a copy of the executed Condominium Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution. •Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports can be sent directly to the Region with a copy provided to the local municipality. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1-3 (inclusive) - Legal Services for Condition 4 & 5 - Parks Design for Conditions 6-9 (inclusive) - City’s Transportation Services for Condition 10 - Municipal Works Department for Conditions 11-18 (inclusive) Page 18 of 19 Page 250 of 769 7 - Fire Services for Conditions 19-23 (inclusive) - Bell Canada for Condition 24-26 (inclusive) - Enbridge Gas for Condition 27-29 (inclusive) - Canada Post for Conditions 30 (inclusive) - Region of Niagara for Conditions 31-50 (inclusive) Page 19 of 19 Page 251 of 769 Address: No municipal address, Montrose Road The Applicant: Niagara Property Corp. (Amar Mohamed)Agent: Joseph Plutino Proposal: To permit the creation of 83 townhouse dwelling units in 14 blocks serviced by common elements including private lanes, pedestrian walkways, and visitor’s parking. Draft Plan of Vacant Land Condominium & Zoning By-law Amendment Application 26CD-11 -2021-002 & AM-2021-009 Page 252 of 769 A GREAT CITY…FOR GENERATIONS TO COME Background •The applicant has requested approval for a draft plan of vacant land condominium and zoning by-law amendment for a 1.8-hectare ( 4.4 acre) parcel of land. •The subject land is designated Major Commercial in the City’s Official Plan. Residential uses may be permitted. •The subject land is zoned Residential Apartment 5C Density (R5C (H)-912), in part, and Shopping Centre Commercial (SC-653), in part. •The applicant is requesting the land be rezoned to a site specific R5C zone and the removal of the Holding provision. Page 253 of 769 A GREAT CITY…FOR GENERATIONS TO COME Location Page 254 of 769 Open House A GREAT CITY…FOR GENERATIONS TO COME •An open house meeting was held on August 9,2021.There were no comments received and no public attendance.Page 255 of 769 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development is in conformity with the Major Commercial designation which permits residential uses that are compatible with the adjacent commercial development; •The proposed development will provide a medium density townhouse complex with walkable access to recreational amenities,learning facilities and a commercial plaza; •The proposed development will make use of exiting infrastructure and available transit.Page 256 of 769 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Minimum maneuvering aisle 6 m (Required: 6.3 m) Minimum Front Yard Depth 0 m (Required: 6 m) Maximum lot coverage 38.2 % (Required: 30 %) Minimum Rear Yard Depth- 6 m (Required 7.5 m) Minimum Interior Side Yard Width 5.2 m -Unit 1 (Required 7 m) Parking Regulation 1.25 spaces/unit (Required: 1.4 spaces/unit)Page 257 of 769 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as modified and recommended in report PBD-2024-08 RecommendationRecommendation Page 258 of 769 Cascades of Niagara ZONING BY-LAW AMENDMENT | FILE #: AM-2021-009 PLAN OF VACANT LAND CONDOMINNIUM | FILE #: 26CD-11- 2021-002 Page 259 of 769 Location Charnwood Park John N Allan Park MacBain Centre Commercial Uses Proposed Residential Page 260 of 769 83 Townhouses –Land Condominiums Page 261 of 769 Typical Townhouse Street Elevation Traditional and Contemporary Architectural Designs Model Townhouse units: Blks 1-6 = 1,800 sq ft; Blks 8,9, 12, 13 = 1290 sq ft; Blks 7, 10, 11, 14 = 1350 sq ft; 83 new homes near to parks, a community center, shopping, and schools.Page 262 of 769 Planning Justification The planning merits of the proposal: The proposal will provide 83 Townhomes within an urban intensification area which is consistent with the Provincial Policy Statement and in conformity with the Provincial Growth Plan. The proposal conforms with the policies of both the Region and City Official Plans. The Bylaw permits townhomes and with the proposed amendments the vacant land condominium will conform. The development proposal represents good planning as it is considerate of abutting developments and Natural Heritage Features.Page 263 of 769 Thank You Page 264 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 AM-2021-009 Zoning By-Law Amendment Application 26CD-11- 2021-002 Plan of Vacant Land Condominium Montrose Road north of McLeod Road Part of Stamford Township Lots 163 and 170 Part 29, 59R- 14189 Part 1, 59R-14189 Applicant Niagara Property Corp (Amar Mohamed) Agent Joseph Plutino (Mainline Planning Services) Dear Council and OLT (if the need arises); As per the Planning Act Participation in public meeting (14.2); Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6); These are my written representations. I have reviewed the information presented on the agenda of March 19, 2024 and recommend council not approve the ZBA as per staffs recommendations with the following concern(s). The proposal does not provided acceptable provisions and assurances for affordable housing. I further include the following documents for council and OLT (if the need arises) to consider when making their decision. Should Council not understand the significance of the following information in relations to the proposed amendment they are free to inquire. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 265 of 769 2 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-01 Monday, March 18, 2024 Niagara Falls Housing progress Dear Council, and residents of Niagara Falls, A recent news article (TV) indicated that Niagara Falls Failed to meet its housing quota this year. About the housing tracker Ontario has set a goal of building at least 1.5 million homes by 2031 and has assigned the province’s 50 largest municipalities with housing targets to help meet this goal. The province is encouraging municipalities to meet their targets through the creation of the $1.2 billion Building Faster Fund, which rewards municipalities that reach at least 80% of their annual target with funding, with bonus funding for municipalities that exceed their targets. This council is responsible for failing to meet this quota and subsequently has lost and is on track to continuously lose the residents of Niagara Falls millions of dollars in provincial grant money by doing so. This is a program that has an end, if this Council does not reach those goals the city is cut off from millions of dollars from the province. I request this Council do something in their power to make sure we reach those goals. Direct staff to bring a report back, put clauses into ZBA and OPA, do something other than sitting around doing nothing. Page 266 of 769 3 You are costing me and others increased taxes and service fees because you are failing to do your jobs. You have a CAO pleading his heart out trying to scrounge up $240K from the Fire Department to direct towards other services, and yet you're allowing millions of dollars to fly out the door. St. Catharine just got 10X that amount! Our neighborhood municipalities have gotten their act together, what's your problem? The council's lack of effort is disgraceful, if I was on that council I would be all over finding a solution to this. Instead of spending time in the next council meeting congratulating council Strange, let me save you some council time. Congratulations councilor Strange, wonderful lifetime achievement, we are all really proud of what you have done for our community, keep up the good work. And I am sincere about that, despite my being council's critic. Page 267 of 769 4 Now please spend time figuring out a solution to this issue. Act like business persons and treat this city like a business. As a successful business person of 30+ years it truly pains me to see this council acting the way they do. Running this city is not some show and tell game, it is serious work, do your self promoting elsewhere. Act like leaders and just jailbreak the thing. (from the Riddick movies). You can pawn-off the blame to someone or something else, but if someone really wants something bad enough, they will find a way to get it. Other local municipalities have done it. It appears this council doesn't care enough. The residents of Niagara Falls will know of this council's failures when it matters. It will not be allowed to be forgotten. Updated reports will be provided on the status of this council's failure to meet this quota. Several are below. Page 268 of 769 5 As of 3/11/2024 the Ontario Newsroom website has just released this announcement. https://news.ontario.ca/en/release/1004287/ontario-rewards-st-catharines-with-more-than- 23-million-for-making-progress-toward-2023-housing- targets?utm_source=Greater%20Niagara%20Chamber%20of%20Commerce%20Subscri bers&utm_campaign=5bdb22b149-DAILY-UPDATE-JANUARY- 3_COPY_01&utm_medium=email&utm_term=0_a9d7633c2c-5bdb22b149- 111624306&mc_cid=5bdb22b149&mc_eid=5cd4da0dc1 News Release Ontario Rewards St. Catharines with More Than $2.3 Million for Making Progress Toward 2023 Housing Targets Page 269 of 769 6 Page 270 of 769 7 Page 271 of 769 8 Page 272 of 769 9 Page 273 of 769 10 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Secret Cabinet Report University of Niagara Falls Student Housing Dear Cabinet Members, The preliminary investigation into the accusations that the University of Niagara Falls is not providing adequate housing support for its students has been completed. Background; An informant familiar with the housing placement process of post graduate facilities informed a member of the cabinet of certain concerns regarding that the University of Niagara Falls was not providing such services, subsequently an investigation into the matter was initiated. The following is the result of that investigation. The informant, whose identity shall remain anonymous, presented hearsay evidence which suggests it may be a common practice for such facilities to engage “headhunters” to recruit perspective students. In some cases, the families would liquidate their life savings to provide their child with such opportunities. It was suggested several incentives were forwarded to encourage such behavior, these were a hope of a better lifestyle, possibly residency and assistance upon arrival to Canada by their education provider. These matters are beyond the scope of this investigation but do draw attention to the concern that these facilitators may be pressured by these post graduate facilities into providing false information as to the services that will be available upon arrival in Canada. Page 274 of 769 11 What does fall within the scope of this investigation is the actual service the University of Niagara Falls does provide. Both an online and in-person investigation has demonstrated a concerning lack of available services. The in-person investigation involved walking into the main floor office of the University of Niagara Falls located on Queen St. Niagara Falls and requesting what services the University provided for landlords to connect with perspective student tenants. An employee, who was observed to be unearthly skilled at smiling and having a cheery disposition, provided a notepad to which contact information could be provided and sometime later the applicant would be contacted. Several days later the following email was received. It was responded to by the following email. Page 275 of 769 12 No reply was returned. Further investigation indicates 4stay is merely a typical rental portal, no different than Airbnb, Marketplace or the Kijiji websites. It has been concluded that the 4stay method of student housing placement is universal and does not constitute a housing placement program supplied by the University of Niagara Falls. The online investigation involved searching the University of Niagara Falls website itself. Page 276 of 769 13 It was determined that the University of Niagara Falls does not provide a housing placement program but merely links to third party providers. 4stay was one such “approved” provider, as was SpacesShared and Homestay. A student application was completed for SpacesShared with the result being that no services were available. The account screenshot is below. As for Homestay, the application process was so daunting that the process could not be completed. Furthermore, their “rules” appear to be discriminatory and a violation of the Charter of Right as indicated below. In conclusion, it is the determination of this investigation that the University of Niagara Falls does not provide a student placement program. In essence they have “pawned off” such a responsibility by providing links to services whose ability to provide such services is suspect. Page 277 of 769 14 Although not part of the investigation, it is worth mentioning the University of Niagara Falls is known to receive endorsement and support from the City of Niagara Falls and the Niagara Falls Ryerson Innovation Hub, amongst others. During a past budget council meeting, the Niagara Falls Opposition Shadow Cabinet alerted the council that they were approving services funded by the city to the University of Niagara Falls, an organization alleged to not be providing a student housing service. The “advice” appears to have been disregarded and leaves suspect councils' ability to investigate concerns brought before them. It is recommended that this report be made public and forwarded to the Authorities Having Jurisdiction with a request to pursue a more detailed investigation. Page 278 of 769 15 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 City of Niagara Falls Affordable Housing updated Report 488 Days 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, 488 days Council Members, 488 failures ... Page 279 of 769 16 Page 280 of 769 17 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Mayor Diodati comments concerning Development Downtown updated Report 807 Days Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "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." [3] "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." [4] 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. [5] 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. [6] It has been 807 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 281 of 769 18 Page 282 of 769 19 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-02 Monday, March 18, 2024 Code of Conduct - Procedural Policy change request Dear Council, and residents of Niagara Falls, It has for some time now been a concern of mine that the Mayor and in some cases councilors and staff discuss personal matters relating to staff and others during council meeting. Notwithstanding that this appears hypocritical to the city's policy that members of the public cannot discuss staff relations, it also reveals personal information to the entire world. The meetings are published. This council is revealing not only staff's birthdays, death of relatives, etc. but that of other public members also. In this society where people prey on others, do you not realize that it is not appropriate to provide this type of personal information? Furthermore, I, for one, do not appreciate the Mayor discussing the topic of dead people during council meetings and I would certainly suspect others do too. He ought to, and needs to know, that this is not welcomed. City council meeting are not obituaries announcements, that's what newspapers are for. It is not the council's mandate to discuss matters that are not related to council matters. Discussing dead people is not a council matter. As well, the costs of discussing such matters can be unforeseen. Page 283 of 769 20 Take councilor Campbell discussing personal matters about the former BIA director during a council meeting. I understand you can't elaborate on the matters, but the fact is, it didn't create a positive environment for the city, council, or the director. This council has total disregard for other's personal privacy. If just one person is subjected to harassment because of your actions, it will be one to many. Councilor Strange was of the option that seconds could make a difference during a fire dispatch call, although self-admitting his is not an expert on the matter, council still agreed with him. I am not an expert on whether revealing personal staff data to the public can compromise their safety or possessions, but not revealing such information could make the difference between someone being harassed or not. It is foolish to think that it could not happen. This council should agree with me. You read stories all the time when scammers harasses the loved one of the recently deceased. I request this council discontinue publishing any personal details of anyone during council meetings. I request this council ask the integrity commissioner if they can be held liable for doing so and report this information back during a council meeting. I have already asked the IC if I can ask such questions and the answer was only council can ask. It would be an expensive question for all parties if someone other than council decided to question it through the Code of Conduct process. I appreciate the Mayor's good intentions, but quite frankly, he is broadcasting persons public information. He is also not promoting the policy that staff relations are not to be discussed during council meetings. I request this council amends the latter policies to direct that no personal information (or specific personal information as the case may be) shall be presented during council meetings by the Mayor, council or staff members. Doing so, or allowing it to be done, (in the case of a staff member) constitutes a violation of the Code. Page 284 of 769 21 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 285 of 769 PBD-2024-09 Report Report to: Mayor and Council Date: March 19, 2024 Title: AM-2023-019 Zoning By-law Amendment 26CD-11-2023-002 Draft Plan of Vacant Land Condominium Montrose Rd, north of McLeod Rd, across from Kinsmen Crt Applicant: Gemini Corporation (John Georgakakos) Agent: Arcadis (Carmela Agro) Recommendation(s) That the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report. That the Plan of Vacant Land Condominium be draft approved, subject to the conditions contained in Appendix A; That the Mayor or designate be authorized to sign the Draft Plan of Vacant Land Condominium as "approved" 20 days after Notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; That Draft Plan approval be given for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council; and; That the Mayor and City Clerk be authorized to execute the Condominium Agreement(s) and any required documents to allow for the future registration of the Condominium(s), including easements granted over City land, when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary Arcadis has submitted an application for Zoning By-law Amendment and concurrent Draft Plan of Vacant Land Condominium application on behalf of Gemini Corporation for the lands on the west side of Montrose Road, north of McLeod Road that are opposite Kinsmen Court. The appllicaitons will facilitate the development of 91 block townhouse dwelling units on a private road by way of vacant land condominium. Staff recommend approval of the application for the following reasons: Page 1 of 22 Page 286 of 769  The proposed development is consistent with Provincial, Regional, and City policies, and will ensure compliance with Zoning By-law No. 79-200, as amended; The proposed development is within an existing built-up area, is contiguous to existing development, will assist with achieving the minimum residential intensification target, and will contribute 91 units to the residential housing supply in the City;  The requested site specific residential zone, with Staff’s modifications maintains appropriate regulations for the proposed dwelling types and ensures the proposed development will be compatible with surrounding properties, The proposed development will be compatible with surrounding land uses, and will not impact the natural heritage features located on the adjacent lands  The Holding provisions included in the proposed zoning in Appendix A will ensure that development does not proceed until issues related to noise, access and the contribution to the achievement of the City's affordable housing target are met; and,  City, Regional, and agency interests will be addressed through the satisfaction of the conditions contained in Appendix B. Background Proposal Arcadis has submitted an application for Zoning By-law Amendment and concurrent Draft Plan of Vacant Land Condominium application on behalf of Gemini Corporation for the lands on the west side of Montrose Road, north of McLeod Road that are opposite Kinsmen Court. The subject lands, as detailed on Schedule 1, are approximately 2.28 hectares (5.6 acres) in size. The application will facilitate the development of 87 block townhouse dwelling units, on a private road and common elements, including visitor parking spaces and landscape areas, as detailed on Schedule 2. The original application for 91 block townhouse has been modified to address comments from Staff and agencies regarding access and parking. The modifications resulted in the requirement to remove 4 units from the plan to accommodate the modified access and parking at a ratio of 1.25 spaces per unit. The land is zoned Residential Apartment 5C (R5C(H)-912), under By-law 79-200. The applicant is requesting to place the land under a new site specific R5C zone to permit reduced minimum front yard depth, rear yard depth, interior side yard width, privacy yard depth, minimum number of parking spaces and parking access aisle width, increased maximum building height and maximum lot coverage and to designate the property a Class 4 Noise Area pursuant to MECP Publication NPC-300. Page 2 of 22 Page 287 of 769 Site Conditions and Surrounding Land Uses The subject lands are located on the west side of Montrose Road. The site is irregularly shaped, vacant and has limited vegetation. Surrounding land uses include:  North – Charnwood Park and single detaced dwellings on Charnwood Avenue  South – Vacant residential land.  East – Apartment building containing retirement community and senior’s apartments  West – Charnwood Park Circulation Comments Information regarding the Application for Zoning By-law Amendment and Draft Plan of Vacant Land Condominium application was circulated to City divisions, the Region, and agencies for comment. The following summarizes the comments received to date:  Building Services, Legal Services and GIS Services o No concerns. o Legal services provided requirements for registration. o GIS services provided comments related to addressing. o Building services advised that building permits and adherence to the building code would be required in the future.  Fire Services & Municipal Works (Development Services) o No concerns, subject to the satisfaction of respective Conditions contained in Appendix B.  Bell Canada, Niagara Peninsula Conservation Authority & Enbridge o No concerns, subject to the satisfaction of respective Conditions contained in Appendix B.  Senior Manager, Long Rage Planning Initiatives o Several comments and recommendations related to the review of the Landscape Plan that will be addressed through the subsequent site plan process. o Standard conditions for parkland dedication and financial compensation for street tree removal.  Municipal Works (Transportation Services) o Recommend that 1.25 parking spaces per unit be provided. Page 3 of 22 Page 288 of 769 o Recommend removing the split in the driveway on the site to permit all private driveways to be a minimum of 6.0 m long. Several recommendations are made to improve the visitor parking area. Note that these comments were addressed with the revised site plan. o Construction of sidewalk within Montrose right of way to connect with the existing sidewalk south of Charnwood Avenue is required as a condition of approval.  Niagara Region o Staff require revisions to the plan to address concerns with the northern access to Montrose Road. The site plan has been modified to address this comment and is currently under review by the Region. Staff are recommending that a Holding Provision be added to the zoning to ensure that Regional concerns with respect to the entrance and noise study are addressed. o Staff require an updated noise study to address additional information requirements and the need for a Class 4 designation. o Recommended conditions of approval to address comments related to other comments. Neighbourhood Comments A neighbourhood open house was held in a hybrid format on March 4, 2024 and was attended by the applicant’s agent and Planning Staff. No members of the public attended the open house and no comments from the public have been received to date. 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 (Growth 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;  The proposed development is located within the Settlement Area and Delineated Built-up Area, assists with meeting the minimum intensification target and diversifying the range of housing options available to residents, and encourages the efficient use of land and infrastructure; and,  The conditions of Draft Plan approval will facilitate the development of the land in a manner that is compatible with the adjacent commercial uses and maintains appropriate levels of health and safety. Page 4 of 22 Page 289 of 769 2. Regional Official Plan (2022) The subject lands are designated Delineated Built-up Area in the Regional Official Plan. The proposed development conforms as follows:  The proposal will contribute to the City’s minimum residential intensification target of 50% as set out for the Built-Up Area;  The proposal will contribute to the range and mix of housing types and unit sizes available to residents; and,  The proposal promotes the efficient use of urban land and infrastructure 3. City’s Official Plan The subject lands are designated Major Commercial in accordance with the City’s Official Plan. Residential development projects are permitted on lands designated Major Commercial subject to approval of a zoning by-law amendment. The subject lands were rezoned to their current site specific Residential Apartment 5C (R5C) zoning in accordance with recommendations contained in Report PD-2010-50 in June 2010. The development of the subject lands for residential purposes complies with the Official Plan for the following reasons:  The lands are surplus to commercial need and cannot be incorporated into the commercial development at Montrose and McLeod Roads due to the limited depth of the land. As such, multiple unit residential development is more appropriate.  Residential units at this location will support the commercial uses to the south.  The height and density permitted in the R5C Zone conforms to Official Plan policies that direct this form of development to locations in close proximity to Major Commercial districts.  The development has direct access to an arterial road network and transit system.  Commercial development and lower density development will not be adversely impacted by medium density residential development at this location.  The proposed development contributes to the achievement of the City’s intensification target through construction of 91 townhouse dwellings within the built-up area.  The proposal will facilitate the development of block townhouses in an area that is suitable for intensification and that will contribute to a complete community.  The surrounding transportation network can support the proposed development and the development will improve active transportation through the construction of a sidewalk along the Montrose Road frontage; and,  A Holding Provision is proposed that will not be lifted until the applicant has demonstrated how the proposal will assist the City with the achievement of their targets for affordable housing. To date, the applicant has not indicated that affordable housing will be provided and insufficient information has been submitted on how the proposal will assist in meeting the City's targets. The Page 5 of 22 Page 290 of 769 Holding Provision will ensure the proposal conforms with the housing policies in Part 1, Section 4.4 of the Official Plan. 4. Zoning By-law No. 79-200 The land is zoned Residential Apartment 5C (R5C(H)-912), under By-law 79-200. The applicant is requesting to place the land under a new site specific R5C zone to permit the proposed block townhouse dwellings with site specific regulations. The changes to the standard R5 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 7.5 metres+ 13.1 metres from the centerline of Montrose Road 3.0 metres + 13.1 metres from the centerline of Montrose Road 2.5 metres from front face of building to private street Minimum rear yard depth 7.5 m 4.0 metres (to dwelling) Minimum interior side yard width One-half the height of the building 2.0 metres (southerly yard) 3.0 metres between end walls of dwellings Maximum height of building or structure 10 metres 13 metres Minimum privacy yard 7.5 metres 3.0 metres Minimum number or parking spaces 1.4 spaces per unit 1.25 spaces per unit Minimum maneuvering aisle 6.9 metres 6.0 metres The requested zoning is appropriate for the following reasons:  The use of the regulations for the R4 Zone for block townhouse dwellings at the subject site which is zoned R5C is appropriate given the R4 Zone regulations are intended for block townhouses  The requested reduction in the R4 regulations for townhouses regarding required front yard depth, rear yard depth, interior side yard width and privacy yard depth are supported as suitable setbacks are being maintained, an acceptable building envelope remains, and it facilitates a compact urban form.  The requested increase in maximum building height is appropriate as it provides for a transition between higher density building forms in the area and the established residential neighbourhood. Page 6 of 22 Page 291 of 769  The requested reduction in parking is appropriate as it is justified by a parking impact study and it is the same as that of many other developments in the City.  The reduction of the maneuvering aisle to 6 metres is considered minor and still meets the requirement for the fire access route. Staff recommend that the amending by-law include the following deviations from the requested zoning:  A reduction in the front yard setback to 3.0 m is proposed to bring the dwellings closer to Montrose Road and to locate amenity areas internal to the development. This reduction will also eliminate the need for a large noise fence along Montrose Road under Provincial guidelines and ensure a pleasing streetscape is provided. A minor adjustment to the site drawing will be necessary.  The applicant requested that the a Class 4 Noise designation be applied to the site through the zoning by-law amendment to address the recommendations of the Noise Study. Regional Staff have noted concerns with the methodology that led to the requirement for a Class 4 designation and have instead requested a condition of approval be added to require an update to the noise study. Staff are not recommending the addition of a Class 4 designation pending the results of the updated noise study. A Class 4 designation should only be applied if other noise mitigation measures have been explored and found to be insufficient. If a Class 4 designation is still required after the noise study is updated, the Class 4 designation can be added to the property through the condominium agreement process. A Draft Plan condition has been added to this effect. In addition, a holding provision requires the submission of an updated noise study and the implementation of appropriate noise mitigation measures.  A holding provision that requires approval from the Region for the northerly site access. The revised site plan that addresses this has been submitted and is under review by the Region.  A holding provision that requires the applicant to demonstrate conformity with the City’s Affordable Housing policies. Namely, to demonstrate how the proposal will contribute to the achievement of the City’s affordable housing target in accordance with Policy 4.4 (b) of the City's Official Plan. A Draft Zoning By-law is included as Appendix A. 5. Condominium Design and Conditions of Approval The Draft Plan of Vacant Land Condominium (Schedule 2) proposes to divide the subject lands into 87 “units” of land which can be sold much like lots or blocks in a typical Plan of Subdivision, for which building permits can then be issued. Units 1 to 87 (inclusive) are reserved for the development of 87 block townhouse dwelling units. The units each contain the dwelling unit, the private rear yard terrace and the entirety of the driveway to each unit. An Exclusive Use Area is not provided. The Page 7 of 22 Page 292 of 769 balance of the plan is the Common Elements Area. The Common Elements Area contains landscaping, the private road, sidewalks and visitor parking. The owner will be required to clear conditions of draft plan approval and enter into a condominium agreement with the City prior to registering the final condominium plan. The proposed conditions of Draft Plan Approval are attached to this report at Appendix B. The servicing strategy developed for the site requires grading and the installation of of storm sewers and catchbasins within the City owned land to the west (i.e. Charnwood Park). Condtions of approval have been included to ensure that the Owner/Developer obtain the necessary easements to undertake the construction and maintain the infrastructure. The work will be undertaken at the Owner/Developer's risk and cost. Municipal Works will negotiate a contribution towards the construction of a trail within Charnwood Park in return for the easement and will require that the developer replace trees removed within City lands at a ratio of 2:1. When considering a proposed Draft Plan of Condominium, Council shall have regard for the planning matters listed under Section 51(24) of the Planning Act. Subject to the conditions contained in Appendix A, the proposed development complies as follows:  The proposal satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act and is not considered premature;  Municipal services are available and capacity will be confirmed through conditions of Draft Plan approval;  The proposal conforms to the City’s Official Plan. Conformity with Official Plan policies for affordable housing will be assured through the application of a Holding provision to the zoning;  No concerns regarding the adequacy of school sites have been raised by the school boards;  There are no identified natural heritage / regulated features on the subject lands. Tree preservation and compensation will be addressed through conditions of Draft Plan approval;  The subject lands, as configured, are suitable for the proposed development;  The proposal will develop in a manner that is compatible with the nearby commercial uses and maintains appropriate levels of health and safety;  Adequate access will be provided from Montrose Road. The revised plan shows the northerly access to the site shifted southward, however this will need to be reviewed by the Region. A holding provision has been added to ensure that the Region of Niagara is satisfied with the adequacy of all accesses;  Pedestrian access will be improved through the extension of a municipal sidewalk across the frontage of the site to connect with the existing sidewalk south of Charnwood Avenue. The site plan also includes a sidewalk within the development. Page 8 of 22 Page 293 of 769  Site plan matters such as landscaping, servicing, grading, and lighting will be addressed through conditions of Draft Plan approval and through the concurrent condominium registration process; and,  Cash-in-lieu of parkland dedication will be collected through a condition of Draft Plan approval. Operational Implications and Risk Analysis Site grading requires construction within City property to the west of the subject site. The developer will be responsible for obtaining an easement for the works and will be responsible for obtaining appropriate insurance in accordance with City policy. Financial Implications/Budget Impact The proposed development will generate development charge contributions, cash-in- lieu of parkland dedication and property tax revenue for the City. Further, compensation for the removal of trees on the subject lands will occur in accordance conditions of approval. There are no other financial implications. Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. List of Attachments Schedule 1 Schedule 2 Appendix A - Draft By-law Appendix B - Montrose Conditions of Approval Written by: Matt Kernahan, Development Consultant Submitted by: Status: Andrew Bryce, Director of Planning Approved - 11 Mar 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 12 Mar 2024 Page 9 of 22 Page 294 of 769 Schedule 1 Location Map Page 10 of 22 Page 295 of 769 Schedule 2 Site Plan Page 11 of 22Page 296 of 769 CITY OF NIAGARA FALLS By-law No. 2024- A by-law to amend By-laws No. 2010-132 and No. 79-200, to permit in part the use of the lands for the development of 91 townhouse dwelling units. 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 Lands shall be identified as one parcel, known as Parcel R5C- XXXX 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The regulations governing townhouse dwelling on Parcel R5C–XXXX, shall be: (a) Minimum front yard depth For a townhouse dwelling 3.0 metres plus any applicable distance specified in section 4.27.1 (b) Minimum rear yard depth For a townhouse dwelling 4.0 metres (c) Minimum interior side yard width 2.0 metres 3.0 m between dwellings (d) Maximum height 13 metres (e) Minimum privacy yard 3.0 metres (f) Parking requirements 1.25 parking spaces per dwelling unit (g) Minimum maneuvering aisle dimensions for a 2.75 metre by 6 metre stall 6.0 metres (h) The balance of the regulations specified for a R4 use. Page 12 of 22 Page 297 of 769 2 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R5C(H) and numbered XXXX on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall: a) Provide detailed information that demonstrates how the proposal will conform with the City’s Affordable Housing policies to the satisfaction of the City . b) Provide an updated Noise Impact Study to the satisfaction of the City and Niagara Region. c) Implement Noise Mitigation Measures to the satisfaction of the City. d) Obtain approval from the Region of Niagara for the site accesses to Montrose Road. 10. The provisions of this by-law shall be shown on Sheet B5 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R5C(H) and numbered 912, to R5C and numbered XXX. 11. For the purposes of this By-law, none of the provisions of By-law No. 2010-132 shall continue to apply to Parcel R5C-XXXX. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1236 Refer to By-law No. 2024- Read a First, Second and Third time; passed, signed, and sealed in open Council this 19th day of March 2024. ............................................................. .......................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 13 of 22 Page 298 of 769 Appendix B Conditions of Draft Plan Approval 1. That the approval applies to the Draft Plan of Vacant Land of Condominium prepared by Arcadis, signed by J.D. Barnes Limited, and dated March 6, 2024, showing 87 units (1 to 87) for townhouse dwellings and common elements, including a private road, visitor parking spaces, servicing and utilities, and landscaped areas. Legal Services 2. That the Owner enters into a Condominium Agreement with the City, to be regis- tered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. 3. That the Owner submits a Solicitor’s Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the Condominium Agreement. Planning and Development Services 4. That the Owner/Developer provides four copies of the pre -registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 5. That the Owner/Developer submits to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation, and landscaping drawings to confirm zoning compliance. 6. That the Owner/Developer demonstrates to the City’s satisfaction, how the development will implement the City’s Housing Strategy and contribute to the achievement of the City’s annual affordable housing target in accordance with the Official Plan. 7. That the plans be revised to illustrate street townhouses along Montrose Road, including a front elevation and building entrance that faces Montrose Road with a driveway and rear yard amenity space internal to the site. 8. That the Owner/Developer addresses noise attenuation along the Montrose Road frontage to the satisfaction of the General Manager, Planning, Building and Development or their designate. Noise attenuation measures including landscaping and fencing are to be to the satisfaction of the General Manager, Planning, Building and Development or their designate. 9. That the developer obtain a permanent easement over the City’s property in favour of the condominium corporation for the rear yard swales, rear yard catch basins, drainage pipes, and related infrastructure and proposed regrading of the slope. All Page 14 of 22 Page 299 of 769 infrastructure within the easement will be the responsibility of condominium corporation, not the City. The permanent easement to be maintained regularly, and to consist of erosion protection. Compensation for the easement shall be determined through the condominium registration process and will include contribution to, or the construction of a trail on City lands and compensation for the removal of trees on City lands at a ratio of 2:1 (a tree survey will be required prior to the removal of trees). Should an easement not be obtained, the Owner/Developer will be required to provide a grading plan to address the transition in slope onto their lands to the satisfaction of the City. 10. That the Owner/Developer provides a Landscape Plan, prepared and stamped by a Landscape Architect (OALA), showing complete design and landscape information including but not limited to: fencing including fencing along the City’s property, entrance features, roadway greenspaces, streetscapes, trails, pathway connections, and tree protection and preservation. Fencing for City’s park to City standard s and meet approval of the Senior Manager, Long Range Planning Initiatives. Fencing type and dimensions to be shown consistently on all plans. Details of fencing plans to be provided for City approval. 11. That the Owner/Developer provide a Landscape Cost estimate to the satisfaction of the Senior Manager, Long Range Planning Initiatives. 12. Should any subdivision entry features be proposed, details of the features be provided to Parks Design for review along with cost estimates for initial construction and future repair/replacement of the features. NOTE: Subdivision entrance features are to be erected on lands to be dedicated to the City. 13. That the Owner/Developer construct a 1.8 m black viny chain link fence (with no gates) along all City property lines excluding lot frontages. 14. That the Owner/Developer provides a Parkland Dedication Calculation Plan demonstrating how parkland dedication, or cash-in-lieu thereof, will be accomodated / supplied through the future phases of development. 15. That the Owner/Developer enters into a Condominium Agreement to be registered on title, and that all warning clauses identified in these Conditions be included in any Purchase and Sale, Lease and Rental Agreements. Information Systems (GIS) 16. That the Owner / Developer submits a Spatial Unit Plan demonstrating that the numbers to be posted on the proposed dwellings for addressing purposes will follow a logical order. Page 15 of 22 Page 300 of 769 Fire Department 17. The Owner/Developer shall provide site servicing drawings showing the locations of any proposed and/or existing fire hydrants (private/public). 18. That the Owner/Developer acknowledges that the shared/combined fire protection and life safety systems will be considered ‘common element’ and will be the responsibility of the Condominium Corporation to maintain in accordance with the requirements of the Ontario Fire Code. 19. That the developer submit a site plan that demonstrates conformance with the requirements of the Ontario Building Code as it relates to fire access routes and access for firefighting. The site plan shall indicate the location of all required ‘No Parking’ signs in accordance with City of Niagara Falls By-law No. 2019-97. Municipal Works – Development Services 20. That the developer obtain a temporary grading easement to allow for movement of soil on City property. The temporary grading easement to be seeded as soon as possible to limit erosion. 21. That the developer will compensate the City for trees impacted by the grading easement at a ratio of 2 trees replaced for every tree impacted. 22. Any soils moved onto City property shall meet the requirements of O. Reg.406/19 and shall generally be classified through appropriate chemical and physical analysis to ensure they meet MECP Table 1 properties. Additional details on proposed quantities and grading shall be provided. 23. Drainage from the City’s property shall not be obstructed by the grading easement and shall be incorporated into the site design. 24. Should the applicant not successfully obtain an easement they will be required to contain all infrastructure and grading on their property and shall not trespass nor impact City-owned lands. 25. That the Owner/Developer design and construct the roadway within the development in accordance with City standards. 26. That the Developer ensure the existing municipal infrastructure will adequately service the development as proposed and all underground services within the development shall be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks and City standards. Page 16 of 22 Page 301 of 769 27. That the Developer pay the fee associated with the laterals installed to the property line during the Region’s Montrose Road Reconstruction project. 28. That lot grading be designed and constructed in accordance with City standards. 29. That the lighting design be prepared by a professional Engineer and lighting be independently powered and metered. 30. That the Developer provide to the City a functional servicing report, a stormwater management report, and all proposed site servicing, grading, erosion and sediment control, sanitary drainage area, storm drainage area, and photometric plans for review and acceptance prior to start of construction. 31. That the Developer pay the applicable development charges in place at the time of agreement execution and Building Permit issuance in accordance with the latest version of the Development Charges By-law. 32. That the Developer pay to the City the required fees in place at the time of agreement execution for administration in accordance with the latest version of the City’s Schedule of Fees. 33. That the Developer’s Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and are in accordance with the Niagara Peninsula Standard Contract Document and City construction specifications. Municipal Works – Transporation Services 34. That the Developer construct a 1.5m concrete sidewalk be constructed on Montrose Road alongside the subject lands to extend to the existing sidewalk south of Charnwood Avenue. Bell Canada 35. The Owner/Developer acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner/Developer further agrees and acknowledges to convey such easements at no cost to Bell Canada. 36. The Owner/Developer agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner/Developer shall be responsible for the relocation of any such facilities or easements at their own cost. Page 17 of 22 Page 302 of 769 Note: The Owner/Developer is to provide Bell Canada with servicing plans/CUP at their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of communication/telecommunication infrastructure needed to service the development. Note: It is the responsibility of the Owner/Developer to provide entrances/service duct(s) from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner/Developer may be required to pay for the extension of such network infrastructure. Note: If the Owner/Developer elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. Canada Post 37. That the Owner/Developer shall include in all offers of purchase and sale, a statement that advises the prospective purchaser: A. that the home/business mail delivery will be from a designated Centralized Mail Box; and B. that the Developers/Owner is responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. 38. That the Owner/Developer agrees to: A. work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision/development; B. install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes; C. identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision/development; and D. determine the location of all centralized mail receiving facilities in co - operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards, and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. Page 18 of 22 Page 303 of 769 Enbridge Gas Inc. 39. The applicant shall use the Enbridge Gas Get Connected tool to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping and/or asphalt paving. 40. That the Owner/Developer acknowledges that if a gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the Owner/Developer. 41. That the Owner/Developer acknowledges that in the event that easement(s) are required to service this development, and any future adjacent developments, the Owner/Developer will provide the easement(s) to Enbridge Gas Inc. at no cost. Niagara Region 42. That the following warning clause is included within the Condominium Agreement to protect for any potential archaeological resources that may be encountered during construction activities: “Should deeply buried archaeological remains/resources be found during construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Citizenship and Multiculturalism (416-212-8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326- 8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry of Citizenship and Multiculturalism should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 43. That the Noise Impact Report, prepared by IBI Group (dated September 2022) be updated to the satisfaction of Niagara Region and that the approved mitigation measures and warning clauses be implemented through appropriate clauses in the condominium agreement between the applicant/owner and City of Niagara Falls and the warning clauses be inserted into all agreements of purchase, sale, rental and/or lease. Page 19 of 22 Page 304 of 769 44. That prior to any construction within the Regional Road 98 (Montrose Road) road allowance, the owner shall obtain the required Regional Construction Encroachment and/or Entrance Permits from Niagara Region’s Transportation Services Division, Public Works Department. 45. That engineering drawings for all works within the Regional road allowance are to be submitted for review and approval by Regional staff. 46. That the owner dedicates a 6metre x 6metre easement daylight triangle at the main entrance to the site and Montrose Road (Regional Road 98) to the Niagara Region. 47. That a revised Traffic Impact Study be submitted to address transportation comments and site access is to be submitted for review and approval by Regional staff. 48. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan for the vacant land of condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Conservation and Parks documents entitled Stormwater Management Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region for review and approval: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; b) Detailed erosion and sedimentation control plans. 49. That the condominium agreement between the owner and the City contain provisions whereby the owner agrees to implement the approved plan(s) required in accordance with the above condition. 50. That prior to final approval for registration of this plan of condominium, the owner shall submit engineering drawings for review and approval by the Region showing the connection to the existing laterals/mains with no disturbance to Montrose Road. 51. That the owner provides a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the Page 20 of 22 Page 305 of 769 plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 52. That the owner provides a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium shall contain a clause indicating that servicing allocation for the condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the owner and the City. 53. That prior to final approval for registration of this plan of condominium the Region is to confirm capacity of the sewershed. 54. That the owner comply with the requirements of Niagara Region’s Corporate Waste Collection Policy and complete the required Indemnity Agreement and commencement of collection form prior to Regional waste collection services commencing on-site. 55. That the condominium agreement between the owner and the municipality contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Niagara Peninsula Conservation Authority 56. That the Developer provide detailed grading, construction sediment and erosion control drawings to the Niagara Peninsula Conservation Authority for review and approval. The Owner agrees that all Sediment and Erosion Control Measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Notes: Prior to final approval for registration, a copy of the executed Condominium Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that copies of the draft Condominium Agreements be provided in order to allow for the incorporation of any necessary revisions prior to execution. Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that request for formal clearance of conditions are to be received and circulated to the Region by the City of Niagara Falls. The City of Niagara Falls is also responsible for circulating copies of the draft Page 21 of 22 Page 306 of 769 Condominium Agreements, and the Region is unable to provide a final clearance letter until the draft Condominium Agreements are received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports (one hard copy and a PDF digital copy) can be sent directly to the Region with a copy provided to the City of Niagara Falls. Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their applicable fees have been paid and their respective conditions have been satisfied: - Legal Services for Condtions No. 2 and 3 - Planning and Development Services for Conditions No. 4 to 15 (inclusive) - Information Systems (GIS) for Condtion No. 16 - Fire Department for Conditions No. 17 to 19 (inclusive) - Municpal Works – Development Services for Conditions No. 20 to 33 (inclusive) - Municipal Works – Transportation Services for Condtions No. 34 - Bell Canada for Conditions No. 35 and 36 - Canada Post for Conditions No. 37 and 38 - Enbridge Gas Inc. for Conditions No. 39 to 41 (inclusive) - Niagara Region for Conditions No. 42 to 55 (inclusive) - Niagara Peninsula Conservation Authority for Condtion No. 56 Page 22 of 22 Page 307 of 769 WS Montrose Road, Opposite Kinsmen Court Applicant: Gemini Corporation (Carmela Agro -Arcadis) Proposal:To permit 87 Block Townhouse Dwellings Draft Plan of Vacant Land Condominium & Zoning By-law Amendment Application AM-2023-019 & 26CD-11 -2023-002 Page 308 of 769 A GREAT CITY…FOR GENERATIONS TO COME Location SUBJECT LANDS Subject Site MacBain Centre Commercial Uses Charnwood Park Page 309 of 769 A GREAT CITY…FOR GENERATIONS TO COME Background •The subject lands are approximately 2.2 ha (5.6 acres) in size. •City previously approved Zoning Amendment to permit townhouses on site in 2010. •The applicant is proposing 87 block townhouses on a private road. •Applicant recently submitted revised plan to address comments from City and Region. •Revised plan includes 4 less units, more parking, eliminates noise wall along Montrose Road and modified internal private road and access to Montrose Road. Zoning By-law Amendment (ZBA) •Change the Zoning from R5C Zone to a new Site Specific R5C Zone. •Change Zoning Regulations for Townhouses to permit compact development. Vacant Land Condominium (VLC) •Creates 87 units that can be sold individually. •Establishes location for private road, visitor parking and common areas Page 310 of 769 A GREAT CITY…FOR GENERATIONS TO COME Site Plan –South Page 311 of 769 A GREAT CITY…FOR GENERATIONS TO COME Site Plan –North Page 312 of 769 A GREAT CITY…FOR GENERATIONS TO COME Elevations –Montrose Road Page 313 of 769 A GREAT CITY…FOR GENERATIONS TO COME Elevations –Internal to Site Page 314 of 769 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief –R5C-XX Reduce Rear Yard and Privacy Yard Depth Increase Max Lot Coverage: 45% Increase Max. Height: 13m Reduce Min. Parking: 1.25/dwelling unit (109 spaces) Reduce Interior Side Yard Reduce Front Yard Reduce access aisle width Page 315 of 769 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •An Open House was held on March 4th, 2024 •No members of the public attended the Open House •No Comments have been received from the public to date.Page 316 of 769 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the Zoning By-law Amendment to permit 87 townhouse dwellings with a maximum height of 13 m, reduced front, side, rear and privacy yards, reduced access aisle width, 1.25 parking spaces per unit and increased lot coverage; 2.That the amending zoning by-law include a Holding (H) provision to require: •An updated noise study •Implementation of noise mitigation to the satisfaction of the City •Review and approval of the northerly site access by the Region •Provision of detailed information that demonstrates how the proposal will conform with the City’s Affordable Housing policies to the satisfaction of the City •That the Plan of Vacant Land Condominium be draft approved, subject to the recommended conditions; Page 317 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 PBD-2024-09 AM-2023-019 Zoning By-law Amendment 26CD-11- 2023-002 Draft Plan of Vacant Land Condominium Montrose Rd north of McLeod Rd across from Kinsmen Crt Applicant Gemini Corporation Dear Council and OLT (if the need arises); As per the Planning Act Participation in public meeting (14.2); Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6); These are my written representations. I have reviewed the information presented on the agenda of March 19, 2024 and recommend council not approve the ZBA as per staffs recommendations with the following concern(s). The proposal does not provided acceptable provisions and assurances for affordable housing. I further include the following documents for council and OLT (if the need arises) to consider when making their decision. Should Council not understand the significance of the following information in relations to the proposed amendment they are free to inquire. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 318 of 769 2 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-01 Monday, March 18, 2024 Niagara Falls Housing progress Dear Council, and residents of Niagara Falls, A recent news article (TV) indicated that Niagara Falls Failed to meet its housing quota this year. About the housing tracker Ontario has set a goal of building at least 1.5 million homes by 2031 and has assigned the province’s 50 largest municipalities with housing targets to help meet this goal. The province is encouraging municipalities to meet their targets through the creation of the $1.2 billion Building Faster Fund, which rewards municipalities that reach at least 80% of their annual target with funding, with bonus funding for municipalities that exceed their targets. This council is responsible for failing to meet this quota and subsequently has lost and is on track to continuously lose the residents of Niagara Falls millions of dollars in provincial grant money by doing so. This is a program that has an end, if this Council does not reach those goals the city is cut off from millions of dollars from the province. I request this Council do something in their power to make sure we reach those goals. Direct staff to bring a report back, put clauses into ZBA and OPA, do something other than sitting around doing nothing. You are costing me and others increased taxes and service fees because you are failing to do your jobs. Page 319 of 769 3 You have a CAO pleading his heart out trying to scrounge up $240K from the Fire Department to direct towards other services, and yet you're allowing millions of dollars to fly out the door. St. Catharine just got 10X that amount! Our neighborhood municipalities have gotten their act together, what's your problem? The council's lack of effort is disgraceful, if I was on that council I would be all over finding a solution to this. Instead of spending time in the next council meeting congratulating council Strange, let me save you some council time. Congratulations councilor Strange, wonderful lifetime achievement, we are all really proud of what you have done for our community, keep up the good work. And I am sincere about that, despite my being council's critic. Now please spend time figuring out a solution to this issue. Page 320 of 769 4 Act like business persons and treat this city like a business. As a successful business person of 30+ years it truly pains me to see this council acting the way they do. Running this city is not some show and tell game, it is serious work, do your self promoting elsewhere. Act like leaders and just jailbreak the thing. (from the Riddick movies). You can pawn-off the blame to someone or something else, but if someone really wants something bad enough, they will find a way to get it. Other local municipalities have done it. It appears this council doesn't care enough. The residents of Niagara Falls will know of this council's failures when it matters. It will not be allowed to be forgotten. Updated reports will be provided on the status of this council's failure to meet this quota. Several are below. Page 321 of 769 5 As of 3/11/2024 the Ontario Newsroom website has just released this announcement. https://news.ontario.ca/en/release/1004287/ontario-rewards-st-catharines-with-more-than- 23-million-for-making-progress-toward-2023-housing- targets?utm_source=Greater%20Niagara%20Chamber%20of%20Commerce%20Subscri bers&utm_campaign=5bdb22b149-DAILY-UPDATE-JANUARY- 3_COPY_01&utm_medium=email&utm_term=0_a9d7633c2c-5bdb22b149- 111624306&mc_cid=5bdb22b149&mc_eid=5cd4da0dc1 News Release Ontario Rewards St. Catharines with More Than $2.3 Million for Making Progress Toward 2023 Housing Targets Page 322 of 769 6 Page 323 of 769 7 Page 324 of 769 8 Page 325 of 769 9 Page 326 of 769 10 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Secret Cabinet Report University of Niagara Falls Student Housing Dear Cabinet Members, The preliminary investigation into the accusations that the University of Niagara Falls is not providing adequate housing support for its students has been completed. Background; An informant familiar with the housing placement process of post graduate facilities informed a member of the cabinet of certain concerns regarding that the University of Niagara Falls was not providing such services, subsequently an investigation into the matter was initiated. The following is the result of that investigation. The informant, whose identity shall remain anonymous, presented hearsay evidence which suggests it may be a common practice for such facilities to engage “headhunters” to recruit perspective students. In some cases, the families would liquidate their life savings to provide their child with such opportunities. It was suggested several incentives were forwarded to encourage such behavior, these were a hope of a better lifestyle, possibly residency and assistance upon arrival to Canada by their education provider. These matters are beyond the scope of this investigation but do draw attention to the concern that these facilitators may be pressured by these post graduate facilities into providing false information as to the services that will be available upon arrival in Canada. Page 327 of 769 11 What does fall within the scope of this investigation is the actual service the University of Niagara Falls does provide. Both an online and in-person investigation has demonstrated a concerning lack of available services. The in-person investigation involved walking into the main floor office of the University of Niagara Falls located on Queen St. Niagara Falls and requesting what services the University provided for landlords to connect with perspective student tenants. An employee, who was observed to be unearthly skilled at smiling and having a cheery disposition, provided a notepad to which contact information could be provided and sometime later the applicant would be contacted. Several days later the following email was received. It was responded to by the following email. Page 328 of 769 12 No reply was returned. Further investigation indicates 4stay is merely a typical rental portal, no different than Airbnb, Marketplace or the Kijiji websites. It has been concluded that the 4stay method of student housing placement is universal and does not constitute a housing placement program supplied by the University of Niagara Falls. The online investigation involved searching the University of Niagara Falls website itself. Page 329 of 769 13 It was determined that the University of Niagara Falls does not provide a housing placement program but merely links to third party providers. 4stay was one such “approved” provider, as was SpacesShared and Homestay. A student application was completed for SpacesShared with the result being that no services were available. The account screenshot is below. As for Homestay, the application process was so daunting that the process could not be completed. Furthermore, their “rules” appear to be discriminatory and a violation of the Charter of Right as indicated below. In conclusion, it is the determination of this investigation that the University of Niagara Falls does not provide a student placement program. In essence they have “pawned off” such a responsibility by providing links to services whose ability to provide such services is suspect. Page 330 of 769 14 Although not part of the investigation, it is worth mentioning the University of Niagara Falls is known to receive endorsement and support from the City of Niagara Falls and the Niagara Falls Ryerson Innovation Hub, amongst others. During a past budget council meeting, the Niagara Falls Opposition Shadow Cabinet alerted the council that they were approving services funded by the city to the University of Niagara Falls, an organization alleged to not be providing a student housing service. The “advice” appears to have been disregarded and leaves suspect councils' ability to investigate concerns brought before them. It is recommended that this report be made public and forwarded to the Authorities Having Jurisdiction with a request to pursue a more detailed investigation. Page 331 of 769 15 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 City of Niagara Falls Affordable Housing updated Report 488 Days 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, 488 days Council Members, 488 failures ... Page 332 of 769 16 Page 333 of 769 17 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #02-25-2024-01 Monday, March 18, 2024 Mayor Diodati comments concerning Development Downtown updated Report 807 Days Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "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." [3] "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." [4] 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. [5] 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. [6] It has been 807 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 334 of 769 18 Page 335 of 769 19 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-11-2024-02 Monday, March 18, 2024 Code of Conduct - Procedural Policy change request Dear Council, and residents of Niagara Falls, It has for some time now been a concern of mine that the Mayor and in some cases councilors and staff discuss personal matters relating to staff and others during council meeting. Notwithstanding that this appears hypocritical to the city's policy that members of the public cannot discuss staff relations, it also reveals personal information to the entire world. The meetings are published. This council is revealing not only staff's birthdays, death of relatives, etc. but that of other public members also. In this society where people prey on others, do you not realize that it is not appropriate to provide this type of personal information? Furthermore, I, for one, do not appreciate the Mayor discussing the topic of dead people during council meetings and I would certainly suspect others do too. He ought to, and needs to know, that this is not welcomed. City council meeting are not obituaries announcements, that's what newspapers are for. It is not the council's mandate to discuss matters that are not related to council matters. Discussing dead people is not a council matter. As well, the costs of discussing such matters can be unforeseen. Page 336 of 769 20 Take councilor Campbell discussing personal matters about the former BIA director during a council meeting. I understand you can't elaborate on the matters, but the fact is, it didn't create a positive environment for the city, council, or the director. This council has total disregard for other's personal privacy. If just one person is subjected to harassment because of your actions, it will be one to many. Councilor Strange was of the option that seconds could make a difference during a fire dispatch call, although self-admitting his is not an expert on the matter, council still agreed with him. I am not an expert on whether revealing personal staff data to the public can compromise their safety or possessions, but not revealing such information could make the difference between someone being harassed or not. It is foolish to think that it could not happen. This council should agree with me. You read stories all the time when scammers harasses the loved one of the recently deceased. I request this council discontinue publishing any personal details of anyone during council meetings. I request this council ask the integrity commissioner if they can be held liable for doing so and report this information back during a council meeting. I have already asked the IC if I can ask such questions and the answer was only council can ask. It would be an expensive question for all parties if someone other than council decided to question it through the Code of Conduct process. I appreciate the Mayor's good intentions, but quite frankly, he is broadcasting persons public information. He is also not promoting the policy that staff relations are not to be discussed during council meetings. I request this council amends the latter policies to direct that no personal information (or specific personal information as the case may be) shall be presented during council meetings by the Mayor, council or staff members. Doing so, or allowing it to be done, (in the case of a staff member) constitutes a violation of the Code. Page 337 of 769 21 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 338 of 769 Montrose Road Townhouse Development, Niagara Falls Draft Plan of Vacant Land Condominium (26CD-11 -2023-002) Zoning By-law Amendment (AM-2023-019) Statutory Public Meeting March 19, 2024 Page 339 of 769 Agenda Property Location1 Development Proposal2 Building Elevations3 Public and Staff Comments4 Proposed Zoning By-law Amendment5 Summary and Overview6 Conclusion7 March 19, 2024 2© Arcadis 2023 Site Plan8 Page 340 of 769 CHARNWOOD PARK McLEOD ROAD JOHN N ALLEN PARK Property Location •Legal Description: PT TWP LT 163 STAMFORD PT 2 59R13537; CITY OF NIAGARA FALLS •Subject Lands Surrounding Area: •East –Montrose Road & QEW •West –Charnwood Park •North –Charnwood Avenue •South –McLeod Road © Arcadis 2023 3March 19, 2024Page 341 of 769 •87 Unit Townhouse Development; •Building 1-11 –3 Storey (2 & 3 Bedrooms) •Building 12-17 –2 Storey (3 Bedrooms) •109 parking spaces provided –1 space per unit plus 22 visitor spaces; •Area of Subject Lands: 2.28 ha; •Planning Applications: •Draft Plan of Vacant Land Condominium & Zoning By-law Amendment © Arcadis 2023 4 Development Proposal March 19, 2024Page 342 of 769 Building Elevations Building 12 –17 (Units 52-83) –2 Storeys Front View on Montrose Road © Arcadis 2023 5 Front View on Private Lane March 19, 2024Page 343 of 769 Building Elevations Building 3 –7 (Units 11-37) –3 Storeys © Arcadis 2023 6 Front View March 19, 2024Page 344 of 769 Building Elevations Building 1 & 2 –8-11 (Units 1-10, 38-51 & 84-87) –3 Storeys © Arcadis 2023 7 Front View March 19, 2024Page 345 of 769 Staff Comments •Transportation •Parking •Noise •Affordable Housing © Arcadis 2023 8 •Open House – March 4 •NonePublic Comments March 19, 2024Page 346 of 769 Staff Comment •Sight Lines at North Access •Vehicle making left turn from development requires 135m clear sight line. © Arcadis 2023 Transportation 9 Previous North Access Revised North Access March 19, 2024Page 347 of 769 Staff Comment © Arcadis 2023 Parking 10 •Staff supports 1.25 parking spaces per unit •Total 109 parking spaces •87 driveway parking spaces •22 visitor parking spaces in the parking areas located in the north and south portions of the subject lands. •Each unit also contains a garage space. March 19, 2024Page 348 of 769 Staff Comment •Noise barrier has been removed for the majority of units along Montrose; •Unit 10 will still require a noise barrier; •Outdoor living area will be relocated to face the private road; •Class 4 designation for stationary noise; •Holding zone and draft condition required for the updated Noise Impact Study. © Arcadis 2023 Noise 11March 19, 2024Page 349 of 769 Staff Comment •Housing Study recommends 40% affordable housing and 60% market; •This development proposal is providing market driven housing; •Holding provision has been added to allow further liaison / negotiations. © Arcadis 2023 Affordable Housing 12March 19, 2024Page 350 of 769 Proposed Zoning By-law Amendment •Site Specific Modifications are proposed to amend the R5C-912 Zone to implement the development proposal. © Arcadis 2023 13March 19, 2024Page 351 of 769 © Arcadis 2023 14 Summary Public Comments Staff Comments •None Overall •Transportation •Parking •Noise •Market Driven Housing •Consistent with PPS, Growth Plan, Niagara Region and City policies; •Will ensure compliance with the City’s ZBL; •Assists in the achieving the minimum residential intensification targets; •Compatible with surrounding land uses. March 19, 2024Page 352 of 769 © Arcadis 2023 15 •Council to Approve DP and ZBL as per staff’s recommendations; and •The removal of the holding provision for Traffic and Noise reports. Conclusion March 19, 2024Page 353 of 769 © Arcadis 2023 16March 19, 2024Page 354 of 769 CLK-2024-01 Report Report to: City of Niagara Falls Council Date: March 19, 2024 Title: Fee Waiver Applications - March 2024 Submissions Recommendation(s) 1.THAT Council approve, approve in part or deny the Fee Waiver applications received for the March 19, 2024 submission date, listed as follows: a. Wally Friesman & Knights of Columbus - Wally's Chippawa Cruise Night in the amount of $2,750 plus HST for the waiving of the costs associated with the use of the Chippawa Lions Park - parking lot.