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2018/05/08
City of Niagara Falls Agenda City Council Meeting Tuesday, May 8, 2018 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL 4:00 P.M. 1.1. In Camera resolution, May 8, 2018 May 8 11 2. CALL TO ORDER 2.1. O Canada to be sung by Sadie Williams. Anthem Singer May 8, 2018 12 3. ADOPTION OF MINUTES 3.1. Council Minutes of April 24, 2018 City Council - 24 Apr 2018 - Minutes - Pdf 13 - 29 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. REPORTS 6.1. The Director of Finance will provide a powerpoint presentation outlining the Ontario Lottery and Gaming Corporation Contribution Agreement Final Allocation. 2018 OLG - Contribution Agreement - Final Allocation 30 - 35 6.2. MW-2018-11 Road Resurfacing & Rehabilitation Program - Proposed Construction Update - Dorchester Road MW -2018-11 - Road Resurfacing & Rehabilitation Program - Proposed 36 - 42 Page 1 of 566 Construction Update - Dorchester Rd MW -2018-11 - Attachment 1 - Location Map MW -2018-11 - Attachment 2 - Capital Budget Worksheet 6.3. TS-2018-10 Mewburn Road - Speed Control Review TS-2018-10 Mewburn Road - Speed Control Review 43 - 58 6.4. TS-2018-13 Mount Carmel Boulevard - Speed Control Review TS-2018-13 Mount Carmel Boulevard - Speed Control Review 59 - 76 6.5. F-2018-20 OLG Funding Report - Capital Projects F-2018-20 OLG Funding Report - Capital Projects F-2018-20 Attachment - Chart 1 F-2018-20 Attachment - Chart 2 (Tab 10 projects) F-2018-20 Attachment - Chart 3 F-2018-20 Attachment - Chart 4 F-2018-20 Attachment - Chart 5 F-2018-20 Attachment - Chart 6 (List of Active Projects) 77 - 93 6.6. F-2018-15 Year End Performances - Development Charges F-2018-15 - 2016 Year End Performances - Development Charges F-2018-15 Attachment 94 - 98 6.7. F-2018-18 2018 Property Tax Rates F-2018-18 - 2018 Property Tax Rates F-2018-18 Attachment 99 - 101 6.8. F-2018-19 Final Tax Notice Due Dates F-2018-19 - Final Tax Notice Due Dates 102 - 103 6.9. F-2018-21 Insurance Renewal F-2018-21 - Insurance Renewal Report 104 - 106 Page 2 of 566 F-2018-21 Attachment 6.10. CD-2018-04 Elections Sign By-law CD-2018-04, Elections Sign By-law 107 - 109 6.11. MW-2018-02 Fallsview Boulevard ( Murray St. to Ferry St.) Transportation EA Status Report MW -2018-02 - Fallsview Blvd Transportation EA Status Report (May 8) MW -2018-02 - Attachment 1 - FEB 27, 2018 - MW -2018-02 - Fallsview Blvd Transportation EA Status Report MW -2018-02 - Attachment 2 - Revised Intersection Alternative 2B3 MW -2018-02 - Attachment 3 - VCBIA Letter 110 - 118 6.12. MW-2018-08 Assumption of Warren woods Subdivision Phases 1 & 2 MW -2018-08 - Assumption of Warren Woods Subdivsion Phases 1 & 2 MW -2018-08- Attachment 1 - Site Plan Warren Woods Phase 1&2 119 - 121 6.13. MW-2018-13 Proposed Cemetery By-law Amendments MW -2018-13 - Proposed Amendment to Cemetery By-Law 2016-24 - Green Natural Burials MW -2018-13 - Attachment 1 - Green Natural Burial Ammendment - By- law 2016-24 122 - 125 6.14. PBD-2018-28 Matters Arising from Municipal Heritage Committee, 2018 Designated Property Grant Restoration of Shutters on the James Oswald House, 2922 St. Paul Avenue PBD-2018-28, Matters Arising from MHC, 2922 St. Paul Ave., Oswald House Shutters 126 - 128 6.15. PBD-2018-29 Request for Street Name Correction Livingstone to Livingston PBD-2018-29, Request for Street Spelling Correction 129 6.16. TS-2018-15 Buckley Avenue - Parking Review TS-2018-15 Buckley Ave - Parking Review 130 - 132 Page 3 of 566 6.17. TS-2018-17 Niagara Region Transit - Service Provider Agreement TS-2018-17 Niagara Region Transit - Service Provider Agreement 133 - 176 7. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 7.1. Dreams to Beams Humanitarian Fundraiser - Requesting support of the upcoming Fundraiser being held May 16, 2018 at Boston Pizza. RECOMMENDATION: For the Consideration of Council Dreams to Beams Humanitarian Fundraiser 177 - 179 7.2. Proclamation - National Public Works Week May 20-26, 2018. RECOMMENDATION: For the Approval of Council Proclamation - National Public Work Week 2018 180 7.3. Proclamation - National Blood Donor Week June 11-17, 2018 RECOMMENDATION: For the Approval of Council Canadian Blood Services 181 - 182 7.4. Pride Niagara - requesting a flag raising for " Pride Week", June 2-9, 2018. RECOMMENDATION: For the Approval of Council Pride Niagara 183 7.5. Proclamation - That the month of June be proclaimed as " Recreation & Parks Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council June is Recreation and Parks Month 184 7.6. Niagara Region Council Correspondence - 2018 Property Tax Policy, Ratios and Rates RECOMMENDATION: For the Information of Council 2018 Property Tax Policy, Ratios and Rates 185 - 187 7.7. Correspondence from the City of St. Catharines - Safe Drinking Water Training Support Resolution RECOMMENDATION: For the Information of Council 188 - 189 Page 4 of 566 Support-Resolution-NR-Safe Drinking Water Training 7.8. Correspondence from the City of Thorold - Requesting Government of Ontario to Grant Municipalities the Authority regardng Approval of Landfill Projects. RECOMMENDATION: For the Information of Council Premier - Municipality Rights for Landfill Developments 190 - 191 7.9. Correspondence from the City of Thorold - Offering School Property to Municipalities RECOMMENDATION: For the Information of Council Hamilton - Offering School Property to Municipalities 192 7.10. Correspondence from the Town of NOTL - Funding or Local Public Libraries. RECOMMENDATION: For the Information of Council Letter to Ministry of Tourism Sport and Culutre - Local Public Library Funding 193 - 194 7.11. Niagara Region Liver Centre - Requesting the waiver of licensing fees for their event World Hepatitis Day campaign taking place July 27, 2018. RECOMMENDATION: For the Consideration of Council Niagara Region Liver Centre 195 7.12. Stamford Centre Volunteer Fireman's Association - 1st Annual Summer Daze BBQ Classic Competition at Fireman's Park, July 13, 14 & 15th, 2018. The Association is requesting relief to the noise by-law for the event, waiver of any licensing fees and promoting of the e vent on the City's website. RECOMMENDATION: For the Consideration of Council Summer Daze BBQ Classic Competition 196 - 197 7.13. A.N. Myer Secondary School - Request to permit food trucks on the school property and waive the licensing fees for the 1 day event, May 24, 2018 RECOMMENDATION: For the Consideration of Council A N Myer 198 Page 5 of 566 7.14. Lundy's Lane BIA - requesting approval of their 2018 budget and approval of changes to their Board of Director's. RECOMMENDATION For the Approval of Council Lundy's Lane BIA 199 - 203 7.15. Mayor's Accessibility Advisory Committee (M.A.A.C.) - request that the week of May 27 to june 2nd, 2018 be proclaimed as "National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Proclamation NAAW 204 8. PLANNING MATTERS 8.1. Public Meeting AM-2017-023, Zoning By-law Amendment Application 6894 Garner Road Proposal: 7 Unit Townhouse Dwelling Applicant: V Group Holdings Limited ( Sam Vecchi) Background Report: PBD-2018-25 PBD-2018-25, AM-2017-023, V Group Holdings. 6894 Garner Road, Zoning By-law Amendment 205 - 212 8.2. Public Meeting AM-2018-007, Zoning By-law Amendment Application Part 3, 59R-7452 Location: Vacant parcel between 5675 and 5717 Church's Lane Owner: Pat DeLuca Background Report: PBD-2018-27 PBD-2018-27, AM-2018-007, Church's Lane Correspondence from Angela and Vince Rines Correspondence from Peter Hicks 213 - 221 8.3. Public Meeting 222 - 516 Page 6 of 566 AM-2017-015, Official Plan Amendment Application Proposed Riverfront Community Plan Applicant: Jane Pepino, Aird and Berlis Agent: John Henricks, Niagara Planning Group Owner: GR (CAN) Investments Co. Ltd. Background Report: PBD-2018-30 PBD-2018-30, AM-2017-015 Proposed Riverfront Community Plan OP Amendment Application PBD-2018-30, Appendix 1 PBD-2018-30, Appendix 2 PBD-2018-30, Appendix 3 PBD-2018-30, Appendix 4 PBD-2018-30, Appendix 5 PBD-2018-30, Appendix 6 PBD-2018-30, Appendix 7 PBD-2018-30, Appendix 8 PBD-2018-30, Appendix 9 Various Correspondences Correspondence from Jean Grandoni Correspondence from Niagara Home Builders' Association Correspondence from J. Sorrenti Correspondence from Jean Grandoni Correspondence from Joyce Sankey Correspondence from Karl Dockstader Page 7 of 566 Correspondence from Linda Abbott Correspondence from Linda Babb Correspondence from Lorna Anstruther Correspondence on behalf of Savanta Inc. Correspondence from Derek Jones Correspondence from Elliott Herman Correspondence from Linda Babb Correspondence from Murna Dalton Correspondence from Victoria Brzozowski Correspondence from David Deluce, on behalf of the NPCA Correspondence from Linda Babb (3) Correspondence from Rose McCormick Correspondence from Derek Jones 9. RATIFICATION OF IN CAMERA SESSION 10. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2018-48 - A by-law to regulate the placement of election signs in the City of Niagara Falls. 2018 Election Sign By-law 517 - 521 2018-49 - A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2018. 2018 Levy Bylaw 5.08.18 522 - 526 2018-50 - A by-law with respect to the installation and maintenance of a fire safety plan box, security key box and building access keys. 527 - 531 Page 8 of 566 Fire Safety Plan Box bylaw 2018-51 - 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 – (Part 4 – 80km/h), Speed Limits on Highways – (Part 2 – 60km/h) May 8 - Nichols 532 - 533 2018-52 - A by-Law to Authorize a Service Provider Agreement Relating to Inter-Municipal Transit Services Within the Niagara Region. Execution By-law re Inter-municipal Transit Agreement 534 - 535 2018-53 - A by-law to amend By-law No. 79-200, as amended by By-law No. 98-52, to permit the expansion of the existing Chevrolet car dealership and to repeal By-law No. 98-52 (AM-2018-001). By-law AM-2018-001 By-law AM-2018-001 Schedule 1 536 - 538 2018-54 - A by-law to amend By-law Nos. 79-200 and 95-146, to permit the use of the Lands for single detached dwellings on lots with a minimum lot frontage of 12 metres (AM-2018-003). By-law AM-2018-003 By-law AM-2018-003 Schedule 1 539 - 541 2018-55 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2018 May 8 By-law Enforcement Officers 542 - 543 2018-56 - A By-law to make a certain appointment. Acting Treasurer Appointment 5.8.18 544 2018-57 - A by-law to authorize the execution of an Agreement with The Association of Municipalities of Ontario (AMO) in order to participate in Ontario’s Main Street Revitalization Initiative. Bylaw agreement with AMO 5.8.18 AMO Agreement - attachment to by-law 5.8.18 545 - 565 2018-58 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 th day of May, 2018. 05 08 18 566 Page 9 of 566 11. NEW BUSINESS 11.1. New Business 12. ADJOURNMENT Page 10 of 566 The City of Niagara Falls, Ontario Resolution May 8, 2018 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, 2001. THEREFORE BE IT RESOLVED that on April 10, 2018 at 4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider matters that fall under s. 239(2)(c), a proposed or pending acquisition or disposition of land by the municipality and s. 239(2)(f), advice that is subject to solicitor-client privilege, including communications necessary for that purpose. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR Page 11 of 566 May 8, 2018 – Sadie Williams Sadie Williams has immersed herself in the arts program at Laura Secord Secondary School. She plays the alto and baritone saxophone, she will have a feature role in her high school musical, and has starred in two of The Yellow Door Projects productions of A Little Prince and Peter Pan. Sadie thanks the council for the privilege of singing our national anthem. Page 12 of 566 MINUTES City Council Meeting Tuesday, April 24, 2018 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson COUNCIL ABSENT: COUNCIL LATE: Page 1 IN CAMERA SESSION OF COUNCIL 4:00 P.M. a) In Camera Resolution, April 24, 2018 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Joyce Morocco that Council enter into an In Camera session. Carried Unanimously Councillor Strange absent 2 CALL TO ORDER a) O Canada sung by Mia Bergamo 3 ADOPTION OF MINUTES a) Council Minutes of April 10, 2018 ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Victor Pietrangelo that the minutes of April 10, 2018 be approved as recorded. Carried Unanimously 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 17 Page 13 of 566 City Council April 24, 2018 a) Councillor Pietrangelo declared a conflict to wire transfer # 00144 -0004, made to the Niagara Catholic District School Board, his employer and to Bylaw 2018-43. b) Councillor Kerrio indicated a conflict with report CAO-2018-01. c) Councillor Thomson indicated a conflict with report CAO-2018-01. d) Councillor Morocco indicated a conflict with report CAO-2018-01. e) Councillor Craitor indicated a pecuniary interest to cheque number 413836, made payable to himself. f) Mayor Diodati indicated a pecuniary interest to cheque number 414179, made payable to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to Anna Morocco, a city employee, on the passing of her grandmother, Elvira Marielli. Mayor Diodati announced: Flags at City Hall were lowered and remain at half-staff in honour of the 10 people who lost their live and 15 others who were hospitalized after the tragic Toronto van attack; Paul Harris Award Symposium; Meeting with the President of China Council for the promotion of International trade, Mr. Zengwei Jiang and Volunteer Firefighter recognition banquet took place. The next meeting of Council is May 8, 2018. 6 REPORTS a) CAO-2018-01 - Transient Accommodation Tax (a.k.a. Hotel Tax) The report recommends the following: 1. That the City of Niagara Falls implement a Transient Accommodation Tax of $2.00 per room per night of occupancy commencing January 1, 2019. 2. That the Transient Tax apply to all accommodation in the City of Niagara Falls and that the program be implemented as outlined in this report. 14 - 17 Page 2 of 17 Page 14 of 566 City Council April 24, 2018 3. The City of Niagara Falls supports the creation of a Niagara Falls Hotel Association (NFHA) to act as the eligible tourism entity under the regulation to distribute the funds as outlined in this report. 4. That the Transient Accommodation rate be approved for a five (5) year term, however, after January 1, 2022 (3 years), the partners agree to conduct a review of the Transient Accommodation Tax and related impact on tourism and may retain a consultant to conduct an impact study to assist in determining its effectiveness. Doug Birrell, CEO Niagara Hospitality Hotels, representing the various BIA's made a presentation and asked for the support of Council. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Mike Strange that the report be approved as recommended. Motion Carried with Councillor Campbell opposed and Councillors Kerrio, Morocco and Thomson declaring a conflict. CAO-2018-01 Transient Accommodation Tax 7 REPORTS a) F-2018-12 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously b) F-2018-13 - Monthly Tax Receivables Report - March The report recommends that Council receive the Monthly Tax Receivables report for information purposes. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 3 of 17 Page 15 of 566 City Council April 24, 2018 Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously c) F-2018-14 - Municipal Accounts The report recommends that Council approve the municipal accounts totaling $50,701,824.89 for the period March 12, 2018 to April 4, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously d) F-2018-17 - Development Charges Exemption for Lundy's Lane CIP Properties The report recommends that Council initiate a Development Charges (DC) rebate program for qualified applicant’s properties within the Lundy’s Lane Improvement Area’s (LLBIA) Community Improvement Plan (CIP) area with the funding for rebates to be derived from the OLG contribution funding in 2018-2019. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously e) MW-2018-07 - Neighbourhood Playground Replacement Project Update The report recommends: 1. That park locations identified for improvements under the 2018 Neighbourhood Playground Replacement Project be accepted: A.J. McKinley Park, Carolyn Park, Grey Robinson Park, John N. Allan Park, Lind Sommerville Park, Mount Forest Park, Russell Park, Shirley Park and Wilson Park. Page 4 of 17 Page 16 of 566 City Council April 24, 2018 2. That Council award the supply and installation of playground equipment at A.J. McKinley Park, Carolyn Park, Grey Robinson Park, John N. Allan Park, Lind Sommerville Park, Mount Forest Park, Russell Park and Wilson Park to the preferred proponent PlayPower LT Canada Inc. for $371,990.24 + HST. 3. That the Mayor and Clerk be authorized to execute the necessary documents. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously f) PBD-2018-24 - DOW 2017-002, Request for Extension of Commercial Building & Facade Grant Approval for 4634 Queen Street Applicant: David Sabina The report recommends that Council approve an extension of one year for the Commercial Building and Façade Improvement Grant Agreement for Application DOW -2017-002, 4634 Queen Street. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously g) R&C-2018-06 - MacBain Community Centre Pool Repair The report recommends the following: 1. That Council approve $100,000 contribution, 50% of the total repair cost to implement the required repairs to the suspended pool ceiling at the MacBain community Centre. 2. That Council approve amending the 2018 Capital Budget for this project using the capital holding reserve as a funding source. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously Page 5 of 17 Page 17 of 566 City Council April 24, 2018 h) R&C-2018-08 - Naming and Renaming of Parks - Bruno Agostinelli Jr. Application The report recommends that Council approve the Recreation Committee’s recommendation to install a plaque in memory of Bruno Agostinelli Jr. at the refurbished tennis court at Riverview Park. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously i) TS-2018-12 - Nichols Lane - Speed Limit Review The report recommends that the speed limit on Nichols Lane be reduced from 80 km/h to 60 km/h. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously 8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Saint Paul High School Spirit Day – Request to permit up to 3 food trucks on the school property and waive any licensing fees for the 1 day event, May 23, 2018. Recommendation: For the Consideration of Council ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously b) Ontario Small Urban Convention 2018 - AGM this May at the Sheraton on the Falls. RECOMMENDATION: For the Information of Council Page 6 of 17 Page 18 of 566 City Council April 24, 2018 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the communication be received. Carried Unanimously c) Niagara Regional Labour Council - requesting that April 28, 2018 be proclaimed as a " National Day of Mourning" in the City of Niagara Falls and further that Council and staff be invited to attend the ceremony at 10:30 a.m. at the Workers Monument at City Hall. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously d) Falun Dafa Association of Canada - that the month of May be recognized as "Falun Dafa Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously e) Moving Transit Forward – Interim Branding Strategy and Communications Approach Recommendation: For the Approval of Council ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously f) City of Welland Resolution – Requesting the Ontario Government to implement reforms that would encourage the remediation of abandoned contaminated properties. RECOMMENDATION: For the Approval of Council Page 7 of 17 Page 19 of 566 City Council April 24, 2018 ORDERED on the motion of Councillor Vince Kerrio that the communication be approved. Carried Unanimously g) National Congress Italian Canadians, Niagara Peninsula District – Celebrating 8th Annual Italian Heritage Month along with Giovanni Caboto Day would like to request a flag raising on Friday June 1, 2018 at 12pm Recommendation: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously h) Taps Brewing Company - requesting relief of the noise By-law for various events taking place in 2018 at 4680 Queen Street. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously i) Rotary Niagara Falls Sunrise Ribfest – requesting that the City of Niagara Falls declare their 14th Annual Niagara Rotary Ribfest a Community Event, to be held June 15, 16, 17, 2018 at Niagara Square. Recommendation: For the Consideration of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously 9 NEW BUSINESS a) Coyotes - Hallage Trail Page 8 of 17 Page 20 of 566 City Council April 24, 2018 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo Refer to staff and report back on the issue of coyotes along the trail. Carried Unanimously b) Vacation Rental Units ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that staff continue to enforce the Short term vacation rental units in residential areas, with no grace period; the standard enforcement procedures are to be applied. Carried Unanimously c) Hwy 405 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the City put forward an official resolution requesting that the province and the Region support a fully functioning 405, to include access to and from the QEW northbound and southbound, rather than forcing traffic through the City. Carried Unanimously 10 PLANNING MATTERS a) Public Meeting AM-2018-003, Zoning By-law Amendment Application Part 1, 59R-13324 Owner: Fern Pasquale Background Report: PBD-2018-20 The report recommends: That Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Single Family 1E Density (R1E) zone, to allow the construction of two single detached dwellings, subject to the regulation outlined in this report. The Director of Planning & Development provided Council with an overview. Page 9 of 17 Page 21 of 566 City Council April 24, 2018 Fernando Pasquale, applicant, in favor of staff report and recommendation, he expressed a concern with a parking issue. The Public Meeting is Closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the recommendation in the report be approve; with no requirement to build a turnaround in the driveway which would remain optional. Carried Unanimously b) Councillor Ioannoni exited Chambers and did not return. Public Meeting AM-2018-001, Zoning By-law Amendment Application 5888 Thorold Stone Road and part of 5900 Thorold Stone Road Applicant: Lantana Holdings Inc. Background Report: PBD-2018-21 The report recommends that Council approve the Zoning By-law amendment application to rezone the lands to a site specific Light Industrial (LI) zone, to allow the expansion of the existing Chevrolet car dealership, subject to the regulations outlined in this report. The Director of Planning and Development provided an overview. Robert Martin, agent for Lantana Holdings Inc, expressed no objections, is in agreement with the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously c) Public Meeting Page 10 of 17 Page 22 of 566 City Council April 24, 2018 26CD-11-2018-001 Plan of Vacant Land Condominium 7712 Badger Road Applicant: 1962866 Ontario Inc. ( Lucy Borghesi) Recommendation Report: PBD-2018-22 The report recommends the following: That the 7712 Badger Road Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 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; 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 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 subdivision when all matters are addressed to the satisfaction of the City Solicitor. Marion Girodat, 7781 Badger Road, expressed concern with the additional traffic/noise on Badger Road. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously 11 RATIFICATION OF IN CAMERA MATTERS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. Page 11 of 17 Page 23 of 566 City Council April 24, 2018 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the by-laws be given a first reading. Carried Unanimously 2018-41 A by-law to provide for the adoption of Amendment No.115 to the City of Niagara Falls Official Plan. 2018-42 A by-law to amend By-law No. 79-200, to delete references to the term family and owner (AM-2018-002). 2018-43 A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions to address accessory dwelling units (AM-2012-014). 2018-44 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) 2018-45 A by-law to authorize the payment of $50,701,824.89 or General Purposes. 2018-46 A by-law to amend By-law 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2018-47 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of April, 2018. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously 12 ADJOURNMENT a) Adjournment of Council meeting. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the meeting be adjourned at 7:45 p.m. Carried Unanimously Page 12 of 17 Page 24 of 566 City Council April 24, 2018 CAO Mayor Page 13 of 17 Page 25 of 566 CAO-2018-01 April 24, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2018-01 Transient Accommodation Tax (a.k.a. Hotel Tax) RECOMMENDATION 1. That the City of Niagara Falls implement a Transient Accommodation Tax of $2.00 per room per night of occupancy commencing January 1, 2019. 2. That the Transient Tax apply to all accommodation in the City of Niagara Falls and that the program be implemented as outlined in this report. 3. The City of Niagara Falls supports the creation of a Niagara Falls Hotel Association (NFHA) to act as the eligible tourism entity under the regulation to distribute the funds as outlined in this report. 4. That the Transient Accommodation rate be approved for a five (5) year term, however, after January 1, 2022 (3 years), the partners agree to conduct a review of the Transient Accommodation Tax and related impact on tourism and may retain a consultant to conduct an impact study to assist in determining its effectiveness. BACKGROUND At the Council meeting held on November 28, 2017 Council received a report on the Transient Accommodation Tax. Council recommended that the implementation of the tax be deferred and no action taken until consultation has taken place with all stakeholders. On January 16, 2018 a public meeting of all stakeholders was held. Subsequent to the public meeting staff conducted further discussions with representatives from the various B.I.A’s. On March 28, 2018 a further meeting was held with B.I.A representatives whereby proposal from the accommodation sector was presented. This proposal received the support from all B.I.A’s and is reflective of the program details outlined in this report. Page 14 of 17 Page 26 of 566 2 CAO-2018-01 April 24, 2018 In April, 2017 the Province of Ontario passed Bill 127: Stronger, Healthier Ontario Act (Budget Measures) 2017, which allow lower or single tier municipalities in Ontario to charge a transient accommodation tax, also called a “Hotel Tax”, upper tier municipalities, such as the Region, are not eligible to collect funds under this regulation. The regulations (Ontario Regulations 435/17) received approval on November 23, 2017 and came into force on December 1, 2017. In a letter from the Ontario Minister of Tourism, Culture and Sport, the Honourable Eleanor McMahon, she encourages the City to consider how a new tax on transient accommodation may bring greater transparency and consistency to the existing practices in our City through the sharing of funds with a tourism organization, application of a uniform rate, and clearer labelling of the charge on hotel bills. This is an opportunity for the City of Niagara Falls to strengthen its partnership with its tourism partners to ensure that the tourism sector continues to be competitive in Niagara Falls and in Ontario. The legislation states that municipalities that adopt a hotel tax and have an existing Destination Marketing Fee (DMF) program in place are required to share the hotel tax revenue with the appropriate not-for-profit tourism organization in an amount that matches the total revenue generated by the existing (DMF) program. Where such a program does not exist for a municipality, at least 50 per cent of the hotel tax revenue is to be shared with the respective Regional Tourism Organization or a not-for-profit tourism organization. With respect to Niagara Falls at least 50% of the revenue generated must be shared with the eligible tourism entity. The City of Niagara Falls would be required to administer the collection of the proposed fee. ANALYSIS/RATIONALE The Transient Accommodation (Hotel Tax) will replace the current “DMF” programs across the province. The stakeholders will collect the tax at the source from consumers. In Niagara Falls there are currently 132 hotel/motels in the city with approximately 12,000 hotel rooms. The tax would only be charged on the hotel room and could not be applied to other components of tourism operations. The tax can also be applied to short term rentals (Airbnb, VRBO etc.) and other forms of accommodation. The only exclusion is university or college residence accommodations. Although there are no specifics outlined in the regulation, related to how the monies can be spent, it is staff’s opinion that monies collected from the “Hotel Tax” should be used to support the tourism sector. Examples of this would be financial assistance for major events, such as televised New Year’s Eve, and live concerts, fireworks, and destination marketing. Page 15 of 17 Page 27 of 566 3 CAO-2018-01 April 24, 2018 Once implemented, the Hotel Tax replaces the “DMF”. This means that tourism businesses could no longer charge a “DMF”. This does not prevent a hotel from charging a “resort fee” or “facility charge”, but these would not be considered a tax. As a result of the consultations with all stakeholders, as directed by Council, the following is an overview of the proposed transient tax program to be implemented on January 1, 2019: ● A Niagara Falls Hotel Association (a not-for-profit organization) will be created to provide a collective voice to address the needs of the accommodation sector. All accommodations are eligible for membership in the Association. ● The Niagara Falls Hotel Association (NFHA), will operate independently from Council and will be responsible to manage and disperse for tourism promotion and destination marketing, the funds that are collected. ● The City will collect the funds and retain a portion of the tax (5 %) to administer the transient tax program. ● The City will no longer directly fund from property tax or OLG sources any tourism initiatives such as the Winter Festival of Lights or Niagara Falls Tourism. This will become the responsibility of the NFHA. This includes annual fee for service requests and one-time funding requests from OLG funds. ● Other promotions such as New Year’s Eve and shows such as Kelly and Ryan and destination marketing will be funded directly through the NFHA transient tax funds. ● The collection of the funds would commence on January 1, 2019 and monies allocated by the NFHA would be dispersed starting in July, 2019. Niagara Falls Hotel Association The NFHA is proposed to be a newly created, not-for-profit organization that will act as the eligible tourism entity under the Transient Tax legislation for the purposes of distributing funds for such initiatives as: destination marketing, special events funding, fireworks and funding existing organizations such as Niagara Falls Tourism and Winter Festival of Lights. To be eligible to be a member of the NFTA you must be from the accommodation sector since the transient tax is only collected on overnight room stays. Page 16 of 17 Page 28 of 566 4 CAO-2018-01 April 24, 2018 The NFHA of Directors would be as follows: ● Fallsview B.I.A 4,404 rooms 5 seats ● Lundy’s Lane B.I.A 2,018 rooms 2 seats ● Victoria Centre B.I.A 1,917 rooms 2 seats ● Clifton Hill B.I.A. 773 rooms 1 seat ● At Large 3,055 rooms 3 seats TOTAL: 12,167 rooms 13 seats FINANCIAL/STAFFING/LEGAL IMPLICATIONS The implementation of a Hotel Tax will not have any impact on the 2018 operating budget. In 2019, a positive impact will occur due to the elimination of funding commitments currently contained in the operating budget. This includes payments to the WFOL and NFT. It should be noted that once the tax is implemented (January 1, 2019), the tourism sector can no longer charge a DMF tax. This does not prevent hotels from charging fees in their rates such as resort fees and facilities fees. The proposal recommends the collection of $2.00 per room per occupied night. It has been estimated that this will generate approximately $5 million in revenue on an annual basis. The fee will be in place for a period of 5 years, subject to a review of the program after the third year. Currently the City provides funds to Niagara Falls Tourism in the amount of $360,000 and the Winter Festival of Lights to the amount of $ 342,000 from the Operating Budget and special funding of $300,000 and $400,000 from the funds received from the OLG contribution agreement. These funds would no longer be funded from these sources but instead will be funded from the Transient Accommodation Tax. In order for the City to administer the collection of these fees, additional staffing resources will be required and included in the 2019 operating budget. Revenue to offset these costs would come from the 5% of the funds retained. At the end of each year the funding allotments would be reported to Council similar to th e reports Council receives on Sleep Cheap and OLG. Respectfully submitted: Ken Todd, Chief Administrative Officer Page 17 of 17 Page 29 of 566 May 8, 2018 Contribution Agreement Final Allocation March 31, 2018 City of Niagara Falls Ontario Lottery and Gaming Corporation Page 30 of 566 A GREAT CITY…FOR GENERATIONS TO COME •Capital Asset Reinvestment •Tax Levy Reduction •Regional Policing Casino Unit •Economic Development Initiatives •New Hospital Reserve •Financial Stability Page 31 of 566 A GREAT CITY…FOR GENERATIONS TO COME 2017-2018 Summary of Revenues and Expenditures TOTAL REVENUES $26,329,821 EXPENDITURES Approved in 2018 Budgets (passed December 12, 2017)$12,922,562 Additional Capital Projects approved by Council 192,000 Historical Property Tax Subsidy 5,945,000 NRP agreement for policing 4,200,000 Annual contribution to Hospital Reserve (2.0%)526,596 Lundy<s Lane CIP 150,000 Winter Festival of Lights Request for Annual Improvements 400,000 Economic Development request for Niagara Falls Tourism 300,000 2017-2018 Niagara District Airport capital 129,131 Less: Reallocation (984,591) TOTAL EXPENDITURES $23,780,698 TOTAL AVAILABLE FOR CAPITAL EXPENDITURES $2,548,123 Page 32 of 566 A GREAT CITY…FOR GENERATIONS TO COME Department Project Name OLG Funding Amount Total Cost Parks Land Acquisition of Ker Park 294,774 1,500,000 Parks Stage 1 of Basketball/Tennis Court Improvements 400,000 400,000 Recreation & Culture MacBain Centre -Refresh with YMCA 250,000 250,000 Fire Pumper 3 Replacement 650,000 650,000 Municipal Works -Roads Culp Street Rehabilitation 210,000 1,710,000 Transportation Traffic Calming (increased costs since Capital budget approval) 32,000 32,000 Finance/IS/Fire Fire Services Information Systems upgrade 80,000 80,000 Municipal Works -Roads Sidewalk Replacement Tourist Corridor 157,349 615,000 Municipal Works –Roads Road Rehabilitation for Dorchester Road - (increased costs since Capital budget approval) 100,000 400,000 Finance/IS/Fire Audio Visual Information System upgrade 20,000 20,000 Transportation Orion VII Engine Replacements 180,000 180,000 Transportation Tourist Corridor Traffic Management Strategy 175,000 175,000 Total Funding 2,549,123 6,012,000 Page 33 of 566 2015- A GREAT CITY…FOR GENERATIONS TO COME 14,429,094 5,945,000 1,229,131 4,200,000 526,596 Summary of Spending by Council Priority Capital - 54.80% Taxes - 22.58% Economic Development - 4.67% Police - 15.95% Hospital - 2.00%Page 34 of 566 A GREAT CITY…FOR GENERATIONS TO COME Summary •The annual revenues from OLG Contribution Agreement increased in 2017-2018 to $26.3 million from $24.5 in 2016- 2017 •Funding has been allocated this year in a similar fashion as prior years and is consistent with the direction of Council established in the first year •New this year, staff were able to use other sources of funding to ensure more priority projects are started •Staff recommend approval of the list of projects •Comments/Questions?Page 35 of 566 MW-2018-11 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-11 Road Resurfacing & Rehabilitation Program Proposed Construction Update – Dorchester Road RECOMMENDATION That the approved 2018 Capital budget for the Road Resurfacing & Rehabilitation Program be amended to include additional expenses for Dorchester Road in the amount of $400,000. EXECUTIVE SUMMARY Municipal Works staff have been working on a short term cost effective option to rehabilitate Dorchester Road between McLeod Rd and Lundy’s Lane. Full road reconstruction including new underground infrastructure works is planned to commence in the 8-10 year time frame. The purpose of this report is to update Council on the proposed road rehabilitation options for Dorchester Road. Additional funds in the amount of $400,000 are required to address resident complaints, drivability and drainage concerns. The required additional funding will come from an allocation of the Federal Government Gas Tax Program. BACKGROUND At the December 12, 2017 City Council meeting, Niagara Falls City Council approved the Capital budgets which included $1,290,000 for the 2018 Road Resurfacing & Rehabilitation Program. $500,000.00 of that amount was allocated to address concerns on Dorchester Rd. Dorchester Road from Lundy’s Lane to McLeod Rd is approximately 2km in length and has an average road width of 13.5m. This section of Dorchester Rd poses both drivability and drainage concerns. Over the years this section of Dorchester Road has been patched numerous occasions due to infrastructure repairs, which has resulted in numerous construction joints thus affecting the drivability caused by differential settlement. This section has also been identified in the CAA’s Worst Road Campaign. Page 36 of 566 2 MW-2018-11 May 8, 2018 The City’s Master Drainage Plan identified the requirement of a new storm sewer outlet for the Corwin drainage area; there is an EA currently underway to complete this process. Construction of the outlet is planned to coincide with the OPG canal rehabilitation, currently scheduled to take place in 2021 and 2022. Once completed, sewer separation work on Dorchester Road between McLeod Road and Lundy’s Lane may commence. The full road reconstruction of Dorchester Road including new infrastructure work is forecasted to commence in 8-10years time. Therefore municipal works staff has investigated two low cost and durable solutions to provide an acceptable level of service for the next ten years. ANALYSIS/RATIONALE The two road rehabilitation options municipal works staff looked at for Dorchester Road are: “Repair and Patch” and “Mill and Pave”. Due to the amount of patching required (approximately 50% of the overall area ) which is double the amount of patching initially anticipated, it would not be practical or feasible to “repair and patch”. In addition patching would increase the number construction joints and therefore would not address our drivability concern. The “Mill and Pave” option would cover the entire traveled portion of Dorchester Rd and would include a new 60mm thick asphalt wearing course (approx. 13.5m wide x 2km). An allowance has been made for asphalt base repairs (15%) as well as some granular shoulder rehabilitation (1m per side). The estimated cost for the two options is similar and ranges from $900,000 - $1,000,000. Due to the number of patches required; the “repair and patch” option will be more expensive. It is Municipal W orks recommendation that “Milling and Paving” be our temporary 10 year solution. This option will address drivability issues by removing all the construction joints; while drainage concerns will be greatly improved by re-establishing the crown in the road. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Niagara Falls City Council approved funding in the amount of $1,290,000 for the 2018 Road Resurfacing & Rehabilitation Program in the 2018 Capital Budget. An additional $400,000 is required to address added expenses for Dorchester Road. This results in a revised project budget of $1,690,000. Staff recommends that the additional funds be allocated from the City’s Federal Gas Tax Program. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. Page 37 of 566 3 MW-2018-11 May 8, 2018 LIST OF ATTACHMENTS 1. Location Map 2. Revised Capital Budget Worksheet Recommended by: Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Joe D’Agostino Page 38 of 566 MW-2018-11 Attachment #1 Location Map Page 39 of 566 MW-2018-11 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-11 Road Resurfacing & Rehabilitation Program Proposed Construction Update – Dorchester Road RECOMMENDATION That the approved 2018 Capital budget for the Road Resurfacing & Rehabilitation Program be amended to include additional expenses for Dorchester Road in the amount of $400,000. EXECUTIVE SUMMARY Municipal Works staff have been working on a short term cost effective option to rehabilitate Dorchester Road between McLeod Rd and Lundy’s Lane. Full road reconstruction including new underground infrastructure works is planned to commence in the 8-10 year time frame. The purpose of this report is to update Council on the proposed road rehabilitation options for Dorchester Road. Additional funds in the amount of $400,000 are required to address resident complaints, drivability and drainage concerns. The required additional funding will come from an allocation of the Federal Government Gas Tax Program. BACKGROUND At the December 12, 2017 City Council meeting, Niagara Falls City Council approved the Capital budgets which included $1,290,000 for the 2018 Road Resurfacing & Rehabilitation Program. $500,000.00 of that amount was allocated to address concerns on Dorchester Rd. Dorchester Road from Lundy’s Lane to McLeod Rd is approximately 2km in length and has an average road width of 13.5m. This section of Dorchester Rd poses both drivability and drainage concerns. Over the years this section of Dorchester Road has been patched numerous occasions due to infrastructure repairs, which has resulted in numerous construction joints thus affecting the drivability caused by differential settlement. This section has also been identified in the CAA’s Worst Road Campaign. Page 40 of 566 2 MW-2018-11 May 8, 2018 The City’s Master Drainage Plan identified the requirement of a new storm sewer outlet for the Corwin drainage area; there is an EA currently underway to complete this process. Construction of the outlet is planned to coincide with the OPG canal rehabilitation, currently scheduled to take place in 2021 and 2022. Once completed, sewer separation work on Dorchester Road between McLeod Road and Lundy’s Lane may commence. The full road reconstruction of Dorchester Road including new infrastructure work is forecasted to commence in 8-10years time. Therefore municipal works staff has investigated two low cost and durable solutions to provide an acceptable level of service for the next ten years. ANALYSIS/RATIONALE The two road rehabilitation options municipal works staff looked at for Dorchester Road are: “Repair and Patch” and “mill and pave”. Due to the amount of patching required (approximately 50% of the overall area) which is double the amount of patching initially anticipated, it would not be practical or feasible to “repair and patch”. In addition patching would increase the number construction joints and therefore would not address our drivability concern. The “Mill and Pave” option would cover the entire traveled portion of Dorchester Rd and would include a new 60mm thick asphalt wearing course (approx. 13.5m wide x 2km). An allowance has been made for asphalt base repairs (15%) as well as some granular shoulder rehabilitation (1m per side). The estimated cost for the two options is similar and ranges from $900,000 - $1,000,000. Due to the number of patches required; the “repair and patch” option will be more expensive. It is Municipal Works recommendation that “Milling and Paving” be our temporary 10 year solution. This option will address drivability issues by removing all the construction joints; while drainage concerns will be greatly improved by re-establishing the crown in the road. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Niagara Falls City Council approved funding in the amount of $1,290,000 for the 2018 Road Resurfacing & Rehabilitation Program in the 2018 Capital Budget. An additional $400,000 is required to address added expenses for Dorchester Road. This results in a revised project budget of $1,690,000. Staff recommends that the additional funds be allocated from the City’s Federal Gas Tax Program. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. Page 41 of 566 3 MW-2018-11 May 8, 2018 LIST OF ATTACHMENTS 1. Location Map 2. Revised Capital Budget Worksheet Recommended by: Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Joe D’Agostino Page 42 of 566 TS-2018-10 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-10 Mewburn Road – Speed Control Review RECOMMENDATION 1. That the speed control plan consisting of three (3) speed cushions on Mewburn Road between Mountain Road and Scholfield Road be approved. 2. The construction of the three (3) speed cushions on Mewburn Road be referred to Tab 10 Capital Budget deliberations. EXECUTIVE SUMMARY A request was received from a Mewburn Road resident for Staff to review the installation of speed control devices to curtail speeding concerns. Staff followed up with speed studies and noted that a speeding problem was present. Questionnaires distributed to all residents on Mewburn Road garnered a majority support for speed control devices from the neighbourhood. BACKGROUND Mewburn Road is a two-lane, two-way residential collector road that extends 460 metres from Mountain Road to Scholfield Road with a predominantly straight alignment. Mewburn Road has a 6.7 metre asphalt width with a sidewalk located on the east side of the road where it is mostly residential. On the west, it is vacant land. Mewburn Road is not a transit route and has a legal speed limit of 50 km/h. ANALYSIS/RATIONALE Both spot speed studies using radar and automatic traffic recorders were used to collect traffic data on Mewburn Road between Mountain Road and Scholfield Street. The radar studies revealed operating speeds of 68 km/h in the afternoon and 64 km/h during the morning peak. Staff considers a speeding problem when the operating speed exceeds the speed limit by at least 10 km/h. Given the study results, the technical component for speed control devices is fulfilled. Page 43 of 566 2 TS-2018-10 May 8, 2018 Mewburn Road carries approximately 1,400 cars daily. These traffic volumes are within the expectations of a collector road. There is not a collision problem on Mewburn Road. Given that a speeding problem was identified, Staff solicited the input of the neighbourhood on their preference for speed control devices. A total of fifty-two (52) questionnaires were delivered to all property owners. Thirty-one (31) responses were received, representing a 60% response rate. Twenty-seven (27) respondents identified that they are in support of speed control devices, which is a 52% support from neighbourhood. The response rate surpasses the minimum 51% of the residents on the streets that have to be in favour of speed control devices. Therefore, the residential component for speed control devices is fulfilled. Given that the neighbourhood was in support of speed mitigation measures, Staff developed a speed control plan that consisted of a series of speed cushions. Speed cushions are a modified speed hump that has openings to allow vehicles with wider wheelbases, such as a fire truck or an ambulance, unencumbered passage. A driver of a passenger vehicle will have one side of their vehicle pass over the hump. Speed cushions are generally round or flat-topped encouraging motorists to drive over them at speeds of 30-40 km/h. Speed cushions have been constructed on Angie Drive in autumn 2016 as part of the subdivision speed control plan. No negative comments have been received from residents of Angie Drive or from the surrounding neighbourhood regarding these devices. A neighbourhood meeting was held on February 22, 2018 at the Gale Centre, to allow Mewburn Road stakeholders the opportunity to review Staff’s concept plan and provide comments. One (1) resident from a Mewburn Road household attended the open house. The public meeting material was posted on the City’s website after the open house for those that could not attend the meeting, and this information was identified in the open house notice. One (1) additional comment was recieved in favour of speed control from the resident who initiated the request for speed control on Mewburn Road Fire Service Staff has no objections to the speed control plan. The proposed speed cushions will allow their fire response vehicles to bypass the devices without being delayed. Staff is recommending the construction of three (3) speed cushions in the locations identified at the February 22, 2018 public meeting. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Traffic Calming Program was approved in the 2018 Capital Budget. The estimated cost of completing the program are expected to be higher than budgeted amount. Based on the detailed cost of construction, the additional funding required to complete Page 44 of 566 3 TS-2018-10 May 8, 2018 the 2018 program is $8,500. Therefore, it is recommended that this be included in the Tab 10 Capital Budget deliberations. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area Drawing February 22, 2018 Public Meeting Boards Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 45 of 566 TS-2018-10 Mewburn Road Speed Cushions Speed Control Review Page 46 of 566 WELCOME MEWBURN ROAD SPEED CONTROL REVIEW NEIGHBOURHOOD OPEN HOUSE City of Niagara Falls Transportation Services Page 47 of 566 NEIGHBOURHOOD TRAFFIC REVIEW OBJECTIVES A Neighbourhood Traffic Review should be undertaken in consideration of the following goals: Enhance the quality of life and livability in City of Niagara Falls' neighbourhoods through the use of traffic management measures, such as speed humps, that reduce or control the impact of vehicle traffic; Change the culture of neighbourhood street use from 'cars first' to 'people first'; Create neighbourhood environments that support and encourage the use of non -auto modes of travel such as cycling, walking and transit; and, Develop a transportation system that recognizes and accommodates to the greatest extent possible, the multitude of activities that take place along the roadway. The process should involve: Public consultation and input in all aspects of the process; A process that is fair, balanced and equitable and reflects the needs of all users; and A process that reflects the City of Niagara Falls funding capabilities. Specific objectives of the Neighbourhood Traffic Review are to: Improve safety and convenience for all users of the street; Reduce the number and severity of collisions; Reduce the volume and/or speed of motorized traffic; Reduce the volume of traffic that has neither its origin or destination within the residential neighbourhood; Minimize effects on the adjacent or nearby local residential streets; and Reduce motor vehicle emissions. Page 48 of 566 BACKGROUND & EXISTING CONDITIONS The City received a request from a resident to review the speed of traffic and consider speed control devices on Mewburn Road Mewburn Road between Mountain Road and Scholfield Road is a two-lane, two-way residential collector road extends 460 metres from Mountain Road to Scholfield Street is one of three entry points into the neighbourhood from Mountain Road has a semi-urban cross-section consisting of shoulders and ditches on both sides and a continuous sidewalk on the east side is flanked by residential properties which include two condominium complexes, a motel, several detached residential properties and vacant land west side is flanked by vacant land contains a sharp curve at the junction with Scholfield Street has a 6.7 metre road width has a 50 km/h speed limit is not a transit route, but is used by school bus drivers intersection of Mewburn Road and Mountain Road is controlled by a roundabout QEW freeway is parallel with Mewburn Road allows parking on both sides of Mewburn Road Is a collector bike route Page 49 of 566 TECHNICAL DATA Mewburn Road carries approximately 1,420 cars daily between Mountain Road and Scholfield Street. These traffic volumes are within the expectations of a minor collector road. There is no collision problem on Mewburn Road. There have been no reported motor vehicle collisions in the previous three years. Speed studies were carried out both in the morning and afternoon. The data identified that the operating speed is 68 km/h along the study portion of Mewburn Road. The City considers a speeding problem when the operating speed exceeds the speed limit by a minimum of 10 km/h. Given the operating speeds of motorists utilizing Mewburn Road the technical component for speed control devices is fulfilled. Page 50 of 566 PUBLIC CONSULTATION Given that a speeding problem was identified, Staff solicited the input of the neighbourhood on their preference for speed control devices. The area of solicitation encompasses residences between Mountain Road and Scholfield Street. The residential component for speed control devices on Mewburn Road has been achieved. Mewburn Road between Mountain Road and Scholfield Street o 52 questionnaires were delivered o 31 responses were received (60%) o 28 respondents are in support of speed control devices equating to 54% support o 3 respondents are not in support of speed control devices Page 51 of 566 SPEED CUSHIONS Speed cushions are a modified speed hump that has openings to allow vehicles with wider wheelbases, such as a fire truck or a n ambulance, unencumbered passage. A driver of a passenger vehicle will have one side of their vehicle pass over the hump . Speed cushions are generally round or flat-topped encouraging motorists to drive over them at speeds of 30 -40 km/h. Each speed cushion costs approximately $5,000 Advantages: Reduces speed of motorists to less than 40 km/h Have the advantage of being self-enforcing May reduce number & severity of collisions Safer conditions for cyclists and pedestrians A parking restriction is not required at the speed cushion location Discourages cut-through traffic Does not slow down emergency vehicles (due to wider wheelbases) as drivers can pass through the gaps Disadvantages: Increases noise with drivers decelerating & accelerating over the humps Local Example: •Angie Drive (off of Kalar Road south of Freshco) Photo of a portable speed cushion for clarity Page 52 of 566 Speed Bump Speed Cushion Height 8 centimetres 8 centimetres Length 30-40 centimetres 4 metres Causes… Abrupt vertical motion Gentle rocking motion Encourages speeds of… 10 km/h or less 30-40 km/h Legal on Public Roads? No Yes What is the difference between a speed bump and a speed cushion? SPEED CUSHION SPECIFICATIONS Page 53 of 566 GUIDING PRINCIPLES Speed control devices are located based on the following: Devices are most effective if they are evenly spaced so that motorists are not able to speed between them Cannot be placed in front of driveways since signs are posted on both sides of the road next to the device. This way their location is known when the roads are snow covered. Devices are avoid on road curves. Avoid placing them where utilities, manholes, valves, catch basins, etc. are located; and ensure positive drainage is maintained February 22, 2018 Page 54 of 566 NEIGHBOURHOOD SPEED WATCH PROGRAM The Neighbourhood “Speed Watch” Program is an educational safety program designed to raise awareness of the speed drivers are traveling. A group of two or more concerned residents volunteers a few hours of their time to operate the equipment and identify speeding vehicles in the neighbourhood. The Neighbourhood “Speed Watch” Program is intended to give motorists a “friendly reminder” of the speed in residential areas. Page 55 of 566 CONCEPT PLAN, NORTHERN SECTION OF STUDY AREA Three (3) speed cushions are proposed as follows: 1.In front of 2684/2720 Mewburn Road 2.In front of 2700 Mewburn Road 3.In front of 2878 Mewburn Road Page 56 of 566 NEXT STEPS Your input is important! Please take the time to comment on the study findings and recommended plan by either completing the comments sheet or getting in touch with one of the project team members. Talk to your neighbours who could not attend tonight and encourage them to provide their support for the speed control plan. Staff will incorporate and/or address the comments and suggestions received from this neighbourhood meeting in the final plan. Comments are requested by Friday, March 2, 2018. Bring the matter to City Council for approval. Page 57 of 566 THANK YOU FOR ATTENDING The display boards and comment form from tonight’s meeting will be posted on the City’s website by the end of the week. www.niagarafalls.ca City Hall Departments Transportation Services Transportation Engineering Project team members – John Grubich, C.E.T. Ashor Barkho •Traffic Planning Supervisor Traffic Technologist •(905) 356-7521 ext. 5214 (905) 356-7521 ext. 5202 •jgrubich@niagarafalls.ca abarkho@niagarafalls.ca Page 58 of 566 TS-2018-13 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-13 Mount Carmel Boulevard – Speed Control Review RECOMMENDATIONS 1. That the speed control plan consisting of two (2) speed cushions and one (1) raised pedestrian crossover on Mount Carmel Boulevard between Cardinal Drive and Montrose Road be approved and; 2. The construction of the speed cushions and raised pedestrian crossover on Mount Carmel Boulevard be referred to the Tab 10 Capital Budget deliberations. EXECUTIVE SUMMARY Staff received a resident request to review the installation of speed control devices on Mount Carmel Boulevard to curtail speeding concerns. Staff followed up with speed studies and noted that a speeding problem was present. During the initial request, questionnaires distributed to residents on Mount Carmel Boulevard between Cardinal Drive and Montrose Road did not garner a majority support for speed control devices from the neighbourhood and thus no further action was carried out. As a result of continued concerns from homeowners, Staff conducted additional speed studies and confirmed that the speeding problem persists. Staff re-solicited the neighbourhood three additional responses in support control were received. The combined results from both sets of questionnaires are provided in the table below: Total Delivered In favour Opposed No Response 42 20 (47.6 percent) 7 (16.7 percent) 15 (35.7 percent) According to the City’s Neighbourhood Traffic Management Policy, the residential component is two (2) favourable responses shy of meeting the minimum 51% support rate from the neighbourhood. Within the Policy, the City reserves the right to install Page 59 of 566 2 TS-2018-13 May 8, 2018 speed control measures as circumstances require; therefore, Staff is recommending that the speed control plan be approved as a result of the following: Operating speeds are consistently above acceptable threshold; Safety concern for pedestrians, specifically children given the vicinity in Mount Carmel Neighbourhood Park; and Continued safety concerns are being raised by residents regarding the speed of drivers next to the community park. BACKGROUND Mount Carmel Boulevard is a minor collector road with a 9.2 metre pavement width. Light standards are present on both sides providing illumination at night. Sidewalks are present on both sides of Mount Carmel Boulevard separated from the roadway by grass boulevards. The legal speed limit is 50 km/h. The study area, Cardinal Drive to Montrose Road, consists of residential dwellings with Mount Carmel Park on the south side of Mount Carmel Boulevard between Bernadette Crescent and Southwood Drive. Parking is currently permitted on both sides during the daytime period. ANALYSIS/RATIONALE Speed studies carried out on Mount Carmel Boulevard between Cardinal Drive and Montrose Road revealed operating speeds of 54 km/h in the afternoon and 53 km/h during the morning peak. Staff considers a speeding problem when the operating speed exceeds the speed limit where there is at least one pedestrian generator, such as a school or a community park abutting the road. Given the study results, the technical component for speed control devices is fulfilled. Mount Carmel Boulevard carries approximately 1,300 cars daily. These traffic volumes are within the expectations of a collector road. There is not a collision problem on Mount Carmel Boulevard. Given that a speeding problem was identified, Staff solicited the input of the neighbourhood in November 2016 on their preference for speed control devices. A total of forty-two (42) questionnaires were delivered to all property owners. Twenty-three (23) responses were received, representing a 55% response rate. Eighteen (18) respondents identified that they were in support of speed control devices, which is a 43% support from neighbourhood. This is below the minimum 51% required to meet the residential component and thus, Staff advised the neighbourhood that no further action would be taken at that time. Staff continued to receive speed-related concerns on Mount Carmel Boulevard and since the number of homeowners in favour of speed control was close to being reached, Page 60 of 566 3 TS-2018-13 May 8, 2018 Staff prepared a speed control plan that consisted of two speed cushions and a raised pedestrian crossover. Speed cushions are a modified speed hump that has openings to allow vehicles with wider wheelbases, such as a fire truck or an ambulance, unencumbered passage. A driver of a passenger vehicle will have one side of their vehicle pass over the hump. Speed cushions are generally round or flat-topped encouraging motorists to drive over them at speeds of 30-40 km/h. Speed cushions have been constructed on Angie Drive in autumn 2016 as part of the subdivision speed control plan. No negative comments have been received from residents of Angie Drive or from the surrounding neighbourhood regarding these devices. Pedestrian crossovers are a new device that gives pedestrians the right-of-way to cross the road. Motorists and cyclists must stop and yield to pedestrians intending to cross the road, and wait for them to completely reach the other side before proceeding. Pedestrian crossovers are marked by signs and pavement markings. In some cases they may also have pedestrian-activated flashing lights. In the case for Mount Carmel Boulevard, the warrant for pedestrian-activated flashing lights is not met. Fire Service Staff has no objections to the speed control plan. The proposed speed cushions will allow their fire response vehicles to bypass the devices without being delayed. A second questionnaire was delivered in February 2018 to residents who did not respond to the first questionnaire with their notice of the public open house. An additional two (2) homeowners responded that they were in favour of speed control. Two (2) homeowners responded that they are not in favour of speed control devices while two (2) residents re-iterated that all-way stops are the best solution, as they had done with the first questionnaire. A 64% response rate was received from the two questionnaires. Twenty (20) homeowners in total identified that they were in support of speed control devices, which is a 48% support from neighbourhood. This is slightly below the minimum 51% required to meet the residential component. Fifteen (15) homeowners did not respond. A neighbourhood meeting was held on March 1, 2018 at the Gale Centre, to allow Mount Carmel Boulevard stakeholders the opportunity to review Staff’s concept plan and provide comments. Five (5) residents attended the open house, all of which identified their support for speed control through the questionnaire. The public meeting material was posted on the City’s website after the open house for those that could not attend the meeting, and this information was identified in the open house notice. All attendants of the public open house were in favour of speed control. The technical component has been fulfilled and the residential component is two (2) favourable responses shy of meeting the minimum 51% support rate from the neighourhood. However, given the continuing concerns with drivers speeding next to the community park, with the majority of those that replied supporting speed control, Page 61 of 566 4 TS-2018-13 May 8, 2018 Staff is recommending the construction of two (2) speed cushions and one (1) raised pedestrian crossover in the locations identified at the March 1, 2018 public meeting. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The construction of the two (2) speed cushions and one (1) raised pedestrian crossover is estimated at $23,000. This project was not identified at the time the 2018 Capital Budget was developed, however, due to the results of the public consultation, staff believe it’s important to proceed with this project this season. As a result, it is recommended that the project be included in the Tab 10 Capital Budget deliberations. The installation of the signs for the devices is to be carried out by Transportation Services staff. It is estimated that the cost to install the signs and apply the appropriate pavement markings is approximately $2,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area Drawing March 1, 2018 Public Meeting Boards Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 62 of 566 TS-2018-13 Speed Cushion Mount Carmel Boulevard Speed Control Review Raised Pedestrian Crossover Mt Carmel Park Page 63 of 566 WELCOME MOUNT CARMEL BOULEVARD SPEED CONTROL REVIEW NEIGHBOURHOOD OPEN HOUSE City of Niagara Falls Transportation Services Page 64 of 566 NEIGHBOURHOOD TRAFFIC REVIEW OBJECTIVES A Neighbourhood Traffic Review should be undertaken in consideration of the following goals: Enhance the quality of life and livability in City of Niagara Falls' neighbourhoods through the use of traffic management measures, such as speed humps, that reduce or control the impact of vehicle traffic; Change the culture of neighbourhood street use from 'cars first' to 'people first'; Create neighbourhood environments that support and encourage the use of non -auto modes of travel such as cycling, walking and transit; and, Develop a transportation system that recognizes and accommodates to the greatest extent possible, the multitude of activities that take place along the roadway. The process should involve: Public consultation and input in all aspects of the process; A process that is fair, balanced and equitable and reflects the needs of all users; and A process that reflects the City of Niagara Falls funding capabilities. Specific objectives of the Neighbourhood Traffic Review are to: Improve safety and convenience for all users of the street; Reduce the number and severity of collisions; Reduce the volume and/or speed of motorized traffic; Reduce the volume of traffic that has neither its origin or destination within the residential neighbourhood; Minimize effects on the adjacent or nearby local residential streets; and Reduce motor vehicle emissions. Page 65 of 566 BACKGROUND & EXISTING CONDITIONS The City received a request from a resident to review the speed of traffic and consider speed control devices on Mount Carmel Boulevard Mount Carmel Boulevard between Montrose Road and Cardinal Drive is a two-lane, two-way residential collector road extends 1.2 kilometres from Kalar Road to Montrose Road is one of four entry points into the neighbourhood from Montrose Road, and the single access from Kalar Road has an urban cross-section consisting of a concrete curb & gutter, grass boulevard and continuous sidewalk on both sides throughout the study area contains a gradual curvature between Mathews Drive and Bernadette Crescent, and a sharp curve between Mount Olive Crescent and Westminster Drive has a 9.2 metre road width has a 50 km/h speed limit is not a transit route has an all-way stop at Cardinal Drive contains Mount Carmel Park, located Between Bernadette Crescent and Southwood Drive contains Shriner’s Woodlot Park between Mathew Drive and Cardinal Drive St. Vincent De Paul Catholic Elementary School located southwest of the subdivision near Kalar Road and Thorold Stone Road allows parking on both sides of Mount Carmel Boulevard between Kalar Road and Montrose Road Is a collector bike route Page 66 of 566 TECHNICAL DATA Mount Carmel Boulevard carries approximately 1,300 cars daily in the vicinity of Mount Carmel Park, mid-way between Cardinal Drive and Montrose Road. These traffic volumes are within the expectations of a minor collector road. A collision problem has not been found on Mount Carmel Boulevard. There have been no reported motor vehicle collisions in the previous three years. St. Vincent De Paul Catholic Elementary School has a large boundary area for children walking to school. Mount Carmel Boulevard is used by children walking to/from the school. Speed studies were carried out both in the morning and afternoon. The data identified that the operating speed is 54 km/h in the vicinity of Mount Carmel Park. The City considers a speeding problem when the operating speed exceeds the speed limit where there is at least one pedestrian generator abutting the road. Given that a neighbourhood park abuts Mount Carmel Boulevard the technical component for speed control devices is fulfilled. Page 67 of 566 PUBLIC CONSULTATION Given that a speeding problem was identified, Staff solicited the input of the neighbourhood on their preference for speed control devices. The initial area of solicitation encompasses residences between Cardinal Drive and Montrose Road. To date, the residential component for speed control devices on Mount Carmel Boulevard has not been achieved. However, the City continues to receive concerns from homeowners and additional speed data validated that a speeding problem remains. Mount Carmel between Cardinal Drive and Montrose Road o 42 questionnaires were delivered o 27 responses were received (68%) o 20 respondents are in support of speed control devices equates to 48% support o 7 respondents are not in support of speed control devices Page 68 of 566 SPEED CUSHIONS Speed cushions are a modified speed hump that has openings to allow vehicles with wider wheelbases, such as a fire truck or a n ambulance, unencumbered passage. A driver of a passenger vehicle will have one side of their vehicle pass over the hump . Speed cushions are generally round or flat-topped encouraging motorists to drive over them at speeds of 30 -40 km/h. Each speed cushion costs approximately $5,000 Advantages: Reduces speed of motorists to less than 40 km/h Have the advantage of being self-enforcing May reduce number & severity of collisions Safer conditions for cyclists and pedestrians A parking restriction is not required at the speed cushion location Discourages cut-through traffic Does not slow down emergency vehicles (due to wider wheelbases) as drivers can pass through the gaps Disadvantages: Increases noise with drivers decelerating & accelerating over the humps Local Example: •Angie Drive (off of Kalar Road south of Freshco) Photo of a portable speed cushion for clarity Page 69 of 566 Speed Bump Speed Cushion Height 8 centimetres 8 centimetres Length 30-40 centimetres 4 metres Causes… Abrupt vertical motion Gentle rocking motion Encourages speeds of… 10 km/h or less 30-40 km/h Legal on Public Roads? No Yes What is the difference between a speed bump and a speed cushion? SPEED CUSHION SPECIFICATIONS Page 70 of 566 PEDESTRIAN CROSSOVER The Ontario Government is allowing municipalities to install new types of crossovers. Below is an illustration of a crossover that would be appropriate on Mount Carmel Boulevard. Drivers, including cyclists are legally required to stop and yield the entire roadway for a pedestrian at a pedestrian crossovers. Only when pedestrians have completely crossed the road and are safely on the sidewalk can drivers and cyclists proceed. Drivers are not required to stop at the pedestrian crossover if there is not a pedestrian wishing to cross the road. There are two (2) other versions of the new crossovers that have flashing beacons, but these are typically installed on higher volume roads. Cost to install signs and markings is approximately $2,500. Page 71 of 566 GUIDING PRINCIPLES Speed control devices are located based on the following: Devices are most effective if they are evenly spaced so that motorists are not able to speed between them Cannot be placed in front of driveways since signs are posted on both sides of the road next to the device. This way their location is known when the roads are snow covered. Devices are avoid on road curves. Avoid placing them where utilities, manholes, valves, catch basins, etc. are located; and ensure positive drainage is maintained Devices are unnecessary near the existing all-way stop at Cardinal Drive, since drivers are required to stop at this intersections by law. Page 72 of 566 NEIGHBOURHOOD SPEED WATCH PROGRAM The Neighbourhood “Speed Watch” Program is an educational safety program designed to raise awareness of the speed drivers are traveling. A group of two or more concerned residents volunteers a few hours of their time to operate the equipment and identify speeding vehicles in the neighbourhood. The Neighbourhood “Speed Watch” Program is intended to give motorists a “friendly reminder” of the speed in residential areas. Page 73 of 566 CONCEPT PLAN Two (2) speed cushions are proposed as follows: 1.In front of 7773 Mount Carmel Boulevard/Mount Carmel Park 2.In front of 7677/7678 Mount Carmel Boulevard One (1) raised crosswalk and PXO is proposed: 1.Side of 7860 Bernadette Crescent/ Mount Carmel Park Given existing conditions, there is no opportunity to relocate devices Note: proposed eastern speed cushion is subject to majority approval by the residents Page 74 of 566 NEXT STEPS Your input is important! Please take the time to comment on the study findings and recommended plan by either completing the comments sheet or getting in touch with one of the project team members. Talk to your neighbours who could not attend tonight and encourage them to provide their support for the speed control plan. Staff will incorporate and/or address the comments and suggestions received from this neighbourhood meeting in the final plan. Comments are requested by Friday, March 9, 2018. Bring the matter to City Council for approval. Include Mount Carmel Boulevard in the 2019 Capital Budget Deliberation Page 75 of 566 THANK YOU FOR ATTENDING The display boards and comment form from tonight’s meeting will be posted on the City’s website by the end of the week. www.niagarafalls.ca City Hall Departments Transportation Services Transportation Engineering Project team members – John Grubich, C.E.T. Ashor Barkho •Traffic Planning Supervisor Traffic Technologist •(905) 356-7521 ext. 5214 (905) 356-7521 ext. 5202 •jgrubich@niagarafalls.ca abarkho@niagarafalls.ca Page 76 of 566 F-2018-20 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-20 OLG Funding Report – Capital Projects RECOMMENDATION 1) That Council amend the 2018 Capital Budget to include the additional projects totaling $2,549,123 identified in this report and use funding from the OLG Municipality Contribution Agreement Reserve. 