(half days x 22 days). b. OLMC YMCA Childcare Centre - YMCA Stronger Together - in the amount of $301.76 plus HST for the waiving of 1 hour of ice rental fees and 3 hours use of the Memorial Room at the Gale Centre. c. Niagara Falls Meals on Wheels - Souper Lunch/Fundraising Soup - in the amount of $200 plus HST for the waiving of the costs associated with the room rental at the Gale Centre. d. Chippawa Volunteer Firefighter's Association - Chippawa Volunteer Firefighters Annual Slo- Pitch Tournament - in the amount of $840 plus HST for the waiving of the costs associated with the baseball diamond rental for 6 fields. e. Chippawa Volunteer Firefighter's Association - Chippawa Car Show & Annual Street Dance - in the amount of $250 plus HST for the waiving of the cost of the parking lot for the full day of event. f. Birchway Niagara (Formerly Women's Place of Niagara) - Birchway Niagara Book Riot - in the amount of $9,002.10 plus HST for the use of the dry rink floor space at the Gale Centre for the duration of the event. g. Big Brothers Big Sisters - MacBain Community Centre (Upstairs meeting room) - in the amount of $8,970 plus HST, for the waiving of the fees to rent the upstairs meeting space from April to December. Page 1 of 80 Page 355 of 769 h. Heart Niagara - Cruising on the Q - in the amount of $4,707.06 + HST for the fees associated with the road closure and special event application fee waivers. i. Rotary Club of Niagara Falls Sunrise - Niagara Falls Ribfest - in the amount of $325.00 for the waiving of the license to operate fee. j. Chippawa Volunteer Firefighters Association - SPN Slo Pitch Championships - in the amount of $4,320 plus HST for the waiving of the dry floor fees for the Slo-Pitch National event at the Chippawa Arena. k. Niagara Falls Soccer Club - Niagara Falls Soccer Club 1st Annual Easter Egg Hunt - in the amount of $75.00 plus HST for the waiving of the park rental fee. (Added) 2. THAT Council approve, approve in part or deny a refund of fees already paid related to a Fee Waiver application received by Jewish Niagara – Simchas bais Hashoaiva in the amount of $812.96 + HST, for an event held in October 2023. Executive Summary Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: •Park permit fees •Rental of City Property •Road Closure Fees •Staffing costs outside normal operations Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to: •Registered charities •Arts and culture organizations Page 2 of 80 Page 356 of 769 •Athletic and social clubs •Service clubs •Neighbourhood groups and organizations, •School associations Staff continue to follow the approval process adopted by Council in 2023. In accordance with the Fee Waiver Policy, there will be two more opportunities in 2024 for community groups to submit requests for fee waivers, which will be considered for approval by Council in June and September 2024. Background CHANGE FOR FEE WAIVER REQUESTS: The changes in process, as adopted by Council at the February 28, 2023 Council Meeting, are as follows, 1) That Council consider Fee Waiver Requests three (3) times per year. The consideration dates would be March, June and September. By considering requests in a bundled fashion, Council will be able to better allocate their budget evenly across the calendar year and to organizations. If an organization misses an approval meeting, the organization can apply for a fee refund (or, in other words, pay the fee and then ask Council to refund all or a portion of the fees paid). 2) That Council consider the granting of partial fee waivers, for example approving a portion of a fee waiver request rather than always approving the full fee waiver. GRANT REQUESTS: Attached to this report are all fee waiver applications. Each application outlines a detailed event description, including dates, locations and other specifics pertaining to each request. Analysis Grant Requests These fee waiver requests amounts to a substantial portion of the total fee waiver budget that Council has, so this is a significant portion of the total budget for the first quarter of the year. Council can also consider some alternatives to the staff recommendation: Page 3 of 80 Page 357 of 769 1) Council can approve the full amount of the request understanding that additional requests may not be satisfied this year. 2) Council can approve a portion of the request currently and then if there is budgetary room later in the year consider a refund of the portion paid. Financial Implications/Budget Impact If all fee waiver applications received are approved in full, $31,740.92 be charged to the 2024 fee waiver operating budget and $812.96 will be charged to the 2023 fee waiver operating budget. The 2024 fee waiver applications being considered via this report total 62.2% of the total 2024 fee waiver budget, leaving 37.8% or $19,259.08 available for fee waivers to be considered in June and September 2024. A summary of the financial impacts is shown in the tables 1 and 2 below: Table 1 - 2023 Operating Budget Organization/ Event Fees Waived By Council(2023) 2023 Budget - Fee Waiver Requests $51,000.00 REQUESTS FOR CONSIDERATION Jewish Niagara - Simchas bais Hashoaiva $812.96 PREVIOUSLY APPROVED Women’s Place of Niagara – 44th Annual Book Riot $6,154.50 Stamford Centre Volunteer Firefighter’s Association (Business License Fees – 3 food trucks – motorized) 2023 Summer Season $630.00 Rotary Club of Niagara Falls Sunrise – Niagara Falls Rotary Ribfest $325.00 Irish Music Niagara – Niagara Irish Festival $1,680.00 Heart Niagara – Cruising the Q $7,404.00 Crazy Macaws Bike Night $4,750.00 Jaida Lee Recognition - expenses $3,240.21 Lucas Bahdi – Forgiven Development $8,321.00 Page 4 of 80 Page 358 of 769 Charges Total if approved in this report: $33,317.67 2023 Budget unspent $17,682.33 (34.7%) Table 2 - 2024 Fee Waiver Operating Budget Organization/ Event Fees Waived By Council (2024) 2024 Budget - Fee Waiver Requests $51,000.00 REQUESTS FOR CONSIDERATION Wally Friesman & Knights of Columbus - Wally's Chippawa Cruise Night $2,750.00 OLMC YMCA Childcare Centre - YMCA Stronger Together $301.76 Niagara Falls Meals on Wheels - Souper Lunch/Fundraising Soup $200.00 Chippawa Volunteer Firefighters Association - Chippawa Volunteer Firefighters Annual Slo-Pitch Tourney $840.00 Chippawa Volunteer Firefighters Association - Chippawa Car Show & Annual Street Dance $250.00 Birchway Niagara - Birchway Niagara Book Riot $9,002.10 Big Brothers Big Sisters of Niagara - MacBain Community Centre - small upstairs meeting room $8,970.00 Heart Niagara - Cruising on the Q $4,707.06 Rotary Club of Niagara Falls Sunrise - Niagara Falls Ribfest $325.00 Chippawa Volunteer Firefighters Association - SPN Slo Pitch Championships $4,320.00 Niagara Falls Soccer Club - Easter Egg Hunt (ADDED) $75.00 Total if approved in this report: $31,740.92 2024 Budget Remaining $19,259.08 (37.8%) List of Attachments Page 5 of 80 Page 359 of 769 Fee Waiver Appliication - Wally's Chippawa Cruise Night (Completed) Fee Waiver Application - YMCA - OLMC YMCA Childcare Centre (Completed) Fee Waiver Application - Niagara Falls Meals on Wheels - Souper Lunch - Fundraiser Soup (Completed) Fee Waiver Application - Chippawa Volunteer Firefighters Association - Chippawa Volunteer Firefighters Annual Slo-Pitch Tourny (Completed) Fee Waiver Application - Chippawa Volunteer Firefighters Association - Chippawa Car Show & Annual Street Dance (Completed) Fee Waiver Application - Birchway Niagara - Birchway Niagara Book Riot (Completed) Fee Waiver Application - Big Brothers Big Sisters - MacBain Community Centre- Small upstairs meeting room (Completed) Fee Waiver Application - Heart Niagara - Cruising on the Q (Completed) Fee Waiver Application - Rotary Club of Niagara Falls Sunrise - Niagara Falls Ribfest (Completed) Fee Waiver Application - Chippawa Volunteer Firefighters Association - SPN Slo Pitch Championships (Completed) Fee Waiver Application - Jewish Niagara - Simchas bais Hashoaiva (Completed) Fee Waiver Application - Niagara Falls Soccer Club - 1st Annual Easter Egg Hunt (Completed) Written by: Heather Ruzylo, Clerks & Council Services Coordinator Submitted by: Status: Bill Matson, City Clerk Approved - 13 Mar 2024 Jason Burgess, CAO Approved - 13 Mar 2024 Page 6 of 80 Page 360 of 769 Page 7 of 80Page 361 of 769 Page 8 of 80Page 362 of 769 Page 9 of 80Page 363 of 769 Page 10 of 80Page 364 of 769 Page 11 of 80Page 365 of 769 Page 12 of 80Page 366 of 769 Page 13 of 80Page 367 of 769 Page 14 of 80Page 368 of 769 Page 15 of 80Page 369 of 769 Page 16 of 80Page 370 of 769 Page 17 of 80Page 371 of 769 Page 18 of 80Page 372 of 769 Page 19 of 80Page 373 of 769 Page 20 of 80Page 374 of 769 Page 21 of 80Page 375 of 769 Page 22 of 80Page 376 of 769 Page 23 of 80Page 377 of 769 Page 24 of 80Page 378 of 769 Page 25 of 80Page 379 of 769 Page 26 of 80Page 380 of 769 Page 27 of 80Page 381 of 769 Page 28 of 80Page 382 of 769 Page 29 of 80Page 383 of 769 Page 30 of 80Page 384 of 769 Page 31 of 80Page 385 of 769 Page 32 of 80Page 386 of 769 Page 33 of 80Page 387 of 769 Page 34 of 80Page 388 of 769 Page 35 of 80Page 389 of 769 Page 36 of 80Page 390 of 769 Page 37 of 80Page 391 of 769 Page 38 of 80Page 392 of 769 Page 39 of 80Page 393 of 769 Page 40 of 80Page 394 of 769 Page 41 of 80Page 395 of 769 Page 42 of 80Page 396 of 769 Page 43 of 80Page 397 of 769 Page 44 of 80Page 398 of 769 Page 45 of 80Page 399 of 769 Page 46 of 80Page 400 of 769 Page 47 of 80Page 401 of 769 Page 48 of 80Page 402 of 769 Page 49 of 80Page 403 of 769 Page 50 of 80Page 404 of 769 Page 51 of 80Page 405 of 769 Page 52 of 80Page 406 of 769 Page 53 of 80Page 407 of 769 Page 54 of 80Page 408 of 769 Page 55 of 80Page 409 of 769 Page 56 of 80Page 410 of 769 Page 57 of 80Page 411 of 769 Page 58 of 80Page 412 of 769 Page 59 of 80Page 413 of 769 Page 60 of 80Page 414 of 769 Page 61 of 80Page 415 of 769 Page 62 of 80Page 416 of 769 Page 63 of 80Page 417 of 769 Page 64 of 80Page 418 of 769 Page 65 of 80Page 419 of 769 Page 66 of 80Page 420 of 769 March 8/24 The City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Matson, City Clerk: RE: Rotary Club of Niagara Falls Sunrise Ribfest and BBQ, Jun 14,15, 16/24 The Rotary Club of Niagara Falls Sunrise will be holdings its 19th Annual Niagara Falls Rotary Ribfest on June 14,15 and 16, 2024 (Father’s Day Weekend). Ribfest will be held at Rapidsview Park grounds owned by the Niagara Parks Commission. We have submitted a separate application requesting that our event be declared a Community Event (a requirement for us to obtain our Special Occasion Permit). The Rotary Club of Niagara Falls Sunrise, Rifest and BBQ committee respectfully asks the City of Niagara Falls to waive the cost of the license fee ($325) . One Hundred percent of the proceeds from this event will be distributed to support local groups, organizations and individuals to help improve the lives of those in our community. Our Rotary Club members, as well as other community participants will be volunteering their time for this event. This event is also a source of community hours for many of the local high school students. Yours In Rotary, Jennifer M. Schoenhals, RPh BSc Phm, BBA (Honours), Pharm. D Compounding Pharmacist Co-Chair of Niagara Falls Rotary Ribfest Contact Information: Falls Pharmacy and Custom Compound Centre 6635 Drummond Road Niagara Falls, ON L2G 4N4 P (905) 354-3883 F (905)354-3363 Cell: (905) 329-3130 Email: poyd1985@gmail.com Page 67 of 80 Page 421 of 769 Page 68 of 80Page 422 of 769 Page 69 of 80Page 423 of 769 Page 70 of 80Page 424 of 769 Page 71 of 80Page 425 of 769 Page 72 of 80Page 426 of 769 Page 73 of 80Page 427 of 769 Page 74 of 80Page 428 of 769 Page 75 of 80Page 429 of 769 Page 76 of 80 Page 430 of 769 Page 77 of 80 Page 431 of 769 Page 78 of 80 Page 432 of 769 Page 79 of 80 Page 433 of 769 Page 80 of 80 Page 434 of 769 F-2024-12 Report Report to: Mayor and Council Date: March 19, 2024 Title: Water By-law Update Recommendation(s) That Council APPROVE the following amendments to y-law 2016-108:  Section 20 - Notice and Service of Notice to allow for sending notices through regular Canada Post mail and email.  Schedule “A” to be deleted and replaced with Schedule “A” attached. Executive Summary Water disconnection notices are currently hand delivered by Niagara Meter Services weekly. Since the City has completed the installation of new radio water meters the contract with Niagara Meter Services will end by Summer 2024. An amendment to the water by-law (by-law 2016-108) is needed to allow for water disconnection notices to be sent through regular mail or email. Background Staff are seeking minor changes to By-Law 2016-108 to allow for the service of disconnection notices to be sent through regular Canada Post mail and email. The notices are currently hand delivered weekly by the City’s contractor Niagara Meter Services. By summer 2024 the City will no longer be using Niagara Meter Services as meter reads will be obtained through automated meter technology. The City will need to amend By-law 2016-108 to allow for notices to be sent through regular mail and email. Analysis The City of Niagara Falls is one of the only utility companies that is hand delivering disconnection notices. Niagara Peninsula Energy and Enbridge Gas currently mail disconnection notices to their customers for hydro and gas utilities. The City is proposing following a similar process for water disconnection notices. The current by-law 2016-108 states: 20. Notice and Service of Notice Page 1 of 5 Page 435 of 769 20.1 In any instance within this by-law in which there is a reference to notice being provided, the following rules shall apply: 20.1.1 Notice shall be given in writing; and 20.1.2 Notice shall be served upon the Owner and any known Tenant of the property. 20.2 Service may consist of one or all of: 20.2.1 Personal service; 20.2.2 Posting the notice in a conspicuous place upon the Premises; and 20.2.3 Mailing the notice by registered mail to the address listed for the Owner in the last returned assessment roll to the Premises. 20.3 Where notice is given by posting the notice at the property or by registered mail, it shall be deemed to have been received three days after the posting or mailing as the case may be. The prosed by-law changes indicated in bold are: 20. Notice and Service of Notice 20.1 In any instance within this by-law in which there is a reference to notice being provided, the following rules shall apply: 20.1.1 Notice shall be given in writing; and 20.1.2 Notice shall be served upon the Owner and any known Tenant of the property. 20.2 Service may consist of one or all of: 20.2.1 Personal service; 20.2.2 Posting the notice in a conspicuous place upon the Premises; and 20.2.3 Mailing the notice by registered mail or regular Canada Post service to the mailing address listed for the Owner in the last returned assessment roll, and to the Premises if the former differs, or to the known Tenant on record in the same manner. Page 2 of 5 Page 436 of 769 20.2.4 If the Owner or Tenant has indicated email as their preferred method of communication, the notice will be sent to the email address listed on the water account. 20.3 Where notice is given by posting the notice at the property or by registered mail, it shall be deemed to have been received three (3) calendar days after the posting or mailing as the case may be. 20.4 Where notice is given by regular Canada Post mail, it shall be deemed to have been received five (5) calendar days after the notice has been printed. Financial Implications/Budget Impact In 2023, the City spent approximately $8,200 on hand delivered disconnection notices. The cost to send these in the mail would be approximately $3,220 assuming all were sent by regular Canada Post mail. This could lead to savings of approximately $4,980. List of Attachments F-2024-12 Attachment - Sched A Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 11 Mar 2024 Shelley Darlington, General Manager of Corporate Services Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 3 of 5 Page 437 of 769 Schedule “A” Schedule of rates, fees and charges 1. Service Charges Monthly: Meter Size Water Rate Sewer Rate 15mm (5/8”) $22.64 $27.19 18mm (3/4”) $22.64 $27.19 25mm (1”) $35.09 $42.15 37mm (11/2”) $87.17 $104.69 50mm (2”) $164.15 $197.14 75mm (3”) $316.99 $380.68 100mm (4”) $549.06 $659.40 150mm (6”) $1,075.49 $1,291.61 200mm (8”) $1,794.36 $2,154.94 250mm (10”) $2,575.51 $3,093.06 2. Water and Sewer Volumetric Rates: Water Sewer Rate Type $1.394 $1.713 Per cubic meter 3. Monthly Flat rates for a Private Water/Sewer Service not Metered by choice or other determination of the City: Water Sewer $51.64 $58.13 4. Monthly flat rate for a Private Water/Sewer Service not Metered due to new construction of a residential property: Water Sewer $25.90 $26.99 Page 4 of 5 Page 438 of 769 2 5. Flat rates for a Private Water Service not Metered because of refusal of Owner: Residential Premises After the Due Date Before Due Date 3x the current flat rate as per Section 3 3x the current flat rate as per Section 3 Other than Residential Premises After Due Date Before Due Date 3x the current service charge per Section 1 plus 3x single month average of previous 12 months consumption history, OR 4% less than the After Due Date amount as calculated for ICI, Section 4 3x the current service charge per Section 1, After Due Date plus, if no previous consumption history, 3x single month average of similarly sized account/type at the Engineer’s discretion 4% less than the After Due Date amount as Before Due Date calculated for ICI, Section 4 Page 5 of 5 Page 439 of 769 F-2024-13 Report Report to: Mayor and Council Date: March 19, 2024 Title: Statement of 2023 Remuneration and Expenses for Members of Council and Commissions Recommendation(s) For the information of Municipal Council Executive Summary Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. In addition, as per requests of previous Council, Councillor attendance is included in Attachment 2. Analysis The attached statement of remuneration and expenses for the year ending December 31, 2023 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99-22, By-law #2002-57 and By-law #2001-252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2023 is provided below: Remuneration Benefits Expenses Total City Council $359,769.61 $99,623.69 $51,262.13 $510,655.43 Committee of Adjustment $3,900.00 $0.00 $1,917.29 $5,817.29 Niagara Falls Hydro Holding Corporation $43,200.00 $541.52 $0.00 $43,741.52 List of Attachments F-2024-13 Attachment 1 F-2024-13 Attachment 2 Written by: Tiffany Clark, Director of Finance Page 1 of 5 Page 440 of 769 Submitted by: Status: Tiffany Clark, Director of Finance Approved - 11 Mar 2024 Shelley Darlington, General Manager of Corporate Services Approved - 11 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 2 of 5 Page 441 of 769 Attachment 1 F-2024-13 March 19, 2024 Council Member Salary Committee Benefits Expenses Total DIODATI, J 121,836.89 225.00 29,244.33 20,045.25 171,351.47 CAMPBELL, W 27,754.09 1,725.00 6,316.52 3,285.37 39,080.98 LOCOCO, L 27,754.09 3,900.00 10,840.38 5,045.05 47,539.52 PIETRANGELO, V 27,754.09 1,200.00 9,159.24 4,632.68 42,746.01 STRANGE, M 27,754.09 975.00 6,571.03 5,339.76 40,639.88 NIEUWESTEEG, R 27,754.09 900.00 10,391.89 3,105.08 42,151.06 BALDINELLI, A 27,754.09 825.00 10,380.68 3,069.79 42,029.56 PATEL, M 27,754.09 975.00 10,403.10 3,592.05 42,724.24 THOMSON, W 27,754.09 5,175.00 6,316.52 3,147.10 42,392.71 TOTAL $343,869.61 $15,900.00 $99,623.69 $51,262.13 $510,655.43 2023 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL Page 3 of 5 Page 442 of 769 Attachment 1 F-2024-13 March 19, 2024 Member Remuneration Expenses Total CAMPIGOTTO, P 750.00 110.23 860.23 MOODY, D 675.00 0.00 675.00 FRANZE, D 975.00 255.99 1,230.99 BRADY, R 600.00 0.00 600.00 STRANGES, L 600.00 595.83 1,195.83 COLOSIMO, P 225.00 39.81 264.81 MROZEK, J 75.00 915.43 990.43 TOTAL $3,900.00 $1,917.29 $5,817.29 Member Remuneration Benefits Expenses Total DIODATI, J 4,800.00 77.36 0.00 4,877.36 CAMPBELL, W 4,800.00 0.00 0.00 4,800.00 LOCOCO, L 4,800.00 77.36 0.00 4,877.36 PIETRANGELO, V 4,800.00 77.36 0.00 4,877.36 STRANGE, M 4,800.00 77.36 0.00 4,877.36 NIEUWESTEEG, R 4,800.00 77.36 0.00 4,877.36 BALDINELLI, A 4,800.00 77.36 0.00 4,877.36 PATEL, M 4,800.00 77.36 0.00 4,877.36 THOMSON, W 4,800.00 0.00 0.00 4,800.00 TOTAL $43,200.00 $541.52 $0.00 $43,741.52 2023 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT NIAGARA FALLS HYDRO HOLDING CORPORATION Page 4 of 5 Page 443 of 769 Attachment 2 - 2023 Council Attendance F-2024-13 March 19, 2024 Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Diodati Baldinelli Campbell Lococo Nieuwesteeg Patel Pietrangelo Strange Thomson X = ABSENT V = Attending Virtual P = Present in Chambers 01-17-2023 - Council P P P P P P P P P 01-24-2023 - Council P V P P X P P P P 01-31-2023 - Council P P V P P P P P P 02-07-2023 - Council P P P P P P P P P 02-28-2023 - Council P P P P P P P P P 03-21-2023 - Council P P P P P P P P P 04-18-2023 - Council P P P P P P P P P 05-09-2023 - Council X P V P P P P P P 05-30-2023 - Council P P P P P P P P P 06-20-2023 - Council P P P P P P P P P 07-11-2023 - Council P P V P P P P P P 08-15-2023 - Council P P V P P P X X P 09-12-2023 - Council P P P P P P P P P 09-19-2023 - Council P P X P P P P P P 10-03-2023 - Council P P V P P P P P P 10-24-2023 - Council P P P P P P P P P 11-14-2023 - Council P P P P P P P P P 11-28-2023- Council P P V P P P P P P 12-12-2023 - Council P P V P P P P P P V Total 0 1 7 0 0 0 0 0 0 P Total 18 18 11 19 18 19 18 18 19 Subtotal V + P 18 19 18 19 18 19 18 18 19 X Total 1 0 1 0 1 0 1 1 0 Total 19 19 19 19 19 19 19 19 19 2023 Attendance of Council Members MEMBER OF COUNCIL Page 5 of 5Page 444 of 769 MW-2024-13 Report Report to: Mayor and Council Date: March 19, 2024 Title: Drinking Water System Summary Report and Overview Recommendation(s) 1. That Council receive Report MW-2024-13 regarding the Drinking Water System Summary Report and Overview 2. That Council be informed of the new written Commitment and Endorsement document of the Drinking Water Quality Management System (DWQMS) Operational Plan as attached to Report MW-2024-13. Executive Summary In accordance with the Safe Drinking Water Act, Ontario Regulation 170/03, Schedule 22, each Municipal Council having jurisdiction over its water distribution system is required to receive and publish a Distribution Summary Report prior to March 31st in each calendar year. This report provides technical data regarding the system’s performance. Additionally, attached is the Drinking Water Quality Management Standard (DWQMS) Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy, and effectiveness of the quality management system. The purpose of this report is to provide the Owners of the drinking water system documentation confirming that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all its consumers. Revision 7 of the DWQMS Operational Plan was endorsed by Council on March 21st, 2023, via MW-2023-07. Internal Auditors of the City’s Quality Management System suggested in 2023 that in an addition to the Council endorsement, as per Section 3.0 of the DWQMS, there should be a stand-alone document which is specifically signed by a drinking water system Owner representative and Top Management, indicating their endorsement of the Operational Plan as well. Revision 8 of the Operational Plan was created in February of 2024, and changes were very minor, and mostly administrative in nature. A summary of changes can be found as an appendix to the Management Review attached. Page 1 of 124 Page 445 of 769 An endorsement document has created and is attached to this report (Appendix 1), for reference, prior to Owner and Top Management sign off. Background Distribution System Summary Report Each year the Distribution Summary report is presented to Council to illustrate the effectiveness and performance of the drinking water system. The attached Distribution Summary report (Appendix 2) provides detailed quantitative and qualitative information regarding the performance of the drinking water system. Highlights of the report include: •In 2023 the Water & Wastewater Services Division responded to 48 watermain breaks. In 2022 there were 86 watermain breaks. Watermain breaks appear to be on a declining trend over the past two years. •In Q2 of 2023 NSF-International performed a re-accreditation audit on the City’s Drinking Water Quality Management System. Zero non-conformances were found during the audit. This audit document can be found as Appendix ii of the Management Review. DWQMS Management Review The DWQMS Management Review takes place once every calendar year, as per the Standard. The review provides an overall picture as to the effectiveness and adequacy of the Drinking Water Quality Management System. Items of note from the Management Review Include: •Final compliance rating of 100% during 2023 Ministry of Environment, Conservation and Parks inspection •The City continues involvement with Niagara Region regarding the future decommissioning of Lundy’s Lane Elevated Tank and new raw water intake location. •The City will move forward in potentially developing a backflow prevention program, beginning with a structured risk assessment. The Management Review is attached as Appendix 3, and the Review's respective appendices are attached as Appendix 4, for reference. Standard of Care It is important to mention Section 19 of the Safe Drinking Water Act, entitled Standard of Care, this section states: Page 2 of 124 Page 446 of 769 The Owner and/or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence, and skill in respect of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached as Appendix 5, for reference. Analysis Water System Indicators As stated above, the City had fewer watermain breaks in 2023. The number of watermain breaks fluctuate annually based on a variety of factors including weather, ground water table and capital infrastructure projects. The Graph below illustrates watermain break history since 2011. It should be noted that the remaining Cast Iron watermains in the system are the major cause of watermain breaks and should continue to be the focus of capital replacement projects and a driver of increased funding towards State of Good Repair targets established in the City's Asset Management Plan. Page 3 of 124 Page 447 of 769 Since 2010, the City has increased its overall length of watermain by approximately 65 km to a total of 491 km. PVC is currently the highest percentage material type of watermain from a system perspective. However, this value is skewed by the increase in new development since 2010. The City still has a significant portion of its watermains made of Cast Iron and Ductile Iron, representing approximately 45% of the overall system. It should be noted that some portions of cast iron watermain are over 100 years old, still in active service and are being relied on to providing residents with drinking water and support fire suppression in the event of an emergency. Page 4 of 124 Page 448 of 769 Section 11 of O. Reg. 170/03 stipulates that a systems Annual Summary Report must be created and made available to the public by February 28th of each year (outlining the water quality indicators for the system for the previous year). The 2023 Annual Summary Report has been placed on the City's website and is also attached as Appendix 6. Other Performance Indicators The City utilized the American Waterworks Association Audit Software v6.0 to assess the annual water distribution system leakage index. This is the industry standard for determining infrastructure leakage indexes. As evidenced in the below graphic, the City’s estimated leakage index value for 2023 is 1.6, which is similar to last year's value. It is estimated that continued improved tracking of all water loss channels, paired with the full implementation of the City’s water meter replacement program will continue to lower this value. The City will continue to identify and proactively mitigate all water losses. Page 5 of 124 Page 449 of 769 Operational Implications and Risk Analysis In accordance with the Safe Drinking Water Act, the Annual Distribution Summary Report must be received by the drinking water system owner by a date of no later than March 31st of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non-conformance with the Standard. Financial Implications/Budget Impact N/A Strategic/Departmental Alignment This report is to ensure adherence to Provincial Legislation and is consistent with the Council’s strategic commitment to Sustainability. Contributor(s) Savannah Wells-Bisson, Operations Support Services Supervisor List of Attachments Page 6 of 124 Page 450 of 769 Appendix 1 - Owner & Top Management Ops Plan Commitment & Endorsement Sign Off Appendix 2 - 2023 City of Niagara Falls Water Distribution System Summary Report Appendix 3 - 2023 Management Review Appendix 4 - 2023 Management Review Appendices Appendix 5 - Section 19- Standard of Care, Safe Drinking Water Act 2002 Appendix 6 - 2023 Annual Report Written by: Jessica Blanchard, Water & Wastewater Servcies Coordinator Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 07 Mar 2024 Jason Burgess, CAO Approved - 12 Mar 2024 Page 7 of 124 Page 451 of 769 Page 8 of 124Page 452 of 769 City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1, 2023 to December 31, 2023 Waterworks Number: 260002304 Created February 2024 Page 9 of 124 Page 453 of 769 Table of Contents Introduction ........................................................................................................... 1 Waterworks Description ........................................................................................ 1 Compliance ........................................................................................................... 2 Municipal Drinking Water Licensing Program .................................................... 2 Safe Drinking Water Act .................................................................................... 3 Niagara Falls Water Quality Test Results .......................................................... 4 Adverse Water Quality Incidents and Actions.................................................... 4 Operational Activities ............................................................................................ 5 Flow Rates ............................................................................................................ 6 Definitions ............................................................................................................. 7 Page 10 of 124 Page 454 of 769 Water Distribution Summary Report 1 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with an annual summary report of actions that took place from January 1, 20 23 to December 31, 2023. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Work s Permits, Municipal Drinking Water Licences and Orders issued by th e Ministry of the Environment, Conservation and Parks. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a Class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 490 km of watermain, 3,157 fire hydrants and 5,271 valves owned and operated by the City of Niagara Falls. Additionally, there is 50 km of watermain owned and operated by Niagara Region. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website: http://www.niagararegion.ca/home.aspx Page 11 of 124 Page 455 of 769 Water Distribution Summary Report 2 Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice O’Connor during the Walkerton Inquiry, the Ministry of the Environment introduced the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Permit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan. • Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions. • Drinking Water Quality Management Standard (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits. • Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The City of Niagara Falls has enlisted NSF International to act as the Quality Management System accreditation body. • Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water system. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2023, the City’s Drinking Water Quality Management System was audited for re- accreditation by NSF-ISR. Zero non-conformances were found during this audit, allowing the City to continue their accreditation, meeting the requirements of the Safe Drinking Water Act, 2002. Page 12 of 124 Page 456 of 769 Water Distribution Summary Report 3 Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 101 microbiological samples a month. This monthly number of 101 was determined by the 2021 Census data. This Census data indicated that the population of the Niagara Falls serviced by the distribution system was 92069. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing free chlorine residuals are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by-product. The City takes these water samples from areas where the formation of THM would most likely occur. In 2018, a clarification to the Ministry guidance document for HAA sampling occurred, which required the City to test for Haloacetic Acids (HAA) at two separate locations (previously one location) beginning in 2019, which was and continues to be satisfied. HAA similar to THM is a chlorine disinfection by-product. The City and Niagara Region keep in close communications regarding these test results. The Ministry of the Environment, Conservation and Parks has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment, Conservation and Parks to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sample numbers have been reduced to 20 resident samples, 4 distribution system samples and 2 non- residential samples as per Table 2 of Schedule D of the City of Niagara Falls Distribution System Municipal Drinking Water Licence. This must be done once between December 15 and April 15 and again June 15 to October 15, on an ongoing cycle. All the aforementioned samples, in accordance with the Act must be taken by an individual with a Water Operators licence or a Water Quality Analyst licence . These licences are distributed by the Ontario Wate r Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Samples are then taken to a Ministry of the Environment , Conservation and Parks approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment Parks and Conservation and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions. Page 13 of 124 Page 457 of 769 Water Distribution Summary Report 4 An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002. Section 19 entitled; Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachmen t to the accompanying Council Report. Niagara Falls Water Quality Test Results Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli (E. Coli) CFU/ 100mL 0 1404 0 Indicates presence of fecal matter Total Coliforms CFU/ 100 mL 0 1404 0 -1 Indicates the possible presence of fecal contamination Heterotrophic Plate Count (HPC) CFU/mL N/A 1404 0 – >300 Indication of overall water quality Chemical Analysis Trihalomethanes mg/L 0.10 mg/L 4 0.0230 - 0.0410 Average of Samples taken quarterly Haloacetic Acids mg/L 0.08 mg/L 8 0.0053 - 0.024 Average of Samples taken quarterly Lead mg/L Residential and Non- Residential Plumbing 0.010 mg/L 45 0.00003 - 0.00180 Lead services were used in construction prior to 1955. Distribution 0.010 mg/L 14 0.00002 - 0.00059 City does not have lead watermains Disinfection Free Chlorine Residual mg/L 0.05 to 4.0 mg/L 1613 0.20 - 1.51 Level of disinfectant Adverse Water Quality Incidents and Actions Date Location Parameter Result Actions Date of Resolution 05/09/2023 6889 Lundy’s Lane Total Coliform 1 CFU/100 mL Flush and re-sample 05/12/2023 11/20/2023 5580 Swayze Drive Total Coliform 1 CFU/100 mL Flush and resample 11/24/2023 Page 14 of 124 Page 458 of 769 Water Distribution Summary Report 5 In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment, Conservation and Parks regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. To ensure water safety with a microbiological or chemical exceedance , the City immediately sends a member of staff to flush the nearest fire hydrant and take additional water samples at the source of the AWQI. In addition, in the instance of a microbiological exceedance, City immediately initiates sampling upstream and downstream of the AWQI. This upstream/downstream sampling occurs for two consecutive days (unless otherwise directed by Public Health) until the City receives verbal notification from the laboratory that the water samples are all clear. In the above table, the column “Date of Resolution” indicates the date in which the City has received copies of the laboratory results or submits the “Notice of Resolution” to the Ministry of the Environment, Conservation and Parks and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead level, but rather at the specific sample site. Possible sources of lead include lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in their drinking water. The City of Niagara Falls experienced two (2) AWQI’s in 2023. Operational Activities In 2023, the City of Niagara Falls experienced 48 water main breaks, compared to 86 in the previous year. With all water main breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following Category 2 water main breaks, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. Page 15 of 124 Page 459 of 769 Water Distribution Summary Report 6 Flow Rates 2023 Monthly Water Flow Rates (Mega Litres) Month Quantity (ML) January 1157.865 February 1074.568 March 1198.431 April 1222.289 May 1411.091 June 1526.914 July 1555.532 August 1484.242 September 1390.496 October 1298.760 November 1173.629 December 1219.772 Total 15713.589 Monthly Average 1309.47 Daily Average 43.03 1 Mega Litre = 1,000,000 Litres Page 16 of 124 Page 460 of 769 Water Distribution Summary Report 7 Definitions MAC - Maximum Acceptable Concentration This is a health-related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change. Revised January 2001. PIBS #4065e. Page 2.) mg/L - milligrams per litre (parts per million) cfu/100 mL - Colony Forming Units per 100 millilitres of sample µg/L - micrograms per litre (parts per billion) < - Less than > - Greater than Microbiological parameters (i.e. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to it s association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Total Coliform - the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inade quate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Escherichia coli (E. coli) - a sub-group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indication of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change) Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re-growth in the distribution system. Page 17 of 124 Page 461 of 769 Water Distribution Summary Report 8 Trihalomethanes (THM’s) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the mos t widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Haloacetic Acid (HAA) - The Guidelines for Canadian Drinking Water Quality (GCDWQ) recommend a maximum acceptable concentration (MAC) of 0.08 mg/L for HAAs in drinking water, based on a locational running annual average of a minimum of quarterly samples taken in the distribution system. The reported HAAs value refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. HAA’s are a relatively new disinfection by-product. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plumbing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg/L. Page 18 of 124 Page 462 of 769 DWQMS Management Review 2023 Page 19 of 124 Page 463 of 769 Table of Contents List of Acronyms and Definitions ................................................................... 3 Introduction .................................................................................................... 4 1. Incidents of regulatory non-compliance ..................................................... 4 2. Incidents of adverse drinking-water tests ................................................... 4 3. Deviations from critical control point limits and response actions .............. 5 4. Efficacy of the risk assessment process .................................................... 5 5. Third-party and Internal audit reports ......................................................... 7 6. Results of emergency response testing ..................................................... 9 7. Operational performance ........................................................................... 9 8. Raw water supply and drinking-water quality trends ................................ 10 9. Follow-up on action items from previous management reviews .............. 11 10. Status of management action items identified between management reviews… ..................................................................................................... 13 11. Changes that could affect the Quality Management System ................. 15 12. Consumer feedback (i.e., internal & external communications) ............. 16 13. Resources needed to maintain the Quality Management System ......... 16 14. Results of DWQMS Infrastructure Review ............................................. 16 15. Operational Plan currency, content & updates……………………………17 16. Staff suggestions ............................. ……………………………………....17 17. List of Appendices…………………………………………………………...18 Page 20 of 124 Page 464 of 769 Page 3 of 18 2023 DWQMS Management Review List of Acronyms and Definitions DWQMS – Drinking Water Quality Management Standard DWS – Drinking Water System MECP – Ministry of the Environment, Conservation and Parks QMS – Quality Management System THM –Trihalomethanes are a group of compounds that can form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter (e.g., decaying leaves and vegetation). HAA - Haloacetic Acid. HAA values refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. OFI – Opportunity for Improvement Ontario Regulation 170/03 – Regulation under the Safe Drinking Water Act governing Drinking Water Systems Ontario Regulation 169/03 – Ontario Drinking Water Quality Standards which outline maximum allowable concentrations for microbiological, chemical and radiological elements and compounds in drinking water systems. Watermain Disinfection Procedure Section 4 – Documentation requirements for operators who are performing maintenance and repair activities associated with disinfecting watermains as part of an addition, modification, replacement, extension, planned maintenance, or emergency repair in a municipal residential drinking water system Niagara Region Emergency Drinking Water Provision Plan • A Niagara Region document initially created in 2018 (in collaboration the key officials, agencies, departments and stakeholders), to establish framework for responding to an emergency involving the drinking water supply in Niagara Region. It is intended to service as a guideline that outlines the responsibilities and activities in managing a drinking water emergency. Page 21 of 124 Page 465 of 769 Page 4 of 18 2023 DWQMS Management Review 2023 DWQMS Management Review Introduction Element 20 of the Drinking Water Quality Management Standard states that a Management Review must be completed at least once every calendar year. The purpose of the Management Review is to document the actions and effectiveness of the Quality Management System. The outcome of the Management Review must be reported to the Owner of the Drinking Water System. The information reported to the Owner can be relayed at the same time as the Annual Drinking Water System Report, scheduled to be provided to Council in March of each year. 1. Incidents of regulatory non-compliance From June 7th to July 5th, 2023, the Ministry of the Environment, Conservation and Parks completed an inspection of the City of Niagara Falls DWS for the September 1st, 2022, to May 31st, 2023 inspection period. The inspection report indicated that there were zero (0) incidents of regulatory non-compliance. The Final Inspection Rating was 100%. The Ministry noted in the inspection that all areas examined comply, and had two recommendations in the body of the document, which were as follows: • The City is encouraged to continue the implementation of its backflow prevention program and recommends the City refer to the Ministry's Backflow Prevention Guide which provides comprehensive information and suggested approaches the City can undertake to prevent backflow and implement a program. • The City is encouraged to standardize their electronic watermain break record reports in their MMS system, for ease of record review during future inspections. The MECP 2023 Final Inspection Report and Inspection Risk Rating documents are attached as Appendix i (a and b respectively), for review. 2. Incidents of adverse drinking-water tests The City experienced two (2) adverse sample result within its distribution system in 2023. Page 22 of 124 Page 466 of 769 Page 5 of 18 2023 DWQMS Management Review i. May 9, 2023: A microbiological distribution sample collected at 6889 Lundy’s Lane (Johnny Rocco’s Restaurant) resulted in an adverse reading of one (1) Total Coliform (1 CFU/100 mL). The maximum acceptable concentration (MAC) for total coliforms in a distribution system is zero (0). It was determined that this reading was caused by a sampling or lab error, as the free chlorine residual at the time of the sample was 0.71 mg/L and re-samples collected the day following the adverse sample were clear (0 coliforms). ii. November 21, 2023: A microbiological distribution sample collected at 5580 Swayze Drive (Wallys Auto Shop) resulted in an adverse reading of one (1) Total Coliform (1 CFU/100 mL). The maximum acceptable concentration (MAC) for total coliforms in a distribution system is zero (0). It was determined that this reading was caused by a sampling or lab error, as the free chlorine residual at the time of the sample was 0.80 mg/L and re-samples collected the day following the adverse sample were clear (0 coliforms). Upon receiving the adverse notification from the Licenced Lab in all instances noted above, staff followed SOP “MW-WWW-DWS-SOP-012-001 – Adverse Water Quality Incident Reporting – O. Reg. 170/03”, and the incident was resolved by re-sampling. A copy of MW-WWW-DWS-SOP-012-001 is in Appendix C of the Operational Plan. 3. Deviations from critical control point limits and response actions There were no deviations from critical control points during this report period. 4. Efficacy of the risk assessment process It should be noted that currently there are items listed as critical control points in the risk assessment matrix that the City cannot control, regardless of their importance, such as backflow prevention devices not owned by the City, and Niagara Region processes (such as water treatment). As per the updated DWQMS standard (Version 2.0), MECP required items were also addressed in the Risk Assessment. These included climate change issues such as drought, forest fires, tornados or extended extreme temperatures. These Page 23 of 124 Page 467 of 769 Page 6 of 18 2023 DWQMS Management Review were captured initially in the 2018 Risk Assessment and in each Risk Assessment following 2018, including 2022’s Risk Assessment. During the 2018 internal audit, it was suggested that outcomes of the most recent risk management assessment are highlighted and considered during the infrastructure review meeting. The most recent risk management assessments have been discussed and considered since this time – including 2022.This will continue for all future Infrastructure Reviews. In April of 2022, The Environmental Registry of Ontario posted Notice #019- 4855: “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment”. The body of this notice included new risks to consider: cybersecurity threats. These specific risks were not captured in the Risk Assessment of 2022, but was captured in the 2023 Risk Assessment and will be included in all future Risk Assessments. Element 14: Niagara Region: “System Pressure Maintenance and Pressure Surge Protection” was added to the matrix during the Risk Assessment process in 2020, based on Niagara Regions consideration of decommissioning the Lundy’s Lane tank and installing one in a different area due to increased demands in the growing south end of the City. The current elevated tank on Lundy’s is requiring substantial upgrades/repairs to maintain current legislative requirements. It has been discussed internally that the City of Niagara Falls must be a strong presence in the decision making of this tentative project (which is assumed to involve several flow studies to confirm feasibility and seamless service transition and continuance), as it will be stressed tha t if this is to occur, the residents should continue to receive the same, if not better service levels of water delivery (specifically related to pressure). This project will also require the City to install/upgrade/take over the current Niagara Region watermain along Lundy’s lane. The greatest risk to the system if this tank is decommissioned is likely frequent pressure surges (currently absorbed by the Lundy’s Lane tank), that would work through the system and likely cause several watermain breaks, which always increases the likelihood of microbiological contamination before and during their repair. Also, without the tank providing consistent pressure in the system, the north end residents may experience a pressure drop in their water. If this was to become severe enough, the risk is a backflow event. Further discussion to this during the 2023 Infrastructure Review outlined that the updated timeline for this project is a start year of 2028-2030 and the project’s completion date is therefore yet to be determined. The City will likely install municipal main along Lundy’s Lane (as the current main in this area is a Regional main and will be decommissioned along with the tank. The City, however, will likely not inherit the QEW critical crossing of this watermain, and the new municipal system will be looped at this location. The entire decommissioning process (tank and main) lays in design model. Impacts are being studies/considered (with focus on pressure surge protection, service levels and water quality standards), and the City will remain in communication with Niagara Region as these plans further Page 24 of 124 Page 468 of 769 Page 7 of 18 2023 DWQMS Management Review develop, to ensure a seamless transition throughout and following this decommissioning project. Element 14 remains rated under the risk threshold, as the tank is still in service. 5. Third-party and Internal Audit Reports Third Party Audit From July 28th to the 31st 2023, NSF Internal performed a re-accreditation audit of the City’s Drinking Water System. were not any non-conformances found during this third-party audit. However, the Auditor suggested, in the “Opportunities for Improvement” section of the report to: • Consider conducting the once every 36-month risk assessment whereby all previous rankings and probabilities are removed for fresh evaluation. • Consider dating the file entitled "2022 Infrastructure Review Areas of Concern" to track this record. This may be carried out as a file title or within the excel sheet itself. • Consider listing specific infrastructure in the DWS in the Financial Plan, which must always be 5 years current (i.e. if being viewed for a 2023 audit, then the long-term plan must be valid until at least 2028). • Consider monitoring the water quality in the City’s northwest border and surrounding area - this may be achieved by way of creating a permanent sample location in this area or obtaining sample results from N-o-t-L, as this area ties directly into their DWS. • Consider performing quality checks on all components of the City's measuring and recording equipment (including supplies). • Consider including more than the core management team in Emergency Management Training sessions. • Consider documenting all action items which arise from the Management Review with their respective timelines and individual responsible. The NSF Third Party Audit Report is attached as Appendix ii, for review. Internal Audit An internal audit was completed by Acclaims Environmental on December 13th and 18th, 2023. During the 2023 internal 2.0 audit, zero non-conformances were noted by the auditor. Page 25 of 124 Page 469 of 769 Page 8 of 18 2023 DWQMS Management Review However, there were some opportunities for improvement noted which included: • Consider adding document ID and date to the City’s QMS Policy. • Consider creating a formal commitment and endorsement clause that can be included in the Operational Plan and be easily communicated to and signed by the Owner and Top Management • Consider adding revision dates (in addition to the existing revision number) to several documents. • Consider including a reference to any procedures the City uses to maintain disinfection residuals in the Operational Plan. • Consider identifying back up equipment and/or ways to source equipment for critical tasks (i.e. watermain break repair equip) and consider making annual review a verification rather than a full re-assessment – and adding an indicator (i.e. checkbox, title) to flag “annual review” vs. “36-month re- assessment” and consider involving Region staff in 36-month reassessment. • Consider adding DWQMS as an agenda item when the QMS Rep attends the monthly tailgate meeting or consider scheduling a separate meeting where the QMS Rep could review DWQMS procedures to ensure staff are aware of DWQMS roles, responsibilities, and authorities. • Consider DWQMS training for all positions noted in the Operational Plan. And Consider including positions which have been identified as directly affecting drinking water in the Org. Chart and defining roles, responsibilities, and authorities for those positions. Consider also defining competencies for positions where roles, responsibilities and authorities have been defined. • Consider creating a procedure to detail the required Ministry notifications if the City uses the Emergency Substitute Operator provision. • Consider establishing a more formal communication process between the City and the Region, at all levels (i.e. Top Management, Operations, QMS Rep etc.), and between the City and systems that receive water from the City (i.e. NOTL). • Consider having QMS Rep attend pre-con/kick off meetings to deliver DWQMS requirements, also consider “tailgate talks” for contractor awareness training. • Ensure infrastructure review findings and the City’s infrastructure maintenance, rehabilitation, and renewal program(s) are communicated to the Owner, as per the “DO” component of the Standard. • Consider using the data in Cartegraph – OMS to evaluate the effectiveness of infrastructure maintenance programs at meeting operational performance indicators. • Consider changing sampling reference/standard on Table 2’s Distribution System Sampling and Monitoring Construction, Repairs and Complaints section (embedded in System Level Procedure Titled “DWQMS Sampling Testing and Monitoring”) from the AWWA Standard to the Provincial Watermain Disinfection Procedure. Page 26 of 124 Page 470 of 769 Page 9 of 18 2023 DWQMS Management Review • Consider adding recovery provisions (i.e., how the system would be returned to normal service following emergency repairs/processes) to all emergency response procedures. • Consider adding Best Management Practices (BMPs) to Management review to document when BMPs were last considered so it can be tracked when the next review is due. This will assist in covering the requirement to review BMPs at least once every 36 months. • Consider documenting suggestions formally on a CAR/PAR (Corrective/Preventative Action Request) form or adding a column to the existing CI Tracking document, to state how the suggestion will prevent an NC from occurring, and to also allow for longer-term verification of the effectiveness of the PA being implemented. Also consider including all NCs/CAs in the tracking document. The 2022 Internal Audit Report is attached as Appendix iii, for review. 6. Results of emergency response testing On November 16, 2023, Water & Wastewater Services Staff participated in an Emergency Response desktop training exercise. The scenarios during this training were a “back to basics” review in nature, with more regularly occurring emergency type scenarios considered, due to new Supervisory staff (including several Acting Supervisors). Invented emergency scenarios included: • How to respond to adverse lab results, from start to finish, including operational/legislative and administrative requirements and document filing and; • How to respond to a substantial watermain break – at the location of a critical water user – again from start to finish including notification procedures, operational/legislative and administrative requirements and ensuring all pertinent data is present in the MMS database. The group was asked to work together on a plan of action, remediation and communication to City staff as well as Niagara Falls residents and pertinent external agencies. Team discussion touched on items such as emergency water provisions, flushing techniques, emergency aid means, optimum communication, water advisory procedures, watermain isolation, valve closures, sample protocols, operational reporting requirements and health and safety procedures. 7. Operational performance In 2023, the Water & Wastewater Services Division responded to 48 watermain breaks. This total number is a decrease from the previous year (2022), during Page 27 of 124 Page 471 of 769 Page 10 of 18 2023 DWQMS Management Review which 86 watermain breaks occurred. The winters of 2022 and 2023 were similar in weather patterns during the winter months. 8. Raw water supply and drinking-water quality trends Niagara Region is responsible for all sampling and testing of raw water. Through a previous year’s hydrant maintenance program, City staff members have found areas of the municipal drinking water system where weekly or bi-weekly flushing’s can improve water quality. These areas are tracked by way of a flushing report form and this practice has continued throughout 2023. Source water temperature changes in late spring and fall have historically resulted in resident inquiries about chlorine levels. The majority of these calls originate from the south end of the City which is the geographic area closest to the water treatment plant. The City receives weekly chlorine residual results from Niagara Region, which have indicated no significant fluctuation in chlorine levels leaving the treatment plant. This remained unchanged in 2023. The raw water intake for Niagara Falls Water Treatment plant is planned to be physically shifted to the south. At this time, the project remains stagnant, with an unknown tentative start date. The City remains in communication with Niagara Region on the development of this project. Niagara Region is continuing to monitor THM (trihalomethane) levels in conjunction with all local area municipalities. Various methods of preventing THM levels from increasing have been discussed. The City’s Water & Wastewater Services Division will continue to flush dead end watermains, which is a currently a suitable manner for which a distribution system can mitigate potential high THM levels. The Niagara Region replaced their granular activated carbon (GAC) filter at the Niagara Falls Water Treatment Plant in February of 2021.This filter media removes organic debris from the treated water and reduces THM formation. THM monitoring will carry on indefinitely, as we collaboratively strive for the continual improvement of water quality in the distribution system. Page 28 of 124 Page 472 of 769 Page 11 of 18 2023 DWQMS Management Review 9. Follow-up on action items from previous management reviews Historic Action Items: Action Item Assigned To Due Dates Status/Follow-up Ensure the City has a liaison present at all discussions with Niagara Region involving the tentative decommissioning of the Lundy’s Lane Tank Erik Nickel/ Adam Allcock 2021 Onward Ongoing. The City has been a presence at discussions involving this decommissioning process. The Region has narrowed its potential new build site down to two (2) locations as of February 2024. Further details to follow. Collaborate with Infrastructure to develop a scoring matrix based on age, material type, tuberculation, so the dial (score) is standardized and not left up to the discretion of the Operator Jessica Blanchard/ WWW Supervisor Staff/ Infra. Team 2021 Onward Ongoing. WWW began providing photos to Infrastructure of pipes extracted during main breaks in 2021 to initiate the scoring matrix and give context to this process. Infrastructure still to provide/share current condition rating table for review and adjustment, as necessary. This process may be adjusted with the initiation of the new MMS programs capabilities (the addition of photos to assets etc. in Cartegraph OMS). WWW staff were reminded in February of 2024 to ensure photos are taken (where possible) of the watermain which is being prepared, to provide tangible comparative pipe condition assessments. To ensure WWW Services Supervisor staff have been trained in IMS 200 for improved emergency management preparedness. WWW Staff 2021 Onward Reintroduced (2023). Will now consider arranging, as this Emergency Management training no longer is being affected by Covid related delays/cancellations. This action item had previously been “Delayed” since 2020. Page 29 of 124 Page 473 of 769 Page 12 of 18 2023 DWQMS Management Review Consider performing a structured risk assessment to potentially: Determine properties at the highest risk of experiencing a backflow (BF) event; Determine the likelihood of a BF event; Identify which of the high risk properties currently have a BF Preventor on site – and if they function properly and are being calibrated/maintained; Review the current draft of the CoNF BFP Program manual and; Identify and develop trigger points to initiate the requirement for a property to have a BFP device installed Jessica Blanchard Q1 2023 onward New NU WWW staff will be tasked to commence this process. This was to be initiated by the WWW Services Data Tech, but job description and adjusted reporting structure did not permit time for this venture. There was some movement on data collection for those properties who have existing backflow prevention devices which took place during the large meter change out and unofficial bypass inspection completed by the City Plumber in 2023. These change outs and bypass inspections will continue throughout 2024. Consider using upcoming changes to the distribution system (pressure changes due to elevated tank location shift) and possibility of backflow events as emergency scenarios for advanced preparedness Jessica Blanchard Q3 2023 Onward Delayed: With lack of definite re- location site and MSP yet to be complete (which will house an updated water model), these scenarios would not be effective. To perform this once site has been chosen and updated water model is complete (if software is available to run test scenarios). Action item added during 2023 Management Review (present in next table) will re-initiate this delayed action item. To provide updated BMA Management Consulting Inc. Water and Wastewater Long- Range Financial Plan (2021- 2026) as well as the current approved budget and project list (from the City’s website) to the Accreditation body in 2023 Jessica Blanchard Q3 2023 Complete: Not considered for 2023 but was achieved in Q1 2024. BMA did not have an updated Long-Range Plan for 2023, so as scheduled, the Plan was drafted in 2023 and was endorsed in 2024 Also, the Accreditation Body will be provided the annual docket (projects on the list to be completed within the year) which Engineering houses. This annual provision will serve as the annual review of the current Long Range Financial Plan until that time that Page 30 of 124 Page 474 of 769 Page 13 of 18 2023 DWQMS Management Review Action Items resulting from 2023 Management Review: the Plan is officially updated (2029). This was deemed and acceptable practice by Internal Auditor in 2023. Action Item Assigned To Due Dates Status/Follow-up Instruct & guide newly acquired FTE to commence aiding in the development of the City’s BFP Program Jessica Blanchard/ Adam Allcock Q2 2024 Onward New FTE hire date TBD To develop custom reports for all Regulated water operations work, for ease of review by MECP Inspector Jessica Blanchard Q3 2024 In progress: WWW Services Coordinator to continue communications with IS and MMS program administrator to develop custom reports which will house all pertinent data required for each regulated water work in pdf format To promote public assurance regarding the provision of safe clean drinking water Jessica Blanchard Q3 2024 In progress: WWW Services Coordinator to collaborate with Operations Support Services Supervisor in Q3 of 2024 to provide more detail for consistent messaging surrounding public reassurance, as the City’s website is revamped To provide tangible data for watermain condition assessments Mike Pullano Q1 2024 Onward In progress: ORO to ensure operations staff are taking photos of main breaks to illustrate pipe condition where possible. To remind staff in Q1 of 2024 and monitor operator reports to ensure this is occurring. To create realistic scenarios (using system flow data) for emergency preparedness training Jessica Blanchard Q4 2024 Being considered for fall Emergency Response Training: WWW Services Coordinator to facilitate potential water model- based emergency scenarios, with the aid of GM BluePlan and WCWC templates. Page 31 of 124 Page 475 of 769 Page 14 of 18 2023 DWQMS Management Review To ensure Accreditation Body is receiving a list of the infrastructure to be replaced tentatively in conjunction with the long-range financial plan (as requested by Auditor) Jessica Blanchard Q1 2024 WWW Services Coordinator to reach out to the Senior Manager of Asset management to obtain the 10 year capital budget as well as the Asset Management Plan (which speaks to core asset replacement scheduled over the next several years) Determine the likelihood of the City of Niagara Falls advancing to a Class 3 System (Currently a Class 2) given the future elevated tank location shift and population/ water demand increase, now that the proposed elevated tank location has been narrowed down to 2 specific south end sites Jessica Blanchard Q2 2024 WWW Services Coordinator to revisit the criteria for System Classifications in Q2 of 2024 to determine the likelihood of the City advancing to a Class III system (given current water demands and elevated tank location shift). To ensure infrastructure review findings and the City’s infrastructure maintenance, rehabilitation, and renewal program(s) are communicated to the Owner, as per the DWQMS. Jessica Blanchard Q1 2024 WW Services Coordinator to include the most recent “WWW Areas of Concern” list as a component of the Management Review (in Q1 of 2024) and will be referenced in the Report to Council. To ensure that Top Management and Council have an official sign off statement within the body of the Operational Plan or Council Report which speaks to the Operational Plan, stating that they endorse the Plan Jessica Blanchard Q1 2024 To include a component to the Council Report (upon the next full Council Endorsement in 2027) whereby the General Manager, Municipal Works (Top Management) will officially sign off that they endorse the current Operational Plan. For the 2024- 2027 years, the Ops Plan revision summary will have a signed component of this nature from Top Management until the next Council body endorses the Operational Plan (Council had officially endorsed revision 7 of the Operational Plan in March of 2023) Page 32 of 124 Page 476 of 769 Page 15 of 18 2023 DWQMS Management Review 10. Status of management action items identified between management reviews No action items identified during this time period. 11. Changes that could affect the Quality Management System • To review, since July 1, 2017, schools and childcare centers in Ontario have been required to test all fountains and drinking water taps in their facilities by Ministry prescribed timelines. If a sample result exceeds the standard, immediate action needs to be taken until the issue is resolved. The increased lead testing requirement was developed to ensure all water taps serving drinking water to children in schools and childcare centers are sampled for lead. This program currently remains the responsibility of the Public Health System. There has been discussion that the MAC for lead in a water distribution system may be lowered to mimic the new Health Canada Guideline (currently the MAC is 0.01 mg/L in water distribution systems in Ontario, where the Health Canada MAC has been lowered to 0.005 mg/L). • As mentioned in Section 8 of this Management Review, The raw water intake for Niagara Falls Water Treatment plant is planned to be physically shifted to the south. Raw water characteristics may be altered due to this adjustment, and the City will ensure ongoing communication with Niagara Region as it relates to any treatment process that may have to be altered if the raw water characteristics are substantial. This will ensure continued and consistent safe, clean drinking water is being provided throughout the Distribution System. • Another substantial topic relating to the Quality Management System is the Niagara Regions tentative plans to decommission the Lundy’s Lane elevated tank and the Regional watermain on Lundy’s Lane (as mentioned in Section 4 of this Management Review). The City will ensure ongoing communication with Niagara Region, to ensure the decommissioning of these assets does not affect water pressure or create contamination (during the construction component of the decommissioning) in the City’s Distribution System. This involvement is to achieve ongoing high customer service levels without interruption. The Region has narrowed down the location of this new tank to two (2) locations within the City’s south end. • The Quality Management System may also expand to include a backflow prevention program – as there are continued plans for the City to move forward in further assessing the requirements for developing such a program in 2024. This will begin with a structured risk assessment on existing properties within the City’s Distribution System. Page 33 of 124 Page 477 of 769 Page 16 of 18 2023 DWQMS Management Review 12. Consumer feedback (i.e., internal & external communications) The Water & Wastewater Services Division continues to flush areas known to have low chlorine residuals weekly. Discoloured or dirty water calls have continued to decrease; this is due to the extensive capital work taking place in areas known for water quality issues. 13. Resources needed to maintain the Quality Management System The DWQMS Representative (Water & Wastewater Services Coordinator) continues to use an external consultant for the internal audit. This provides the DWQMS Representative with detailed reports and multi-industry expertise during the on-site audit. The city chose to utilize the same internal auditor in 2023 as in 2022, for a fulsome and continued comparative gauge of improvement. 14. Results of DWQMS Infrastructure Review The DWQMS Infrastructure Review is one of many documents which aid in the decision-making process for determining Capital Works projects and schedules. The DWQMS Representative and the Senior Manager of Water & Wastewater Services, along with the Asset and Infrastructure teams have worked collectively to prioritize the proposal of capital work for design. Suggestions are also provided by Water & Wastewater Services staff based on field experience and observation and are taken into consideration along with other factors (sewer separation, removal of all cast/ductile infrastructure etc.). Additionally, as operational challenges arise, the Water & Wastewater Services Coordinator (DWQMS Rep), and Water & Wastewater Services Supervisors ensure these are communicated to the Senior Manager of Water & Wastewater Services who flags these to the Asset and Infrastructure teams for future capital replacement programs. This consistent line of communication between Operations and Engineering was absent prior to the initiation of the DWQMS. As previously mentioned, the outcomes of the most recent Risk Management Assessment were presented and considered in during the 2023 Infrastructure Review, and this process will continue for all future Infrastructure Reviews, as suggested by the City’s Internal Auditor. During the 2023 Internal Audit, it was suggested, in keeping with the requirements of Element 15 of the DWQMS, to ensure infrastructure review findings and the City’s infrastructure maintenance, rehabilitation, and renewal Page 34 of 124 Page 478 of 769 Page 17 of 18 2023 DWQMS Management Review programs are communicated to the Owner. Therefore, the 2023 infrastructure review meeting minutes and the Water/Wastewater Services “areas of concern” list of infrastructure (which was developed and updated during this meeting) will become a component of the 2023 Management Review and all future Management Reviews. The 2023 Management Review meting minutes and Areas of Concern list are attached as Appendix iv (a and b respectively), for review. 15. Operational Plan currency, content & updates The Operational Plan was updated in February of 2024 which created the current version/revision 8. During the 2023 Internal Audit, it was suggested to create a formal commitment and endorsement clause that can be included in the Operational Plan and be easily communicated to and signed by the Owner and Top Management, in keeping with the requirements of Element 3 of the DWQMS. To achieve this, as noted in the “Action items resulting from the 2023 Management Review” table, there will be component added to the Council Report requesting the CAO (System Owner Representative) and the General Manager, Municipal Works (Top Management) officially sign off that they endorse the current Operational Plan. Council had officially endorsed revision 7 of the Operational Plan in March of 2023. Revision 8 of the Operational Plan had only minor adjustments to revision 7, which were mostly administrative and grammatical changes. City of Niagara Distribution System Operational Plan Revision 8: Summary of Changes: February 2024 is attached as Appendix v. 16. Staff suggestions Throughout 2023, Water & Wastewater Services staff offered several process improvement suggestions for the DWQMS. They included: • Setting the Critical Users map as a background for iPads, to keep this in the forefront of operator’s thoughts when there may be water disruptions. The result is improved customer services levels. • Curbstop Assumptions now being completed in OMS (the City’s current maintenance management application) – instead of scanning hard copies of the inspections to Development. The result is improved tracking, and reporting capabilities. • Change in location for HAA sample, as limited structures downstream from chlorination points had long services. The City has been utilizing Page 35 of 124 Page 479 of 769 Page 18 of 18 2023 DWQMS Management Review a hydrant on the watermain successfully from Q4 2023 onward. This has resulted in samples which are a more accurate representation of the distribution system. • Create map which indicates all areas where lead sampling has taken pace over the past 15 years, to illustrate areas where to focus on coming years sampling rounds. • Semi annual inspection of bulk station back flow preventors – for redundancy and ensuring optimum performance of the City owned fill stations. 