2) That Council amend the 2018 Capital Budget to approve additional projects utilizing allocation from the Federal Gas Tax Reserve and Public Purpose Land Reserve. 3) That Council approve the transfer of $526,596 to the Future Hospital Reserve Fund. EXECUTIVE SUMMARY In 2013, the City of Niagara Falls approved the new Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG). This agreement significantly increased the City’s hosting fees from the previous agreement. The City has recently received the reconciliation of annual revenue for the third year of the agreement ending March 31, 2018. The total amount the City received was $26,329,821 ($24,572,980 in 2017). Since the inception of the agreement, staff has updated Council regularly on the commitments and use of the funds received. This report provides a summary of the funds provided for this third year. During the 2018 budget deliberations, Council committed $24,765,289 of the funds received to operational and capital needs. In addition, during staff’s year-end reconciliations for (Federal Gas Tax, OCIF), it was identified that additional funds were available. Staff are recommending utilizing these funds at this time to further address the backlog of priority projects that are currently unfunded. In addition, staff have used the Public Purpose Reserve for Council’s purchase of the lands at Ker Park. Similar to previous years, staff recommended and Council agreed to wait until the annual reconciliation was received from OLG before committing the balance of funds. Page 77 of 566 2 F-2018-20 May 8, 2018 Some reports are included in tonight’s meeting that identify immediate concerns not previously identified. Consistent with the objectives of financial stability, staff are recommending that a transfer to the future hospital be approved. These transfers are the annual allocation to the future hospital fund ($526,596) or 2% of the total received. The spending allocations for this year are consistent with direction staff received. Specifically levy reduction (22.58%), capital reinvestment (54.80%), regional policing (15.95%), economic development initiatives (4.67%) and the new hospital reserve (2.00%). In addition, attached for Council’s information is an update of ongoing capital projects. BACKGROUND In September 2013, Council approved the Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG). This Agreement increased the hosting fee to the municipality for the two casinos located in Niagara Falls. The funding period is based on the Province’s fiscal year, specifically April 1st to March 31st. Payments, based on a percentage of gaming revenues, are received by the City each quarter. ANALYSIS/RATIONALE The City received a total of $26,329,821 during the third year ending March 31, 2018. At various points during the year and during budget deliberations, Council approved $24,765,289. It should be noted that during the ongoing year-end reconciliation of capital projects, staff have been able to reallocate $984,591 of funding into the OLG reserve. The summary of revenues and expenditure commitments is provided in Chart 1. At this time, staff has approximately $2,549,123 remaining available for use. The purpose of this report is to allocate the funding to capital projects which are presently unfunded. To assist Council in making prudent allocation decisions amongst competing departmental priorities, directors were asked to prioritize the additional capital projects identified in TAB 10 for their departments. The projects that are recommended are based on this prioritization and only those projects that are ready to proceed at this time and meet critical Operating or Capital needs are being advanced. The list has been amended from the original list in the 2018 Capital Budget. Chart 3 summarizes the department’s priorities for capital projects. This listing is Tab 10. There has been a few edits to the original project estimates due to new information. Similarly, the year-end review has resulted in additional allocation of Federal Gas Tax funding due to project completions and additional funding received in 2017/2018. As a result, additional capital projects on Tab 10 are being brought forward at this time. Page 78 of 566 3 F-2018-20 May 8, 2018 Lastly, as per Council’s request, staff have provided the summary of the status of ongoing capital projects. At present time, there are no requirements to fund these projects. As the charts show, most of the projects are on budget while those few projects that are above budget can be offset by underspending in other projects. A report on closed projects and final funding will be provided once the year end is completed. FINANCIAL/STAFFING/LEGAL IMPLICATIONS At the inception of the agreement, Council provided direction to staff on the use of the funds received. As a result, Council adopted five key areas of expenditures that funds should be used for. These include 1) property tax relief 2) future Niagara Falls hospital 3) Capital Asset Investments 4) Economic Development Initiatives 5) NRPS funding. The funds used by those areas are shown in Chart 4. This report is the culmination of the fifth fiscal year under the new agreement. Staff are proposing to allocate the remainder of OLG funds as outlined in Chart 4. If the recommended projects are approved tonight, the allocation amongst the Council priorities is shown in Chart 5. Capital reinvestment (54.80%) Levy reduction (22.58%) Fallsview Casino Policing Grant (15.95%) Economic Development Initiatives (4.67%) Transfer to Hospital Reserve (2.00%) As this chart outlines, Council continues to find a balance amongst the original priorities. The increased spending on capital infrastructure without debt financing has allowed the City to continue to reduce its outstanding debt position. Council requested that a revised funding formula be established for 2018-2019. A draft is attached for Council’s consideration in the 2019 budget year. CITY’S STRATEGIC COMMITMENT Financial Sustainability Investment and Sustainability of City Infrastructure Page 79 of 566 4 F-2018-20 May 8, 2018 LIST OF ATTACHMENTS Chart 1 – Summary of 2017-2018 Actual Revenues and Expenditures Chart 2 – Priority 1 projects without funding (known as Tab 10) Chart 3 – Unfunded Capital Projects by Department, by priority Chart 4 – Summary of Recommended Projects by staff Chart 5 – Summary of Spending by Council Priority (pie chart) Chart 6 – Active Capital Projects as at April 30, 2018 Chart 7 – Draft Policy – Allocation of Annual Proceeds Recommended by: Todd Harrison, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 80 of 566 City of Niagara Falls F-2018-20 OLG Contributory Agreement CHART 1 Summary of 2017-2018 Actual Revenues and Expenditures For the year period ended March 31, 2018 2017-2018 Total Funding Received after 9 Months $20,783,356 Add : ACTUAL 4th Quarter payment $5,546,465 Projected Funding for the full period $26,329,821 Expenditures Approved in 2018 Budgets Various Projects in 2018 Approved Capital Budget ( originally)12,922,562$ Additional capital projects approved 192,000 Historical Property Tax Subsidy 5,945,000 2018 Niagara District Airport Additional funding required 129,131 Lundys Lane CIP program 150,000 WFOL request for Annual Light improvments 400,000 Niagara Falls Tourism Annual Destination Marketing Campaign 300,000 NRP agreement for policing 4,200,000 Annual Contribution to Hospital Reserve (2.0%)526,596 $24,765,289 Projected Additional available before council requests $1,564,532 Additional requests being condsidered by Council Project funding reallocated due to increase Gas Tax and OCIF 984,591 984,591 Total Available for Additional Projects $2,549,123 Page 81 of 566 F-2018-20 Chart 2 Fire Boat House (Chippawa)10,000 Pager Upgrade Volunteers 20,000 Station 7 5,405,000 Training Tower Conversion 295,000 5,730,000$ Municipal Works Armoury Street SS - Victoria to Crysler 100,000 Banting Avenue Sewer & Watermain 80,000 Bukator & Rapids View Drive Sewer Separation 142,100 Beaver Valley SWM Pond Capacity Improvements 50,000 Chippawa Parkway Culvert Rehabilitation-Design/Construction 288,000 Chippawa Parkway Culvert Rehabilitation-Construction 280,500 Culp Street Construction 1,710,000 Detenbeck Road Bridge 45,000 Dock Street/Little Mississippi Drain Diversion Channel 65,000 Drummond Road Reconstruction 3,890,000 Elm Street Sewer Separation 64,600 Fallsview Boulevard Reconstruction-Phase 1 Construction 3,326,382 Fifth & Sixth Avenue Sewer Separation 1,620,800 Fourth Avenue Sewer Separation 1,486,700 George & Fraser Sewer Separation EA 100,000 Homewood Avenue Sewer Separation 61,900 Huggins Street Sewer Separation - Design 300,000 Kitchener Street Sewer Separation 3,488,900 Koabel Road Bridge Rehab Design 70,000 Major Donald Bridge Rehab Design 70,000 Maple Street Sewer Separation 106,900 Marshall Road Bridge 12,000 Mewburn Road Pumping Station Relocation EA 75,000 Montrose Road Business Park Pile Remediation 1,035,000 Ort Road Bridge 15,000 Peer Street Sewer Separation 2,850,000 Pin Oak Drive - Road Work & Resurfacing 3,000,000 Portage Road Sewer Separation 75,000 Portage Road - Thorold Stone Rd. to Gallinger Street 100,000 Prospect Street Sewer Separation 147,400 Queen Street Road Reconstruction - Design 60,000 Road Rehabilitation - Dorchester Road 400,000 Robinson Street Municipal Class EA 120,000 Ross St. Sewer Separation 60,000 Royal Manor Drive Bridge Design 100,000 Sanitary Network State of Good Repair Program 1,200,000 Schisler Road Bridge Rehabilitation Design 80,000 Silvertown Area Functional Servicing Assessment Study 150,000 Sinnicks Avenue Sanitary Sewer SSO 200,000 Sinnicks, Keith Outfall Rehab Design & Construction 700,000 St. James Ave Sewer Separation 920,000 St. Peter Ave. Sewer Separation 690,000 Third Avenue Sewer Separation 493,600 Willowdell Road Bridge Rehabilitation Design 90,000 Fleet:Pumper 3 Replacement 650,000 2018 Fleet Equipment Replacement 2,000,000 32,569,782$ Cemetery Fence Replacement 40,000 Installation of Columbaria 125,000 Relocation of the Niagara Falls Cenotaph 65,000 230,000$ City of Niagara Falls 2018 Capital Budget Priority 1 Projects Without Funding Page 82 of 566 F-2018-20 Chart 2 City of Niagara Falls 2018 Capital Budget Priority 1 Projects Without Funding Parks Fallsview District Streetscape Improvements 75,000 Fencing - Robert E. Keighan Park 115,000 Kalar Road Sports Park Reconstruction 840,000 Lundy's Lane Battlefield Site Development (Phase 3)530,000 Millennium Clock Improvements 32,000 NS&T Trail Improvements (Kalar to Garner Road) 60,000 Oakes Park Track Improvements 400,000 Patrick Cummings Memorial Sports Complex Improvements 100,000 Sports Field Directories 25,000 Whirlpool Road Multi-Use Trail 150,000 2,327,000$ Recreation & Culture Buck Hinsperger - Chippawa Pool Recirculation System 117,000 Coronation Centre Land Expansion 149,000 Gale Centre Outdoor Stage Storage Building & Foundation 60,000 Gale Centre - Ride on Floor Scrubber 20,000 346,000$ Transportation Parking:Lot 18 Design Phase - lot expansion 50,000 Pay & Display Update 35,000 Traffic:Pedestrian Crossover Installation Program 60,000 Traffic Signal Upgrades 168,000 Traffic Signal Rebuilds 470,000 Traffic Signal - Morrison Street at Optimist Plaza 250,000 Tourist Core Traffic Management Plan & ITS Strategy 175,000 Transp:Orion VII Engine Replacement 180,000 1,388,000$ Building Courthouse Demolition 372,000 Houck Park Clubhouse 20,000 Landscaping - City Hall 220,000 Niagara Falls Firehall Theatre 5,000 Parking Lot Asphalt Replacement for Fire Station 2 110,000 Skyjack Equipment - City Hall 20,000 Willoughby Town Hall 5,000 Window Replacement for Fire Station 1 80,000 Wood Fence Replacement for Fire Station 1, 2 and 3 50,000 882,000$ Information Systems/General Government Audio Visual Upgrades 20,000$ Chippawa Arena Cameras 15,000$ Fire Services Upgrades 80,000$ Phone System Voice Mail Upgrade 40,000$ Security Camera Upgrade 13,000$ 168,000$ Total of All Projects 43,640,782$ Page 83 of 566 F-2018-20 Chart 3 Fire Comments 1 Station 7 5,405,000 awaiting report 2 Pager Upgrade Volunteers 20,000 3 Training Tower Conversion 295,000 4 Boat House (Chippawa)10,000 Municipal Works Costs over $1 million 1 Culp Street Construction 1,710,000 2 Fifth & Sixth Avenue Sewer Separation 1,620,800 3 Fourth Avenue Sewer Separation 1,486,700 Costs under $1 million 1 Sidewalk Replacement - Tourist Core 615,000 2 Road Rehabilitation - Dorchester Rd (Interim Solution)400,000 3 George & Fraser Sewer Separation EA 100,000 4 Portage Road - Thorold Stone Rd. to Gallinger Street 100,000 5 Royal Manor Drive Bridge Design 100,000 Fleet/Fire Pumper 3 Replacement 650,000 required Cemetery Installation of Columbaria 125,000 Parks 1 Ker Park 1,500,000 2 Emergency Basketball / Tennis Courts 400,000 3 Kalar Road Sports Park Reconstruction 840,000 4 Oakes Park Track Improvements 400,000 Transportation 1 Traffic Calming 32,000 2 Orion VII Engine Replacement 180,000 3 Tourist Core Traffic Management Plan & ITS Strategy 175,000 4 Pay & Display Update 35,000 5 Traffic Signal Upgrades 168,000 6 Traffic Signal Rebuilds 470,000 7 Traffic Signal - Morrison Street at Optimist Plaza 250,000 8 Pedestrian Crossover Installation Program 60,000 9 Lot 18 Design Phase - lot expansion 50,000 Building 1 Courthouse Demolition 372,000 2 Landscaping - City Hall 220,000 3 Skyjack Equipment - City Hall 20,000 4 Houck Park Clubhouse 20,000 5 Parking Lot Asphalt Replacement for Fire Station 2 110,000 6 Willoughby Town Hall 5,000 7 Niagara Falls Firehall Theatre 5,000 8 Wood Fence Replacement for Fire Station 1, 2 and 3 50,000 9 Window Replacement for Fire Station 1 80,000 City of Niagara Falls 2018 Capital Budget Unfunded Capital Projects by Department, by Priority Page 84 of 566 Information Systems/General Government 1 Fire Services Upgrades 80,000 2 Audio Visual Upgrades 20,000 3 Chippawa Arena Cameras 15,000 4 Security Camera Upgrade - Fire 13,000 5 Phone System Voice Mail Upgrade 40,000 Total of All Projects 18,247,500$ Page 85 of 566 City of Niagara Falls F-2018-20 Summary of Projects Added to 2018 Capital Budget CHART 4 Projects recommended for Funding Not previously included in 2018 Capital Budget ( TAB 10) OLG Gas DEPT Project Name Cost Amount CA Tax PPRF SPR Description Parks Land Acquisition Ker Park $1,500,000 $294,774 $1,205,226 Council Decision Parks Stage 1 of Basketball/Tennis Court Improvements $400,000 $400,000 Recreation Macbain Centre - Refresh with YMCA $250,000 $250,000 Projects recommended for Funding previously included in 2018 Capital Budget ( TAB 10) Fire/Fleet Pumper 3 Replacement $650,000 $650,000 Department 1st Priority on TAB 10 project MW - Roads Culp Street Rehabilitation $1,710,000 $210,000 $1,500,000 Department 1st Priority on TAB 10 project TRANSPORTATION Traffic Calming increased costs from Budget approval 32,000 $32,000 Department 1st Priority on TAB 10 project Finance/IS/Fire Fire Services Informaiton System Upgrade 80,000 $80,000 Department 1st Priority on TAB 10 project MW - Roads Sidewalk Replacement Tourist Corridor 615,000 $157,349 $400,000 $57,651 Department 2nd Priority on TAB 10 project MW - Roads Road Rehab for Dorchester road ( increase from Budget)400,000 $100,000 $300,000 Department 3rd Priority on TAB 10 project Finance/IS/Fire Audio Visual Informaiton System Upgrade 20,000 $20,000 Department 2nd Priority on TAB 10 project TRANSPORTATION Orion V11 Engine Replacements 180,000 $180,000 Department 2nd Priority on TAB 10 project TRANSPORTATION Tourist Corridor Traffic Management Strategy and ITS 175,000 $175,000 Department 3rd Priority on TAB 10 project Total funding for Tab 10 Projects $6,012,000 $2,549,123 $2,200,000 $1,205,226 $57,651 Page 86 of 566 14,429,094 5,945,000 1,229,131 4,200,000 526,596 Summary of Spending by Council Priority Capital - 54.80% Taxes - 22.58% Economic Development - 4.67% Police - 15.95% Hospital - 2.00% F-2018-20 Chart 5 Page 87 of 566 F-2018-20 Attachment - Chart 6 (List of Active Projects).xlsx ACTIVE CAPITAL PROJECTS F-2018-20 At April 30/2018 (unless otherwise noted)Chart 6 (OVERSPENT) GL Number Project Number Name of Account Notes Approved Budget Expenses to Date Expenses Committed Budget Remaining General Government 12-3-100001-030000 G1 New Financials & Equipment (Apr. 30/18)Ongoing $1,459,067.00 $1,361,851.79 $35,763.55 $61,451.66 12-3-100015-030000 G15 Office Furniture (Apr. 30/18)Ongoing $130,000.00 $99,120.48 $0.00 $30,879.52 12-3-100022-030000 G22 Aruba Wireless Upgrade Just started $75,000.00 $5,448.06 $0.00 $69,551.94 12-3-100023-030000 G23 Dell - Enterprise Backup Solution Ongoing $70,000.00 $66,850.30 $0.00 $3,149.70 $165,032.82 Fire 12-3-210038-030000 F38 Bunker Gear Ongoing $879,364.00 $753,074.36 $0.00 $126,289.64 12-3-210053-030000 F53 Station 7 - Design & Engineering Ongoing $1,680,000.00 $1,787,534.68 $0.00 ($107,534.68) 12-3-210057-030000 F57 Fire Administration Rooftop Heating & Cooling Ongoing $70,000.00 $64,228.19 $0.00 $5,771.81 12-3-210058-030000 F58 Fire Stn 3 Reno Ongoing $542,374.00 $554,173.28 $46,299.79 ($58,099.07) 12-3-210061-030000 F61 Radio System Upgrade Ongoing $1,200,000.00 $850,482.70 $0.00 $349,517.30 12-3-210062-030000 F62 Portable Emergency Power (Station 4)New $60,000.00 $0.00 $0.00 $60,000.00 $375,945.00 Roads 12-3-310027-030000 R27 Kalar Rd Reconstruction - Lundy's Lane to Beaverdams Waiting for related projects $6,146,065.42 $4,747,607.79 $0.00 $1,398,457.63 12-3-310067-030000 R67 Thorold Stone Road Extension In Region's hands-2nd phase $3,968,155.00 $831,363.80 $0.00 $3,136,791.20 12-3-310071-030000 R71 Victoria Ave Streetscaping Some deficiencies $4,674,726.00 $4,410,338.54 $182,626.03 $81,761.43 12-3-310073-030000 R73 Buchanan, Desson & Slater Ongoing $5,485,925.00 $4,256,940.70 $608,607.40 $620,376.90 12-3-310075-030000 R75 Valleyway Road Widening Ongoing $454,100.00 $298,282.39 $7,990.62 $147,826.99 12-3-310080-030000 R80 Ash Tree Removal Ongoing $715,000.00 $512,262.72 $0.00 $202,737.28 12-3-310081-030000 R81 Tree Planting City Wide Ongoing $67,500.00 $34,980.51 $0.00 $32,519.49 12-3-310082-030000 R82 Tree Inventory Project Ongoing $225,000.00 $189,789.19 $27,004.91 $8,205.90 12-3-310084-030000 R84 Whirlpool Rd Rehab Under Design (Ongoing)$2,375,000.00 $66,929.86 $35,505.80 $2,272,564.34 12-3-310086-030000 R86 Second & Third Ave Laneway Reconstruction 2nd Ave to be complete 2018 $280,000.00 $123,434.61 $30,554.51 $126,010.88 12-3-310087-030000 R87 Road Resurfacing & Rehab (2016)Complete $1,350,000.00 $1,406,563.05 $0.00 ($56,563.05) 12-3-310090-030000 R90 Kalar Road - Hydro Corridor to Brown Road Ongoing $628,000.00 $536,536.97 $0.00 $91,463.03 12-3-310093-030000 R93 2017 Asphalt Overlay Phase 1 Still under Maintenance $620,000.00 $513,337.21 $93,460.61 $13,202.18 12-3-310094-030000 R94 Kalar Rd Reconstruction McLeod to Hydro Construction to follow $2,090,000.00 $23,566.38 $0.00 $2,066,433.62 12-3-310095-030000 R95 Belfast, Baldwin & Lee Ave Rd Reconstruction Construction 2019 $85,000.00 $9,381.27 $0.00 $75,618.73 12-3-310096-030000 R96 2017 New Sidewalk Construction Ongoing $475,000.00 $356,931.52 $84,153.54 $33,914.94 12-3-310098-030000 R98 2017 Sidewalk Replacement Ongoing $450,000.00 $264,891.18 $47,243.57 $137,865.25 12-3-310099-030000 R99 2017 Road Resurfacing & Rehabilitation Ongoing $825,000.00 $597,410.77 $82,865.53 $144,723.70 12-3-310100-030000 R100 Victoria Centre Streetscape Phase 2 Ongoing $8,748,000.00 $4,168,240.28 $3,163,715.37 $1,416,044.35 12-3-310102-030000 R102 Lundy's Lane Streetscape Revitilization Phase 1 Ongoing $1,547,412.00 $189,843.01 $407,485.89 $950,083.10 12-3-310103-030000 R103 Asphalt Overlay Phase 1 New $530,000.00 $0.00 $0.00 $530,000.00 12-3-310104-030000 R104 New Sidewalk Construction Just started $495,000.00 $148.69 $0.00 $494,851.31 12-3-310105-030000 R105 2018 Surface Treatment of Roads New $2,120,000.00 $0.00 $0.00 $2,120,000.00 12-3-310106-030000 R106 2018 Sidewalk Replacement New $500,000.00 $0.00 $0.00 $500,000.00 12-3-310107-030000 R107 2018 Road Resurfacing & Rehabilitation New $1,290,000.00 $0.00 $0.00 $1,290,000.00 $17,834,889.20 Page 1 of 6Page 88 of 566 F-2018-20 Attachment - Chart 6 (List of Active Projects).xlsx ACTIVE CAPITAL PROJECTS F-2018-20 At April 30/2018 (unless otherwise noted)Chart 6 (OVERSPENT) GL Number Project Number Name of Account Notes Approved Budget Expenses to Date Expenses Committed Budget Remaining Bridges & Culverts 12-3-315001-030000 BC1 Beck Road Bridge Under Design (Ongoing)$155,000.00 $112,971.32 $44,325.42 ($2,296.74) 12-3-315003-030000 BC3 Stanley Ave Bridge Ongoing $525,000.00 $376,056.10 $17,866.22 $131,077.68 12-3-315006-030000 BC6 Willowdell Road Bridge ON HOLD $56,925.00 $38,598.11 $0.00 $18,326.89 12-3-315009-030000 BC9 Mewburn Road Bridge Ongoing $5,401,824.00 $222,446.71 $0.00 $5,179,377.29 12-3-315010-030000 BC10 Chippawa Parkway Culvert Construction to follow $97,500.00 $33,246.19 $0.00 $64,253.81 12-3-315013-030000 BC13 Whirlpool Road Bridge (Deck Condition Survey)in maintenance $906,000.00 $739,322.71 $45,164.74 $121,512.55 12-3-315015-030000 BC15 Royal Manor Dr Bridge Rehab Ongoing $103,000.00 $44,799.91 $29,398.46 $28,801.63 12-3-315016-030000 BC16 Multi (4) Rural Bridge Condition Investigations Ongoing $95,000.00 $92,703.03 $0.00 $2,296.97 12-3-315017-030000 BC17 Bridges & Culverts - Multiple Rural Culverts Almost Complete $650,000.00 $431,211.17 $36,104.72 $182,684.11 12-3-315018-030000 BC18 Bridge Structure Safety Improvements (various)Ongoing $345,000.00 $45,783.03 $0.00 $299,216.97 $6,025,251.16 Municipal Services 12-3-320013-030000 MS13 (w/ 25 & 26)Hamilton St. Reconstr (4th to 6th & 5th to 6th)Ongoing $3,738,825.00 $2,698,908.41 $0.00 $1,039,916.59 12-3-320017-030000 MS17 Buckley Avenue Complete $3,069,430.00 $2,897,502.78 $194,431.29 ($22,504.07) 12-3-320019-030000 MS19 Fallsview Blvd Ongoing $417,830.00 $162,584.70 $42,809.58 $212,435.72 12-3-320022-030000 MS22 Level Ave Ongoing $1,637,738.00 $1,106,383.61 $133,465.02 $397,889.37 12-3-320027-030000 MS27 Huron St Sewer Separation/Watermain/Road ON HOLD (2021-2022)$84,500.00 $63,363.51 $9,996.13 $11,140.36 12-3-320028-030000 MS28 Second Ave Sewer Separation/Watermain/Road Ongoing $30,000.00 $20,780.19 $5,501.32 $3,718.49 12-3-320029-030000 MS29 Stanley Ave - Thorold Stone to Valleyway Waiting on revised Region Inv $1,327,876.00 $1,599,598.79 $0.00 ($271,722.79) 12-3-320032-030000 MS32 Drummond Rd WM & Road Reconstruction Ongoing $115,000.00 $4,571.58 $81,420.70 $29,007.72 12-3-320033-030000 MS33 Eldorado Storm Sewer & Rideau Watermain New $125,000.00 $0.00 $0.00 $125,000.00 12-3-320034-030000 MS34 Bukator & Rapidsview Dr Sewer Separation New $142,100.00 $0.00 $0.00 $142,100.00 $1,666,981.39 Transit 12-3-330012-030000 T12 Portable Washrom/Lunchroom Facilities - 2 locations Ongoing $100,000.00 $69,457.08 $0.00 $30,542.92 12-3-330016-030000 T16 Transit - Radio Server & Control Station @ WEGO Should be complete $13,228.00 $11,521.16 $0.00 $1,706.84 12-3-330018-030000 T18 2016 Bus Purchase Ongoing $500,000.00 $1,016,356.41 $0.00 ($516,356.41) 12-3-330019-030000 T19 Conventional Transit & Specialized Transit Bus Ongoing $4,314,624.00 $2,993,795.19 $1,237.02 $1,319,591.79 12-3-330020-030000 T20 TeleDriver Hardware/Software Ongoing $71,232.00 $38,570.43 $31,557.47 $1,104.10 12-3-330022-030000 T22 Busway & Shelter Rehabilitation & Platform Ongoing $457,920.00 $391,790.82 $46,865.18 $19,264.00 12-3-330023-030000 T23 Transit - Cummins ISL Diesel Engines Replacement Should be complete $244,224.00 $233,706.04 $0.00 $10,517.96 12-3-330024-030000 T24 Orion VII Powertrain & Body Refurbishment Ongoing $457,920.00 $39,684.10 $0.00 $418,235.90 12-3-330025-030000 T25 Fleet Management Software Ongoing $61,056.00 $48,816.79 $0.00 $12,239.21 12-3-330026-030000 T26 Intelligent Transport System-Conventional Fleet Ongoing $765,234.00 $122,491.76 $8,751.34 $633,990.90 12-3-330027-030000 T27 Transit - ZF Transmission Diagnostic Software Should be complete $6,106.00 $5,593.27 $0.00 $512.73 12-3-330028-030000 T28 Emco-Wheaton posi-lock fuelling system Ongoing $28,492.00 $16,785.29 $0.00 $11,706.71 12-3-330029-030000 T29 Transit - Replace HVAC Refrigerant Recovery Machine Should be complete $7,123.00 $5,388.20 $0.00 $1,734.80 12-3-330030-030000 T30 Electronic Farebox Upgrade - CAV Ongoing $142,464.00 $105,523.38 $0.00 $36,940.62 12-3-330031-030000 T31 Farebox Replacement - Conventional Fleet Ongoing $101,760.00 $52,726.28 $0.00 $49,033.72 12-3-330032-030000 T32 Intelligent Transport System-CAV Ongoing $55,968.00 $3,264.47 $0.00 $52,703.53 $2,083,469.32 Parking 12-3-340001-030000 PRKG1 Parking Lot Reconstruction (Apr. 25/18)ON HOLD $230,000.00 $119,808.42 $10,906.05 $99,285.53 12-3-340023-030000 PRKG23 Pay & Display Machine Purchase Ongoing $335,000.00 $319,959.68 $0.00 $15,040.32 12-3-340035-030000 PRKG35 Coin Machine Should be complete $20,307.34 $0.00 ($20,307.34) 12-3-340036-030000 PRKG36 Parking Enforcement System & Equip Upgrade New $30,000.00 $0.00 $0.00 $30,000.00 $124,018.51 Traffic 12-3-340016-030000 TSP16 Signal Rebuilds Ongoing $1,592,922.29 $1,524,698.04 $0.00 $68,224.25 12-3-340025-030000 TSP25 Drummond Road EA Ongoing $150,000.00 $97,805.84 $0.00 $52,194.16 12-3-340027-030000 TSP27 Traffic Signal Designs Ongoing $100,000.00 $13,701.56 $0.00 $86,298.44 12-3-340030-030000 TSP30 Traffic Signal Video Detection Replacement Ongoing $215,000.00 $148,379.27 $0.00 $66,620.73 Page 2 of 6Page 89 of 566 F-2018-20 Attachment - Chart 6 (List of Active Projects).xlsx ACTIVE CAPITAL PROJECTS F-2018-20 At April 30/2018 (unless otherwise noted)Chart 6 (OVERSPENT) GL Number Project Number Name of Account Notes Approved Budget Expenses to Date Expenses Committed Budget Remaining 12-3-340032-030000 TSP32 Speed Message Boards/PXO Signs Ongoing $75,000.00 $8,073.53 $0.00 $66,926.47 12-3-340033-030000 TSP33 Rail Review Ongoing $60,000.00 $52,843.78 $0.00 $7,156.22 12-3-340034-030000 TSP34 Sign Inventory Input Module New $20,000.00 $0.00 $0.00 $20,000.00 12-3-340037-030000 TSP37 Impacts of CN Train Operations New $175,000.00 $16,323.52 $0.00 $158,676.48 $526,096.75 Building/Planning 12-3-380003-030000 BP3 City Hall Renovations (Apr. 30/18)Ongoing $442,000.00 $545,932.05 $0.00 ($103,932.05) 12-3-380004-030000 BP4 Condition Assessment of City Buildings Ongoing $75,000.00 $39,217.86 $0.00 $35,782.14 12-3-380005-030000 BP5 Service Centre Improvements Ongoing $545,000.00 $519,743.81 $0.00 $25,256.19 12-3-380012-030000 BP12 City Hall Brickwork/Cladding Ongoing $1,610,750.00 $855,127.56 $622,885.67 $132,736.77 12-3-380023-030000 BP23 City Hall Window Replacement Ongoing $791,819.00 $735,819.25 $33,692.74 $22,307.01 12-3-380026-030000 BP26 Old Transit Site Phase 2 Ongoing $80,000.00 $94,065.56 $0.00 ($14,065.56) 12-3-380027-030000 BP27 Service Centre Relocation Study Ongoing $75,000.00 $74,501.23 $0.00 $498.77 12-3-380028-030000 BP28 Old Police Building Renos Ongoing $4,100,000.00 $328,638.50 $0.00 $3,771,361.50 12-3-380029-030000 BP29 City Hall Blinds New $50,000.00 $0.00 $0.00 $50,000.00 12-3-380030-030000 BP30 Chippawa Town Hall Windows Ongoing $70,000.00 $3,161.14 $0.00 $66,838.86 12-3-380031-030000 BP31 Designated Substance Cleanup New $30,000.00 $0.00 $0.00 $30,000.00 12-3-380032-030000 BP32 Park & Erie St Improvements (environmental cleanup)Just started $1,200,000.00 $50,668.03 $0.00 $1,149,331.97 12-3-380033-030000 BP33 Building Division Office Improvements New $238,000.00 $0.00 $0.00 $238,000.00 $5,404,115.60 Page 3 of 6Page 90 of 566 F-2018-20 Attachment - Chart 6 (List of Active Projects).xlsx ACTIVE CAPITAL PROJECTS F-2018-20 At April 30/2018 (unless otherwise noted)Chart 6 (OVERSPENT) GL Number Project Number Name of Account Notes Approved Budget Expenses to Date Expenses Committed Budget Remaining Sanitary Sewer 12-3-410021-030000 SS21 Catell Drive Sewer Diversion Ongoing $5,451,998.00 $4,686,628.54 $0.00 $765,369.46 12-3-410025-030000 SS25 Buchner Place Ongoing $130,100.00 $60,131.18 $20,333.55 $49,635.27 12-3-410026-030000 SS26 Gunning & Mears Pumping Station Upgrades Construction deferred $205,000.00 $73,679.43 $0.00 $131,320.57 12-3-410034-030000 SS34 Kitchener St Construction deferred $160,000.00 $131,081.11 $0.00 $28,918.89 12-3-410035-030000 SS35 North St (west of Stanley)Ongoing $188,125.00 $113,172.35 $718.05 $74,234.60 12-3-410041-030000 SS41 Corwin Ave Sewer Separation Ongoing $106,500.00 $93,391.25 $1,189.09 $11,919.66 12-3-410042-030000 SS42 Robinson St Sewer Separation (Stanley to Jolley cut)ON HOLD $102,300.00 $57,780.46 $32,339.36 $12,180.18 12-3-410043-030000 SS43 Colborne St. Sewer Sep (Portage to James)Ongoing $1,618,000.00 $1,019,304.76 $123,020.81 $475,674.43 12-3-410044-030000 SS44 Balmoral/Maureen/Timothy SS Ongoing $2,520,654.00 $1,953,519.24 $338,721.66 $228,413.10 12-3-410045-030000 SS45 Allendale Ave SS Ferry to Robinson Ongoing $67,500.00 $70,345.06 $14,452.07 ($17,297.13) 12-3-410046-030000 SS46 Grey Ave SS - Ferry to Peer Ongoing $167,500.00 $15,526.06 $33,464.77 $118,509.17 12-3-410048-030000 SS48 Crysler/St Lawrence Sewer Separation Ongoing $4,340,000.00 $1,466,677.44 $2,681,163.69 $192,158.87 12-3-410050-030000 SS50 Second Ave Sanitary Sewer Ongoing $38,000.00 $25,716.73 $0.00 $12,283.27 12-3-410051-030000 SS51 Sinnicks Ave Sanitary Sewer - Mayfair to Keith Ongoing $150,000.00 $38,867.23 $34,318.56 $76,814.21 12-3-410052-030000 SS52 Peer & Grey Sewer Separation Ongoing $100,000.00 $56,430.82 $41,329.00 $2,240.18 12-3-410053-030000 SS53 Third Ave. from Hamilton to North Limit - SS/WM/Roads Ongoing $30,000.00 $11,710.88 $13,652.80 $4,636.32 12-3-410054-030000 SS54 Third Ave SS (Morrison to Maple)Ongoing $67,000.00 $10,132.89 $35,557.35 $21,309.76 12-3-410055-030000 SS55 Fourth Ave SS (Morrison to Bridge)Ongoing $105,000.00 $36,378.68 $33,326.92 $35,294.40 12-3-410056-030000 SS56 Huron SS (Fourth to Sixth)ON HOLD (2021/2022)$900,000.00 $13,238.78 $47,136.22 $839,625.00 12-3-410057-030000 SS57 Menzie/Homewood/Hamilton Ongoing $3,819,000.00 $2,070,278.37 $1,152,424.66 $596,296.97 12-3-410058-030000 SS58 Huggins St Area Sewer Separation Study Ongoing $80,000.00 $11,585.40 $71,679.74 ($3,265.14) 12-3-410060-030000 SS60 Sinnicks & Keith CSO Outfall Review Almost Complete $70,000.00 $70,138.34 $1,877.16 ($2,015.50) 12-3-410061-030000 SS61 Drummond Rd Sewer Separation Ongoing $160,000.00 $15,457.89 $0.00 $144,542.11 12-3-410062-030000 SS62 Fifth & Sixth Ave Sewer Separation Ongoing $130,000.00 $31,441.13 $0.00 $98,558.87 12-3-410063-030000 SS63 St Peter Ave Sewer Separation Ongoing $70,000.00 $14,731.32 $35,441.44 $19,827.24 12-3-410064-030000 SS64 St James Ave Sewer Separation Ongoing $75,000.00 $14,563.43 $36,944.42 $23,492.15 12-3-410067-030000 SS67 Harvard Ave Sanitary Sewer Replacement Ongoing $2,925,796.00 $1,677,996.52 $200,666.65 $1,047,132.83 12-3-410068-030000 SS68 St Patrick's Church Drainage Improvements Maintenance Period $123,985.00 $124,749.61 $8,002.35 ($8,766.96) 12-3-410070-030000 SS70 Sanitary Sewer Network SOGR Program Yr 1 Just started $2,600,000.00 $16,505.83 $0.00 $2,583,494.17 12-3-410071-030000 SS71 Eton Cr Sewer Separation New $241,600.00 $0.00 $0.00 $241,600.00 12-3-410072-030000 SS72 South Niagara Falls Infiltration & Inflow Study New $200,000.00 $0.00 $0.00 $200,000.00 $8,004,136.95 Storm Sewer 12-3-420024-030000 STMS24 Boyer's Creek Municipal Drain Maintenance To begin late 2018 $377,850.00 $59,915.85 $0.00 $317,934.15 12-3-420033-030000 STMS33 Beaverdams Storm Water Management Pond Ongoing $1,948,000.00 $69,122.76 $0.00 $1,878,877.24 12-3-420034-030000 STMS34 St John's Marsh Drain To begin late 2018 $175,000.00 $40,538.11 $0.00 $134,461.89 12-3-420035-030000 STMS35 Chippawa Flood Relief (Riverside Park Storage)Ongoing $3,243,650.00 $1,867,567.18 $101,106.03 $1,274,976.79 12-3-420043-030000 STMS43 Cytec Lands & Fourth Ave Storm Sewer Ongoing $430,000.00 $196,609.98 $35,307.12 $198,082.90 12-3-420044-030000 STMS44 Shriner's Creek Retaining Wall Construction Just started $165,000.00 $1,856.66 $0.00 $163,143.34 12-3-420045-030000 STMS45 Corwin Drainage Environmental Assessment Just started $200,000.00 $10.18 $0.00 $199,989.82 12-3-420046-030000 STMS46 Valleyway Drainage Environmental Assessment Just started $200,000.00 $20,015.00 $0.00 $179,985.00 12-3-420047-030000 STMS47 Beaver Valley SWM Pond Capacity Improvements New $120,000.00 $0.00 $0.00 $120,000.00 $4,467,451.13 Page 4 of 6Page 91 of 566 F-2018-20 Attachment - Chart 6 (List of Active Projects).xlsx ACTIVE CAPITAL PROJECTS F-2018-20 At April 30/2018 (unless otherwise noted)Chart 6 (OVERSPENT) GL Number Project Number Name of Account Notes Approved Budget Expenses to Date Expenses Committed Budget Remaining Water 12-3-430035-030000 W35 Portage Rd. WM (Norton to Macklem)Ongoing $820,500.00 $196,485.89 $0.00 $624,014.11 12-3-430036-030000 W36 Potter Heights & Wiltshire Blvd Ongoing $860,000.00 $707,691.29 $272,101.65 ($119,792.94) 12-3-430039-030000 W39 Dorchester (McLeod to Jill) Watermain Replacement Ongoing $493,000.00 $0.00 $0.00 $493,000.00 12-3-430040-030000 W40 Empire/Butler/Secord Ongoing $705,000.00 $681,840.37 $46,961.84 ($23,802.21) 12-3-430043-030000 W43 QEW Watermain Crossing Ongoing $660,000.00 $69,899.59 $16,307.01 $573,793.40 12-3-430044-030000 W44 Culp St, Road and Watermain (Carlton to Corwin)Ongoing $100,000.00 $71,962.27 $26,110.97 $1,926.76 12-3-430045-030000 W45 Corwin Cr Watermain Replacement Ongoing $2,050,000.00 $1,600,980.75 $391,011.36 $58,007.89 12-3-430046-030000 W46 Jill & Cooper Drive Watermain Replacement Ongoing $20,000.00 $5,657.87 $0.00 $14,342.13 12-3-430047-030000 W47 River Road Watermain Replacement-Design & Construction New $750,000.00 $0.00 $0.00 $750,000.00 12-3-430048-030000 W48 Oxford St Watermain - Dorchester to Rolling Acres New $60,000.00 $0.00 $0.00 $60,000.00 12-3-430049-030000 W49 Drummond Rd Watermain Replacement - Morrison to Valleyway New $882,500.00 $0.00 $0.00 $882,500.00 12-3-430050-030000 W50 Main St Watermain Replacement (Willoughby to Sarah)New $720,000.00 $0.00 $0.00 $720,000.00 $4,033,989.14 Cemetery 12-3-540006-030000 C6 Cemetery Fence Replacement On hold for 2018 $227,900.00 $218,982.43 $0.00 $8,917.57 12-3-540012-030000 C12 Cemetery - Nagy Property Development Ongoing $950,000.00 $942,915.16 $0.00 $7,084.84 12-3-540015-030000 C15 Road Repair & Replacement (Fairview, Lundy's L 5yr)On hold for 2018 $100,000.00 $62,274.35 $0.00 $37,725.65 12-3-540017-030000 C17 Fairview Fields of Honour Restoration Ongoing $306,000.00 $289,017.66 $0.00 $16,982.34 12-3-540018-030000 C18 Fairview & Lundy's Lane Road & Sewer Repair New $225,000.00 $163,182.54 $0.00 $61,817.46 $132,527.86 Parks 12-3-710048-030000 P48 Kalar Rd Girls Home for Soccer Improvements Ongoing $238,571.00 $166,121.12 $28,669.92 $43,779.96 12-3-710051-030000 P51 Deerfield Park Development Ongoing $540,000.00 $437,642.75 $0.00 $102,357.25 12-3-710061-030000 P61 MacBain Park Development (North Sect) Design Ongoing $35,000.00 $33,294.20 $0.00 $1,705.80 12-3-710062-030000 P62 Fernwood Park & Trail Development Ongoing $714,940.00 $517,985.18 $0.00 $196,954.82 12-3-710063-030000 P63 Warren Woods Park & Trail PH 1 Ongoing $225,000.00 $216,953.29 $0.00 $8,046.71 12-3-710067-030000 P67 George Bukator Park Improvements Ongoing $290,000.00 $265,986.07 $6,956.66 $17,057.27 12-3-710068-030000 P68 Chippawa Lions Tennis Courts Improvements ongoing 98% done $888,000.00 $793,103.58 $44,011.15 $50,885.27 12-3-710069-030000 P69 Oakes Park Grandstand & Fieldhouse Ongoing $690,000.00 $704,525.26 $4,237.29 ($18,762.55) 12-3-710071-030000 P71 Garner Recreational Trail Ongoing $220,000.00 $13,924.14 $19,134.88 $186,940.98 12-3-710072-030000 P72 Park Fencing Ongoing $92,000.00 $28,471.12 $0.00 $63,528.88 12-3-710073-030000 P73 Chippawa West Park Development Ongoing $669,000.00 $28,906.92 $4,555.99 $635,537.09 12-3-710076-030000 P76 Millennium Recreation Trail Section 6 Ongoing $670,000.00 $527,867.62 $100,404.09 $41,728.29 12-3-710078-030000 P78 Artificial Turf Sports Field Project ongoing 98% done $1,212,108.00 $1,192,797.87 $59,104.69 ($39,794.56) 12-3-710079-030000 P79 Parks Infastructure Improvements (2017)Ongoing $105,000.00 $0.00 $0.00 $105,000.00 12-3-710080-030000 P80 F J Miller Park Play Area Improvement Ongoing $246,000.00 $186,191.42 $29,829.88 $29,978.70 12-3-710081-030000 P81 Ontario Park Play Area Improvements Ongoing $237,000.00 $194,605.25 $11,717.77 $30,676.98 12-3-710082-030000 P82 Riverview Park Improvements Ongoing $1,012,934.00 $758,195.45 $251,928.55 $2,810.00 12-3-710083-030000 P83 Westfield Park New Playground Ongoing $169,000.00 $8,973.14 $109,890.20 $50,136.66 12-3-710084-030000 P84 Prince Edward Park New Playground Ongoing $169,000.00 $150,047.40 $13,223.90 $5,728.70 12-3-710085-030000 P85 Stamford Lions Park New Playground Ongoing $169,000.00 $86,662.56 $70,485.83 $11,851.61 Page 5 of 6Page 92 of 566 F-2018-20 Attachment - Chart 6 (List of Active Projects).xlsx ACTIVE CAPITAL PROJECTS F-2018-20 At April 30/2018 (unless otherwise noted)Chart 6 (OVERSPENT) GL Number Project Number Name of Account Notes Approved Budget Expenses to Date Expenses Committed Budget Remaining Parks Cont'd 12-3-710086-030000 P86 Gus Monroe Park New Playground Ongoing $169,000.00 $10,036.21 $112,865.92 $46,097.87 12-3-710087-030000 P87 Royal Manor Park - Canadiana Themed Playground Almost Complete $190,000.00 $137,864.23 $59,793.95 ($7,658.18) 12-3-710088-030000 P88 Glenview Park New Playground Ongoing $169,000.00 $80,833.54 $79,959.79 $8,206.67 12-3-710089-030000 P89 Millennium Trail Fitness Stations New $50,000.00 $16,112.63 $0.00 $33,887.37 12-3-710090-030000 P90 South End Dog Park (Apr. 5/18)Ongoing $530,000.00 $426,107.63 $0.00 $103,892.37 12-3-710091-030000 P91 Paddock Trail Reforestation Ongoing $30,000.00 $27,002.22 $0.00 $2,997.78 12-3-710092-030000 P92 Millennium Trail (Section 5 Development)Ongoing $2,492,000.00 $31,200.67 $0.00 $2,460,799.33 12-3-710093-030000 P93 Mount Forest Park Playground Replacement New $185,000.00 $398.40 $0.00 $184,601.60 12-3-710094-030000 P94 Russell Park Playground Replacement New $185,000.00 $398.41 $0.00 $184,601.59 12-3-710095-030000 P95 Somerville Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 12-3-710096-030000 P96 Carolyn Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 12-3-710097-030000 P97 Shirley Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 12-3-710098-030000 P98 A.J. Mckinley Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 12-3-710099-030000 P99 John N. Allan Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 12-3-710100-030000 P100 Wilson Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 12-3-710101-030000 P101 Grey Robinson Park Playground Replacement New $185,000.00 $398.42 $0.00 $184,601.58 $5,835,785.32 Recreation Facilities 12-3-730013-030000 RF13 Coronation Centre Improvements Ongoing $384,000.00 $340,008.45 $0.00 $43,991.55 12-3-730034-030000 RF34 Outdoor Pools Priority Repairs Ongoing $175,000.00 $60,963.54 $0.00 $114,036.46 12-3-730037-030000 RF37 Canada 150 Ongoing $300,000.00 $268,117.42 $0.00 $31,882.58 12-3-730038-030000 RF38 FH Leslie Pool Recirculation System Ongoing $200,000.00 $113,653.03 $0.00 $86,346.97 12-3-730039-030000 RF39 Niagara Falls Lions Pool - Liner & Pumps Ongoing $330,000.00 $145,515.10 $0.00 $184,484.90 12-3-730041-030000 RF41 Cultural Hub & City Market Ongoing $400,000.00 $77,456.37 $0.00 $322,543.63 12-3-730042-030000 RF42 Chippawa Arena Lighting & Ceiling Upgrades Ongoing $300,000.00 $199,777.88 $5,176.53 $95,045.59 12-3-730043-030000 RF43 McBain Community Centre Energy Plan Phase 1 Ongoing $1,513,000.00 $65,470.01 $0.00 $1,447,529.99 12-3-730044-030000 RF44 Coronation Centre Elevator Repair Just started $100,000.00 $3,512.32 $0.00 $96,487.68 12-3-730045-030000 RF45 Coronation Centre HVAC Improvements New $20,000.00 $0.00 $0.00 $20,000.00 12-3-730048-030000 RF48 Recreation Software New $40,000.00 $19,767.84 $0.00 $20,232.16 12-3-730049-030000 RF49 MacBain Community Centre Pool Ceiling Repairs (Apr. 25/18)New $200,000.00 $0.00 $0.00 $200,000.00 $2,662,581.51 $59,342,271.66 Page 6 of 6Page 93 of 566 F-2018-15 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-15 2016 Year End Performances - Development Charges RECOMMENDATION That Council receive and file the attached financial summaries regarding Development Charges for the 2016 fiscal year. EXECUTIVE SUMMARY Finance staff must provide Council an annual report on the transactions that occurred from the collection and use of development charges within six months of the approval of the City’s annual financial statements, a requirement of the Development Charges Act. The 2016 financial statements were approved on November 28, 2017. The report provides a statement outlining the receipts and uses of all development charges collected under the authority of Part II of the Development Charges Act, 1997. During 2016, the City had a net increase of approximately $5,116,829. It is important to note the funds are collected for expenditures identified in the development charge by-law which was approved in 2014. There are a number of projects underway that will receive funding from development charge reserves in 2017. BACKGROUND The City is required by the Development Charges Act to provide Council an annual summary of activity. The required content for this financial reporting is as follows: Balance as of January 1 • The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable • These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded Page 94 of 566 2 F-2018-15 May 8, 2018 • The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. • The total refunded amount is to be credited to the specific service to which the original charges had been applied. Accrued Interest • The total interest earned on all reserve fund investments will be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund • The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. • The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Transfers to Operating Fund • The total of all amounts transferred to the operating fund. • The total of amounts transferred are identified in the DC Study and to be . credited to the specific service to which the original charges had been applied. Balance at Year’s End • The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. Outstanding Journal Entries • Journal entry errors discovered after closing of 2016 year end that will be reversed in 2017. Historical Trend of Development Charges The amount in the reserve funds at a point in time is a product of amounts collected, amounts used to fund capital projects and interest earned in the reserves. Ultimately, the purpose of development charges by-law is to collect adequate amounts that can be used to fund growth related projects. The chart below summarizes the historical year end balances. Page 95 of 566 3 F-2018-15 May 8, 2018 History of Development Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2006 $17,884,395 2007 $1,776,969 (8,381,671) $675,731 11,955,424 2008 2,931,001 (4,496,182) 661,515 11,051,758 2009 1,629,288 (4,328,877) 368,114 8,720,281 2010 4,704,720 (3,362,456) 205,093 10,267,642 2011 3,265,343 (1,227,617) 271,608 12,576,876 2012 3,352,232 (4,081,593) 194,899 12,042,513 2013 3,263,602 (3,704,854) 178,171 11,779,432 2014 4,712,378 (1,631,542) 183,013 15,043,281 2015 6,342,708 (2,232,544) 198,294 19,351,739 2016 7,409,813 (2,373,600) 80,616 24,468,568 FINANCIAL/STAFFING/LEGAL IMPLICATIONS As this shows, development charges received in 2016 were higher than the previous year. This trend is consistent with the strong economic activity in Niagara Falls during 2016. Interest income was slightly less than the previous year. It is important to note, that while development charges reserves in aggregate totaled $24,468,568 as at December 31, 2016, individual reserves are held for specific expenditures, such as fire, roads, water, sewers, etc. in the future. The year-end balance of $24,468,568 can be broken down as shown in the attached Development Charges Financial Statement. The attached summary illustrates the available amounts for each service area. It should be noted that these reserves are designated to be used in the areas that these pertain to and have been collected based on the current Development Charges Study. A summary of the financial statement follows: Balance as at January 1, 2016 $19,351,739 Received Development Charges 7,409,813 Refunded Development Charges (29,382) Interest Earned 80,616 Transfer to Capital Projects (1,136,662) Transfer to Operating (989,004) Outstanding Adjustments (218,552) Balance as at December 31, 2016 $24,468,568 Page 96 of 566 4 F-2018-15 May 8, 2018 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By-law $258,146 Federal & Ontario Grants 25,000 Outside Sources 172,885 Interest Revenue 2,863 Total Funding $458,894 It should be noted that the 2014 Development Charges by-law identifies uses for the monies held in the various reserves. Thus, the future projects are dependent upon the continued collection of development charges to ensure funding for committed projects and to maintain adequate balances. LIST OF ATTACHMENTS Development Charges Financial Statement for the period January 1 to December 31, 2016. Recommended by: Todd Harrison, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 97 of 566 F-2018-15 Add:Subtract:Add:Subtract:Subtract: DEVELOPMENT CHARGES RESERVE FUNDS Opening Received Refunded Interest Transfers Transfers Closing Sub-Account Purpose/Service Balance Development Development Earned To Capital To Outstanding Balance Jan1/16 Charges Charges Projects Operating Journal Entries Dec 31/16 GENERAL SERVICES - INELIGIBLE (s.s.2.4; s.s.5.3) Government 3,512.64 0.00 0.00 52.98 0.00 0.00 3,565.62 Municipal Works 77,908.05 0.00 0.00 1,250.73 0.00 0.00 79,158.78 General Services Total 81,420.69 0.00 0.00 1,303.71 0.00 0.00 0.00 82,724.40 CITY WIDE SERVICES Administration (General Gov't)416,720.98 16,799.94 (152.70)1,635.64 0.00 0.00 0.00 435,003.86 Fire 2,439,811.64 183,691.52 (1,323.89)9,529.19 0.00 0.00 0.00 2,631,708.46 Roads 2,937,190.86 1,163,620.11 (7,821.72)11,747.23 0.00 0.00 0.00 4,104,736.48 Transit 890,318.02 156,586.83 (1,107.36)3,461.50 0.00 0.00 0.00 1,049,258.99 Parks & Recreation 2,002,767.35 1,009,171.75 (7,600.57)8,083.38 (709,576.34)0.00 (22,500.00)2,280,345.57 Library 386,436.87 55,103.67 (834.67)1,441.55 0.00 0.00 0.00 442,147.42 City Wide Services Total 9,073,245.72 2,584,973.82 (18,840.91)35,898.49 (709,576.34)0.00 (22,500.00)10,943,200.78 URBAN SERVICES Sanitary Sewerage 2,783,796.34 2,679,908.87 (5,981.21)11,639.60 (18,250.00)(989,004.00)(48,822.59)4,413,287.01 Water 1,541,535.32 310,040.79 (697.74)6,595.74 (68,068.00)0.00 (147,229.56)1,642,176.55 Storm Water Managment 5,323,723.26 1,556,890.11 (3,376.83)22,833.26 (340,768.00)0.00 0.00 6,559,301.80 Sidewalks 548,017.84 277,999.74 (485.27)2,345.03 0.00 0.00 0.00 827,877.34 Urban Services 10,197,072.76 4,824,839.51 (10,541.05)43,413.63 (427,086.00)(989,004.00)(196,052.15)13,442,642.70 GRAND TOTAL 19,351,739.17 7,409,813.33 (29,381.96)80,615.83 (1,136,662.34)(989,004.00)(218,552.15)24,468,567.88 CITY OF NIAGARA FALLS DEVELOPMENT CHARGES FINANCIAL STATEMENT FOR THE PERIOD JAN 1 TO DEC. 31, 2016 C:\Users\lw288\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3OH9CZAR\2016 DEV CHRG CONTINUITY.xls 04/12/2018 2:18 PMPage 98 of 566 F-2018-18 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-18 2018 Property Tax Rates RECOMMENDATION That Council approve the 2018 Property Tax Rates. EXECUTIVE SUMMARY The municipality must have the annual tax rates approved prior to providing rate payers with final tax bills. The 2018 General Purposes Budget was approved on March 27, 2018. The annual general levy of $67,219,808 was approved at this time. The City’s tax rates included in this report reflect the approved general levy. The regional, school and waste management rates have been provided by the responsible level of government and are also included in the schedule. BACKGROUND The Regional Municipality of Niagara has approved the 2018 tax ratios and tax rates. In addition, the Province of Ontario has established educational rates for 2018. The City is now in the position to establish its tax rates and to proceed with the Final 2018 Billing for the non-capped property classes. This report provides Council the City’s 2018 property tax rates. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2018 tax levy is $67,219,808. The General taxation portion of this total levy is $58,356,788; the Urban Service Area taxation portion is $8,863,020. Corresponding tax rates based on these levies are provided in Table 1. The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has provided the costs of this service for 2018 to the City. The annual cost used to determine the rates for 2018 is $6,745,594. To fund this expense, the City collects the taxes from the residents using a separate tax rate. Table 2 provides a comparison of the waste management tax rates used in 2017 to the recommended rates for 2018. The Appropriations and Levying By-law is prepared for Council’s adoption, should Council approve the recommendation. This By-Law authorizes the preparation and Page 99 of 566 2 F-2018-18 May 8, 2018 sending of Final Tax Notices. Appendix A of the By-law shows the summary of tax rates for each classification and for all levies. LIST OF ATTACHMENTS Table 1 Taxes Rates – City of Niagara Falls Table 2 Taxes Waste Management Rates – City of Niagara Falls Recommended by: Todd Harrison, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Page 100 of 566 Table 1 Tax Rates - City of Niagara Falls 2017 2018 Urban Urban Tax Rates Service Service City of Niagara Falls General Area Combined General Area Combined Residential 0.464417%0.074598%0.539015%0.454208%0.072925%0.527133% Multi-Residential 0.928834%0.149197%1.078031%0.894790%0.143662%1.038452% New Multi-Residential 0.464417%0.074598%0.539015%0.454208%0.072925%0.527133% Commercial - Occupied 0.816724%0.131189%0.947913%0.788005%0.126517%0.914522% - Excess Land 0.571707%0.091832%0.663539%0.551604%0.088562%0.640166% - Vacant Land 0.571707%0.091832%0.663539%0.551604%0.088562%0.640166% Commercial Other - Occupied 0.816724%0.131189%0.947913%0.788005%0.126517%0.914522% - Excess Land 0.571707%0.091832%0.663539%0.551604%0.088562%0.640166% Landfill 1.365508%1.335490% Industrial 1.221417%0.196194%1.417611%1.194567%0.191792%1.386359% Industrial - Excess Land 0.854992%0.137336%0.992328%0.836197%0.134255%0.970452% Industrial - Vacant Land 0.854992%0.137336%0.992328%0.836197%0.134255%0.970452% Industrial - New Construction 1.221417%0.196194%1.417611%1.194567%0.191792%1.386359% Indust - New Constr - Excess Land 0.854992%0.137336%0.992328%0.836197%0.134255%0.970452% Pipelines 0.790485%0.126974%0.917459%0.773107%0.124125%0.897232% Farmlands 0.116104%0.018650%0.134754%0.113552%0.018231%0.131783% Managed Forests 0.116104%0.018650%0.134754%0.113552%0.018231%0.131783% Farmlands Awaiting Development I 0.348313%0.055949%0.404262%0.340656%0.054694%0.395350% Farmlands Awaiting Development II 0.464417%0.074598%0.539015%0.454208%0.072925%0.527133% Page 101 of 566 F-2018-19 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-19 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes RECOMMENDATION That June 29 and September 28 be approved as the 2018 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. EXECUTIVE SUMMARY The due dates for final tax billing must be approved by Council pursuant to the Municipal Act. The City has established that due dates for the non-capped property classes be June 29 and September 28. The due dates for the capped classes are August 31 and October 31 due to the additional calculations required for these billings. BACKGROUND The City of Niagara Falls is responsible for billing and collecting property taxes on all assessable properties within the municipality. These annual billings include the annual taxes for the City, for the Region of Niagara and the appropriate local school boards. Due dates for property taxes are set to coincide with the quarterly levy payments made to the Region and the school boards. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Due to the additional calculations required to prepare the 2018 Final Tax Notices for the Commercial, Industrial and Multi-residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 29 and September 28. And that the Final Tax Notice Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes be set as August 31 and October 31 to accommodate the additional calculations required for these property classes. Page 102 of 566 2 F-2018-19 May 8, 2018 Recommended by: Todd Harrison, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Page 103 of 566 F-2018-21 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-21 Insurance Renewal Report RECOMMENDATION That Council approve the 2018-2019 Comprehensive Insurance Program from Frank Cowan Co. Ltd. EXECUTIVE SUMMARY The City is in the second year of a 3 year agreement for insurance coverage, but, requires a renewal of the Municipal Insurance program since the current coverage expires on June 30, 2018. Staff have reviewed the existing program for adequacy of coverages and recommends that the City renew. The insurance program will be effective July 1, 2018. In addition, the City has an option to renew annually at the same rates or less, for two additional years. The proposed annual premium of $1,698,570 is a decrease from the previous year’s premium of $1,766,713. The year-over-year decrease is $68,143 or 3.8%. This continues the trend of annual decreases as rates have been reduced by 17.8% since 2015. The decrease in the premiums is the continuation of previous year’s reduction in the general liability premiums for the municipality due to stabilization in loss reserves. BACKGROUND The City requires an insurance program to mitigate potential liabilities incurred during the performance of its many services and responsibilities. On an annual basis, staff performs a review of the rates charged and the coverages provided for adequacy and completeness. The City has performed these reviews during this process. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The insurance program is reviewed and renewed annually to ensure that the coverages are sufficient and that the municipal assets are properly valued in the program. The insurance program covers a one year period from July 1, 2018 to June 30, 2019. The summary of the 2018-2019 Insurance Program is provided in Exhibit 1. Page 104 of 566 2 F-2018-21 May 8, 2018 The cost of the City’s insurance program has decreased from $1,702,325 (in 2016) to $1,698,570 (in 2017/18). The year-over-year decrease is $68,143 or 7.8% (vs. decrease of 5% in 2017). The decrease in premiums is related to a reduction in the loss provisions. The premium reduction will result in a reduction in costs for the 2018 budget year and will positively impact the 2019 operating budgets. The City is in the second year of a 3 year agreement with the insurer who has committed to a reduction in premiums for 2018 and 2019. However, despite the agreement, the annual insurance program must be approved by Council annually. In general, the municipal sector continues to be a challenge for the insurance issuers as the sector continues to experience significant losses. Some of these losses have been driven by landmark cases. In addition, claims have dramatically increased in frequency and severity. Likewise, the municipal sector, has additional complexity compared to other sectors due to the wide range of services provided. While these trends are happening in all municipalities, the City of Niagara Falls has mitigated these risks and have received a reduction in its premium for this year and 2018-2019. LIST OF ATTACHMENTS Exhibit 1: 2018-2019 Premium Cost Analysis Recommended by: Todd Harrison, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 105 of 566 Cost Analysis Expiring Program Renewal Program Term Term Casualty General Liability 55 903,977 $867,818 Errors and Omissions Liability -37,656 33,890 “ Non-Owned AutomobileLiability 500 ~500 Environmental Liability ‘36,680 36,680 Crime 4,275 4,275 Board Members Accident 558 558 Qon?ictof Interest 780 780 Legal Expense ‘'6,857 6,857 Recreation Alifiliates 5 General Liability 1,906’1,906 Non-OwnedAutomobileLiability 100 100 Property Property/Data Processing 99,528 99,489 Equipment Breakdown 9,590 9,686 Automobile OyvnedAutomobile _ 98,705 98,706 Owned Automobile—Transit 499,113 468,351 Garage Automobile 8,971 8,971 Excess ' Excess Automobile (Transit)-1st layer 5,421 6,124 Excess Automobile(Transit)-2nd layer 13,753 15,535 Follow Form ‘ 38,343 38,343 Total Annual Premium 85 1,755,713 $1,593,570 (Excluding Taxes Payable) Page 106 of 566 CD-2018-04 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Clerks Department SUBJECT: CD-2018-04 Elections Sign By-law RECOMMENDATION That Council receive this report for information and pass the related by-law respecting the Elections Sign By-law. EXECUTIVE SUMMARY The agreement between the City of Niagara Falls and Dominion Voting Systems Corporation (hereafter called Dominion), will provide the City with the licensed hardware and software and the services needed with election counting equipment for the next two (2) regularly scheduled Municipal Elections. BACKGROUND Bill 181 – the Municipal Elections Modernization Act, introduced several significant changes to the Municipal Elections Act (MEA) that will be in effect for the 2018 Municipal and School Board Elections. One of the significant changes is the addition of Third Party Advertisers. A third party advertisement can be communicated throug h radio, television, newspaper, the internet or any other type of media. Campaign buttons, signs or other things that identify supporters or opponents of any candidate can also be types of third party advertising. Third party advertisers are required to register with the municipality where they want to advertise. If they want to advertise in more than one municipality they would be required to register in each of those municipalities. Registration would allow a third party advertiser to promote or oppose any candidate(s) running for council positions or school board positions or promote or oppose a question that may be on a ballot. Third party advertising must be done independently of candidates. Candidates cannot participate or direct a third party advertiser on where they should focus their efforts, or what the advertisement(s) should say. Candidates are not able to register as third party advertisers. As a result of the significant change in the Municipal Elections Act, amendments to the rules and regulations governing election signs are required to address third party Page 107 of 566 2 CD – 2018-04 May 8, 2018 advertising in the form of signs. Additionally, it provides an opportunity to review and update the previous election sign regulations that have not been updated since the 2006 municipal elections. Another significant change that occurred as a result of Bill 181 was the shortening of the Nomination period. Not only did the opening of nominations shift to a later date in the year of an election but the close of nominations, referred to as Nomination Day, also shifted to an early date. Traditionally Nomination Day was 45 days prior to Election Day. The City’s existing election sign by-law states that municipal election signs could be erected on nomination day. Now that nomination day is July 27, 201 8 that would mean the existing by-law, if left unchanged, would permits signs to be erected 87 days before the election. The extended time is not what was intended when Council passed the election sign by-law back in 2006. Therefore one of the changes to the proposed new by-law would be to specifically state that the earliest that election signs can be posted would be 45 days prior to election day. ANALYSIS/RATIONALE Some of the issues that have existed in previous election years have been the complaints of ‘visual pollution’, the existence of so many signs over an elongated period of time. Therefore it was felt that staff did not want the time of allowing election signs to be posted to extend any longer than the originally approved 45 day period. Here's a snapshot of what changed: Since Nomination Day has changed on the election calendar (approximately 6 weeks earlier than previous elections) the need to impose a time restriction for the placement of election signs to 45 days prior to Election Day is clearly defined. Essentially keeping the time restriction the same as previous municipal elections. Clearly defines Third Party Advertisements, including information requirements needed to be clearly depicted on signage. Election signs are prohibited from using the City’s logo, in whole or in part, or the City’s municipal election logo. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The cost to enforce any required removal of election signs are not done on a cost recovery basis. In other words the City does not require any type of deposit for election sign enforcement to be included upon nomination as to not discourage anyone wanting to seek office. However, any sign that the City does remove as part of their enforcement of the by-law would only be returned to a candidate upon payment of a $50 fee that also exists in the current elections sign by-law. Page 108 of 566 3 CD – 2018-04 May 8, 2018 CITY’S STRATEGIC COMMITMENT Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. Recommended by: Bill Matson, Acting City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 109 of 566 MW-2018-02 May 8th, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-02 Fallsview Boulevard (Murray St. to Ferry St.) Transportation EA Status Report RECOMMENDATION 1. That the Recommendations from MW -2018-02 dated February 27th, 2018 be approved; and 2. That the mitigation measures as described herein be incorporated into Alternative 2B.3 and included in the future detailed engineering design. EXECUTIVE SUMMARY The Fallsview Boulevard Transportation EA Status Report MW -2018-02 was originally presented at the February 27th, 2018 Council Meeting. The report was tabled and staff was directed to meet with the Victoria-Centre BIA (VCBIA) to discuss the intersection improvement alternatives, specifically Alternative 2B.3 that introduced a north leg into the LCBO property. An April 12th meeting with the VCBIA served to provide the needed clarification with respect to intersection safety and operation as well as to identify mitigation measures that addressed all outstanding reservations expressed by the BIA. The VCBIA has provided a letter of support for Alternative 2B.3 understanding that the mitigation measures as described herein will be incorporated into the Environmental Assessment and future detailed engineering designs. BACKGROUND Council deferred the Fallsview Boulevard Transportation EA Status Report MW -2018-02 (Attachment 1) originally presented at the February 27th, 2018 meeting and directed staff to present Alternative 2B.3 to the Victoria-Centre BIA. A meeting with the VCBIA Executive held on Thursday, April 12, 2018 provided staff and the City’s engineering consultant, CIMA, an opportunity to discuss the Ferry Street/Buchanan Avenue/Fallsview Boulevard intersection alternatives and answer questions. The Vice President and General Manager of Tanem Developments Ltd. also attended the meeting to provide clarification regarding the proposed LCBO redevelopment within their property, #5375-5389 Ferry Street, as required. ANALYSIS/RATIONALE Prior to the April 12th meeting, the VCBIA had an existing motion on record to support intersection improvement ‘Alternative 4’ as described in the Transportation EA. However, CIMA was able to clarify the technical advantages of Alternative 2B.3 (4 - Page 110 of 566 2 MW-2018-02 May 8th, 2018 legged cross) intersection over Alternative 4, with respect to safety and traffic flow. The VCBIA maintained the following concerns as they related to Alternative 2B.3: i. The closure of Buchanan Avenue had the potential to discourage tourist- commercial development to the north; and ii. The parking area as proposed in Alternative 2B.3 did not provide any streetscaping/landscaping opportunities. The following mitigation measures were proposed to address these concerns and are also depicted in the revised Alternative 2B.3 (Attachment 2): i. The City of Niagara Falls to retain ownership of both Buchanan Avenue and the adjacent lot to the east; ii. Buchanan Avenue not be “closed” but rather vehicular access to and from Ferry Street to be denied; iii. A parkette be incorporated into the detailed design of the intersection improvements to provide an inviting public space. At the conclusion of the April 12th meeting and based on the material presented and discussed, the VCBIA rescinded their support of Alternative 4 in favour of a revised Alternative 2B.3 that would include a commitment by the City of Niagara Falls to incorporate the above referenced mitigation measures. The Victoria-Centre BIA has provided a letter of support for the revised Alternative 2B.3 , dated April 19th, 2018 (Attachment 3). FINANCIAL/STAFFING/LEGAL IMPLICATIONS As described in MW -2018-02, February 27th, 2018. CITY’S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. MW -2018-02 (February 27th, 2018) 2. Revised Preferred Intersection Alternative 3. VCBIA Letter in Support of Alternative 2B.3 (Revised as Alt. 2B.4) Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Sherri-Marie Millar, P.Eng. Page 111 of 566 MW-2018-02 February 27, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-02 Fallsview Boulevard (Murray St. to Ferry St.) Transportation EA Status Report RECOMMENDATION 1. That the Fallsview Boulevard Transportation Environmental Assessment be finalized and filed; 2. That the 2018 Capital Budget be amended to include the additional study and engineering costs associated with the Fallsview Boulevard (Murray Street - Ferry Street) capital project. The funding for the expanded costs of $133,530.00 will be provided from an allocation of the Operating/Capital reserve; 3. That staff be directed to secure a right-of-way with Tanem Development Ltd. as part of the Site Plan Agreement for the re-development of the LCBO property. EXECUTIVE SUMMARY Finalization of the Fallsview Boulevard Transportation Environmental Assessment was deferred in June 2017 to permit an impact assessment of proposed development within the Core Tourist Area. In cooperation with Tanem Developments Ltd., the new owners of th e LCBO property on Ferry Street, a revision to the EA’s preferred “tee” intersection alternative for Fallsview Boulevard at Ferry Street has been developed that will see the addition of a signalized north leg into the property as part of the significant redevelopment of the site. The cross intersection arrangement addresses the original objectives of the EA by improving the level of service, safety and pedestrian connectivity within the intersection while integrating movements to/from the LCBO property thereby eliminating any possible access restrictions that might otherwise be experienced during peak traffic periods if the current entrance location were to remain . Additionally, the closure of Buchanan Avenue at Ferry Street will facilitate a municipal parking lot within the road allowance that will result in twenty-eight (28) new pay parking spots. The LCBO redevelopment coupled with the proposed intersection improvements and Fallsview Boulevard reconstruction serves as the catalyst for revitalization withi n the area as demonstrated by the interest of other local businesses to redevelop and the VCBIA to advance the final phase of streetscaping along Ferry Street from Clark to Stanley Avenue. The Victoria Avenue/Ferry Street Streetscaping (Phase 3) design could be added to the intersection design assignment as additional scope which will Page 112 of 566 2 MW-2018-02 February 27, 2018 result in an anticipated savings in engineering fees as a result of economies of scale. At present, this project has not been approved with Capital project funding. As part of the Site Plan Agreement with Tanem Developments Ltd. for the redevelopment of the LCBO property, an arrangement whereby the City provides eight (8) storefront parking spots on City property in return for a right -of-way over the north leg of the cross intersection can be formalized. The purpose of this report is to seek Council’s authorization to advance the needed engineering work in the area and to advise of new development opportunities in the area. BACKGROUND The Fallsview Boulevard Transportation Environmental Assessment (EA) was undertaken to assess alternatives to improving the offset intersection of Fallsview Boulevard and Buchanan Avenue with Ferry Street and to review and incorporate potential opportunities for the reconstruction of Fallsview Boulevard between Murray and Ferry Street. CIMA, the engineering consultant retained to complete the EA , developed and evaluated a number of alternative configurations of the Fallsview Boulevard/ Ferry Street/Buchanan Avenue intersection with the aim of improving the level of service, safety and pedestrian connectivity of the intersection. The intersection alternatives were assessed against a set of ten evaluation criteria including traffic operations, transit operations, traffic safety, accommodation of pedestrian and cyclists, parking supply, property requirements, business impact, maintenance requirements, aesthetics and cost. Critically, the Region preferred an alternative that would provide the greatest distance from Stanley Avenue to avoid traffic backup to and from the Stanley intersection. From the assessment, Alternative 2, or the closure of Buchanan Avenue and a signalized tee intersection with Fallsview Boulevard and Ferry Street was deemed to be the recommended solution. In early 2017, CIMA and staff met with Tanem Developments Ltd. (Tanem) who had recently purchased the LCBO property at #5375-5389 Ferry Street. At that time, Tanem expressed a keen interest in redeveloping the property, further indicating that the scope of the project may have the potential to impact the preferred intersection design. To that end, Council approved deferring the filing of the EA and advancing the design of the remainder of Fallsview Boulevard south to Murray Street) in June 2017 per MW - 2017-22 (attached #1). Page 113 of 566 3 MW-2018-02 February 27, 2018 ANALYSIS/RATIONALE Redevelopment Plans (LCBO) Over the remainder of 2017, Tanem in cooperation with their tenant LCBO, prepared a redevelopment proposal including a preliminary site plan and architectural drawings for a new modern 10,000 square foot building to be relocated to the south east side of the property (attached #2). Relocating the building on the site requires a new access off of Ferry Street thereby presenting an opportunity to align the LCBO entrance with the proposed intersection. This alternative was developed as Alternative 2B.3 in the EA analysis (attached #3). Revised Preferred Intersection Alternative Compared to Alternative 2 (Close Buchanan Avenue at Ferry Street and signalize remaining “tee” intersection of Fallsview/Ferry), Alternative 2B.3 introduces a north leg at the Fallsview/Ferry intersection, providing access into a redeveloped LCBO site. The result is a 4-legged “cross” intersection, rather than a 3-legged “tee” arrangement; both alternatives include signalization. The cross arrangement is expected to improve operational issues of Alternative 2 that could impact the LCBO property during peak periods. That is, vehicles travelling toward Stanley Avenue may block the existing entrance when stopped at a red light or queued to make the southbound left turn. By contrast, the 4-legged arrangement integrates movements to/from the LCBO property into the signalized intersection and formalizes the approaches without the need to wait for gaps in Ferry Street traffic; in particular the Ferry Street eastbound approach (left turn movement) and Fallsview Boulevard northbound approach (t hrough movement). Additionally, the cross intersection provides a simple configuration and signal arrangement at the furthest distance from Stanley Avenue, as supported by the Region. Not only will the new intersection provide improved access to/from the LCBO property it will also provide a benefit to the traffic flows on Ferry Street and Fallsview Boulevard. Moreover, a Municipal Parking Lot can be constructed within the Buchanan Avenue road allowance once closed to Ferry Street. There will be sufficient area to provide a total thirty six parking spaces. Site Plan Agreement To address LCBO requirements, the City will reserve eight (8) parking spots fronting the proposed main entrance within the City owned block adjacent to the new property entrance. In turn, Tanem will provide a City right-of-way within the north leg of the intersection, the details of which will be negotiated as pa rt of the Site Plan Agreement. Page 114 of 566 4 MW-2018-02 February 27, 2018 Though not intended to be a through-way, the right-of-way will also provide a public access to the proposed Municipal Parking Lot, specifically twenty eight pay parking spaces. Design Status The detailed design for the reconstruction of Fallsview Boulevard (Murray to Ferry Street) is currently underway. Upon filing of the Transportation EA, the detailed design of the intersection improvements included within the current consultant assignment will be advanced. Additionally, the Victoria-Centre BIA is eager to move forward with the final phase of the Ferry Street/Victoria Avenue Streetscaping project, along the 250 meter length of Ferry Street from Clark to Stanley Avenue. These works will include the replacement of aging underground infrastructure in addition to streetscaping elements. In light of the coordination required between the proposed Ferry Street design and the ongoing Fallsview Boulevard and Ferry Street Intersection design there is an opportunity to combine these assignments under the current engineering consultant, CIMA. Cost savings can be achieved by including Ferry Street (Clark – Stanley Avenue) as ‘additional scope’ within the current Fallsview Boulevard Reconstruction assignment. Upon approval of the Transportation EA, including the preferred signalized cross intersection, Tanem intends to commence the Site Plan process. Also eager to progress with their site redevelopment, LCBO has proposed a target April 2019 grand opening of the new store. Construction Timing Timing will be an important consideration and a phased approach to construction will be necessary given the scope of the works and the desire to mitiga te impacts to the adjacent businesses. With respect to the Fallsview Boulevard Reconstruction, timing of the Ferry Street intersection construction will have the greatest impact to local stakeholders including the Region, utility companies, Tanem, the Victoria-Centre and Fallsview BIAs. It is anticipated that once the designs are completed, the intersection construction should be completed first. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The tasks added to the scope of the Fallsview Boulevard Transportation EA have resulted in additional consultant engineering fees of $133,530.00. Throughout the course of the EA, a number of additional alternatives have been developed and analyzed with the aim of mitigating stakeholder concerns and maximizing development opportunities. The expanded scope has also resulted in a significant increase in consultation with the affected BIAs, business and property owners as well as City and Regional staff. Page 115 of 566 5 MW-2018-02 February 27, 2018 The design funding for the Fallsview Boulevard Reconstruction was approved May 9th, 2017 under report F-2017-19. Design of the intersection improvements is included within this consulting assignment. The additional costs will be funded form the Operating/Capital reserve. An arrangement to provide eight parking spots within City property in turn for a City right-of-way within Tanem Developments Ltd. property as part of the north leg of the signalized intersection (Fallsview Boulevard at Ferry Street) will be established within the Site Plan Agreement. CITY’S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. MW -2017-22 2. Proposed LCBO Redevelopment 3. Revised Preferred Intersection Alternative 4. Tanem Developments Ltd & LCBO Support 5. Victoria-Centre BIA Letter – Phase 3 Streetscaping Design Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Sherri-Marie Millar, P.Eng. Page 116 of 566 MW -2018-02 (08 May 2018) Attachment 2 – Revised Intersection Alternative 2B.3 (AKA Alt. 2B.4) NEW SIGNALIZED INTERSECTION VEHICULAR ACCESS TO/FROM FERRY STREET PROHIBITED FUTURE PARKETTE #5375-5389 FERRY STREET CITY OWNED PARCEL Page 117 of 566 MW -2018-02 (May 8th, 2018) Attachment 3 – VCBIA Letter – Alt 2B.3 Support Page 118 of 566 MW-2018-08 May 8th, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-08 Assumption of Warren Woods Subdivision – Phases 1 & 2 RECOMMENDATION That City Council formally assume Warren Woods (Phases 1 & 2) Subdivision. EXECUTIVE SUMMARY Final assumption of the Warren Woods (Phases 1 & 2) Subdivision referenced herein is recommended on the basis that the developer has fulfilled their obligations under the Subdivider’s Agreement. Upon final assumption, all remaining securities shall be released to the Subdivider and the City shall assume responsibility for the operation and maintenance of the municipal infrastructure within the subdivisions. BACKGROUND Subdivider Agreements are entered into between the developer of a new subdivision and the City to ensure that the requirements of the City and external agencies are satisfied and that securities are provided where necessary. The Agreements outline the developer’s obligations to ensure that municipal infrastructure is constructed in accordance with the approved engineering drawings and in compliance with applicable standards. Prescribed maintenance periods are defined to ensure that construction deficiencies are identified and remedied prior to the City assumption. Final assumption defines that date when remaining securities are released to the Subdivider and all maintenance and operation responsibilities of the municipal infrastructure within the subdivision, is assumed by the City. ANALYSIS/RATIONALE The developer has fulfilled the obligations as described within their Subdivider Agreement and as such Warren Woods Phases 1 & 2 is recommended for Final Assumption as described below: File Subdivision Registration Plan 96-290 Warren Woods Phases 1 & 2 59M-388 Page 119 of 566 2 MW-2018-08 May 8th, 2018 The municipal infrastructure within the subdivision has been inspected and deemed to have been constructed in accordance with the approved engineering drawings and in compliance with applicable standards. The required construction maintenance periods have expired. New Municipal Infrastructure (Assets) Through the assumption of the Warren Woods (Phases 1 & 2) Subdivision, the City will assume direct responsibility for the operation and maintenance of the municipal infrastructure summarized below. Length of Municipal Asset (m) Subdivision Roads Sidewalks Storm Sewer Sanitary Sewer Watermain Warren Woods Phases 1 & 2 2,450 994 3,067 2,171 2,260 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Following the formal assumption of the subdivision as described herein, all remaining securities shall be released to the respective developer. Operations staff will be advised of the subdivision assumptions and circulated infrastructure details for maintenance purposes. CITY’S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Site Plan - Warren Woods – Phases 1 & 2 Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Sherri-Marie Millar, P.Eng. Page 120 of 566 MW -2018-08 Attachment 1 – Site Plan Warren Woods Subdivision Phases 1 & 2 59M388 Warren Woods Subdivision Phases 1 & 2 59M388 Warren Woods Subdivision Phase 1 Page 121 of 566 MW-2018-13 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Cemetery Services SUBJECT: MW-2018-13 Proposed Cemetery By-Law Amendments RECOMMENDATION 1. That By-Law 2016-24 be amended to include the proposed addition of Green/Natural Burials, attached to this report, as well as the minor “house-keeping” changes as presented below. 2. That following City Council’s approval and prior to implementation, thirty (30) days public notice shall be provided, outlining the changes in the Cemetery By-Law. EXECUTIVE SUMMARY In 2016, following significant revisions to the Funeral, Burial and Cremation Services Act, Council approved the adoption of By-Law 2016-24 which provide Niagara Falls Cemetery Services, associated bereavement industry organizations and cemetery users directions related to cemetery use and work. Since the approval of By-Law 2016-24, Cemetery Services has experienced growth and expansion of services through the development of a Green/Natural Burial section which requires a uniqu e and specific set of guidelines which are presented in the attached proposed amendment. BACKGROUND Cemetery By-Laws determine and present the policies that govern the administration, operation and maintenance of municipal cemeteries. The by -law is a useful public document outlining the rules and regulations concerning lot sales, interments, cemetery services, monument restriction, flower bed regulations, as well as the general administration and operation of the municipal cemeteries. A copy of Cemetery By -Laws is issued to the Interment Rights Holder upon purchase of a cemetery plot, columbarium niche and/or an order of an interment service. The attached Green/Natural Burial Section Amendment was developed with the assistance of the Green Burial Society of Canada as well as Cemeteries with existing Green and/or Natural Burial Sections including: Roya l Oak Burial Park in Victoria, Denman Island Natural Burial Cemetery, and Parkview Cemetery in Waterloo. Page 122 of 566 2 MW-2018-13 May 8, 2018 Additional “house-keeping” modifications are limited to the following: 1. Replace “Cemetery Services Administrator” with Manager of Cemetery Services; 2. Add “Cemetery Services” to the definition list (Part 1 of By Law 2016-24); 3. Add to Schedule C – Monument and Marker Procedures and Regulations - “Inscriptions on the backs of monuments will be restricted to the family names unless written permission for additional text is granted by the Manager of Cemetery Services or their authorized representative.”; and 4. Add to Schedule D – Flower Bed Standards and Regulations – “Lot decorations that are considered to be a safety hazard to the public, including but not limited to wire and/or plastic fencing, oversized and failing shepherd hooks, thorny shrubs, ornamental stones and rocks, etc., will be removed without notice to the interment rights holder.” Once approvals are met, Niagara Falls Cemetery Services is obligated, through legislation, to post public notice at the gate of each active cemetery and via City’s website and local newspapers. It should also be noted that the Bereavement Authority of Ontario will provide approval following Council’s review and ultimate approval. FINANCIAL/STAFFING/LEGAL IMPLICATIONS None. CITY’S STRATEGIC COMMITMENT The recommendations in this report are consistent with Councils Strategic Priorities to continue the implementation of the Cemeteries Business Plan and to reduce the Municipality’s carbon footprint. LIST OF ATTACHMENTS 1. Proposed Green/Natural Burial Amendment Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Mark Richardson Page 123 of 566 10. CEMETERY SERVICES – GREEN/NATURAL BURIAL SECTION a. Green/Natural Burial Site: the green/natural burial section of the cemetery has been designed and implemented in a way that demonstrates regard for the natural state of the earth, landscape and accompanying elements. Each green/natural burial lot allows for one interment right for human remains. b. The Body: the deceased must be free from embalming solutions, pacemakers, metal or polymer implants, prosthetics and any other non-naturally occurring elements. c. Grave Opening Preparation: graves are identified only by a numbered marker. Cemetery Services will take all reasonable precautions to open the grave in the least disturbing manner to the surrounding environment. Graves will not be dressed with decorative cemetery greens unless a request is made for this service. Cemetery Services will provide a rough cut (i.e. wildflowers and grasses cut no lower than ten inches from the ground) pathway to the grave. d. Casket or Container for Full Body Interment: the casket, shroud or representative container specified for burial of human remains shall be; 1. Com posed of sustainable and fully biodegradable fibers or materials. 2. Free of non -biodegradable resins, glues or bonding agents. 3. Composed of interior finishing fabricated from biodegradable fibers or materials. 4. Free from high gloss finish lacquers, paints or prepared surfaces that are non-biodegradable. 5. Free of any interior liner, bag or wrapping that is fabricated from a non-biodegradable material. 6. Free of any memento, article or personal belonging that is composed of non-biodegradable materials. 7. Fashioned to include a supportive bottom that is stable and strong enough to be transported and placed on a grave set-up lowering device. The supportive bottom must be similarly made from sustainable and biodegradable materials. e. Container for Cremated Remains Interment: the representative container specified for burial of cremated human remains shall be; 1. Composed of sustainable and fully biodegradable fibers or materials. 2. Free of non-biodegradable resins, glues or bonding agents. 3. Composed of interior finishing fabricated from biodegradable fibers or materials. 4. Free from high gloss finish lacquers, paints or prepared surfaces that are non-biodegradable. 5. Free of any interior liner, bag or wrapping that is fabricated from a non-biodegradable material. 6. Free of any memento, article or personal belonging that is composed of non-biodegradable material. f. Containers: in addition, interment containers said to be of primary composition of plywood, particleboard or any other non-sustainable/non-biodegradable materials are prohibited from use in the green/natural burial section. The Manager of Cemetery Services, or authorized representative, will have ultimate decision on approval of a casket, shroud or representative container for an interment in a green/natural burial section. g. Interment Process: the interment will take place as a direct burial. Cemetery Services will lower the interment container into the earth by means of a standard lowering device. Earth will be either available on site or brought grave side to complete the interment. Efforts will be made to return the same earth back into the grave as was excavated. h. Witnessing the Interment: the Manager of Cemetery Services may limit the number of witnesses to an interment service in the green/natural burial section due to any Page 124 of 566 reason of preserving the environmental sanctity or health and safety of those persons attending the interment. All attendees will be under the supervision of Cemetery Services during the interment proceedings. i. Unrecoverable Status: interred human remains or cremated human remains shall be considered non-recoverable from the interment date, and Cemetery Services shall have no obligation to recover the remains unless ordered by the provisions of legislation, regulation or court document. In the case of the Cemetery Services being ordered to recover human remains or cremated human remains, the Manager of Cemetery Services will hold the authorizing party accountable for all fees associated with the work performed. j. Re-establishing the Burial Site: the burial site will be allowed to naturally settle over time. The earth will be over-seeded with a recognized wildflower seed mix after the interment process is completed and thereafter with re -establishment of soil grade levels through the natural settlement process. Where possible, native trees and shrubs will also be planted. At the discretion of the Manager of Cemetery Services, families may request for a native “Memorial Tree” to be planted on, or near to the lot. k. Memorialization: for green/natural burial, the practice of individual memorialization will not be permitted. A communal memorial stone that is sourced naturally will be used to establish simple inscriptions. All inscriptions must be approved by the Manager of Cemetery Services, or authorized representative, before being inscribed on the communal memorial stone. Each inscription will follow sequentially with one line provided for the name of the deceased and one line for the year of birth/death of the deceased. No emblems or design elements will be inscribed beyond the name and dates named above. Every inscription will be uniformly directed by the Manager of Cemetery Services in regard to lettering size, font and occupied space. All inscriptions will be processed by Cemetery Services in terms of timing of work, establishing the contractor used to perform the work and fees for service. l. Keeping a Clear Site: no other memorials, flowers, articles or personal effects may be left behind at the green/natural burial section. Any said flowers, articles or personal effects found in the green/natural burial section will be removed and stored by Cemetery Services for collection. If not collected, it will be disposed of after thirty (30) days. Cemetery Services retains the right to limit access to pedestrians or vehicles into the green/natural burial section in keeping of the environmental sensitivities within the site. m. Maintenance of the site: no regular maintenance will be performed on the green/natural burial site. The wild flower mix may be mowed, or a prescribed burn may be implemented, to control the invasion of non-native species and promote the health of native species. The site will be left to naturally evolve and develop with minimum disturbances. Native trees and shrubs may be planted at the discretion of the Manager of Cemetery Services. No watering or fertilizing will take place of the seeded areas. The Manager of Cemetery Services will have ultimate authority to manage, maintain and alter the interment areas, communal memorial stone and pathways at his/her sole discretion. Page 125 of 566 PBD-2018-28 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-28 Matters Arising from Municipal Heritage Committee 2018 Designated Property Grant Restoration of Shutters on the James Oswald House 2922 St. Paul Avenue RECOMMENDATION That Council approve the alteration and grant to the James Oswald House to re- establish shutters on the six French doors on the ground floor of the house as it will further restore the building to its original appearance. EXECUTIVE SUMMARY The Municipal Heritage Committee received a request from the owner of the James Oswald House to re-establish shutters on the house. The Committee reviewed the proposal and photographs of the house from the early 20th Century that show the shutters were in place at that time. Regency style cottages (1820-1860) were known have had shutters. Based on this the Committee made the following motion: “That the Committee has determined that the proposed work will not alter the reasons for designation and supports the application for a Designated Property Grant for one half of the cost to a maximum of $5,000 for the restoration of the shutters on the James Oswald House.” The owner proposes to complete the restoration of the shutters on the main entrance and second level of the house in 2019. BACKGROUND The James Oswald House was built c. 1836 and is an excellent example of the Regency Cottage style of architecture. The Regency style often had a large broad verandah which is found on the James Oswald House. Within the large verandah, set into the facades are six French doors. Regency style cottages were known to have had shutters for windows and French doors. The shutters allow air to circulate during hot summer evenings. Shutters on the ground floor of the Oswald House are in evidence in photographs from the early 20 Century (see Appendix 1), suggesting that these may have been originally installed. Page 126 of 566 2 PBD-2018-28 May 8, 2018 An application for a Designated Property Grant was received from the owners of the Oswald House to re-establish shutters on the six French doors on the ground floor of the house. The Grant guidelines outline that a grant may be applied to repair, conserve or reconstruct a significant architectural feature if historical evidence of a feature can be documented. ANALYSIS/RATIONALE Two quotations were submitted with the application, one from Crowland Sash and Frame Ltd. for a cost of $14,690.00 (tax incl) for six pairs of shutters and the other from Canada Custom Shutters for a cost of $12,995.00 (tax incl.), also for six pairs of shutters. The shutters are to be operable and consistent with 18th century design. The grant guidelines would cap the amount of eligible costs at $5,000. As such, regardless of which contractor is selected by the applicant, the maximum grant contribution is $5,000.00. FINANCIAL IMPLICATIONS The 2018 Budget allocates $10,000 to the Municipal Heritage Committee Designated Property Grant Program. The project at the James Oswald House will represent $5,000 of the funds allocated in the current budget year. As of the date of this report, no other applications have been received for the current year. CITY’S STRATEGIC COMMITMENT To further the preservation of the City’s Heritage. LIST OF ATTACHMENTS Appendix 1 – Photo of house from Ontario Archives c. 1920 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle:J.Barnsley:mb Attach. S:\PDR\2018\PBD-2018-28, Matters Arising from MHC, 2922 St. Paul Ave., Oswald House Shutters.docx Page 127 of 566 3 PBD-2018-28 May 8, 2018 APPENDIX 1 Page 128 of 566 PBD-2018-29 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-29 Request for Street Name Correction Livingstone to Livingston RECOMMENDATION That Council instruct staff to have the existing street signs on Livingstone Street corrected to Livingston Street to reflect the correct spelling of the name of the person for whom the street was named. BACKGROUND Staff received a request to correct the spelling of Livingstone Street to Livingston Street from a historian, John McDonald of Milton, Ontario, who has done research on Thomas Chisholm Livingston. Mr. McDonald advised that Thomas Chisholm Livingston had o wned land in the Fallsview area which now forms part of the Fallsview Casino property and lands sold to the Michigan Central Railway and Loretto Academy. Mr. McDonald confirmed with the Niagara Falls History Museum that Livingston Street was named in recognition of the Thomas Chisholm Livingston. Staff also received letters from Mr. Livingston’s great grandsons who have also requested that the street name signs be corrected to reflect the proper spelling of their great grandfather’s name. Upon further investigation it appears on early City mapping as Livingston Street and sometime in the 1970’s an ‘e’ was added to the end of the name. City directories after 1973 until the late 1980’s continue to show the name with an ‘e’. Sometime after 1989 it appears without the ‘e’ until the last city directory of 2013. There are no municipal addresses on Livingston Street. Emergency services have no issue with the change in spelling as they would respond by pronunciation. No mail delivery would be affected by the correction in the spelling of the name. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are two street name signs that would be required to be changed. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle:mb S:\PDR\2018\PBD-2018-29, Request for Street Spelling Correction.docx Page 129 of 566 TS-2018-15 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-15 Buckley Avenue – Parking Review RECOMMENDATION That a “No Parking” and “Loading Zone” be established on the west side of Buckley Avenue between a point 30 metres north of Simcoe Street and a point 45 metres north of Simcoe Street. EXECUTIVE SUMMARY The designated loading zone will allow Chair-A-Van bus drivers access to the front entrance of 4901 Buckley Avenue to pick up/drop off their clients. BACKGROUND Staff received a concern from a resident on the Mayor’s Accessibility Advisory Committee that vehicles parked in front of entrance to 4901 Buckley Avenue create difficulty for Chair-A-Van drivers to find a suitable place to pick up and drop off their clients. Chair-A-Van provides curb-to-curb transportation service within the municipal boundaries for registered users with disabilities. Buckley Avenue between Crawford Place and Simcoe Street has a 9 metre pavement width with curb face concrete sidewalks on both sides of the road. With the exception of a corner parking restriction on the west side of Buckley Avenue at Simcoe Street, parking permitted on both sides of the road. ANALYSIS/RATIONALE The largest para-transit bus in the City’s fleet is 8.5 metres in length. Staff is recommending that a 15-metre loading zone be established in front of the main entrance to 4901 Buckley Avenue that will allow for a Chair-A-Van bus drivers to pick up and drop off clients. The loading zone must be accompanied with a parking prohibition for it to be enforceable. Page 130 of 566 2 TS-2018-15 May 8, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2018 General Purposes Budget. It is estimated that the cost to install the signs is approximately $400. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study Area drawing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 131 of 566 TS-2018-15 Existing Parking Prohibition Buckley Avenue Proposed Loading Zone Parking Review 4901 Buckley Avenue Page 132 of 566 TS-2018-17 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-17 Niagara Region Transit – Service Provider Agreement RECOMMENDATION 1) That the three year agreement, with the Region of Niagara, for the provision of Regional Transit Services, be approved. 2) That the Mayor and Acting City Clerk be authorized to execute the necessary agreement. BACKGROUND In September 2010 Niagara Region, the City of Niagara Falls, the St. Catharines Transit Commission and the City of Welland entered into a pilot project agreement to formalize the provision of inter-municipal transit services. In 2017, Niagara Region obtained legislative authority permitting direct involvement in inter-municipal transit. As a result, the pilot project agreement has transitioned into a formalized service provider agreement, for the provision of transit services, on behalf of the Region, by the three largest transit providers. The agreement shall remain in effect until December 31, 2020, with an option to extend for an additional two years. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The fee for service will be provided on a full cost recovery basis. CITY’S STRATEGIC COMMITMENT The recommendation of this report supports Council’s 2015-2018 Strategic Priority of Economic Growth and Prosperity by strengthening public transit linkages between the municipalities to assist in the movement of people for employment and education. Page 133 of 566 2 TS-2018-17 May 8, 2018 LIST OF ATTACHMENTS 1) Service Provider Agreement Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 134 of 566 1 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT B E T W E E N: THE REGIONAL MUNICIPALITY OF NIAGARA (herein referred to as “Niagara Region") -and- THE ST. CATHARINES TRANSIT COMMISSION, THE CORPORATION OF THE CITY OF NIAGARA FALLS AND THE CORPORATION OF THE CITY OF WELLAND (herein collectively referred to as the “Service Provider") WHEREAS Niagara Region and the Service Provider have been parties to an inter-municipal pilot project since in or about September 2010 to the date of commencement of this Agreement pursuant to a written agreement (hereinafter the “Pilot Project Agreement”) for the operation of inter-municipal transit on a trial basis; AND WHEREAS, in 2017 Niagara Region obtained, through the triple majority process contemplated by the Municipal Act, 2001, legislative authority permitting direct involvement in inter-municipal transit; AND WHEREAS Niagara Region and the local municipalities and transit authority collectively providing inter-municipal transit service are involved in long term consultation and discussions to rationalize and unify transit services in Niagara region and for that purpose have entered into working arrangements to achieve that goal; AND WHEREAS it is desirable that inter-municipal transit operations continue and flourish through the consultation and discussion phase using a service akin to the arrangements undertaken during the Pilot Project; AND WHEREAS the transit vehicles originally purchased for the pilot project will eventually need to be replaced and to permit growth, supplemented with newer vehicles; AND WHEREAS Niagara Region wishes to retain the Service Provider to perform the Services, as set out in Schedule "A" attached hereto and the Service Provider has agreed to perform such Services in accordance with the terms and conditions as set forth herein; Page 135 of 566 2 NOW THEREFORE in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: ARTICLE 1. – INTERPRETATION 1.1 Definitions In this Agreement, unless something in the subject matter or context is inconsistent therewith: (a) "Agreement” means this Agreement and all schedules attached hereto and all amendments made hereto and thereto by written agreement between the Parties; (b) “CUTA” means the Canadian Urban Transit Association; (c) “Effective Date” means January 1st, 2018 whether or not executed by all the parties before or after the Effective Date; (d) “Operators Co-ordination Committee” shall mean a committee consisting of one representative from each of the Transit Providers and three representatives from Niagara Region which shall have the duties and responsibilities set forth in Schedule D. (e) "Parties" means all the Parties to this Agreement and "Party" refers to any one of them; (f) “Permitted Employees” means any employee of the Service Provider that Service Provider uses in the provision of the Services; (g) “Policies and Procedures” mean all policies and procedures of Niagara Region applicable to the provision of the Services by the Service Provider and made available to the Service Provider by Niagara Region, including but not restricted to the Policies and Procedures set forth in the schedules hereto;. (h) “Service Hours” means as the total annual vehicle hours operated by active revenue vehicles (buses) for regular passenger service, and other non-revenue hours. For clarity the Service Hours shall include Revenue Vehicle Hours, Dead- head Hours, Garage In and Out hours, and Other Non-Revenue Hours such as road tests, training and auxiliary service as may reasonably be expected. (i) “Service Provider” means, where context requires, to include the Service Provider, each of the Transit Providers constituting the Service Provider in their individual capacity; Page 136 of 566 3 (j) "Services" means those Services identified in Schedule A to be provided by the Service Provider to Niagara Region; (k) “Transit Provider” means any one of the transit operators collectively forming the Service Provider and identified in this Agreement as the Corporation of the City of Niagara Falls, The St. Catharines Transit Commission and the Corporation of the City of Welland; (l) “Vehicle Hours” where used herein shall have the same meaning as Service Hours; 1.2 Schedules (a) Schedules refers Schedule A, Schedule B, Schedule C, Schedule D, Schedule E and Schedule F and any replacement or supplemental schedules which Niagara Region may by the terms of this Agreement, be entitled to add from time to time. (b) In the event of a conflict between the contents of the body of the Agreement and any schedule incorporated into the Agreement, the body of the Agreement shall prevail. Provided that if a provision within a schedule expressly references this subsection (b) and states that the identified provision within the schedule shall prevail in the event of conflict with the body of the Agreement, then the identified provision shall prevail to the extent it conflicts with provisions within the body of the Agreement. ARTICLE 2. – PROVISION OF THE SERVICES 2.1 The Services During the Term of this Agreement, the Service Provider shall: (a) provide the Services, as more particularly described in this Agreement and Schedule A, attached hereto; (b) provide the Services in accordance with the requirements of this Agreement; (c) perform such duties using its best efforts and in accordance with the highest professional standards and employing the skill and competence expected of a Service Provider providing similar services; (d) provide the Services with the assistance of Permitted Employees only, unless otherwise expressly agreed to by Niagara Region in its sole discretion; (e) perform all Services and fulfill its responsibilities under this Agreement in compliance with all Policies and Procedures; Page 137 of 566 4 (f) promptly comply with all reasonable requests, instructions, and directions of Niagara Region; and (g) provide such other services and advice as may reasonably be requested by Niagara Region. 2.2 Qualifications The Service Provider providing Services pursuant to this Agreement shall: (a) be familiar with all Policies and Procedures of Niagara Region as amended from time to time relevant to the Services. The Service Provider acknowledges and agrees Niagara Region may revise, revoke and supplement the Policies and Procedures from time to time and the Service Provider is bound by any such change on and after the date upon which notice of the change is provided to the Service Provider in accordance with this Agreement and; (b) Achieve all such additional qualifications specifically arising from the nature of the Services as described in Schedule A hereto. 2.3 Term of Agreement (a) This Agreement shall be effective as of the Effective Date and shall remain in effect until December 31st, 2020 unless terminated in accordance with Section 2.4 or otherwise (the “Term”). During the Term, the Service Provider shall provide the Services to Niagara Region as per the terms and conditions specified herein. (b) Niagara Region shall have the option to extend this Agreement for a further period of two years commencing January 1, 2021 on the same terms and conditions by notice in writing delivered not less than 180 days prior to December 31st, 2020 to the Service Provider. 2.4 Termination (a) If any individual Transit Provider providing Services, fails to perform the Services applicable to that Transit Provider in accordance with the terms of this Agreement, for a period of more than four days Niagara Region may, subject to the Transit Providers right to rectify in specified circumstances terminate this Agreement on five (5) days prior written notice to the Transit Provider in breach. Provided that if the failure to perform does not negatively affect the provision of the Services in a material manner, the Transit Provider shall be provided written notice specifying the nature of the breach and allowed fifteen days from the giving of said notice to rectify the deficiency and Niagara Region will not provide the notice to terminate during that rectification period. For the purpose of this Page 138 of 566 5 Agreement, a material failure to perform means an interruption in service that results or is reasonably likely to result in a repeated failure to complete, in a timely manner, one or more transit routes in accordance with their design. (b) Niagara Region and Transit Operator(s) individually have the right to terminate the Agreement for any reason whatsoever by providing a minimum of one hundred and eighty days prior written notice of termination to the Service Provider or to any individual Transit Provider. (c) In the event of termination, Niagara Region shall be liable for payment to the Service Provider or Transit Provider for those monies attributable to the part of the Services properly performed to the date of termination specified in such notice, and the Service Provider or Transit Provider as applicable shall discontinue the Services on the date specified in the notice. (d) Any Transit Provider may withdraw from this Agreement by providing a minimum of one hundred and eighty days prior written notice of termination to Niagara Region and the other Transit Providers. (e) In the event this Agreement is terminated with any one Transit Provider but not all Transit Providers pursuant to subsections, 2.4 (a), (b) or (d) each of the remaining Transit Providers shall continue to provide Niagara Region the Services for which each Transit Provider is responsible under this Agreement, subject to each Transit Provider’s continued right to terminate in accordance with subsection 2.4 (d) and Niagara Region shall be entitled to contract with one or more of the remaining Transit Providers or such other potential provider as Niagara Region considers appropriate in its discretion, to undertake the routes and Service Hours formerly undertaken by the Transit Provider whose Services has been terminated. In case the remaining Transit Providers do not want contract the routes operated by the Transit Provider with whom the Agreement has been terminated, Niagara Region reserves the right to contract the services with any other operator at its sole discretion. Taking over the route does not imply that the terminating Transit Provider facilities will be used without consent. 2.5 Payment The Service Provider shall be remunerated in accordance with the terms set forth in Schedule B, attached hereto. 2.6 Service Provider an Independent Contractor Notwithstanding any other provision in this Agreement, the Service Provider agrees and acknowledges that the Services shall be provided by the Service Provider as an independent contractor. Specifically, the Service Provider agrees and acknowledges that: Page 139 of 566 6 (a) The Service Provider shall not be deemed to be officer, agent, employee or official of Niagara Region; (b) The Service Provider shall be responsible as an independent contractor for the collection and payment of all taxes, remittances, contributions or levies imposed, charged or required under any law in respect of the Services provided and the fees and disbursements paid pursuant to this Agreement; (c) Niagara Region is not responsible, either jointly or severally, to fund any remittances, deductions or contributions, including those required by the Canada Revenue Agency, Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, Ontario Health Premium administrators or authorities on behalf of the Service Provider; (d) The Service Provider is not eligible to participate in any health, insurance, pension, disability or similar plan offered, funded, or contributed to, by or on behalf of Niagara Region; (e) The Service Provider and not Niagara Region, shall respond to and assume responsibility for any employment related claims advanced by the Service Provider including, but not limited to, those claims arising under any labour relations, employment standards, human rights, occupational health and safety, workers compensation, workplace safety and similar legislation; (f) Niagara Region is not responsible for any charges or liabilities to, or in favour of, or as re-imbursement of the Service Provider unless specifically set forth in Schedule “B”; (g) The Service Provider shall, without restricting the indemnities provided by the Service Provider elsewhere in this Agreement, indemnify and hold harmless Niagara Region from all claims, damages, costs incurred by Niagara Region as a result of any claims arising from a finding that the Service Provider is not an independent contractor of the Niagara Region, save and except those costs Niagara Region incurs pursuant to section 2.5; (h) The Service Provider shall not engage in any activity that places it in an actual, or reasonably perceived conflict of interest relative to its obligations under this Agreement; and 2.7 Intellectual Property, Privacy and Confidentiality (a) All information, materials, reports, statistics, records, documents, data, and graphics prepared, created, obtained, developed, gathered or delivered by the Service Provider in connection with the Services and/or otherwise resulting from the Services, in whatever form, whether written, electronic or otherwise readable by machine, including without limitation all programs, compact discs, tapes and Page 140 of 566 7 listings (the "Documents"), as well as all copyright and all other intellectual property in the Documents, shall be owned by and remain the sole property of Niagara Region. (b) The Documents shall be used by the Service Provider only for purposes within the scope of this Agreement, and shall not be revealed, released, reproduced, published or disclosed to any person or persons without Niagara Region's prior written consent, such consent not to be reasonably withheld. Provided further: i. to the extent there is copyright or other intellectual property in the Documents, Niagara Region shall license, in consideration of the payment of one dollar per year, the use of the copyrighted or otherwise owned intellectual property for the purpose of the Transit Provider’s internal use within their own transit systems; ii. to the extent the Documents consist of randomized statistical data related to the use of the transit system and not containing any personal information, each Transit Provider may and is hereby granted a license to use such statistical data freely for its own internal use. iii. For the purpose of exercising the license rights contained herein, the Transit Providers, when complying with subsection 2.7(e) herein, may make copies of Documents being delivered to Niagara Region pursuant to the requirements of subsection 2.7(e) for their internal use. (c) Each of the Service Providers and Niagara Region acknowledge and agree that all personal information, including all personal health information, that either party accesses or acquires knowledge of as a result of the Services, will be accessed, used, retained, protected, disclosed and disposed of in accordance with all applicable municipal, provincial and federal laws and regulations governing the collection, use, retention, disclosure and disposal of such information, including without limitation, the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 ("MFlPPA") and the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A ("PHlPA"). Furthermore, the Service Providers and Niagara Region agree that all personal health information collected will only be shared with those individuals for whom written consent and/or legislative authority exists. (d) This Agreement and all Documents and information resulting from this Agreement are subject to the MFIPPA and, where applicable, PHlPA and all applicable federal and provincial privacy legislation, as well as Niagara Region's and Service Provider’ obligations thereunder. The Service Provider and Niagara Region shall at all times comply with the requirements of such legislation and undertake no action that could reasonably be expected to result in a violation by Niagara Region or any of the Transit Provider of any applicable privacy legislation. The Service Provider and Niagara Region shall protect all personal and confidential information as required by the foregoing legislation. Page 141 of 566 8 (e) Upon the completion, termination or suspension of this Agreement for any reason whatsoever, or upon simple request of Niagara Region at any time, and subject to the license rights reserved to the Service Provider collectively and each Transit Provider individually set forth in subsection 2.7(b) of this Agreement, the Service Provider shall promptly deliver to Niagara Region all Documents (as defined in subsection (a)), including all electronic files, used or prepared by the Service Provider, including its employees or anyone engaged by the Service Provider on its behalf, in connection with the Services, including all originals in the possession of the Service Provider and anyone employed or engaged on its behalf. (f) Ideas exchanged between the Transit Providers and Niagara Region respecting best practices and innovations in the provision of transit services which are by their nature not capable of receiving protection under federal Copyright Act, Patent Act or similar intellectual property statutes are intended to be exchanged freely between the parties with a view to providing the best service possible to the residents and visitors to Niagara region and as such may be used by each party for the purpose of enhancing their individual transit services. 2.8 Insurance (a) The Service Provider shall purchase and maintain at all times during the term of this Agreement, or as otherwise set out in this Agreement, the insurance coverage as set out in Schedule “C” attached hereto; (b) The Service Provider shall, except as provided in 2.8(c), provide: i. A valid, current Clearance Certificate declaring that the Service Provider is registered with Workplace Safety and Insurance Board (“WSIB”), and has an account in good standing; or ii. A Letter of Good Standing issued by WSIB. (c) If WSIB coverage is not required by law to be carried by the Service Provider, the Service Provider shall provide one of the following (as the case may be): i. An Exemption Letter from WSIB, satisfactory to Niagara Region’s Director of Legal and Court Services; ii. An Independent Operators Status Certificate issued by WSIB; or iii. Such further and other evidence as may be satisfactory to Niagara Region’s Director of Legal and Court Services. (d) In addition to the indemnification and without restricting the indemnities provided by the Service Provider elsewhere in this Agreement, the Service Provider agrees to indemnify Niagara Region and its respective elected officials, officers, employees, agents, successors and assigns for all losses, claims, expenses (including reasonable legal fees) or other charges related to the Service Provider’s status with WSIB. Page 142 of 566 9 2.9 Indemnification (a) Each Transit Provider shall indemnify and save harmless Niagara Region and its respective elected officials, officers, employees, agents, successors and assigns from and against all claims, demands, actions, losses, damages, suits, proceedings, expenses, costs, including all legal fees and disbursements, of every nature and kind whatsoever which Niagara Region and its respective elected officials, officers, employees, agents, successors, and assigns may suffer, arising out of, or attributable to the acts or omissions of the Transit Provider, its board members, elected officials, officers, directors, servants, employees, agents, successors, assigns and anyone for whom at law the Transit Provider is responsible, in the performance of those parts of the Services applicable to the Transit Provider or its performance of any of its obligations under this Agreement, save and except to the extent such claims, demands, actions, losses, damages, suits, proceedings, expenses, costs, including all legal fees and disbursements arise from the negligence or willful act of Niagara Region or another Transit Provider. (b) Niagara Region shall indemnify and save harmless the individual Transit Providers and their respective elected officials, officers, employees, agents, successors and assigns from and against all claims, demands, actions, losses, damages, suits, proceedings, expenses, costs, including all legal fees and disbursements, of every nature and kind whatsoever which the Service Provide, the individual Transit Providers, and their respective elected officials, officers, employees, agents, successors, and assigns may suffer, arising out of, or attributable to the acts or omissions of the Niagara Region, its elected officials, officers, directors, servants, employees, agents, successors, assigns and anyone for whom at law Niagara Region is responsible, in the performance of its obligations under this Agreement, save and except to the extent such claims, demands, actions, losses, damages, suits, proceedings, expenses, costs, including all legal fees and disbursements arise from the negligence or willful acts of one or more Transit Providers. ARTICLE 3. – GENERAL 3.1 Binding Effect and Enurement This Agreement shall ensure to the benefit of and be binding upon the Parties hereto, their heirs, next of kin, beneficiaries, executors, administrators, successors and assigns. 3.2 Assignment of Agreement The Service Provider shall not assign or transfer this Agreement without obtaining the prior written consent of Niagara Region, which consent may be withheld by Niagara Region in its sole and absolute discretion. Page 143 of 566 10 3.3 Entire Agreement The Agreement including the schedules referenced in section 1.2 of this Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the Parties with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the Parties other than those expressly set forth in this Agreement. 3.4 Jurisdiction, Amendments and Waivers This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. The parties hereby irrevocably and unconditionally attorn to the jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom. No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by all the Parties hereto. No waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the same and unless otherwise provided in the written waiver, shall be limited to the specified breach waived. 3.5 Severability In the event that any provision or term of this Agreement is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, the remaining terms and provisions of this Agreement remain in full force and effect. 3.6 Survival Of Provisions The provisions of this section 3.6 and sections 2.6 2.7, 2.8, 2.9, 3.1, 3.5, 3.8 and 3.9 shall survive the expiration or termination of this Agreement. 3.7 Notice (a) Any notice given or required under this Agreement shall be deemed to be sufficiently and effectually given if delivered by hand or mailed by prepaid registered post, sent by facsimile transmission, or in the case of notice to the Service Provider if sent by email, addressed as follows: i) In the case of Niagara Region: The Regional Municipality of Niagara 1815 Sir Isaac Brock Way Thorold, Ontario L2V 4T7 Attention: Commissioner of Public Works Fax: (905) 687-8056 Page 144 of 566 11 ii) In the case of the Service Provider at the address below, with copies to each of Transit Operators at the addresses for service of Notices to individual Transit Operators: In the case of The Corporation of the City of Welland: 60 East Main Street Welland, Ontario L3B 3X4 Attention: [insert title] Fax: (905) [Number] Email: [insert address] In the case of The Corporation of the City of City of Niagara Falls: 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Director of Transportation Services Fax: (905) 905-356-5576 Email: kdren@niagarafalls.ca In the case of The St. Catharines Transit Commission: 2012 First Street Louth St. Catharines, Ontario L2S 3V9 Attention: [General Manager] Fax: (905) 685-4050] Email: [insert address] or to such other address or number of which either party may from time to time notify the other in writing. (b) If any such notice is so given, it shall be conclusively deemed to have been given and received on the date of delivery if delivered, on the next business day if transmitted by facsimile transmission, and on the fifth calendar day following the mailing thereof, if sent by mail as aforesaid. If any such notice is given by email only it shall be deemed delivered on the next business day following the sending party receiving an electronic acknowledgement that the email has been read. 3.8 Compliance with Laws The Service Provider shall comply with all laws, rules and regulations, applicable to the provision of the Services, including without limitation, including all bylaws of Niagara Page 145 of 566 12 Region, the Occupational Health and Safety Act, R.S.O. 1990, c. O.I, the Workplace Safety and Insurance Act, 1997, c.16, the Accessibility for Ontarians with Disabilities Act, 2005, S.O., 2005, c. 11. 3.9 Accessibility Training Without restricting the scope and applicability of Section 3.8 of this Agreement, where the Service Provider's Services are subject to the Accessibility for Ontarians with Disabilities Act, 2005, (the "AODA"), the Service Provider shall comply with the AODA and the Regulations thereunder with regard to the provision of the Services to persons with disabilities and shall ensure the training required under the said AODA and its regulations is provided to the Service Provider's employees, agents, volunteers or otherwise, and shall further provide to Niagara Region, upon Niagara Region's request and in a form acceptable to Niagara Region, documentation evidencing completion of the required accessibility training. 3.10 Signing in Counterparts The parties agree that the execution of this Agreement may be facilitated through a facsimile copy and/or this Agreement may be executed in several counterparts and any such facsimile copy and any such counterpart shall be deemed to be an original and such facsimile copies or such counterparts together shall constitute one and the same instrument and shall have the same force and effect as an executed original. IN WITNESS WHEREOF the Parties have caused this Agreement to be duly executed by their duly authorized signing officers as of the date proceeding their name. EXECUTED at St. Catharines, Ontario this day of , 2018 (City/Town) (Date) (Month) THE ST. CATHARINES TRANSIT COMMISSION Per: _____________________________________ Name Title: Per: _____________________________________ Name Title: I/We have the authority to bind the Corporation. EXECUTED at Welland, Ontario this day of , 2018 (City/Town) (Date) (Month) Page 146 of 566 13 THE CORPORATION OF THE CITY OF WELLAND Per: _____________________________________ Name Title: Per: _____________________________________ Name Title: I/We have the authority to bind the Corporation. EXECUTED at Niagara Falls, Ontario this day of , 2018 (City/Town) (Date) (Month) THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: _____________________________________ Name Title: Per: _____________________________________ Name Title: I/We have the authority to bind the Corporation. EXECUTED at Thorold, Ontario this day of , 2018 (Date) (Month) THE REGIONAL MUNICIPALITY OF NIAGARA Per: _____________________________________ Name Title: Per: _____________________________________ Name Title: Page 147 of 566 14 I/We have the authority to bind the Corporation. Page 148 of 566 15 Schedule A – Services 1) During the Term of the Agreement, the Service Provider shall provide the following services: All of the services of a competent conventional transit provider performing in accordance with applicable professional standards arising from the Acts, regulations, policies and procedures such as the Highway Traffic Act, the AODA Act, Commercial Vehicle Operator's Registration (CVOR), Public Vehicle Act, Annual or semi-annual inspection certification, Appropriate driver's license for the type of vehicle, Transportation of Dangerous Goods Act 2) During the Term of the Agreement, the Service Provider agrees the following specific responsibilities form part of the Services to be performed by the Service Provider: a) Operating and maintaining the necessary accessible transit vehicles required to complete the Services in accordance with industry standards; b) Providing all necessary storage and maintenance facilities for the transit vehicles and ensuring that all vehicles are maintained in a clean and safe condition at all times; c) Without limiting subsection 2b) to this Schedule “A”, Service Provider shall be responsible, as part of maintenance, for inspections, oil and other fluid changes and all minor engine repairs. d) Service Provider shall not be responsible for major repairs or refurbishment, major body works or structural works for transit vehicles legally or beneficially owned by Niagara Region; e) Major repairs may include but is not limited to major powertrain, HVAC, exhaust and emission control system, major body works or structural works. f) Hiring, training, managing, supervising and deploying the necessary qualified manpower; g) Ensuring that all transit vehicles, operators and other personnel comply with all applicable federal, provincial and municipal legislation, by-laws and safety standards and that all vehicles have all necessary safety inspections required by law; h) Operating the buses on the routes and schedules outlined in Appendix 1, 2 and 3 to this Schedule “A” to the Agreement; Page 149 of 566 16 i) Responding to all claims, demands and legal actions arising out of the Services; j) Broadly communicating to the public and prospective users of the Services (including on Service Providers’ respective web-sites) all necessary and current information including all relevant fare and schedule information; k) Collecting fares at rates established by Niagara Region after consultation with the Service Provider; l) Ensuring that all Niagara Region transit buses be equipped with fare data collection capability satisfactory to Niagara Region which will accurately record and calculate the fares collected; m) Remitting to Niagara Region an invoice outlining all net operational costs (being operational costs minus fare and other revenues) on a monthly basis. Alternatively, remitting to Niagara Region all net revenues (being the fare revenue less the operating costs) on a monthly basis; n) On request, providing Niagara Region with access to all relevant equipment, maintenance, route, scheduling, passenger, financial, funding, fare and other relevant information, records and documentation; o) on an annual basis or as requested by CUTA, provide to Niagara Region a comprehensive report for the previous year including information in standard Canadian Urban Transit Association (CUTA) format showing the operating data such as the vehicles’ kilometers, hours of operation, staff payment hours, passenger trip count, fuel, maintenance and other expenses. The reporting will also include the CUTA performance indicators such as Revenue/Cost (R/C) ratio, average fare, cost effectiveness, service utilization; p) Facilitate and supporting any reporting regarding the status of the Niagara Region Transit Service to Niagara Region’s Public Works Committee; q) Each Transit Provider shall complete an Operating Budget for that Transit Provider’s portion of the Services for the forthcoming year using the format set forth in Appendix “3 “ to this Schedule “A”; r) Comply with Niagara Region’s reasonable requests for the provision of these Services; s) providing any reasonable assistance or information to enable Niagara Region to evaluate and improve the enhanced transit services; and t) Providing such other ancillary services as may be reasonably requested by Niagara Region. Page 150 of 566 17 u) Obtaining any required public vehicle license for the operation of new, and/ or amended transit routes as per the Motor Vehicle Transportation Act. 3) The Service Provider acknowledges receipt of copies of the following specific Policies and Procedures established by Niagara Region which relate to the provision of the Services herein: a) No Policies are currently identified. 4) Service Provider shall ensure that all Permitted Employees comply with the policies and procedures referenced in the preceding Section 3) to the extent applicable and further that all Permitted Employees comply with the following standards to the extent applicable to their specific duties: a) Commercial Vehicle Operator’s Registration (CVOR); b) Highway Traffic Act; c) Public Vehicles Act; Without limiting the generality of the forgoing all Permitted Employees shall personally hold the appropriate licenses necessary for the carrying out of the duties assigned to that Permitted Employee. 5) The Service Provider shall not permit any Permitted Employee who does not meet all applicable standards specified in this Schedule “A” to provide Services pursuant to this Agreement. Page 151 of 566 18 Appendix 1 to Schedule “A” IMT Operating Routes Page 152 of 566 19 * NRT Routes and Schedules in Appendix 1, 2, 3 are subject to change Page 153 of 566 20 Appendix 2 to Schedule “A” and Service Hours Routes 40 / 45 - St. Catharines – Niagara Falls Route 40: Niagara Falls to St. Catharines Location First Trip Last Trip Morrison / Dorchester Hub 8:00 a.m. 9:00 a.m. Every Hour 9:00 p.m. Dorchester 8:04 a.m. 9:04 a.m. Every Hour 9:04 p.m. Niagara College 8:19 a.m. 9:19 a.m. Every Hour 9:19 p.m. NOTL Outlet Mall 8:25 a.m. 9:25 a.m. Every Hour 9:25 p.m. Fairview Mall 8:40 a.m. 9:40 a.m. Every Hour 9:40 p.m. St. Catharines Terminal 8:49 a.m. 9:49 a.m. Every Hour 9:49 p.m. Route 45: St. Catharines to Niagara Falls Location First Trip Last Trip St. Catharines Terminal 7:55 a.m. 8:55 a.m. Every Hour 8:55 p.m. Fairview Mall 8:04 a.m. 9:04 a.m. Every Hour 9:04 p.m. NOTL Outlet Mall 8:19 a.m. 9:19 a.m. Every Hour 9:19 p.m. Niagara College 8:25 a.m. 9:25 a.m. Every Hour 9:25 p.m. Dorchester 8:40 a.m. 9:40 a.m. Every Hour 9:40 p.m. Morrison / Dorchester Hub 8:44 a.m. 9:44 a.m. Every Hour 9:44 p.m. Page 154 of 566 21 Routes 50 / 55 - St. Catharines – Niagara Falls Route 50: Niagara Falls to St. Catharines Location First Trip Last Trip Fri – Sat Last Trip Mon - Thurs Morrison / Dorchester Hub 7:05 a.m. Every Hour 8:05 p.m. 10:05 p.m. Dorchester / Thorold Stone 7:09 a.m. Every Hour 8:09 p.m. 10:09 p.m. Montrose / Thorold Stone 7:11 a.m. Every Hour 8:11 p.m. 10:11 p.m. Kalar / Thorold Stone 7:13 a.m. Every Hour 8:13 p.m. 10:13 Thorold Towpath / Pine 7:21 a.m. Every Hour 8:21 p.m. 10:21 East Academic 7:28 a.m. Every Hour 8:28 p.m. 10:28 Brock Tower 7:31 a.m. Every Hour 8:31 p.m. 10:31 Sir Isaac Brock / Region HQ 7:34 a.m. Every Hour 8:34 p.m. 10:34 Pen Centre 7:41 a.m. Every Hour 8:41 p.m. 10:41 St. Catharines Terminal 7:48 a.m. Every Hour 8:48 p.m. 10:48 Service is extended to 10:05 p.m. Mon-Thurs during Sept to April only (excluding Brock University’s Reading Week and Christmas Break) Page 155 of 566 22 Route 55: St. Catharines to Niagara Falls Location First Trip Last Trip Fri – Sat Last Trip Mon - Thurs St. Catharines Terminal 7:10 a.m. Every Hour 8:10 p.m. 10:10 p.m. Pen Centre 7:19 a.m. Every Hour 8:19 p.m. 10:19 p.m. East Academic 7:28 a.m. Every Hour 8:28 p.m. 10:28 p.m. Brock Tower 7:31 a.m. Every Hour 8:31 p.m. 10:31 p.m. Sir Isaac Brock / Region HQ 7:34 a.m. Every Hour 8:34 p.m. 10:34 p.m. Thorold Towpath / Pine 7:40 a.m. Every Hour 8:40 p.m. 10:40 p.m. Kalar / Thorold Stone 7:49 a.m. Every Hour 8:49 p.m. 10:49 p.m. Montrose / Thorold Stone 7:51 a.m. Every Hour 8:51 p.m. 10:51 p.m. Dorchester / Thorold Stone 7:53 a.m. Every Hour 8:53 p.m. 10:53 p.m. Morrison / Dorchester Hub 7:57 a.m. Every Hour 8:57 p.m. 10:57 Service is extended to 10:05 p.m. Mon-Thurs during Sept to April only (excluding Brock University’s Reading Week and Christmas Break) Page 156 of 566 23 Routes 60 / 65 - Niagara Falls - Welland Route 60: Niagara Falls to Welland Location First Trip Last Trip Morrison / Dorchester Hub 7:00 a.m. 8:00 a.m. Every Hour 8:00 p.m. Dorchester / Thorold Stone 7:05 a.m. 8:05 a.m. Every Hour 8:05 p.m. Montrose / Lundy’s Lane 7:10 a.m. 8:10 a.m. Every Hour 8:10 p.m. Niagara Square 7:22 a.m. 8:22 a.m. Every Hour 8:22 p.m. Minacs / Montrose 7:26 a.m. 8:26 a.m. Every Hour 8:26 p.m. Schisler / Montrose 7:31 a.m. 8:31 a.m. Every Hour 8:31 p.m. E. Main / Wellington 7:40 a.m. 8:40 a.m. Every Hour 8:40 p.m. Welland Terminal 7:45 a.m. 8:45 a.m. Every Hour 8:45 p.m. Route 65: Welland to Niagara Falls Location First Trip Last Trip Welland Terminal 7:00 a.m. 8:00 a.m. Every Hour 8:00 p.m. E. Main / Wellington 7:03 a.m. 8:03 a.m. Every Hour 8:03 p.m. Schisler / Montrose 7:12 a.m. 8:12 a.m. Every Hour 8:12 p.m. Minacs / Montrose 7:17 a.m. 8:17 a.m. Every Hour 8:17 p.m. Niagara Square 7:22 a.m. 8:22 a.m. Every Hour 8:22 p.m. Montrose / Lundy’s Lane 7:35 a.m. 8:35 a.m. Every Hour 8:35 p.m. Dorchester / Thorold Stone 7:40 a.m. 8:40 a.m. Every Hour 8:40 p.m. Morrison / Dorchester Hub 7:45 a.m. 8:45 a.m. Every Hour 8:45 p.m. Page 157 of 566 24 Routes 70 / 75 – St. Catharines - Welland Route 70: St. Catharines to Welland Location First Trip Last Trip St Catharines Terminal 7:05 a.m. 8:05 a.m. Every Hour 8:05 p.m. Pen Centre 7:14 a.m. 8:14 a.m. Every Hour 8:14 p.m. Glenridge / Brock University 7:19 a.m. 8:19 a.m. Every Hour 8:19 p.m. Sir Isaac Brock / Region HQ 7:20 a.m. 8:20 a.m. Every Hour 8:20 p.m. Merritt / Niagara 7:31 a.m. 8:31 a.m. Every Hour 8:31 p.m. Seaway Mall 7:37 a.m. 8:37 a.m. Every Hour 8:37 p.m. Welland Terminal 7:45 a.m. 8:45 a.m. Every Hour 8:45 p.m. Route 75: Welland to St. Catharines Location First Trip Last Trip Welland Terminal 7:10 a.m. 8:10 a.m. Every Hour 8:10 p.m. Seaway Mall 7:18 a.m. 8:18 a.m. Every Hour 8:18 p.m. Merritt / Niagara 7:24 a.m. 8:24 a.m. Every Hour 8:24 p.m. Glenridge / Brock University 7:34 a.m. 8:34 a.m. Every Hour 8:34 p.m. Sir Isaac Brock / Region HQ 7:35 a.m. 8:35 a.m. Every Hour 8:35 p.m. Pen Centre 7:41 a.m. 8:41 a.m. Every Hour 8:41 p.m. St Catharines Terminal 7:50 a.m. 8:50 a.m. Every Hour 8:50 p.m. Page 158 of 566 25 Port Colborne – Welland Link Port Colborne – Welland Link Location Time PC City Hall (depart) 7:15 a.m. 8:20 a.m. 12:05 p.m. 1:15 p.m. 5:10 p.m. 6:20 p.m. Ontario & Canal Bank 7:31 a.m. 8:36 a.m. 12:21 p.m. 1:31 p.m. 5:26 p.m. 6:36 p.m. Niagara College 7:40 a.m. 8:45 a.m. 12:30 p.m. 1:40 p.m. 5:35 p.m. 6:45 p.m. Seaway Mall 7:47 a.m. 8:52 a.m. 12:37 p.m. 1:47 p.m. 5:42 p.m. 6:52 p.m. Welland Terminal 7:54 a.m. 8:59 a.m. 12:44 p.m. 1:54 p.m. 5:49 p.m. 6:59 p.m. Ontario 7 King 8:00 a.m. 9:05 a.m. 12:50 p.m. 2:00 p.m. 5:55 p.m. 7:05 p.m. PC City hall (arrive) 8:20 a.m. 9:25 a.m. 1:10 p.m. 2:20 p.m. 6:15 p.m. 7:25 p.m. Page 159 of 566 26 Fort Erie – Niagara Falls Link Fort Erie – Niagara Falls Link (September to April) Location Time Morrison / Dorchester Hub Niagara Falls (depart) 6:25 a.m. 7:25 a.m. 11:25 a.m. 12:25 p.m. 4:10 p.m. 5:10 p.m. 6:10 p.m. Dorchester / Thorold Stone 6:30 a.m. 7:30 a.m. 11:30 a.m. 12:30 p.m. 4:15 p.m. 5:15 p.m. 6:15 p.m. Fort Erie Municipal Hub 6:55 a.m. 7:55 a.m. 11:55 a.m. 12:55 p.m. 4:40 p.m. 5:40 p.m. 6:40 p.m. Dorchester / Thorold Stone 7:20 a.m. 8:20 a.m. 12:20 p.m. 1:20 p.m. 5:05 p.m. 6:05 p.m. 7:05 p.m. Morrison / Dorchester Hub Niagara Falls (arrive) 7:25 a.m. 8:25 a.m. 12:25 p.m. 1:25 p.m. 5:10 p.m. 6:10 p.m. 7:10 p.m. Page 160 of 566 27 Appendix 3 to Schedule “A” IMT Annual Operating Budget (format) NRT Operators Route Operator Operating Hours Operating Cost Route 40 SCTC CNF Route 45 SCTC CNF Route 50 SCTC CNF Route 55 SCTC CNF Route 60 CNF CWL Route 65 CNF CWL Route 70 CWL SCTC Route 75 CWL SCTC Port Colborne Link CWL Fort Erie Link CNF Total Page 161 of 566 28 Schedule “B” Niagara Region Payment for Services and additional Niagara Region Obligations Payment for Services 1) Niagara Region shall pay each Transit Provider for Services it provides in accordance with the following rates calculated by Service Hours undertaken by each Transit Provider in accordance with this Agreement: Operation Rate Per Service Hour Term (2018) Route Rolling Stock Supplied by Niagara Region Rolling Stock Provided by Service Provider 50 / 55 $100 60 / 65 $100 70 / 75 $100 40 / 45 $100 $110 Port Colborne Feeder Link $100 $110 Fort Erie Feeder Link $100 $110 a) New routes instituted during the Term are to be charged on the basis of the applicable rates in the table above as amended from time to time. b) Operating rates set forth in the preceding table shall be adjusted annually commencing January 1, 2019 with the consent of all parties. Page 162 of 566 29 Schedule “C” Insurance The Service Provider (and each Transit Provider individually) shall purchase and maintain at all times during the term of this Agreement, or as otherwise set out in this Agreement, the insurance coverage listed below: 1) Commercial General Liability Insurance (“CGL”) CGL insurance insuring the Service Provider and covering all Services as described in the Agreement to a limit of not less than FIVE MILLION DOLLARS ($5,000,000) per occurrence. Coverage shall include but not limited to; a) bodily injury including death; b) property damage; c) contain a cross liability and severability of interest; d) blanket contractual; e) premises and operations; f) personal injury g) advertising injury; h) products and completed operations; i) owner’s and contractors protective; j) non-owned Automobile The CGL policy shall be endorsed to: a) include Niagara Region as an additional insured; and b) contain an undertaking by the insurers to give thirty (30) days prior written notice in the event that there is a material change in the foregoing policies or coverage affecting the Additional Insured(s) or cancellation of coverage before the expiration date of any of the foregoing policies. Page 163 of 566 30 2) Automobile Insurance (“OAP 1”) Standard Ontario Automobile Policy (OAP 1) Owner's form for the vehicles that will be owned by the Region but solely operated by the Service Providers. The coverages provided by this policy shall include the following: liability coverage to a limit of no less than $10,000,000 for bodily injury to, or death of others, or for damage to the property of others as a result of owning and operating the vehicles pursuant to the Agreement; accident Benefits Coverage as set out in the Statutory Accident Benefits Schedule of the Insurance Act (Ontario); Direct Compensation Property Damage as set out in the Direct Compensation Property Damage Schedule under the Insurance Act (Ontario); and All Perils coverage to include collision or upset, specified perils and comprehensive coverage; the Standard Ontario Automobile Policy (OAP 1) shall also be endorsed to include the following coverages: Ontario Policy Change Form 6F Public Passenger Vehicles to a limit of $10,000,000 for bodily injury to passengers and $5,000.00 for Passenger Property Damage; Ontario Policy Change Form 43 or equivalent replacement cost endorsement whereby the insurer shall agree to repair the vehicle with new part or replace the vehicles with no deduction for depreciation; The Region is to be endorsed onto the policy as a loss payee and an additional insured. 