17. List of Appendices ➢ Appendix i o a: 2023 MECP Final Inspection Report o b: 2023 MECP Inspection Risk Rating ➢ Appendix ii o 2023 NSF Third Party Audit Report ➢ Appendix iii o 2023 Internal Audit Report ➢ Appendix iv o a: 2023 Infrastructure Review Meeting Minutes o b: 2023 Areas of Concern Excel Doc ➢ Appendix v o City of Niagara Distribution System Operational Plan Revision 8: Summary of Changes: February 2024 Page 36 of 124 Page 480 of 769 Management Review ’s Appendices Index Appendix i a: 2023 MECP Final Inspection Report……………………………………………….pages 1 – 26 b: 2023 MECP Final Inspection Risk Rating…………………………………………pages 27 – 28 Appendix ii: NSF Third Party Audit Report…………………………………………………….pages 29 – 35 Appendix iii: 2023 Internal Audit Report……………………………………………………….pages 36 – 73 Appendix iv a: 2023 Infrastructure Review Meeting Minutes…………………………………pages 74 – 76 b: 2023 Areas of Concern Excel Doc……………………………………………………pages 77 – 80 Appendix v: Operational Plan Revision 8: Summary of Changes (Feb 2024)……page 81 Page 37 of 124 Page 481 of 769 July 12, 2023 Jessica Blanchard Water and Wastewater Services Coordinator City of Niagara Falls 3200 Stanley Ave, Niagara Falls, ON jblanchard@niagarafalls.ca Re: MECP Inspection ‐ Niagara Falls Distribution System (DWS# 260002304) Dear Ms. Blanchard, Please find the enclosed copy of the inspection report # 1-204127385 for the City of Niagara Falls Distribution System completed under the Ministry’s "unannounced focused" inspection protocol to assess compliance with Safe Drinking Water legislation. The report is based on conditions encountered at the time of inspection, and subsequent follow‐up. If applicable, any items with found within the section entitled “Non‐Compl iance/Non‐ Conformance Items” which have sections under legislative requirements outline non‐ compliance with regulatory requirements contained within an Act, a Regulation, or site‐ specific approvals, licenses, permits, orders, or guidelines. Please ensure that the required actions are completed within the prescribed timeframe, if applicable. The items with “Not Applicable” legislative requirements provide information to the owner or operating authority outlining practices or standards established throu gh existing and emerging industry standards that should be considered in order to advance current efforts. These items do not, in themselves, constitute violations. More recommendations may also be provided within the body of the report. In order to measure individual inspection results, the Ministry has established an inspection compliance risk framework based on the principles of the Inspection, Investigation & Enforcement (II&E) Secretariat and advice of internal/external risk experts. Ministère de l’Environnement de la Protection de la nature et des Parcs Division de la conformité en matière d’eau potable et d’environnement Direction régionale du Centre-Ouest Bureau de district de Niagara 9e étage, bureau 15 301, rue St. Paul St. Catharines, ON L2R 7R4 Tel.: 905 704-3900 1-800-263-1035 Fax: 905 704-4015 Ministry of the Environment, Conservation and Parks Drinking Water and Environmental Compliance Division West Central Region Niagara District Office 9th Floor, Suite 15 301 St. Paul Street St. Catharines, ON L2R 7R4 Tel.: 905-704-3900 1-800-263-1035 Fax.: 905-704-4015 1 Page 38 of 124 Page 482 of 769 The Inspection Summary Rating Record (IRR), included as an Appendix of the inspection report, provides the Ministry, the system owner and the local Public Health Units with a summarized quantitative measure of the drinking water system’s annual inspection and regulated water quality testing performance. IRR ratings are published (for the previous inspection year) in the Ministry’s Chief Drinking Water Inspectors’ Annual Report. Please note, the IRR will be sent separately and prior to any public release (typically within 1-2 month of the completion of the inspection). Thank you for the assistance during the inspection. If you have any questions or concerns, do not hesitate to contact me or Elizabeth Chee Sing, Acting Water Compliance Supervisor, West Central Region at 519-400-6731 or Elizabeth.cheesing@ontario.ca. Sincerely, Ivanna Okroukh Water Inspector (A) MECP Niagara District Office West Central Region 437-243-5462 ivanna.okroukh@ontario.ca Cc: Erik Nickel– Director Of Municipal Works, City of Niagara Falls Adam Allcock- Manager Of Water and Wastewater, City of Niagara Falls Colin Horne - Niagara Public Health Department Jason Wolf - Niagara Public Health Department Leilani Lee-Yates ‐ Niagara Peninsula Conservation Authority Thomas Proks- Niagara Peninsula Conservation Authority Elizabeth Chee Sing – Ministry of the Environment, Conservation and Parks Kiersten Atamanyk- Ministry of the Environment, Conservation and Parks 2 Page 39 of 124 Page 483 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs We want to hear from you. How was my service? You can provide feedback at 1-888-745-8888 or Ontario.ca/inspectionfeedback Page 1 of 15 CITY OF NIAGARA FALLS DISTRIBUTION SYSTEM 3200 STANLEY AVE, NIAGARA FALLS, ON, INSPECTION REPORT System Number:260002304 Entity:CITY OF NIAGARA FALLS Inspection Start Date:June 07, 2023 Inspection End Date:July 05, 2023 Inspected By:Ivanna Okroukh Badge #:2048 __________________ (signature) 3 Page 40 of 124 Page 484 of 769 Ministry of the Environment, Conservation & Parks Inspection Report TABLE OF CONTENTS: 2 5 APPENDICES: APPENDIX A APPENDIX B COVER LETTER NON-COMPLIANCE RECOMMENDATIONS INSPECTION DETAILS STAKEHOLDER APPENDIX INSPECTION RATING RECORD (IRR) 3 4 Page 41 of 124 Page 485 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number:1-204127385 Page 2 of 15 NON-COMPLIANCE This should not be construed as a confirmation of full compliance with all potential applicable legal requirements. These inspection findings are limited to the components and/or activities that were assessed, and the legislative framework(s) that were applied. It remains the responsibility of the owner to ensure compliance with all applicable legislative and regulatory requirements. If you have any questions related to this inspection, please contact the signed Provincial Officer. 5 Page 42 of 124 Page 486 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 3 of 15 RECOMMENDATIONS The following item(s) have been identified as non-conformance, based on a "No" response captured for a best management practice (BMP) question(s). For additional information on each question see the Inspection Details section of the report. Ministry Program: DRINKING WATER | Regulated Activity: DW Municipal Residential Item Question Recommendation(s) R-1 Question ID: DWMR1116000 Were the inspection questions sufficient to address other identified best practice issues? The following issues were also noted during the inspection: 1. New facilities are required to have backflow prevention devices installed as per the Ontario Building Code. While the implementation of a program has been delayed due to the pandemic, the City continues to discuss the tentative development of the backflow prevention program with upper management and the potential for updating the By-Law. The City is encouraged to continue the implementation of its backflow prevention program and recommends the City refer to the Ministry's Backflow Prevention Guide which provides comprehensive information and suggested approaches the City can undertake to prevent backflow and implement a program. During the inspection, the City indicated they are continuing and considering performing a structured risk assessment to potentially determine properties at the highest risk of experiencing backflow events, along with identify high risk properties that currently have backflow prevention on site and if they are functioning as required and being calibrated/maintained. The City has acquired a new position which will be dedicated to implementing the backflow prevention program. The City is encouraged to continue with their implementation. 2. The City moved to electronic logs on January 1, 2023, utilizing (Cartegraph OMS) where all operator reports, and main break reports are directly entered into the City's database. With 6 Page 43 of 124 Page 487 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 4 of 15 the shift towards electronic logs the City is encouraged to standardize their electronic logs to ensure information is being entered consistently, and operator main break report logs are synchronized allowing data reports to be provided in a clear and concise format. During the inspection, it was identified that water main break reports documentation for maintenance and repair activities was provided in multiple formats making it challenging to review documentation. The City is encourage to standardize their electronic watermain break record reports. 7 Page 44 of 124 Page 488 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 5 of 15 INSPECTION DETAILS This section includes all questions that were assessed during the inspection. Ministry Program: DRINKING WATER | Regulated Activity: DW Municipal Residential Question ID DWMR1001000 Question Type Information Legislative Requirement(s): Not Applicable Question: What was the scope of this inspection? Compliance Response(s)/Corrective Action(s)/Observation(s): The primary focus of this inspection is to confirm compliance with Ministry of the Environment, Conservation and Parks (MECP) legislation as well as evaluating conformance with ministry drinking water policies and guidelines during the inspection period. The ministry utilizes a comprehensive, multi-barrier approach in the inspection of water systems that focuses on the source, treatment, and distribution components as well as management practices. This drinking water system is subject to the legislative requirements of the Safe Drinking Water Act, 2002 (SDWA) and regulations made therein, including Ontario Regulation 170/03, "Drinking Water Systems" (O. Reg. 170/03). This inspection has been conducted pursuant to Section 81 of the SDWA. This inspection report does not suggest that all applicable legislation and regulations were evaluated. It remains the responsibility of the owner to ensure compliance with all applicable legislative and regulatory requirements. On June 7, 2023 Inspectors Ivanna Okroukh and Kiersten Atamanyk conducted an unannounced focused inspection of the Niagara Falls Distribution System, DWS # 260002304. During the inspection, the Inspectors met with Jessica Blanchard, Water and Wastewater Services Coordinator to obtain the required documentation. The inspection period covered September 1, 2022 - May 31, 2023. The Niagara Falls Distribution System is a class 2 water distribution system, which receives all treated water from the Region of Niagara's-Niagara Falls Water Treatment Plant. The City of Niagara Falls Distribution System provides drinking water to a population of approximately 92,069 people through approximately 490 km of City and 50 km of Regional watermains. The City watermains range in size from 25 mm to 450 mm and are primarily cast iron, ductile iron, asbestos cement and PVC piping. There are approximately 3,125 fire hydrants and 5,159 valves throughout the distribution system. The Niagara Falls distribution system distributes water to Bevan Heights Distribution System, located in the Town of Niagara-on-the-Lake and also indirectly supplies water to the Thorold (Port Robinson) Distribution System as a Regional main connected to the City's watermain on Brown Road supplies water to this portion of the City of Thorold. 8 Page 45 of 124 Page 489 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 6 of 15 Records reviewed in conjunction with this inspection include, but were not limited to: Drinking Water Works Permit (DWWP) 068-201, Issue 4, approved on August 30, 2019. Issue 5 of the Municipal Drinking Water Licence (MDWL) approved on January 15, 2020, along with other documents maintained by the owner/operator associated with regulatory requirements under the Safe Drinking Water Act. Question ID DWMR1000000 Question Type Information Legislative Requirement(s): Not Applicable Question: Does this drinking water system provide primary disinfection? Compliance Response(s)/Corrective Action(s)/Observation(s): This drinking water system provides for only secondary disinfection and distribution of water. Primary disinfection is undertaken by another regulated drinking water system which provides treated water to this drinking water system. Question ID DWMR1020000 Question Type Legislative Legislative Requirement(s): SDWA | 31 | (1); Question: Is the owner/operating authority able to demonstrate that, when required during the inspection period, Form 1 documents were prepared in accordance with their Drinking Water Works Permit? Compliance Response(s)/Corrective Action(s)/Observation(s): The owner/operating authority was in compliance with the requirement to prepare Form 1 documents as required by their Drinking Water Works Permit during the inspection period. During the inspection period two Form 1s were reviewed for the following watermain projects: • Montrose Rd, Lyons Creek Rd and Biggar Rd • Jordan Ave, Fern Ave and Marieclaude Ave Completed forms appear to meet the requirements of Condition 3 of Schedule B of the DWWP. Question ID DWMR1114000 Question Type Legislative Legislative Requirement(s): SDWA | 31 | (1); Question: Does the owner have evidence that, when required, all legal owners associated with the DWS were notified of the requirements of the Licence & Permit? 9 Page 46 of 124 Page 490 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 7 of 15 Compliance Response(s)/Corrective Action(s)/Observation(s): The owner had evidence that required notifications to all legal owners associated with the Drinking Water System had been made during the inspection period. References to the permits and licences are included in each contract related to the construction of new subdivisions. Question ID DWMR1025000 Question Type Legislative Legislative Requirement(s): SDWA | 31 | (1); Question: Were all parts of the drinking water system that came in contact with drinking water (added, modified, replaced or extended) disinfected in accordance with a procedure listed in Schedule B of the Drinking Water Works Permit? Compliance Response(s)/Corrective Action(s)/Observation(s): All parts of the drinking water system were disinfected in accordance with a procedure listed in Schedule B of the Drinking Water Works Permit. The Ministry's Watermain Disinfection Procedure (WDP) was updated and approved in August 2020. As per Condition 2.3.2, the City of Niagara Falls is required to follow the requirements of the updated Watermain Disinfection Procedure, August 2020. The City's watermain commissioning and watermain repairs documentation met the requirements of the 2020 Ontario Watermain Disinfection Procedure. Question ID DWMR1033000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 7-2 | (3); SDWA | O. Reg. 170/03 | 7-2 | (4); Question: Is the secondary disinfectant residual measured as required for the large municipal residential distribution system? Compliance Response(s)/Corrective Action(s)/Observation(s): The secondary disinfectant residual was measured as required for the large municipal residential distribution system. The City of Niagara Falls monitors free chlorine residual in the distribution system, utilizing the 4/3 option as described in Sched. 7-2(4) of O. Reg. 170/03 (ie. at least 4 samples taken on one day of the week, at least 3 samples taken on a second day of the week, at least 48 hours apart). The City generally samples more locations than required. The minimum FCR concentration recorded during the period was 0.10 mg/L on September 20 2022. The City flushes three areas of concerns two or three times a week. Question ID DWMR1099000 Question Type Information 10 Page 47 of 124 Page 491 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 8 of 15 Legislative Requirement(s): Not Applicable Question: Do records show that all water sample results taken during the inspection review period did not exceed the values of tables 1, 2 and 3 of the Ontario Drinking Water Quality Standards (O. Reg. 169/03)? Compliance Response(s)/Corrective Action(s)/Observation(s): Records did not show that all water sample results taken during the inspection review period did not exceed the values of tables 1, 2 and 3 of the Ontario Drinking Water Quality Standards (O. Reg. 169/03). During the inspection period there were two sample results that exceeded the value under O. Reg.169/03 of the Ontario Drinking Water Quality Standard. - May 9, 2023, Total Coliform 1, sample taken at Johnny Rocco's Restaurant at 6889 Lundy's Lane. All re-samples came back clear. - September 14, 2022, Lead exceedance at distribution sample location (4298 Fifth Ave), with a result of 49 ug/L. On September 19, 2022, the City of Niagara Falls ordered locates to confirm if the City infrastructure side of the service is copper. It was determined that the City-owned component of the service was copper, while it is likely that the internal plumbing of the house has remained lead. The property owner/tenant were informed as required. Once the City-owned portion of the service was confirmed to be copper, it was concluded by the City that the exceedance observed in the distribution sample at this address was likely a result of a sampling error, as the tap inside the home was likely was not flushed adequately to be a true representative sample of the distribution system. Re-samples of the distribution system came back clear. All corrective actions were completed as required. Question ID DWMR1081000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 10-2 | (1); SDWA | O. Reg. 170/03 | 10-2 | (2); SDWA | O. Reg. 170/03 | 10-2 | (3); Question: For LMR systems, are all microbiological water quality monitoring requirements for distribution samples being met? Compliance Response(s)/Corrective Action(s)/Observation(s): All microbiological water quality monitoring requirements prescribed by legislation for distribution samples in a large municipal residential system were being met. 11 Page 48 of 124 Page 492 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 9 of 15 As the population served by the system was recently updated to close to 92,069 people in 2022, the minimum number of microbiological samples required per month is now increased to 100 (8+92) as paragraph 10-2 (1) (a) of Schedule 10 of O. Reg. 170/03 mentions: 10-2. (1) The owner of a drinking water system and the operating authority for the system shall ensure that, (a) if the system serves 100,000 people or less, at least eight distribution samples, plus one additional distribution sample for every 1,000 people served by the system, are taken every month, with at least one of the samples being taken in each week. During the inspection period, the city complied with the minimum microbiological sampling requirements. In addition, at least 25% of these samples must also be tested for Heterotrophic Plate Count (HPC). All bacteriological samples were tested for HPC. Question ID DWMR1096000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 6-3 | (1); Question: Do records confirm that chlorine residual tests are being conducted at the same time and at the same location that microbiological samples are obtained? Compliance Response(s)/Corrective Action(s)/Observation(s): Records confirmed that chlorine residual tests were being conducted at the same time and at the same location that microbiological samples were obtained. Question ID DWMR1086000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 13-6.1 | (1); SDWA | O. Reg. 170/03 | 13-6.1 | (2); SDWA | O. Reg. 170/03 | 13-6.1 | (3); SDWA | O. Reg. 170/03 | 13-6.1 | (4); SDWA | O. Reg. 170/03 | 13-6.1 | (5); SDWA | O. Reg. 170/03 | 13-6.1 | (6); Question: Are all haloacetic acid water quality monitoring requirements prescribed by legislation conducted within the required frequency and at the required location? Compliance Response(s)/Corrective Action(s)/Observation(s): All haloacetic acid water quality monitoring requirements prescribed by legislation were conducted within the required frequency and at the required location. Haloacetic Acid (HAA) samples were collected and tested on a quarterly basis with an annual running average of 9.36 ug/L. The limit for this parameter is 80 µg/L. The City takes samples at two different locations throughout its distribution system. 12 Page 49 of 124 Page 493 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 10 of 15 Question ID DWMR1087000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 13-6 | (1); SDWA | O. Reg. 170/03 | 13-6 | (2); SDWA | O. Reg. 170/03 | 13-6 | (3); SDWA | O. Reg. 170/03 | 13-6 | (4); SDWA | O. Reg. 170/03 | 13-6 | (5); SDWA | O. Reg. 170/03 | 13-6 | (6); Question: Have all trihalomethane water quality monitoring requirements prescribed by legislation been conducted within the required frequency and at the required location? Compliance Response(s)/Corrective Action(s)/Observation(s): All trihalomethane water quality monitoring requirements prescribed by legislation were conducted within the required frequency and at the required location. Trihalomethane (THM) samples were collected and tested on a quarterly basis with an annual running average of 33.25 ug/L. The drinking water standard for THMs is 100 ug/L, expressed as a running annual average. Question ID DWMR1094000 Question Type Legislative Legislative Requirement(s): SDWA | 31 | (1); Question: Are all water quality monitoring requirements imposed by the MDWL and DWWP being met? Compliance Response(s)/Corrective Action(s)/Observation(s): All water quality monitoring requirements imposed by the MDWL or DWWP issued under Part V of the SDWA were being met. Condition 1 of Schedule D of Issue 5 of MDWL 068-101 allows the City of Niagara Falls to take less lead samples than would be required by Schedule 15.1 of O. Reg. 170/03. However, the City is required to make every reasonable effort to ensure samples taken in accordance with Table 1 are within areas identified in the Niagara Falls Distribution System Lead Sampling Map, dated July 24, 2014. The City is required to take the following samples during every lead sampling session: • Number of Sampling Points in Plumbing that Serves Private Residences: 20 • Number of Sampling Points in Plumbing that Does Not Serve Private Residences: 2 • Number of Sampling Points in Distribution System: 4 All water quality monitoring requirements were being met. Question ID DWMR1101000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 17-1; SDWA | O. Reg. 170/03 | 17-10 | (1); SDWA | O. Reg. 170/03 | 17-11; SDWA | O. Reg. 170/03 | 17-12; SDWA | O. Reg. 170/03 | 17-13; SDWA | O. Reg. 13 Page 50 of 124 Page 494 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 11 of 15 170/03 | 17-14; SDWA | O. Reg. 170/03 | 17-2; SDWA | O. Reg. 170/03 | 17-3; SDWA | O. Reg. 170/03 | 17-4; SDWA | O. Reg. 170/03 | 17-5; SDWA | O. Reg. 170/03 | 17-6; SDWA | O. Reg. 170/03 | 17-9; Question: For LMR Systems, have corrective actions (as per Schedule 17 of O. Reg. 170/03) been taken to address adverse conditions, including any other steps as directed by the Medical Officer of Health? Compliance Response(s)/Corrective Action(s)/Observation(s): Corrective actions (as per Schedule 17), including any other steps that were directed by the Medical Officer of Health, had been taken to address adverse conditions. Question ID DWMR1103000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 15.1-10; Question: Have corrective actions as directed by the Medical Officer of Health been taken by the owner and operating authority to address exceedances of the lead standard in plumbing? Compliance Response(s)/Corrective Action(s)/Observation(s): Corrective actions as directed by the Medical Officer of Health had been taken by the owner and operating authority to address exceedances of the lead standard. Question ID DWMR1104000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 16-6 | (1); SDWA | O. Reg. 170/03 | 16-6 | (2); SDWA | O. Reg. 170/03 | 16-6 | (3); SDWA | O. Reg. 170/03 | 16-6 | (3.1); SDWA | O. Reg. 170/03 | 16-6 | (3.2); SDWA | O. Reg. 170/03 | 16-6 | (4); SDWA | O. Reg. 170/03 | 16-6 | (5); SDWA | O. Reg. 170/03 | 16-6 | (6); Question: Were all required verbal notifications of adverse water quality incidents immediately provided as per O. Reg. 170/03 16-6? Compliance Response(s)/Corrective Action(s)/Observation(s): All required notifications of adverse water quality incidents were immediately provided as per O. Reg. 170/03 16-6. Question ID DWMR1113000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 10.1 | (3); Question: 14 Page 51 of 124 Page 495 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 12 of 15 Have all changes to the system registration information been provided to the Ministry within ten (10) days of the change? Compliance Response(s)/Corrective Action(s)/Observation(s): All changes to the system registration information were provided within ten (10) days of the change. The Drinking Water Information Form was submitted to the Ministry on January 30, 2023, to update the system contact information. The profile update was submitted via waterforms@ontario.ca as required. Question ID DWMR1059000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 128/04 | 28; Question: Do the operations and maintenance manuals contain plans, drawings and process descriptions sufficient for the safe and efficient operation of the system? Compliance Response(s)/Corrective Action(s)/Observation(s): The operations and maintenance manuals contained plans, drawings and process descriptions sufficient for the safe and efficient operation of the system. A current copy of the operation and maintenance (O&M) manual is kept at the Public Works building at 3200 Stanley Avenue. The manual does not contain drawings of the system, the City's DS drawings can be viewed on the City's Geographic Information System (GIS) called "The Niagara Falls Viewer". Question ID DWMR1060000 Question Type Legislative Legislative Requirement(s): SDWA | 31 | (1); Question: Do the operations and maintenance manuals meet the requirements of the DWWP and MDWL issued under Part V of the SDWA? Compliance Response(s)/Corrective Action(s)/Observation(s): The operations and maintenance manuals met the requirements of the Drinking Water Works Permit and Municipal Drinking Water Licence issued under Part V of the SDWA. Question ID DWMR1061000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 128/04 | 27 | (1); SDWA | O. Reg. 128/04 | 27 | (2); SDWA | O. Reg. 128/04 | 27 | (3); SDWA | O. Reg. 128/04 | 27 | (4); SDWA | O. Reg. 128/04 | 27 | (5); SDWA | O. Reg. 128/04 | 27 | (6); SDWA | O. Reg. 128/04 | 27 | (7); 15 Page 52 of 124 Page 496 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 13 of 15 Question: Are logbooks properly maintained and contain the required information? Compliance Response(s)/Corrective Action(s)/Observation(s): Logbooks were properly maintained and contained the required information. The City moved to electronic logs on January 1, 2023, utilizing (Cartegraph OMS) where all operator reports, and main break reports are directly entered into the City's database. All records are associated to the City's assets and tasks have been created and time stamped when an operator has completed the task. The City is encouraged to continue the on-going improvements of their electronic logs and ensure training has been provided to operators as changes are implemented in the electronic database. See Question ID: DWMR1116000, that highlights best management practices for the City's watermain break electronic logs. Question ID DWMR1062000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 170/03 | 7-5; Question: Do records or other record keeping mechanisms confirm that operational testing not performed by continuous monitoring equipment is being done by a certified operator, water quality analyst, or person who meets the requirements of O. Reg. 170/03 7-5? Compliance Response(s)/Corrective Action(s)/Observation(s): Records or other record keeping mechanisms confirmed that operational testing not performed by continuous monitoring equipment was being done by a certified operator, water quality analyst, or person who suffices the requirements of O. Reg. 170/03 7-5. Question ID DWMR1071000 Question Type BMP Legislative Requirement(s): Not Applicable Question: Has the owner provided security measures to protect components of the drinking water system? Compliance Response(s)/Corrective Action(s)/Observation(s): The owner had provided security measures to protect components of the drinking water system. The City has two bulk filling stations, one located on Stanley Ave across from the Public Works building and one at the corner of Stanley Ave and Chippawa Parkway. Both stations are locked with access codes and the area is monitored using security cameras. The stations are also equipped with backflow devices and are tested annually, the devices were last calibrated/tested on June 15, 2023. 16 Page 53 of 124 Page 497 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 14 of 15 Question ID DWMR1073000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 128/04 | 23 | (1); Question: Has the overall responsible operator been designated for all subsystems which comprise the drinking water system? Compliance Response(s)/Corrective Action(s)/Observation(s): The overall responsible operator had been designated for each subsystem. Niagara Falls Distribution system is classified as a Class 2 DS which received License #1445 on July 18, 2005. The designated ORO is Michael Pullano, who holds a valid Class 2 license, expiring May 31, 2024. Jonathan Danyluck has been designated as the backup ORO, who holds a valid Class 2 license, expiring Sept 30, 2024. Question ID DWMR1074000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 128/04 | 25 | (1); Question: Have operators-in-charge been designated for all subsystems which comprise the drinking water system? Compliance Response(s)/Corrective Action(s)/Observation(s): Operators-in-charge had been designated for all subsystems which comprise the drinking water system. Question ID DWMR1075000 Question Type Legislative Legislative Requirement(s): SDWA | O. Reg. 128/04 | 22; Question: Do all operators possess the required certification? Compliance Response(s)/Corrective Action(s)/Observation(s): All operators possessed the required certification. A search of the Ontario Water Wastewater Certification Office (OWWCO) operator listing report website showed that all operators have the required certification. Question ID DWMR1116000 Question Type BMP Legislative Requirement(s): Not Applicable Question: 17 Page 54 of 124 Page 498 of 769 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-204127385 Page 15 of 15 Were the inspection questions sufficient to address other identified best practice issues? Compliance Response(s)/Corrective Action(s)/Observation(s): The following issues were also noted during the inspection: 1. New facilities are required to have backflow prevention devices installed as per the Ontario Building Code. While the implementation of a program has been delayed due to the pandemic, the City continues to discuss the tentative development of the backflow prevention program with upper management and the potential for updating the By-Law. The City is encouraged to continue the implementation of its backflow prevention program and recommends the City refer to the Ministry's Backflow Prevention Guide which provides comprehensive information and suggested approaches the City can undertake to prevent backflow and implement a program. During the inspection, the City indicated they are continuing and considering performing a structured risk assessment to potentially determine properties at the highest risk of experiencing backflow events, along with identify high risk properties that currently have backflow prevention on site and if they are functioning as required and being calibrated/maintained. The City has acquired a new position which will be dedicated to implementing the backflow prevention program. The City is encouraged to continue with their implementation. 2. The City moved to electronic logs on January 1, 2023, utilizing (Cartegraph OMS) where all operator reports, and main break reports are directly entered into the City's database. With the shift towards electronic logs the City is encouraged to standardize their electronic logs to ensure information is being entered consistently, and operator main break report logs are synchronized allowing data reports to be provided in a clear and concise format. During the inspection, it was identified that water main break reports documentation for maintenance and repair activities was provided in multiple formats making it challenging to review documentation. The City is encourage to standardize their electronic watermain break record reports. 18 Page 55 of 124 Page 499 of 769 Ministry of the Environment, Conservation & Parks Inspection Report Appendix A Stakeholder Appendix 19 Page 56 of 124 Page 500 of 769 February 2, 2023 Key Reference and Guidance Material for Municipal Residential Drinking Water Systems Many useful materials are available to help you operate your drinking water system. Below is a list of key materials owners and operators of municipal residential drinking water systems frequently use. To access these materials online click on their titles below or use your web browser to search for their titles. Contact the Ministry if you need assistance or have questions at 1-866-793-2588 or waterforms@ontario.ca. For more information on Ontario’s drinking water visit www.ontario.ca/page/drinking-water Click on the publication below to access it •Drinking Water System Profile Information Form - 012-2149E •Laboratory Services Notification Form – 012-2148E •Adverse Test Result Notification Form – 012-4444E •Taking Care of Your Drinking Water: A Guide for Members of Municipal Councils •Procedure for Disinfection of Drinking Water in Ontario •Strategies for Minimizing the Disinfection Products Trihalomethanes and Haloacetic Acids •Filtration Processes Technical Bulletin •Ultraviolet Disinfection Technical Bulletin •Guide for Applying for Drinking Water Works Permit Amendments, & License Amendments •Certification Guide for Operators and Water Quality Analysts •Training Requirements for Drinking Water Operator •Community Sampling and Testing for Lead: Standard and Reduced Sampling and Eligibility for Exemption •Drinking Water System Contact List – 7128E01 •Ontario's Drinking Water Quality Management Standard - Pocket Guide •2020 Watermain Disinfection Procedure •List of Licensed Laboratories 20 Page 57 of 124 Page 501 of 769 Ministry of the Environment, Conservation & Parks Inspection Report Appendix B Inspection Rating Record (IRR) 21 Page 58 of 124 Page 502 of 769 Ministry of the Environment, Conservation & Parks Inspection Report NOTE: IRR SCORE TO FOLLOW IN A SEPARATE EMAIL 22 Page 59 of 124 Page 503 of 769 APPLICATION OF THERISK METHODOLOGY USED FOR MEASURING MUNICIPAL RESIDENTIAL DRINKING WATER SYSTEM INSPECTION RESULTS The Ministry of the Environment (MOE) has a rigorous and comprehensive inspection program for municipal residential drinking water systems (MRDWS). Its objective is to determine the compliance of MRDWS with requirements under the Safe Drinking Water Act and associated regulations. It is the responsibility of the municipal residential drinking water system owner to ensure their drinking water systems are in compliance with all applicable legal requirements. This document describes the risk rating methodology, which has been applied to the findings of the Ministry’s MRDWS inspection results since fiscal year 2008-09. The primary goals of this assessment are to encourage ongoing improvement of these systems and to establish a way to measure this progress. MOE reviews the risk rating methodology every three years. The Ministry’s Municipal Residential Drinking Water Inspection Protocol contains 15 inspection modules consisting of approximately 100 regulatory questions. Those protocol questions are also linked to definitive guidance that ministry inspectors use when conducting MRDWS inspections. PIBS 6797e April 2012 ontario.ca/drinkingwater 23 Page 60 of 124 Page 504 of 769 2 APPLICATION OF RISK METHODOLOGY The questions address a wide range of regulatory issues, from administrative procedures to drinking water quality monitoring. The inspection protocol also contains a number of non-regulatory questions. A team of drinking water specialists in the ministry assessed each of the inspection protocol regulatory questions to determine the risk (not complying with the regulation) to the delivery of safe drinking water. This assessment was based on established provincial risk assessment principles, with each question re- ceiving a risk rating referred to as the Question Risk Rating. Based on the number of areas where a system is deemed to be non-compliant during the inspection, and the significance of these areas to administrative, environmental, and health consequences, a risk- based inspection rating is calculated by the ministry for each drinking water system. It is important to be aware that an inspection rating less than 100 per cent does not mean the drinking water from the system is unsafe. It shows areas where a system’s operation can improve. The ministry works with owners and operators of systems to make sure they know what they need to do to achieve full compliance. The inspection rating reflects the inspection results of the specific drinking water system for the report- ing year. Since the methodology is applied consis- tently over a period of years, it serves as a compara- tive measure both provincially and in relation to the individual system. Both the drinking water system and the public are able to track the performance over time, which encourages continuous improvement and allows systems to identify specific areas requir- ing attention. The ministry’s annual inspection program is an im- portant aspect of our drinking water safety net. The ministry and its partners share a common commit- ment to excellence and we continue to work toward the goal of 100 per cent regulatory compliance. Determining Potential to Compromise the Delivery of Safe Water The risk management approach used for MRDWS is aligned with the Government of Ontario’s Risk Management Framework. Risk management is a systematic approach to identifying potential hazards, understanding the likelihood and consequences of the hazards, and taking steps to reduce their risk if necessary and as appropriate. The Risk Management Framework provides a formu- la to be used in the determination of risk: Every regulatory question in the inspection proto- col possesses a likelihood value (L) for an assigned consequence value (C) as described in Table 1 and Table 2. TABLE 1: Likelihood of Consequence Occurring Likelihood Value 0% - 0.99% (Possible but Highly Unlikely)L = 0 1 – 10% (Unlikely)L = 1 11 – 49% (Possible)L = 2 50 – 89% (Likely)L = 3 90 – 100% (Almost Certain)L = 4 TABLE 2: Consequence Consequence Value Medium Administrative Consequence C = 1 Major Administrative Consequence C = 2 Minor Environmental Consequence C = 3 Minor Health Consequence C = 4 Medium Environmental Consequence C = 5 Major Environmental Consequence C = 6 Medium Health Consequence C = 7 Major Health Consequence C = 8 RISK = LIKELIHOOD × CONSEQUENCE (of the consequence) 24 Page 61 of 124 Page 505 of 769 3APPLICATION OF RISK METHODOLOGY The consequence values (0 through 8) are selected to align with other risk-based programs and projects currently under development or in use within the ministry as outlined in Table 2. The Question Risk Rating for each regulatory in- spection question is derived from an evaluation of every identified consequence and its correspond- ing likelihood of occurrence: •All levels of consequence are evaluated for their potential to occur •Greatest of all the combinations is selected. TABLE 3: Does the Operator in Charge ensure that the equipment and processes are monitored, inspected and evaluated? Risk = Likelihood × Consequence C=1 C=2 C=3 C=4 C=5 C=6 C=7 C=8 Medium Administrative Consequence Major Administrative Consequence Minor Environmental Consequence Minor Health Consequence Medium Environmental Consequence Major Environmental Consequence Medium Health Consequence Major Health Consequence L=4 (Almost Certain) L=1 (Unlikely L=2 (Possible) L=3 (Likely) L=3 (Likely) L=1 (Unlikely L=3 (Likely) L=2 (Possible) R=4 R=2 R=6 R=12 R=15 R=6 R=21 R=16 Application of the Methodology to Inspection Results The Question Risk Rating quantifies the risk of non-compliance of each question relative to the others. Questions with higher values are those with a potentially more significant impact on drinking water safety and a higher likelihood of occurrence. The highest possible value would be 32 (4×8) and the lowest would be 0 (0×1). Table 3 presents a sample question showing the risk rating determination process. Based on the results of a MRDWS inspection, an overall inspection risk rating is calculated. During an inspection, inspectors answer the questions related to regulatory compliance and input their “yes”, “no” or “not applicable” responses into the Ministry’s Laboratory and Waterworks Inspection System (LWIS) database. A “no” response indicates non- compliance. The maximum number of regulatory questions asked by an inspector varies by: system (i.e., distribution, stand-alone); type of inspection (i.e., focused, detailed); and source type (i.e., groundwater, surface water). The risk ratings of all non-compliant answers are summed and divided by the sum of the risk ratings of all questions asked (maximum question rating). The resulting inspection risk rating (as a percentage) is subtracted from 100 per cent to arrive at the final inspection rating. 25 Page 62 of 124 Page 506 of 769 4 APPLICATION OF RISK METHODOLOGY 1.Source 2.Permit to Take Water 3.Capacity Assessment 4. Treatment Processes 5. Treatment Process Monitoring 6. Process Wastewater 7. Distribution System 8. Operations Manuals 9.Logbooks 10.Contingency and Emergency Planning 11. Consumer Relations 12. Certification and Training 13. Water Quality Monitoring 14. Reporting, Notification and Corrective Actions 15.Other Inspection Findings For further information, please visit www.ontario.ca/drinkingwater Figure 1: Year Over Year Distribution of MRDWS Ratings Reporting Results to MRDWS Owners/Operators A summary of inspection findings for each system is generated in the form of an Inspection Rating Record (IRR). The findings are grouped into the 15 possible modules of the inspection protocol, 0 100 200 300 400 500 600 700 YEAR A YEAR B YEAR C YEAR D YEAR E 100% Rating NUMBER OF INSPECTION RATINGS>95% to 100%>90% to 95%>85% to 90%>50% to 80%>80% to 85% 512 538 572 586 585 137 117 92 77 75 18 13 5 7 7 12 16 8 12 9 33 26 22 18 17 233 281 349 344 406 279 257 223 242 179 5% RATING BANDING BY YEAR which would provide the system owner/operator with information on the areas where they need to improve. The 15 modules are: Application of the Methodology for Public Reporting The individual MRDWS Total Inspection Ratings are published with the ministry’s Chief Drinking Water Inspector’s Annual Report. Figure 1 presents the distribution of MRDWS rat- ings for a sample of annual inspections. Individual drinking water systems can compare against all the other inspected facilities over a period of inspection years. 26 Page 63 of 124 Page 507 of 769 Ministry of the Environment, Conservation and Parks - Inspection Summary Rating Record (Reporting Year - 2023-24) DWS Name:City of Niagara Falls Distribution System DWS Number:260002304 DWS Owner:CITY OF NIAGARA FALLS Municipal Location:NIAGARA FALLS Regulation:O.REG. 170/03 DWS Category:DW Municipal Residential Type of Inspection:Focused Inspection Date:Jun-7-2023 Ministry Office:Niagara District Office Maximum Risk Rating:238 Inspection Module Non Compliance Risk (X out of Y) Certification and Training 0/28 Logbooks 0/18 Operations Manuals 0/28 Reporting & Corrective Actions 0/67 Treatment Processes 0/46 Water Quality Monitoring 0/51 Overall - Calculated 0/238 Inspection Risk Rating: 0.00% Final Inspection Rating: 100.00% Inspection Rating Record Generated On 2023-07-17 (Inspection ID: 1-204127385) 27Page 64 of 124Page 508 of 769 Ministry of the Environment, Conservation and Parks - Detailed Inspection Rating Record (Reporting Year - 2023-24) DWS Name:City of Niagara Falls Distribution System DWS Number:260002304 DWS Owner Name:CITY OF NIAGARA FALLS Municipal Location:NIAGARA FALLS Regulation:O.REG. 170/03 DWS Category:DW Municipal Residential Type of Inspection:Focused Inspection Date:Jun-7-2023 Ministry Office:Niagara District Office All legislative requirements were met. No detailed rating scores. Maximum Question Rating:238 Inspection Risk Rating:0.00% FINAL INSPECTION RATING:100.00% Inspection Rating Record Generated On 2023-07-17 (Inspection ID: 1-204127385) 28Page 65 of 124Page 509 of 769 Corporation of the City of Niagara Falls 3200 Stanley Avenue Niagara Falls, Ontario L2E 6S4 CAN C0122263 Audit Type Re-certification Audit Auditor James Pang Standard Ontario's Drinking Water Quality Management Standard Version 2 (Exp Date: 06-OCT-2023) Audit Date(s): 07/28/2023 - 07/31/2023 Recommendation Ontario's Drinking Water Quality Management Standard Version 2 : Recertification; No NCRs 29 Page 66 of 124 Page 510 of 769 NSF International Strategic Registrations | www.nsf-isr.org 8/23/2023 2 | 7 Executive Summary Ontario's Drinking Water Quality Management Standard Version 2 The QMS Rep is very willing to learn of good management practices by other Operating Authorities. Opportunities Ontario's Drinking Water Quality Management Standard Version 2 See the 7 OFIs. Corrective Action Requests There is NO Corrective Action Request in this audit. Site Information The audit was based on a sampling of the company's management system. Industry Codes NACE:E 41 Scope of Registration Ontario's Drinking Water Quality Management Standard Version 2 : City of Niagara Falls Drinking Water System, 068-OA1, Entire Full Scope Accreditation 30 Page 67 of 124 Page 511 of 769 NSF International Strategic Registrations | www.nsf-isr.org 8/23/2023 3 | 7 Opportunities for Improvements Ontario's Drinking Water Quality Management Standard Version 2 Opportunity Observations / Auditor Notes Opportunities for Improvements (DWQMS)-01 Location of OFI Risk Assessment; Discussed With Jessica Blanchard; Description As an improvement, the management may consider to conduct the once every 36 month risk assessment whereby all previous rankings and probabilities are removed for fresh evaluation. ; Opportunities for Improvements (DWQMS)-02 Location of OFI Review and Provision of Infrastructure; Discussed With Jessica Blanchard; Description Although in general conformance, as an improvement, the management may consider dating the file entitled "2022 Infrastructure Review Areas of Concern" to track this record. This may be carried out as a file title or witihin the excel sheet itself.; Opportunities for Improvements (DWQMS)-03 Location of OFI Infrastructure Maintenance, Rehabilitation and Renewal; Discussed With Jessica Blanchard; Description Two improvements are required here: 1 - to list the infrastructure for the DWS. 2 - to ensure that the Plan is always at least five years current. The above are industrial practice for DWS planning. Failure to carry out the above OFI may result in an NCR in the future. ; Opportunities for Improvements (DWQMS)-04 Location of OFI Sampling, Testing and Monitoring; Discussed With Jessica Blanchard; Description Review layout of sampling points to be in general conformance. However, monitoring of the water quality at the Calaguiro Estates and surrounding area can be improved by reviewing the sampling results collected by NOTL operating authority. A sampling station may be installed when a new subdivision emerges in the future.; Opportunities for Improvements (DWQMS)-05 Location of OFI Measurement and Recording Equipment Calibration and Maintenance; Discussed With Jessica Blanchard; Description Some blank free chlorine reagents were found in one of the operator's (Paul T.) colorimeter kit. These were not labelled on both sides. However, the container for these unlabelled reagents showed that they were free chlorine with expiry date of 09/27. There is a risk should Paul's truck or the colorimeter kit is shared with others. Therefore, an OFI is raised to prevent such an occurrence. ; Opportunities for Improvements (DWQMS)-06 Location of OFI Emergency Management; Discussed With Jessica Blanchard; Description Reviewed a record of a test of an emergency situation involving three fictitious events. This was carried out on Nov 18, 2022 among five staff, namely Jessica Blanchard, Adam Allcock, Mike Pullano, Jonathan Danyluck, Andrew Carruthers, Sean Escandon. Although it was in general conformance, the management may consider to conduct more 31 Page 68 of 124 Page 512 of 769 NSF International Strategic Registrations | www.nsf-isr.org 8/23/2023 4 | 7 Opportunity Observations / Auditor Notes of the same exercises so that more operators can experience it. It was noted that only 5 out of more than 30 operators were involved. ; Opportunities for Improvements (DWQMS)-07 Location of OFI Management Review; Discussed With Jessica Blanchard; Description Reviewed the minutes of management review held on Feb 16, 2023 attended by Erik Nickel, Adam Allcock and Jessica Blanchard. Although action and decisions formed part of the minutes of review, as an improvement, the management was to consider to document the new action items together with their respective timelines and responsible parties.; General Information Operating Authority: Legal Name & Address Corporation of the City of Nagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Language Preference: Correspondence English Language Preference: Audit English Owner: Legal Name and Address Corporation of the City of Nagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Owner Language Preference: Correspondence English Owner Language Preference: Audit English Applicant Representative Information; Include Name, Title, Phone, Fax, Email & Website Jessica Blanchard Environmental Services Coordinator, City of Niagara Falls, (905) 356-7521 ext. 6209 Fax 905-356-6460 jblanchard@niagarafalls.c a Accreditation Option Full Scope - Entire DWQMS Date of Previous Systems Audit:May 10 & 11, 2022 Date of Previous On-Site Verification Audit:July 29 & 30, 2020 Processes Ontario's Drinking Water Quality Management Standard Version 2 Process Name Observations / Auditor Notes Processes or Activities (DWQMS)-01 Describe whether the process is effective or not (effectiveness should be supported with specific data/records/results). Include strengths & weaknesses of process: Conforming elements as follows: 1 - All 21 elements were addressed in the Operational Plan (OP) Rev 7. 2 - Posted at the service centre. Satisfactorily interviewed Paul Tanasi and Dave Maclean for their understanding of the QMS policy. 3 - Reviewed minutes of Council Resolution approving the OP on March 21, 2023 submitted by the Top Management (General Manger, Municipal Works) and the CAO on March 14, 2023. 32 Page 69 of 124 Page 513 of 769 NSF International Strategic Registrations | www.nsf-isr.org 8/23/2023 5 | 7 Process Name Observations / Auditor Notes 4 - The Department of Municipal Works Water & Wastewater Services Coordinator has been appointed as the Quality Management System Representative for the City of Niagara Falls QMS. 5 - Documents and records requested during the 2-day audit were provided in a timely manner. 6 - As described in section 6 of the OP. 8 - Review AWQI 159242 regarding absence of residual chlorine, and AWQI 160034 regarding lead detected in water sample. Both reports were complete and acceptable. 9 - As described in section 9 of the OP, and in DWQMS Roles, Responsibilities and Authorities Matrix (MW-WWW-DWS-LM-005-001. 10 - All 31 water operators held valid competency licenses; 11 - The after hours operators were on a collective agreement whereby the supervisor in charge would offer an over-time job to the most eligible candidate of the day. No set schedule was possible based on the system. 12 - Reviewed sample communications between the top management (TM) and the four parties (owner, staff, suppliers and the public) to be in general conformance. TM/owner: DWQMS report 2022 presented to the owner on Mar 21, 2023. TM/staff: email to QMS rep on Mar 30, 2023 regarding best practices for locates. TM/supplier: email dated Feb 10, 2023 to Water Concepts for order of free chlorine reagents pillows. TM/public: TM-approved OP posted on city website. 13 - Reviewed the ESS list to be in general conformance. 19 - Reviewed internal audit report prepared by Acclaims Environmental for their audit conducted on December 16 and 21, 2022 to be generally conformance. 21 - Reviewed a tabulation of continual improvements of the QMS with 13 items listed of which 4 were for 2023 to be in general conformance. 33 Page 70 of 124 Page 514 of 769 NSF International Strategic Registrations | www.nsf-isr.org 8/23/2023 6 | 7 Summary of Findings Requirement Finding 1. Quality Management System C 2. Quality Management System Policy C 3. Commitment and Endorsement C 4. Quality Management System Representative C 5. Document and Record Control C 6. Drinking-Water System C 7. Risk Assessment OFI 8. Risk Assessment Outcomes C 9. Organizational Structure, Roles, Responsibilities, and Authorities C 10. Competencies C 11. Personnel Coverage C 12. Communications C 13. Essential Supplies and Services C 14. Review and Provision of Infrastructure OFI 15. Infrastructure Maintenance, Rehabilitation & Renewal OFI 16. Sampling, Testing & Monitoring OFI 17. Measurement & Recording Equipment, Calibration & Maintenance OFI 18. Emergency Management OFI 19. Internal Audits C 20. Management Review OFI 21. Continual Improvement C Mj Major Non-Conformity. The auditor has determined one of the following: (a) a required element of the DWQMS has not been incorporated into a QMS: (b) a systemic problem with a QMS is evidenced by two or more minor conformities; or (c) a minor non-conformity identified in a corrective action request has not been remedied. Mn Minor Non-Conformity. In the opinion of the auditor, part of a required element of the DWQMS has not been incorporated satisfactorily into a QMS. OFI Opportunity for Improvement. Conforms to requirement, but there is opportunity for improvement. C Conforms to requirement. Not Applicable to this audit *Additional Comment added by auditor in the body of the report. 34 Page 71 of 124 Page 515 of 769 NSF International Strategic Registrations | www.nsf-isr.org 8/23/2023 7 | 7 Verification of CARs For Ontario's Drinking Water Quality Management Standard Version 2 Have you verified the effectiveness of all previous CARs? (List all new CAR's that you initiated in this report because you did not verify effective implementation of a previous CAR) N/A. Discuss your evaluation in detail. No CAR from the previous audit. 35 Page 72 of 124 Page 516 of 769 Drinking Water Quality Management Standard (DWQMS 2.0) Internal Audit Report For the period of: December 22, 2022 to December 18, 2023 For: City of Niagara Falls Water & Wastewater Services City of Niagara Falls Distribution System Conducted by: acclaims.ca Audit dates: December 13 and 18, 2023 Report date: December 22, 2023 36 Page 73 of 124 Page 517 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 1 of 37 1.0 Overview & Objectives Acclaims Environmental Inc. was retained to conduct an internal audit of the City of Niagara Falls’ quality management system (QMS) on December 13 and 18, 2023 to determine whether it conforms to the requirements of the Drinking Water Quality Management Standard (DWQMS 2.0); and to assess whether the QMS is effectively implemented. As the last internal audit was conducted on December 16 and 21, 2022, this audit focused on the period between December 22, 2022 and December 18, 2023. This report summarizes the audit results in section 2.0 Audit Findings, categorizing positive findings, non- conformities and opportunities for improvement. 1.1 Risks and Opportunities The risk-based approach was used in conducting this audit; which considers risks and opportunities to ensure that the audit focuses on matters that are significant for the auditee and for achieving the audit program objectives. In any audit, potential risks can include those related to ineffective: planning / identification of external and internal issues; resources; audit team; communication; audit program implementation / monitoring / improvement; control of documented information; and availability of auditee and/or evidence. Also, opportunities can include efficiencies such as: allowing multiple audits to be conducted in a single visit; minimizing time and distances travelling to sites; matching competencies of audit team to competencies needed; and aligning audit dates with the availability of auditee’s staff. This audit was conducted remotely, using information and communications technology (ICT) for audit interviews. Potential risks in conducting audits remotely include: issues related to ICT availability / capability / reliability; auditee knowledge and familiarity with ICT; evidence presented might not be representative; and additional follow-up may be required. Opportunities in conducting this audit remotely: supports business continuity, allows for internal audits to be conducted in extraordinary times; improved efficiency with auditees' time; can follow-up with requested information. Conducting audits remotely is a permitted practice under normal operating conditions through the province’s Municipal Drinking Water Licensing Program and through ISO 19011:2018 Guidelines for auditing management systems. 1.2 Scope The Operational Plan for the City of Niagara Falls (City) was reviewed for conformity to the DWQMS 2.0. This audit also reviewed the City’s planned processes and programs to evaluate how well QMS requirements are integrated into them. Process audits examine the resources (equipment, materials and people) used to transform the inputs into outputs, the methods (procedures and instructions) followed and the measures collected to determine process performance. Process audits check the adequacy and effectiveness of the process controls established by procedures, work instructions, training and process specifications. 1.3 Methodology The audit was conducted in accordance with ISO 19011:2018 – Guidelines for auditing management systems. 37 Page 74 of 124 Page 518 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 2 of 37 The list of all auditing criteria is included in Appendix “A” – Audit Plan. Appendix “B” – Audit Checklists includes the checklists used to conduct the audit. In order to conduct audits within scope, time and budgetary constraints, audit evidence is based on a sampling of processes, programs, and information available. The size of the sample selected is appropriate to the size and scale of the operation and information available. Objective evidence collected is based upon the sampling. The conclusions presented in this report are based on information presented during the internal audit. 1.4 Audit Program Monitoring and Reviewing The implementation of the audit program was monitored and, at appropriate intervals, reviewed to assess whether the objectives have been met and to identify opportunities for improvement. The results of this review will be included in this report, if applicable. Performance indicators were used to monitor characteristics such as: − conformity with the audit program, schedules and audit objectives, − the ability to implement the audit plan, − feedback from top management, auditees, auditors and other interested parties, and − adequacy of documented information in the whole audit process. The audit program review considered: a) results and trends from monitoring, b) conformity with procedures, c) evolving needs and expectations of relevant interested parties, d) audit program records, e) alternative or new auditing methods / practices, f) effectiveness of the actions to address the risks and opportunities, and internal and external issues associated with the audit program, and g) confidentiality and information security issues relating to the audit program. Corrective actions and opportunities for improvement from the results of audit program reviews, if any, are included in the internal audit report’s section 2.0 Audit Findings. 1.5 Auditors The Lead Auditor was Brigitte Roth, who has extensive auditing experience and is a certified auditor with the Environmental Careers Organization of Canada (ECO Canada). The audit was completed by Darlene Suddard, who has 20 years of auditing experience and has completed a DWQMS Internal Auditor course and an ISO 9001 Lead Auditor course. Auditor qualifications are included in Appendix “C” – Auditor CV and Training Certificates. 1.6 Confidentiality The information gathered by Acclaims Environmental Inc. is the property of the City of Niagara Falls only and will not be transmitted to any third party without the prior written consent of an authorized representative. All documents provided by the organization prior to and during the assessment are kept only for the purpose of audit review and audit report preparation. 38 Page 75 of 124 Page 519 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 3 of 37 2.0 Audit Findings 2.1 Positive Findings The following positive audit findings were noted during the audit: Commitment - Staff interviewed were knowledgeable about their processes and programs and their roles’ impacts on achieving the commitments included in the QMS Policy. - Robust supplier evaluation process demonstrates commitment to ensuring the quality of supplies and services used in the delivery of drinking water. - Official designation document is a great approach to documenting who the QMS Rep and Backup QMS Rep are, and who the ORO and Acting ORO are, and who has designated them as such. - Increasing the staff complement in 2024, as well as increasing the training budget demonstrates the Owner and Top Management’s commitment to providing the resources needed to maintain and continually improve the DWQMS. Culture of continual improvement - Consistently throughout the audit, improvements were noted with regards to achieving intended outcomes of drinking water system processes and programs. - In-field capable technology (Cartegraph-OMS) has been deployed to electronically record operational, maintenance, and compliance information, optimizing staff resources. Additionally, Water & Wastewater Services has embraced the technology and has placed nearly all activities in Cartegraph- OMS. - All opportunities for improvement identified in the previous internal and external audits have been verified as completed or are in progress. - Including Asset Management representatives in the annual infrastructure review is an excellent communication tool and provides an opportunity to consolidate the information required for respective reporting. - The City has developed an internal water loss committee to tackle the water loss issue in Niagara Falls. This committee is also active in Niagara Region’s water loss group. Risk-based thinking - The City is working towards gathering the data necessary to evaluate the impact of implementing a Backflow Prevention by-law and has assigned a staff member to compile a list of high-risk properties as the first step. - Designating in the Communications procedure what position is authorized to speak with the accreditation body and the Ministry is a good practice to ensure consistent contact and messaging for those organizations. - Development of a formal on-call schedule for certified operators will ensure that the City will have 24/7 certified personnel coverage, reducing the risk to the safety of the drinking water system and will help lower the potential for damage due to delays in addressing watermain breaks. 39 Page 76 of 124 Page 520 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 4 of 37 2.2 Non-Conformities No non-conformities were noted during the audit. 2.3 Opportunities for Improvement The following is a list of opportunities for improvement noted in conducting this audit: Reference Opportunity for Improvement – Description QMS Policy (El. 2) Consider adding document ID and date to the Policy. Commitment and Endorsement (El. 3) Consider creating a formal commitment and endorsement clause that can included in the Operational Plan and be easily communicated to and signed by the Owner and Top Management. Document and Records Control (El. 5) During the audit, there were several documents observed that had been assigned a controlled document ID and/or a revision number but were not dated. Consider adding revision dates to documents such as: • Document Control Matrix (MW-WWW-DWS-LM-002-001) • Record Control Matrix (MW-WWW-DWS-LM-003-001) • Certified Drinking Water Personnel (MW-WWW-DWS-LM-007-001) • List of Essential DWS Supplies and Services table (MW-WWW-DWS-LM- 009-001) • Water Conservation (MW-WWW-DWS-FRM-014-001) • Do Not Use Water Form (MW-WWW-DWS-FRM-014-002) • Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001) • Boil Water Notice and FAQ (MW-WWW-DWS-VIS-014-001) • Do Not Use Water for Any Purpose Poster (MW-WWW-DWS-VIS-014- 002) • Emergency Drinking Water Provision Guideline (MW-WWW-DWS-PRO- 014-002) • DWQMS Management Review document • Continual Improvement Tracking spreadsheet System Description (El. 6) Consider including a reference to any procedures the City uses to maintain disinfection residuals. Risk Assessment (El. 7) Consider identifying back up equipment and/or ways to source equipment for critical tasks (i.e. watermain break repair equip). Consider making annual review a verification rather than a full re-assessment – and adding an indicator (i.e checkbox, title) to flag “annual review” vs. “36 month re-assessment” and consider involving Region staff in 36 month re- assessment. 40 Page 77 of 124 Page 521 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 5 of 37 Reference Opportunity for Improvement – Description Risk Assessment Outcomes (El. 8) Consider removing reference to date of last risk assessment from Operational Plan. Consider consolidating Risk Assessment Outcomes by grouping similar items (i.e. Upstream Water Quality from NF WTP, Upstream Water Quality from Lundy’s Lane, Upstream Water Quality from Kent Ave). Consider setting CCLs higher than regulatory limits to reflect best practices and current operations practices. Roles and Responsibilities (El. 9) Consider adding DWQMS as an agenda item when the QMS Rep attends the monthly tailgate meeting or consider scheduling a separate meeting where the QMS Rep could review DWQMS procedures to ensure staff are aware of DWQMS roles, responsibilities, and authorities. Competencies (El. 10) Consider DWQMS training for all positions noted in the Operational Plan. Consider including positions which have been identified as directly affecting drinking water in the Org. Chart and defining roles, responsibilities, and authorities for those positions. Consider also defining competencies for positions where roles, responsibilities and authorities have been defined. Personnel Coverage (El. 11) Consider creating a procedure to detail the required Ministry notifications if the City uses the Emergency Substitute Operator provision. Communication (El. 12) It was identified during the audit that the City’s ability to deliver drinking water is dependent upon a robust partnership with the Region. Staff indicate there has been improvement in communications with the Region, however they would like to see continued and improved collaboration between the City and the Region. Consider establishing a more formal communication process between the City and the Region, at all levels (i.e. Top Management, Operations, QMS Rep etc), and between the City and systems that receive water from the City (i.e. NOTL). Essential Services – Contractor Awareness (El. 12/13) Consider having QMS Rep attend pre-con/kick off meetings to deliver DWQMS requirements, also consider “tailgate talks” for contractor awareness training. Infrastructure Review and Infrastructure Maintenance (El. 14/15) Ensure infrastructure review findings and the City’s infrastructure maintenance, rehabilitation, and renewal program(s) are communicated to the Owner, as per the “DO” component of the Standard. 41 Page 78 of 124 Page 522 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 6 of 37 Reference Opportunity for Improvement – Description Infrastructure Maintenance (El. 15) Consider using the data in Cartegraph – OMS to evaluate the effectiveness of infrastructure maintenance programs at meeting operational performance indicators. Sampling and Analysis – Construction or repair samples (El. 16) Consider changing sampling reference in Table 2: Distribution System Sampling and Monitoring – Construction, Repairs and Complaints from the AWWA Standard to the Provincial Watermain Disinfection Procedure. Emergency Management – Recovery (El. 18) Not all procedures included recovery (i.e., how the system would be returned to normal service), consider adding recovery provisions to all emergency response procedures. Continual Improvement – Best Management Practices (El. 21) To assist in covering the requirement to review best management practices (BMPs) at least once every 36 months, consider adding BMPs to Management review to document when BMPs were last considered so it can be tracked when the next review is due. Continual Improvement – Tracking (El. 21) Consider documenting suggestions formally on a CAR/PAR form or adding a column to the existing CI Tracking document, to state how the suggestion will prevent an NC from occurring, and to also allow for longer-term verification of the effectiveness of the PA being implemented. Also consider including all NCs/CAs in the tracking document. 3.0 Conclusions The results of the internal audit performed for the City of Niagara Falls for the Niagara Falls Drinking Water System confirm that the quality management system established is effective in conforming with the requirements of the Drinking Water Quality Management Standard (DWQMS 2.0). While a non-conformity and/or opportunities for improvement are cited in this audit report, they do not undermine the positive programs and attitudes already in place among City of Niagara Falls staff. Brigitte Roth, BES, EP(EMSLA) Darlene Suddard, BSc. 42 Page 79 of 124 Page 523 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 7 of 37 Appendix “A” – Audit Plan Internal Audit Start Date: December 13, 2023 Internal Audit End Date: December 18, 2023 Date Time Auditee Names Process / Program DWQMS Element 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12-13 8:00 – 4:00 Doc. Info. Desktop review x x x x x x x x x x x x x x x x x x x x x 12-18 8:00 ALL Opening meeting x x x 12-18 8:15 JB QMS Rep’s responsibilities x x x x x x x x x x x x 12-18 9:30 EN/AA Top Management’s responsibilities x x x x x x x x x x 12-18 10:30 JB Distribution O&M x x x x x x x x x x x x x x x 12-18 1:00 JB Sampling, testing, monitoring programs x x x x x x x x x x x x x 12-18 3:00 ALL Closing Meeting x x x Legend for QMS Elements: 1-Quality Management System, 2-Quality Management System Policy, 3-Commitment and Endorsement, 4-QMS Representative, 5-Document and Records Control, 6-Drinking Water System, 7-Risk Assessment, 8-Risk Assessment Outcomes, 9-Organizational Structure, Roles, Responsibilities and Authorities, 10-Competencies, 11-Personnel Coverage, 12-Communications, 13- Essential Supplies and Services, 14-Review and Provision of Infrastructure, 15-Infrastructure Maintenance, Rehabilitation and Renewal, 16-Sampling, Testing and Monitoring, 17-Measurement and Recording Equipment Calibration and Maintenance, 18-Emergency Management, 19-Internal Audits, 20-Management Review, 21-Continual Improvement Auditee initials: JB – Jessica Blanchard, ALL-anyone interested, EN – Erik Nickel, AA – Adam Allcock 43Page 80 of 124Page 524 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 8 of 37 Appendix “B” – Audit Checklists Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI 1. PLAN: The OP documents a QMS that meets the requirements of the DWQMS. Yes City of Niagara Falls Distribution System Operational Plan (MW-WWW-DWS-OP- 001-001), dated February 2023 DO: The OA has established and maintains the QMS in accordance with the DWQMS and the OP’s policies and procedures. Yes Indications of positive audit findings (POS), non-conformities (NC’s) and opportunities for improvement (OFI’s) are listed within the applicable sections of this checklist. Director’s Directions for OP’s are met, including: Yes Subject Description Form is included under Section 22.0 of the OP Archived OPs are saved under DWQMS_SEC\zArchivedDocuments\, by respective year. Auditor viewed archived OPs as far back as 2012. Single OP for DWS(s) with same owner / OA. Yes Includes version numbers and/or revision date(s). Yes OP title describes municipal DWS(s). Yes Completed Subject System Description form. Yes Audited OP’s retained for a minimum of 10 years. Yes OP available to public (hard copy or on website). Yes Physical copy is available at Niagara Falls Service Centre, as displayed by J. Blanchard during audit – verified up-to-date. 2. PLAN: QMS Policy includes commitments to: -- Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001-001), undated a. Maintain & continually improve the QMS Yes Mission statement covers water and wastewater activities, only water section applies to the DWQMS. OFI – consider adding document ID and date to the Policy. Policy is part of the procurement package, management review which is presented to Council. Confirmed the QMS Policy statement is available online at: https://niagarafalls.ca/city-hall/municipal-works/drinking-water.aspx, accessed on December 13, 2023. b. Provide safe drinking water to consumer Yes c. Comply with legislation + regulations Yes Is communicated to staff, owner and the public. Yes DO: The QMS established and maintained consistently meets QMS Policy commitments Yes 3. PLAN: OP contains written endorsement by Top Management – and – the Owner. OFI OP Sec. 3.0, dated February 2023 MW-2023-07 Drinking Water System Summary Report and Overview, dated March 21, 2023. 44Page 81 of 124Page 525 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 9 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI DO: There is evidence of Top Management commitment to an effective QMS, ensuring: -- Section 3.0 Commitment and Endorsement of the Operational Plan states that the OP will be reviewed and approved by the City of Niagara Falls’ Mayor, Council and Operating Authority Top Management. And that a resolution is to be passed by Council endorsing the OP and its contents. The auditor reviewed the Council Report where the Mayor and Council endorsed the OP and noted that Top Management approved the report to Council through the corporate council report approval process. However, there may be an opportunity to document Top Management’s written endorsement of the contents of the OP more clearly and meet the requirements of the Standard. Additionally, while the “DO” requirements of El.3 are met through the implementation and continual improvement of the DWQMS, there isn’t a specific commitment or endorsement clause that the Owner or Top Management can be held accountable to. OFI – consider creating a formal commitment and endorsement clause that can be included in the Operational Plan and be easily communicated to and signed by the Owner and Top Management. a) QMS in place meets the DWQMS OFI b) OA staff are aware of all applicable legislative and regulatory requirements OFI c) Communication about the QMS OFI d) Provision of resources needed to maintain & continually improve the QMS OFI Confirmed current member(s) of Top Management/current Owner have endorsed OP. OFI 4. PLAN: OP identifies QMS Representative. Yes OP Sec 4 identifies the Water & Wastewater Services Coordinator as the QMS Representative. DO: QMS Rep authorized by Top Management to: Yes All necessary authorities have been stated in the Operational plan, and competencies have been defined. Declaration of the City of Niagara Falls DWQMS Representative designates QMS Rep and Backup QMS rep (Senior Manager, Water &Wastewater Services) Official designation document is a great approach to documenting who the QMS Rep and Backup QMS Rep are, and who has designated them as such. a) Administer QMS processes / procedures Yes b) Report to Top Management on QMS performance and opportunities for improvement Yes c) Ensure current QMS docs always in use Yes d) Ensure OA staff aware of all applicable legislative and regulatory requirements Yes e) Promote QMS awareness throughout OA Yes 5. PLAN: OP includes Document & Records control procedure that describes how: -- OP Sec 5 and DWQMS Control of Documents (MW-WWW-DWS-PRO-002-001), dated Dec 2022, DWQMS Control of Records (MW-WWW-DWS-PRO-003-001) dated Dec 2022, DWQMS Document Control Matrix (MW-WWW-DWS-LM-002- 001) undated Rev 16 and DWQMS Record Control Matrix (MW-WWW-DWS-LM- 003-001), undated Rev 9 a) Documents required by the QMS are: -- Current system is hybrid with controlled hard copies and electronic controlled copies (read only versions on U:\DWQMS drive). i. kept current, legible, readily identifiable Yes 45Page 82 of 124Page 526 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 10 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI ii. retrievable Yes Hybrid – just started bringing records over from paper to electronic - 2024 – everything will be all electronic – records. Field FACs are being entered electronically. OFI – consider adding date to both the Document Control Matrix and Record Control Matrix. Forms are stored under S:\Environmental Services\Administration\Forms. Can electronically completed, master copies secured. iii. stored, protected, retained, and disposed of Yes b) Records required by the QMS are: i. kept legible and readily identifiable Yes ii. retrievable Yes iii. stored, protected, retained and disposed of Yes DO: OA conforms to the Document & Records Control procedure and ensures QMS documentation includes: -- During this audit, the auditor evaluated that current versions of documents are consistently in use. Also, the auditor evaluated how well documents and records reviewed during this audit were legible, identifiable, retrievable, stored, protected, retained and disposed of. The QMS Rep was easily able to find and retrieve all requested documents and records. a) OP and associated policies and procedures Yes b) Documents & records needed to ensure effective planning, operation & control of operations Yes c) Results of internal & external audits and management reviews. Yes 6. PLAN: a) OP documents for the DWS: Yes OP Sec 6.0, dated Feb 2023. i. Name of Owner and Operating Authority Yes ii. If DWS includes primary / secondary disinfection: NA The Region operates the WTP facility, trunk watermains, water towers and chlorine booster stations, while the City operates the distribution system. Although not a requirement for distribution-only systems, the City has included a summary of raw water characteristics, event-driven fluctuations and operational challenges. While the system description included the components of the distribution system, the description only speaks to how the Region maintains disinfection residuals, not how the City maintains disinfection residuals. OFI – consider adding a reference to any procedures the City uses to maintain disinfection residuals. A. Description including treatment processes and distribution system components NA B. Treatment system process flow chart NA C. Water source description, including NA i. Raw water characteristics NA ii. Event-driven fluctuations NA iii. Operational challenges + threats NA iii. If doesn’t include primary / secondary disinfection: -- A. Description of the system including all distribution system components Yes 46Page 83 of 124Page 527 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 11 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI B. Describes procedures in place to maintain disinfection residuals No b) If subsystem, description of the DWS it is a part of, including names of OA’s for other systems NA c) if connected to other DWS by different owners, summary description of: -- Connections from the Region that supply water to the City have been identified. Additionally, connections between the City and Niagara-on-the-Lake (NOTL), and from the City to Regional trunk watermain connections that provide water to Thorold have been identified. AWQI – send paperwork to the Region once all done as a courtesy, but currently no process in place to inform Region (or NOTL) of any issues/activities in the system that could affect them – or vice versa. OFI – Consider establishing a more formal communication process between systems that receive water from the City (NOTL & Region) i. Whether the system obtains or supplies water Yes ii. Names of Owner and OA’s of other systems Yes iii. Identifies which system provides water to this DWS, and who is relied on for safe DW. Yes DO: OA ensures DWS description is current. Yes No recent changes in the system. Region is considering decommissioning Lundy’s Lane elevated tank and trunk watermain and replacing it with another elevated tank for increased development in south end, which may change pressure zone. City is concerned with impacts of the changes and has requested to be included in Regional discussions. A City representative has been included. QMS Rep has documented concerns in several management review meetings. 7. PLAN: OP documents a risk assessment process that: -- OP Sec 7.0, dated Feb 2023 and DWQMS Risk Assessment (MW-WWW-DWS- PRO-004-001), dated Dec 2022 a) Considers Ministry’s “Potential Hazardous Events…” doc (2022) Yes Have specified in the procedure that any hazard affecting disinfection levels is automatically determined to be a CCP It is stated in the SOP that “The City of Niagara Falls is distribution only and does not have the need for equipment redundancies such as pumps, injectors or other treatment equipment…”. However, there may be equipment that is critical to operate/repair the distribution system (such as watermain break repair equipment, routine sampling equipment etc.) that could be considered as part of the RA process. OFI - Consider identifying back up equipment and/or ways to source equipment for critical tasks (i.e. watermain break repair equip). b) ID’s additional potential haz. events/ hazards Yes c) Assesses risks associated with the occurrence of hazardous events Yes d) Ranks hazardous events according to assoc. risk Yes e) ID’s control measures… Yes f) ID’s Critical Control Points Yes g) ID’s method to verify every calendar year – currency of information + validity of assumptions Yes 47Page 84 of 124Page 528 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 12 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI h) Ensures risks assessed at least once per 36 mos. Yes Reviewed 2023 Risk Assessment, Water & Wastewater Services Division minutes, dated Jul 6, 2023. Comprehensive overview of risks was undertaken. However, it was not identified if this RA was an annual review, or a full 36 month re- assessment. QMS Rep confirmed that a full re-assessment is currently completed every year. Present at assessment were: Adam Allcock – Senior Manager of Water & Wastewater Services, Sean Escandon – Acting Supervisor, Water & Wastewater Services, Mike Pullano – Water & Wastewater Services Supervisor/ORO, Jessica Blanchard – Water & Wastewater Services Coordinator, Joe Gugliotta – Water & Wastewater Services Supervisor, Andrew Carruthers – Water & Wastewater Services Supervisor present – Paul Tanasi Lead Hands and Chris Scott absent Lead Hands OFI – Consider making annual review more of a verification (as per the Standard) rather than a full re-assessment – and then identify when doing an “annual review” vs. “36 month re-assessment” through a checkbox or other indicator to the minutes. Noted that part of the RA focused on a discussion about risks from Regional processes. Discussed with the QMS Rep and Top Management whether they have considered inviting Regional staff to participate in at least the 36 month re- assessment. They have not invited Regional staff before. OFI – consider involving Region staff in 36-month re-assessment i) Considers reliability + redundancy of equipment Yes DO: OA performs risk assessment per procedure Yes 8. PLAN: OP documents: -- OP Sec 8.0 Risk Assessment Matrix (MW-WWW-DWS-FRM-004-001) dated Jul 6, 2023 a) Potential hazardous events + hazards Yes OP Sec 8 states that the most recent RA was completed on Nov 29, 2022 – but there is a more recent one completed in 2023 OFI – Consider removing date references from the OP. The CCP’s identified relate to: - Biological contamination (Watermain repair/maintenance, biofilms, new watermain connection), Chemical/Physical contamination (water quality parameters), Cross-connections (ICI properties, residential properties, private sprinkler systems), Stagnant water (dead ends), BFP failure (bulk water station), Uncontrolled connections (hydrants or plumbing b) Assessed risks associated with the occurrence of hazardous events Yes c) Ranked hazardous events Yes d) Control measures … Yes e) CCP’s and respective CCL’s Yes f) Procedures / processes to monitor CCL’s Yes g) Procedures to respond to CCL deviations Yes 48Page 85 of 124Page 529 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 13 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI h) Procedures for reporting + recording deviations from CCL’s. Yes connections), Back-flow through unauthorized hydrant connection, Summer temperature increase, Contamination due to vandalism/terrorism, Main breaks (extreme sustained temperature). The related CCL’s reference O.Reg. 169 and O.Reg. 170, however, best practice is to set the CCL higher than the regulatory limits to avoid adverse sample results. Auditor reviewed the following relevant procedures referenced in the RA Matrix: Watermain Break Repair (MW-WWW-DWS-SOP-011-001) dated Jun 2022, Microbiological Sampling- Main Break Site – Following Business Day (MW-WWW- DWS-SOP-011-033) dated Jul 2022, and Hydrant – Inspection, Flushing and Repairs (MW-WWW-DWS-SOP-011-014) dated Jul 2022. Auditor confirmed that these SOPs reference corrective action only when FAC is below 0.05mg/L. In conversation with QMS Rep, indicated that field practices are to target at least 0.20 mg/L of FAC when flushing or performing other activities in the field. OFI – consider setting CCLs higher than regulatory limits to reflect current practices. OFI - Consider consolidating Risk Assessment Outcomes by grouping similar items (i.e. Upstream Water Quality from NF WTP, Upstream Water Quality from Lundy’s Lane, Upstream Water Quality from Kent Ave) DO: OA has implemented and conforms to the procedures. Yes 9. PLAN: OP describes, delineates, identifies: -- OP Sec 9.0, Figure 9-1: DWQMS Organizational Chart, dated Feb 2023 and DWQMS Roles, Responsibilities & Authorities (MW-WWW-DWS-LM-005-001) dated Dec 2022 a) OA’s organizational structure including roles, responsibilities, authorities Yes Cross-referenced the positions in the roles and responsibilities matrix with those in the org. structure and noted that there are several positions in the matrix identified with DWQMS roles (i.e. Water & Wastewater Services Lead Hand, Sr. Manager of Asset Management, Engineering Staff, Water & Wastewater Services Clerk, Service Centre Front Office Staff) that do not appear in the org. structure. See El. 10 for OFI. New positions approved in the 2024 budget will change the Org Chart b) Corporate oversight roles, responsibilities, auth’s Yes c) Person(s) responsible for Management Review Yes d) Person(s) w/ Top Management responsibilities Yes e) Owner of the system Yes DO: OA keeps the above current – and – communicates this information to staff and Owner. No To communicate roles, responsibilities and authorities to operational staff, the QMS Rep will occasionally attend monthly full-blown tailgate meetings, usually ahead of an on-site audit. At the meeting, the QMS Rep will provide updates on the DWQMS, roles, responsibilities. The QMS Rep also posts information updates to the message board where jobs are posted. The QMS Rep provided the auditor with 49Page 86 of 124Page 530 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 14 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI minutes from the meeting where she attended to provide an update ahead of the re-accreditation audit, unfortunately DWQMS topics were not documented OFI – consider adding DWQMS as an agenda item when the QMS Rep attends the monthly tailgate meeting or consider scheduling a separate meeting where the QMS Rep could review DWQMS procedures. 10. PLAN: OP documents: -- OP Sec 10.0, dated Feb 2023 and DWQMS Competencies and Training (MW- WWW-DWS-PRO-006-001), dated Dec 2022, and DWQMS Competencies Matrix (MW-WWW-DWS-LM-006-001) dated Dec 2022. a) Competencies required for personnel performing duties directly affecting drinking water quality Yes Viewed File MW-WWW-DWS-LM-007-001 Certified Drinking Water System Personnel – rev 8, undated and photos of posted Operator’s Certificates, located at the Niagara Falls Service Centre, provided by the QMS Rep on Dec 18, 2023 and noted the Operators with next expiring certificates are: - Louie Mitchell (Operator #90051089), OIT (Cert#OT73497), expiring Nov 30, 2023) – in progress with OWWCO - Joseph Gugliotta, (Operator #90056014), WDII (Cert# 67476), expiring Dec 31, 2023 – submitted to OWWCO Dec 1, 2023 - Christopher McRae (Operator #90055427), WDI (Cert# 71127), expiring Jan 31, 2024 – retired in Sep 2023 - Scott Harman (Operator #90055425), WDI (Cert# 71202), expiring Mar 31, 2024 – recently received license extension; will be retiring when licence expires. OFI – consider making Certified Drinking Water System Personnel file a controlled document. Confirmed personnel who have ORO and/or OIC roles have the required competencies based on the highest class of system operated: Mike Pullano ORO (WDII), Jonathan Danyluck back up ORO (WDII). Jul 18, 2019 – Declaration of Overall Responsible Operator and Acting Overall Responsible Operator describes who the ORO and Acting ORO are. With recent staffing changes, the Senior Manager, Water & Wastewater Services will also be designated a back up ORO, therefore this document will be reissued in the near future. On-boarding of new staff (OITs or licensed operators) is primarily through job- shadowing, not a formal documented program. Plan is to develop an onboarding process for new hires. In discussion with the QMS Rep it was noted that DWQMS training has historically only been provided to operational staff, however, there are engineering and asset b) Activities to develop and/or maintain re: above Yes c) Activities ensuring staff aware of duties’ relevance + how they affect safe drinking water Yes 50Page 87 of 124Page 531 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 15 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI management staff that have roles to play in implementing the DWQMS and ensuring compliance with drinking water regulations. OFI – Consider DWQMS training for all positions noted in the OP New H&S Coordinator is developing a training program that W-WW may be able to piggyback onto to provide more targeted training for W-WW staff. Enterprise Resource Planning (ERP) – driven by AMP – how to use all your resources most effective (staffing, databases, procurement, risk management) – is hoped to be able to assist with developing and formalizing staff onboarding and training programs. Similar to comment on El. 9, competencies have been provided for positions whose work directly affects drinking water quality, however, these positions have not been identified in the Org. Chart, nor in the DWQMS Roles, Responsibilities & Authorities matrix. OFI – Consider including positions which have been identified as directly affecting drinking water in the Org. Chart and defining roles, responsibilities, and authorities for those positions. Consider defining competencies for positions where roles, responsibilities and authorities have been defined. DO: OA undertakes activities to: a) meet / maintain personnel competencies re: DW quality + have records Yes Competencies and training are tracked using an Excel spreadsheet WORKING Staff MOE CEU & OTJ Training 2020 and beyond.xlsx on an ongoing basis by the QMS Rep. For operators with expiring certificates, it was confirmed that competency requirements are on-track for renewal. b) ensure personnel aware of duties’ relevance + how they affect safe DW + have records Yes 11. PLAN: OP documents a procedure to ensure sufficient personnel meeting identified competencies are available for duties that affect DW quality Yes OP Sec 11.0, dated Feb 2023 and DWQMS Personnel Coverage (MW-WWW- DWS-PRO-007-001), dated Dec 2022. DO: OA implemented and conforms to the procedure. Yes A W&WW Services Supervisor is appointed as primary ORO, and additional W&WW Services Supervisors act as back up OROs. OIC is assigned on a rotating basis, typically assigned to a W&WW Services Supervisor, a lead hand or Underground Service Operator. Note, Underground Service Operator position is not identified in the Org Chart, nor in the Roles, Responsibilities and Authorities document. (see OFI from El. 10) Viewed MW-WWW-DWS-LM-007-002 – DWS On-Call Schedule for Supervisors for the winter months. In summer months, no licensed W-WW supervisors are on- 51Page 88 of 124Page 532 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 16 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI call. There is no formal on-call schedule for operators, but Sr. Manager of W-WW is working with HR to create a formal schedule and compensation to ensure there is a licensed operator available for afterhours coverage. Confirmed reference to Emergency Substitute Operators (ESO’s) in the OP and in the procedure. If ESO’s are used, MECP requires reports to SAC, training to be provided, certain records to be kept, etc. Currently there is no formal procedure to document the steps to be taken in the event that ESOs are used. OFI – Consider creating a procedure to detail the required Ministry notifications if the City uses the Emergency Substitute Operator provision. 12. PLAN: OP documents procedure for communications re: how relevant aspects of QMS are communicated between top management and: -- OP. Sec 12.0 and DWQMS Communications (MW-WWW-DWS-PRO-008-001), dated Dec, 2022, DWQMS Awareness Training (MW-WWW-DWS-PRO-006-002), dated Dec, 2022 a) the Owner Yes Examples viewed include: a) Owner – viewed Council Report (MW-2023-07 Drinking Water System Summary Report and Overview) provided at Mar 21, 2023 meeting included annual summary report, operational plan and management review minutes – WCWC Standard of Care training, Oct 18, 2023 – 4 Councillors attended, City Solicitor, Dir of Fin, GM of Municipal Works, All W&WW Supervisory staff, QMS Rep b) OA personnel – viewed email, dated Nov 22, 2023 re: Emergency Response Training Guidance Document Follow up that was sent to Supervisors and Lead Hand personnel c) Suppliers – viewed Emco QMS Acknowledgement, signed Jul 18, 2023, Iconix QMS Acknowledgement signed Nov 17, 2023 and Niagara Analytical QMS Acknowledgement, signed Mar 30, 2023. d) Public – viewed 2022 Annual Report on Dec 13, 2023 at https://niagarafalls.ca/city-hall/municipal-works/water-reports/default.aspx and also viewed other drinking water information available at https://niagarafalls.ca/city-hall/municipal-works/ Designating in the procedure what position is authorized to speak with the accreditation body and the Ministry is a good practice to ensure a consistent contact for those organizations. b) OA personnel Yes c) Suppliers identified as “essential” Yes d) the public Yes DO: OA implemented and conforms to procedure. Yes 13. PLAN: OP identifies / includes: -- OP Sec. 13.0 and DWQMS Essential Supplies and Services (MW-WW-DWS-PRO- 009-001), dated Dec, 2022 and List of Essential DWS Supplies and Services (MW- WWW-DWS-LM-009-001), undated 52Page 89 of 124Page 533 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 17 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI a) All supplies / services essential for safe DW and for each: means for procurement Yes Discussed any issues with supply chain disruptions – confirmed what was done about it to prevent recurrence (re: ensuring procurement requirement). The City has designated more than 1 supplier for most essential supplies/services Viewed 2023 Essential Supply and Service Review minutes, dated Nov 1, 2023 and 2023 Essential DWS Supplies and Services Results spreadsheet, undated. All W&WW Managers and Supervisors participated in the review. Note for 2024 IA – verify how contractors are evaluated. Note that the rating criteria is provided in the procedure and in the OP – consider only providing the criteria in one document rather than in two – will reduce the potential for different, potentially contradictory versions occurring. OFI – consider adding revision date to the List of Essential DWS Supplies and Services table. b) Procedure OA ensures quality of essential supplies / services Yes DO: OA implemented and conforms to procedure. Yes 14. PLAN: OP procedure for reviewing the adequacy of infrastructure necess. to operate & maintain the DWS. -- OP Sec 14.0 and DWQMS Review and Provision of Infrastructure (MW-WWW- DWS-PRO-010-001), dated Dec, 2022. a) Considers outcomes of risk assessment Yes Reviewed 2023 Infrastructure Review, Water & Wastewater Services Division minutes, dated Oct 13, 2023 and Infrastructure Review Areas of Concern spreadsheet, dated Oct 13, 2023. The auditor viewed an email dated Oct 13 to all Infrastructure Review Team members, and confirmed that the RA minutes were included for consideration as part of the Review. Including Asset Management representatives in the annual infrastructure review is a great communication tool and provides an opportunity to consolidate the information required for respective reporting. In attendance: Kent Schachowskoj – Manager of Engineering, Tara Gudgeon – Senior Manager of Asset Management, Kelly Dell - Asset Management Programs Supervisor, Shannon Bourgeois – Capital Planning Analyst, Steven House – Capital Planning Analyst, Adam Allcock – Senior Manager of Water & Wastewater Services, Jessica Blanchard – Water & Wastewater Services Coordinator, Mike Pullano – Water & Wastewater Services Supervisor, Jonathan Danyluck - Water & Wastewater Services Supervisor Last “calendar year” review: Oct 13, 2023 b) Ensures that the adequacy of the infrastructure necessary to operate and maintain the DWS is reviewed at least once per calendar year Yes 53Page 90 of 124Page 534 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 18 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI DO: OA implemented and conforms to procedure and communicates findings of the review to the owner. No While results of the annual infrastructure review are incorporated into the annual capital budget request, and therefore indirectly communicated to the owner, the actual infrastructure review findings are not communicated to the owner. OFI – Ensure review findings, as per the “DO” component of the Standard, are communicated to the owner. 15. PLAN: OP docs: a) A summary of the OA’s infrastructure maintenance, rehabilitation & renewal programs Yes OP Sec. 15.0, and Table 15-1: DWS Infrastructure Maintenance Programs – City of Niagara Falls, dated Feb 2023. b) a long-term forecast of major infrastructure maintenance, rehabilitation + renewal activities Yes Long-term forecast is discussed and captured during the annual infrastructure review and tracked in the Infrastructure Review Areas of Concern spreadsheet, dated Oct 13, 2023. When infrastructure is renewed, it is removed from the spreadsheet and documented in the Infrastructure Review minutes. DO: OA shall: -- a) keep current: summary of infrastructure maintenance, rehabilitation & renewal programs Yes b) ensure that the long-term forecast is reviewed at least once every calendar year Yes Last “calendar year” review: Oct 13, 2023 c) communicate the programs to the owner No As discussed in El. 14, programs are not directly communicated to the owner d) monitor the effectiveness of the maintenance program. Yes Maintenance activities are tracked in web-based Cartegraph - OMS by supervisors – routine activities – can track hours in OMS – implemented web-based version in March 2023.. QMS Rep tracks main breaks – Break Data.xlsx OFI – Consider using the data in Cartegraph – OMS to evaluate the effectiveness of infrastructure maintenance programs at meeting operational performance indicators. 16. PLAN: OP documents / describes: -- OP Sec. 16.0 and DWQMS Sampling, Testing and Monitoring (MW-WWW-DWS- PRO-012-001), dated Dec, 2022 and Adverse Water Quality Incident Reporting – O.Reg. 170-03 (MW-WWW-DWS-SOP-012-001) dated Dec, 2022 a) Sampling, testing, monitoring procedure for process control + finished DW quality incl. requirements for sampling, testing and monitoring at the conditions most challenging to the DWS Yes Reviewed the Sampling and Testing 2023 calendar (MW-WWW-DWS-VIS-012- 005), undated together with Table 1: Drinking-Water System Sampling & Monitoring – Regulatory Requirements O.Reg. 170/03 in MW-WWW-DWS-PRO- 012-001). Table 1 details the population, system class and number of samples required by regulation, and also states any “conditions most challenging”. 54Page 91 of 124Page 535 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 19 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI Reviewed Table 2: Distribution System Sampling & Monitoring – Construction, Repairs and Complaints – O.Reg. 170/03 in MW-WWW-DWS-PRO-012-001. This table references that samples are collected in accordance with ANSI/AWWA C651; however, the Provincial Watermain Disinfection Procedure has governed sampling requirements since 2017. OFI – consider changing reference from the AWWA Standard to the Provincial procedure. Discussed conditions most challenging (e.g. any parameters exceeding half MAC requiring more frequent sampling) and confirmed that sampling is taking into consideration dead ends, water quality complaints, system changes (i.e. isolation of watermain under on-ramp) b) Relevant sampling, testing or monitoring activities, if any, that take place upstream … Yes Discusses Niagara Region’s sampling requirements. c) How sampling, testing and monitoring results are recorded and shared with the owner Yes Viewed sample test results regarding (parameters) and confirmed in line with MAC’s (outlined in O. Reg. 169/03). Viewed THM and HAA Niagara Falls Summary.xlsx Confirmed most recent Annual & Summary Reports available online at: https://niagarafalls.ca/city-hall/municipal-works/water-reports/default.aspx, accessed on Oct 15, 2023. And confirmed these are shared with the Owner through Report (MW-2023-07 Drinking Water System Summary Report and Overview) DO: OA implemented and conforms to procedure. Yes Council report Report (MW-2023-07 Drinking Water System Summary Report and Overview) provided at Mar 21, 2023 meeting Hybrid – just started bringing records over from paper to electronic - 2024 – everything will be all electronic – records. Field FACs are being entered electronically Cartegraph OMS – staff use app on phone when doing weekly sampling, enter FAC results, keeps track of their start and end time. Annual schedule is done up, task is created in OMS. Mustering in the morning assigns a staff person to do the sampling who then logs into OMS and does the sampling. Can either log into tablet or cell phone, record FAC info on CofC. Niagara Analytical – Dec 14, 2023 Certificate of Analysis – Test Report 55Page 92 of 124Page 536 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 20 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI 17. PLAN: OP documents a procedure for the calibration and maintenance of measurement and recording equipment. Yes OP Sec. 17.0 and DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-WWW-DWS-PRO-013-001), dated Sep, 2022. DO: OA implemented and conforms to procedure. Yes Viewed the DPD Free Chlorine Reagents in use (Lot # A3074), expiring Mar, 2028 and the SpecCheck DPD-Chlorine-LR Secondary Standard (Lot # A2010), expiring Feb 2024. Verification activities are completed as needed (i.e. Operator thinks the reading isn’t as “good” as it should be) on colorimeter. Viewed the 2023 Chlorine Meter spreadsheet, undated, and Table 1: Measurement and Recording Equipment List and the Calibration Certificates and confirmed that there is a calibration certificate for each of the colorimeters. confirmed regular verification activities for each equipment. 18. PLAN: OP docs procedure to maintain a state of emergency preparedness that includes: -- OP Sec. 18 and Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001), and Emergency Management (MW-WWW-DWS-PRO-014-001), dated Dec 2022. a) A list of potential emergency situations or service interruptions Yes Documents making up the Emergency Response Procedures Manual include the following: - Water Quality Complaint Based Sampling (MW-WWW-DWS-SOP-011-034), dated July 2022. - Boil Water Do Not Use Water Advisory (MW-WWW-DWS-SOP-014-001), dated Sep 2022. - Suspected Backflow or Cross Connection (MW-WWW-DWS-SOP-014-002), dated Sep 2022 - Source Failure - Widespread Water Loss (MW-WWW-DWS-SOP-014-003), dated Sep 2022 - Suspected Tampering of Distribution System (MW-WWW-DWS-SOP-014-004), dated Sep 2022 - Water Conservation (MW-WWW-DWS-FRM-014-001), undated - Do Not Use Water Form (MW-WWW-DWS-FRM-014-002), undated - Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001), undated - Boil Water Notice and FAQ (MW-WWW-DWS-VIS-014-001), undated - Critical Users List (MW-WWW-DWS-LM-014-002), dated Oct 2023 - Watermain Break Repair (MW-WWW-DWS-SOP-011-001), dated Jun 2022 - Special Case Contamination (MW-WWW-DWS-SOP-014-005), dated Sep 2022 b) Processes for emergency response + recovery Yes 56Page 93 of 124Page 537 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 21 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI - Response to Customer Calls By Switchboard (MW-WWW-DWS-SOP-021-001) - Do Not Use Water for Any Purpose Poster (MW-WWW-DWS-VIS-014-002), undated - Emergency Drinking Water Provision Guideline (MW-WWW-DWS-PRO-014-002), undated OFI – consider adding revision dates to: Drinking Water Emergency Contact List, Do Not Use Water form, Do No Use Water for Any Purpose Poster, Emergency Drinking Water Provision Guideline, Water Conservation, OFI – not all procedures included recovery (i.e. how the system would be returned to normal service), consider adding recovery provisions to all emergency response procedures. c) Emergency response training + testing requirements Yes d) Owner and OA responsibilities during emergency situations Yes e) Ref’s municipal emergency planning measures Yes f) Emergency communications protocol + up-to-date list of emergency contacts Yes Confirmed newest employees and most recent organizational changes and related contact information have been updated in the emergency contact list. DO: OA implemented and conforms to procedure. Yes Participants in most recent test included: Jessica Blanchard – Water & Wastewater Services Coordinator, Adam Allcock – Senior Manager, Water & Wastewater Servcies, Mike Pullano – Water & Wastewater Services Supervisor/ORO, Jonathan Danyluck – Water & Wastewater Services Supervisor, Andrew Carruthers – Water & Wastewater Services Supervisor, Joe Gugliotta – Water & Wastewater Services Supervisor, Sean Escandon, Joe Cerminara, Paul Tanasi and Chris Scott Lead Hands Viewed latest emergency training and testing carried out on Nov 16, 2023 – covered 2 scenarios: AWQI response and Watermain break, with progressive issues (i.e – category 2, valving issues, critical water user in break area). Action items were related to critical users, having WWW staff review watermain break SOPs and ensuring that for afterhours suspected main breaks, that an operator is always called in to confirm. OFI from 2021 audit - Haven’t historically hosted emergency response training for all staff – just management/supervisors. Are gradually bringing more staff into the training (this year, added the lead hands) – verify progress in 2024 IA 57Page 94 of 124Page 538 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 22 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI 19. PLAN: OP documents a procedure for internal audits that: -- OP Sec. 19.0 and DWQMS Internal Auditing (MW-WWW-DWS-PRO-015-001), dated Dec, 2022. a) Evaluates conformity of the QMS with the requirements of the DWQMS Yes Reviewed the Re-certification Audit by NSF, dated Aug 23, 2023, and the following OFI’s were identified (Status updates are in red): - OFI – El. 7 – Consider removing all previous rankings and probabilities from the once every 36 month RA for fresh evaluation. (In progress, completed by 2026) - OFI – El. 14 – Consider dating the file entitled “2022 Infrastructure Review Areas of Concern”. (Complete – 2023 file is dated) - OFI – El. 15 – List the infrastructure for the DWS and ensure the plan is at least 5 years current. (In progress) - OFI – El. 16 – Consider reviewing the sample results collected by NOTL for Calaguiro Estates. (Being Considered) - OFI – El. 17 – Blank free chlorine reagents were found in an operator’s kit, not labelled on both sides. There is a risk should the kit be shared with others. (Complete - Perform quality checks on new stock) - OFI – El. 18 – Consider conducting more tests and involving more operators. (Complete – will involve more in future) - OFI – El. 20 – Consider documenting new action items with timelines and assignees. (In progress) Reviewed the 2022 Internal Audit Report by Acclaims Environmental, dated December 23, 2022, and the following OFI’s were identified (Status updates are in red): - OFI – El. 7 – Consider including a link in the DWQMS RA procedure to the Ministry’s latest “Potential Hazardous Events..” document. (Complete – procedure was updated) - OFI – El. 8 – Consider updating the RA matrix to include consideration of cybersecurity threats. (complete – Cybersecurity threats included in 2023 RA) - OFI – El. 10 – Consider documenting DWQMS training that takes place with existing and/or new staff. (On hold with new staff position coming) - OFI – El. 12/13 – Consider updating the DWQMS Vendor Acknowledgement Form to reference key requirements of the package, with sign-off stating they’ve read and understand the requirements and will ensure compliance. (Complete – viewed new vendor acknowledgements) - OFI – El. 8/15 – Consider identifying highest risk service connections with ICI end users for targeted backflow prevention by-law and program b) Identifies internal audit criteria, frequency, scope, methodology + record-keeping requirements. Yes c) Considers previous internal and external audit results, and Yes 58Page 95 of 124Page 539 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 23 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI implementation. (In progress – WW Services Data Tech compiling list of properties) d) Describes how QMS corrective actions are identified and initiated. Yes DO: OA implemented & conforms to procedure + ensures internal audits are conducted at least once/calendar year Yes IAs have been completed annually as required, and CAs/PAs are generated after each audit 20. PLAN: OP docs a procedure for management review that evaluates the continuing suitability, adequacy and effectiveness of the QMS and that includes consideration of: Yes OP Sec. 20 and DWQMS Management Review (MW-WWW-DWS-PRO-016-001), dated Dec 2022. DWQMS 2022 Management Review Minutes, dated Feb 16, 2023. DWQMS Management Review 2022, undated a) Incidents of regulatory non-compliance Yes None; During Ministry inspection, City was encouraged to continue backflow program implementation b) Incidents of adverse drinking water tests Yes 2 lead exceedances, 1 low FAC c) Deviations from CCP limits and response actions Yes None d) The effectiveness of the risk assessment process Yes Will consider cybersecurity in 2023 RA e) Internal and third-party audit results Yes See El 19 above for 2022 IA results, 2022 EA OFIs included: El 9 – consider updating roles and responsibilities matrix to mirror the org chart (done), El 13 – records of essential supplies quality checks (in progress -with Procurement/Stores), El 14/15 – include itemized breakdowns for long rang WWW financial plan – (in progress) f) Results of emergency response testing Yes Action items included: using potential future changes to DS as case scenarios for testing; utilizing City’s water model to simulate a backflow event for better preparedness and staff understanding g) Operational performance Yes 86 main breaks in 2022, compared to 50 in 2021, installation of pressure transducers at the North and South end bulk water stations will allow tracking of potential pressure drops and/or spikes h) Raw water supply + drinking water quality trends Yes Overall consistent, with turbidity skewed due to the December 2022 blizzard, filter media replaced in Chippawa water plant in 2021, intake shift in early planning stages i) Follow-up on action items from previous management reviews Yes - City liaison present at all discussions with RMON re: Lundy’s Lane Tank decommissioning Ongoing – staff have been present, Adam Allcock current liaison 59Page 96 of 124Page 540 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 24 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI - Develop scoring matrix for watermains Ongoing – WWW began providing photos of mains from break repairs to initiate matrix, waiting on Infrastructure, may adjust due to new MMS program capabilities - Confirm with Public Health that former SDWS is under new ownership and adhering to O.Reg. 318 Complete – Public Health confirmed - Train WWW Services Supervisors in IMS 200 for improvement emergency preparedness Delayed – will consider once training is more readily offered in Emergency Management. NOTE – courses are slowly opening up and may be available online - Shift all SDWS functions to facilities Complete – Fire Station 6 is sole SDWS left, WWW Division will continue to perform quarterly sampling and provide results to Facilities Division - Provide graphical representation of main breaks Complete – completed and included in 2022 summary report to council - Remove Service Line Warranties of Canada initiative from DWQMS scope Complete – removed following 2021 Management Review - Ensure all components of Directors Direction (May 2021) included in OP Complete – added Schedule C to the OP - Update raw water characteristics in Operational Plan on a more frequent basis Complete – acquired from Region and included in 2022 OP update, will include in all future OP revisions. j) The status of management action items identified between reviews Yes None k) Changes that could affect the QMS Yes Potential lead MAC decrease; Chippawa Water Plant intake shift; Tentative decommissioning of Lundy’s Lane Elevated Tank, BFP program/guideline further development l) Consumer feedback Yes Water quality complaints remain low, are responded to immediately including afterhours 60Page 97 of 124Page 541 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 25 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI m) Resources needed to maintain the QMS Yes External internal auditor, Internal QMS Rep back up, BFP plan development and maintenance of annual certification schedule – would require additional staff compliment n) Results of the infrastructure review Yes Areas of concern noted – new priority-based list; addition of cybersecurity to assess during RA, and address during 2023 Infrastructure Review o) OP currency, content and updates, and Yes Updated in 2022, to be updated and endorsed by new Council in March 2023 p) Staff suggestions Yes - Consider adding all Operator licence IDs, cert #s and expiry dates to MMS (complete in Dec 2022); - Advise NFalls WTP when high water volume maintenance and rehab projects are occurring (started in 2022); - Create Critical Water Users layer in mapping (Added to Falls Viewer in 2022, being considered for City’s MMS program) - Creating and using guidance documents for continued migration to OMS (began in 2021 and being expanded to include all components of WWW work) - More frequent confined space training, or contract out, or revised current corporate policy/guideline for training requirements (updates to corporate policy began in 2022 and discussions will continue into 2023. Staff received theory non-entry rescue training in late 2022 and will attend practical training in early 2023) DO: Top management implemented and conforms to the procedure, and: -- As noted above / below; and confirmed designated members of top management were in attendance. In attendance: Erik Nickel – General Manager, Municipal Works, Adam Allcock – Senior Manager of Water & Wastewater, Jessica Blanchard – Water & Wastewater Services Coordinator a) Ensures that a management review is conducted at least once every calendar year Yes Additional discussions included: - Work towards improved interdepartmental communication and collaboration - Consider using City new FTE (Safety Training, Compliance Coordinator) to aid in more documented safety-focused training in coming years OFI – consider adding a date prepared to the “DWQMS Management Review” document b) Considers the results of the management review, identifies deficiencies + related action items Yes c) Records management review decisions and action items including personnel responsible… + proposed timelines for implementation Yes d) Reports the results of management review, the identified deficiencies + action items to Owner Yes Included as part of the Council Report (MW-2023-07 Drinking Water System Summary Report and Overview) provided at Mar 21, 2023 meeting 21. PLAN: OA has a procedure for tracking and measuring continual improvement of QMS by -- OP Sec. 21.0 and DWQMS Preventive & Corrective Action (MW-WWW-DWS- PRO-017-001) dated Dec 2022 61Page 98 of 124Page 542 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 26 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI a) Reviewing and considering applicable BMP’s, incl. any published by the Ministry at least once every 36 months. No While Section 21.0 in the OP states that continual improvement initiatives will include consideration of any Ministry published best management practices, there is no requirement stated to complete this review at least once every thirty-six months. Additionally, there is no evidence of BMPs being considered since the last IA, nor when the last time BMPs were considered. OFI – To assist in covering the requirement to review best management practices (BMPs) at least once every 36 months, consider adding BMPs to Management review so can document when BMPs were last considered so it can be tracked when the next review is due. b) Documenting a process for identification + mgmt. of QMS corrective actions that includes: -- Reviewed CAR 2023-01 re: sampling, testing and monitoring, dated Nov 21, 2023. i. Investigating cause(s) of identified NC’s Yes Reviewed summary of event and cause of NC. ii. Documenting actions taken to correct NC’s and prevent NC’s from recurring Yes Confirmed that procedure was updated, and that Manager, Supervisor and Acting Supervisor staff received proper sampling requirements iii. Reviewing actions taken…verifying they are implemented and effective… Yes Has been verified by QMS Rep via email c) Doc. a process for identifying + implementing preventive actions to eliminate the occurrence of potential QMS non-conformities that includes: -- i. Reviewing potential NC’s identified to determine if PA’s may be necessary Yes Preventive actions are identified and tracked in a Continual Improvement Tracking document, undated. OFI – consider making the Continual Improvement Tracking document a controlled document ii. Documenting the outcome of the review, incl. any actions to be taken to prevent a NC from occurring Yes There are some great staff suggestions captured in the Continual Improvement Tracking document. OFI - Consider documenting suggestions formally on a CAR/PAR form, or adding a column to the existing CI Tracking document, to state how the suggestion will prevent an NC from occurring, and to also allow for longer-term verification of the effectiveness of the PA being implemented iii. Reviewing actions taken…verifying they are implemented and effective… Yes 62Page 99 of 124Page 543 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 27 of 37 Summary of DWQMS 2.0 Requirement (Condition Expected) Evaluation “Yes”, “No” or “NA” EVIDENCE REVIEWED & Auditor Comments (Condition Found) – If Evaluation is “No” may be NC or OFI DO: OA continually improved the effectiveness of its QMS by implementing and conforming to the continual improvement procedure. Yes Are NCs/CAs tracked in the Continual Improvement Tracking, or are they just tracked on the CAR/PAR form? NCs are currently not included in the CI Tracking document OFI – consider including all NCs/CAs in the tracking document. 63Page 100 of 124Page 544 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 28 of 37 Process: Auditee(s): Audit Date: 1.0 Who? (s. 2, 10) 1.1 How do your responsibilities help achieve the goals in the QMS Policy (i.e. provide safe water, comply with requirements, continually improve)? 1.2 What are minimum competencies for your work? What are the competencies you possess (e.g. Class of Cert...) 1.3 How are newest staff trained on this process? / How are competencies developed? 4.0 Process Under Control? (s. 5, 17) 4.1 How do you ensure all staff are consistently aware of expectations related to this work? (e.g. SOP's + reviews, checksheets, work orders, etc.) 4.2 Where do you record results of this process? Are records legible and complete? 4.3 Are documents and forms in use the correct versions? Easily retrievable? 4.4 If lab consumables are part of the process - are they current and not expired? 4.5 If analyzers and other measurement equipment are used, are their calibrations / verifications valid and not expired? 4.6 If changes to equipment or infrastructure have occurred in the past year, were O&M manuals / work orders / system drawings or maps / equipment listings, etc. updated within 12 months of placing into service? 6.0 Adequate Resources? (s. 3, 11, 13-15) 6.1 Do you have the resources you need to do your job well? (e.g. staff & on-call coverage, equipment, tools, materials, facilities / space)? 6.2 For chemicals + materials coming into contact w/ water, how are req'ts ensured? 6.3 Evidence of conformity kept (e.g. NSF)? Or other proof of verifications with each shipment? What about for projects? 2.0 Process Input? (s. 3, 4, 14, 15) 2.1 How do you keep up-to-date on changes to legal requirements? (e.g. SDWA, MDWL, DWWP, MECP guidelines or procedures) 2.2 What reminders, schedules or double-checks exist to ensure activities take place as required? 2.3 How are upgrade needs identified and maintenance activities tracked? 7.0 Output? (s. 5) 7.1 What are intended outcomes of this process or of your work? (e.g. 100% hydrant inspections, 20% valves exercised, disinfection) 7.2 What would you provide as proof that you achieved everything you intended in your work? (such as for a MECP inspection or investigation) 3.0 Measured? (s. 8, 12, 16) 3.1 What do you check, sample, monitor or test? 3.2 What is a good target for these parameters? 3.3 What do you review or anlyze, ensuring measured data meets requirements? 3.4 Do you communicate results? To whom? Verbally? In writing? 5.0 What If Out-of-Control? (s. 7-8, 12, 18) 5.1 What are examples of things that have gone wrong or can go wrong? (out-of-ordinary, emergency, service interruptions) 5.2 What actions are taken when these do occur? 5.3 What notifications? To whom? 5.4 What do you document? Where? 5.5 Emergency contact list up-to-date? Includes newest team members? 5.6 Has anything occurred that contributed to a loss of reliability or loss of redundancy in your system? 8.0 Interested parties? (s. 12, 20) 8.1 Who are the interested parties for this work? (Those interested in this activity to be done well? e.g. owner, public, staff, MECP) 8.2 Do you communicate with these interested parties? If so, How? When? 9.0 Evidence of Continual Improvement? (s. 21) 9.1 What are examples of improvements implemented related to this process? 9.2 Do you have any suggestions on how this process could be improved? 64Page 101 of 124Page 545 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 29 of 37 Process: QMS Rep/Dist. O&M/Sampling, testing, monitoring programs Auditee(s): Jessica Blanchard Audit Date: Dec 18, 2023 1.0 Who? (s. 2, 10) Permanent Acting Supervisor position has been very beneficial in assisting with day-to-day operations and communication between management/supervisors and frontline staff 4.0 Process Under Control? (s. 5, 17) Cartegraph-OMS – enter all FAC results into, keeps track of their start and end time. Annual schedule is done up, task is created in OMS. Mustering in the morning assigns a staff person to do the sampling who then logs into OMS and does the sampling. Can either log into tablet or cell phone, record FAC info on CofC. Cartegraph – locked down for people who shouldn’t be there – so only people who are authorized to make an entry can make one. Have also placed the following activities in Cartegraph-OMS: Main breaks, backflow inspections (permanent), valves, tapping, hydrant flushing, hydrant pumping out, trench numbers, lateral inspections 6.0 Adequate Resources? (s. 3, 11, 13-15) 2024 budget approval included 2 new positions – including DWQMS Coordinator, which will assist QMS Rep in administration of the DWQMS DWQMS communication to contractors/developers is currently handled by engineering/infrastructure. DWQMS information is provided as part of pre-construction meeting, contractor to review, sign and return to QMS Rep. Not consistently followed, sometimes outdated information is provided. Uncertain as to effectiveness of current process. Discussed potential of having QMS Rep attend pre-con/project kick off meetings to provide information in person to ensure correct, current information is communicated verbally. Also discussed “tailgate talks” for contractor staff training. OFI – consider having QMS Rep attend pre- con/kick off meetings to deliver DWQMS requirements, also consider “tailgate talks” for contractor awareness training. 2.0 Process Input? (s. 3, 4, 14, 15) Infrastructure review takes place and the information is shared with engineering who uses the information to prepare the capital budget request; however, the actual results of the infrastructure review, including an itemized “Areas of Concern” document, are not provided to Council. 7.0 Output? (s. 5) Summarize annual main breaks and categorize them for AMP purposes, now include in the annual report to Council. 65Page 102 of 124Page 546 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 30 of 37 Process: QMS Rep/Dist. O&M/Sampling, testing, monitoring programs Auditee(s): Jessica Blanchard Audit Date: Dec 18, 2023 3.0 Measured? (s. 8, 12, 16) Challenging conditions - Sample at dead ends, if new issues happen in system (i.e. new dead nds), water quality complaints. Known areas of concern. HAAs – doing 2 samples 5.0 What If Out-of-Control? (s. 7-8, 12, 18) Emergency test in 2023 was “back to basics” to go over routine issues that can come up, included AWQI response. Few weeks later, there was an AWQI. Pre-“courtesy” notification received from lab, and City started AWQI response. Lab was concerned about City taking action before official results were issued, requested that City put measures in place to ensure action only taken upon receipt of official results. QMS Rep issued NC and updated reference document to supervisory staff to advise them to wait until official results are received. 8.0 Interested parties? (s. 12, 20) Annual report to Council to share annual drinking water report, management review etc. Discussed that hosted standard of care training and only 3 councillors attended. Would like to get more councillors interested. 9.0 Evidence of Continual Improvement? (s. 21) Majority of OFIs are either complete or in progress. 66Page 103 of 124Page 547 of 769 City of Niagara Falls – DWQMS 2.0 – 2023 Internal Audit Acclaims Environmental Inc. 31 of 37 Process: Top Management Auditee(s): Erik Nickel-EN and Adam Allcock-AA Audit Date: Dec 18, 2023 1.0 Who? (s. 2, 10) EN - Provide necessary support and advocacy, understand DWQMS, ensuring doing it, budget, bylaws, bring forward to Council. Tools, equipment, support, human resources AA – experience, knowledge of SDWA & legislation, certification is not required – not the ORO – ORO is with the Supervisor – 3rd back up, budget prep, knowledge of staffing competencies. 4.0 Process Under Control? (s. 5, 17) AA – onboarding – (Maintainer is an OIT position) – getting them early in their W-WW career. QMS knowledge and awareness, posters. Provide as much training as possible – has increased training by 5% annually. Onboarding – human resources does new employee training, but thinking about new W-WW training. Less than 10% turnover in past 2 years. 6.0 Adequate Resources? (s. 3, 11, 13-15) JB – pandemic – 2 teams – added as a risk to the RA. Contractor back up EN – have purchasing limits, procurement department – b/f gets to purchasing, make sure follows bylaw. Signing authority i.e lead free, compliant with material standards. 2.0 Process Input? (s. 3, 4, 14, 15) EN- Asset Management Plan (AMP) is key tool, and annual DW status update – summary of water quality and produce stats for Council. AMP – meant to inform budget – supposed to be 10 yr capital plan – roadmap – work with engineering team to ensure mitigating risks with projects 7.0 Output? (s. 5) 3.0 Measured? (s. 8, 12, 16) EN – some projects in 2024, Biamonte Cresc – moved up higher, Warden, Douglas, Dorchester Road/Thorold Stone Road – seeing if they still need it. EN – list of deferred projects – but all priority projects have been moved up the list and were approved. AM team prepares a risk-based list – sit with Engineering/Operations see what is risk vs. growth based. – also try to tie into other infrastructure (i.e. Roads) AA -MECP bulletins, ERO, regional working groups, OWWA, OMWA, Training. Maintenance history – Cartegraph – tracked in infrastructure review, 5.0 What If Out-of-Control? (s. 7-8, 12, 18) EN – communicate and work on mitigation strategy for risks – put team in place and not bury and hide it – make sure have tools, budget, resources etc. AA – supply issue from Region is biggest issue – last year, Region had largest of 3 feeds down. Failure on fitting in chamber. Shut down larger area. Good communication between the front line staff at Region and City. – caused water quality issues, lots of phone calls. Communications is essential. Risk from backflow, working on implementing a program. Afterhours emergencies – there isn’t a requirement to have operators on-call – delayed response. Working with HR to create on-call so there will be operators on-call 8.0 Interested parties? (s. 12, 20) EN – communicate with Council/SR Mgmt – annual DW Report to Council, WM Break communicated to residents and Council. AWQI – if need emergency response – would communicate to Council. Any changes to policies, procedures bylaw, DWQMS. Standard of Care training 9.0 Evidence of Continual Improvement? (s. 21) EN – ability to deliver service depends on Regional partnership OFI - would like to see continued and improved collaboration b/t City and Region. AA – increased staffing compliment (4 staff), increased training budgets and opportunities, getting new operators in place. Water loss – have an internal group set up. 67Page 104 of 124Page 548 of 769 Appendix “C” – Auditor CV and Training Certificates Curriculum Vitae: Brigitte Roth, BES, EP(EMSLA) SUMMARY: A management systems, compliance and risk management professional with over 25 years' experience in: − achieving legislative compliance, − optimizing and integrating management systems, − conducting risk assessments and analysis, − preparing and improving emergency response plans, − planning and executing annual emergency test exercises and debrief sessions, − leading and carrying out compliance and management system audits, and − developing and delivering training related to the above areas of expertise. A certified environmental professional with ECO Canada, as EP(CEA) from 2005-2015 and currently as EP(EMSLA) since 2015; she has conducted environmental compliance, pollution prevention and management system audits at over 95 unique organizations of various industries in Ontario and at 66 golf courses under the Integrated Pest Management Accreditation Program. She has overseen the implementation and integration of management systems in conformity with ISO 14001, ISO 9001, ISO 17025, OHSAS 18001 and Ontario’s Drinking Water Quality Management Standard. Also experienced as an alternate Community Emergency Management Coordinator (CEMC) for the City of Guelph from 2015 to 2017 and a Planning Section Chief in the City's Emergency Operations Centre from 2014 to 2017. PROFESSIONAL DESIGNATIONS: 2015, Environmental Professional – Environmental Management Systems Lead Auditor, ECO Canada 2005-2015, Environmental Professional – Compliance Auditor, ECO Canada EDUCATION & KEY TRAINING: 2018, ISO/IEC 17025:2017, Waher Consulting Services 2016, Community Emergency Management Coordinator, Emergency Management Ontario 2014-2017, Emergency Management Certificate program courses, Justice Institute of British Columbia 2013, Project Management Certificate (with High Honours), Sheridan College 1998, Environmental Management System Lead Auditor, KPMG (Certificate No. E0034) 1997, Quality Management System Lead Auditor, KPMG (Certificate No. K193) 1996, Certificate of Environmental Assessment, University of Waterloo 1996, Bachelor of Environmental Studies (Honours Geography), University of Waterloo EMPLOYMENT HISTORY: Principal Consultant at Acclaims Environmental Inc. January 2018 - present Helping optimize the effectiveness of customers’ integrated management systems through audits and facilitated sessions to improve: − legislative compliance (e.g. emissions reporting, approvals and environmental protection plans) − conformance to management system standards (e.g. DWQMS, ISO 14001, ISO 9001, ISO 45001) − risk assessment and management − emergency preparedness and business continuity 68 Page 105 of 124 Page 549 of 769 Trainer at Walkerton Clean Water Centre October 2016 - present Contract trainer for the following courses: − Drinking Water Quality Management Standard (DWQMS) − Internal Auditing for DWQMS − Introduction to Audits for Leadership Roles − Introduction to Audits for Operators − Responsibilities under the Statutory Standard of Care − Risk Assessment & Emergency Preparedness Program Coordinator – Project and Program Management at City of Guelph March 2017 – January 2018 For the City’s Corporate Project Management Office (CPMO): − Developed and promoted methodologies and standards, − Reported to the Executive Team and city Council on the CPMO’s performance, − Promoted and trained on project management processes, − Implemented project document and records control, and − Researched and implemented best practices. Quality Assurance Coordinator at City of Guelph October 2008 – March 2017 Managed the processes related to: − Municipal Drinking Water Licensing, − Drinking Water Quality Management Standard (DWQMS) accreditation, − Leading the audit team in internal audits and coordinating external audits, − Risk assessment, analysis and emergency response plans, and − Regular compliance reports to Top Management and city Council. Pollution Prevention Coordinator / Senior Environmental Auditor at CASF 2001 – 2008 − Conducted over fifty pollution prevention and/or compliance audits at metal finishing sites. − Designed and delivered Advanced Environmental Management Series of courses (Auditing 101; Pollution Prevention Planning & Materials Accounting; Regulatory Compliance; Spills Prevention, Emergency Preparedness and Response). − Chaired annual Metal Finishing Conference committee from 2000-2008. Environmental Management System Specialist at WESA Group Inc. (BluMetric Environmental Inc.) 2004 – 2006 − Conducted compliance and management system audits at industrial and municipal drinking water sites. − Assisted with management system implementations (ISO 9001, ISO 14001, OHSAS 18001, DWQMS). − Assisted industrial clients with Canada’s National Pollutant Release Inventory annual reporting. − Assisted in the application process for industrial facilities’ Certificates of Approval (Air & Noise). Quality and Environmental Coordinator at Kuntz Electroplating Inc. 1996 – 2001 − Project manager for ISO 9001, ISO 14001 and ISO 17025 implementation and maintenance. − Facilitated annual reviews of quality policies, risk assessments and emergency response plans. − Kept up-to-date on all changes in regulatory / customer requirements and reported to management. − Developed and delivered various quality and environmental management system training programs. − Managed external and internal audit plans for all management systems and functioned as lead auditor. 69 Page 106 of 124 Page 550 of 769 70 Page 107 of 124 Page 551 of 769 Curriculum Vitae: Darlene Suddard, BSc. SUMMARY: Darlene has more than 25 years’ experience in water and wastewater compliance and management systems implementation. Her extensive municipal experience includes: • Creation, implementation and maintenance of programs and procedures to ensure compliance with environmental regulatory requirements, • Implementation and maintenance of quality management system in conformance with the Drinking Water Quality Management Standard, and • Preparation, submission and presentation of: annual compliance reports, quality management system/compliance communications, education and training for staff, Council, external groups. EDUCATION AND KEY TRAINING: 2014 NextGen Municipal Leadership Certificate Program, Goodman School of Business, Brock University 2011 Risk Assessment & Emergency Preparedness Course, Walkerton Clean Water Centre 2010 Root Cause/Problem Solving Workshop, International Certification Services Inc. 2010 Process Mapping Workshop (Customized for DWQMS), International Certification Services Inc. 2009 DWQMS Internal Auditor Training, Waher Consulting Services 2007 Environmental Management System Essentials Course, QMI 2006 Quality Management System Lead Auditor Training Course, QMI 2003 ISO 9001 Internal Auditing, J.F. Young International Inc. 2003 ISO 9001:2000 Orientation Course, Waher Consulting Services 1995 Bachelor of Environmental Science, Trent University 1992 Terrain and Water Resources Technologist, Sir Sandford Fleming College 1991 Terrain and Water Resources Technician, Sir Sandford Fleming College PROFESSIONAL EXPERIENCE: Principal Consultant at Municipal Water Solutions Inc. September 2023 – present Helping municipal and non-municipal drinking water, wastewater and stormwater systems meet their provincial, federal and local regulatory requirements through: • development of processes, procedures and documents to ensure compliance with regulatory approvals and/or public health directives, • development and delivery of staff education and training programs, and • perform desktop and/or on-site process-based quality management system audits. Manager of Water/Wastewater at City of Port Colborne March 2021 – May 2023 Managed the efficient delivery of services comprising the Water/Wastewater Division (water distribution, wastewater collection, stormwater, municipal drains, climate change and environmental compliance), through: • Preparing, presenting, and monitoring $15 million total annual operating budgets, • Reporting administrative and status reports and recommendations to the Senior Management Team and Council, • Formulating and administering short and long-term policy and operational objectives, and • Investigating and implementing process improvements. 71 Page 108 of 124 Page 552 of 769 Environmental Compliance Supervisor at City of Port Colborne January 2012 – March 2021 Ensured the City was compliant with all federal, provincial and municipal environmental regulatory requirements through: • Creation, implementation and ongoing management of compliance programs, plans, policies, procedures and systems for drinking water, wastewater, stormwater, hazardous waste, spills, small drinking water systems etc., • Quality Management System representative for the City’s Drinking Water Quality Management System, • Maintaining accreditation to the Drinking Water Quality Management Standard (DWQMS) • Leading the audit team in internal audits and coordinating external audits, • Leading annual risk assessment, infrastructure review, management review and emergency response plans, and • Annual reporting to Top Management and Council. Water/Wastewater Compliance Coordinator at City of Port Colborne April 2009 – January 2012 Managed the processes related to: • Municipal Drinking Water Licensing, Drinking Water Works Permit, • Implementation and maintenance of quality management system in conformance with the DWQMS, • Creation and management of extensive documentation, data and reporting systems in accordance with applicable regulations and the quality management system, and • Preparation, submission and presentation of annual compliance reports • Training staff, Council and contractors. Quality Assurance Officer at ASI Group Ltd. 2001 – 2009 • Created, implemented, and maintained: o quality management system in conformance with ISO 9001, o quality program to meet Environmental Compliance Approval requirements for industrial sewage works, o quality program to meet TSSA Certificate of Authorization requirements for CSA B51 – Boiler, pressure vessel, and pressure piping code and ASME B31.1 – Power Piping Standard and B31.3 – Process Piping Standard, • Conducted internal and/or technical audits to ensure compliance with specific quality program requirements, • Monitored regulatory compliance of twelve water/wastewater treatment facilities, and • Ensured all fabrication, repair and maintenance activities of thermoplastic pressure systems were compliant with the CSA-B51 Quality Manual, and ASME B31.1 and B31.3 and met the TSSA requirements for three Certificates of Authorization. Project Manager at ASI Group Ltd. 1994 – 2001 • Created procedures and processes for zebra mussel monitoring program, • Designed, implemented and analyzed effectiveness of experimental zebra mussel treatment methodologies, • Project budgeting, procurement, scheduling, overseeing and invoicing, and • Wrote and reviewed technical reports. 72 Page 109 of 124 Page 553 of 769 73 Page 110 of 124 Page 554 of 769 Agenda Items ➢ Review short- and long-term infrastructure needs (based on the 2023 “Areas of Concern” excel doc) ➢ Consider outcomes of 2023 DWQMS Risk Assessment ➢ Review Opportunities for Improvement noted in the 2023 Accreditation Audit, as they relate to Infrastructure, Maintenance, Rehabilitation and Renewal ➢ Continued development of both 2024 Capital Budget and 10 Year Capital Plan. In Attendance • Kent Schachowskoj – Manager of Engineering • Tara Gudgeon – Senior Manger of Asset Manager • Kelly Dell - Asset Management Programs Supervisor • Shannon Bourgeois – Capital Planning Analyst • Steven House – Capital Planning Analyst • Adam Allcock – Senior Manager of Water & Wastewater Services • Jessica Blanchard – Water & Wastewater Services Coordinator • Mike Pullano – Water & Wastewater Services Supervisor • Jonathan Danyluck - Water & Wastewater Services Supervisor Minutes ➢ Meeting was held in the Service Centre Boardroom, with some attendees participating via Microsoft Teams Application ➢ Ongoing watermain replacement/renewal considerations were discussed in order of priority (highest priority first), some 2022 area of concern had been resolved/renewed (therefore removed from the list), and additional areas of concern were added. Some of the areas of concern were consolidated due to their close physical proximity and shared structural concern. The new areas of concern list can be viewed in attached document “October 13, 2023, Infrastructure Review Areas of Concern”. Area of concern major adjustments/additions/removals are summarized below. o The following areas were consolidated, for reference: ▪ The existing Hagar Ave concern added to the Whitman area of concern, due to proximity and similar aging cast mains creating water quality issues. ▪ Existing Hawkins St concern added to the Whitman area of concern, due to proximity and similar aging cast mains creating water quality issues. ▪ Existing Margaret St concern added to the Whitman area of concern, due to proximity and similar aging cast mains creating water quality issues. ▪ New Caledonia St concern to be added to Whitman area of concern, due to proximity, main break history and aging cast mains creating water quality issues. ▪ **Whitman area of concern to be re-titled to “Drummond/Dunn/Dorchester/McLeod quadrant” to aptly represent larger area of concern. ▪ New Oxford St, Baker Cr, Valour Ct added to existing Wiltshire Blvd area of concern due to shared pressure/water quality concerns in these areas of proximity. ▪ New Burdette Dr was added to existing Carolyn/Bracken/Heather area, as water quality continues to be an issue in this general area, despite the addition of the cannery subdivision. 2023 Infrastructure Review, Water & Wastewater Services Division October 13, 2023 Start 8:00 am End 10:15 am Location Water & Wastewater Services Boardroom (Service Centre) and MS Teams Option 74 Page 111 of 124 Page 555 of 769 o The following areas of concern were added, as their own independent line item. ▪ Thorold Stone Rd @ QEW crossing, as this current critical crossing closure is causing water quality and flow issues in the Rolling Acres subdivision. ▪ Brooks Cres, as watermain passing through private properties would create substantial repair barriers and challenges in the event of a break or repair. ▪ Erwin Cres, as watermain passing through private and hydro properties would create substantial repair barriers and challenges in the event of a break or repair. ▪ Rainbow Cres, as watermain passing through private properties would create substantial repair barriers and challenges in the event of a break or repair. ▪ Darcy Cres and surrounding areas, due to recent increase in water quality concerns. ▪ Portage Rd – Macklem St to Norton St, due to number of breaks in recent years ▪ Ellen Ave – Centre St to Walnut St, due to high profile and challenging area for breaks/repairs ▪ Huron St – Valley Way to Crysler Ave, due to proximity to abandoned gas main. ▪ Drummond Hill adjacent streets Lowell Ave, Hanan Ave and Morse Ave, due to main break history and difficulty to repair due to grade and soil type. ▪ Sodom Rd – Weinbrenner Rd to Main St, due to main breaks causing private property damage. ▪ Old McLeod Rd, due to the number of main breaks in recent years, and relative undetectability of breaks. ▪ WWM_06033, which is a section off the Niagara River Parkway main, which runs into the new Casino, at 6380 Fallsview Blvd. It is unsure if this section of main is live, or if it is tied into Fallsview Blvd, and there are no valves along Niagara River Pkwy to prove out this section & WWM_06025, which is what WWM_06033 is fed off, as it is uncertain if the City of Niagara Parks Commission should be noted as the owners of this section of main. o ACTION: WWW Division requested Engineering team to see if more information could be obtained regarding the above-mentioned sections of main regarding their activity status, isolation, and ownership, if possible - COMPLETE – Kent has provided the Casino file with as built drawings and other information for WWW to review/study. o The following areas of concern were removed, due to their recent renewal/replacement completion: ▪ Don Murie/Progress/Earl Thomas/Kister – completed as per 2022-523-20. This was completed in 3 phases, where the final phase is currently in design and will be fully completed by years end 2024. Funding for this project did not extend beyond these streets, so Ramsey Rd was not renewed in this industrial section. Historically Ramsey has not experienced watermain breaks or water quality issues. ▪ Fern Ave – problematic area of Fern (from McLeod Rd to S of Jill Dr) completed as per 2023- 504-19. ➢ 2023 Risk Assessment Review and Outcome Considerations – The 2023 Risk Assessment Results and Meeting Minutes were circulated to the group for their review (with the Infrastructure Review Agenda). The following City (Distribution) components/elements of the most recent Risk Assessment, as they applied to structural integrity of infrastructure and associated water quality concerns were discussed. ACTION items indicate the follow up during the October 13th Infrastructure Review o Element 16: Distribution (City): Watermain infrastructure. General physical failure of watermains due to aging/deterioration. The consequence of this event during the Review was increased to a 3 (previously a 2), as it was determined that at this time, any cathodic protection which was present in the City Infrastructure in the past is well beyond its effectiveness time. o ACTION: Kent and his Engineering team to consider developing a program which will focus on the application of cathodic protection to existing ductile iron watermains throughout the City. If funding for this anode placement program could be obtained, an initial corrosion assessment study could commence as early as 2024. o New Elements added to the Risk Assessment Matrix (discussed as information) • Element 35: Data & Controls – Cybersecurity Threats – as requested in the Environmental Registry of Ontario Notice 019-4855 (April 12, 2022). 75 Page 112 of 124 Page 556 of 769 • Element 39: Perceived threat to drinking water system due to media posts/documentaries – as experienced by recent (2023) W5 episode on asbestos fibers in drinking water. • Element 40: Unable to Maintain Infrastructure (due to staffing limitations & shortages) – as potential pandemic or strike/lockout instances are becoming more common. ➢ Review Opportunities for Improvement noted in the 2023 Accreditation Audit, as they relate to Infrastructure, Maintenance, Rehabilitation and Renewal: It was noted in the 2023 Accreditation Audit that the Financial Plan should be at least forecasted to 6 years in the future, as outlined in Reg 453/07, BUT also must be 5 years current, as per outlined in the DWQMS Standard. The Auditor strongly recommended that the budget specifically for watermain infrastructure be included in this plan moving forward (including tentative new development and renewal projects if possible). They felt the last Plan’s primary focus was the revenue and expenditures related to water. o ACTION: Jessica to revisit and review this requirement again upon release of the 2024 Long Range Financial Plan (currently in progress – initial Audit findings were shared with Finance upon receipt of the Audit report in August of 2023). – IN PROGRESS It was also noted in the Audit that the naming template (or revision number) of the annual Infrastructure Review “Areas of Concern” list be more structured (to illustrate when the review took place – as there can be more than one review per year). To satisfy this, the 2023 Area of Concern List will have the date of the Infrastructure Rivew placed in the Excel name of the document. o ACTION: Jessica to ensure the date of the Review is embedded in the document name for 2023 onward. - COMPLETE ➢ Continued development of both 2024 Capital Budget and 10 Year Capital Plan: As discussed for each area of concern line item (again, see “Areas of Concern” doc.). In addition to the City’s planning, some projects will coincide with or should be altered to align with Niagara Region initiatives (whether it be renewing/upsizing Regional mains or performing re- surfacing of Regional Roads). Niagara Region has a recent (September of 2023) Draft titled “Proposed 5 Year Capital Forecast” for the City of Niagara Falls area. This will serve as a good reference and guide to align City and Region projects for the coming year. o ACTION: Kelly to share Niagara Regions 5-year capital forecast draft document – COMPLETE o ACTION: Jessica to circulate this document with the Infrastructure Review Meeting Minutes- COMPLETE 76 Page 113 of 124 Page 557 of 769 WATERMAIN 13-Oct-23 Area Comment/Concern (based on priority - highest first)Comments from 2023 Infrastructure Review , 2024 Capital Budget Review & WWW additional concerns 1 TSR at Dorchester break history in VERY BUSY INTERSECTION This area is planned for resurfacing by NR within the next 2 years. To work collaboratively with the Region for watermain renewal in this area. Planning to advance in house designs for WM replacement on Dorchester Rd from Morrison to Mountain in advance of resurfacing. Will need to be phased over a few years due to scope and cost for construction. Replacement of watermain in the area south of the intersection with TSR is a priority. WWW Suggest replacement on Dorchester from approx. Pettit to Oxford. The budget for this is not yet formally approved, but will be brought to Council for design approval in 2024. Niagara Region to be upgrading forcemains off of TSR near Rolling Acres within next 5 years 2 NEW: Thorold Stone QEW crossing currently not in service - causing water quality issues in the Rolling Acres subdivision. Should be fixed or an alternate crossing in this area needs to be established. Engineering will be allotting funds in the 2024 budget to perform a feasibility assessment for re-lining the existing crossing infrastructure, in hopes of re-establishing flow there. If this is not feasible, will have to potentially find another appropriate highway crossing in the area. 3 Beaverdams Rd (Kalar to the Lane) break history (high priority). If water renewal prior to this is possible it would mitigate claims to the City (from main breaks flooding out residents in the area). Break history is most prominent on the stretch from Booth St. west to Kalar. Older cast main. This area has been allotted a budget for a consultant. First stage is developing a storm outlet for the Hodgson division. Scope of work includes watermain replacement and New Storm Sewer. Design may be complete with construction starting by 2025. Consider this problematic stretch be renewed in house. Design Phase for Reconstruction of Beaverdams from Kalar to Lundy's Lane was part of 2023 Capital Budget list for consideration/approval. Still awaiting to obtain an EA for this area. 4 Portage @ HWY 420 South end being rectified via Portage and Prospect Project 2022- 503-16, however north dead end (5365 Portage) still requires a work around Main break years ago at this location resulted in the watermain to be capped on the north and south side of the highway - resulting in dead ends. This has created water quality issues on the north side specifically, which is remedied by City staff flushing this area 3 x/week for the past 5 years. Residents in this area (2 specifically are affected) have escalated their water quality concerns to the Council level, citing poor service levels and wasted City resources. Best scenario to remedy this would be to tie the dead end into the adjacent Biamonte Cr main. Would need to obtain an easement from property 5365 Portage to facilitate this, which is currently in the process of being secured. There will be a renewal and increase sizing of Biamonte Cr watermain at the same time due to this being a 70 yr. old 6" main. This Valley Way/Biamonte area renewal will go out for tender in early 2024, and services on Portage Road which have been compromised due to the dead end will be connected to the new main. 5 TSR (5 corners to the rail way tracks)breaks on the 200 mm cast main in VERY BUSY STRETCH OF ROAD This area planned for resurfacing by NR within the next 5 years, as per the September 2023 document "DRAFT - Proposed 5 Year Capital Forecast City of Niagara Falls". We may consider this watermain renewal prior to this project due to watermain break history and the substantial interruptions this creates. WWW suggest one redundant 6" main should be eliminated the services could be shifted to the south side 8"main, and affected water services could be shifted to the single main. To align this City project to coincide with the Regions resurfacing project, for best efficiency. 