3) Standard OAP 4 Garage Auto Insurance Garage Automobile Insurance Standard OAP 4, subject to limits of not less than: Million ($5,000,000) inclusive per occurrence Coverage shall include but not limited to Third Party Liability, Accident Benefits, 4) Policy Requirements All policies of insurance shall: a) be written with an insurer licensed to do business in Ontario; b) be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to the Owner; Page 164 of 566 31 5) Certificates of Insurance Certificates of insurance originally signed by authorized insurance representatives shall be delivered to the Owner prior to the commencement of the Services, on a form of Certificate of Insurance which is acceptable to Niagara Region. The Certificate of Insurance must comply with these insurance requirements and must be on Niagara Region’s form of Certificate of Insurance, which can be found on Niagara Region’s website – www.niagararegion.ca/business/fpr/cert-insurance.aspx. If the Certificate of Insurance is provided in a non-original form (e.g. a facsimile, photocopy or scanned electronic copy), the Service Provider acknowledges and agrees that Niagara Region is fully entitled to treat any such Certificate as an original and that the Service Provider will be responsible for the accuracy and validity of the information contained therein. If required by Niagara Region, certified copies of all the above-mentioned policies shall be delivered to Niagara Region. All subsequent policy renewals and certificates of insurance thereafter, during the time that this Agreement is in force, shall be forwarded to Niagara Region within fifteen (15) days of their renewal date. Page 165 of 566 32 Schedule “D” MUTUAL COVENANTS 1) Niagara Region and Service Provider agree to share fare revenue in accordance with Appendix 1 to this Schedule “D”. 2) Niagara Region and Service Provider agree to work together to complete, by May 1st of each calendar year, an IMT Capital Budget and Forecast and by July 31 for the OIMT Operating Budget for the following year using the format attached as Appendix “1” to Schedule “E” for use by Niagara Region in its capital planning and approval process. 3) Niagara Region and Service Provider acknowledge that the contract for Services herein is not exclusive to the Service Provider and Niagara Region is entitled to enter into contracts for similar, related or supplemental transit services with such other potential providers as it considers appropriate including but not restricted to one or more individual Transit Provider to the exclusion of the other Transit Providers and/or private sector providers. Provided the right reserved herein does not grant Niagara Region the ability to permit other potential providers the right to use transit stops owned or under the jurisdiction of a Transit Provider without that Transit Provider’s express written consent. 4) Niagara Region and Service Providers agree to work co-operatively with a view to further enhancing inter-municipal and local transit service and the integration of same. Without limiting the forgoing Niagara Region and the Service Providers agree to: a) Identify and resolve enhancement of other revenues not currently identified by this Agreement including revenues from advertisements and community/business partnerships. b) Develop a protocol for the General Transit Feed Specifications feed development and feed data management with the route and schedule changes, recognizing the experience of the St. Catharines transit staff arising from its existing protocol for GTFS feed development. c) The parties agree to work toward a separate agreement for the data trip planner including the following elements: o Determine a single point of contact (host) for receiving data from municipal transit operators in Niagara and for upload to Google or Triplinx o Data Quality Assurance / Quality Control o Service Changes – transit feed update protocol Page 166 of 566 33 d) Develop a transit database recognizing the existing experience of Niagara Falls transit staff’s existing experience supporting data/ information requests related to the IMT service. The parties shall develop a transit database that will allow: o Uniform Transit Data format – to ensure uniformity in data capture and housing o Transit Data pooling – compile the transit data from the Service Providers into a data base. Option to add other municipal transit service data. o Queries/ data requests. e) Develop Inventory Tracking recognizing IMT fare-media inventory is currently maintained by SCT. The parties shall develop an operating procedure/ protocol for fare media handling. f) The parties shall continue to actively develop a customer service communication protocol that will include: o Call logs; o Action taken; o Holiday Operations/Hours o Promotional Events co-ordination; g) The parties, at a future date to be determined, shall develop: o a fleet inventory in line with the Public Sector Accounting Board asset management guidelines. Capital assets jointly funded shall be allocated between the funding partners, the modalities of the asset allocation shall be developed by the parties; o a disposal of surplus asset protocol for fleet and spare parts h) Service Provider shall bring forward to Niagara Region any identified deficiencies requiring remediation of the accessible transit stops on NRT Routes. 5) Service Provider and Niagara Region to participate actively in the Operator Co- ordination Committee as an aid to fulfilling the proceeding mutual covenants contained in this Schedule “D” and the following additional functions: a) overseeing the cooperative implementation of this Agreement and the Services; b) confirming, reviewing and, revising from time to time as the Committee deems appropriate, the routes, stops, times and fares for the Services; c) approving, or delegating responsibility for, all communication with respect to the Services; Page 167 of 566 34 d) developing, implementing and monitoring a series of performance indicators that will accurately measure the effectiveness and efficiency of the delivery of the Services based on, but not necessarily limited to, CUTA indicators; e) meeting on at least a biannual basis, as called for by the Chair, to review the Service Providers’ comprehensive reports for the previous half including information on ridership, revenue, and costs; f) facilitating and supporting biannual reporting regarding the status of the Project to the Region’s Public Works Committee; g) facilitating the timely communication between the Region and the Service Providers; h) providing any reasonable assistance or information to enable the Service Providers to evaluate and improve the Services; and i) performing such other cooperative and coordinating functions in support of the timely and efficient delivery of the Services. 6) All parties shall keep the Councils of their respective municipalities informed as to the status of the IMT not less than once per year and at such other times as may be recommended by the IMT Co-ordination Committee. 7) DISPUTE RESOLUTION a) All Parties hereby commit to make sincere efforts to resolve any disagreements between them promptly, at the lowest possible level of authority and consistent with their respective rights and responsibilities and the objectives of this Agreement. However, if the Parties cannot resolve matters in difference between them, that matter shall be referred to, firstly, the Chief Administrative Officers of each Transit Provider (or equivalent for the St. Catharines Transit Commission) and that of the Region for discussion and resolution. If the Chief Administrative Officers are unable to resolve the matters in dispute, they shall be referred to the arbitration of a single arbitrator, if the Parties agree upon one; otherwise to three arbitrators, one to be appointed by the Service Providers and one to the appointed by the Region, and the third to be chosen by the first two arbitrators before they enter upon the business of arbitration. Subject to section 7 b) of this Schedule “D”, the award and determination of the arbitrator or arbitrators, or any two of the three arbitrators, including any determination as to the responsibility for payment of the costs of the arbitration, shall be binding upon the Parties and their respective heirs, executors, administrators, successors Page 168 of 566 35 and assigns. The provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 shall apply to this arbitration. For these purposes, “matters in difference” shall include matters which the Parties have not resolved within thirty (30) days following delivery by one party to the remaining Parties of notice in writing of an issue arising in connection with this Agreement. b) Provided nothing contained in this Schedule “D” shall limit the right of any party to terminate this Agreement in accordance with section 2.4 of the Agreement. In the event any party has exercised its right to terminate the time and expense of the contemplated arbitration shall not proceed without the consent of the party exercising the right to terminate (provided arbitration expenses incurred to the date of notice of termination shall be paid equally between the parties to the arbitration) . In addition notwithstanding the binding nature of the arbitration contemplated by section 7 b) of this Schedule “D”, no decision of the arbitrator shall limit each parties rights under section 2.4 of the Agreement. Page 169 of 566 36 Appendix 1 to Schedule “D” IMT Fare Revenue Sharing Price Fare Sharing Transit operator for recorded transfer between Transit Systems Niagara Region Cash Fares Adult $6 $2 $4 Senior $5 $2 $3 Monthly Pass Adult $160 15% each to SC, NF, WL 55% Senior $130 15% each to SC, NF, WL 55% 10 Ride Pass Adult $45 15% each to SC, NF, WL 55% Senior $40 15% each to SC, NF, WL 55% 2 Ride Cards Per Ride Adult $12 $2 $4 Senior $10 $2 $3 Fort Erie Link Fare $3.50 $1.75 $1.75 Port Colborne Link Fare $3.50 $1.75 $1.75 In case of transfers between three systems the revenue shall be shared as e.g.: NF Transit/ NRT/ SC Transit $2/ $2/ $2 WL Transit/ NRT/ SC Transit $2/ $2/ $2 NF Transit/ NRT/ WL Transit $2/ $2/ $2 Other Revenue Sharing Advertising Partnerships Page 170 of 566 37 Schedule “E” Additional Niagara Region Responsibilities 1) During the Term of this Agreement, Niagara Region shall: a) Plan Capital and seek funding approval from Niagara Regional Council for the purchase of new accessible transit vehicles based on the Inter-municipal Transit Capital Plan identified in Appendix 1 to this Schedule “E” for use by the Service Providers in accordance with the terms of this Agreement; b) Plan Budgets for and seeking funding approval from Niagara Regional Council to fund Eligible Capital Costs; c) determine the fares, routes, levels of service, location of transit vehicle stops and scheduling for the extended transit service in consultation with the Service Providers and provide up to one hundred and twenty days (120) days prior written notice of changes to such fares, routes or scheduling; d) take care in introducing fares including but not restricted Affordable Transit Passes that the chosen fares or payment arrangement do not adversely affect the competitiveness of local fares charged by the Transit Providers. e) perform locates for any new stops on Regional roads and otherwise assist the Service Providers when changing, removing or adding stops, and shelters. f) satisfy all valid invoices issued by the Service Providers within thirty (30) days of receipt; g) report regarding the status of the service to the Linking Niagara Transit Committee (LNTC) and as required to the Region’s Public Works Committee; h) comply with the Services Providers’ reasonable requests arising from the provision of these Services; i) provide any reasonable assistance or information to enable the Service Providers to evaluate and improve the transit services; and j) provide such other ancillary services as may be reasonably requested by the Service Providers. 2) Niagara Region, in preparation of both its Capital Budget and Operating Budget shall be guided by the Niagara Transit Service Delivery and Governance Strategy Report, 2017 recommendations to bring the inter-municipal transit services to the recommended 2019 service levels (Dillon Report, 2017). Niagara Region shall further give due consideration to the recommendations of the LNTC; the Inter- Page 171 of 566 38 Municipal Transit Working Group (IMTWG) and Service Providers through the input of the Inter-Municipal Transit Coordination Committee; 3) The Implementation by Niagara Region of capital upgrades during this agreement to be coordinated with the Service Providers. 4) Provided notwithstanding the forgoing guiding principles and notwithstanding any other provision of this Agreement, the approval of budgeting both on an operating level and for capital expenditures is solely the responsibility and right of Niagara Region and save for the obligation to pay the rates set forth in section 1 of this Schedule “B” for Services actually requested by Niagara Region and completed by Service Provider, Niagara Region has no obligation to make any minimum payment, schedule any minimum level of Services or budget any minimum amount for capital or operations. 5) Eligible Capital Costs for the purpose of this Schedule “E” shall include but not be restricted to:’ a) Any major bus/ transit vehicle component the replacement of which shall add life to the bus/ vehicle b) Transit Fleet c) Fare and data collection/ integration systems and equipment – fare-boxes, fare readers, and back-end systems d) Onboard equipment such as CAD/AVL communication systems, Video systems, Automated Passenger counters e) Bike racks f) Radio and/ or communication equipment, including the back end systems and architectures g) Information technology hardware and software (Transit Service Planning and Scheduling softwares, Customer Service) h) Passenger amenities, pads and shelters (related to the inter-municipal transit service) i) Any off board signage related to the Accessibility for Ontarians with Disabilities Act improvements Page 172 of 566 39 Appendix 1 to Schedule “E” IMT 2018 Capital Budget and Forecast Prior Approved 2018 Budget* Forecast 2019 2020 2021 2022 2023 Rolling Stock Fare System Technology Passenger Amenities (transit shelter, pads, etc.) CAD / AVL Bike Racks Video Cameras Other Capital Equipment Total *Subject to Regional Council approval Major Annual Maintenance Budget and Forecast Transit Operator Bus # Item Description Budget 2018 Forecast 2019 2020 2021 to 2023 Page 173 of 566 Service Provider Agreement Sole Source Equivalent-Generic 2016-08-05 – [Transit Provider] Page 40 of 42 Schedule “F” Transit Vehicle Ownership 1) The Parties acknowledge that ownership of the transit vehicles used by the Service Provider to provide the Service Hours shall form one of several potential categories and that the mix and categories may change over time. 2) The categories of ownership shall include but not be restricted to: a) Vehicles in the name of the Transit Providers but funded by Niagara Region and subject to Niagara Region’s residual rights related to the value remaining on termination pursuant to the Pilot Project Agreement which vehicles will continue to be used by the each Transit Provider to provide Service Hours in accordance with this Agreement (the “Pilot Vehicles”); b) New vehicles purchased, as Niagara Region’s capital budget permits, in the name of the Transit Providers but funded by Niagara Region on terms similar to the initial purchases for the Pilot Project Agreement; c) New vehicles purchased, as Niagara Region’s capital budget permits, in the name of Niagara Region; and d) Vehicles owned legally and beneficially by the Transit Providers and incurring a different rate per Service Hour than Niagara Region funded vehicles as set forth in Schedule “B”. 3) In all circumstances the Service Provider will have operational and service obligations as more particularly described in Schedule “A”, regardless of beneficial ownership of the vehicles. 4) Any vehicle funded by Niagara Region (whether arising from the Pilot Project or new vehicles) and which is registered in the name of a Transit Provider shall be subject to the following treatment upon termination of this Agreement: a) If the termination is with the Service Provider as a collective group or with one or more Transit Providers, Niagara Region shall have the option to: o Direct the Service Provider or Transit Provider as applicable to transfer any one or more vehicles then registered in the name of a Transit Provider to Niagara Region and thereafter Niagara Region shall undertake such uses with the vehicle as it considers appropriate; o Direct the Service Provider to transfer any one or more vehicles then registered in the name of a Transit Provider to such other entity as Niagara Region may direct in writing; Page 174 of 566 Service Provider Agreement Sole Source Equivalent-Generic 2016-08-05 – [Transit Provider] Page 41 of 42 o Offer one or more such vehicles firstly to the Transit Provider having registered title to the vehicle at a price and on terms agreeable to Niagara Region and the Transit Provider; o Should Niagara Region not want to receive a transfer of ownership in its name and the Transit Provider having registered title declines to purchase same, offer the vehicle in question to the remaining Transit Providers on terms agreeable to Niagara Region and the Transit Provider in question o In the event neither Niagara Region and no Transit Provider wishes to continue to use any such vehicles direct the sale of the vehicle on the open market and Niagara Region and the Transit Provider having registered title, shall work co-operatively to sell the vehicle for the best available price acceptable to Niagara Region and all proceeds of such sale, after deduction of sale expenses shall be paid to Niagara Region on closing. Provided that in the absence of written consent of both Niagara Region and the Transit Provider having registered ownership to extend the sale period, if the sale contemplated by this subparagraph is not complete within ninety days following Niagara Region’s direction to sell, ownership of the vehicle shall be transferred to Niagara Region for $1.00. b) Niagara Region shall not be required to treat all vehicles in the same manner and it is specifically contemplated that the decision on treatment is expected to vary based on the age and condition of each vehicle and current needs of the inter-municipal transit operation. 5) Service Provider and Niagara Region specifically agree that the transit vehicles currently in use pursuant to the Pilot Project Agreement shall, upon termination of the Pilot Project Agreement, be used by the Service Provider for the provision of Service pursuant to this Agreement. 6) Niagara Region and Service Provider acknowledge that other transit services have varying methods of dealing with the split between ownership and maintenance, particularly as relates to the process for the purchase of new transit vehicles. Specifically St. Catharines Transit has brought to the attention of the other parties the methodology used in York which is summarized, as an example only, as follows: a) The Region of York is responsible for the following: o Processing the original administrative paperwork once the new bus is received o Ensuring all licensing and stickers are up to date. o Working with the MTO to ensure all vehicles are licensed, e-tested and stickered at the end of the year o Informing our contractors on the vehicles requiring an e-test o Processing and disposing the license plates, stickers and ownerships when the vehicle is retired. Page 175 of 566 Service Provider Agreement Sole Source Equivalent-Generic 2016-08-05 – [Transit Provider] Page 42 of 42 b) York’s contractors are responsible for the following: o Acquiring and maintaining in good compliance an MTO inspection and certification station o Acquiring and maintaining in good compliance a CVOR registration certificate o Ensuring their CVOR number is decaled on the side window of the bus o Completing clean air emissions test as required by the MTO, they send the Region a list annually, and are responsible to complete the associated repairs if the bus fails the test. These are done in the late fall and the Region receives the certificates. 7) As new vehicle purchases are recommended, Niagara Region and Service Provider shall work co-operatively and in good faith to determine the best method of proceeding with such purchases. Page 176 of 566 Teresa Fabbro From:BillMatson Sent:Tuesday,May 01,2018 9:14 AM To:Teresa Fabbro Subject:FW:Dreams to Beams Humanitarian Fundraiser Let's add this to Communications for May 8”‘. From:Victor Pietrangeio Sent:Monday,April 30,2018 9:39 PM To:BiiiMatson Cc:Jim Norgate Subject:Re:Dreams to Beams Humanitarian Fundraiser Hi Bill. Hope all is weil. Not sure if this fundraiser made it into our handouts last meeting but I was wondering if it could be praced our agenda for next Tuesday. The fundraiser is on_May 16th so next meeting wouid be our last opportunity. Thanks Bill. Vic Sent from my iPad On Apr 17,2018,at 4:32 PM,BillMatson <biIImatson@niagarafalls.ca>wrote: We will make sure to add that on the agenda later this week. Bil! From:Victor Pietrangelo sent:zuesaay,Apm 1/,¢’_U16 4:44 I-’lVl To:BiilMatson Cc:Jim Norgate Subject:Fwd:Dreams to Beams Humanitarian Fundraiser Hi Bill. The emaii below has a linkto an upcoming fundraiser for Dreams to Beams. Could you piease have the advertisement (from the link)listed under our Communications or provide this as a handout to Council for next Tuesday's meeting? Page 177 of 566 As well,I've keyed in the organizer,Jim Norgate,in case there are any questions/concerns. Thanks Bill. Vic Sent from my iPad Begin forwarded message: From:James Norgate <inorgate@niagaracollege.ca> April 10,at 3:09:18 To:"vgietrange|o@niagarafails.ca"<vgietrange|o@niagarafa[|s.ca> Cc:James Norgate <inorgate@niagaracoEiege.ca> Subject:Dreams to Beams Humanitarian Fundraiser HiVictor, Here is the information we spoke about. Any support you could manage would be great. httgg/wwwdreamstobeams.org/humanitarian—fundraiser.htmE Thank you, Jim Page 178 of 566 HUMANITARIAN FUNDRAISER Page 1 of 1 DREAMSTl]BEAMS HUMANITARIAN FUNDRAISER WEDNESDAYMAY16TH/2018 CADMITONENo.00E5 VALIDFORANINDIVIDUALTWUTIJPPINGPIZZA ANDBEVERAGEORSELECTPASTADISHE :|.....'. 'f!R|NF.S INCLUE-EC:MEENC‘Hv.‘4:{I{||1|3I.lC ‘mmmyew FOR YOUR SUPPORT drecxmstobeamaorg Nobody Wins Until Evergbodg Wins http://www.dreamstobeams.0rg/humanitarian-?mdraiser.html 05/02/Z0 13 Page 179 of 566 City of Niagara Falls Municipal Proclamation W HEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Ontario; and, W HEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees from provincial and municipal governments and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, public parks, cemeteries, and other structures and facilities essential for our citizens; and, W HEREAS, it is in the public interest for the citizens, civic leaders and children in Canada to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities, W HEREAS, the year 2018 marks the 58th annual National Public Works Week sponsored by the Canadian Public Works Association and the American Public Works Association be it now, RESOLVED, We, the Mayor and Council of Niagara Falls do hereby designate the week May 20 - 26, 2018 as National Public Works Week; I urge all our people to join with representatives of the Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Municipality to be affixed, DONE at the City of Niagara Falls, Ontario, this 8th day of May 2018. ____________________ Mayor James M. Diodati Page 180 of 566 1 Teresa Fabbro From:Bill Matson Sent:Thursday, April 26, 2018 10:45 AM To:Teresa Fabbro Subject:FW: Canadian Blood Services is asking the City of Niagara Falls to join #MissingType Attachments:Missing Type 2018 Customizable- City of Niagara Falls.pptx Communication to Declare June 11-17 as National Blood Donor Week in NF From: Kristine Elia Sent: Sunday, April 08, 2018 12:58 PM To: 'Tammy Maroudas' Cc: Bill Matson; Teresa Fabbro; Dale Morton; Teresa Simmonds Subject: RE: Canadian Blood Services is asking the City of Niagara Falls to join #MissingType Good Afternoon Tammy: Thank you for your email to our CAO, Ken Todd, I am including our City Clerk, Bill Matson with regard to Niagara Falls declaring June 11- 17 as National Blood Donor Week in the City of Niagara Falls, as well as our Communications Team. Many thanks for providing Niagara Falls with this information. Kind regards, Kristine Elia Executive Secretary Office of the Mayor and CAO City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521 ext 4205 Fax 905-374-3557 kelia@niagarafalls.ca See more of Jim at: From: Tammy Maroudas [mailto:Tammy.Maroudas@blood.ca] Sent: Thursday, March 22, 2018 10:15 PM To: Ken Todd Subject: Canadian Blood Services is asking the City of Niagara Fallsto join #MissingType Hello, I am reaching out to the City of Niagara Falls to see if you would like to join our #MissingType event we have going on in June. Please pass this along to your marketing and communications team. Page 181 of 566 2 Regards T Canadian Blood Services is asking the City of Niagara Fallsto join #MissingType A global awareness campaign involving more than 22 countries. National Blood Donor Week June 11 – 17, 2018 Please take a look at the attached power point information and let me know if you can join us! *Please note that the modified City logo is only utilized as an example and that your marketing department would produce the final version if you decide to join.* Tammy Maroudas, Territory Manager Canadian Blood Services (289) 929-5596 (cell) Get the GiveBlood App (App Store & Google Play) Connect with us: Page 182 of 566 Pride Niagara, Based on a platform of acceptance, providing information and social activities for the Niagara Region since 2010. Page 183 of 566 Page 184 of 566 April 13, 2018 CL 5-2018, April 12, 2018 CSC 5-2018, April 4, 2018 Report CSD 18-2018 LOCAL AREA MUNICIPAL COUNCILS SENT ELECTRONICALLY 2018 Property Tax Policy, Ratios and Rates CSD 18-2018 Regional Council, at its meeting of April 12, 2018,approved the following recommendation of its Corporate Services Committee: That Report CSD 18-2018, dated April 4, 2018, respecting 2018 Property Tax Policy, Ratios and Rates BE RECEIVED and the following recommendations BE APPROVED: 1.That to establish tax ratios and tax reductions for the 2018 taxation year, Council APPROVE Option A: Option B reducing both the multi-residential and commercial ratios to 1.97 and 1.7349, respectively. Property Classification Tax Ratio Sub-Class Reduction Residential 1.000000 New Multi-Residential 1.000000 Multi-Residential 1.970000 Commercial 1.734900 Commercial Excess Land 1.734900 30% Commercial Vacant Land 1.734900 30% Industrial 2.630000 Industrial Excess Land 2.630000 30% Industrial Vacant Land 2.630000 30% Pipeline 1.702100 Farmland 0.250000 Managed Forest 0.250000 Farmland Awaiting Development 1 1.000000 25% Farmland Awaiting Development 2 Class Ratio Landfill Sites 2.940261 Page 185 of 566 2018 Property Tax Policy, Ratios and Rates April 4, 2018 Page 2 2.That the 2018 tax capping program reflecting the following criteria BE APPROVED: a.An annual cap BE SET at the greater of: i. annualized tax, or ii.An amount representing an increase of 10% of the Current Value Assessment (CVA) tax. b.That, following the application of the capping program, all increasing properties within $500 threshold and decreasing properties within $50 threshold of the CVA taxes BE MOVED directly to CVA taxation. c.Properties at CVA tax in 2017 BE EXCLUDED from the capping program. d.Properties that would cross over CVA tax in 2018 BE EXCLUDED from the capping program. 3.That the phase-out of the capping program over four years for Industrial property class with 2018 being year three of the four years, BE ADOPTED. 4.THAT the phase-out of capping program over four years for the Commercial property class with 2018 being year two of the four year, BE ADOPTED. 5.That the option to limit capping protection only to reassessment-related changes prior to 2018 BE ADOPTED. 6.That the 2017 capping program BE FUNDED by claw back from within respective classes pursuant to section 330 of the Municipal Act. 7.That the Region BE DIRECTED to act as a banker, under section 330(6) of the Municipal Act for the 2018 municipal tax adjustments. 8.That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration. 9.That this report BE APPROVED and CIRCULATED to the Councils of the local area municipalities for information. Page 186 of 566 2018 Property Tax Policy, Ratios and Rates April 4, 2018 Page 3 A copy of Report CSD 18-2018 and the associated by-laws (2018-37; 2018-38 and 2018-39) may be found package on April 12,at the following link: https://www.niagararegion.ca/government/council/minutes/ Yours truly, Ann-Marie Norio Acting Regional Clerk :mjt CLK-C 2018-58 cc:H. Chamberlain, Acting Commissioner, Enterprise Resource Management Services (ERMS) M. Montague, Executive Assistant to the Commissioner, ERMS Page 187 of 566 Legal and Clerks Services Office of the City Clerk Phone: 905.688.5600 PO Box 3012, 50 Church Street Fax:905.682.3631 St. Catharines, ON L2R 7C2 TTY: 905.688.4TTY (4889) April 19, 2018 Ann-Marie Norio, Deputy Regional Clerk Sent electronically via email to Office of the Regional Clerk ann-marie.norio@niagararegion.ca Niagara Region 1815 Sir Isaac Brock Way PO Box 1042 Thorold ON L2V 4T7 For the Attention of the Regional Chair and Members of Regional Council Re: Support Resolution -Safe Drinking Water Training, CL 3-2018, March 1, 2018 Our File No. 35.23.28 Please be advised that the Council of the City of St. Catharines, at its meeting held on March 19, 2018, was provided your resolution of Regional Council regarding the above- noted matter. The Mayor and Members of Council endorsed your resolution, which reads: “WHEREAS the Safe Drinking Water Act’s Standard of Care Training was made available to Regional Councillors on November 28, 2017 as part of Ontario’s Safe Drinking Water Act; WHEREAS the material provided as part of the November 28, 2017 training indicated on page 26 that causes of the Walkerton Outbreak include “no Ministry of Environment Inspections in the 1980s” and the misapplication of chlorine to disinfect the water; WHEREAS the Walkerton Report highlighted the Ministry of Environment’s failure over many years to ensure water operator training, certification, and provincial inspection requirements were adequate to ensure a safe, high quality drinking water system; WHEREAS notwithstanding the significant increases in mandatory training, certification and inspection requirements implemented since the Walkerton Report, municipal councillors are not required to undertake the Standard of Care –Safe Drinking Water Act training Course; and WHEREAS the November 23, 2017 presentation to Public Works Committee by the Walkerton Clean Water Centre outlined that "Municipal Officials and Councillors have a direct responsibility for ensuring safe, high quality drinking water". Page 188 of 566 NOW THEREFORE BE IT RESOLVED: That Niagara Regional Council REAFFIRM its commitment to maintaining a safe and high quality drinking water system; That Niagara Region REQUESTS the Government of Ontario strengthen protections to maintain a safe drinking water system by requiring mandatory water training for elected municipal officials; That Niagara Region REQUIRES Regional Councillors to undertake mandatory training each term on safe drinking water; and That this resolution BE CIRCULATED to local area municipalities, local area Members of Provincial Parliament, the Ontario Minister of Environment, and the Premier of Ontario.” If you have any questions or concerns, please feel free to contact me at ext. 1506. Bonnie Nistico-Dunk, City Clerk cc The Honourable Kathleen Wynne, Premier of Ontario –premier@ontario.ca Chris Ballard, Minister of Environment and Climate Change, minister.moecc@ontario.ca Local Area Members of Provincial Parliament Local Area Municipalities Page 189 of 566 %l| IIlI‘lI| ll \\’/hen"ShipsClimbTheMaunLai7L.. April 19,2018 The Honourable Kathleen Wynne Premier of Ontario Legislative Building Queen’s Park Toronto,ON M7A 1A1 premier@ontario.ca Dear Premier: Re:City of Thorold Resolution ~Request Government of Ontario to Grant Municipalities the Authority regarding Approval of Landfill Projects in or Adjacent to their Municipality Please be advised Thorold City Council,at its April 17,2018 meeting,adopted the following resolution: Whereas municipal governments in Ontario do not have the right to approve landfill projects in their communities,but have authority for making decisions on all other types of development;and Whereas this outdated policy allows private landfill operators to consult with local residents and municipal Councils,but essentially ignore them;and Whereas municipalities already have exclusive rights for approving casinos and nuclear waste facilities within their communities,and further that the province has recognized the value of municipal approval for the siting of power generation facilities;and Whereas the recent report from Ontario's Environmental Commissioner has found that Ontario has a garbage problem,particularly from Industrial,Commercial and Institutional (lCll and Whereas municipalities across Ontario are quietly being identified and targeted as potential landfill sites;and city at T|lDI'(IIII P.?.Box1044,3540 schmunParkway,Ilmrnlil,Ontario12v 4A7 www.!ImrulII.t:nm Tel:905-227-3613 Page 190 of 566 Page 2 Municipalities Right to Approve or Reject Landfill Projects Whereas municipalities should be considered experts in waste management,as they are responsible for this within their own communities,and often have decades’worth of in-house expertise in managing waste,recycling,and diversion programs;and Whereas municipalities should have the right to approve or reject these projects,and assess whether the potential economic benefits are of sufficient value to offset any negative impacts and environmental concerns. Now therefore be it resolved that the City of Thorold supports Bill 16,Respecting Municipal Authority Over Landfilling Sites Act introduced by MPP Ernie Hardeman and calls upon the Government of Ontario,and all political parties,to formally grant municipalities the authority to approve landfill projects in or adjacent to their communities;and Further that the City of Thorold send copies of this resolution to MPP Ernie Hardeman, Region of Niagara and area municipalities. CARRIED Yours truly, D 'D§;L}vkQ_Lc;t\;o Donna Delvecchio, City Clerk DD:cd ec:M.Dilwaria,Chief Administrative Officer Ernie Hardeman,MPP,Oxford Region of Niagara Local Area Municipalities Page 191 of 566 Of?ce of the City Clerk City Managefs Of?ce City of Hamilton 71 Main 31.w.,1*‘Floor Hamilton,Ontario, Canada LBP4Y5 www.hami|lon.ca March 13,2018 Association of Municipalities of Ontario (AMO) 200 University Avenue,Suite 801 Toronto,ON M5H 3C6 Rural Ontario Municipai Association .. H ,_§"§&?'.»EHlEl[Ii LUU Ul|lVU|§|ly HVUIIUC,OUILU OUU """Wm Toronto,ON M5H 3C6 MM2 Q mg Ontario Municipalities amIjFTH?m?Li3$LE??'s?Em"I%§*z'ra: Dear Sir/Madame, auvn sunny:nag nuavunvwn n IIJIJVI I.’In\I II'lBllll\ll'l(AllI.!\rIJ At its meeting of February 28,2018,Hamilton City Council endorsed The Town of Essex's resolution regarding the above matter,as follows: That when schools boards make decisions to close schools that they have to offer the building to the local municipality for a dollar. Yours truly, Janet Piion,CMMIII,DPA,CMO Manager,Legislative Services/Deputy Cferk cc Robert Auger C|erk,Lega|and Legislative Services Town of Essex File:013-003 (5.5) Page 192 of 566 Department of Corporate Services 1593 Four Mile Creek Road P.O. BOX 100, Virgil, ON L0S 1T0 905-468-3266 FAX: 905-468-2959 www.notl.org April 19, 2018 Ministry of Tourism, Culture and Sport Hearst Block, 9th Floor 900 Bay Street Toronto, ON M7A 2E1 ATTN: Hon.Daiene Vernile -Minister of Tourism, Culture and Sport RE: Funding for Local Public Libraries Please be advised the Council of The Corporation of the Town of Niagara-on-the-Lake, at its regular meeting held on April 16, 2018, adopted the following resolution: WHEREAS: public libraries act as community hubs providing safe, inclusive spaces where everyone is welcome to learn, work, connect, create and collaborate; AND WHEREAS the Niagara-on-the-Lake Public Library actively partners with the community to deliver valued services and contributes to a culture of social good by sharing knowledge and resources; AND WHEREAS the Niagara-on-the-Lake Public Library continues to manage public resources with the utmost care and continually seeks funding opportunities through donations, sponsorships and grants in order to expand and enhance service beyond the level possible with core funding; AND WHEREAS the Niagara-on-the-Lake Public Library continues to deliver collections, programs and services that support provincial initiatives such as poverty reduction, lifelong learning, skill development, local economic development, h ealth literacy, equitable access to provincial government online services and reconciliation with indigenous peoples. THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake (Council) urges the Province of Ontario to recognize the contribution of local libraries within their communities and to cease the 20 year budget freeze to local public libraries in an acknowledgement of the services they offer to all residents; AND FURTHER that the Council urges the Province of Ontario to reinstate adequate and appropriate funding for local public libraries, increasing each year going forward in line with the consumer price index; Page 193 of 566 Department of Corporate Services 1593 Four Mile Creek Road P.O. BOX 100, Virgil, ON L0S 1T0 905-468-3266 FAX: 905-468-2959 www.notl.org AND FURTHER that a copy of this resolution be sent to the Minister of Tourism, Culture and Sport, to the Ontario Minister of Municipal Affairs, to local MPPs, to the Association of Municipalities Ontario, to the Ontario Library Association, to the Federation of Ontario Public Libraries, to the Region of Niagara and to local area municipalities. The Council of the Town of Niagara-on-the-Lake respectfully requests your favourable consideration and support of this matter. Yours sincerely, Peter Todd, Town Clerk Copy:The Hon. Wayne Gates MPP Minister of Municipal Affairs and Housing AMO Ontario Library Association Federation of Ontario Public Libraries Niagara Region and Local Area Municipalities Page 194 of 566 M Page 195 of 566 Teresa Fabbro From:Mike Sporar <niagarasummerdaze@out|ook.com > Sent:Wednesday,May ()2,2018 '/:19 AM To:Teresa Fabbro Subject:Re:SUMMER DAZE BBQCLASSICCOMPETITION Thats great Teresa,Thanks for your help lVIlI\C 1712:;/:4 M .:Jw’??E£:‘K»“«,rV/;’.*'f&\‘=7.'TV47'!:.'.~‘F<¢'/7:‘7~£\“.E7 '‘ I\/likeSporar /Chad James/ChrisRatelle Summer Daze BBQClassic,Niagara Falls www.facebook.com/sdvniagarafalls From:Teresa Fabbro <tfabbro@niagarafai|s.ca> Sent:Tuesday,May 1,2018 6:14:28 AM To:‘Mike Sporar';BIIIMatson Subject:RE:SUMMER DAZE BBQ CLASSICCOMPETITION Good morning Mike, We have received your correspondence and it will be included on the May 8“agenda. I willfollow up with you after the meeting. Have a great day! Teresa fmailto:niaaaraslImmerda7e@out|0ok.coml §Jr{é§'s1jHJa§fK.§r'n"2'éf'iEJ'1’é3:47pm” To:BillMatson;Teresa Fabbro Subject:SUMMERDAZE BBQCLASSICCOMPETITION -_-1----------——~..--—--—-—------J Hello Billand Teresa, Attached is a letter that we have done up for City Council Please let me know if I need to change anything or if you have any additional questions.Below is my personal cell number Thanks again, Mike Sporar 4 www.faceboo|<.com/sdvniagarafalls Page 196 of 566 April 29,2018 Re:Summer Daze BBQClassic Dear Members of Council On July 13"‘,14"‘and 15"‘2018 we will be hosting the First AnnualSummer Daze BBQClassic Competition at Fireman's park in Niagara Falls.We are expecting 20+Pit Master teams to compete in this KCBS(Kansas City BBQSociety)sanctioned Master Series Competition.Currentiy we have booked teams from Florida,Alberta,NYState,and across Ontario.in addition to the BBQcompetition we want to create a great family event that will include a KidZone that we have paired up with Niagara Inflatables to headline.We are working with RickRose from the Niagara institute of Music to heip provide a venue for some up and coming young artists in the Region to help us with our Five entertainment.We have reached out across the Niagara region to also attract as many local venclors to add a great shopping dynamic to the event.Our main goal is to try and raise money for a couple local charities,Project Share and Big Brother and Sister of Niagara in addition to bringing a unique event that has never been seen in the entire Niagara region. We are asking for council's assistance on a few items: Reliefon the local Noise Bylaw —We are planning live entertainment until 11pm each night at the Park The waiving of any licensing/permit fees that may be needed for an event of this type. Any opportunity to promote this new event on the city website Bannerlslon the fencing around Oaks Park. Help with NRPfor our event (if needed) Bv~E_aw throughout night....,.._.........._.__..._,._........_-._.--_.,_,,,,l,_,,,,,,U V U the competition Thank you for taking the time to help us with our event,If council requires any more information about the event please do not hesitate to contact us Mike Sporar,Chad James,and Chris Ratelle niagarasummerdaze@outlook.com www.facebookcom/sdvniagarafalls Page 197 of 566 1 Teresa Fabbro From:Gittins, Crane <Crane.Gittins@dsbn.org> Sent:Wednesday, May 02, 2018 1:47 PM To:Teresa Fabbro Subject:A.N. Myer permit request Theresa Many thanks for your help with this issue. A.N. Myer would like to apply to the City of Niagara Falls to host a food truck event at the school on Thursday, May 24, 2018. We would also like to respectfully request that the City consider waiving the permit fees for this event. If you need any further information please feel free to email or call me. Thanks again for your help. CG Crane Gittins Vice-Principal A. N. Myer Secondary School 6338 O'Neil St., Niagara Falls, Ontario, L2J 1M7 Phone: 905-358-5753 Email: crane.gittins@dsbn.org Board website: dsbn.org Achieving Success Together Page 198 of 566 Teresa Fabbro From:BillMatson Sent:Wednesday,May 02,2018 5:03 PM To:Teresa Fabbro Cc:Todd Harrison;Ken Todd Subject:FW:Lundy's Lane BIA 2018 Budget Attachments:LLBIA2018 Budget —Final ~April 23.xlsx;Lundy's Lane BIA Board of Director's Changes Teresa, Could you please add this under Clerks Communications.This just came in today. Lundy’s Lane BlA—requesting approval of their 2018 budget and approval of changes to their Board of Director's. RECOMMENDATION:For the Approval of Council. Bill From:David Jovanovic [mailto:davidjovanovic.|lbia@gmai|.com] Sent:Wednesday,May 02,2018 1:54 PM To:BillMatson Subject:Lundy's Lane BIA 2018 Budget Hi Bill, Please ?nd attached the 2018 LLBIA Budget as approved by the LLBIA Board of Directors on April 24, 2018.Final audited year end documents will be forward by the end of May,2018. Best Regards, David Jovanovic Project Administrator Lundy's Lane BIA PO Box 26008,Lundy's RPO Niagara Falls,Ontario L2G 7K2 1e1:‘IUD 4U]514/ email:david.'ovzmovic.llbia(a3gmai|.com Visit us at:www.[undysIane.com Discover us at:www.facebook.com/LundysLaneNiagaraFalls Follow us at:www.twitter‘com/LundysLaneNF Engage with us at:wwwinstag ram.com/lundyslaneniagarafh|ls/ Page 199 of 566 mS~oo.mE.SH8.89moo.o8~m~oo.o3.~oodmmaoo.8o.moo.ooo.oH8.084oo.mmm~m8.80.3oo.ooo.oHoo.o8.«oo.o8.moo.ooo.m_E 8.oom.Z oo.m:_E~ 8.oom.H oo.m$.Nm~ 8.83 oo.m$.om~ ummuzm ?ow BEN28mmmmmwmoo.$m\oS-oo.ooo.moo.§m.N~8.08.3oo.oE.~oo.oE-oo.om~\Noodwma oo.8m.2oo?m? $.m8.moo.ooo.m -oo.ooo.m o?wmoqoodmn oo.mmm.mooowmd .oqoood? mo.m$.~oqoood? o~.mR.<oodmme oq.oB_<oo.8m.m .8.8o.m mo.§}oo.o«~_m wm.$o.Eoo.ooo.o ~m.mmo~voo.ooo.< -oo.ooo~m oo.mKm-mNoo.mH~.§.~ oo.om_}8.084 oo.o<m.HmNoo.mS.~m~ oo.mB~m.oodooé oo.m$.wmNoo.m$@m~ _m3u<umwuzm NHONNHDN Er: a?o _muo4 3__;_<-ten .2 mu:0>m m._:9_.m_>_.32 >ocwm:::ou cm_mQEmuEmonEm_ mam_>__>:.u mum_>_32>. v_:_._B_3m>>.Ez >_m_n__,_m_nm_>__a:__:o.o_E..m-m:_m_tm>_u<Ema m:_?o_._$_mnm>> mmmcm?moO._. mPo26<£3.£53.Euom cozusnoiwv:o>>t< 22:0._otm_>._h_Z 22:0M555wm:_&9_mE2 ,\_%:.<\$.22mom-mu<_B_m5 .$5Emm?z.v_mm>>m:FEmm?z _8o._.>mm EmE:_B2:_omm>>->mm $._Bm>> m::.9_._m_>_ m:zm>mE._<._.O._. mE8:_EmEumw>:_ >>m._xm._.E2 56>2to:mt_§>mmxm» mmxm._._mEmEm_na:m EUEO.Ccon.53¢>>m._xm._. m_:zm>mE ._u_-Emusm_m_.:.=._<w8~<_m._._ Page 200 of 566 mHoN8.o8.wm8.ooo~Sm\:m\:m\coo.ooo.m«oo.ooo~moomomam\cQ:8688.08oodooaoomoq ymmnzm mam oo.Bm.mm oosmoa oo.8o_m~ oo.ooo.m m\: oo.ooo.mH oo.oomN oo.ooo.m mmusm DENomaowmvSemqmm mm.mom.m B.mKm4 $.23 ~m.mE Samw _m3u< SS $.81? $.83 mm.$o.S oodoms oo.ooo.mH 8.83 oo.8o.m _m3u< Dowoo.ooo~mmm\:oo.oom.Noodom oodoqmq 8.ooo.m ooewwd 8.8m oo.oom~m 8.08 ooemm oodoorm 8.3m Hwmusm nHo~ oo.omo.$ oo.8o.m oo.ooo.m~ oo.omo.m 8.83 8.ooo;..H 8.08.5 oo.ooo_m ummuzm 26:m>m mm 86¢ 9;m 2:0Dom :o_um.:.m_:_E_u< Eo_umu_:u:mom_muo._. w_am_o._on:S.3m>_Emu:_.mnEm_>_ _u_E8mmBmm>>\mmzucmm.ummbm wu:mcwE_m_>_\mc_o_momu:m._ummbm mc:<ExmmmwEccmmB2_mamm 23:m_n_wmuwxmmmm:_m:m_._ .?mxumiwBmccmm co_umuEu:mmm mwucmhmwcouawn__.._m._mo_Ew_>__muo._. 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Please add Lisa Smith to the slate for approval at the next council meeting. Best Regards, David J ovanovic Project Administrator Lundy's Lane BIA PO Box 26008,Lundy's RPO Niagara Falls,Ontario L2G 7K2 Tel:905 401 8247 email:davidi'ovanovic.|lbia(a3gmail.com Visit us at:www.lundyslane.com Discover us at:www.facebook.com/LundysLaneNiagaraFa|ls Follow us at:www.twitter.com/LundysLaneNF Engage with us at:wwwiinstag ram.com/1undyslaneniagarafalls/ Page 203 of 566 PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson’s Man in Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater Barrier-free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, Accomplishments by the disabled community and goals for the future; and WHEREAS the Mayor’s Accessibility Advisory Committee (M.A.A.C.), would like the week of May 27 to June 2nd, 2018 proclaimed "National Access Awareness Week" in the City of Niagara Falls, and WHEREAS the official flag and logo of the Mayor’s Accessibility Advisory Committee be raised during this entire week at the front of City Hall. NOW THEREFORE I, James M. Diodati, Mayor of the City of Niagara Falls, on behalf of City Council do hereby proclaim the week of May 27th to June 2nd, 2018 as “National Access Awareness Week" in the City of Niagara Falls. Mayor James M. Diodati & Members of Council May 8, 2018 Page 204 of 566 PBD-2018-25 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-25 AM-2017-023, Zoning By-law Amendment Application 6894 Garner Road Proposal: 7 Unit Townhouse Dwelling Applicant: V Group Holdings Limited (Sam Vecchi) RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit a 7 unit townhouse dwelling, subject to the regulations outlined in this report. EXECUTIVE SUMMARY V Group Holdings Limited (Sam Vecchi) has requested a Zoning By-law amendment for a 2042 square metre (0.5 acre) parcel of land known as 6894 Garner Road. The applicant requests the property be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the construction of a 7 unit townhouse dwelling. The reasons for support are as follows: The proposed development conforms to Provincial policies as it makes a more efficient use of land and infrastructure and will provide additional housing choice for residents; The proposed development conforms to the City’s Official Plan with respect to the type of units and density permitted on residential lands; and The proposed R4 zone facilitates the development of the townhouses and provides appropriate setbacks from surrounding properties. BACKGROUND Proposal V Group Holdings Limited (Sam Vecchi) has requested a Zoning By-law amendment for a 2042 square metre (0.5 acre) parcel of land known as 6894 Garner Road. Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a 7 unit townhouse dwelling on the land. The applicant has recently revised his proposal to increase the rear (east) yard depth to 2.5 metres. Schedule 2 shows details of the proposed development as revised. Page 205 of 566 2 PBD-2018-25 May 8, 2018 The land is zoned Development Holding (DH) in accordance with Zoning By-law No. 79- 200. The applicant is requesting the land be rezoned to a Residential Low Density, Grouped Multiple Dwellings (R4) zone with site specific rear yard depth, lot coverage and aisle width regulations, to permit the development as proposed. Site Conditions and Surrounding Land Uses The property is occupied by a single detached dwelling. The property gently slopes up to the dwelling on all sides. There are hedgerows near the north lot line and a portion of the south lot line and trees in the rear yard. There are also two mature trees within the right of way of Garner Road in front of the dwelling. Lands to the north of the subject land are part of the German Village subdivis ion and are occupied by detached dwellings. There are also detached dwellings to the east and south of the subject land. The land to the west is outside of the Urban Boundary and primarily used for agricultural purposes. Circulation Comments Information about the requested Zoning By-law amendments was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The proposed housing will make more efficient use of the developable land and existing infrastructure and will provide housing choices for residents. A warning clause should be inserted in a future condominium agreement advising residents of potential impacts from agricultural uses west of Garner Road. Municipal Works No objections to the rezoning. Through a future vacant land condominium application the provision of shared services for the units will need to be determined. Transportation Services No objections to the rezoning. Sufficient room should be provided for vehicles to manoeuvre out of visitor parking spaces and for snow clearance. Page 206 of 566 3 PBD-2018-25 May 8, 2018 Fire Services, Building Services No objections to the rezoning. The provision of fire access and hydrants in accordance with the Ontario Building Code will need to be demonstrated at the vacant Land Condominium stage. Parks Design No objections to the rezoning. Through the future Vacant Land Condominium the provision of a landscaping plan and identification and preservation of mature trees will be reviewed. Legal Services No objections. Public Comments One letter of objection has been received and is included on tonight’s agenda. The letter expresses concerns about the setback from the north property line, the amount of parking provided, drainage impacts and potential lighting impacts. Neighbourhood Open House A neighbourhood open house was held on March 19, 2018 and was attended by 11 neighbours. The neighbours on Black Forest Crescent to the north of the development raised concerns about the loss of privacy due to the intensification of use and the potential of the development’s visitor parking demand spilling out onto Black Forest Crescent. The neighbours noted current drainage issues and expressed concerns that the development would worsen drainage impacts on their properties. The neighbour to the south inquired if there would be a wood fence along the common property line. The applicant noted that the drainage from the subject lands would be required to be addressed without adversely impacting abutting properties. In addition, fencing and the use of existing hedges would be used to reduce the loss of privacy of abutting properties. In addition the applicant noted that the amount of visitor parking provided by the development conformed to zoning requirements. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. Currently a minimum of 40% of all residential development occurring annually is to be in the Urban Area. Greenfield areas, such as the area the subject land is located in, are to be developed at a minimum density of 50 jobs Page 207 of 566 4 PBD-2018-25 May 8, 2018 and persons per hectare. Development is to make efficient use of land and existing infrastructure and is to provide a mix of housing to meet the needs of residents. The subject land is underutilized in comparison to recently developed properties to the north and east. The proposed development has a density of 87 jobs and persons per hectare. The development will assist in meeting the above noted targets and is a form of residential intensification promoted by the Province. 2. Official Plan The subject land is designated Residential in the City’s Official Plan. Residential lands may be developed with a mix of single detached, semi-detached and townhouse dwellings ranging in density between 20 and 40 units per hectare. The proposal is within the intent of the Official Plan as follows: - The development would have a density of 34 units per hectare, within the density range expected for the property. - The proposed townhouses have been designed to be compatible with the surrounding neighbourhood in terms of building height and massing. - The proposed townhouses introduce a new type of housing that currently is not available in the area and therefore contributes to a better mix of housing types to serve residents in this area. 3. Zoning By-law The property is currently zoned Development Holding (DH) by Zoning By-law No. 79-200. The DH zone only permits existing uses and one detached dwellings. The requested Residential Low Density, Grouped Multiple Dwellings (R4) zone permits townhouses and/or an apartment building. Staff recommend the zoning site specifically exclude an apartment building as a permitted use as one is not proposed for the site. The departures requested from the standard R4 regulations are summarized in the following table: R4 ZONE STANDARD REGULATION PROPOSED REGULATION Minimum rear yard depth 7.5 metres 2.5 metres Minimum lot coverage 35% 38% Minimum parking aisle width 6.3 m 6.1 m Page 208 of 566 5 PBD-2018-25 May 8, 2018 The other requested departures from the standard regulations can be supported for the following reasons: The applicant has recently revised the proposal to increase the proposed rear yard depth from 1.8 metres to 2.5 metres. Although the requested reduction is a significant departure from zoning requirements, the applicant has indicated that he lives directly behind the property and is not impacted by the reduction. In addition, Council has granted similar reductions for similar projects, including the townhouse development at 6186 Dorchester Road. The increase in the proposed rear yard depth will shift the driveway for the last dwelling unit away from the rear lot line, providing room for two visitor parking spaces at the end of the private road. The increase in lot coverage is minor and will not have an impact on surrounding properties. Sufficient room will still be provided for vehicles to back out of driveways with the reduced aisle width. In addition, this reduction would allow for a fence to be erected along the southerly lot line. 4. Drainage and Fencing Matters Residents to the north of the subject lands have expressed drainage concerns about their recently built subdivision (German Village Subdivision). Municipal Works are aware of these concerns and have been working with the developer to resolve these issues, prior to the return of securities and assumption of the subdivision. In addition wood fencing to screen abutting owners should be implemented through the site plan/plan of condominium process. T he fence should be positioned to minimize damage to existing hedges near the north property line. FINANCIAL IMPLICATIONS The proposed development will provide development charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Page 209 of 566 6 PBD-2018-25 May 8, 2018 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-25, AM-2017-023, V Group Holdings. 6894 Garner Road, Zoning By-law Amendment.docx Page 210 of 566 7 PBD-2018-25 May 8, 2018 SCHEDULE 1 Page 211 of 566 8 PBD-2018-25 May 8, 2018 SCHEDULE 2 Page 212 of 566 PBD-2018-27 May 8, 2018 REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-27 AM-2018-007, Zoning By-law Amendment Application Part 3, 59R-7452 Location: Vacant parcel between 5675 and 5717 Church’s Lane Owner: Pat DeLuca RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Mixed (R3) zone, to permit the construction of a 4 unit on street townhouse dwelling, subject to the regulations outlined in this report. EXECUTIVE SUMMARY Pat DeLuca has requested a Zoning By-law amendment for a vacant parcel of land (0.12 hectare) located on the north side of Church’s Lane between Henley Avenue and Gail Avenue. The land is requested to be rezoned from Residential Single Family 1C Density (R1C), in accordance with Zoning By-law No. 79-200 to Residential Mixed (R3) zone. The zoning by-law amendment would allow the land to be developed for a 4 unit on street townhouse dwelling. Consent applications to divide the land into four parcels will be considered by the Committee of Adjustment at a later date. Planning staff recommends the application for the following reasons: • The proposal complies with Provincial and Regional policies as the proposal represents an efficient use of urban serviced land and existing infrastructure and will also aid the City in meeting its 40% intensification targets for the Built-Up Area; • The land is designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential is to be for dwelling units of all types catering to a wide range of households; • The Plan encourages the development of vacant land and under-utilized parcel for more efficient use; • The requested zoning will provide appropriate regulations for the development and will ensure its compatibility with the established neighbourhood; and • The existing infrastructure can support the proposed development. Page 213 of 566 2 PBD-2018-27 May 8, 2018 BACKGROUND Proposal Pat DeLuca has requested a Zoning By-law amendment for a vacant parcel of land (0.12 hectare) located on the north side of Church’s Lane between Henley Avenue and Gail Avenue. Refer to Schedule 1 to locate the site. The land is zoned Residential Single Family 1C Density (R1C), in accordance with Zoning By- law No. 79-200. The applicant is requesting the land to be rezoned to a site specific Residential Mixed (R3) zone to allow 4 unit on street townhouse dwelling with a reduced interior side yard width of 1.8 metres. Schedule 2 shows the proposed development. Surrounding Land Uses The subject land is currently vacant. A City owned neighbourhood park abuts the land to the north. Lands to the south, east and west are occupied by single detached dwellings. A 4 unit on street townhouse development is located further east of the subject land. Circulation Comments Regional Municipality of Niagara (the Region) The land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Delineated Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The PPS directs growth to settlement areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposal meets the intent of the Provincial policy through the introduction of additional dwelling types in the neighbourhood. The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. Lastly, the proposal satisfies the intent of Provincial policies by making more efficient use of an oversized, undeveloped parcel within the Built–Up Area, thereby contributing to City’s intensification target. The subject land is designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban Area designation, subject to the availability of adequate municipal services and infrastructure. The ROP promotes higher density in Urban Areas and supports growth that contributes to the overall goal of providing a sufficient supply of housing that is affordable, accessible and suited to the needs of a variety of households and income groups in Niagara. The proposal aligns with the Regional policies. The Regional Engineering staff advises the applicant to provide a detailed servicing drawing confiriming the location of the Regional watermain and the servicing connections for the proposed development. The servicing drawing must confirm a 0.5 metre vertical separation distance between the Regional watermain and the proposed servicing connections. Page 214 of 566 3 PBD-2018-27 May 8, 2018 Transportation Services, Municipal Works Church’s Lane is classified as a collector road in the City’s Official Plan , with a planned right-of-way of 23 metres. Currently, Church’s Lane is 20.12 metres (66 feet) wide. The City Transportation Master Plan has also identified Church’s Lane as a commuter bike route. The applicant is required to dedicate a 1.44 metre wide road widening along the Church’s Lane street frontage at the consent stage. Based on the site servicing drawings submitted, the drainage from the rear portion of the subject lands flows freely to the abutting property to the north and north east. Further, the applicant is not proposing to install any measures to contain the storm runoff on their property. To ensure that development has no negative impact on the neighbouring properties, a detailed grading plan will be required at the Building Permit Stage. Building Services All new construction as of 2018 requires an electric vehicle charging system as per 9.34.4 OBC. Neighbourhood Open House A neighbourhood open house held on April 12, 2018 was attended by 7 area residents, the developer and City staff. The neighbours requested information regarding the size of the proposed dwellings, approximate market value of the dwellings and if the applicant will be the one constructing the dwellings. The residents expressed concerns regarding the maintenance of the single detached dwelling known as 5675 Church’s Lane (also owned by the applicant). They mentioned that in the past they have made complaints to the City’s By- law Services for the poor property maintenance and the large number of cars parked on the property. The residents expressed concerns that due to the poor creditibilty of the applicant , they fear that the proposed development may be of a lower standard, which may result in bringing down their property value. One resident asked staff, if there was a way they could ensure that the owner does not sell the property to a builder from Toronto, who may not have any regard for the neighbourhood. The residents mentioned that Church’s Lane is a neighbourhood with single detached dwellings and the proposed development may set a precendent for other development of similar nature. One resident wanted to know if there is sufficient capacity in the existing infrastructure (sanitary and water) to accommodate the additional flows generated by the proposed development. The applicant’s agent mentioned that the applicant will be hiring a builder to do the construction. He further mentioned that the proposed dwellings will be between 222.9 square metres (2400 square feet) to 241.5 square metres (2600 square feet) in area. The owner mentioned that he intends on cleaning his existing property (5675 Church’s Lane) and would be removing the cars which are currently parked on the property. He further mentioned that he wants to build a high end development which will be an asset to the neighbourhood and will result in an increase in the property value of the existing homes. Page 215 of 566 4 PBD-2018-27 May 8, 2018 Staff mentioned that the City cannot control the sale of the subject property. The City can only ensure that the proposed dwellings are constructed as per the zoning and Ontario Building Code regulations. Staff mentioned that the Provincial policies promote compatible infill developments. The proposed development is compatible with the surrounding area as it maintains the streetscape along Church’s Lane. Further, the proposed development is similar to the existing dwellings in the neighbourhood with respect to building elevation and setbacks. The applicant’s agent shared the elevation rendering for the proposed development with the area residents as well. Staff mentioned that the City’s Municipal Works Division has no concerns regarding the servicing for the proposed development. Further, as the applicant is required to contain the drainage within their own property; there should be no adverse impact on the abutting property. Lastly, the City’s Building Division will be reviewing the overall grading plan at the Building Permit stage to ensure there is no adverse impact on adjoining properites. ANALYSIS/RATIONALE 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification within urban areas to help meet intensification targets. The subject land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under the 2017 Places to Grow, for the Greater Golden Hors eshoe (Growth Plan). The subject land is currently undeveloped, but zoned for one detached dwelling. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving the 40% intensification tar get within the Built-Up Area. 2. Official Plan The subject land is designated Residential in the City’s Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum density of 40 units per hectare with a minimum density of 20 units per hectare along local and collector roads. The proposed development is located on Church’s Lane, which is a collector Road and provides a density of 33.3 units per hectare. The proposed dwellings will be similar to the sourrounding dwellings in height and setbacks and will maintain the character of the neighbourhood. The proposed development will assist the City in meeting future housing needs. As such, the development is considered to be in compliance with the Official Plan. 3. Zoning By-law Amendment The land is currently zoned Residential Single Family 1C Density (R1C) zone in accordance with Zoning By-law No. 79-200. The zoning of the land is requested to be changed to Residential Mixed (R3) zone with site specific regulation for interior side yard width and special front yard depth. Page 216 of 566 5 PBD-2018-27 May 8, 2018 The applicant is proposing to provide an interior side yard width of 1.8 metres instead of 3 metres. Reduction to the interior side yard width is necessary due to the compact site design. The proposed dwellings will be similar to a single detached dwelling in appearance. The proposed setback of 1.8 metres is similar to what is typically required for single detached dwellings. Further, to mitigate any loss of privacy for the abutting properties, the applicant is proposing to install a close board fence along the common east and west property lines. Zoning By-law requires a special front yard setback for a building or structure proposed on an interior lot between two existing building or structures located on the abutting lots which have their front lot lines on the same street. The special front yard setback is an average of the shortest distance between the nearest main wall of each existing building or structures and the front lot line on which the building or structures are located. The front yard depth for the existing dwellings located on the abutting easterly and westerly properties is 7.8 metres and 6.7 metres respectively. The average front yard depth for the existing dwellings is 7.25 metres. Based on the by-law requirement the proposed 4 unit on street townhouse dwelling must provide a front yard depth of 7.25 metres. The applicant is however, proposing to provide a front yard depth of 7.5 metres, which exceeds the by-law requirement. The greater front yard depth will provide an opportunity for an additional landscaping on-site. The additional landscaping along Church’s Lane will ensure that the proposed development is well designed to integrate with the sourrounding neighbourhood. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-020, AM-2018-003, Montrose Road.docx Page 217 of 566 6 PBD-2018-27 May 8, 2018 SCHEDULE 1 Page 218 of 566 7 PBD-2018-27 May 8, 2018 SCHEDULE 2 Page 219 of 566 Rita Marriott From:Gwen Donofrio Sent:Wednesday,April 18,2018 1:09 PM To:Alex Herlovitch;Anamika Dilwaria;Rita Marriott Subject:FW:Zoning By law city File #AM—2018—OO7 Rita,please print and scan into zoning with a copy to the Council Pending folder for May 8th. ??\ Gwen —————Origina|Message--— From:An3e|a Ri?es ] Sent:Wednesday,April 18,2018 11:52 AM To:Gwen Donofrio Subject:Zoning By law city File #AM—2018—OO7 Dear Mr.Herlovitch, I am writing today to provide feedback regarding the above mentioned By law amendment and the proposal of4 town homes. We were unable to attend the last meeting and on May 8th I am away on business. We are not in favour of this zoning or construction of town homes.Unfortunately there are already some at the end of Churches Lane and Stanley and some at the end of Heritage Ave and both sections are not well cared for.They continually have garbage out front and no owners take care of this.I know the proposed new ones will be rented out and this will add to the garbage we already have.We finally got rid of the one house on Loyalist Ave that was a dump and new owners re—didthe entire house including the outdoors and we finally have a nice looking street.No we don't live in Mount Carmel and don't live in $600,000 homes but we do take pride in our homes. We are a residential mostly single family homes neighbourhood and it should stay that way so the value of homes remain competitive.If we get more townhouse rentals it will continue to de value the homes in the area.Landlords just collect the money and don't care how the building looks. Please re consider approving this as it is not fairfor the residents ofthe surrounding area.Mr.deluca can find many other lots to build but not here. Please BCIVISEwhat EISE we need t0 C10 120ensure this C1085 not happen! Thank you Angela and Vince Rines Sent from my iPad Page 220 of 566 May 3”’2018 RECEWED MAYas 2018 .4 59.