6 Dorchester Road (Morrison to Willinger)break history on old cast main Due to the scope of this stretch of renewal recommendation, this project will be broken into smaller sub prioritized areas. 2 sections which have the most historical main breaks would be TSR to Cherrygrove and Waterloo to Russell. Resurfacing of stretch from Morrison to Mountain is currently in design phase. To coordinate to ensure watermains are replaced prior to resurfacing. The watermain replacement project will likely occur over the next 5 years. 7 Drummond/Portage area Regional main renewal in progress 2021-530-20 was completed in the spring of 2022 - replaced main on Drummond from TSR to Glengate. This area will continue to be renewed in the next 5 years (Portage from Gallinger to Elizabeth - and Gallinger in its entirety), beginning with Gallinger in 2025. 8 Drummond Rd in its entirety break history - esp. Cherrywood area Problematic area specifically in Cherrywood area. Portage Road phase 2 is currently design phase. The scope of this project will include Drummond from Glengate to railway and again to Althea. 9 Bridge St (E of Victoria)Regional project - substantial breaks here This is a multiple break per pipe segment area as well (specifically at Erie) as well as a multiple main break area historically east of Victoria. This project has been delayed again until likely 2027 due to difficulties obtaining an EA and acquiring properties which will need to become part of the road allowance. The round about at Bridge and Victoria is complete, and experienced many complications. Watermain replacement should be going to RFP in 2024 or 2025. 10 Brown Rd (Garner to Montrose)placement of main (in ditch) and hydrant locations make frequent repairs and operations difficult This project has gone through design phase and will be tendered before the end of 2023. There were geological issues which slowed the progress down. Likely 2024 renewal construction project will begin. 77Page 114 of 124Page 558 of 769 Area Comment/Concern (based on priority - highest first)Comments from 2023 Infrastructure Review , 2024 Capital Budget Review & WWW additional concerns 11 Stanley Ave (Robinson - to HWY 420)break history NR has designed a 2 phase resurfacing of this area - to commence 2024 or 2025 (first phase likely being Murray to hwy 420). Will attempt to work collaboratively with NR for this watermain renewal. Planning information from Region of Niagara indicate that Stanley Ave from Murray to Peer is scheduled for 2025 and from Peer to Hwy 420 is scheduled for 2027. City Watermain replacement will be integrated into the NR projects. The City has recently requested a pause from Niagara Region, as far as the resurfacing of Stanley from Dunn to Marineland Parkway, as limited funds in for renewal of City mains may not be available for some time. Niagara Region will be upsizing their mains in this section to 12"- for future capacity demands. Projections to renew Stanley from Marineland Parkway to Hwy 420 will likely take 4 years, and 4 project phases. 12 Stanley Ave (Robinson to McLeod)break history Watermain replacement between Murray and Dixon can proceed as an independent project, as an in house design for watermains. This can occur in advance of Regional plan to resurface this section of Stanley Avenue in the near future (deferred at City request to address deficient watermains). Niagara Region will be upsizing their mains in this section as well to 12" - for future capacity demands. Projections to renew Stanley from Marineland Parkway to Hwy 420 will likely take 4 years, and 4 project phases. 13 Portage Rd (McLeod to Marineland Pkwy)break history, water quality concerns Niagara Parks Commission has requested a new watermain in this area, to service an upgraded property (the old power plant). They have yet to provide the actual size of main they will be requiring, so this project is on hold until information is provided (no specific date as of yet). This section of roadway is also on the resurfacing schedule, but this will be delayed, in order to coincide the watermain replacement project. 14 George Street break history Sewer separation EA continues to progress. Watermains to be renewed during this project, and it will include Fraser Street. Estimated timeline for completion of this project was within 5 years of the start, and it is currently estimated that this area will be in design phase in 2025 and construction could potentially begin in 2026. There was a PM shift as to who was overseeing this project, but it is currently assigned. 15 Carolyn/Bracken/Heather/Burdette water flow/quality issues This area has recently (2023) again had water quality concerns spike - low residual in the area due to aging mains which reduce flow. It was thought that the Cannery subdivision would aid in increasing flow to this area and alleviate water quality concerns, but this did not seem to occur. This was moved up this priority list as it relates to water quality concerns. 16 NEW: Darcy Cres. and surrounding areas water quality concerns in this aging subdivision Area added to the mid point of this list as it involves potentially compromised water quality. 17 Wiltshire Blvd and surrounding area break history, water quality concerns Water quality and pressure continue to be an ongoing concern in this area - Wiltshire, McColl, Baker, Oxford, Valour etc. There are 3 upcoming projects (currently in design phase - to be completed in house). They include the remainder of Oxford (from Rolling Acres to Wiltshire - which was not renewed via contract 2019-458-18), and 2 sections of Wiltshire. This design will be complete over the next 2 years, with the projects likely starting in 2025 and 2026 respectively. 18 Frances Ave - dead end water flow issues We are still investing a lot of resources in this flushing this dead end at a private hydrant (on school property). This area is on the list for renewal to tentatively commence within the next 5 years, however, sewer separation in the area will be prioritized, and should align watermain renewal with this project. 19 NEW: Sodom Road (Weinbrenner to Main)break history, difficulty to repair and property damage caused by breaks Niagara Region forecasted to upgrade all of Sodom Road, to allow for future increased service capacity to Chippawa East and other new subdivisions. This design is currently underway. Engineering to communicate with the Region so that City main upgrades can occur at the same time as Region upgrades and resurfacing, if possible. 20 NEW: Brooks Cres. - east end Main cuts across 2 private properties to tie into Carman main Main passes through 5879 Brooks and 5858 Carman. This would be problematic to repair. WWW suggests to re-direct or loop. Engineering will consider placing a 2" loop in the area to alleviate this issue. 21 NEW: Erwin Cres.Main cuts across 3 private properties and the Hydro corridor to tie into Dunn main Main passes through 7627 Rainbow and 7766 Jubilee. This would be problematic to repair. WWW suggests to re-direct or loop. Engineering considering eliminating the section of main which travels through private properties and corridor, as there is a combined sewer also running along this path. This will have to go out for RFP, as the looping of the water and the capping of the combined main would have to have a substantial design. 22 NEW: Rainbow Cres.Main cuts across 2 private properties to tie into Jubilee main Main passes through 6597 Erwin, the Hydro corridor, 6519 Dunn and 6527 Dunn . This would be problematic to repair. WWW suggest to re-direct or loop. Engineering will consider/plan to place a 2" loop in the area, to alleviate this issue - could be complete as a project grouped with looping Brooks. 23 Coventry/Buckingham break history, cathodic protection worn off This area will be considered for the tentative corrosion assessment study (2024) for application or re-application of cathodic protection 24 Swayze/Heritage/Johnson/Addison break history, deep services, watermain location, difficulty to repair It was repeated how costly even service breaks are in this area due to main placement. There is no official plan for work in this area at this time. 78Page 115 of 124Page 559 of 769 Area Comment/Concern (based on priority - highest first)Comments from 2023 Infrastructure Review , 2024 Capital Budget Review & WWW additional concerns 26 NEW: Drummond Hill adjacent streets (Morse, Hanan, Lowell) break history and difficulty to repair due to steep incline and sandy soils This area has been flagged for renewal, but this will likely be 5-10 years down the road (beyond 2027). The reason for this is that this area affects the current redundant feeds to GNGH, and until that time that the new hospital in the City's south end has been established, renewal projects in this area will be on hold, including sewer separation in the area. 27 Dorchester Road (Jill to Oldfield)break history Recently resurfaced without considering replacing aging watermain. This was driven by residential concerns of safety. This area will remain in the spotlight as there is to be a traffic assessment completed, and this may create the development of a round about at the south end of Dorchester - any watermain renewal to this area should coincide with the traffic assessment recommendations. This area will likely be considered for the corrosion assessment study, as it is also ductile iron. 28 AC Pipe in Chippawa replace all Corporate goals outline that within 20 years this will all be replaced. Willoughby from Weinbrenner to Main Street will be renewed over a 2 year period - likely to commence in 2024-2025. 29 Drummond/Dunn/Dorchester/McLeod quadrant water quality concerns Aging cast in this area causing multiple breaks and compromised water quality/flow. Particularly on Whitman, Hagar, Hawkins, Margaret and Caledonia. Whitman, Margaret Street (from Hagar to Caledonia), Caledonia (from Margaret to Dorchester) and Hawkins Street (to be completed in 2 sections: Adams to Dell, and Dell to Drummond) are all forecasted for renewal, but no tentative dates have yet to be set. 30 Murray Ave (E of Orchard)break history This renewal project is in the forecast as per Asset Management (with a more broad scope of almost the entire stretch of Murray to be renewed in 2 or 3 phases: Orchard to Finlay, Drummond to Orchard & Franklin to Drummond. A portion of this will likely be completed design in 2024 and the remainder in 2025. Once design phase is completed, City will make a decision regarding sewer separation in this area as well (unsure at this time if the area contains combined). 31 NEW: Portage Road (Macklem to Norton)increasing number of breaks recently and difficulty to repair This is noted by Engineering, but this underground infrastructure renewal will likely be deferred until after this section of roadway has been resurfaced, as requested by Top Management. 32 NEW: Old McLeod Road history of breaks which are not evident initially, due to remote location, resulting in large volumes of water loss Engineering noted this additional area of concern 33 Kitchener St - East of Stanley break history should focus on extremely old sections of this stretch of roadway (some are original 1889 cast mains). This renewal project is in the forecast, and is to include sewer as well, for both the extremely aged water and sewer mains on Kitchener and Macdonald Ave. This will likely have to be completed via several projects due to length of roadway, and for ease of funding. 34 Wills St break history Engineering to consider adding this relatively small street into one of the Rolling Acres renewal projects. 35 NEW: Ellen Ave (Centre to Walnut)difficulty to repair This area is in the forecast for renewal - to begin once Ferry St upgrade project has been completed. As Ellen is part of the BIA, this section will be on the docket to be renewed. Timeline TBD 36 NEW: Huron St (Valley Way to Crysler)difficulty to repair, due to presence of abandoned cast gas main which aligns with watermain This area had been on the renewal list, but was delayed due to lack of PM coverage. It has now been re introduced as a concern and will likely be assigned a PM to initiate this renewal. 37 Third Ave (Bridge to Maple)break history Renewal needed in the areas which were not captured during the 2019-434-17 renewal project due to aging main causing multiple breaks. There is now funding in the budget to perform sewer separation on Maple from Stanley east to Sixth Ave, likely to commence in 2024. Following this project, renewal for Homewood, Maple Cedar and Third to be scheduled. The Maple area is challenging, as there is no road allowance currently as the roadway crosses the Hydro corridor. Temporary easements will need to be established prior to any work being performed in this area. 38 Ellis St break history This is a multiple break per pipe segment area. 39 Whirlpool Rd/Church's Lane/Stanley break history The watermain on Whirlpool Road (between Church's Lane and Stanley) was taken out of service on August 24, 2022. Renewal has been planned for Church's Lane (from Portage to Stanley). This section will go into design phase in 2024. 40 Martin Ave break history This area is projected to be renewed. Currently, due to difficulty in determining an outflow storm location, and the fact that Victoria Avenue will require quite extensive preliminary work to its storm system, this project has been deferred to 2025, with entire completion of the area likely extending to 2028 (due to the many phases required) 41 Hillcrest Cr break history This renewal project is in the forecast, as all pre war cast mains will be high on the cast replacement priority list. However, no tentative renewal date has been established as of yet. 79Page 116 of 124Page 560 of 769 Area Comment/Concern (based on priority - highest first)Comments from 2023 Infrastructure Review , 2024 Capital Budget Review & WWW additional concerns 42 NEW: WM along Niagara Rive Pkwy which appears to potentially be a redundant feed to the Newer Casino (6380 Fallsview Blvd.), yet does not tie into Fallsview Blvd unsure of the ownership of this section (along Niagara River Pkwy - WWM_06025) or if this feeding main (WWM_06033) is active or capped. Valving in the area does not allow for a prove out, without affecting many properties. Engineering noted this additional area of concern, and will attempt to find historic information on these sections of watermain. SEWER MAIN Area Comment/Concern 1 Jepson @ 3rd, 4th & 5th sanitary chambers need renewal 2 Ferguson St sewer liner is failing from Victoria Ave to River Rd Design plans are currently in place - renewal will commence at Victoria and move east. Estimated time for construction start is 2025. 3 Lundy's Lane @ Royal manor 9" sewer main NR has plans for 2025 for this road renewal, as per the Niagara Regions 5-year capital forecast draft document. This work would likely be performed at the same time- as well as renewing watermains in the subdivision behind this area (Strathmore, Royal Manor etc.), which would greatly improve water quality. This project will likely take 5 years to complete. 4 2019 Pipe Tech project Indicated further renewal recommendations This project is now complete, but approximately 20% of the pipes were missed for inspection (due to a variety of challenges and obstacles). These are now being scheduled for inspection, which will likely occur in 2024. Renewal strategies and associated timelines will likely be developed following a fulsome review once all data has been gathered. STORM MAIN Area Comment/Concern 1 North St catchbasin install to reduce road flooding There has been funding to go ahead in developing a CSO Management Strategy which will greatly aid in priority sequencing this large scale project. On a similar note, there will also be a condition assessment performed on all storm ponds and with this a clean out schedule/process will be developed. This project likely deferred until after the new south end hospital has been built and is active. 2 combined sewers throughout City to be removed 3 2019 GM BluePlan I & I Study would indicated further renewal recommendations See Notes regarding Pipe Tech project in "Sewer Main" section, above 80Page 117 of 124Page 561 of 769 CITY OF NIAGARA FALLS DISTRIBUTION SYSTEM OPERATIONAL PLAN REVISION 8: SUMMARY OF CHANGES: FEBRUARY 2024 • S. 3.0: Commitment and Endorsement – official endorsement date of March 21, 2023, was added. • S. 6.1: General – Existing processes and procedures which ensure good water quality and chlorine residuals were added to this section, including the City’s hydrant flushing program and several standard operating procedures which speak to system performance and maintenance. • S. 6.2: Niagara Falls Water Treatment Plan (WTP) – typo in this section was corrected (ultra- violent was changed to ultra-violet disinfection). • S. 6.3: Niagara Falls WTP Source Water: Table 6-1 was updated to reflect 2023 raw water data (including max., min. and averages of turbidity, pH, and temperature). • S. 6.4: Niagara falls DWS – total number of assets for water meters, fire hydrants and valves were updated to reflect system data for February 2024. Also, percentage of watermains with specific material types and total length of watermain also updated in this section. • S. 8.0: Risk Assessment Outcomes – date of latest risk assessment was removed in this section, and replaced by the more generic statement that risk assessments are performed every calendar year. This generalization was recommended by the City’s internal auditor, in keeping with the requirements of the DWQMS Standard 81 Page 118 of 124 Page 562 of 769 Standard of care, municipal drinking water system 19. (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19 (5). Page 119 of 124 Page 563 of 769 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2023 Annual Drinking Water Report Page 1 of 5 OPTIONAL ANNUAL REPORT TEMPLATE Drinking-Water System Number: 260002304 Drinking-Water System Name: City of Niagara Falls Distribution System Drinking-Water System Owner: The Corporation of the City of Niagara Falls Drinking-Water System Category: Large Municipal Period being reported: Jan 1, 2023 – Dec 31, 2023 Complete if your Category is Large Municipal Residential or Small Municipal Residential Does your Drinking-Water System serve more than 10,000 people? Yes [X] No [ ] Is your annual report available to the public at no charge on a web site on the Internet? Yes [X] No [ ] Location where Summary Report required under O. Reg. 170/03 Schedule 22 will be available for inspection. Complete for all other Categories. Number of Designated Facilities served: Did you provide a copy of your annual report to all Designated Facilities you serve? Yes [ ] No [ ] Number of Interested Authorities you report to: Did you provide a copy of your annual report to all Interested Authorities you report to for each Designated Facility? Yes [ ] No [ ] Note: For the following tables below, additional rows or columns may be added, or an appendix may be attached to the report List all Drinking-Water Systems (if any), which receive all of their drinking water from your system: Drinking Water System Name Drinking Water System Number Port Robinson 260049582 Bevan Heights Drinking Water System 260062452 Did you provide a copy of your annual report to all Drinking-Water System owners that are connected to you and to whom you provide all of its drinking water? Yes [X] No [ ] 3200 Stanley Ave Niagara Falls, Ontario L2E 6S4 Phone: 905-356-7521 Fax: 905-353-8612 Page 120 of 124 Page 564 of 769 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2023 Annual Drinking Water Report Page 2 of 5 Indicate how you notified system users that your annual report is available and is free of charge. [X] Public access/notice via the web [X] Public access/notice via Government Office [ ] Public access/notice via a newspaper [X] Public access/notice via Public Request [ ] Public access/notice via a Public Library [X] Public access/notice via other method Ad placed in newspaper same time as annual hydrant flushing notification. Describe your Drinking-Water System The City of Niagara Falls purchases treated water from the Regional Municipality of Niagara. Surface water from Lake Erie is at the Region’s Niagara Falls Treatment Plant. Treatment consists of pre-chlorinated, conventional screening, coagulation, flocculation and settling followed by filtration, UV treatment and post chlorination. Treated water is distributed by the City of Niagara Falls through approximately 490 km of watermains ranging in size from 25mm to 600mm. Niagara Falls is connected to the Niagara-on-the-Lake distribution system via a 300mm watermain, located on Mewburn Rd, and the entrance to Bevan Heights. List all water treatment chemicals used over this reporting period. N/A Were any significant expenses incurred to? [ ] Install required equipment [ ] Repair required equipment [X] Replace required equipment Please provide a brief description and a breakdown of monetary expenses incurred. In 2023, approximately 4 km of watermain was installed at a cost of approximately $4,517,888.66 Provide details on the notices submitted in accordance with subsection 18(1) of the Safe Drinking-Water Act or section 16-4 of Schedule 16 of O.Reg.170/03 and reported to Spills Action Centre Incident Date Parameter Result Unit of Measure Corrective Action Corrective Action Date 05/09/2023 Total Coliform 1 CFU/100 mL Flush and re- sample 05/12/2023 11/20/2023 Total Coliform 1 CFU/100 mL Flush and resample 11/24/2023 Page 121 of 124 Page 565 of 769 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2023 Annual Drinking Water Report Page 3 of 5 Microbiological testing done under the Schedule 10, 11 or 12 of Regulation 170/03, during this reporting period. Number of Samples Range of E.Coli Or Fecal Results (min #)-(max #) Range of Total Coliform Results (min #)-(max #) Number of HPC Samples Range of HPC Results (min #)-(max #) Raw Treated Distribution 1404 0 0 - 1 1404 0 - >300 Operational testing done under Schedule 7, 8 or 9 of Regulation 170/03 during the period covered by this Annual Report. Number of Grab Samples Range of Results (min #)-(max #) Turbidity Chlorine 1613 0.20 -1.51 Fluoride (If the DWS provides fluoridation) NOTE: Record the unit of measure if it is not milligrams per litre. Summary of additional testing and sampling carried out in accordance with the requirement of an approval, order or other legal instrument. Date of legal instrument issued Parameter Date Sampled Result Unit of Measure N/A N/A N/A N/A N/A Summary of Inorganic parameters tested during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Antimony Arsenic Barium Boron Cadmium Chromium *Lead Mercury Selenium Sodium Uranium Fluoride Nitrite NOTE: For continuous monitors use 8760 as the number of samples. Page 122 of 124 Page 566 of 769 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2023 Annual Drinking Water Report Page 4 of 5 *only for drinking water systems testing under Schedule 15.2; this includes large municipal non- residential systems, small municipal non-residential systems, non-municipal seasonal residential systems, large non-municipal non-residential systems, and small non-municipal non-residential systems Summary of lead testing under Schedule 15.1 during this reporting period (applicable to the following drinking water systems; large municipal residential systems, small municipal residential systems, and non-municipal year-round residential systems) Location Type Number of Samples Range of Lead Results (min#) – (max #) Number of Exceedances Plumbing 45 0.00003 – 0.00180 mg/L 0 Distribution 14 0.00002 – 0.00059 mg/L 0 Summary of Organic parameters sampled during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Alachlor Aldicarb Aldrin + Dieldrin Atrazine + N-dealkylated metobolites Azinphos-methyl Bendiocarb Benzene Benzo(a)pyrene Bromoxynil Carbaryl Carbofuran Carbon Tetrachloride Chlordane (Total) Chlorpyrifos Cyanazine Diazinon Dicamba 1,2-Dichlorobenzene 1,4-Dichlorobenzene Dichlorodiphenyltrichloroethane (DDT) + metabolites 1,2-Dichloroethane 1,1-Dichloroethylene (vinylidene chloride) Dichloromethane 2-4 Dichlorophenol 2,4-Dichlorophenoxy acetic acid (2,4-D) Diclofop-methyl Page 123 of 124 Page 567 of 769 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2023 Annual Drinking Water Report Page 5 of 5 Dimethoate Dinoseb Diquat Diuron Glyphosate HAA (NOTE: showing latest annual average) Jan 2023 - Dec 2023 9.08 μg/L 0 Heptachlor + Heptachlor Epoxide Lindane (Total) Malathion Methoxychlor Metolachlor Metribuzin Monochlorobenzene Paraquat Parathion Pentachlorophenol Phorate Picloram Polychlorinated Biphenyls(PCB) Prometryne Simazine THM (NOTE: showing latest annual average) Jan 2023 - Dec 2023 33.50 μg/L 0 Temephos Terbufos Tetrachloroethylene 2,3,4,6-Tetrachlorophenol Triallate Trichloroethylene 2,4,6-Trichlorophenol 2,4,5-Trichlorophenoxy acetic acid (2,4,5-T) Trifluralin Vinyl Chloride List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed in Schedule 2 of Ontario Drinking Water Quality Standards. Parameter Result Value Unit of Measure Date of Sample Page 124 of 124 Page 568 of 769 MW-2024-14 Report Report to: Mayor and Council Date: March 19, 2024 Title: Ferry Street Reconstruction Tender Award City Contract No. 2024-495-19 Recommendation(s) 1. That Council award Request for Tender 2024-495-19 Ferry Street Reconstruction to the lowest compliant bidder, Provincial Construction (Niagara Falls) Ltd at the bid price of $3,374,971.80 excluding HST; 2. And that Council approve a Single Source procurement with CIMA Canada Inc. in the amount of $224,120.00 excluding HST for contract administration and inspection services for the Ferry Street Reconstruction project in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04; 3. And that Council accept the proposed funding contribution from the Victoria Centre BIA, capped at an upset limit of $300,000.00; 4. And that Council approve a 2024 Capital Budget Amendment for project R119-19 in the amount of $500,000, $200,000 funded by OCIF and $300,000 from the Victoria Centre BIA; 5. And that the Mayor and City Clerk be authorized to execute the necessary contract documents. Executive Summary The Ferry Street Reconstruction project is the second implementation phase of five proposed phases of road reconstruction and streetscaping originally identified in the Victoria Centre Streetscape Master Plan. This phase includes full road reconstruction including new storm and sanitary sewers, watermains, modern accessibility features, and decorative streetscape finishes on Ferry Street from Stanley Avenue to Clark Avenue/Ellen Avenue. The Victoria Centre BIA has offered to contribute financially to the project to an upset limit of $300,000. This funding is intended to cover some of the added costs for decorative features in this phase of the project. Staff recommends accepting the funding proposal. There is a projected funding shortfall of $500,000 for the Ferry Street Reconstruction project. This includes the decorative features, which the Victoria Centre BIA has offered to contribute up to $300,000 for. Staff recommends allocating the additional $200,000 from OCIF to cover the shortfall. Page 1 of 6 Page 569 of 769 Background The Victoria Centre Streetscape Master Plan was completed in 2014 as a joint effort between Municipal Works Staff and the Victoria Centre BIA (VCBIA). The Master Plan identified five separate phases of proposed streetscape improvements. In January of 2016, City Council elected to move forward with the Victoria Centre Streetscape projects and accept a proposed funding offer from the VCBIA that provided contributions for the first phase, which was split into two sub-phases for construction purposes. The funding amount was based on 50% of the costs attributable to the enhanced City typical a part be of would otherwise that items decorative not infrastructure project. The total upset limit of funding provided by the VCBIA for the initial phases was $300,000 per phase, resulting in an overall total of $600,000. This external funding commitment did not include future projects beyond sub-phases one and two. Between 2016 and 2018, construction on sub-phases one and two were completed. These phases implemented numerous enhancements including: decorative elements, modern the of replacement and improvements, intersection features, accessibility underground services on Victoria Avenue from the Highway 420 Off-Ramp to Clark Avenue/Ellen Avenue. This next phase will apply the same scope of work and aesthetic design elements implemented in previous phases to the segment of Ferry Street from Stanley Avenue to Clark Avenue/Ellen Avenue. During planning and design, existing underground infrastructure on Buchanan Avenue from Ferry Street to Spring Street was identified as redundant. As part of this project, redundant infrastructure will be decommissioned and a new local storm sewer system will be added on Buchanan Avenue. Decommissioning aging infrastructure that's not servicing residents or businesses reduces operating and maintenance costs for the city. Analysis In order to maintain continuity in design and aesthetics, and take advantage of previous knowledge and experience, City Staff retained the services of CIMA+, OMC Landscape Architects, Street Ferry the for design prepare the to Moon-Matz and detailed Reconstruction project. These same firms worked on past phases of this project. Many businesses in this area are dependent on the tourist season, which peaks during the summer months of July and August. To minimize the impact to the tourist industry and local businesses, the project has been staged into two construction periods with specific timelines for completion of all construction work. The intent of the staging plan is to complete work outside of the busiest months of the tourist season. Page 2 of 6 Page 570 of 769 Staff consulted with the VCBIA on the proposed staging plans and they are in agreement with separating the project into two construction periods as follows: Stage 1: April 23rd, 2024 to June 28th, 2024 Stage 2: September 3rd, 2024 to November 29th, 2024 In accordance with the staging plan, no construction work will be permitted from June 29th through September 2nd 2024. During this time, Ferry Street will be fully re-opened with restored access to all properties and businesses. Disturbed areas of the roadway and sidewalk will be temporarily restored with hot-mix asphalt pavement. Municipal Works and Procurement Staff worked together to prepare and execute a detailed pre-qualification process for general contractors (RFSQ37-2023). The process required those firms interested in submitting a bid as a general contractor to provide details demonstrating their experience with past projects of similar size, scope and complexity, references and detailed information relating to their financials, qualifications of key staff members, and WSIB ratings. The process was completed in December 2023. Six pre-qualification submissions were received from general contractors and five met the criteria to become pre-qualified to bid on this project. The following is a list of pre-qualified bidders for this project:  Provincial Construction Limited  Walker Construction Ltd.  Peter’s Excavating, Inc.  Clearway Construction, Inc.  Rankin Construction, Inc. The bidding process was completed in accordance with the City’s Procurement By-Law No. 2021-04 with a closing date of Friday, March 8th, 2024. The lowest compliant bid was of amount the in Ltd (Niagara Construction Provincial by submitted Falls) $3,374,971.80 excluding HST and is being recommended for award. It is recommended that Council approve a single source procurement for construction administration and inspection services from the civil design consultant, CIMA+, in order leverage their years of experience with this project. CIMA+ successfully performed these services during the construction of the first two sub-phases of the Victoria Centre Streetscape Revitalization projects. The total cost of their services for the entire project is estimated to be approximately $224,120.00. Financial Implications/Budget Impact Funding for the Ferry Street Reconstruction project was approved in the 2019 and 2023 capital budgets. Taking into consideration current commitments, there is approximately $3,400,000 available in the capital account for this project (R119-19). The following is a summary of anticipated project expenses: Construction Contract $3,374,971.80 Page 3 of 6 Page 571 of 769 Contract Administration & General Site Inspection $224,120.00 Electrical Inspection & Review $40,000.00 Streetscape Inspection & Review $15,000.00 Geotechnical & Environmental Testing $50,000.00 non-recoverable HST (1.76%) $65,192.02 Contingency (estimate) $130,716.18 Total $3,900,000.00 Similar to previous phases, the VCBIA has offered to contribute 50% of the costs for the decorative enhancements on the project including street lighting, street furniture, and coloured concrete. Attached is a letter (see Attachment No. 2) outlining their proposed funding commitment to an upset limit of $300,000. It is recommended to accept the VCBIA’s proposed contribution to this project. The currently available capital funding (~$3,400,000), plus the VCBIA's contribution ($300,000) results in a combined total of approximately $3,700,000 for the Ferry Street Reconstruction Project. Therefore, there is a remaining projected funding shortfall of approximately $200,000. Staff is recommending that the additional $200,000 be funded by OCIF, in order to award the tender and complete the work on schedule. Strategic/Departmental Alignment Implementation of this capital project meets the intent of Council’s Strategic Priority to establish infrastructure sustainability within the City. List of Attachments Attachment #1 - Location Map Attachment #2 - VCBIA Funding Letter Written by: Eric Lallouet, Senior Project Manager/Construction Submitted by: Status: Jason Burgess, CAO Approved - 12 Mar 2024 Page 4 of 6 Page 572 of 769 Location Map Print Date:© City of Niagara Falls 3/4/2024 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 5 of 6 Page 573 of 769 Page 6 of 6 Page 574 of 769 MW-2024-15 Report Report to: Mayor and Council Date: March 19, 2024 Title: Special Event Parking Rates and Fines Recommendation(s) That Staff Report MW-2024-15, Special Event Parking Rates and Fines be received as information; AND THAT Council approve the associated parking related by-law amendments on tonight’s Council agenda and that these amendments be given a first, second, and third reading, by-law the execute to authorized be Mayor and the that and Clerk amendments. AND THAT Council approve and provide delegated authority to the Chief Administrative Officer and/or their designate to modify and approve the parking rates and designating a day as “event” parking as appropriate within the minimum and maximum ranges as recommended in this report. Executive Summary The City’s Parking Services Division manages public parking operations, permitting, and enforcement activities on city roadways and within off-street municipal parking lots. Parking Services operates a self-funded budget, meaning that its operational and capital expenses should be self-sustaining and funded from its own source revenues and not reliant on the tax levy. Increases and optimization of parking revenues and fines ensures adherence to the bylaws, financial sustainability goals, maintenance requirements, and future capital needs of the parking system are met. In order to remain competitive in the parking market, council passed bylaws 2017-157 and 2017-159 to allow for more operational flexibility within the approved dynamic rate bylaws which sets the permitted minimum and maximum rates prescribed in the those bylaws revenue and competitive, responsive, demands to rates the ensure are opportunities are maximized. Lastly, as the cost of parking increases so should the rate of penalty fees to maintain that a fine serves as a deterrent to illegal parking and address public safety concerns. Background Page 1 of 3 Page 575 of 769 The City’s Parking Services Division manages public parking operations, permitting, and enforcement activities on city roadways and within off-street municipal parking lots. Within the tourism areas, off-street parking lots are managed by both public (city), and private operators, with the cost to park fluctuating based on seasonal demands and large-scale special events; such as the upcoming Solar Eclipse on April 8th, 2024. In order to remain competitive in the parking market, staff have reviewed the rate structure within By-Law 2017-157 and 2017-159 and concluded that more operational flexibility is required in the minimum and maximum rates prescribed in the bylaw to ensure the rates are demands responsive, competitive, and revenue opportunities are maximized. Changes to bylaws 89-2000, 96-50 and 2014-65 are to regulate enforcement needs for events. It is important to note that Parking Services operates a self-funded budget, meaning that its operational and capital expenses should be self-sustaining and funded from its own source revenues and not reliant on the tax levy. Increases and optimization of parking revenues and fines ensures the financial sustainability, maintenance requirements, and future capital needs of the parking system are met. Lastly, as the cost of parking increases so should the rate of penalty fees to maintain that a fine serves as a deterrent to illegal parking and address public safety concerns. It is also noted with the increase cost and demand for parking that motorists will take their chances to park illegally and get a lower fine ticket that they pay or dispute later than pay higher amount for special event parking or hotel parking rates when visiting Niagara Falls. With the standard increase in paid parking rates and parking supply and demand; it is recommended that parking fines increase to better reflect the industry changes. Analysis Parking rates and fines should be reviewed regularly to determine cost effectiveness, supply and demand needs and municipal best practices. Therefore, staff are recommending that the maximum parking rates for hourly, daily, and event prescribed in By-law 2017-157 Schedule B, and By-law 2017-159, Schedule G be increased to $20.00, $50.00, and $100.00 respectively. This will allow staff to be responsive and competitive to market conditions while ensuring revenue opportunities are maximized. While these new maximum rates provide staff flexibility in selecting the most appropriate rate to meet demands, it is not anticipated that typical parking costs will increase significantly, rather only on select special events/day, such as: Canada Day, New Years Eve, and one-off events like the Solar Eclipse. To ensure the recommended rates are appropriate, staff are recommending that the Chief Administrative Officer and/or their designate be provided Council Delegated Authority to approve staffs recommendations to deem “events” and the event rate as appropriate. As discussed above, as the cost of parking increases so should the rate of penalty fees to maintain that a fine serves as a deterrent to illegal parking and address public safety concerns; therefore, staff are also recommending adding a new penalties to bylaw 2014-65, Schedules A and Schedules B for an "Event" based fine of $75.00 as well as a larger "Major City Event" fine of $125.00. Page 2 of 3 Page 576 of 769 Financial Implications/Budget Impact Increase in the rates and fines result in additional revenue in the parking budget to ensure financial the ensures to self-funded division as mandate its follows it a sustainability, maintenance requirements, and future capital needs of the parking system are met. Strategic/Departmental Alignment Provide a convenient, cost effective and customer friendly parking system based on the User Pay Philosophy. Written by: Paul Brown, Manager of Parking Services Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Jason Burgess, CAO Approved - 15 Mar 2024 Page 3 of 3 Page 577 of 769 PBD-2024-10 Report Report to: Mayor and Council Date: March 19, 2024 Title: AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling Applicant: Kevin Dilts Agent: Mike Sullivan (LandPro Planning Solutions Inc.) Recommendation(s) 1. That Council receive Report No. PBD-2024-10 for information purposes. 2. That Council reconsider Report No. PBD-2023-41 and recommend refusal of Zoning By-law Amendment application AM-2022-017. Executive Summary This Report is presented to Council for information purposes only and is intended to provide supplemental information in relation to Report No. PBD-2023-041, attached to this report as Appendix 4,, which was deferred by Council on July 11th, 2023. Following a site visit and a review of the new and resubmitted materials, Regional Staff maintain the opinion that the natural heritage policies of the Growth Plan apply, which prohibit development Features, Heritage Natural Key within and site or / Key alteration Hydrologic Features and their corresponding Vegetation Protection Zones. Furthermore, City Staff are of the opinion that the proposal does not conform with the 2014 Regional Official Plan and the City’s Official Plan as the test of no negative impact (as assessed by Niagara Region) has not been achieved or justified. For this reason, City Staff recommend that Council reconsiders Report No. PBD-2023-41, which recommends refusal of Zoning By-law Amendment application AM-2022-017. Background Kevin Dilts has requested a Zoning By-law Amendment for a parcel of land on the west side of Montrose Road, south of Koabel Road. The application proposes to rezone a portion of the property from Public & Private Open Space District (O2) zone to Rural Agricultural (RA) zone to permit the construction of a detached dwelling. Page 1 of 26 Page 578 of 769 A Public Meeting and Recommendation Report were scheduled for the July 11th, 2023 City Council meeting for the purpose of considering a Zoning By-law Amendment application. The purpose of the application is to rezone a parcel of land from Open Space Zone to Rural Agriculture Zone in accordance with Zoning By-law No. 1538 (1958) to permit the construction of a detached dwelling. The Public Meeting was held, however, Council deferred consideration of the Recommendation Report until the August 15th, 2023 Council meeting. The intent of this deferral was to allow for further review and discussion with Regional Staff with respect to their concerns regarding the natural heritage features on and adjacent to the subject property. City Staff provided a memorandum to Council on August 8th, 2023, advising that additional time was required to coordinate a site visit for the purpose of addressing Council’s deferral. City Staff and Regional Environmental Planning Staff visited the subject property on September 19th, 2023 with the applicant’s biologist and agent / planner. An image of the lands that are subject to the proposed residential development are provided in Schedule 1 for review. The agent commissioned Beacon Environmental to complete a peer review of the Environmental Impact Study Addendum. The peer review, dated September 18th, 2023, is attached hereto as Appendix 1. City Staff note that completion of the peer review was not a request of City Council or Staff. Rather, the applicant independently elected to commission the peer review, which deviates from the City’s typical process. Staff note that in instances where third-party peer reviews are requested by City Council or Staff, it is Staffs’ practice to oversee the commissioning of the peer review to ensure that an objective evaluation is obtained. The agent provided a letter to City Staff, dated December 1st, 2023 and attached hereto as Appendix 2, detailing their professional opinion with respect to the application following the site visit and peer review. The agent is of the opinion that the Growth Plan policies do not apply to the woodland on the property, and that the Zoning By-law Amendment application should be approved by Council. Staff circulated the Environmental Impact Study and Addendum, the agent’s letter, and the peer review to Regional Environmental Planning Staff on December 28th, 2023 for their review and consideration. City Staff received comments in response to this circulation on January 16th, 2024, which are appended hereto as Appendix 3. In accordance with the Memorandum of Understanding for Planning Function and Services between the Niagara Region and the City of Niagara Falls, City Staff rely on the expertise of Regional Environmental Planning Staff with respect to the review of Environmental Impacts Studies / related technical studies, and the interpretation and application of Provincial and Regional natural heritage policies. Analysis Regional Staff confirm that the site is fully vegetated, as demonstrated in the image contained in Schedule 1. Historical aerial imagery indicates that the woodland within the Page 2 of 26 Page 579 of 769 portion of the property where residential development is proposed is approximately 100 years old. This woodland meets the criteria of a Significant Woodland in accordance with the 2014 Regional Official Plan. Further, the lands are impacted by the Tee Creek Provincially Significant Wetland Complex and an Important (Type 2) Fish Habitat. Following a review of the new and resubmitted materials, Regional Staff maintain the opinion that the entirety of the property (exclusive of 0.03 acres located in the southeast corner of the property) is mapped as part of the Growth Plan (2019) Provincial Natural Heritage System. As such, the Significant Woodland, Provincially Significant Wetland, and Fish Habitat are designated Key Natural Heritage Features and Key Hydrologic Features under the Growth Plan and are subject to its natural heritage policies. Growth Plan policies require the establishment of a minimum 30 m Vegetation Protection Zone, as measured from the outside boundary of the Key Natural Heritage Features and Key Hydrologic Features. Development and / or site alteration is not permitted within Key Natural Heritage Features, Key Hydrologic Features, or within their corresponding Vegetation Protection Zones. Furthermore, Regional Staff maintain the position that the test of no negative impact to the natural heritage feature has not been achieved or justified, nor is it likely to be achieved based on the scope, nature and location of the proposed development. The proposed development would result in the fragmentation of a mature woodland, which is likely to impact the ecological functioning of the natural heritage system. Policy 7.B.1.11 of the 2014 Regional Official Plan states that development and site alteration may be permitted in Environmental Conservation Areas or on lands adjacent to Environmental Protection and Environmental Conservation Areas if it has been demonstrated that, over the long term, there will be no significant negative impact on the Core Natural Heritage System. Further, policy 13.37.1.2 (2) (f) of the City’s Official Plan states that any development a metres 120 within parcel of testamentary a on proposed devise be Provincially Significant Wetland complex, or significant woodlot boundary, will required to complete an Environmental Impact Study to ensure that development will not impact natural heritage features and their functions. As the test of no negative impact has not been achieved or justified, City Staff are of the opinion that the proposal does not conform with the 2014 Regional Official Plan and the City’s Official Plan, and therefore continue to recommend denial of the application. Operational Implications and Risk Analysis N/A Financial Implications/Budget Impact N/A Strategic/Departmental Alignment Page 3 of 26 Page 580 of 769 N/A List of Attachments Schedule 1 Appendix 1 Appendix 2 Appendix 3 Appendix 4 - Staff Report PBD-2023-041 Written by: Mackenzie Ceci, Senior Planner (Current Development) Submitted by: Status: Andrew Bryce, Director of Planning Approved - 14 Mar 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 14 Mar 2024 Jason Burgess, CAO Approved - 15 Mar 2024 Page 4 of 26 Page 581 of 769 Schedule 1 Site Visit Images Page 5 of 26 Page 582 of 769 G UIDING S OLUTIONS IN THE N ATURAL E NVIRONMENT MARKHAM 144 Main St. North, Suite 206 Markham, ON L3P 5T3 T)905.201.7622❖F)905.201.0639 BRACEBRIDGE 126 Kimberley Avenue Bracebridge, ON P1L 1 Z9 T)705.645.1050❖F)705.645.6639 GUELPH 373 Woolwich Street Guelph, ON N1H 3W4 T)519.826.0419❖F)519.826.9306 PETERBOROUGH 305 Reid Street Peterborough, ON K9J 3R2 T) 705.243.7251 OTTAWA (Soteira Solutions) 470 Somerset Street West Ottawa, ON K1R 5J8 T) 613.238.3232 September 18, 2023 Michael Sullivan, RPP, MCIP, EP President, LandPro Planning Solutions Inc. 403-110 James Street St. Catharines, ON L2R 7E8 Re: Request for Natural Heritage Review Proposed Residential Development Montrose Road (ARN: 27514000108450) City of Niagara Falls Dear Mr. Sullivan: As requested, I have conducted a review of the January 7, 2023, EIS Addendum prepared by Ecological & Environmental Solutions (EES) and conducted a site survey of the subject lands on August 15, 2023. The EIS Addendum was submitted to address the Niagara R egion planning departments comment that based on the mapping and polices of the Provincial Growth Plan (PGP) for the Greater Golden Horseshoe for Key Natural Heritage Features (KNHF) and Key Hydrological Features KHF) that there are no lands within the subject property that are developable. The following provides my opinion on this comment. As background the following information has been provided by E ES. • A pre-consultation meeting was held November 18, 2021 via virtual meeting. • EES prepared a Terms of Reference to conduct an EIS which was submitted on March 11, 2022, and received sign off from the Niagara Region on March 16, 2022 and from the Niagara Peninsula Conservation Authority (NPCA) on March 23, 2022. • The boundary of the Tea Creek Provincially Significant Wetland (PSW) was revised as part the EIS and was submitted to the Ministry of Natural Resources and Forest (MNRF) who approved the revised mapping in November 2021. • The completed EIS was submitted with the development application in October 2022. • The 2023 EIS Addendum was based on a revised site plan which reduced the development footprint resulting in no interference within the 30 m PSW buffer or the PGP required 30 m Vegetation Protection Zone (VPZ). Based on the above, the applicable natural heritage development polices are detailed in Section 4 of the 2020 PGP, Section 7 of the Niagara Region 2014 Official Plan, Sections 8 and 9 of the Niagara Peninsula Conservation Authority (NPCA) 2018 Land Use Policy Document, and the MNRF 2021 approved revised boundary for the Tea Creek PSW. Appendix 1 Peer Reivew Page 6 of 26 Page 583 of 769 September 18, 2023 Page 2 The 30 m buffer to the PSW is in conformity with NPCA development Policy 8.2.3.1 and the 30 m VPZ is in conformity with PGP Policy 4.2.4 (1). For the subject lands the current PGP mapping of KNHF/KHF includes the Tea Creek, the Tea Creek PSW, and the 30 m VPZ to the boundary of the PSW, but not the woodlands to the south of the VPZ where development is proposed, therefor the PGP development policies for these adjacent woodlands do not apply. The woodlands that would be removed as a result of the development meet the Niagara Region criteria for Significant Woodland as detailed in Policy 7.B.1.5, and therefore the woodlands represent Environmental Conservation Area (ECA) as detailed in Policy 7.B.1.4. Region Policy 7.B.1.11 states that development may be permitted in ECA and the adjacent lands if supported by the findings of an EIS. As detailed in the EES Addendum, for the ECA Significant Woodlands, the removal of the 0.075 ha of woodland as result of the development represents only 0.1% of the ECA total area. Based on the site visit, the woodland composition in the development footprint is typical of the whole of the ECA, however, it is noted that there are few large diameter trees present indicating that the forest edge is of a younger age. The EIS has established that the area to be removed does not support specific significant natural heritage features, such as rare vegetation, old growth, or the occurrence of Endangered or Threatened species . With respect to significant function, the area to be removed provides general habitat for two woodland bird species that are listed as Special Concern, the Eastern Wood-pewee and Wood Thrush. The 30 m wetland buffer/VPZ is well vegetated by woodland and will provide an effective protective physical barrier to the creek and PSW as well as provide an upland function zone to the PSW. Region Policy 7.B.1.11 states that development may be permitted in ECA and the adjacent lands if it has been demonstrated that, over the long term, there will be no significant negative impact on the Core Natural Heritage System component. This is a permissive policy that allows for development to remove and/or alter a portion of an ECA, or its adjacent lands, provided that there is no long term significant negative impact as determined by an EIS. In the Region 2014 OP Section 15 Definitions, Significant Negative Impact means: a) In regard to the Core Natural Heritage System, degradation that threatens the health and integrity of the natural features or ecological functions of the Core Natural Heritage System Component due to single, multiple or successive development or site alteration activities. The 2020 Provincial Policy Statement provides the same definition for no negative impacts to Significant Woodlands. The EIS concluded that the removal of 0.15 ha of upland forest and wildlife habitat would not result in a significant negative impact to the ECA forest or its ecological functions, such as providing breeding habitat for two Special Concern woodland birds. The EES 2023 Addendum addressed a revised plan that would only result in the removal of the 0.075 ha of woodland, representing only 0.1% of the ECA total 75 ha area. Post development, functional breeding habitat for the two Special Concern bird species will be retained as well as interior woodland wildlife habitat functions. In addition, the development as proposed will maintain a functional VPZ to the PSW and Tea Creek. Therefore, it is my opinion that proposed revised development as detailed in the EES 2023 EIS Addendum does meet the test that there will be no long term significant negative impact on Core Natural Heritage System Components, the ECA Significant Woodland, Tea Creek PSW and Tea Creek. Appendix 1 Peer Reivew Page 7 of 26 Page 584 of 769 September 18, 2023 Page 3 Based on the above, it is my opinion that the Region comment that there is no developable land based on the applicable natural heritage polices is not supported. The proposed residential development as detailed in the EES 2023 EIS Addendum is in conformity with the natural heritage development polices of the PGP, the Niagara Region, and NPCA. Should you have any questions or points for discussion, please do not hesitat e to contact the undersigned at 416-729-0544. Yours truly, Beacon Environmental Ron Huizer, B. Sc. (Honours) Appendix 1 Peer Reivew Page 8 of 26 Page 585 of 769 1 | Page LandPro Planning Solutions Inc. 110 James St., Suite 204 28 Colborne St. N. St. Catharines, ON L2R 7E8 Simcoe, ON, N3Y 3T9 December 1, 2023 Mr. Scott Turnbull, Planner City of Niagara Falls Planning Department RE: AM-2022-017 – Montrose Road Proposed Zoning By-law Amendment Council Request for Additional Opinion This letter is provided to the City, in direct response to Council’s request for an additional professional opinion on the suitability of the subject property to be re-zoned, in part, to permit the construction of a private residence. Collectively, we have taken significant time to address Regional and City concerns regarding file AM-2022-017. 1 BACKGROUND This project began in 2021 and was formally accepted by the City as complete in 2022. Thus it is governed by the Niagara Region Official Plan, dated 2015. At issue, and the reason for the Addendum, relates to the Region’s position on natural heritage policies related to this application. To the Region’s credit, they have maintained that they cannot support this application from the original Pre- Consultation. Unfortunately, the Region is unwilling to even soften its position, which has led us to this point. At the public meeting for this application, Council directed the applicant to undertake a site visit, ideally with a 3rd party biologist, in an attempt to resolve our differences of opinion on the ability of the subject property to accommodate a single dwelling. This meeting was held on September 19, 2023, with the Region, City and applicant’s biologist and planner in attendance. It was clear during this meeting that a resolution was not possible. At the core of this matter is the role of the Growth Plan for the Greater Golden Horseshoe (2019), specifically related to the natural heritage policies in the Niagara Region Official Plan, approved in 2015. Note that the 2022 Niagara Region Official Plan does not apply to this project, as the application was made prior to its approval. 2 THE ISSUE It is the Region’s position that the natural heritage policies of the Growth Plan for the Greater Golden Horseshoe (Growth Plan, 2019) apply to this property, rather than those of the Niagara Region Official Plan (NROP). It is our understanding that the Region’s rationale is that the Growth Plan is provincial policy and that the NROP policies do not conform to the Growth Plan. As a result, the Growth Plan policies are taken as correct. Appendix 2 Letter from Agent Page 9 of 26 Page 586 of 769 2 | Page LandPro does not entirely agree with this position and will demonstrate what we believe to be incorrect interpretations of both Growth Plan policies and their related NROP policies. Having reviewed both policies in detail, it is our position that, only where a conflict between Growth Plan and NROP policies occur, does the Growth Plan apply. In this instance, we remain of the opinion that this application conforms to both the Growth Plan and NROP policies, which is the present source of conflict between parties. 3 BIOLOGICAL REVIEW 3.1 ECOLOGICAL & ENVIRONMENTAL SOLUTIONS Anne McDonald, B.Sc., EP, a professional biologist, provided an Environmental Impact Study (EIS) that was submitted with the re-zoning application. This EIS Addendum, dated October 27, 2023 and attached to this letter concluded that: • The revised site plan and concluded that the area of disturbance would be reduced by approximately 50% to only 0.075 ha • Cumulative impacts will be low to nil as six other lots within Special Policy Area 37 (City OP) are fully constrained by the Tee Creek PSW and would not support future development because they are subject to the Environmental Protection Area policies of the NROP and City OP. o The subject property contains both EPA and ECA designated lands o EPA lands are not proposed for development • This application will not provide a mechanism for future development application to proceed, as the remaining lands on the subject property are subject to protective natural heritage policies. • The dwelling and septic bed have been designed to be located entirely outside of the mapped Key Natural Heritage Feature (wetland) and its associated 30m Vegetation Protection Zone. • Policies 3.2.3.1 and 4.2.4.1 are, as a result, not applicable to this matter, as the wetland and VPZ is outside of the area proposed for development. • PPS Policies 2.1.5 and NROP (2014) Policy 7.B.1.11 permit development within Significant Woodlands subject to demonstrating “no significant negative impact” to the natural heritage system, which has been accomplished. • This application conforms to all applicable planning policies and meets the Regional test of “no significant impact”, subject to successful implementation of the recommended mitigation EES concludes that the test of “no significant impact” can be achieved. They are also of the opinion that meeting the test of “no negative impact” as per policy 4.2.2..3 a), applies to the key natural heritage feature, being the wetland as opposed to the woodland. It is EES’s opinion that “…the proposed revisions to the site plan reduce the potential for negative impacts to the natural heritage feature and conform with the Regional Official Plan (2014) policies, NPCA Policies (2018) and the Policies of the Provincial Growth Plan (2020).” Appendix 2 Letter from Agent Page 10 of 26 Page 587 of 769 3 | Page 3.2 BEACON ENVIRONMENTAL (3RD PARTY) City of Niagara Falls Council directed staff to have the applicant engage a 3rd party professional biologist on this matter, in order to get an unbiased opinion on the re-zoning application. To this end, Mr. Ron Huizer, Principal of Beacon Environmental was retained by the applicant to provide an opinion on this matter. Ms. Lisa Price was originally identified for this role but was determined to have a conflict of interest so could not be retained. Mr. Huizer is equally qualified. Beacon Environmental provided a “Natural Heritage Review” of the proposed residential development, dated September 18, 2023, a copy of which is attached to this letter. To this end, Beacon undertook the following work: “As background the following information has been provided by EES. • A pre-consultation meeting was held November 18, 2021 via virtual meeting. • EES prepared a Terms of Reference to conduct an EIS which was submitted on March 11, 2022, and received sign off from the Niagara Region on March 16, 2022 and from the Niagara Peninsula Conservation Authority (NPCA) on March 23, 2022. • The boundary of the Tea Creek Provincially Significant Wetland (PSW) was revised as part the EIS and was submitted to the Ministry of Natural Resources and Forest (MNRF) who approved the revised mapping in November 2021. • The completed EIS was submitted with the development application in October 2022. • The 2023 EIS Addendum was based on a revised site plan which reduced the development footprint resulting in no interference within the 30 m PSW buffer or the PGP required 30 m Vegetation Protection Zone (VPZ). Mr. Huizer writes further that: “Based on the above, the applicable natural heritage development polices are detailed in Section 4 of the 2020 PGP, Section 7 of the Niagara Region 2014 Official Plan, Sections 8 and 9 of the Niagara Peninsula Conservation Authority (NPCA) 2018 Land Use Policy Document, and the MNRF 2021 approved revised boundary for the Tea Creek PSW.” Mr. Huizer’s opinion is that: • The 30m buffer to the PSW is in conformity with NPCA development Policy 8.2.3.1 • 30m VPA is in conformity with Growth Plan Policy 4.2.4 (1). • Growth plan mapping of KNHF’s includes Tea Creek PSW and the 30m VPZ, but not the woodlands to the south, where development is proposed. • The Growth Plan development policies for these adjacent woodlands do not apply to this matter • The woodlands that would be removed as a result of the development, meet the NROP criteria for Significant Woodland as detailed in Policy 7.B.1.5 • Therefore the woodlands represent Environmental Conservation Area (ECA) as detailed in Policy 7.B.1.4. • Region Policy 7.B.1.11 states that development may be permitted in ECA and the adjacent lands if supported by the findings of an EIS. o As detailed in the EES Addendum, for the ECA Significant Woodlands, the removal of the 0.075 ha of woodland as result of the development represents only 0.1% of the ECA total area. Appendix 2 Letter from Agent Page 11 of 26 Page 588 of 769 4 | Page o This is a permissive policy that allows for development to remove and/or alter a portion of an ECA, or its adjacent lands, provided that there is no long term significant negative impact as determined by an EIS o In the Region 2014 OP Section 15 Definitions, Significant Negative Impact means: a) In regard to the Core Natural Heritage System, degradation that threatens the health and integrity of the natural features or ecological functions of the Core Natural Heritage System Component due to single, multiple or successive development or site alteration activities o The 2020 Provincial Policy Statement provides the same definition for no negative impacts to Significant Woodlands.  The EIS concluded that the removal of 0.15 ha of upland forest and wildlife habitat would not result in a significant negative impact to the ECA forest or its ecological functions, such as providing breeding habitat for two Special Concern woodland birds. Mr. Huizer provides his opinion, which reads: “In addition, the development as proposed will maintain a functional VPZ to the PSW and Tea Creek. Therefore, it is my opinion that proposed revised development as detailed in the EES 2023 EIS Addendum does meet the test that there will be no long term significant negative impact on Core Natural Heritage System Components, the ECA Significant Woodland, Tea Creek PSW and Tea Creek.” 4 LAND PLANNING ANALYSIS At issue, through consistent discussions with Regional and City staff, is that with the approval of the Growth Plan for the Greater Golden Horseshoe (May 2019), the policies of Section 7 – Natural Environment, in the NROP no longer apply. Having reviewed the Growth Plan policies, we have a difference of opinion on this matter. Section 1.2.2. notes that the Growth Plan came into effect on May 16, 2019. This application was deemed complete by the City of Niagara Falls in 2022, so the Growth Plan policies apply. Relationship with the Provincial Policy Statement (PPS) and Other Provincial Plans is addressed and stated “this Plan prevails where there is a conflict between this Plan and the PPS. The only exception is where the conflict is between policies relating to the natural environment or human health. In that case, the direction that provides more protection to the natural environment…prevails.” The identified conflict is not between the PPS and Growth Plan, but rather between the NROP and Growth Plan. The Region has consistently maintained that, to demonstrate conformity, the policies of the Growth Plan are superior to those of the NROP. This may be true, where a conflict occurs. Based on our review of the NROP policies, there is no clear conflict present. Section 4.2.2 – Natural Heritage System provides policy direction for all natural heritage systems identified by the Growth Plan, in their mapping. We note that this mapping is at a higher level than the NROP mapping, even though the Region appears to rely on this higher level provincial mapping in its assessment of this application. As directed by policy 4.2.2.2, this mapping will be applied as an overlay in official plans, being the NROP. We note that the Tea Creek PSW is identified as a Key Natural Heritage Feature in the Growth Plan, while the woodland is not. Appendix 2 Letter from Agent Page 12 of 26 Page 589 of 769 5 | Page Policy 4.2.3 addresses Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features. Criteria are identified in these policies including being in a settlement area (not), expansions to existing buildings or structures (not), expansions or alterations to existing buildings or structures (not). Policy 4.2.3.2, however does apply to this project as the subject property is outside of settlement areas. However, the woodland on this property is not considered a key hydrologic area, so this policy does not apply in this matter. The criteria does require protection, enhancement and restoration of key natural hydrologic features. As noted, this policy involves hydrologic features, including wetlands, which are being fully protected on this property. Policy 4.2.4. addresses lands adjacent to the PSW. These policies note require that a Natural Heritage Evaluation be completed that identifies a vegetation protection zone, which has been completed and provided for this application. No development is proposed within the PSW or related VPZ, therefore this application meets this policy. Policy 4.2.4.4 notes that a Natural Heritage Evaluation will not be required for development or site alteration where the only key natural heritage features is the habitat of endangered species and threatened species. The EIS addresses this Growth Plan policy and demonstrates that there will be no negative impact to the wetland, being the Key Natural Heritage Feature. Thus, this application meets this Growth Plan policy. It is my opinion that this application meets the policy tests in the Growth Plan. NROP Section 7.B – The Core Natural Heritage System provides policy direction on this matter. Specifically, this section provides policy direction for Environmental Protection Areas (wetland) and for Environmental Conservation Areas (woodlands). Policy 7.B.1.5 specifies the policy criteria to be considered a significant woodland. Mr. Huizer is of the opinion that “The 2020 Provincial Policy Statement provides the same definition for no negative impacts to Significant Woodlands.” He further notes that “The EIS concluded that the removal of 0.15 ha of upland forest and wildlife habitat would not result in a significant negative impact to the ECA forest or its ecological functions, such as providing breeding habitat for two Special Concern woodland birds.” In his opinion, this application meets this NROP policy. Policy 7.B.1.11 provides policy direction when development is considered without an amendment to this plan: “Development and site alteration may be permitted without an amendment to this Plan: a) In Environmental Conservation Areas; and b) On adjacent lands to Environmental Protection and Environmental Conservation Areas as set out in Table 7-1 except for those lands within vegetation protection zones associated with Environmental Protection Areas in the Greenbelt Natural Heritage System. If it has been demonstrated that, over the long term, there will be no significant negative impact on the Core Natural Heritage System component or adjacent lands and the proposed development or site alteration is not prohibited by other Policies in this Plan. The proponent shall be required to prepare an Environmental Impact Study (EIS) in accordance with Policies 7.B.2.1 to 7.B.2.5.” The lands proposed for development are within an ECA, not an EPA, therefore development is permitted, based on the results of the EIS and EIS Addendum, both of which conclude that “no significant impact” can be achieved. Appendix 2 Letter from Agent Page 13 of 26 Page 590 of 769 6 | Page We also note that the NROP provides a policy that, where a site specific EIS is completed, its mapping will be considered superior to the NROP mapping, which is by extension more specific than the Growth Plan. Such has been completed, with the boundaries of the PSW on the property being updated and approved by the Ministry of Natural Resources. Such has occurred on this property. 5 PROFESSIONAL OPINION It is the considered collective opinion of two professional biologists and a Registered Professional Planner that this application conforms to the applicable policies of the Growth Plan and NROP. In particular, it is my professional opinion that the woodland on this property is not identified as a Key Natural Heritage Feature by the Growth Plan and therefore the policies do not apply. Rather, Section 7.B of the NROP applies and, subject to the implementation of the recommended mitigation measures. In closing, this application conforms to the appropriate policies, has provided avoidance level mitigation to the appropriate features, and should be approved by Council. Sincerely, LANDPRO PLANNING SOLUTIONS Inc. Michael Sullivan, M.Pl., MCIP, RPP President | Founder Appendix 2 Letter from Agent Page 14 of 26 Page 591 of 769 From: Boudens, Adam <Adam.Boudens@niagararegion.ca> Sent: Tuesday, January 16, 2024 4:17 PM To: Mackenzie Ceci Cc: Young, Ka&e; Lampman, Cara Subject: RE: Request for Comments - AM-2022-017 - Montrose Road, Parts 7 & 8 Aachments: Montrose Road Sept 19, 2023 Photo 1.jpg; Montrose Road Sept 19, 2023 Photo 3.jpg; Montrose Road Sept 19, 2023 Photo 2.jpg Hi Mackenzie, Thanks for your patience. Regional environmental planning staff have reviewed the following documents recently submitted in support of the Zoning By-law Amendment (ZBA) application associated with the property located on Montrose Road (ARN: 272514000108450), in the City of Niagara Falls: o EIS Addendum – Anne McDonald – dated January 17th, 2023 o Natural Heritage Review – Beacon Environmental – dated September 18th, 2023 o Summary of Site Visit Discussion – Anne McDonald – dated October 27th, 2023 o Response Letter to Council's Request for Additional Opinion - Mike Sullivan – dated December 1st, 2023 Staff confirm that Regional staff members Cara Lampman (Manager, Environmental Planning) and Adam Boudens (Senior Environmental Planner) visited the property on September 19th, 2023 with the applicants agents and City staff. The intent of the site visit was to review the site conditions and discuss the outstanding issues in hopes of reaching a consensus. As noted in previous correspondence, the entirety of the subject property is impacted by the Region’s Core Natural Heritage System (CNHS), consisting of the Tea Creek Provincially Significant Wetland Complex (PSW), Significant Woodland and Important (Type 2) Fish Habitat. The entirety of the property (other than a 0.03 acre area located in the SE corner of the property) is also mapped as part of the Growth Plan (2019) Provincial Natural Heritage System (NHS). As such, these features are considered Key Natural Heritage Features (KNHF) and Key Hydrologic Features (KHF) and the natural heritage policies identified in the Provincial Growth Plan apply accordingly. Growth Plan policies require that a minimum 30 m Vegetation Protection Zone (VPZ), as measured from the outside boundary of a KNHF/KHF, be established as natural self-sustaining vegetation and development and/or site alteration is not permitted within a KNHF/KHF or its VPZ. The subject property is currently vacant and fully vegetated, as confirmed by staff on- site, as such none of the potential Growth Plan policy exemptions apply. Further, based on aerial imagery available to the Region, the woodland within the portion of the property where residential development is proposed was present as early as 1934, resulting in trees that are approximately 100 years old, if not older. Based on staff Appendix 3 Regional Comments Page 15 of 26 Page 592 of 769 review of the previous Environmental Impact Study (EIS) as well as recently submitted EIS Addendum, it continues to be the Region’s position that the test of no negative impact to the feature has not been achieved or justified, and that it is unlikely that no negative impact could be achieved based on the scope, nature and location of what is being proposed. The proposed development would result in the fragmentation of a mature woodland, which is likely to result in impacts to the ecological functioning of the CNHS in this area, including, but not limited to, impacts related to noise, light and the eventual introduction of invasive species, to name a few. The Region notes that the applicant was cautioned at the pre-consultation stage that development and/or site alteration on the subject lands could not be supported if the mapped features were confirmed on site. Pictures taken at the September 19th, 2023 site visit are attached. Pictures were taken in the location where residential development is being proposed. Please let me know if you have any questions or concerns. Thanks, Adam Adam Boudens, MSc Senior Environmental Planner/Ecologist Growth Strategy and Economic Development Niagara Region 1815 Sir Isaac Brock Way, P.O. Box 1042 Thorold, ON L2V 4T7 Phone: 905-980-6000 ext. 3770 Toll-free: 1-800-263-7215 www.niagararegion.ca Appendix 3 Regional Comments Page 16 of 26 Page 593 of 769 PBD-2023-41 Report Report to: Mayor and Council Date: July 11, 2023 Title: AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling. Applicant: Kevin Dilts Agent: Mike Sullivan (LandPro Planning Solutions Inc.) Recommendation(s) 1. That Council not approve the requested Zoning By-law amendment application, as detailed in this report, to rezone the property to a site-specific Rural Agricultural zone to permit the construction of a detached dwelling. Executive Summary Kevin Dilts has applied for a Zoning By-law amendment to rezone a portion of the property from Public & Private Open Space District (O2) to Rural Agricultural (RA) zone, to permit the construction of a detached dwelling on the west side of Montrose Road, south of Koabel Road. Planning staff do not recommend approval of the application for the following reasons: • The subject land is mapped as part of the Growth Plan’s (2020) Provincial Natural Heritage System (“NHS”) and natural features on the site are considered Key Natural Heritage Features (“KNHF”) and Key Hydrologic Features (“KHF”). As such, Provincial, Regional, and City natural heritage policies apply; • The submitted Environmental Impact Study (EIS) and Addendum were reviewed by Niagara Regional Environmental Planning Staff, who comment on behalf of the City and Region, and conclude that they do not demonstrat e that the proposed development will avoid negative impact to the natural heritage system; • Due to the natural heritage features, the proposed Zoning By-law amendment is not consistent with, nor does it conform to Provincial, Regional, and City Policies. Background Kevin Dilts has requested a Zoning By-law amendment for a parcel of land totalling approximately 1.01ha, as shown on Schedule 1. Schedule 2 shows details of the proposed development. Page 1 of 10 Appendix 4 Recommendation Report Page 17 of 26 Page 594 of 769 The subject land is zoned Public & Private Open Space District (O2) zo ne under Zoning By-law 1538, 1958. The applicant is requesting to place a portion of the lands under a site specific Rural Agricultural (RA) zone to permit the construction of a detached dwelling. Site Conditions and Surrounding Land Uses The subject property is a vacant parcel containing natural heritage features including the Tee Creek Provincially Significant Wetland (PSW) in the northern portion of the property and a Regionally Significant Woodland that covers the entirety of the lands. 