- /RECEEVED MAY-72523 P ANNINGRe:Zoning by-law amendment application city Fie:am-2018-007 3‘E‘-OPME-NT Dear Sir. r’:Z§:/{'f‘j;: In question.I to have it cleaned out but was told byt the cities responsibifity.If more housin Page 221 of 566 PBD-2018-30 May 8, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-30 AM-2017-015, Official Plan Amendment Application Proposed Riverfront Community Plan Jane Pepino, Aird and Berlis Agent: John Henricks, Niagara Planning Group Owner: GR (CAN) Investments Co. Ltd. RECOMMENDATION: That Council: 1. Approve the application to amend the Official Plan. 2. Change the current zoning of the subject lands and the lands adjacent to a DH (Development Holding) and EP Environmental Protection) zoning; subject to the recommendations that are detailed in this report being satisfied. EXECUTIVE SUMMARY Staff is recommending approval of the proposed Official Plan amendment for the Riverfront Community Plan subject to the recommendations contained in this report. The application is to provide a detailed land use policy framework for approximately 49 ha. (120 ac.) of land. The modified amendment will provide for a balanced approach to the development of the subject lands, lands that have been slated for urban development since the 1970’s and more specifically targeted since the conversion from Industrial in 2008. The modified amendment will serve to preserve and protect natural heritage features, protect existing industrial operations in proximity to the subject lands and will provide for the development of a complete community. BACKGROUND An application to amend the Official Plan has been submitted by GR (CAN) Investment Co. Ltd. The applicant proposes to provide a detailed set of policies to guide the development of the “Riverfront Community” that will accommodate: 2,675 people 879 dwelling units 238 senior’s units 500 hotel units 1,800 to 2,800 jobs Page 222 of 566 2 PBD-2018-30 May 8, 2018 The lands are within a larger area that was the subject of the Thundering Waters proposed secondary plan. The owner, in September, 2107, submitted an application to amend the Official Plan for a development of lesser intensity that would occupy a smaller land area than what was initially proposed. A location map is provided as Appendix 1 to this report. The proposed land use plan Schedule G is attached as Appendix 2. Appendix 3 illustrates the proposed development area relative to the most recent Ministry of Natural Resources and Forestry wetland mapping. PUBLIC CONSULTATION A public information centre and an open house were held, November 20, 2017 and January 24, 2018, respectively, in advance of the statutory public meeting (January 24, 2018 Open House Minutes, attached as Appendix 4). These forums were attended by approximately 150 – 200 people. Comments received from these forums as well as comments received as a result of the notification of the statutory public meeting are appended to this report. THE AMENDMENT The application seeks to amend Special Policy Area #56 to provide comprehensive policies that will guide the proposed development on a community plan basis. A draft of the Riverfront Community Plan has been submitted as part of this application. Special Policy Area #56 states, in part: 13.56.1 The Residential policies of this Plan apply to the area designated Residential with a Special Policy Area designation. Development will occur in accordance with a Secondary Plan to be adopted as an amendment to this Plan. The extent of the Residential designations and Environmental Protection Area designations may be affected by the environmental and feasibility studies yet to be completed and will be refined through the Secondary Plan process. The proposed amendment seeks to allow the Community Plan to proceed in advance of the secondary plan. Staff can support this approach to the amendment for two reasons: The proposed development is a comprehensive community plan that focuses in on a portion of the secondary plan area and provides a detailed policy regime that satisfies the of the secondary plan principles of Special Policy Area #56. An extensive number of studies were submitted in support of this application, including: - Draft Official Plan Amendment – September 29, 2017; Revised – March 26, 2018 - Planning Justification Report – September 29, 2017; Planning Summary Report – March 28, 2018 - Environmental Impact Study – September, 2017; Addendum – March 2018 - Infrastructure Requirements – Stormwater, Wastewater and Water Servicing – September 28, 2017; Clarification Memorandum – March 26, 2018; Stormwater Management Memorandum – March 1, 2018 - Master Plan Transportation Study – September, 2017; Transportation Assessment – April, 2018 Page 223 of 566 3 PBD-2018-30 May 8, 2018 - Phase 2 Environmental Site Assessment – April, 2017 - Air Quality, Noise and Vibration Feasibility Assessment – June 23, 2016; Peer Review Response Memorandum – March 12, 2018 The subject lands, where the current phase of development is proposed, avoid the lands constrained by Provincially Significant Wetlands. AGENCY COMMENTS Notice of the statutory public meeting was circulated to agencies, those who attended previous public forums and was published in the Niagara Falls Review. Agency comments are attached as Appendices 5, 6, 7 and 8. Generally, commenting agencies are in support of the proposal – any concerns can be addressed through modifications to the amendment submission through additional policies or revised wording. Agency comments will be referred to in the relevant sections of this report. PLANNING ANALYSIS A number of issues have had to be addressed by the applicant in order to have the matter considered by Council. These issues and how they have been addressed in terms of Provincial, Regional, Conservation Authority and City policies are detailed below. Natural Heritage A natural heritage system based approach is being used to ensure long term sustainability and no negative impact on the environment. The subject lands, as well as the larger surrounding area, are comprised of wetlands, woodlands and open areas. The significant natural heritage areas are to be protected and conserved utilizing a hierarchy of techniques – avoidance, mitigation and enhancement/restoration. The subject lands are removed from areas of significance – employing avoidance as the primary technique of protection. The following details the approach to the protection of natural heritage. Wetlands Lands to the north and east, which are beyond the subject lands, are primarily comprised of slough forest that has been identified as Provincially Significant Wetland (PSW) by the Ministry of Natural Resources and Forestry (MNRF). The MNRF, in the Fall of 2016, identified additional PSW features, some of which are located on the subject lands. Consistent with the Provincial Policy Statement (PPS), the Official Plan designates PSW’s as Environmental Protection Area (EPA). These are identified on the applicant’s draft Schedule G only as PSW’s. Accordingly, staff is recommending that these PSW’s be designated EPA and that the mapping illustrate a 30m buffer around these features as has been recommended by the Niagara Peninsula Conservation Authority (NPCA) so as to maintain the hydrologic function of the PSW’s. Staff is further recommending that Schedule A to the Official Plan be amended to reflect the current MNRF PSW mapping on lands outside of the subject lands. Such an approach will maintain consistency with the PPS. It should be noted that the applicant is seeking a reclassification by MNRF of these features. MNRF has recommended that the applicant’s consultant review the OWES and contact MNRF in order to move forward with any proposed changes. Should further review of these features by the MNRF result in a reclassification of them, in whole or in part, the reclassified lands will be Page 224 of 566 4 PBD-2018-30 May 8, 2018 designated the adjacent land use designation, should it meet no other criteria for natural heritage protection. Policies within the proposed amendment address this circumstance. Schedule G (Appendix 3) illustrates the collector road system within the Plan Area. Two of the collectors bisect PSW’s. Should the applicant proceed with the collectors so designed, the roads will have to go through an Environmental Assessment in order to be consistent with the PPS. Alternatively, the road configuration can be revised so as to avoid the PSW’s. Recommendation: 1. That the PSW’s located on the subject lands be designated Enviro nmental Protection Area (EPA) which shall include a 30m buffer. 2. That Schedule A be amended to reflect the current MNRF PSW mapping. 3. That policies be included in the proposed amendment to specifically address the reclassification PSW’s by the MNRF. Endangered Species Act (threatened and endangered species) Studies have indicated that habitat for several threatened or endangered species is present over the larger landscape primarily existing within the protected slough forest to the north and east of the subject lands. However, one small feature (recently removed as a PSW) has potential bat habitat. This feature will be the subject of further studies (notably acoustic surveys to be undertaken in June) that will determine if the habitat exists. MNRF has requested that the proposed methodology be submitted to them well in advance of the field season. Dense Blazing Star is a threatened flowering plant that was found outside of the subject lands. MNRF recommends mapping the area around this location where grassland species occur so that the extent of habitat can be determined, which is a consideration with respect to the Endangered Species Act (ESA). The Kentucky Coffee Tree is a threatened tree and was, according to the applicant’s consultant, found on the subject lands. MNRF has stated that further information respecting habitat location is required. Because of this the general habitat location is recommended to be identified on Schedule G and Schedule A-1 with a symbol and the proposed amendment modified to require further work to be completed in advance of any future Planning Act applications. If the habitat of threatened or endangered species is determined to be present on the subject lands, the habitat can be relocated in accordance with the ESA permitting system that is administered and approved by the MNRF. Should the feature not meet any other criteria for natural heritage protection, the lands would be designated the adjacent land use designation. Such an approach is consistent with the PPS. Despite this, the policies of the Official Plan is more restrictive, not permitting development and site alteration in the habitat of threatened and endangered. As such, in order to implement the approach through the ESA permitting system, the proposed amendment will have to contain appropriate policies and the feature (identified in the EIS as FOD 7-3) be identified with a symbol on Schedule G and on Schedule A-1. Recommendation: 4. That Schedule G and Schedule A-1 be amended to illustrate the feature FOD 7-3 with a symbol denoting it as having a special policy regime. Page 225 of 566 5 PBD-2018-30 May 8, 2018 5. That Schedule G and Schedule A-1 be amended to illustrate the general habitat location of the Kentucky Coffee Tree. 6. That the amendment be modified to require further studies to determine the extent of Dense Blazing Star and Kentucky Coffee Tree habitat in order to satisfy the requirements of the ESA. 7. That the amendment be modified to provide policies that allow for development and site alteration on lands designated EPA that is in accordance with the ESA. Significant Wildlife Habitat Significant Wildlife Habitat (SWH) consists of four general categories of habitat: Habitat of seasonal concentrations of animals; Area vegetation communities or specialized habitat for wildlife; Habitat of species of conservation concern; and Animal movement corridors. The EIS has determined that SWH is located throughout the broader landscape and is, in most cases, located outside of the subject lands within the slough forest. There is one area of candidate SWH habitat – potential bat maternity colony and amphibian breeding habitat – the feature noted above, FOD 7-3. The PPS states that development and site alteration is not permitted unless it can be demonstrated that there is no negative impact on SWH. NPCA has commented (see Appendix 6) that sufficient information has been provided in the EIS to demonstrate that there will be no negative impact respecting bats. However, further field work (currently underway) is needed to determine if the feature is amphibian breeding habitat and the best approach to achieve no negative impact if present. Should no negative impact be demonstrated, the habitat could be relocated in accordance with established NPCA policies and under a Work Permit. Relocation would be consistent with the PPS as no negative impact would first have to be demonstrated. Such works, as well as the Endangered Species Act permits noted above, will be required as conditions of draft plan approval as at that point specific development details will be available from the developer. In addition, an agreement, which will require a Letter of Credit as a condition, will be required of the developer well in advance of any draft plan application which will include details such as location of the works, monitoring and timing with respect to development. Modifications to the proposed amendment are needed to provide the policy direction for the works and the requirement to enter into an agreement with the City and NPCA. Official Plan policies prescribe that SWH be designated Environmental Conservation Area (ECA). However, as noted above, it is recommended that this feature be identified on Schedule G with a symbol indicating a special policy regime. The symbol will accomplish the same end as the ECA designation without the need for an additional land use designation on the schedule. The NPCA has advised in a communication subsequent to the submission of its comments (see Appendix 7) that the use of a symbol is an acceptable approach. It should be noted that while Snapping Turtle habitat was not found on the subject lands, it was found within the broader landscape. MNRF has stated that further information regarding soil testing, demonstrating unsuitable soil conditions for nesting, has not been submitted. Page 226 of 566 6 PBD-2018-30 May 8, 2018 Recommendation: 8. That the amendment be modified to provide policies that allow for development and site alteration of SWH, provided that no negative impact is first demonstrated. 9. That any Work Permit required under the NPCA regulations is obtained. 10. That the developer enter into an agreement with the City and the NPCA regarding any habitat relocation works and, as a condition of any such agreement, a Letter of Credit be required as a guarantee of these works. Woodlands The EIS has mapped the extent of significant woodlands on the subject lands and within the broader landscape due to the size and canopy cover. These woodlands are located on the subject lands and within the broader landscape adjacent to the slough forest. The PPS states that development and site alteration are not permitted within significant woodlands unless no negative impact can be demonstrated. The EIS has demonstrated that woodlands within the subject lands, while currently meeting the Region’s criteria for significance, will lo se their significance within 2 to 5 years due to losses resulting from the Emerald Ash Borer and Dutch Elm Disease. These trees will be replaced, if left unchecked, with invasive species such as Buckthorn. At this point the woodlands will no longer be considered significant. The EIS recommends that the woodlands on the subject lands be removed and woodlands within the broader landscape be rehabilitated to remove the invasive species, improve the soil conditions and plant native hardwoods. The loss of significance is within the planning horizon of the proposed development. The NPCA accepts the interpretation made in the EIS respecting loss of significance and the approach to resource management of the woodlands. Because of this, the NPCA has commented that the approach is consistent with both the PPS and the Region’s Official Plan. In order to implement the approach, the proposed amendment, while providing policies in this regard, will require modification to provide the necessary policy direction. Maps should also be included as part of the amendment that illustrate the woodlands that will be removed as well as the area subject to rehabilitation/enhancement. The agreement noted above, which would be a separate agreement than a subdivision or condominium agreement, respecting SWH should be expanded to include provisions respecting resource management of the woodlands. A NPCA Work Permit would not be required as the woodlands are not regulated by the NPCA. Recommendations: 11. That the proposed amendment be modified to include maps illustrating the areas recommended for woodland removal and areas of rehabilitation/enhancement. 12. That the proposed amendment be modified to include the requirement that the developer enter into an agreement with the City and the NPCA which addresses woodland resource management. Summary The map below illustrates the approach to natural heritage protection that is recommended. To summarize: Page 227 of 566 7 PBD-2018-30 May 8, 2018 All PSW’s are to be designated EPA, through the proposed amendment for the subject lands and through an update to Schedule A for the broader landscape. Further fieldwork is needed to determine whether there is endangered or threatened species habitat. If present, habitat relocation may proceed in accordance with the provision of the Endangered Species Act. Further fieldwork is needed to determine if Significant Wildlife Habitat is present and that development and site alteration will result in no negative impact. If no negative impact is determined, the habitat can be relocated under a Work Permit issued by the NPCA and the developer entering into an agreement with the City and NPCA. Woodlands will lose their significance within a 2 to 5 year timeframe. As such, removal from the subject lands is not considered negative impact. Woodland rehabilitation and enhancement through a resource management agreement will result in a healthier and more robust woodland over time and will be of benefit to the natural heritage system across the broader landscape. Transportation A Transportation Assessment (TA) has been submitted in support of the application. The TA studied not only Dorchester Road and Chippawa Parkway which abut the subject lands, but also the larger Regional network bordered by McLeod Road, south to Lyon’s Creek Road and Stanley Avenue west to Montrose Road. This area will be subject of a number of large scale Page 228 of 566 8 PBD-2018-30 May 8, 2018 developments in the short term – the new hospital, the Grand Niagara redevelopment and the subject application. The TA considered and factored in these developments as well as the proposed corridor improvements to McLeod Road that were recommended several years ago in the Region’s Environmental Assessment (EA). Given that the subject lands have only two access points at McLeod/Dorchester and Stanley/Chippawa Parkway, the TA paid particular attention to these intersections. Moreover, the need for a bridge crossing of the Welland River was assessed. The TA has made the following recommendations: That the Region proceeds as planned with the various improvements to the McLeod Road corridor, including intersection improvements at Drummond, Dorchester, Oakwood, the QEW ramps and Montrose. The proposed timing of these improvements – three to eight years – will assist in the accommodation of the first stages of the proposed Riverfront Community. That improvements to the Stanley/Chippawa Parkway intersection be determined through an EA. That the developer work with the City and Region to develop a Transportation Demand Management (TDM) program to reduce traffic generation and facilitate the use of sustainable transportation modes. That developer engage in discussions with the Region and the City to determine the scope and timing of a transportation monitoring program. This monitoring program is measure the traffic generation characteristics and impacts prior to build-out. The TA has been reviewed by City and Region staff which generally accepts its recommendations. Both City and Region staff are satisfied that a bridge crossing of the Welland River is not required given the proposed extent and intensity of development. The need for the crossing will have to be assessed if the development density on the subject lands increases or if the extent of development expands beyond the limits of the subject lands. The proposed Riverfront Community will not result in any further improvements needed for the McLeod/Dorchester intersection. Development of the area including the subject lands was previously considered as part of the McLeod corridor EA. Thus the subject development can be accommodated through the planned improvements to McLeod. As development proceeds, traffic monitoring, as recommended in the TA, will be fundamental to determining the traffic generation from this development and the performance of the Stanley/Chippawa Parkway intersection as well as the timing for a roundabout at Dorchester/Oldfield. Both improvements will have to be undertaken through an EA. The establishment of a monitoring program and the undertaking of an EA as a condition of draft plan approval are recommended by staff to be a policy modification to the proposed amendment. Recommendations: 13. That a further assessment be undertaken regarding a bridge crossing of the Welland River should development density on the subject lands increase or if the extent of development expands beyond the subject lands. 14. That a traffic monitoring program be established as a condition of the initial draft plan approval in order to assess the performance of the Stanley/Chippawa Parkway intersection and the need for any improvements. Page 229 of 566 9 PBD-2018-30 May 8, 2018 15. That traffic impact studies and other transportation-related studies be a condition of draft plan approval. 16. That any road improvements attributable to the development be a condition of draft plan approval. 17. That the number of new crossings of the CP Rail line be limited to one, subject to federal rail legislation and prevailing railway regulations. Servicing The subject lands are not serviced by municipal water, sanitary and storm services. A servicing study undertaken on behalf of the applicant has determined that a sanitary pumping station and forcemain are required to service the subject lands. The flows from these facilities will be piped to the South Side High Lift Station (“the High Lift”). Despite having sufficient dry weather capacity, the High Lift is already at capacity during wet weather flow events. Ultimately sanitary flows will be piped to the WWTP; until such time the system constraints will have to be accommodated through the detailed design of the pumping station. Additionally, piping and facilities that will become redundant once the WWTP is in operation should be minimized and should be considered in the design of the sanitary system for the Riverfront Community. Regional staff has provided a series of policies related to servicing and has supplied them to the applicant in advance; these policies have been incorporated into the proposed amendment. It should be noted that an EA will be required for the design and construction of the pumping station and forcemain. Recommendation: 18. That the approach to servicing recommended by the applicant’s consultant is accepted and the policy recommendations made by the Region be included in the proposed amendment. Land Use Compatibility The subject lands are in proximity to existing industrial uses. These uses are located to the east within the Stanley Business Park and to the north on Dorchester Road. The development of sensitive land uses (e.g. residential) in proximity to industrial uses is guided by the policy direction of the PPS which states: This is implemented through the Ministry of Environment and Climate Change D-1 and D-6 guidelines which provide separation distances by industry type from sensitive land uses. The separation distances are to allow for the normal operation of an industry without a sensitive land use experiencing anything more than a “trivial impact”. Page 230 of 566 10 PBD-2018-30 May 8, 2018 The D-6 Guideline categorizes industries by the nature of their operation. For example, industries that are small scale and are fully contained within a building are considered Class I. Class II industries are larger and may have some outdoor operations and shift work. In general Class I and II uses have a minor impact on their surroundings. Sensitive land uses are to have a 20m separation distance from a Class I industry and 70m from a Class II industry. Class III industries are those that can exert significant impacts on their surroundings due to their size, outside storage, large production volumes and continuous movement of employees and goods. Sensitive land uses should be separated 300m from Class III industries. The majority of industrial uses in the area are Class I or II uses and are well separated from the subject lands. There is however, one Class III industry that is located such that the east portion of the subject lands is within the 300m separation distance. The applicant’s land use compatibility assessment has determined that the development of sensitive land uses within the separation distance is feasible. The assessment was peer reviewed by the Region’s consultant who confirmed that the development of sensitive land uses on the subject lands is feasible and has recommended that more detailed studies will be required with future Planning Act applications. Such studies would determine the type and location of mitigation measures that should be used to reduce the impacts of noise, dust and odour on the sensitive land uses. 300m separation distance from Quality Ready Area to be identified as within the 300m separation distance and affected by special policies Page 231 of 566 11 PBD-2018-30 May 8, 2018 Accordingly, it is recommended that the area within the 300m separation distance be identified by an arc on Schedule G as an area of study. It is also recommended that further land use compatibility assessments be completed prior to and be submitted as part of any re-zoning or draft plan applications. Recommendations: 19. That the proposed Schedule G be modified to identify the area of the subject lands within the 300m separation distance. 20. That the proposed amendment be modified to require the completion and submission of further land use compatibility assessments as part of any further Planning Act application. The Proposed Community Plan The Growth Plan provides the policy direction for municipalities for growth and development. The lands were re-designated for Residential purposes in 2008 as part of the City’s review of land supply to meet the needs to 2031. The subject lands are identified as Greenfields in the Official Plan and are to be developed as complete communities as required by the Growth Plan. Complete communities are areas that are developed with densities that support public transit, offer opportunities and support people of all ages; provide a variety of housing and a mix of employment and commercial uses. The proposed community plan generally achieves the goal of a complete community in the following manner: Density – a minimum density of 53 residents and jobs is to be met in all Greenfield developments. The proposed community plan will exceed this requirement, likely achieving about 80 residents and jobs per hectare at build out. Employment – the proposed amendment states that there is capacity for between 1,800 and 2,800 jobs in the Plan Area. These jobs will be provided within the Mixed Use area. This area is to have a tourism focus with a variety of uses, including accommodation, which will provide employment. Institutional uses are also proposed which generate employment. In addition, as noted above, the eastern portion of the lands is recommended to be designated Mixed Use and could be developed for service commercial or other similar employment uses. Housing – Schedule G (Appendix 3) shows that the residential portion of the subject lands is to be designated Low/Medium and High Density designations which will permit the development of a variety of housing forms. To further ensure that an equitable variety of housing is developed, the proposed amendment is recommended to be modified to include policies on affordable housing such as, providing a variety of lot and unit sizes to promote affordability, to work with the City and Region in the participation of programs that will provide for affordable housing and to use inclusionary zoning if requested. Mixed Use – the intent of the Mixed Use areas is to provide for the tourism and commercial uses, as noted above, in combination high density residential. In order to maintain the mixed use nature of the area, the Region has recommended the inclusion of a minimum amount of commercial floor space that has to be developed. The applicant has advised that the Mixed Use designation should be extended and should replace the High Density Residential area as the intention is to develop condominium units together with vacation rentals or hotel units. Council recently approved a policy direction on short term rentals which are to be allowed in Tourist Commercial areas as- Page 232 of 566 12 PBD-2018-30 May 8, 2018 of-right. Accordingly, the Mixed Use designation with its tourism focus would be appropriate. Institutional – the proposed community plan includes the development of approximately 240 seniors units which will provide housing for an aging population. The design of the community plan concentrates the residential land uses south of the Con Rail Drain, with the Mixed Use areas north of the Con Rail Drain and in the eastern edge of the Plan Area. Natural heritage features, the Con Rail Drain and the CP Rail line separate the community – linkages will be made at appropriate locations in order to achieve as much connectivity as possible. The collector road network which lays out the principal circulation routes is consistent with a secondary plan approach. It has been designed to be extended in the future and could accommodate a bridge crossing of the Welland River. Urban Design Guidelines were not submitted as part of the application. Such guidelines are an important part of the implementation of larger scale plans, providing guidance on design elements such as building and access locations, desired setbacks and treatment of the road right-of-way. In the absence of the design guidelines, the Official Plan contains general policy direction in terms of urban design and that the Region’s Model Urban Design Guidelines should be used. It should be noted that the subject lands south of the Con Rail Drain will require a Record of Site Condition (RSC) prior to the development. A Phase II Environmental Site Assessment was undertaken by the applicant given that the site had possibly been previously used for industrial purposes and for the dumping of excavated materials. Certain metals were found to be above MOECC standards and remediation will be required either by removal of the impacted soils or by the submission of a site specific risk assessment. In accordance with the Official Plan, it is recommended that a Holding provision be included as part of any site specific rezoning with the condition that it be lifted once the RSC has been accepted by the MOECC. Parkland has been identified to serve the future community in a central location. Recommendations: 21. That the proposed amendment be modified to include policies regarding the provision of affordable housing. 22. That Schedule G be revised to replace the High Density Residential designation with a Mixed Use designation. 23. That the applicant utilizes the Region’s Model Urban Design Guidelines in the absence of urban design guidelines for the community plan. 24. That an H-provision be applied to any site specific zoning by-law for lands south of the Con Rail Drain respecting the submission of a Record of Site Condition prior to development. Indigenous Consultation The PPS states that municipalities are encouraged to coordinate planning matters with Indigenous communities and that the PPS is to be implemented with the recognition and affirmation of treaty rights in section 35 of the Constitution Act. First Nations – the Mississaugas of the New Credit, the Six Nations (elected Council) and the Haudenausanee Development Institute (HDI; hereditary Council) – and the Metis Nation of Ontario were circulated notices of the public meeting and the previous public forums. Previous to this, during the secondary Page 233 of 566 13 PBD-2018-30 May 8, 2018 planning process, staff met with the Six Nations Council and the HDI. The HDI expressed to staff that the duty to consult with Indigenous peoples is a Crown responsibility and as such, cannot be undertaken by municipalities which are not Crown entities. A municipality may negotiate details of a proposal but this does not constitute fulfilling the duty to consult. To this end, staff can advise that as the subject lands are removed from the slough forest, the traditional rights of hunting, harvesting and fishing have been protected. Additionally, staff is recommending that the proposed amendment be modified to include policies that require the developer to engage personnel that will monitor construction on behalf of a First Nation or the Metis Nation if requested at the subdivision stage. The costs of monitoring would be borne by the developer. Recommendation: 25. That the proposed amendment be modified to include policies requiring, if requested, the developer to engage personnel to monitor construction on behalf of any First Nation or the Metis Nation at the developer’s expense during the subdivision stage. The Proposed Amendment The proposed amendment (Appendix 9), seeking an exemption form the requirement of a Secondary Plan prior to development can be supported. The proposed amendment with the recommended modifications noted above, is a community plan that provides sufficient detail in its policy direction to guide development in a manner that preserves the natural environment, protects existing industry and will create a complete community. That said there are a number of further “fine tuning” amendments that are recommended so that the proposed amendment is consistent with the structure of the Plan. Recommendations: 26. That the proposed amendment included the following technical modifications: a. The proposed amendment be Part 5, section 2 of the Official Plan; b. Special Policy Area #56 be modified to contemporize the policies and to allow for the Community Plan; c. Schedule A be modified to: i. reflect the updated MNRF PSW mapping and to designate these features EPA; ii. designate the proposed Mixed Use lands as Tourist Commercial and Minor Commercial; and iii. to include a symbol identifying a special policy regime. d. The creation of Schedule G; and e. The creation of two appendices to illustrate the areas of woodland removal and the resource management area. Page 234 of 566 14 PBD-2018-30 May 8, 2018 Implementation The proposed Community Plan amendment will be implemented through a series of Planning Act applications (Zoning By-law Amendment, Draft Plan Approval (subdivision and condominium) and Site Plan Agreement) as well as EA’s for transportation and road improvements and sanitary servicing. Initially, a Zoning By-law Amendment is being recommended to change the zoning of the subject lands and the broader landscape from its current GI (General Industrial) zone to EP (Environmental Protection) and DH (Development Holding). By doing so, the zoning will be brought into conformity with the intent of Official Plan. Recommendation: 27. That staff initiate an amendment to the Zoning By-law to change the zoning of the subject lands and the broader landscape from GI to EP and DH. CONCLUSION Staff is recommending approval of the proposed Riverfront Community Plan subject to the recommendations noted in this report. The proposal is the development of lands that have been targeted for urban development since the 1970’s and more specifically for residential purposes since 2008. The modified amendment is a balanced approach to the development of the subject lands ensuring natural heritage preservation, the protection of existing employment lands and the creation of a complete community. LIST OF ATTACHMENTS Appendix 1 – Location Map Appendix 2 – Proposed Schedule G Appendix 3 – Development Area relative to MNRF mapping Appendix 4 – Minutes of the January 24, 2018 Open House Appendix 5 – Niagara Region Comments Appendix 6 – Niagara Peninsula Conservation Authority Comments Appendix 7 – D. Deluce Email Re: ECA Appendix 8 – Ministry of Natural Resources and Forestry Comments Appendix 9 – Proposed Official Plan Amendment Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer J.Barnsley:gd Attach. S:\PDR\2018\PBD-2018-30, AM-2017-015 Proposed Riverfront Community Plan OP Amendment Application.docx Page 235 of 566 Page 236 of 566 CHIPPAWA PARKWAYDORCHESTER ROAD NiagaraPlanning GroupURBAN DEVELOPMENT PLANNINGPROPERTY BOUNDARYRIVERFRONT COMMUNITY BOUNDARYCOLLECTOR ROADSFUTURE COLLECTOR ROAD EXTENSIONSPROVINCIALLY SIGNIFICANT WETLANDSPOTENTIAL LOCAL ROAD AND/OR PEDESTRIAN/BIKE CONNECTORLAND USESLOW/MEDIUM DENSITYHIGH DENSITYMIXED USEOPEN SPACENOT TO SCALEMARCH 2018RIVERFRONTCOMMUNITYSCHEDULE G -RIVERFRONTCOMMUNITY OPAKEY MAPNOT SUBJECT TO THIS OPANOT SUBJECT TO THIS OPANOT SUBJECT TOTHIS OPANOT SUBJECT TOTHIS OPAN O T S U B J E C T T O T H I S O P APage 237 of 566 Page 238 of 566 Minutes – January 24, 2018 RIVERFRONT COMMUNITY (AM-2017-015) OPEN HOUSE ATTENDANCE: Alex Herlovitch, John Barnsley, John Hendricks (NPG), Kyle Hunt & Shelley Lohnes (Savanta) and Ron Scheckenberger (AMEC) Alex Herlovitch opened the meeting by introducing the panel and explained how the question and answer period would work. John Hendricks Principle Planner, The development was established years ago so it is not a question of if, but when and how will areas be protected. The intent of the developer is to protect the wetlands and create a healthy urban paradise. John Bacher Approval of Development in principle. There are ECA lands on the site. How many of the 120 acres are considered an EPA. This is not approval but a study. Dance Blazing Star – this is not ECA. What is the difference in terms of acres in the new plan? Where is the Kentucky Coffee Tree? Wetland downgrading shown on Wetland #5 but plan shows that it is still being developed. MNR said reduced in size but on map it shows it still being developed. MNR told me they were going out in the spring to do a walk about but you say the summer ? #6 shows it paved over on the plans. Concerned you are not sharing this with MNR. John Hendricks PSW’s cannot be developed. #5 is still being studied and will be addressed during the subdivision stage. Kyle Hunt Kentucky Coffee tree - any locations of protected species is highly confidential and cannot be publicized of their location and that is why they are not shown on the map. There is one Kentucky Coffee tree. John Hendricks Size - originally quoted as 128 ac, however it is approximately 120 ac but the developable land will be less than 120 ac. Ed Smith Would the developer be comfortable with someone not associated with the project to join the MNR for the walk on the site? The developer wants to save the wetlands by piping the water from the Welland River. Would this not destroy the wetlands by introducing the pollutants from the Welland River? By isolating wetlands, does this not kill off the wetlands? John Hendricks Would discuss and consider the suggestion of someone walking the site with the MNR. Savanta has been working with the developer about wetlands Page 239 of 566 2 Kyle Hunt AMEC Foster Wheeler is working on stormwater management and low impact development features to ensure protection of the wetlands. Not aware of the piping from the Welland River. Caroline Ioannoni If piping issue from the Welland River is true, where would they have to get permission from to do so? Alex Herlovitch Approval would come from the Niagara Peninsula Conservation Authority. Stuart Lyle Here to comment about the job issue. Many people in the area are without jobs. Apparently this project starts with 2,000 jobs, 3,000 permanent jobs and 10,000 indirect jobs. The casino is the biggest employer in the city and many of those employees are uncertain of their jobs. Environment is important but this project would be a huge gain for the community. Owen Bjorgan What does an ecosystem do for people and a community? Just look at the catastrophic flooding in Houston, Texas last year. This is caused by the removal & demise of wetlands. When and if wetlands are reduced in their quality to perform and we get the 1 in 100 catastrophic storm where is that water going to be absorbed. We will be developing right up to the wetlands. The wetlands will be boxed in right up to Oldfield Rd Do you have any concerns of the genetic inbreeding that will occur? What about the edge effects of the amount of trash, plastics, pollutants, pesticides caused by building right up to the wetlands? Ron- AMEC Flood Risk – working on a stormwater system. What you will see is a plan that replicates the same system in place now. We will provide sufficient flood & erosion protection. Water balance – so wetlands will receive the same volume of water at the same time all year round. Shelley Inbreeding – the sight is isolated. Open up passage ways underneath the road for the slow moving species. Species are not moving from the corner of land. Genetic analysis has not been done. Kyle Hunt Edge Effects - highly disturbed area due to development surrounding already. Area already disturbed by previous agricultural practices with a high degree of invasive species established on sight not going to exacerbate the established site. Linda Manson Look at the laws – Provincial Policies Statement, NF Official Plan & Zoning By-law and how is has been contravened. Who is going to enforce these laws, I have 12 pages? This is piecemeal. Special Policy #56 – exemption from policies. Subject land should be placed in holding category in implementing ZBL to control further development in advance of further approval of the secondary plan. Have they demonstrated unconstrained areas thrurough environmental protection laws and proper planning. This has not been Page 240 of 566 3 done. When are they going to do the bat study? This can only be done in June. They did not do it in 2016 or 2017. Shelley Bats – no Hibernation sites are on the property, maternity habitats are being studied and a Habitat analysis is being done regarding cavities & peeling bark on the trees and mapping has been done. Surveys will be done in June. Kyle Hunt Unconstrained lands – working with MNRF and other agencies. On different levels of constrains depending on wildlife and species at risk. Looking at policies on these different levels. Very preliminary. John Barnsley Official Plan - Policy #56 The developer has applied for exemption from the Secondary Plan. We did not impose a site specific policy on this area because it is a smaller parcel of land. Carolyn Ioannoni What were the steps of approval? Linda Manson Would like to clarify my previous point. It was established by Policy #56 that environmental areas that had not been studied would be considered by Council and it is possible that areas identified as residential could be reclassified as EPA. John Barnsley We do not do the mapping. Alex In 2006 lands were identified as Industrial. No Policies were in place. We did not know about the wetlands. In 2007 we were going through our Growth Plan compliance with Council and an amendment was brought forward with OPA #81. We need additional land for housing. MNR set new boundaries for the wetlands and they were expanded. OPA #81 was appealed by John Bacher. We are working with the agencies. We believe we are working through our policy plans. Fiona Mirana I am on the Board of Directors of Council for the Unions and we study Free Trade. In 2012, Canada signed a Foreign Investment agreement with China to bring in their own workers from China for large Chinese developments. This is happening all over the country. They have been doing this for years. The people actually building this development may likely be locals but the permanent jobs created to work in the nursing home, retail shops etc. will be filled by Chinese Nationals. If Council has not told you that, then they are not being honest with you. This development is for the rich foreign investors to make money. This is not a big job opportunity for Niagara. Niagara Falls has to look at what they are losing. Anastasia Became a Canadian Citizen 4 years ago. Feels this development is a great opportunity for jobs and that the developer is doing everything to protect the wetlands. I don’t want my children to leave Niagara to find a job. This is a great opportunity for Niagara Falls. Gary King I am looking for guarantees for the next 5 to 10 years. Is there a multi-million dollar bond the developer has to put up in case the projections they have made don’t get done. David (Legal Council) Very common practice for securities to be placed in subdivision agreements. Plan of subdivision has conditions and must be satisfied before registered including Letters of Credit, Zoning must be approved and complied with before building permits are Page 241 of 566 4 issued. As legal Council for the developer we will ensure everthing is followed to a “T”. Ron (AMEC) With every approval for stormwater management you have to go thru Provincial permit process, MNR, NPCA, MOECC, with conditions of system being monitored with an adaptive monitoring system. Derick Jones What percentage of the development will be affordable housing? Prior to going forward with this development how many other sites were studied and considered? John Hendricks We are still in the stage of finding out what is developable. Density has not yet been determined. Cannot answer the affordable housing question at this time. Cannot answer the question of other sites being considered. Clark Have only heard one benefit from this project which is jobs. How many full time permanent jobs with benefits will this project provide. Will there be a Biotech Research facility which was stated. Alex we are providing land within this development for employment. We have Business development that goes nationwide seeking investors. There maybe a research facility. John Hendricks Cannot give exact number of jobs. We have to find out how much of the land is developable. The Natural heritage land will be protected ( over 200 acres). There will be a mix use area and industrial area. Rose McCormick In the EIS, if lands were left alone what would they look like in 50-100-200 years from now? Kyle Hunt Very Speculative question. We do know that the vegetation would continue to succeed into mature vegetation forms and shrubs into forests. Taylor Here to speak more about the wildlife & building roads for wildlife to go over. Buffer zones. Kyle Hunt Wildlife crossing - On Dorchester Rd no proposal to build roads but within development footprint we are proposing to put in wildlife crossings. Buffers are one component of mitigation strategy. Fencing or types of vegetation. Trying to reduce impact of people trampling on vegetation and this is where fencing would work better. We have to study each area to figure out the mitigation strategy. Dino Fazzio It seems that people have made up their minds about the project. There are so many more studies to be done and I don’t’ think that MNR & Council are going to ignore all these concerns. Desmond Serious creditability problem with the developer. I am just a lay person. You want this project to go ahead. I don’t! Laws will be manipulated to go ahead with this project.. You can dazzle me with your brilliance; I do not pretend to understand everything. Because of the scientific and human benefits that can be obtained by the way it is now. Economical value by maintaining the way it is. Page 242 of 566 5 Olivia Regarding jobs. It has been said that they will bring in all Chinese people to do the work. Do you know what is involved in getting work permits to come to Canada? It is not easy. Owen Niagara Region has lost 90% of its wetlands, they are gone. I am not anti- development this is a core location site. Were other sites considered? Why is this the best location? Alex I do not know why people invest in the lands that they do. Yes there are other lands that are developable. In 2007 Council recognized that more additional residential lands were needed and these lands were designated residential. John Bacher History of site. Comments were made if land had remained Industrial no one would know about the deer. NEC in I977 showed the land as a significant wildlife habitat and identified as a deer yard. 120 acre encompasses the deer yard. Later studies 1990 The Brady Report showed as candidate for significant ESA. The City has an excellent Urban tree study and worthy of protection. Savanta tries to deny this. An intent to have a residential subdivision on Oldfield Rd and City Council turned it down. Mountainview homes cut trees down on 35 acres. Before the trees were cut there were no fragmities there, now they will come in. Page 243 of 566 Planning and Development Services 1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7 905-980-6000 Toll-free: 1-800-263-7215 ______________________________________________________________________ April 5, 2018 File: D.10.04.OPA-17-025 By Email Only Mr. John Barnsley, MSc, MCIP, RPP Manager of Policy Planning City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Barnsley: RE: Provincial and Regional Comments Application for Official Plan Amendment Address: 8100 Dorchester Road (Dorchester Road and Chippawa Parkway), Niagara Falls Proposal: Mixed Residential/Commercial Development (Riverfront Community) Owner: GR(CAN) Investments Co. Ltd. Applicant: Aird & Berlis LLP Agent: Niagara Planning Group (NPG) Inc. Your File: AM-2017-015 Regional Development Planning staff has reviewed the information circulated with the application for Official Plan Amendment (OPA) for lands to the north east of Dorchester Road and Chippawa Parkway in the City of Niagara Falls. The OPA is proposed to facilitate development of Phase 1 of a mixed residential/commercial development known as the Riverfront Community. The Phase 1 lands are currently designated Residential and Environmental Protection Area and identified as Special Policy Area (SPA) #56 in the City’s Official Plan. The applicant is requesting the Special Policy Area be amended to permit the proposed development through area specific designations, as illustrated on Schedule C dated March 2018 (received by email on March 28, 2018), and a detailed policy framework (draft OPA dated March 28, 2018). A presentation meeting was held on August 3, 2017, at Niagara Falls City Hall with the applicant, their agent and consultants, as well as staff from the Ministry of Natural Resources and Forestry (MNRF), Niagara Peninsula Conservation Authority (NPCA), Niagara Region and City of Niagara Falls. A Public Information Meeting was held on November 20, 2017, and an Open House Meeting on January 24, 2018. No statutory Public Meeting has been held as of the date of this letter. Page 244 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 2 of 9 As outlined below, Regional staff provides the following detailed comments to execute Regional Council’s Strategic Priority to Do Business Differently. By commenting on conformity with Provincial and Regional policy, the Region maintains accountability to the public and improves transparency, and aims to assist the City in their consideration of the application from a Provincial and Regional perspective. Provincial and Regional Policies The subject lands are located within a Settlement Area under the 2014 Provincial Policy Statement (PPS) and the majority of the lands are designated Greenfield under the 2017 Places to Grow Plan for the Greater Golden Horseshoe (Growth Plan). The PPS directs growth to settlement areas, and encourages the efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The Growth Plan contains policies that call for development in Greenfield areas to be planned, designated, zoned and designed in a manner that supports the achievement of complete communities, supports active transportation and encourages the integration and sustained viability of transit services. The Growth Plan provides direction for minimum density target for designated Greenfield Areas (50 residents and jobs per hectare for Niagara). Based on the information outlined on the application form, the proposed development will exceed the 50 residents and jobs per hectare, which conforms to the Growth Plan. The subject land is designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are permitted generally within the Urban Area designation, subject to the availability of adequate muni cipal services and infrastructure. The ROP promotes higher density development in Urban Areas and supports growth that contributes to the overall goal of providing a sufficient supply of housing that is affordable, accessible, and suited to the needs of a variety of households and income groups in Niagara. The Planning Justification Report, prepared by Niagara Planning Group (September 29, 2017, submitted with the application indicates the proposed plan will provide approximately 1,117 dwelling units, including 238 seniors units, 500 hotel units and approximately 1,800-2,800 jobs on 48.6 hectares of land. The proposal will make more efficient use of urban serviced land and existing infrastructure, and provide alternative land uses in the area. Additional comments on alignment with Provincial and Regional policies from an environmental, land use compatibility perspective are provided below. Core Natural Heritage / Environmental Impact Study The proposed OPA lands, while within the Urban Area, are situated next to a core natural heritage system that has been examined as part of a larger study area , including lands outside of the OPA boundary. The OPA area itself contains natural heritage features mapped in the Regional Official Plan and regulated by Provincial and Regional policies. The assessment of the proposed OPA relative to Provincial and Regional Page 245 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 3 of 9 planning policies was an important component of the OPA review. In this regard, an Environmental Impact Study, prepared by Savanta (September 2017) (the EIS), was submitted with the application. Following questions raised by circulated agencies, an EIS Addendum, also prepared by Savanta (dated March 2018) was submitted by email. In accordance with the protocol between the Region and the NPCA relative to the transfer of natural heritage review back to the Region , the NPCA has reviewed and provided comments related to impacts on the natural environment on this application. Regional staff has reviewed the comments from the NPCA and concurs with the Provincial/Regional natural heritage policy interpretation. Please refer to comments provided by the NPCA for any issues with the application from an environmental perspective, to address compliance with the PPS and the Region’s environmental policies. Mixed Use Designation Regional staff is supportive of the provision of a Mixed Use area/designation within the OPA as a means of creating a complete community. Regional staff notes that Policy 13.56.8.2.9.3 would allow stand-alone residential uses. In order to ensure the development of the Mixed Use area as a complete community, Regional staff recommends the inclusion of a policy to require a minimum threshold of non -residential uses within this designation. Land Use Compatibility The PPS calls for a coordinated, integrated and comprehensive approach to land use planning matters. Specifically, sensitive land uses are to be planned to “ensure they are appropriately designed, buffered and/or separated from each other to prevent or mitigate adverse effects from odour, noise and other contaminants, minimize risk to public health and safety…” (Policy 1.2.6.1). To implement this policy, the Ministry of Environment and Climate Change (MOECC) Land Use Planning Policy guidelines (the guidelines) are to be applied in the land use planning process to prevent or minimize future land use problems due to the encroachment of sensitive land uses on industrial uses. Guideline D-1 “Land Use Compatibility Guidelines” and Guideline D-6 “Compatibility Between Industrial Facilities and Sensitive Land Uses” were considered in the review of this application. The MOECC’s Publications NPC-300 "Environment Noise Guidelines” is discussed in the next section of this letter under Noise Impacts. The development includes areas proposed for residential use, which is considered a ‘sensitive land use’ as outlined in the guidelines. The land is located in proximity to industrial uses. The D1 and D6 guidelines indicate that industrial land uses and sensitive land uses are normally incompatible due to possible adverse effects on sensitive land uses created by industrial operations in close proximity. The guidelines indicate that a sensitive land use should not be permitted closer than the specified minimum separation distance, unless impacts from industrial activities can be mitigated Page 246 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 4 of 9 to the level of “trivial impact (i.e. no adverse effects)”. The D-6 guidelines require that the minimum separation distance (MSD) be based on classification of use using a predictable “worst case scenario” using the permitted uses in the zoning by-law. The D6 guidelines acknowledge that it may not be possible to achieve the recommended MSD in areas where infilling, urban redevelopment and/or a transition to mixed use are taking place. In order to consider a reduction to the recommended MSD, justification through an impact assessment (i.e. a use specific evaluation of the industrial processes and the potential for off -site impacts on existing and proposed sensitive land uses), as detailed in Section 4.10 of the D6 guidelines, is required. Mitigation is the key to dealing with less than the minimum to the greatest extent possible. This is further discussed in the Noise and Vibration Feasibility Study and Air Quality Assessment sections below. An Air Quality, Noise and Vibration Feasibility Assessment version 2.0, prepared by RWDI (dated June 23, 2016), was submitted with the application to address land use compatibility concerns as a result of transportation noise and vibration from the CNR line that runs along through the centre of the property, as well as stationary noise and air quality impacts from nearby industrial uses. The assessment outlines required control measures between residential designations and Quality Ready-Mix, to mitigate impacts from noise and vibration, including: on-site barriers at Quality Ready Mix; or, off-site barriers and revised start time for Quality Ready Mix; or, off-site barriers only. The assessment also makes recommendations for optional considerations as a best practice, including (only those applicable to Phase 1): avoiding dust-sensitive land uses on the eastern portion of the site adjacent to Quality Ready-Mix; maintaining vegetative buffers between the Quality Ready-Mix property and the proposed development. The assessment was peer reviewed by WSP Canada Inc., and a response was provided by letter dated January 2, 2018, which was forwarded to the Agent. RWDI provided a response to the questions raised in the peer review by letter dated March 12, 2018, which was again reviewed by WSP Canada Inc. (response provided March 28, 2018). The peer review confirms that the current proposal (March 2018) is more conservative (i.e. development is now located further from potential nuisance sources) than the plan assessed as part of the original Feasibility Assessment; however, recommends that further detailed studies be complete based on final development plans, which is consistent with the recommendation in the RWDI response letter (March 12, 2018). WSP confirmed that feasibility of the development has been demonstrated. Policy 13.56.8.7.4 of the draft OPA addresses the requirement for air quality and noise studies; however, Regional staff recommends that this be refined to say: Page 247 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 5 of 9 “Detailed air quality, noise and vibration studies will be required for any development for a sensitive land use proposed near a major facility such as a transportation corridor, industrial use, sewage or water treatment facility or pumping station, as part of subsequent Planning Act applications, including Zoning By-law Amendments, Draft Plans of Subdivision or Condominium, or Site Plan Approval” . Regional staff also notes that Policies 13.5.8.2.5.3, 13.56.8.2.6.4, 13.5.8.2.7.4 and 13.56.8.2.8.4 reference a distance of 75 metres for noise mitigation from the rail line; this should be changed to 300 metres in accordance with the Environmental Noise Guidelines (NPC-300) and the Guidelines for New Development in Proximity to Railway Operations. Vibration assessment is required for sensitive land uses within 75 metres of a rail line. Archaeological Resources The PPS and ROP provide direction for the conservation of significant cultural heritage and archaeological resources. Specifically, Policy 10.C.2.1.13 of the ROP states that, “ddevelopment and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation on site.” The lands have high potential for discovery of archaeological resources as a result of their proximity to the Welland River and 5 registered archaeological sites, one of which is located within the Phase 1 lands. A Stage 1-2 Archaeological Assessment, prepared by Amec Foster Wheeler (dated 27 May 2016) was submitted with the application. The assessment identifies one archaeological site (AgGs-387) that falls within the Phase 1 area, which warrants further Stage 3 study. Policy 13.56.8.7.6 of the draft OPA includes direction to indicate a Stage 3 assessment will be required to be submitted for any lands within 50m of the site (the monitoring zone), as recommended by the licensed archaeologist. As such, Regional staff is satisfied from an archaeological perspective. Environmental Site Assessment / Record of Site Condition Based on a review of Municipal Property Assessment Corporation (MPAC) data, the property was last used for industrial purposes. This information was conveyed to the City through the original Thundering Waters Secondary Plan process , and the applicants were advised that a Record of Site Condition (RSC) must be filed on the Ministry of Environment and Climate Change’s (MOECC) Brownf ields Environmental Site Registry prior to any change in land use to a more sensitive use (i.e. industrial to residential), iin accordance with O. Reg. 153/04 and 511/09. A Phase Two Environmental Site Assessment, prepared by Amec Foster Wheeler (dated April 27, 2017) (Phase 2 ESA), was submitted with the application. The Phase 2 Page 248 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 6 of 9 ESA covers the original Thundering Waters Secondary Plan boundary, which extends beyond the area subject to the current application. The Phase 2 ESA identified areas of impacted soil above the Table 1 Site Condition Standards, and indicates further work is required before a RSC can be filed. Policy 13.56.8.2.11.19 addresses the requirement for an RSC; however, it should be relocated to the Implementation section of the OPA . Regional Engineering Servicing We have reviewed the Amec Foster Wheeler – Infrastructure Requirements dated September 28, 2017 (Rev. 2) and Amec Foster Wheeler – Memo: Riverfront Community OPA – Wastewater Servicing Consideration / Clarifications for Region and Niagara and the City of Niagara Falls dated March 26, 2018. In July 2016, the City and Region had a peer review and technical memo for the Niagara Falls Thundering Waters Development Functional Servicing Study (AMEC, June 2106) completed by GM Blue Plan (see Appendix 3). Although the population has slightly decreased from the 2016 review to the current proposal, the main points of the GM Blue Plan memo are still relevant. Sanitary Sewer For this submission only Phase 1 of the development was reviewed for capacity in the system. From this report it is assumed that the ultimate build-out noted on Page 5 is only for the Riverfront Community; this should be confirmed in future reports. The updated memo clarifies that 63 L/sec is only for Phase 1 of the Riverfront Community Development. The report under Section 3.2 notes that the 2014 baseline Peak Wet Weather Flow (PWWF) at the High Lift Station is 436.3 L/sec. This number is only the PWWF in the South Side High Lift catchment and did not include the other upstream sewage pumping station catchments (South Side Low Lift, Garner Road, Oakwood Dr., Grassy Brook). When all the other catchments that also reach the South Side High Lift Station are added, the current calculated PWWF at the High Lift Station is actually 725.7 L/sec. The total catchment information can be found in 4.F.12 table in the Regions Master Servicing Plan (MSP). The updated memo has addressed this concern. The report should be updated to reflect the total catchment area flow with the proposed flows from the Riverfront Community and an interim servicing strategy to accommodate this development. Based on this information, there is dry weather flow capacity at the South Side High Lift station; however, during wet weather flow events the station is already at capacity. In the recently completed Regional 2016 Water & Wastewater Page 249 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 7 of 9 Master Servicing Plan (MSP), a project was identified to construct a new Waste Water Treatment Plant (WWTP) in South Niagara Falls to accommodate the anticipated growth in south Niagara Falls. Additionally, a project was identified to address the wet weather management in Niagara Falls. Currently the Region and City will be working together on a Servicing Strategy for development in South Niagara Falls to support and approve some development in the interim before the new WWTP is constructed. Concepts of how future servicing will reach the new WWTP will be important to make sure that there is an efficient servicing plan to accommodate new development as well as transition to the new WWTP. The memo states that at the future subdivision stages the design mitigation strategies /opportunities will have to be reviewed with development proponents. The proposed concept of servicing the development with a pumping station and forcemain to an extension of the Region trunk sewer is an acceptable concept. As noted at previous meetings, the Region would like to minimize the number of pumping stations required in this area. Therefore during the detailed design adequate allowances and consideration for future resizing/upgrades to accommodate additional development flows must be provided. Along with this any additional requirements that are required by the Servicing Strategy that will be developed will need to be incorporated into the final designs. Regional staff will be involved in the design of the pumping station and design guidelines for Pumping Stations will be provided to the consultant. Regional staff will work with the consultant to determine the pumping station design flowrate. Regional staff supports the provision of Policies 13.56.8.4.2.1-10 to address the sanitary sewer requirements as part of future planning applications. Water From the previous analysis the existing water system can accommodate the proposed development. It was noted in the MSP that due to all the development in South Niagara Falls a new trunk main may be required so as noted in the report we will work with the design consultant to ensure that these projects are coordinated. Stormwater This section was not reviewed by the Region as there is no Regional Infrastructure in the area. In accordance with the Memorandum of Understanding (MOU) and the protocol between the Region and the NPCA, the NPCA is responsible for the review and comment related to stormwater management (SWM) on all planning applications. Regional staff has reviewed the comments from the NPCA and agrees with their conclusions/requirements Page 250 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 8 of 9 related to SWM. Please refer to comments provided by the NPCA for any SWM requirements. Traffic The Region has reviewed the recently submitted Riverfront Community Transportation Assessment, prepared by Paradigm (dated March 2018) and generally finds the overall recommendations of the report are acceptable to the Region for the Official Plan Amendment. There have been discussions, meetings and correspondence with City staff, Regional staff, and the proponent’s consultan ts, about the intersection of Chippawa Parkway and Stanley Avenue and the potential improvements based on Phase 1 of this development. The current Official Plan policies address the future requirements based on the Traffic Impact Assessment (TIA) for Phas e 1. However, Regional staff recommends that the first sentence of Policy 13.56.8.4.4.7 be refined to state: “The construction of a bridge across either the OPG canal or the Welland River is not required prior to the completion of the development of Phase 1 of Riverfront Community, based on the findings of the current transportation assessment. This is conditional on the land use densities proposed not increasing beyond what was analyzed in the current transportation assessment. Future development applications that increase the density within the OPA boundary, or for lands outside of the current OPA, will require submission of a Transportation Impact Study to address the needs for the crossing….” As a condition of future Draft Plan of Subdivision applications within the OPA lands, the Region will require traffic monitoring and potential improvements at the Chippawa Parkway and Stanley Avenue intersection. In an effort to coordinate the potential improvements, the Region will request that during the subdivision application process, notices will identify that potential improvements may be required for this intersection to address the EA public notice requirements. The Region will include two draft plan conditions to address these matters: (1) a condition requiring traffic monitoring of this intersection; and, (2) if the traffic monitoring results in required improvements, the developer will be required to enter into a legal agreement for the improvements to be completed by the developer. It is acknowledged that the traffic monitoring may result in no improvements required; however, after much review, it was determined that this would be the best approach moving forward with the future draft plan of subdivision for Phase 1. This additional information has been provided to capture the results of discussion and meetings with the City, Region, and applicant’s consultants. Regional Bicycle Network The subject lands abut Chippawa Parkway and Dorchester Road, which are designated as part of the Regional Bicycling Network. As Niagara Region promotes the use of active transportation, Regional staff recommends that the OPA incorporate policy Page 251 of 566 D.10.04.OPA-17-025 April 5, 2018 Page 9 of 9 direction to encourage active transportation provisions are part of any detailed plans for the development moving forward. Regional Development Charges – Brownfield Redevelopment Certain portions of the proposed development (i.e. that meet the definition of Brownfield) may be eligible for exemptions from Regional Development Charges. The applicant is encouraged to review the Regional Development Charge By-law 2017-98, as amended. The By-law can be found at: https://www.niagararegion.ca/government/bylaws/pdf/2017/By-law-No-2017-98.pdf. Conclusion In conclusion, revisions to the draft Official Plan Amendment can be made to address Regional and NPCA comments in order to address Provincial and Regional policies and the Strategic Priorities of Regional Council. Provided the Region receives a revised OPA that addresses all of the comments, the Official Plan Amendment can be exempt from Regional Council approval in accordance with Policy 14.E.7/14.E.8 of the Regional Official Plan and the Memorandum of Understanding. Confirmation on exemption will be provided upon receipt and review of the revised OPA. Should you have any questions concerning the above noted comments, please contact Britney Fricke, MCIP, RPP, at extension 3518 or Dave Heyworth, MCIP, RPP, at extension 3476. Sincerely, Britney Fricke, MCIP, RPP Dave Heyworth, MCIP, RPP Development Planner Official Plan-Policy Consultant cc: Ms. Susan Dunsmore, P. Eng., Development Engineer (Niagara Region) Mr. David Deluce, MCIP, RPP, Acting Manager, Plan Review & Regulations (NPCA) Ms. Lee-Ann Hamilton, Supervisor, Watershed Biology (NPCA) Mr. John Henricks, MCIP, RPP, Niagara Planning Group (NPG) Inc. (Agent) Page 252 of 566 Page 253 of 566 Page 254 of 566 Page 255 of 566 Page 256 of 566 Page 257 of 566 Page 258 of 566 Page 259 of 566 Page 260 of 566 Page 261 of 566 APPENDIX 7 Hi John, Further to our phone conversation, the NPCA has no objection to your approach as it still provides the required level of protection. If you have any questions, please let me know. Regards, David Deluce, MCIP, RPP Acting Manager, Plan Review & Regulations Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland, Ontario, L3C 3W2 905-788-3135 ext. 224 ddeluce@npca.ca Page 262 of 566 Ministry of Natural Ministère des Richesses Resources and Forestry naturelles et des Forêts Guelph District Telephone: (519) 826-4955 1 Stone Road West Facsimile: (519) 826-4929 Guelph, Ontario N1G 4Y2 1 | P a g e April 30, 2018 John Barnsley, MSc, RPP, MCIP Manager of Policy Planning Planning, Building and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Riverfront Community Official Plan Amendment Application #117 City of Niagara Falls, Niagara Region Ministry of Natural Resources and Forestry Comments Dear Mr. Barnsley, The Ministry of Natural Resources and Forestry (MNRF) Guelph District Office has received the Riverfront Community Private Official Plan Amendment (OPA) Application and supporting documents studies for technical review, including: An Information Gathering Form (IGF) submitted January 23, 2018 Significant Wildlife Habitat Mapping submitted January 20, 2018 Proposed Significant Deer Wintering Area mapping submitted March 7, 2018 Riverfront Community OPA EIS Addendum, March 2018 Draft Riverfront Community Private Official Plan Amendment March 26, 2018 Schedule G – Riverfront Community OPA, March 2018 MNRF staff has reviewed these documents and we offer the following comments for your consideration. It is recommended that these comments be considered in combination with our previous correspondence: MNRF Comments to the Region of Niagara, August 19, 2016 MNRF Comments to the City of Niagara Falls, December 11, 2017 MNRF Comments on the draft EIS Addendum submitted in support of the OPA application, January 15, 2018 Deer wintering habitat mapping: The MNRF has reviewed the mapping provided by Savanta on March 7, 2018, for the deer wintering habitat. The MNRF supports the approach taken of including all contiguous ELC Page 263 of 566 2 | P a g e communities listed in the Significant Wildlife Habitat Technical Guide for Ecoregion 7E south of the railway and Conrail drain as deer wintering habitat. EIS Addendum: Bats: Page 11 of the EIS Addendum states: “The biology of tree-roosting bats is such that maternity roost sites are frequently changed from tree to tree over the duration of the maternity season, sometimes as frequently as every night.” Please provide the source for this information, as other published literature seems to suggest a high level of site fidelity to maternity roosts in Myotis, and stress related to exclusion or removal of preferred maternity roosts in Big Brown Bat and Little Brown Myotis. For example, Brittingham and Williams (2000, Wildlife Society Bulletin) report that when bats are excluded from attics and provided with bat boxes, that, “exclusion causes stress among displaced bats and there is some evidence of mortality and reduced reproductive succes s associated with this procedure.” Table 4, line 033 states that “Savanta will consult with MNRF on the acoustic monitoring methods planned for 2018.” MNRF staff requests that the proposed methodology be provided to us well in advance of the anticipated field season to allow sufficient time to review the proposal. Wetlands: There are a number of comments in Table 4 (responding to MNRF’s December 11, 2017, and January 15, 2018 letters) of the EIS Addendum that note continued concerns with the Ontario Wetland Evaluation System (OWES). This discussion is beyond the scope of this review, and as such, MNRF staff is providing comments under the current policy structure, which states that development and site alteration in Provincially Significant Wetlands is not per mitted. Based on the proposed Schedule G, it appears that mixed use, low/medium density and high density residential uses are proposed within PSWs. MNRF reiterates the following comments from previous correspondence (dated December 12, 2017): Policy 2.1.4 of the 2014 PPS provides direction that there shall be no development or site alteration within PSWs in southern Ontario. We also note that in order to revise the boundaries of a PSW, all wetland evaluations must be reviewed and confirmed by MNRF staff before they are considered complete and ‘official’ (i.e. the wetland status may be used to make land use planning decisions). It is recommended that the proponent consult OWES and contact MNRF staff in order to move forward with any recommended changes to the Niagara Falls Slough Forest Wetland Complex PSW boundaries. Page 264 of 566 3 | P a g e ELC Refinement: Page 8 of the EIS addendum states that Google Earth 3D imagery was used to visualize canopy characteristics. MNRF staff has concerns with this approach, as no metadata have be en provided to indicate the accuracy of the Z value in the dataset used to generate the imagery. Ground truthing to confirm boundary changes are recommended to validate these analyses. We have a few questions of clarification regarding the methods and sources of elevation data: Was the elevation data satellite based, digital air photo based or LiDAR (Light Detection And Ranging) based? Is there a reported precision and accuracy associated with the data? Was the model used a representation of top of veget ation canopy or bare earth? Response to Table 4 of the Appendix In Table 4 of the Appendix, line 007 requests that MNRF provide location information for black gum (Nyssa sylvatica). Locations are: Biological Info Location Accuracy UTM zone Easting Northing 4 trees Within 10 metres 17 654262 4768952 2 trees Within 10 metres 17 654257 4768961 2 trees Within 10 metres 17 654252 4768980 3 trees Within 10 metres 17 654275 4768971 Within 10 metres 17 654277 4768937 1 tree Within 10 metres 17 654260 4768919 In the last column of Line 035 of Table 4, the text states, “Savanta requests any record of ‘Northern Map Turtle or Snapping Turtle’ that exists with the MNRF. The applicant’s consulting team has no record of Northern Map Turtle from the study area.” For clarification, the comment from the MNRF states that the criteria for significance are: one or more Northern Map Turtle OR Snapping Turtle nesting on site. Snapping turtles have been confirmed on site by Savanta, even if nesting has not been confirmed to date. In addition, at the interagency meeting on January 26, 2018, MNRF staff requested that data be provided on the locations where soil testing was conducted in order to conclude that soils were not suitable for nesting. To date MNRF has not received this information. Information Gathering Form MNRF identified at our meeting on January 26, 2018 that the Information Gathering Form (IGF) submitted did not include any information in Table 4, which outlines how proposed activities will affect species at risk and their habitat. The information normally contained in Table 4 is important to MNRF to determine whether a proposed activity is likely to contravene Page 265 of 566 4 | P a g e subsections 9(1) or 10(1) of the Endangered Species Act 2007 (ESA 2007). MNRF will need to receive a completed Table 4 of the IGF in order to assist MNRF in assessing the proposal. Dense Blazingstar Prior to being able to assess whether the proposed development is likely to result in a contravention of the Endangered Species Act, 2007, (ESA 2007) additional information will be required on the nature of the activities. From the figure provided, it appears as though the Land Use Concept is outside of the current occurrence of Dense Blazingstar. MNRF recommends mapping the area around the Dense Blazingstar where the grassland species occur. This information will determine the extent of habitat for Dense Blazingstar that would need to be considered under the ESA 2007. In addition, information should be provided in Table 4 to indicate what activities could affect the population. Until land uses are clarified it is not possible to determine whether an authorization will be required under the ESA 2007. Kentucky Coffee-tree Table 2 in the IGF states that site visits were completed by Dougan and Associates in 2 015, that Savanta staff also surveyed for this species in 2017, and surveys are complete. However, Table 3 of the IGF, which summarizes the species at risk and habitat on site identifies that the number of individuals and description of habitat features ar e “to be determined.” This would imply that surveys are incomplete at this time. Either Table 3 should be revised to include the data from the surveys in 2015 and 2017, or further surveys should be conducted to gather the information to complete Table 3. The figure provided indicates that the Kentucky Coffee -tree occurrence is within the Land Use Concept. However, the Information Gathering Form submitted lacks sufficient detail on the activities that could have adverse effects on Kentucky Coffee -tree. As per our comments above for Dense Blazingstar, this information would be required prior to determining whether the proposal would contravene the ESA 2007. Species at Risk Bats As discussed above in the comments on the EIS Addendum, MNRF will continue to w ork with the proponent to determine what would be required to avoid adverse effects to bat species at risk and their habitat. We acknowledge that habitat mapping for bat species at risk will be provided upon completion and analysis of acoustic monitoring d ata that will be completed in June 2018. Page 266 of 566 5 | P a g e Draft Riverfront Community Private Official Plan Amendment March 26, 2018 A number of statements in the OPA refer to ‘key wetland features .’ It is unclear what ‘key wetland features’ are – are these different than Provincially Significant Wetlands as confirmed on site by MNRF? In addition, objective b) on page 6 states: “to maintain and improve the hydrologic function of protected wetlands;” but it is unclear what this means, as development and site alteration is not permitted in PSWs. It would be appreciated if these objectives could be clarified in the context of provincial policy . Principle 4, objective c) notes the integration of the Con Rail drain into the design of the community as a receiver of treated storm water drainage. MNRF would appreciate clarification if this approach will have any impacts on adjacent Provincially Significant Wetlands, and if any stormwater management is proposed in PSWs on site. Closing The MNRF appreciates the opportunity to review and provide comments on the Riverfront Community EIS, draft Official Plan Amendment and Schedule G. Based on our review, it appears that the EIS and IGF are still not in a position to fully inform the development of a land use plan and future development at this time. We would be happy to provide further clarification if needed and participate in meetings as appropriate. Regards, Tara McKenna District Planner Ministry of Natural Resources and Forestry, Guelph District 1 Stone Road West Guelph ON, N1G 4Y2 (P) 519-826-4912 (F) 519-826-4929 email: tara.mckenna@ontario.ca cc: Joad Durst, MNRF Ian Thornton, MNRF Page 267 of 566 6 | P a g e Elizabeth Reimer, MNRF Darryl Lyons, MMA Lee-Ann Hamilton, NPCA Britney Williamson, Region of Niagara Page 268 of 566 4999 Victoria Avenue, Niagara Falls, ON L2E 4C9 Riverfront Community Private OPA March 26, 2018 APPENDIX 9 Page 269 of 566 Riverfront Community Private OPA 2 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following text and attached maps, constitute Amendment No. 117 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES i. The Official Plan is amended by adding Schedule G - “SP 56” to illustrate land use designations for lands described as Riverfront Community as shown on the map attached entitled “Map 1 to Amendment No. 117”. 2. TEXT CHANGES i. PART 2 – LAND USE POLICIES, SECTION 13 – SPECIAL POLICIES AREAS is amended by: a. Amending the text within Section 13.56 Special Policy Area “56” by adding policy 13.56.1.2 and adding Section 13.56.8. Page 270 of 566 Riverfront Community Private OPA 3 PART 3 – OFFICIAL PLAN AMENDMENT (OPA) 117 SECTION 1 – RIverfront Community Plan PREAMBLE This amendment is intended to provide a detailed land use plan for the development of the lands identified on Map 1 of this amendment as "Riverfront Community” within Special Policy Area #56, as shown on Schedule A-4 to the Official Plan. It is also intended to allow for a Natural Heritage System designation for certain lands that lie outside "Riverfront Community" development limits tha t were subject to a comprehensive EIS, should City Council choose to do so based on that EIS. The balance of lands inside SPA #56 shall maintain their current land use designations and will be subject to further Official Plan Amendments (OPAs) and detailed Environmental Impact Studies (EISs) prior to consideration of any further development applications for those lands. The detailed land use plan for "Riverfront Community" will be added to the Official Plan as Schedule G – SPA #56. All other lands lie outside "Riverfront Community". Developed and appropriately designated sites within SPA #56 that propose development consistent with those Official Plan designations are not impacted by this amendment. The land affected by this amendment is recognized as Greenfield. There are industrial lands developed nearby to the north on Dorchester Road south of Oldfield Road. Other industrial lands are found east of the site in an area known as the Stanley Avenue Industrial Park. The land is located within a unique area in a strategic location in the City of Niagara Falls. The setting provides an opportunity to create a dynamic new community. It will meet the Growth Plan requirements and take advantage of its setting to provide an array of housing forms that will meet the needs of a variety of ages and households. With water courses to the south and west, nearby woodlots and wetlands, and a golf course next door, this is a tremendous opportunity to create an environmentally friendly, energy efficient “green” community that embraces the outdoors and offers a variety of active lifestyle opportunities. The boundaries of "Riverfront Community" are defined to limit development in a manner designed to better protect nearby key environmental features and wetlands while establishing a community core. When fully built-out, this community will include a mix of housing, employment, commercial services and community facilities as well as an integrated open space system that meets the needs of the residents and provides services that attract people from all over the world to live or to visit as part of their tourism experience in Niagara. This community will connect with the rest of the City and Page 271 of 566 Riverfront Community Private OPA 4 contribute to sustaining a fiscally vibrant economy for the City and Region. At build-out, "Riverfront Community" area is designed to accommodate, approximately: • 2675 people • 879 dwelling units • 238 Seniors' Units • 500 hotel units • 1800 - 2800 jobs These figures will exceed the minimum combined gross target density of 53 residents and jobs combined per hectare for designated Greenfield Areas established by the City’s Official Plan. The calculation of greenfield density excludes lands designated Environmental Protection Area. The following general principles and objectives establish the vision for the community as well as the framework for the subsequent policies. Development applications are intended to implement the vision and be consistent with the policies. Page 272 of 566 Riverfront Community Private OPA 5 PRINCIPLES AND OBJECTIVES The following principles and objectives are to be achieved in "Riverfront Community". 1. Principle – Create a Healthy, Complete Community "Riverfront Community" is designed to create a safe, livable, attractive, and healthy community that provides living, working, learning, recreational and community services opportunities. This community will be based on a balanced environment with linkages to the natural features that encourage healthy, active living and create a strong sense of community. Objectives (a) to create a vibrant, memorable community core which is focused on lively streets that provide residents and tourists with a multicultural setting and acts as the focal point and draw for the community; (b) to create an interconnected street system that is transit-supportive, comfortable and engaging for pedestrians and efficiently transports people and goods; (c) to provide for a range of residential, commercial, employment, institutional, community and retirement facilities and uses that meets the daily and weekly needs of residents and employees; (d) to create an interconnected system of parks, greenways, trails and open space linkages throughout the community that encourages active transportation and a healthy lifestyle and facilitates connections to nearby recreational opportunities; (e) to integrate into the existing context, protecting against and limiting conflicts with adjacent industrial uses by mitigating any potential environmental air quality, noise and vibration effects. 2. Principle – Create a Sustainable, Resilient, Green Community Much of the area surrounding "Riverfront Community" will be protected as part of a recommended Natural Heritage System (NHS) that includes provincially significant wetlands among other natural heritage features. Those features provide the core for a healthy and “green” commun ity structure designed to be developed in harmony with the environment. The community will draw inspiration from water both externally through visual connections to the Welland River and Ontario Power Generation (OPG) Canal and internally through the water features planned inside the urban core, such as proposed enhancements to the Con-Rail Drain. The community’s design strategies will embrace the Page 273 of 566 Riverfront Community Private OPA 6 outdoors and reflect “green” design and building strategies. Objectives (a) to sustain and enhance the natural environment through protection of key wetland features and associated buffers and promote opportunities for functional linkages of protected areas using a combination of natural corridors and green space and special features which are incorporated into the built form; (b) to maintain and improve the hydrologic function of protected wetlands; (c) to provide for views to natural areas, parks and open spaces as well as to the Welland River and OPG Canal where possible to assist in the creation of an unique sense of place; (d) to provide municipal services (water, wastewater and storm) to the satisfaction of the regulatory agencies, and apply storm water management best management practices, where appropriate, which mimic the natural hydrology of the area and protect water quality; (e) to promote travel by more sustainable and less environmentally harmful modes of transportation, such as walking and cycling and to facilitate the use of electric vehicles where feasible; (f) to preserve existing mature trees located outside of the environmental protection areas where possible and to integrate them into the built environment; and (g) to encourage environmentally sustainable development, construction an d servicing standards which consider climate change resiliency. 3. Principle - Create a Dynamic Residential Community To develop a dynamic residential community with its own special character that integrates with the established character of the Niagara Falls urban area and ensures land use compatibility with surrounding areas, while providing for a diverse range of housing types and densities that caters to people in all their life stages and allows for a range of affordability levels. Objectives (a) to ensure that the residential built form contains a range of low to high rise buildings in the Area and ensures an appropriate transition between housing types; Page 274 of 566 Riverfront Community Private OPA 7 (b) to meet the needs of residents of all ages including children, students, adults, and seniors, and ensure that development is accessible to all abilities; (c) to provide a range of affordability, consistent with targets established by Niagara Region; and (d) to develop neighbourhoods that each have a “sense of place” created by the design of the development, including the pedestrian orientation of the buildings and streetscapes, and the provision of parks and greenways which are designed to facilitate interaction. 4. Principle - Develop An Integrated Open Space System An integrated open space, greenways, Environmental Protection, and parkland system, which collectively forms the foundation for this “green” community, is a central feature. The road pattern is designed to provide accessibility to the open space system both physically and visually. Parks and greenways are also used as central “meeting places” for neighbourhoods and sub-neighbourhoods to increase the quality of life for residents. Objectives (a) to integrate parkland and key community features with the greenways and open space system; (b) to provide connected public open spaces throughout the community to enhance connectivity as well as provide view corridors; (c) to integrate the Con Rail drain into the design of the community as a receiver of treated storm water drainage as a c omponent of the storm water management systems and an aesthetic enhancement to the community; and (d) to ensure that development protects significant natural heritage features by providing appropriate separation distances and buffers; 5. Principle - Create Employment Opportunities with a Vibrant Local Economy Create opportunities for a vibrant local economy that provides local employment as part of this community. Objectives (a) to create a new community core located on Dorchester Road that Page 275 of 566 Riverfront Community Private OPA 8 provides for a variety of commercial, entertainment, health care and tourist facilities and to create new institutional facilities all of which provide various employment opportunities; (b) to achieve high quality urban design on commercial lands; and (c) to provide an efficient, integrated transportation network that connects employment and residential areas, maintains linkages to the greater community, accommodates the long-term travel needs of the area and supports all modes of transportation (walking, cycling and public transit). Page 276 of 566 Riverfront Community Private OPA 9 POLICIES 13.56.1.2 Notwithstanding that development is to occur in accordance with a Secondary Plan, approximately 48.6 hectares (120 acres) of land located in the south-west portion of this area where Dorchester Road and Chippawa Parkway meet, may be developed in advance of a Secondary Plan by way of a plan of subdivision in accordance with the policies contained in Part 2, Section 1.4, Residential and in Sections 13.56.8 below. These lands shall be described as "Riverfront Community". Lands identified for their Natural Heritage value to the City that lie outside the "Riverfront Community" boundary are not subject to this amendment. Nearby sites previously designated for development are also unaffected by this amendment. 13.56.8 Riverfront Community 13.56.8.1 General (a) The land use plan is illustrated on Schedule G to the Official Plan. Development is to be consistent with the land use pattern shown on Schedule G. Future local and collector road locations will be determined through individual plans of subdivision that implement this land use plan. (b) The following land use policies and designations are established for the Amendment Area and are shown on Schedule G. Any changes in land use designation from that shown on Schedule G shall require an amendment to this Plan. Residential, low/medium density; Residential, high density; and Mixed Use. The overall greenfield density target for "Riverfront Community" is a minimum of 80 combined residents and jobs per hectare. The density is calculated for the Gross Developable Land Area inside the OPA boundary. Gross Developable Land Area is the total Greenfield Area less the area of protected natural heritage features. Protected natural heritage features are those noted in Policy 13.56.8.2.11(5). The City will monitor densities to ensure the target density is achieved. Individual sites may be developed at densities lower than the minimum without amendment to this Plan if it is demonstrated through appropriate analysis using the approved land use plan that the overall greenfield target density will continue to be met within "Riverfront Page 277 of 566 Riverfront Community Private OPA 10 Community". (c) Notices will be included in subdivision agreement(s), condominium agreements, site plan agreement(s) and purchase and sale agreements where appropriate regarding the proximity of heavy industrial land uses and railway lines to residential dwellings and the possibility that noise and vibration from them may be discernable. (d) Home occupations will be permitted in accordance with the regulations contained within the Zoning By-law. (e) Second dwelling units may be permitted within single detached, semi- detached and townhouse dwellings to provide rental housing alternatives that can meet the needs of some of the City's residents. Appropriate standards for second dwelling units will be implemented through the Zoning By-law. Second dwelling units must also satisfy any other applicable regulations such as the Ontario Building Code. 1) Zoning regulations related to second units in residential zones shall include the following provisions: • only one principal dwelling unit plus the second unit shall be permitted on one lot; • the lot size and configuration shall be sufficient to accommodate adequate parking, green space and amenity areas for both units; • second units requiring building additions or substantial alterations to the principal dwelling will be designed to maintain the overall character of the principal dwelling and the neighbourhood; and • the establishment of a second dwelling unit is deemed to comply with the density requirements of this Plan. (f) Employment opportunities are necessary to create a complete community and therefore the provision of employment uses is an important component of the Plan. The focus for employment opportunities in "Riverfront Community" will be in the Mixed-Use designations. Other employment opportunities are planned for subsequent phases. 13.56.8.2 Land Use Residential design shall comply with the greenfield policies and density targets of the Growth Plan for the Greater Golden Horseshoe an d all applicable Growth Management Studies. The separation and buffering of Page 278 of 566 Riverfront Community Private OPA 11 sensitive land uses from existing rail lines and proximate industrial land uses will address City of Niagara Falls Official Plan facilities and designations in accordance with relevant Provincial and Regional policies and regulations and in consultation with industrial properties owners in the area. The availability of adequate municipal services including road, water, sanitary sewer and storm water management services including the location of a pumping station to service the southern portion of the subject lands shall be confirmed prior to registration of implementing subdivision plans. For the purposes of 13.56.2.1, the density targets for the Growth Plan for the Greater Golden Horseshoe (the “Growth Plan”) and all applicable Growth Management Studies will also apply to "Riverfront Community", notwithstanding that there are additional lands outside "Riverfront Community" that may have development potential. These density targets shall also apply to any future development phases as a combined calculation with "Riverfront Community". It is intended that all future development in this area will meet or exceed the density targets of the Growth Plan. 13.56.8.2.1 Overall Riverfront Community Growth Targets 1) Assuming an approximate gross land area of 48.6 Ha (120 acres) or 39 net hectares available for site development, the overall residential unit counts for "Riverfront Community" upon build out shall be no less than 1100 residential units, allowing for housing for between 2,100 and 3,300 residents. Implementing bylaws shall allow for a wide range of housing choices to ensure builders can respond to shifting market demands. 2) Overall job creation for "Riverfront Community" upon build out shall be no less than 1,800 jobs with potential for up to 2800 jobs. 3) Some flexibility in the implementation of these targets shall be permitted provided the overall growth target of not less than 80 residents and jobs combined per hectare is achieved. The ranges noted in policies (1) and (2) above allow for approximately 80 to 125 residents and jobs combined per hectare within Riverfront Community. 13.56.8.2.2 Residential, Low / Medium Density Lands designated Residential, Low / Medium Density as shown on Schedule G are intended to include a wide variety of housing forms. Generally, these can range from low density ground oriented units including single detached units, semi-detached, duplex and triplex dwellings to medium density units that include townhouses (on -street, Page 279 of 566 Riverfront Community Private OPA 12 stacked, and block), low-rise apartment buildings, and retirement homes (independent living, assisted living). 1) Development of Low Density housing forms should have a minimum net site density of 20 units per developable hectare. Maximum building heights will generally not exceed 2 storeys but may be 3 storeys. 2) Reverse lot frontage is strongly discouraged for all housing forms and building designs should minimize the visual impact of garage doors on the public streetscape. This may be addressed in the implementing bylaw by requiring garages to be setback behind the liveable portions of ground oriented dwellings, limiting garage widths as a percentage of the overall unit width, and by any other means Council deems appropriate to limit the visual impacts of garage do ors on public streetscapes. 3) Development of medium density housing forms shall generally have a minimum net site density of 35 – 45 units per hectare and a maximum net site density of 75 – 90 units per hectare, with building heights that generally do not exceed 4 storeys but may be considered to a maximum height of 6 storeys with appropriate architectural or urban design guidelines in place. 4) Development of Medium Density housing forms should be located near the open space system and/or a community centre to provide residents easy access to a variety of amenities. 5) Medium density housing forms should be designed with a pedestrian - oriented street frontage that locates buildings close to the street and provides front entrances that are visible from the street . Parking lots should be located within rear or interior side yards. Landscape buffers along any property line shall be designed to provide appropriate levels of screening. 6) Medium density sites should generally have direct vehicular access to a collector road, subject to site specific conditions and appropriately planned land use transitions that accommodate exceptions. 7) The overall development densities for lands designated Residential, Low / Medium Density shall be a minimum 20 units per hectare and a maximum density of 75 units per hectare. A higher maximum density may be considered without amendment to the Plan if appropriate design controls are in place and internal and external municipal services are sufficient to accommodate higher densities overall in "Riverfront Community". Page 280 of 566 Riverfront Community Private OPA 13 13.56.8.2.3 Residential, High Density 1) Lands designated Residential, High Density on Schedule G may include stacked townhouses, apartment buildings, and retirement and long-term care facilities. 2) Residential, high density shall generally be developed with minimum site densities of 75 units per net hectare. Notwithstanding this, dwelling types permitted in Residential, Medium Density may be permitted on a site-specific basis: i. within a development site to provide for a mix of housing if the overall density for the development meets the minimum for this designation; or ii. where justified by market conditions and the overall density target for "Riverfront Community" is not jeopardized. 3) Building heights shall not exceed twelve (12) storeys but should generally range between 4 and 10 storeys. 4) Buildings should be designed to contribute to a pedestrian -oriented, attractive streetscape with front entrances that are visible from the street. Each building may include, where appropriate, a “podium” that complements or enhances the streetscape that are set close to the street. Front and exterior side yard landscaping will complement the streetscape 5) Housing forms permitted in the Residential, Medium Density designation may be utilized along street front ages in combination with higher density apartment dwellings located internally. 6) Parking areas should be located within rear or interior side yards. Landscape buffers along all property lines shall be designed to provide appropriate levels of screening. Where a rear or exterior lot line or the rear or side building facade abuts a public road, enhanced landscaping and building treatments should be employed to ensure that building facades and servicing areas are attractive and/or appropriately screened from view. 13.56.8.2.4 Institutional Lands designated Institutional or lands under any of the Residential designations may be used for institutional uses that include public schools, Page 281 of 566 Riverfront Community Private OPA 14 private schools, places of worship, community centres and retirement homes and long-term care facilities. The permitted uses are subject to the following policies: 13.56.8.2.5 Private School, Recreational Facilities Private Schools and Recreational Facilities are to be designed in accordance with the following: 1) Institutional uses shall not have direct access onto a local road; 2) Parking areas should be located within rear or interior side yards; 3) Landscape buffers along any property line shall provide appropriate levels of screening; 4) Buildings should be constructed near the street frontage to provide a street presence; and 5) Where Institutional uses are located within 300 metres of lands designated Industrial or 75 metres of the railway line, appropriate building design and mitigation measures may be required to address noise and/or vibration issues. 13.56.8.2.6 Public Schools The need for publicly funded schools will be determined by the respective School Boards. The ultimate locations, if needed, will be guided by the following policies: 1) A public school site should be centrally located such that the majority of students are within an 800 metre radius to contribute to its walkability; 2) A public elementary school site shall have an area of approximately 2 hectares and be located with adequate frontage on at least one collector road; 3) A public school site should be integrated with the open space system; and 4) A public school site should be located away from lands designated Industrial and CP Rail line. If a public school is located within 300 metres of lands designated Industrial or 75 metres of the railwa y line, Page 282 of 566 Riverfront Community Private OPA 15 appropriate building design and mitigation measures may be required to address noise and/or vibration issues. 13.56.8.2.7 Places of Worship, Retirement Homes and Long-Term Care Places of worship, retirement homes and long-term care facilities are to be located and designed in accordance with the following: 1) Places of worship shall not have access onto a local road; 2) Parking areas should be located within rear or interior side yards; 3) Landscape buffers along any property line shall provide appropriate levels of screening; 4) Buildings should be close to the street frontage to provide a street presence; and 5) Places of worship, retirement homes and long-term care facilities should be located away from lands designated Industrial and CP Rail line. Where places of worship, retirement homes and long-term care facilities are located within 300 metres of employment uses or 75 metres of the railway line, appropriate building design and mitigation measures may be required to address noise and/or vibration issues. Places of worship may be integrated with Residential, Medium Density as part of an overall development that is primarily residential. 13.56.8.2.8 Community Centres Community centres may be permitted as either stand -alone buildings or integrated within a mixed-use building or other public facility such as a school and designed in accordance with the following: 1) Community centres are to be located on arterial or collector roads; 2) Parking areas should be located within rear or interior side yards. Landscape buffers along any property line shall provide appropriate levels of screening; 3) Buildings should be located close to the street to provide a street presence; and 4) Community centres shall be located away from lands designated Page 283 of 566 Riverfront Community Private OPA 16 Industrial. Where community centres are located within 300 metres of employment uses or 75 metres of the railway line, appropriate building design and mitigation measures may be required to addres s noise and/or vibration issues. 13.56.8.2.9 Mixed-Use The lands designated Mixed Use, as shown on Schedule G are generally located east of Dorchester Road north of the railway. One small area at the east end of the plan is also shown to further separate residential areas from the existing employment area east of Riverfront Community. 1) The Mixed-Use designation is intended to create a dynamic community core that serves the community’s needs and acts as a tourist draw providing a diverse range of uses in an attractive pedestrian oriented setting. The Mixed-Use designation will permit a variety of commercial (e.g. Retail, Hotel, Restaurants) and residential uses. 2) Buildings may be developed as mixed use or stand -alone commercial or residential uses. The area will be designed to include public squares which provide visual landmarks and public gathering opportunities and that are linked by walkways that extend to the greenways and open space areas where possible. The existing Con Rail drain will be enhanced as an open space feature that is attractively landscaped. 3) Building heights shall generally be a minimum of 2 storeys although 2 interior functional storeys may not be required up to a maximum of 12 storeys with building massing increased at major road intersections. Buildings will be designed and massed to frame streets and open spaces, enhance the public realm, and provide a comfortable pedestrian environment during all four seasons by ensuring adequate sunlight to public spaces and limiting uncomfortable wind conditions. 4) Sidewalks and public squares should be de signed to provide safe, attractive, well designed and coordinated landscaping, lighting and street furnishings that enhance the pedestrian experience. Public art may be added to public squares to provide further interest. 5) Parking areas should be provided in structures or in rear or interior side yards. Where a rear or exterior lot line or the rear or side building facade abuts a public road, enhanced landscaping and building treatments shall be employed to ensure that building facades and servicing areas are attractive and/or appropriately screened from view. 6) Commercial uses may be developed in the following manner: Page 284 of 566 Riverfront Community Private OPA 17 i. A range of uses will be permitted including retail, office, theatre, arts, entertainment, restaurant, hotel, tourist, time share, medical, he alth and wellness, recreational, cultural and personal service commercial uses; and ii. The maximum amount of retail floor space envisaged within retail stores in the Mixed-Use designation for "Riverfront Community" is 26,000 sq. metres. Individual retail stores will be limited to a size which reflects an urban scale of development and supports the pedestrian oriented built form. Large floor plate retail stores will not generally be permitted except where necessary to provide anchor stores and a supermarket that meets weekly needs. Provisions addressing the size of individual retail stores may be established in the Zoning By- law. 7) Residential uses may be developed in the following manner: i. Site densities for stand-alone residential buildings shall be a minimum of 75 units per net hectare; ii. Residential dwelling types are intended to include apartment buildings, and retirement and long-term care facilities; iii. Residential uses, except for lobbies and associated functions, should occupy floors above the ground floor in mixed use buildings; iv. Shared parking arrangements within mixed use buildings may be permitted on a site-specific basis, subject to a Parking Demand Analysis being submitted, as part of an application to amend the Zoning By-law, to the satisfaction of the Director of Transportation Services; and v. Outdoor amenity areas should be provided. 13.56.8.2.10 Open Space System The Open Space System, comprised of trails, greenways, parkland and the rechanneled Con Rail Drain, shall include parkland, trails a nd greenways and may be confirmed during the approval of individual draft plans of subdivision. 1) Neighbourhood parks should be a minimum of 2 hectares in size and may be for either active or passive recreation. The size of parkettes will be determined at the time of subdivision application. Page 285 of 566 Riverfront Community Private OPA 18 2) Individual plans of subdivision or condominium that provide a dedication of parkland should ensure that the park either has connections, or can be readily connected to, other components of the open space system. 3) Storm water management facilities and natural heritage features will not be accepted as parkland dedication. 4) Greenways provide both a recreational and utilitarian function. Accordingly, connections will be made to the road network as well as to the office business park and mixed use areas. 5) Trails and greenways should connect with the Regional Bicycle Network System. This System, part of the Regional Bikeways Master Plan, includes Dorchester Road; and Chippawa Creek Road in the Secondary Plan Area. 6) An Environmental Impact Study will be prepared when requested to the satisfaction of the City in consultation with Niagara Region and the Niagara Peninsula Conservation Authority for any trails that are planned to be extended into or adjacent to an area designated Environmental Protection Area. 13.56.8.2.11 Natural Heritage System and Environmental Protection Policies 1) The City recognizes that developing a Natural Heritage System (NHS) approach is the preferred method to protecting natural heritage features and their associated ecologic and hydrologic functions. A NHS approach recognizes the interdependence of natural herita ge features and their associated functions, and thus seeks to maintain connections among natural features, so that their existing ecologic and hydrologic functions are maintained or enhanced. 2) The NHS is comprised of the environmental features and associat ed buffers that the City shall protect and conserve. 3) The NHS is subject to the policies of Part 2, Section 11 Environmental Policies of the City of Niagara Falls Official Plan. 4) A NHS designation is not proposed with this OPA because the Core Natural Heritage Features lie outside the OPA boundaries. However, any Provincially Significant Wetland (PSW) determined to lie within the OPA boundary shall be protected by applying the relevant policies of Page 286 of 566 Riverfront Community Private OPA 19 this OPA and the parent Official Plan, including Section 11 Environmental Policies of the City of Niagara Falls Official Plan. 5) Deleted – see policy (11) below 6) The NHS is comprised of the following environmental components: i. Provincially Significant Wetlands; ii. Provincially Significant Woodlands; iii. Provincially Significant Valley lands; iv. Significant Wildlife Habitat attributes and functions, including habitat for species-at-risk and rare plant communities; v. Significant areas of natural and scientific interest (ANSI); vi. Hazard Lands; vii. Other natural heritage features (i.e. NPCA regulated wetlands, woodlands that are less than 4 hectares, treed slopes, and cultural habitat features); and viii. Enhancement/restoration areas. 7) Any environmental component noted above and recommended for development by an EIS may be subject to appropriate replacement, restoration, and/or enhancement measures being provided to the satisfaction of the relevant approval authority, in consultation with the City, Region and the Conservation Authority, and in accordance with the findings and recommendations of that, or any subsequent and applicable EIS. 8) Any environmental component that is approved for removal for development subject to an approved replacement, restoration, and/or enhancement program, such program will be confirmed through the execution of an appropriate agreement between the City and the owner. The agreement shall address the following: i. Provide for removal of certain environmental components within "Riverfront Community"; ii. Provide for enhancement, restoration, and/or replacement either on land within or outside "Riverfront Community"; Page 287 of 566 Riverfront Community Private OPA 20 iii. Identify replacement lands; iv. Describe the works related to environmental restoration, replacement, and/or enhancements and the timing of these works; v. Monitor the enhancement, replacement, and restoration works; and vi. Appropriate financial security provisions such as a Letter of Credit submitted to the City. 9) Environmental components shall include thirty (30) metre buffers to protect their ecologic and hydrologic functions if there are no other supporting studies available to inform buffer requirements . The thirty (30) metre buffer may be increased or decreased, based on further analysis carried out in subsequent Environmental Impact Studies applicable to subdivision and development applications within this OPA boundary. 10) All subdivision and development plans inside "Riverfront Community" shall respect the environmental components and associated buffers recommended in any relevant EIS. Specific buffer requirements may be further refined in accordance with the recommendations contained within this EIS or subsequent more detailed studies approved by the municipality in consultation with the Province, Region, and Conservation Authority. 11) The Official Plan’s current EPA designation is unaffected by this amendment. The boundaries of the OPA lie outside that designation, however, several small PSWs (i.e. less than 1 Ha in area) lie within the OPA boundary. In accordance with Section 11.2.3 of the City’s Official Plan (“the Official Plan shall be amended to appropriately reflect the areas to be protected”), these areas are identified on Schedule G and are to be subject to EPA policies. However, any subsequent removal or change in boundaries of these features by the appropriate authority shall be considered minor in nature and not require any further amendment to the Official Plan, as provided for in Section 11.2.3 . In those instances, and if there is no other environmental components affected on those lands, notwithstanding any existing Official Plan policy to the contrary, the affected lands shall then be subject to the underlying land use designation also reflected on Schedule G. Otherwise, the policies of the ECA designation will apply, including 11.2.27 of the Official Plan. If development is then proposed on the affected lands, implementing measures can be addressed as part of conditions of site development, condominium, subdivision, or other planning instruments including holding (H) symbols as appropriate, Page 288 of 566 Riverfront Community Private OPA 21 subject to the findings of an appropriately scoped EIS. 12) Development within Conservation Authority regulated wetlands within the OPA boundary may be permitted based on the findings and subject to the conditions of any relevant EIS. These requirements may be further refined through new Environmental Impact Studies submitted in support of subdivision or condominium applications. 13) Linkages and natural corridors will be provided in accordance with the findings of any relevant EIS at locations intended to facilitate species movement and maintain biodiversity. The linkages may include both anthropogenic corridors provided by parks and open space areas as well as natural corridors. The width of the linkage s should be a minimum of 50 metres wide but the specific location, width, function and implementation details of all linkages and natural corridors will be addressed through an approved Environmental Impact Study at the subdivision or condominium approval stage. 14) The Con-Rail Drain may be enhanced to improve its ecological and aesthetic function. 15) Conservation measures permitted in accordance with Section 11.2.14 b) may include Low Impact Development Best Management Practices used to create a water balance to retained wetlands subject to being limited to locations within buffer areas, appropriate technical supporting documentation and approval by Niagara Peninsula Conservation Authority. 16) Refinement to the extent of the Riverfront Community land use designations and the establishment of appropriate setbacks and linkages will occur at the zoning by-law, plan of subdivision, plan of condominium and site plan control stages and shall be based on relevant current or more detailed future Environmental Impact Studies. 17) Endangered and Threatened species shall be addressed in accordance with section 11.2.17 of the Official Plan. 18) Where reductions in the width of environmental buffers occur, the adjacent land use designation shall apply without amendment to this Plan. New development or site alteration within the naturally vegetated area determined through an approved EIS is not permitted. 19) Expansion, alteration or the addition of an accessory use in relation to an existing use within the environmental buffer may be pe rmitted, subject to an approved EIS where: Page 289 of 566 Riverfront Community Private OPA 22 i. the expansion or accessory use is not located closer to the edge of the provincially significant wetland than the existing use; and ii. the expansion or accessory use cannot be located elsewhere on the lot outside of the environmental buffer areas. 20) Prior to final subdivision approval and site development, appropriate studies and clearances, such as Records of Site Conditions and detailed Environmental Impact Studies (EIS), shall be required through implementing planning applications. 13.56.8.3 Tree Management Tree saving plans shall be required as part of subdivision and site plan applications to identify existing mature trees located outside of the Environmental Protection Areas and associated buffers to preserve and integrate them into the built environment where possible. 13.56.8.4 Infrastructure 13.56.8.4.1 Storm Water Management 1) A combination of piped storm sewers and overland drainage systems will be employed in the Secondary Plan Area. 2) Overland and piped storm water flows will not be directed outside of the respective watershed. 3) Storm drainage will be conveyed to the Welland River or OPG Canal. 4) The locations of storm water management facilities will be confirmed as part of future plans of subdivision, in accordance with the recommendations of relevant studies and subject to approvals from the appropriate approval authorities. Such facilities are not shown on Schedule G and may be located under any land use designation although they will generally not be permitted to locate in an Environmental Protection Area. They may be permitted to locate within the vegetated buffer area adjacent to the Environmental Protection Area to help maintain the hydrologic function of the Provincially Significant Wetlands as determined through an approved EIS. 5) Private individual or temporary storm water management facilities are discouraged. Such installations shall be undertaken at the cost of the developer. 6) Storm water management facilities will be constructed as naturalized Page 290 of 566 Riverfront Community Private OPA 23 features, utilizing native plant species and grading techniques to create a natural area. If required, public access will be limited using approved landscaping techniques; fencing is strongly discouraged. Such facilities should be integrated with the community’s Open Space System. 7) Low Impact Development storm water management best management practices is encouraged where appropriate to mimic the natural hydrology of the area and protect water quality. 8) The Con Rail drain will continue to act as a component of the storm water management system and will receive treated drainage from "Riverfront Community" as well as drainage from outside of this area. It may be enhanced with improved bed and slope treatments and added vegetation to aesthetically improve the appearance of the drain subject to approvals from the appropriate authorities. 13.56.8.4.2 Sanitary and Water Services 1) Sanitary services will be constructed in accordance with the recommendations of relevant servicing studies, subject to approvals from the appropriate authorities. This includes a pumping station required to service the Riverfront Community. 2) Water services may be constructed in concert with sanitary services in accordance with the recommendations of the relevant servicing studies, subject to approvals from the appropriate authorities. 3) The Niagara Region 2016 Water and Wastewater Master Servicing Plan (MSP) has identified the need for a new South Niagara Falls Wastewater Treatment Plant (WWTP) to accommodate anticipated future growth in South Niagara Falls which is estimated to be under construction by 2025, pending budget approval. 4) Riverfront Community is located within the South Side High Lift Sewage Pumping Station sewershed, which will be directed to the new South Niagara Falls Wastewater Treatment Plant (WWTP). 5) The City, in consultation with the Region, shall prepare the South Niagara Falls Servicing Strategy and wet weather/Inflow and Infiltration reduction program to determine the interim capacity available for development prior to the construction and operation of the new South Niagara Falls WWTP. The strategy shall include a monitoring program to measure overall capacity of the South Side High Lift Sewage Pumping Station to accommodate interim growth in South Niagara Falls. Page 291 of 566 Riverfront Community Private OPA 24 6) Wastewater infrastructure shall be constructed in accordance with the recommendations of relevant servicing studies and the South Niagara Falls Servicing Strategy, subject to approvals from the appropriate authorities. This includes a new sewage pumping station required to service the Riverfront Community. 7) Water infrastructure shall be constructed in concert with wastewater infrastructure in accordance with the recommendations of the relevant servicing studies, subject to approvals from the appropriate authorities 8) All infrastructure shall be designed and constructed in accordance with the appropriate Regional and City standards and subject to review and approval by the appropriate authorities. 9) As a condition of future planning approvals, the Region will require that the owner provide a written undertaking to acknowledge to Niagara Region that draft approval of any development within the plan area 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. 10) Future planning applications will require verification of the available wet weather sanitary capacity in the South Niagara Falls system as it relates to the development and identification of required mitigation measures to accommodate development to the satisfaction of the Region and City. 13.56.8.4.3 Utilities 1) The City shall participate in discussions with utility providers such as hydroelectric power, communications/ telecommunications, pipelines and natural gas to ensure that sufficient infrastructure is or will be in place to serve the community. 2) Through the Environmental Assessment and subdivision processes, appropriate locations for large utility equipment and cluster sites will be determined. Consideration will be given to the locational requirements for larger infrastructure within public rights of way, as well as easements on private property. 3) Utilities will be planned for and installed in a coordinated and integrated basis to provide for efficient, cost effective services and to limit disruptions. 13.56.8.4.4 Transportation Page 292 of 566 Riverfront Community Private OPA 25 1) The Community’s subdivision design will provide suitable connectivity to facilitate walking, cycling and access to transit. Individual plans of subdivision will be consistent with this approach. 2) Right-of-way widths for arterial and collector roads shall be in accordance with PART 3, Section 1.5 “Transportation” of the Official Plan. Right of way widths for local roads shall be determined at the time of subdivision approval but may be less than 20 metres subject to Council approval. The City may require road widening dedications in addition to the designated road allowances indicated in PART 3, Section 1.5 without the need for amendments to this Plan for purposes of: i. Additional site triangles at intersections and entranceways necessary for traffic operational design purposes; ii. Turning lanes at intersections or to provide suitable access to major traffic generator developments; iii. Sites for traffic control devices (e.g. roundabouts) and transit facilities (e.g. bus lay-bys); and iv. Additional width to the scenic parkway to facilitate enhanced landscaping and active transportation facilities. 3) As part of an application for subdivision or Zoning By-law approval, a traffic impact study may be required. The traffic impact study will assess the impacts of the proposed phase of development on the existing road network, intersections and recommend any improvements to the road network that will be needed for that phase. Any improvements to the existing road network or to intersections shall be constructed at the cost of the applicant unless such improvements have been identified in the Development Charges By-law. 4) Dorchester Road and Chippawa Parkway are designated as local municipal arterial roads. The following policies shall apply to arterial roads: i. Upgrading and expansion of Dorchester Road and Chippawa Parkway from their current width is not required to support development of Riverfront Community. ii. Driveway access to arterial roads shall be restricted in accordance with the City’s requirements. On corner lots, driveway access shall be provided only from the lesser order road frontage. Page 293 of 566 Riverfront Community Private OPA 26 iii. Reverse lot frontage should be avoided where possible. iv. Developments along arterial roads shall provide generously landscaped open space adjacent to the arterial frontage, save and except for any driveway or sidewalk access. v. Chippawa Parkway has strong potential to become intentionally designed as a scenic parkway. Through implementing plans of subdivision or municipally initiated processes, an upgraded design may be considered that provides opportunities to enhance the scenic nature of the Parkway, facilitating views to the Welland River. 5) The collector network is shown on Schedule G. Collector roads are to provide for the conveyance of traffic within the community and to provide for transit routes. Accordingly, the following policies shall apply: i. Bicycle lanes should be provided on all collector roads. ii. Reverse lot frontage should be avoided where possible. iii. Traffic circles/roundabouts will be encouraged to be used at the intersection of collector and arterial roads. 6) The specific configuration of local roads, laneways and the resultant lot patterns shall be established through implementing plan(s) of subdivision. 7) The construction of a bridge across either the OPG canal or Welland River is not required prior to development of the Riverfront Community. The 2010 City of Niagara Falls Transportation Master Plan identified the potential future need for a new roadway crossing of the Welland River or the OPG Canal to be located within or near the Riverfront Community. The 2017 Niagara Region Transportation Master Plan, which included extensive consultation with the City as well as other agencies and the public, determined that a crossing of the Welland River would best address future needs. A Municipal Class Environmental Assessment (“Class EA”) shall be undertaken in the future to confirm the need and preferred location for this new infrastructure. The Class EA process would include more detailed planning, environmental, engineering, and design work within a public and agency consultation framework. Initiation of the Class EA shall be triggered by any relevant development approvals beyond the Riverfront Community OPA boundary. The Class EA study shall identify Page 294 of 566 Riverfront Community Private OPA 27 community and environmental impacts, and shall identify measures to be undertaken to mitigate any such impacts. 13.56.8.5 Sustainable Development 13.56.8.5.1 Development shall occur in accordance with the Energy Conservation policies established in Part 3 Section 3.1 of this Official Plan and will be encouraged to exceed the energy efficiency requirements within the Ontario Building Code. New development will be encouraged to incorporate alternative energy sources where appropriate. 13.56.8.5.2 Development will be designed to encourage the use of transit and active modes of transportation and should facilitate the use of alternative energy vehicles where appropriate. 13.56.8.6 Growth Strategy 13.56.8.6.1 Order of Development 1) Development shall progress in an orderly, efficient and fiscally responsible manner. 2) To ensure development occurs in an orderly manner, Council may use holding provisions in the zoning of lands. 3) Holding provisions can be lifted only after the following matters have been satisfied: i. that sufficient revenue has been, or will be, generated to finance the servicing of the proposed "Riverfront Community", either through Development Charges revenue or other suitable means of finance; ii. that any extensions of municipal sanitary sewers and watermains required to service the lands have been designed and approved for construction; iii. that the extent of the short term (serviced) land supply within "Riverfront Community" is not more than 10 years; and iv. execution of any front ending agreement by the owner of lands subject to a holding provision, all in accordance with requirements of the Development Charges Act. Page 295 of 566 Riverfront Community Private OPA 28 4) Development shall not proceed until a municipal sanitary sewer and watermain are extended along Chippawa Parkway and/or Dorchester Road to "Riverfront Community". The timing of the extension of the municipal sanitary sewers and watermains will be dependent on the financial resources of the City and/or any front -ending agreements between benefiting landowners. 5) The City, through future Development Charge By-law Reviews, may consider an area specific Development Charge By-law for "Riverfront Community". 6) The development of employment generating uses is encouraged to proceed concurrently with residential development to help create a complete community. Convenience retail and service commercial uses are encouraged to develop concurrently with residential development to provide residents with daily services. 7) Medium and high-density housing forms should develop concurrently with lower density forms. Applications should provide an indication of the phasing of each dwelling type. 13.56.8.6.2 Front-ending Agreements For the purposes of the policies associated with "Riverfront Community", a front-ending agreement, pursuant to the Development Charges Act, is a financial contract with the City whereby an individual or individuals agree to pay for the installation of infrastructure identified in the Plan to permit development to proceed within "Riverfront Community" in advance of other benefiting development paying its share of costs within or outside the boundaries of "Riverfront Community". Where an application has been made for development in advance of the installation of infrastructure identified within "Riverfront Community" policies as required to support the subject development, including both on - site and off-site services as well as upstream and downstream system requirements, Council may consider entering into a front-ending agreement with the developer, as a condition of approval, in accordance with City policies and procedures respecting such agreements. 13.56.8.7 Implementation 13.56.8.7.1 This Amendment shall be implemented in accordance with the requirements of the Planning Act, Development Charges Act and other applicable legislation. Page 296 of 566 Riverfront Community Private OPA 29 13.56.8.7.2 "Riverfront Community" lands subject to future development shall proceed by way of amendment to the Zoning By-law. Applications made shall comply with the policies regarding complete applications in PART 4 of this Plan. 13.56.8.7.3 Lot creation shall proceed primarily by way of plan of subdivision or condominium. Applications for consent or exemption from part lot control that maintain the integrity of the land use plan found on Schedule G may be considered when: 1) plans of subdivision or condominium are not appropriate; 2) lands were not included in a plan of subdivision or condominium; or 3) further separation of buildings is required and either severance or exemption from part lot control is the most appropriate mechanism available or for other similar technical reasons. 13.56.8.7.4 An air quality, noise and vibration study may be required for any development for a sensitive land use proposed near a major facility such as a transportation corridor, industrial use, sewage or water treatment facility, or pumping station. Such study may be required prior to final approval of a subdivision or condominium or prior to release of an H symbol applied to the site’s zoning. 13.56.8.7.5 Urban Design guidelines should be prepared prior to final approval of plans of subdivision or condominium (i.e. may be required as conditions of draft approval) to address public realm facilities including neighbourhood structure, block design, lot size and variety, such as pedestrian amenities within the mixed use area, neighbourhood edge interfaces, local street design guidelines, sidewalks and streetscapes, design of the scenic parkway, collector and local road design guidelines, parks, trails, open spaces and natural heritage as well as private realm matters including building setbacks, building heights, density, and parking areas 13.56.8.7.6 A Stage 3 Archaeological Assessment should be conducted for Site AgGs-387 as recommended in the Amec Archaeological Assessment from May 2016 prior to development within 50 metres of this site. Until then, development related activities shall not occur within the buffers recommended by this report. This site lies near Dorchester Road just north of the Con-Rail Drain. Page 297 of 566 Page 298 of 566 Page 299 of 566 Page 300 of 566 Page 301 of 566 Page 302 of 566 Page 303 of 566 Page 304 of 566 Page 305 of 566 Page 306 of 566 Page 307 of 566 Page 308 of 566 Page 309 of 566 Page 310 of 566 Page 311 of 566 Page 312 of 566 Page 313 of 566 Page 314 of 566 Page 315 of 566 Page 316 of 566 Page 317 of 566 Page 318 of 566 Page 319 of 566 Page 320 of 566 Page 321 of 566 Page 322 of 566 Page 323 of 566 Page 324 of 566 Page 325 of 566 Page 326 of 566 Page 327 of 566 Page 328 of 566 Page 329 of 566 Page 330 of 566 Page 331 of 566 Page 332 of 566 Page 333 of 566 Page 334 of 566 Page 335 of 566 Page 336 of 566 Page 337 of 566 Page 338 of 566 Page 339 of 566 Page 340 of 566 Page 341 of 566 Page 342 of 566 Page 343 of 566 Page 344 of 566 Page 345 of 566 Page 346 of 566 Page 347 of 566 Page 348 of 566 Page 349 of 566 Page 350 of 566 Page 351 of 566 Page 352 of 566 Page 353 of 566 Page 354 of 566 Page 355 of 566 Page 356 of 566 Page 357 of 566 Page 358 of 566 Page 359 of 566 Page 360 of 566 Page 361 of 566 Page 362 of 566 Page 363 of 566 Page 364 of 566 Page 365 of 566 Page 366 of 566 Page 367 of 566 Page 368 of 566 Page 369 of 566 Page 370 of 566 Page 371 of 566 Page 372 of 566 Page 373 of 566 Page 374 of 566 Page 375 of 566 Page 376 of 566 Page 377 of 566 Page 378 of 566 Page 379 of 566 Page 380 of 566 Page 381 of 566 Page 382 of 566 Page 383 of 566 Page 384 of 566 Page 385 of 566 Page 386 of 566 Page 387 of 566 Page 388 of 566 Page 389 of 566 Page 390 of 566 Page 391 of 566 Page 392 of 566 Page 393 of 566 Page 394 of 566 Page 395 of 566 Page 396 of 566 Page 397 of 566 Page 398 of 566 Page 399 of 566 Page 400 of 566 Page 401 of 566 Page 402 of 566 Page 403 of 566 Page 404 of 566 Page 405 of 566 Page 406 of 566 Page 407 of 566 Page 408 of 566 Page 409 of 566 Page 410 of 566 Page 411 of 566 Page 412 of 566 Page 413 of 566 Page 414 of 566 Page 415 of 566 Page 416 of 566 Page 417 of 566 Page 418 of 566 Page 419 of 566 Page 420 of 566 Page 421 of 566 Page 422 of 566 Page 423 of 566 Page 424 of 566 Page 425 of 566 Page 426 of 566 Page 427 of 566 Page 428 of 566 Page 429 of 566 Mayor & Niagara Falls City Council, 4310 Queen St., Niagara Fall, ON, L2E 6X5 May 4, 2018 Re: Official Plan Amendment File No. AM-2017-015, Dorchester Rd. & Chippawa Pkwy Proposed Riverfront Community, Niagara Planning Group (Agent) Members: Re: Public Meeting Comments for May 8, 2018 Dominant Eco-System Ignored: The dominant eco-system here is the Welland River. Prior to any development approvals either North or south of this major eco-system, a Welland River Watershed Plan should be undertaken, completed and adopted into the Official Plans of both the City and the Region. This would be following your own Regional Policy Plan and the Provincial Policy Statement. Such a plan should legislate all forests, streams, floodlines, and well water recharge areas to be protected, their being essential to this River’s eco-system health. Further, Public access to entire River shorelines, either by roads or trails, and Wildlife access provided by Wildlife corridors, must be ensured. To deviate from the Watershed approach will result in a confused, piecemeal River Plan, leaving all eco-systems short changed and unbalanced and the Public dissatisfied. Opportunity for use of the River and its increasingly rare forests as a Tourist attraction will be lost. Nature Rules, Nature Fights Back, Nature Shows No Mercy: All over the world, Rivers are flooding, lives are being lost, due to mankind ignoring the need to respect floodplain and forest preservation. Political environmental maturity is sadly lacking here. Failure to do Hydrogeological Study: Again, considering the proximity of the Riverfront Community Development to this major Welland River Eco-system, it is inexcusable that the foremost Hydrogeological study has NOT been done as part of the Environmental Impact Study. This means their Consultants E.I.S. is incomplete and should NOT be accepted. The recent discovery of the Karst formation here by Dr. J. Bacher is supporting evidence. Hydrogeological Studies were done as far back as l976 for Shriners Creek, so why not forty years later when so much evidence exists proving the need for it. Such city wide evidence includes sewer infiltration, sinking sewers, basement flooding, sinking roads, sinking workers—lives near lost. These problems have become the taxpayers’ burden while the developer profits. Remember the Chippawa area proximate to the Welland River still has uncorrected sewer issues after forty years. Such a major omission means that impacts on recharge areas , wells, PSW Forests and Stream Base Flow including Springs, and accompanying impact on Fisheries, remain unknown and therefore Unprotected. GROUNDWATER FEATURES ARE REQUIRED TO BE PROTECTED BY THE PROVINCIAL POLICY STATEMENT. Once honestly completed, study recommendations must be enforced to avoid above listed problems, even if it means stopping entire development. Because of omission of The Welland River Watershed Plan and Hydrogeological Study , this Public Meeting must be voted to be PREMATURE AND DEFERRED, with a motion by Council that the Welland River Watershed be completed and adopted and the Hydrogeological Study , and all missing studies, be completed and supplied to the Public with sufficient time for analysis. I request a recorded vote on this matter. Yours truly, Jean Grandoni, R.R. #1, Garner Rd., Niagara Falls, ON, L2H OS5. Page 430 of 566 Page 431 of 566 nt cm‘ H. May 4,2018 Mayor D odati &Members of Council C'ty of 'agara Fal s C a I 4310 Quee S ee N'aga a Fa ls ON L2E 6X5 ear ayor Diodati &Members of Council: R .'e o t ommu ity he 'agara ome B iders Associa ‘on (NHBA)is a etvvork of professionals who work together to serve and promote the residential building industry.Organized in 1955, members include home builders,developers,renovators,suppliers,contractors, manufacturers,and allied professionals.The NHBA advocates on issues that affect our industry and which limit housing affordability and choice for future generations. Members of the NHBA commit to uphold a Code of Ethics,which includes designing their developments to confonn to the principles of responsible,good community planning and following all applicable legislation. Niagara Falls is required to accommodate an additional 36,000 residents by 2041 to help meet the growing demand for housing in the Province,however,a current lack of supply has led to rapid price growth in all types of housing.The inability to meet increased housing demand within the Region will cause a continued escalation i nhousingcosts,limited housing choice,exacerbated socio-economic challenges and broader economic vulnerability,while undermining the ability to ach'eve the growth communities. NIAGARA HOME BUILDER S’ASSOCIATI ONgadd/ info@nhba.ca httg:[[www.niagarahomebuildersassociation ca Page 432 of 566 Page 433 of 566 Andrew B ce From:Gwen Donofrio (And-o |\llnru-I-n:’)f\1Q Q-')/1 .,.,JCIII.IVIKJIIKJGYIIVIGILII I3,LUIKJ 'J.L"'I"\IVI To‘Andrew Bryce €..m...:}LJ2,-‘37.