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 Based on the scope, nature and location of the proposed development, as well as the characterization of the natural features provided in both the EIS and EIS Addendum, the proposal has potential to significantly alter the ecological and hydrological functions of the wetland, woodland, and fish habitat located on the subject lands. As such, the test of no negative impact to the natural heritage system has not been achieved, meaning the proposal does not conform to the Regional Official Plan. Therefore, the proposed Amendment is not consistent with nor conforms to Provincial and Regional policies and cannot be supported by Regional Planning and Development Services Staff; and o Regional staff determined the lands did not appear to offer any developable area due to the extensive presence of natural heritage features. o Regional staff have reviewed the submitted Stage 1-2 Archaeological Assessment and do no require further assessment. Regional staff have not been provided with a Letter of Acknowledgement from the Ministry of Heritage, Sport, Tourism and Cultural Industries (“MHSTCI”). The Letter of Acknowledgement will need to be submitted prior to approval, as a requirement through a Holding (H) provision, should Council decide to approve the application. • NPCA o The revised boundary of the Provincially Significant Wetland was approved by the Ministry of Natural Resources and Forestry (MNRF). Page 2 of 10 Appendix 4 Recommendation Report Page 18 of 26 Page 595 of 769 o The NPCA does not support and cannot permit development and site alteration within the Floodplain of Tee Creek. Septic systems cannot to be located within a flood hazard. o The NPCA requires confirmation that the flood plain limit on the submitted Survey Plan was established using the 100-year regulatory flood elevation of 176.52 metres to satisfy conformity with NPCA Policy. • Building Services o Building Permit fees and development charges will be assessed during Building Permit application review. o The applicant must obtain approvals from applicable agencies including the Niagara Peninsula Conservation Authority (NPCA), and Niagara Region. • Fire Services, GIS Services, Legal Services, Business Development o No objection to the application. • Municipal Works o No objection to the application. o At the time of building permit, the applicant shall submit a grading plan illustrating no adverse impacts to the adjacent properties. • Landscape Services o No objections to the application. • Transportation Services o No objections to the application. Neighbourhood Comments A neighbourhood open house was held on September 26th, 2022, and wa s attended by the applicant and the applicant’s planners. One written comment was received expressing concerns with the placement of the dwelling and whether it would impact the creek that traverses the property and neighbouring properties. The resident also noted that they do not support redesignation or severance of the lands – neither of which are proposed. Page 3 of 10 Appendix 4 Recommendation Report Page 19 of 26 Page 596 of 769 Submitted Reports Environmental Impact Study (2022) and Addendum (2023) The EIS confirmed that the Tee Creek regulated water course traverses the property and has been identified as part of the Tee Creek Provincially Significant Wetland (PSW) Complex and as a Type 2 Important Fish Habitat. The southern boundary of the PSW was verified in the field in accordance with the Ontario Wetland Evaluation System (OWES) for Southern Ontario. Assessment of the boundary confirmed minor changes to the southern PSW boundary which was submitted to the Ministry of Natural Resources and Forestry for review. The Ministry accepted the revisions to the boundary and have updated the provincial mapping to reflect these changes. There is also an NPCA Regulated Floodplain located on the subject lands that is associated with the Tee Creek tributary. The EIS confirms that the full extent of the wooded area meets Regional criteria to be designated Significant Woodland due to the presence of confirmed Significant Wildlife Habitat (SWH)and overlap with the Tee Creek Provincially Significant Wetland. Significant Wildlife Habitat for Special Concern and Rare wildlife species was identified in the study area due to the presence of Wood Thrush and Eastern Wood-pewee, which are both designated as Species of Special Concern in Ontario. However, the EIS and Addendum argues that the Regional Significant Woodland was not intended to be included as part of Provincial Natural Heritage System (NHS) and thus should not be considered a Key Natural Heritage Feature (KNHF) with a minimum 30m Vegetation Protection Zone (VPZ). The submitted EIS argues that the submitted proposal reduces the potential for negative impact to the natural heritage features and as such conforms with the Regional Official Plan. Regional staff disagree with this assessment for the following reasons: • The Provincial mapping of the NHS for the Growth Plan includes the subject lands and overlaps with the woodland. Woodlands are considered to be a KNHF as per Growth Plan policy and development and/or site alteration is not permitted within a KNHF or the associated 30m VPZ. • In addition, the Natural Environmental Polices of the Regional Official Plan also apply to the lands as the woodland has been confirmed to be a Regionally Significant Woodland. Consistent with Regional Policy, any proposed development must demonstrate how the test of no negative impact has been addressed. Based on the scope, nature, and location of the proposed development, as well as the characterization of the features provided in both the initial EIS and EIS Addendum, the proposal has the potential to significantly alter Page 4 of 10 Appendix 4 Recommendation Report Page 20 of 26 Page 597 of 769 the ecological and hydrological functions of the wetland, woodlan d, and fish habitat located on the subject lands. Stage 1 and 2 Archaeological Assessment A Stage 1-2 Archaeological Assessment was prepared by Irvin Heritage Inc. (May 4, 2022). The Stage 1 Assessment concluded that the property retained archeological potential due to the environmental setting of the Study Area in relation to historic transportation routes and settlement, and proximity to a watercourse. As such a Stage 2 Archaeological Assessment was completed involving an on -site 5m Transect Test Pit survey and an on-site 5m Transect Judgement Test Pit Survey. The investigation did not result in the identification of any archaeological resources on the site and concludes that the Study Area has been sufficiently assessed and is free of further archaeological concern. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement, 2020 (“PPS”) and conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”). The property is designated “Prime Agricultural Area” under both the PPS and Growth Plan and mapped as part of the Growth Plan’s Provincial Natural Heritage System (“NHS”). The natural features on the property are considered Key Natural Heritage Features (“KNHF”) and Key Hydrologic Features (“KHF”) to which the natural heritage policies of the Growth Plan apply. The proposed development is not consistent and does not conform for the following reasons: • The proposed development does not satisfy matters of provincial interest as outlined in Section 2 of the Planning Act as the protection of ecological systems, including natural areas, features, and functions have not been demonstrated; • The woodland and adjacent lands provide Significant Wildlife Habitat for species of special concern, the Eastern-wood pewee and Wood Thrush. As a result, the full extent of the Significant Woodland is a Key Natural Heritage Feature and a 30m Vegetation Protection Zone is required from its extent. • Development and/or site alteration is not permitted within a KNHF/KHF or its Vegetation Protection Zone (VPZ). As such, the proposed development is not consistent with Provincial Policy. Page 5 of 10 Appendix 4 Recommendation Report Page 21 of 26 Page 598 of 769 2. Regional Official Plan (2014) The subject land is located outside of the Urban Area and is designated “Good General Agricultural Area” under the Regional Of ficial Plan (ROP). The entirety of the subject lands are impacted by the Region’s Core Natural Heritage System (“CNHS”) consisting of Significant(“PSW”), WetlandSignificant ComplexCreek Teethe Provincially Woodland, and Important (Type 2) Fish Habitat. These Core Natural Areas are classified as Environmental Protection Areas (EPA) and Environmental Conservation Areas (ECA) under the Regional Official Plan (2014). The proposed development does not conform with the Regional Official Plan as follows: • Development within an ECA or adjacent to ECA and EPA areas requires the completion of an Environmental Impact Study (EIS) that is to demonstrate that there will be no significant negative impact on the Core Natural Heritage System; and, • The submitted EIS and Addendum were reviewed by Regional Staff and it was concluded that the proposal has not demonstrated that there will be no significant negative impact on the Core Natural Heritage System as required under policy 7.B.1.11, and as such does not conform to the Regional Official Plan. 3. City’s Official Plan The City’s Official Plan designates the subject land Environmental Protection Area (EPA) in part, Environmental Conservation Area (ECA) in part, and within Special Policy Area 37 (SPA #37). The Environmental Protection Area and Environmental Conservation Area designations are intended to protect, maintain, and enhance important ecological and environmental features within the City. Special Policy Area No. 37 manages the development of testamentary d evise lots located within the policy area. SPA #37 was put in place in part due to concerns that the land division through testamentary devise occurred without the benefit of supporting studies to assess impacts on natural features including woodlots, cree ks, and wetlands. The proposal does not comply with the intent of the Official Plan as follows: • Within an Environmental Conservation Area (ECA) limited development or site alteration may occur if supported by an Environmental Impact Study (EIS). Additionally, Special Policy Area No. 37 requires the completion of an EIS for any parcel located within 120m of a Provincially Significant Wetland (PSW) complex, or significant woodlot boundary, to ensure the development will not impact natural features and ecological functions. • Official Plan Policy 11.1.18 stipulates that an EIS required under the Official Plan for areas outside of the Urban Area Boundary, shall be to the satisfaction of Page 6 of 10 Appendix 4 Recommendation Report Page 22 of 26 Page 599 of 769 Niagara Region, in consultation with the City and Niagara Peninsula Conservation Authority (NPCA). As noted above, the submitted Environmental Impact Study and Addendum were not approved by the Niagara Region as there has not been the demonstration of no negative impact on the natural heritage features, and as such the proposed development does not conform with the City’s Official Plan. 4. Zoning By-law 1538, 1958 The applicant has requested a site-specific Rural Agricultural (RA) zone be applied to the site to permit the proposed detached dwelling and associated servicing. The departures requested from the standard RA regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted Uses The uses permitted in the RA zone The uses permitted in the RA zone CANNOT SUPPORT Minimum front yard depth 18m 10m CANNOT SUPPORT Minimum interior side yard 4.5m 1.6m CANNOT SUPPORT Minimum lot area 1.2ha 1.01ha CANNOT SUPPORT As it has not been demonstrated that the requested use and regulations will avoid impact to natural heritage features and their ecological function, the requested site - specific zone and amendments cannot be supported. Operational Implications and Risk Analysis None Financial Implications/Budget Impact None Strategic/Departmental Alignment None List of Attachments Page 7 of 10 Appendix 4 Recommendation Report Page 23 of 26 Page 600 of 769 Schedule 1 - Location Map Schedule 2 - Conceptual Site Plan Written by: Scott Turnbull, Planner 1 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 03 Jul 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 03 Jul 2023 Jason Burgess, CAO Approved - 05 Jul 2023 Page 8 of 10 Appendix 4 Recommendation Report Page 24 of 26 Page 601 of 769 Schedule 1 Page 9 of 10 Appendix 4 Recommendation Report Page 25 of 26 Page 602 of 769 SCALE BAR 1:250 0 20 m 25 m KEY MAP (NTS) LEGEND DATE: FEB 21, 2023 SCALE: 1:250 PROPERTY LINE SEPTIC MIN. LOT FRONTAGE MIN. FRONT YARD MIN. REAR YARD MIN. SIDE YARD REQUIRED PROPOSED 30m 18m 12m 4.5m 81.3m 1.6m 10m 93.6m ZONING PROVISION: N SUBJECT LANDS Septic 30m PSW Offset 42.5REZONING BOUNDARY PROPOSED DWELLING CONCEPTUAL SITE PLAN PARCEL 272514000108434 MONTROSE ROAD NIAGARA FALLS REGION OF NIAGARA CON 6 PT LOT 1 RP59R7401; PART 8 REQUIRED AMENDMENTS MIN. LOT AREA 1.2 ha.1.01 ha. Change of zoning from O2 to RA Reduce minimum lot area from 1.2 to 1.01 ha. Reduce minimum front yard from 18 to 10m Reduce minimum side yard from 4.5 to 1.6m PSW Proposed RA Zone 124.5 38.742.5Open Space Open Space 81.3124.0 Proposed 2-Storey Dwelling 8.728.2 20.56.464.1 1.610.0 1.1 93.6 LANDPRO PLANNING SOLUTIONS INC. 110 James Street, Suite 204 St. Catharines, ON 289-687-3730 info@landproplan.ca Schedule 2 Page 10 of 10 Appendix 4 Recommendation Report Page 26 of 26 Page 603 of 769 March 18, 2024 RE: PBD-2024-10 AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling Dear Council Members: I strongly agree with the recommendation of city and regional staff that a dwelling should not be constructed on this property. This property contains significant woodland over all the property and also includes Tee Creek provincially significant wetlands. It would not be possible to put a home and a septic system here without causing damage to these features. If council were to permit this zoning by-law amendment, it would then be harder to refuse similar requests in the future, much to the detriment of our natural heritage features. Our woodlands, wetlands and natural areas provide many ecological services and add to the quality of life in Niagara Falls. Sincerely, Joyce Sankey, Conservation Director Niagara Falls Nature Club Page 604 of 769 RE; Montrose Rd, Parts 7 and 8 59R-7401 (Parcel ID 347533)Zoning By-Law Amendment Application – City File:AM-2022-017 My name is Jay Mason and I am the Authorized Agent for Nelson Mason and Dana Batchelor of 13791 Montrose Rd., Niagara Falls, Ontario, L3B 5N7 the abutting property to the application locally Montrose Rd. Parts 9 & 10 59R-6480. Notes; We oppose the application siting the following reasons and legislation surrounding the testamentary devise lots contained within the Crowland By-Law and the Special Policy Area 37 created under OPA #42-By-Law 2002-20 particularly 13-37 I. which contains the application properties. 13.37.1.2.(1) (c) “Under no circumstances will lot sizes or lot frontages be reduced from the minimum requirements.” The application requests changes to the framework of the intent of the by-law in the manner of size, setback, minimum front yard and minimum side yard. 13.37.1.2 (2) (b) “Development is to occur outside the floodplain”. The application occurs within the floodplain. 13.37.1.2 (2) (g) (iii) The sewage envelope shall depict primary and secondary tile beds and mantle areas setback a minimum of 30 feet from a property line. The application depicts the septic design borders the property line. 13.37.1.2 (2) (k) Road widening. The potential for Montrose Rd. to be widened in the future is quite high given the access issues to the new hospital for the southern towns in the Niagara Region. The application asked for minimum frontage setback to be reduced from 18m to 10m. All other homes along the testamentary devise are setback to the required distance or greater. 13.37.1.2 (8) The Environmental Protection Area policies of the Official Plan will continue to be adhered to. “Development will not be permitted within floodplains and identified boundaries of Provincially Significant Wetlands.” Section 10 of the Ontario Forestry Act Neighbours consent/ boundary trees - In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. The Forestry Act indicates that it is a prosecutable offense for one co-owner to injure or cut down a boundary tree without the other co- owner's permission. Nelson Mason and Dana Batchelor the owners of the abutting forest will not be giving their approval for the removal of the ‘boundary trees’ required for this proposal. Niagara Region Woodland Conservation By-law No. 2020-79 The application is clearly part of a contiguous forest over 1 hectare and the Regional Conservation By-Law applies. Page 605 of 769 Side Yard Setback The proposed setback would negatively impact the forest property of the neighbour as the applicant would need to elevate the home dramatically to meet/exceed required elevation. This concern exists with the other setbacks and set -offs proposed as the home would need to be elevated several feet above the neighbour’s forest and the PSW which borders the proposal. The resulting construction so close to the neighbour ’s property line would result in further destruction to this important forest which required a tree saving plan and significant setbacks in construction of the 13791 Montrose. No trees were allowed to be disturbed during construction at 13791 Montrose. The proposed build would require the removal of old growth forest including shagbark hickory and without doubt, destruction of the our forest property. The applicant proposes to cut down hundred year old shagback hickory and other old growth forest to create a building lot and septic bed within/abutting a PSW, one that feeds across the road into a protected wetland. This is one of the last remaining stands of shagbark hickory in Ontario – Shagbark is an old growth heritage tree that feeds animals and birds with their edible nuts that are not produced until the tree is 100 years old. Some shag bark live to 300 years and their nuts would have been ingested by native tribes that likely planted them. Area of elevation – Any grade plan submitted would require the significant elevation of the building and septic areas relative to the surrounding areas. This is a locally important recharge area and is deemed as such by NPCA. The elevation required for the building and septic would form a barrier to the free movement of locally important water, plants and animals and negatively impact the neighbouring forest and PSW/ESW, as well as transfer those negatives to the protected area on the east side of Montrose. New road and bridge in front of site - The site as proposed is virtually inaccessible without significant changes to the local area from the road in. The region has recently improved the road, culvert and bridging mechanism to allow the free flow of water from the PSW abutting the property to the immediate north of the proposal to the protected areas to the east. The proposed building would sit firmly within, and provide a boundary to, the free flow of water from the west side of Montrose to the east side and create flow issues not anticipated when the road and culvert were constructed. Septic abutting neighbours property/forest – The land for septic would need to be elevated by design and would significantly and negatively impact the neighbours forested property. Zoning Amendment The proposed zoning amendment allows the complete removal of the forest under certain conditions and respectfully suggests that a home building would be allowed if the property was zoned Rural Agricultural. This is simply a planning workaround to allow Page 606 of 769 cutting in a contiguous forest over 1 hectare. This area will not be farmed. Allowing the proposal will set into motion the same type of forest destruction on lots throughout the Region, using abutting RA zones as reference to expand that zoning where an ap plicant wants to build a house with no intention of farming. The testamentary devise lot, of which this is one, were not a beacon in managed planning from the outset. From a strictly economic impact prospectus, there is little need locally to try to fit this particular square peg in the round hole. The owners of the ‘buildable’ testamentary devise lots have done so following the guidelines set out in the Crowland By-Law. Allowing the applicant’s proposal flies in the face of that and will begin a process that will lead to the ultimate destruction of this forest, unnecessary harm to the local environment and possibly others as precedents are set that don’t protect them. Page 607 of 769 1 From: Sent:Saturday, September 24, 2022 9:51 PM To:Julie Hannah Subject:POSSIBLE SPAM [EXTERNAL]-Open House Response: Zoning By-Law Amendment for Montrose Rd. We are writing in response to the zoning by-law Amendment Application for Montrose Road, Parts 7 & 8 59R-7401 (Parcel ID 4881 and 4882). We are the owners of the rural property, located on Montrose Road, directly across the street from the planned development. We would like to have it confirmed that the plans are indeed for a single dwelling and that there are no next steps to develop the area or sever lots into multiple dwelling units. We would like to be on record as opposing the development of multiple dwellings and any change to the designation of the Environmental Protection Area and Environmental Conservation Area. We have no objection to the development of a single home, but are concerned that its planned placement could bring unnecessary changes to the natural creek that runs through the property, and how that could impact neighbouring properties. As we are unable to attend the Open House due to an appointment, we would like to receive an update or access to the minutes from the Open House. Receiving more information from the Open House would help guide our decision and response to the upcoming formal public meeting with City Council. Thank you for your attention to this matter, Sincerely, Gennaro Tavano Teresa Tavano Adelina Tavano & Maria Ligotti To help protect your privacy, Microsoft Office prevented automatic download of thispicture fromthe Internet. width= Virus-free.www.avast.com Page 608 of 769 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 609 of 769 MW-2024-11 Report Report to: Mayor and Council Date: March 19, 2024 Title: Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) - Single Source Request for Engineering Construction Services Recommendation(s) THAT Council permit a Single Source procurement with Kerry T. Howe Engineering Ltd. for contract administration and inspection services for Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) in the amount of $121,100 plus applicable taxes in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04. Executive Summary The purpose of this report is to request authorization from Council to permit a Single Source procurement with Kerry T. Howe Engineering Ltd. to provide contract administration and inspection services for the Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) Contract No. 2024-531-20 in the amount of $121,100 plus applicable taxes. Background Storm sewer and sanitary sewers are combined along Armoury Street between Victoria Avenue and Crysler Avenue and were in need of replacement and separation. Additional scope included sewer separation along St. Lawrence Avenue and Crysler Avenue between Simcoe Street and Jepson Street and the replacement of watermain along St. Lawrence Avenue. This work will address the remainder of the municipal infrastructure in the area bound by Victoria Avenue, Simcoe Street, Crysler Avenue, and Jepson Street. Kerry T. Howe Engineering Ltd. was retained in 2020 to provide engineering design services and construction assistance. Construction of Phase 1 - Armoury St. (St. Lawrence Avenue to Crysler Avenue) and Crysler Avenue (Jepson Street to Simcoe Street) was completed in 2023. Design of Phase 2 - Armoury Street (Victoria Avenue to St. Lawrence Avenue) and St. Lawrence Avenue (Jepson Street to Simcoe Street) was completed in late 2023 and construction is to take place in 2024. Page 1 of 2 Page 610 of 769 Analysis Staff recommends a Single Source procurement with Kerry T. Howe Engineering Ltd. for contract administration and inspection services for the Armoury Street Sewer Separation Phase 2 project proceed immediately. The project has been publicly tendered and closed Tuesday, March 19, 2024 and will be awarded to a constructor once the contract documents have been reviewed and approved. Construction of this project is anticipated to begin the month of April 2024. Operational Implications and Risk Analysis Due to the importance of this critical sewer separation project which includes road, curbs, sidewalk and watermain replacement on Armoury Street and St. Lawrence Avenue. Kerry T. Howe Engineering Ltd. was retained to provide design services for Phase 1 and Phase 2 of this project. Their knowledge and expertise are crucial to ensure the construction process is completed with the highest level of oversite and the most value to residents and the City. Financial Implications/Budget Impact Funding for consulting services in the amount of $180,000 was approved for the Armoury Street Sewer Separation Phase 2 project in the 2024 capital budget. It is recommended to proceed with the requisition of Kerry T. Howe Engineering Ltd. for contract administration and inspection services in the amount of $121,100 plus applicable taxes. Strategic/Departmental Alignment Implementation of this project aligns with Councils Strategic Priorities by ensuring critical infrastructure assets' longterm sustainability and functionality through targeted repair and maintenance programs, and further by reducing the impact of wet weather events and combined sewer overflows on water bodies and ecosystems. Written by: Kurtis Bottrell, Project Manager Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 07 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 2 of 2 Page 611 of 769 MW-2024-12 Report Report to: Mayor and Council Date: March 19, 2024 Title: 6683 Fallsview Boulevard Licence and Encroachment Agreement Recommendation(s) 1. That 1970102 Ontario Limited, owner of the property known municipally as 6683 Fallsview Boulevard, be permitted through a Licence and Encroachment Agreement in a form satisfactory to the City Solicitor, to: a. continue to encroach into the Dunn Street road allowance at the location of a former loading dock where remnants currently remain; and, b. operate a commercial parking lot on the property for hotel valet uses only, with right-in access only from Fallsview Boulevard. 2. That the Mayor and Clerk be authorized to execute the required Licence and Encroachment Agreement. 3. That the City Solicitor be authorized to register the Licence and Encroachment Agreement, or notice thereof, on title to the applicable parcels of land in the Land Registry Office at no cost to the City. Executive Summary 1970102 Ontario Limited ("1970102") is the owner of 6683 Fallsview Boulevard (the "Property"), formerly known as the OK Gift Shop, located at the northwest corner of Fallsview Boulevard and Dunn Street. Demolition of the structure and reconfiguration of the Property into a parking lot occurred in 2022-2023. 1970102 is required to enter into an agreement with the City for the following reasons:  in order to comply with Schedule 11, Commercial Parking Lots, of the the City's Licensing Bylaw (Bylaw No. 2001-31);  in order to permit the use of the driveway access that was constructed by 1970102 from Fallsview Boulevard without the City's prior approval; and,  in order to reflect responsibilities and liabilities for the encroachment of remaining remnants of the former OK Gift Shop building that are present in the Dunn Street road allowance. Background Page 1 of 5 Page 612 of 769 The former OK Gift Shop located at 6683 Fallsview Boulevard was demolished and reconstructed as a paved parking lot in 2022. The loading dock, handrails, drainage infrastructure and electrical infrastructure associated with the building were however not removed and continue to encroach into the Dunn Street road allowance. These remaining components are shown outlined in green on the sketch attached to this report (hereinafter referred to as the "Encroachment"). 1970102, the owner of the Property, also owns and/or operates several hotel properties in the City including the Embassy Suites located at 6700 Fallsview Boulevard on the east side of Fallsview Boulevard. In January 2023 construction commenced by 1970102 on a driveway access to the Property within the Fallsview Boulevard road allowance. The City issued a Notice of Contravention due construction without a road occupancy permit and due to concerns with traffic and pedestrian movements and safety at the driveway location. Analysis Following demolition there remained several former components of the OK Gift Shop within the Dunn Street road allowance that served no municipal purpose. Identification of the Encroachment and ensuring that ongoing responsibility, maintenance, and liability for the Encroachment is borne by 1970102 can be satisfied through an Encroachment Agreement.. Schedule 11, Commercial Parking Lots, of the the City's Licensing Bylaw (Bylaw No. 2001-31), requires that all persons operating a parking lot for commercial purposes (in other words, a parking lot that promotes business interests and is not considered required parking under the zoning bylaw that would otherwise be handled through a Site Plan Agreement) obtain an annual license from the City Clerk. In addition to ensuring the business is in proper standing with a minimum insurance of at least two million dollars coverage, this bylaw also requires minimum standards for paved surfaces, lighting, adequate drainage, signage, garbage receptacles, etc. and that the applicant submit engineering drawings to the City for prior approval. Representatives from 1970102 have been cooperating with City Staff in an effort to comply with the requirements and bring the Property and driveway access into compliance with City Bylaws and technical standards. 1970102 has submitted the appropriate technical information to Municipal Works to satisfy the technical requirements of the Commercial Parking Lot provisions of the City's Licensing Bylaw. The driveway access constructed by 1970102 in the Fallsview Boulevard road allowance was an initial concern for vehicular and pedestrian conflicts at this busy location, and due to the close proximity to the signalized intersection at Fallsview Boulevard and Dunn Street. In order to elevate these concerns, City Staff suggest that an agreement be created that includes provision ensuring that the parking lot located on the Property only be used for hotel valet purposes, and that the Fallsview Boulevard driveway be used as a 'right-in only' access. Page 2 of 5 Page 613 of 769 The encroachment matter and parking lot licensing matter at 6683 Fallsview Boulevard were considered by Staff to be a correlated, unique situation that was preferred to be handled through an individual agreement reflecting the site specific issues. Consequently a Licence and Encroachment Agreement has been prepared and circulated for acceptance by the representatives of 1970102. Operational Implications and Risk Analysis Execution of the Licence and Encroachment Agreement is intended to protect the interests of the City and will ensure that compliance with By-laws passed by City Council is upheld and that all responsibility, maintenance, and liability relating to the Encroachment is borne by 1970102. Should the Licence and Encroachment Agreement not proceed, or 1970102 not agree to the terms and conditions of the agreement, the Property will not be permitted to be used as a Commercial Parking Lot and the driveway access constructed in the Fallsview Boulevard road allowance will be required to be removed and reinstated to the City's satisfaction at no cost to the City. Financial Implications/Budget Impact The Licence and Encroachment Agreement will include standard financial terms for annual encroachment and licensing payments by 1970102. Additionally, 1970102 will be required to pay the administrative fee for preparation of the Licence and Encroachment Agreement together with disbursements relating to a search of title and costs to register the agreement in accordance with the City’s Schedule of Fees. Strategic/Departmental Alignment This report is administrative in nature and does not necessarily reflect any specific Strategic or Departmental Plan. Contributor(s) Bonnie Critelli, Legal Services Administrator List of Attachments 6683 Fallsview Written by: Erik Nickel, General Manager of Municipal Works Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 07 Mar 2024 Jason Burgess, CAO Approved - 11 Mar Page 3 of 5 Page 614 of 769 2024 Page 4 of 5 Page 615 of 769 Commercial Parking Lot on Licensee’s Land Page 5 of 5 Page 616 of 769 R&C-2024-02 Report Report to: Mayor and Council Date: March 19, 2024 Title: Seniors Advisory Committee Goals and Objectives Recommendation(s) That Council Receive the Seniors Advisory Committee Goals and Objectives report for information. Executive Summary At the November 13, 2018, City Council meeting, Council approved a motion to create an Age Friendly/Seniors Advisory Committee. The City of Niagara Falls has various Committees made of appointed citizens, Council members and City staff. To better represent all citizens of Niagara Falls a Seniors Advisory Committee (SAC) has been developed to address seniors’ issues and opportunities. Background objectives and goals a undertakes Seniors Advisory the term, Each Committee facilitation session to create concrete goals for their committee. The goals and objectives presented have been adapted from the previous committee to reflect the current state of the committee. Analysis The goals for the term, as agreed upon by the Seniors Advisory Committee. Goal #1: Promote Awareness and Encourage Input 1. Create Awareness of the Role of the Seniors Advisory Committee 2. Solicit input and act as a public forum for issues that affect seniors in the community. 3. Improve seniors’ participation in City Programs and Services Goal #2: Explore and develop partnerships that inform and improve the quality of life for seniors. 1. Identify possible partnerships. 2. Liaise with similar committees in Niagara to share information and avoid duplication. Goal #3: Develop an action-oriented strategy, focused on older adults, to create an Age-Friendly Niagara Falls 1. Complete the Age-Friendly self-assessment of Niagara Falls Page 1 of 5 Page 617 of 769 2. Secure Council’s support to create an Age-Friendly Niagara Falls Goal #4: Advise Council 1. Provide recommendations, based on input received, to improve programs, policies and services provided to seniors. Financial Implications/Budget Impact Goals and Objectives will be achieved within the current SAC annual budget of $3,100. Strategic/Departmental Alignment Social Sustainability: The City of Niagara Falls works in partnership with the Niagara Region to ensure residents have access to basic needs such as affordable housing, health and mental health care, education, and social services, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. List of Attachments SAC Goals and Objectives 2023 Written by: DJ Brooks, Community Development Coordinator DJ Brooks, Community Development Coordinator Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 07 Mar 2024 Jason Burgess, CAO Approved - 11 Mar 2024 Page 2 of 5 Page 618 of 769 1 Seniors Advisory Committee Goals and Priorities 2023-2027 Purpose: Serve in an advisory capacity to Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. SAC acts as a liaison to enrich and enhance the lives of seniors within Niagara Falls by identifying barriers, forming partnerships with the community and acting as a public forum for issues affecting seniors. Goal #1: Promote Awareness and Encourage Input 1. Create Awareness of the Role of the Seniors Advisory Committee Actions: 1.1 Promote the mandate of SAC by utilizing the City’s web site and promotional materials by end of 2024/25. 1.2 Promote an email account and use business cards and/or rack cards to encourage input from residents by 2025. 1.3 Provide information and links to programs and services for seniors - ongoing. 1.4 Share SAC successes with Council and residents of Niagara Falls. Ongoing. 2. Solicit input and act as a public forum for issues that affect seniors in the community Actions: 2.1 Establish key questions to be used when soliciting input by November 2019. 2.2 Identify audiences and locations to seek meaningful input by March 2020. 2.3 Develop and use surveys, as needed, with professional guidance. Ongoing. 2.4 Collect and analyze input and feedback by June 2020. 2.5 Develop recommendations based on top 3-5 critical issues identified by residents by November 2020. 3. Improve seniors’ participation in City Programs and Services Actions: 3.1 Review current City of Niagara Falls programs and services and usage data by end of 2024/25. 3.2 Seek input from residents using key questions to help identify reasons seniors do not participate - ongoing. 3.3 Using data collected, identify top 3-5 reasons seniors do not access programs and services - ongoing. Page 3 of 5 Page 619 of 769 2 3.4 Prepare recommendations to address identified reasons and barriers - ongoing Goal #2: Explore and develop partnerships that inform and improve the quality of life for seniors 1. Identify possible partnerships Actions: 1.1 Determine which service clubs, community or business groups are interested in supporting seniors and SAC activities by December 2019. 1.2 Develop partnerships with appropriate organizations. Ongoing 2. Liaise with similar committees in Niagara to share information and avoid duplication Actions: 2.1 Interact and maintain contact with the other municipal seniors’ advisory committees in Niagara beginning in September 2019 and ongoing. 2.2 Participate in Niagara Age-Friendly activities and knowledge exchange beginning in September 2019 and ongoing. Goal #3: Develop an action-oriented strategy, focused on older adults, to create an Age-Friendly Niagara Falls 1. Complete the Age-Friendly self-assessment of Niagara Falls Actions: 1.1 Review self-assessment requirements and develop a schedule for completion by end of 2024/25. 1.2 Conduct self-assessment and identify current barriers and gaps in services by 2025. 1.3 Analyze results and develop recommendations to address barriers and gaps by 2025. Page 4 of 5 Page 620 of 769 3 2. Secure Council’s support to create an Age-Friendly Niagara Falls Actions: 2.1 Prepare plan and recommendations for presentation to Council by May. 2.2 Present plan and recommendations to Council in May. 2.3 Follow-up and communicate outcomes by December. Goal #4: Advise Council 1. Provide recommendations, based on input received, to improve programs, policies and services provided to seniors Actions: 1.1 Present annual report to Council, highlighting accomplishments, key issues and ongoing activities by June each year. 1.2 Provide recommendations to Council, based on input from residents, as necessary. Ongoing Page 5 of 5 Page 621 of 769 The City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. Bill Matson, Manager of Clerks Services / Deputy Clerk RE: Rotary Club of Niagara Falls Sunrise Ribfest and BBQ, June 15,16 and 17, 2024 Dear Bill, The Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ committee respectfully ask the City of Niagara Falls to declare our 20th Annual Niagara Falls Rotary Ribfest a Community Event. Ribfest will be held June 15.16. and 17 2024 (Father’s Day Weekend). The hours of operation will be Friday 4:00 pm until 11:00 pm, Saturday noon until 11:00 pm and Sunday noon until 7:00 pm. We are pleased and excited to announce that our event will again be hosted by the Niagara Parks Commission at Rapidsview Park and we are looking forward to continue to build on the success of Ribfest from previous years. We are excited to have this opportunity to bring Ribfest again to the prestigious location with its’ beautiful setting, ample parking and other amenities, and proximity to the Niagara River and the Falls itself. We are also pleased to be working with an organization such as the Niagara Parks Commission, whose history, reputation, and commitment to our community are well established. Letters will be sent to the Fire Department, Health Department, and Police Department, once we have finalized our site plan for 2024. The Rotary Club of Niagara Falls Sunrise Ribfest and BBQ committee is looking forward to another successful event that provides great food, fun and entertainment for people of all ages in our community. We are proud to be celebrating our 20th Anniversary in 2024. Niagara Falls Rotary Ribfest raises funds for our Rotary Club that are used 100% for community programs such as Project Share, Rotary House, School Breakfast Program, GNGH Foundation, and Heart Niagara, just to name a few. If more information is required, please do not hesitate to contact me at (905) 329 -3130 or email me at poyd1985@gmail.com Thank you for your assistance and support of our event! Sincerely, Jennifer M. Schoenhals, RPh BSc. Phm, BBA, Pharm.D Co-Chair of Niagara Falls Rotary Ribfest 2024 Ribfest Committee Work Contact information: Falls Pharmacy 6635 Drummond RD, Niagara Falls, ON P (905) 354-3883 F (905) 354-3363 Page 622 of 769 Page 623 of 769 Page 624 of 769 Page 625 of 769 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-June 12, 2024 From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Wednesday, March 13, 2024 10:46 AM To: Eileen Tinio-Hind <eileen@niagarafalls4u.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Michelle Sanlon <msanlon@niagaraparks.com> Subject: RE: [EXTERNAL]-June 12, 2024 Hello Eileen: I hope you’re doing well! Thanks for this – I’m including our Clerk’s Department in order to bring your request forward at a future Council meeting so we can move forward! I’m including Michelle Sanlon at the Illumination Board to follow up on your request for a falls illumination and Heather Phillips is included to RSVP the mayor’s attendance at your reception that you’re planning. Thanks for reaching out! carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Eileen Tinio-Hind <eileen@niagarafalls4u.ca> Sent: Wednesday, March 13, 2024 9:20 AM To: Jim Diodati <jdiodati@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca> Subject: [EXTERNAL]-June 12, 2024 Good Morning Mayor Jim, I'm not sure if FCAN has already sent a request for our Filipino Flag Raising on June 12, 2024 for our Philippines Independence Day Celebration. If not, we would like to request for this year. Page 626 of 769 2 Also, we had a dinner/meeting with our Consulate General of the Philippines, Con-Gen Angelica who is sending you her best regards. We are asking your assistance to have our Red/White/Blue Flag colours illuminated at the falls that evening. As part of the 2024 celebration of our 75 years Canada-Philippines Diplomatic Relations, our Consulate will be hosting a Cocktail Reception on June 12th as well. I am making the arrangement for this event. It will be around 5PM. Hoping we could get the Commissioners Quarters/Queen Victoria Park. Please mark this on your calendar, hopefully you are able to join us. Thank you and best regards -- Eileen Tinio-Hind Vice Chair, Jose Rizal Memorial Niagara General Manager | Niagara Falls For You Hospitality Services Mobile: 905-932-8687 eileen@niagarafalls4u.ca 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 627 of 769 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Pride Niagara Festival 2024- Annual Pride Flag Raising From: Enzo De Divitiis <chair@prideniagara.com> Sent: Monday, March 4, 2024 3:48 PM To: Heather Phillips <hphillips@niagarafalls.ca> Subject: [EXTERNAL]-Pride Niagara Festival 2024- Annual Pride Flag Raising Hello Heather, I Hope you’re doing well, happy, and healthy! Pride month is quickly approaching, and planning for Pride Niagara’s Festival is in full swing! Your participation and support help to create connectivity and social outreach across Niagara. For the 14th year, we invite each municipality to join our Annual Pride Flag raising Monday June 3rd as part of this year’s Pride Niagara Festival! Pride Niagara requests that each municipalities Mayor (or council representative) raise the flag (as provided by Pride Niagara) Monday June 3rd. Alongside Pride Niagara representative, we ask each municipality to share words of support and acknowledgement to our 2SLGBTQ+ community. We also request each municipality deliver a statement of support for Niagara’s 2SLGBTQ+ communities, Pride Niagara, and International Pride month, during opening remarks of their first June Council meeting. As June is internationally recognized as Pride month, we greatly encourage each municipality to have the flag raised for the month of June, but we formally request the flag to be flown for a minimum of Niagara Pride week. (Saturday June 1st- Sunday June 8th) To coordinate flag raising across all municipalities on Monday June 3 rd, our time request for Niagara Falls is 2pm. Once council participation, date and time are confirmed, Pride Niagara will announce your involvement in this year’s festival. Page 628 of 769 2 We look forward to continuing building the tradition with each municipality and sincerely hope we can work together. Enzo -- Happy Pride! With advance gratitude Enzo De Divitiis He/him/his Pride Niagara Board of Directors chair@prideniagara.com ................................................. Pride Niagara Confidentiality Notice The information contained in this communication, including any attachments, may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure or copying of this communication or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. 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 629 of 769 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Savesoil proclamation 2024 Office of the Mayor Proclamation SAVE SOIL Whereas, "Save Soil” is a global movement, launched by Sadhguru, uniting world leaders, visionaries, influencers and citizens of all nations behind a common purpose – to restore and safeguard the world’s soil; and Whereas, Save Soil aims to address the global soil crisis, recognizing that 52% of the world’s agricultural soils are already degraded, and by 2050, 90% of Earth’s soil could be degraded; and Whereas, addressing soil degradation issues would bring solutions for the loss of biodiversity, nutritional deficiencies, food security, water scarcity, climate change, and mass migration; Whereas, the proposed solution is advocate for policies across all nations towards soil restoration and aim to increase organic content in agricultural soil to a minimum of 3-6%; and Whereas, in an effort to raise awareness and activate support from leaders and citizens alike, Sadhguru was on a 30,000 km journey as a lone motorcyclist covering 27 nations over 100 days since March 21st, 2022; and Whereas, this movement is supported by 81 nations globally, Now therefore, I, [Name of Mayor/Governor], [Mayor/Governor] of [City/Town/State] do hereby proclaim March 21st as Save Soil Day in [City/Town/State] as soil is vital to all life and urge all citizens to be a part of the Save Soil movement to support national policies towards soil restoration and aim to raise the organic content of soil to a minimum of 3% - 6%." Be it Further Proclaimed that I urge all citizens to participate in creating bright futures for our children and the future of our planet. Date: Signed: Please do let me know if you require any further information. Thank you, Mrs. Puja Patel 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 630 of 769 1 To: Lisa Wall, James Dowling From: Basit Ur Rehman Subject: Revisions to 2024 Capital Budget Date: March 11, 2024 ________________________________________________ BACKGROUND Due to the interconnectedness of the Library’s operating and capital budgets, should this budget be approved, resulting adjustments to the Library’s capital budget as submitted will be required. The operating budget adjustments include a reduction of Transfer to Reserve – Furniture from $7,500 to $3,500. This reduction must be reflected in the capital budget as well. All other components of the 2024 revised capital budget as approved by the Board on February 21, 2024 and initially approved by council on Nov 30th, 2023 will remain unchanged. RECOMMENDATIONS To approve the revised 2024 capital budget submission as approved at the February 21, 2024, Regular Board Meeting 2024 CAPITAL BUDGET REVISION PROJECT BUDGET REQUEST FUNDING SOURCE Collection Materials $186,725 Transfer from Reserve - Funded by Operating Collection Materials $90,975 90% DC, 10% Transfer from Operating Budget Chippawa Roof Replacement $25,000 Special Purpose Reserve Hardware $20,000 Transfer from Reserve - Funded by Operating Furniture $7,500 $3,500 Transfer from Reserve - Funded by Operating Children's Furniture $5,000 Property Reserve Victoria Carpeting $15,000 Property Reserve TOTAL $350,200 $346,200 Respectfully submitted by: Basit Ur Rehman Finance and Administrative Coordinator Approved by: Alicia Subnaik Kilgour CEO/Chief Librarian Page 631 of 769 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Meaningful Ways to Honor Kiska's Memory in Our City From: Robert Jacobson < Sent: Friday, March 1, 2024 4:21 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Meaningful Ways to Honor Kiska's Memory in Our City Dear Niagara Falls City Council Members and Mayor, As we approach the one-year anniversary of Kiska’s passing on March 10th, it is time to reflect on her decades in our city and consider meaningful ways to honor her memory. I have three ideas I humbly suggest for your consideration: 1. Proclaim March 10th as "Kiska Day" in Niagara Falls every year. This would provide an opportunity for our community to celebrate her life annually through educational events, special zoo activities, and commemorations. 2. Pass a council resolution recommending that Marineland construct a memorial for Kiska on their property. This could involve a statue, plaque, or exhibit detailing her story and promoting education on captive cetaceans. The city's moral support could encourage Marineland to properly honor their most famous resident. 3. Establish an annual Kiska Environment and Animal Welfare Grant funded by the city. This grant of $5,000 could support a local non-profit organization each year who exemplifies Kiska's spirit through their work to protect animals, habitats or environmental education. Kiska was an icon in our city for over four decades. Implementing one or more of these ideas would create a lasting tribute to her memory, benefiting residents and visitors long into the future. I welcome your thoughts on these proposals and any other ways we can honor this remarkable whale that called Niagara Falls home. Please do not hesitate to contact me if you would like to discuss further. Thank you for your consideration. Sincerely, Robert Jacobson Please note you are not on a mailing list and this message is sent personally from me. Sender notified by Mailtrack 03/01/24, 01:20:36 PM Page 632 of 769 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 633 of 769 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 February 23, 2024 CL 3-2024, February 22, 2024 PEDC 2-2024, February 7, 2024 PDS 4-2024, February 7, 2024 Local Area Municipalities Niagara Peninsula Conservation Authority SENT ELECTRONICALLY Tree and Forest Canopy Project PDS 4-2024 Regional Council, at its meeting held on February 22, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 4-2024, dated February 7, 2024, respecting Tree and Forest Canopy Project, BE RECEIVED and CIRCULATED to the Local Area Municipalities and the Niagara Peninsula Conservation Authority (NPCA). A copy of PDS 4-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-17 cc: K. Costantini, Senior Planner M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Page 634 of 769 PDS 4-2024 February 7, 2024 Page 1 Subject: Tree and Forest Canopy Project Report to: Planning and Economic Development Committee Report date: Wednesday, February 7, 2024 Recommendations 1.That Report PDS 4-2024 BE RECEIVED for information; and 2.That a copy of Report PDS 4-2024 BE CIRCULATED to the Local Area Municipalities and the Niagara Peninsula Conservation Authority (NPCA). Key Facts •The purpose of this report is to inform Council of the recently completed Niagara Tree and Forest Canopy Assessment project. •Tree and forest canopy is an increasingly important topic across municipalities, this project provides baseline tree and forest canopy and land classification data for the Niagara Region. •The tree and forest canopy assessment will inform future direction and implementation of environmental projects, including the Regional Greening Initiative and support decision making for a variety of environmental planning responsibilities. •Final land classification results indicate that overall, Niagara Region has a 25.4% tree and forestry cover. •The data and findings from the project will be shared with the local area municipalities to support local initiatives. Financial Considerations The costs associated with the Tree and Forest Canopy Assessment project were accommodated within the Council approved project budget for the Niagara Official Plan. Analysis This report provides an overview and results of the recently completed Niagara Region tree and forest canopy (TFC) project. The main outcome of the project is a quantified Page 635 of 769 PDS 4-2023 February 7, 2024 Page 2 assessment of the complete regional TFC cover (Figure 1 – Appendix 1). The project also produced a land use classification spatial dataset for the extent of the Niagara Region, which has been used to generate additional information and statistics on ecosystem services, theoretical planting opportunities, and additional study avenues. The results of the project provide baseline data for the Region's current TFC, will continue to be used to identify and carry out plantings on regional properties through the Greening Initiative, and will inform future direction and implementation of environmental projects and support decision making for a variety of environmental planning responsibilities at both the regional and local levels. TFC coverage can impact the environmental, economic, and social aspects of our everyday lives. The TFC coverage of an area has a direct relationship to the water quality of surrounding watercourses, helps prevent erosion of soil, improves air quality, lessens UV exposure through shade provision, and enhances the health and prevalence of flora and fauna ecosystems in an area, among other benefits. Residents in a well-treed area benefit from an economic perspective, by requiring less energy resources to cool their homes in summer and heat them in winter when trees provide shade and wind blocks. Municipally, trees are the least costly approach to stormwater management by reducing the amount of run-off that enters storm systems and can also act as effective buffers to urban noise levels. TFC coverage refers to the proportion of fixed area on the ground covered by tree crowns. Coverage is inclusive of larger forested areas, as well as small tree stand areas such as hedgerows, and individual trees, such as boulevard and yard trees. A few of Niagara’s local municipalities have completed work to determine local urban canopy coverage or have conducted municipal tree inventories. This project provides a consistent approach across the entire Region, allowing results and analysis to be completed on a standardized dataset. This project represents data at a ‘point-in-time’ with consideration of several factors which will continue to influence and have direct effects on the composition and coverage of trees across the Region, including but not limited to climate change, invasive species and tree diseases, and land-use changes. A consultant was retained to carry out this project and commenced work in Q1 2023. The scope of the project included creating a 1 metre raster-based dataset identifying landcover classifications across Niagara Region. Six land cover classes were identified: TFC, Grass and non-treed Vegetation, Soil and Bareland, Impervious Cover, Buildings, and Water. TFC was further analyzed and a subclass identifying orchard canopy was produced to quantify where orchard canopy is a contributor to overall canopy. The land cover classes represented the landscape from a top-down perspective, i.e., in areas Page 636 of 769 PDS 4-2023 February 7, 2024 Page 3 where two classes overlap, such as tree canopy overhanging a roadway, only the tree canopy was represented in the land cover classification. Figure 2 (Appendix 1) shows an example of a mapped area in St. Catharines. Various data sources were used for the project including: Ontario Road Network (2023), Hamilton-Niagara LiDAR DSM (2021), Hamilton-Niagara LiDAR DTM (2021), Bing imagery (2021), Southwestern Ontario Orthophotography Project (2020), and Niagara Region Building Footprints (2018). Using GIS based software, classification techniques were employed to generate each land cover class including segmentation of a LiDAR based height model, random forest machine learning image classification of orthoimagery, and a manual digitization of features using orthoimagery. Additionally, a QA/QC process was carried out to validate the accuracy of the classifications using random ortho-imagery point interpretation. A total of 2,163 points were manually classified to create the ground truth dataset with accuracy results indicating a 90% confidence in the land cover classification. The final land cover classification raster covers an area of 188,188 hectares and comprises 1.88 billion pixels at a 1-meter spatial resolution. Results and Analysis This report provides baseline data findings and examples of types of analysis that can be completed using the data. Final land classification results indicate that overall, Niagara Region has a 25.4% TFC cover. The full breakdown of land classifications across the Region is as follows: Table 1: Land Classification by Type across Niagara Region Land Classification Total Hectares % of Total Land Tree and Forest Canopy 46789 25.4 Grass and non-treed Vegetation 49205 26.7 Soil and Bareland 72550 39.3 Buildings 4591 2.5 Impervious Cover 11314 6.1 Total: 184449 100% Page 637 of 769 PDS 4-2023 February 7, 2024 Page 4 Land classification data was further disaggregated by the 12 municipality boundaries (Table 2). Table 2: Land Classification by Type by Municipality Municipality Land Area (ha) TFC Grass and non-treed Vegetation Soil and Bareland Buildings Impervious Cover Fort Erie 16,535 34.8% 31.8% 24.8% 2.2% 6.5% Pelham 12,580 31.4% 31.2% 31.5% 1.9% 4.0% Niagara Falls 20,833 30.5% 35.0% 20.9% 3.7% 10.0% Port Colborne 12,069 28.4% 29.1% 35.7% 1.8% 5.1% Thorold 8,332 26.6% 32.1% 31.7% 2.3% 7.3% Wainfleet 21,626 25.9% 19.3% 52.2% 0.6% 2.0% Grimsby 6,854 23.9% 29.7% 34.5% 3.5% 8.4% St. Catharines 9,598 22.4% 30.3% 15.7% 10.6% 21% Welland 8,112 22.1% 43.3% 16.2% 5.5% 12.9% Lincoln 16,217 21.9% 22.6% 48.1% 2.4% 5.0% West Lincoln 38,628 20.7% 18.6% 58.1% 0.6% 1.9% Niagara-on- the-Lake 13,108 18.0% 23.4% 49.5% 2.8% 6.2% Regional Average: 184,492 25.4% (46789 ha) 26.7% (49205 ha) 39.3% (72550 ha) 2.5% (4591 ha) 6.1% (11314 ha) Page 638 of 769 PDS 4-2023 February 7, 2024 Page 5 To gain a better understanding of the overall TFC in urbanized areas, where most of Niagara’s population reside, the data was additionally assessed using the boundaries of the 27 urban areas (Table 3). Overall, the average TFC coverage across all urban areas was 23.8%. Table 3: TFC by Urban Areas Municipality Urban Area TFC Pelham Fenwick 36.2% Fonthill 29.7% Fort Erie Crystal Beach 31.8% Fort Erie 36.8% Douglastown 21.4% Stevensville 25.0% Niagara-on-the-Lake Queenston 46.2% Niagara-on-the-Lake 34.5% Virgil 19.3% St. David's 23.8% Glendale 13.6% Niagara Falls Niagara Falls 25.5% St. Catharines St. Catharines 23.1% Lincoln Vineland South 31.2% Jordan 26.9% Vineland 19.9% Jordan Station 24.6% Campden 17.8% Beamsville 15.6% Prudhomes 11.9% Thorold Thorold North 13.1% Page 639 of 769 PDS 4-2023 February 7, 2024 Page 6 Municipality Urban Area TFC Thorold South 12.8% Port Robinson 34.0% Port Colborne Port Colborne 20.6% Welland Welland 18.7% Grimsby Grimsby 17.4% West Lincoln Smithville 10.4% Urban Area Average: 23.8% Additional high-level analysis was completed using the TFC data. Analysis included intersecting various Statistics Canada levels of geography and population data with the TFC data, as well as using the grass and non-treed vegetation classification layer to determine potential planting area (PPA). The total TFC and PPA of Region owned properties was also investigated. Full results are available in Appendix 2 of this report. Agricultural TFC The northern extent of the region, bordering the shoreline of Lake Ontario is predominantly specialty crop agriculture. Vineyards and orchards are numerous outside of settlement areas. Orchard trees aid in the reduction of carbon dioxide alongside other tree species found in Niagara and are an important contributor to the reduction of greenhouse gases. Total TFC as reported in this project is inclusive of orchard canopy, however, additional analysis was conducted to measure the contribution of orchard canopy in areas where tender fruit agriculture is prevalent. Results indicate, total TFC coverage in the Greenbelt Plan area is 23.6%, with orchards accounting for 9.9% of this coverage (i.e., 1,165 ha of the total 11,724 ha of TFC is generated from orchard canopy). Municipalities where orchard canopy is a major contributor to overall canopy, include Niagara-on-the-Lake (23% of total canopy coverage) and Lincoln (13% of total canopy coverage). Figure 3 (Appendix 1) shows a mapped representation of the location of orchard canopy in the Greenbelt Plan area. Ecosystem Services Ecosystem services are the ecological benefits that tree canopy provides to humans. Results of the land classification assessment were used to gauge the ecosystem services of the existing TFC at a high level. Ecosystem services of TFC in Niagara were Page 640 of 769 PDS 4-2023 February 7, 2024 Page 7 quantified using i-tree Eco v6 software, produced by the U.S.D.A. Forest Service. Ecosystem Services considered in this study include carbon storage and sequestration, air quality, hydrology, and oxygen production. Full results can be found in Appendix 3 of this report. Health Impacts Tree Canopy can have many widespread impacts, not only on the local environment, but also on the social determinants of health of individuals in the community. Environmental, economic and social factors that are impacted by tree canopy affect the health of populations. Environmental factors can include the urban heat island effect, air quality, access to greenspace and resilience to the effects of climate change. The health outcomes impacted by tree canopy end up influencing economics related to healthcare services as increased use of services can be influenced by environmental factors. A detailed literature review on health impacts related to TFC is provided in Appendix 4 of this report. Challenges The current replacement value of all the trees in Niagara Region, where the replacement value is the estimated local cost of replacing a tree with a similar tree, is estimated to be $11 billion. Significant threats to Niagara’s TFC include susceptibility to pests and disease, stresses associated with climate change, invasive plant species and land-use change. Climate change poses a number of potential impacts to TFC, affecting structure, health, distribution, and ecological function. The overall impacts of climate change are highly dependent on geography, existing species compositions, and the added presence of pests and disease. Urban forest mortality rates have been recorded in some areas across North America, with studies suggesting the annual mortality rate of mature canopy in a forest typically ranges from 1% to 3%. In urban settings, urban tree mortality is highly variable depending on planting locations and general tree maintenance and upkeep. An aim to increase the overall regional TFC would need to account for not only identifying areas where additional tree plantings could occur, but also accommodating replacing trees lost to varying threats, land use changes and other circumstances. Page 641 of 769 PDS 4-2023 February 7, 2024 Page 8 Opportunities As identified, Niagara’s current TFC is estimated to be 25.4%. This baseline provides a reference point to support strategies, targets, and directions aimed at improving the overall canopy across Niagara Region. Section 3.1.25.2 of the Niagara Official Plan supports opportunities for enhancement of woodland cover, including the implementation of the Regional Greening Initiative, private land stewardship, land acquisition or dedication of private land to the Region, Local Area Municipalities, Conservation Authority, or other public or private organizations for tree planting and reforestation efforts; identification of woodland enhancement areas through the completion of watershed plans, subwatershed studies, or similar plans; or required tree and woodland protection and planting through the planning application process. In the short term, this data quantifies the spatial distribution of TFC throughout the Region and will assist in identifying opportunities for increasing sustainable tree cover on regional properties as part of the Greening Initiative, as well as provide detailed data necessary to support targeting of future initiatives. Additionally, the Region will share the results of this study and the associated data with the local municipalities, to assist with an increased understanding of the coverage across specific areas and enable use of the information to support local initiatives. Alternatives Reviewed This report is for information purposes only. No alternatives were reviewed. Relationship to Council Strategic Priorities This report supports the following Council Strategic Priorities 2023-2026: • Green and Resilient Region: Through identification and protection of the natural environment and facilitating the development of climate-resilient communities. Page 642 of 769 PDS 4-2023 February 7, 2024 Page 9 ________________________________ Prepared by: Karen Costantini, MCIP, RPP Senior Planner Growth Strategy and Economic Development _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Susan McPetrie, Planner, Growth Strategy and Economic Development and Jessica Knot, Municipal Health Impacts Advisor, Public Health and Emergency Services, and reviewed by Erik Acs, MCIP, RPP, Manager of Community Planning and Angela Stea, MCIP, RPP, Director of Corporate Strategy and Community Sustainability. Appendices Appendix 1 Report PDS 4-2024 Figures Appendix 2 Additional Analysis Appendix 3 Ecosystem Services Appendix 4 Health Impacts Review Page 643 of 769 Appendix 1 PDS 4-2024 Report Figures Page 644 of 769 Figure 1: An area mapped with land classification data and an aerial photograph of the same area PDS 4-2024 Appendix 1 Page 645 of 769 Figure 2: Example of the land classification data overlaid on aerial photography PDS 4-2024 Appendix 1 Page 646 of 769 Figure 3: Orchard Canopy in the Greenbelt Plan Area PDS 4-2024 Appendix 1 Page 647 of 769 Appendix 2 PDS 4-2024 Additional Analysis Page 648 of 769 Additional Analysis Geographic Areas TFC distribution within urban areas was analyzed using Census based dissemination areas (DA’s) as the geographical unit for analysis. Results indicate several DA’s where “newer” built out residential areas had been recently established, exhibited lower overall TFC rates. This was not an unexpected result as most street and backyard trees were established post construction and have not matured enough to provide a large canopy. Older established neighbourhoods, especially those characterized by larger lots were generally found to have the highest ratios of TFC coverages (e.g., Figure 1 – the first map is a newly built neighbourhood and the second location is north St. Catharines). Figure 1: Newly developed neighbourhood area with limited canopy coverage contrasted with an older developed neighbourhood with mature canopy coverage DAs with a mix of commercial and residential development typically had low TFC, as the impervious surface class was very high due to parking areas (Figure 2). Rates of TFC across DAs in urban areas varied greatly (i.e., between 3.5% and 69.2% TFC), however this level of geography is valuable for providing an analysis scale appropriate for specific TFC analysis, targeting and goal setting. PDS 4-2024 Appendix 2 Page 649 of 769 Figure 2: DAs characterized by high instances of commercial uses and impervious surfaces, resulting in low TFC rates To characterize the relationship between population density and areas of high TFC within urban areas, the top 20 most densely populated DA’s (persons/hectare – 2021 Census data) were selected. The DA’s had an average 17.8% TFC cover, well below the overall regional canopy average. However, there were a few individual examples throughout the data, of areas with high population densities and strong canopy coverages, demonstrating that in some cases high canopy rates can co-exist in areas of high population densities (Figure 3). PDS 4-2024 Appendix 2 Page 650 of 769 Figure 3: High population density and strong TFC coverage Dissemination blocks (i.e., the smallest geographic area for which population and dwelling counts are shared by Statistics Canada) were also populated with TFC coverage statistics, and qualitatively mapped with a graduated colour scheme to show an increased level of information on TFC rates across urbanized areas (Figure 4). This type of information is valuable for very specific area targeting or analysis and provides greater detail on the level of cohesive coverage across an area. PDS 4-2024 Appendix 2 Page 651 of 769 Figure 4: TFC by dissemination block Potential Planting Area A general approach to determining potential planting area (PPA) estimates is to examine the TFC of an area in relationship with the total grass and non-treed vegetation classification layer. Grass and non-treed vegetation areas represent land where theoretical tree planting opportunities may exist. The soil and bareland layer is typically comprised of agricultural fields, disturbed areas and gravel lots, thus it is not used in this analysis. PDS 4-2024 Appendix 2 Page 652 of 769 To accurately determine possible planting areas, grass and non-treed area data is selected and then certain lands excluded from the classification, including soccer fields, baseball diamonds and other recreational areas, railway and hydro right-of-ways, community gardens and golf courses, etc. The residual coverage is an estimated hectarage of land area that could possibly be converted to TFC. This data can be further assessed by land ownership (i.e., private land or public land) to determine where opportunities should be targeted. An example of this analysis was completed for the urban areas of Fenwick and Beamsville. Potential planting area analysis for Fenwick and Beamsville Urban Area Fenwick Beamsville TFC 36.2% 15.6% Total Area of UA 250.4ha 674.1 ha PPA 95.1 ha 229.6 ha % UA area that is PPA 38.0 % 34.1% PPA on Private Lands 85.4 ha (89.9%) 167.1 ha (72.8%) PPA on Public Lands (Including road ROWs) 9.7 ha (10.1%) 62.5 ha (27.2%) Regional Property Analysis Individual properties owned by the Niagara Region were assessed for overall TFC. This analysis is beneficial to inform the ongoing planting strategies in support of the Regional Greening initiative. The resulting overall average TFC across all Region-owned parcels was 30.5%. PPA was also determined for each property. Properties were grouped by general type with results shown below. Staff anticipate assessing this data in more detail to determine future areas of opportunity for targeted TFC increases. Regionally Owned Properties – TFC and PPA Niagara Region Property Type TFC Grass and non-Treed Vegetation (PPA) Niagara Region Housing 26.7 % 30.1 % Pumping stations/Water treatment plants 23.4% 41.5 % Offices, Police Station, Ambulance Bays, Daycares 13.2 % 38.5 % PDS 4-2024 Appendix 2 Page 653 of 769 Niagara Region Property Type TFC Grass and non-Treed Vegetation (PPA) Vacant lands 42.0 % 38.5 % Other 19.2 % 43.4 % Overall Average 30.5 % 39.2 % PDS 4-2024 Appendix 2 Page 654 of 769 Appendix 3 PDS 4-2024 Ecosystem Services Page 655 of 769 Ecosystem Services Analysis Carbon Storage and Sequestration Carbon sequestration is the process of capturing and storing atmospheric carbon dioxide. Trees act as natural carbon stores by capturing carbon dioxide and storing it in