§£E.E. +.‘=2..'3—¢"4.§m'§'~(T___,ESubject:FW:Meeting Today 5pm for zoning by—|awAmendment of 6894 Garner Road by V Group Holdings Ltd.my letter véu/J64, ’1‘!zuni »1, ‘-Irma:I From:Joe Sorrenti [mai|to:joe sorrenti@hotmai|.com] Sent:Sunday,March 18,2018 10:01 PM To:Gwen Donofrio Subject:Meeting Today 5pm for zoning by-law Amendment of 6894 Garner Road by V Group Holdings Ltd.my letter To whom it may concern; I am writing to you concerning the zoning by-law Amendment of 6894 Garner Road by V Group Holdings Ltd. (Sam Vecchi). My Concerns: (1)The application that is being submitted has rear yard depth of 7.54m.If this is not below the standard minimum it is close to being the very minimum for rear yard depth.This depth will not allow for any privacy nn§n-lmlmnvn (‘rnanonf ant](‘linen 111"]l;II;IIl‘I’ IUI L119 IIVISIILIIJID U11 lJl‘I\rI\.I.lJl \/DI \./ll/ID\r\rlll lIll\«I I«ll\JD\r VV ll‘)VV Ill LID IIVIIIS III III‘;\aUll\.l\JDo L1 UIJD ‘II III\/ residences in the townhouse were to build a deck you are looking at this depth being even less and the issue of privacy becomes more of an issue.The application does not state what type of homes that are being built. 7)-(mlv narking including garages. —/‘"‘"—"D “""I".I""'""'““”I""”““O “F”"‘""'“""""“D ""D""'D""‘ spaces per dwelling unit.If this is the case there are not enough parking spaces.I have lived in a condo in the past and parking is one of the biggest issues within the condo complex because there are often not enough parking spaces and visitors/tenants often park their cars/trucks on neighboring streets. 3)The location of the two visitor parking spots are currently along property of three residences two residencesonJosephCrt.the other being on CamerRoad.The visitorvparkingspacesshould not be bordering any property lines of any residences.This would release exhaust fumes from the cars into residences backyards.I am very concerned that this proposal (schedule 1 drawing)has the two parking spaces along the property lines 1 Page 434 of 566 of residences.The visitor parking spaces should be situated in a place where they are not bordering ANY of the residences backyards on Blackforest Crescent and Joseph Court. 4)Water issues have been brought to my attention in June of 2017 by a written letter and photographs.Last year there were large amounts of water pooling in the yard next to the proposed condos (Joseph Court).This issue has yet to be resolved and if there is condos to be build on the neighboring property I believe this will only add more water pooling in the backyards of the residences on Joseph Court and Blackforest Crescent.I have spoken to the City of Niagara Falls and they are aware of this issue. 5)Lighting_-The drawing provided with the application does not show lighting or where light posts will be located on the property.Assuming the light posts are located near the two parking spaces the light posts could be less then six feet from the property line and will be shinning into windows of homes.Also with the close proximity of the rear yards backyard lighting will be shinning into bedrooms and backyard. The drawing does not include landscaping and I believe that the lot coverage will not provide a great landscaped area,making the proposed development not very well designed and not compatible at all with the surrounding neighborhoods in our area. Please include me in emails or letters in the future of any upcoming meetings about this application. Thank-you J .Sorrenti Resident on Blackforest Crescent Page 435 of 566 Mayor &Niagara Falls City Council,4310 Queen St.,Niagara Fall,ON,L2E6X5 May 4,2018;474///Q/)|/7/’/)/ v i "l ‘A V ''\.’‘ Re:Official Plan Amendment File No.AM-2017-015,Dorchester Rd.&Chippawa P —v’v"_‘ V . Proposed Riverfront Community,Niagara Planning Group (Agent)E C D ' MAY04 2018 _PLANNLNDominantEco—System Ignored:DEVELOPNCIQ The dominant eco-system here is the Welland River.Prior to any development approvals either Members:Re:Public Meeting Comments for May 8,2018 North or south of this major eco—system,a Welland River Watershed Plan should be undertaken, completed and adopted into the Official Plans of both the City and the Region.This would be following your own Regional Policy Plan and the Provincial Policy Statement. Such a plan should legislate all forests,streams,floodlines,and well water recharge areas to be protected,their being essential to this River's eco—system health. Further,Public access to entire River shorelines,either by roads or trails,and Wildlife access provided by Wildlife corridors,must be ensured. —.IU UCVICILC IIUIII LIIC VVCILCIDIICLI G}J}JlUClL.l|VVIII ICDUIL III 0 LUIIILIDCU,PICLCIIICGI HIVCI rldll,ICGVIIIB all eco-systems short changed and unbalanced and the Public dissatisfied.Opportunity for use of the River and its increasingly rare forests as a Tourist attraction will be lost. Nature Rules,Nature Fights Back,Nature Shows No Mercy: All over the world,Rivers are flooding,lives are being lost,due to mankind ignoring the need to respect floodplain and forest preservation.Political environmental maturity is sadly lacking here. Failure to do Hydrogeological Study: Again,considering the proximity of the Riverfront Community Development to this major Welland River Eco-system,it is inexcusable that the foremost Hydrogeological study has NOT been done as part of the Environmental Impact Study.This means their Consultants E.I.S.is incomplete and should NOT be accepted.The recent discovery of the Karst formation here by Dr.J.Bacher is supporting evidence. Hydrogeological Studies were done as far back as I976 for Shriners Creek,so why not forty years later when so much evidence exists proving the need for it.Such city wide evidence includes sewer infiltration,sinking sewers,basement flooding,sinking roads,sinking workers—|ives near lost.These problems have become the taxpayers’burden while the developer profits.Remember the Chippawa area proximate to the Welland River still has uncorrected sewer issues after forty years. Such a major omission means that impacts on recharge areas ,wells,PSW Forests and Stream Base Flow including Springs,and accompanying impact on Fisheries,remain unknown and therefore Unprotected.GROUNDWATER FEATURESARE REQUIREDTO BE PROTECTED BYTHE PROVINCIALPOLICY ~.aunun_uvu_vuu. Once honestly completed,study recommendations must be enforced to avoid above listed problems,even if it means stopping entire development. Because of omission of The Welland River Watershed Plan and Hydrogeological Study ,this Public Meeting must be voted to be PREMATURE AND DEFERRED,with a motion by Council that the Welland River Watershed be completed and adopted and the Hydrogeological Study ,and all missing studies,be completed and supplied to the Public with sufficient time for analysis. I request a recorded vote on this matter. Yours truly,Jean Grandoni, Page 436 of 566 Page 437 of 566 Page 438 of 566 Page 439 of 566 Page 440 of 566 Page 441 of 566 Page 442 of 566 Page 443 of 566 Page 444 of 566 Page 445 of 566 Page 446 of 566 Page 447 of 566 Page 448 of 566 Page 449 of 566 Page 450 of 566 Page 451 of 566 Page 452 of 566 Page 453 of 566 Page 454 of 566 Page 455 of 566 Page 456 of 566 Page 457 of 566 Page 458 of 566 Page 459 of 566 Page 460 of 566 Page 461 of 566 Page 462 of 566 Page 463 of 566 Dear Mr Barnsley and Mr.Herlovitch: Re:Thundering Waters Secondary Plan ('Project') Official Plan Amendment Application City File:OPA:No.117 Proponent:GR (CAN)Investment Co.,Ltd. Our File No.:030200-017-005 It was a pleasure meeting with you on September 15,2016 regarding the Project. As you are aware we were only notified of the Project on or about July 29,2016. We wish to confirm the general discussions and material provided with gave us a general overview of the Project. At this time,and on a preliminary basis,we confirm that the Project will interfere,impair,and infringe upon Haudenosaunee title,rights and interests as guaranteed and recognized by the Nanfan Treaty of 1701,the position of Crown via the Lords of Trade and Plantations as to Haudenosaunee title as recognized and affirmed by the Mitchell map of 1755,the August Treaty of 1764 and the Treaty of Fort Stanwix of 1768. We confirm providing you with a copy of Seneca Nation oflndiansv.New Yorkdecision dated September 9,2004 which confirms that the lands upon which the Project are proposed were to have been held in trust for the HCCC.A link to the decision is attached for your ease of reference.httg:_[/case|aw.findlaw.com/us-2nd-circuit/1033185.html We indicated at the same time that there may be other interests and rights which will need to be addressed however we have not been provided the resources to date to undertake a meaningful review of the Project and/or its impacts. :....J:,--.+.-.A L.-.,-J l'u(\l'\r\ IULI IIIUILGLCU LIIGL LIICIC Ilau LJCCII a uCIc5cII.Iuu ul CIIEGECIIICIIL uuusuuuna nun:\JIII.uI nu uvuu u...:,.n...-.n.I.|.I uu.-I\JJ\_\—|.uI|\4 -nu. confirm that you will be providing a copy of this delegation as soon as possible. We wish to confirm that we believe the delegation to be unlawful.As we have indicated,the Project will impair treaty rights and at a minimum will have the affect of extinguishing harvesting rights on the subject lands.The Supreme Court of Canada has recently clarified that treaty rights may only be impaired and/or infringed where consent has been provided and/orthe infringement has been justified.We confirm that the justification process involves the discharge of fiduciary duties and as discussed fiduciary duties may not be delegated without the consent of the fiduciary.We confirm that consent as to the delegation of fiduciary duties has not occurred. We also confirm our discussion in relation to the consultation and accommodation framework that was first discussed by the Supreme Court of Canada in the Haida and Taku decisions.We have expressly stated that this is an inappropriate approach as those cases dealt with asserted but unproven rights whereas the rights in question on this matter are established and recognized in Canadian law by section 35 of the Constitution Act,1982.If we did assume the applicability of the consultation and accommodation framework (which is expressly denied)then the delegation from Ontario to Niagara Falls would only be lawful where Ontario undertook a primafacie assessment of the rights and interests which would then structure the nature and scope of consultation.As you indicated it does not appear that any such assessment by Ontario Niagara Falls and as such the delegation is unlawful on this basis. Going forward we would ask that entirety of the process for advancing the amendments to the Official Plan be placed on hold until such time as Ontario has discharged its obligations.As discussed,if Niagara Falls proceeds it may suggest bad faith and a bias as to outcomes. We are particularly concerned with respect to bias given the reporting by the Niagara Falls Review of April 24,2016 which appears to indicate that the Premiere of Ontario and the Mayor of Niagara have announced their support for the Project prior to any engagement whatsoever.A link to the article is attached for your ease of reference. L;a.......—.Chnh?/1 .-I.-ninlay.wunnf,rsrnnnc-:I_nninn-knFnro_r~nnint-il IILL 2 WWW.llId dldldII:ICVI|:W.\.a[LU.L U‘9[L J.U"uc:Vt:Iu Illclurplu uaal-gun:'uCIu|C’\.uuII\.II.Iuu vvlu nuu.LIIUI.-.:n..u-"I _k-'P E I-’ for the Mayor was paid for by the Chinese government which is a shareholder in the Project Page 464 of 566 http?/www.niagarafaIIsreview.ca[201S/11/20/diodati-stands-by-way-china-trip-paid—for.As you may understand this nr-n—u{-an 1-inniFiran§'rnn?irf L.H:aI.C3 uu:aI5nIII\..uIn.,.r\.u.\.}.u.|un ul u \.unuu.u.uu uu.x.u..a-.. You may also want to have reference this earlier article which indicates that it has been Niagara's intent to proceed without first addressing the issues related to Haudenosaunee rights and interests http:[/www.niagarafal|sreview.ca/2015/10/2§[chinese-to-announce-niagara-falls-investment. Please also see the following article which indicates that a Memorandum of Understanding has been signed as between Ontario and the Chinese government with respect to this Project prior to any engagement being undertaken.Please provide a copy of this MOU.http:[/www.niagarafa||sreview.ca/2016/O3/31/wetlands-stall-1~bil|ion-fa||s—development Also please have reference to a St.Catharines Standard opinion piece which also pointedly discusses the conflict of interest.htt:?[www.stcatharinesstandard.ca/2015/11/27/herod-niagara-falls-thinks-big-acts-small Having read the attached articles (and others that are not attached)it appears that Ontario and Niagara may be treating the rights of the Haudenosaunee as a mere afterthought. Please also accept this correspondence as official opposition to the Project for the purposes of section 17 of the Planning Act. We would like to suggest a meeting for October 7,2016 at 10:00 a.m.to discuss the status of this matter.As the original meeting was at our office we would be happy to come to you in Niagara Fallsfor the next meeting.At this meeting we would also like to receive information on the Grand Niagara Secondary Plan.We have not received any notification of the proposed amendments in relation to the Grand Niagara Secondary Plan. Regards, R.Aaron Detlor Aaron Detlor Barrister &Solicitor 16 Sunrise Court Suite 417 P.O.Box 714 Ohsweken ON NOA1M0 “<3 rERLINK mna.l.|.+.. Page 465 of 566 Page 466 of 566 L\r\+||lr\I-xv-I r\I|r (1:|......;..~..«Interrere Wltn tne otners vessel.lne waLers may uecullle LuIuuu:nL uci.wt:r:u Uul LVVU Ilauuua.Llul vessels are connected by three links of a chain representing Peace,Unity and Respect and we are to use these three principles to calm the waters between us. The HETFwould like to bring to your attention an issue that is of concern of the Haudenosaunee.The Thundering Waters Site (Also known as the Niagara Falls Slough Forest Site)is a 484 acre old growth Carolinian forest with 220 acres of protected provincial wetlands and the home of many species of risk. It was brought to our attention that a Chinese Firm willdevelop this sacred land for affordable housing units. The plan is to develop the forested area and if they don't get a waiver of the provincial wetlands protection for the wetlands parcel,then they say the development of the forest part will not impact the wetlands area.We know this not to be true because this land is all intricate,complex and woven together.They cannot be separated.One is dependent on the otherjust like humans are dependent on nature.Allthe environmental studies do not take into consideration of the history of the land and the cultural resources it possesses. Allof the wildlife is important to the Haudenosaunee,over the past years we have seen many of our brothers and sister disappear from this earth and have mourned their pass.Canada and the United States have enacted "Species at Risk”legislation to protect various species that are endangered of extinction.This area has many such species.Government and private studies have identified these species and they are known to your scientist.As the HETF,we are reminding you of your obligation under to the (Two Row)treaty that we have with you to warn you when we see danger in the river life that could harm us both.Your obligations under your own legislation must be clear you. Therefore,The Haudenosaunee oppose the development of the Thundering Waters Site and the federal Government recommend not to grant a waiver of provincial wetlands protection for all the reasons stated in this letter.if this sacred land is allowed to be developed,it cannot be duplicated in any other part of the world and the future generations will never get to experience what we have experienced in our lifetime. Skennen (In peace), (?g I '-L...-....\_% ETFScientific Co--Chair (‘.(‘_:Niagara V‘,.........v....-.,WWVIVV -. John Barnsley,Managef>c;‘7Pc7)|icyandPlanning Page 467 of 566 Statement on the Treaty of Niagara 1764 and Thundering Waters Forest By the matrilineal descendants ofKatsitsawaks ofthe Ow/\tsa'tha On/\yote:aka clan famib/(Myrtle White-Dockstader) August 2016 Please note that citation ofCanadian case law and/or academic sources does not serve as approval, endorsement or any other type ofvalidation ofsaid referencematerial. The Treaty of Niagara 1764 is a ratification of the general principles of the Royal Proclamation of 1763 with the Crown government by the signatory First Nations if the crown honours its responsibilities.The principles of these agreements acknowledge that agreements between Indigenous governments and Canadian or Crown officials have some terms which fall outside of Canadian law(R.v.Calder).This is why the figurative and metaphorical use of wampum,mnemonic devices and oral custom is as urrittpn rpmrd (?nrhiprel. uaatzuauu-A;uu -.u;J n.-.........-\.\...-..‘V9.V--...I.--..-._____J _.______ 7 _,,,, terms for the reciprocal rights of Canadians and First Nations (Borrows). In order to honour the principles of these agreements governments have to uphold the honour of the crown(R.v.Lefthand)and act in accordance with the principles of the covenant chain(Borrows)and the Two Row Wampum(Hill). Niagara,specific to the Treaty,was acknowledged for the importance of its resources to Anishinaabe, Haudenosaunee and British people alike (Corbiere).This is where the principles or the Dish with one Spoon,an agreement to keep resources held as commons,came into play.It was to be understood that the resources were to be shared (Nanfan).Nobody could empty the contents of the dish without being sure it would be replenished (Corbiere). We contend that: nlfprinc!lamp slough complex .-_-J ......\..-....!3 -...-D_r_,-..._.--_. development proposed for the Niagara Falls Slough Forest Wetland Complex (herein to be referred to as “the development’’)jeopardizes the integrity of the complex and the adjacent areas including waterways and the Niagara River which is less than 4 miles from the point of the development furthest from the river. Therefore the development opposes the terms of the Treaty of Niagara by ignoring the _...:._..:...I....nu-tr]"l"nyn [Jflllclplts U1 tut:1J1b11 w1u1 uut:opuuu auu uu:1wu 1\uw VVGIIIPUILL uuu 1uvu11uuLL..-J Ll1L. developers ability to act within the responsibilities of the honour of the crown. 0 And;Therefore the development is in opposition to the hunting resource Treaties including but not limited to the Treaty of Albany 1701 (Nanfan). It would be dishonourable to proceed with this development as planned.It directly opposes the inherent right of occupants of this territory to expect governments to work within the terms of existing Treaty arrangement. Page 468 of 566 Page 469 of 566 Rita Marriott Gwen Donofrio A/Inn;-l-u:')(\1Q IVIUI Iuay,IVIG)’I,LU IU U..)I I“\lV| To:Alex Herlovitch;John Barnsiey;Rita Marriott Subject:FW: Rita,please send a copy to Teresa for the Council agenda. Thanks, I'll"I U I I-U IV PLANNING 3.DEVELOPMENT .I ,.'«v i‘|.‘:HHi;;’;, E ‘‘'i‘.’-?m'2mI.~:n‘' .f2ov.»_\r$~ ,../\Z Gwen From:Linda Abbott [mailtoz Sent:Sunday,May 6,2018 6:19 PM -To:Gwen Donofrio Subject: PW‘/\{ROW“Ulb Sent from Mail for Windows 10 The City of Niagara Falls Council; My name is Linda Abbott,I was born and raised in this city.For the past 32 years I have enjoyed living in the Village of Chippawa,a village where my grandmother was born and raised.My grandmother farmed this land following behind a plow pulled by her beloved drart horses.Lnippawa IS the village where my ramny still lives;the village where my roots are. The Riverfront proposal to destroy Thundering Waters Forest is of grave concern to me.Thundering Waters Forest is a natural wonder that is a habitat for numerous species.A natural wonder that should never, ever,have been paved over for the sake of greed.A natural wonder that some politicians are going to great lengths to see destroyed,for whose benefit?Certainly not mine,nor my children's.Who told this Chinese developer to buy this land that was already designated Provincially Significant Wetland?Why wasn't the developer not directed to other areas of the Falls that would have the infrastructure in place?Why is the Mayor trying to rush through reports that haven't been completed?Most importantly why are the residents of this city not being told the truth? If this willful destruction ofthe forest is allowed,what happens to the people of Chippawa?Please affected,how could we not?2,265 permanent residents,which means the possibility of anywhere between 2,265 —4,530+cars.Are you going to tell me that this won't impact our quality of life?In addition,the destruction of wild life habitat will see more animals moving in to residential areas as they are pushed out of the areas in which they live.This results in an increase of potential harm to themselves or others,through unnecessary and preventable interactions with people's pets and cars. Right now,without any additional disruption,the infrastructure in Chippawa quite frankly horribly c||l'\c1'::n‘I'i:xl IIIUUCLIUGLC I\JI LIIC JLICJJCJ ullcuuy |Jl(.l\.«\_\4l \.lII IL.II I.II\.|\..IJ ully uuuauullulul uunuunu.VI Iuuuuu I by».my u.n.-..u |.\.I the drone of a huge pump parked across the street from my house pumping water into the storms sewers,for hours on end!We have one stoplight in the center of the village.Thousands more cars on the roads will Page 470 of 566 gravely impact our ability to travel within our own city.Please don't tell me that they wouldn't be travelling down my street,that they will be self-contained. The greatest issue is the corruption that is running rampant around this proposal.How can a politician r\,,,I,,_;I,!_---.-£I£_;_sit as Mayor,a member of Regional council and on the board or me NLP/-\and not consider tnis a connict or interest?Quite frankly,someone invited a skunk to the garden party!This issue has upset me so much that I am ready to move to another city if this pillaging of Mother Earth is passed.Please,I implore you when the time comes,do the right thing,the moral thing and,in all good conscience,vote AGAINSTthis proposal.Please restore my faith in this council because right now it is at an all-time low.Please save the forest,save the creatures that call it home.Please,do the RIGHTthing. Respectfully, Linda Abbott Page 471 of 566 Rita Marriott From:John Barnsley —.r\r\Ar\At'\r\I\n1sent: To: Subject: Attachments: Hi Rita: Monday,May /,AU I25 izua PM Rita Marriott FW:May 8 re Thundering Waters Nature and mental hea|th.docx /‘\“\ T O£U'I And another one...MAY_7 2018 Thanks ©PLANNLNG 3.DEVELOPMENT From:Linda Babb [mailto Sent:May 7,2018 1:05 PIVI To:Vince Kerrio;Carolynn Ioannoni iPhone Account;Fred Kratz;Joyce Morocco Bell Account;Kim Craitor ___-|vm<e strange;VICEOF Hetrangeuo;vvayne Inomson Cc:John Barnsley;BillMatson Subject:May 8 re Thundering Waters Dear Members of Council By now you should have your "packages"of information pertaining to the above noted topic.Whether the title is Riverfront,Paradise or Thundering Waters -it is still the fragile ecosystem that is under threat of a death warrant. I have written to you on numerous occasions questioning the legitimacy of the process,potential threats of ?ooding,bene?ts of retaining a carbon sink,preserving the trees that clean our air,protecting endangered species (salamanders,and bats alike),plant animal and insect (pollinators especially)and most importantly, looking to the legacy you,individually and collectively choose to leave as the legacy of the 2014-2018 Municipal Council of Niagara Falls. Today,let's look at a less contentious Qotentiallegacy.Where do you,individually and collectively,really stand on Mental Health?it's a "hot topic"throughout the Province and the Region.All manner of "elected individuals"speaking out on the "need"to do whatever can be done to consider initiatives to address this increasing problem for all ages. In the context of preserving an existing natural habitat and preventing any destruction on the excuse of potential (uncon?rmed)economic bene?t 1 offer food for thought tor the long term and Tor what you may be remembered for. We ALL care about the well being of children whether they are o_L/rchildren or not.We ALL have or had parents."Mental Health"challenges are no respecters of age or gender.What does that have to do with Thundering Waters Forest?Nature is a drug free remedy with absolutely no adverse side effects. I have attached a document with a brief sampling of some "selected"research pertinent to the topic at hand. Page 472 of 566 Further to that here is an extract from a letter I addressed to The Hon Catharine McKinnon last year. "Given that 2017 is the 150"‘Anniversary of Confederation and THAT the Province has stated a commitment to increased protection of the Greenbelt and signi?cant protected ecosystems unique to Ontario —we would ask that you, together with the appropriate Provincial and Federal Ministries,find the way to designate the land in question,including (‘.nI‘nlll‘Iinn Park,possible. unv A-4./v uu.v..\IA v...v.........-....-....,.....V.........v......-.~.-.,V----..-.-._.-I.........I..__I__....__,,____J___.-_ Niagara Escarpment.It seems ?tting to commemorate this particular area within the historical connection with the War of 1812 and the connection with the creation of our nation. If this were possible,the proposed park could be of international importance given that the subject land falls within the geographical parameters of Lake Tonawanda,a prehistoric 13 that existed approximately 10,000 years ago at the end of the last ice age,in Western New York,United States.”The lake existed on the southern (upper)side of the Niagara Escarpment east of the present course of the Niagara River between Early Lake Erie to the south and Glacial Lake Iroguois (the ancestor of Lake Ontario)to the north.During the retreat of the glaciers,the water levels of the Great Lakes were higher.Lake Tonawanda was created and fed by the elevated waters of Lake Erie.Lake Tonawanda itself was drained into Lake Ontario by a series of falls over the escarpment,including one at present day Lockport,New York. The lake evaporated when the waters of Lake Erie dropped below the level of the feeder streams to the lake.Subsequently Lake Erie drained over the escarpment entirely through Niagara Falls,which marks roughly the western terminus of the former lakebed.The remains of the previous falls,which rivalled Niagara Falls in grandeur,can be seen along the escarpment.(source:Wikipedia) Following the retreat,only 2,400 years ago,on both sides of the Niagara River,between the Niagara and Onondaga Escarpments was the great Lake Tonawanda.What is now the Welland River and Tonawanda Creek was at the bottom of this vanished great lake.It laid down deep clays,which provide the basis for the Pin Oak and vernal pool dominated Thundering Waters wetlands. This would be a truly historic legend and significant legacy to commemorate by Canada and the US." Annmgnhml (=_('tnlt')(‘1l(‘.2l r\|-I[JI\llA\JlI\.a\.4 rJlUr.I\/ll],Lllulu IUIIIUI vuulul Iulluvuuu u:zvnzv [1 ya r4\A u nu.an u---V,mu.vvv.va.v.n......v.-v with appropriately protected areas,a retreat for those who could benefit and -even a world wide destination for the growing numbers of "eco tourists".Expert planning would preserve the forest and enhance the image of Niagara Falls as a world class destination to experience all the natural wonders without any "man made"atrocities. Respectfully submitted for your consideration,thank you "Doubt less ~beIieve more,complain less -appreciate more,worry less ~dream more,fearless ~trust more, control less ~fIow more." Page 473 of 566 http://edis.ifas.uf|.edu/fr394 “Early childhood is a crucial period for the physical and cognitive development of children. People who work with young children-both formal and non-formal educators,preschool and nature center directors,school administrators and decision—makers,as well as other community leaders—might realize that the children in their care benefit from interactions with nature,but they might not have ready access to the literature that supports their observations.This publication reviews some of the literature and shows that young children need to go outside and be around nature regularly,describes some of the benefits chi|dren—and adults!—gain from av-----._._\4ua|I vu...|-v....J...a '...V V ...,—.._‘Va-care-ta-|<Uerswhohope to increase these opportunities-fortheiryoungsters.” httg://earlychildhoodmaggine.org/wp-content/ugloads/2012/O7/ECM118 11 The—importance- of-access-to-nature Louise—Chaw|a.gdf , As an environmental psychologist now working at the intersection of health,planning and design,my entry point into the issue of children’s access to nature has been an interest in the quCDllUll Ul Vvllal.|JlUIlI}Jl.D pUU}JIG LU l.Glr\U all GULIVU II ILUIUOL Ill Illculaall I3 aliu O(2|\.aH\alOll\alIlIu LII\.aIl environments.This question applies in both rural and urban areas,as the civic skills required to protect a forest or a river are much the same as those required to protect an urban environment. So what motivates people to notice the quality of their environment and take action? In research in the usa and Nonrvay,I found that the reasons people give when asked this question directly —for example,that they are concerned with human health or to protect resources for future generations —often have their roots in experiences in early childhood. When I asked people in an open—ended way to tell a story about their motivation,most drew on __.-.---L!_.-_L|__..I___l .l.'_ll._.._-:_I ..I---_recollections OT Inelr CTIIIGHOOCI,CISSCFIDIFIQCOHHBCIIOHS U18)’U30 Tell [0 special PIECES WHBIB they played as children.It was not usually in wild lands that interviewees located their memories;often it was in an urban park,a garden,orthe marginal green spaces found in many residential neighbourhoods.The connections they described were not necessarily to a sweeping landscape,but could be to a single tree.Even among adolescents,research shows a correlation between those who report having had positive experiences in nature as children and those who are taking action to protect their environment. https://wvvw.webmd.com/balancelfeatures/nature-therapy-ecotherap?jl Prescription:A Dose of Nature Many health care researchers and practitioners say that ecotherapy (also known as green therapy,nature therapy,and earth-centered therapy)--a term coined by pastoral counselor Howard Clinebell in his 1996 book of the same name —-can have regenerative powers, improving mood and easing anxiety,stress,and depression. But that’s not all.Health care providers are also giving their patients “nature prescriptions”to help treat a variety of medical conditions,from post-cancer fatigue to obesity,high blood pressure,and diabetes. https://www.gov.uk/government/news/connecting-with-nature-offers-a-new-aQproach-to-menta|- health—care A report published today (9 February 2016)shows that taking part in nature-based activities sufferinq a reduction levels of énxliety:stress,and depresgion. Page 474 of 566 The report A review of nature—based interventions for mental health care suggests making greater use of ‘green care’to help people suffering from mental ill-health.The new review was commissioned by Natural England from the University of Essex and Mir?,the UK’s leading mental health charity.Mental i||—health is on the rise and in England it is estimated that in any one year at least 1 in 4 people will experience a ‘significant’mental health problem.The new report suggests that green care interventions can provide an increasingly important and cost- effective way of supporting mental health services.The report focuses on the 3 main green care interventions that are currently helping people in England who have mental ill-health:care farming;environmental conservation;and social and therapeutic horticulture.The report making E:ir¥éFs}{ée'{J,$é6§ié€iaQésI;E.cj"b}ing'a"r.é'r{g"e'5€‘;3asit:vé15én;ra1;}a+iihésseiiiiith-eitistingvmental ill health.These include a reduction in depression,anxiety,and stress symptoms,and an improvement in dementia-related symptoms. Page 475 of 566 Lorna Anstruther P'o'.§','.‘L'lf.§fI ‘ May 6,2018 Dear Mayor Diodati and City Council: REVE MAY07 2018 PLANNING 3.VELOPMENT Re:GR (CAN)Investment Co Ltd Request for an Amendment to the City's Official Plan AM-2017-015 I am vehemently opposed to this request for an amendment to the City's Official Plan on numerous levels.I believe that this should have been an election issue so that we,the electorate,have a chance to see where each or you stands on this issue before this comes to council.Unfortunately the next council will have to deal with the aftermath of your decision. You,as our current representatives,have ONE CHANCEto get this right. When I asked Alex Herlovitch if anyone at City Hall had a degree in Environmental Studies from a recognized university,he said no.No disrespect to Mr Herlovitch but the recommendations (‘ih/'2 r1n'|' uuuu IJ\.aV\.al\.lrlIll\allI.\Il\Jl-\-L-Ill!!!\/111115.11;I.)IIlbI\A\.4 My mu.\..u.y .a |.Iu\.u\.\zI \II I Iuulluuuub,uunuuu part of his title)regarding this development are not based on first—hand knowledge of environmental issues,but those of a third party paid by the developer.As the saying goes,he who pays the piper calls the tune.Having taken urban planning courses at the same university and around the same time as Mr.Herlovich,I can tell you that the natural environment was not top of the professors’agenda. I will try to be as succinct as possible: ENVIRONMENT From an environmental point of view,this development will destroy the provincially significant wetlands in less than a generation.One needs only look at Firemen’s Park to see what happens uulqon vvII\..II Ilulllull IIuIJII.uI.I\lII ullu |.Il\_IIuI.uIuI \.IIvII\.IIIIII\..II|.II|\_\.L.III\.Iluuulul \.IlVlI\.lIIIII\.IIl.ulvvuyu loses.You cannot plant a few trees and wildflowers and say you have recreated a natural environment.A few parks,gardens and ornamental streams do not replace the natural environment. We have to be cognisant of the fact that wetlands are vital habitats for wildlife and native flora. They absorb water to help prevent flooding,the plants and trees help purify the air and Page 476 of 566 Lorna Anstruther emit oxygen that we need to survive.Wetlands need to be protected from encroachment and a fence with signage has never proven to work in the past. During the construction of the site,airborne dust will find its way into the wetlands,causing siltation...harmfu|to aquatic wildlife and plants that thrive in clear water.Nature trails widen over time as soil compacts and runoff kills surrounding flora.Boardwalks shade the ground that --',,IotherwisesawTulloroappleusunlight,destroying tnose micro-ecosystems tnat once tnriveo. And that says nothing about people who use natural areas as dumping grounds. Building so close to a natural area,causes stress on wildlife.We have a problem with coyotes, opossums,rats and raccoons in the city,therefore removing their habitat only increase the probability that they will find their way into the already built up areas.In a worst case scenario, wilrllifp clip:nnnrpr -.-us.run-nuns.\.«I\—.z \aII\a u...an...r4\I\(l\.al l\/I mu..-- SOCIAL IMPACT ASSESSMENT I have not seen a Social Impact Assessment done on this proposed development.Whether the developer neighbourhood. I’r 1 1:u . impact on those living in close proximity to the development site as well as people (and businesses)right across this city for decades to come. How will this impact people already living in the area?Area businesses? What types of problems will residents /businesses encounter during construction? How will construction noise and airborne dirt impact on people's health? How will property values be affected? How will neighbouring properties be affected? What impact will it have on City services? THE DEVELOPMENT I had a chance to speak with the developer through her interpreter at one of the public meetings.When first proposed,this development was touted as a self-contained community, so self-contained that people wouldn't even have to leave it.When I asked her about what Page 477 of 566 Lorna Anstruther ,I\.. economic benefits there would be to the rest of the City,she and her interpreter laughed in my face.And I might add,never answered the question.When pressed about the city within a city,she said no,it was going to be a retirement community.Then she mentioned the need for schools.When asked why a school would be needed in a retirement community she said that the City might request one.I find that highly unlikely in a retirement community.In Saturday's Niagara Falls Review,the development picture on the front page seems to be the same one as during the first presentation to council that I saw.I ask you,is that a retirement community because a retirement community is certainly not what is described in the Review.I don't know too many that have 500 hotel units and 879 dwellings (as per the public notice)and according to the paper,a commercial core!!!What is really being proposed by this developer? As noted in the application from GR (CAN)and reported in the Niagara Falls Review (May 5, 2018 page A1),it will be a "complete community".Since this is to be a complete community, can the Director of Planning please advise us of where the low income affordable housing is to be located in this new community?Can he show where the consultation with our local indigenous community has been conducted to ensure that there are no treaty or special considerations that need to be addressed?Or are we really talking about a playground for the rich dedicated to providing easy access to the Casino and quite literally isolated from the ”rest” of the City of Niagara Falls?is this new community both se|f~sufficient and sustainable or are we,the residents,going to be asked once again to subsidize development and on-going maintenance for the good of the few? I see this development as a city within a city,not a neighbourhood within Niagara Falls.I do not see that if this development is ultimately approved that the rest of the City will see any _f_._Z£f-_.-.L ---.__.__:_.I._..._I._.....-....L.I-\v\r\f‘I\f\I‘slgnmcant ECOHUHIIC UeVE|U[JlllBlIL.I [ll IIUL Lllti Ullly UIH:WIIU but!)Llllb uCvt:lU|JIIIt:IIL as LIIC creation of Niagara Falls’very own Chinatown despite the developer saying it isn't.A few may benefit but not the majority of the residents of this City.And the environment will certainly be the poorer for it. From my interaction with the developer,I do not trust her.It seems to me that she tells you laughs question.The fact that ''''‘'‘'’'*’’’’'*’W1"-4 this development is being financed partly by the Chinese government has me even more wary. ldon’t believe that we should be doing business with a communist regime that has little regard for human rights. Page 478 of 566 Lorna Anstruther In summary,I ask you to vote NO on this proposed amendment to the City's Official Plan.You have this one chance to protect a provincially significant wetland and preserve our natural heritage for this and future generations.If the natural environment means nothing to you and you vote yes,what financial penalties will be assessed to the developer when the wetlands are no long viable?She has said that the plan is for 'zero impact’on them.Sorry,I don't believe her.She should be held accountable and made to pay and pay significantly for any degradation those provincially significant wetlands sustain. And if this decision comes to a tie vote,I expect the Mayor to declare a conflict of interest as his trip to China was paid for by this developer. Sincerely, Lorna Anstruther, CC Planning Department,Wayne Gates MPP Page 479 of 566 N SAVANTA Vcaum. May 4,2018 City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls,ON -_u—ué-—I V W MAY04 2018 P ANNING 8:D %'fELOPMENT Q,m..m‘;a : FH8.‘U LZI:OX0 "*"“*"'-‘“"*"I ‘ Attention:John Barnsley,MCIP,RPP Manager Policy Planning Dear Mr.Barnsley: Re:Riverfront Community Official Plan Amendment,Savanta File 7602 Woodland AmphibianBreeding Habitat Assessment This technical letter was prepared to address comments received from the Niagara Peninsula Conservation Authority (NPCA)(Deluce,D.,dated April 5,2018)associated with candidate woodland amphibian breeding habitat within the Official Plan Amendment (OPA)area for the proposed Riverfront Community.This letter should be reviewed in conjunction with the Environmental Impact Study (EIS)(Savanta Inc.2017), Environmental Impact Study Addendum (Savanta Inc.2018),and comments from the NPCA and Niagara Region (Region)(Fricke,B.,dated April 5,2018). The Study Area and Subject Lands for this work occur centrally within the City of Niagara Falls (City),north of the Welland River/Chippawa Parkway,east of the Ontario Power Generation Inc.(OPG)/Chippawa Power Canal,south of Oldfield Road and west of Stanley Avenue. The candidate woodland amphibian breeding habitat is located in a small wooded area (FOD7—3of Figure 9a of the Addendum)in the northwest corner of the OPA boundaries, approximately 20 m east of Dorchester Road.On April 26,2018,Savanta’s ecologists completed an assessment of the features to assess suitability of pool characteristics for breeding amphibians (salamanders and frogs).Both pools held water at the time of the 37 BellevueTerraceSt.CatharinesONL28 1P4Canada 905-704-4447 1-800-810-3281 Page 480 of 566 I}!SAVANTA Riverfront Community OPA Woodland Amphibian Breeding Habitat Assessment site visit and visual searches for egg masses and tadpoles were completed.The results of the habitat assessment are shown in Table 1 below. Table 1:Riverfront Community FOD 7-3 Vernal Pool Characteristics ,, _l _.._Vernal Pool Size b'e';$Ii.Significant Wildlife Habitat Feature ID (m?)(cm) Habitat characteristics Ecoregion 7E CriteriaMet _Fallenbranches,logs,emergent vegetation,No,poolis not 500m?insize,and isSHAS7A4161050shrubs;no predatory?sh present unlikelyto holdwater to mid-July. SHAS7B 179 10_20 Fallenbranches,logs,emergent vegetation,No,poolis not 500m?and is shrubs;No predatoryfishobserved unlikelyto holdwater to mid-July. According to habitat criteria for Amphibian Breeding Habitat (Woodland),as per the Significant Wildlife Habitat Criterion Schedule (SWHCS)for Ecoregion 7E (MNRF,2015),neither pool meets the minimum size criteria of 500 m2.Further,the depths of pooled water observed in spring 2018 do not likely allow for a hydroperiod that would extend into mid-July to allow maturation of larval amphibians to adults.Based on the size and hydroperiod,these features do not meet the minimum habitat criteria for SWH of this type. Despite the pools not meeting the minimum habitat criteria for candidate SWH,observations during 2017 field surveys completed by Savanta staff and reports received from the public indicating that Dorchester Road may contribute to high mortality of amphibians during the spring llUI\.4l\\iIJ uuuuu -..v...r.,.vu \?uw-n..y........-...'..r...-..._..._._..-.._.-......_,..._.....___.__.._.._-..7..-.- these concerns and the close proximity of the vernal pools in FOD 7-3 to Dorchester Road,further ecological studies were completed in 2018 to assess mortality incidents on Dorchester Road and to confirm the suitability of the vernal pools for breeding amphibians. Visual surveys for egg masses in the vernal pool features identified Western Chorus Frog adults in one of the pools (SHAS—7B),and egg masses of the same species in the other (SHAS-7A). Western Chorus Frog has been documented extensively throughout the Riverfront Community property,primarily in the slough wetland forest outside the OPA boundary.Additional records of Western Chorus Frog to the west of Dorchester have also been documented,indicating a likelihood of movement across Dorchester between the Riverfront property and OPG Canal lands. pool provides habitat for Western Chorus Frog,for the significance threshold to be File:7602 May4,2018 Page 2 of4 Page 481 of 566 i}\SAVANTA Riverfront Community OPA Woodland Amphibian Breeding Habitat Assessment met for this SWH type,at least 20 individuals of two species of frog must be present.This threshold was not met for either of the vernal pool features. A tally of amphibians found dead on Dorchester Road was completed on April 28,2018,following evening with precipitation.This tally resulted in documentation of 8 Blue-spotted Salamander, 2 Western Chorus Frog,and 2 unidentifiable amphibian mortalities found on and adjacent to Dorchester Road.As previously identified in Savanta reports,existing road mortality effects are associated with existing traffic usage on Dorchester Road.Efforts to reduce these current impacts on the resident amphibian populations will be recommended as planning stages advance. _--l..._......._..._..‘.__..-_._.__..........a ...v _..-_.._..__l_..____.____ significant wildlife habitat for woodland amphibian breeding habitat,a conservative approach was taken,and they were assessed in spring 2018.The species diversity and abundance thresholds for significance in accordance with SWHCS (MNRF,2015)were not met.Mitigation efforts to minimize the existing mortality events of migrating amphibians on Dorchester Road are to be considered as part of the traffic and road design studies advanced in later stages of planning. Yours truly, SAVANTA INC 8W Shelley Lohnes Kyle Hunt Senior Ecologist Project Manager she|ley|ohnes@savanta.ca k lehunt savanta.ca 1-800-810-3281 Ext 1230 1-800-810-3281 Ext 1300 c:Alex Herlovich,City of Niagara Falls David Deluce,Niagara Peninsula Conservation Authority John Henricks,Niagara Planning Group f,‘E)f";-um FCH9 Olll,\JI'\k;dIl Tom Hilditch,Savanta Inc. File:7602 May4,2018 Page 3 of4 Page 482 of 566 I)!SAVANTA Riverfront Community OPA Woodland Amphibian Breeding Habitat Assessment REFERENCES Deluce,D.Letter to City of Niagara Falls from Niagara Peninsula Conservation Authority.Letter dated April 5,2018;Niagara Peninsula Conservation Authority (NPCA)Comments Application for Official Plan Amendment Riverfront Community,City of Niagara Falls. Fricke,B.and D.Heyworth.Letterto City of Niagara Falls from Niagara Region.Letter dated April 5,2018;Provincial and Regional Comments Application for Official Plan Amendment Address: 8100 Dorchester Road,Niagara Falls. Ministry of Natural Resources and Forestry (MNRF)2015.Significant wildlife habitat criteria schedules for ecoregion 7E. Savanta Inc.2017.Environmental Impact Study prepared for GR (Canada)Investments, September2017. Savanta Inc.2018.Environmental Impact Study Addendum,prepared for GR (Canada) Investments,March 2018. Page 483 of 566 1 Teresa Fabbro From:Bill Matson Sent:Tuesday, May 08, 2018 9:22 AM To:Teresa Fabbro Subject:FW: An astonishing lack of judgement - Re: People being PAID to exclude opponents to a planning proposal at a public meeting??? Attachments:image2.PNG; image1.PNG Teresa, Let’s add the email as correspondence to the Riverfront Community Public Meeting portion of the agenda but not the attached images since they contain names of people not consenting to their information being posted. Bill From: Derek Jones [mailto:derekj@vaxxine.com] Sent: Tuesday, May 08, 2018 1:02 AM To: Victor Pietrangelo; Vince Kerrio; Carolynn Ioannoni iPhone Account; Fred Kratz; Joyce Morocco Bell Account; Kim Craitor Cogeco Account; Mike Strange; Wayne Thomson Fallview Account; Jim Diodati Cc: John Barnsley; Bill Matson Subject: An astonishing lack of judgement - Re: People being PAID to exclude opponents to a planning proposal at a public meeting??? Dear Councillors and City Staff, I also became aware of this earlier. Mr. Matson, please attach this letter to the agenda for tomorrow's meeting. I had originally planned a much different letter. Things can sometimes change quickly. Honestly, I thought this was a joke, or faked. So crude I didn't want to believe it. But I took some time to do some proper research and gathered evidence, and did not like what I found. I will try to keep my composure, but quite frankly, I'm simultaneously sad and furious. The owner of the Facebook account this "paid casting call" originated from is currently in the process of trying to remove all related Facebook posts, but not before copies were made. See attached for Facebook Posts from another separate source who noticed and made copies. And there are more. It was my truest hope not to become involved in any political nonsense that I have seen revolving around this project, and I had hoped to simply speak as a long-time NF resident on Tues. night in order to relay my concerns, after waiting patiently for over two years for the opportunity to do so. I wanted to be respectful, stick to the facts, and talk about my concerns with passion, grace and dignity, in the hopes I could convince Council that this project should not be approved, due to numerous flaws still present, and to explain how it is simply not a good fit for the location. As you know, many other residents who are equally passionate about our great City agree. And now the process is corrupted, thanks to someone who could not play fair, and thought to recruit artificial opposition, in a desperate attempt to offset the many real voices, real residents, with real concerns, who have nothing but respect for all of your hard work, and for this process. However, trust in that process is now broken because of this heinous and shameful attempt at bribery. The process is broken. Page 484 of 566 2 Now it breaks my heart to learn that a supposedly upstanding and respected member of the Niagara Falls business community, a person may of you know, with significant ties the Developer, has stooped this lowest level. Astounding and outrageous. Sadly, it would not be the first time. I don't have to say the name, you know him. And you know his stake. We all do. Investing before a decision, and now trying to upset the playing field, and cheat to increase the odds, while simultaneously disrespecting the many, many people who care very deeply about our Environment, our City, and our children's future, is calling us "hippies". And now we all know he will do anything to seek Councils favour and do absolutely anything to secure your vote in favour of this misguided Development. I had so hoped it would not come to this. Needless to say, this is extremely disturbing and disappointing news on the eve of a very important meeting, one that is important to us all. I live on the edge of this mistreated, yet still grand Forest. The Forest has seen a lot of abuse, yet somehow has come back from the dead to become a thriving wildlife sanctuary, and amazing natural space, once again. Life finds a way. And now this? This has completely exhausted my patience, and I'm afraid I'm not alone. In light of this astonishing lack of judgement, I'm not sure if I should even attend the meeting that I've waited so long for tomorrow. Because this is the kind of political garbage I had tried so hard to avoid. However, it seems the deck is being stacked against my humble efforts. And corruption has a unique odour that is simply not compatible with my senses. And yet, when there is money at stake, things often take a tragic turn for the worse. How offensive that it has come to this point, where bribing people to support this project would become necessary. And as if this is not disturbing enough on it's own (and it is), the Developer for "Riverfront" very recently posted a news article on their website, of a photo op with M.P.P. Wayne Gates, Sandy Annuziatta, and Helen Chang. The article went on to state that "M.P.P. Gates supports the Riverfront community". But someone followed up with M.P.P. Gates for clarification on "his" comments. Sadly, M.P.P. Gates replied to state that the article was an unauthorized fabrication, and was posted on the developer's website without his knowledge or authorization. His exact words were "I wanted to let you know that was the first I saw of that article and it's an absolutely fabrication, I never said anything of the sort. Frankly, I'm furious about their conduct here so I've sent them a demand to cease and desist" . The article was subsequently removed, but not before copies were made, and not before it obviously upset Wayne, who was "furious about their conduct". With elections coming up, he does not want to be caught in controversy, but somehow it found him, despite his best wishes. You can confirm this with his office if you wish, understanding there are records of the conversation. All of this doesn't exactly scream "above board", does it? What is going on in our City? It's unacceptable, to say the least. I care very much about, and am very proud of my home town. It's where I chose to live and raise my family. With all of this unwelcome controversy, that is getting harder. There needs to be a) an immediate halt to this project. It cannot be voted on now that this corruption has been exposed, and b) there needs to be a complete and independent investigation of this criminal corruption, and this investigation needs to be announced prior to any other discussion of this planning matter, in front of the public, at Tuesdays public meeting. I believe the public has a right to know, and obviously all of this information should be verified independently. I can't imagine what the excuses might be! There is nothing about this corruption that should be discussed in-camera before the public meeting either. To my mind, that would not be a good show of public faith or trust. This clearly needs to be discussed honestly and openly, with the public, and please mention this to legal. These revelations of corruption are quite serious, and find us past the breaking point with this project in many ways. Please understand that I have nothing to do with any of this, merely an informed messenger who cares about our City, so if anyone is frustrated by this unfortunate news, please understand that no one is more frustrated than I am. That much should be obvious. And I am positive that frustration will spread further. What a nightmare! As you must be aware by now, this project has become a huge monkey on this City's back. Frankly, we can do much better. It's time to stop and reset. I've lived in Niagara Falls most of my life. I love my City, but it appears some things are changing for the Page 485 of 566 3 worse. Is this the kind of corruption we're inviting to our beloved City? Is this the cost of getting business done? Is this how we balance the Economy with the Environment? I always understood that when that delicate balance starts to tip too far in either direction, then it's time for a full stop, a reset, in order to consider and restore that important balance. Today, that balance has not been tipped, but pushed far over the edge, with extreme force and prejudice. I feel ill, and I feel sad for my City, my home . I'm exhausted, and frankly a little scared by all of this, and my heart is beating out of my chest. I need to go home and hug my children. Hopefully tomorrow will be a better day for our beautiful City. I have so much more to say. Thank you for taking the time to read my concerns about these truly disturbing and most unfortunate events. Regards, Derek Jones Resident, Niagara Falls, ON Page 486 of 566 Rita Marriott S 3: f From:Gwen Donofrio 25/’7 '0 "5 Sent:Tuesday,May 8,2018 8:42 AM To:Alex Herlovitch;John Barnsley;Rita Marriott Subject:FW:Official Plan Amendment Application —Riverfront Community (AM—2017—O15) Rita,another one for Council. Sent:Monday,May 7,2018 8:53 PM To:Gwen Donofrio;Wayne Thomson FallviewAccount;Mike Strange;Joyce Morocco Bell Account;Joyce Morocco;Victor Pietrangelo;Vince Kerrio;Carolynn Ioannoni iPhone Account;Carolynn Ioannoni;Kim Craitor Cogeco Account;Wayne Campbell;Jim Diodati Subject:Official Plan Amendment Application —Riverfront Community (AM—2017—015) Dear Councillors &Planning Officials, I am a lifetime resident of Niagara Falls,a 10 year home owner and taxpayer and a voter in every election since I was eligible. I strongly support development in this city,both because I am a tradesperson (and directly bene?t via work)and because I want Niagara Falls to prosper.I am opposed to the Riverfront/Thundering Waters development proposal on the grounds that I believe that the land holds more value as a preserved ecosystem than it does as a development (Jobs. wouldioccurifthedevelopment went held no fsigrii?cance.More so,if the development was to go forward in a neighborhood that is currently depressed (Downtown,Stanley North,Silvertown),the economic value would be even higher because it would support local small business and help to bring vitality back to these neighborhoods. We can no longer afford to move forward with development in Niagara Falls in ways that destroy the ecological signi?cance of our habitats,stripping current and future generations of the opportunity to benefit from scienti?c discoveriesand environmentalerijoyment.We must be greaterstewards of ourlands thanthe generations of developers that came before us. While I know that the forthcoming election is likely forefront in your mind,you should know that it is so clearly in the forefront of in the minds of your constituents.You've been elected to represent the citizens of Niagara Falls and I would like you all to represent me by stopping this development from moving forward on and near these ecologically signi?cant lands.“—,—é_.-5:.-‘-I -.3 1 ‘ TICKIIZIVCLI Thank you, 'MAY-8 2018 PLANNING Elliott Herman 3‘DEVELOPMENT Niagara Falls,Orltario Page 487 of 566 1n 2 Rita Marriott From:Gwen Donofrio Sent:Tuesday,May 8,2018 8:41 AM p *«v V ""“ To:Alex Herlovitch;John Barnsley;Rita Marriott Subject:FW:Notice of Official Plan Amendment Application —Riverfront Community (AM—2017-015) M Hm ‘5 Rita,please fon/vard to Teresa._ A A l |:2r=nI=IVED I Ij‘Jj--2-—— Thanks, Gwen MAY-3 2018 From:VICTORIABRZOZOWSKI Sent:Monday,May 7,2018 5:54 PM To:Gwen Donofrio Subject:Notice of Official Plan Amendment Application —Riverfront Community (AM-2017-015) ANNINGPLMENT Good Afternoon, I am opposed the proposed Riverfront Community development on or in any protected or ecologically signi?cant environments. The developer's proposal should be revised and only be approved by council if the location is changed to a more __..1...__1..-...¢:.....,V...,.,..'..11-.1......-".4-I-‘:,.l.-I LlfU'dIl 1UU'clLlUIl,C5pUUl'dl1_y 'c1 UlUWl1J.lUlu. Thank you, Victoria Brzozowski Page 488 of 566 Teresa Fabbro From:BillMatson l‘_...I..IA_..I\”I "\f\‘l(‘b I"'.I\(\ DEIIIZ |VlUHUi:ly,may Ul,AUJJ3 JLUI7 f‘|V| To:Teresa Fabbro Subject:FW:May 8 re Thundering Waters Attachments:Nature and mental hea|th.docx Teresa, This was addressed to Council Members and copied to John Barnsley and myself.i thinkit would be good to include this along with the other Thundering Waters correspondence. Bill From:Linda Babb [mailto ¢?-..n..luI-.._I_.. Deni}:IVIUHUCIY,l"|dy U/,4Ul6 JJUD |"l"i To:Vince Kerrio;Carolynn Ioannoni iPhone Account;Fred Kratz;Joyce Morocco BellAccount;Kim Craitor Cogeco Account;Mike Strange;Victor Pietrangelo;Wayne Thomson FallviewAccount Cc:John Barnsiey;BiiiMatson Subject:May 8 re Thundering Waters Dear Members of Council By now you should have your "packages"of information pertaining to the above noted topic.Whether the title is Riverfront,Paradise or Thundering Waters -it is still the fragile ecosystem that is under threat of a death warr ant. I have written to you on numerous occasions questioning the legitimacy of the process,potential threats of ?ooding,bene?ts of retaining a carbon sink,preserving the trees that clean our air,protecting endangered species (salamanders,and bats alike),plant animal and insect (pollinators especially)and most importantly, lO0l{lng to the legacy you,1I1Cl1V1Ciual£y and collectively choose to leave as me legacy or me 2.Ul4—Z,UltS Municipal Council of Niagara Falls. Today,let‘s look at a less contentious Qorentiallegacy.Where do you,individually and collectively,really stand on Mental Health?it's a "hot topic"throughout the Province and the Region.All manner of "elected individuals"speaking out on the "need"to do whatever can be done to consider initiatives to address this increasing problem for all ages. In the context of preserving an existing natural habitat and preventing any destruction on the excuse of potential (uncon?rmed)economic bene?t I offer food for thought for the long term and for what you may be remembered for. We ALL care about the weil being of children whether they are g_u__[childrenor not.We ALL have or had parents."Mental Health"challenges are no respecters of age or gender.What does that have to \Nat;=.r2:Fnrngt’?nhgnlntelv cu us nu-“nun...-.-3 -uv-.-.1.......v\.....‘v.-—.'u.v.v.....:,..-.1‘,.v..._..J --...._nuuv....—..J .-u tn‘-vturibii-I uuuv effects. Page 489 of 566 I have attached a document with a brief sampling of some "selected"research pertinent to the topic at hand. Further to that here is an extract from a letter I addressed to The Hon Catharine McKinnon last year. "F:urA|m (*l1r\Av-\|-|:tIt1-I-rxrui-II n<F‘f‘nn~p;:.p-‘.3.-n+u.nn nun]‘)1-r\u;r\r-A f\l'\I‘I’|lT1I'{'I‘Y\l3I\f OIVCII Lllat LUI I 1::l.llG LJU rXll11lVV1Dal_)’U1 \./Ull1\.A1Lola.l.1Uu allu 1 11111 l.ll\/1 luvuluv nu.)atutvu u uuluuuuuvru Lu increased protection of the Greenbelt and signi?cant protected ecosystems unique to Ontario —we would ask that you, together with the appropriate Provincial and Federal Ministries,find the way to designate the land in question,including the 250 acres of Carolinian Forest,as a National Park,or Provincial park in perpetuity,conjoined as possible,with the Niagara Escarpment.It seems ?tting to commemorate this particular area within the historical connection with the War of 1812 and the connection with the creation of our nation. If this were possible,the proposedpark could be of internationalimportance given that the subject land falls within the geographical parameters Tonawanda,a prehistoric that existed approximately 10,000 years ago at the end of the last ice age,in Western New York,United StatesmThe lake existed on the southern (upper)side of the Niagara Escarpment east of the present course of the Niagara River between Early Lake Erie to the south and Glacial Lake Iroguois (the ancestor of Lake Ontario)to the north.During the retreat of the glaciers,the water levels of the _(_}i_e_a‘g Lakes were higher.Lake Tonawanda was created and fed by the elevated waters of Lake Erie.Lake Tonawanda itself was drained into Lake Ontario by a series of falls over the escarpment,including one at present day Lockpoit,New York. The lake evaporated when the waters of Lake Erie dropped below the level of the feeder streams to the lake.Subsequently 5Il(P F«‘rip,rlrninprl eqnsn'nment AJI-lllw ;..u Iv uni \4«.|1A\4\a u v ‘(I u;v \4sr\4|-tn.r...uun.‘an...x...)I-AAA \/"Du ..‘Aw.u......—..-..,............,...-.D--.J _---..__. former lakebed.The remains of the previous falls,which rivalled Niagai‘ai;AallAs.in grandeur,can be seen escarpment.(source:Wikipedia) Following the retreat,only 2,400 years ago,on both sides of the Niagara River,between the Niagara and Onondaga Escarpments was the great Lake Tonawanda.What is now the Welland River and Tonawanda Creek was at the bottom of this vanished great lake.It laid down deep clays,which provide the basis for the Pin Oak and vernal pool dominated Thundering Waters wetlands. This would be a truly historic legend and signi?cant legacy to commemorate by Canada and the US." Approached properly,that land could remain,in Qerpetuitm a park for all time,an ecological reserve with appropriately protected areas,a retreat for those who could benefit and —even a world wide destination for the growing numbers of "eco tourists".Expert planning would preserve the forest and enhance the image of Niagara Falls as a world class destination to experience all the natural wonders atrocities. 4 Respectfully submitted for your consideration,thank you Linda Babb "Doubt less -vbelieve more,complain less -«appreciate more,worry less ~dream more,fear less ~trust more, control less ~?ow more." Page 490 of 566 httgz//edis.ifas.ufI.edu/fr394 "Early childhood is a crucial period for the physical and cognitive development of children. People who work with young chi|dren—both formal and non-formal educators,preschool and nature center directors,school administrators and decisiommakers,as well as other community |eaders—-—mightrealize that the children in their care benefit from interactions with nature,but they might not have ready access to the literature that supports their observations.This publication reviews some of the literature and shows that young chiidren need to go outside and be around nature regularly,describes some of the benefits chi|dren~—and adults !——gainfrom playing suqqests parents. caretalzerswnononetoincreeisetheseopportunitiesfortheir youngsters.”' http://earlyghildhoodmagazine.org/wp-content/uploads/2012/07/ECM118 11 The—importance- of-access-to-nature Louise-Chaw|a.pdf As an environmental psychologist now working at the intersection of heaith,planning and design,my entry point into the issue of children's access to nature has been an interest in the npnnln gafnnilnrdinn quvunivu:vu vvnuu luII\4lI|r/\\4 rzvvl-luv \v nuuxv vuu mvuvv in:-vuvvu nu u-um:-unuuuuu \41lIV\uu...,:,..n......... environments.This question applies in both rural and urban areas,as the civic skills reqiireduto protect a forest or a river are much the same as those required to protect an urban environment. So what motivates people to notice the quality of their environment and take action? In research in the usa and Non/vay,i found that the reasons people give when asked this question directly —for example,that they are concerned with human health or to protect resources for future generations ——often have their roots in experiences in early childhood. When i asked people in an open—ended way to tell a story about their motivation,most drew on Aklh-llan;-.r-I AApnnAA‘:Ann IUDUIIULIUUIID Ul ll ICEI UHIIUHUUU,UCDb||lJl|l9 UUIIIIUULIUIIO LIlUy [IOU ICIL i.U DVUUIGI plauca VVIICIC they played as children.It was not usually in wild lands that interviewees located their memories;often it was in an urban park,a garden,or the marginal green spaces found in many residential neighbourhoods.The connections they described were not necessarily to a sweeping landscape,but could be to a single tree.Even among adolescents,research shows a correlation between those who report having had positive experiences in nature as children and those who are taking action to protect their environment. (I u;https://wwwwepmo.com/balance/reatu res/nature-Inerapy-ecotnera_py#'I Prescription:A Dose of Nature Many health care researchers and practitioners say that ecotherapy (also known as green therapy,nature therapy,and earth-centered therapy)——a term coined by pastoral counselor Howard Ciinebell in his 1996 book of the same name —~can have regenerative powers, improving mood and easing anxiety,stress,and depression. But that’s not all.Health care providers are also giving their patients “nature prescriptions"to help treat a variety of medical conditions,from post~cancer fatigue to obesity,high blood gressure,and diabetes. httgs://www.gov.uk/government/news/connecting-with-nature-offers—a-new-aggroach-to-mentab health—care A report published today (9 February 2016)shows that taking part in nature-based activities helps people who are suffering from mental i|l—hea|th and can contribute to a reduction in levels of énxiety,’stress,and depression. Page 491 of 566 The report A review of nature—based interventions for mental health care suggests making greater use of ‘green care’to help people suffering from mentai ill-health.The new review was commissioned by Natural England from the University of Essex and Mind,the UK’s leading mental health charity.Mental ill-health is on the rise and in England it is estimated that in any one year at least 1 in 4 people will experience a ‘significant’mental health problem.The new report suggests that green care interventions can provide an increasingly important and cost- effective way of supporting mental heaith services.The report focuses on the 3 main green care interventions that are currently helping people in England who have mental ill-health:care farming;environmental conservation;and social and therapeutic horticulture.The report presents protects already making oifferencetopeop|e’s lives and bringé range of positive benefits for those withexistingmental ill health.These include a reduction in depression,anxiety,and stress symptoms,and an improvement in dementia-related symptoms. Page 492 of 566 Rita Marriott From:Alex Herlovitch Sent:Monday,May 7,2018 3351 PM To: A Teresa Fabbro;BillMatson;Rita Marriott;John Barnsley Cc:Gwen Donofrio Subject:Fwd:Riverfront Community—WE SUPPORT |T!!!!! Please include on the Council Agenda for May 8. 0w/ { i ---_...--..r _..._-__- -CEE MAY-72018 Sent from my iPad Begin forwarded message: 3.DE?-.§'i'c“a‘}l“1?’ENT From:Carey Campbell <‘ " ' Date:May 7,2018 at 11:30:01 AMEDT'a%r"kw)\7’0\ To:Alex Herlovitch < Subject:FW:Riverfront C0mmunity-WE SUPPORT IT!!!!! From:Murna Dalton [mailtozl ] Sent:May 7,2018 10:19 AM l3'ernicel\dowat Subject:Riverfront Community-WE SUPPORT IT!!!!! I am sending this note on behalf of my mother,Bernice Mowat of Tobey Cres.,Niagara Falls,in support of the Riverfront Community.As a lifelong resident of Niagara Falls and with this long- overdue development almost in her back yard,my mother was Very excited some years ago when she heard about it.To her dismay,the repeated delays have her worrying that the wonderful opportunity for jobs and renewed prosperity will be lost as so many other development opportunities have been lost due to trivial issues in Niagara region.Please vote yes for the River?ont Community tonight. Murna Dalton Page 493 of 566 Rita Marriott From:Gwen Donofrio sent:Iuesaay,May 23,40125 5:41 AM \-.7 W V '‘" To:Alex Herlovitch;John Barnsley;Rita Marriott Subject:FW:Notice of Official Plan Amendment Application —Riverfront Community (AM—2017—O15)‘ »'l':mmg: Rita,please fonNard to Teresa. I Ijéj -- MAY-8 2018 PLANNING &DEVELOPMENT xi Qrw7 17/S‘ Thanks, Gwen From:VICTORIA BRZOZOWSKI Sent:Monday,May 7,2018 5:54 PM To:Gwen Donofrio Subject:Notice of Official Plan Amendment Application -Riverfront Community (AM—2017-O15) Good Afternoon, I am opposed the proposed Riverfront Community development on or in any protected or ecologically signi?cant environments. The developer's proposal should be revised and only be approved by council if the location is changed to a more 111-lwqn krnxxm?pl? uLUu1L Auvutxvlx,\lLJkJ\I\J1I.A-.l..l.Ju u1u vv11J.1.\u\.L. Thank you, Victoria Brzozowski Page 494 of 566 Rita Marriott From:John Barnsley 'I".._...I._..|A....O !\.')'7 gt f.‘/ bent:|U(;‘bUdy,lV|dy O,LU I O SL3!l'\lVl To-Rita Marriott ‘°"""“'i’i" Subject:FW:Amphibian —GR I-,;.id-‘S Attachments:7602_AmphBreedHab Ltr_2May2018_TLH.pdf '‘T ‘T /- gm ’7~O(§ RECEIV DHiRita: I'll-\l ‘0 LUIOCanyousendthistoTeresa? PLANNING &DEVELOPMENTThanks! From:David Deluce _, Sent:May 8,2018 9:10 AM To:John Barnsley Cc:Heyworth,David;Fricke,Britney;Lee-Ann Hamilton Subject:FW:Amphibian -GR HiJohn, In response to the May 4,2018 correspondence from Savanta,we offer the following.The NPCA appreciates that vernal pool sizes can fluctuate over a season depending on precipitation rates,as well as from year to year depending on conditions and therefore agree that due to the size of the pools(SHAS7A particular)surveys according to the SWH Criteria Schedule 7E is warranted.Apart from the dates of the assessment of the pool characteristics and road mortality survey,the letter does not indicate when and how many times egg mass surveys were conducted,whether call count surveys were conducted,and details of the results in order to determine whether the surveys meet the requirements for SWH determination.Due to variability in call and egg mass dates for the variety of frog/salamander species that could use these pools,multiple visits should be conducted,and ideally linked to species presence within the larger wetland complex to ensure proper timing.Therefore,our comments of April 5,2018 remain unchanged at this time. any please ._l.__..._....._._,.... Regards, David Deluce,MCIP,RPP Manager,Plan Review &Regulations Niagara Peninsula Conservation Authority (NPCA) 250 Thorold Road West,3"‘Floor,Welland,ON,L3G 3W2 905—788—_3135,ext.224 ddeluce n ca.ca www.n9ca.ca The information contained in this communication,including any attachment(s),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 noti?ed that any dissemination,distribution, disclosure or copying of this communication,or any of its contents,is STRICTLY PROHIBITED.If you have original -yvv...v...u......,—.v................—..........._-----...-,I...-...,v ---v-...---_----w---._-w ---....-___......._,-,---.-.__-___o___,._-._..,,,.__._, from your computer system.Thank-you.Niagara Peninsula Conservation Authority. Page 495 of 566 N SAVANTA May 4,2018 City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls,ON L2E 6X5 Attention:John Barnsley,MCIP,RPP Manager Policy Planning Dear Mr.Barnsley: Official Plan Amendment,Savanta File 7602 Woodland AmphibianBreeding Habitat Assessment This technical letter was prepared to address comments received from the Niagara Peninsula Conservation Authority (NPCA)(Deluce,D.,dated April 5,2018)associated with candidate woodland amphibian breeding habitat within the Official Plan Amendment (OPA)area for the proposed Riverfront Community.This letter should be reviewed in conjunction with the Environmental Impact Study (EIS)(Savanta Inc.2017), Environmental Impact Study Addendum (Savanta inc.2018),and comments from the NPCA and Niagara Region (Region)(Fricke,B.,dated April 5,2018). The Study Area and Subject Lands for this work occur centrally within the City of Niagara Falls (City),north of the Welland River/Chippawa Parkway,east of the Ontario Power Generation Inc.(OPG)/Chippawa Power Canal,south of Oldfield Road and west of Stanley Avenue. The candidate woodland amphibian breeding habitat is located in a small wooded area (FOD7-3 of Figure 9a of the Addendum)in the northwest corner of the OPA boundaries, approximately 20 m east of Dorchester Road.On April 26,2018,Savanta’s ecologists completed an assessment of the features to assess suitability of pool characteristics for breeding amphibians (salamanders and frogs).Both pools held water at the time of the 37 BellevueTerrace St.CatharinesONL231P4Canada 905-704-4447 1-800-810-3281 Page 496 of 566 I)!SAVANTA Riverfront Community OPA Woodland Amphibian Breeding Habitat Assessment site visit and visual searches for egg masses and tadpoles were completed.The results of the habitat assessment are shown in Table 1 below. Table 1:Riverfront Community FOD 7-3 Vernal Pool Characteristics Il?llilVernalPoolSize ...Signi?cant WildlifeHabitat Feature ID ‘(m2)[:::)h Habltat charactens?cs Ecoregion 7E CriteriaMet _Fallenbranches,logs,emergent vegetation,No,poolis not 500m?insize,and isSHAS7Ax4161050shrubs;no predatoryfishpresent unlikelyto holdwater to mid-July. ’SHAS73 I179 10_20 Fallenbranches,logs,emergent vegetation,No,poolis not 500m?and is shrubs;No predatoryfishobserved unlikelyto holdwaterto mid-July. According to habitat criteria for Amphibian Breeding Habitat (Woodland),as per the Significant Wildlife Habitat Criterion Schedule (SWHCS)for Ecoregion 7E (MNRF,2015),neither pool meets the minimum size criteria of 500 m2.Further,the depths of pooled water observed in spring 2018 do not likely allow for a hydroperiod that would extend into mid-July to allow maturation of larval amphibians to adults.Based on the size and hydroperiod,these features do not meet the minimum habitat criteria for SWH of this type. Despite the pools not meeting the minimum habitat criteria for candidate SWH,observations during 2017 field surveys completed by Savanta staff and reports received from the public indicating that Dorchester Road may contribute to high mortality of amphibians during the spring my-nvnnfnrl IIIIBIGLUIY OCGDUII PIUIIIPLCU G LILIIIDCIVGLIVG GPPILJGUII LL)GOOCDOIIICIIL LJI LIIGOC IGGLLJIGO.LJLJG L\J these concerns and the close proximity of the vernal pools in FOD 7-3 to Dorchester Road,further ecological studies were completed in 2018 to assess mortality incidents on Dorchester Road and to confirm the suitability of the vernal pools for breeding amphibians. Visual surveys for egg masses in the vernal pool features identified Western Chorus Frog adults in one of the pools (SHAS-7B),and egg masses of the same species in the other (SHAS-7A). Western Chorus Frog has been documented extensively throughout the Riverfront Community property,primarily in the slough wetland forest outside the OPA boundary.Additional records of Western Chorus Frog to the west of Dorchester have also been documented,indicating a likelihood of movement across Dorchester between the Riverfront property and OPG Canal lands. Frog.significance File:7602 May4,2018 Page 2 of4 Page 497 of 566 [)1SAVANTA Riverfront Community OPA Woodland Amphibian Breeding Habitat Assessment met for this SWH type,at least 20 individuals of two species of frog must be present.This threshold was not met for either of the vernal pool features. A tally of amphibians found dead on Dorchester Road was completed on April 28,2018,following precipitation.Blue-spotted """'u I n .a 2 Western Chorus Frog,and 2 unidentifiable amphibian mortalities found on and adjacent to Dorchester Road.As previously identified in Savanta reports,existing road mortality effects are associated with existing traffic usage on Dorchester Road.Efforts to reduce these current impacts on the resident amphibian populations will be recommended as planning stages advance. nnngidered |—l\.11.J nu uuu v-.a-nu."uvu uvuuu-uu nun.lll\d\J|.lll .,.._.......u.....H........u u.:4‘!uv..u.uv.v...,....._.u......U “I significant wildlife habitat for woodland amphibian breeding habitat,a conservative approach was taken,and they were assessed in spring 2018.The species diversity and abundance thresholds for significance in accordance with SWHCS (MNRF,2015)were not met.Mitigation efforts to minimize the existing mortality events of migrating amphibians on Dorchester Road are to be considered as part of the traffic and road design studies advanced in later stages of planning. Yours truly, SAVANTA INC 8M% Shelley Lohnes Kyle Hunt Senior Ecologist Project Manager she||ey|ohnes@savanta.ca ky|ehunt@savanta.ca 1-800-810-3281 Ext 1230 1-800-810-3281 Ext 1300 c:Alex Herlovich,City of Niagara Falls David Deluce,Niagara Peninsula Conservation Authority John Henricks,Niagara Planning Group I'_....f'\l"‘If\._... FBIIQ CHI,urxpan Tom Hilditch,Savanta Inc. File:7602 May4,2018 Page 3 of4 Page 498 of 566 BiSAVANTA Riverfront Community OPA Woodland Amphibian Breeding Habitat Assessment REFERENCES Deluce,D.Letter to City of Niagara Falls from Niagara Peninsula Conservation Authority.Letter dated April 5,2018;Niagara Peninsula Conservation Authority (NPCA)Comments Application for Official Plan Amendment Riverfront Community,City of Niagara Falls. Niagara Region.dated April Provincial andRegional CommentsApplicationforOfficialPlan “AmendmentAddress: 8100 Dorchester Road,Niagara Falls. Ministry of Natural Resources and Forestry (MNRF)2015.Significant wildlife habitat criteria schedules for eooregion 7E. Savanta Inc.2017.Environmental Impact Study prepared for GR (Canada)Investments, September 2017. Savanta Inc.2018.Environmental Impact Study Addendum,prepared for GR (Canada) Investments,March 2018. Page 499 of 566 Rita Marriott From: n,_,., John Barnsley bent: To: Subject: And another... Iuesoay,|V|ay C’),4U Id 27233 I-\|Vl Rita Marriott FW:People being PAID to exclude oppone meeting??? L0 ro osal at a publicRECEIVED MAY-8 2013 PLANNINGD,..___ |_0!ur:Vtl?(_)PN,EN-r E//Mv\')From:Linda Babb [ Sent:May 7,2018 8:38 PM To:Vince Kerrio;Carolynn Ioannoni iPhone Account;Fred Kratz;Joyce Morocco Bell Account;Kim Craitor Cogeco Account;MikeStrange;Victor Pietrangelo;Wayne Thomson FallviewAccount;Jim Diodati Cc:John Barnsley;BillMatson Subject:People being PAID to exclude opponents to a planning proposal at a public meeting??? — the lowll It was sent to me anonymously and —at the moment —I will not make it public I guess it was shared with me because I E been circulating the Notice of Public Meeting so widely,encouraging people to attend and "someone"felt it was important to let me know.Is this honest transparent impartial decision making at work?Is this how open transparent Council meetings are run in this City? Unknown individuals being paid $50 by an unknown person,to turn up at City Hall to occupy seats to ensure that people who are genuinely concerned about a serious issue cannot get in?Really ?? How low can this place sink?Are there no depths to which "some people”will go to subvert real public access to decisions that affect their community and that they feel strongly about?"Encourage (PAY)people in the audience to just sit there.NOTE and NB which means note well -this is unethical —probably illegal and,at the very least,absolutely unaccegtable. The “words”in the message may look innocuous enough but at NO TIME has anyone in the extensive group opposing the Riverfront/Thundering Waters/"Paradise"development ever incited violence or civil f"l.-‘A;-‘I1 f\l .y-|v\r\L-\+‘w\r\-//|nnAnAl <Fnn»\|vsnnl/IQ:-.unT|nu w~.nl»w-is-u-a\I\ln4-Av-nCrw-;us<l>I UIDUUUUICI IUU.LII |U'uI\UUI |d\.zU|JUUI'\HI UUIJS I Ill}J3.IIVVVVVV.IdLaUL)UUI’\.bUI I IIHI UUFDIOGVC I I IUI IUCI ll IHVVGLCIDI 'UI COL] and httgs://www.facebook.com/groupsigeoglesplatformnfl Every mention of,or reference to,the Qublicmeeting stresses “Silent Presence”I am wondering if this is,in any way,something which should be reported to the police —it is most certainly unethical “whoever"is behind it.Rest assured I will retain this communication and circulate it widely if it becomes necessary. - UGIOW IS the message sent IO me In anonymity Page 500 of 566 Hi all.Just to clarify what the $50 is for.It is‘ for you giving up your time to sit and listen to the council meeting.Nothing more than that.I am not asking for support on any issue or expecting people to do more than just be there to listen.The goal is to encourage people to be in the audience that will not be disruptive to the topics on hand and allow the city to make decisions based on facts rather than emotional public outbursts.This is not my issue except that I don't support bullying and shouting to make decisions that affect our community. “Listen"??Since when did anyone ?nd it "altruistic"to dole out S?per person to sit through the tedium or a City Council meeting just to "listen"?Most of us endure it for nothing.There has never been any "bullying", “abuse"or "intimidation"emanating from any individual who opposes that project -merely facts,science and respectful requests for clari?cation. I trust this will be fully investigated now that every member ofCouncil is aware that this occurred. How1nexpress1b1y sad Linda Babb "Doubt less ~beIieve more,complain less ~appreciate more,worry less ~dream more,fear less ~trust more, control less ~fIow more." Page 501 of 566 Rita Marriott From:Gwen Donofrio Sent:Tuesday,May 8,2018 10:58 AM To:Alex Herlovitch;John Barnsley;Rita Marriott Subject:FW:Riverfront Community Development Rita,another comment for Council. I-.._._._nn-r~-,___:-I. l'I'0I'l'l:KOSE3 IVICLOFFUICK L ] Sent:Tuesday,May 8,2018 10:53 AM To:CouncilMembers;Gwen Donofrio Subject:Riverfront Community Development MAY-8 2018 PLANNIN3.DEVELOPA/ CEENTGoodmorning,Mayor Diodati,Council Members and the Niagara Falls Planning Department My name is Rose McCormick and I am emailing you in regards to your upcoming vote on the Riverfront Community Development.As I understand it,tonight you will be voting upon whether or not to amend the official planning act to allow this development to move forward. I am very concerned that the Riverfront Community Development will have devastating ecological consequences for the provincially signi?cant wetlands (PSWS)that comprise much of the 484 acres of the forest.As I have been told by Helen Chang and multiple representatives of GR—Can,the development is structured around the PSWS and will leave them alone;however,I am not convinced that they will remain unharmed by surrounding development and its resulting consequences (pesticides,antifreeze,human waste, invasive species,etc.).How can council be confident that the wetlands will be unharmed?How can GR-Can, Niagara Falls Council,the Niagara Falls Planning Department,and Savanta Inc.understand how the wetlands will be affected in 5 years,10 years,etc?Myself and many others have been asking questions like this for the past two years and have thus far not been given any satisfactory answers.How can you move forward on a development that has so much community resistance? 'I‘|(‘11Y1 ' My concern does not end witn tne rm ws.1 n1s aeveiopment W111 6IICC[lVCly destroy tne savannan pOI‘I1OI’lor me woods,an area which is known to house the Dense Blazing Star (https://www.ontario.ca/page/dense—blazing; star),21?ower that is threatened in Ontario.The savannah is home to snakes,birds,bees,and even potentially bats (the bat studies also have not been completed,which alone is enough to postpone this vote)and is a beautiful ecological wonder unto itself. Tonight in the council chambers I am imploring you to vote with your conscience,and vote with your children ‘Inn-')f n{“1x7r\1~lI‘pnv +11o1‘Y\()an]/1.14rr 111 uuuu.VV 11Cl.l.DU1L U1 VVU11\.L UU uu VV1D11 LU 1\z(LV\/U\/11.l11Ll 1U1 Ll1\/1111 1 (1111 ao1\1u L11Cl.L LU111 11l-UU 1\/GOD VULD 11U.7 3 Respectfully, Rose McCormick St.Catharines,ON Page 502 of 566 Page 503 of 566 Page 504 of 566 Page 505 of 566 Page 506 of 566 Page 507 of 566 Page 508 of 566 Page 509 of 566 Page 510 of 566 Page 511 of 566 Page 512 of 566 Page 513 of 566 Page 514 of 566 Page 515 of 566 Page 516 of 566 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to regulate the placement of election signs in the City of Niagara Falls. WHEREAS the Municipal Act, S.O., 2001, c.25, Section 8 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Municipal Act, S.O., 2001, c.25, Section 11(3) provides for the specific spheres of jurisdiction under which the lower and upper tier municipalities may pass by-laws respecting specific matters including matters with respect to sighs; AND WHEREAS the powers conferred under the Municipal Act, S.O. 2001, c.25, Section 8 and 11 shall be exercised by by-law; AND WHEREAS Municipal Act, S.O. 2001, c.25, Section 99 specifically sets out the guidelines related to the passing of by-laws relating to signs and advertising devices; AND WHEREAS pursuant to Section 63 of the Municipal Act, S.O. 2001, c. 25, provides that a by-law may prohibit or regulate the placing or standing of an object on or near a highway, and may provide for the removal and impounding or restraining and immobilizing any object placed or standing on or near a highway; AND WHEREAS the Corporation of the City of Niagara Falls deems it expedient to pass a by-law to regulate the erection of signs for federal, provincial and municipal elections; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions “Billboard” means an outdoor sign erected and maintained by a person, company, or business engaged in the sale or rental of the space on the sign to a clientele. The space on the sign advertises goods, products, services, or facilities not available on the property where the sign is located. “Candidate” means a person who is running or has expressed an intention to run in a municipal, provincial or federal election, and shall be deemed to include a person seeking to influence other persons to vote for or against any candidate or any question or by-law submitted to the electors under section 8 of the Municipal Elections Act, 1996. Page 517 of 566 “Campaign Office” shall mean a building or structure, or part of a building or structure, used by a Candidate to conduct an election campaign; “Election sign” shall mean any sign advertising or promoting a candidate in a federal, provincial or municipal election or by-election, with the exception of billboard signs. “Registered Third Party” shall mean, an individual, corporation or trade union that is registered under section 88.6 of the Municipal Elections Act, 1996; “Third Party Advertisement” shall mean an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing a candidate or a ‘yes’ or ‘no’ answer to an question referred to in subsection 8 (1), (2) or (3) of the Municipal Elections Act, 1996 and has been erected or displayed without the authorization, direction or involvement of a Candidate; “Voting Place” shall mean a place where electors cast their ballots as approved by the Federal, Provincial, or Municipal Election Official(s) and shall include the real property on which the voting place is located and adjacent road allowances; 2. General 2.1 No person shall place or permit to be placed an Election Sign except in accordance to this by-law. 2.2 Election signs shall not be placed on any municipal properties including but not limited to: a) City Hall b) Any of the City’s Fire Stations c) All Municipal Parks d) The MacBain Community Centre e) The Gale Centre fi) The City’s Service Centre and yards on Stanley Avenue g) All municipal road allowances including medians, traffic islands or centre boulevards 2.3 No person shall place or permit to be placed an Election Sign that: a) Is illuminated; b) Has flashing lights or rotating parts; c) Does not contain the name and contact information of the Election Sign owner d) Obstructs or interferes with the safe operation of vehicular traffic or the safety of pedestrians; e) Obstructs or interferes with the visibility of any traffic sign or device; Page 518 of 566 f) Obstructs or impedes the City of Niagara Falls maintenance operations; g) Constitutes a danger or hazard to the general public. 2.4 The City Clerk and/or his designate(s) and/or Enforcement Services staff may remove any Election Sign erected in contravention of this by-law without notice. 2.5 No person shall display on any election sign or election advertising, a logo, trademark, official mark, or crest, in whole or in part, owned by the City of Niagara Falls. 2.6 Election signs may be placed on private property, with the owner or occupant’s permission, provided that the signs are; a) a minimum of three (3) metres away from the edge of a curb, the edge of a travelled road, or the shoulder of a highway; b) not within one (1) metre of a sidewalk; 2.7 Notwithstanding the requirements of any other by-law, no sign permit is required for an election sign. 2.8 Third Party advertisers shall: a) be required to register (using Form 7) with the City Clerk prior to the display of Election Signs. b) Contain valid and up-to-date contact information, including the name of the registered third party, the municipality where the third party is registered, and a telephone number, mailing address or email address at which the registered third party may be contacted, in order to identify at least one individual responsible for the display of the sign. 3. Time Restrictions 3.1 No person shall place or permit to be placed an Election Sign for a Federal or Provincial election or by-election earlier than the day the Writ of Election or by-election is dropped. 3.2 No person shall place or permit to be placed an Election Sign for a Municipal Election earlier than 45 days prior to voting day. 3.3 Notwithstanding section 3.1 and 3.2 of this by-law, election signs may be erected at a campaign office once the candidate has filed his or her nomination papers and paid the required filing fee. 3.4 Election signs shall be removed by the respective Candidate, Candidate representative, or Third Party Advertiser within forty-eight (48) hours immediately following 11:59 p.m. of the day of the election. Page 519 of 566 4. Election Signs on Public Property 4.1 No person shall place or permit to be placed an Election Sign on Public Property including: a) On a roadway; b) That impedes or obstructs the passage of pedestrians on a sidewalk; c) Between a roadway and a sidewalk; d) In a median strip; e) In a sight triangle; f) On any official sign or official sign structure; g) On a tree, post, pole, gate or fence located on public property owned and/or under the jurisdiction of the City; h) On or overhanging any property owned and / or under the jurisdiction of the City; i) On or within a vehicle parked within 50 metres (164 fee t) of a voting place; j) On a utility pole or light standard. 4.2 Election candidates and/or registered third parties shall be responsible for compliance with the signage by-laws and regulations of the Regional Municipality of Niagara and Province of Ontario as the case may be. 5. Removal and Return of Election Signs – Powers of the City Clerk 5.1 Election signs may be removed and disposed of by any municipal staff person of the City of Niagara Falls or designate as appointed from time to time by the City Clerk, if it is determined that the location of the election sign is; I) located on municipal property ii) erected earlier than the period(s) mentioned in section 1(2) of this by-law iii) impeding the necessary sight lines of motorists or pedestrians iv) hindering the municipality’s snowplough operations v) hindering access to a private drive vi) located on the property of a voting place during the voting hours of a Municipal Election vii) remaining posted longer than 48 hours following the corresponding election 5.2 The cost of such removal and disposal shall be charged back to the owner of the signs at a charge of $50.00 per sign should the candidate wish to claim their sign(s). Page 520 of 566 5.3 The City Clerk or their designate may destroy, or permit to be destroyed, or dispose of any Election Sign which has been removed and not claimed or retrieved by the Owner or their representative within ten (10) business days from it being removed by the City. 6. Penalty 6.1 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c P. 33. 7. Force and Effect 7.1 That, By-law 2006-160 be and is hereby repealed. 7.2 That, this By-law shall come into force and effect upon the date of passing. Passed this 24th day of April, 2018. ............................................................ ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 24, 2018. Second Reading: April 24, 2018. Third Reading: April 24, 2018. Page 521 of 566 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2018. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by-law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential/farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2018 taxation year have been set out in By-law 2018-37 of the Regional Municipality of Niagara, dated 12th day of April 2018; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara for the 2018 taxation year have been set out in By-law 2018-38 of the Regional Municipality of Niagara, dated 12th day of April 2018; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted estimates of all sums required to be raised by it during the year 2018; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2018 are to be levied for the various purposes hereinafter set forth are as follows: Page 522 of 566 Assessment Category Assessment Amount General Assessment Amount Urban Service Area RESIDENTIAL/FARM 7,768,331,010 7,289,846,308 MULTI-RESIDENTIAL 289,823,716 288,145,330 NEW MULTI-RESIDENTIAL 9,776,820 9,776,820 COMMERCIAL Taxable General 11,503,000 11,503,000 Taxable Full 1,798,720,303 1,744,139,227 Excess Land 35,528,758 33,698,408 Vacant Land 133,306,276 131,153,726 New Construction 112,295,405 107,775,264 New Construction – Excess Land 7,374,153 6,474,053 Office Building 9,636,480 9,636,480 Shopping Centre 219,662,683 219,662,683 Excess Land 9,096,935 9,096,935 Parking Lot 79,838,781 79,097,781 LANDFILL Taxable Full 3,152,500 0 INDUSTRIAL Taxable Full 80,500,254 74,587,683 Excess Land 3,703,450 3,116,400 Vacant Land 24,863,472 22,696,241 New Construction 13,595,876 4,699,300 New Construction – Excess Land 1,105,350 96,250 PIPELINES Taxable Full 42,334,000 25,116,000 FARMLANDS 74,074,020 1,646,634 MANAGED FORESTS 1,143,800 0 FARMLANDS AWAITING DEVELOPMENT 1 0 0 Page 523 of 566 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2018 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $65,102,382 which includes the amount of $6,745,594 for waste management services; (ii) for public and separate school board purposes the sum of $41,396,707; (iii) for the purpose of The Regional Municipality of Niagara the sum of $72,858,490; and (b) in Urban Service Areas 1 and 2: (i) for urban service purposes the sum of $8,863,020. 3. The tax rate schedule set out in Schedule “A” is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by-law and such tax shall become due and payable for 2018 only, for, (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 29, 2018 and September 28, 2018, and (b) Commercial, Industrial and Multi-Residential Assessments on August 31, 2018 and October 31, 2018. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By-law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by-law and to make a return of his or her Roll on or before the 31st day of December 2018. 7. This by-law shall come into force and effect immediately upon passing thereof. 8. Schedule “A” attached to this By-law shall form part of this By-law. Page 524 of 566 Passed this 8th day of May, 2018 ......................................................................... .................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 Page 525 of 566 Schedule “A” CITY OF NIAGARA FALLS 2018 Tax Rates Assessment General Rates Urban Service Area Urban Service Area Total Property Class Code City Waste Mgmt. Region Schools Total Residential/Farm RT 0.454208% 0.052503% 0.567079% 0.170000% 1.243790% 0.072925% 1.316715% New Multi-Residential Multi-residential NT MT 0.454208% 0.894790% 0.052503% 0.103431% 0.567079% 1.117146% 0.170000% 0.170000% 1.243790% 2.285367% 0.072925% 0.143662% 1.316715% 2.429029% Commercial -Occupied -Excess Land -Vacant Land CT/XT/CM CU/XU CX 0.788005% 0.551604% 0.551604% 0.091087% 0.063761% 0.063761% 0.983825% 0.688678% 0.688678% 1.090000% 0.763000% 0.763000% 2.952917% 2.067043% 2.067043% 0.126517% 0.088562% 0.088562% 3.079434% 2.155605% 2.155605% Commercial Other -Occupied -Excess Land DT/GT/ST/ZT DU/SU/ZU 0.788005% 0.551604% 0.091087% 0.063761% 0.983825% 0.688678% 1.090000% 0.763000% 2.952917% 2.067043% 0.126517% 0.088562% 3.079434% 2.155605% Landfill HT 1.335490% 0.154373% 1.667360% 1.785182% 4.942405% Industrial -Occupied -Excess Land -Vacant Land IT/LT IU/LU IX 1.194567% 0.836197% 0.836197% 0.138083% 0.096658% 0.096658% 1.491418% 1.043992% 1.043992% 1.340000% 0.938000% 0.938000% 4.164068% 2.914847% 2.914847% 0.191792% 0.134255% 0.134255% 4.355860% 3.049102% 3.049102% Industrial – New Construction -Occupied -Excess Land JT/KT JU/KU 1.194567% 0.836197% 0.138083% 0.096658% 1.491418% 1.043992% 1.090000% 0.763000% 3.914068% 2.739847% 0.191792% 0.134255% 4.105860% 2.874102% Pipelines PT 0.773107% 0.089365% 0.965225% 1.090000% 2.917697% 0.124125% 3.041822% Farmland FT 0.113552% 0.013126% 0.141770% 0.042500% 0.310948% 0.018231% 0.329179% Managed Forests TT 0.113552% 0.013126% 0.141770% 0.042500% 0.310948% 0.018231% 0.329179% Farmland Awaiting Development I Farmland Awaiting Development II C1 N/A 0.340656% 0.039377% 0.425309% 0.127500% 0.932842% 0.054694% 0.987536% Page 526 of 566 CITY OF NIAGARA FALLS By-law No. 2018- A by-law with respect to the installation and maintenance of a fire safety plan box, security key box and building access keys. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality has the authority to enact by-laws for the safety of persons and the protection of persons and property; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality has the capacity, rights and powers and privileges of a natural person for the purpose of exercising its authority and that it may do so by by-law; AND WHEREAS clause 7.1(1)(a) of the Fire Protection and Prevention Act, 1997 permits the council of a municipality to pass by-laws regulating fire prevention, including the prevention of the spreading of fires; AND WHEREAS the Fire Code established under Part IV of the Fire Protection and Prevention Act, 1997 sets out requirements for the preparation, approval and implementation of fire safety plans; AND WHEREAS under the Fire Code, fire safety plans are to be kept in a location approved by the Chief Fire Official; AND WHEREAS subsection 7.1(4) of the Fire Protection and Prevention Act, 1997 provides that a municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with this section 7.1 are being complied with; AND WHEREAS subsection 6(3) of the Fire Protection and Prevention Act, 1997 provides that a Fire Chief is the person who is ultimately responsible to the council of a municipality that appointed him or her for the delivery of fire protection services; AND WHEREAS Part XIV of the Municipal Act, 2001, S.O. 2001, c. 25 (Enforcement) applies with necessary modifications to by-laws passed by the council of a municipality under any other general or special Act except as otherwise provided in that Act; AND WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls that the health and safety of persons and property within Niagara Falls would be enhanced by the mandatory installation of fire safety plan boxes; AND WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes any by-law of the municipality is guilty of an offence. Page 527 of 566 THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: INTERPRETATION 1. Definitions: 1.1 Unless the context otherwise requires, the following terms have the meanings indicated: (a) “Approved” means approved by the Chief Fire Official; (b) “Fire Protection Equipment” means the equipment and systems that provide fire safety in a building which includes, but is not limited to, fire alarm systems, automatic sprinkler systems and other special suppression systems; (c) “Service room” means a room in a building used to contain equipment associated with building services; (d) “Security key box” means a reinforced box that is securely attached to a building and contains keys to access portions of a building as required by this by-law, and is obtained through the Niagara Falls Fire Department; (e) “Building access keys” include keys or an electronic device that provides access to secured parts of a building which includes service rooms and an elevator; (f) “Chief Fire Official” means the assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the fire department appointed by the Municipal Fire Chief; (g) “Fire Chief” means the Fire Chief appointed by the Council of the City under the Fire Protection and Prevent Act, 1997 for the Fire Department of the City and includes, in the absence of the Fire Chief, a Deputy Fire Chief; (h) “Fire Department” means the Fire Department of the City of Niagara Falls and includes its officers and members; (i) “Fire safety plan box” means a cabinet or box that is locked with a padlock for the storage of the items identified in section 2 of this by-law; (j) “Fire safety plan” means a fire safety plan as described in Section 2.8 of the Ontario Fire Code; (k) “Owner” means a person or corporation who has control over the premises. Page 528 of 566 1.2 In this by-law, a reference to an Act, regulation, or by-law is to that Act, regulation or by-law, as it is amended or re-enacted from time to time. THE REGULATIONS 2. Fire Safety Plan Box: 2.1 If an approved fire safety plan is required at a property, the owner shall install and maintain a fire safety box at the premises; 2.2 Not more than one fire safety plan box shall be installed at each premises; 2.3 Every fire safety plan box shall, at all times, contain a complete copy o f the approved fire safety plan. 3. Location: 3.1 Every fire safety plan box required under this by-law shall be: (a) Surface mounted within three metres of the principal entrance of the premises at a height between 1.5 metres to 1.8 metres above the floor; and (b) Securely mounted to an interior wall of the premises or if adequately protected from the elements, on an exterior wall; 3.2 Despite Section 3.1, the fire safety plan box may be installed in an alternative location with the approval of the Chief Fire Official; 3.3 The fire safety plan box shall be locked at all times. 4. Security Key Box: 4.1 If a security key box is installed to satisfy the requirements of Section 5.3(a) of this by-law, the security key box shall be installed in an approved location; 4.2 Not more than one security key box shall be installed at each premise. 5. Building Access Keys: 5.1 If keys are required to access areas of a building that contain fire protection equipment, a set of keys shall be made available to fire department personnel; 5.2 If keys are required to access service rooms, a set of keys shall be made available to fire department personnel; 5.3 If a key is required to access a fire safety plan box, the key shall be made available to fire department personnel. Page 529 of 566 5.4 If the building contains an elevator, the owner shall make keys available to fire department personnel, upon request; 5.5 Keys referenced in Sections 5.1, 5.2, 5.3 and 5.4 can be made available to the fire department by: (a) being secured in a security key box obtained through the fire department or; (b) being made available by an onsite representative. 5.6 Keys referred to in Section 5.1, 5.2, 5.3 and 5.4 shall be: (a) clearly marked and identifiable; and (b) current to the building; 5.7 In the event a building access key has become damaged or obsolete, the owner shall ensure that current building access keys are made available to the fire department in accordance with Section 5.5 of this by-law; 5.8 No person shall access a security key box without the approval of the Chief Fire Official. ADMINISTRATION OF THE BY-LAW 6. Administration: 6.1 The Fire Chief shall be responsible for the administration of this by-law; 6.2 Members of the Fire Department and the Municipal By-Law Division are appointed as officers for the purpose of entering upon the premises to which this by-law applies at any reasonable time to inspect the premises to determine whether this by-law is being complied with; ENFORCEMENT 7. Interference with Enforcement: 7.1 No person shall hinder, obstruct or interfere with a person duly appointed to enforce this by-law in the exercise of his or her powers and duties. THE OFFENCE AND PENALTY 8. Offence and Penalty: 8.1 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine of up to five thousand dollars ($5,000.00). Page 530 of 566 GENERAL 9. General: 9.1 Each provision of this by-law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by-law remain valid and enforceable; 9.2 Nothing in this by-law relieves a person from complying with any provision of any federal or provincial law or regulation, other by-law, or any requirement of any lawful permit, order or licence; 9.3 This by-law may be cited as “The Fire Safety Plan Box, Security Key Box, and Access Key By-law”; 9.4 By-law Nos. 2009-71 and 2010-115 are hereby repealed. 9.5 This by-law shall come into force and effect on the day it is passed. Passed this eighth day of May, 2018. ................................................................ ................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018. Second Reading: May 8, 2018. Third Reading: May 8, 2018. Page 531 of 566 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - 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 – (Part 4 – 80km/h), Speed Limits on Highways – (Part 2 – 60km/h) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule W Part 4 thereto the following items: SPEED LIMITS ON HIGHWAYS – (PART 4 – 80KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Nichols Lane Lundy’s Lane and Beechwood Rd. 80 Page 532 of 566 (b) by adding to the specified columns of Schedule W Part 2 thereto the following item: SPEED LIMITS ON HIGHWAYS – (PART 2 – 60KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Nichols Lane Beechwood Road to its western limit 60 This By-law shall come into force when the appropriate signs are installed. Passed this Eighth day of May, 2018. .......................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 Page 533 of 566 CITY OF NIAGARA FALLS By-law No. 2018 - ## A By-Law to Authorize a Service Provider Agreement Relating to Inter-Municipal Transit Services Within the Niagara Region. WHEREAS Niagara Region and the Service Provider have been parties to an inter- municipal pilot project since in or about September 2010 to the date of commencement of this Agreement pursuant to a written agreement (hereinafter the “Pilot Project Agreement”) for the operation of inter-municipal transit on a trial basis; AND WHEREAS, in 2017 Niagara Region obtained, through the triple majority process contemplated by the Municipal Act, 2001, legislative authority permitting direct involvement in inter-municipal transit; AND WHEREAS Niagara Region and the local municipalities and transit authority collectively providing inter-municipal transit service are involved in long term consultation and discussions to rationalize and unify transit service in Niagara region and for that purpose have entered into working arrangements to achieve that goal; AND WHEREAS it is desirable that inter-municipal transit operations continue and flourish through the consultation and discussion phase using a service akin to the arrangements undertaken during the Pilot Project; AND WHEREAS the transit vehicles originally purchased for the pilot project will eventually need to be replaced and to permit growth, supplemented with newer vehicles; AND WHEREAS Niagara Region wishes to retain the Service Provider to perform the Services, as set out in Schedule “A” attached hereto and the Service Provider has agreed to perform such Services in accordance with the terms and conditions as set forth herein; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Purchase of Service Agreement – between the Regional Municipality of Niagara and the Service Provider (St. Catharines Transit Commission, The Corporation of the City of Niagara Falls and The Corporation of the City of Welland) for the provision of Regional Transit Services to December 31st, 2020, as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Page 534 of 566 2 Passed this eighth day of May, 2018 ................................................................ ................................................................ WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 Page 535 of 566 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, as amended by By-law No. 98-52, to permit the expansion of the existing Chevrolet car dealership and to repeal By-law No. 98-52 (AM- 2018-001). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing th e permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a LI zone 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth (i) where the rear lot line does not abut a residential zone none (b) Minimum landscape open space (i) for an interior lot 9.6% of the required front yard (c) The balance of regulations specified for a LI use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. Page 536 of 566 2 9. The provisions of this by-law shall be shown on Sheet C3 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from LI, in part, and GI, in part, to LI and numbered 1060. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1060 Refer to By-law No. 2018-___. 11. By-law No. 98-52 is repealed. Passed this eighth day of May, 2018. ...................................................................... ……………………………………. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 S:\ZONING\AMS\2018\By-laws\Byam001.docx Page 537 of 566 Page 538 of 566 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law Nos. 79-200 and 95-146, to permit the use of the Lands for single detached dwellings on lots with a minimum lot frontage of 12 metres (AM-2018- 003). 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 Nos. 79-200 and 95-146, to permit the use of the Lands in a manner that would otherwise be prohibited by those by-laws. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law Nos. 79-200 and 95- 146, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law Nos. 79-200 and 95-146 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 uses permitted in a R1E zone. 5. The regulations governing the permitted uses shall be: (a) Maximum width of a driveway or parking area in the front yard of a lot 75% of the lot frontage but in no case more than 9.3 metres (b) The balance of regulations specified for a R1E 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 B2 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1A and numbered 383, to R1E and numbered 1061. Page 539 of 566 2 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1061 Refer to By-law No. 2018-___. 11. None of the provisions of By-law No. 95-146 shall continue to apply to the Lands. Passed this eighth day of May, 2018. .......................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M.DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 S:\ZONING\AMS\2018\By-laws\Byam003.docx Page 540 of 566 Page 541 of 566 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule AC” and that Schedule “C” attached hereto shall be inserted in lieu thereof. 2. That By-law 2017-140 be repealed. Passed this 8th day of May, 2018. ............................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018. Second Reading: May 8, 2018. Third Reading: May 8, 2018. Page 542 of 566 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Jade An Paul Brown Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Mario Digianni Larry Downing John Garvie Lou Hussey Norm Leonard John MacLeod Robert Mascia Philip Rudachuk Chris Russell Dave Simpson Randy Tait Thomas Tavender Page 543 of 566 CITY OF NIAGARA FALLS By-law No. 2018- A By-law to make a certain appointment. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Tiffany Clark is hereby appointed to the position of Acting City Treasurer. 2. In the event of her absence, the Acting City Treasurer will be either the Manager of Revenue or the Manager of Capital Accounting. 3. The effective date of this appointment is June 1, 2018. Passed this eighth day of May, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 Page 544 of 566 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to authorize the execution of an Agreement with The Association of Municipalities of Ontario (AMO) in order to participate in Ontario’s Main Street Revitalization Initiative. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement dated May 8, 2018 and made between The Association of Municipalities of Ontario (AMO) and the Corporation of the City of Niagara Falls whereas the City of Niagara Falls acknowledges that funds received through the Agreement must be invested in an interest bearing reserve account until the earliest of expenditure or March 31, 2020. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eighth day of May, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 Page 545 of 566 200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 amo@amo.on.ca Fax 416. 971.6191 877.426.6527 MUNICIPAL FUNDING AGREEMENT ONTARIO’S MAIN STREET REVITALIZATION INITIATIVE This Agreement made as of 1st day of April 2018. BETWEEN: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as “AMO”) AND: THE CITY OF NIAGARA FALLS (a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the “Recipient”) WHEREAS the Province of Ontario is making $26 million available for allocation for the purposes of supporting municipal Main Street Revitalization Initiatives in Ontario; WHEREAS the Province of Ontario, Ontario municipalities as represented by AMO are signatories to Ontario’s Main Street Revitalization Initiative Transfer Payment Agreement on March 12, 2018 (the “OMAFRA-AMO Agreement”), whereby AMO agreed to administer Main Street Revitalization funds made available to all Ontario municipalities, excluding Toronto; WHEREAS the OMAFRA-AMO Transfer Payment Agreement contains a framework for the transfer of provincial funds to Ontario lower-tier and single-tier municipalities represented by AMO; WHEREAS the Recipient wishes to enter into this Agreement in order to participate in Ontario’s Main Street Revitalization Initiative; WHEREAS AMO is carrying out the fund administration in accordance with its obligations set out in the OMAFRA-AMO Agreement and it will accordingly undertake certain activities and require Recipients to undertake activities as set out in this Agreement. THEREFORE the Parties agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings Page 546 of 566 2 ascribed to them below unless the subject matter or context is inconsistent therewith: “Agreement” means this Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. “Annual Report” means the duly completed report to be prepared and delivered to AMO as described in Section 7.2 and Section 2 of Schedule D. “Association of Municipalities of Ontario (AMO)” means a legally incorporated entity under the Corporations Act, 1990 R.S.O. 1990, Chapter c.38. “Communication Report” means the duly completed report to be prepared and delivered to AMO as described in Section 7.1 and Section 1 of Schedule D. “Community Improvement Plan” has the meaning as defined under section 28(1) of the Planning Act, R.S.O. 1990, c. P.13. “Contract” means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. “Effective Date” is April 1, 2018. “Eligible Costs” means those expenditures described as eligible in Schedule C. “Eligible Projects” means projects as described in Schedule B. “Eligible Recipient” means a a. Municipality or its agent (including its wholly owned corporation); and b. Non-municipal entity, including for profit, non-governmental and not-for profit organizations, on the condition that the Municipality(ies) has (have) indicated support for the Eligible Project through a formal grant agreement between the Municipality and the non-municipal entity. “Event of Default” has the meaning given to it in Section 11.1 of this Agreement. “Funds” mean the Funds made available to the Recipient through the Main Street Revitalization Initiative, a program established by the Government of Ontario. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. For greater certainty: (i) Funds transferred to another Municipality in accordance with Section 6.2 of this Agreement, other than as set out in Sections 7.1(a), (c) and (f), are to be treated as Funds by the Municipality to which the Funds are transferred and are not to be treated as Funds by the Recipient; and (ii) any Funds transferred to a non-municipal entity Page 547 of 566 3 in accordance with Section 6.3 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds. “Ineligible Costs” means those expenditures described as ineligible in Schedule C. “Lower-tier Municipality” means a Municipality that forms part of an Upper- tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001, c.25. “Municipal Fiscal Year” means the period beginning January 1st of a year and ending December 31st of the same year. “Municipality” and “Municipalities” means every municipality as defined under the Municipal Act, 2001 S.O. 2001 c.25. “Municipal Physical Infrastructure” means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Ontario. “Ontario” means Her Majesty in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs. “Parties” means AMO and the Recipient. “Project Completion Date” means the Recipient must complete its Project under this Agreement by March 31, 2020. “Recipient” has the meaning given to it on the first page of this Agreement. “Results Report” means the report prepared and delivered to AMO by the Recipient by which reports on how Funds are supporting progress towards achieving the program objective, more specifically described in Section 3 of Schedule D. “Single-tier Municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes as defined under the Municipal Act, 2001, S.O. 2001 c. 25. “Third Party” means any person or legal entity, other than the Parties to this Agreement who participates in the implementation of an Eligible Project by means of a Contract. “Transfer By-law” means a by-law passed by Council of the Recipient pursuant to Section 6.2 and delivered to AMO in accordance with that section. “Unspent Funds” means the amount reported as unspent by the Recipient as of December 31, as submitted in the Recipient’s Annual Report. Page 548 of 566 1.2 Interpretations: Herein, etc. The words “herein”, “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement. Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Statutes. Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 2. TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March 31, 2020. 2.2 Amendment. This Agreement may be amended at any time in writing as agreed to by AMO and the Recipient. 2.3 Notice. Any of the Parties may terminate this Agreement on written notice. 3. RECIPIENT REQUIREMENTS 3.1 Communications. The Recipient will comply with all requirements outlined, including providing upfront project information on an annual basis, or until all Funds are expended for communications purposes in the form described in Section 7.1 and Section 1 of Schedule D. a) Unless otherwise directed by Ontario, the Recipient will acknowledge the support of Ontario for Eligible Projects in the following manner: “The Project is funded [if it is partly funded the Recipient should use “in part”] by the Ontario Ministry of Agriculture, Food and Rural Affairs.” b) The Recipient shall notify Ontario within five (5) business days of planned media events or announcements related to the Project, organized by the Recipient to facilitate the attendance of Ontario. Media events and 4 Page 549 of 566 announcements include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. 3.2 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with the Canadian Free Trade Agreement and applicable international trade agreements, and all other applicable laws. a) The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4.1 Eligible Projects. Costs directly and reasonably incurred by the Recipient for construction, renewal, renovation or redevelopment or material enhancement activities funded under existing Community Improvement Plan financial incentive programs or activities funded under the Municipal Physical Infrastructure category, including projects in downtown or main street areas, as defined through an existing Community Improvement Plan or other municipal land use planning policy that will support the role of small businesses in main street areas as more specifically described in Schedule B and Schedule C 4.2 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule B and Schedule C. 5. ELIGIBLE COSTS 5.1 Eligible Costs. Schedule C sets out specific requirements for Eligible and Ineligible Costs. 5.2 Discretion of Ontario. Subject to Section 5.1, the eligibility of any items not listed in Schedule B and/or Schedule C to this Agreement is solely at the discretion of Ontario. 5.3 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject to the terms and conditions of this Agreement. 5.4 Reasonable Access. The Recipient shall allow AMO and Ontario reasonable and timely access to all documentation, records and accounts and those of their respective agents or Third Parties related to the receipt, deposit and use of Funds and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by AMO or Ontario or their respective designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 5.5 Retention of Receipts. The Recipient will keep proper and accurate accounts and records of all Eligible Projects including invoices and receipts for Eligible 5 Page 550 of 566 Expenditures in accordance with the Recipient’s municipal records retention by- law and, upon reasonable notice, make them available to AMO and Ontario. 6. FUNDS 6.1 Allocation of Funds. AMO will allocate and transfer Funds on the basis of the formula determined by Ontario. 6.2 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and transfer Funds to another Municipality (the “Transferee Municipality”): a) The allocation and transfer shall be authorized by by-law (a “Transfer By- law”). The Transfer By-law shall be passed by the Recipient’s council and submitted to AMO as soon thereafter as practicable. The Transfer By-law shall identify the Transferee Municipality and the amount of Funds the Transferee Municipality is to receive for the Municipal Fiscal Year specified in the Transfer By-law. b) The Recipient is still required to submit an Annual Report in accordance with Sections 7.1 (a), (c) and (f) hereof with respect to the Funds transferred. c) No transfer of Funds pursuant to this Section 6.2 shall be effected unless and until the Transferee Municipality has either (i) entered into an agreement with AMO on substantially the same terms as this Agreement, or (ii) has executed and delivered to AMO a written undertaking to assume all of the Recipient’s obligations under this Agreement with respect to the Funds transferred; in a form satisfactory to AMO. 6.3 Transfer of Funds to a non-municipal entity. Where a Recipient decides to support an Eligible Project undertaken by an Eligible Recipient that is not a Municipality: a) The provision of such support shall be authorized by a grant agreement between the Municipality and the Eligible Recipient in support of a Community Improvement Plan. The grant agreement shall identify the Eligible Recipient, and the amount of Funds the Eligible Recipient is to receive for that Eligible Project. b) The Recipient shall continue to be bound by all of the provisions of this Agreement notwithstanding any such transfer including the submission of an Annual Report in accordance with Section 7.2. c) No transfer of Funds pursuant to this Section 6.3 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered to the Municipality the grant agreement. 6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. 6 Page 551 of 566 6.5 Payout of Funds. The Recipient agrees that all Funds will be transferred by AMO to the Recipient upon full execution of this Agreement. 6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund or other separate distinct interest bearing account and shall retain the Funds in such reserve fund, or account until the Funds are expended or transferred in accordance with this Agreement. The Recipient shall ensure that: a) any investment of unexpended Funds will be in accordance with Ontario law and the Recipient’s investment policy; and, b) any interest earned on Funds will only be applied to Eligible Costs for Eligible Projects, more specifically on the basis set out in Schedule B and Schedule C. 6.7 Funds advanced. Funds transferred by AMO to the Recipient shall be expended by the Recipient in respect of Eligible Costs. AMO reserves the right to declare that Unspent Funds after March 31, 2020 become a debt to Ontario which the Recipient will reimburse forthwith on demand to AMO for transmission to Ontario. 6.8 Expenditure of Funds. The Recipient shall expend all Funds by March 31, 2020. 6.9 GST & HST. The use of Funds is based on the net amount of goods and services tax or harmonized sales tax to be paid by the Recipient net of any applicable tax rebates. 6.10 Limit on Ontario’s Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project. 6.11 Stacking. If the Recipient is receiving funds under other programs in respect of an Eligible Project to which the Recipient wishes to apply Funds, the maximum contribution limitation set out in any other program agreement made in respect of that Eligible Project shall continue to apply. 6.12 Insufficient funds provided by Ontario. If Ontario does not provide sufficient funds to AMO for this Agreement, AMO may terminate this Agreement. 7. REPORTING REQUIREMENTS 7.1 Communication Report. Immediately upon execution of this Agreement the Recipient shall report to AMO any Eligible Project being undertaken in the current Municipal Fiscal Year in the form described in Schedule D. 7.2 Annual Report. The Recipient shall report in the form in Schedule D due by May 15th following the Municipal Fiscal Year on: 7 Page 552 of 566 8 a) the amounts received from AMO under this Agreement; b) the amounts received from another Eligible Recipient; c) the amounts transferred to another Eligible Recipient; d) amounts paid by the Recipient in aggregate for Eligible Projects; e) amounts held at year end by the Recipient in aggregate, including interest, to pay for Eligible Projects; f) indicate in a narrative the progress that the Recipient has made in meeting its commitments and contributions; and, g) a listing of all Eligible Projects that have been funded, indicating the Eligible Project category, project description, amount of Funds, total project cost, start date, end date and completion status. 7.3 Results Report. The Recipient shall account in writing for results achieved by the Funds through a Results Report to be submitted to AMO. Specifically the Results Report shall document performance measures achieved through the investments in Eligible Projects in the form described in Section 3 of Schedule D. 8. RECORDS AND AUDIT 8.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector Accounting Board or the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent basis. 8.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient’s municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to AMO and Ontario for inspection or audit. 8.3 External Auditor. AMO and/or Ontario may request, upon written notification, an audit of Eligible Project or an Annual Report. AMO shall retain an external auditor to carry out an audit of the material referred to in Sections 5.4 and 5.5 of this Agreement. AMO shall ensure that any auditor who conducts an audit pursuant to this Section of this Agreement or otherwise, provides a copy of the Page 553 of 566 9 audit report to the Recipient and Ontario at the same time that the audit report is given to AMO. 9. INSURANCE AND INDEMNITY 9.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the term of this Agreement all the necessary insurance with respect to each Eligible Project, including any Eligible Projects with respect to which the Recipient has transferred Funds pursuant to Section 6 of this Agreement, that would be considered appropriate for a prudent Municipality undertaking Eligible Projects, including, where appropriate and without limitation, property, construction and liability insurance, which insurance coverage shall identify Ontario and AMO as additional insureds for the purposes of the Eligible Projects. 9.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall provide AMO with a valid certificate of insurance that confirms compliance with the requirements of Section 9.1. No Funds shall be expended or transferred pursuant to this Agreement until such certificate has been delivered to AMO. 9.3 AMO not liable. In no event shall Ontario or AMO be liable for: (a) any bodily injury, death or property damages to the Recipient, its employees, agents or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents or consultants, arising out of or in any way related to this Agreement; or (b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or consultants arising out of any or in any way related to this Agreement. 9.4 Recipient to Compensate Ontario. The Recipient will ensure that it will not, at any time, hold Ontario, its officers, servants, employees or agents responsible for any claims or losses of any kind that the Recipient, Third Parties or any other person or entity may suffer in relation to any matter related to the Funds or an Eligible Project and that the Recipient will, at all times, compensate Ontario, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to the Funds or an Eligible Project. The Recipient’s obligation to compensate as set out in this section does not apply to the extent to which such claims or losses relate to the negligence of an officer, servant, employee, or agent of Ontario in the performance of his or her duties. 9.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold harmless AMO, its officers, servants, employees or agents (each of which is called an “Indemnitee”), from and against all claims, losses, damages, liabilities and related expenses including the fees, charges and disbursements of any counsel for any Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by whomsoever brought or prosecuted in any manner based upon, Page 554 of 566 10 or occasioned by, any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: (a) the Funds; (b) the Recipient’s Eligible Projects, including the design, construction, operation, maintenance and repair of any part or all of the Eligible Projects; (c) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees and agents, or by a Third Party, its officers, servants, employees, or agents; and (d) any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees or agents. 10. DISPOSAL 10.1 Disposal. The Recipient will not, without Ontario’s prior written consent, sell, lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceed $50,000 at the time of sale, lease or disposal prior to March 31, 2021. 11. DEFAULT AND TERMINATION 11.1 Event of Default. AMO may declare in writing that an event of default has occurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has first consulted with the Recipient. Each and every one of the following events is an “Event of Default”: (a) failure by the Recipient to deliver in a timely manner an Annual Report or Results Report. (b) delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement. (c) failure by the Recipient to co-operate in an external audit undertaken by AMO or its agents. (d) delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement. (e) failure by the Recipient to expend Funds in accordance with Sections 4.1 and 6.8. 11.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within thirty (30) calendar days of receipt of the notice, either corrects the Page 555 of 566 11 default or demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such steps as are necessary to correct the default. 11.3 Remedies on default. If AMO declares that an Event of Default has occurred under Section 11.1, after thirty (30) calendar days from the Recipient’s receipt of the notice of an Event of Default, it may immediately terminate this Agreement. 11.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured to its satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Ontario which the Recipient will reimburse forthwith on demand to AMO for transmission to Ontario. 12. CONFLICT OF INTEREST 12.1 No conflict of interest. The Recipient will ensure that no current member of the AMO Board of Directors and no current or former public servant or office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes or policies of Ontario applies will derive direct benefit from the Funds, the Unspent Funds, and interest earned thereon, unless the provision of receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 13. NOTICE 13.1 Notice. Any notice, information or document provided for under this Agreement will be effectively given if in writing and if delivered by hand, or overnight courier, mailed, postage or other charges prepaid, or sent by facsimile or email to the addresses, the facsimile numbers or email addresses set out in Section 13.3. Any notice that is sent by hand or overnight courier service shall be deemed to have been given when received; any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed; any notice sent by facsimile shall be deemed to have been given when sent; any notice sent by email shall be deemed to have been received on the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email or other written acknowledgment), provided that in the case of a notice sent by facsimile or email, if it is not given on a business day before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m. on the next business day for the recipient. 13.2 Representatives. The individuals identified in Section 13.3 of this Agreement, in the first instance, act as AMO’s or the Recipient’s, as the case may be, representative for the purpose of implementing this Agreement. 13.3 Addresses for Notice. Further to Section 13.1 of this Agreement, notice can be given at the following addresses: a) If to AMO: Page 556 of 566 Executive Director Main Streets Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Telephone: 416-971-9856 Email: mainstreets@amo.on.ca b) If to the Recipient: Todd Harrison Director of Finance City of Niagara Falls 4310 Queen Street NIagara Falls, ON L2E 6X5 905-356-7521 Ext#4286 tharrison@niagarafalls. ca 14. MISCELLANEOUS 14.1 Counterpart Signature. This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 14.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 14.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law. 14.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 14.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 5, 6.7, 6.8, 7, 9.4, 9.5, 11.4 and 14.8. 14.6 AMO, Ontario and Recipient independent. The Recipient will ensure its actions do not establish or will not be deemed to establish a partnership, joint venture, principal-agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Ontario and the Recipient, 12 Page 557 of 566 13 between AMO and the Recipient, between Ontario and a Third Party or between AMO and a Third Party. 14.7 No Authority to Represent. The Recipient will ensure that it does not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of Ontario or AMO. 14.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO. 14.9 Priority. In the event of a conflict, the part of this Agreement that precedes the signature of the Parties will take precedence over the Schedules. 15. SCHEDULES 15.1 This Agreement, including: Schedule A Municipal Allocation Schedule B Eligible Projects Schedule C Eligible and Ineligible Costs Schedule D Reporting constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. Page 558 of 566 14 16. SIGNATURES IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed and delivered this Agreement on the date set out on the front page. RECIPIENT’S NAME: CITY OF NIAGARA FALLS _______________________________________ ________________________________ Name: Date Title: Name: Date Title: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: _______________________________ ________________________________ Title: Date In the presence of: Witness: Date Page 559 of 566 SCHEDULE A MUNICPAL ALLOCATION RECIPIENT’S NAME: CITY OF NIAGARA FALLS ALLOCATION: $107,500.72 The Recipient acknowledges this is a one time payment for Eligible Projects with Eligible Costs. 15 Page 560 of 566 16 SCHEDULE B ELIGIBLE PROJECTS Funding is to be directed to Eligible Projects to support revitalization activities within main street areas, as defined through an existing Community Improvement Plan or any other municipal land use planning policy. Funding can be used in one or both of the following categories: 1. Community Improvement Plan – construction, renewal, renovation or redevelopment or material enhancement activities that implement priority financial incentives in existing Community Improvement Plans such as: a. Commercial building façade improvements b. Preservation and adaptive reuse of heritage and industrial buildings c. Provision of affordable housing d. Space conversion for residential and commercial uses e. Structural improvements to buildings (e.g. Building Code upgrades) f. Improvement of community energy efficiency g. Accessibility enhancements 2. Other Municipal Land Use Planning Policy – construction, renewal or material enhancement activities to fund strategic Municipal Physical Infrastructure and promotional projects such as: a. Signage – wayfinding/directional, and gateway. b. Streetscaping and landscape improvements – lighting, banners, murals, street furniture, interpretive elements, public art, urban forestation, accessibility, telecommunications/broadband equipment, parking, active transportation infrastructure (e.g. bike racks/storage, cycling lanes and paths) and pedestrian walkways/trails. c. Marketing plan implementation – business attraction and promotion activities, special events. Page 561 of 566 17 SCHEDULE C ELIGIBLE AND INELIGIBLE COSTS 1. Eligible Costs include: a. Costs directly and reasonably incurred on or after April 1, 2018 up to and including the Project Completion Date by the Recipient for construction, renewal, renovation or redevelopment or material enhancement activities funded under existing Community Improvement Plan financial incentive programs. b. Costs directly and reasonably incurred on or after April 1, 2018 up to and including the Project Completion Date by the Recipient for construction, renewal or material enhancement activities funded under the Municipal Physical Infrastructure category including projects in downtown or main street areas, as defined through an existing Community Improvement Plan or other municipal land use planning policy that will support the success of small businesses in main street areas. 2. Ineligible Costs include: a. Costs incurred prior to Effective Date or after the Project Completion Date; b. Any costs associated with providing the Annual and Results Reports to AMO; c. Any costs associated with lobbying Ontario, including other Ministries, agencies and organizations of the Government of Ontario; d. Costs associated with construction, renewal, renovation or redevelopment or material enhancement of all things in the following categories: highways, short-sea shipping, short-line rail, regional or local airports, and brownfield redevelopment; e. Costs of infrastructure construction, renewal, renovation or redevelopment or material enhancement that do not improve energy efficiency, accessibility, aesthetics of marketability of small businesses within an Recipient’s main street areas; or that do not encourage strategic public investments in municipal and other public infrastructure within main street areas that will benefit small businesses; or that otherwise will likely fail to contribute to the success of main street businesses; f. Costs of infrastructure construction, renewal, renovation or redevelopment or material enhancement outside of the Recipient’s main street areas, as defined through an existing Community Improvement Plan or other municipal land use planning policy; g. The cost of leasing of equipment by the Recipient, any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs of Recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other Page 562 of 566 18 activities normally carried out by its staff, except in accordance with Eligible Costs above; h. Taxes, to which the Recipient is eligible for a tax rebate; i. Purchase of land or any interest therein, and related costs; and, j. Routine repair and maintenance Municipal Physical Infrastructure. Page 563 of 566 19 SCHEDULE D REPORTING 1. Communication Report Immediately following the Municipality executing this Agreement the Recipient will provide AMO a Communication Report in an electronic format deemed acceptable to AMO, consisting of the following: Project Title Project Description Eligible Project Category (CIP/ Municipal Physical Infrastructure Total Project Cost Estimate of Funds (Main Street) Spent 2. Annual Report The Recipient will provide to AMO an Annual Report in an electronic format deemed acceptable to AMO, consisting of the following: a. Financial Reporting Table: The financial report table will be submitted in accordance with the following template: Annual Report Financial Table Annual Cumulative 2018 2018 - 2020 Opening Balance $xxx Received from AMO $xxx $xxx Interest Earned $xxx $xxx Received from An Eligible Recipient $xxx $xxx Transferred to an Eligible Recipient ($xxx) ($xxx) Spent on Eligible Projects (for each Eligible Project category) ($xxx) ($xxx) Closing Balance of Unspent Funds $xxx Page 564 of 566 b. Project List: The Recipient will provide to AMO a project list submitted in accordance with the following template: 20 Recipient Project Title Project Description Eligible Project Category Total Project Cost Main Street Funds Used Start & End Date Completed? Yes/No/ Ongoing 3. Project Results. The Results Report shall outline, in a manner to be provided by AMO, the degree to which investments in each project are supporting progress towards achieving revitalization within main street areas: a. Community Improvement Plan Eligible Projects • Number of small businesses supported; • Total value of physical improvements; • Total Main Street Funds provided; • Total Municipal investment; and, • Total private investment. b. Municipal Physical Infrastructure Eligible Projects • Total value of physical improvements; • Total Main Street Funds provided; and • Total municipal investment. Page 565 of 566 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of May, 2018. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 8th day of May, 2018 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. Passed this eighth of May, 2018. .............................................................. ............................................................. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2018 Second Reading: May 8, 2018 Third Reading: May 8, 2018 Page 566 of 566