their biomass and in the soil as organic carbon compounds. The region’s TFC carbon storage and gross sequestration rates are estimated as follows: •Carbon Storage: 4,265.2 metric kilotons •CO2 Equivalent: 15,639.2 metric kilotons •Gross Carbon sequestration: 90.2 metric kilotons/yr •CO2 Equivalent: 330.9 metric kilotons/yr The overall valuation of the carbon storage and sequestration ecosystem services from TFC is estimated to be $489.9 million + $10.4 million/yr. These valuation estimates are based on carbon pricing of $114.87/metric ton. Air Quality TFC absorbs carbon dioxide, volatile organic compounds, nitrogen dioxide, and particulate matter, therefore improving air quality. The region’s TFC is estimated to remove 2,757.7 metric tons/yr of pollution: •CO: 15.15 metric tons/yr Carbon Monoxide •NO2: 257.91 metric tons/yr Nitrogen Dioxide •O3: 1,933.98 metric tons/yr Ozone •PM2.5: 107.36 metric tons/yr Particulate matter less than 2.5 microns in size •SO2: 443.31 metric tons/yr Sulphur Dioxide Hydrology Surface runoff from storm events is often amplified in urban areas where impervious surfaces are prevalent. Runoff can gather surface pollutants which can end up deposited in surrounding aquatic ecosystems. TFC has the ability to intercept varying degrees of rainfall. Run off avoidance also contributes to substantial cost reductions to stormwater management controls. The total avoided surface runoff from Niagara Region’s TFC is estimated to be 598,000 m3/yr. Oxygen Production The amount of oxygen produced is directly related to the amount of carbon sequestered by trees. The region’s TFC is estimated to produce 240.6 metric kilotons/yr of oxygen. PDS 4-2024 Appendix 3 Page 656 of 769 Appendix 4 PDS 4-2024 Health Impacts Assessment Page 657 of 769 Logic Model Environmental, economic and social factors that can be impacted by tree canopy and the associated health outcomes are outlined below in Figure 1. A brief summary of recent literature on tree canopy as it relates to the identified health impacts is included below. Impacts of Tree Canopy Determinant of Health Proximal Health Outcomes Environment Economic Impacts Social Factors Urban Heat Island Effect Air Quality Greenspace Climate Change Impact on Healthcare spending Physical Health Mental Health Community Well-Being & Equity Increased physical activity Increased walkability Cardiovascular health Respiratory health Mental health Reduced risk from extreme heat Social wellbeing Stress Distal Health Outcomes Figure 1: Logic Model Assessment of Literature Urban Heat Island Effect and Climate Change The Urban Heat Island Effect is when areas in urban centres experience higher temperatures for longer periods of time, due to the lack of trees and vegetation to cool the areas, additionally these areas are often built with heat-absorbing materials.i This PDS 4-2024 Appendix 4 Page 658 of 769 results in cities becoming hotter than rural areas and can magnify the impacts of warmer temperatures, especially during extreme heat events.ii Temperature increases caused by the urban heat island effect can be counteracted by having a developed tree canopy present.iii Increased canopy cover can reduce overall temperatures in the summer as well as reduce humidex values during a heat wave.iv Serious health hazards can result from an inability to cool down or as a result of continued exposure of extreme temperatures. Swelling, heat rash, fainting and heat stroke can be caused by a heat wave, additionally, pre-existing conditions such as heart disease, kidney disease, asthma, COPD and other lung conditions can be exacerbated by extreme temperatures.v Higher mortality rates and increased use of healthcare services can be seen even during short-term rises in outdoor temperatures.vi Through a heat wave in Quebec in 2018, 86 heat-related deaths occurred.vii Studies have estimated that an increase in temperature of 2 – 3 degrees Celsius can translate into an increase in mortalities due to heat of 4 – 7 percent.viii During periods of extreme heat, increased tree canopy cover can reduce heat stress within neighbourhoods at the street level, this can result in fewer heat-related emergency room visits and heat-related mortalities.ix,x Certain populations are more vulnerable to the impacts of heat waves and may be more likely to experience heat-related illness. Populations including young children, older populations, individuals with pre-exiting health conditions, socially isolated populations, individuals with mobility issues, individuals working outdoors or homeless populations are disproportionately affected by heat-related illnesses.xi As well, lower income populations may live in areas that lack green space, air conditioning and are without access to a pool, further impacting the health effects of extreme heat.xii Individuals facing mobility challenges or who are socially isolated may have a harder time accessing help or moving somewhere cooler. A higher risk may also be experienced by individuals who may have limited access or understanding of information provided by public health such as a heat warning if it is only provided in English and no additional languages.xiii Urban heat islands can be reduced by expanding vegetation cover, increasing surface reflectivity of buildings and paving materials and retrofitting buildings to be more energy efficient xiv Building temperature can be reduced by having large shade trees planted beside them, reducing the need for air conditioning as well as blocking cold winds and lowering the cost of heating.xv A recent study on suburban neighbourhoods in Peel Region found that during a heat wave urban trees could make it feel up to eleven degrees Celsius cooler.xvi Increasing vegetative or grassy surfaces and reducing the amount of pavement or other impervious surfaces can also support decreases in temperatures.xvii A study in Toronto found that neighbourhood canopy cover had a negative correlation with the number of heat-related ambulance calls.xviii Five times as many heat-related calls were seen from neighbourhoods with less than five percent canopy cover PDS 4-2024 Appendix 4 Page 659 of 769 compared to neighbourhoods with greater than five percent canopy cover.xix Fifteen times as many heat-related calls were seen compared to neighbourhoods with over seventy percent tree canopy cover.xx Increased canopy cover could therefore result in reduced heat-related ambulance calls. Canada will continue to see an increase in the number of heat waves that are experienced as temperatures continue to rise due to climate change. Canada will see substantial increases in daily extreme temperatures and an increase in ‘hot days’ where the maximum temperature is over thirty degrees Celsius.xxi By 2051-2080, Canadian urban centres are estimated to experience longer extreme heat events with four times as many days over thirty degrees Celsius.xxii Climate predictions have flagged Niagara Falls – St. Catharines as one of the top ten metropolitan areas that will be at the highest risk for average length of heat waves, highest maximum temperatures and number of very hot days.xxiii Communities need to build climate change resilience into their environments and tree canopy can mitigate the urban heat island effect, providing cooling and protecting people from the heat.xxiv Impact on Healthcare Spending The relationship of tree canopy and extreme heat events has also been shown to impact the usage of health care services or systems. Studies controlling for economic status and demographics have seen lower rates of utilizing mental health services and treatments in communities with higher levels of tree cover and green space.xxv Extreme heat events also cause health system strain through increased number of ambulance calls, increased number of visits to emergency departments and increased usage of telephone helplines.xxvi Tree canopy can also support long term health impacts of populations through the positive effect it has on air quality, with urban tree cover acting as a buffer to airborne pollution.xxvii Increased canopy cover can filter pollutants and improve air quality, positively impacting respiratory health.xxviii This impact is significant as it is estimated that in Canada each year there are approximately 21,000 premature deaths related to air pollution.xxix A study done on the tree canopy in Brampton, Ontario quantified the health benefits of canopy cover by determining their healthcare savings associated with reduced heat, lower levels of air pollutants, increased physical activity and improved mental health, which are all impacted by tree canopy levels.xxx It was estimated that a scenario with a 50 % increase in tree canopy cover (current baseline canopy cover at 18.4% increasing to 27.6% cover) could equal $2,437,363 in healthcare savings and with an 80% increase in canopy cover, savings of $3,175,826.xxxi Physical Health, Mental Health & Greenspace Urban forests have demonstrated positive effects on individual’s health by improving mental health and encouraging the use of greenspace, increasing physical activity and PDS 4-2024 Appendix 4 Page 660 of 769 reducing stress which are associated with preventing chronic diseases.xxxii Studies have demonstrated that a 30% canopy cover can provide health benefits including improved mental health, decreased incidence of heart disease, diabetes and hypertension and reduced feelings of loneliness.xxxiii Mood and stress have been found to be positively impacted by exposure to natural areas including community gardens, forests or parks.xxxiv Green space can impact individual’s social well-being by providing space for individuals to join together and socialize as well as providing opportunities for building community networks through social activities. Higher levels of reported health and well- being, mental well-being and self-reported happiness is positively associated with spending time in a green space.xxxv Additionally, the impact tree canopy has on extreme heat events can also impact health through the mitigation of negative health effects experienced during extreme heat exposure. Increased mood and behavioural distress and exacerbated mental illnesses have been documented from experiencing extreme heat.xxxvi Heat related mental health impacts are more likely to affect seniors, individuals with existing mental health conditions or individuals with chronic diseases.xxxvii Community Well-Being and Equity Health impacts associated with tree canopy may hit certain populations disproportionately. Individuals living on lower incomes are often impacted more significantly during extreme heat events, this can be due to many reasons such as living somewhere without air conditioning, not having access to green space in their neighbourhood or not being able to access a pool.xxxviii The urban heat island effect will also disproportionately magnify health impacts of heat for populations living in urban areas. Social isolation and low-income were identified risk factors for individuals who died during the heat wave in Montreal in 2018.xxxix Public green spaces and tree canopy cover are less accessible to low-income and racialized communities in Toronto, meaning they experience less mitigation of the urban heat island effect.xl These inequities in the availability of tree canopy and greenspace resulting because there is increased access found in affluent areas exacerbates the negative health outcomes experienced by marginalized communities without the protective factors tree canopy provides against heat and air pollution.xli The ability to adapt and be resilient to the effects of climate change on health is also connected to how accessible and available emergency management and public health services are to various communities.xlii With this knowledge of how different communities could be impacted by tree canopy cover, equity can be used as a factor to identify neighbourhoods that may be especially vulnerable to extreme heat. By assessing factors such as income, age, existing canopy and access to supportive community resources such as a pool, identified communities can then be prioritized for future urban tree plantings, and/or protecting of existing canopy.xliii PDS 4-2024 Appendix 4 Page 661 of 769 i HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ ii HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ iii Cohen, M., Burrowes, K. and Gwam, P. (2022). The Health Benefits of Parks and their Economic Impacts; Urban Institute. https://www.urban.org/sites/default/files/2022-03/the-health-benefits-of-parks-and-their-economic- impacts_0.pdf iv Dardir, M., Wilson, J. and Berardi U. (2023). Greenbelt Foundation; Health-Informed Heat Mitigation Approach: Case Study of The Regional Municipality of York. https://assets.nationbuilder.com/greenbelt/pages/14886/attachments/original/1692280509/GBF_HeatMitigation_Sum maryReport_E-ver.pdf?1692280509 v HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ vi Dardir, M., Wilson, J. and Berardi U. (2023). Greenbelt Foundation; Health-Informed Heat Mitigation Approach: Case Study of The Regional Municipality of York. https://assets.nationbuilder.com/greenbelt/pages/14886/attachments/original/1692280509/GBF_HeatMitigation_Sum maryReport_E-ver.pdf?1692280509 vii Health Canada (2020). Reducing Urban Heat Islands to Protect Health in Canada. https://www.canada.ca/content/dam/hc-sc/documents/services/health/publications/healthy-living/reducing-urban-heat- islands-protect-health-canada/Reducing-Urban-Heat-EN.pdf viii Y. Wang, U. Berardi and H. Akbari (2016). Comparing the effects of urban heat island mitigation strategies for Toronto, Canada, Energy and Buildings. Vol 114, P. 2-19. https://doi.org/10.1016/j.enbuild.2015.06.046 ix HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ x Dardir, M., Wilson, J. and Berardi U. (2023). Greenbelt Foundation; Health-Informed Heat Mitigation Approach: Case Study of The Regional Municipality of York. https://assets.nationbuilder.com/greenbelt/pages/14886/attachments/original/1692280509/GBF_HeatMitigation_Sum maryReport_E-ver.pdf?1692280509 xi HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ xii HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ xiii Prairie Climate Centre, University of Winnipeg (2019) Heat Waves and Health: A Special Report on Climate Change in Canada. https://healthydesign.city/wp-content/uploads/2021/06/heat-health-report.pdf xiv Health Canada (2020). Reducing Urban Heat Islands to Protect Health in Canada. https://www.canada.ca/content/dam/hc-sc/documents/services/health/publications/healthy-living/reducing-urban-heat- islands-protect-health-canada/Reducing-Urban-Heat-EN.pdf xv Conway, T. and Scott, J. Urban Forests in a Changing Climate. https://d3n8a8pro7vhmx.cloudfront.net/greenbelt/pages/14604/attachments/original/1600457503/UrbanForestsChang ingClimate_REPORT_E-ver_REV.pdf?1600457503 xvi Conway, T. and Scott, J. Urban Forests in a Changing Climate. https://d3n8a8pro7vhmx.cloudfront.net/greenbelt/pages/14604/attachments/original/1600457503/UrbanForestsChang ingClimate_REPORT_E-ver_REV.pdf?1600457503 xvii Cohen, M., Burrowes, K. and Gwam, P. (2022). The Health Benefits of Parks and their Economic Impacts; Urban Institute. https://www.urban.org/sites/default/files/2022-03/the-health-benefits-of-parks-and-their-economic- impacts_0.pdf xviii Graham, D., Vanos, J., Kenny, N., & Brown, R. (2016). The Relationship between Neighbourhood Tree Canopy Cover and Heat-Related Ambulance Calls during Extreme Heat Events in Toronto, Canada. https://www.sciencedirect.com/science/article/abs/pii/S161886671630348X?via%3Dihub xix Graham, D., Vanos, J., Kenny, N., & Brown, R. (2016). The Relationship between Neighbourhood Tree Canopy Cover and Heat-Related Ambulance Calls during Extreme Heat Events in Toronto, Canada. https://www.sciencedirect.com/science/article/abs/pii/S161886671630348X?via%3Dihub xx Graham, D., Vanos, J., Kenny, N., & Brown, R. (2016). The Relationship between Neighbourhood Tree Canopy Cover and Heat-Related Ambulance Calls during Extreme Heat Events in Toronto, Canada. https://www.sciencedirect.com/science/article/abs/pii/S161886671630348X?via%3Dihub xxi Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN-FINAL.pdf xxii HealthyDesign.City (2021) Heat Islands. https://healthydesign.city/heat-islands/ xxiii Intact Centre on Climate Adaptation, University of Waterloo (2022). Irreversible Extreme Heat: Protecting Canadians and Communities from a Lethal Future. https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwifqc- R_4yDAxUVHTQIHWGLCOAQFnoECAoQAQ&url=https%3A%2F%2Fwww.intactcentreclimateadaptation.ca%2Fwp- content%2Fuploads%2F2022%2F04%2FUoW_ICCA_2022_04-Irreversible-Extreme- Heat.pdf&usg=AOvVaw2lGFommH5J7Bc6SXelxpsJ&opi=89978449 xxiv Dardir, M., Wilson, J. and Berardi U. (2023). Greenbelt Foundation; Health-Informed Heat Mitigation Approach: Case Study of The Regional Municipality of York. https://www.researchgate.net/profile/Umberto- PDS 4-2024 Appendix 4 Page 662 of 769 Berardi/publication/373330495_Health- Informed_Heat_Mitigation_Approach_Case_Study_of_The_Regional_Municipality_of_York/links/64e643300453074fb da9559c/Health-Informed-Heat-Mitigation-Approach-Case-Study-of-The-Regional-Municipality-of- York.pdf?origin=publication_detail&_tp=eyJjb250ZXh0Ijp7ImZpcnN0UGFnZSI6InB1YmxpY2F0aW9uIiwicGFnZSI6In B1YmxpY2F0aW9uRG93bmxvYWQiLCJwcmV2aW91c1BhZ2UiOiJwdWJsaWNhdGlvbiJ9fQ xxv Cohen, M., Burrowes, K. and Gwam, P. (2022). The Health Benefits of Parks and their Economic Impacts; Urban Institute. https://www.urban.org/sites/default/files/2022-03/the-health-benefits-of-parks-and-their-economic- impacts_0.pdf xxvi Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN-FINAL.pdf xxvii Cohen, M., Burrowes, K. and Gwam, P. (2022). The Health Benefits of Parks and their Economic Impacts; Urban Institute. https://www.urban.org/sites/default/files/2022-03/the-health-benefits-of-parks-and-their-economic- impacts_0.pdf xxviii Nowak, D. J., Hirabayashi, S., Bodine, A., & Greenfield, E. (2014). Air pollution removal by urban forests in Canada and its effect on air quality and human health. Urban Forestry & Urban Greening, 13(4), 778-784. doi: 10.1016/j.ufug.2014.05.008 xxix Government of Canada (2021). Health Impacts of Air Pollution in Canada. https://www.canada.ca/content/dam/hc- sc/documents/services/publications/healthy-living/2021-health-effects-indoor-air-pollution/hia-report-eng.pdf xxx Green Analytics Corp., Wilson, J. (2020). Ecohealth Economic Valuation Framework Quantifying the Health Return on Investments in Greenspace; Case Study: Increasing Tree Canopy, Brampton, ON. https://static1.squarespace.com/static/5c3cebfd45776eee4408f72d/t/603b1d6a73d375051e0b4d6f/1614486893019/g b_ecohealth_brampton_casestudy_e-ver.pdf xxxi Green Analytics Corp., Wilson, J. (2020). Ecohealth Economic Valuation Framework Quantifying the Health Return on Investments in Greenspace; Case Study: Increasing Tree Canopy, Brampton, ON. https://static1.squarespace.com/static/5c3cebfd45776eee4408f72d/t/603b1d6a73d375051e0b4d6f/1614486893019/g b_ecohealth_brampton_casestudy_e-ver.pdf xxxii The University of British Columbia (2022). The 3-30-300 Rule. https://magazine.alumni.ubc.ca/2022/spring- 2022/environment-health-humanities/3-30-300-rule xxxiii The University of British Columbia (2022). The 3-30-300 Rule. https://magazine.alumni.ubc.ca/2022/spring- 2022/environment-health-humanities/3-30-300-rule xxxiv Rugel, E. (2015). Green Space and Mental Health: Pathways, Impacts, and Gaps. https://ncceh.ca/sites/default/files/Full_Review-Greenspace_Mental_Health_Mar_2015.pdf xxxv Cohen, M., Burrowes, K. and Gwam, P. (2022). The Health Benefits of Parks and their Economic Impacts; Urban Institute. https://www.urban.org/sites/default/files/2022-03/the-health-benefits-of-parks-and-their-economic- impacts_0.pdf xxxvi Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN- FINAL.pdf xxxvii Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN- FINAL.pdf xxxviii Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN- FINAL.pdf xxxix Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN- FINAL.pdf xl Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN-FINAL.pdf xli Ling, K. (2021). A look at access to green space in Toronto using the 3-30-300 rule for greener cities. https://tspace.library.utoronto.ca/bitstream/1807/109858/1/Capstone%20Paper%20%28K.%20Ling%29.pdf xlii Bush, E. and Lemmen, D.S., editors (2019): Canada’s Changing Climate Report; Government of Canada, Ottawa, ON. 444 p. https://changingclimate.ca/site/assets/uploads/sites/2/2020/06/CCCR_FULLREPORT-EN-FINAL.pdf xliii Perrotta, K. (n.d.). Weaving Equity into the Region of Peel’s Tree Planting Priorities. https://healthydesign.city/weaving-equity-into-the-region-of-peels-tree-planting-priorities/ PDS 4-2024 Appendix 4 Page 663 of 769 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls Email: integrity@adr.ca MICHAEL L. MAYNARD Investigator Office of the Integrity Commissioner Email: mmaynard@adr.ca March 12, 2024 SENT BY EMAIL TO: Mr. Joedy Burdett – info@niagaratinting.com AND TO: Councillor Wayne Campbell – wcampbell@niagarafalls.ca Re: IC-23621-0423 Burdett re: Campbell Delegation of Investigative Powers Pursuant to a written delegation of powers dated April 24, 2023, Edward T. McDermott ("Mr. McDermott, "Integrity Commissioner", or "IC"), in his capacity as Integrity Commissioner for the City of Niagara Falls ("Niagara Falls" or “The City”), delegated to Michael L. Maynard (“Mr. Maynard" or the "Investigator") pursuant to section 223.3(3) of the Municipal Act, 2001. S.O. 2001, c. 25, (“Municipal Act”) certain of his powers and duties as Integrity Commissioner to inquire into and assist him in preparing a report ("Report") with respect to the complaint submissions ("Complaint") of Mr. Joedy Burdett ("Complainant") against Councillor Wayne Campbell (“Respondent” or “Councillor”) as described herein. Page 664 of 769 2 The Complaint The Complainant submitted, on April 6, 2023, a wide-ranging Complaint concerning various (and often unconnected) matters involving the Respondent, Councillor Wayne Campbell and his actions as a Councillor and appointed Member of the Niagara Falls Downtown Board of Management (“BIA” or “Downtown BIA”), which allegedly occurred between February 27 and approximately mid-March 2023. In his 28-page submissions, as amended, the Complainant made the following allegations relative to the City’s Code of Conduct (as well as various allegations about a Code which he purported to have been adopted by the BIA), which are summarized as follows:  The Councillor prevented a member of the public from attending and recording an open meeting of the Niagara Falls Downtown BIA, a local board.  The Councillor publicly disclosed confidential financial information during a council meeting concerning the Niagara Falls Downtown BIA, a local board.  The Councillor publicly disclosed confidential personal information during a council meeting concerning the Executive Director of the Downtown BIA.  The Councillor improperly influenced the actions or decisions of staff or others to the private advantage of the Executive Director of the BIA.  The Councillor publicly made detrimental comments on social media concerning the Niagara Falls Downtown BIA, a local board. Preliminary Issues A significant portion of this Complaint is directed to the alleged contravention of a Code of Conduct purportedly adopted by the BIA. Prior to initiating this Complaint, the Complainant wrote to the IC and inquired if he had jurisdiction over such a matter. After reviewing this matter with the City, it was clear that no such Code had been authorized or approved by Council. On March 6, 2023, the IC clearly advised the Complainant he had no jurisdiction over the Code of Conduct allegedly adopted by the Downtown BIA without the approval of Council. Notwithstanding this advice, the Complainant still asserted in the Complaint that the BIA Code had been violated in numerous respects (as well as the City’s Code). Page 665 of 769 3 Subsequently, in June 2023, the City passed a by-law to authorize the IC to inquire into Complaints of contravention of the City’s Code of Conduct by Members of Local Boards. The Code asserted by the Complainant to have been adopted by the BIA was never produced in full and in any event, it was never authorized by Council or assigned to the City’s Integrity Commissioner to deal with alleged violations thereof. The Integrity Commissioner accordingly reiterates his response of March 6, 2023, to the Complainant that he has no jurisdiction to deal with any Complaint that a Code adopted by the BIA (if that occurred) has been contravened in February 2023. We observe that, at the time of the alleged contraventions of the BIA Code, the BIA would arguably have its own by-laws. Meeting procedures would be administered and governed by the BIA Chair as independent parliamentary proceedings. Accordingly, all of the Complaints in this matter that any provision of a BIA Code have been violated are hereby dismissed. Unenforceable Provisions of City Code The Complainant also included a variety of unenforceable provisions in his Complaint. As has been noted by this Office before (in various decisions involving the Complainant), preamble sections such as the “Purpose and Principles” section of the Code are not enforceable. This was set out clearly in our September 1, 2023, decision in Niagara Falls matter IC-25822-0823 – Burdett Omnibus Complaint re: Members of Council, which cited various decisions including Thomson re: Chiocchio (2023, Welland), Singh v. Sprovieri, 2018 ONMIC 20, Jacobs v. Gardhouse, 2021 ONMIC 1, and others in support of this principle of interpretation. Accordingly, as established in existing precedent, to the extent any of the Preamble sections were cited in the Complaint, they are dismissed. Investigation Processes There is no question that the ordinary processes for investigating a Complaint under the City’s Code of Conduct have taken a lot of time and effort in this matter to conclude. It should be noted that in its essence, this is a Complaint against Councillor Campbell for his alleged conduct as an appointed member (by Council) to a City-supported Board of a Downtown Business Improvement Area (BIA). That entity is generally composed of representatives of local businesses in the BIA and is formed to help promote those Page 666 of 769 4 businesses. The role of the Councillor is to assist the Local Board and serve as Council’s representative on the BIA which receives some annual funding from Council. In the case of the Downtown BIA (which is separate from the Fallsview BIA), it was for a number of reasons dissolved by Council on or about March 21, 2023, and has not been reconstituted. It accordingly no longer existed as of the date of filing this Complaint and up to and including the release of this decision. Unhappily, this Complaint did not end with that event, and accordingly had (under the provisions of the Municipal Act and the City’s Code of Conduct) to be processed. This resulted in contending with a multitude of issues and obstacles each of which required considerable time and effort on the part of this Office to resolve in order to advance this matter to a conclusion: In April 2023, the Complainant filed two voluminous separate and independent Complaints against two different Councillors (including this Complaint against Councillor Campbell) as one Complaint. He was required by the Integrity Commissioner to separate and re-file them for a number of reasons including the issue of confidentiality as between totally disparate matters involving independent parties. This process took the Complainant some time (until June 2023). Several other issues with respect to the investigation process then had to be addressed with the Complainant.  Once the Complaints were separated, a procedural issue arose with the Complainant involving the filing fee required under the City’s Code to process each separate Complaint, which took quite some time to resolve (into September 2023).  On July 27, 2023, the Complainant launched a Complaint under the City’s Code against all 9 Councillors (including Councillor Campbell) asserting numerous violations of the Code some of which overlapped with issues in this Complaint. By decision dated September 1, 2023, these Complaints were all dismissed as, inter alia, being frivolous, vexatious and made in bad faith.  At the end of August, the Complainant publicly announced to (inter alia, Council and the media) that he had filed an unspecific Complaint with the Law Society of Ontario against the Integrity Commissioner and his delegate Mr. Maynard relative to this and other Complaints made by him against Members of Council and requesting Messrs. McDermott and Maynard recuse themselves from these Page 667 of 769 5 matters. The requests were refused for the reasons set forth in our decision of September 1, 2023.  In September/October 2023 we were notified of and responded to a Complaint made by the Complainant to the Office of the Ombudsman relative to our decision on the issue of the requirement to pay the filing fees provided for under the Code for each Complaint filed.  A number of relevant parties (including the Integrity Commissioner) struggled with Covid issues during this period.  Throughout much of this period, the Councillor was (until December 2023) unable to file a Response to the Complaint for personal reasons we considered justifiable.  On December 29, 2023, the Integrity Commissioner provided the Complainant with the Response to the Complaint his Office had received from the Councillor in mid-December 2023.  On January 3, 2024, the Complainant issued a letter to ADR Chambers with a copy to the IC attacking the IC’s integrity and professionalism and demanding the IC be recused from this proceeding. That demand was rejected by the IC and ADR Chambers.  On January 18, 2024, the Complainant wrote to ADR Chambers demanding the IC provide him with documents sent by the IC to the Councillor (i.e., the separated Complaint received from the Complainant in June 2023) in order to receive the Councillor’s Response (as required by the Code). The Complainant threatened to report the IC to the “appropriate authorities” if his demand was not complied with. As can be seen from the foregoing, the time, effort and resources required to process this matter has been considerable, notwithstanding that the Complaint focuses on allegations relating to the actions of Councillor Campbell with respect to his appointed role to a now defunct BIA. Evidence and Analysis We will now present the various claims advanced by the Complainant under the City’s Code of Conduct and provide our analysis thereof. Page 668 of 769 6 Re: Prevented a member of the public from attending and recording a BIA meeting Mr. Burdett contends that Councillor Campbell is liable for the fact that he (Mr. Burdett) was not called back to a BIA meeting when it moved into a public session, despite his specific request that he be notified so he could attend. He asserts that on February 27, 2023, he attended the Niagara Falls Downtown BIA meeting at approximately 5:15 p.m. and was told that the meeting was in its in-camera portion. He “conveyed [his] desire to return to observe the open portion of the meeting,” and it was agreed that he could leave his contact information in order to be called back at the appropriate time. He left, then returned a minute later to advise that he would be recording the meeting. He left again. He was not called back to the meeting. The Complainant alleges that Councillor Campbell “not only failed to ensure that [he] was recalled,” but asserted his “belief” that [Councillor Campbell] holds considerable animosity towards [him] and used his political influence … to prevent the Board from recalling [him].” He added that another Board member who was present during the in- camera portion of the meeting told him that Councillor Campbell “expressed great hostility towards [him] and [his] returning to the meeting,” (though he provided no specifics about what the Councillor allegedly said; did not provide us with the name of this individual until February 5, 2024, some ten months after the Complaint was originally filed; and when he did come forward with a name, he also asked us to keep this information from the Respondent Councillor). Based on the above allegations, the Complainant asserts that either Councillor Campbell’s inaction (i.e., failure to recall him) or his actions (i.e., arguing against recalling him) breached the Complainant’s rights and consequently breached the Code. This claim is similar to another previous claim1 filed by the Complainant against various Members of Council including Councillor Thomson in which the Complainant claimed that Councillor Thomson had a duty to advise him of when Fallsview BIA meetings would be held. That matter was reported to Council in our decision dated September 1, 2023. In that matter, we found that the Councillor appointed to the BIA is not solely responsible for decisions of that BIA, and in particular, is not personally responsible for ensuring that someone receives personal service from the appointed Councillor. 1 Burdett Omnibus Complaint re: Members of Council Page 669 of 769 7 While it may be regrettable that the BIA agreed to recall Mr. Burdett and then apparently failed to do so, that is hardly something which can be pinned squarely on Councillor Campbell’s shoulders, and certainly not in the context of making a Code of Conduct finding against him. First, Councillor Campbell was not the Chair of the BIA. He certainly had no particular or specific duty to recall Mr. Burdett or direct that it be done (or not done). Second, while Mr. Burdett holds a “belief” that Councillor Campbell used his political influence to prevent Mr. Burdett from returning to the meeting, there is no evidence that proves such a claim. The evidence advanced by the Complainant does not establish that the Board’s failure to recall Mr. Burdett was a decision made as a direct result of anything Councillor Campbell did or said. To the contrary, the evidence we did obtain from witnesses with firsthand knowledge demonstrates that Councillor Campbell had nothing to do with it. While the Complainant states that Councillor Campbell was “adamant” about not recalling him to the meeting, a witness2 advised us directly that Councillor Campbell was not involved in any decision involving the recall of the Complainant, and in fact there was no such “decision” at all. We understand from this witness that the failure to recall Mr. Burdett was simply a case of the Board forgetting to do it. A second witness recalled that once the BIA Board came out of their in-camera session, there was not much of a meeting at all, and the Board simply adjourned. This witness was unsure about whether anyone called Mr. Burdett. This second witness also confirmed that there was no discussion about recalling (or not recalling) Mr. Burdett. It should be noted that we reached out to members of the Downtown BIA Board who were purportedly present at the meeting in question, including the one recently suggested by the Complainant himself (whose name he did not want revealed to the Respondent Councillor). Most of them (including Mr. Burdett’s proposed witness) did not return our requests to contact us. However, two third-party witnesses present at the meeting confirmed that Councillor Campbell had nothing to do with the Board’s failure to recall Mr. Burdett, which was seemingly an oversight and nothing more. Councillor Campbell should not be held personally responsible for something the entire Downtown BIA Board did or neglected to do. Lastly, the Complainant asserts that the Respondent engaged in “harassment”. Not providing him with the personal service of a recall to a meeting for whatever reason – 2 Any third-party witnesses referred to in this report are known to the Integrity Commissioner’s Office but are anonymized in this report to protect their privacy. Page 670 of 769 8 which is not a duty that the Councillor owed to Mr. Burdett, whatever Mr. Burdett’s feelings may be – does not constitute harassment by any measure. In addition, though Mr. Burdett claimed that someone told him privately that Councillor Campbell said hostile things about Mr. Burdett, no specifics as to what was said, nor as to how such things constitute “harassment”, was provided in evidence. Furthermore, the individual to whom these things were allegedly said did not respond to our email or telephone call requesting that he contact us for an interview. Re: “Publicly disclosed confidential financial information” The Complainant stated that Councillor Campbell made a comment at the City Council meeting of February 28, 2023, that the Downtown BIA was “on the verge of bankruptcy” and contends that such a statement is a breach of confidentiality owed to the BIA. He further asserted that such a comment impugned the professional reputation of the Executive Director of the BIA. There is, however, no substance to the claim that such a statement is actually a breach of confidentiality. Indeed, during that same meeting of Council, the City’s CAO suggested that “bankruptcy” was not technically the correct term, and that the BIA rather likely had a cash flow issue. We also understand from a direct witness that the BIA had discussed its financial picture in an open session prior to this Council meeting, including particularly that it had a limited amount of operating cash that would soon dry up. The Councillor’s broad comment about “bankruptcy” – while not technically correct – was also not “confidential information”. Colloquially overstating the point is not a Code breach. Finally, the Council was openly discussing the BIA’s financial situation and budget, including the question of lending City funds to the BIA (referred to at one point in the meeting as a “lifeline”), so the financial picture was necessary information to discuss. Engaging in deliberations about the cash situation of the BIA is not an example of “maliciously or falsely impugning” its Executive Director’s professional or ethical reputation. Of key importance is that such provision in the Code requires the impugning to be “malicious” or “false”. There is no indication that either of those apply to these circumstances. The Complainant has, quite simply, failed to make any case on this point. The evidence does not support his conclusions on a balance of probabilities. Page 671 of 769 9 Re: “Publicly disclosed confidential personal information about an individual” The Complainant alleged that Councillor Campbell disclosed confidential personal information about the mental “condition” of the Downtown BIA’s Executive Director by describing her during the Council meeting of February 28, 2023, as “messed up” due to various circumstances facing her in that role. These circumstances apparently included threats to the BIA Office. Councillor Campbell’s description of these events and the impact thereof is not, on its face, a disclosure of anything. The difficult situation facing the BIA and its staff was public knowledge. The Councillor’s personal observation that the Executive Director was suffering emotionally or mentally as a result of such things is not a disclosure of a private medical condition. Moreover, it was relevant information to the discussion at hand. It is apparent that Councillor Campbell was speaking in defence and support of the Executive Director, and we observe that this individual has not approached our office with any concerns about a breach of privacy or decorum. In our view, this Complaint is frivolous and without merit. It requires no further investigation or analysis. Re: “improperly influenced the actions or decisions of staff or others to the private advantage of the Executive Director of the BIA” Having made the argument that the Respondent Councillor impugned the character of the Executive Director, the Complainant’s next argument is that the Councillor improperly influenced others to the Executive Director’s private advantage. The Complainant states that Councillor Campbell recommended to Council that the Executive Director be appointed to serve as liaison for the Downtown BIA to City Council, while this role at the time belonged to the Chair of the BIA. He asserts that this recommendation was an attempt to “supersede the unique roll [sic] of the chairman clearly defined within the BIA Constitution…”. The Complainant included as evidence a private email from Councillor Campbell to the Downtown BIA’s Executive Director which he asserts was “dropped off anonymously” in his mailbox. In this email, the Councillor indicates his support for the Executive Director; provides the Executive Director with some strategic advice concerning meeting management; asks for evidence of any instances where the Downtown BIA failed to follow its by-laws; and suggested he would “use this information to make them look like the assholes that the majority of the board has turned out to be.” We observe that this email was included as evidence of the Councillor “conspiring Page 672 of 769 10 insurrection” which he claims is a breach of conduct (section 3) and various other Code provisions. The Complainant also claims that the Councillor attempted to “coerce” the Executive Director “into following his agenda to disrupt the normal functions of the Downtown BIA board.” This complaint fails for several reasons: First, the notion that giving a staff person extra work to do is somehow a “private advantage” is dubious at best. There is no advantage (i.e., a benefit above and beyond those of any other ordinary individual) being contemplated or offered. Second, City Councillors appointed as Council’s representatives to a Local Board are well within their rights to suggest policy recommendations affecting Council’s relationship with the Local Board for its consideration. Advancing modifications of existing policy is not grounds for launching a Code Complaint. The Complainant’s arguments are unsound at best, and quite likely frivolous and vexatious. They are dismissed for all of those reasons. We do observe that the language in the private email to the Executive Director (quoted above) is somewhat salty and, one could reasonably argue, lacking in professionalism. However, taken in context, it is a private email between two individuals, stated by the Councillor to be kept confidential, but which was apparently obtained and leaked to the Complainant by an unknown person. Moreover, the Complainant makes no specific, separate allegation about the language of this email. He simply suggests that it is proof of collusion to bolster his argument that the Councillor was trying to give a “private advantage” to the Executive Director, or in some way improperly elevate that individual beyond their station, or otherwise commence an “insurrection” against the Board – either to the Executive Director’s private advantage, or perhaps by coercing her into participating in his own personal agenda (the Complainant somewhat bafflingly makes both arguments). In any event, for reasons already stated, this is a nonsensical argument. Accordingly, there is no finding to be made in respect of this email. It should suffice to point out to the Councillor that he should be more careful to use appropriate language in such communications. Re: publicly made detrimental comments on social media concerning the … Downtown BIA. The Complainant included a screenshot of a Facebook post by Councillor Campbell (dated March 16, 2023) in which he states: “So look at what is happening right now!!!! The present board can’t even access their bank accounts [shocked face emojis].” Page 673 of 769 11 The Complainant claims that this is a release of confidential information; that it maliciously or falsely impugns the reputation of staff; and that it breached various provisions of the BIA’s policies (which are not at issue for reasons already stated). He also asserted that the Councillor’s comments were generally detrimental to the BIA, though there is no specific Code provision attached to this broad observation. A third-party witness with knowledge of the situation advised us that this information was not privately or confidentially communicated to the Councillor, who had also apparently resigned his position on the BIA before he made this post. Accordingly, this information was likely either in the public sphere or the Councillor heard it in an unofficial capacity. Either way, it was not “confidential information” which he received in any official capacity as a Member of the BIA board, and there is no evidence to suggest otherwise. Moreover, none of this “falsely or maliciously impugns” anyone’s reputation. We understand that the bank accounts were not accessible for a period of time, which means the statement is correct. There is no evidence of malice towards the Executive Director in stating this fact. This is a frivolous, unsupported, and unreasonable argument for the Complainant to make. Decision For all of the above reasons, the Integrity Commissioner and Mr. Maynard concur that the Respondent Councillor did not breach the Code of Conduct and this Complaint is dismissed. To put it plainly, the Complainant failed to prove his case on a balance of probabilities that any such breach occurred. We would also point out that over the course of making the various disjointed arguments in his Complaint, the Complainant referenced dozens of Code sections, many of which are barely relevant or totally inapplicable to the circumstances, never mind that they simply were not breached. We do not find it necessary to incur the expenditure of more public resources detailing the reasons for dismissing each Code reference by way of an itemized list. In all the above cases, the overall arguments put forth by the Complainant are disjointed and without any or sufficient evidence to establish his own unfounded conclusions. In accordance with section 17.9 of the Code, this report will be issued to Council and placed by the City Clerk on the public agenda. Page 674 of 769 12 This matter is now concluded. Yours very truly, _____________________ __________________ Edward T. McDermott Michael L. Maynard Integrity Commissioner, Investigator City of Niagara Falls Page 675 of 769 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls integrity@adr.ca March 12, 2024 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: Complaint Reference Number IC-23621-0423 (Burdett/Campbell) Dear Mr. Matson: I am enclosing herewith our Report and Decision in connection with the above noted Complaint under the City’s Code of Conduct. In accordance with the provisions of the Code, would you please place this Report on the public agenda for Council as soon as is reasonably practicable. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner, City of Niagara Falls Page 676 of 769 Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 / 1- 800-263-1830 - Complaints Line | Ligne des plaintes Facsimile/Télécopieur : 416-586-3485 TTY/ATS: 1-866-411-4211 Email/Courriel : info@ombudsman.on.ca www.ombudsman.on.ca BY EMAIL Council for the City of Niagara Falls c/o Bill Matson, Clerk 4310 Queen Street Niagara Falls, Ontario L2E 6X5 March 1, 2024 Dear Members of Council for the City of Niagara Falls: I am writing further to my letter dated February 21, 2023, in which I strongly urged the City of Niagara Falls to remove its $500 fee to complain to the Integrity Commissioner. I also provided best practice suggestions regarding the content of the City’s Code of Conduct. I understand that council accepted some of my suggestions regarding the Code, but maintained the $500 fee to make a complaint. As a result, members of the public in Niagara Falls continue to face this barrier to raising concerns under the Code of Conduct. In August 2023, my Office received a new complaint regarding the City’s complaint-filing fee. The complainant told us that after raising concerns to the Integrity Commissioner regarding more than one issue and member of council, they were told that they would have to pay the $500 fee for each separate issue raised. During our review of this complaint, we identified concerns related to the City’s administration of this filing fee. Further to my staff’s discussions with the Integrity Commissioner on October 6, 2023 and the City Clerk on December 5, 2023, I am writing to share these concerns with council and urge the City to take steps to address them. There should be no fee charged to complain to the Integrity Commissioner In my February 21, 2023 letter, I noted that the fee may have been introduced to cover expenses and deter frivolous and vexatious complaints, or complaints lacking adequate grounds for an investigation. I advised council that there should be no fee or other barrier to make a complaint to the Integrity Commissioner as it penalizes complainants for exercising their statutory rights, and may prevent legitimate complaints from being brought forward due to concerns about financial cost. I explained that frivolous and vexatious complaints are best addressed by empowering the Integrity Commissioner to dismiss such complaints on their individual facts, instead of relying on an overly blunt barrier to access. Page 677 of 769 Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 / 1- 800-263-1830 - Complaints Line | Ligne des plaintes Facsimile/Télécopieur : 416-586-3485 TTY/ATS: 1-866-411-4211 Email/Courriel : info@ombudsman.on.ca www.ombudsman.on.ca 2 A staff report from June 2023 suggested that council increased the fee from $200 to $500 in 2021 in response to a series of “unfounded complaints.” On June 20, 2023, in response to my letter, council voted to maintain the $500 filing fee. My 2022-2023 Annual Report highlighted my letter to council, and noted that in light of the City’s decision to maintain the $500 fee, I would continue to monitor the situation closely: The Ombudsman wrote to council for the City of Niagara Falls in February 2023, in light of complaints that the integrity commissioner did not have authority to investigate complaints about local board members. The city had also barred non - residents from making a complaint and charged a $500 fee to file a complaint with the integrity commissioner. The Ombudsman explained that the law requires all municipalities to appoint an integrity commissioner, or make the services of an integrity commissioner available to address complaints about local board members, and urged the city to eliminate the fee and residency requirement. The council subsequently voted to extend the code to apply to local board members, but left the $500 fee and the residency requirement in place. Our Office will continue to monitor this situation and stands by the Ombudsman’s position that all municipalities should remove such unnecessary and heavy-handed barriers to making complaints (page 34). In 2023, my Office published two comprehensive guidance documents regarding codes of conduct, complaint and inquiry protocols, and appointing integrity commissioners - one for municipalities and one for integrity commissioners themselves. As explained in our Guide for Municipalities: There should be no barriers to making a complaint to the integrity commissioner, such as fees or onerous administrative requirements (e.g., requiring complainants to swear an affidavit). Municipalities sometimes impose such conditions in an attempt to discourage frivolous and vexatious complaints. Instead, they should address this concern by giving integrity commissioners discretion to dismiss complaints for these reasons. The Ombudsman has strongly and repeatedly denounced the practice of charging a complaint fee because it penalizes complainants for exercising their statutory rights and may prevent legitimate complaints from being raised. He has noted that it is “entirely inconsistent with the primary intent of the integrity commissioner scheme, which is to foster democratic legitimacy and public trust at the local level.” A number of municipalities have removed their fees and changed their codes of conduct in light of this position. Page 678 of 769 Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 / 1- 800-263-1830 - Complaints Line | Ligne des plaintes Facsimile/Télécopieur : 416-586-3485 TTY/ATS: 1-866-411-4211 Email/Courriel : info@ombudsman.on.ca www.ombudsman.on.ca 3 These resources are available on our website at: https://www.ombudsman.on.ca/resources/brochures,-posters-and-resources/municipal- resources If the City charges a filing fee, its administration of the fee must be transparent and consistent I continue to urge the City of Niagara Falls to remove the $500 filing fee. If the City continues to charge the fee, it should clarify internally how the fee is administered, and make this information available to the public. When we spoke with City staff and the Integrity Commissioner, they indicated that the Commissioner has the discretion to determine whether a complaint should be considered a single matter, or split into multiple complaints, each attracting the $500 fee. The City has not adopted any guidelines or policies to guide this determination, or communicated to the public that a single complaint might be split. In other municipalities, Integrity Commissioners may exercise their discretion to split a complaint and address aspects separately. Where no complaint fee is charged, this exercise of discretion does not generally impact the complainant. The City of Niagara Falls’ decision to charge a substantial fee to complain means that such complaint-handling decisions can have a significant negative impact on the public. Given the implications of the fee on the public, the City should reflect this discretion in its Code of Conduct, on its website, and on its Code of Conduct Complaint Form. The public should understand how complaints will be assessed and should be aware that the Integrity Commissioner may exercise their discretion to ask a complainant to separate their complaint and file additional fees. Procedural fairness dictates that the Integrity Commissioner should be required to explain in writing the reasons for any such decision . Not only will this allow members of the public to make an informed decision before filing a complaint with the Integrity Commissioner, it will also save the City the cost of having staff and the Commissioner respond to requests for clarification regarding the practice. Conclusion I continue to urge the council to eliminate the fee to complain to the Integrity Commissioner, in the interest of increasing transparency and accountability in the City of Niagara Falls. Page 679 of 769 Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 / 1- 800-263-1830 - Complaints Line | Ligne des plaintes Facsimile/Télécopieur : 416-586-3485 TTY/ATS: 1-866-411-4211 Email/Courriel : info@ombudsman.on.ca www.ombudsman.on.ca 4 If the fee is maintained, the City should provide additional clarification for staff, the Integrity Commissioner, and the public regarding how the fee is to be administered, including whether complaints may be split by the Commissioner and any additional filing fees that may be charged. Yours truly, Paul Dubé Ontario Ombudsman Page 680 of 769 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: March 19, 2024 Re: Letter from Ombudsman You will see that the Ontario Ombudsman, Paul Dube, has once again written to this Council asking that you eliminate the $500 filing fee imposed to submit a Code of Conduct complaint to the Integrity Commissioner. This was also a request earlier this term when Council chose to receive and file the Ombudsman’s letter. Even since imposing the $500 fee, taxpayers have spent in excess of $75,000 for investigations conducted by the Integrity Commissioner on complaints that have been filed, none of which have shown any violations. Staff are of the belief that the costs for investigations would be substantially higher should Council decide to do away with the fee required to file a Code of Conduct complaint and that known abusers of the system would no doubt increase their submissions. Staff will be reporting back to Council with further information on this matter at a forthcoming meeting of Council. Recommendation: That Council RECEIVE this memo for information. Page 681 of 769 February 28, 2024 City of Hamilton Haldimand County Regional Municipality of Niagara Local Area Municipalities SENT ELECTRONICALLY Report No. FA-07-24 RE: NPCA Annual General Meeting 2024 At the Board of Directors meeting held on February 16, 2024, the Board passed the following recommendation: Resolution No. FA-09-24 THAT Report No. FA-07-24 RE: NPCA Annual General meeting BE RECEIVED; AND THAT the NPCA Annual General Meeting BE SCHEDULED April 19, 2024 as an exemption to the NPCA Administrative By-Law; AND FURTHER THAT the NPCA Meeting Schedule approved December 15, 2023 BE REVISED and circulated to participating local area municipalities for information. The revised NPCA Board of Directors’ Meeting Calendar has been attached, along with a copy of Report No. FA-07-24 for your reference. Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority cc: Chandra Sharma, CAO / Secretary - Treasurer Gina Shaule, Administrative Assistant, Corporate Administration Page 682 of 769 NPCA Board of Directors’ Meeting Calendar 2024 Approved February 16, 2024 Full Authority Board Meeting Governance Committee, following Full Authority Public Advisory Committee Finance Committee Statutory Holiday / Office Closure January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April May June S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 July August September S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13*14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Page 683 of 769 NPCA Board of Directors’ Meeting Calendar 2024 Approved February 16, 2024 Full Authority Board Meetings Friday February 16 Friday, March 22 Friday, April 19 – Annual General Meeting Friday, May 17 Friday, June 21 Friday, July 19 Friday, September 20 Friday, October 18 Friday, November 15 Friday, December 13 *(if required) Note: there will be a Source Protection Authority Board meeting scheduled for Friday April 19th to coincide with the Full Authority Board meeting. Committees of the Board Finance Committee Meetings Wednesday, April 3 Wednesday, July 24 Wednesday, September 25 Governance Committee Meetings Friday, February 16 Friday, May 17 Friday, October 18 Public Advisory Committee Meetings Tuesday, February 27 Tuesday, May 28 Tuesday, September 17 Tuesday, November 26 Page 684 of 769 Report No. FA-07-24 NPCA 2024 Annual General Meeting Page 1 of 2 Report To: Board of Directors Subject: NPCA Annual General Meeting 2024 Report No: FA-07-24 Date: February 16, 2024 ______________________________________________________________________________ Recommendation: THAT Report No. FA-07-24 RE: NPCA Annual General Meeting 2024 Meeting BE RECEIVED; AND THAT the NPCA Annual General Meeting BE SCHEDULED April 19, 2024 as an exemption to NPCA Administrative By-Law; AND FURTHER THAT NPCA Meeting Scheduled approved December 15, 2023 BE REVISED and circulated to participating and local area municipalities for information. Purpose: This report seeks approval from the Board of Directors to change the 2024 Annual General Meeting (AGM) date to April 19, 2024, as an exemption to NPCA’s Administrative By-Law. Background: As per Section 3.1 of the NPCA Administrative By-Law “The annual meeting of the NPCA Board will occur on the third Friday of February.” At the December 15, 2023 meeting of the Board, members verbally agreed to move the AGM to coincide with the grand opening of the Authority’s head office relocation at 3350 Merrittville Hwy in March 2023. Discussion: The NPCA Head Office Transition Team has been working diligently on a seamless relocation for staff and regularly provides status updates internally. It was recently Page 685 of 769 Report No. FA-07-24 NPCA 2024 Annual General Meeting Page 2 of 2 indicated that work required to ensure technological requirements are in place and tested would not be completed to appropriately facilitate the AGM at the new location by March 22, 2024. Staff anticipate that all work required will be completed in early April and suggest that the Board consider revising the date of the AGM to April 19, 2024. The proposed April 2024 date also coincides with the 65th anniversary of the establishment of NPCA in April 1959, presenting an excellent opportunity to include the celebration along with the head office relocation. The recommendation does not alter the number or frequency of meetings for the Board. Full Authority Meeting would carry on as scheduled for both February 16, and March 22, 2024. Financial Implications: There are no financial implications pertaining to the proposed recommendations. Links to Policy/Strategic Plan Recommendations outlined in this report promote Organizational Excellence by promoting transparency and effectively communicating scheduling changes with participating and local area municipalities. Related Reports and Appendices: Report No. FA-51-23 RE: Board of Directors’ 2024 Meeting Schedule Authored by: Original Signed By: Melanie Davis Manager, Office of the CAO & Board Submitted by: Original Signed By: Chandra Sharma Chief Administrative Officer/Secretary-Treasurer Page 686 of 769 Resolution The Corporation of the Town of Cobourg 1 All Ontario Municipalities Town of Cobourg 55 King Street West, Sent via email Cobourg, ON, K9A 2M2 clerk@cobourg.ca Town of Cobourg March 8, 2024 RE: Correspondence from the Architectural Conservancy Ontario regarding Proposed Amendment to Subsection 27(16) of the Ontario Heritage Act with respect to the removal of listed (non-designated) properties from municipal heritage registers Please be advised that the Town of Cobourg Council, at its meeting held on February 28, 2024, passed the following resolution: WHEREAS subsection 27(16) of the Ontario Heritage Act stipulates that any non- designated heritage property listed on the municipal register of properties as of December 31, 2022 shall be removed from the municipal register on or before January 1, 2025, if the council of the municipality does not give a notice of intention to designate the property under subsection 29(1) of the Ontario Heritage Act on or before January 1, 2025; and WHEREAS since January 1, 2023, municipal staff and members of the municipal heritage committee in the Town of Cobourg have been diligently working to: review the municipal heritage register; research the heritage value and interest of listed (non-designated) properties; review and research the heritage value and interest of non-designated properties; contact owners of such properties; determine which properties should potentially be designated in accordance with the provisions of Section 29 of the Ontario Heritage Act; and take all required steps to designate such properties; and WHEREAS the above-noted work involving 213 listed properties in the Town of Cobourg is extremely time-consuming and cannot be completed by December 31, 2024 with the limited municipal resources available. Page 687 of 769 Resolution The Corporation of the Town of Cobourg 2 NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Cobourg authorize the Mayor to promptly send a letter to Doug Ford, Premier of Ontario, and Michael Ford, Minister of Citizenship and Multiculturalism, requesting that Subsection 27(16) of the Ontario Heritage Act be amended to extend the above- noted deadline for five years from January 1, 2025 to January 1, 2030; and FURTHER THAT Council direct staff to forward this resolution to all 443 municipalities in Ontario seeking support of the ACO correspondence. Sincerely, Kristina Lepik Deputy Clerk/Manager, Legislative Services Page 688 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 City of Niagara Falls Affordable Housing updated Report 488 Days 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, 488 days Council Members, 488 failures ... Page 689 of 769 2 Page 690 of 769 3 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 691 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 Mayor Diodati and Councilor Strange comments concerning 15,000 students updated Report 460 Days Council, [1] 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. [2] 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. [3] 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. [4] It has been 460 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown. [5] The claim remains false. [6] The current occupancy, as researched, is 0. Page 692 of 769 2 Page 693 of 769 3 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 694 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 Mayor Diodati comments concerning Development Downtown updated Report 807 Days Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "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." [3] "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." [4] 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. [5] 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. [6] It has been 807 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 695 of 769 2 Page 696 of 769 3 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 697 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 MW-2024-15 (Report added) Special Event Parking Rates and Fines Council, This reads like this city is in the business of making parking fee and fines into a viable business. I know times are tough but come on now, is it so bad that the city now has to be " competitive" with hotels and have a "revenue opportunities are maximized" mentality. If I understand the principal of fees and fines when it comes to parking, it is not to promote the ability of other parking facilities to justify their charges. The argument that it must be self-supporting financially is weak. Like a non-profit, as long as you spend it, you can collect as much as you want. The city could just hire more staff to give out more fines and justify the increases to the fees and fines to pay for the extra staff. Parking fees and fines needs to be fair, you are constantly burdening the residents with more costs. It is all adding up, a little here, a little there, but it appears that you are oblivious to your nickel and dimming your residents. You are the employees of the residents of Niagara Falls, don't forget that. I think the administration is trying to squeeze out as much income from parking fees and fines because we have so many tourists using those spots, and that is fair enough. But they have not come up with a solution that does not punish the residents. You come up with a resident rate and non-resident rate policy, and you're good to go. If Page 698 of 769 2 not, you are just compounding the final burden of our residents, all, because this city decided to be a tourist capital. Don't make residents pay because you promoted the tourists to come and use our resources to the point where we can't use them anymore. Venice charges tourist just to enter the city, they don't charge their residents. The plan should be easy enough to implement as far as fine are concerned, you need to ID the plate to ID the mailing address, Niagara Falls address = Niagara Falls resident rate as opposed to non-resident. I can't do everything for you, I'm not sitting at the table yet, figure out the rest. Page 699 of 769 3 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 700 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 PBD-2024-10 (Report added) AM-2022-017 Zoning By-law Amendment Montrose Road Parts 7 & 8 Proposal To permit the construction of a detached dwelling Applicant Kevin Dilts Council, First off, the administration should have also provide all the comments that where submitted at the first meeting. Incompetence and perhaps grounds for appeal. Not an expert on such matters though. If I recall the applicant could legally build buildings on the property and was basically requesting permission for a dwelling-unit use, to apply also. Not much planning difference between a non-dwelling-unit use building and dwelling- use building, your just going cause the applicant to incur the costs of an OLT appeal in all likelihood to get approval. Consider the city fortunate some other undesirable use is not going to occur on the property. Approve the dwelling unit use. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 701 of 769 2 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 702 of 769 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-17-2024-01 Monday, March 18, 2024 F-2024-13 Statement of 2023 Remuneration and Expenses for Members of Council and Commissions Council, I would like to know just what your receiving in benefits. Trust you don't mind I do an information request for that and present it at a future meeting. I sincerely wonder how Campbell and Thompson, being of an older age, and having the greatest health issues potential, have the lowest benefits cost. Some of you are rich by societies standards, yet you draw on city taxpayers resources. In light of these bonuses you are receiving I propose that council pass a by-law that prevents your salaries from being raised during your current term. Page 703 of 769 2 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing 9% of Niagara Falls cast cards Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings 30+ years - Niagara Falls Business Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded or associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 704 of 769 A Great City … For Generations To Come RECREATION & CULTURE & FACILITIES Inter-Departmental Memo To: Mayor Jim Diodati & City Council Members From: Seniors Advisory Committee via D.J. Brooks, Community Development Coordinator Date: Feb 21, 2024 Re: City of Niagara Falls Canada Day Celebration – June 30 to July 2 The Seniors Advisory Committee meets monthly with the purpose of “advising City Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls”. As such, the committee brings the below resolution to council for consideration. RESOLUTION re. Seniors Transit Fares Whereas the Region of Niagara and specifically the City of Niagara Falls is recognized across the country as a retirement community attracting older adults; And whereas the Seniors Advisory Committee conducted a survey of Niagara Falls seniors in 2019, the results of which indicated that transportation was one the biggest challenges of living in Niagara Falls; And whereas the Senior Advisory Committee has endorsed a Strategic Plan - one of its stated goals being to explore the requirements to create an Age-Friendly Niagara Falls; And whereas one of the hallmarks of an age-friendly community is providing for the transportation needs of its older citizens, in particular those with limited financial means; And whereas Region of Niagara’s transit fare discount for Seniors (65 years of age and over) for a monthly pass is 81.25% (region-wide) and 73.68% (local) of that for adults; And whereas adult fares in other similar-sized municipalities around the Golden Horseshoe are not only lower than in Niagara, but that comparable senior fares are discounted 35% in City of Hamilton, 40% in Durham Region, and seniors in Burlington and Oakville can ride for free year- round. Now therefore be it resolved: That Niagara Falls City Council request the Niagara Region Transit Commission establish a discounted Seniors fare that is competitive with others in the Golden Horseshoe and seek the endorsement of all other local area municipalities in Niagara Region. Page 705 of 769 The City of Niagara Falls, Ontario Resolution March 19, 2024 No. 1 Moved by: Seconded by: WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information; and WHEREAS notice was given to the prescribed persons and public bodies, in the prescribed manner, for the public meeting held by Council on January 16, 2024, to consider a Zoning By-law Amendment application by 1788618 Ontario Inc. (“the applicant”) to develop a 30-storey mixed- use building with 456 dwelling units and 2 commercial units at grade on the lands on the south side of Ferry Street, west of Fallsview Boulevard and east of Stanley Avenue known as 5438 Ferry Street (“the Lands”); and WHEREAS Council approved the recommendations of Report No. PBD-2024-01 on January 16th, 2024, including an increase in lot coverage to 78% and the insertion of a Holding (H) provision in the amending by-law to address various matters, including the registration of a Site Plan Agreement within two years of the passing of the amending by-law; and WHEREAS since that time, it was identified that the lot coverage calculation did not exclude the lands that are to be dedicated to the City as road widenings, resulting in an increase in lot coverage to 80%; and WHEREAS since that time, City Staff have instead contemplated a sunset clause under subsections 34 (16.1) and (16.2) of the Planning Act, 1990 R.S.O as well as through Part 4, Section 4.6.1 and 4.6.2 of the City’s Official Plan as it provides a mechanism to properly plan for the efficient use of the City’s services and appropriate allocation of servicing capacity for those ready to develop; and WHEREAS the sunset clause will cause the Lands to revert back to the TC-75 zone should the owner of the Lands not execute a Site Plan Agreement to the satisfaction of the City within 3 years of By-law No. 2024-031 coming into effect; and WHEREAS approval of By-law No. 2024-031 may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development; and WHEREAS notwithstanding the requirement for the written notice of a public meeting, subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes minor and determine that no further notice is required to be given by passing a resolution; and Page 706 of 769 The City of Niagara Falls, Ontario WHEREAS City Staff and the applicant request that Council considers passing a resolution that would deem the giving of further notice as final and that no further notice is required to be given; and WHEREAS Council determined that the proposed changes to By-law No. 2024-031 are minor and do not require further notice to be given. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement for further written notice. AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 707 of 769 CITY OF NIAGARA FALLS By-law No. 2024-027 A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey apartment dwelling with 71 dwelling units, and to repeal By-law No. 1998-183 and 2017- 102, subject to a 3 year sunset clause (AM-2023-027). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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 the uses permitted in the R4 zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area: (i) For an apartment dwelling or stacked townhouse dwelling 140 square metres for each dwelling unit (b) Minimum lot frontage: (i) For an apartment dwelling or stacked townhouse dwelling 7.5 metres (c) Minimum rear yard depth: (i) For an apartment dwelling or stacked townhouse dwelling 25 metres Page 708 of 769 2 (d) Minimum interior side yard: (i) For an apartment dwelling or stacked townhouse dwelling 3.0 metres (e) Minimum exterior side yard width: (i) For an apartment dwelling or stacked townhouse dwelling 4.9 metres + 13.1 metres to the centreline of Mountain Road (f) Maximum height of building or structure 21 metres or 5 storeys, whichever is lesser, subject to Section 4.7 of By-law 79-200 (g) The balance of regulations specified for a R4 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. That By-law Nos. 1998-183 and 2017-102 are hereby repealed. 10. The provisions of this by-law shall be shown on Sheet C2 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R4 and numbered 449 and from R4 and numbered 1050 to R4 and numbered 1238. 11. Should the owner of the Lands not execute a site plan agreement within 3 years of the passing of this Bylaw, then the zoning of the lands zoned as R4-1238 Zone shall be of no force and effect, By-law Nos. 1998-183 and 2017-102 will be reinstated, and the zoning of the Lands will revert back to the R4-449 and R4- 1050 Zone. 12. Notwithstanding clause 11 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1238 Refer to By-law No. 2024-027. Read a First, Second and Third time; passed, signed and sealed in open Council this 19th day of March, 2024. Page 709 of 769 3 ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 710 of 769 027 1238 Page 711 of 769 CITY OF NIAGARA FALLS By-law No. 2024-028 A by-law to amend By-law No. 2010-132 and By-law No. 79-200, to permit the use of the lands, in part, for the development of 83 townhouse dwelling units in 14 blocks and the removal of the Holding provision. (AM-2021-009). 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 Lands shall be identified as Parcel R5C- 1236 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses for Parcel R5C-1236 shall be: (i) The uses permitted in the R5C zone. (ii) A townhouse dwelling, containing not more than 8 dwelling units. 6. The regulations governing the permitted uses on Parcel R5C–1236, shall be: (a) Minimum front yard depth for a townhouse dwelling 0 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (b) Minimum interior side yard width 5.2 metres between points A and B as shown on Schedule 1 attached to this by-law (c) Minimum rear yard depth for a townhouse dwelling 6 metres (d) Maximum lot coverage 38.2% (e) Parking requirements 1.25 parking spaces per dwelling unit Page 712 of 769 2 (f) Minimum maneuvering aisle dimensions for a 2.75 metre by 6 metre stall 6 metres (g) The balance of the regulations specified for a R5C use. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. For the purposes of this By-law, the provisions of By-law No. 2010-132, including the holding provisions, are hereby declared to be of no force and effect on Parcel R5C- 1236. 11. The provisions of this by-law shall be shown on Sheet B5 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R5C(H) and numbered 912, to R5C and numbered 1236. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1236 Refer to By-law No. 2024-028 Read a First, Second and Third time; passed, signed, and sealed in open Council this 19th day of March 2024. ............................................................. .......................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2021\AM-2021-009- Montrose Rd (Villarboit VLC)\Bylaw\By-law AM-2021-009.docx Page 713 of 769 Page 714 of 769 A by-law to provide for the adoption of Amendment No. 165 to the City of Niagara Falls Official Plan (AM-2023-022). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 165 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 19th day of March, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR CITY OF NIAGARA FALLS By-law No. 2024-029 Page 715 of 769 OFFICIAL PLAN AMENDMENT NO. 165 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to permit a 10 storey, mixed-use building with 205 units per hectare. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 94 on Map 1 to Amendment No. 165 to the Official Plan. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to show the Residential designation with – Special Policy Area 94. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.94. (iv) Basis of the Amendment The applicant proposes to permit a 10 storey, mixed-use building with 205 units per hectare. The subject lands are designated Tourist Commercial as shown on Schedule A – Future Land Use, within the Lundy’s Lane Intensification Corridor as shown on Schedule A2 – Urban Structure Plan, and within the Lundy’s Lane Satellite District as shown on Schedule E – Tourism Districts of the City’s Official Plan. The amendment meets the intent of the Official Plan as the area is suitable for intensification, is located on lands that front onto two arterial roads, and is located on a transit route. The design and podium setbacks will provide visual interest, a positive interface with Lundy’s Lane and Garner Road, and lessen the impact of the height and massing. The majority of the parking is provided below grade, and the proposed surface parking is interior to the site, with appropriate landscape buffers where required. There are adequate infrastructure and transportation capacities available to service the proposal. Page 716 of 769 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 165 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 165", shall be identified as Special Policy Area 94 on Schedule A – Future Land Use of the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.92 SPECIAL POLICY AREA “94” Special Policy Area “94” applies to approximately 0.9 hectares of land bounded by Garner Road to the west, Lundy’s Lane to the south, and an abutting property to the east and north. Notwithstanding the permitted uses provisions of Part 2, Policy 4.2.31 (c), the subject lands may develop to a maximum building height of 10 storeys and a maximum net density of 214 units per hectare. Page 717 of 769 Page 718 of 769 CITY OF NIAGARA FALLS By-law No. 2024-030 A by-law to amend By-law No. 79-200, to permit the use of the lands for a 10 storey mixed-use building, with 1,330 square metres of ground floor commercial space and 192 dwelling units, subject to the removal of a Holding (H) symbol and a 3 year sunset clause (AM-2023-022). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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) Home Occupations in accordance with the regulations contained in Section 5.5 of By-law No. 79-200; (b) Dwelling units in a building in combination with one or more of the uses listed in Section 8.6.1 of By-law No. 79-200, provided that not more than 92% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor; and (c) the uses permitted in the TC zone. 5. The regulations governing the permitted uses shall be: (a) Front Lot Line For the purposes of this by-law, Lundy’s Lane shall be deemed to be the front lot line (b) Locations of the various components of the building or Refer to Schedule 2 of this by-law and clause (c) of this section Page 719 of 769 2 structure on the Lands, their maximum heights and maximum number of storeys and minimum yards (c) Maximum height of building or structure and maximum storeys inclusive of storeys containing mechanical equipment 36.5 metres and a maximum of 10 storeys (d) Roof feature The building shall have a roof feature which has a maximum height of 6 metres above the top storey, which is not permitted to contain a place of occupancy. The roof feature shall be a distinct architectural element of the building (e) Minimum number of parking spaces 1.25 spaces for each dwelling unit 1 space for each 28 square metres of gross leasable floor area for a retail store (f) Projection of open balconies or patios Open balconies or patios may project into an entire required yard (g) The balance of regulations specified for a TC use. 6. For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey of the building and shall not contain a place of occupancy or be used for commercial purposes, unless otherwise permitted by this by-law, and shall be provided for the purposes of enhancing the design of the building and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. Page 720 of 769 3 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated TC(H) and numbered 1239 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall: (a) Provide an updated wind study with wind tunnel modelling demonstrating acceptable wind conditions for the pedestrian realm to the satisfaction of the City; (b) Implement air mitigation measures to the satisfaction of the Niagara Region and the City at time of Site Plan; (c) Submit a revised noise study evaluating the revised proposal and implement the appropriate mitigation measures and warning clauses to the satisfaction of the City and the Niagara Region; (d) Implement a warning clause of nearby industry to the satisfaction of the City at time of Site Plan; (e) Implement archaeological warning clauses to the satisfaction of the City and the Niagara Region at time of Site Plan; (f) Implement warning clauses regarding the adjacent campground activities, including campfires, to the satisfaction of the City at time of Stie Plan; (g) Provide a rooftop feature/detailing that is distinctive but complimentary to the style of the building to be secured through the site plan application stage to the satisfaction of the City. 11. The provisions of this by-law shall be shown on Sheet A4 and B4 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from TC to TC(H) and numbered 1239. 12. Should the owner of the Lands not execute a Site Plan Agreement, to the satisfaction of the City, within 3 years of this By-law coming into effect, then the zoning of the lands zoned as TC(H)-1239 Zone shall be of no force and effect and the zoning of the Lands will revert back to the TC Zone. 13. Notwithstanding Section 12 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. Page 721 of 769 4 14. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1239 Refer to By-law No. 2024-030. Read a First, Second and Third time; passed, signed and sealed in open Council this 19th day of March, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 722 of 769 030 1239 Page 723 of 769 36.5 m 030 Page 724 of 769 CITY OF NIAGARA FALLS By-law No. 2024-031 A by-law to amend By-law No. 79-200 to permit the use of the lands for a 30-storey mixed- use building with 456 dwelling units and 2 commercial units at grade subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-023). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedules 1 and 2 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1 and 2 are a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in the TC zone; and (b) Dwelling units in a building in combination with one or more of the uses listed in section 8.6.1 of By-law 79-200, provided that not more than 62% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth 3.8 metres to the podium 9.5 metres to the tower (b) Maximum lot coverage 80% (c) Location of the various components of the building or structure on the Lands, their maximum height and maximum number of storeys and minimum yards Refer to the plan on Schedule 2 of this by-law and clauses (d) and (e) of this section Page 725 of 769 2 (d) Maximum height of buildings or structures 120 metres and a maximum of 30 storeys, which shall include a roof feature as required by clause (e) of this section and is subject to section 6 of this by-law. (e) Roof feature A building having a height greater than 12 metres shall have a roof feature which has a minimum height of 6 metres. The roof feature shall be a distinct architectural element of the building and may include two storeys that contain a place of occupancy. (f) Minimum number of parking and bicycle spaces 1 parking space for each dwelling unit 9 Car Share Parking Spaces 0.5 Bicycle Parking Spaces for each dwelling unit and 1 bicycle parking space / 500 m2 of floor area for non-residential uses (g) The balance of regulations specified for a TC use. 6. For the purposes of this by-law: “Bicycle Parking Space” means a space to park a bicycle. “Car Share” means the practice where a number of people share the use of one or more cars that are owned by a profit or non -profit car-sharing organization and where such organization may require the use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. "Car Share Parking Space” means a parking space that is exclusively reserved and actively used for car-sharing. “Roof feature” means a distinct architectural element provided for the purpose of enhancing the design of a building and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall Page 726 of 769 3 have a height greater than the roof feature unless cladded to be aesthetically consistent with the roof feature. 7. All other applicable regulations set out in By-law No. 79-200, as amended, shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The Holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated TC(H) and numbered 1232 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall: • File a Record of Site Condition with the Ministry of the Environment, Conservation and Parks to the satisfaction of The Regional Municipality of Niagara and the City; • Submit an updated Wind Study to the satisfaction of the City, demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures; • Submit an updated Shadow Study Report to the satisfaction of the City, demonstrating conformity with the City’s Tourist Area Design Guidelines as it relates to hours of sunlight; • Submit an alternative concept for the rooftop treatment to the satisfaction of the City, demonstrating that the building will be designed to add a distinct and interesting feature to the Niagara Falls skyline; • Provide additional information with respect to the affordability of the proposed dwelling units to the satisfaction of the City, demonstrating conformity with the affordable housing policies contained in the City’s Official Plan; and • Include warning clauses in Site Plan and / or Condominium Agreements with respect to archaeological resources, potential noise impacts, traffic delays, and private waste collection to the satisfaction of The Regional Municipality of Niagara and the City. Page 727 of 769 4 11. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By- law No. 79-200 by designating the Lands from TC-75 to TC(H) and numbered 1232. 12. Should the owner of the Lands not execute a Site Plan Agreement to the satisfaction of the City within 3 years of this by-law coming into effect, then the zoning of the Lands zoned as TC(H)-1232 zone shall be of no force and effect and the zoning of the Lands will revert back to the TC-75 zone. 13. Notwithstanding clause 12 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 14. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1232 Refer to By-law No. 2024-031. Read a First, Second and Third time; passed, signed and sealed in open Council this 19th day of March 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 728 of 769 5.7m7.5m 13.3m 1 7 . 4 m 20.1m34.2m42.4m 47.1m51.3m Ferry St Buchanan AvMcGrail AvStanley AvFallsview BvK:\GIS_Requests\2023\Schedule\Zoning2023.aprx 3/11/2024 SCHEDULE 1 TO BY-LAW NO. 2024-031 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ Description: Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Assessment: 272503000810506 Part Lot 18 S/S Ferry St, E of Stanley St, Plan 653, abstracted as Block 16, Village of Niagara Falls as in RO556621; s/t & t/w RO556621; City of Niagara Falls PIN: 64348-0004 (LT) Lot 19 S/S Lundy's Lane, Plan 653, abstracted as Block 16, Village of Niagara Falls; Part Lot A, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in NF48955; City of Niagara Falls PIN: 64348-0013 (LT) Lot 1 W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in BB8263; City of Niagara Falls PIN: 64348-0014 (LT) TC(H) 1232 AM-2023-023 Page 729 of 769 &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& Ferry St Fallsview Bv7.5m 1.2m1.1m 1.5m 1.2m1.9m 3.8m 5.1m 4.5m6.8m6.8m 7.1m 5.7m6.8m7.9m 7.8m 8.9m 9.5m 10.2m 13.3m15.0m 1 7 . 4 m 20.1m20.6m34.2m42.4m 47.1m51.3m SCHEDULE 2 TO BY-LAW NO. 2024-031 Amending Zoning By-law No. 79-200 ¯ K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 3/12/2024AM-2023-023 MaxNoStorey MaxHeight Description: Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Assessment: 272503000810506 Part Lot 18 S/S Ferry St, E of Stanley St, Plan 653, abstracted as Block 16, Village of Niagara Falls as in RO556621; s/t & t/w RO556621; City of Niagara Falls PIN: 64348-0004 (LT) Lot 19 S/S Lundy's Lane, Plan 653, abstracted as Block 16, Village of Niagara Falls; Part Lot A, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in NF48955; City of Niagara Falls PIN: 64348-0013 (LT) Lot 1 W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in BB8263; City of Niagara Falls PIN: 64348-0014 (LT) Tower Podium 5 22.8 m 30 120 m Area Affected by this Amendment Page 730 of 769 CITY OF NIAGARA FALLS By-law No. 2024 - 032 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules “C”, “D1” and “D4” and that Schedules “C”, “D1” and “D4” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 19TH day of March, 2024. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 731 of 769 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Florina Andrei Paul Brown Amanda Diprose Stew Frerotte John Garvie Douglas Goodings Jay Modi Liam Raymond Philip Rudachuk John Rodrigue SCHEDULE “D1” CANADA ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Chris Burian Abhaypartap Singh Chahal Steven Cober Kinjalk Jain Arjunjit Kaloya Harmandeep Kaur Sophie Laroque Jesse Mallabar William McMillan Gagan Singh Pushmeet Singh Sandeep Singh Jeonghwa Son Alexandria Trelford SCHEDULE “D4” HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Gergian Pow James Hohl Dean Murray Travis Korton Ryan James Kelsey Waterhouse Cory Vegh Sam Jackson Page 732 of 769 CITY OF NIAGARA FALLS By-law No. 2024 - 033 A Consolidated By-Law Being By-law No. 2016 - 108 as amended by: By-law 2017 – 41 A by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. WHEREAS section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by-laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS section 391 of the Municipal Act, 2001 authorizes a municipality to pass by-laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water; AND WHEREAS O. Reg. 581/06 grants priority lien status to municipal public utilities fees and charges; AND WHEREAS the Council of The Corporation of the City of Niagara Falls desires to use any and all legislative authority available to it by statute or by common law, to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions In this by-law, 1.1 "Appurtenance" and "Appurtenances" mean any or all municipal components related to the provision or Metering of water and includes electronic communications register(s), touch pad, flanges, and any new equipment or technology replacing the same. 1.2 “Back Flow Preventer Control Device” means a mechanical valve which, when installed in a Water Service pipe, prevents a Cross Connection, in accordance with the Ontario Building Code and “CAN/CSA -B64-10-11, Page 733 of 769 2 (R2016) Selection and installation of back flow preventers/Maintenance and field testing of back flow preventers. 1.3 “By-Pass means any form of piping, plumbing, fittings, valves, connections or other device that can or may divert water from passing through a meter or cause a meter to under-report water consumption. 1.4 “By-Pass Lock” means a City inspected and approved device that prevents the use of a By-Pass without the approval of the City. 1.5 "City" means The Corporation of the City of Niagara Falls. 1.6 "Council" means the Council of The Corporation of the City of Niagara Falls. 1.7 “Cover" means the distance between the finished grade ground surface and the top of a watermain, Private Water Service or Water Service pipe. 1.8 “Cross Connection” means any temporary, permanent or potential water connection that may have the potential to change the water quality in the Distribution System. 1.9 "Day" means working days, exclusive of weekends or observed holiday. 1.10 "Distribution System" means the transmission pipes of the City which are tapped for Water Services and includes all valves, hydrants, shut off valves, fittings, stand pipes, rods, wires and Appurtenances, but does not include Water Services nor Private Water Services. 1.11 "Engineer" means the Director of Municipal Works for the City and for the purpose of exercising any of the powers or duties of the Engineer under this by-law and shall include any employee of the City authorized by the Engineer to exercise any such powers or duties. 1.12 "Industrial Premises" means Premises used for or in connection with, 1.12.1 Manufacturing, producing or processing anything; 1.12.2 Research or development in connection with manufacturing, producing or processing anything; 1.12.3 Storage, by a manufacturer, producer or processor, of anything used or produced in such manufacturing, production or processing if the storage is at the site where the manufacturing, production or processing takes place; or 1.12.4 Retail sales, by a manufacturer, producer or processor, of anything produced in such manufacturing, production or processing if the Page 734 of 769 3 retail sales are at the site where the manufacturing, production or processing takes place. 1.13 “Meter" means a device installed for the purpose of measuring water supplied by the Distribution System and includes, the register, radio read, unitized measuring elements and other Appurtenances. 1.14 “Meter Pit” means a suitable structure or chamber to house a Meter. 1.15 "Owner" means any registered Owner of land or buildings thereon, or any authorized agent, contractor, employee, Tenant or servant representing such Owner. 1.16 "Premise(s)" shall mean real property that is not owned by The Corporation of the City of Niagara Falls and includes lands, buildings and structures. 1.17 "Private Water Service" means the pipes and fixtures (exclusive of Meter) used for the purpose of supplying water from the Water Service and Distribution System to any Premises and located upon private property beyond the limits of the road allowance. 1.18 "Remote Read Out Device" means any device, including the register on a Meter, used by the City to transmit and record the amount of water passing through a Meter. 1.19 "Residential Premises" means Premises used solely for residential occupancy as defined in the Ontario Building Code, consisting of three or fewer units which requires a separate and distinct Private Water Service with a separate shut-off. 1.20 "Schedule" means the Schedules attached to and identified in the by-law. 1.21 "Security Deposit" means an amount of money as set out in or as calculated in accordance with the Schedule(s), that is required to be provided to the City as a condition of supplying or continuing to supply water to the Premises. 1.22 "Tenant" means anyone other than the Owner who occupies any Premises. 1.23 "Treasurer" means the Director of Finance for the City for the purpose of exercising any of the powers or duties of the Treasurer under this by-law and shall include any employee of the City authorized by the Treasurer to exercise any such powers or duties. 1.24 "Water Service" means the pipes and fixtures located in the road allowance of any public highway, public street, public lane, public alley or public thoroughfare and extending between the watermain and the limit of s uch allowance and, including, the stopcock, service pipe, curb stop, and post Page 735 of 769 4 and service box, used for the purpose of supplying water from the Distribution System to any Private Water Service and Premises. 2. Guide for Interpretation and Application of this By-law 2.1 This by-law shall be applied and interpreted so as to recognize that the Water Service and Distribution System are the property of the City. 2.2 This by-law shall be applied and interpreted so as to recognize that all Water Services end at the curb stop between a Water Service and a Private Water Service. 2.3 This by-law shall be applied and interpreted so that the City is responsible for the construction, installation, maintenance and operation of the Distribution System and all Water Services. 2.4 This by-law shall be applied and interpreted to ensure that Private Water Services shall be constructed, installed, maintained and operated at the sole expense of the owners of Premises. 3. Application for Permit for Watermain Extension, Water Service, Private Watermain Extension or Private Water Service 3.1 No person shall connect, or cause or permit to be connected , a system or means of drawing water from a City watermain or a Private Water Service or to a City-owned Water Service until written application for such connection is made to the City and a permit has been issued by the City. 3.2 No person shall, in any way, interfere with, obstruct, conceal or bypass any hydrant, valve, curb stop, service pipe, stopcock, Meter, remote reader, or other Distribution System or Water Service Appurtenances. 3.3 No person shall extend a watermain or otherwise tap into the Distribution System unless a permit has been issued by the City authorizing such extension and all applicable regulatory approvals have been obtained. 4. Installation of Water Service or Private Water Service 4.1 The pipes, fittings, attachments, methods of installation, maintenance, use, renovations to and removal of any Water Service shall be pursuant to, as required by, and in compliance with, all applicable legislation. 4.2 Every Water Service shall be buried to a minimum Cover of 1.8 meters below the finished grade of the highway, street, lane, alley or thoroughfare in which it is laid or an equivalent amount of insulation acceptable to the Engineer. Page 736 of 769 5 4.3 Every Private Water Service shall be buried with a minimum Cover of 1.8 meters below the finished grade of any private property traversed by it or otherwise insulated against the effects of cold weather , in a manner acceptable to the Engineer. 4.4 Every Private Water Service entering a building, which does not contain a cellar, shall be carried horizontally beyond the inside face of the exterior wall for a minimum distance of 0.6 meter before being carried upward, or shall be insulated in a manner acceptable to the Engineer, or both. 4.5 W here there is more than one building situated upon a single Premises, the Premises shall be supplied by a single Private Water Service located in a Meter Pit and equipped with a Master Water Meter. 4.6 Notwithstanding subsection 4.5 of this by-law, the Engineer may determine, in his sole discretion and acting in the public interest, that multiple Private Water Services can be permitted on a single Premises that has more than one building located upon it. 4.7 In any case in which the Engineer exercises his discretion under subsection 4.6 of this by-law, each building shall be serviced by a separate Private Water Service. 4.8 Notwithstanding subsection 4.7 of this by-law, the Engineer may determine, in his sole discretion and acting in the public interest, that, in the case of a multiple unit building or an existing building that is going to be, or has been, divided into multiple units, multiple Private Water Services can be permitted to a single building. 4.9 In any case in which the Engineer makes a determination of h ow and to what degree he chooses to exercise his discretion pursuant to subsections 4.6 or 4.8 of this by-law, his determination is final and not subject to any appeal. 5. Installation Costs 5.1 All Water Services from the watermain to the property line of any Premises shall be installed under the direction of the City at the expense of the Owner. 5.2 The cost of providing, installing, replacing and renewing each Private Water Service from the property line to the building shall be borne by the Owner of the Premises supplied by such Private Water Service. 5.3 The fee to be paid to the City for the installation of Water Services shall be in accordance with the Schedule(s) and shall be paid by the Owner to the Treasurer at the time of making application for the installation of the Water Service. Page 737 of 769 6 6. Meters 6.1 All Private Water Services, except those dedicated exclusively for fire suppression purposes, shall be equipped with a functioning Meter of a design, size and construction approved by the Engineer and installed in accordance with the City's specifications. 6.2 The Owner of a Premises shall pay the cost of installing a Meter or Meters upon the Premises. 6.3 In the case of the connection of the Private Water Service supplying or intended to supply water to an improvement of a Premises requiring a building permit, a water account shall be established at the time of building permit issuance for the Premises at or within which the Meter is, or is to be, installed and the Owner of the Premises will be billed at the flat rate, as set out in the Schedule(s), until such time as the Meter is installed, inspected, approved and operating to the satisfaction of the City. 6.4 In the case of the connection of a Private Water Service supplying, or intended to supply, water to a Premises that is being improved in a manner that does not require a building permit, a water account shall be established, and the Owner of the Premises will be billed from the time the Meter is installed, inspected, approved and operating to the satisfaction of t he City. 6.5 The Owner shall be responsible for all aspects of the installation of the Meter and contacting the City for a Meter inspection. 6.6 Should the Owner of a Premise that has been improved not contact the City for a Meter inspection or installation, the Owner will be billed on the basis of the refusal rate set out in the Schedule(s), from the date that the account is established, up to and including the recorded date of inspection and approval by City Staff. Upon the Meter on the subject Premises being inspected and approved by the City, the Metered rates set out in the Schedule(s) shall be applied to the account of the subject Premises. 6.7 Notwithstanding subsection 6.1 above, the Engineer, in situations in which it is not technically feasible to install a Meter, may permit the installation and operation of an unmetered Water Service at a particular Premise. 6.8 The determination of the Engineer as to whether or not it is technically feasible to install a Meter in a particular Premise is final and not subject to any form of review or appeal. 6.9 Where the Engineer has determined that it is not technically feasible to install a Meter on a Premises, the account of the Premises shall be billed at the flat rate set out in the Schedule(s). Page 738 of 769 7 6.10 Where a Premises that is required to be fitted with a Meter is found to be receiving water through an inoperative or defective Meter or without a Meter, the Owner of the Premises will be billed an amount based upon the City’s estimate of the number of days the subject Premises has been receiving water through an inoperative or defective Meter or in the absence of a Meter, times the per diem amount of the flat rate set out in the Schedule(s) of this by-law. 6.11 The Owner of a Premise may apply to the City for permission to change the size of the water Meter installed in or upon the Premise. 6.12 The Engineer shall consider the application for permission to change the size of the Meter in or upon the subject Premises taking into account, among other things, the potential impact of the proposed change of Meter size upon the Distribution System and the public interest. 6.13 The Engineer may require such documentation, information and testing as is required to enable him to assess the potential impact of the proposed change in Meter size upon the Distribution System and the public interest. 6.14 The City shall have the right to seal, inspect and test any Meter or Meter By-Pass at any time. 6.15 No person shall break, alter or damage any seal attached to any Meter or Meter By-Pass. 6.16 If the seal attached to any Meter or Meter By-Pass becomes broken, altered or damaged from any cause, the occupant of the Premises where such Meter or By-Pass is situated shall forthwith report the breaking, alteration or damage to the City. 6.17 In the event that the City discovers a Meter that is altered, broken or damaged, the City may conduct a water consumption review of the Premise connected to the altered, broken or damaged Meter and bill the Owner the cost of the water consumption, estimated in accordance with the formula or rate set out in Schedule(s). 6.18 Where, in the opinion of the Engineer, it is not practical to locate the Meter inside the building to be supplied with water, the Meter may be located outside such building with the written consent of the Engineer, in which case the Meter shall be located in a Meter Pit, the location and construction of which shall be subject to the approval of the Engineer and the cost of which shall be paid for by the Owner of the building to be served by such Meter. 6.19 Where water is to be supplied to Premises on which no building is erected, the Meter shall be located in a Meter Pit, the location and construction of which shall be subject to the approval of the Engineer and the cost of which shall be paid by the Owner of the Premises to be served by such Meter. Page 739 of 769 8 6.20 The Engineer shall have the right to require the relocation of any Meter or Remote Read Out Device which he deems to be improperly or inconveniently located and the cost of such relocation shall be paid by the Owner of the Premises served by such Meter. 6.21 The Engineer may require that a specified Meter and Remote Read Out Device be installed in a specified location, on a particular private service. 6.22 In the event that a Meter or Remote Read Out Device becomes concealed or obstructed in any manner which in any way limits access to the specified Meter or Remote Read Out Device, the Owner shall take such steps as are necessary to remove the concealment or obstruction, at his or her own expense. 6.23 In the event that the City is unable to obtain a current read out from a particular Meter, the City may estimate the consumption of the Private Water Service that is served by that Meter, calculate the amount owing in accordance with the Schedule and bill the Owner the calculated amount. 6.24 In the event that an Owner, upon receiving ten Days’ notice from the City of a requirement to relocate any Meter or Remote Read Out Device pursuant to subsection 6.20 of this by-law, fails or declines to take the corrective measures specified in the notice, the City may bill the Owner the refusal rate specified in the Schedule. 6.25 In the event an Owner, upon receiving ten Days’ notice of the need to take such steps as are specified in the notice to remedy a condition described in subsection 6.22 of this by-law, fails or declines to take the corrective measures specified in the notice, the City may bill the Owner the refusal rate specified in the Schedule. 6.26 Where, upon inspection, a Meter is discovered to be inoperative for any reason including, without limiting the generality of the foregoing, the opening of a Meter By-Pass without the permission of the Engineer, the Owner of the property at which the inoperative Meter is located shall be billed at the inoperative Meter rate as calculated in accordance with the Schedule(s) of this by-law. 6.27 All Meters shall be provided by and remain the property of the City. 6.28 The cost of the installation and supply of a Meter shall be borne by the Owner. 6.29 In the event that any Meter owned by the City is damaged after or during installation, either willfully, through neglect or carelessness, the cost of repairing or replacing the Meter shall be paid by the Owner of the Premises served by the Meter, whether or not such willful act or such neglect or carelessness was that of the Owner. Page 740 of 769 9 6.30 The City may, at any time or times, remove and test any Meter or part or parts of any Meter, whether owned by the City or privately owned , and substitute another Meter or part or parts of a Meter for or in any Meter owned by it. 6.31 In the event that an Owner, upon having been provided with ten Days’ notice of the City’s intent to inspect, seal or test a Meter, Meter By-Pass or Meter By-Pass Lock or other Appurtenance, fails to permit the action as specified in the notice, the City may bill the Owner as provided in the Schedule. 6.32 The City shall remove and test any Meter at the written request of an Owner and such Owner shall pay to the City, in advance, the fee listed in the Schedule as a deposit on account of the estimated cost of removing, testing and replacing the Meter. 6.33 If the Meter, when tested, is found to register correctly or register in favour of the Owner, it shall be deemed to measure accurately and the cost of removing, testing and replacing the Meter shall be paid by the Owner requesting the test. 6.34 If the Meter, when tested, is found to register in excess of three percent (3%) in favour of the City, no charge shall be made for the cost of removing, testing and/or replacing the Meter and the City shall authorize a reduction or a refund to the Owner of an amount equal to the additional water rates incurred by reason of such excess percentage for the last preceding billing period, or for such larger billing period as the Treasurer may determine. 6.35 The Meter testing shall be conducted in accordance with section 4.2.8 of ANSI/AWWA C700 and AWWA Manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. 6.36 All Meter Pits or chambers are subject to approval by the Engineer and shall be constructed so as to ensure the Meter or Water Service does not freeze, and that sufficient space is available to ensure repairs and inspections may be made with easy access. 7. Meter By-Passes 7.1 No person shall open a Meter By-Pass for any reason other than to replace, repair or service a Meter or to respond to an emergency. 7.2 No person shall open a Meter By-Pass without notice to the Engineer in advance of their intention to open the By-Pass. 7.3 The Engineer may permit the opening of a By-Pass. 7.4 The Engineer may require that the opening of a By-Pass be subject to certain terms. Page 741 of 769 10 7.5 Any person who opens a Meter By-Pass for any reason shall immediately notify the City that the By-Pass was opened. 7.6 Where a Meter By-Pass is opened, the Owner shall ensure that the By-Pass is closed immediately upon the resolution of the condition or situation for which the Engineer granted permission to open the By-Pass for, is resolved. 7.7 Where a By-Pass is discovered to be open without the permission of the Engineer, the Owner of the property at which the By-Pass is located shall be billed the By-Pass rate as calculated in accordance with the Schedule(s) to this by-law. 8. Commencement of Service 8.1 In any case in which the supply of water from the Distribution System to a Private Water Service is turned off, no person other than the Engineer shall turn the supply of water to the Private Water Service in question back on. 8.2 Notwithstanding subsection 8.1, a duly licensed plumber, when installing or repairing a Private Water Service or plumbing connected to that Private Water Service, may, 8.2.1 Temporarily turn on the water for the purpose of testing his installation or repairs and shall forthwith thereafter shut the water off again; or 8.2.2 If the supply of water to that Private Water Service has been turned on by the Engineer, prior to the licensed plumber beginning his installation or repairs on the Private Water Service or plumbing in question, the licensed plumber may shut off the water and after completing his installation or repairs, turn the water on again. 9. Residential Tenancy 9.1 The collection procedures for accounts supplying residential tenancies shall be as set out in this section 9. 9.2 The Owner and Tenant of a residential tenancy may jointly apply to have the water bill issued in the Tenant's name, (the “Tenant’s Account”). 9.3 The application for a Tenant’s Account must be accompanied by a deposit in the amount specified in the Schedule(s). 9.4 In the event that any water bill issued to the Tenant's Account is unpaid 11 Days after the date of the bill, the City shall send a reminder notice, which reminder notice shall warn that Tenant that, if the account remain s delinquent at the conclusion of a further 11 Days, the water supply to the Premises will be subject to shut off and the associated account will be Page 742 of 769 11 subject to the application of any fees charged for the shutting off of a water account that are provided in the Schedule. 9.5 If, at the end of the further 11 Days’ notice prescribed in subsection 9.4 above, the account remains delinquent, a third notice shall be served upon the Tenant specifying the time by which payment, including any fe ess prescribed by the Schedule for the serving of the third notice, must be made in order for the Tenant to avoid having the water supply to the Premises shut off. 9.6 In the event that the Tenant’s Account remains in default after the due date of the third notice described in subsection 9.5 above, the City may shut off the water to the Tenant's Residential Premises and apply the Tenant’s deposit to the account and take whatever steps are required to collect the remaining balance and applicable fees. 9.7 In the event that the City is unable to shut off the water supply to a Residential Premises, for any reason, the Landlord shall be billed in the amount of any shortfall and the amount of any shortfall may be added to the tax roll entry for the Premises, to be collected in the same manner as municipal taxes. 10. Maintenance of Water Service and of a Private Water Service 10.1 The cost of maintaining and repairing a Water Service shall be borne by the City. 10.2 Notwithstanding subsection 10.1, a person who damages such a Water Service intentionally or by way of negligence or neglect, shall bear the cost of repairing the damaged Water Service. 10.3 Upon the construction or installation of a new Private Water Service, the City shall inspect the Private Water Service. 10.4 In the event that, upon inspection, the new Private Water Service is unacceptable to the Engineer, the Meter in the Premises serviced or intended to be supplied by the new Private Water Service will not be inspected and the Premises serviced or intended to be supplied by the new Private Water Service will be billed for its supply of water as specified in the Schedule(s). 10.5 The cost of maintaining and repairing a Private Water Service shall be borne by the Owner of the Premises supplied by the Private Water Service. 10.6 The Owner of any building into which a Private Water Service extends and in which water is supplied to any range or steam boiler, shall take such precautions as may be necessary to prevent damage to the Meter from hot water or steam and to prevent water escaping back into the watermain and Page 743 of 769 12 shall be responsible to the City for any loss, injury or expense incurred by the City as a result of his or her failure to do so. 10.7 The Owner shall bear the cost of repairing any damage to a Water Service box or any other Appurtenance that serves that Owner’s Premises irrespective of how the Water Service box or other Appurtenance came to be damaged. 11. Shutting Off Service 11.1 In the case of any Premises other than a residential tenancy, the City, upon providing notice as specified in section 20 of this by-law, may shut off the supply of water to any Private Water Service for any of the following causes; 11.1.1 Failure to pay any water rate or charge for water supplied to any Premises; 11.1.2 Failure to pay the rent or charges for fittings, apparatus, Meters or other things leased or furnished by the City; 11.1.3 Failure to pay any sewer rate which is based on the water rates or charges for water supplied to any Premises; 11.1.4 Failure to maintain or provide any Security Deposit requested by the City Treasurer; or 11.1.5 Construction, installation or maintenance work is being carried out by or with the permission of the City that requires the supply of water to be shut off. 11.2 Notwithstanding subsection 11.1 or any other provision of this by-law, the City may shut off any water supply without notice of any kind in any case where: 11.2.1 There is an emergency; 11.2.2 A leaking Water Service, Private Water Service, or leaking plumbing or a Cross Connection is causing damage to the Prem ises or property of any description including, without limiting the generality of the foregoing, the Distribution System; or 11.2.3 The Chief Building Official of the City of Niagara Falls has issued an Order that forbids occupancy of a building or Premises. 11.3 Subject to subsection 11.4, if the rates and charges are not paid within seven Days from the day on which they fall due, then the supply of water may be shut off from the Premises and such supply shall not be restored until such rates and charges and arrears, if any, are paid in full including the Page 744 of 769 13 charges set out in the Schedule for turning off and turning on the Water Service. 11.4 Before shutting off the supply of water, the City shall serve notice upon the Owner and any Tenant of the Premises of the City's intention to shut off the water supply. 11.5 The City shall not shut off the supply of water until 14 Days after service of the notice described in subsection 11.4. 11.6 Where the water supply is shut off as a result of an Order of the Chief Building Official, the supply shall not be restored without the express written approval of the Chief Building Official. 12. Permitted Use of Water 12.1 No person shall sell or otherwise redistribute water supplied by the City without the express written approval of the Engineer. 12.2 No person, other than the Engineer, shall open, let off or use water from a hydrant or any valve or other Appurtenance which is the property of the City, without the express written approval of the Engineer. 12.3 No person shall use water supplied by the City unless the consumption of that water is measured by a Meter and the fee set out in the Schedule for that water is paid. 12.4 Subsection 12.3 does not apply to any Premise that is not fitted with a Meter with the express permission of the Engineer. 12.5 No person shall attach any automatic fire suppression in a building to the Distribution System, without the express written approval of the Engineer. 12.6 The piping and associated plumbing for any such automatic fire suppression system shall be entirely separate from the piping and associated plumbing used for any other purpose in the building and any such automatic fire suppression system shall be equipped with a shut-off valve located outside the building, which shut-off valve shall be under the exclusive control of the City. 12.7 No person shall install a stand-pipe for fire protection without the approval of the City and any such stand-pipe shall be equipped at each hose opening with a valve. 12.8 No person shall attach any fire hydrant to a watermain or a Private Water Service without the approval of the City. Page 745 of 769 14 12.9 The piping for any such fire hydrant shall be entirely separate from the piping used for any other purpose on the Premises. 12.10 Any such fire hydrant shall be equipped with a locking device, a City approved Back Flow Preventer Control Device, and sealed as directed by the City. 12.11 No person shall break any seal referred to in subsection 12.10, except for the purpose of using water for fire suppression and the person breaking any such seal shall forthwith report the breaking to the Engineer, who shall cause the hydrant to be resealed. 12.12 No person shall use water from the equipment referred to in either subsections 12.5, 12.7 or 12.8 for any purpose other than the suppression of fire, unless otherwise authorized by the Engineer. 12.13 When the City authorizes the use of a fire hydrant, the City shall require the installation of a hydrant Meter and Back Flow Preventer Control Device, in which case the cost of the installation, maintenance and water consumption, including the sewer portion thereof, shall be charged to the person applying to use the fire hydrant. 12.14 Persons may request, in writing to City Council, to have water/sewer consumption and/or installation fees waived prior to installation of the equipment. 12.15 All lawn and garden sprinkling systems which are connected to the water lines must be connected so that the flow of water is recorded by the water Meter. 12.16 No person shall use water supplied by the City in any air conditioning or refrigeration unit or other equipment for the cooling of air unless such unit or equipment is provided with an evaporative condenser or other device which efficiently conserves, cools and recirculates the water so used. 12.17 This section shall apply to: 12.17.1 All air conditioning units and other equipment for the cooling of air which utilize water in any way, which are installed after the passing of this by-law, and have a rating of more than ten tons of refrigeration capacity; and 12.17.2 All air conditioning units and other equipment for the cooling of air which utilizes water in any way, which are installed after the passing of this by-law, in or on a single building or more than one connected building where the total rated refrigeration capacity of all such units or equipment in or on such building or buildings is more than ten tons. Page 746 of 769 15 12.18 No person shall use water for construction purposes for a building, road, sewer, watermain or similar matter without paying the fee set out in the Schedule(s). 12.19 No person shall permit or maintain a Cross-Connection. 13. Rates and Charges 13.1 The City may fix such water rates, sewer rates, fees and charges in the Schedule, to be paid by persons who receive a supply of water or sewage service to any Premises from the City and, without limiting the generality of the foregoing, 13.1.1 The City shall impose a service charge on all Metered and unmetered Private Water Services in respect of the construction, operation or maintenance of water works; 13.1.2 All water passing through a Meter shall be charged at the water rates or charges set out in the Schedule; 13.1.3 With respect to sewage services, the City shall impose on all Metered Private Water Services, a sewer rate that is based on the water rates or charges at the rates set out in the Schedule; 13.1.4 The Owner or Tenant of a Private Water Service not Metered at the time of the passing of this by-law, whether by the choice or other determination of the City, or by refusal of an Owner, shall pay the flat rate set out in the Schedule; and 13.1.5 The City may impose a fee as set out in the Schedule in any instance where the outstanding balance of a private water account is transferred to the tax account for the Premises to which the water was supplied. 13.2 The rates and charges set out in the Schedule shall fall due when the bill therefor is rendered and shall be payable as indicated on the bill. 13.3 Where, pending the installation of a Meter, water rates are being charged on a flat rate service basis for water supplied to any multiple or semi- detached dwelling, apartment building or buildings divided into separate dwelling units, the flat rate shall be charged for each dwelling unit in the same manner as if each unit was a separate dwelling house. 14. Responsibilities of Owner of Property Other Than Residential Premises 14.1 The Owner of Premises other than Residential Premises may apply on his own behalf or jointly with a Tenant of his Premises, to have the water account for the Premises billed directly to the Tenant. Page 747 of 769 16 14.2 Notwithstanding the direct billing of a water account to a Tenant of a Premises other than a Residential Premises, the Owner shall at all times be and remain responsible to the City for the payment of all rates and charges in respect of water and sewage service supplied to the Premises and for all costs and fees of the City applicable to the supply of water and sewage service to such Premises. 15. Separate Metering of Multi-Unit Residential Premises 15.1 Where the Owner of a multiple or semi-detached dwelling, apartment building, or building with a single Water Service, desires a separate Metered connection to each dwelling, apartment or unit, a lock valve shall be installed ahead of each Meter, at the expense of the Owner, which lock valve shall be of a type approved by the Engineer, who shall have the right to cause it to be sealed from time to time as he or she deems necessary. Meters shall be installed so as to capture common water elements and no “down stream” Metering. 16. Leaking Private Water Services 16.1 In the event of a leak in a Private Water Service, the Owner shall repair the said leak at his or her own expense within 48 hours after being notified to do so by the City. 16.2 Should the Owner not comply with subsection 16.1, the City may enter the Premises, repair the leak and charge the Owner of the Premises for which the repairs were made, the costs of such repairs, which may be collected or recovered by any legal means available to the City. 16.3 The Engineer may turn off the water supply until the leaking Private Water Service is repaired. 17. Shut off to Replace, Repair or Inspect Water Meter 17.1 The City may shut off or restrict the supply of water to any Premises in the absence of the permission of the Owner, Tenant or occupant of that Premises to shut off or restrict the supply of water for the purpose of replacing, repairing or inspecting a water Meter. 17.2 In any case in which the City intends to rely upon the authority to shut or restrict the supply of water to a Premises pursuant to subsection 17.1 of this by-law, prior to shutting off or restricting the supply of water to a Premises the City shall serve the Owner, Tenant or occupant, if any, of the Premises with notice of the City's intention to shut off the water supply. 17.3 The City shall not shut off or restrict the supply of water unless it has made reasonable efforts to obtain the permission of the Owner, Tenant or occupant of the Premises or when such permission cannot be obtained, Page 748 of 769 17 until ten Days’ notice of the City’s intention to shut off or restrict the supply of water to the Premises has been provided to the Owner, Tenant or occupant of the affected Premises. 17.4 In the event that the City has shut off or restricted the supply of water under subsection 17.1, the City shall restore the supply of water as soon as practicable after replacing, repairing or inspecting the water Meter. 18. Cross Connections and Backflow Prevention 18.1 No person shall connect, cause to be connected, or allow to remain connected to the Water Distribution System, any piping, fixt ure, fitting, container, plumbing or appliance, in a manner which under any circumstances, may allow water, wastewater, non-potable water, or any other liquid, chemical contaminant or substance to enter the Water Distribution System. The means for “protection from contamination” shall be in accordance with the requirements of the Ontario Building Code Act. 18.2 The Engineer and/or Chief Building Official shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all parts of every Premises to which any Private Water Service Pipe is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any Private Water Service pipe, wire, rod, Appurtenance, plumbing or Cross Connection within or without the Premises. 18.3 Where access is not provided, a written notice by the Engineer will be issued, as per section 20 of this by-law allowing 14 Days to provide access. If access is not provided within this time frame, the City may, at its discretion, shut off the supply of Water to the Premises until such time as the access is provided. 18.4 If a condition is found to exist which is contrary to subsection 18.1 of this by-law, the Engineer shall immediately carry out an inspection and shall issue such Order or Orders to the Owner as may be required to obtain compliance with section 18.1 of this by-law. 18.5 If the Owner to whom the Engineer has issued an Order fails to comply with that Order, the Engineer, at his or her discretion, may: 18.5.1 give notice to the Owner to correct the fault, at their expense, within a specified time period and, if the notice is not complied with, the Engineer may then shut off the Water Service or services; or 18.5.2 without prior notice, shut off the Water Service or services. 18.6 Notwithstanding sections 18.1, 18.4 and 18.5 of this by-law, where a risk of possible contamination of the Water Service exists in the opinion of the Engineer or an approved authority, an Owner shall, on notice from the Page 749 of 769 18 Engineer, install on their Private Water Service pipe a Back Flow Preventer Control Device, approved by the Engineer or Chief Building Official, in addition to any flow preventer control device installed in the Owner’s plumbing system at the sources of potential contamination. 18.7 Back Flow Preventer Control Devices shall be installed in accordance with the Ontario Building Code and “CAN/CSA-B64.10-11(R2016) Selection and installation of backflow preventers/Maintenance and field testing of backflow preventers Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices”. 18.8 All Back Flow Preventer Control Devices shall be inspected and tested at the expense of the Owner, upon installation, and thereafter annually, or more often if required by the Engineer, by personnel approved by the Engineer to carry out such tests to demonstrate that the Back Flow Preventer Control Device is in good working condition. The Owner shall submit a report on a form approved by the Engineer of any or all tests performed on a Back Flow Preventer Control Device within 14 Days of a test, and a record card shall be displayed on or adjacent to the Back Flow Preventer Control Device on which the tester shall record the address of the Premises, the location, type, manufacturer, serial number and size of the device, and the test date, the tester’s initials, the tester’s name (if self - employed) or the name of his employer and the tester’s license number. 18.9 If a Customer fails to have a Back Flow Preventer Control Device tested, the Engineer may notify the Owner that the Back Flow Preventer Control Device must be tested within four Days of the Owner receiving the notice. If the Owner fails to have the Back Flow Preventer Control Device tested within the time allowed, the Engineer may shut off the Water Service or Water Services until the Back Flow Preventer Control Device has been tested and approved, as required by section 18.8 of this by-law. 18.10 When the results of a test referred to in section 18.8 of this by-law show that a Back Flow Preventer Control Device is not in good working condition, the Owner shall make repairs or replace the Back Flow Prevent er Control Device within four Days. If an Owner fails to repair or replace the Back Flow Preventer Control Device within the time allowed, the Engineer may shut off the Water Service until such repair or replacement has been made. 18.11 No person shall, without the permission of the Engineer, remove any Back Flow Preventer Control Device. Page 750 of 769 19 19. Miscellaneous 19.1 The City does not guarantee the supply of water, and failure to supply water shall not be construed as negligence or nuisance on the part of the City. 19.2 Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to a fine of up to $100,000.00. 19.3 In the case of an offence that includes a condition or situation that requires a person to take action to remedy the condition or situation, the offence shall be deemed to be a continuing offence. 19.4 For each day or part of a day that the person required to take the action required to remedy the condition or situation described in subsection 19.2 of this by-law, the person required to take the action is, upon conviction, guilty of an offence and liable to a fine of up to $100,000.00 for each day or part of a day that the offence continued. 19.5 Unless otherwise specified, the Owner is responsible for carrying out the provisions and requirements of this by-law. 19.6 In the event of any conflict between the provisions of this by-law and any other general or special by-law, the provisions of this by-law shall prevail. 19.7 In the event that a court of competent jurisdiction should declare any section of this by-law or part thereof, or any provision in the Schedule to be invalid, such section, part or provision in the Schedule shall not be construed as having influenced Council to pass the remainder of the by-law or the provision in the Schedule, and it is hereby declared that the impugned section or provision in the Schedule shall be severable and distinct from the remainder of this by-law or Schedule and the remainder of the by-law or Schedule shall be valid and shall remain in force. 19.8 The Engineer may impose such restrictions on the consumption of water as may be required from time to time to preserve the integrity of the water supply or the Distribution System. 19.9 The restrictions on the consumption of water imposed by the Engineer may include restrictions on the time, place and quantity of consumption. 19.10 No person shall consume water in a manner or at a time that is contrary to any restriction imposed by the Engineer pursuant to subsection 19.8 of this by-law. 19.11 The Engineer shall have free access, at all reasonable times, and upon reasonable notice being given and request made, to all parts of every building or Premises to which water is supplied by the City for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, Page 751 of 769 20 wire, or rod within or without the building, or for placing Meters upon any service pipe or connection within or without the building as he or she may deem expedient and for that purpose, or for the purpose of protecting or regulating the use of the Meter, may set it or alter the position of it, or any pipe, wire, rod, connection or tap, and may alter or disconnect any service pipe to examine the pipes, Meters, remote readers, fixtures, appliances, Appurtenances to ascertain the quantity of water used. 19.12 The Treasurer and the Engineer may make such forms as are required to administer this by-law and such forms shall be recognized as official forms. 19.13 Notwithstanding any provision of this by-law, the Niagara Falls Fire Department and any volunteer Fire Service affiliated with the Niagara Falls Fire Department may use any and all water required to carry out their duties. 19.14 The City may carry out any of the actions and procedures set out in this by- law by means of an agent or contractor. 19.15 No person shall permit, install or maintain any system of any kind whereby water may be drawn by any means and in any manner from the Distribution System without paying the required fees fo r the consumption of that water or, in the alternative, having the express permission of the City to draw the water in question without paying the associated fees. 20. Notice and Service of Notice 20.1 In any instance within this by-law in which there is a reference to notice being provided, the following rules shall apply: 20.1.1 Notice shall be given in writing; and 20.1.2 Notice shall be served upon the Owner and any known Tenant of the property. 20.2 Service may consist of one or all of: 20.2.1 Personal service; 20.2.2 Posting the notice in a conspicuous place upon the Premises; 20.2.3 Mailing the notice by registered mail or regular Canada Post service to the mailing address listed for the Owner in the last returned assessment roll, and to the Premises if the former differs, or to the known Tenant on record in the same manner. 20.2.4 If the Owner or Tenant has indicated email as their preferred method of communication, the notice will be sent to the email address listed on the water account. Page 752 of 769 21 20.3 Where notice is given by posting the notice at the property or by registered mail, it shall be deemed to have been received three (3) calendar days after the posting or mailing as the case may be. 20.4 Where notice is given by regular Canada Post mail, it shall be deemed to have been received five (5) calendar days after the notice has been printed. 21. Schedule(s) 21.1 The Schedule(s) attached to this by-law shall form part of this by-law. 22. Effective Date 22.1 This by-law shall come into effect on March 19, 2024. 23. Repeal 23.1 By-law No. 2016-108 and all amendments thereto are hereby repealed. Passed this nineteenth day of March, 2024. ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 19, 2024 Second Reading: March 19, 2024 Third Reading: March 19, 2024 Page 753 of 769 Schedule “A” Schedule of rates, fees and charges 1. Service Charges Monthly: Meter Size Water Rate Sewer Rate 15mm (5/8”) $22.64 $27.19 18mm (3/4”) $22.64 $27.19 25mm (1”) $35.09 $42.15 37mm (11/2”) $87.17 $104.69 50mm (2”) $164.15 $197.14 75mm (3”) $316.99 $380.68 100mm (4”) $549.06 $659.40 150mm (6”) $1,075.49 $1,291.61 200mm (8”) $1,794.36 $2,154.94 250mm (10”) $2,575.51 $3,093.06 2. Water and Sewer Volumetric Rates: Water Sewer Rate Type $1.394 $1.713 Per cubic meter 3. Monthly Flat rates for a Private Water/Sewer Service not Metered by choice or other determination of the City: Water Sewer $51.64 $58.13 4. Monthly flat rate for a Private Water/Sewer Service not Metered due to new construction of a residential property: Water Sewer $25.90 $26.99 Page 754 of 769 2 5. Flat rates for a Private Water Service not Metered because of refusal of Owner: Residential Premises After the Due Date Before Due Date 3x the current flat rate as per Section 3 3x the current flat rate as per Section 3 Other than Residential Premises After Due Date Before Due Date 3x the current service charge per Section 1 plus 3x single month average of previous 12 months consumption history, OR 4% less than the After Due Date amount as calculated for ICI, Section 4 3x the current service charge per Section 1, After Due Date plus, if no previous consumption history, 3x single month average of similarly sized account/type at the Engineer’s discretion 4% less than the After Due Date amount as Before Due Date calculated for ICI, Section 4 Page 755 of 769 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 034 A by-law to amend By-law No. 96-50, being a by-law to regulate parking and traffic on City Roads. (municipal lots) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 96-50, as amended, is hereby further amended by deleting bylaw 2017-157 and replacing in its entirety the following thereof: MUNICIPAL PARKING LOTS COLUMN 1 LOT # COLUMN 2 LOT NAME COLUMN 3 RATE/FEE COLUMN 4 DENOMINATIONS COLUMN 5 LIMIT COLUMN 6 TIMES/DAYS COLUMN 7 CONTROL 2 (A & B merged) Market Block Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $40.00/ month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 3 Market Block Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $40.00/ month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit Page 756 of 769 COLUMN 1 LOT # COLUMN 2 LOT NAME COLUMN 3 RATE/FEE COLUMN 4 DENOMINATIONS COLUMN 5 LIMIT COLUMN 6 TIMES/DAYS COLUMN 7 CONTROL 4 Ellen Ave. Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 6:00 a.m to 3:00 a.m. Mon. to Sun Ticket Dispensing Machine Pay By Phone App 5 College St. Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 6:00 a.m to 3:00 a.m. Mon. to Sun Ticket Dispensing Machine Pay By Phone App 7 Huron/ Ontario Lot $40.00/ Month Max event $40.00 Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 8 St. Clair Lot $40.00/ Month Max event $40.00 Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 9 St. Lawrence Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $25.00/ Month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 10 Market Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $40.00/ Month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 12 Sylvia Place Market Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $40.00/ Month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 13 Main Street Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App 14 Lundys Lane Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $25.00/ month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 15 McGrail Ave. Lot $30.00 / month Max event $40.00 Daily 24 hours Permit Page 757 of 769 COLUMN 1 LOT # COLUMN 2 LOT NAME COLUMN 3 RATE/FEE COLUMN 4 DENOMINATIONS COLUMN 5 LIMIT COLUMN 6 TIMES/DAYS COLUMN 7 CONTROL 16 Kitchener St. Lot hospital Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App 17 Morrison St. Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App 40.00 / Month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 18 Kitchener St. Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 6:00 a.m to 3:00 a.m. Mon. to Sun Ticket Dispensing Machine Pay By Phone App 19 City Hall Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri., Excluding Hol. Ticket Dispensing Machine Pay By Phone App $40.00/ Month Daily 8:00 a.m. to 6:00 p.m., Mon. to Fri. Permit 20 Palmer Ave. Lot Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 6:00 a.m to 3:00 a.m. Mon. to Sun Ticket Dispensing Machine Pay By Phone App Undefind lot (city lands used for parking event) Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 5 cent, 10 cent, 25 cent, $1 and $2 coins, Credit Card, debit Daily 6:00 a.m to 3:00 a.m. Mon. to Sun Ticket Dispensing Machine Pay By Phone App This By-law shall come into force immediately. Passed this nineteeth day of march, 2024. ............................................................... ........................................................... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 19, 2024 Second Reading: March 19, 2024 Third Reading: March 19, 2024 Page 758 of 769 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 036 A by-law to amend By-law No. 2014-65 being a by-law to establish a System of Administrative Penalties respecting the stopping, standing, or parking of vehicles in the City of Niagara Falls. --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: By-law No. 89-2000, as amended, is hereby further amended by adding in schedule “A” and Schedule “B” the following fines and fees: ITEM COLUMN 1 Designated Provisions COLUMN 2 Short Form Wording COLUMN 3 Administrative Penalty Bylaw Section VIOLATION Fine 89-2000 209.06.04 PARK UNPAID BY METER OR ONLINE DURING EVENT $75 89-2000 209.06.05 PARK UNPAID BY METER OR ONLINE DURING LARGE EVENT $125.00 ITEM COLUMN 1 Designated Provisions COLUMN 2 Short Form Wording COLUMN 3 Administrative Penalty Bylaw Section VIOLATION Fine 96-50 23 PARK UNPAID BY METER OR ONLINE DURING EVENT $75 96-50 23 PARK UNPAID BY METER OR ONLINE DURING LARGE EVENT $125.00 Page 759 of 769 This By-law shall come into force immediately. Read a first, second, third time and passed. Signed and sealed in open Council on this 19th day of March 2024. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 760 of 769 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 037 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. --------------------------------------------------------------- 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 the following Sections in 209.06 of the bylaw: 209.06.04 Unpaid, expired time - event parking Subject to the maximum parking time period and the hours and days of operation set out in Schedule ”G” of this by-law, no person shall park any vehicle or permit a vehicle to remain parked in a parking meter space unless the fee set out in Column 4 of the said schedule is deposited in the meter controlling such parking meter space and the said meter is in operation and the said time limit on the meter for which the appropriate fee has been paid has not expired and the receipt issued by the parking ticket dispenser shall be place inside the windshield of the vehicle while the vehicle is parked in or on the parking space in a position so that the writing and marking on the receipt face outward so as to be easily seen from outside the vehicle or the fee set out in Column 4 of the said schedule has been paid using a digital or online metering system used and regulated by the city for the purpose of paid parking. Page 761 of 769 209.06.05 Unpaid, expired time - large event parking Subject to the maximum parking time period and the hours and days of operation set out in Schedule ”G” of this by-law, no person shall park any vehicle or permit a vehicle to remain parked in a parking meter space unless the fee set out in Column 4 of the said schedule is deposited in the meter controlling such parking meter space and the said meter is in operation and the said time limit on the meter for which the appropriate fee has been paid has not expired and the receipt issued by the parking ticket dispenser shall be place inside the windshield of the vehicle while the vehicle is parked in or on the parking space in a position so that the writing and marking on the receipt face outward so as to be easily seen from outside the vehicle or the fee set out in Column 4 of the said schedule has been paid using a digital or online metering system used and regulated by the city for the purpose of paid parking. This By-law shall come into force immediately. Passed this nineteenth day of March, 2024. ............................................................... ........................................................... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 19, 2024 Second Reading: March 19, 2024 Third Reading: March 19, 2024 Page 762 of 769 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 038 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended by deleting bylaw 2017-159 and replacing in its entirety the following thereof: PARKING METER ZONES COLUMN 1 HIGHWAY Zone Area COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAY Buchanan Ave. Zone 2 Both Ferry St. and Spring St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Maxevent $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 3:00 a.m. Daily Clark Ave. Zone 3 Both Ferry St. and Robinson St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Clifton Hill Zone 1 Both Falls Ave. and Victoria Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 3:00 a.m. Daily Page 763 of 769 COLUMN 1 HIGHWAY Zone Area COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Cummington Sq. W Zone 7 Both Bridgewater St. and Main St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Cummington Sq. E Zone 7 Both Bridgewater St. and Main St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 6:00 p.m. Except Sat., Sun. and Hol. Ellen Ave. Zone 1 South Ferry St. and Walnut St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. Zone 3 Both Ferry St. and Robinson St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. Zone 3 East Robinson St. and Murray St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Ferry St. Zone 2 Both Victoria Ave. and Fallsview Blvd. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 3:00 a.m. Daily Ferry St. Zone 3 North Stanley Ave. and Gladstone Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 6:00 p.m. Except Sun. and Hol. Ferry St. Zone 3 Both Gladstone Ave. and Main St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 6:00 p.m. Except Sun. and Hol. Hunter St. Zone 1 Northeast Victoria Ave. and Kitchener St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 3:00 a.m. Daily Page 764 of 769 COLUMN 1 HIGHWAY Zone Area COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAY S Kitchener St. Zone 4 South Portage Rd. and Stanley Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 10:00 p m. Daily Kitchener St. Remove South A point 65 m west of Victoria Ave. and a point 100 m west of Victoria Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 3:00 a.m. Daily Livingstone St. Zone 3 Both Stanley Ave. and Fallsview Blvd. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Main St. Zone 3 Both Stanley Ave. and Allendale Ave. / Murray St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Magdalen St. Zone 2 East Victoria Ave. and Ellen Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 12:00 a.m. Daily Magdalen St. Zone 2 Northeast Lewis Ave. and McGrail Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 12:00 a.m. Daily Main St. Zone 5 East Peer St. and Robinson St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Main St. Zone 5 East Peer St. and Summer St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Main St. Zone 5 West Summer St. and Culp St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Page 765 of 769 COLUMN 1 HIGHWAY Zone Area COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Main St. (Chippawa) Zone 7 South Cummington Sq. E and Willoughby Dr. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 6:00 p.m. Except Sun. and Hol. Main St. Zone 4 Both North St. and Summer St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 10:00 p.m. Daily McGrail Ave. Zone 2 South Walnut St. and Magdalen St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 12:00 a.m. Daily Peer St. Zone 5 North Main St. and Sylvia Pl. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Portage Rd. Zone 4 Both Kitchener St. and North St. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 8:00 a.m. to 10:00 p.m. Daily Robinson St. Zone 3 Both Fallsview Blvd. and Clark Ave. Min hourly $0.50 Min daily $5.00 Max hourly $20.00 Max daily $50.00 Max event $100.00 Max duration as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Page 766 of 769 This By-law shall come into force immediately. Passed this nineteeth day of March, 2024. ............................................................... ........................................................... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 19, 2024 Second Reading: March 19, 2024 Third Reading: March 19, 2024 Page 767 of 769 Page 768 of 769 CITY OF NIAGARA FALLS By-law No. 2024 - 039 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 19th of March, 2024. 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 19th day of March 2024 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 19th day of March, 2024. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 769 of 769